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102417 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 OCTOBER 24, 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. 6:00 PM - The City Council will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council will meet in closed session pursuant to Government Code Section 54956.8 regarding the potential acquisition of one parcel of real property owned by American Property Enterprises consisting of approximately 12.42 acres located east of Ynez Road and south of Rancho California Road and the Temecula Duck Pond (APNs 944-330-004, 944-330-005, and 944-330-006). The parties to the negotiations for the potential acquisition of the property are: American Property Enterprises and the City of Temecula. Negotiators for the City of Temecula are: Aaron Adams, Peter Thorson, Greg Butler, and Luke Watson. Under negotiation are price and terms of the potential acquisition of the property. Next in Order: Ordinance: 17-11 Resolution: 17-73 CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Aubrey Chang Invocation: Pastor Frank Correa of Calvary Chapel Temecula Valley Flag Salute: Mayor Pro Tem Matt Rahn ROLL CALL: Comerchero, Naggar, Rahn, Stewart, Edwards 1 PRESENTATIONS/PROCLAMATIONS Presentation of Temecula Police Department Canines Dayka and Boris by Police Chief Lisa McConnell Presentation of National Domestic Violence Awareness Month Proclamation Presentation of Proclamation to Sue Steffen 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 October 10, 2017 RECOMMENDATION: 2.1 That the City Council approve the action minutes of October 10, 2017. 2 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 4 Approve Financial Statements for the 4th Quarter Ended June 30, 2017 RECOMMENDATION: 4.1 Receive and file the Financial Statements for the 4th Quarter Ended June 30, 2017; 4.2 Approve a transfer of $3,600 from the Finance department (001.140) to the City Attorney department (001.130) to cover legal services expenses; 4.3 Approve an increase in appropriation of $500 Operating Transfer Out for Fund 160 Supplemental Law Enforcement Services Funds (SLESF) and Transfer In to the General Fund. 5 Approve Revised Exhibit "A" to Cooperative Agreement with County of Riverside to Provide Fire Protection, Fire Prevention, Rescue and Medical Emergency Services to Add Staffing for Roripaugh Fire Station No. 95 and Citywide Inspection Program RECOMMENDATION: 5.1 Approve Revised Exhibit "A" to the Cooperative Agreement with the County of Riverside to provide Fire Protection, Fire Prevention, Rescue and Medical Emergency Services for the City of Temecula; 5.2 Designate the City Manager as "Contract Administrator," in accordance with Section E. of the Cooperative Agreement to provide Fire Protection, Fire Prevention, Rescue and Medical Emergency Services for the City of Temecula. 6 Approve the First Amendment to the Purchase and Installation Agreement with PlayCore Wisconsin, Inc. dba GameTime for Butterfield Stage Park Playground Equipment Replacement, PW17-10 RECOMMENDATION: 6.1 That the City Council approve the First Amendment to the Purchase and Installation Agreement with PlayCore Wisconsin, Inc. dba GameTime, for Butterfield Stage Park Playground Equipment Replacement, PW17-10, by reducing the Agreement amount to $261,960.15. 3 7 Accept Improvements and File the Notice of Completion for the Citywide Slurry Seal for Arterial Streets, PW15-10 RECOMMENDATION: 7.1 Approve an increase to the contingency, in the amount of $19,567.84, for the Citywide Slurry Seal for Arterial Streets, PW15-10; 7.2 Increase the City Manager change order approval authority in the amount of $19,567.84; 7.3 Accept the improvements for the Citywide Slurry Seal for Arterial Streets, PW15-10, as complete; 7.4 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; 7.5 Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. 8 Receive and File Intermittent Street Closure of 3rd Street as Part of the Truax Hotel Construction Project RECOMMENDATION: 8.1 That the City Council receive and file the following proposed action by the City Manager: Intermittent Street Closure of 3rd Street between Old Town Front Street and Mercedes Street as part of Truax Hotel construction project. ******************** 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 17-05 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. 9 Approve the Action Minutes of October 10, 2017 RECOMMENDATION: 9.1 That the Board of Directors approve the action minutes of October 10, 2017. 10 Approve Financial Statements for the 4th Quarter Ended June 30, 2017 RECOMMENDATION: 10.1 Receive and file the Financial Statements for the 4th Quarter Ended June 30, 2017; 10.2 Approve appropriations for Service Level C - Zone 14 Morrison Homes in the amount of $700; Zone 24 Harveston in the amount of $4,000 and Zone 27 Avondale in the amount of $500. 5 11 Approve the Concession Services Agreement with Keith Gors dba Goodtime Rentals for Concessionaire Services at Harveston Lake Park RECOMMENDATION: 11.1 That the Board of Directors approve the Concession Services Agreement with Keith Gors dba Goodtime Rentals for Concessionaire services at Harveston Lake Park. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, November 14 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 MEETING Next in Order: Ordinance: SARDA 17-01 Resolution: SARDA 17-06 CALL TO ORDER: Chairperson Maryann Edwards ROLL CALL: DIRECTORS: Comerchero, Naggar, Rahn, Stewart, Edwards SARDA PUBLIC COMMENTS A total of 15 minutes is provided for members of the public to address the Board of Directors on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form may be filled out and filed with the City Clerk prior to the Board of Directors addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Agency 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. SARDA 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 Successor Agency to the Temecula Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. 12 Receive and File Financial Statements for the 4th Quarter Ended June 30, 2017 RECOMMENDATION: 12.1 That the Board of Directors receive and file the Financial Statements for the 4th Quarter Ended June 30, 2017. SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTORS REPORTS SARDA ADJOURNMENT Next regular meeting: Tuesday, November 14, 2017, at 5:30 PM, for a Closed Session, with regulz session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California 7 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 Assembly Bill (AB) 1600 Financial Reports — Development Impact Fee Expenditures RECOMMENDATION: 13.1 That the City Council approve the AB 1600 Financial Reports for Fiscal Year Ending June 30, 2017. 14 Approve an Amendment to Chapters 17.06, 17.24, and 17.34 of the Temecula Municipal Code Regulating Accessory Dwelling Units RECOMMENDATION: 14.1 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 CHAPTERS 17.06, 17.24 AND 17.34 OF THE TEMECULA MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS, AND MAKING A FINDING OF EXEMPTION UNDER PUBLIC RESOURCES CODE SECTION 21080.17 CITY COUNCIL BUSINESS 15 Approve Recommendation for Community Service Funding Program for Fiscal Year 2017-18 RECOMMENDATION: 15.1 That the City Council approve the Community Service Funding Ad Hoc Subcommittee's recommendation to allocate a total of $82,000 to fund 22 out of 26 grant applications received from nonprofit organizations for the Fiscal Year 2017-18 Community Service Funding Program. 8 16 Presentation by Riverside County Flood Control & Water Conservation District for Santa Margarita River Water Quality Improvement Plan (SMR-WQIP) RECOMMENDATION: 16.1 That the City Council receive a presentation from Riverside County Flood Control & Water Conservation District regarding the Santa Margarita River Water Quality Improvement Plan (SMR-WQIP). 17 Establish the Southwest Riverside County Energy Authority (SRCEA), Joint Powers Authority, and Approval of Various Agreements to Enable the City to Purchase Solar Generated Electricity from the Santa Margarita Ecological Reserve Solar Power Generating Facility RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, APPROVING A JOINT POWERS AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND THE CITY OF TEMECULA FOR THE ESTABLISHMENT OF THE SOUTHWEST RIVERSIDE COUNTY ENERGY AUTHORITY (SRC EA) 17.2 Appoint two Members of the City Council to serve as Directors of SRCEA; 17.3 Adopt a Resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF TEMECULA AND AS A MEMBER OF THE SOUTHWEST RIVERSIDE COUNTY ENERGY AUTHORITY (SRCEA), APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY BY RESPONSIBLE OFFICERS OF THE SRCEA OF THE SOLAR POWER PURCHASE AGREEMENT, THE SUBLEASE AGREEMENT, THE LICENSE USE AGREEMENT, AND THE INTERCONNECTION AGREEMENT, AND APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE GUARANTEE OF THE POWER PURCHASE AGREEMENT 9 18 Presentation Regarding the City's Homeless Outreach Efforts; Adopt an Administrative Procedure Regarding the Removal of Unlawful Campsites, Bulky Items, and Personal Property; Introduce Ordinance Regulating Conduct in Order to Protect the Health, Safety and Quality of Life of Persons in Temecula RECOMMENDATION: 18.1 Receive a Presentation Regarding the City's Homeless Outreach Efforts; 18.2 Adopt an Administrative Procedure regarding the Removal of Unlawful Campsites, Bulky Items, and Personal Property; 18.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA MODIFYING THE TEMECULA MUNICIPAL CODE TO REGULATE AND PROHIBIT CERTAIN CONDUCT AND CONDITIONS TO PROTECT HEALTH AND SAFETY BY AMENDING SECTION 9.65.060 TO PROHIBIT SOLICITATIONS IN RESTROOMS OPEN TO PUBLIC, ADDING CHAPTER 9.70 PROHIBITING CERTAIN CONDUCT ON PUBLIC PROPERTY, INCLUDING CAMPING, HINDERING OR OBSTRUCTING FREE PASSAGE, BODILY FUNCTIONS, WALK, STAND OR LIE ON PUBLIC BENCHES OR BE ON CERTAIN PUBLIC FIXTURES, PROHIBITING DWELLING IN VEHICLES ON CITY STREETS AND PUBLIC PROPERTY, AND REGULATING FOOD DISTRIBUTION ON PUBLIC PARKS AND PUBLIC PROPERTY, ADDING CHAPTER 9.75 PROHIBITING THE STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY AND PROVIDING FOR THE REMOVAL OF SUCH PROPERTY; REPEALING CHAPTER 9.02 AND SECTION 10.08.080 AS THESE ARE INCLUDED IN THE NEW PROVISIONS; AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM CEQA PURSUANT TO SECTION 15060 OF THE CEQA GUIDELINES DEPARTMENTAL REPORTS 19 Community Development Department Monthly Report 20 Fire Department Monthly Report 21 Public Works Department Monthly Report BOARD/COMMISSION REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT 10 ADJOURNMENT Next regular meeting: Tuesday, November 14, 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. 11 PRESENTATIONS Si Si , .sJ yryyyr yyry ry �����0.R6R6R��I�Wi����G ` i����� _ 1 � � � t'!�� ��� maeaewm M1—...: ..����, •wwwwaY man j: ����t � ..,,p,p«�n,.,„a'P.:?!:'i:ll: � u,¢p�a "` - �� •. l �� �AR �wwww. _ pp,, ,,pp 333 The City of Temecula PROCLAMATION WHEREAS, domestic violence knows no boundaries and impacts women, men, and children of every age, background, and belief; and WHEREAS, domestic violence weakens the foundation of our community and impacts the lives of families and future generations; and WHEREAS, stopping the cycle of violence requires not only the strength and courage of survivors, but also the support and involvement of all members of the community; and WHEREAS, we affirm the basic human right to be free from violence and abuse and recognize that more work remains until every individual is able to live free from fear of abuse and violence; and WHEREAS, since 1998, Safe Alternatives for Everyone (SAFE) has been committed to providing a comprehensive network of programs and services to domestic violence victims and their families, to break the cycle of violence; and WHEREAS, during National Domestic Violence Awareness Month we reaffirm our dedication to working together to end domestic violence so that no one suffers the hurt, humiliation, and betrayal that it brings. NOW, THEREFORE, I, Maryann Edwards, on behalf of the City Council of the City of Temecula, do hereby proclaim the month of October, 2017 to be "National Domestic Violence Awareness Month" and encourage our citizens to take a stand against domestic violence and support SAFE's efforts to provide life-saving services to those who suffer from these crimes. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this twenty-fourth day of October, 2017. Maryann Edwards, Mayor Randi Johl, City Clerk CITY COUNCIL CONSENT Item No. 1 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: October 24, 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 OCTOBER 10, 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 7:03 PM CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Susan Miyamoto Invocation: Pastor Mike Rogers of Generations Church Flag Salute: Council Member Mike Naggar ROLL CALL: Comerchero, Naggar, Rahn, Stewart, Edwards PRESENTATIONS/PROCLAMATIONS Presentation of Greek Food Festival Month Proclamation Presentation of National Manufacturing Day Proclamation Presentation of Helen Putnam Award to the City of Temecula by the League of California Cities PUBLIC COMMENTS The following individuals addressed the City Council: • Nikki Camelo • Mia Dwyer • Laurel LaMont • Marie Hyta • LaShay Rodriguez Action Minutes 101017 1 CITY COUNCIL REPORTS CONSENT CALENDAR 1 Waive Reading of Standard Ordinances and Resolutions - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Rahn; and electronic vote reflected approval by 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 September 26, 2017 - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Rahn; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 2.1 That the City Council approve the action minutes of September 26, 2017. 3 Approve the List of Demands - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Rahn; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 17-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approve the City Treasurer's Report as of August 31, 2017 - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Rahn; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as of August 31, 2017. 5 Adopt Ordinance 17-09 Pertaining to Electric Vehicle Charging Stations and Expedited Permitting Procedures (Second Reading) - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Rahn; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 5.1 That the City Council adopt an ordinance entitled: Action Minutes 101017 2 ORDINANCE NO. 17-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 15.24 TO TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE TEMECULA MUNICIPAL CODE ESTABLISHING AN EXPEDITED BUILDING PERMIT PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS 6 Adopt Ordinance 17-10 Amending Section 10.28.010(D) of the Temecula Municipal Code Regarding Prima Facie Speed Limits on Certain Streets (Second Reading) - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Rahn; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 6.1 That the City Council adopt an ordinance entitled: ORDINANCE NO. 17-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED ON CERTAIN STREETS 7 Approve an Agreement with Maris Imaging Solutions, LLC for Citywide Document Imaging and Quality Control Services - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Rahn; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 7.1 That the City Council approve an agreement with Maris Imaging Solutions, LLC, in a total amount not to exceed $150,000 during the three (3) year term of the agreement, for citywide document imaging and quality control services. 8 Approve the First Amendment to the License Agreement Between the City of Temecula and Rancho Community Reformed Church dba Community Mission of Hope for Use of City Real Property - Approved Staff Recommendation (5-0); Motion by Rahn, Second by Comerchero; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 8.1 That the City Council approve the First Amendment to the License Agreement between the City of Temecula and Rancho Community Reformed Church dba Community Mission of Hope for use of the Escalier House and Barn as a Housing Crisis Response Center. The following individuals addressed the City Council on item 8: • Neal Hevenschwonder 9 Approve the Second Amendment to the License Agreement with the Friends of the Action Minutes 101017 3 Temecula Libraries for the Support of the Ronald H. Roberts Temecula Public Library and the Friends of the Libraries Bookstore - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Rahn; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 9.1 That the City Council approve the Second Amendment to the Agreement with the Friends of the Temecula Libraries for the support of the Ronald H. Roberts Temecula Public Library and the Friends of the Libraries Bookstore. 10 Adopt a Resolution to Tax Defer Employee -paid Pension Contributions - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Rahn; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 10.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 17-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO TAX DEFER MEMBER PAID CONTRIBUTIONS UNDER IRC 414(H)(2) — EMPLOYER PICK- UP 11 Approve the Purchase of 50 Hewlett Packard (HP) Desktop Computers from Saitech, Inc. for Lifecycle Replacement - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Rahn; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 11.1 That the City Council authorize the purchase of 50 HP desktop computers from Saitech, Inc., in the amount of $39,963, including sales tax and shipping. 12 Approve the Fifth Amendment to the Agreement for Consulting Services with Environmental Science Associates for an Environmental Impact Report for the Altair Specific Plan - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Rahn; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 12.1 That the City Council approve the Fifth Amendment to the Agreement for Consultant Services with Environmental Science Associates, in the amount of $66,500, for a total agreement amount of $499,289, for the preparation of an Environmental Impact Report for the Altair Specific Plan. Action Minutes 101017 4 13 Approve the Playground Purchase and Installation Agreements with Landscape Structures, Inc. for Playground Equipment Enhancement and Safety Surfacing (Sunset Park), PW17-13 and (Veterans Park), PW17-14 - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Rahn; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 13.1 Approve the Purchase and Installation Agreement with Landscape Structures, Inc., in the amount of $249,021.19, for the Playground Equipment Enhancement and Safety Surfacing (Sunset Park), PW17-13; 13.2 Approve the Purchase and Installation Agreement with Landscape Structures, Inc., in the amount of $279,385.13, for the Playground Equipment Enhancement and Safety Surfacing (Veterans Park), PW17-14. 14 Accept Improvements and File the Notice of Completion for the Winchester Road at Roripauqh Road Signal Modification, PW15-03 - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Rahn; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 14.1 Accept the improvements for the Winchester Road at Roripaugh Road Signal Modification, PW15-03, as complete; 14.2 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; 14.3 Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed; 14.4 Approve an increase to the contingency for the Winchester Road at Roripaugh Road Signal Modification, PW15-03 in the amount of $23,567.35; 14.5 Increase the City Manager change order approval authority in the amount of $23,567.35. 15 Receive and File Temporary Street Closures for 2017 Winterfest Events - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Rahn; and electronic vote reflected approval by Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 15.1 That the City Council receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following 2017 Winterfest Events: OLD TOWN CHRISTMAS TREE INSTALL SANTA'S ELECTRIC LIGHT PARADE TEMECULA ON ICE Action Minutes 101017 5 WINTER WONDERLAND RECESS: At 8:01 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 8:03 PM, the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL BOARD/COMMISSION REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson stated there were no reportable actions under the Brown Act in regards to the Closed Session item. ADJOURNMENT At 8:08 PM, the City Council meeting was formally adjourned to Tuesday, October 24, 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. *** In memory of the Las Vegas victims and with ongoing thoughts for firefighters and first responders throughout the State. *** Maryann Edwards, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Action Minutes 101017 6 Item No. 3 TO: FROM: DATE: SUBJECT: Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT City Manager/City Council Jennifer Hennessy, Director of Finance October 24, 2017 Approve the List of Demands PREPARED BY: RECOMMENDATION: Pascale Brown, Fiscal Services Manager Jada Shafe, Accounting Technician II 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 $5,105,334.54. 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 24th day of October, 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 24th day of October, 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 09/28/2017 TOTAL CHECK RUN: $ 1,422,832.85 10/05/2017 TOTAL CHECK RUN: 3,204,268.79 10/05/2017 TOTAL PAYROLL RUN: 478,232.90 TOTAL LIST OF DEMANDS FOR 10/24/2017 COUNCIL MEETING: $ 5,105,334.54 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 774,858.84 120 DEVELOPMENT IMPACT FUND 52,734.36 140 COMMUNITY DEV BLOCK GRANT 284.42 165 AFFORDABLE HOUSING 8,760.60 170 MEASURE A FUND 13,642.81 190 TEMECULA COMMUNITY SERVICES DISTRICT 185,201.46 192 TCSD SERVICE LEVEL B STREET LIGHTS 227.08 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,692.97 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 3,542.26 197 TEMECULA LIBRARY FUND 48,515.28 198 PUBLIC ART 455.86 210 CAPITAL IMPROVEMENT PROJECTS FUND 3,311,862.47 300 INSURANCE FUND 33,565.31 305 WORKERS' COMPENSATION 2,741.46 320 INFORMATION TECHNOLOGY 83,522.16 330 CENTRAL SERVICES 6,210.48 340 FACILITIES 55,356.72 380 SARDA DEBT SERVICE FUND 1,977.50 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 61.14 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 668.42 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 61.14 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 61.14 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 61.14 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 61.14 478 CFD 16-01 RORIPAUGH PHASE II 305.52 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 2,461.91 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 1,523.46 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 2,949.38 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 184.00 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 1,053.75 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 368.85 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 548.61 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 4,402.66 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 95.97 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 321.22 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 64.07 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 4,776.47 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 19.90 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 690.67 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 160.03 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 961.08 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 74.90 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 2,376.16 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 173.73 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 5,637.01 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 1,334.95 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 74.56 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 5.57 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 119.28 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 1,161.01 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 74.62 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 606.90 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 189.22 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 68.02 700 CERBT CALIFORNIA EE RETIREE-GASB45 8,192.00 $ 4,627,101.64 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 261,540.35 140 COMMUNITY DEV BLOCK GRANT 413.06 165 AFFORDABLE HOUSING 3,078.60 190 TEMECULA COMMUNITY SERVICES DISTRICT 111,208.82 192 TCSD SERVICE LEVEL B STREET LIGHTS 325.71 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 2,297.61 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 367.06 197 TEMECULA LIBRARY FUND 1,736.15 300 INSURANCE FUND 949.95 305 WORKERS' COMPENSATION 1,926.10 320 INFORMATION TECHNOLOGY 28,926.94 330 CENTRAL SERVICES 5,967.39 340 FACILITIES 9,655.87 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 45.00 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 45.00 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 45.00 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 45.00 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 45.00 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 45.00 478 CFD 16-01 RORIPAUGH PHASE II 225.08 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 29.17 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 45.35 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 38.79 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 5.73 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 65.32 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 10.35 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 11.85 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 213.07 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 1.98 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 9.14 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 3.42 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 123.25 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 26.35 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 9.64 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 7.99 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 30.91 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 1.15 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 114.40 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 61.07 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 170.58 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 280.38 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 4.23 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 7.35 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 157.77 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 50.66 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 1.46 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 7.35 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 241.80 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 2.67 700 CERBT CALIFORNIA EE RETIREE-GASB45 47,611.03 478,232.90 TOTAL BY FUND: $ 5,105,334.54 apChkLst Final Check List 09/28/2017 1:48:01 PM CITY OF TEMECULA Page: 1 Bank : union UNION BANK Check # Date Vendor Description 3511 09/28/2017 000246 PERS (EMPLOYEES' PERS ARREARS CONTRIBUTIONS RETIREMENT) 3512 09/28/2017 007282 AMAZON.COM, INC 185165 09/21/2017 000418 RIVERSIDE CO CLERK& RECORDER 185166 09/21/2017 020223 B & P OIL SERVICES 185167 09/28/2017 004432 ALBERTSONS GROCERY STORE 185168 09/28/2017 003951 ALL AMERICAN ASPHALT 185169 09/28/2017 005037 AMERICAN ASPHALT SOUTH Amount Paid Check Total 30,486.59 30,486.59 SUPPLIES:HUMAN SERVICES 359.36 REC SUPPLIES:CRC 203.99 SUPPLIES:AQUATICS 152.22 REC SUPPLIES:CRC 117.16 REC SUPPLIES:CRC 109.00 REC SUPPLIES:CRC 49.41 SUPPLIES:HUMAN SERVICES 43.64 1,034.78 NTC EXEMPTION:MURR.HOT SPRGS 50.00 50.00 SLURRY SEAL REFUND: PERMIT CANCELLED 121,616.50 121,616.50 B16-1735 PUMPKINS FOR TEEN EVENT& MOVIE 575.00 575.00 NIGHT ASPHALT PRODUCTS: CITYWIDE 622.58 ASPHALT PRODUCTS: CITYWIDE 330.41 952.99 JUL RESIDENTIAL SLURRY SEAL: 611,768.31 611,768.31 INC PW17-03 185170 09/28/2017 004240 AMERICAN FORENSIC NURSES (AFN) 185171 09/28/2017 013950 AQUA CHILL OF SAN DIEGO 185172 09/28/2017 017149 B G P RECREATION, INC. 185173 09/28/2017 019709 BAGDASARIAN, NADYA 185174 09/28/2017 011954 BAKER & TAYLOR INC 185175 09/28/2017 010903 BARNETT, BEA PHLEBOTOMY SRVCS:TEMECULA 870.00 POLICE PHLEBOTOMY SRVCS:TEMECULA POLIC 225.00 SEP DRINKING WATER SYS MAINT: 183.71 CIVIC CTR SEP DRINKING WATER SYS MAINT: MPS 34.75 SEP WATER SVCS: POLICE STOREFRON 28.28 SEP DRINKING WATER SVCS: INFO TECI 28.28 SEP DRINKING WATER SYSTEM SRVCS: 28.28 SEP DRINKING WATER SYS MAINT: JRC 28.28 TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 3,591.00 2,580.20 1,828.75 1,095.00 331.58 7,999.95 REIMB:UNIFORMS:CODE ENF 193.35 193.35 RECORDS ON TAPE:LIBRARY 6.40 6.40 LEAGUE OF CA CITIES CONF 9/12-15 712.48 712.48 Pagel apChkLst Final Check List 09/28/2017 1:48:01 PM CITY OF TEMECULA Page: 2 Bank : union UNION BANK (Continued) Check # Date Vendor Description 185176 09/28/2017 010469 BOZONELOS, ROBERT PERF:ART OFF THE WALLS 9/1 185177 09/28/2017 003138 CAL MAT ASPHALT PURCH:PW STREET MAINT 185178 09/28/2017 004248 CALIF DEPT OF JUSTICE-ACCTING AUG DOJ ALCOHOL ANALYSIS:TEMECULA POLICE DOJ ALCOHOL ANALYSIS:TEMECULA PO JUL DOJ FINGERPRINTING SRVCS:POLI( Amount Paid Check Total 250.00 250.00 462.62 462.62 875.00 35.00 32.00 942.00 185179 09/28/2017 004462 CDW, LLC MISC SMALL TOOLS & EQUIP:INFO 1,828.92 TECH MISC SMALL TOOLS & EQUIP:INFO TECF 401.28 MISC SMALL TOOLS & EQUIP:INFO TECF 240.37 MISC SMALL TOOLS & EQUIP:INFO TECF 89.59 MISC SMALL TOOLS & EQUIP:INFO TECF 72.22 MISC SMALL TOOLS & EQUIP:INFO TECF 66.18 MISC SMALL TOOLS & EQUIP:INFO TECF 61.41 MISC SMALL TOOLS & EQUIP:INFO TECF 44.59 2,804.56 185180 09/28/2017 009640 CERTIFION CORPORATION SEP ONLINE DATABASE 150.00 150.00 SUBSCRIPTION: TEM 185181 09/28/2017 020201 CIRCLE OF SAFE -T, INC. SART EXAMS. TEM POLICE 1,100.00 SART EXAMS: TEM POLICE 1,100.00 2,200.00 185182 09/28/2017 005410 COLE, TOM REIMB:UNIFORMS:CODE ENF 199.57 199.57 185183 09/28/2017 004329 COSTCO TEMECULA #491 SUPPLIES:HUMAN SVCS 432.34 SUPPLIES:HUMAN SERVICES 369.08 MEMBERSHIP RENEWAL: TCSD DEPT 180.00 981.42 185184 09/28/2017 002631 COUNTS UNLIMITED INC Traffic count data collection srvcs: pw 150.00 150.00 185185 09/28/2017 018491 CRONBERG PHOTOGRAPHY TCSD INSTRUCTOR EARNINGS 448.00 448.00 185186 09/28/2017 003561 D F M ASSOCIATES 2017 CA ELECTIONS CODE:CITY 54.38 54.38 CLERK 185187 09/28/2017 003272 DAISY WHEEL RIBBON CO.,INC Misc toner & ink for printers:civic 2,179.97 2,179.97 DBA 185188 09/28/2017 001393 DATA TICKET, INC. AUG PARKING CITATION 1,159.49 1,159.49 PROCESSING:POLICE 185189 09/28/2017 012600 DAVID EVANS & ASSOCIATES 6/25-7/29 DSGN SVCS FALLEN HEROE: 7,755.00 INC PW17-0 7/30-8/26 DSGN SVCS FALLEN HEROE: F 3,015.00 10,770.00 Page2 apChkLst Final Check List 09/28/2017 1:48:01 PM CITY OF TEMECULA Page: 3 Bank : union UNION BANK (Continued) Check # Date Vendor Description 185190 09/28/2017 018247 DOKKEN ENGINEERING 6/1-8/31 CONSTMGMTSVCS: PW06-09 185191 09/28/2017 004192 DOWNS ENERGY FUEL & FUEL FOR CITY VEHICLES: POLICE LUBRICANTS DEPT. Amount Paid Check Total 2,154.00 2,154.00 78.10 78.10 185192 09/28/2017 002390 EASTERN MUNICIPAL WATER AUG WATER METER:MURR HOT 194.48 DIST SPRINGS RD AUG WATER METER:39656 DIEGO DR 154.15 AUG WATER METER:MURR HOT SPRING 38.20 386.83 185193 09/28/2017 020232 ECONOMIC DEVELOPMENT BOOTH & SEATS FOR INNOVATIVE 1,500.00 1,500.00 COALITION CONF 10/26 185194 09/28/2017 015090 EVAPCO PRODUCTS, INC. SEP CONDENSER H2O SYS MAINT: 583.50 583.50 CIVIC CTR 185195 09/28/2017 020233 FADAIE, JAIMEE REFUND:RETURNED LOST 15.89 15.89 MATERIALS:LIBRARY 185196 09/28/2017 017736 FEAST CALIFORNIA CAFE, LLC FOOD:ART OFF THE WALLS EVENTS 371.43 371.43 10/6 185197 09/28/2017 014865 FREIZE UHLER, KIMBERLY TABLECLOTHS: EMER MGMT 461.53 461.53 185198 09/28/2017 018858 FRONTIER CALIFORNIA, INC. SEP INTERNET SVCS:41000 MAIN ST 5,092.61 SEP INTERNET SVCS:41000 MAIN ST 2,492.94 SEP INTERNET SVCS:CITY HALL 291.98 SEP INTERNET SVCS:SR CTR, SKATE PP 203.32 SEP INTERNET SVCS:LIBRARY 186.98 SEP INTERNET SVCS:TCC 146.98 SEP INTERNET SVCS:SENIOR CENTER 146.98 SEP INTERNET SVCS:27415 ENTERPRIS 102.84 8,664.63 185199 09/28/2017 009097 FULL COMPASS SYSTEMS SOUND/LIGHTING & MISC SUPPLIES: 818.37 THEATER SOUND/LIGHTING & MISC SUPPLIES: TH 314.43 1,132.80 185200 09/28/2017 012066 GEOCON WEST, INC 7/10-8/6 GEOTECH SRVCS: PLANNING 2,500.00 2,500.00 DEPT 185201 09/28/2017 000177 GLENNIES OFFICE PRODUCTS MISC. OFFICE SUPPLIES: CITY CLERK 56.97 INC Office Supplies: Planning MISC. OFFICE SUPPLIES: CITY CLERK 10.82 8.46 76.25 185202 09/28/2017 003792 GRAINGER KEY CONTROL CABINET: FOC 82.31 SAFETY SUPPLIES: PW STREET MAI NT [ 40.12 122.43 185203 09/28/2017 015451 GREATAMERICA FINANCIAL SEP LEASE FOR 16 COPIERS:CITY 598.24 598.24 SVCS HALL/OFF-S Page3 apChkLst Final Check List 09/28/2017 1:48:01 PM CITY OF TEMECULA Page: 4 Bank : union UNION BANK (Continued) Check # Date Vendor 185204 09/28/2017 000186 HANKS HARDWARE INC 185205 09/28/2017 003198 HOME DEPOT, THE Description MAINT. SUPPLIES:PW STREET DIV MAINTENANCE SUPPLIES:VAR PARKS MAINTENANCE SUPPLIES:VAR PARKS MAINTENANCE SUPPLIES: VAR PARKS MAINTENANCE SUPPLIES:STATION 95 MAINTENANCE SUPPLIES:VAR PARKS MAINTENANCE SUPPLIES:LIBRARY MAINTENANCE SUPPLIES:VAR PARKS MAINTENANCE SUPPLIES:VAR PARKS MAINT. SUPPLIES: PW STREET DIV MAINTENANCE SUPPLIES: VAR PARKS MAINTENANCE SUPPLIES:VAR PARKS MAINT. SUPPLIES: TVM MAINT. SUPPLIES: OTTT MAINTENANCE SUPPLIES:CRC MAINTENANCE SUPPLIES:LIBRARY MAINT. SUPPLIES: CIVIC CTR MAINTENANCE SUPPLIES:PW STREET C MAINT. SUPPLIES: IWTCM MAINTENANCE SUPPLIES:TCC MAINT. SUPPLIES: IWTCM Amount Paid Check Total 717.51 207.57 113.06 70.49 65.12 61.37 44.58 35.38 29.95 29.35 12.27 11.95 10.64 10.64 9.77 9.33 8.69 8.55 5.95 4.26 3.80 MAINT SUPPLIES: IWTCM 472.17 MAINTENANCE SUPPLIES: SENIOR CEN' 1,470.23 143.52 615.69 185206 09/28/2017 001407 INTER VALLEY POOL SUPPLY POOL CHEMICAL SUPPLIES: VAR 531.62 531.62 INC POOLS 185207 09/28/2017 001091 KEYSER MARSTON ASSOCIATES INC AUG AFFORDABLE HOUSING ANALYSIS:COM DEV AUG CONSULTANT SRVCS:UPTOWN TEP AUG FISCAL IMPACT ANALYSIS: CYPREE 185208 09/28/2017 000548 KIPLINGER LETTER, THE SUBSCRIPTION: CITY MANAGER'S OFC 185209 09/28/2017 012945 LABELLE- MARVIN INC MATERIALS TESTING SVCS:PW17-03 185210 09/28/2017 004412 LEANDER, KERRY D. 4,490.00 2,023.75 325.00 6,838.75 108.00 108.00 55,590.00 55,590.00 TCSD INSTRUCTOR EARNINGS 1,055.60 TCSD INSTRUCTOR EARNINGS 185211 09/28/2017 000482 LEIGHTON CONSULTING INC GEOTECH SRVCS FOR ARTERIALS: PW15-10 185212 09/28/2017 011145 LODATO, JILL CHRISTINE 185213 09/28/2017 015259 MERCURY DISPOSAL SYSTEMS, INC. 531.30 1,586.90 13,642.81 13,642.81 TCSD INSTRUCTOR EARNINGS 2,710.40 TCSD INSTRUCTOR EARNINGS 1,570.80 4,281.20 Household Battery Recycling Program. 269.80 Household Battery Recycling Program. 215.84 485.64 Page4 apChkLst 09/28/2017 1:48:01 PM Final Check List CITY OF TEMECULA Page: 5 Bank : union UNION BANK (Continued) Check # Date Vendor 185214 09/28/2017 015955 METRO FIRE & SAFETY, INC. 185215 09/28/2017 018314 MICHAEL BAKER INT'L INC. 185216 09/28/2017 013443 MIDWEST TAPE LLC 185217 09/28/2017 004951 MIKE'S PRECISION WELDING INC. 185218 09/28/2017 013827 MIKO MOUNTAINLION, INC. 185219 09/28/2017 012264 MIRANDA, JULIO C. 185220 09/28/2017 016445 MKB PRINTING & PROMOTIONAL INC 185221 09/28/2017 004040 MORAMARCO, ANTHONY J. 185222 09/28/2017 017089 MORRIS-HOPKINS, BROOKE 185223 09/28/2017 017148 OAKLEY SALES CORP 185224 09/28/2017 011549 POWER SPORTS UNLIMITED 185225 09/28/2017 000254 PRESS ENTERPRISE COMPANY INC 185226 09/28/2017 014957 PRN PRODUCTIONS 185227 09/28/2017 000262 RANCHO CALIF WATER DISTRICT Description KITCHEN HOOD INSPECTIONS CRC KITCHEN HOOD INSPECTINS:PBSP KITCHEN HOOD INSPECTINS:MPSC KITCHEN HOOD CARTRIDGE:MPSC 7/31-9/3 PLAN REVISIONS & CONST SUPPORT BOOKS/COLLECTIONS: LI BRARY WELDING REPAIRS & SRVCS: VAR PARKS WELDING REPAIRS & SRVCS: VAR PARK ADD'L BMP MAINT WORK: PW12-14 TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS BUSINESS CARDS:TEMECULA POLICE BUSINESS CARDS:TEMECULA POLICE TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS MOTOR GLOVES: TEMECULA POLICE VEHICLE MAINT& REPAIR: POLICE VEHICLE MAINT& REPAIR: POLICE ANN'L SUBSCRIPTION PLNG 180905646 FRIDAY NIGHT LIVE 9/15/17 AUG VAR WATER METERS:TCSD SVC LEV C AUG LNDSCP WATER METER:41951 MOF AUG VAR WATER METERS:PW YMCA AUG LNDSCP WATER METER:CALLE ELE Amount Paid Check Total 205.00 205.00 205.00 125.00 1,772.88 86.98 400.00 150.00 6,400.00 705.60 609.00 151.20 100.00 45.72 70.00 700.00 525.00 280.00 175.00 140.00 345.13 3,249.65 2,294.36 528.80 427.90 27, 306.69 1,320.79 349.29 92.30 740.00 1,772.88 86.98 550.00 6,400.00 1,465.80 145.72 70.00 1,820.00 345.13 5,544.01 528.80 427.90 29,069.07 Pages apChkLst Final Check List 09/28/2017 1:48:01 PM CITY OF TEMECULA Page: 6 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 185228 09/28/2017 020225 RITCHIE, MARION REFUND:BAL. ADJ.:VIOL. DISMISSAL 305.00 305.00 322033 185229 09/28/2017 000353 RIVERSIDE CO AUDITOR AUG '17 PRKG CITATION 4,109.75 4,109.75 ASSESSMENTS 185230 09/28/2017 000268 RIVERSIDE CO HABITAT AUG '17 K -RAT PAYMENT 1,835.00 1,835.00 185231 09/28/2017 000406 RIVERSIDE CO SHERIFFS DEPT JUL-AUG YOUTH COURT 416.31 416.31 SRVCS:POLICE 185232 09/28/2017 005585 ROMINE, MARIA REIMB:UNIFORMS 162.48 162.48 185233 09/28/2017 012251 ROTH, DONALD J. TCSD INSTRUCTOR EARNINGS 315.00 185234 09/28/2017 018012 SAUNDERS, CATHY TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 185235 09/28/2017 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 9/14/17 185236 09/28/2017 009746 SIGNS BY TOMORROW 185237 09/28/2017 000537 SO CALIF EDISON 185238 09/28/2017 001212 SO CALIF GAS COMPANY JUL PUBLIC NTCS/PA17-0320:PLNG JUL PUBLIC NTCS/PA17-0710:PLNG JUL PUBLIC NTCS/PA17-0602:PLNG JUL PUBLIC NTCS/PA16-1550:PLNG BUS DECALS:SENIOR CENTER JUL PUBLIC NTCS/PA17-0626:PLNG JUL PUBLIC NTCS/PA17-0167:PLNG JUL PUBLIC NTCS/PA15-1892-5:PLNG JUL PUBLIC NTCS/PA17-0648:PLNG JUL PUBLIC NTCS/PA17-0090:PLNG AUG 2-33-237-4818:30499 RANCHO CAL AUG 2-30-099-3847:29721 RYECREST AUG 2-00-397-5059:33340 CAMINO PIEDF AUG 2-27-560-0625:32380 DEERHOLLOVA AUG 2-26-887-0789:40233 VILLAGE RD AUG 2-28-171-2620:40820 WINCHESTER SEP 2-31-693-9784:26036 YNEZ RD TC1 AUG 2-30-296-9522:46679 PRIMROSE AVI AUG 2-29-974-7568:26953 YNEZ RD TC1 315.00 630.00 352.80 350.70 327.60 327.60 1,358.70 430.50 430.50 212.75 212.75 212.75 212.75 169.07 1,063.75 851.00 638.25 212.75 212.75 98.53 24.14 6,981.61 2,261.62 2,078.45 1,005.28 364.38 359.46 115.74 AUG 095-167-7907-2:30650 PAUBA RD 96.39 AUG 125-244-2108-3:30600 PAUBA RD 3,998.57 13,289.21 14.79 111.18 Pages apChkLst Final Check List 09/28/2017 1:48:01 PM CITY OF TEMECULA Page: 7 Bank : union UNION BANK (Continued) Check # Date Vendor Description 185239 09/28/2017 008337 STAPLES BUSINESS OFFICE SUPPLIES: OLD TOWN ADVANTAGE Amount Paid Check Total 245.00 245.00 185240 09/28/2017 019751 STRYDER TRANSPORTATION TRANSPORTATION:TVM EXCURSION 756.00 756.00 11/1 185241 09/28/2017 020104 SUT, MICHAEL PERFORMANCE:ART OFF THE WALLS 165.00 165.00 9/1 185242 09/28/2017 003599 TY LIN INTERNATIONAL 185243 09/28/2017 003677 TEMECULA MOTORSPORTS LLC 185244 09/28/2017 010046 TEMECULA VALLEY CONVENTION & 7/1-28 CONSULT SRVCS:FV PKWY/I-15 157,984.52 PH II, 7/29-8/25 CONSULT SRVCS:FV PKWY/I-1; 95,872.04 VEH REPAIR & MAINT:TEMECULA 671.74 POLICE VEH REPAIR & MAINT:TEMECULA POLICI 43.91 JUL'17 BUS. IMPRV DISTRICTASMNTS 163,758.53 253,856.56 715.65 163,758.53 185245 09/28/2017 019966 TESSCO INCORPORATED EOC IMPROVEMENT: EOC CH 6,465.01 6,465.01 185246 09/28/2017 010276 TIME WARNER CABLE SEP HIGH SPEED INTERNET:29119 348.13 MARGARITA SEP HIGH SPEED INTERNET:32211 WOLI 184.62 185247 09/28/2017 019100 TNT ENTERTAINMENT GROUP SOUND SERVICES:WESTERN DAYS 2,150.00 LLC 185248 09/28/2017 020224 TUTTOBENE, NICOLE MARIE REFUND:BAL. ADJ.:VIOL. DISMISSAL 25.00 87340 185249 09/28/2017 000161 TYLER TECHNOLOGIES, INC MAY -JUN CONSULTING 8,853.17 SERVICES:INFO TECH CREDIT:BILLING ADJUSTMENT:FINANCE -89.94 532.75 2,150.00 25.00 8,763.23 185250 09/28/2017 017579 U.S. HEALTHWORKS MEDICAL PRE-EMPLOYMENT SCREENINGS: HR 396.00 PRE-EMPLOYMENT SCREENINGS: HR 110.00 506.00 185251 09/28/2017 019375 WARD, ROSANNE COMPUTER PURCHASE PROGRAM 1,998.99 1,998.99 185252 09/28/2017 002993 WSP USA, INC. LAND SURVEY SRVCS:FV PKWY/I-15 865.78 865.78 PHI 1001842 09/15/2017 017271 AIR IT OUT FOOTBALL REFUND:SEC DEP:RM RENTAL:CRC 200.00 200.00 1001843 09/15/2017 020206 AMADEO, ARPINEE REFUND:SENIOR EXCURSION 35.00 35.00 6200.204 Page:7 apChkLst Final Check List 09/28/2017 1:48:01 PM CITY OF TEMECULA Page: 8 Bank : union UNION BANK (Continued) Check # Date Vendor 1001844 09/15/2017 020207 APOSTLE, STEPHANIE 1001845 09/15/2017 020208 ARAMBULA, CYNTHIA 1001846 09/15/2017 020209 BAKER, JEAN 1001847 09/15/2017 020210 BOSTER, JAMIE 1001848 09/15/2017 018198 COOLEY, JAMES 1001849 09/15/2017 018198 COOLEY, JAMES 1001850 09/15/2017 020211 GRANCHE, KELLY Description Amount Paid Check Total REFUND:CREDIT ON ACCT:TCSD 49.00 49.00 REFUND:JR SPORTS 2206.202 105.00 105.00 REFUND:SR EXCURSION 6200.204 35.00 35.00 REFUND:TAP - BEGINNING 1990.201 108.00 108.00 REFUND:SEC DEP:KITCHEN 150.00 150.00 RENTAL:CRC REFUND:CREDIT:KITCHEN 116.00 116.00 RENTAL:CRC REFUND:TAP - BEGINNING 1990.201 108.00 108.00 1001851 09/15/2017 020212 HENRY, MASON REFUND:CREDIT:PICNIC 45.00 45.00 RENTAL:TEMEKU 1001852 09/15/2017 020213 JOHNSON, LAURA REFUND:PRESCHOOL GYMNASTICS 88.00 88.00 1705.204 1001853 09/15/2017 020214 LI, PAMELA REFUND:FAMILY MUSIC FOR BABIES 44.00 44.00 1001854 09/15/2017 020215 LEIZEROWICZ, JACLYN REFUND:FIDDLER ON THE ROOF 3400.201 200.00 200.00 1001855 09/15/2017 020216 LINDLEY, CHRISTINA REFUND:JAZZ/HIP HOP FUSION 108.00 108.00 1935.201 1001856 09/15/2017 020217 NUNEZ, LAUREN 1001857 09/15/2017 020218 ORTIZ, JEANELL 1001858 09/15/2017 020219 REED, ANNA 1001859 09/15/2017 020220 ROBLES, MICHELLE 1001860 09/15/2017 018306 SHURRAB, MOAMER REFUND:SCUBA DIVING LESSONS 120.00 120.00 REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 REFUND:PARENT & ME PLAYGROUP 32.00 32.00 REFUND:JR SPORTS 2205.204 84.00 84.00 REFUND:SEC DEP:PICNIC 200.00 200.00 RENTAL:HARVESTON Page:8 apChkLst Final Check List 09/28/2017 1:48:01 PM CITY OF TEMECULA Page: 9 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 1001861 09/15/2017 009163 SWANSON, ROBIN REFUND:SEC DEP:PICNIC 200.00 200.00 RENTAL:RRSP 1001862 09/15/2017 020221 VEALE, ELIZABETH REFUND:U-JAM DANCE FITNESS 15.00 15.00 1001863 09/21/2017 020205 SMITH, KEVONDRE REFUND:ADVANCED TODDLER SWIM 36.00 36.00 LESSONS 1001864 09/22/2017 020208 ARAMBULA, CYNTHIA REFUND:BEAR CUB UNIV 4010.202 209.00 209.00 1001865 09/22/2017 020227 CONSOS, DELIA REFUND:FIDDLER ON THE ROOF 193.75 193.75 3400.201 1001866 09/22/2017 020228 JAHANSHAHI, REZA 1001867 09/22/2017 020229 KINCAID, AMY 1001868 09/22/2017 020229 KINCAID, AMY 1001869 09/22/2017 020230 SHIVES, BRITTANY 1001870 09/22/2017 020231 WILSON, KELLY REFUND:SR EXCURSION 6200.204 70.00 70.00 REFUND:U-JAM DANCE FITNESS 10.00 10.00 REFUND:U-JAM DANCE FITNESS 5.00 5.00 REFUND:TEMECULA GLITZ CHEER 79.20 79.20 4030.201 REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 Grand total for UNION BANK: 1,422,832.85 Page9 apChkLst 09/28/2017 1:48:01 PM Final Check List CITY OF TEMECULA Page: 10 119 checks in this report. Grand Total All Checks: 1,422,832.85 Pagel 0 apChkLst 10/05/2017 11:02:24A M Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK Check # Date Vendor 3513 10/05/2017 007282 AMAZON.COM, INC 3514 10/05/2017 010349 CALIF DEPT OF CHILD SUPPORT 3515 10/05/2017 017429 COBRA ADVANTAGE INC., DBA: FLEX ADVANTAGE 3516 10/05/2017 000194 I CMA RETIREMENT -PLAN 303355 3517 10/05/2017 000444 INSTATAX (EDD) 3518 10/05/2017 000283 INSTATAX (IRS) 3519 10/05/2017 000389 NATIONWIDE RETIREMENT SOLUTION 3520 10/05/2017 001065 NATIONWIDE RETIREMENT SOLUTION 3521 10/05/2017 019088 NATIONWIDE RETIREMENT SOLUTION 3522 10/05/2017 000245 PERS - HEALTH INSUR PREMIUM 185253 10/05/2017 004973 ABACHERLI, LINDI Description BOOKS/COLLECTIONS: LI BRARY MUSEUM SUPPLIES:PPW MISC SUPPLIES:VARIOUS EVENTS MUSEUM SUPPLIES:TVM SUPPLIES:HUMAN SERVICES SUPPLIES:HUMAN SERVICES SUPPLIES:HUMAN SERVICES MUSEUM SUPPLIES:PPW SUPPLIES:HUMAN SERVICES MUSEUM SUPPLIES:TVM MISC SUPPLIES:VARIOUS EVENTS SUPPLIES:SKATE PARK OFFICE SUPPLIES:CRC SUPPLIES:HUMAN SERVICES SUPPORT PAYMENT CHILD CARE REIMBURSEMENT FSA PAYMENT I CMA RETIREMENT TRUST 457 PAYMENT STATE TAXES PAYMENT FEDERAL TAXES PAYMENT OBRA- PROJECT RETIREMENT PAYMENT NATIONWIDE RETIREMENT PAYMENT NATIONWIDE LOAN REPAYMENT PAYMENT PERS HEALTH PAYMENT PERS HEALTH PAYMENT TCSD INSTRUCTOR EARNINGS 185254 10/05/2017 004802 ADLERHORST INTERNATIONAL SEP POLICE K-9 TRAINING LLC Amount Paid Check Total 13.51 56.46 163.98 58.08 6.51 18.21 33.96 19.56 60.70 391.48 16.87 149.18 58.19 -13.24 1,008.45 19,767.34 8,257.94 22,836.15 85,257.28 2,731.74 11,732.49 442.44 0.00 115,032.27 280.00 1,033.45 1,008.45 19, 767.34 8,257.94 22,836.15 85,257.28 2,731.74 11,732.49 442.44 115,032.27 280.00 350.00 350.00 Pagel apChkLst Final Check List 10/05/2017 11:02:24AM CITY OF TEMECULA Page: 2 Bank : union UNION BANK (Continued) Check # Date Vendor Description 185255 10/05/2017 003951 ALL AMERICAN ASPHALT AUG PAVEMENT REHAB MARGARITA RD; PW12-11 185256 10/05/2017 000936 AMERICAN RED CROSS CERTIFICATION MATERIALS:AQUATICS 185257 10/05/2017 004623 AQUA SOURCE INC POOL TEST REAGENTS:AQUATICS CHLORINE TABLETS: TES POOL Amount Paid Check Total 1,204,080.75 1,204,080.75 70.00 70.00 168.28 1,802.75 1,971.03 185258 10/05/2017 011954 BAKER & TAYLOR INC BOOK COLLECTIONS:LIBRARY 55.87 RECORDS ON TAPE: LIBRARY 2.00 BOOK COLLECTIONS:LIBRARY 14.64 72.51 185259 10/05/2017 006254 BALLET FOLKLORICO TCSD INSTRUCTOR EARNINGS 191.10 TCSD INSTRUCTOR EARNINGS 176.40 TCSD INSTRUCTOR EARNINGS 220.50 588.00 185260 10/05/2017 018101 BARN STAGE COMPANY INC, STTLMNT: CABARET AT THE MERC 297.50 297.50 THE 9/24/17 185261 10/05/2017 010903 BARNETT, BEA ADD'L COST: LEAGUE OF CA CITIES 186.69 186.69 CONF '17 185262 10/05/2017 013482 BAS SECURITY SECURITY:COLOR RUN 143.20 SECURITY SVCS:TCSD 698.10 SECURITY SVCS:TCSD 1,458.00 2,299.30 185263 10/05/2017 008605 BONTERRA PSOMAS 7/28-8/24/17 CNSLTNG SRVC:RRSP 1,143.75 1,143.75 DESILTING 185264 10/05/2017 008605 BONTERRA PSOMAS AUG CONSULT SVCS:PECHANGA 291.25 291.25 PKWY ENVIRO 185265 10/05/2017 008605 BONTERRA PSOMAS 7/28-8/24-17 ENVIRO MITIGATION SVCS 66.25 66.25 185266 10/05/2017 020238 BRUNER, CARINA REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 185267 10/05/2017 005292 BUTLER, GREG LEAGUE OF CA CITIES CONF 9/13-15 9.73 9.73 185268 10/05/2017 020068 CAFE COYOTE MEALS:BUS TOUR:TVM 719.55 719.55 185269 10/05/2017 020239 CARVER, CIERRA REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 185270 10/05/2017 002415 CASTLE AMUSEMENT PARK EXCURSION:SUMMER DAY CAMP 2,204.73 2,204.73 Page2 apChkLst 10/05/2017 11:02:24A M Final Check List CITY OF TEMECULA Page: 3 Bank : union UNION BANK (Continued) Check # Date Vendor 185271 10/05/2017 020240 COLLABORATIVE LEARNING 185272 10/05/2017 009028 COMMUNICATIONS USA INC 185273 10/05/2017 004405 COMMUNITY HEALTH CHARITIES, CIO WELLS FARGO BANK 185274 10/05/2017 000442 COMPUTER ALERT SYSTEMS 185275 10/05/2017 012353 CONSTRUCTION TESTING 185276 10/05/2017 013379 COSSOU, CELINE 185277 10/05/2017 004329 COSTCO TEMECULA #491 185278 10/05/2017 016724 CRAFT, CHARLENE 185279 10/05/2017 018491 CRONBERG PHOTOGRAPHY 185280 10/05/2017 000209 CROP PRODUCTION SERVICES 185281 10/05/2017 014580 DANCE THEATRE COLLECTIVE 185282 10/05/2017 001393 DATA TICKET, INC. 185283 10/05/2017 018247 DOKKEN ENGINEERING 185284 10/05/2017 004192 DOWNS ENERGY FUEL& LUBRICANTS Description REFUND:SEC DEP:RM RENTAL:TCC MISC STAGE SUPPLIES: THEATER EMPLOYEE CHARITY DONATIONS PAYMENT OCT -DEC ALARM SYS MONITORING: VAR. FACIL INSPECT SVCS FOR MARGARITA RD: PW12-11 TCSD INSTRUCTOR EARNINGS SUPPLIES:HUMAN SERVICES SUPPLIES:HUMAN SERVICES REIMB:RFRSHMNTS EOQ SEP '17 TCSD INSTRUCTOR EARNINGS REPAIR AND MAINTENANCE: STA73 STTLMNT: "DANCE XCHANGE" 9/19 AUG 17 PARKING CITATION PROCESSING:POLIC JUL 17 PARKING CITATION PROCESSING 9/2016-5/2017 ENV SVCS:STORM WTR ANALYSI FUEL FOR CITY VEHICLES: TRAFFIC DIV FUEL FOR CITY VEHICLES: PUBLIC WOF FUEL FOR CITY VEHICLES: PUBLIC WOF FUEL FOR CITY VEHICLES: PUBLIC WOF FUEL FOR CITY VEHICLES: LAND DEV FUEL FOR CITY VEHICLES: POLICE DEP' FUEL FOR CITY VEHICLES: CODE ENFOI FUEL FOR CITY VEHICLES: BLDG INSPE FUEL FOR CITY VEHICLES: TCSD Amount Paid Check Total 200.00 539.40 24.00 5,775.00 21,712.00 536.90 17.55 522.42 132.00 364.00 107.53 73.50 200.00 160.00 4,092.50 186.01 1,007.73 787.91 216.15 138.12 70.33 162.04 294.19 576.76 200.00 539.40 24.00 5,775.00 21,712.00 536.90 539.97 132.00 364.00 107.53 73.50 360.00 4,092.50 3,439.24 Page3 apChkLst 10/05/2017 11:02:24A M Final Check List CITY OF TEMECULA Page: 4 Bank : union UNION BANK (Continued) Check # Date Vendor 185285 10/05/2017 002390 EASTERN MUNICIPAL WATER DIST 185286 10/05/2017 004068 ECALDRE MANALILI-DE VILLA, AILEEN 185287 10/05/2017 011202 EMH SPORTS USA, INC 185288 10/05/2017 011292 ENVIRONMENTAL SCIENCE ASSOC. 185289 10/05/2017 000164 ESGI L CORPORATION 185290 10/05/2017 001056 EXCEL LANDSCAPE, INC. 185291 10/05/2017 017432 EYEMED VISION CARE 185292 10/05/2017 009953 FEDERAL CLEANING CONTRACTORS 185293 10/05/2017 000165 FEDERAL EXPRESS INC 185294 10/05/2017 000380 FIRST STUDENT CHARTER Description AUG WATER METER:39569 SERAPHINA RD TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS JULY EIR: ALTAIR SPEC PLAN JUL PLAN CHECK SVCS FOR 2017-18 IRRIGATION REPAIRS:HARVESTON PARK REPLACE IRRIG STRAINER:HARV COM/ LDSCPE IMPROVMNTS:VAIL RANCH SLC LDSCP IMPRVMNTS:BI RDSALL SPORTSF IRRIGATION REPAIRS: VARIOUS MEDIAN INSTALL LANDSCAPE MULCH: FIRE STA VISION PLAN PAYMENT AUG 17 JANITORIALSRVCS:POLICE MALL JUL 17 JANITORIAL SRVCS:POLICE MAL SEP 17 JANITORIALSRVCS:POLICE MAI 9/14-9/18 EXP MAIL SVCS: FIRE & TCSD 9/5-912 EXP MAIL SVCS: VAR. DEPTS TRANSPORTATION:SUMMER DAY CAMP TRANSPORTATION:SUMMER DAY CAMP TRANSPORTATION:SUMMER DAY CAMP Amount Paid Check Total 601.33 350.00 192.50 245.00 245.00 177.19 122.50 192.50 297.50 227.50 472.50 157.50 315.00 385.00 638.40 630.00 6,157.55 16,710.64 87.82 2,046.40 1,123.00 5,909.00 249.15 4,995.00 1,222.86 922.50 922.50 922.50 42.15 333.95 521.30 2,309.58 601.33 2,994.69 1,653.40 6,157.55 16, 710.64 14,410.37 1,222.86 2,767.50 376.10 2,288.58 5,119.46 Page4 apChkLst Final Check List 10/05/2017 11:02:24AM CITY OF TEMECULA Page: 5 Bank : union UNION BANK (Continued) Check # Date Vendor Description 185295 10/05/2017 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 185296 10/05/2017 016436 FRICK, TRACY REIMB: SUPPLIES FOR STUDENT EXCHANGE Amount Paid Check Total 150.00 150.00 59.74 59.74 185297 10/05/2017 018858 FRONTIER CALIFORNIA, INC. SEP INTERNET SVCS:THEATER 146.98 146.98 185298 10/05/2017 009097 FULL COMPASS SYSTEMS SOUND/LIGHTING & MISC SUPPLIES: THEATER 481.18 481.18 185299 10/05/2017 016184 FUN EXPRESS, LLC MISC SUPPLIES:VARIOUS SPECIAL 926.66 926.66 EVENTS 185300 10/05/2017 013076 GAUDET, YVONNE M. TCSD INSTRUCTOR EARNINGS 235.20 235.20 185301 10/05/2017 012066 GEOCON WEST, INC 7/10-8/6 GEOTECH TESTING: PW12-11 6,089.00 6,089.00 185302 10/05/2017 000177 GLENNIES OFFICE PRODUCTS MISC. OFFICE SUPPLIES - MEDICS 104.31 INC OFFICE SUPPLIES: FOC 35.79 OFFICE SUPPLIES: FOC 185303 10/05/2017 009608 GOLDEN VALLEY MUSIC TIX: CLASSICS AT THER MERC: SOCIETY SEPTEMBER 38.51 178.61 560.00 560.00 185304 10/05/2017 020237 GOOSEN, THOMAS REFUND:RETURNED LOST 84.99 84.99 MATERIALS:LIBRARY 185305 10/05/2017 003792 GRAINGER SAFETY SUPPLIES: PW STREET MAINT DIV 92.57 92.57 Pages apChkLst Final Check List 10/05/2017 11:02:24AM CITY OF TEMECULA Page: 6 Bank : union UNION BANK (Continued) Check # Date Vendor 185306 10/05/2017 000186 HANKS HARDWARE INC Description MAINTENANCE SUPPLIES: VAR PARKS MAINTENANCE SUPPLIES: CIVIC CTR MAINTENANCE SUPPLIES: CIVIC CTR MAINT SUPPLIES: IWTCM MAINTENANCE SUPPLIES: VAR PARKS MAINTENANCE SUPPLIES: VAR PARKS MAINTENANCE SUPPLIES: VAR PARKS MAINTENANCE SUPPLIES: VAR PARKS MISC SMALL TOOLS & EQUIP: PW TRAFF MAINTENANCE SUPPLIES:PW STREET C MAINTENANCE SUPPLIES:PW STREET C MAINTENANCE SUPPLIES:PW STREET C MAINTENANCE SUPPLIES: VAR PARKS MAINTENANCE SUPPLIES: VAR PARKS MAINTENANCE SUPPLIES: VAR PARKS MAINTENANCE SUPPLIES: VAR PARKS MAINTENANCE SUPPLIES: CIVIC CTR MAINTENANCE SUPPLIES: CIVIC CTR MAINT SUPPLIES: CIVIC CTR MAINT. SUPPLIES: IWTCM MAINT. SUPPLIES: CIVIC CTR MAINT. SUPPLIES: MAINT. FAC MAI NT. SUPPLIES: IWTCM MAINT. SUPPLIES: MAINT. FACILITY MAI NT. SUPPLIES: CRC MAI NT. SUPPLIES: IWTCM MAI NT. SUPPLIES: IWTCM MAI NT. SUPPLIES: IWTCM MAI NT. SUPPLIES: IWTCM MAINT. SUPPLIES: TVM MAINTENANCE SUPPLIES: CIVIC CTR MAINTENANCE SUPPLIES: CIVIC CTR MAINT SUPPLIES: IWTCM MAINT SUPPLIES: IWTCM MAINT SUPPLIES: IWTCM MAINT SUPPLIES: IWTCM MAINT SUPPLIES: CIVIC CTR MAINT SUPPLIES: CRC MAINT SUPPLIES: TVM MAINTENANCE SUPPLIES: VAR PARKS MAINTENANCE SUPPLIES: VAR PARKS MAINTENANCE SUPPLIES: VAR PARKS MAINTENANCE SUPPLIES: VAR PARKS MAINTENANCE SUPPLIES: VAR PARKS MAINTENANCE SUPPLIES: VAR PARKS Amount Paid Check Total 15.87 11.41 10.86 4.35 11.47 23.14 89.31 -10.32 90.03 36.28 39.04 5.43 12.03 108.70 55.43 25.03 21.71 5.21 22.95 21.74 18.03 120.68 47.50 88.70 10.30 50.76 14.31 12.91 32.11 33.90 17.37 16.38 138.13 8.69 27.71 10.85 76.11 26.52 18.24 11.35 47.82 6.29 83.99 73.35 34.22 1,625.89 Pages apChkLst Final Check List 10/05/2017 11:02:24AM CITY OF TEMECULA Page: 7 Bank : union UNION BANK (Continued) Check # Date Vendor Description 185307 10/05/2017 012031 HARNEY, TERI SUPPLIES:WALK OF HOPE 185308 10/05/2017 000520 HDL COREN & CONE INC JUL-SEP PROP. TAX CONSULTING: FINANCE Amount Paid Check Total 104.37 104.37 5,596.50 5,596.50 185309 10/05/2017 010210 HOME DEPOT SUPPLY INC, SUPPLIES:HORTICULTURE PROGRAM 127.85 127.85 THE 185310 10/05/2017 017238 HUERTAS, ROSE REFUND:SEC DEP:KITCHEN RENTAL:CRC 200.00 200.00 185311 10/05/2017 009135 IMPACT MARKETING & DESIGN THEATER PROMOTIONAL ITEMS 601.54 601.54 INC 185312 10/05/2017 019903 IMS INFRASTRUCTURE PAVEMENT MGMT PRGM: PW17-02 8,550.30 8,550.30 MANAGEMENT 185313 10/05/2017 017203 INLAND VALLEY BUSINESS FY17/18 COUNCIL COMMUNITY SVC 500.00 500.00 185314 10/05/2017 001407 INTER VALLEY POOL SUPPLY POOL CHEMICAL SUPPLIES: VAR 565.23 565.23 INC POOLS 185315 10/05/2017 010676 INTERWEST CONSULTING AUG BLDG INSPECTION SVCS: BLDG 13,376.00 13,376.00 GROUP INC DEPT 185316 10/05/2017 012883 JACOB'S HOUSE INC EMPLOYEE CHARITY DONATIONS 40.00 40.00 PAYMENT 185317 10/05/2017 020241 KIM, HELEN 185318 10/05/2017 017118 KRACH, BREE B. 185319 10/05/2017 003975 LAWRENCE, JEFF 185320 10/05/2017 004412 LEANDER, KERRY D. 185321 10/05/2017 019722 LEKOS ELECTRIC, INC. 185322 10/05/2017 020242 LEVINTER, KRISTIN REFUND:CREDIT ON ACCT:TCSD 60.00 REFUND:CREDIT ON ACCT:TCSD 40.00 REFUND:CREDIT ON ACCT:TCSD 60.00 REFUND:CREDIT ON ACCT:TCSD 40.00 200.00 NAMETAGS: THEATER 92.44 awards:F.I.T. Color Run 358.88 AWARDS ETC:CULTURALARTS 27.19 478.51 SUPPLIES FOR FUN COLOR RUN 75.83 75.83 TCSD INSTRUCTOR EARNINGS 495.60 495.60 SEP INSTALL T TRAFFIC SIGNAL: 21,739.80 21,739.80 PW15-11TS REFUND:SEC DEP:RM RENTAL:CONF 200.00 200.00 CTR A/B Page:7 apChkLst 10/05/2017 11:02:24A M Final Check List CITY OF TEMECULA Page: 8 Bank : union UNION BANK Check # Date Vendor 185323 10/05/2017 013982 185324 10/05/2017 003782 M C I COMM SERVICE MAIN STREET SIGNS 185325 10/05/2017 017427 MATCHETT, VIVIAN 185326 10/05/2017 019823 MERCHANTS BLDG. MAINT. LLC 185327 10/05/2017 004951 MIKE'S PRECISION WELDING INC. 185328 10/05/2017 013827 MIKO MOUNTAINLION, INC. 185329 10/05/2017 012962 MILLER, MISTY 185330 10/05/2017 004043 MISSION ELECTRIC SUPPLY, INC 185331 10/05/2017 016445 MKB PRINTING & PROMOTIONAL INC 185332 10/05/2017 004040 MORAMARCO, ANTHONY J. 185333 10/05/2017 015507 MSDSONLINE, INC. 185334 10/05/2017 001986 MUZAK LLC 185335 10/05/2017 014391 NICHOLS, KELLIE D. (Continued) Description SEP XXX -0714 GEN USAGE:PD MALL ALARM SEP XXX -0346 GENERAL USAGE SIGNS & SUPPLIES: RIGHT-OF-WAYS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS AUG JANITORIAL SVCS: CITY FACILITIES WELDING REPAIRS & SRVCS: VAR PARKS JUN-JUL FENCE RENTAL: PARK -N -RIDE AUG -SEPT FENCE RENTAL: PARK -N -RID TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS ELECTRICAL SUPPLIES: VAR PARKS LED CONVERSION BULBS: VAR PARKS ELECTRICAL SUPPLIES: LIBRARY WINDOW ENVELOPES (#10, WHITE) - FINANCE TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS STAFF UNIFORM/SHIRTS:TCC TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS MSDS SUPSCRIPTION: RISK MGMT OCT DISH NETWORK PROGRAMING:FOC OCT DISH NETWORK PROGRAM:41952 E TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS Amount Paid Check Total 34.66 33.12 446.00 400.40 291.20 20,665.99 1,250.00 3,000.00 3,000.00 239.40 266.00 1,471.41 1,785.68 217.50 434.79 423.50 448.00 960.00 231.00 283.50 1,679.00 151.27 65.11 168.00 302.40 453.60 226.80 478.80 201.60 453.60 252.00 67.78 446.00 691.60 20,665.99 1,250.00 6,000.00 505.40 3,474.59 434.79 2,346.00 1,679.00 216.38 2,536.80 Page 8 apChkLst 10/05/2017 11:02:24A M Final Check List CITY OF TEMECULA Page: 9 Bank : union UNION BANK (Continued) Check # Date Vendor 185336 10/05/2017 006140 NORTH JEFFERSON BUSINESS PARK 185337 10/05/2017 003964 OFFICE DEPOT BUSINESS SVS DIV 185338 10/05/2017 002105 OLD TOWN TIRE & SERVICE 185339 10/05/2017 002105 OLD TOWN TIRE & SERVICE 185340 10/05/2017 002105 OLD TOWN TIRE & SERVICE 185341 10/05/2017 002105 OLD TOWN TIRE & SERVICE 185342 10/05/2017 013198 ORTENZO-HAYES, KRISTINE 185343 10/05/2017 019851 ORTIZ ENTERPRISES, INC. 185344 10/05/2017 019711 OWEN GROUP, INC., OWEN DESIGN GROUP Description OCT -DEC 17 ASSN DUES 1810 #16: FV OCT -DEC 17 ASSN DUES 3561 #19: FV OCT -DEC 17 ASSN DUES 3561 #17: FV OCT -DEC 17 ASSN DUES 8358 #20: FV OFFICE SUPPLIES:FINANCE OFFICE SUPPLIES:FINANCE CITY VEHICLE MAINT SVCS:PW STREET MAINT CITY VEHICLE MAINT SVCS:PW STREET CITY VEHICLE MAINT SVCS:PW STREET CITY VEHICLE MAINT SVCS:PW STREET CITY EQUIP MAINT SVCS:PW STREET M, CITY VEHICLE MAINT SVCS:PW STREET CITY VEHICLE MAINT SVCS:PW STREET CITY VEHICLE MAINT SVCS:PW STREET CITY VEHICLE MAINT SVCS:PARKS CITY VEHICLE MAINT SVCS:PARKS CITY VEHICLE MAINT SVCS:PARKS CITY VEHICLE MAINT SVCS:PARKS CITY VEHICLE MAINT SVCS:TCSD CITY VEHICLE MAINT SVCS:PARK RANG CITY VEHICLE MAINT SVCS:BLDG & SAFETY CITY VEHICLE MAINT SVCS:POLICE CITY VEHICLE MAINT SVCS:POLICE TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS PRGS PMT #4:I-15/SR79 SO ULT. INTRCHG JULADATRANSITION PLAN UPDATE SRVCS:PW 185345 10/05/2017 017888 PACIFIC HYDROBLASTING INC PAINTING SRVCS:HARVESTON COMM PARK Amount Paid Check Total 514.71 625.21 478.36 649.93 41.77 83.96 69.43 1,302.46 449.42 54.79 120.70 361.91 198.68 2,028.91 130.03 149.01 394.70 54.37 1,602.95 217.05 758.27 217.06 663.36 331.10 369.60 331.10 700.70 784.00 784.00 369.60 1,036,765.46 59,316.75 2,012.00 2,268.21 125.73 5,314.41 1,820.00 758.27 880.42 3,670.10 1,036,765.46 59,316.75 2,012.00 Page9 apChkLst Final Check List 10/05/2017 11:02:24AM CITY OF TEMECULA Page: 10 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 185346 10/05/2017 015931 PAST PERFECT SOFTWARE, ANNUAL SOFTWARE SUPPORT & 540.00 540.00 INC. MAINT:TVM 185347 10/05/2017 011737 PERLMUTTER PURCHASING USB PURCH:TEMECULA POLICE 370.19 370.19 POWER 185348 10/05/2017 000249 PETTY CASH PETTY CASH REIMBURSEMENT 831.55 831.55 185349 10/05/2017 017431 PLIC - SBD GRAND ISLAND DENTAL INSURANCE PAYMENT 10,510.47 10,510.47 185350 10/05/2017 010338 POOL& ELECTRICAL CHEMICAL SUPPLIES:SPLASH PAD, 260.63 PRODUCTS INC POOLS CHEMICALS AND SUPPLIES: VAR POOL: 605.77 866.40 185351 10/05/2017 011549 POWER SPORTS UNLIMITED VEHICLE MAI NT & REPAIR: POLICE 547.44 MOTORS VEHICLE MAI NT& REPAIR: POLICE MOT, 1,174.70 VEHICLE MAI NT& REPAIR: POLICE MOT, 340.99 2,063.13 185352 10/05/2017 020171 PREMIER POOLS AND SPAS REFUND:PERMIT FEES:B17-2722 258.90 258.90 185353 10/05/2017 005820 PRE -PAID LEGAL SERVICES PREPAID LEGAL SERVICES PAYMENT 342.85 342.85 INC 185354 10/05/2017 000262 RANCHO CALIF WATER SEP VAR WATER METERS:TCSD SVC 27,019.12 DISTRICT LEV C SEP VAR WATER METERS:PW VAR SITE: 3,541.09 SEP VAR WATER METERS:FIRE STNS 508.64 SEP WATER METER:30875 RANCHO VIS' 581.71 31,650.56 185355 10/05/2017 000947 RANCHO REPROGRAPHICS REPROGRAPHIC SRVCS:PVMNT 50.03 50.03 REHAB-WNCH 185356 10/05/2017 003591 RENES COMMERCIAL WEED ABATEMENT: RIGHT-OF-WAYS 2,270.00 2,270.00 MANAGEMENT 185357 10/05/2017 002412 RICHARDS WATSON & JUL 2017 LEGAL SERVICES 120,654.75 120,654.75 GERSHON 185358 10/05/2017 014027 RIVERSIDE CO ECO DEV JUL-SEPT STAFFING:LIBRARY 41,860.00 41,860.00 AGENCY 185359 10/05/2017 001592 RIVERSIDE CO INFO AUG EMERG RADIO RENTAL: TEM 2,551.37 2,551.37 TECHNOLOGY POLICE 185360 10/05/2017 001365 RIVERSIDE, COUNTY OF RENEW PERMIT:CRC 720.00 RENEW PERMIT:CRC 827.00 1,547.00 Pagel 0 apChkLst Final Check List 10/05/2017 11:02:24AM CITY OF TEMECULA Page: 11 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 185361 10/05/2017 004274 SAFE & SECURE LOCKSMITH LOCKSMITH SRVCS:CIVIC CENTER 29.09 LOCKSMITH SRVCS:LIBRARY 80.81 109.90 185362 10/05/2017 009980 SANBORN, GWYNETH A. COUNTRY LIVE! @ THE MERC 9/23 340.50 340.50 185363 10/05/2017 020082 SANDOVAL, SANDRA balloon arch and photo frame:Color Run 761.25 761.25 185364 10/05/2017 017699 SARNOWSKI, SHAWNA, M PHOTOGRAPHY:F.I.T. COLOR RUN 150.00 PRESTON PHOTOS:PHBSP 9/16 150.00 300.00 185365 10/05/2017 020142 SAVE OUR HERITAGE ADMISSION:TVM GUIDED TOUR 11/1 300.00 300.00 ORGANISATION 185366 10/05/2017 011511 SCUBA CENTER TEMECULA TCSD INSTRUCTOR EARNINGS 35.00 TCSD INSTRUCTOR EARNINGS 672.00 185367 10/05/2017 008529 SHERIFFS CIVIL DIV - SUPPORT PAYMENT 300.00 CENTRAL 185368 10/05/2017 009213 SHERRY BERRY MUSIC 185369 10/05/2017 013695 SHRED -IT US JV, LLC 707.00 SUPPORT PAYMENT 60.00 SUPPORT PAYMENT 71.66 SUPPORT PAYMENT 60.00 491.66 JAZZ @ THE MERC 9/21/17 537.00 JAZZ @ THE MERC 9/28 441.00 978.00 DOC SHRED SRVCS:VAR. 142.04 DEPTS/POLICE MALL S DOCUMENT SHRED SRVCS:POLICE O.T. 18.24 160.28 185370 10/05/2017 015674 SJ LINKING SYSTEMS RADIO RENTAL:COLOR RUN 185371 10/05/2017 000645 SMART & FINAL INC WALKIE TALKIE'S:HEALTH FAIR 200.00 160.00 EVENT SUPPLIES:CRC 157.88 SUPPLIES:FIT COLOR RUN 246.09 THEATER HOSPITALITY & OFFICE SUPPI 103.61 SUPPLIES:FIT COLOR RUN 25.86 SUPPLIES:FIT COLOR RUN 69.61 SUPPLIES & MISC. ITEMS:HUMAN SERV! 387.52 360.00 990.57 Page:11 apChkLst Final Check List 10/05/2017 11:02:24AM CITY OF TEMECULA Page: 12 Bank : union UNION BANK (Continued) Check # Date Vendor 185372 10/05/2017 000537 SO CALIF EDISON 185373 10/05/2017 001212 SO CALIF GAS COMPANY 185374 10/05/2017 000519 SOUTH COUNTY PEST CONTROL INC Description SEP 2-29-224-0173:32364 OVERLAND TRL SEP 2-28-331-4847:32805 PAUBA RD LS3 SEP 2-28-904-7706:32329 OVERLAND TR SEP 2-21-981-4720:30153 TEM PKWY TPF SEP 2-34-624-4452:32131 S LOOP RD LO SEP 2-31-419-2873:43000 HVVY-395 SEP 2-29-933-3831:43230 BUS PARK DR SEP 2-29-807-1226:28077 DIAZ RD PED SEP 2-35-164-3770:43487 BUTTERFIELD SEP 2-35-164-3663:42335 MEADOWS PK\ SEP 2-35-164-3515:32932 LEENA WAY SEP 2-35-164-3242:44270 MEADOWS PK\ SEP 2-33-357-5785:44747 REDHAWK PKV SEP 2-29-807-1093:28079 DIAZ RD PED SEP 2-29-657-2787:41638 WINCHESTER SEP 2-19-171-8568:28300 MERCEDES ST SEP 2-18-937-3152:28314 MERCEDES ST SEP 2-02-351-4946:41845 6TH ST SEP 2-34-333-3589:41702 MAIN ST SEP 2-31-912-7494:28690 MERCEDES ST SEP 2-31-536-3655:41904 MAIN ST SEP 2-31-536-3481:41902 MAIN ST SEP 2-32-903-8293:41000 MAIN ST SEP 2-14-204-1615:30027 FRONT ST RDI( SEP 2-31-282-0665:27407 DIAZ RD PED SEP 2-31-031-2616:27991 DIAZ RD PED Amount Paid Check Total 2,738.84 96.58 139.92 19.63 1,127.15 24.14 3,085.09 23.62 26.08 24.45 24.45 24.14 39.66 24.59 24.14 647.61 1,474.30 2,703.28 25.05 1,724.82 346.55 178.10 32,348.79 51.51 25.12 24.93 46,992.54 SEP 129-535-4236-7:41000 MAIN ST 582.79 SEP 101-525-1560-6:27415 ENTERPRISE 83.37 SEP 117-188-6393-6:32131 S LOOP RD 22.26 SEP 021-725-0775-4:41845 6TH ST 62.06 SEP 028-025-1468-3:41375 MCCABE CT 19.43 SEP 181-383-8881-6:28314 MERCEDES S 18.51 SEP 026-671-2909-8:42051 MAIN ST 21.28 SEP 101-525-0950-0:28816 PUJOLST 17.56 SEP 091-024-9300-5:30875 RANCHO VISI 205.73 SEP 133-040-7373-0:43210 BUS PARK DR 18.51 SEP 129-582-9784-3:43230 BUS PARK DR 28.69 SEP 098-255-9828-8:29119 MARGARITA R 48.18 SEP 091-085-1632-0:41951 MORAGA/POC 34.21 1,162.58 PEST CONTROL SERVICES: STA 95 80.00 80.00 185375 10/05/2017 012652 SOUTHERN CALIFORNIA SEP GEN USAGE:: 0141,0839,2593,9306 566.72 566.72 Page:12 apChkLst Final Check List 10/05/2017 11:02:24AM CITY OF TEMECULA Page: 13 Bank : union UNION BANK (Continued) Check # Date Vendor Description 185376 10/05/2017 005786 SPRINT AUG 20 - SEP 19 BUS FUSION M2M:POLICE 185380 10/05/2017 007762 STANDARD INSURANCE BASIC LIFE INSURANCE PAYMENT COMPANY 185381 10/05/2017 012723 STANDARD INSURANCE VOLUNTARY SUPP LIFE INSURANCE COMPANY PAYMENT 185382 10/05/2017 018844 STANTEC CONSULTING AUG DSGN & ENG SRVCS:BTRFLD SERVICES STAGE PH III 185383 10/05/2017 015648 STEIN, ANDREW PROMOTIONAL ITEMS/SHIRTS:ACE & TVM 185384 10/05/2017 016262 STEVE ADAMIAK GOLF INSTRUCTION Amount Paid Check Total 110.00 110.00 8,283.51 8,283.51 918.56 918.56 2,232.00 2,232.00 3,557.50 3,557.50 TCSD INSTRUCTOR EARNINGS 186.20 TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 185385 10/05/2017 003840 STRONGS PAINTING PAINTING SRVCS: SAM HICKS SNACK BAR 190.40 378.00 504.00 189.00 1,447.60 800.00 800.00 185386 10/05/2017 020104 SUT, MICHAEL PERFORMANCE:ART OFF THE WALLS 165.00 165.00 10/6 185387 10/05/2017 013387 SWEEPING UNLIMITED INC SEPT SWEEPING SRVCS: PARKING GARAGE 185388 10/05/2017 001547 TEAMSTERS LOCAL 911 UNION DUES PAYMENT 185389 10/05/2017 003677 TEMECULA MOTORSPORTS VEH REPAIR & MAINT:TEMECULA LLC POLICE 185390 10/05/2017 010061 TEMECULA OLIVE OIL SPEAKER RECOGN-EM SUMMIT:ECO COMPANY DEV 185391 10/05/2017 010046 TEMECULA VALLEY FY 17/18 SPONSORSHIPARGMNT: CONVENTION & ECON DEV 185392 10/05/2017 005970 TEMECULA VALLEY PLAYERS JOSEPH & THE TECHICOLOR DREAMCOAT 185393 10/05/2017 017415 THYSSENKRUPP ELEVATOR CORP ELEVATOR REPAIRS:MAINT FACILITY 7/24/17 ELEVATOR REPAIRS:MAINT FACILITY 7/1 540.00 540.00 5,126.00 5,126.00 300.11 300.11 122.39 122.39 50,000.00 50,000.00 21,316.61 21,316.61 176.50 141.50 318.00 Page:13 apChkLst Final Check List 10/05/2017 11:02:24AM CITY OF TEMECULA Page: 14 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 185394 10/05/2017 010276 TIME WARNER CABLE SEP -OCT HIGH SPEED INTERNET:PD 3.20 MALL SEP -OCT HIGH SPEED INTERNET:41000 4,000.11 4,003.31 185395 10/05/2017 017565 TRAFFIC MANAGEMENT INC. TRAFFIC MGMT SUPPLIES: PW 746.04 746.04 STREET MAINT 185396 10/05/2017 017430 TRANSAMERICA LIFE TRANSAMERICAACCIDENTADVANTAG 3,066.68 3,066.68 INSURANCE CO PAYMENT 185397 10/05/2017 000278 TRONC, INC. JUL LEGALADVERTISING:PW/CITY 3,788.08 3,788.08 CLERK/PLNG 185398 10/05/2017 019793 URBANE CAFE REFRESHMENTS:ART OFF THE WALLS 278.44 278.44 10/6 185399 10/05/2017 020243 VALERA, NICOLE REFUND:CREDIT:PICNIC 56.25 56.25 RENTAL:HARVESTON 185400 10/05/2017 004794 VALLEY WINDS COMMUNITY PERFORMANCE:CULTURALARTS 10/6 500.00 500.00 185401 10/05/2017 018174 VCA ANIMAL HOSPITALS, INC. VET CARE: POLICE K-9 OFFICERS 142.00 142.00 185402 10/05/2017 014486 VERIZON WIRELESS AUG 16 -SEP 15 BROADBAND 2,228.91 2,228.91 SVC:CITYWIDE 185403 10/05/2017 006248 WALKER, JESSICA TCSD INSTRUCTOR EARNINGS 420.00 420.00 185404 10/05/2017 007987 WALMART SUPPLIES:SKATE PARK 41.41 SUPPLIES:FIT COLOR RUN 190.57 SUPPLIES:FIT COLOR RUN 46.06 278.04 185405 10/05/2017 003730 WEST COAST ARBORISTS INC 8/16-31 TREE MAI NT SRVCS:VINTAGE 388.00 HILLS 9/1-15 TREE MAINT SRVCS:CITYWIDE R- 6,906.00 8/16-31 TREE MAINT SRVCS:CITYWIDE F 8,666.00 9/1-15 TREE MAINT SRVCS:PARKS & MEI 7,945.00 8/16-31 TREE MAINT SRVCS:PARKS & ME 3,518.00 8/16-31 TREE MAINT SRVCS:HARV. LAKE 850.00 8/16-31 TREE MAINT SRVCS:RANCHO HI 2,928.00 8/16-31 TREE MAINTSRVCS:VILLAGES G 356.00 31,557.00 185406 10/05/2017 017053 WOHLFORD, CHAD TYLER SEPT PROF SRVCS:COSTALLOC & 1,530.00 1,530.00 USER FEE Grand total for UNION BANK: 3,204,268.79 Page:14 apChkLst 10/05/2017 11:02:24A M Final Check List CITY OF TEMECULA Page: 15 161 checks in this report. Grand Total All Checks: 3,204,268.79 Page:15 Item No. 4 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: October 24, 2017 SUBJECT: Approve Financial Statements for the 4th Quarter Ended June 30, 2017 PREPARED BY: Pascale Brown, Fiscal Services Manager RECOMMENDATION: That the City Council: 1. Receive and file the Financial Statements for the 4th Quarter Ended June 30, 2017; 2. Approve a transfer of $3,600 from the Finance department (001.140) to the City Attorney department (001.130) to cover legal services expenses; 3. Approve an increase in appropriation of $500 Operating Transfer Out for Fund 160 Supplemental Law Enforcement Services Funds (SLESF) and Transfer In to the General Fund. BACKGROUND: The attached Financial Statements reflect the unaudited activity of the City for the 4th Quarter Ended June 30, 2017. Please see the attached Financial Statements footnotes for an analytical review of financial activity for each of the various funds. FISCAL IMPACT: in Fund 160. ATTACHMENTS: The increased appropriation reflects additional revenues received 1. Quarterly Financial Report Q4'16-17 2. Combining Balance Sheet as of June 30, 2017. 3. Statement of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual for the 3rd Quarter Ended June 30, 2017 (General Fund, Special Revenue Funds, Capital Improvement Fund, Debt Service Fund). 4. Combining Statement of Net Position as of June 30, 2017 5. Combining Statement of Revenues, Expenses and Changes in Net Position for the 3rd Quarter Ended June 30, 2017 (Internal Service Funds). 6. Statement of Net Position — Fiduciary Fund California Employee Retiree Benefit Trust (CERBT) Fund as of June 30, 2017. 7. Statement of Changes in Fiduciary Net Position — Fiduciary Fund (CERBT) for the 1St Quarter Ended June 30, 2017. GENERAL FUND Budget Actuals Variance FY16-17 Beginning Balance 32,201,920 32,201,920 Revenue 71,669,785 71,032,078 Operating Exp (71,495,923) (65,885,588) Transfers/One-Time Exp. (3,705,002) (3,661,555) (637,707) 5,610,335 43,447 FY16-17 Ending Balance 28,670,780 33,686,855 5,016,075 Quarterly Financial Update Q4'2016-17 The Heart of Southern California Wine Country Prepared by the City of Temecula Finance Department OVERVIEW The attached report summarizes the financial status of the City through June 30, 2017. The report covers all City funds and the Temecula Community Service District (TCSD). The narrative and charts below highlight current revenue and expenditure trends for the City's major funds and provide variance analyses compared to the Annual Budget. SUMMARY — GENERAL FUND The General Fund is the primary operating fund of the City, providing for public safety, public works, planning and development, building and safety, parks maintenance and general City administration. Fiscal Year 2016-17 ended with Revenues below budget projections by $637k, or 1%, and Expenditures by $5.6M, or 8%, leaving an Ending Fund Balance of $33.7M. REVENUE HIGHLIGHTS: A total of 82% of General Fund revenue is generated by a variety of taxes, with the remaining 18% from user fees, franchise fees, license fees, fines and reimbursements. The October 24, 2017 General Fund Revenue FY16-17 FY16-17 Budget Actuals Variance Sales Tax Property Tax Property Tax in lieu of VLF Vehicle License Fees Transient Occupancy Tax Measure C Gas Tax (Transfer In) Total Tax Revenue Franchise Fees Departmental Revenue Transfers In (excl. Gas Tax) Reimbursements Other Total Revenue 36,391,975 36,096,934 -1% 7,597,688 7,704,540 1% 7,429,531 7,429,530 0% 48,859 48,859 0% 3,268,105 3,321,698 2% 1,905,466 1,923,533 1% 2,072,868 2,030,952 -2% 58,714,492 58,556,047 0% 3,580,143 4,467,776 217,888 2,707,280 1,982,206 71,669,785 3,289,408 4,722,194 218,076 2,120,211 2,126,143 71,032,078 major tax revenues include Sales Tax, Property Tax, Measure C Special Tax and Gas Tax funds. Fiscal Year 2016-17 Revenue actuals came within 1% of Budget projections. The shortfall was due primarily to a decreased reimbursement from the Capital Improvement Program for projects that did not occur as timely as forecasted. Additionally, Sales Tax receipts fell short of budget projections due to a reporting anomaly from the prior fiscal year for the City's largest Sales Tax contributors. Sales Tax revenue for the year was flat compared to the prior year's actuals and fell short of budget projections by 1%. Lower gasoline prices compared to the prior year, combined with a payment anomaly from the largest Sales Tax payer are the primary drivers of the shortfall. New Auto Sales continue to show strong growth over the prior year. This sector of the economy has steadily grown for seven straight years, although the rate of growth has tapered slightly this past year with 9% growth, compared to the average growth rate of 15% per year. Property Tax & Property Tax In Lieu of Vehicle License Fees are paid primarily in January and May of each year. Property Tax receipts came in $107k over budget projections due to slightly higher assessed valuations of properties as a result of increased home prices. Transient Occupancy Tax (TOT) revenue reflects the 8% tax on hotel/motel stays within the City. Actual TOT payments came in $54k higher than the budget projection and 4% higher than the prior year due to increased occupancy and room rates. EXPENDITURE HIGHLIGHTS: Total Operating Expenditures for the General Fund for FY16-17 came in 8% below budget projections, with a savings of $5.6M. The majority of this savings was experienced in the Police and Fire Departments. Police expenditures were $2.2M below budget, due primarily to an average of six vacant positions over the course of the fiscal year, which contributed $1.2M of the savings. Additionally, the Police Contract rate came in more favorable than projected, yielding an additional $603k in savings. Fire expenditures came in $652k below budget, due primarily to higher labor rates budgeted by the County, compared to the actual rates charged. CIP Administration charges were significantly under budget ($645k) due to the delay in the timing of CIP projects and vacant positions. Public Works also experienced significant one-time savings ($518k) due to a number of vacant positions that occurred throughout the year. Annual costs related to NPDES permit fees came in $168k below budget projections, and additional savings were realized in Street Lighting and Utility costs, which fell short of budget projections due to reduced electricity rates. Measure C revenue is a voter -approved special tax specified for Recreation and Parks Maintenance expenditures. 50% of the tax is recorded in the General Fund and the other 50% is recorded in the TCSD Fund. It is received along with the Property Tax in January and May of each year. FY16-17 Measure C revenue came in $18k higher than the prior year, due to newly built properties being assessed. Franchise Fees are received from various utility companies, including Southern CA Gas, Southern CA Electric, CR&R, Frontier and Time Warner Cable Services. Due to reduced electricity rates and a decline in cable subscribers, total Franchise Fee revenue for FY16-17 fell short of budget projections by $291k which is a 10% decline from FY15-16. FY16-17 General Fund % Spent by Department As of 6/30/2017 Animal Control Fire Police Parks Maintenance CIP Administration Public Works Land Development Building & Safety Planning Human Resources Finance City Attorney City Clerk Emergency Management Economic Development City Manager Community Suppo City Coun Internal Service Fund charges to all departments were lower than anticipated due to a number of vacant positions within the Information Technology and Support Services departments. Special Tax (Measure C) 1,852,879 1,858,841 100% Recreation Funding (Measure S) 4,273,307 4,273,307 100% Recreation Program 2,569,348 2,526,418 98% Investment Interest 1,000 9,368 937% TOTAL REVENUES 8,696,534 8,667,934 100% SUMMARY — TE/IIECULA COMMUNITY SERVICES DISTRICT (TCSD) TCSD Revenue Fiscal Year 2016-17 TCSD Revenue met budget projections, with $8,667,934 in Total Revenue. Revenues for recreation programs, including fees for classes and camps, facility rentals, and admissions were slightly below budget, due primarily to a retroactive adjustment made to Theater revenue and lower than expected Contract Class revenue. Partially offsetting these shortfalls, both Aquatics and Day Camp revenues exceeded projections by $25k and $32k, respectively. FY16-17 FY16-17 Budget Actuals Received TCSD Expenditures TCSD Operations for FY16-17 came in approximately $1M, or 11%, below budget projections. The primary reason for the shortfall was a number of vacant Project positions, as well as the elimination of two Full -Time positions combined with a reorganzation which yielded lower operating costs. Due to a high level of vacancies in the Information Technology and Support Service Departments, less Internal Service Fund charges were allocated to TCSD and also contributed to this budget variance. 125% 100% 75% 50% 25% 0% FY2016-17 TCSD Spent by Division As of 6/30/17 �y wec cec' �y �C� ¢0 '••• ��c`7 4§ 0° Jc0 pec c cec `e5 pec pec ye`' et' .°c ',z,\'•° eC` eSs ca \ Ze Ja .� Se ea �P e'C` ,k e( e(` \a4'C\eO y' fet`°C • C Qc°� �cec �J P° `, 4\ .Sr �.§ ` C ce CP N, �a Qa cera\O :'° ear\°� \�`, \ace y ���k CJS kee, ���ac `cea�\° `cea�\°�°c;,k Q- ,-, Ce �Q- e°c �S Cr C,°cc CP Q.e e °c5 �. Q G°� cp°ac\ '�ec�° �eyQ c d' ee°\a Ca e .e, ie e 31 Page SUMMARY - OTHER FUNDS Below is a summary of all City and TCSD Funds providing the unaudited Beginning Fund Balance as of July 1, 2016, the actual Revenue and Expenditure activity for the fiscal year, and the Ending Fund Balance as of June 30, 2017. The Affordable Housing Fund and the Internal Service Funds' balance include non -spendable assets, such as loans receivable and fixed assets. Funds Beginning Revenue & Expenditures & Ending Balance Transfers In Transfers Out Balance General Fund 32,201,920 71,032,078 Measure S 6,047,316 Special Revenue Funds Gas Tax - 2,093,557 Development Impact Fees 6,824,130 2,316,841 Public, Education & Gov't (PEG) 117,442 293,906 Business Incubator 44,598 327,333 CDBG - 433,026 TEAM 231,416 6,282 AB2766 (Vehicle Subvention) 257,168 140,566 SLESF (Cops Grant) - 218,076 Major Crimes Fund 25,463 199 Affordable Housing 10,642,007 417,716 Measure A 5,127,707 2,933,652 Ca pita I Improvement Program 11,325,254 14,712,936 2011 Financing Lease - 2,139,975 69,547,143 33,686,855 5,811,114 236,202 2,093,557 4,804,930 101,439 241,296 433,026 40,000 261,567 218,076 247,918 1,809,828 8,279,256 2,139,975 4,336,041 309,909 130,635 197,698 136,167 25,662 10,811,805 6,251,531 17,758,934 34,595,185 26,034,065 20,670,868 39,958,382 Internal Service Funds Insurance 303,550 896,548 894,902 305,196 Workers' Comp 420,269 640,209 129,981 930,497 Vehicles & Equipment 1,919,662 103,987 92,891 1,930,758 Information Technology 38,191 2,573,332 2,372,552 238,971 Technology Replacement 1,227,951 287,287 236,771 1,278,467 Support Services 460,934 356,127 349,933 467,128 Facilities 494,794 1,285,849 1,283,191 497,452 4,865,351 6,143,339 5,360,221 5,648,469 TCSD Funds TCSD Operations 1,036,267 8,667,934 8,565,495 1,138,706 Service Level B (Street Lights) 90,658 973,876 895,485 169,049 Service Level C (Slope Ma int.) 1,260,960 1,604,225 1,424,678 1,440,507 Service Level D (Refuse/Recycl) 468,211 7,639,655 7,679,331 428,535 Service Level R (Road Ma int.) 22,428 5,745 4,762 23,411 Service Level L (Harveston Lake) 311,523 236,499 163,669 384,353 Library 276,669 674,063 705,899 244,833 Public Art 28,207 40,398 - 68,605 Intern Fellowship Program 9,293 0 9,293 Total of All Funds I kw* 3,504,216 19,842,395 19,448,612 3,897,999 60, 708, 462 123, 051, 877 115, 026, 844 83,191, 705 yri41 Page ECONOMIC INDICATORS Throughout the fiscal year, Finance monitors a number of economic indicators which help guide the development of the City's revenue forecasts. Below is a summary of the most recently available data for each indicator. Unemployment Rates serve as an indicator of the region's relative economic condition. Unemployment rates across the board have steady increased since May 2017. Temecula's rate, typically lower than the County, State and Federal rates, came in slightly higher than the Federal rate in August at 4.7%. Seasonal shifts are typical, as shown in the chart below. 7.0 6.5 6.0 4.5 4.0 3.5 3.0 2016-2017 Unemployment Rates National California - Riverside County - Temecula Consumer Confidence Index 140 120.4 120 100 80 60 40 20 119.8 Aug Sept '17 '17 109.5 98.7 Q1'17 Q2'17 National State The Consumer Price Index measures the year -over -year change in the prices of goods and services purchased for consumption by urban households. This economic indicator is the most widely used measure of inflation. Since June, the CPI has risen primarily due to sustained increases in the price of gasoline, energy and shelter. Mir n UMW The Consumer Confidence Index measures consumers' outlook on the economy. An index over 100 indicates a higher percentage of optimistic consumers vs. those who are pessimistic. Nationally, Consumer Confidence reflects a steady positive outlook, while California's outlook has declined recently due to concerns about the medical care act and the lack of progress on the new tax plan by Congress. 3.500% 3.000% 2.500% 2.000% 1.500% 1.000% 0.500% 0.000% Consumer Price Index CPI -U All Urban Consumers LL 0. g o Z 0 ' ))LL1 2 :5- —U.S City Average —Riverside -Ontario -San Bernardino 51 Page Pi 1111Ni,°G► 4b4er f6T C C L 28- . <c_,^Q..nOZQL2cc Y G > u C.O Q f>6 C In Q National California - Riverside County - Temecula Consumer Confidence Index 140 120.4 120 100 80 60 40 20 119.8 Aug Sept '17 '17 109.5 98.7 Q1'17 Q2'17 National State The Consumer Price Index measures the year -over -year change in the prices of goods and services purchased for consumption by urban households. This economic indicator is the most widely used measure of inflation. Since June, the CPI has risen primarily due to sustained increases in the price of gasoline, energy and shelter. Mir n UMW The Consumer Confidence Index measures consumers' outlook on the economy. An index over 100 indicates a higher percentage of optimistic consumers vs. those who are pessimistic. Nationally, Consumer Confidence reflects a steady positive outlook, while California's outlook has declined recently due to concerns about the medical care act and the lack of progress on the new tax plan by Congress. 3.500% 3.000% 2.500% 2.000% 1.500% 1.000% 0.500% 0.000% Consumer Price Index CPI -U All Urban Consumers LL 0. g o Z 0 ' ))LL1 2 :5- —U.S City Average —Riverside -Ontario -San Bernardino 51 Page Pi 1111Ni,°G► 2017 Facts at a Glance GENERAL. CITY INFORMATION City Population Altitude Area in Square Miles Parks/Park Acreage Maintained Streets Education Schools Teachers Students (K-12) Number of L.ibraries Notes & Motels/Rooms Public Safety Number of Fire Stations Fire .Department Personnel Number of Police Stations Police Sworn Officers Police Non -Sworn Personnel 111,024 1,000-1,200 Feet 37 ''0/31'' Acres 315 32 1,382 27,700 2 17 / 1842 6 71 3 111 36 CITY GOVERNMENT Type of Government Form of Government .Date of Incorporation Authorized Positions Genera/ Fund Operating Budget Expenditures Per Capita Safety as % of Genera/ Fund Genera/ Fund Reserves (25%) Capital Improvement Program Genera/ L.aw City Manager 12/01/1989 157 $73,733,638 $664 57% $18,''33,''10 $393, 018,297 DEMOGRAPHICS Median Age Average Household Income Number of Registered Voters Median Nome Price (illay'2017) Unemployment Rate (illay'2017) Number of Jobs 34.9 $97,573 52,824 $459,000 3.30% 51,700 For more information regarding the City of Temecula: www•temeculaca•gov 957-694-6444 or 7 -888 -Temecula 61 Page 4 CITY OF TEMECULA COMBINING BALANCE SHEET As ofJune 30, 2017 Assembly Public Business Community Temecula Bill 2766 General Measure S State Gas Development Education & Incubator Development Energy Motor Fund Fund Tax Fund Impact Fund Government Resource Block Grant Efficiency Vehicle Fund Fund Asset Team Subvention Fund ASSETS: Cash and Investments $ 35,390,931 $ - $ - $ 4,327,742 $ 282,907 $ 136,074 $ - $ 197,043 $ 102,174 Receivables 9,152,303 4,489,529 194,158 25,958 28,590 5,628 156,432 654 35,938 Due from Other Funds 328,964 - - - - - - - - Advances to SARDA - - - - - - - - - Deposits 1,325 - - - - - - - - Prepaid- CaIPERS 10,767 - - - - - - - - Inventory 3,058 - - - - - - - - Land Held for Resale - - TOTAL ASSETS $ 44,887,348 $ 4,489,529 $ 194,158 $ 4,353,700 $ 311,497 $ 141,702 $ 156,432 $ 197,698 $ 138,113 LIABILITIES: Due to Other Funds $ - $ 3,881,041 $ 194,158 $ - $ - $ - $ 119,847 $ $ - OtherCurrentLiabilities 8,946,829 372,285 - 17,659 1,588 11,067 36,585 - 1,945 Unearned Revenue 1,757,214 - - - - TOTAL LIABILITIES 10,704,043 4,253,326 194,158 17,659 1,588 11,067 156,432 - 1,945 DEFERRED INFLOWS OF RESOURCES: Unavailable Revenues TOTAL DEFERRED INFLOWS OF RESOURCES FUND BALANCES: 480,484 480,484 Nonspendable: Advances to SARDA - - - - - - - - - Deposits 1,325 - - - - - - - - Inventory 3,058 - - - - - - - - Land Held for Resale - - - - - - - - - Notes and Loans - - - - - - - - - Prepaid Costs 10,767 - - - - - - - - Restricted For. Community Development Projects - - - - - - Capital Projects - - - 4,336,041 309,909 - - - 136,167 Public Education - - - - - - Debt Service - - - - - Business Incubator Project 295,045 236,202 - - - 130,635 - - - Parks and Recreation - - - - - Public Works - - - - - - - 197,698 - Reward - - - - - - - - Committed To: Contractual Obligation - Encumbrances 539,783 - - - - - - - - Economic Uncertainty (20%) 13,177,118 - - - - - - - - Secondary Reserve (5%) 3,294,279 - - - - - - - - Assigned To: Capital Projects 2,330,779 - - - - - - - - Pechanga-funded Police support Unrealized Gains Unassigned (1) 359,259 250,000 13,441,409 TOTAL FUND BALANCES 33,702,821 236,202 - 4,336,041 309,909 130,635 - 197,698 136,167 TOTAL LIABILITIES, DEFERRED INFLOWS OF RESOURCES, and FUND BALANCES NOTE: Balances are unaudited $ 44,887,348 $ 4,489,529 $ 194,158 $ 4,353,700 $ 311,497 $ 141,702 $ 156,432 $ 197,698 $ 138,113 CITY OF TEMECULA COMBINING BALANCE SHEET As ofJune 30, 2017 Supplemental Financing Law Temecula Affordable Measure A Capital Lease Civic Enforcement Major Crimes Housing Project TOTAL Services Reward Fund Fund Fund Fund Center and Fund CRC ASSETS: Cash and Investments S - $ 25,589 $ 703,961 $ 6,271,530 $ 14,928,140 $ $ 62,366,092 Receivables 93,001 73 26,931,122 514,399 34,907 - 41,662,692 Due from Other Funds - - - 5,896,349 - 6,225,313 Advances to SARDA - - 5,250,954 - - - 5,250,954 Deposits - - - - - - 1,325 Prepaid- Ca1PERS - - - - - - 10,767 Inventory - - - - - 3,058 Land Held for Resale 4,400,388 - 4,400,388 TOTAL ASSETS LIABILITIES: Due to Other Funds Other Current Liabilities Unearned Revenue TOTAL LIABILITIES $ 93,001 $ 25,662 $ 37,286,424 $ 6,785,929 $ 20,859,396 $ $ 119,920,589 $ 93,001 $ $ - $ - $ - $ $ 4,288,047 7,352 498,915 2,817,923 - 12,712,149 129,387 - 282,538 - 2,169,138 93,001 - 136,739 498,915 3,100,461 19,169,335 DEFERRED INFLOWS OF RESOURCES: Unavailable Revenues 26,337,881 35,483 574,417 27,428,265 TOTAL DEFERRED INFLOWS OF RESOURCES - - 26,337,881 35,483 574,417 - 27,428,265 FUND BALANCES: Nonspendable: Advances to SARDA - - - - - - - Deposits - - - - - - 1,325 Inventory - - - - - - 3,058 Land Held for Resale - - 4,400,388 - - - 4,400,388 Notes and Loans - - - - - - - Prepaid Costs - - - - - 10,767 Restricted For. Community Development Projects - - 6,411,417 - - 6,411,417 Capital Projects - - 6,287,014 - - 11,069,132 Public Education - - - - - Debt Service - - - - - Business Incubator Project - - - - - - 661,882 Parks and Recreation - - - - - - Public Works - - - - - 197,698 Reward - 25,662 - - - - 25,662 Committed To: Contractual Obligation - Encumbrances - - - - - - 539,783 Economic Uncertainty (20%) - - - - - - 13,177,118 Secondary Reserve (5%) - - - - - - 3,294,279 Assigned To: - Capital Projects - - - - 17,758,934 - 20,089,713 Pechanga-funded Police support - - - - - - 359,259 Unrealized Gains - - - - - - 250,000 Unassigned (1) - - 13,441,409 TOTAL FUND BALANCES - 25,662 10,811,805 6,251,531 17,758,934 - 73,932,889 TOTAL LIABILITIES, DEFERRED INFLOWS OF RESOURCES, and FUND BALANCES $ 93,001 $ 25,662 $ 37,286,424 $ 6,785,929 $ 20,859,396 $ - $ 119,920,589 NOTE: Balances are unaudited CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERAL FUND for the 4th Quarter Ended June 30, 2017 Annual Amended Budget Total Percentage of Activity Budget REVENUES: Sales Tax - State $ 36,391,975 $ 36,096,934 99% Franchise Fees 3,580,143 3,289,408 92% Motor Vehicle In Lieu- State 48,859 48,859 100% Property Tax- Secured/Unsecured 6,775,734 6,861,876 101% Property Tax in Lieu of VLF 7,429,531 7,429,530 100% Property Tax Relief (Homeowner) 80,561 76,459 95% Property Transfer Tax 641,393 689,405 107% Residual RPTTF Distribution 100,000 76,800 77% Transient Occupancy Tax 3,268,105 3,321,698 102% Vehicle Code Fines 546,505 614,202 112% Development Services: Building & Safety 1,423,470 1,515,824 106% Fire 952,147 877,401 92% Land Development 988,490 1,268,042 128% Planning 671,679 676,683 101% Public Works - NPDES 3,606 1,574 44% Park Maintenance 1,905,466 1,923,533 101% Police 428,384 382,670 89% Bids and Proposals 6,800 7,500 110% Business Licenses 300,000 280,028 93% Investment Interest 69,426 0% GASB 31 - Change in Fair Market Value on Investments (252,000) (271,861) 108% Lease Income 13,260 8,461 64% Miscellaneous 20,300 63,459 313% Rental Income 72,624 75,421 104% Right of Way Advertising 23,310 29,070 125% SB1186 Collection State Fee 6,000 5,030 84% Operating Transfers In Intern Fellowship Fund 9,293 9,293 100% Measure S 1,236,114 1,236,114 100% SLESF 217,888 218,076 100% State Gas Tax 2,072,868 2,030,952 98% Reimbursements: CIP 2,166,508 1,627,337 75% Mandated Cost 37,000 34,184 92% Pechanga IGA 451,272 444,353 98% Other 52,500 30,304 58% TOTAL REVENUES $ 71,669,785 $ 71,048,045 99% CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERAL FUND for the 4th Quarter Ended June 30, 2017 Annual Amended Budget Year -to -Date Activity Year -to -Date Encumbrances Activity and Encumbrances Percentage of Budget EXPENDITURES: City Council $ 453,142 $ 383,706 $ 383,706 85% Community Support 89,108 81,508 81,508 91% City Manager 1,405,625 1,335,952 3,156 1,339,108 95% Economic Development 1,008,653 1,002,016 725 1,002,741 99% Emergency Management 136,992 121,884 121,884 89% City Clerk 1,215,270 1,150,767 1,150,767 95% City Attorney 735,726 739,277 739,277 100.5% (1) Finance 2,331,700 2,217,687 28,905 2,246,592 96% Human Resources 777,414 735,177 735,177 95% Planning 2,113,089 1,794,849 112,830 1,907,679 90% Building & Safety 2,494,757 2,254,730 68,500 2,323,230 93% Land Development 1,560,873 1,439,427 15,762 1,455,189 93% Public Works 5,772,581 5,254,933 38,939 5,293,872 92% CIP Administration 2,441,508 1,796,099 197,973 1,994,072 82% Parks Maintenance 3,636,634 3,381,030 303 3,381,333 93% Police 28,829,914 26,644,728 58,264 26,702,992 93% Fire 6,088,325 5,436,554 14,426 5,450,980 90% Animal Control 463,272 462,864 462,864 100% Non Departmental Property Tax Admin 78,293 78,293 - 78,293 100% Recreation Funding 5,154,245 5,154,245 - 5,154,245 100% Separation CAL Time Payout 225,000 - - - 0% PHS/Medline Sales Tax Sharing 453,528 392,956 - 392,956 87% Stipend 250,000 250,000 - 250,000 100% Retiree Medical Contribution 1,554,383 1,554,383 - 1,554,383 100% PERS Replacement Benefit 85,670 82,548 - 82,548 96% 2011 Financing Lease- Civic Center 2,140,222 2,139,975 - 2,139,975 100% TOTAL EXPENDITURES (excluding transfers) 71,495,923 65,885,588 539,783 66,425,371 93% (2) Revenues Over/(Under) Expenditures 173,862 5,162,456 Other Financing Sources/(Uses): Land Acquisition (1,450,000) (1,406,553) Transfers Out (2,255,002) (2,255,002) Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) (3,531,140) 1,500,901 Ending Fund Balance as of 6/30/2017 32,201,920 32,201,920 $ 28,670,780 $ 33,702,821 Notes: (1) The variance in City Attorney is due to more than anticipated legal services during this fiscal year. (2) The variance in Operating Expenditures is primarily due to a large number of vacant positions, lower than anticipated contract rates for Police and Fire Services and reduced CIP Administration due to delays in Capital Projects. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL MEASURE S FUND for the 4th Quarter Ended June 30, 2017 REVENUES: Measure S (Transactions and Use Tax) Investment Interest TOTAL REVENUES Other Financing Sources (Uses): Transfers Out Annual Amended Budget Total Percentage of Activity Budget $ 5,810,000 $ 6,046,646 104% (1) 1,114 670 60% 5,811,114 6,047,316 104% (5,811,114) (5,811,114) 100% Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) - 236,202 Beginning Fund Balance as of 7/01/2016 Ending Fund Balance as of 6/30/2017 Notes: $ $ 236,202 (1) Measure S was adopted during midyear on February 28, 2017. The 1% Transactions and Use Tax became effective April 1, 2017, and are collected quarterly along with Sales Tax. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL STATE GAS TAX FUND for the 4th Quarter Ended June 30, 2017 REVENUES: Section 2103 - 2107 Investment Interest TOTAL REVENUES EXPENDITURES: Operating Expenses TOTAL EXPENDITURES Annual Amended Budget Total Percentage Activity of Budget $ 2,133,868 $ 2,092,123 98% 2,000 1,434 72% (1) 2,135,868 2,093,557 98% 63,000 62,606 63,000 99% 62,606 99% Revenues Over/(Under) Expenditures 2,072,868 2,030,951 Other Financing Sources (Uses): Transfers Out (2,072,868) (2,030,952) 98% Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) - (0) Beginning Fund Balance as of 7/01/2016 Ending Fund Balance as of 6/30/2017 $ (0) Notes: (1) The variance is due to the change in the fair value on investments and fluctuating interest rates. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL DEVELOPMENT IMPACT FEES FUND for the 4th Quarter Ended June 30, 2017 Annual Amended Budget REVENUES: Total Percentage of Activity Budget Open Space $ 127,055 $ 84,484 66% Investment Interest 57,187 0% Quimby 8,835 253,224 2866% Street Improvements 2,306,132 888,081 39% Traffic Signals 326,708 104,047 32% Parks & Recreation 684,432 517,793 76% Corporate Facilities 226,586 121,302 54% Fire Protection 130,659 65,705 50% Library 182,296 137,913 76% Road/Median Improve (In Lieu) 18,840 0% Police 126,800 68,266 54% TOTAL REVENUES 4,119,503 2,316,842 56% (1) Other Financing Sources/(Uses): Transfers Out (12,746,243) (4,804,930) 38% (2) Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2016 Ending Fund Balance as of 6/30/2017 (8,626,740) (2,488,089) 6,824,130 6,824,130 $ (1,802,610) $ 4,336,041 (3) Notes: (1) The variance in Development Impact Fees Fund (DIF) revenues is due to the timing of developers pulling permits, as the DIF fees are paid when permits are granted. (2) Transfers Out for capital project expenditures are made on a reimbursement basis to the CIP fund after expenditures have been incurred. The timing of CIP expenditures has not occurred as anticipated in the budget. (3) The deficit balance in the Budget column is primarily attributed to several Capital Improvement Projects that are included in the current fiscal year budget that will be funded with future DIF revenues. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL PUBLIC EDUCATION & GOVERNMENT FUND for the 4th Quarter Ended June 30, 2017 Annual Amended Budget REVENUES: YTD Total Percentage of Activity Activity Budget PEG Fees Revenues $ 308,368 $ 292,534 292,534 95% Investment Interest 400 1,372 1,372 0% TOTAL REVENUES 308,768 293,906 293,906 95% EXPENDITURES: Operating Expenses 268,400 101,439 101,439 38% TOTAL EXPENDITURES 268,400 101,439 101,439 38% Revenues Over/(Under) Expenditures 40,368 192,467 Beginning Fund Balance as of 7/01/2016 117,442 117,442 Ending Fund Balance as of 6/30/2017 $ 157,810 $ 309,909 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL BUSINESS INCUBATOR RESOURCE for the 4th Quarter Ended June 30, 2017 Annual Amended Budget YTD Total Percentage Activity Activity of Budget REVENUES: Rental Income $ 24,745 $ 26,223 $ 26,223 106% Reimbursements 5,000 - - 0% Investment Interest 200 546 546 273% (1) Transfer In 295,045 295,045 295,045 100% VVRCOG Beyond Framework Fund Prgm - 5,519 5,519 0% TOTAL REVENUES 324,990 327,333 327,333 101% EXPENDITURES: Operating Expenditures 346,534 241,296 241,296 70% TOTAL EXPENDITURES 346,534 241,296 241,296 70% Revenues Over/(Under) Expenditures (21,544) 86,037 Beginning Fund Balance as of 7/01/2016 44,598 44,598 Ending Fund Balance as of 6/30/2017 $ 23,054 $ 130,635 Notes: (1) The variance is due to the change in the fair value on investments and fluctuating interest rates. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL COMMUNITY DEVELOPMENT BLOCK GRANT for the 4th Quarter Ended June 30, 2017 REVENUES: Grant Revenue TOTAL REVENUES EXPENDITURES: Salaries and Wages Other Outside Services TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Other Financing Sources/(Uses): Transfers Out Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2016 Ending Fund Balance as of 6/30/2017 Annual Amended Budget YTD Activity Encumbrances Total Activity Percentage of Budget $ 1,268,890 $ 433,026 $ $ 433,026 34% (1) 1,268,890 433,026 433,026 34% 125,903 103,137 103,137 82% 158,610 108,816 46,880 155,697 98% 284,514 211,953 46,880 258,834 74% 984,376 221,073 (984,376) (221,073) Notes: (1) CDBG Revenue is booked on a reimbursement basis as eligible expenditures occur. The construction project Sam Hicks Monument Playground Replacement and Old Town Sidewalks Improvement Project budgeted with CDBG Fund have been reprogrammed to Fiscal Year 2017-18. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL TEMECULA ENERGY EFFICIENCY ASSET MANAGEMENT TEAM for the 4th Quarter Ended June 30, 2017 REVENUES: Investment Interest Reimbursements Annual Amended Budget Total Percentage of Activity Budget $ 1,300 $ 1,812 139% (1) 4,471 TOTAL REVENUES 1,300 Other Financing Sources/(Uses): Transfers Out Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2016 Ending Fund Balance as of 6/30/2017 6,282 483% (40,000) (40,000) (38,700) (33,718) 231,416 231,416 $ 192,716 $ 197,698 Notes: (1) The variance is due to the change in the fair value on investments and fluctuating interest rates. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL ASSEMBLY BILL 2766 MOTOR VEHICLE SUBVENTION for the 4th Quarter Ended June 30, 2017 REVENUES: AB 2766 Investment Interest TOTAL REVENUES EXPENDITURES: Other Outside Services TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Other Financing Sources/(Uses): Transfers Out Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2016 Ending Fund Balance as of 6/30/2017 Annual Amended Budget Total Percentage of Activity Budget $ 135,719 $ 139,274 103% 3,000 1,291 43% (1) 138,719 140,566 101% 40,390 29,455 73% (2) 40,390 29,455 73% 98,329 111,111 (232,112) (232,112) (133,783) (121,001) 257,168 257,168 $ 123,385 $ 136,167 Notes: (1) The variance is due to the change in the fair value on investments and fluctuating interest rates. (2) The variance is due to less activity than expected during this fiscal year. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) for the 4th Quarter Ended June 30, 2017 Annual Amended Budget Total Percentage of Activity Budget REVENUES: AB 3229 - COPS $ 217,888 $ 217,888 100% Investment Interest 187 0% TOTAL REVENUES 217,888 218,076 100% Other Financing Sources (Uses): Transfers Out (217,888) Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2016 Ending Fund Balance as of 6/30/2017 (218,076) 100.09% (1) Notes: (1) The variance is due to more SLESF funding received than anticipated. An increase in appropriation is included in this 4th quarter financial reporting. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL TEMECULA MAJOR CRIMES REWARD FUND for the 4th Quarter Ended June 30, 2017 Annual Amended Budget Total Percentage of Activity Budget REVENUES: Investment Interest $ 100 $ 199 199% TOTAL REVENUES 100 199 199% EXPENDITURES: Other Outside Services - - 0% TOTAL EXPENDITURES - - 0% Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) 100 199 Beginning Fund Balance as of 7/01/2016 25,463 25,463 Ending Fund Balance as of 6/30/2017 Notes: $ 25,563 $ 25,662 (1) (1) A resolution of the City Council of the City of Temecula establishing the Temecula Major Crimes Reward Fund and Amending Resolution NOS.13-25 and 15-37. Resolution 13-25 A Resolution of the City Council of the City of Temecula providing for the establishment and distribution of a reward to the persons who furnish information leading to the arrest and conviction of the person or persons who caused the death of Larry Robinson on March 22, 2013. The Larry Robinson Murder Reward Fund was merged into the Temecula Major Crimes Reward Fund Resolution 15-37. The Justin Triplett Reward Fund was also merged into the Temecula Major Crime Reward Fund. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL AFFORDABLE HOUSING FUND for the 4th Quarter Ended June 30, 2017 Annual YTD Total Percentage Amended Activity Encumbrances Activity of Budget Budget REVENUES: Contributions to Agency Trust $ 250,000 $ 250,000 $ - $ 250,000 100% Forgivable Loan Repayment 37,438 48,550 48,550 130% Investment Interest 400 4,700 4,700 1175% Loan Interest 2,531 2,701 2,701 107% Reimbursements/Miscellaneous - 237 237 0% Rental Income 190,000 111,528 111,528 59% (1) Residual Receipt Payment 39,352 0% TOTAL REVENUES EXPENDITURES: OPERATING EXPENDITURES: Salaries & Benefits Operating and Administrative Expenditures TOTAL EXPENDITURES Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2016 519,721 417,716 165,877 168,787 417,716 80% 168,787 102% 211,411 78,667 51,674 130,341 377,288 247,918 51,674 299,128 142,433 169,798 10, 642, 007 10, 642, 007 Ending Fund Balance as of 6/30/2017 $ 10,784,440 $ 10,811,805 Notes: (1) Rental income is based on net cash flows per agreement with Temecula Gardens for Missions Village Apartments. 62% 79% CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL MEASURE A FUND for the 4th Quarter Ended June 30, 2017 Annual Amended Budget Total Activity Encumbrances Total Percentage Activity of Budget REVENUES: Investment Interest $ 30,000 $ 43,170 $ $ 43,170 144% Reimbursements - - - 0% Measure "A" 2,867,276 2,890,482 2,890,482 101% TOTAL REVENUES 2,897,276 2,933,652 2,933,652 101% EXPENDITURES: Street Maintenance 1,820,240 899,828 244,016 1,143,845 63% (1) TOTAL EXPENDITURES 1,820,240 899,828 244,016 1,143,845 63% Revenues Over/(Under) Expenditures Other Financing Sources/(Uses): Transfers Out Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2016 Ending Fund Balance as of 6/30/2017 1,077,036 2,033,824 (5,986,539) (910,000) (4,909,503) 5,127,707 1,123, 824 5,127,707 $ 218,204 $ 6,251,531 Notes: (1) The variance is due to less than anticipated Routine Street Maintenance activities during this fiscal year. The remaining unspent budget will be reprogrammed to Fiscal Year 2017-18. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT PROJECTS FUND for the 4th Quarter Ended June 30, 2017 Annual Account Year -to -Date Percentage Amended Encumbrances Total Activity Number Budget Activity of Budget REVENUE: Operating Transfers In $ 34,535,621 $ 8,323,664 $ 8,323,664 24% Operating Transfers In -Measure S $ 4,350,000 $ 4,350,000 $ 4,350,000 100% Grants 20,187,417 858,226 858,226 4% Reimbursements / TUMF 21,146,492 1,085,021 1,085,021 5% Pechanga Intergovernmental Agreement - - - 0% Investment Interest - 96,025 96,025 0% TOTAL REVENUE 80,219,530 14,712,936 - 14,712,936 18% (1) EXPENDITURES: Pechanga Parkway Environmental Mitigation 165-516 164,222 37,492 53,855 91,347 56% Emergency Vehicle Preemtion Upgrade 165-522 196,455 196,455 - 196,455 100% Pechanga Parkway Widening 165-530 4,886,204 390,675 46,624 437,299 9% Ynez Road Improvements 165-535 419,451 - - 0% Fiber Optic Communication System 165-550 1,321,200 - - 0% Sixth Street Sidewalk Improvements 165-555 92,557 8,784 22,698 31,482 34% Murrieta Creek Bridge / Overland Drive Extension to Diaz Road 165-602 2,568,042 386,174 139,204 525,378 20% Abbott Corporation Roadway Improvements 165-620 750,000 - - 0% Medians and Parkway Citywide 165-622 122,906 122,906 - 122,906 100% Murrieta Crek Bridge @ Overland 165-648 900,000 1,116 - 1,116 0% Pavement Rehabilitation Program - Winchester Road 165-650 1,515,481 3,703 - 3,703 0% Pavement Rehabilitation Program - Citywide 165-655 7,578,658 1,429,698 4,737,850 6,167,548 81% Western Bypass Bridge Over Murrieta Creek 165-660 64,394 3,156 - 3,156 5% Interstate -15 / State Route 79 South Ultimate Interchange 165-662 32,525,839 1,221,399 28,493,910 29,715,308 91% Flashing Beacons & Speed Advisory Signs 165-670 9,271 4,970 - 4,970 54% Traffic Signal Equipment Replacement Program -Citywide 165-680 66,422 52,468 11,803 64,270 97% Traffic Signal Installation -Citywide 165-682 535,677 183,035 3,707 186,743 35% Old Town Street Light Conversion LED 165-695 40,000 20,554 13,200 33,754 84% City Facilities Rehabilitation 165-701 291,632 192,398 92,671 285,069 98% Bike Lane and Trail Program 165-703 454,863 30,711 - 30,711 7% CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT PROJECTS FUND (continued) for the 4th Quarter Ended June 30, 2017 Annual Account Year -to -Date Percentage Number Amended Activity Encumbrances Total Activity of Budget Budget EXPENDITURES - cont'd: Medians & Ornamental Pedestrian Barriers- Citywide 165-704 10,100 - - 0% Sidewalks -Citywide 165-708 240,563 127,835 6,446 134,281 56% Citywide Surveillance Cameras 165-711 804,000 111,107 59,951 171,058 21% Consolidate Update Evaluation Disable 165-713 400,000 175,175 254,329 429,504 107% Citywide Storm Drain Improvements 165-715 20,528 2,886 - 2,886 14% French Valley Pkwy/I-15 Over -Crossing and Improvements- Phase I 165-719 185,362 38,738 52,816 91,553 49% Butterfield Stage Road Extension 165-723 12,632,239 213,879 39,989 253,868 2% French Valley Pkwy/I-15 Over -Crossing and Improvements- Phase II 165-726 7,083,400 617,851 3,787,406 4,405,257 62% Murrieta Creek Improvements 165-735 266,842 4,715 20,695 25,410 10% Santa Gertrudis Creek Pedestrian Bicycle Trail Extension Interconnect 165-739 147,634 - - 0.0% Main Street Bridge Over Murrieta Creek Replacement 165-743 634,390 413,326 - 413,326 65% Temecula Park and Ride 165-747 1,860,963 659,573 1,035,770 1,695,344 91% Fire Station Roripaugh- Phase II 165-753 11,337 - - 0% Fire Station 73 Living Quarters Upgrade 165-757 43,432 - 302 302 1% YMCA Repair and Remediation 165-759 8,063 1,236 - 1,236 15% Developer Reimbursements 165-763 1,567,164 882,742 - 882,742 56% EOC Emergency Operations Center Improvements 165-765 77,321 39,975 5,024 44,998 58% Old Town Sidewalks 165-766 635,096 132,301 351,406 483,707 76% Citywide Concrete Repairs 165-770 300,000 153,740 118,884 272,624 91% Ronald H Roberts Public Library 165-773 250,000 80,082 169,744 249,826 100% CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT PROJECTS FUND (continued) for the 4th Quarter Ended June 30, 2017 Annual Account Year -to -Date Percentage Number Amended Activity Encumbrances Total Activity of Budget Budget EXPENDITURES - cont'd: Patricia Birdsall Synthetic Turf Replacement 190-119 1,000,000 23,369 923,126 946,495 95% Playground Equipment Enhancement and Safety Surfacing 190-120 1,088,671 22,875 22,875 2% Teen Center 190-122 362 - - 0% Children's Museum Enhancement 190-125 68,910 - - 0% Flood Control Channel Reconstruction 190-127 297,761 20,431 87,894 108,325 36% Parks Improvement Program 190-130 234,356 91,577 68,796 160,373 68% Sam Hicks Monument Park Playground Enhancement 190-132 637,579 90,500 165,568 256,068 40% Library Parking- Phase II 190-153 2,286,809 38,597 66,409 105,006 5% Public Restroom Renovations 190-155 150,000 34,294 34,294 23% Ronald Reagan Sports Park Channel Silt Removal and Desilting Pond 190-187 36,683 2,178 34,505 36,683 100% TOTAL EXPENDITURES 87,482,838 8,264,674 40,864,581 49,129,254 56% (1) Revenues Over/(Under) Expenditures (7,263,308) 6,448,262 Other Financing Sources/(Uses): (14,582) (14,582) Transfers Out Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) (7,277,890) 6,433,680 Beginning Fund Balance as of 7/01/2016 11,325,254 11,325,254 Ending Fund Balance as of 6/30/2017 $ 4,047,364 $ 17,758,934 Notes: (1) The variance is primarily due to the timing of project expenditures and revenues differing from that anticipated in the budget. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL 2011 FINANCING LEASE CIVIC CENTER AND CRC for the 4th Quarter Ended June 30, 2017 Annual Amended Budget Total Percentage of Activity Budget REVENUES: 2011 Financing Lease Revenues $ 2,140,222 $ 2,139,975 100% TOTAL REVENUES 2,140,222 2,139,975 100% EXPENDITURES: Debt Service Principal Debt Service Interest 1,343,000 1,343,000 100% 797,222 796,975 100% TOTAL EXPENDITURES 2,140,222 Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01/2016 Ending Fund Balance as of 6/30/2017 2,139, 975 100% CITY OF TEMECULA COMBINING STATEMENT OF NET POSITION INTERNAL SERVICE FUNDS for the 4th Quarter Ended June 30, 2017 Insurance Workers' Vehicles and Information Technology Support Facilities Compensation Equipment Technology Replacement Fund Services Fund Fund Fund Fund Fund Fund ASSETS: TOTAL Cash and Investments $ 674,881 $ 929,385 $ 1,600,719 $ 710,027 $ 515,795 $ 472,300 $ 600,371 $ 5,503,478 Receivables 2,148 2,163 5,403 4,603 1,242 2,121 8,713 26,392 Prepaid Assets 0 - - 0 Property, Plant, and Equipment (net of accumulated depreciation) - 324,635 601,216 761,431 66,470 1,753,751 TOTAL ASSETS LIABILITIES AND NET POSITION LIABILITIES: Current Liabilities Capital Leases Payable TOTAL LIABILITIES NET POSITION: TOTAL NET POSITION 677,029 931,548 371,833 1,930,757 1,315,845 1,050 - 475,658 601,216 371,833 1,050 1,278,467 540,891 609,084 7,283,621 31,587 42,177 111,632 991,761 643,392 1,076,874 - 73,764 111,632 1,635,153 $ 305,196 $ 930,498 $ 1,930,757 $ 238,971 $ 1,278,467 $ 467,127 $ 497,452 $ 5,648,469 NOTE: Balances are unaudited CITY OF TEMECULA COMBINING STATEMENT OF REVENUES, EXPENSES, and CHANGES IN NET POSITION INTERNAL SERVICE FUNDS for the 4th Quarter Ended June 30, 2017 Insurance Workers' Vehicles and Information Technology Support Facilities Compensation Equipment Technology Replacement Fund Services Fund Fund Fund Fund Fund Fund TOTAL REVENUES: Investment Interest $ 2,435 $ 4,676 $ 12,071 $ 1,343 $ 3,779 $ 3,356 $ 3,446 $ 31,107 Transfer In - - 19,651 - 19,651 Transfer In -Measure S - - 200,000 25,000 - 225,000 Charges for Services 894,113 635,533 91,916 2,371,989 238,857 352,771 1,282,403 5,867,581 TOTAL REVENUES 896,548 640,209 103,987 2,573,332 287,287 356,127 1,285,849 6,143,339 EXPENSES: Salaries and Wages 105,695 1,337,846 188,462 543,707 2,175,711 Operating Expenses 789,207 129,981 1,034,706 113,388 739,484 2,806,766 Interest - - - 8,055 8,055 Depreciation 92,891 236,771 40,028 369,690 TOTAL EXPENSES 894,902 129,981 92,891 2,372,552 236,771 349,933 1,283,191 5,360,222 Revenues Over/(Under) Expenses 1,646 510,229 11,095 200,780 50,516 6,193 2,658 783,117 Net Position as of 7/01/2016 303,550 420,269 1,919,662 38,191 1,227,951 460,934 494,794 4,865,351 Net Position as of 6/30/2017 $ 305,196 $ 930,498 $ 1,930,757 $ 238,971 $ 1,278,467 $ 467,127 $ 497,452 $ 5,648,469 CITY OF TEMECULA STATEMENT OF NET POSITION - Fiduciary Fund CALIFORNIA EMPLOYEE RETIREE BENEFIT TRUST (CERBT) FUND for the 4th Quarter Ended June 30, 2017 CERBT FUND ASSETS: Cash and Investments TOTAL ASSETS LIABILITIES: Accounts Payable TOTAL LIABILITIES $ 7,225,881 7,225,881 NET POSITION: 7,225,881 Held in Trust for Retiree Benefits 7,225,881 TOTAL NET POSITION $ 7,225,881 NOTE: Balances are unaudited CITY OF TEMECULA STATEMENT OF CHANGES IN FIDUCIARY NET POSITION - Fiduciary Fund CALIFORNIA EMPLOYEE RETIREE BENEFIT TRUST FUND for the 4th Quarter Ended June 30, 2017 CERBT FUND ADDITIONS CONTRIBUTIONS: Employer $ 1,554,383 Investment Earnings 591,915 TOTAL CONTRIBUTIONS 2,146,298 DEDUCTIONS: Benefits 606,561 TOTAL DEDUCTIONS TOTAL ADDITIONS Net Position as of 7/1/2016 Net Position as of 6/30/2017 606,561 5,686,144 $ 7,225,881 Item No. 5 Approvals City Attorney Director of Finance City Manager ralA CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: October 24, 2017 SUBJECT: Approve Revised Exhibit "A" to Cooperative Agreement with County of Riverside to Provide Fire Protection, Fire Prevention, Rescue and Medical Emergency Services to Add Staffing for Roripaugh Fire Station No. 95 and Citywide Inspection Program PREPARED BY: Jennifer Hennessy, Director of Finance RECOMMENDATION: That the City Council: 1. Approve Revised Exhibit "A" to the Cooperative Agreement with the County of Riverside to provide Fire Protection, Fire Prevention, Rescue and Medical Emergency Services for the City of Temecula; 2. Designate the City Manager as "Contract Administrator," in accordance with Section E. of the Cooperative Agreement to provide Fire Protection, Fire Prevention, Rescue and Medical Emergency Services for the City of Temecula. BACKGROUND: Since the City of Temecula's incorporation, Fire/EMS services have been provided through a Cooperative Fire Service Agreement to provide fire protection, fire prevention, rescue and medical aid with the County of Riverside. The current Cooperative Agreement expires June 30, 2018. At its meeting on June 13, 2017, the Council approved the Fiscal Year 2017-18 Fire Department Operating Budget, which included the necessary funding to hire adequate fire personnel in order to implement a Citywide Inspection Program and open Roripaugh Fire Station No. 95 in January 2018. With the opening and operations of the Roripaugh Station, the City of Temecula will continue its practice of supporting the four -persons - per -engine staffing model, which is consistent practice with all current stations within the City. The revised Exhibit "A" to the Cooperative Agreement (attached) reflects a new Fire Systems Inspector position, the additional positions for Roripaugh Station No. 95, as well as updated pay rates for all positions and support service costs. Below are the positions anticipated for Roripaugh Station No. 95, which are expected to be filled prior to January 1, 2018: • 2 Fire Captains • 1 Fire Apparatus Engineer • 1 Fire Apparatus Engineer — Medic • 2 Fire Fighter IIs • 2 Fire Fighter II — Medics The operation and service of this fire station is made possible by the successful passage of Measure S in November 2016, and the commitment made to enhance public safety. Section E. of the Cooperative Agreement states that the City shall designate a "Contract Administrator," who shall, under the supervision and direction of the City, be authorized to execute amendments to Exhibit A on behalf of the City. Staff recommends the Council designate the City Manager as Contact Administrator. FISCAL IMPACT: Per the revised Exhibit "A," the additional Fire Personnel necessary to open Station No. 95 in January 2018 is estimated at $769,272. The addition of a Fire Systems Inspector position is estimated at $124,995. Adequate funds have been included in the Fiscal Year 2017-18 Fire Department Operating Budget. ATTACHMENTS: 1. Revised Exhibit "A" to the Cooperative Agreement to Provide Fire Protection, Fire Prevention, Rescue and Medical Emergency Services for the City of Temecula. 2. Executed Cooperative Agreement to Provide Fire Protection, Fire Prevention, Rescue and Medical Emergency Services for the City of Temecula, dated May 24, 2016. EXHIBIT "A" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF TEMECULA ESTIMATE DATED AUGUST 2, 2017 FOR FY 2017/ 2018 Add One (1) Fire Systems Inspector per City of Temecula letter dated July 20, 2017 Staff and open Stn #95 per City of Temecula letter dated July 20, 2017 CAPTAIN'S ENGINEER FF II CAPTAIN'S MEDICS ENGINEER'S MEDICS FF II'S MEDICS STA #12 Medic Engine 434,209 2 STA #73 TOTALS 379,153 2 0 0 331,555 2 371,447 2 1,516,364 8 Medic Engine 434,209 2 189,576 1 211,755 1 331,555 2 371,447 2 1,538,543 8 (Truck Co.) 651,314 3 568,729 3 497,333 3 557,171 3 2,274,546 12 STA #84 Medic Engine 434,209 2 241,659 1 379,153 2 331,555 2 371,447 2 1,758,023 9 STA #92 Medic Engine 434,209 2 STA #95 (Jan -Jun) Medic Engine 434,209 2 Fixed Relief 217,105 1 Vac. Relief - Engine 217,105 1 SUBTOTALS 3,256,570 189,576 1 211,755 1 331,555 2 371,447 2 1,538,543 8 189,576 1 211,755 1 331,555 2 371,447 2 769,272 8 211,755 1 165,778 1 185,724 1 780,361 4 189,576 1 423,510 2 331,555 2 185,724 1 1,347,470 7 241,659 2,085,339 1,270,531 2,652,443 2,785,853 11,523,123 11 6 16 15 64 SUBTOTAL STAFF 15 1 BATTALION CHIEF FIRE SAFETY SUPERVISOR (PCN 110077) FIRE SAFETY SPECIALIST (PCN 6966 & PCN 12355! FIRE SYSTEMS INSPECTOR (PCN 123830) SUBTOTAL ESTIMATED SUPPORT SERVICES Administrative/Operational Volunteer Program Medic Program Fleet Support ECC Support Comm/IT Support Hazmat Support SUPPORT SERVICES SUBTOTAL ESTIMATED DIRECT CHARGES FIRE ENGINE USE AGREEMENT TOTAL STAFF COUNT TOTAL ESTIMATED CITY BUDGET * TEMECULA ESTIMATED FIRE TAX CREDIT NET ESTIMATED CITY BUDGET STAFFING TOTALS JUL-DEC 56 STAFFING TOTALS JAN -JUNE 64 260,365 each 153,798 each 146,296 each 124,995 each 20,567 per assigned Staff ** 6,809 Per Entity Allocation Medic FTE/Defib Basis 56,599 per Fire Suppression Equip CaIIs/Station Basis CaIIs/Station Basis 25,331 each engine * STRUCTURAL FIRE TAXES 7,061,112 ESTIMATED REDEVELOPMENT PASS THRU 868,514 TOTAL TAX FUNDING 7,929,626 SUPPORT SERVICES Administrative & Operational Services Finance Training Data Processing Accounting Personnel Procurement Emergency Services Fire Fighting Equip. Office Supplies/Equip. Exhibit "A" for FY 17/18 The City of Temecula Page 1 of 2 60.00 0.0 60.00 Assigned Staff Battalion Chief Support Total Assigned Staff 260,365 153,798 292,593 124,995 $831,751 1,234,020 6,809 180,370 282,995 285,267 557,571 30,081 1 1 2 1 69 60 1 22 5 2,577,112 82,870 151,986 6 69 $15,166,842 (7,929,626) 7,237,216 4.0 Fire Stations 8,571 Number of Calls 22 Assigned Medic FTE 6 Monitors/Defibs 4.0 Hazmat Stations 42 Number of Hazmat CaIIE Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/ Defibrillator replacement cycle. Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support - Dispatch services costs Communications / IT Support - Support staff, communications, radio maintenance, computE support functions Hazmat Program - Support staff, operating costs, and vehicle replacement FY 17/18 POSITION SALARIES TOP STEP 317,349 313,070 260,365 217,105 241,659 189,576 211,755 165,778 185,724 153,798 146,296 124,995 74,136 86,787 120,717 165,934 DEPUTY CHIEF DIV CHIEF BAT CHIEF CAPT CAPT MEDIC ENG ENG/MEDIC FF II FF II/MEDIC FIRE SAFETY SUPERVISOR FIRE SAFETY SPECIALIST FIRE SYSTEMS INSPECTOR OFFICE ASSISTANT III SECRETARY I EMERGENCY SVC COORDINATOR DEPUTY FIRE MARSHAL FY 17/18 DIRECT BILL ACCOUNT CODES 520230 Cellular Phone 520300 Pager Service 520320 Telephone Service 520800 Household Expense 520805 Appliances 520830 Laundry Services 520840 Household Furnishings 520845 Trash 521380 Maint-Copier Machines 521440 Maint-Kitchen Equipment 521540 Maint-Office Equipment 521660 Maint-Telephone 521680 Maint-Underground Tanks 522310 Maint-Building and Improvement 522340 Station Budgeted Maint-Building and Improvement 522360 Maint-Extermination 522380 Maint-Critical Systems 522410 Maint-Health & Safety 522860 Medical Supplies 522890 Pharmaceuticals 523220 Licenses And Permits 523680 Office Equip Non Fixed Assets 526700 Rent -Lease Building 529500 Electricity 529510 Heating Fuel 529550 Water 537240 Interfnd Exp -Utilities 542060 Capital Improvements Facilities 25,331 FIRE ENGINE 20,567 SRVDEL 6,809 VOL DEL 7,558 MEDIC FTE 2,349 MEDIC MONITORS/DEFIBS REPLACEMENT 70,211 BATT DEL 15,241 ECC STATION 26.17 ECC CALLS 56,599 FLEET SUPPORT 29,791 COMM/IT STATION 51.15 COMM/IT CALLS 1,206 FACILITY STATION 318.63 FACILITY FTE 1,757 HAZMAT STATION 504.94 HAZMAT CALLS 1,845 HAZMAT VEHICLE REPLACEMENT Exhibit "A" for FY 17/18 The City of Temecula Page 2 of 2 EXHIBIT A SIGNATURE PAGE Dated: CITY OF TEMECULA By: Aaron Adams Title: City Manager Dated: CAL FIRE & RIVERSIDE COUNTY FIRE DEPT. By: John R. Hawkins Title: Unit & Fire Chief 210 w. San Jacinto Avenue Perris, CA 92570-1915 (951) 940-6910 A COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF TEMECULA THIS AGREEMENT, made and entered into this ei day of /'"fi(-' 2016, by and between the County of Riverside, a political subdivision of the State of Califomia, on behalf of the Fire Department, (hereinafter referred to as "COUNTY") and the City of Temecula a duly created city, (hereinafter referred to as "CITY"), whereby it is agreed as follows: SECTION I: PURPOSE The purpose of this Agreement is to arrange for COUNTY, through its Cooperative Fire Programs Fire Protection Reimbursement Agreement ("CAL FIRE Agreement") with the California Department of Forestry and Fire Protection ("CAL FIRE) to provide CITY with fire protection, disaster preparedness and response, fire prevention, rescue, hazardous materials mitigation, technical rescue response, medical emergency services, and public service assists (hereinafter called "Fire Services"). This Agreement is entered into pursuant to the authority granted by Government Code Sections §55600 et seq., and will provide a unified, cooperative, integrated, and effective fire services system. COUNTY's ability to perform under this Agreement is subject to the terms and conditions of the CAL FIRE Agreement. SECTION II: DESIGNATION OF FIRE CHIEF A. The County Fire Chief appointed by the Board of Supervisors, or his designee, (hereinafter referred to as "Chief") shall represent COUNTY and CITY during the period of this Agreement and Chief shall, under the supervision and direction of the County Board of Supervisors, have charge of the organization described in Exhibit "A", attached hereto and made a part hereof, for the purpose of providing Fire Services as deemed necessary to satisfy the needs of both the COUNTY and CITY, except upon those lands wherein other agencies of government have responsibility for the same or similar Fire Services. B. The COUNTY will assign an existing Chief Officer as the Fire Department Liaison ("Fire Liaison"). The Chief may delegate certain authority to the Fire Liaison, as the Chiefs duly authorized designee and the Fire Liaison shall be responsible for directing the Fire Services provided to CITY as set forth in Exhibit "A". C. COUNTY will be allowed flexibility in the assignment of available personnel and equipment in order to provide the Fire Services as agreed upon herein. Cooperative Fire Agreement City of Temecula July 1, 2016 to June 30, 2018 1 of 9 JUN 21 2016 3'4-4 SECTION III: PAYMENT FOR SERVICES A. CITY shall annually appropriate a fiscal year budget to support the Fire Services designated at a level of service mutually agreed upon by both parties and as set forth in Exhibit "A" for the term of this Agreement. This Exhibit may be amended in writing by mutual agreement by both parties or when a CITY requested increase or reduction in services is approved by COUNTY. B. COUNTY provides fire personnel, equipment and services through its CAL FIRE Agreement. In the event CITY desires an increase or decrease in CAL FIRE or COUNTY civil service employees or services assigned to CITY as provided for in Exhibit "A," CITY shall provide one hundred twenty (120) days written notice of the proposed, requested increase or decrease. Proper notification shall include the following: (1) The total amount of increase or decrease; (2) The effective date of the increase or decrease; and (3) The number of employees, by classification, affected by the proposed increase or decrease. If such notice is not provided, CITY shall reimburse COUNTY for relocation costs incurred by COUNTY because of the increase or decrease, in addition to any other remedies available resulting from the increase or decrease in services. COUNTY is under no obligation to approve any requested increase or decrease, and it is expressly understood by the parties that in no event will COUNTY authorize or approve CITY's request to reduce services below the COUNTY Board of Supervisors approved staffing level for any fire station, or to reduce services to the extent that the services provided under this Agreement are borne by other jurisdictions. COUNTY shall render a written decision on whether to allow or deny the increase or decrease within thirty (30) _days of the notice provided pursuant to this section. C. CITY shall pay COUNTY actual costs for Fire Services pursuant to this Agreement. COUNTY shall make a claim to CITY for the actual cost of contracted services, pursuant to Exhibit "A," on a quarterly basis. The COUNTY is mandated per Government Code Section §51350 for full cost recovery. CITY shall pay each claim, in full, within thirty (30) days after receipt thereof. D. Any changes to the salaries or expenses set forth in Exhibit "A" made necessary by action of the Legislature, CAL FIRE, or any other public agency with authority to direct changes in the level of salaries or expenses, shall be paid from the funds represented as set forth in Exhibit "A." The CITY is obligated to expend or appropriate any sum in excess of Exhibit "A" increased by action of the Legislature, CAL FIRE, or any other public agency with authority to direct changes. If within thirty (30) days after notice, in writing, from COUNTY to CITY that the actual cost of maintaining the services specified in Exhibit "A" as a result of action by the Legislature, CAL -FIRE, or other public agency will exceed the total amount specified therein, and CITY has not agreed to make available the necessary . additional funds, COUNTY shall have the right to unilaterally reduce the services furnished under this Agreement by an appropriate amount and shall promptly notify CITY, in writing, specifying the services to be reduced. 'Any COUNTY or CAL -FIRE personnel reduction resulting solely due to an increase in employee salaries or expenses Cooperative Fire Agreement City of Temecula July 1, 2016 to June 30, 2018 2 of 9 occurring after signing this Agreement and set forth in Exhibit "A" that CITY does not agree to fund, as described above, shall not be subject to relocation expense reimbursement by CITY. If CITY desires to add funds to the total included herein to cover the cost of increased salaries or services necessitated by actions described in this paragraph, such increase shall be accomplished by an additional appropriation by the City Council of CITY, and an amendment to Exhibit "A" approved by the parties hereto. E. Chief may be authorized to negotiate and execute any amendments to Exhibit "A" of this Agreement on behalf of COUNTY as authorized by the Board of Supervisors. CITY shall designate a "Contract Administrator" who shall, under the supervision and direction of CITY, be authorized to execute amendments to Exhibit "A" on behalf of CITY. F. [ ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit "B" are incorporated herein and shall additionally apply to this agreement regarding payment of services. G. [x] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit "C" are incorporated herein and shall additionally apply to this agreement regarding payment for the Fire Engine Use Agreement. H. Notwithstanding Paragraph F herein if applicable, additional terms as set forth are incorporated herein and shall additionally apply to this agreement regarding payment of services. In the event that a fire engine, owned and maintained by the CITY has a catastrophic failure, the COUNTY Fire Chief may allow use of a COUNTY fire engine, free of charge up to one hundred twenty (120) days. After the initial one hundred twenty (120) days, a rental fee will be applied to the CITY invoice for use of said COUNTY fire engine. The rental fee shall be Nine Hundred Forty Four Dollars ($944.00) per day; or Six Thousand Six Hundred Eight Dollars ($6,608.00) per week. SECTION IV: INITIAL TERM AND AMENDMENT A. The term of this Agreement shall be from July 1, 2016, to June 30, 2018. B. One (1) year prior to_the date of expiration of this Agreement, CITY shall give COUNTY written notice of whether CITY intends to enter into a new Agreement with COUNTY for Fire Services and, if so, whether CITY intends to request a change in the level of Fire Services provided under this Agreement. C. If CITY and COUNTY are actively negotiating the terms to a new agreement, the parties may enter into an amendment of this agreement to extend the term up to an additional one year period. During this extended term, the level of service will remain as set forth in this Agreement. Cooperative Fire Agreement . City of Temecula July 1, 2016 to June 30, 2018 3 of 9 SECTION V: TERMINATION During the terms of this Agreement, this Agreement may only be terminated by the voters of either the COUNTY or the CITY pursuant to Government Code §55603.5. SECTION VI: COOPERATIVE OPERATIONS All Fire Services contemplated under this Agreement shall be performed by both parties to this Agreement working as one unit; therefore, personnel and/or equipment belonging to either CITY or COUNTY may be temporarily dispatched elsewhere from time to time for mutual aid. SECTION VII: MUTUAL AID Pursuant to Health and Safety Code Sections 13050 et seq., when rendering mutual aid or assistance, COUNTY may, at the request of CITY, demand payment of charges and seek reimbursement of CITY costs for personnel, equipment use, and operating expenses as funded herein, under authority given by Health and Safety Code Sections 13051 and 13054. COUNTY, in seeking said reimbursement pursuant to such request of CITY, shall represent the CITY by following the procedures set forth in Health and Safety Code Section 13052. Any recovery of CITY costs, Tess actual expenses, shall be paid or credited to the CITY, as directed by CITY. In all such instances, COUNTY shall give timely notice of the possible application of Health and Safety Code Sections 13051 and 3054 to the officer designated by CITY. SECTION VIII: SUPPRESSION COST RECOVERY As provided in Health and Safety Code Section 13009, COUNTY may bring an action for collection of suppression costs of any fire caused'by negligence, violation of law, or failure to correct noticed fire safety violations. When using CITY equipment and personnel under the terms of this Agreement, COUNTY may, on request of CITY, bring such an action for collection of costs incurred by CITY. In such a case CITY appoints and designates COUNTY as its agent in said collection proceedings. In the event of recovery, COUNTY shall apportion to CITY its pro -rata proportion of recovery, Tess the reasonable pro -rata costs including legal fees. in all such instances, COUNTY shall give timely notice of the possible application of Health and Safety Code Section 13009 to the officer designated by CITY. In the event the CITY elects to use COUNTY funded Fire Marshal services, the services will be provided at a cost outlined in COUNTY Ordinance 671(Establishing Consolidated Fees For Land Use and Related Functions). Cooperative Fire Agreement City of Temecula July 1, 2016 to June 30, 2018 4 of 9 SECTION IX: PROPERTY ACCOUNTING All personal property provided by CITY and by COUNTY for the purpose of providing Fire Services under the terms of this Agreement shall be marked and accounted for in such a manner as to conform to the standard operating procedure established by the COUNTY for the segregation, care, and use of the respective property of each. SECTION X: FACILITY CITY shall provide Fire Station(s), strategically located to provide -standard response time within City of from which fire operations shall be conducted. If the Fire Station(s) are owned by the CITY, the CITY shall maintain the facilities at CITY's.cost and expense. In the event CITY requests COUNTY to undertake repairs or maintenance costs or services, the costs and expenses of such repairs or maintenance shall be reimbursed to COUNTY through the Support Services Cost Allocation, or as a direct Invoice to the CITY. SECTION XI: INDEMNIFICATION AND HOLD HARMLESS To the fullest extent permitted by applicable law, COUNTY shall and does agree to indemnify, protect, defend and hold harmless CITY, its agencies, districts, special districts and departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives (collectively, "Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the Services performed hereunder by COUNTY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of COUNTY, its officers, employees, subcontractors, agents, or representatives (collectively, "Liabilities"). Notwithstanding the foregoing, the only Liabilities with respect to which COUNTY's obligation to indemnify, including the cost to defend, the Indemnitees does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement. To the fullest extent permitted by applicable law, CITY shall and does agree to indemnify, protect, defend and hold harmless COUNTY, its agencies, departments, directors, officers, agents, Board of Supervisors, elected and appointed officials and representatives (collectively, "Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the services performed hereunder, by CITY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of CITY its officers, employees, subcontractors, agents, or representatives Cooperative Fire Agreement City of Temecula July 1, .2016 to June 30, 2018 5 of 9 (collectively, "Liabilities"). Notwithstanding the foregoing, the only Liabilities with respect to which CITY's obligation to indemnify, including the cost to defend, the Indemnitees does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement. SECTION XII: AUDIT A. COUNTY and CITY agree that their designated representative shall have the right to review and to copy any records and supporting documentation of the other party hereto, pertaining to the performance of this Agreement. COUNTY and CITY agree to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated or as required by law, and to allow the auditor(s) of the other party access to such records during normal business hours COUNTY and CITY agree to a similar right to audit records in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). B. Each party shall bear their own costs in performing a requested audit. SECTION XIII: DISPUTES CITY shall select and appoint a "Contract Administrator" who shall, under the supervision and direction of CITY, be available for contract resolution or policy intervention with COUNTY, when, upon determination by the Chief that a situation exists under this Agreement in,which a decision to serve the interest of CITY has the potential to .conflict with COUNTY interest or policy. Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time by the CITY and COUNTY employees normally responsible for the administration of this Agreement shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution. For purposes of this provision, a "reasonable period of time" shall be ten (10) calendar days or less. CITY and COUNTY agree to continue with the responsibilities under this Agreement during any dispute. Disputes that are not resolved informally by and between CITY and COUNTY representatives may be resolved, by mutual agreement of the parties, through mediation. Such mediator will be jointly selected by the parties. The costs associated with mediator shall be shared equally among the participating parties. If the mediation does not resolve the issue(s), or if the parties cannot agree to mediation, the parties reserve the right to seek remedies as provided by law or in equity. The parties agree, pursuant to Battaglia Enterprises v. Superior Court (2013) 215 Cal.App.4th 309, that each of the parties are sophisticated and negotiated this agreement and this venue at arm's length. Pursuant to this Agreement, the parties agree that venue for litigation shall be in the Superior Court of Riverside County. Should any party attempt to defeat this section and challenge venue in Superior Court, the party challenging venue stipulates to request the Court change venue to San Bernardino County and shall not ask for venue in any other County. Cooperative Fire Agreement City of Temecula July 1, 2016 to June 30, 2018 6 of 9 Any claims or causes of actions, whether they arise out of unresolved disputes as specified in this Section or claims by third parties that are made against the COUNTY, shall be submitted to the Office of the Clerk of the Board for the County of Riverside in a timely manner. For claims made against the COUNTY that involve CalFire employees, to the extent permissible under the COUNTY's contract with CalFire, the claims will be forwarded on to CalFire for processing. SECTION XIV: ATTORNEY'S FEES If CITY fails to remit payments for services rendered pursuant to any provision of this Agreement, COUNTY may seek recovery of fees through litigation, in addition to all other remedies available. In the event of litigation between COUNTY and CITY to enforce any of the provisions of this Agreement or any right of either party hereto, the unsuccessful party to such litigation agrees to pay the prevailing party's costs and expenses, including reasonable attorneys' fees, all of which shall be included in and as a part of the judgment rendered in such litigation. SECTION XV: DELIVERY OF NOTICES Any notices to be served pursuant to this Agreement shall be considered delivered when deposited in the United States mail and addressed to: COUNTY CITY OF TEMECULA County Fire Chief City Manager 210 W. San Jacinto Ave. City of Temecula Perris, CA 92570 41000 Main Street Temecula, CA 92590 Provisions of this section do not preclude any notices being delivered in person to the addresses shown above. Delivery in person shall constitute service hereunder, effective when such service is made. SECTION XVI: ENTIRE CONTRACT This Agreement contains the whole contract between the parties for the provision of Fire Services. It may be amended or modified upon the mutual written consent of the parties hereto where in accordance with applicable state law. This Agreement does NOT supplement other specific agreements entered into by both parties for equipment or facilities, and excepting those equipment or facilities agreements, this Agreement cancels and supersedes any previous agreement for the same or similar services. Cooperative Fire Agreement City of Temecula July 1, 2016 to June 30, 2018 7 of 9 [Signature Provisions on following page] Cooperative Fire Agreement City of Temecula July 1, 2016 to June 30, 2018 8 of 9 IN WITNESS WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written. Dated: ATTEST: By: Title: City Clerk Dated: (SEAL) CITY OF TEMECULA By: Title: Mayor APPR TO FORM: City Attorney JUN 2 1 2016 COUNTY OF RIV SIDE ATTEST: KECIA HARPER-IHEM Cie of theBoard "111.I�1iLga By puty (SEAL) iy PERATI YR A NT 201 By: C . rman,_rd o upervisors J + HN J. BFNOIT APPROVED AS TO FORM: GREGORY P. PRIAMOS, County Co,.insel By: ERIC`STOPH R Deputy County Counsel Cooperative Fire Agreement City of Temecula July 1, 2016 to June 30, 2018 9 of 9 ,t4p. Exhibit A ESTIMATES TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF TEMECULA ESTIMATE DATED MARCH 8, 2016 FOR FY 2016/2017 THROUGH 2017/2018 BUDGET CITY ESTIMATES FISCAL YEAR 2016/2017 $5,877,472 FISCAL YEAR 2017/2018 $6 382,943 TOTAL, ESTIMATED CITY EXHIBIT 'A" FOR 2016/2017 THROUGH 2017/2018 $12,060,414 CAPTAIN'S STA #12 FY 2017 ESTIMATE TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF TEMECULA ESTIMATE DATED MARCH 8, 2016 FOR FY 2016/2017 CAPTAIN'S MEDICS ENGINEER'S ENGINEER FF II MEDICS FF U'S MEDICS Medic Engine 408,888 2.0 349,818 2.0 STA #73 Medic Engine 408,888 2.0 174609 1.0 (Truk Co.) 813,333 3.0 524,426 30 STA #84 Medic Engine 408,888 2.0 227,317 1.0 349,818 2.0 STA 892 Medic Engine 408,888 20 174,809 r 0 Fixed Relief 204,444 r0 Vac. Relief - Engine 204,444 1.0 174,609 1.0 SUBTOTALS 2.657,774 SUBTOTAL STAFF 227,317 1,748,088 13 r 10 BATTALION CHIEF FIRE SAFETY SUPERVISOR (PCN 110077) FIRE SAFETY SPECIALIST (PCN 8988 & PCN 123555) SUBTOTAL ESTMOATED SUPPORT SERVICES Administrattve/0perational Volunteer Program Medic Program Fleet Support ECC Support CommllT Support HazmatSupport SUPPORT SERVICES SUBTOTAL ESTIMATED DIRECT CHARGES FIRE ENGINE USE AGREEMENT TOTAL STAFF COUNT TOTAL ESTIMATED CITY BUDGET ' TEMECULA ESTIMATED FIRE TAX CREDIT NET ESTIMATED CITY BUDGET • STRUCTURAL FIRE TAXES ESTIMATED REDEVELOPMENT PASS THRU TOTAL. TAX FUNDING 6,819,980 825,242 7,645,222 0 00 318,520 20 339,571 20 198,043 1 0 318,520 2.0 339,571 20 474,779 3.0 509,356 30 196,043 10 198,043 10 392,086 2.0 980,216 6 244,158 each 148,829 each 140,759 each 315,520 2.0 339,571 2.0 316,520 20 339,571 20 158,260 10 189,785 10 316.520 20 169,785 1.0 TOTALS 1,414,596 80 1,435,831 8.0 2,121,894 120 1,641,913 9.0 1,435,831 8 0 728,532 40 1,257,644 7.0 2,215,637 2,207,209 10,036,241 T4 13 20,805 per assigned Staff " 7,658 Per Entity Allocation Medic FTEIDeflb Basis 54.970 per Fire Suppression Equip Calte/Station Basis Calls/Station Basis 25,331 each engine FY 2017 ESTIMATE CITY of TEMECULA Pip. 2 OS 244,156 146,829 281,517 $672,502 1,185,890 7,858 133,933 274,851 276,219 489,451 81,051 2,429,053 56 1.0 1.0 20 60.0 37.00 10 190 50 58,243 128,855 5 ^$13,322 694 (7,645,222) 5.877.472 60.00 SUPPORT SERVICES Administrative & Operational Services Finance Training Data Processing Accounting Personnel Procurement Emergency Services Fire Fighting Equip. Office Supplies/Equip, Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance Medic Program - Support staff, Training, Certification, Cage Review & Reporting, Monitor/ Defibrillator replacement cycle. Fleet Support - Support staff, automotive casts, vehicle/engine maintenance, fuel costs Emergency Command Center Support - Dispatch services costa Communications / IT Support - Support staff, communications, radio maintenance, computer • support functions Hama! Program - Support staff, operating costs, and vehicle replacement FY 18117 POSITION SALARIES TOP STEP 304,607 DEPUTY CHIEF 300,511 DIV CHIEF 244,156 BAT CHIEF 204,444 CAPT 227,317 CAPT MEDIC 174,809 ENG 196,043 ENG/MEDIC 158,280 FF II 169,785 FF It/MEDIC 146,829 FIRE SAFETY SUPERVISOR 140,759 FIRE SAFETY SPECIALIST 122,031 FIRE SYSTEMS INSPECTOR 71,843 OFFICE ASSISTANT III 72,531 SECRETARY I 118,074 COUNTY EMERGENCY SERVICES COORDINATOR 162,547 DEPUTY FIRE MARSHAL 57.00 0.0 57.00 Assigned Staff Battalion Chief Support Total Assigned Staff 3.5 Fife Stations 7,236 Number of Cala no Assigned Medic FTE 6 MonborlfDefibs 3 5 Hazmat Stations 51 Number of Hazmet Cels 25,331 FIRE ENGINE 20,805 SRVDEL 7,858 VOL DEL 8,425 MEDIC FTE 1,975 MEDIC MONITORS/DEFIBS REPLACEMENT 75,184 BATT DEL 18,628 ECC STATION 30.13 ECC CALLS 54,970 FLEET SUPPORT 28,255 COMM/1T STATION 51.21 COMMHT CALLS 2,404 FACILITY STATION 848.77 FACILITY FTE 3,731 HAZMAT STATION 1,294.48 HAZMAT CALLS 1,974 HAZMAT VEHICLE REPLACEMENT F12017 l7T1MAT5 Cm or MR -Nu P.o. ser 5 STA 012 Medic Engine STA 073 Medic Engine (Truck Co.) STA 084 Medic Engine STA 082 Medic Engine Fixed Rellef Vac. Relief - Engine CAPTAIN'S FY 2018 ESTIMATE TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL. EMERGENCY SERVICES FOR THE CITY OF TEMECULA ESTIMATE DATED MARCH 8, 2016 FOR FY 2017/2018 CAPTAINS MEDICS 429,333 20 429,333 2 0 843,999 3 0 429,333 2.0 238,882 1.0 429,333 2.0 214688 1 0 214,886 70 SUBTOTALS 2,790,883 238,682 SUBTOTAL STAFF 73 1 BATTALION CHIEF FIRE SAFETY SUPERVISOR (PCN 11007T) FIRE SAFETY SPECIALIST (PCN 8988 8 PCN 123555) SUBTOTAL ESTIMATED SUPPORT SERVICES Administrative/Operational Volunteer Program Medic Program Fleet Support ECC Support Comm/IT Support Hazmet Support SUPPORT SERVICES SUBTOTAL ENGINEER'S 387,098 20 0 00 ENGINEER MEDICS 163,549 10 205,845 10 550,648 3.0 367,098 20 183,549 10 205,045 70 183,549 1 0 205,845 1.0 411,891 2.0 FF II'S 332,345 2.0 356,549 20 FF II MEDICS 332,345 20 356,549 20 498,518 30 534,824 30 332,345 2,0 356,549 2.0 332,345 20 358,549 20 188,173 10 178,275 10 332,345 2.0 178,275 10 1,835,492 1,029,227 2,328,418 2,317,569 10 5 14 f3 ESTIMATED DIRECT CHARGES FIRE ENGINE USE AGREEMENT TOTAL STAFF COUNT TOTAL ESTIMATED CITY BUDGET • TEMECULA ESTIMATED FIRE TAX CREDIT NET ESTIMATED CITY BUDGET • STRUCTURAL FIRE TAXES ESTIMATED REDEVELOPMENT PASS THRU TOTAL TAX FUNDING 256,384 each 154,171 each 147,798 each 22,281 per assigned Staff ••• 8,194 Per Entity Allocation Medic FTEIDeflb Basis 58,818 per Fla Suppression Equip CeII$IStaUon Basis Calts/Statlon Beals 25,331 each engine 8,819,980 825,242 7,645,222 FY 2011 ESTI W. R CITY OF TEMECULA pupp 4.75 TOTALS 1,485,328 80 1,507,622 60 2,227,989 12 1,724,008 90 1,507622 60 764,959 4.0 1,320,526 7.0 10,538,053 256,364 154,171 295,593 3706,127 1,268,902 8,194 143,308 294.090 295,555 502,313 88.725 2,599,087 56 1.0 10 2.0 600 57.00 t0 160 5.0 58,243 126,855 5 314,028.165 (7,645,222) 6.3B2.943 60.00 SUPPORT SERVICES Administrative & Operational Services Finance Training Data Processing Aavunting Personnel Procurement Emergency Services Fie FIghttng Equip. Oflloe Supplies/Equip. Volunteer Program - Support staff, Workers Comp, and Personal Liability Ineurnce Medic Program - Support staff, Training, Certification, Casa Review & Reporting, Monitor! Defibrillator replacement cycle. Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costo Emergency Command Center Support -Dispatch services costa Communications! IT Support- Support staff, communlcatlons, radio maintenance, computer support functions Hazmat Program - Support staff, operating costa, and vehicle replacement FY 17118 POSITION SALARIES TOP STEP 319,838 DEPUTY CHIEF 315,537 DIV CHIEF 258,384 BAT CHIEF 214,888 CAPT 238,682 CAPT MEDIC 183,549 ENG 205,845 ENG/MEDIC 168,173 FF II 178,275 FF IUMEDIC 154,171 FIRE SAFETY SUPERVISOR 147,798 FIRE SAFETY SPECIALIST 128,132 FIRE SYSTEMS INSPECTOR 75,435 OFFICE ASSISTANTIIt 76,158 SECRETARY t 121,877 COUNTY EMERGENCY SERVICES COORDINATOR 170,875. DEPUTY FIRE MARSHAL 57.00 Assigned Staff a.o Battalion Chief Support 57.00 Total Assigned Steffi 3.5 Fire Stations 7.236 Number of Calls r9 Aaslgned Medic FTE 6 Monitors /Defrbs 3 5 Hazmat Stations sr Number of Hazmat Calls 25,331 FIRE ENGINE 22,281 SRVDEL 8,194 VOL DEL 8,875 MEDIC FTE 2.113 MEDIC MONITORS/DEFIES REPLACEMENT 80,426 BATT DEL 17,789 ECC STATION 32.24 ECC CALLS 58,818 FLEET SUPPORT 30,233 COMM/IT STATION 54.79 COMMIIT CALLS 2,673 FACILITY STATION 892.05 FACILITY FTE 3,992 HAZWT STATION 1,385.09 HAZMATCALLS 2,112 HAZMAT VEHICLE REPLACEMENT FY 2071 EdT1MATE CRY OF TEMECUrA Pip 5 of 5 EXHIBIT "B" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL AID FOR THE CITY OF TEMECULA DATED , 2016 PAYMENT FOR SERVICES ADDITIONAL TERMS COUNTY shall make a claim to CITY for the actual cost of contracted services as shown on Exhibit "A" during each of the following periods: (1) July 1 through September 30, claim in October; (2) October 1 through December 31, claim in January; (3) January 1 through March 31, claim in April; .and (4) April 1 through June 30, claim in July The claims shall be for 25% of the estimated costs of services after any deduction for fire taxes, with final reconciliation to actual costs resulting in an additional claim or refund to CITY, the subsequent quarter with the final reconciliation in August. CITY shall pay each claim within 30 days after receipt thereof. COUNTY shall allow a credit in the amount of the Structural Fire taxes as determined by COUNTY to be collected in each fiscal year of this Agreement. The allowed credit shall not exceed the cost of contracted services. Exhibit "B" CITY OF TEMECULA EXHIBIT "C" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL AID FOR THE CITY OF TEMECULA DATED MARCH 8, 2016 PAYMENT FOR SERVICES ADDITIONAL SERVICES FIRE ENGINE USE AGREEMENT Station 12 Engine 12, RCO No. 12-820 $ 25,331.00 Station 73 Engine 73, RCO No. 07-813 $ 25,331.00 Station 84 Engine 84, RCO No. 08-870 $ 25,331.00 Station 92 Engine 92, RCO No. 08-869 $ 25,331.00 Station 95 Engine 95, RCO No. 08-818 $ 25,331.00 $126,655.00 The Fire Engine Use Agreement is utilized in the event that a fire engine(s) which was initially purchased by the CITY, and then the CITY elects to have the COUNTY take responsibility of said fire engine(s). The Fire Engine Use Agreement guarantees the CITY the use of this fire engine(s), the COUNTY network of equipment, and resources of the COUNTY. Exhibit "C" CITY OF TEMECULA Page 1.of 2 This fire engine(s) shall be used as an integrated unit for Fire Services as set forth in this Cooperative Agreement between the COUNTY and CITY, and shall be stationed primarily in the CITY. The change in ownership of the fire engine does not waive or supersede any responsibilities of the CITY pursuant to this agreement. This exhibit is strictly to further detail for the CITY, the responsibilities and costs associated within the Cooperative Agreement between the COUNTY and CITY; therefore, the Fire Engine Use Agreement is inseparable. The CITY will have the option of transferring title of said fire engine(s) to the COUNTY. If the CITY transfers title of said fire engine(s) to the County, the County will take ownership of the said fire engine(s), and the County will maintain insurance on said fire engine(s). If the CITY opts to maintain ownership and title of said fire engine(s), the CITY will maintain insurance on said fire engine(s). Proof of Insurance is to be provided to the COUNTY. The COUNTY will ensure a working fire engine(s) is available for the CITY at all times under this agreement. All capital improvements and/or betterments to the fire engine(s) listed above, will be the responsibility and paid for by the COUNTY under this Agreement. When the Riverside County Fire Department Fleet personnel determine the fire engine(s) listed above is due for replacement, the COUNTY will purchase a new fire engine(s); and, survey the old fire engine(s). The annual cost for this service is calculated at 1/20 of the replacement cost. The current replacement cost is $506,625.00. If this Agreement is entered into mid -year, the annual cost will be prorated accordingly. Exhibit "C" CITY OF TEMECULA Page 2 of 2 � o ut z 0 P. PRIAMOS SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA atii FROM: FIRE SUBMITTAL DATE: June 1, 2016 SUBJECT: Approval of the Cooperative Agreement to Provide Fire Protection, Fire Prevention, Rescue and Medical Emergency Services for the City of Temecula for two (2) years. [$27,350,859] District 3 RECOMMENDED MOTION: That the Board of Supervisors: 1. Approve the attached Cooperative Agreement to Provide Fire Protection, Fire Prevention, Rescue and Medical Emergency Services for the City of Temecula; and 2. Authorize the Chairman of the Board to execute this Cooperative Agreement on behalf of the County; and 3. Authorize the Fire Chief to negotiate and execute any amendments to the Exhibit "A" of this Agreement. Departmental Concurren 0 Positions Added 0 Change Order BACKGROUND: Summary Continued on Page 2 Diane Sinclair, Deputy Director for John Hawkins,' Fire Chief FINANCIAL DATA Current Fiscal Year: Next Fiscal Year: Total Cost: Ongoing Cost: COST $ 12,702,433 $ 13,322,694 $ 27,350,859 $ N/A NET COUNTY COST $ 0.00 $ 0.00 $ 0.00 $ 0.00 POLICY/CONSENT (per Exec. Office} Consent 0 Policy jh SOURCE OF FUNDS: Contract revenue from the City of Temecula subject to annual cost increase. Budget Adjustment: No For Fiscal Year: 16/17 & 17/18 C.E.O. RECOMMENDATION: APPROVc BY: County Executive Office Signature MINUTES OF THE BOARD OF SUPERVISORS On motion of Supervisor Ashley, seconded by Supervisor Benoit and duly carried by unanimous vote, IT WAS ORDERED that the above matter is approved as recommended. Ayes: Jeffries, Tavaglione, Washington, Benoit and Ashley Nays: None Absent: None Date: June 21, 2016 xc: FJe Prev. Agn. Ref.: 12/17/13 Item 3.12 !District: 3 1 Agenda Number: K: ci., Harper -Them 3 -47 SUBMITTAL TO THE BOARD OF SUPERVISORS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA FORM 11: Approval of the Cooperative Agreement for the City of Temecula for two (2) years. DATE: June 1, 2016 PAGE: 2 of 2 BACKGROUND: Summary (continued) The City of Temecula desires to continue contracting for Fire Protection, Fire Prevention, Rescue and Medical Emergency Services with the Riverside County Fire Department, and as such, the City of Temecula and Riverside County have reached an agreement as to the level of service to be provided to the City. There were no changes in the Agreement's level of county staffing since the previous signed Agreement in FY 13/14. The term of this agreement is July 1, 2016 through June 30, 2018. The total estimated contract revenue will be received annually to cover the full contract costs. The FY 16/17 is estimated at $13,322,694 and subject to increase and/or decrease based on fiscal year end reconciliation of support services with actual costs to be adjusted on the 41h Quarter Invoice sent out in August following the fiscal year close. The City of Temecula approved the agreement on May 24, 2016. The agreement has been reviewed and approved as to form by County Counsel. Impact on Citizens and Businesses There are no changes in the Agreement; therefore, there will be no impact on businesses or citizens of the City of Temecula due to the renewal of this agreement. However, the language in the Agreement does state that the City may request an increase or decrease of employees or services assigned to the City with one hundred twenty (120) day written notice to the County. All requests for changes will be evaluated by the designated Chief Officer and/or County Fire Chief to ensure that the levels of service provided to the Community are at or above the minimum standard requirements. Any concerns will be discussed with the City Representative. SUPPLEMENTAL: Additional Fiscal Fire estimates receiving $13,322,694 for FY 16/17 and $14,028,165 for FY 17/18 in revenue. This contract has no general fund impact. The estimated contract increase from the previous Exhibit A amendment is 4.88%. This increase is due to various rate increases from the State Cooperative Agreement, the County cost increases. Contract History and Price Reasonableness The City of Temecula has been contracting for Riverside County Fire Service since 1990. The estimated contract increase from the previous Exhibit A amendment is 4.88%. This increase is due to various rate increases from the State Cooperative Agreement, the County cost increases. There were no changes in the Agreement's level of county staffing since the previous signed Agreement in FY 13/14. Item No. 6 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: October 24, 2017 SUBJECT: Approve the First Amendment to the Purchase and Installation Agreement with PlayCore Wisconsin, Inc. dba GameTime for Butterfield Stage Park Playground Equipment Replacement, PW17-10 PREPARED BY: Julie Tarrant, Senior Management Analyst RECOMMENDATION: That the City Council approve the First Amendment to the Purchase and Installation Agreement with PlayCore Wisconsin, Inc. dba GameTime, for Butterfield Stage Park Playground Equipment Replacement, PW17-10, by reducing the Agreement amount to $261,960.15. BACKGROUND: In 2015, the Community Services and Public Works Departments identified several parks and structures that are in need of repair, replacement, or need further evaluation to determine what measures, if any, may be required to ensure compliance with current safety standards. Prior to authorizing the allocation of monies, City Council requested a thorough assessment of all City parks to develop an inventory and prioritize needs. A comprehensive report of the assessment was prepared detailing individual park profiles, equipment repair, equipment replacement needs, public survey results, destination park candidates, and examples of state-of-the-art park playground equipment. In April 2016, a Request for Qualifications (RFQ) was advertised via our electronic bidding service PlanetBids. Staff reviewed the vendor qualifications received and selected three qualified vendors to develop an approved vendor list. Complete proposals were requested from each vendor for the various park sites and these proposals were reviewed by the Parks, Recreation, and Community Services Subcommittee. PlayCore Wisconsin, Inc. d/b/a GameTime was selected to provide services for the purchase and installation of playground equipment and safety surfacing materials at Butterfield Stage Park. On June 13, 2017, City Council approved the Purchase and Installation Agreement with PlayCore Wisconsin, Inc., d/b/a GameTime, in the amount of $277,632.45. The work includes demolition, disposal of existing play equipment, site preparation, and complete installation of new equipment and rubberized safety surfacing materials. Due to the need to change the scope of the original Agreement as it relates to educational signage and rubberized surfacing materials, it is necessary to amend the original Agreement to include the changes to the overall project scope of work and project costs, as referenced in Attachment A to the First Amendment. FISCAL IMPACT: The Playground Equipment Enhancement and Safety Surfacing project is identified in the City's Capital Improvement Program, Fiscal Years 2018-22. The original Purchase and Installation Agreement cost totaled $277,632.45. This Amendment will reduce the original agreement amount by $15,672.30, resulting in the new Agreement amount of $261,960.15. Adequate funds are available in the project accounts to cover the project costs. ATTACHMENT: First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND PLAYCORE WISONSIN d/b/a GAMETIME BUTTERFIELD STAGE PARK PLAYGROUND EQUIPMENT REPLACEMENT, PW17-10 THIS FIRST AMENDMENT is made and entered into as of October 24, 2017, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and PlayCore Wisconsin, Inc. d/b/a GameTime, 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 13, 2017, the City and Contractor entered into that certain Agreement entitled "Purchase and Installation Agreement," in the amount of $277,632.45. b. The parties now desire to revise the scope of work, decrease the payment in the amount of $15,672.30, and amend the Agreement as set forth in this Amendment. 2. Section 3, first paragraph, of the Agreement entitled "PURCHASE / INSTALLATION PRICE" is hereby amended to read as follows: The Purchase Price which City agrees to pay to Contractor for the Equipment is Two Hundred Sixty One Thousand Nine Hundred Sixty Dollars and Fifteen Cents (261,960.15). The Purchase Price is final and shall be paid by City to Contractor in accordance with Section 4 entitled "Payments." 3. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA PlayCore Wisconsin, Inc. d/b/a GameTime (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 Donald R. King, Director of Sales Administration ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR PlayCore Wisconsin, Inc. d/b/a GameTime Attn: Myles Harvey, Playologist 401 Chestnut Street, Suite 410 Chattanooga, TN 37402 435-245-5055 myles@gwpark.com 2 PM Initials: Date: t- ATTACHMENT A Attached hereto and incorporated herein is the revised scope of work and pricing as provided by the Contractor. 3 A City of Temecula Attn: Erica Russo 41000 Main Street Temecula, CA 92590 Phone: 951-693-3995 CORE iomgrny Great Western Recreation P.O. Sox 97 Wellsville, UT 84339 435-245-5055 www.gwpark.com Butterfield Ranch Park Option 3B QUOTE #89479 08/ 10/2017 Project #. P66197 Ship ToZip: 92590 Quantity Part # Desaiption Unit Pnce Amount. 1 RDU 1 38000 1 031 TSA 2 38213 2 3535 1 38064 1 8888 1 38021 1 38049 1 38051 1 38050 1 178749 1423 PIP Game Time - Custom Play Structure Game Time - The Dragonfly PlayWor GFRC - Treehouse Game Time -Leaf B ench G T -Shade - Sgl Post Pyrarnid 14X14 81-1i 90/10 Game Time - Custom Trail Map Sign Game Time - Custom ArtWork for Sign #38064 Game Time - Butterflies Fun Facts Game Time - TreesFun Facts Game Time - Mushrooms Fun Facts Game Time - Leaves Fun Facts Game Time - Gwner'S Kit G T-Impax - Poured in Place Surfacing, Delivered and Installed - 1,423 Total Sq Ft( 1295 sfPLUS 851f t. down x 1.5) 3" depth Includes 50/50 standard epdm beige and black for main background color Includes (15) various. leaf shapes with 100% Standard EPDM green color Aromatic binder, Prevailing Wages B ased on goodjob access 1 SS G T-Impax - Site Security 1 INS TALL Game Time -Provide and install 70 CY engineered wood fiber, blown in 1 INS TALL Game Time - Mobilization Inchucks.- Temporary fencing. (1) 40' Storage container. Sanitary facility. C rew in/out. Unloading ofplay equipment Equipment moves. Page 1 of 4 4 $80,835.00 $4,579.00 $51,806.00 $715.00 $2,347.00 $1,459.00 $75.00 $861.00 $861.00 $861.00 $861.00 $50.00 $16.05 $625.00 $4,025.00 $7,070.00 $80,835.00 $4,579.00 $51,806.00 $1,430.00 $4,694.00 $1,459.00 $75.00 $861.00 $861.00 $861.00 $861.00 $50.00 $22,839.15 $625.00 $4,025.00 $7,070.00 GREAT WESTERN Myles Harvey ❑Anlelle Peierene W.esOgin iri_nm Qeirelhp( vp7f% � Butterfield Ranch Park Option 3B QUOTE #89479 08/10/201 7 Quantity PartDescription Umt Price Arno ard 1 INS TALL 1 INS TALL 1 INS TALL 1 INS TALL Game Time - Demo, remove and dispose of the existing play equipment. Game Time - Demo, remove and dispose approximately 1,425 S.F of PIP. Game Time - Demo, remove and dispose approximately 1,525 S.F of sub -base. Game Time - Excavate, remove and dispose of 1,450 S.F of sand to a depth of 12" below the proposed finished surface. 1 INSTALL Game Time - Installation of 1,360 S.F of sluny sub -base and 130 L.F of beveled curbing for proposed PIP. Includes building of pad. 1 INSTALL Game Time - Installation of the proposed play equipment. 1 INSTALL Game Time - Installation of(2) single post shades. 1 INSTALL Game Time - Installation of(5) signs. 1 INSTALL Game Time - Installation of(2) benches. 1 INSTALL Game Time - Installation of 1,470 S.F of felt for EWF. Ship to: 41000 Main St. Temecula, CA 92590 Minimum deposit of $16,812 *Freight charges are based on listed zip code and are subject to change, if shippinginfonnation changes. Customer is responsible for offloading. CSLB# 855664/DIR # 1000015526 $5,200.00 $4,400.00 $4,670.00 $4,670.00 $10,800.00 $38,670.00 $4,670.00 $835.00 $470.00 $1,600.00 Sub T otal: Discount: Tax: Estimated Freight: Total Amount $5,200.00 $4,400.00 $4,670.00 $4,670.00 $10,800.00 $38,670.00 $4,670.00 $835.00 $470.00 $1,600.00 $258,916.15 ($23,659.75) $10,946.88 $15,756.87 $261,960.15 ***Note: If you are issuing a F.O. or CONTRACT please male it payable to GameTime C/O Great Western Cheek should also be madepayable to Gamethne CIO Great Western** Page 2 of 4 5 GREAT WESTERN Myles I lar vey 05.19._ Danielle Rogerson Der elleggnealk cael Item No. 7 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works/City Engineer DATE: October 24, 2017 SUBJECT: Accept Improvements and File the Notice of Completion for the Citywide Slurry Seal for Arterial Streets, PW 15-10 PREPARED BY: Kendra Hannah-Meistrell, Senior Civil Engineer Chris White, Associate Engineer I RECOMMENDATION: That the City Council: 1. Approve an increase to the contingency, in the amount of $19,567.84, for the Citywide Slurry Seal for Arterial Streets, PW15-10; 2. Increase the City Manager change order approval authority in the amount of $19,567.84; 3. Accept the improvements for the Citywide Slurry Seal for Arterial Streets, PW15-10, as complete; 4. 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; 5. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. BACKGROUND: On June 14, 2016, the City Council awarded a Construction Contract to Pavement Coatings Company, in the amount of $672,901.24, and authorized the City Manager to approve change orders not to exceed a 10% contingency of $67,290.12 to complete the Citywide Slurry Seal for Arterial Streets, PW 15-10. Street Maintenance staff identified three arterial street segments that would most benefit from slurry seal preventative maintenance. These street segments were Jefferson Avenue (north City limit to Rancho California Road), Temecula Parkway (Pechanga Parkway to the east City limit), and Winchester Road (Ynez Road to Margarita Road). The work involved the removal of existing striping/markings, cleaning/sealing large cracks, application of slurry seal, and subsequent restoration of striping and pavement markings. Bike lanes were added to all three arterial streets during the restoration of the striping. The cost of this addition exceeded the remaining contingency amount and necessitates an increase to the contingency. 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 will be warranted for a period of one year from October 24, 2017, the date the City will obtain "beneficial use" of the project improvements. The retention for this project will be released pursuant to the provisions of Public Contract Code Section 7107. FISCAL IMPACT: The Citywide Slurry Seal for Arterial Streets is included in the Fiscal Year 2017-18, Measure A Fund Operating Budget. The original Contract amount was $672,901.24, the approved contract change order and remaining contingency total $67,290.12, and with the contingency increase of $19,567.84, the total cost of the project is $759,759.20. There are sufficient funds available in the account to cover the contingency increase request. 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 Pavement Coatings Company, 10240 San Sevaine Way, Jurupa Valley, Ca. 91752 to perform the following work of improvement: Citywide Slurry Seal for Arterial Streets Project No. PW 15-10 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 October 24, 2017. That upon said contract The Ohio Casualty Insurance Company, 625 Maple Avenue, Keene, NH 03431, was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Citywide Slurry Seal for Arterial Streets Project No. PW 15-10 6. The location of said property is: Portions of Winchester Road, Jefferson Avenue and Temecula Parkway, Temecula, California. Dated at Temecula, California, this 24th day of October, 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 24th day of October, 2017. City of Temecula Randi Johl, City Clerk CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE for CITYWIDE SLURRY SEAL FOR ARTERIAL STREETS PROJECT NO. PW15-1O This is to certify that Pavement Coatings Co. (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 CITYWIDE SLURRY SEAL FOR ARTERIAL STREETS, PROJECT NO. PW15-10, situated in the City of Temecula, State of California, more particularly described as follows: Jefferson Ave, Temecula Parkway, and Winchester Rd. ADDRESS OR DESCRIBE LOCATION OF WORK The Contractor declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the Contractor. Further, in connection with the final payment of the Contract, the Contractor hereby disputes the following amounts: Description Dollar Amount to Dispute Pay Estimate No. 2 $ 226,629.34 Striping Change Order $ 23,775.65 Retention $ 37,987.96 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: 10-06-2017 By: Y CONTRACTOR: Signature Tom Muccnski - Secretary Print Name and Title RELEASE R-1 CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO. 024067726 MAINTENANCE BOND for CITYWIDE SLURRY SEAL FOR ARTERIAL STREETS PROJECT NO. PW15-10 KNOW ALL PERSONS BY THESE PRESENT THAT Pavement Coatings Co., 10240 San Sevaine Way, Jurupa Valley, CA 91752 NAME AND ADDRESS OF CONTRACTOR a Corporation (hereinafter called "Principal"), and (fill in whether a Corporation, Partnership, or Individual) The Ohio Casualty Insurance Company 625 Maple Avenue. Keene. NH 03431 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 Seventy-five thousand, nine hundred seventy-five thousand DOLLARS AND Ninety-two CENTS ($ 75,975.92 ) 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 21st day of June , 20 16 , a copy of which is hereto attached and made a part hereof for the construction of CITYWIDE SLURRY SEAL FOR ARTERIAL STREETS, PROJECT NO. PW15-10. 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 WHERE6S, the said Contr ct has been completed, and was the final estimate approved on this the Z'l day of Oci-06e,. , 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. 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 MAINTENANCE BOND MB -1 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 27 day of September , 20 17 (Seal) SURETY: The Ohi By:/70/17 Casualty nsurance Company Richard L. Wells (Name) Attorney -in -Fact PRINCIPAL: Pavement Coatings Co. By: iou -(Y (Nam) (.6a121-4 (Title) .6a121-4 (Title) (Title) APPROVED AS TO FORM: By: ✓/`� (oma H (Name) i ccr Peter M. Thorson, City Attorney (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 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No, 7666888 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Frank Morones; Lynn A. Slone; Richard L. Wells all of the city of BREA state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 13th day of March , 2017 . STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY ss By: The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West iericars Insurance Company David M. Care Assistant Secretary On this 13th day of March , 2017 , before me personally appeared David M, Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer, IN WITNESS WHEREOF. I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. P� PRS7 DE '4 y :fSYLVp� Member. Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Paslella, Notary Public Upper Merlon Twp., rvlontgomery County My Commission Expires March 28, 2021 By iitzLii Lty4t) Teresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS — Section 12, Power of Attorney Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5_ Surety Bonds and Undertakings, Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. � IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 1 day of ��/ 2 LMS_12873 022017 Renee C, Lle seistant Secretary 288 of 300 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 September 27, 2017 before me, Lynn A. Slone, Notary Public Date Here Insert Name and Title of the Officer personally appeared Richard L. Wells Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personM whose name(t is/ere subscribed to the within instrument and acknowledged to me that heishehithey executed the same in hisker/their authorized capacity(iss), and that by his/hera'their signature(f on the instrument the person(), or the entity upon behalf of which the person( j 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 pfficial seal. Signature SW/ Signature of Notary Public LYNN A. SCONE Notary Public • California 1 Orange County n Commission # 2134740 My Comm. Expires Dec 16.2019 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document Number of Pages: Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): Partner — Limited 11 General Individual LT. Attorney in Fact Trustee El Guardian or Conservator Other: Signer Is Representing: Document Date: Named Above: Signer's Name: Corporate Officer — Title(s): Partner — Limited 7 General Individual I Trustee Other: Attorney in Fact Guardian or Conservator Signer Is Representing: cvc xzs. . .x c.u. ce . s� c x. -•c: ;wc:•w x^•.xyzcfzcc ^E:e c. c: cScxc,Ys,•cc^t. :,. Y:r> x.x,.1 ©2014 National Notary Association • www.NationalNotary,org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ".f':iC.'Cn3C.0ii'F'�-��.'fC.u..�°{'A..�{.Y`a-..(`.s �(`r�(`.��c7s�fid'filS,a,'Cs.�wf.'{`.c'S,i �.`�'r-'{.d�c.'fv�'{w:.Y�d:.Y:i.f6-.Ys �ti�'.�sysoea n;- .�� _rn_ b;.= --�:a,.L`S�.GC•.i";ta: 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 September 29th, 2017 before me, Patricia J. Lewis, Notary Public Date Here Insert Name and Title of the Officer personally appeared Thomas Mucenski Name($) of Signer(6) who proved to me on the basis of satisfactory evidence to be the person(s4) whose name(5i) is/ate subscribed to the within instrument and acknowledged to me that he/s iie/thby executed the same in his/her/their authorized capacity(itis), and that by his/h0r/their signature(d) on the instrument the person(), or the entity upon behalf of which the person() acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. • • • • • •• RATA12191644 LEWIS, Nia';( NOTARY aueuc - craFoaA VWFOR E COUNTY My Commismon Elis 21. 2021 ! Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL i Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Maintenance Bond Document Date: 09-27-17 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: i.XCorporate Officer — Title(s): Secretary -_ Partner — -::: Limited ; General _ Individual Attorney in Fact Trustee ; , Guardian or Conservator Li Other: Signer Is Representing: Signer's Name: _ - - Corporate Officer — Title(s): Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 :i7[1Cfic;� vCst tYti ti i f [ %G{ sGi_C i�C 6fs.Yai :v*�:i c s if t.S ti X f x:s Css� �Ai�^d' iC c;C r C c 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 September 29th, 2017 before me, Patricia J. Lewis, Notary Public Date Here Insert Name and Title of the Officer personally appeared Doug Ford NameO of SignerO who proved to me on the basis of satisfactory evidence to be the person(i) whose name(5) is/afe subscribed to the within instrument and acknowledged to me that he/she/thby executed the same in his/her/th.ir authorized capacity(i0s), and that by his/h6rftheir signature( on the instrument the person(), or the entity upon behalf of which the person() 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. 1 .r---- Signature re t • = • i...... PAtRns" 7 5}: NCYARY PUIUC CALOORMAh1tae 44 MERU* COUNTY C mminim ENO= Jun! 21, 2021 Place Notary Seal Above OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Maintenance Bond Document Date Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: XCorporate Officer -- Title(s): President Partner — : Limited General Individual - Attorney in Fact Trustee 11Guardian or Conservator D Other: Signer Is Representing: 09-27-17 Signer's Name: Corporate Officer — Title(s): Partner — Limited " General Individual Attorney in Fact Trustee _ Guardian or Conservator Other: Signer Is Representing: xxzvr..<.•r c.cr.•rim^e os:cxcpuctwc&Kvt.g. +ruw.ecc. c. .tsc xx-v ^sw.lwt cam_ sx'gr:<::-t-xx-cora c c� q ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Item No. 8 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: October 24, 2017 SUBJECT: Receive and File Intermittent Street Closure of 3rd Street as Part of the Truax Hotel Construction Project PREPARED BY: Steve Charette, Interim Senior Civil Engineer RECOMMENDATION: That the City Council receive and file the following proposed action by the City Manager: Intermittent Street Closure of 3rd Street between Old Town Front Street and Mercedes Street as part of Truax Hotel construction project. BACKGROUND: A Boutique Hotel Development consisting of a six -story, approximately 175,700 square foot hotel, is proposed along the south side of 3rd Street between Old Town Front Street and Mercedes Street (Planning Application PA16-0270). The hotel will contain 151 guest rooms. A parking structure for the hotel will also be constructed directly across 3rd Street. The development of the hotel project including, demolition, grading, building construction, and street improvements is estimated to occur over a period of two and one-half years, anticipated to begin November 2017 through March 2020. During the grading and construction activities, the owner is requesting authorization to fully close a portion of 3rd Street that fronts the parking garage parcel. The closure would allow access between the two sites (hotel and garage) during daytime working hours. In consideration of the magnitude of the project and limited space within Old Town, closure of the roadway would allow safe and efficient movement of heavy equipment and construction materials between the two sites and also for the exporting of excess soils. Closure of 3rd Street will be limited to daytime work hours of 7:00 a.m. to 4:00 p.m., Monday through Friday. Closure will consist of a double 12 -foot gate system with the necessary warning and reflective signs. During non -working hours the gates will remain open. Access to active businesses on 3rd Street, east and west of the closure, will remain available at all times via Old Town Front Street and Mercedes Street. Closures may at times be intermittent, where there may be periods of time (hours or days) when the street may be temporarily made fully open to traffic. The City reserves the right and discretion to limit or revise street closure times on a case by case basis, including as necessary to accommodate coordination of City Special Events. Traffic will be detoured around the 3rd Street closure via Old Town Front Street, 2nd Street and Mercedes Street pursuant to an approved Traffic Detour Plan herein attached as Exhibit A. The proposed closure of 3rd Street is as follows: 3rd Street Old Town Front Street to Mercedes Street (fronting Parcel APN 922-044-017 only) 7:00 a.m. to 4:00 p.m. Monday through Friday November 2017 to March 2020 The above closure dates are approximate and may be adjusted based on change in project scheduling and City needs. Street closures are allowed by the California Vehicle Code upon approval by the local governing body for certain conditions. Under Vehicle Code Section 21101, "Regulation of Highways," local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing." Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events, provides standards and procedures for special events on public streets, highways, sidewalks, or public right of way and authorizes the City Council or City Manager to temporarily close streets, or portions of streets, for these events. FISCAL IMPACT: by the Applicant. The costs to install and maintain the street closure shall be paid ATTACHMENT: Exhibit 'A' - Location Map SIGN SPACING T WOW d - O ST 125NYN1 59m•tia (5)...P.F— ISXMLK 59.9 • SEE PAGE ONE FOR CONTRACTOR NOTES. N. OPTION 1 • stow FLAGGER STATION .0 .1 Was' ao• - SIGN SPACING SPACING.SPACING 9PACING FLAGGER 5 STATION LL( OLD TOWN FRONT ST 5521 SIGN SPACING FLAG0551 STATION 6 ST 125 MPH) R9 -11a(9) CMS CONTRACTOR SHALL PROVIDE CHANGEABLE MESSAGE SIGN (CMS). PLACE CMS i DAYS BEFORE CONSTRUCTION BEGINS AND KEEP CMS UP DURING THE ENTIRE PROJECT. EXACT LOCATION TO BE DETERMINED BY THE ENGINEER. - CLOSURE ROAD XX l Xxl xx 3R0 STREET WORN r0 CLOSED TO AHEAD xx T xx I xx TRUE TRAFFIC VIEW 1 VIEW 2 VIEW 3 VIEW< 1-800-227-2600 MMIEMAtIE ITMN R11-4 100. ao 1 1 eLmen—rt RH3 X25 nen151 1 R9.11a (9) .r-1W20.t OPTION 2 sen1%; i FLSTA ONA00ER ♦5. . ' 0• 0' 7� FLAGGER it YA "' 31PACING 316N sencxxG �4 OLD /•r R9 -11a (1.) STATIbN RI...)�_ `- - — r ' iPi TOM FRONT -.. .. . gg .+-� 125 Mem to — — ` - - - _. _xr- ST. SPACING P• nNxAiWmc R11d EXHIBIT 'A' TEMECULA HOTEL & PARKING STRUCTURE PRIMECOARICTO& CMI (951) 694-0595 OAT OF ORIGINAL CITY OF TEMECULA DEPARTMENT OF PUBLIC WORK SIGN SPACING SIGN SPACING SEAL 'STAT ER { 3TATION Its NPR] TPR TRAFFIC SOLUTIONS 3R7 DURANART STREET RIVERSIDE. CA37 a� T OBS) 33F.(W0jB1351FBSW 0119, 19, CSCOnbSckR Lk. 87'313C311MR TEMPORARY TRAFFIC CONTROL PLAN NOT TO SCALE 3 _IL- 118 TEMECULA COMMUNITY SERVICES DISTRICT CONSENT Item No. 9 ACTION MINUTES October 10, 2017 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District meeting convened at 8:01 PM CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Rahn, Stewart, Comerchero CSD PUBLIC COMMENTS (None) CSD CONSENT CALENDAR Approve the Action Minutes of September 26, 2017 - Approved Staff 16 Recommendation (5-0) Motion by Edwards, Second by Stewart; and electronic vote reflected approval by Edwards, Naggar, Rahn, Stewart and Comerchero. RECOMMENDATION: 16.1 That the Board of Directors approve the action minutes of September 26, 2017. 17 Approve a Musical Services Agreement with the Inland Valley Symphony, Inc. to Bring the Symphony to the Community through Four Free Concert Events (At the Request of Mayor Pro Tem Matt Rahn) - Approved Staff Recommendation (5-0) Motion by Edwards, Second by Stewart; and electronic vote reflected approval by Edwards, Naggar, Rahn, Stewart and Comerchero. RECOMMENDATION: 17.1 That the Board of Directors approve a Musical Services Agreement with the Inland Valley Symphony, Inc., in the amount of $33,000 from the Temecula Community Services District Funding, for four musical performances and educational outreach in Fiscal Year 2017-18. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD Action Minutes 101017 1 CSD ADJOURNMENT At 8:03 PM, the Community Services District meeting was formally adjourned to Tuesday, October 24, 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 101017 2 Item No. 10 TO: FROM: DATE: SUBJECT: Approvals City Attorney Director of Finance City Manager Szer— TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT General Manager/Board of Directors Jennifer Hennessy, Director of Finance October 24, 2017 Approve Financial Statements for the 4th Quarter Ended June 30, 2017 PREPARED BY: Pascale Brown, Fiscal Services Manager RECOMMENDATION: That the Board of Directors: 1. Receive and file the Financial Statements for the 4th Quarter Ended June 30, 2017; 2. Approve appropriations for Service Level C - Zone 14 Morrison Homes in the amount of $700; Zone 24 Harveston in the amount of $4,000 and Zone 27 Avondale in the amount of $500. BACKGROUND: The attached Financial Statements reflect the unaudited activity of the Temecula Community Services District for the 4th Quarter Ended June 30, 2017. Please see the attached Financial Statements for an analytical review of financial activity. The additional appropriations are needed to cover utilities and tree rehabilitation costs that exceeded the Adopted Budget. FISCAL IMPACT: Sufficient fund balance is available in each zone to cover the additional appropriations. ATTACHMENTS: 1. Combining Balance Sheet as of June 30, 2017. 2. Statement of Revenues, Expenditures and Changes in Fund Balance — Budget and Actual for the 4th Quarter Ended June 30, 2017. TEMECULA COMMUNITY SERVICES DISTRICT ASSETS: Cash and Investments Receivables TOTAL ASSETS LIABILITIES: COMBINING BALANCE SHEET as of June 30, 2017 Parks & Recreation Service Service Level Service Level Level B C Slope D Refuse Street Lights Maintenance Recycling $ 1,964,352 $ 234,344 $ 1,497,803 $ 258,097 34,232 8,028 29,181 174,479 $ 1,998,584 $ 242,372 $ 1,526,984 $ 432,576 Other Current Liabilities $ 607,269 $ 73,323 $ 86,477 $ 4,041 TOTAL LIABILITIES DEFERRED INFLOWS OF RESOURCES: Unavailable Revenues TOTAL DEFERRED INFLOWS OF RESOURCES FUND BALANCES: 607,269 73,323 86,477 4,041 252,609 252,609 Nonspendable: Deposits - - Restricted For: Community Services 1,138,706 169,049 1,440,507 428,535 TOTAL FUND BALANCES TOTAL LIABILITIES, DEFERRED INFLOWS OF RESOURCES, and FUND BALANCES NOTE: Balances are unaudited 1,138,706 169,049 1,440,507 428,535 $ 1,998,584 $ 242,372 $ 1,526,984 $ 432,576 TEMECULA COMMUNITY SERVICES DISTRICT COMBINING BALANCE SHEET as of June 30, 2017 Service Level R Street Road Maintenance Service Level L Lake Park Maint. Intern Library Public Art Fellowship Total Program ASSETS: Cash and Investments Receivables TOTAL ASSETS LIABILITIES: Other Current Liabilities $ 25,791 $ 411,341 $ 270,349 $ 68,435 $ - $ 4,730,512 220 3,886 844 170 - 251,040 $ 26,011 $ 415,227 $ 271,193 $ 68,605 $ - $ 4,981,552 $ 2,600 $ 30,874 $ 26,360 $ - $ - $ 830,944 TOTAL LIABILITIES 2,600 DEFERRED INFLOWS OF RESOURCES: Unavailable Revenues TOTAL DEFERRED INFLOWS OF RESOURCES FUND BALANCES: Nonspendable: Deposits Restricted For: Community Services 23,411 TOTAL FUND BALANCES 23,411 30,874 26,360 - 830,944 - - - 252,609 - - - 252,609 384,353 244,833 68,605 - 3,897,999 384,353 244,833 68,605 - 3,897,999 TOTAL LIABILITIES, DEFERRED INFLOWS OF RESOURCES, and FUND BALANCES $ 26,011 $ 415,227 $ 271,193 $ 68,605 $ - $ 4,981,552 NOTE: Balances are unaudited TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL REVENUES: Special Tax (Measure C) Recreation Funding(General Fund) Recreation Program Investment Interest TOTAL REVENUES EXPENDITURES: CITYWIDE OPERATIONS for the 4th Quarter Ended June 30, 2017 Annual Amended YTD Activity Encumbrances Budget $ 1,852,879 $ 1,858,841 $ 4,273,307 $ 4,273,307 2,569,348 $ 2,526,418 1,000 9,368 Total Activity Budget - $ 1,858,841 100% - 4,273,307 100% - 2,526,418 98% - 9,368 937% (1) 8,696,534 8,667,934 - 8,667,934 100% General Operations 2,439,559 2,069,806 Senior Center 337,576 281,857 Community Recreation Center (CRC) 887,206 887,206 Recreation Programs 680,294 587,563 Temecula Community Center (TCC) 256,879 217,252 Museum 390,255 324,125 Aquatics 796,171 731,747 Sports 331,419 305,721 Children's Museum 306,242 254,113 Community Theater 1,242,945 1,199,354 Cultural Arts 344,673 283,413 Conference Center 129,913 60,233 Human Services 231,026 168,844 Margarita Recreation Center 107,005 65,208 Jefferson Recreation Center 31,382 26,904 Contract Classes 780,594 780,594 Park Rangers 237,982 237,982 Responsible Compassion 99,817 83,573 TOTAL EXPENDITURES Revenues Over/(Under) Expenditures and Transfers Beginning Fund Balance as of 7/01/2016 Ending Fund Balance as of 6/30/2017 21,962 20,014 2,091,768 86% 281,857 83% 887,206 100% 607,577 89% 217,252 85% 324,125 83% 731,747 92% 305,721 92% 254,113 83% 1,199,354 96% 283,413 82% 60,233 46% 168,844 73% 65,208 61% 26,904 86% 780,594 100% 237,982 100% 83,573 84% 9,630,938 8,565,495 41,976 8,607,471 89% (934,404) 102,439 1,036,267 1,036,267 $ 101,863 $ 1,138,706 NOTES: (1) The variance is due to the change in the fair value on investments, fluctuating interest rates, and improved cash flows. TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL B - RESIDENTIAL STREET LIGHTS for the 4th Quarter Ended June 30, 2017 Annual Amended Budget REVENUES: Total YTD Total % of Activity Activity Budget Assessments $ 641,384 $ 641,756 $ 641,756 100% Recreation Funding(General Fund) 331,396 331,396 $ 331,396 100% Investment Interest 724 $ 724 100% TOTAL REVENUES 972,780 EXPENDITURES: Salaries and Wages Street Lighting Fees Property Tax Admin Fees 973,876 973,876 100% 12,092 954,500 13,770 11,836 873,140 10,509 11,836 98% 873,140 91% 10,509 76% TOTAL EXPENDITURES 980,362 Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01/2016 Ending Fund Balance as of 6/30/2017 895,485 895,485 91% (7,582) 78,391 90,658 90,658 $ 83,076 $ 169,049 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL C - PERIMETER LANDSCAPING AND SLOPE MAINTENANCE for the 4th Quarter Ended June 30, 2017 Annual Amended Budget Total YTD Activity Encumbrances Total % of Activity Budget REVENUES: Assessments Investment Interest TOTAL REVENUES $ 1,585,107 $ 1,594,514 $ - $ 1,594,514 101% 5,873 9,711 9,711 165% 1,590,980 1,604,225 1,604,225 101% (1) EXPENDITURES: Zone 1 Saddlewood 42,926 42,786 42,786 100% Zone 2 Winchester Creek 42,374 32,813 3,228 36,041 85% Zone 3 Rancho Highlands 47,038 43,444 43,444 92% Zone 4 The Vineyards 7,910 6,663 6,663 84% Zone 5 Signet Series 38,612 36,197 36,197 94% Zone 6 Woodcrest Country 24,010 20,958 20,958 87% Zone 7 Ridgeview 21,255 19,761 19,761 93% Zone 8 Village Grove 127,368 117,711 117,711 92% Zone 9 Rancho Solana 5,044 4,444 4,444 88% Zone 10 Martinique 9,706 8,680 8,680 89% Zone 11 Meadowview 2,551 2,082 2,082 82% Zone 12 Vintage Hills 88,549 75,731 75,731 86% Zone 13 Presley Development 32,650 32,365 32,365 99% Zone 14 Morrison Homes 14,995 15,516 15,516 103% (2) Zone 15 Barclay Estates 10,098 9,887 9,887 98% Zone 16 Tradewinds 37,470 33,115 33,115 88% Zone 17 Monte Vista 2,466 2,322 2,322 94% Zone 18 Temeku Hills 96,967 92,715 92,715 96% Zone 19 Chantemar 54,258 46,291 46,291 85% Zone 20 Crowne Hill 176,615 159,869 159,869 91% Zone 21 Vail Ranch 227,132 198,252 198,252 87% Zone 22 Sutton Place 4,665 1,558 1,558 33% Zone 23 Pheasent Run 8,275 7,633 7,633 92% Zone 24 Harveston 155,291 159,248 159,248 103% (2) Zone 25 Serena Hills 43,665 42,915 42,915 98% Zone 26 Gallery Tradition 2,490 2,049 2,049 82% Zone27Avondale 8,993 9,125 9,125 101% (2) Zone 28 Wolf Creek 217,126 198,241 198,241 91% Zone 29 Gallery Portrait 3,325 2,307 2,307 69% TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01/2016 Ending Fund Balance as of 6/30/2017 1,553,824 1,424,678 37,156 179,547 1,260,960 1,260,960 $ 1,298,116 $ 1,440,507 3,228 1,427,906 92% NOTES: (1) The variance is due to the change in the fair value on investments, fluctuating interest rates, and improved cash flows. (2) The variance is due to higher utilities and tree rehabilitation cost than expected. An increase in appropriation is included with the 4th Quarter financial statements. TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL D - REFUSE COLLECTION, RECYCLING & STREET SWEEPING for the 4th Quarter Ended June 30, 2017 Annual Amended Budget Total YTD Activity Encumbrances Total Activity % of Budget REVENUES: Assessments $ 7,576,018 $ 7,586,166 $ - $ 7,586,166 100% Recycling Program/Grant 45,246 45,286 - 45,286 100% Investment Interest 1,000 8,203 - 8,203 820% (1) TOTAL REVENUES EXPENDITURES: Salaries and Wages Department of Conservation Grant Refuse Hauling Operating Expenditures 7,622,264 7,639,655 7,639,655 100% 108,212 107,266 - 107,266 99% 74,054 44,015 - 44,015 59% (2) 7,494,862 7,499,062 - 7,499,062 100% 59,750 28,988 7,755 36,743 61% TOTAL EXPENDITURES 7,736,878 7,679,331 7,755 7,687,086 99% Revenues Over/(Under) Expenditures (114,614) (39,676) Beginning Fund Balance as of 7/01/2016 468,211 468,211 Ending Fund Balance as of 6/30/2017 $ 353,597 $ 428,535 NOTES: (1) The variance is due to the change in the fair value on investments, fluctuating interest rates, and improved cash flows. (2) The variance in conservation grant is due to less activity than expected during this fiscal year. This remaining balance is carried forward to Fiscal Year 2017-18. TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL R - STREETS AND ROADS for the 4th Quarter Ended June 30, 2017 REVENUES: Assessments Investment Interest Annual Total YTD Total % of Amended Activity Encumbrances Activity Budget Budget $ 5,532 $ 5,561 $ - 5,561 101% 100 184 - 184 184% (1) TOTAL REVENUES 5,632 EXPENDITURES: 5,745 - 5,745 102% Emergency Street Maintenance 9,690 4,610 - 4,610 48% Property Tax Admin Fees 153 152 - 152 99% TOTAL EXPENDITURES 9,843 4,762 - 4,762 48% (2) Revenues Over/(Under) Expenditures (4,211) 983 Beginning Fund Balance as of 7/01/2016 22,428 22,428 Ending Fund Balance as of 6/30/2017 $ 18,217 $ 23,411 NOTES: (1) The variance is due to the change in the fair value on investment as well as fluctuating interest rates. (2) The variance is due to less than expected Emergency Street Maintenance. TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL L - LAKE PARK MAINTENANCE for the 4th Quarter Ended June 30, 2017 Annual Amended Total YTD Budget Activity Encumbrances Total % of Activity Budget REVENUES: Assessments $ 237,104 $ 225,567 $ - $ 225,567 95% Harveston Lake Boat Fees 4,300 4,307 - 4,307 100% Recovery of Prior Year Expense - 4,116 4,116 100% Investment Interest 1,500 2,509 - 2,509 167% (1) TOTAL REVENUES EXPENDITURES: Salaries and Wages Operating Expenditures TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01/2016 Ending Fund Balance as of 6/30/2017 242,904 236,499 236,499 97% 23,187 11,472 - 11,472 49% 222,258 152,197 5,541 157,738 71% 245,445 163,669 5,541 169,210 69% (2) (2,541) 72,830 311,523 311,523 $ 308,982 $ 384,353 NOTES: (1) The variance is due to the change in the fair value on investment as well as fluctuating interest rates. (2) The variance is due to less than anticipated Lake Park maintenance during this fiscal year. TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL TEMECULA LIBRARY for the 4th Quarter Ended June 30, 2017 REVENUES: Library Services Recreation Funding(General Fund) Investment Interest TOTAL REVENUES EXPENDITURES: Salaries and Wages Operating Expenditures TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01/2016 Ending Fund Balance as of 6/30/2017 Annual Total YTD Total % of Amended Activity Encumbrances Activity Budget Budget $ 112,925 $ 122,499 $ 549,542 549,542 2,000 2,022 664,467 674,063 - $ 122,499 108% - 549,542 100% - 2,022 101% - 674,063 101% 53,706 52,681 - 52,681 98% 769,210 653,218 9,115 662,333 86% 822,916 705,899 9,115 715,014 87% (158,449) (31,836) 276,669 276,669 $ 118,220 $ 244,833 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL PUBLIC ART for the 4th Quarter Ended June 30, 2017 Annual Amended Total YTD Total % of Budget Activity Activity Budget REVENUES: Public Art Revenues $ 19,858 $ 25,445 $ 25,445 128% (1) Operating Transfer In 14,582 14,582 14,582 100% Investment Interest - 371 371 100% TOTAL REVENUES 34,440 40,398 40,398 117% Other Financing Sources (Uses): Other Outside Services 37,500 - - 0% (2) Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2016 (3,060) 40,398 28,207 28,207 Ending Fund Balance as of 6/30/2017 $ 25,147 $ 68,605 NOTES: (1) The variance is due to the timing of development projects during this fiscal year. (2) The Founders' Square Memorial project has been deferred to Fiscal Year 2017-18. TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL INTERN FELLOWSHIP PROGRAM for the 4th Quarter Ended June 30, 2017 REVENUES: Investment Interest Annual Amended Budget $ Total YTD Total % of Activity Activity Budget TOTAL REVENUES - - 0% Other Financing Sources (Uses): Operating Transfer Out Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2016 Ending Fund Balance as of 6/30/2017 (9,293) (9,293) (9,293) (9,293) 9,293 9,293 $ (0) $ (0) (9,293) 100% NOTES: The intern fellowship program fund has been consolidated under the Economic Development Department. This Fund will be closed at the end of Fiscal Year 2016-17. Item No. 11 Approvals City Attorney Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Kevin Hawkins, Director of Community Services DATE: October 24, 2017 SUBJECT: Approve the Concession Services Agreement with Keith Gors dba Goodtime Rentals for Concessionaire Services at Harveston Lake Park PREPARED BY: Dawn Adamiak, Community Services Manager RECOMMENDATION: That the Board of Directors approve the Concession Services Agreement with Keith Gors dba Goodtime Rentals for Concessionaire services at Harveston Lake Park. BACKGROUND: Goodtime Rentals has successfully provided pedal boat rental services at Harveston Lake Park since 2005. Pedal boats are great for exercise and fun for the entire family. The pedal boats at Harveston Lake Park are enjoyed by residents of Temecula, neighboring areas and tourists who make Temecula a vacation destination. FISCAL IMPACT: Goodtime Rentals provides the Temecula Community Services District with quarterly payments of $250 plus 5% of the gross sales over $2,000 per month. Annual revenue is estimated to be approximately $4,000. ATTACHMENTS: Concession Services Agreement AGREEMENT FOR CONCESSION SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND KEITH GORS DBA GOODTIME RENTALS CONCESSIONAIRE SERVICES AT HARVESTON LAKE PARK THIS AGREEMENT is made and effective as of October 24, 2017, between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Keith Gors dba Goodtime Rentals (hereinafter referred to as "Concessionaire"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on November 14, 2017, and shall remain and continue in effect until tasks described herein are completed, but in no event later than November 13, 2023, unless sooner terminated pursuant to the provisions of this Agreement. Upon mutual agreement, the monthly payment and commission percentage outlined in Section 7, Payment, and Exhibit B of this Agreement may be adjusted at the beginning of each fiscal year in accordance with changes in the Consumer Price Index for all Urban Consumers in the Los Angeles - Anaheim -Riverside area using April year over year change by the United States Bureau of Labor Statistics (CPI). 2. RECITALS This agreement is made with respect to the following facts and for the following purposes, which each of the parties acknowledge to be true and correct: a. The City has constructed and/or operates the Boat House located at Harveston Lake Park. The City has complete authority and oversight of the usage, activities and business conducted at the Boat House and Harveston Lake Park. b. City desires to have a Concessionaire, and Concessionaire desires to exclusively develop, maintain and operate a pedal boat rental business utilizing the Boat House at Harveston Lake Park. c. The City has established operational standards and requirements for pedal boat rentals and usage at Harveston Lake Park. d. Concessionaire acknowledges and shall operate in accordance with City standards and requirements for providing pedal boat rentals and conducting business at the Boat House at Harveston Lake Park. e. For the exclusive right to provide and operate pedal boat rentals, and utilize the Boat House at Harveston Lake Park, Concessionaire shall pay to City a monthly fee plus a commission of gross revenue as outlined in the Agreement. 3. DEFINITIONS As used in this Agreement the following words and phrases shall be defined as follows: a. "Concessionaire Supplied Equipment" shall mean such equipment as is necessary for the providing of pedal boat rentals as required by this Agreement, except for the City Supplied Equipment. b. "City Manager" or "General Manager" shall mean the City Manager of the City of Temecula. c. "Director of Community Services" shall mean the Director of the Temecula Community Services District of the City of Temecula or his or her designee. d. "Director of Finance" shall mean the Director of Finance of the City of Temecula or his or her designee. e. "Boat House" shall mean the space constructed and/or operated at: Harveston Lake Park. f. "Gross Revenue" shall mean all the money or other things of value received by or owed to Concessionaire for pedal boat rentals pursuant to this Agreement prior to payments of expenses. g. "Indemnified Parties" shall mean the City of Temecula, the Temecula Community Services District and the Successor Agency to the Temecula Redevelopment Agency. 4. EXCLUSIVE AGREEMENT PEDAL BOAT RENTAL AT HARVESTON LAKE PARK The City hereby grants to Concessionaire an exclusive right to rent pedal boats to members of the public in accordance with the terms of this Agreement. The City reserves the right to contract with other vendors at Harveston Lake Park for special events. The City shall provide notice of each Special Event to the Concessionaire two (2) weeks prior to each Special Event. 5. MAINTENANCE OF EQUIPMENT AND PHYSICAL PLAN OF BOAT HOUSE a. The City shall provide the Boat House for the operation and rental by the Concessionaire of the pedal boats. City shall maintain the Boat House in good working order and replace such items of the Boat House when the equipment cannot be repaired; provided, however, Concessionaire shall be responsible for the repair or replacement of the Boat House, or parts thereof, damaged or destroyed by the negligent or willful acts of Concessionaire or its employees or agents, excepting normal wear and tear. Concessionaire shall clean the Boat House and surrounding area in accordance with applicable law and standard practices. b. Concessionaire shall provide such other equipment as is necessary for the providing of pedal boat rentals as required by this Agreement, except for the Boat House ("Concessionaire Supplied Equipment"). At the termination or expiration of this Agreement, the City shall have the option, but not the obligation, to purchase the Concessionaire Supplied Equipment at its then fair market value. c. All signage for the Concessionaire's pedal boat rental operation at the Boat House and, including sign content, shall be approved in writing by the General Manager prior to placement. 6. PEDAL BOAT RENTAL OPERATIONAL REQUIREMENTS In performing the services required by this Agreement, Concessionaire shall comply with the following operational requirements: a. Concessionaire shall provide pedal boat rentals at the Boat House during the following dates and times: weekends and holidays from 12:OOpm to 30 minutes prior to sunset and optional weekdays if lake attendance warrants. Additional dates and hours may be added upon the prior written approval of the Concessionaire and the General Manager. b. Prior to commencement of pedal boat rentals at the Boat House and not less than each calendar quarter thereafter the General Manager shall review and, after consulting with Concessionaire, approve the signage and quality of offerings for the Boat House. Concessionaire shall not rent any items from the Boat House without the prior written consent of the General Manager. c. General Manager shall approve in writing the pedal boat price lists, which approvals shall not be unreasonably withheld. Concessionaire's prices shall not exceed the prices on this approved list. d. Concessionaire shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Concessionaire shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar high quality pedal boat rentals as are required of Concessionaire in meeting its obligations under this Agreement. e. Concessionaire shall at its own cost and expense procure and keep in force during the term of this Agreement all necessary permits and licenses and shall require any employees and subcontractors to have all necessary permits and licenses during the course of the term of the Agreement, including, without limitation: City of Temecula business license. f. Concessionaire shall be responsible for the payment of all applicable taxes for products or services under its control, including without limitation, any possessory interest tax which might be imposed, and for the maintenance of appropriate records showing payment of taxes. Concessionaire shall pay and discharge before delinquency all taxes and assessments, if any, which may be levied during the term of the Agreement as a result of Concessionaire's operations. Concessionaire shall not permit any liens to be asserted against City's property during the term of this Agreement. g. All boaters younger than twelve years old are required to wear life jackets. All occupants are provided a personal cushion type flotation device. Safety procedures will be clearly posted and verbally explained to all users of any equipment. Safety procedures will be attached to each boat. h. Concessionaire shall train and closely supervise all employees so that they are aware of and continually practice high standards of cleanliness, courtesy and service. Concessionaire's employees shall at all times reflect personal cleanliness and neatness. Unkempt and unclean employees will not be tolerated by the City. The City shall provide written notice regarding any unkempt and unclean employees to the Concessionaire. Concessionaire's employees shall not, either by act or language, offend or disturb customers/patrons of normal sensitivity during the course of providing services at the Boat House. Concessionaire's employees shall not interfere with a program or special event presented at any City facility or park. The General Manager shall be the sole judge in the determination of such matters. j. To the extent required by law, Concessionaire's employees shall be fingerprinted and undergo the State required background check for working in a public facility or park. k. Concessionaire shall provide an adequate number of personnel to properly service and attend to the customers/patrons at the Boat House location. Concessionaire shall respond promptly to all complaints from customers/patrons and shall report to City on each complaint and the resolution thereof. If City believes a complaint to be of a serious nature, City shall notify Concessionaire in writing. Concessionaire shall respond to such notification within four (4) calendar days. m. All promotions with other pedal boat rental companies or any subcontractors shall be approved in advance and in writing by the General Manager. n. Concessionaire shall allow City Staff access to the Boat House and Concessionaire's operation as necessary or convenient to the City to insure compliance with the terms of this Agreement. 7. PAYMENT a. Concessionaire shall offer pedal boat rentals to customers/patrons and members of the public at Harveston Lake Park from the Boat House. City shall not be required to pay or otherwise compensate Concessionaire for providing pedal boat rental services at Harveston Lake Park. b. For the privilege of operating the Boat House pursuant to the terms of this Agreement, Concessionaire shall pay to the City a minimum monthly concession fee and rent of Two Hundred Fifty Dollars and No Cents ($250.00) per month plus five percent (5%) of the Gross Revenue in excess of Two Thousand Dollars and No Cents ($2,000.00). Said sum shall be paid to the City quarterly on or before October 10, January 10, April 10 and July 10 of each year for such payments due from the prior quarter and shall be accompanied by the monthly report required. At termination of agreement, this payment will be due within thirty (30) days of termination. Failure to make this payment will result in the appropriate reduction or total forfeiture of the deposit, as per Section 7.e and as determined by the General Manager. c. As used in this Agreement, "Gross Revenue" as defined in Section 3.f, sales taxes pursuant to Section 7200 et seq. of the Revenue and Taxation Code shall not be included in Gross Revenues. d. Concessionaire shall maintain a system of books and records in accordance with generally accepted accounting principles showing all Concessionaire's revenues received in connection with the rental of pedal boats pursuant to this Agreement. The General Manager shall review and approve the system of books and records and shall be authorized to require the preparation and maintenance of additional accounting records and reports. Said records shall be kept for not less than three (3) years after the expiration of the term of this Agreement and any extensions thereof. City and its authorized agents may inspect or audit such books and records at any time during regular business hours upon one (1) business days' notice. If a City audit uncovers an underreporting of Gross Revenues in the amount of five percent (5%) or more during a one-year period, Concessionaire shall pay the City's costs in performing the audit. e. Concessionaire shall keep in deposit in a local bank, or savings and loan company having F.D.I.C., or F.S.L.I.C., in favor of the City of Temecula, the amount of One Thousand Dollars and No Cents ($1,000.00). If Concessionaire defaults in payments to the City of any of the terms, provisions, covenants and conditions of this Agreement, City may use, apply, or retain the whole or any part of this security for any payment due to the City of any expenses or payment in default or for any other sum which the City may spend or be required to spend by reason on Concessionaire's default. The security deposit or any balance remaining of the security deposit, less any deductions per this subsection, shall be returned to Concessionaire, within fourteen (14) days of the termination or expiration of this Agreement. In the event City uses part or all of the security deposit as provided herein, Concessionaire shall replenish the security deposit in the amount used with ten (10) days of notice from City. City may require, at any time that the security deposit be increased in proportion to the amount that minimum monthly rent or payment has increased. 8. TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, terminate this Agreement, or any portion hereof, by serving upon the Concessionaire at least ninety (90) calendar days' prior written notice. Upon receipt of said notice, the Concessionaire shall continue to provide the services required by this Agreement, unless the notice provides otherwise. b. Concessionaire may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the City at least ninety (90) calendar days' prior written notice. Upon receipt of said notice, the Concessionaire shall continue to provide the services required by this Agreement, unless the General Manager otherwise agrees in writing. c. In the event this Agreement is terminated pursuant to this Section, the Concessionaire shall pay to the City the amounts which may be due to the City under this Agreement through the time of termination. 9. DEFAULT OF CONCESSIONAIRE a. The Concessionaire's failure to comply with the provisions of this Agreement shall constitute a default. b. If the General Manager determines that Concessionaire is in default in the performance of any of the terms or conditions of this Agreement, he or she shall serve the Concessionaire with written notice of the default. Concessionaire shall have (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 Concessionaire 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 or suspend this Agreement without further notice and without prejudice to any other remedy to which it may be entitles at law, in equity or under this Agreement. c. In the event the General Manager determines that Concessionaire's default poses an immediate risk to the health or safety of customers, patrons or members of the public, the Boat House or any facility, park or event, he/she may suspend the Agreement without prior written notice to Concessionaire. Upon such immediate suspension, the General Manager shall initiate the default procedures set forth in this Section. d. The City and Concessionaire agree that waiver by the City or Concessionaire of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. 10. INDEMNIFICATION The Concessionaire 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 Concessionaire'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. 11. INSURANCE REQUIREMENTS Concessionaire 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 Concessionaire, its agents, representatives, or employees. a. as: 11 85 or 88. Minimum Scope of Insurance. Coverage shall be at least as broad 1) Insurance Services Office Commercial General Liability Form No. CG 00 01 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Concessionaire 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 Concessionaire has no employees while performing under this Agreement, worker's compensation insurance is not required, but Concessionaire shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Concessionaire shall maintain limits no less than: 1) General Liability: Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions shall not exceed Twenty -Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Concessionaire; products and completed operations of the Concessionaire; premises owned, occupied or used by the Concessionaire; or automobiles owned, leased, hired or borrowed by the Concessionaire. 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 Concessionaire'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 Concessionaire'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 Concessionaire'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 Concessionaire 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. Concessionaire 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 Concessionaire's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 12. INDEPENDENT CONTRACTOR a. Concessionaire 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 Concessionaire shall at all times be under Concessionaire's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Concessionaire or any of Concessionaire's officers, employees, or agents except as set forth in this Agreement. Concessionaire 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. Concessionaire 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 Concessionaire in connection with the performance of this Agreement. Except for the fees paid to Concessionaire as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Concessionaire for performing services hereunder for City. City shall not be liable for compensation or indemnification to Concessionaire for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Concessionaire 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 Concessionaire 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 Concessionaire to comply with this section. 14. RELEASE OF INFORMATION a. All information gained by Concessionaire in performance of this Agreement shall be considered confidential and shall not be released by Concessionaire without City's prior written authorization. Concessionaire, 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 Concessionaire gives City notice of such court order or subpoena. b. Concessionaire shall promptly notify City should Concessionaire, 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 Concessionaire and/or be present at any deposition, hearing or similar proceeding. Concessionaire agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Concessionaire. 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. 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 To Concessionaire: Keith Gors 31500 Grape Street, Box #346 Lake Elsinore, CA 92352 16. ASSIGNMENT The Concessionaire 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, Concessionaire'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 Concessionaire. 17. GOVERNING LAW The City and Concessionaire understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Concessionaire, or Concessionaire's sub -contractors for this project, during his/her tenure or for one year thereafter. The Concessionaire 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 Concessionaire or Concessionaire's sub -contractors on this project. Concessionaire further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Concessionaire warrants and represents that he or she has the authority to execute this Agreement on behalf of the Concessionaire and has the authority to bind Concessionaire 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 KEITH GORS DBA GOODTIME RENTALS 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 Keith Gors, Owner ATTEST: By: Randi Johl, Secretary APPROVED AS TO FORM: By: Peter M. Thorson, General CONCESSIONAIRE Counsel Keith Gors dba Goodtime Rentals 31500 Grape Street, Box #346 Lake Elsinore, CA 92352 951-662-3141 PM Initials:, ; . Date: (- EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: Concessionaire's sole service is to rent pedal boats for use on Harveston Lake operating out of the Boat House at Harveston Lake Park as outlined in Section 6 of this agreement. EXHIBIT B Payment Rates and Schedule Concessionaire shall pay to the City a minimum monthly concession fee and rent of Two Hundred Fifty Dollars and No Cents ($250.00) per month plus five percent (5%) of the Gross Revenue in excess of Two Thousand Dollars and No Cents ($2,000.00). Said sum shall be paid to the City quarterly on or before October 10, January 10, April 10 and July 10 of each year for such payments due from the prior quarter and shall be accompanied by the monthly report required. At termination of agreement, this payment will be due within thirty (30) days of termination. SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY CONSENT Item No. 12 Approvals City Attorney Director of Finance City Manager THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Board of Directors FROM: Jennifer Hennessy, Director of Finance DATE: October 10, 2017 SUBJECT: Receive and File Financial Statements for the 4th Quarter Ended June 30, 2017 PREPARED BY: Rudy J. Graciano, Fiscal Services Manager RECOMMENDATION: That the Board of Directors receive and file the Financial Statements for the 4th Quarter Ended June 30, 2017. BACKGROUND: The attached Financial Statements reflect the unaudited activity of the Successor Agency to the Temecula Redevelopment Agency for the 4th Quarter ended June 30, 2017. Please see the attached Financial Statements for analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: 1. Statement of Fiduciary Net Assets as of June 30, 2017 2. Statement of Changes in Fiduciary Net Assets -for the 4th Quarter Ended June 30, 2017. SARDA STATEMENT OF FIDUCIARY NET POSITION As of June 30, 2017 Successor Agency to the Former RDA ASSETS: Cash and Investments $ 3,584,944 Receivables 14,510 Land Held for Resale 98,484 Restricted Cash and Investments with Fiscal Agent 16,787,166 Land 3,819,108 Property, Plant, and Equipment (net of accumulated depreciation) 28,021,434 TOTAL ASSETS $ 52,325,646 LIABILITIES: Accounts Payable $ 20,000 Advances from City-SERAF 5,250,954 Accrued Interest Payable 1,630,091 Bonds Payable and Discount 81,164,324 TOTAL LIABILITIES 88,065,369 NET POSITION/(DEFICIT): TOTAL NET POSITION/(DEFICIT) (35,739,723) (1) Note: Amounts are unaudited (1) The deficit balance is primarily attributed to SARDA long term debt, which will be reduced when future revenues are received and matched with their annual debt service payments. SARDA STATEMENT OF CHANGES IN FIDUCIARY NET POSITION For the 4th Quarter Ending June 30, 2017 Successor Agency to the Former RDA ADDITIONS: Investment Earnings $ 80,188 Reimbursement 313,278 Property Tax Distribution 7,303,396 TOTAL ADDITIONS 7,696,862 DEDUCTIONS: Abbott OPA 90,274 Affordable Housing Obligations 305,000 Debt Service - Interest 4,743,923 Depreciation 1,179,997 Operations 15,455 Operating Transfers Out 250,000 TOTAL DEDUCTIONS 6,584,649 Change in Net Position Net Position/(Deficit) as of July 1, 2016 Net Position/(Deficit) as of June 30, 2017 Note: Amounts are unaudited 1,112,213 (36,851,936) $ (35,739,723) (1) (1) The deficit balance is primarily attributed to SARDA long term debt, which will be reduced when future revenues are received and matched with their annual debt service payments. CITY COUNCIL PUBLIC HEARING Item No. 13 Approvals City Attorney Director of Finance City Manager Mr - CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: October 24, 2017 SUBJECT: Approve Assembly Bill (AB) 1600 Financial Reports — Development Impact Fee Expenditures PREPARED BY: Pascale Brown, Accounting Manager RECOMMENDATION: That the City Council approve the AB 1600 Financial Reports for Fiscal Year Ending June 30, 2017. BACKGROUND: Government Code Sections 66006 requires that an accounting of the Development Impact Fees be made public and the information reviewed in a regularly scheduled public hearing. The Legislature finds and declares that the timely and proper allocation of development fees promotes economic growth and is, therefore, a matter of statewide interest and concern. Annually, the City Finance Department staff compiles a report of expenditures made with the Development Impact Fees collected and interest accrued during the year. Staff has compiled the AB 1600 Report for this purpose and recommends acceptance and approval of the report of expenditures made with the Development Impact Fees after hearing public testimony. FISCAL IMPACT: Monies must be used within five years for specified purposes or returned to the developer. All funds are programmed to be spent in accordance with the Fiscal Years 2018-2022 Capital Improvement Program adopted June 13, 2017, by the City Council. ATTACHMENTS: 1. Summary of Development Impact Fees 2. AB 1600 Financial Reports City of Temecula Summary of Development Impact Fees Fiscal Year 2016-17 Development Impact Fee Fund Beginning Fund Fees Balance Collected Interest Ending Fund Earned Expenditures Balance Capital Improvement Projects FY16-17 % Funded Expenditures Complete with DIFs Open Space Land Acquisition 393,402 84,484 6,027 (26,948) 456,965 Bike Lanes- Citywide 26,948 10% 100% Street Improvements 2,781,257 888,081 14,956 (2,550,276) 1,134,018 210.165.602 Overland Drive Extension 210.165.622- Medians and Parkways 210.165.648 - Murrieta Creek Bridge © Overland 210.165.743 - Main Street Bridge 500,000 122,906 236,025 1,691,345 15% 72% 1% 100% 96% 100% 43% 39% 0% Traffic Signals & Traffic Control System; 84,205 84 (181,956) 6,380 210.165.682- Traffic Signal Installation- Citywide 181,9 100% 100% Park & Recreation Improvements 1,938,155 517,793 12,951 (1,486,944) 981,955 210.190.120- Playground Equipment Enhancements 210.165-759- YMCA 210.165.763 Development Reimbursements 50,000 8,063 1,428,881 5% 66% 1% 2% 90% 100% Corporate Facilities 46,342 121,302 1,608 (47,351) 1,901 210.165.765- Emergency Operations Center Fire Protection Facilities 95,360 65,705 2,153 163,218 Library 781 GIN 9- 10 6 '1 1,Q 808,726 210.190.153- Library Parking - Phase II Mr 121,000 1.1111 1 Police Facilities 614,316 68,266 4,572 (340,455) 346,699 210.165.522 Emergency Vehicle 210.165.711 Citywide Surveillance Cameras 196,455 100% 100% 144,000 20% 56% 6,734,184 1,987,591 53,017 (4,754,930) 4,019,862 4,754,930 City of Temecula Attachment No. 1 - OPEN SPACE LAND ACQUISITIONS Government Code 66000 Calculation FY 2016-17 The impact fees for Open Space Land Acquisitions are based on the cost of land needed to maintain the City's existing ratio of open space acreage to population. Because these fees are population driven, they apply only to residential development. The fee is $680.00 per residential attached unit (condominium, apartment, townhouse, and duplex), and $949.15 per residential detached unit (single family), payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2016-17 Ending Fund Balance Revenues & Other Sources: Bike Lanes- Citywide $ 84,484 $ 6,027 10.00% Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources $ 26,948 $ 90,511 Expenditures & Other Uses: $ 26,948 Capital Projects Transfers Out Total Uses $ 26,948 Total Available $ 393,402 $ 63,563 $ 456,965 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2017 Previous Years Revenues Revenues Collected from FY2013-14 Revenues Collected from FY2014-15 Revenues Collected from FY2015-16 Revenues Collected from FY2016-17 $ 130,417 $ 103,551 $ 132,486 $ 90,511 Total Ending Fund Balance $ 456,965 Result : Five year spent test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2016-17 % Complete % Funded With Fee Bike Lanes- Citywide $ 26,948 10.00% 100.00% Total $ 26,948 City of Temecula Attachment No. 2 - STREET IMPROVEMENTS Government Code 66000 Calculation FY 2016-17 The fees are collected based on the total cost of such improvements and number of peak hour vehicle trips generated by future development. The fee is $1,381.14 per residential attached unit (condominium, apartment, townhouse, and duplex), $1,973.04 per residential detached unit (single family), and $2.70-$7.54 per square foot of floor area for commercial development, payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2016-17 Ending Fund Balance Revenues & Other Sources: $ - $ 888,081 $ 14,956 $ - Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources Revenues Collected from FY2016-17 $ 903,037 Total Ending Fund Balance Expenditures & Other Uses: $ 236,025 $ 2,550,276 43.00% Capital Projects Transfers Out Total Uses 100.00% $ 2,550,276 Total $ 2,550,276 Total Available $ 2,781,257 $ (1,647,239) $ 1,134,018 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2017 Previous Years Revenues $ - Revenues Collected from FY2013-14 $ - Revenues Collected from FY2014-15 $ - Revenues Collected from FY2015-16 $ 230,981 Revenues Collected from FY2016-17 $ 903,037 Total Ending Fund Balance $ 1,134,018 Result : Five year sent test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2016-17 % Complete % Funded With Fee 210.165.602 Overland Drive Extension $ 500,000 15.00% 96.00% 210.165.622- Medians and Parkways $ 122,906 72.00% 100.00% 210.165.648 - Murrieta Creek Bridge @ Overland $ 236,025 1.00% 43.00% 210.165.743 - Main Street Bridge $ 1,691,345 100.00% 39.00% Total $ 2,550,276 City of Temecula Attachment No. 3 - TRAFFIC SIGNALS AND TRAFFIC CONTROL SYSTEMS Government Code 66000 Calculation FY 2016-17 The fees are collected based on the total cost of such improvements and number of peak hour vehicle trips generated by future development. The fee is $195.50 per residential attached unit (condominium, apartment, townhouse, and duplex), and $279.30 per residential detached unit (single family), and $0.40- $1.07 per square foot of floor area from commercial development, payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2016-17 Ending Fund Balance Revenues & Other Sources: $ - $ 104,047 $ 84 $ - Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources Revenues Collected from FY2016-17 $ 104,131 Total Ending Fund Balance Expenditures & Other Uses: $ 181,956 Capital Projects Transfers Out Total Uses $ 181,956 Total Available $ 84,205 $ (77,825) $ 6,380 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2017 Previous Years Revenues $ - Revenues Collected from FY2013-14 $ - Revenues Collected from FY2014-15 $ - Revenues Collected from FY2015-16 $ - Revenues Collected from FY2016-17 $ 6,380 Total Ending Fund Balance $ 6,380 Result : Five year spent test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2016-17 % Complete % Funded With Fee 210.165.682- Traffic Signal Installation- Citywide $ 181,956 Total $ 181,956 100.00% 100.00% City of Temecula Attachment No. 4 - PARK and RECREATION IMPROVEMENTS Government Code 66000 Calculation FY 2016-17 The fees are collected for park improvements based on the cost of improvements needed to maintain the City's existing ratio of improved park acreage to population. The fee for recreation facilities is based on the existing ratio of facility replacement cost to population. Because the fees are population driven, it only applies to residential developments. The fee is $2,332.93 per residential attached unit (condominium, apartment, townhouse, and duplex), and $3,256.38 per residential detached unit (single family), payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2016-17 Ending Fund Balance Revenues & Other Sources: $ - $ 517,793 $ 12,951 $ - Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources Revenues Collected from FY2016-17 $ 530,744 Total Ending Fund Balance Expenditures & Other Uses: $ 1,486,944 Capital Projects Transfers Out Total Uses $ 1,486,944 Total Available $ 1,938,155 $ (956,200) $ 981,955 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2017 Previous Years Revenues $ - Revenues Collected from FY2013-14 $ - Revenues Collected from FY2014-15 $ - Revenues Collected from FY2015-16 $ 451,211 Revenues Collected from FY2016-17 $ 530,744 Total Ending Fund Balance $ 981,955 Result : Five ear s ent test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2016-17 Complete Funded With Fee 210.190.120- Playground Equipment Enhancements 210.165-759- YMCA 210.165.763 Development Reimbursements $ 50,000 $ 8,063 $ 1,428,881 Total $ 1,486,944 5.00% 1.00% 90.00% 66.00% 2.00% 100.00% City of Temecula Attachment No. 5 - CORPORATE FACILITIES Government Code 66000 Calculation FY 2016-17 Fees are collected for City administrative and maintenance facilities. The need for future space at the Civic Center is due to the demand of services housed at the Civic Center. The need for maintenance facilities is due to an increase in street and park maintenance. The fee is $287.01 per residential attached unit (condominium, apartment, townhouse, and duplex), $535.30 per residential detached unit (single family), and $0.17-$0.52 per square foot of floor area for commercial developments, payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2016-17 Ending Fund Balance Revenues & Other Sources: 210.165.765- Emergency Operations Center $ 121,302 $ 1,608 30.00% Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources $ 47,351 $ 122,910 Expenditures & Other Uses: $ 47,351 Capital Projects Transfers Out Total Uses $ 47,351 Total Available $ 46,342 $ 75,559 $ 121,901 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2017 Previous Years Revenues Revenues Collected from FY2013-14 Revenues Collected from FY2014-15 Revenues Collected from FY2015-16 Revenues Collected from FY2016-17 Total Ending Fund Balance $ 121,901 Result : Five year spent test met in accordance with Government Code 66001. Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2016-17 % Complete % Funded With Fee 210.165.765- Emergency Operations Center $ 47,351 30.00% 64.00% Total $ 47,351 City of Temecula Attachment No. 6 - FIRE PROTECTION FACILITIES Government Code 66000 Calculation FY 2016-17 Fees are collected to provide future fire protection facilities and apparatus. The fee is $314.23 per residential attached unit (condominium, apartment, townhouse, and duplex), $677.19 per residential detached unit (single family), and $0.11-$0.17 per square foot of floor area for commercial developments, payable at the time of issuance of building permit. The fee is adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2016-17 Ending Fund Balance Revenues & Other Sources: $ - $ 65,705 $ 2,153 $ - Developer Fees Interest Income Contributions from Property Owners Total Sources Revenues Collected from FY2016-17 $ 67,858 Total Ending Fund Balance Expenditures & Other Uses: $ - Capital Projects Transfers Out Total Uses $ - Total Available $ 95,360 $ 67,858 $ 163,218 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2017 Previous Years Revenues $ - Revenues Collected from FY2013-14 $ - Revenues Collected from FY2014-15 $ - Revenues Collected from FY2015-16 $ 95,360 Revenues Collected from FY2016-17 $ 67,858 Total Ending Fund Balance $ 163,218 Result : Five ear sent test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2016-17 % Complete % Funded With Fee Total $ - City of Temecula Attachment No. 7- LIBRARY Government Code 66000 Calculation FY 2016-17 Fees are collected to provide future facilities and materials. Because these fees are population -driven, they apply only to residential development. The fee is $621.38 per residential attached unit (condominium, apartment, townhouse, and duplex), and $867.32 per residential detached unit (single family), payable at the time of issuance of building permit. The fee is adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2016-17 Ending Fund Balance Revenues & Other Sources: $ 137,567 $ 137,913 $ 10,666 $ 309,780 Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources Revenues Collected from FY2016-17 $ 148,579 Total Ending Fund Balance Expenditures & Other Uses: $ 121,000 Capital Projects Transfers Out Total Uses $ 121,000 Total Available $ 781,147 $ 27,579 $ 808,726 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2017 Previous Years Revenues $ - Revenues Collected from FY2013-14 $ 137,567 Revenues Collected from FY2014-15 $ 309,780 Revenues Collected from FY2015-16 $ 212,800 Revenues Collected from FY2016-17 $ 148,579 Total Ending Fund Balance $ 808,726 Result : Five ear sent test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2016-17 % Complete % Funded With Fee 210.190.153- Library Parking - Phase II $ 121,000 60.00% 100.00% Total $ 121,000 City of Temecula Attachment No. 8 - POLICE FACILITIES Government Code 66000 Calculation FY 2016-17 Fees are collected to provide future space for police facilities and equipment. The fee is $504.46 per residential attached unit (condominium, apartment, townhouse, and duplex), $285.12 per residential detached unit (single family), and $0.06-$0.28 per square foot of floor area for commercial development, payable at the time of issuance of a building permit. The fee is adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2016-17 Ending Fund Balance Revenues & Other Sources: 210.165.522 Emergency Vehicle 210.165.711 Citywide Surveillance Cameras $ 68,266 $ 4,572 100.00% 20.00% Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources $ 340,455 $ 72,838 Expenditures & Other Uses: $ 340,455 Capital Projects Transfers Out Total Uses $ 340,455 Total Available $ 614,316 $ (267,617) $ 346,699 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2015 Previous Years Revenues Revenues Collected from FY2013-14 Revenues Collected from FY2014-15 Revenues Collected from FY2015-16 Revenues Collected from FY2016-17 $ 94,943 $ 76,548 $ 102,370 $ 72,838 Total Ending Fund Balance $ 346,699 Result : Five year spent test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2016-17 % Complete % Funded With Fee 210.165.522 Emergency Vehicle 210.165.711 Citywide Surveillance Cameras $ 196,455 $ 144,000 100.00% 20.00% 100.00% 56.00% Total $ 340,455 Item No. 14 CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Manager/City Council FROM: Luke Watson, Director of Community Development DATE: October 24, 2017 SUBJECT: Proposed changes to Accessory Dwelling Unit Ordinance ..-/-em .1 Ry Following the initial proposed standards for Accessory Dwelling Units, trailer legislation (SB 229) was approved by the Governor in order to clarify ambiguous language resulting from the previously approved legislation. The proposed changes are relatively minor and primarily focus on clarifying the parking requirements for Accessory Dwelling as follows: • Limits the required parking to one parking space per accessary dwelling unit. May be provided as tandem parking on a driveway. • Does not allow the City to require the replacement of `covered' off-street parking, if the covered parking is lost in conjunction with a garage conversion into an Accessory Dwelling Unit. The Government Code only allows the City to require the replacement of lost off-street parking resulting from a garage conversion, in any configuration and within the setback areas. This proposed changes are also reflected in the attached red-line/strikeout version of the Ordinance. ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTERS 17.06, 17.24 AND 17.34 OF THE TEMECULA MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS, AND MAKING A FINDING OF EXEMPTION UNDER PUBLIC RESOURCES CODE SECTION 21080.17 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Subsection S ("S" Definitions and Illustrations) of Section 17.34.010 of Chapter 17.34 (Definitions of terms) of Title 17 (Zoning) is hereby amended to delete the definition of "Secondary Dwelling Unit". Section 2. Subsection A ("A" Definitions and Illustrations) of Sectionl 7.34.010 of Chapter 17.34 (Definitions of terms) of Title 17 (Zoning) is hereby amended to add the definiton of "Accessory Dwelling Unit" in alphabetical order to read as follows, with all other definitions remaining unchanged: "Accessory dwelling unit" means an attached or detached residential dwelling unit on a lot with an existing single-family residence (primary residence) that provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel that the single-family dwelling is situated. "Accessory dwelling unit" includes an "Efficiency Unit" as defined in Health and Safety Code Section 17958.1 and a "Manufactured Home" as defined in Health and Safety Code Section 18007. Section 3. Table 17.24.040 of Section 17.24.040 (Parking Requirements) of Chapter 17.24 (Off -Street Parking and Loading) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended so that "Second unit" is renamed "Accessory Dwelling Unit" and is amended to read as follows: Accessory Dwelling Unit The following parking shall be provided, except as as otherwise provided in Section 17.06.050(L)(7): 1 covered parking spaceer accessory dwelling unit or per bedroom shall be FeEt d 4 `r-2 d nits r I ,s, an4 Gevered parking spaces—f-op--3—becifeenzt r-mrep rov d e t_ h i h er is less. Tbparkin space may be provided as tandems parking on a driveway. Section 4. Table 17.06.030 of Section 17.06.030 (Use Regulations) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows: Description of Use HR RR VL L-1 L-2 LM M P i. H -11 HR - SM J P Accessory dwelling units P P P ,P P P Notes: 11. Legal nonconforming single family residences will be permitted to construct accessory dwelling units if they meet the requirements of this Section 17.06.050(L). Section 5. Subsection L of Section 17.06.050 (Special use standards and regulations) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows: "L. Accessory Dwelling Units, 1. Application Requirements. Applications for accessory dwelling units shall be completed in accordance with Section 17.03.030 of this Development Code. The application for the accessory dwelling unit permit must be signed by the owner(s) of the parcel of land and the primary residence. 2. General Standards. Accessory dwelling units are permitted in all residential zoning districts where there is a proposed or an existing owner -occupied single-family detached dwelling. In accordance with state law, an accessory dwelling unit shall be considered a residential use and shall not be considered to exceed the allowable density for the lot upon which it is permitted. Only one accessory dwelling unit shall be permitted on any one lot. Any accessory dwelling unit that meets the standards set forth in this Subsection L shall be approved by the Community Development Director. 3. Size Restrictions. An accessory dwelling unit shall not exceed 50% of the area of the proposed or existing primary residence, or 1,200 square feet, whichever is smaller. The accessory dwelling shall not be smaller in size than an "efficiency unit" as defined in Section 17958.1 of Health and Safety Code. 4. Design. The accessory dwelling unit shall have the same design, architecture, and materials of the primary residence and the surrounding neighborhood in terms of height, mass, landscaping, and architectural materials. 5. Transfer. An accessory dwelling unit shall not be sold, transferred, or assigned separately from the primary residence, but may be rented. The accessory dwelling unit shall not be used for short term rentals for less than thirty days. 6. OccuRequired. The property owner must occupy either the primary residence or the accessory dwelling unit. Within thirty (30) days of the issuance of a building permit for an accessory dwelling unit pursuant to this Subsection L, the owner of record shall record a covenant, in a form satisfactory to the City Attorney, which shall place future buyers on notice of the maximum size of the accessory dwelling unit as set forth in this Subsection L, the required amount of off street parking to be provided for the accessory dwelling unit, that the accessory dwelling unit may not be sold, transferred or assigned separately from the primary dwelling unit, that the accessory dwelling unit may not be used for short term rentals for less than thirty days, and that such restrictions shall run with the land and be binding upon all future owners. The covenant shall be recorded in the official records of the County of Riverside, and a copy of the covenant shall be filed with the office of the City Clerk. 7. Parking Requirements: a. Parking for the accessory dwelling unit shall be provided in accordance with the off-street parking standards in Chapter 17.24, except that the parking space for the accessory dwelling unit may be located in setback areas or through tandem parking, unless the Community Development Director makes findings that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions i e -i - e ise iri b. Notwithstanding the foregoing requirements, no additional parking space is required for an accessory dwelling unit that satisfies any of the following: 1. It is located within one-half mile of an active public transit stop; 2. It is located within an architecturally and historically significant district; 3. It is part of ibe a proposed ci existing primary residence or an existing accessory structure; 4. It is located within one block of a car share vehicle; or 5. It is located in an area where the City requires on -street parking permits but does not offer the permits to the accessory dwelling unit occupant. c. If a garage, carport, or covered parking structure is demolished or corconverted in conjunction with the construction of the accessory dwelling unit, the off-street parking spaces lost as a result of the demolition shall be replaced on-site. The replacement parking spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. w * n o Y1 ei r conjunetico l w tl h e e- a+ ascs ry-- wetti r ni-t-4t-Feet -rknga e as a result of the conversion shall be replaced on-site for the primary residence based on the--FeEMIFFRentS-s 8. Setbacks. An accessory dwelling unit must comply with all setback requirements applicable to the primary dwelling unit except under the following conditions: a. No setback shall be required for an existing garage that is converted to an accessory dwelling unit. b. If an accessory dwelling unit is constructed above a garage, the required side and rear setbacks shall be a minimum of five feet from the side and rear lot lines. 9. Utilities. The accessory dwelling unit shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the primary dwelling unit and need not be a separate set of services. 10. Historic Resources. Any accessory dwelling unit that has the potential to adversely impact any historical resource listed on the National Register or the California Register of Historic Places, shall be designed and constructed in accordance with the "Secretary Of The Interior's Standards For The Treatment Of Historic Properties With Guidelines For Preserving, Rehabilitating, Restoring, And Reconstructing Historic Buildings" found at 36 CFR 68.3, as amended from time to time. 11. Conversion of Exisinq Space of a Residence or Accessory Structure: In accordance with State law, and notwithstanding any other provision of this Section, the Community Development Director shall ministerially approve an accessory dwelling unit that satisfies all of the following requirements: a. It is located on a lot zoned single-family residential; b. It is the only accessory dwelling unit on the lot; c. It is contained within the existing space of an existing residence or accessory structure; d. It has independent exterior access; and e. It has side and rear setbacks sufficient for fire safety." Section 6. Table 17.06.050A of Subsection D (Accessory Structures and Uses.) of Section 17.06.050 (Special use standards and regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to rename "Detached second unit" as "Accessory dwelling unit" and to add footnote "6" to read as follows: Accessory Structure Accessory dwelling unit Front Yard Not permitted in actual front yard unless it complies with Section 17.06.050(L)(11)4 6 Rear Yard Interior Side Yard Refer to rear yard setbacks in Table 17.06.0406 Notes 6: The setback requirements will apply except as follows: Refer to the side yard setbacks in Table 17.06.0406 A. For an accessory dwelling unit that is constructed above an existing garage, the minimum setback from all property lines is five feet. B. For an accessory dwelling unit that is converted from an existing garage, no additional setbacks beyond the existing garage setback shall be required, except as may be required by the local building and fire codes. Section 7. CEQA. This Ordinance was analyzed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City Council finds that adoption of the Ordinance is exempt from CEQA pursuant to Public Resources Code Section 21080.17, which provides that CEQA "does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 or 65852.2 of the Government Code." This Ordinance is adopted to implement recent changes in Government Code Section 65852.2, and thus is exempt from CEQA's environmental review requirements. Section 8. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 9. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 10. Effective Date. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of October, 2017. ATTEST: Randi Joh!, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Maryann Edwards, Mayor 1, 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 24th day of October, 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 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Director of Community Development DATE: October 24, 2017 SUBJECT: Approve an Amendment to Chapters 17.06, 17.24, and 17.34 of the Temecula Municipal Code Regulating Accessory Dwelling Units 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 CHAPTERS 17.06, 17.24 AND 17.34 OF THE TEMECULA MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS, AND MAKING A FINDING OF EXEMPTION UNDER PUBLIC RESOURCES CODE SECTION 21080.17 SUMMARY OF ORDINANCE: The proposed Ordinance updates various chapters of the City of Temecula Municipal Code in accordance with new Government Code requirements for size, setbacks and parking requirements for an Accessory Dwelling Unit, currently referred to in the Temecula Municipal Code as a Secondary Dwelling Unit. BACKGROUND: In the past several years, there has been considerable discussions throughout the State regarding a housing shortage in California, which is associated with rising housing costs and a shortage of affordable housing options. In recognition of these issues, Governor Brown signed into law Assembly Bill 2299 (AB 2299) and Senate Bill 1069 (SB 1069) on September 27, 2016, amending the existing State Law related to accessory dwelling unit regulations. Both bills became effective on January 1, 2017. The new laws regulate size of units, setbacks, parking, approval process, and owner occupancy requirements. The amended State Law also invalidates a local agency's existing accessory dwelling unit ordinance if it does not comply will all of the requirements of the newly adopted state standards. As such, staff is proposing to amend the City's existing Accessory Dwelling Unit Ordinance (and other applicable sections of the Code) in order to align with the amended state law, which will allow the City to continue to enforce the majority of the City's existing ordinance. Together, AB 2299 and SB 1069 amended various sections of the California Government Code that regulates accessory dwelling units and requiring the local authority adopt or update their Accessory Dwelling Unit Ordinance. The notable provisions of AB 2299 and SB 1069 that affect the City's current development standards for Accessory Dwelling Units are as follows: • The term "Detached Second Unit" will be replaced with "Accessory Dwelling Unit" throughout the Zoning Code; • The definition of accessory dwelling unit will be modified to include both attached and detached units. The new definition will read: "an attached or detached residential dwelling unit on a lot with an existing single-family residence (primary residence) that provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel that the single-family dwelling is situated. "Accessory dwelling unit" includes an "Efficiency Unit" as defined in Health and Safety Code Section 17958.1 and a "Manufactured Home" as defined in Health and Safety Code Section 18007." • An existing accessory structure, such as a pool house, guest house, garage, and barn are allowed to be converted into an Accessory Dwelling Unit, provided there is sufficient side and rear yard setbacks for fire safety. • Accessory Dwelling Units shall not be used for short term rentals for less than thirty days. • The setbacks for an Accessory Dwelling Unit are the same as current standards, except that no setback is required for existing garage conversion, and if an accessory dwelling unit is constructed above a garage, the required side and rear setbacks shall be a minimum of five feet. • The size of an accessory dwelling unit shall not exceed 50% of the area of the primary residence, or 1,200 square feet, whichever is smaller. Additionally, an accessory dwelling shall not be smaller in size than an "efficiency unit" as defined in Section 17958.1 of Health and Safety Code. • The number of required parking spaces are the same as the current standards, however, parking may be located in setback areas or through tandem parking and parking is not required if 1) located within one-half mile of an active public transit stop; 2) located within an architecturally and historically significant district; 3) part of the existing primary residence or an existing accessory structure; 4) located within one block of a car share vehicle; or 5) located in an area where the City requires on -street parking permits but does not offer the permits to the accessory dwelling unit occupant. On October 4, 2017, the Planning Commission considered the proposed ordinance. There were no public comments; however, the Commission had questions regarding the changes to setbacks and parking requirements, and requested staff prepare a map showing the location of single-family dwellings within a half -mile of existing transit stops for consideration at a future meeting. The Commission voted 5-0 recommending approval of the proposed ordinance. FISCAL IMPACT: None ATTACHMENTS: 1. Ordinance 2. Planning Commission Resolution No. 17-40 3. Planning Commission Staff Report ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTERS 17.06, 17.24 AND 17.34 OF THE TEMECULA MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS, AND MAKING A FINDING OF EXEMPTION UNDER PUBLIC RESOURCES CODE SECTION 21080.17 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Subsection S ("S" Definitions and Illustrations) of Section 17.34.010 of Chapter 17.34 (Definitions of terms) of Title 17 (Zoning) is hereby amended to delete the definition of "Secondary Dwelling Unit". Section 2. Subsection A ("A" Definitions and Illustrations) of Section17.34.010 of Chapter 17.34 (Definitions of terms) of Title 17 (Zoning) is hereby amended to add the definiton of "Accessory Dwelling Unit" in alphabetical order to read as follows, with all other definitions remaining unchanged: "Accessory dwelling unit" means an attached or detached residential dwelling unit on a lot with an existing single-family residence (primary residence) that provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel that the single-family dwelling is situated. "Accessory dwelling unit" includes an "Efficiency Unit" as defined in Health and Safety Code Section 17958.1 and a "Manufactured Home" as defined in Health and Safety Code Section 18007. Section 3. Table 17.24.040 of Section 17.24.040 (Parking Requirements) of Chapter 17.24 (Off -Street Parking and Loading) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended so that "Second unit" is renamed "Accessory Dwelling Unit" and is amended to read as follows: Accessory Dwelling Unit The following parking shall be provided, except as as otherwise provided in Section 17.06.050(L)(7): 1 covered parking space shall be required for 2 bedroom units or less, and 2 covered parking spaces for 3 bedroom units or more. Section 4. Table 17.06.030 of Section 17.06.030 (Use Regulations) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows: Description of Use HR RR VL L-1 L-2 LM M H HR - SM Accessory dwelling units P P P PPP P -11 P Notes: 11. Legal nonconforming single family residences will be permitted to construct accessory dwelling units if they meet the requirements of this Section 17.06.050(L). Section 5. Subsection L of Section 17.06.050 (Special use standards and regulations) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows: "L. Accessory Dwelling Units. 1. Application Requirements. Applications for accessory dwelling units shall be completed in accordance with Section 17.03.030 of this Development Code. The application for the accessory dwelling unit permit must be signed by the owner(s) of the parcel of land and the primary residence. 2. General Standards. Accessory dwelling units are permitted in all residential zoning districts where there is an existing owner -occupied single-family detached dwelling. In accordance with state law, an accessory dwelling unit shall be considered a residential use and shall not be considered to exceed the allowable density for the lot upon which it is permitted. Only one accessory dwelling unit shall be permitted on any one lot. Any accessory dwelling unit that meets the standards set forth in this Subsection L shall be approved by the Community Development Director. 3. Size Restrictions. An accessory dwelling unit shall not exceed 50% of the area of the primary residence, or 1,200 square feet, whichever is smaller. The accessory dwelling shall not be smaller in size than an "efficiency unit" as defined in Section 17958.1 of Health and Safety Code. 4. Design. The accessory dwelling unit shall have the same design, architecture, and materials of the primary residence and the surrounding neighborhood in terms of height, mass, landscaping, and architectural materials. 5. Transfer. An accessory dwelling unit shall not be sold, transferred, or assigned separately from the primary residence, but may be rented. The accessory dwelling unit shall not be used for short term rentals for less than thirty days. 6. Occupancy Requirement/Covenant Required. The property owner must occupy either the primary residence or the accessory dwelling unit. Within thirty (30) days of the issuance of a building permit for an accessory dwelling unit pursuant to this Subsection L, the owner of record shall record a covenant, in a form satisfactory to the City Attorney, which shall place future buyers on notice of the maximum size of the accessory dwelling unit as set forth in this Subsection L, the required amount of off street parking to be provided for the accessory dwelling unit, that the accessory dwelling unit may not be sold, transferred or assigned separately from the primary dwelling unit, that the accessory dwelling unit may not be used for short term rentals for less than thirty days, and that such restrictions shall run with the land and be binding upon all future owners. The covenant shall be recorded in the official records of the County of Riverside, and a copy of the covenant shall be filed with the office of the City Clerk. 7. Parking Requirements: a. Parking for the accessory dwelling unit shall be provided in accordance with the off-street parking standards in Chapter 17.24, except that the parking space for the accessory dwelling unit may be located in setback areas or through tandem parking, unless the Community Development Director makes findings that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction. b. Notwithstanding the foregoing requirements, no additional parking space is required for an accessory dwelling unit that satisfies any of the following: 1. It is located within one-half mile of an active public transit stop; 2. It is located within an architecturally and historically significant district; 3. It is part of the existing primary residence or an existing accessory structure; 4. It is located within one block of a car share vehicle; or 5. It is located in an area where the City requires on -street parking permits but does not offer the permits to the accessory dwelling unit occupant. c. If a garage, carport, or covered parking structure is demolished in conjunction with the construction of the accessory dwelling unit, the off-street parking spaces lost as a result of the demolition shall be replaced on-site. The replacement parking spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. d. If a garage, carport, or covered parking structure is converted in conjunction with the construction of an accessory dwelling unit, the off-street parking spaces lost as a result of the conversion shall be replaced on-site for the primary residence based on the requirments set forth in Chapter 17.24. 8. Setbacks. An accessory dwelling unit must comply with all setback requirements applicable to the primary dwelling unit except under the following conditions: a. No setback shall be required for an existing garage that is converted to an accessory dwelling unit. b. If an accessory dwelling unit is constructed above a garage, the required side and rear setbacks shall be a minimum of five feet from the side and rear lot lines. 9. Utilities. The accessory dwelling unit shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the primary dwelling unit and need not be a separate set of services. 10. Historic Resources. Any accessory dwelling unit that has the potential to adversely impact any historical resource listed on the National Register or the California Register of Historic Places, shall be designed and constructed in accordance with the "Secretary Of The Interior's Standards For The Treatment Of Historic Properties With Guidelines For Preserving, Rehabilitating, Restoring, And Reconstructing Historic Buildings" found at 36 CFR 68.3, as amended from time to time. 11. Conversion of Exisinq Space of a Residence or Accessory Structure: In accordance with State law, and notwithstanding any other provision of this Section, the Community Development Director shall ministerially approve an accessory dwelling unit that satisfies all of the following requirements: a. It is located on a lot zoned single-family residential; b. It is the only accessory dwelling unit on the lot; c. It is contained within the existing space of an existing residence or accessory structure; d. It has independent exterior access; and e. It has side and rear setbacks sufficient for fire safety." Section 6. Table 17.06.050A of Subsection D (Accessory Structures and Uses.) of Section 17.06.050 (Special use standards and regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to rename "Detached second unit" as "Accessory dwelling unit" and to add footnote "6" to read as follows: Accessory Structure Front Yard Rear Yard Interior Side Yard Accessory dwelling unit Not permitted in actual front yard unless it complies with Section 17.06.050(L)(11)46 Refer to rear yard setbacks in Table 17.06.0406 Refer to the side yard setbacks in Table 17.06.0406 Notes 6: The setback requirements will apply except as follows: A. For an accessory dwelling unit that is constructed above an existing garage, the minimum setback from all property lines is five feet. B. For an accessory dwelling unit that is converted from an existing garage, no additional setbacks beyond the existing garage setback shall be required, except as may be required by the local building and fire codes. Section 7. CEQA. This Ordinance was analyzed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City Council finds that adoption of the Ordinance is exempt from CEQA pursuant to Public Resources Code Section 21080.17, which provides that CEQA "does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 or 65852.2 of the Government Code." This Ordinance is adopted to implement recent changes in Government Code Section 65852.2, and thus is exempt from CEQA's environmental review requirements. Section 8. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 9. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 10. Effective Date. 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 24th day of October, 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. 17-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTERS 17.06, 17.24 AND 17.34 OF THE TEMECULA MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS, AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On October 4, 2017 the Planning Commission identified a need to amend portions of Title 17 of the Temecula Municipal Code to align the City's Accessory Dwelling Unit standards and regulations with existing California Government Code (Planning Application No. LR17-0023). B. The 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 proposed amendments to Title 17 of the Temecula Municipal Code on October 4, 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 adopt the Ordinance attached hereto as Exhibit "A." E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Environmental Compliance. In accordance with the California Environmental Quality Act (CEQA), the proposed project has been deemed to be exempt from further environmental review. Pursuant to Public Resources Code section 21080.17, the adoption of an ordinance regarding accessory dwelling units to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code is statutorily exempt from CEQA. Section 3. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council approve Planning Application No. LR17- 0023, 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 4th day of October 2017. ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA )ss John H. Telesio, Chairperson I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 17-40 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 4th day of October 2017, by the following vote: AYES: 5 PLANNING COMMISSIONERS: NOES: 0 PLANNING COMMISSIONERS: ABSENT: 0 PLANNING COMMISSIONERS: ABSTAIN: 0 PLANNING COMMISSIONERS: GUERRIERO, TELESIO, TURLEY- TREJO, WATTS, YOUMANS NONE NONE NONE Luke Watson Secretary DATE OF MEETING: TO: FROM: PREPARED BY: APPLICANT NAME: PROJECT SUM MARY: CEQA: RECOMMENDATION: STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION October 4, 2017 Planning Commission Chairperson and members of the Planning Commission Luke Watson, Director of Community Development Dale West, Case Planner City of Temecula Long Range Planning Application Number LR17-0023, an amendment to the Temecula Municipal Code to regulate accessory dwelling units. In accordance with the California Environmental Quality Act (CEQA), the proposed project has been deemed to be exempt from further environmental review. Pursuant to Public Resources Code section 21080.17, the adoption of an ordinance regarding accessory dwelling units to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code is statutorily exempt from CEQA. Adopt a Resolution of the Planning Commission of the City of Temecula recommending that the City Council of the City of Temecula adopt an ordinance entitled, "An Ordinance of the City Council of the City of Temecula Amending Chapters 17.06, 17.24, and 17.34 of the Temecula Municipal Code Relating to Accessory Dwelling Units, and Finding that this Ordinance is Exempt from the California Environmental Quality Act (CEQA) Pursuant to Public Resources Code Section 21080.17" BACKGROUND SUMMARY In the past several years, there have been considerable discussions throughout the State regarding a housing shortage in California, which is associated with rising housing costs and a shortage of affordable housing options. In recognition of these issues, Governor Brown signed into law Assembly Bill 2299 (AB 2299) and Senate Bill 1069 (SB 1069) on September 27, 2016, amending the existing State Law related to accessory dwelling unit regulations. Both bills became effective on January 1, 2017. The new laws regulate parking, type and size of units, approval process and timelines, and water and sewer utility requirements applicable to accessory dwelling units. Most importantly, the amended State Law invalidates a local agency's existing accessory dwelling unit ordinance if it does not comply will all of the requirements of the newly adopted state standards. As such, staff is proposing to amend the City's existing Accessory Dwelling Unit Ordinance (and other applicable sections of the Code) in order to align with the amended state law, which will allow the City to continue to enforce the majority of the City's existing ordinance. 1 ANALYSIS California Government Code Section 65852.2 requires local governments to use a ministerial (i.e., by -right) process for accessory dwelling unit applications, subject to reasonable development standards. As required, the City Council adopted the existing Ordinance to allow by -right approval of accessory dwelling units in all single-family residential zoning districts subject to certain criteria (e.g., minimum lot size requirement, owner occupant requirement, various development standards such as size, setback, and height limits, etc.), except where prohibited by the Ordinance. Together, AB 2299 and SB 1069 amended various sections of the California Government Code that regulates accessory dwelling units, making considerable changes to local authority to regulate such units. These changes can be categorized into four topic areas, which include parking, type and size of units, approval process and timelines, and water and sewer utility requirements. The notable provisions of AB 2299 and SB 1069 are as follows: • The existing local accessory dwelling unit ordinances is invalidated, until brought into compliance with the requirements of the amended State Law; • An accessory dwelling unit can either be attached to the existing dwelling, located within the living area of the existing dwelling, or detached and located on same property as the existing dwelling; • Notwithstanding other applicable restrictions or standards, cities must approve applications to create an accessory dwelling unit without any other restrictions if the unit is located in a single-family zoning district, is contained within existing space of the existing residence or accessory structure, has independent exterior access, and side and rear yard setbacks are sufficient for fire safety; • An accessory dwelling unit cannot be considered as a new residential use for the purpose of calculating utility charges, and cities cannot require a new or separate utility; • No setback can be required for an existing garage that is converted into an accessory dwelling unit, and no more than 5 feet of side or rear yard setback can be required for an accessory dwelling unit constructed above an existing garage; and • No parking can be required if an accessory dwelling unit meets certain criteria (i.e., proximity to a public transit stop, location within historic district, unavailability of a required on -street parking permit, and proximity to a shared car service). Proposed Amendments to the Zoning Code: Because the City's existing Ordinance does not fully comply with the newly amended State Law, there is an immediate need to amend the City's existing Ordinance in order to retain the City's authority to continue to enforce the majority of the City's existing Ordinance. The following summarizes the changes proposed: • The term "Detached Second Unit" will be replaced with "Accessory Dwelling Unit" throughout the Zoning Code; • The definition of accessory dwelling unit will be modified to include both attached and detached units. The new definition will read: "A residential dwelling unit that provides complete independent living facilities for one or more persons on the same parcel as a legal single family residence. An accessory dwelling unit may be attached to the existing dwelling unit, located within the existing space of the existing dwelling, or detached from the existing dwelling and located on the same lot as the existing dwelling. An accessory 2 dwelling unit shall include permanent provisions that include, but are not limited to, living, sleeping, eating, cooking, and sanitation." • Accessory dwelling units contained entirely within the existing space of a single-family residence or accessory structure, which have independent exterior access and the side and rear setbacks are sufficient for fire safety will be allowed in all single-family zoning districts without any restriction, subject only to the specific standards established by the state law. In other words, such units will be allowed in all single-family zoned properties regardless of lot size or location; • The minimum parking requirement for an accessory dwelling unit is reduced to one parking space in any form of covered, uncovered, or tandem on an existing driveway; • No setback can be required for an existing garage that is converted into an accessory dwelling unit; • Accessory dwelling units are exempt from parking standards under the following circumstances: 1) the accessory dwelling unit is located within one-half mile of public transit stop; 2) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure; 3) When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit; or 4) when there is a commercial car share vehicle drop-off/pick-up located within one block of the accessory dwelling unit; and • When existing parking spaces (i.e. garage or carport) for a primary dwelling unit are demolished in conjunction with the construction of an accessory dwelling unit, the replacement parking spaces for the primary dwelling unit can be provided in any form of covered, uncovered, tandem spaces, or by the use of mechanical automobile parking lifts. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U -T San Diego on September 21, 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. Pursuant to Public Resources Code section 21080.17, the adoption of an ordinance regarding accessory dwelling units to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code is statutorily exempt from CEQA. ATTACHMENTS PC Resolution Draft Ordinance Notice of Public Hearing 3 DRAFT PC RESOLUTION PC RESOLUTION NO.17- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTERS 17.06, 17.24 AND 17.34 OF THE TEMECULA MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS, AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On October 4, 2017 the Planning Commission identified a need to amend portions of Title 17 of the Temecula Municipal Code to align the City's Accessory Dwelling Unit standards and regulations with existing California Government Code (Planning Application No. LR17-0023). B. The 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 proposed amendments to Title 17 of the Temecula Municipal Code on October 4, 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 adopt the Ordinance attached hereto as Exhibit "A." E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Environmental Compliance. In accordance with the California Environmental Quality Act (CEQA), the proposed project has been deemed to be exempt from further environmental review. Pursuant to Public Resources Code section 21080.17, the adoption of an ordinance regarding accessory dwelling units to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code is statutorily exempt from CEQA. Section 3. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council approve Planning Application No. LR17- 0023, 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 4th day of October 2017. John H. Telesio, Chairperson 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 4th day of October 2017, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary EXHIBIT A DRAFT ORDINANCE ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTERS 17.06, 17.24 AND 17.34 OF THE TEMECULA MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS, AND MAKING A FINDING OF EXEMPTION UNDER PUBLIC RESOURCES CODE SECTION 21080.17 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Subsection S ("S" Definitions and Illustrations) of Section 17.34.010 of Chapter 17.34 (Definitions of terms) of Title 17 (Zoning) is hereby amended to delete the definition of "Secondary Dwelling Unit". Section 2. Subsection A ("A" Definitions and Illustrations) of Section17.34.010 of Chapter 17.34 (Definitions of terms) of Title 17 (Zoning) is hereby amended to add the definiton of "Accessory Dwelling Unit" in alphabetical order to read as follows, with all other definitions remaining unchanged: "Accessory dwelling unit" means an attached or detached residential dwelling unit on a lot with an existing single-family residence (primary residence) that provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel that the single-family dwelling is situated. "Accessory dwelling unit" includes an "Efficiency Unit" as defined in Health and Safety Code Section 17958.1 and a "Manufactured Home" as defined in Health and Safety Code Section 18007. Section 3. Table 17.24.040 of Section 17.24.040 (Parking Requirements) of Chapter 17.24 (Off -Street Parking and Loading) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended so that "Second unit" is renamed "Accessory Dwelling Unit" and is amended to read as follows: Accessory Dwelling Unit The following parking shall be provided, except as as otherwise provided in Section 17.06.050(L)(7): 1 covered parking space shall be required for 2 bedroom units or less, and 2 covered parking spaces for 3 bedroom units or more. Section 4. Table 17.06.030 of Section 17.06.030 (Use Regulations) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows: Description of Use HR RR VL L-1 L-2 LM M H HR - SM Accessory dwelling units PPPPPPP -11 P Notes: 11. Legal nonconforming single family residences will be permitted to construct accessory dwelling units if they meet the requirements of this Section 17.06.050(L). Section 5. Subsection L of Section 17.06.050 (Special use standards and regulations) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows: "L. Accessory Dwelling Units. 1. Application Requirements. Applications for accessory dwelling units shall be completed in accordance with Section 17.03.030 of this Development Code. The application for the accessory dwelling unit permit must be signed by the owner(s) of the parcel of land and the primary residence. 2. General Standards. Accessory dwelling units are permitted in all residential zoning districts where there is an existing owner -occupied single-family detached dwelling. In accordance with state law, an accessory dwelling unit shall be considered a residential use and shall not be considered to exceed the allowable density for the lot upon which it is permitted. Only one accessory dwelling unit shall be permitted on any one lot. Any accessory dwelling unit that meets the standards set forth in this Subsection L shall be approved by the Community Development Director. 3. Size Restrictions. An accessory dwelling unit shall not exceed 50% of the area of the primary residence, or 1,200 square feet, whichever is smaller. The accessory dwelling shall not be smaller in size than an "efficiency unit" as defined in Section 17958.1 of Health and Safety Code. 4. Design. The accessory dwelling unit shall have the same design, architecture, and materials of the primary residence and the surrounding neighborhood in terms of height, mass, landscaping, and architectural materials. 5. Transfer. An accessory dwelling unit shall not be sold, transferred, or assigned separately from the primary residence, but may be rented. The accessory dwelling unit shall not be used for short term rentals for less than thirty days. 6. Occupancy Requirement/Covenant Required. The property owner must occupy either the primary residence or the accessory dwelling unit. Within thirty (30) days of the issuance of a building permit for an accessory dwelling unit pursuant to this Subsection L, the owner of record shall record a covenant, in a form satisfactory to the City Attorney, which shall place future buyers on notice of the maximum size of the accessory dwelling unit as set forth in this Subsection L, the required amount of off street parking to be provided for the accessory dwelling unit, that the accessory dwelling unit may not be sold, transferred or assigned separately from the primary dwelling unit, that the accessory dwelling unit may not be used for short term rentals for less than thirty days, and that such restrictions shall run with the land and be binding upon all future owners. The covenant shall be recorded in the official records of the County of Riverside, and a copy of the covenant shall be filed with the office of the City Clerk. 7. Parking Requirements: a. Parking for the accessory dwelling unit shall be provided in accordance with the off-street parking standards in Chapter 17.24, except that the parking space for the accessory dwelling unit may be located in setback areas or through tandem parking, unless the Community Development Director makes findings that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction. b. Notwithstanding the foregoing requirements, no additional parking space is required for an accessory dwelling unit that satisfies any of the following: 1. It is located within one-half mile of an active public transit stop; 2. It is located within an architecturally and historically significant district; 3. It is part of the existing primary residence or an existing accessory structure; 4. It is located within one block of a car share vehicle; or 5. It is located in an area where the City requires on -street parking permits but does not offer the permits to the accessory dwelling unit occupant. c. If a garage, carport, or covered parking structure is demolished in conjunction with the construction of the accessory dwelling unit, the off-street parking spaces lost as a result of the demolition shall be replaced on-site. The replacement parking spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. d. If a garage, carport, or covered parking structure is converted in conjunction with the construction of an accessory dwelling unit, the off-street parking spaces lost as a result of the conversion shall be replaced on-site for the primary residence based on the requirments set forth in Chapter 17.24. 8. Setbacks. An accessory dwelling unit must comply with all setback requirements applicable to the primary dwelling unit except under the following conditions: a. No setback shall be required for an existing garage that is converted to an accessory dwelling unit. b. If an accessory dwelling unit is constructed above a garage, the required side and rear setbacks shall be a minimum of five feet from the side and rear lot lines. 9. Utilities. The accessory dwelling unit shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the primary dwelling unit and need not be a separate set of services. 10. Historic Resources. Any accessory dwelling unit that has the potential to adversely impact any historical resource listed on the National Register or the California Register of Historic Places, shall be designed and constructed in accordance with the "Secretary Of The Interior's Standards For The Treatment Of Historic Properties With Guidelines For Preserving, Rehabilitating, Restoring, And Reconstructing Historic Buildings" found at 36 CFR 68.3, as amended from time to time. 11. Conversion of Exisinq Space of a Residence or Accessory Structure: In accordance with State law, and notwithstanding any other provision of this Section, the Community Development Director shall ministerially approve an accessory dwelling unit that satisfies all of the following requirements: a. It is located on a lot zoned single-family residential; b. It is the only accessory dwelling unit on the lot; c. It is contained within the existing space of an existing residence or accessory structure; d. It has independent exterior access; and e. It has side and rear setbacks sufficient for fire safety." Section 6. Table 17.06.050A of Subsection D (Accessory Structures and Uses.) of Section 17.06.050 (Special use standards and regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to rename "Detached second unit" as "Accessory dwelling unit" and to add footnote "6" to read as follows: Accessory Structure Front Yard Rear Yard Interior Side Yard Accessory dwelling unit Not permitted in actual front yard unless it complies with Section 17.06.050(L)(11)46 Refer to rear yard setbacks in Table 17.06.0406 Refer to the side yard setbacks in Table 17.06.0406 Notes 6: The setback requirements will apply except as follows: A. For an accessory dwelling unit that is constructed above an existing garage, the minimum setback from all property lines is five feet. B. For an accessory dwelling unit that is converted from an existing garage, no additional setbacks beyond the existing garage setback shall be required, except as may be required by the local building and fire codes. Section 7. CEQA. This Ordinance was analyzed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City Council finds that adoption of the Ordinance is exempt from CEQA pursuant to Public Resources Code Section 21080.17, which provides that CEQA "does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 or 65852.2 of the Government Code." This Ordinance is adopted to implement recent changes in Government Code Section 65852.2, and thus is exempt from CEQA's environmental review requirements. Section 8. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 9. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 10. Effective Date. 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 day of , 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 NOTICE OF PUBLIC HEARING 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: LR17-0023; an Ordinance Regulating Accessory Dwelling Units City of Temecula A staff initiated application to amend Chapters 17.06, 17.24, and 17.34 of the Temecula Municipal Code regulatingAccessory Dwelling Units. Adopt a Resolution of the Planning Commission of the City of Temecula recommending that the City Council adopt an ordinance entitled "An Ordinance of the City Council of the City of Temecula Amending Chapters 17.06, 17.24, and 17.34 of the Temecula Municipal Code relating to Accessory Dwelling Units, and finding that this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17" In accordance with the California Environmental Quality Act (CEQA), the proposed project has been deemed to be exempt from further environmental review. Pursuant to Public Resources Code section 21080.17, the adoption of an ordinance regarding accessory dwelling units to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code is statutorily exempt from CEQA. Dale West, Associate Planner II City of Temecula, Council Chambers 41000 Main Street, Temecula, California October 4, 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.qov. 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.qov — and will be available for public review at the respective meeting. Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Temecula Planning Commission shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. 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. CITY COUNCIL BUSINESS Item No. 15 Approvals City Attorney Director of Finance City Manager Mr- CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Aaron Adams, City Manager DATE: October 24, 2017 SUBJECT: Approve Recommendation for Community Service Funding Program for Fiscal Year 2017-18 PREPARED BY: Betsy Lowrey, Senior Management Analyst RECOMMENDATION: That the City Council approve the Community Service Funding Ad Hoc Subcommittee's recommendation to allocate a total of $82,000 to fund 22 out of 26 grant applications received from nonprofit organizations for the Fiscal Year 2017-18 Community Service Funding Program. BACKGROUND: The City Council appointed Council Member Jeff Comerchero and Council Member Mike Naggar to the Fiscal Year 2017-18 Community Service Funding Ad Hoc Subcommittee to recommend grant fund allocations up to $5,000 per non-profit organization for programs that provide community services to the citizens of Temecula. The Community Service Funding Program adopted Fiscal Year 2017-18 budget is $100,000. The Community Service Funding Program information was e-mailed to non-profit organizations in the Temecula Valley area including all community-based charities in the City's database. In addition, advertisements were sent to the local media. The application and guidelines were also posted on the City's website and hard copies were made available at City Hall. A total of 26 applications from non-profit organizations were submitted to the City requesting a total of $127,500 in grant funding. The Ad Hoc Subcommittee, along with staff members, reviewed the requests for funding based on criteria previously adopted by the City Council to support non-profit organizations who offer community -wide services such as food, clothing, shelter, and medical care. At this time, the Ad Hoc Subcommittee recommends that 22 organizations receive grant funding ranging from $1,000 to $5,000 each, totaling $82,000. $18,000 will remain in the FY17-18 budget for the possibility of additional programs being funded. FISCAL IMPACT: Funds are available in the Fiscal Year 2017-18 Community Service Funding line item budget in the amount of $82,000. ATTACHMENTS: 1. Fiscal Year 2017-18 Community Service Funding Program Ad Hoc Subcommittee Recommendation Spreadsheet 2. Fiscal Year 2017-18 Community Service Funding Program Applications COMMUNITY SERVICE FUNDING GRANT PROGRAM - FY17-18 APPLICANT LIST PREVIOUS YEARS •NIZATI ' + CONTACT 2017/2018 PROJECT/PROGRA ,ESCRIPTION SUMMARY CSF 017/2018 EQUEST CSF 2017/2018 BCOMMITTEE COMENDATION 1 AACT INTERNATIONAL MINISTRIES DR. BRENDA HARPER, PASTOR 28780 Old Town Front Street, # A5 Temecula CA 92590 EXTENDED LOVE IS TOWARD ELDERLY (ELITE): Annual Intergenerational Senior Citizen/Student Event: dinner, food, supplies, equipment. $5,000.00 $5,000.00 NO REQUEST NO REQUEST 2 ALZHEIMER'S ASSOCIATION KRYSTLE JOSEPH, FUNDRAISING MGR IE Regional Office 3200 Inland Empire Blvd #280 Ontario, CA 91764 krjoseph@alz.org FAMILY CAREGIVER ASSISTANCE PROGRAM (FCAP): Funds will be used on direct services and for gift cards including: gas cards for families, grocery gift cards for families, local homecare agencies providing transportation services, local businesses provided meal prep. Also marketing materials. $5,000.00 $2,000.00 NO REQUEST NO REQUEST 3 ANIMAL FRIENDS OF THE VALLEY BETH SOLTYSIAK DIRECTOR OF DEVELOPMENT 33751 Mission Trail Road Wildomar, CA 92595 beth@animalfriendsof the valleys.com HUEY'S HEROES CHILDREN READING PROGRAM AT THE TEMECULA PUBLIC LIBRARY: Supplies, cages, water/food for the canines, leashes and collars needed for transportation off shelter property; supplies for reading program (books paper, and writing material); marketing program $5,000.00 $0.00 NO REQUEST NO REQUEST se z J a a ORGANIZATION CONTACT 2017/2018 PROJECT/PROGRAM DESCRIPTION SUMMARY CSF 2017/2018 EQUEST CSF 2017/2018 SUBCOMMITTEE COMENDATIO 4 ASSISTANCE LEAGUE DORCAS SHAKTMAN, VP OF FINANCE 28720 Via Montezuma Temecula, CA 92590 OPERATION FOSTER YOUTH: Provide assistance to local foster youth for "Summer Activity Passes" including family entertainment activities, museums, and amusement parks. Examples of local attractions: Mulligans, Edwards, Children's Museum. Examples of regional attractions: Disneyland, Knotts Berry Farm, San Diego Zoo. Research demonstrates activities increase academic achievement, alleviate behavioral problems, foster identity development and allow at-risk youth to build health/positive $5,000.00 $5,000.00 $4,768.84 $5,000.00 relationships. 5 BIRTH CHOICE OF TEMECULA JANETTE K CHUN EXECUTIVE DIRECTOR 41750 Winchester Rd, 8 O, Temecula, CA 92590 contact@birthchoicetem.com (Paperwork Contact: Kim Ball) BIRTH CHOICE OF TEMECULA BOUTIQUE AND CLIENT SERVICES: (1) client/volunteer support (educational classes, office supplies, items for ultrasound & pregnancy testing, training & printed materials) (2) boutique resources (diapers/wipes, formula, baby food, clothes, car seats, strollers, hygiene kits). $5,000.00 $5,000.00 $4,768.84 $5,000.00 6 BOYS AND GIRLS CLUB OF SOUTHWEST COUNTY GRANT ANDERSON, CEO PO BOX 892349 Temecula granta@bgswc.org BGC AFTER SCHOOL PROGRAM: Bus maintenance, gas, transportation-related costs needed to transport members from school to clubhouse. $5,000.00 $5,000.00 $0.00 NO REQUEST Page 2 of 8 se z J ORGANIZATION CONTACT 2017/2018 PROJECT/PROGRAM DESCRIPTION SUMMARY CSF 2017/2018 EQUEST CSF 2017/2018 SUBCOMMITTEE COMENDATIO 7 CANINE SUPPORT TEAMS, INC. SALLY WING MARKETING & DEV DIRECTOR PO Box 891767 Temecula CA 92589 SERVICE DOGS FOR DISABLED PERSONS: Food, grooming, essential veterinary care, advanced training during the final months of training/preparation prior to placement with a disabled client. $5,000.00 $2,500.00 $2,268.84 NO REQUEST marketing@caninesupportteams.o rg 8 COMMUNITY MISSION OF HOPE AL KAPLAN GRANT WRITER 41740 Rider Way Temecula, CA 92590 alknrmnh not DAILY BREAD: Funds will be used to procure food items for low income Temecula residents. $5,000.00 $5,000.00 NO REQUEST NO REQUEST 9 HABITAT FOR HUMANITY INLAND VALLEY Tammy Marine 27475 Ynez Road, Suite 390 Temecula, CA 92591 A BRUSH WITH KINDNESS: Funds would be used to provide no-cost home repairs/maintenance projects to low-income residents within the City of Temecula with the goal of preserving home affordability. $5,000.00 $5,000.00 $4,768.84 $1,500.00 10 HOSPICE OF THE VALLEYS LYNETTE CVAR CHIEF ADMINISTRATIVE OFFICER/CFO 25240 Hancock Ave. #120, Temecula, CA 92562 Icvar@hovsc.org SENIOR ASSISTANCE PROGRAM: For services and provisions such as weekly grief support groups, annual memorial service of remembrance, Alzheimer's support groups, over bed table rentals, rental of fully electric beds, mobile shower equipment, medication delivery services, and community education programs. $5,000.00 $5,000.00 $4,768.84 $5,000.00 Page 3 of 8 se z J a ORGANIZATION CONTACT 2017/2018 PROJECT/PROGRA DESCRIPTION SUMMARY CSF � 017/2018 EQUEST CSF 2017/2018 SUBCOMMITTEE COMENDATIO 11 JACOB'S HOUSE LINDA MEJIA, EXECTUTIVE DIRECTOR 31525 Jedidiah Smith Road, Temecula, CA 92592 linda@jacobshousetemecula.org HOUSE REHAB PROJECTS: Rehabilitation of existing 40 -year house including guest bedroom/bathroom ("Sara's Room") to improve access and safety for all age groups, improve mobility to shower bath area for handicap accessibility, complete laundry room, other house repairs/updates as needed for 40 -year old house to increase potential guest use to hospital referrals. $5,000.00 $2,500.00 $1,768.84 $0.00 12 JDS CREATIVE ACADEMY DIANE STRAND EXECUTIVE DIRECTOR VIDEO AND DIGITAL MEDIA CTE AND APPRENTICESHIP: Grant funds allocated to TV studio computer equipment to provide industry professional hands-on training, education for apprentice training, with direct access to timely live -streaming news, information and events to Temecula residents and businesses. $5,000.00 $0.00 $0.00 $0.00 diane@jds-productions.com 13 MICHELLE'S PLACE (WOMEN'S BREAST CANCER RESOURCE CENTER) KIM GERISH, EXECUTIVE DIRECTOR 27645 Jefferson Ave #117 Temecula, CA 92590 kim@michellesplace.org BREAST HEALTH ASSISTANCE PROGRAM: Benefit residents of Temecula: free and low-cost mammograms, ultrasounds, and other diagnostic breast health services and/or financial support and resources through our Patient Navigator. Grant will provide uninsured and underinsured women with potentially life saving breast health services as well as temporary financial assistance to women going through breast cancer treatment. $5,000.00 $5,000.00 $4,768.84 $5,000.00 Page 4 of 8 se z ORGANIZATION CONTACT 2017/2018 PROJECT/PROGRAM DESCRIPTION SUMMARY CSF 2017/2018 EQUEST CSF 2017/2018 SUBCOMMITTEE COMENDATIO 14 OUR NICHOLAS FOUNDATION MARK ANSELMO CO-FOUNDER 31493 Rancho Pueblo Road #205 Temecula, CA 92592 info@ournick.org AUTISM AFTERSHCOOL PROGRAMS: Supporting costs associated with after school / sports programs for the local Autism community. $5,000.00 $5,000.00 $4,768.84 $5,000.00 15 PHOENIX PATRIOT FOUNDATION ANTONIO VILLEGAS, OPERATIONS & OFFICE MANAGER 40210 Spinning Wheel Drive Murrieta, CA 92562 tony@phoenixpatriotfoundation.o rg PHOENIX PATRIOT FOUNDATION MUSIC PROGRAM: 3 day guitar design/build workshop for veterans to build custom electric guitar which includes engaging in activities that relate to specific math, science and engineering topics (STEM). Includes 2-3 trainers (cost and travel), guitar, supplies/kits, food, materials. $5,000.00 $1,000.00 NO REQUEST NO REQUEST 16 PROJECT TOUCH ANNE UNMACHT, FOUNDER/PRESIDENT 30141 Antelope Road # D-103 Menifee, CA 92584 anne@projecttouchonline.com TEMECULA HOMELESS RESPONSE FUNDS: Reduction of homeless population in Temecula. Help reconnect homeless to out of area family or support services (i.e. bus, train or plane fares or gas assistance). Limited purchases of food and hygiene items when relocating homeless individuals to out of area support systems, and for domestic violence victims (providing emergency assistance for lodging and other necessities from calls for domestic violence victims). $5,000.00 $0.00 NO REQUEST $500.00 Page 5 of 8 se z J Qe ORGANIZATION CONTACT 2017/2018 PROJECT/PROGRA DESCRIPTION SUMMARY CSF � 017/2018 EQUEST CSF 2017/2018 SUBCOMMITTEE COMENDATIO 17 RANCHO DAMACITAS THESSLOONKIA FAMILY CAL WINSLOW. CEO PO BOX 890326 Temecula, CA 92589 951.302.2317 x 220 cal@4kidsfirst.org Alternative Contact: Kristi Piatkowski - Cell: CAMPUS SHORT TERM INTEGRATION HOME SAFETY MEASURES FOR NEW INCOMING FOSTER YOUTH: Rancho Damacitas continues to prepare foster youth for transition to foster homes and keep them safe from self -harm by updating home security measures such as replacing mirrors with plexiglass, installing shatterproof lightbulbs and motion sensors lighting, low -bearing landscaping, flooring and window screens. $5,000.00 $5,000.00 $1,768.84 $1,000.00 18 REINS THERAPEUTIC HORSEMANSHIP PROGRAM Kimberly Shinner, Marketing and Business Development Manager PO Box 1283 Bonsai!, CA 92003 TEMECULA STUDENT SCHOLARSHIP PROGRAM: This grant will benefit 10 disabled students and their families (Temecula residents). Riding sessions and operational expenses. The costs associated with being a disabled child or adult are quite large. We like to offer our services to the community at a low cost so they can receive the therapeutic benefits of our horse related programs. $5,000.00 $1,000.00 NO REQUEST NO REQUEST 19 ROSE AGAIN FOUNDATION Rhonda Reinke 33353 Temecula Pkwy, Ste 104#224 Temecula, CA 92592 EMERGENCY PLACEMENT/KIDS SOAR PROGRAM: Foster children residing in Temecula: provide critical support to local foster children in need. Emergency placement gifting, special needs, tutoring and Kids Soar activities. $5,000,00 $5,000,00 $1,768.84 $2,000.00 Page 5 of 8 Page 7 of 8 ORGANIZATION CONTACT 2017/2018 PROJECT/PROGRA DESCRIPTION SUMMARY CSF � 017/2018 EQUEST CSF 2017/2018 SUBCOMMITTEE COMENDATIO 20 THE ROTARY CLUB OF TEM ECULA LISA LOCKE, PRESIDENT PO BOX 64, Temecula, CA 9253 FOOD BASKETS FOR FAMILIES, WOUNDED VETERNS, MILITARY FAMILIES AND SENIORS: Turkeys, hams, gift cards for military families, seniors and teenagers identified by TVUSD, senior center, Camp Pendleton, who are living in Temecula. $5,000.00 $5,000.00 $4,768.84 $5,000.00 21 SAFE ALTERNATIVES FOR EVERYONE JUNE EARLEY, EXECUTIVE DIRECTOR 28910 Pujol St, Temecula, CA 92590 951.587.3900 iune(asafefamiliessca.ore SAFE EMERGENCY AND BASIC NEED ITEMS: Support families in need with gasoline gift cards, food gift cards, hotel vouchers, large retail store gift cards. $5,000.00 $2,500.00 $1,768.84 NO REQUEST 22 SANTA ROSA PLATEAU NATURE EDUCATION FOUNDATION GINGER GREAVES EXECUTIVE DIRECTOR PO BOX 941 Murrieta, 92564 ginger@srpf.org INSPIRING ENVIRONMENTAL STEWARDSHIP IN AN ENVIRONMENTAL EDUCATION PATHWAY- 3RD GRADE: Funds will cover the cost of transportation for 1,000 of the 3,000 TVUSD students participating in the program. Sustain participation of TVUSD elementary students in the Environmental Education Pathway program at the Santa Rosa Plateau. $2,500.00 $1,000.00 $0.00 NO REQUEST 23 SPECIAL OLYMPICS SOUTHERN CALIFORNIA - TEMECULA VALLEY AREA ABBY LEFFLER, REGIONAL DIRECTOR 41880 Kalmia Street #155 Murrieta, CA 92562 aleffler@sosc.org SPECIAL OLYMPICS SPORTS PROGRAMS IN THE CITY OF TEMECULA: Fund existing direct program costs including uniforms, facilities costs, transportation. Grant will help support Special Olympics programs to empower individuals with intellectual disabilities to improve their health and overall wellness through year-round sports training and competition. $5,000.00 $2,500.00 $2,268.64 $2,500.00 Page 7 of 8 se z ORGANIZATION CONTACT 2017/2018 PROJECT/PROGRAM DESCRIPTION SUMMARY CSF 2017/2018 EQUEST CSF 2017/2018 SUBCOMMITTEE COMENDATIO 24 TEMECULA ROSE SOCIETY REBECCA WEERSING, CO- PRESIDENT PO BOX 890367 Temecula, CA 92589 TABLES WITH BENCHES: The grant will be used to purchase powder coated steel 8 -foot tables with attached benches that can accommodate 50 persons attending classes or visiting the garden. $5,000.00 $0.00 $0.00 NO REQUEST 25 TOWARD MAXIMUM INDEPENDENCE GINGERCOHEN MEDIA COMM & CORP RELATIONS 4740 Murphy Canyon Rd. # 300 San Diego, CA 92123 858.467.0600 x 301 ginger@tmi-inc.org TABLETS FOR EMPLOYMENT SOLUTIONS PROGRAM FOR INDIVIUDALS WITH DEVELOPMENTAL DISABILITIES: Purchase tablets at approximately 100 each for 54 staff to be more efficient in providing services to individuals with developmental disabilities such as autism, down syndrome, and cerebral palsy. $5,000.00 $2,000.00 $1,768.84 NO REQUEST 26 WAVES PROJECT, INC. (WOUNDED AMERICANsuit, VETERANS EXPERIENCE SCUBA) BARABAR RUBIN, TREASURER PO Box 1385, Temecula, CA 92593 barbara@wavesproject.com WAVES PROJECT DIVE THERAPY & TRAINING: Provide regularly scheduled SCUBA diving activities to veterans with disabilities. Includes boat transportation to dive sites and dive equipment (mask, fins, snorkel, boots, gloves, wet- buoyancy compensator, regulator, SCUBA air cylinders and weights). A dive professional will lead the dive for training and support. $5,000.00 $5,000.00 $4,768.84 $5,000.00 TOTAL $127,500 $82,000 Page 8 of 8 FY 2017/2018 COMMUNITY SERVICE FUNDING GRANT APPLICATION # 1 AACTS INTERNATIONAL MINISTRIES CITY OF TEMECULA. FISCAL YEAR 2017-2018 COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2017-18 Program Submission Deadline: Friday, September 15, 2017 PROJECT/PROGRAM INFORMATION Amount Requested: $ Cf cr:'. c_xi) (Maximum allowable $5,000 per Organization) Project/Program Title: (C -i- anriect Icyr `. 1Q1 : , .. _ iciri _ E t'1+ .. Project/Program Start Date: t'-1 cr F Project/Program End Date: If Grant is Awarded, Make Check Payable to: i-J1ia CT l i i r; -t- r ` Mailing Address ' 7 (1.. ," ,`:.. k -i v 1 E=ir ' I 1 4-r c ( - i _ , -i ORGANIZATION INFORMATION and GEOGRAPHIC AREA SERVED Name of Applicant Organization: A 1 +- Website: + iv)L4_,.Cj,cci, z :2►•rsrr Contact Name: Cir r r!r rt - -. 1r°► Title/Position: t' - Contact Person's Email Address Telephone: Year Organization Founded: Number of Paid Staff: Number of Volunteers: r' Geographic area(s) the organization serves: i r ; 4 . t! y - U" -,r.:- Geographic area the Projec1JPrograrn will serve (NOTE: Community Service Funding Grant must exclusively be used to serve Temecula) �A Include a physical address of Project/Program (if different than Organization's Mailing Address): •11 i, s (1, z_ Is this organization incorporated as a nonprofit organization? Yes I No (if No, then it is ineligible to receive City Funding) Provide a copy of your statement of nonprofit status from the State of California, and the first page (only) of the most recent IRS Form 990. IRS Form 990 is a public record. Form 990s for all charities registered in California are posted on the Attorney General's web site www.aq.ca.gov. The website also offers a searchable database of California charities. Form 990s for 501(c )(3) charities may be found at GuideStar www.guidestar.orq. Date of Incorporation as a Nonprofit: Federal Identification Number: State Identification Number: Submit and Attach Status Verification from internal Revenue Services and Franchise Tax Board: 1. http:l/apps.irs.gov/app/eosl (print out and attach Deductibility Status) 2. https://www.ftb.ca.gov/online/self serve entity status letterfindex.asp (print out and attach Entity Status Letter) Application: Page 1 of 7 RECEIVED SEP 1 5 2017 CITY MANAGER'S CF FiCE Type of Funding from City Program, Project or Service(s) Supported by the Grant or Sponsorship MonthlYeer Received Amount Ftas the organization or any members of the Board of Directors of the organization been involved with any personal business transactions valued over $500 including any business transactions, negotiations, investments, or interests in real property with a Temecula City Council Member during the past 12 months? Yes No V' If Yes, briefly describe: is a Temecula City Council Member a member of the Board of Directors or an Officer of the organization? Yes No v"- If Yes, provide Council Member's Name and title within the organization: This Application has been authorized by the organization's: Executive Committee t.' Board of Directors Members -at -Large FINANCIAL STATEMENTS Upon request, copies of the current budget of the organization / financial statements (balance statement and income statement), and if available CPA's audit, may be needed to demonstrate sound financial management. Do not submit now. CITY OF TEMECULA FUNDING - OTHER SOURCES Within the past two years, has your organization received (or is your organization concurrently requesting) any other sources of funding from the City of Temecula? Yes No V' If Yes, provide information in table below: MISSION STATEMENT OF ORGANIZATION Briefly describe the goals and objectives, or mission, of your organization. e Intl t -..sn U r t 0 1- A-ir)\.t-- f - r. A 4-1(3 vICt f V Y! n t Z - i- r t , T .[. L .,t -E> el [Of 'k ti ( Qcrit rC CI ; - .1 -41\ e. -..!,-..1%;\ -6 C YA E> ZLleAle 1tZ.C..6 -+-IAr.. 10.71-4-t --krcoutcb piA r p an C ,�p,u,t } e,r- ca ,A c,-1 I r t- . rut pr nU i rl r . rr�[.e Azle i r)n r.� `U c# 1 a -C r as' =� (}, i"Csv,�.P - I-4 \ --11 G c1 CC Q -c Cip f t.) i -4-k. 101-1-k 1 I�iG '�;'��yy'�-t.t t4�ir�r�,� 1i�rc 1�, i-4 COry\v'v .14- -cot. 1Ca dff.N. tp -t-k 1- p�'e tt,.o--% 5 s,0', e- -,1„.,,,r.0+,c._ k- , a y vtc er1t�G Application: Page 2 of 7 Iarltt�: GRANT FUNDING PROJECT/PROGRAM DESCRIPTION NOTE: Receipts/invoices will be required to be submitted to the City to demonstrate that your organization used grant funding awarded by the City to support the projectfprogram as described here- See Co+npliance Reporting Requirements on Application Page 9 for details. 1. Provide a brief description of the Project/Program (and its objectives) that the City of Temecula grant funding will be used to support. —11\c. p r -s ui 4e (-1 r pelis•P lrt e— p rr) V i d Pel . f -i -k Y S r M411- -i--h e Tr' ► K cr t., l rt arra. Tke kc 1-2551-r_tiA - m u t t .t 'r 1'r r. -#--k - I rt c� m CI 6 C tAd 1- la 4- k -4- -'— ++ fr r 1 C. IA C[ L 9 e I1 r• Ct-`f-i rJ11et 5 A L- C• 9 2. Describe how your organization will use the funding awarded? Include equipment or services that would be purchased and why. �_ r I/: t.t Z 41 -t0 it- Lireterr mere_ 40c1 eAoiC en d.r :r! 7t3 3. Explain how the grant funding will specifically benefit Temecula residents. r 1 -err -4-Le C't_t rl ver J\Gl r - ;'t. o,t -+-h►s e o r, IA 'ril C . uit Targeted population (beneficiaries) of Project/Program: Estimated number of people expected to benefit from this Project/Program: c+ r mor Estimated number of volunteers involved in this Project/Program: `"' -0 �� ,1 r � i2?r\ Application: Page 3 of 7 4. In 30 words or Tess, summarize how the grant funds, if awarded, will be used. IMPORTANT: This summary will be used in a spreadsheet intended to summarize all Community Service Funding Grant Applications submitted to the City. w"t i b G r.l r --k p rc;Act eCU(C c7 II z 45c,c(-� Le:., eel1 fp iate -- r.t r .ez cdemac&& Crit Z.0 .s lull { PROJECT/PROGRAM — BUDGET PROJECT/PROGRAM BUDGET Line Items for Project/Program VARIOUS TYPES OF REVENUES/INCOME FOR THE PROJECT/PROGRAM: Amount of money requested from the City of Temecula Community Support Grant (Not to exceed $5,000) Revenues Cash contributed to Project/Program by the Applicant Organization Other grants orfunding already awarded for Project/Program, if any In -Kind match amount or volunteer credit hours estimated amount VARIOUS TYPES OF EXPENSES FOR THE SPECIFIC PROJECT/PROGRAM: Staffing expense for Project/Program (this amount is ineligible to be funded by City's Grant; however please include) Equipment expense for Project/Program Expenses Food expense for Project/Program Marketing expense for Project/Program Supplies expense for Project/Program Facilities/Rent expense for Project/Program Other expense for Project/Program TOTAL BUDGET FOR PROJECT/PROGRAM $ $ Application: Page 4 of 7 SIGNATURE PAGE The applicant acknowledges and agrees to the following:. • Recipient is subject to all Community Service Funding Program requirements including submittal deadlines and payment disbursements. • Every Community Service Funding application is considered individually and on its own merit. • Awards will be given to organizations and activities that directly benefit the residents of Temecula. • Funding is not immediately available to the recipient; and requires an award letter signature upon approval. Please allow time for checks to be processed. • The awarding of Community Service Funding does not constitute an automatic annual allocation. • The recognition for Community Service Funding should accrue to the City of Temecula. • Community Service Funding must be spent as specified on the Application and records may be requested by the City of Temecula to ensure the funds were used appropriately. • Community Service Funding grants will not be awarded or announced within the 60 days before an election in which an awarding Council Member is on the ballot. • The recipient shall provide a full accounting with documentation on the use of awarded funds. The recipient shall return to the City any funds not spent or documented per the signed agreement. We hereby certify the information contained in this Application is true to the best of our knowledge and belief. PREPARED r1 '] F orp(--)A5-Tc) TITLE (Please Print or Type) SIGNATURE: f.. ,4:C/• 7% �, AUTHORIZED OFFICER: f{ , i CA i �t C f t'G` , f" r`� , � �'iC - C'� PRESIDENT or NAME and TITLE (Please Print or Type) J.' SIGNATURE: 4-4a..4 ) ) ---ler--,gi n G Ls- `�AZc ORGANIZATION NAME.. /� TELEPHONE: r(L rt EMAIL ADDRESS:Irli DATE: 7C2c7/7 (Month, Day, Year) SUBMIT ORIGINAL APPLICATION BY FRIDAY SEPTEMBER 15, 2017 TO: Mail to: City of Temecula Community Service Funding Attn: City Manager's Office 41000 Main Street Temecula, CA 92590 If you have any questions please contact Betsy Lowrey at (951) 693-3959 or Sue Steffen at (951) 506-5100. Application: Page 7 of 7 FY 2017/2018 COMMUNITY SERVICE FUNDING GRANT APPLICATION # 2 ALZHEIMER'S ASSOCIATION J CITY OF TEMECIJIA FISCAL YEAR 2017-2018 COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2017-18 Program Submission Deadline: Friday, September 15, 2017 PROJECT/PROGRAM INFORMATION Amount Requested: $_ $5,000 (Maximum allowable $5,000 per Organization) Project/Program Title: Family Caregiver Assistance Program (FCAP) Project/Program Start Date: January 2018 Project/Program End Date: Ongoing If Grant is Awarded, Make Check Payable to: Alzheimer's Association Mailing Address IE Regional Office, 3200 Inland Empire Blvd, Suite 280, Ontario CA 91764 ORGANIZATION INFORMATION and GEOGRAPHIC AREA SERVED Name of Applicant Organization: Website: alz.orglsocal Alzheimer's Association, CA Southland Chapter - IE Region Contact Name: Krystle Joseph Title/Position: Contact Person's Email Address krjoseph@alz.org Telephone:. 1111.1111.111111 Year Organization Founded: 1980 Number of Paid Staff: 22 (CA Southland) Number of Volunteers: 50+ (IE Region Only) Geographic area(s) the organization serves: Riverside, San Bernardino, LA Counties Geographic area the Project/Program will serve (NOTE: Community Service Funding Grant must exclusively be used to serve Temecula) Southwest Riverside County/Ternecula Include a physical address of Project/Prograni (if different than Organization's Mailing Address): Currents : Ma Philli•s Sr Ctr - 41845 6th St Temecula Fundraising Manager is this organization incorporated as a nonprofit organization? Yes x No ineligible to receive City Funding) Provide a copy of your statement of nonprofit status from the State of California, and the first page (only) of the most recent IRS Form 990. IRS Form 990 is a public record. Form 990s for all charities registered in California are posted on the Attorney General's web site www.aq.ca.gov. The website also offers a searchable database of California charities. Form 990s for 501(c )(3) charities may be found at GuideStar www.quidestar.orq. Date of Incorporation as a Nonprofit: 1985 Federal Identification Number: State Identification Number: (If No, then it is Submit and Attach Status Verification from Internal Revenue Services and Franchise Tax Board: 1. http:/lapps.irs_uov/appleosl (print out and attach Deductibility Status) 2. https://www.ftb.ca.govlonline/self serve entity status letter/index asp (print cikrikeeitaach Entity Status Letter) Application: Page 1 of 7 SEP 1 5 2017 CITY MANAGER'S OFFICE Has the organization or any members of the Board of Directors of the organization been involved with any personal business transactions valued over $5030 including any business transactions, negotiations, investments, or interests in real property with a Temecula City Council Member during the past 12 months? Yes No x If Yes, briefly describe: Is a Temecula City Council Member a member of the Board of Directors or an Officer of the organization? Yes No x If Yes, provide Council Member's Name and title within the organization: This Application has been authorized by the organization's: Executive Committee nM Board of Directors n/a Members -at -Large n/a FINANCIAL STATEMENTS Upon request, copies of the current budget of the organization / financial statements (balance statement and income statement), and if available CPA's audit, may be needed to demonstrate sound financial management. Do not submit now. L CITY OF TEMECULA FUNDING — OTHER SOURCES Within the past two years, has your organization received (or is your organization concurrently requesting) any other sources of funding from the City of Temecula? Yes_ No x If Yes, provide information in table below: Type of Funding from City Program, Project or Service(s) Supported by the Grant or Sponsorship Month/Year Received Amount MISSION STATEMENT OF ORGANIZATION Briefly describe the goals and objectives, or mission, of your organization. Founded in 1980. the Alzheimer's Association is the leading voluntary health organization in Alzheimer's disease care, support and research. With nearly 80 chapters across America, a home office in Chicago and a public policy office in Washington D.C., we work relentlessly to fulfill our mission: to eliminate Alzheimer's disease through the advancement of research; to provide and enhance care and support tor ail affected; and to reduce the risk of dementia thiouylr lite piuinutio i ur brain iredlllr. [Jur visitorr ib d wurht withoutist;crat~. Application: Page 2 of 7 GRANT FUNDING PROJECT/PROGRAM DESCRIPTION NOTE: Receiptslinvoices wilt be required to be submitted to the City to demonstrate that your organization used grant funding awarded by the City to support the project/program as described here. See Compliance Reporting Requirements on Application Page 9 for details. 1. Provide a brief description of the Project/Program (and its objectives) that the City of Temecula grant funding will be used to support. See Attachment - Page 1 2. Describe how your organization will use the funding awarded? Include equipment or services that would be purchased and why. The funds will be used on direct services, and for gift cards, including: • Purchase of Gas Cards for families Purchase of Grocery gift cards for families Reimbursement for local homecare agencies providing transportation services Reimbursement for local businesses provided meal prep services Other expenses will include the cost of marketing the program through our already established relationships at local home care agencies, long term care facilities, hospitals, community centers etc. This marketing cost will include material distribution as well as ad space purchases in local papers and through digital marketing. 3. Explain how the grant funding will specifically benefit Temecula residents. Funds used through the Family Caregiver Support Program will be reserved for family caregivers in the city of Temecula, providing direct service support for Temecula residents and specifically to the families affected by the disease. Our education and support groups will reach more Temecula residents as the groups grow due to our marketing efforts. Local businesses in Temecula will benefit as we partner costs of this program directly with local agencies, We will also market locally and increase funds in the Local economy. Overall, we will improve the quality of life for the families in Temecula. Targeted population (beneficiaries) of Project/Program: Families of those affected by the disease Estimated number of people expected to benefit from this Project/Program: 50 families Estimated number of volunteers involved in this Project/Program: 15-20 - Application: Page 3 of 7 4. In 30 words or less, summarize how the grant funds, if awarded, will be used. IMPORTANT: This summary will be used in a spreadsheet intended to summarize all Community Service Funding Grant Applications submitted to the City. Stipends for caregivers to assist with everyday needs: gas cards; grocery giftcards; transportation through homecare agencies; prepared healthy food from meal prep companies. Funds also used for marketing program. PROJECT/PROGRAM — BUDGET PROJECT[PROGRAiVM BUDGET Line Items for Project/Program VARIOUS TYPES OF REVENUES/INCOME FOR THE PROJECT/PROGRAM: Amount of money requested from the City of Temecula Community Support Grant (Not to exceed $5,000) Cash contributed to Project/Program by the Applicant Organization Other grants or funding already awarded for Project/Program, if any In -Kind match amount or volunteer credit hours estimated amount VARIOUS TYPES OF EXPENSES FOR THE SPECIFIC PROJECT/PROGRAM: Staffing expense for Project/Program (this amount is ineligible to be funded by City's Grant; however please include) Equipment expense for Project/Program Food expense for Project/Program Marketing expense for Project/Program (includes local media ad purchases to promote) Supplies expense for Project/Program Facilities/Rent expense for Project/Program Other expense for Project/Program, project Gift Cards & Services TOTAL BUDGET FOR PROJECT/PROGRAM Revenues Expenses 1 Application: Page 4 of 7 SIGNATURE PAGE The applicant acknowledges and agrees to the following: • Recipient is subject to all Community Service Funding Program requirements including submittal deadlines and payment disbursements. • Every Community Service Funding application is considered individually and on its own merit. • Awards will be given to organizations and activities that directly benefit the residents of Temecula. • Funding is not immediately available to the recipient; and requires an award letter signature upon approval. Please allow time for checks to be processed. • The awarding of Community Service Funding does not constitute an automatic annual allocation. • The recognition for Community Service Funding should accrue to the City of Temecula. • Community Service Funding must be spent as specified on the Application and records may be requested by the City of Temecula to ensure the funds were used appropriately. • Community Service Funding grants will not be awarded or announced within the 60 days before an election in which an awarding Council Member is on the ballot. • The recipient shall provide a full accounting with documentation on the use of awarded funds. The recipient shall return to the City any funds not spent or documented per the signed agreement. We hereby certify the information contained in this Application is true to the best of our knowledge and belief. PREPARED BY: Krystle Lisenby Joseph - Fundraising Manager SIGNATURE: < < N I,TLE (Please Print or Type) PRESIDENT or AUTHORIZED OFFICER: n!a SIGNATURE: ORGANIZATION NAME: TELEPHONE: DATE: NAME and TITLE (Please Print or Type) Alzheimer's Association, California Southland Chapter September 15, 2017 EMAIL ADDRESS: krjoseph@alz.org (Month, Day, Year) SUBMIT ORIGINAL APPLICATION BY FRIDAY SEPTEMBER 15, 2017 TO: Mail to: City of Temecula Community Service Funding Attn: City Manager's Office 41000 Main Street Temecula, CA 92590 If you have any questions please contact Betsy Lowrey at (951) 693-3959 or Sue Steffen at (951) 506-5100. Application: Page 7 of 7 aizheimer's assvciativrr THE BRAINS BEHIND SAVINGYOURS:" 1. Provide a brief description of the Project/Program (and its objectives) that the City of Temecula grant funding will be used to support. Alzheimer's disease is the most common type of dementia, accounting for 70% of the cases in the US, and is the 5th leading cause of death in the state of California. Medi-Cal spending on Alzheimer's will exceed $5 billion by 2025 (Facts and Figures, AA). Riverside County had 34,949 cases in 2015, and this number is projected to almost double by 2030. This disease causes a tremendous financial burden to both the community, and the families directly affected by it. The Alzheimer's Association, California Southland Chapter's IE Regional Office is here to provide support and education services throughout the Inland Empire. Specifically in the Temecula Valley, the Association currently hosts support groups at the Mary Phillips Senior Center in Temecula, as well as education programs in the city of Murrieta (servicing Temecula families as well). Our services are provided to families of those living with Alzheimer's disease AT NO COST, and we currently have over 300 constituents who have benefitted from our services in the city of Temecula. Every year, our support in the Temecula Valley grows as we host our annual Walk to End Alzheimer's in Temecula. Approximately 25% of our Walk to End Alzheimer's participants are Temecula residents. Attendees learn about our mission as well as our programs and services in the community. However, many families do not currently know about our services or are hesitant to face the reality of what their loved one is going through. We are looking to enhance our current support groups and education programs by combining our current, no cost services with a new Family Caregiver Assistance Program (FLAP), funded directly through this community service funding, to offer direct support services to families in the city of Temecula. One area in particular that families are most challenged with is transportation issues. The new Family Caregiver Assistance Program will offer families funds to assist with their transportation needs of a loved one, including to/from doctors visits, running general errands, and/or visits to family members that may be living at a local facility. Some families will benefit simply with the use of a gas card, while others will be in direct need of an agency to do the transportation for them. We will contract direct transportation services with a local homecare agency in the city of Temecula, that is already licensed to do the transportation services. Another area of need that the program will assist with is providing the opportunity to make healthy eating a priority in the home. Funds will be distributed in the form of grocery gift cards to be used at local health food stores in Temecula (such as Sprouts, Trader _loess etc). An added opportunity will be to use funds for local meal prep services to prepare the food for the family, and the family can easily reheat the healthy meal at home. We want to partner with a local food-prep company to do this part of the service. Overall, the more families we can bring into our Education and Support Groups in direct response to the Family Caregiver Assistance Program, the more information we can provide to residents, in hope to ease the burden on the families, as well as provide a higher of quality of life for all involved. 1 alzheimer's association' 800.272.3900 1 als.org RSVP anytime 800.272,3900 Date & Time Friday, October 6 1:OOpm-22:3Opm Day & Time Every 2nd Friday of each month 9:OOam-10:OOam Every 3rd Saturday of each month 10:3Oam-12:00pm Every 15L Tuesday of each month 5:30pm-7:00pm Starts October 2017 Every 1st Monday of each month 1:OOpm-2:30pm Every 4`h Tuesday of each month 1:O0pm-2:30pm Over -the -Phone Education RSVP Required: call 800.272.3900 Effective Communication Strategies Learn to decode the verbal and behavioral messages delivered by someone with dementia and identify strategies to help you connect and communicate at each stage of the disease. Caregiver Support Groups Caregiver Support Group at Mary Phillips Senior Center 41845 6th St. Temecula,CA 92590 Caregiver Support Group at Vineyard Place 24325 Washington Ave. Murrieta, CA 92562 Caregiver Support Group at Janet Goeske Senior Center 5257 Sierra Street, Riverside, CA 92504 The Alzheimer's Association offers a monthly telephone support group. Spanish Telephone Support Group Details Pre -registration at least 1 day prior to teleconference required to receive dial -in instructions: Please call 800.272,3900 Details Please call Taryn Ontiveros at o confirm meeting date and time. s Please call Ta n Ontiveros at to confirm meeting date and time. Please call Angelika Pittet at to confirm meeting date and time. RSVP: 800.272.3900 RSVP at 800.272.3900 or contact Linda Loera at Walk to End Alzheimer's@ enables our free programs. Walk with us on September 23rd in Riverside, October 1st in Temecula, or October 21St in Ontario. Sign up at alz.orglwalk to support our mission. 24/7 HELPLINE 1.800.272.3900 Our professionally -trained staff offers support and provides translation services in more than 200 languages. ALZCONNECTED This free social networking community operates 24 -hours a day. 365 days a year and is dedicated to anyone impacted by Alzheimer's. Join the conversation at alzconnected.org, AL 7.ORG/SOCAL The Alzheimer's Association California Southland Chapter offers a variety of in-person and online education programs to support those facing Alzheimer's and their caregivers. '1 FY 2017/2018 COMMUNITY SERVICE FUNDING GRANT APPLICATION # 3 ANIMAL FRIENDS OF THE VALLEY CITY OF TEMECULA FISCAL YEAR 2017-2018 COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2017-18 Program Submission Deadline: Friday, September 15, 2017 PROJECT/PROGRAM INFORMATION Amount Requested: $ 5000 (Maximum allowable $5,000 per Organization) Project/Program Title: Huey's Heroes Childrens Reading Program Project/Program Start Date: Jan 1, 2018 Project/Program End Date: May 1, 2018 If Grant is Awarded, Make Check Payable to: Animal Friends of the Valleys Mailing Address 33751 Mission Trail Rd. Wildomar, Ca. 92595 ORGANIZATION INFORMATION and GEOGRAPHIC AREA SERVED Name of Applicant Organization: Animal Friends of the Valleys Website: www, an imalfriendsofthevalleys.com Contact Name: Beth Soltysiak Title/Position: Director of Development Contact Person's Email Address beth@animalfriendsofthevalleys.com Telephone: Year Organization Founded: Number of Paid Staff: 75 Number of Volunteers: 1700 1987 Geographic area(s) the organization serves: Temecula, Murrieta, Wildomar, Lake Elsinore, Canyon Lake, and Menifee, Geographic area the Project/Program will serve (NOTE: Community Service Funding Grant must exclusively be used to serve Temecula) Temecula Include a physical address of Project/Program (if different than Organization's Mailing Address): Temecula Public Library Is this organization incorporated as a nonprofit organization? Yes X No (If No, then it is ineligible to receive City Funding) Provide a copy of your statement of nonprofit status from the State of California, and the first page (only) of the most recent IRS Form 990. IRS Form 990 is a public record. Form 990s for ail charities registered in California are posted on the Attorney General's web site www.aa.ca.gov. The website also offers a searchable database of California charities. Form 990s for 501(c )(3) charities may be found at GuideStar www.auidestar.orq. Date of Incorporation as a Nonprofit: November 19th 1987 Federal Identification Number: State Identification Number: Submit and Attach Status Verification from Internal Revenue Services and Franchise Tax Board: 1. http:Napps.irs.00vlappleosl (print out and attach Deductibility Status) 2. https://www.ftb.ca.9ov/onlinefself serve entity status letter/index.asp (print out and attach Entity Status Letter) RECEIVED SEP 1 5 201/ Application: Page 1 of 7 CITY MANAGER'S OFFICE Has the organization or any members of the Board of Directors of the organization been involved with any personal business transactions valued aver $500 including any business transactions, negotiations, investments, or interests in real property with a Temecula City Council Member during the past 12 months? Yes No X If Yes, briefly describe: Is a Temecula City Council Member a member of the Board of Directors or an Officer of the organization? Yes No X If Yes, provide Council Member's Name and title within the organization: This Application has been authorized by the organization's: Executive Committee X Board of Directors Members -at -Large FINANCIAL STATEMENTS Upon request, copies of the current budget of the organization / financial statements (balance statement and income statement), and if available CPA's audit, may be needed to demonstrate sound financial management. Do not submit now. CITY OF TEMECULA FUNDING OTHER SOURCES Within the past two years, has your organization received (or is your organization concurrently requesting) any other sources of funding from the City of Temecula? Yes_ No X If Yes, provide information in table below: Type of FundingProgram, from City Project or Service(s) Supported by the Grant or Sponsorship MonthlYear Received Amount MISSION STATEMENT OF ORGANIZATION Briefly describe the goals and objectives, or mission, of your organization. Animal Friends of the Valleys is dedicated to promoting humane care of animals through education and a humane, proactive animal services program. We are committed to preventing the suffering of animals and to ending pet overpopulation in the cities we serve. AFV's vision is to be recognized as the leading shelter by providing a safe haven for all animals, while becoming a full service animal care facility that offers quality and affordable care. Our mission is *0 find loving and forever homes for all of the animals. We hope to achieve these goals through community education and involvement. Application: Page 2 of 7 GRANT FUNDING PROJECT/PROGRAM DESCRIPTION NOTE: Receipts/invoices wiU be required to be submitted to the City to demonstrate that your organization used grant funding awarded by the City to support the project/program as described here. See Compliance Reporting Requirements on Application Page 9 for details. 1 Provide a brief description of the Project/Program (and its objectives) that the City of Temecula grant funding will be used to support. Huey's Heroes Childrens Reading Program The Animal Friends of The Valleys would like to start an after school reading program, Huey's Heroes at the Temecula Public Library and eventually an to local Temecula Elementary Schools. It has been proven that the more children read, the more successful that child will become in all areas of academics. The more a child reads the more apt that student will become engaged in school and continue on to college All 2nd and 3rd graders in Temecula will be encouraged to come to the library after school accompanied with an adult to read to well behaved shelter dogs. The dogs that will be at the library will be under the care of the education coordinator and volunteer dog handlers. Children who read to dogs are given the opportunity to practice reading with no judgements or corrections. This eases the stress children can sometimes experience by reading to another adult or teacher. This in turn cultivates the love of reading for years to come. Children will be encouraged to use the Temecula library books . The children who sign up for this program will also Learn how to be gentle with animals which teaches the love of all living things. Respectful children learn to be respectful adults. Not only is this good for the chilren it socializes the dogs as well. Soft reading calms the dogs and relaxes them. This program will run for four months and each child that lives In Temecula and registers for this free program will get points to use towards a special gift from the shelter. 2. Describe how your organization will use the funding awarded? Include equipment or services that would be purchased and why. Once the Animal Friends of the Valleys is awarded the Temecula Community service funding we will start into action. The Director of Development, events manager and the education coordinator will strategize the best avenues for marketing to Temecula residents for this fun and exciting animal program. Money awarded by this grant will help offset marketing and advertising expenses It will help pay for transportation costs for the animals in special vans to the Temecula library. It will provide for food and water for canines. It will help pay the hourly wage for the events manager and education coordinator. AFV will be providing a a healthy snack for the children during the program. We will also need to offset expenses for snacks and water for the dogs. With this award AFV will be purchasing cozy blankets and pillows so the children can sit on the floor and read to the dogs. This grant will also offset the gas that will be used to transport the dogs from the shelter in Wildomar. With the expected success of this program AFV envisons moving this program to all elementary school in Temecula. This will incur outreach expenses for additional books and reading materials at age appropriate levels. 3. Explain how the grant funding will specifically benefit Temecula residents. This program , Huey's Heroes will only be offered at the Temecula Library and Temecula residents with a valid Temecula Library card. Once this program is successful our vision and goal would be to expand this program to all Temecula elementary schools. Temecula prides itself in inovative programs and family friendly events. This encompasses both avenues. This reading program will foster kinder empathetic children who will grow into caring teenagers and adults. Temecula's goal is to remain a safe and caring community and I think this program would help Temecula maintain its friendly and safe reputation Targeted population (beneficiaries) of Project/Program: 5,007 Estimated number of people expected to benefit from this Project/Program:: Estimated number of volunteers involved in this Project/Program: 150 Application: Page 3 of 7 5,000 Ail grant monies willl be applied in fiscally responsible application, edirrg tttt r pPTed to hourlywag rtha•staff-t -will- ---- 4. In 30 words or less, summarize how the grant funds, if awarded, will be used. IMPORTANT: This summary will be used in a spreadsheet intended to summarize all Community Service Funding Grant Applications submitted to the City. canductincythis T necula oureach`#trocram Grant money will be used for su lies Ca es water and food for the canines. Leashes, collars and needed items for transportation off the shelter property. Supplies for the reading program ,books, paper and writing materials that will be needed to enrich the program. Marketing to the citzens of the Temecula area. Funding for Peachjar to notify the parents of this exciting program. PROJECT/PROGRAM — BUDGET PROJECT/PROGRAM BUDGET Line Items for Project/Program VARIOUS TYPES OF REVENUES/INCOME FOR THE PROJECT/PROGRAM: Amount of money requested from the City of Temecula Community Support Grant (Not to exceed $5,000) Cash contributed to Project/Program by the Applicant Organization Other grants or funding already awarded for Project/Program, if any In -Kind match amount or volunteer credit hours estimated amount VARIOUS TYPES OF EXPENSES FOR THE SPECIFIC PROJECT/PROGRAM: Staffing expense for Project/Program (this amount is ineligible to be funded by City's Grant; however please include) Equipment expense for Project/Program Food expense for Project/Program Marketing expense for Project/Program Supplies expense for Project/Program Facilities/Rent expense for Project/Program Other expense for Project/Program TOTAL BUDGET FOR PROJECT/PROGRAM Revenues Expenses Application: Page 4 of 7 SIGNATURE PAGE The applicant acknowledges and agrees to the following: • Recipient is subject to all Community Service Funding Program requirements including submittal deadlines and payment disbursements. + Every Community Service Funding application is considered individually and on its own merit. • Awards will be given to organizations and activities that directly benefit the residents of Temecula. ■ Funding is not immediately available to the recipient; and requires an award letter signature upon approval. Please allow time for checks to be processed. • The awarding of Community Service Funding does not constitute an automatic annual allocation. • The recognition for Community Service Funding should accrue to the City of Temecula. • Community Service Funding must be spent as specified on the Application and records may be requested by the City of Temecula to ensure the funds were used appropriately. • Community Service Funding grants will not be awarded or announced within the 60 days before an election in which an awarding Council Member is on the ballot. • The recipient shall provide a full accounting with documentation on the use of awarded funds. The recipient shall return to the City any funds not spent or documented per the signed agreement. We hereby certify the information contained in this Application is true to the best of our knowledge and belief. PREPARED BY: Beth Sortysiak SIGNATURE: Beth Soltysiak NAME and TITLE (Please Print or Type) PRESIDENT or AUTHORIZED OFFICER: Beth Soltysiak Director of Development NAME and TITLE (Please Print or Type) SIGNATURE: Beth Soltysiak ORGANIZATION NAME: Animal Friends of the Valleys TELEPHONE: EMAIL ADDRESS: beth@animalfriendsofthevaileys.com DATE: 09/15/2017 (Month, Day, Year) SUBMIT ORIGINAL APPLICATION BY FRIDAY SEPTEMBER 15, 2017 TO: Mail to: City of Temecula Community Service Funding Attn: City Manager's Office 41000 Main Street Temecula, CA 92590 If you have any questions please contact Betsy Lowrey at (951) 693-3959 or Sue Steffen at (951) 506-5100. Application: Page 7 of 7 FY 2017/2018 COMMUNITY SERVICE FUNDING GRANT APPLICATION # 4 ASSISTANCE LEAGUE CITY OE TEM EC[JLA FISCAL YEAR 2017-2018 COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2017-18 Proaram Submission Deadline: Friday, September 15, 2017 PROJECT/PROGRAM INFORMATION Amount Requested: $ 5,000 Project/Program Title: Operation Foster Youth (Maximum allowable $5,000 per Organization) Project/Program Start Date: June 1. 2017 Project/Program End Date' May 31. 2018 If Grant is Awarded, Make Check Payable to: Assistance League of Temecula Valley Mailing Address: 28720 Via Montezuma, Temecula CA 92590 ORGANIZATION INFORMATION and GEOGRAPHIC AREA SERVED Name of Applicant Organization: Assistance League of Temecula Valley Website: https:l/www.assistanceleaque.orgltemecula-valley Contact Name: Dorcas Shaktman Title/Position: VP of Finance Contact Person's Email Address: Telephone: Year Organization Founded: 1989 Number of Paid Staff: 0 Number of Volunteers: 220 Geographic area(s) the organization serves: Southwest Riverside County Economic Development Region (Including Temecula) Geographic area the ProjectlProgram will serve (NOTE: Community Service Funding Grant must exclusively be used to serve Temecula): Temecula, facility site of ALTV, 28720 Via Montezuma. Temecula, CA 92590 Include a physical address of Project/Program (if different than Organization's Mailing Address): N/A Is this organization incorporated as a non-profit organization? Yes X No� (if No, then it is ineligible to receive City funding.) Application: Page 1 of 7 Provide a copy of your statement of nonprofit status from the State of California, and the first page (only) of the most recent IRS Form 990. IRS Form 990 is a public record. Form 990s for all charities registered in California are posted on the Attorney General's website www.aq.ca.aov. The website also offers a searchable database of California charities. Form 990s for 501(c)(3) charities may be found at GuideStar www.quidestar.arq. Date of Incorporation as a Nonprofit: 15'" of .tune 1989 Federal Identification Number: State Identification Number: Submit and Attach Status Verification from Internal Revenue Services and Franchise Tax Board: 1. http://apps.irs.gov/app/eos/ (print out and attach Deductibility Status) 2. https://www.ftb.ca.c ovlanline/self serve entity status letteriindex,asp (print out and attach Entity Status Letter) Has the organization or any members of the Board of Directors of the organization been involved with any personal business transactions valued over $500 including any business transactions, negotiations, investments, or interests in real property with a Temecula City Council Member during the past 12 months? Yes No X If Yes, briefly describe: N/A Is a Temecula City Council Member a member of the Board of Directors or an Officer of the organization? Yes No X If Yes, provide Council Member's Name and title within the organization: This Application has been authorized by the organization's: Executive Committee Board of Directors: X Members -at -Large FINANCIAL STATEMENTS Upon request, copies of the current budget of the organization / financial statements (balance statement and income statement), and if available, CPA's audit, may be needed to demonstrate sound financial management. Do not submit now. CITY OF TEMECULA FUNDING — OTHER SOURCES Within the past two years, has your organization received (or is your organization concurrently requesting) any other sources of funding from the City of Temecula? Yes X No, If Yes, provide information in table below: Type of Funding from City TCSFP Temecula City Grant 2016-2017 TCSFP Temecula City Grant 2015-2016 Program, Project or Service(s) Supported by the Grant or sponsorship To replace the front doors with a bronze door frame, dual pane glass for energy efficiency, and electronic sliding doors to accommodate wheelchair and walker patrons ALTV Public meeting room safety repairs/upgrades, kitchen floor replacement and tree maintenance MonthlYear Received 12/2016 Amount $4,768.84 12/2015 $5,000.00 Application: Page 2 of 7 MISSION STATEMENT OF ORGANIZATION Briefly describe the goals and objectives, or mission, of your organization: Assistance League of Temecula Valley provides the following programs/services to benefit communities in the Southwest Region of Riverside County: Operation School Belle): Schoolchildren (K-12) are able to select and purchase new school clothing and shoes of their choosing free of charge at local department stores within the defined services areas of Temecula, Murrieta, Menifee, Lake Elsinore, Wildomar and Ramoland. Chapters for Children: is a partnership of seven local Southern California Assistance League chapters who combine financial resources and the time and energy of chapter volunteers to provide new school clothing to low income military families with dependent school children stationed at Camp Pendleton. Save Our Students (SOS): provides duffle bags filled with items for immediate hygiene needs and a change of clothing distributed to Head Start, State Preschool and Special Education Preschool classrooms. Operation Community Outreach: meets a range of community needs on a one-time basis. This program enables the organization to respond to emergency requests for goods and services in a flexible manner. Operation SHADES: provides financial literacy classes for targeted youth, ages 16-18. Classes are taught on-site at high school campuses as a full day financial conference. Operation Bear Hug: provides teddy bears to children who are sick, traumatized or injured who visit local emergency rooms and other agencies that service the community. Operation Nonprofit Partnerships: partners with other community nonprofit organizations to assist in the provision of much needed services to the community. Operation Scholarships: awards financial aid to graduating high school seniors in our local districts. Grants are also awarded to district teachers to enable them to provide enrichment activities for their students. ASSISTEENS®: Our junior auxiliary encourages and provides volunteer opportunities for young people in grades (7-12). Assisteens raise money to fund ongoing philanthropic programs that benefit their community such as Operation Book Worm, Operation School Beil support, Community Outreach, Rewarding Positive Behavior, Harvest Festival. Rancho Damacitas and Peter Rabbit. Application: Page 3 of 7 GRANT FUNDING PROJECT/PROGRAM DESCRIPTION NOTE: Receipts/invoices will be required to be submitted to the City to demonstrate that your organization used grant funding awarded by the City to support the project/program as described here. See Compliance Reporting Requirements on Application Page 9 for details. 1. Provide a brief description of the Project/Program (and its objectives) that the City of Temecula grant funding will he used to support. Assistance League of Temecula Valley seeks support from the City of Temecula to support the ongoing efforts of the Operation Foster Youth program. Operation Foster Youth is a program that serves to make life easier for every child who must enter the foster care system in Temecula. If awarded, Temecula Community Service Funds would specifically be used to benefit foster youth residing in Temecula. Operation Foster Youth is managed by a committee composed of 17 core volunteers who engage and collaborate with local schools, foster care homes, and Foster Family Agencies to effectively reach the target population in the region. Research shows that state funding only partially covers the costs of care for foster youth. As a result, many foster youth lack basic needs such as shoes and clothing, and often forgo the extracurricular activities that create meaningful and memorable childhood experiences. Operation Foster Youth works with local partners to fill the gap by identifying priority needs of local foster youth, and typically filling most requests within 24-48 hours. Operation Foster Youth services typically include: the provision of basic clothing and hygiene items for children entering the system for the first time; support for former foster youth to successfully transition to independence; providing Christmas gifts through the Christmas Giving Tree Program; covering high school graduation expenses; and purchasing 'summer fun` activity passes to encourage positive childhood experiences. In 2016, Operation Foster Youth provided resources to 972 foster youth, including 215 youth from the city of Temecula. included in these resources were 120 Christmas gifts, 450 summer activity passes to various amusement parks, and college expenses to help cover the cost of college supplies and laundry services. 2. Describe how your organization will use the funding awarded? Include equipment or services that would be purchased and why. Operation Foster Youth is requesting $5,000 from the City of Temecula to increase the number of foster youth in Temecula who receive assistance during the summer months, "Summer Fun Passes". Operation Foster Youth will use its existing relationships with school district foster youth liaisons and foster family agencies, in order to identify and serve foster youth in the City of Temecula. Operation Foster Youth expects to serve an additional 200 Temecula foster youth during the 2017-2018 funding cycle. Summer Activity Passes: Operation Foster Youth is committed to creating positive childhood experiences that improve long term outcomes for foster youth. Summer Activity Passes allow foster youth to participate in childhood activities that encourage happiness, a sense of normalcy, and simply allow kids to just be kids. Research has shown that extracurricular activities actually increase academic achievement, alleviate behavioral problems, foster identity development, and allow at -risk youth to build healthy and positive relationships. Providing Summer Activity Passes and incentive awards not only provides meaningful summer activities but also helps Temecula foster youth can build stronger relationships with foster families, peers, and the immediate community. In 2016, Operation Foster Youth provided more than 450 Summer Activity Passes to foster youth in the Southwest Riverside County service area. Activity passes included but were not limited to local attractions such as: Mulligan's Family Fun Center; Edwards Cinemas; Temecula Children's Museum; & Epic Rollertainment. Summer Activity Passes have also been provided to attractions outside the local region, and have previously included: Perris Dropzone; Castle Park, San Diego Zoo, Knotts Berry farm, and Disneyland. Additionally, foster family agencies arE provided with achievement incentive rewards for summer sports and educational activities. Application: Page 4 of 7 All passes are purchased at the request of Foster Family Agencies who then distribute the passes to local foster families. With funding provided by the City of Temecula, Operation Foster Youth will increase the number of Summer Activity Passes that are distributed to foster youth residing in Temecula. 3. Explain how the grant funding will specifically benefit Temecula residents. In 2016, Operation Foster Youth provided support to a total of 972 foster youth, of which 215 were Temecula residents. A $5,000 grant from the City of Temecula would impact an additional 200 foster youth during the 2017- 2018 funding cycle. Funding would provide Summer Activities Passes, and incentive rewards for sports and educational activities. These youth are specifically identified and targeted through the close collaboration that exists between Operation Foster Youth committee members, foster youth liaisons from the Temecula Valley Unified School District; and Temecula -based foster family agencies, including Koinonia Family Services, and Hugs Family Services. Targeted population (beneficiaries) of Project/Prograrn: Temecula Foster Youth (all ages) Estimated number of people expected to benefit from this Project/Program: 200 Estimated number of volunteers involved in this Project/Program: 17 4. In 30 words or less, summarize how the grant funds, if awarded, will be used. IMPORTANT This summary will be used in a spreadshe.et intended to summarize all Community Service Funding Grant Applications submitted to the City. Operation Foster Youth will provide assistance to local foster youth for 'Summer Activity Passes". Passes and rewards include but are not limited to family entertainment activities, museums, and amusement parks. Application. Page 5 of 7 PROJECT/PROGRAM — BUDGET PROJECT/PROGRAM BUDGET Line Items for Project/Program VARIOUS TYPES OF REVENUES/INCOME FOR THE PROJECT/PROGRAM: Revenues Expenses Amount of money requested from the City of Temecula Community Support Grant (Not to exceed $5,000) Cash contributed to Project/Program by the Applicant Organization Other grants or funding already awarded for Project/Program, if any In -Kind match amount or volunteer credit hours estimated amount VARIOUS TYPES OF EXPENSES FOR THE SPECIFIC PROJECT/PROGRAM: Staffing expense for Project/Program (this amount is ineligible to be funded by City's Grant; however please include) Equipment expense for Project/Program Food expense for Project/Program Marketing expense for Project/Program Supplies expense for Project/Program Facilities/Rent expense for Project/Program Other expense for Project/Program TOTAL BUDGET FOR PROJECT/PROGRAM Application: Page 6 of 7 $5,000 $15,000 so $3,663 $3,663 $23,663 $20,000 $ $23,663 SIGNATURE PAGE The applicant acknowledges and agrees to the following: • Recipient is subject to all Community Service Funding Program requirements including submittal deadlines and payment disbursements. • Every Community Service Funding application is considered individually and on its own merit. • Awards will be given to organizations and activities that directly benefit the residents of Temecula. • Funding is not immediately available to the recipient; and requires an award letter signature upon approval. Please allow time for checks to be processed. • The awarding of Community Service Funding does not constitute an automatic annual allocation. • The recognition for Community Service Funding should accrue to the City of Temecula. • Community Service Funding must be spent as specified on the Application and records may be requested by the City of Temecula to ensure the funds were used appropriately. • Community Service Funding grants will not be awarded or announced within the 60 days before an election in which an awarding Council Member is on the ballot. • The recipient shall provide a full accounting with documentation on the use of awarded funds. The recipient shall return to the City any funds not spent or documented per the signed agreement. We hereby certify the information contained in this Application is true to the best of our knowledge and belief. PREPARED BY: Caasi Algazi. Grantwriter, GIFT Consult NAME and TITLE (Please Print or Type) SIGNATURE: NA PRESIDENT or AUTHORIZED OFFICER: Dorcas Shaktman. VP of Finance ALTV J Nand TITLE (Please Print or Type) SIGNATURE: %rot /{i:-�l/' ORGANIZATION NAME: Assistance League of Temecula Valley TELEPHONE: EMAIL ADDRESS: DATE: 9/12/2017 (Month, Day, Year) SUBMIT ORIGINAL APPLICATION BY FRIDAY SEPTEMBER 15th, 2017 TO: Mail to; City of Temecula Community Service Funding Attn: City Manager's Office 41000 Main Street Temecula. CA 92590 If you have any questions please contact Betsy Lowrey at (951) 693-3959 or Sue Steffen at (951) 506-5100. Application: Page 9 of 7 FY 2017/2018 COMMUNITY SERVICE FUNDING GRANT APPLICATION # 5 BIRTH CHOICE . CITY OF TEMECULA FISCAL YEAR 2017-2018 COMMUNITY SERVICE FUNDING PROGRAM APPLICATIPIVED (Please Print or Type) 2017-18 Program Submission Deadline: Friday, September 15, 2017 JU1 1 1 2017 r CITY MANAGER'S OFFICE PROJECT/PROGRAM INFORMATION Amount Requested: $ $5000 (Maximum allowable $5,000 per Organization) Project/Program Title: Birth Choice of Temecula Boutique and Client Services Project/Program Start Date: July 2017 Project/Program End Date: June 2018 If Grant is Awarded, Make Check Payable to: Birth Choice of Temecula Mailing Address 41750 Winchester Rd. Suite 0, Temecula CA. 92590 ORGANIZATION INFORMATION and GEOGRAPHIC AREA SERVED l Name of Applicant Organization: Birth Choice of Temecula Website: www.birthchoicetemecula.com Contact Name: Janette K. Chun Title/Position: Executive Director Contact Person's Email Address contact@birthchoicetem.com Telephone: Number of Paid Staff: 5 Geographic area(s) the organization serves: Temecula Valley Geographic area the Project/Program will serve (NOTE: Community Service Funding Grant must exclusively be used to serve Temecula) Temecula Valley Include a physical address of ProjectlProgram (if different than Organization's Mailing Address): Year Organization Founded: 1989 Number of Volunteers: 25 Is this organization incorporated as a nonprofit organization? Yes V No (If No, then it is ineligible to receive City Funding) Provide a copy of your statement of nonprofit status from the State of California, and the first page (only) of the most recent IRS Form 990. IRS Form 990 is a public record. Form 990s for all charities registered in California are posted on the Attorney General's web site www.aq_ca.gov. The website also offers a searchable database of California charities. Form 990s for 501(c )(3) charities may be found at GuideStar www.guidestar,orq. Date of Incorporation as a Nonprofit: 1990 Federal Identification Number: State Identification Number: Submit and Attach Status Verification from Internal Revenue Services and Franchise Tax Board: 1. http:llagps.irs.govlappleosl (print out and attach Deductibility Status) 2. httgs:llwww.ftb.ca.govlonlinelself serve entity status letter/index.asp (print out and attach Entity Status Letter) Application: Page 1 of 7 Has the organization or any s,aembers of the Board of Directors of the Vrganization been involved with any personal business transactions valued over $500 including any business transactions, negotiations, investments, or interests in real property with a Temecula City Council Member during the past 12 months? Yes No vo if Yes, briefly describe: Is a Temecula City Council Member a member of the Board of Directors or an Officer of the organization? Yes No g/ _ If Yes, provide Council Member's Name and title within the organization: This Application has been authorized by the organization's: Executive Committee Board of Directors Members -at -Large FINANCIAL STATEMENTS Upon request, copies of the current budget of the organization f financial statements (balance statement and income statement), and if available CPA's audit, may be needed to demonstrate sound financial management. Do not submit now. CITY OF TEMECULA FUNDING — OTHER SOURCES Within the past two years, has your organization received (or is your organization concurrently requesting) any other sources of funding from the City of Temecula? Yes No if Yes, provide information in table below: Type of Funding from City Discretionary Program, Project or Service(s) Supported by the Grant or Sponsorship Month/Year Received Amount Fund Mr, Naggar Birth Choice of Temecula Boutique MISSION STATEMENT OF ORGANIZATION Briefly describe the goals and objectives, or mission, of your organization See Adendum Application: Page 2 of 7 AUG 1 6 2017 Has the organization or any members of the Board of Directors of the organization been invoiCeTIVIViNAGEWE any personal business transactions valued over $500 including any business transactions, negotiatioiRE,F1r investments„ or interests in real property with a Temecula City Council Member during the past 12 months? Yes No if If Yes, briefly describe: Is a Temecula City Council Member a member of the Board of Directors or an Officer of the organization? Yes No v/ If Yes, provide Council Member's Name and title within the organization - This Application has been authorized by the organization's: Executive Committee Board of Directors ✓ Members -at -Large FINANCIAL STATEMENTS Upon request, copies of the current budget of the organization / financial statements (balance statement and income statement), and if available CPA's audit, may be needed to demonstrate sound financial management. Do not submit now. CITY OF TEMECULA FUNDING - OTHER SOURCES Within the past two years, has your organization received (or is your organization concurrently requesting) any ether sources of funding from the City of Temecula? Yes No If Yes, provide information in table below: Type of Fundings cram laity Program, Project or Servfce(e) Supported by the Grantor Sponsorship MontriNear Received Amount Discretionary Fund Mr. Nagger Birth Choice of Temecula Boutique June 2016 645.00 Community Service Funding Program Office Supplies, Client Materials, Educational Materials, Boutique Program , Volunteer Support Dec. 2015 $5000 Fund.tioya } ,. Fund - Boutique Supplies, Client Materials, Client Supplies April 2015 $1000 , Dtionar Fund -1\161 30. Boutique Supplies, Client Materials. Client Supplies June 2015 $1562.50 Community Service Funding Program Office Supplies, Client Materials, Educational Materials, Boutique Program, Volunteer Support Jan 2017 4,768,84 MISSION STATEMENT OF ORGANIZATION Briefly describe the goals and objectives, or mission, of your organization. See Adendum Application. Page 2 of 7 GRAN .'UNDING PROJECT/PROGRAM SCRIPTION NOTE: Receipts/invoices will be required to be submitted to the City to demonstrate that your organization used grant funding awarded by the City to support the projectlprogram as described here. See Compliance Reporting Requirements on Application Page 9 for details. 1. Provide a brief description of the Project/Program (and its objectives) that the City of Temecula grant funding will be used to support. See Addendum Describe how your organization will use the funding awarded? include equipment or services that would be purchased and why. See Addendum Explain how the grant funding will specifically benefit Temecula residents. See Addendum Targeted population (beneficiaries) of Project/Program: Estimated number of people expected to benefit from this Project/Program: Estimated number of volunteers involved in this Project/Program: - Application: Page 3 of 7 4. In 30 words or Tess, summarize how the grant funds, if awarded, will be used. IMPORTANT: This summary will be used in a spreadsheet intended to summarize all Community Service Funding Grant Applications submitted to the City. See Addendum PROJECT/PROGRAM — BUDGET PROJECT/PROGRAM BUDGET Line Items for Project/Program Revenues Expenses VARIOUS TYPES OF REVENUES/INCOME FOR THE PROJECT/PROGRAM: Amount of money requested from the City of Temecula Community Support Grant (Not to exceed $5,000) $ 5000 Cash contributed to Project/Program by the Applicant Organization $ 155,000 Other grants or funding already awarded for Project/Program, if any $ 1500 In -Kind match amount or volunteer credit hours estimated amount $ Volunteer Hours 2220.00 VARIOUS TYPES OF EXPENSES FOR THE SPECIFIC PROJECT/PROGRAM: Staffing expense for Project/Program (this amount is ineligible to be funded by City's Grant; however please include) $ 95,000 Equipment expense for Project/Program $ 3500 Food expense for Project/Program $ 3500 Marketing expense for Project/Program $ 2500 Supplies expense for Project/Program $ 2800 Facilities/Rent expense for Project/Program $ 65,000 Other expense for Project/Program $ 2,000 TOTAL. BUDGET FOR PROJECT/PROGRAM $153,720 $ 174,300 Application: Page 4 of 7 SIGNATURE PAGE The applicant acknowledges and agrees to the following: • Recipient is subject to all Community Service Funding Program requirements including submittal deadlines and payment disbursements. • Every Community Service Funding application is considered individually and on its own merit. • Awards will be given to organizations and activities that directly benefit the residents of Temecula. • Funding is not immediately available to the recipient; and requires an award letter signature upon approval. Please allow time for checks to be processed. • The awarding of Community Service Funding does not constitute an automatic annual allocation. • The recognition for Community Service Funding should accrue to the City of Temecula. • Community Service Funding must be spent as specified on the Application and records may be requested by the City of Temecula to ensure the funds were used appropriately. • Community Service Funding grants will not be awarded or announced within the 60 days before an election in which ars awarding Council Member is on the ballot. • The recipient shall provide a full accounting with documentation on the use of awarded funds. The recipient shall return to the City any funds not spent or documented per the signed agreement. We hereby certify the information contained in this Application is true to the best of our knowledge and belief. PREPARED BY: SIGNATURE: y� AUTHORIZED OFFIC R: kC Pir PRESIDENT or rb1 E' NAME and TITLE (Please Print or Type ) TITLE (Please Print or Type) SIGNATURE: (Th" i/ ORGANIZATION NAME: 'Y '\ l -Po( CL 04 Te -141 - EMAIL " iu.. EMAIL ADDRESS: 0---614a04-@, l Viinchi ceder -1.A 0 TELEPHONE DATE: - (Month, Day, Year) SUBMIT ORIGINAL APPLICATION BY FRIDAY SEPTEMBER 15, 2017 TO: Mall to: City of Temecula Community Service Funding Attn: City Manager's Office 41000 Main Street Temecula, CA 92590 If you have any questions please contact Betsy Lowrey at (951) 693-3959 or Sue Steffen at (951) 506-5100. Application: Page 7 of 7 Mission Statement Grant Year 2017-2018 Briefly describe the goals and objectives, or mission, of your organization Birth Choice of Temecula is a Pregnancy Resource Center. We provide inforrnation and resources needed in order to make an informed decision regarding the viability and sustainability of current and/or future pregnancies, through a comprehensive program that utilizes client advocacy, options education, pregnancy testing, Limited Obstetric Ultrasound, material resources and referrals to programs for assistance. The objective is to have the advocates, educational resources, limited medical services related to pregnancy testing and ultrasound as well as material assistance available to all who come to us for assistance with their unplanned pregnancy or pregnancy related needs. Birth Choice of Temecula: Mission Statement Birth Choice of Temecula exists to offer hope and compassionate help to those affected by unplanned pregnancy. Project Description 2017-2018 Questions 1, 2, 3 & 4 REC EIVED AUG 16 201? CITY MANAGER'. OFFICF 1. Provide a brief description of the Project/Program (and its objectives) that the City of Temecula grant funding will be used to support. As a pregnancy resource center to the Temecula Valley and surrounding areas, our main goal is to assist the women and families with advocacy and education in order that they may be able to make an informed decision regarding their pregnancy options when faced with an unplanned pregnancy. We then support these women and families with continued care and advocacy, education and when needed, material assistance for their children. 2. Describe how your organization will use the funding awarded? Include equipment or services that would be purchased and why. Funding from this grant would go towards supporting the following areas: 1. Client services and volunteer training. • The monies go toward client brochures, client supplies such as water, client medical care items for ultrasound and pregnancy testing, printing and printed materials, nurse & advocate volunteer training materials for excellent client care, misc office supplies that are utilized to serve our clients. 2. Boutique and material resource services. • The monies go toward boutique needs such as diapers, wipes, formula, car seats and mother and baby hygiene kits filled with items our clients need for basic hygiene. Our boutique clients have many needs and when donations are not available we take from the grant to purchase such items. • Educational classes and class materials for clients to assist with self improvement, and self sufficiency. As a pregnancy resource center to the Temecula Valley and surrounding areas, our main goal is to assist the women and families with advocacy and education in order that they may be able to make an informed decision regarding their pregnancy options when faced with an unplanned pregnancy. We then support these women and families with continued care and advocacy, education and when needed, material assistance for their children. Material assistance is provided through the Baby Boutique, which serves 287 distinct clients with material goods and necessities for their children up to 24 months of age. Clients may come monthly for services and goods. Updated materials and trainings for our clients and volunteers will be utilized as well as classes and workshops for our clients in order to assist them toward successful outcomes during their pregnancy and also afterward for parenting and healthy life choices. We will be using these funds to enhance our ability to assist the women and families in our community with an unplanned pregnancy to care for their child 0-24 months and furtherance toward self sufficiency and increased parenting skills. RECEIVED AUG 1 6 2017 CITY MANAGER'S 3 Explain how the grant funding will specifically benefit Temecula residents. Also, + jlrr6ICE is the target population and provide the estimated number of people expected to benefit from this Project/Program plus the number of volunteers involved. We are available primarily, to all Temecula Residents. One of our main goals is to be the Premiere Pregnancy Resource Center in our Community, thus bringing help and hope to its members so that they have a place to go to in crisis that can meet their needs through either our services or acting as a conduit to refer them to other amazing services offered in Temecula. Our services are meant to assist those located in the Temecula Valley but will also provide for those outside the area when in need. We range from month to month on our clientele but consistently the majority of our clients come from the Temecula Valley. It is safe to say that if we have a month with 125 clients, we can average that around 50% of them are from the Temecula Valley. Currently we have 20 volunteers for advocacy and material assistance and 5 volunteer nurses. This grant allows us to care for our client's needs and use it for their help as far as our Boutique and Advocacy, Pregnancy Testing and Limited Ultrasound services are concerned. We use these funds to take care of the needs of our clients as well as make sure that we can provide them advocacy through printed material and proper training of volunteers. 4. In 30 words or Tess, summarize how the grant funds, if awarded, will be used. IMPORTANT: This summary will be used in a spreadsheet intended to summarize all Community Service Funding Grant Applications submitted to the City (1) client/volunteer support (educational classes, office supplies, items for ultrasound & pregnancy testing, training & printed materials) (2) boutique resources (diapers/wipes, formula, baby food, clothes, car seats, strollers, hygiene kits, etc.) FY 2017/2018 COMMUNITY SERVICE FUNDING GRANT APPLICATION # 6 BOYS&GIRLSCLUB OF SOUTHWEST COUNTY J CITY OF TEMECULA FISCAL. YEAR 2017-2018 COMMUNITY SERVICE FUNDING PROGRAM APP (Please Print or Type) 2017-18 Program Submission Deadline: Friday, September 15, 2017 PROJECT/PROGRAM INFORMATION Amount Requested: $ 5 000 (Maximum allowable $5,00 Project/Program Title: BGC After -School Program Project/Program Start Date: Jan 1, 2018 Project/Program End Date: Dec 31, 2018 If Grant is Awarded, Make Check Payable to: Boys & Girls Club of Southwest County Melling Address P.O. Box 892349 Temecula, CA 92589 ORGANIZATION INFORMATION and GEOGRAPHIC AREA SERVED Name of Applicant Organization: Boys & Girls Club of Southwest County W ebsite:www.becswc.org Contact Name: Grant Anderson Title/Position:CEO Contact Person's Email Address granta@becswc.org Telephone:111.11.1111 Year Organization Founded: 1990 Number of Paid Staff: 40 Number of Volunteers: 200 Geographic area(s) the organization serves: Temecula, Murrieta, Lake Elsinore Geographic area the Project/Program will serve (NOTE: Community Service Funding Grant must exclusively be used to serve Temecula) Temecula Include a physical address of Project/Program (if different than Organization's Mailing Address): 31465 Via Cordoba, Temecula. CA 92592 Is this organization incorporated as a nonprofit organization? Yes X ineligible to receive City Funding) No (if No, then it is Provide a copy of your statement of nonprofit status from the State of California, and the first page (only) of the most recent IRS Form 990. IIS Form 990 is a public record. Form 990s for all charities registered in California are posted on the Attorney General's web site www.aq.ca.gov. The website also offers a searchable database of California charities. Form 990s for 501(c )(3) charities may be found at GuideStar www.quidestar.orq. Date of Incorporation as a Nonprofit: 1996 Federal Identification Number: State Identification Number: Submit and Attach Status Verification from Internal Revenue Services and Franchise Tax Board: 1. http:/rapps.irs.gov/apq/eos/ (print out and attach Deductibility Status) 2. httgs:!/www.ftb.ca.gov/online/self serve entity status letter/index.asp (print out and attach Entity Status Letter) Application: Page 1 of 7 Has the organization or any members of the Board of Directors of the organization been involved with any personal business transactions valued over $500 including any business transactions, negotiations, investments, or interests in real property with a Temecula City Council Member during the past 12 months? Yes No X If Yes, briefly describe: Is a Temecula City Council Member a member of the Board of Directors or an Officer of the organization? Yes No X If Yes, provide Council Member's Name and title within the organization: This Application has been authorized by the organization's: Executive Committee X Board of Directors Members -at -Large FINANCIAL STATEMENTS Upon request, copies of the current budget of the organization / financial statements (balance statement and income statement), and if available CPA's audit, may be needed to demonstrate sound financial management. Do not submit now. CITY OF TEMECULA FUNDING - OILIER SOURCES Within the past two years, has your organization received (or is your organization concurrently requesting) any other sources of funding from the City of Temecula? Yes No- If Yes, provide information in table below:. Type of Funding from City CDBG CDBG FY 15-16 CSF FY 14-15 CDBG FY 14-15 Program, Project or Service(s) Supported by the Grant or Sponsorship /Temecula Before & After -School Program The Learning Connection Our Hero's Children Program Before & After School Care for Kids MonthfYear Received July, 2017 .funs, 2016 April, 2015 April, 2015 Amount $5,000 $7,892 $5,000 $11,215 MISSION STATEMENT OF ORGANIZATION Briefly describe the goals and objectives, or mission, of your organization. Briefly describe the goals and objectives of your organization and community services it provides. Our mission is to ensure all young people reach their full potential as productive. carina, and responsible citizens. The Boys & Girls Club After -School program is designed to ensure youth are academically successful, exhibit good character and citizenship, and live a healthy lifestyle; Application: Page 2 of 7 GRANT FUNDING PROJECT/PROGRAM DESCRIPTION NOTE: Receipts(nvoices will be required to be submitted to the City to demonstrate that your organization used grant funding awarded by the City to support the project/program as described here. See Compliance Reporting Requirements on Application Page 9 for details. 1. Provide a brief description of the ProiectlProgram (and its obLectives) that the City of Temecula grant funding will be used to support. Boys & Girls Club (BGG) After -School is a comprehensive youth development program targeted at youth ages 6- 17. BGC After -School has a formula for success that is instilled in every member. Academic Success + Healthy Lifestyles ± Character and Leadership = Great Futures. To meet these priority outcomes, trained professional staff members, supervise, encourage, and implement activities in the following areas: 1. Health and Life -Offered a minimum 2 days/week 1 hrfdav 2. Sports, Fitness and Recreation - Offered a minimum of 4 days/week 1 hr/day 3. Cultural and Artistic -Offered a minimum of 1 hr/week 4, Academic and Career - Offered a minimum of 4 days/week 1 hrldaY 5, Service Learning - Offered a minimum of 2 hrs/month BGC After -School runs 36 weeks, every school day, from the time the school bell rings until 6:30pm. Additionally, the Boys & Girls Club provides transportation from local schools to each Clubhouse and offers a healthy meal and snack every afternoon. BGC After -School empowers youth towards a great future by surrounding them with the opportunities and resources needed to succeed. 2. Describe how your organization will use the funding awarded? include equipment or services that would be purchased and why. The money will be used to bring one of our out of commission vehicles back online. The majority of the members who attend our after-school program are transported to the Clubhouse via Boys & Girls Club vans and busses. Although we have a waitlist from several Temecula schools and the capacity to serve them, we do not have the transportation capacity to get the youth from school to our facility. This funding would enable us to re -build the engine on one of our 48 passenger busses, providing access to 48 additional Temecula youth every afternoon to our BGC After -School program. The majority of our members come from households with working parents or guardians who are not home during the hours directly after-school. Without transportation provided by the Boys & Girls Club, these youth would go home to an empty house, or worse, engage in destructive activities. 3. Explain how the grant funding will specifically benefit Temecula residents. The grant funding will be used on a vehicle dedicated to providing transportation from Temecula schools to our Temecula Clubhouse. The Boys & Girls Club After -School program is open when youth need us most, in the hours immediately after the school bell rings. During this time, violent juvenile crime suddenly triples and the "prime time for juvenile crime" begins. These negative outcomes can be attributed in part to a lack of connection to community and access to productive activities. This is the time when youth most need a safe place to engage in meaningful activities with their peers and caring adults. Furthermore, a 2016 study conducted by the University of Michigan, School of Public Health found that every $1 invested in Boys & Girls Clubs returns $9.60 in current and future earnings and cost -savings to their communities. The biggest benefits are from Club members` improved grades and reduced drug and alcohol use and their parent's earnings Targeted population (beneficiaries) of Project/Program: Youth age 6-17 Estimated number of people expected to benefit from this Project/Prograrn: 500 youth in BGC After -School Estimated number of volunteers involved in this Project/Program: 20 Application: Page 3 of 7 4. In 30 words or less, summarize how the grant funds, if awarded, will be used. IMPORTANT: This summary will be used in a spreadsheet intended to summarize all Community Service Funding Grant Applications submitted to the City. � ' f t� � [fi r BGC After -School Program funds will be used 3da s used to transport members from school to clubhouse. This would give 48 additional youth access to the program. biL(* PROJECT/PROGRAM — BUDGET PROJECT/PROGRAM BUDGET Line Items for Project/Program VARIOUS TYPES OF REVENUES/INCOME FOR THE PROJECT/PROGRAM: Amount of money requested from the City of Temecula Community Support Grant (Not to exceed $5,000) Revenues Expenses $5,000 Cash contributed to Project/Program by the Applicant Organization $90,000 Other grants or funding already awarded for Project/Program, if any $60,000 In -Kind match amount or volunteer credit hours estimated amount (in-kind food} $56,000 VARIOUS TYPES OF EXPENSES FOR THE SPECIFIC PROJECT/PROGRAM; Staffing expense for Project/Program (this amount is ineligible to be funded by City's Grant; however please include) Equipment expense for Project/Program Food expense for Project/Program $100,00 $2,000 $56,000 Marketing expense for Project/Program $1,000 Supplies expense for Project/Program $2,000 Facilities/Rent expense for Project/Program $15,000 Other expense for Project/Program (non -personnel Transportation) $35,000 TOTAL BUDGET FOR PROJECT/PROGRAM Application: Page 4 of 7 $211,000 $211,000 SIGNATURE PAGE The applicant acknowledges and agrees to the following: • Recipient is subject to all Community Service Funding Program requirements including submittal deadlines and payment disbursements. • Every Community Service Funding application is considered individually and on its own merit. • Awards will be given to organizations and activities that directly benefit the residents of Temecula. • Funding is not immediately available to the recipient; and requires an award letter signature upon approval. Please allow time for checks to be processed. • The awarding of Community Service Funding does not constitute an automatic annual allocation. • The recognition for Community Service Funding should accrue to the City of Temecula. • Community Service Funding must be spent as specified on the Application and records may be requested by the City of Temecula to ensure the funds were used appropriately. • Community Service Funding grants will not be awarded or announced within the 60 days before an election in which an awarding Council Member is on the ballot. • The recipient shall provide a full accounting with documentation on the use of awarded funds. The recipient shall return to the City any funds not spent or documented per the signed agreement. We hereby certify the information contained in this Application is true to the best of our knowledge and belief. PREPARED BY: Grant Anderson. President & CEO SIGNATURE: g C p" "P� and 14-1PME TLE ease Print or Type) PRESIDENT or AUTHORIZED OFFICER: Grant Anderson. President & CEO NAME and TITLE (Please Print or Type) SIGNATURE: 6(- 7' (71/ l # / 14 ORGANIZATION NAME: Boys & Girls Club of Southwest County TELEPHONE: EMAIL ADDRESS: granta@bacswc.orp DATE: September 13, 2017 (Month, Day, Year) SUBMIT ORIGINAL APPLICATION BY FRIDAY SEPTEMBER 15, 2017 TO: Mail to: City of Temecula Community Service Funding Attn: City Manager's Office 41000 Main Street Temecula, CA 92590 If you have any questions please contact Betsy Lowrey at (951) 693-3959 or Sue Steffen at (951) 506-5100. Application: Page 8 of 7 FY 2017/2018 COMMUNITY SERVICE FUNDING GRANT APPLICATION # 7 CANINE SUPPORT TEAMS, INC. CITY OF TEMECULA FISCAL YEAR 20172018 COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2017-18 Program Submission Deadline: Friday, September 15, 2017 PROJECT/PROGRAM INFORMATION Amount Requested: $ 5,000.00 Project/Program Title: Service dogs for Disabled Persons Project/Program Start Date: 12/1117 Project/Program End Date: 11/30/2018 If Grant is Awarded, Make Check Payable to: Canine Support Teams Inc Mailing Address PO Box 891767. Temecula. CA 92589 (Maximum allowable $5,000 per Organization) ORGANIZATION INFORMATION and GEOGRAPHIC AREA SERVED Name of Applicant Organization: Canine Support Teams, Inc Website: www.caninesupportteams.org Contact Name: Sally Wino Title/Position: Marketng & Development Director Contact Person's Email Address marketing(caninesupportteams.orq_ Telephone: Year Organization Founded: 1989 Number of Paid Staff: 8 _ Number of Volunteers: >250 Geographic area(s) the organization serves: Temecula Valley, Inland Empire. Southern CA Geographic area the Project/Program will serve (NOTE: Community Service Funding Grant must exclusively be used to serve Temecula) TEMECULA Include a physical address of Project/Program (if different than Organization's Mailing Address): 26500 Scott Rd, Menifee, CA 92584 Is this organization incorporated as a nonprofit organization? Yes X No (If No, then it is ineligible to receive City Funding) Provide a copy of your statement of nonprofit status from the State of California, and the first page (only) of the most recent IRS Form 990. IRS Form 990 is a public record. Form 990s for all charities registered in California are posted on the Attorney General's web site www.ag.ca.gov. The website also offers a searchable database of California charities. Form 990s for 501(c )(3) charities may be found at GuideStar www.nuidestar.orr#. Date of Incorporation as a Nonprofit: April 25, 1995 Federal Identification Number: State Identification Number: Submit and Attach Status Verification from Internal Revenue Services and Franchise Tax Board: 1. http://apps.irs.gov/aoo/eos/ (print out and attach Deductibility Status) 2. httos://www.ftb.ca.clov/online/self serve entity status letter/iridex.asp (print out and attach Entity Status Letter) Application: Page 1 of 7 RECEIVED AUG 2 1 2017 CITY MANAGER`S. OFFICE Has the organization or any members of the Board of Directors of the organization been involved with any personal business transactions valued over $500 including any business transactions, negotiations, investments, or interests in real property with a Temecula City Council Member during the past 12 months? Yes No X If Yes, briefly describe: Is a Temecula City Council Member a member of the Board of Directors or an Officer of the organization? Yes No X If Yes, provide Council Member's Name and title within the organization: This Application has been authorized by the organization's: Executive Committee X Board of Directors Members -at -Large FINANCIAL STATEMENTS Upon request, copies of the current budget of the organization / financial statements (balance statement and income statement), and if available CPA's audit, may be needed to demonstrate sound financial management. Do not submit now. CITY OF TEMECULA FUNDING — OTHER SOURCES Within the past two years, has your organization received (or is your organization concurrently requesting) any other sources of funding from the City of Temecula? Yes X No_ If Yes, provide information in table below: Type of Funding from City Community Services Fund Temecula CDBG Program, Project or Serviceisj Supported by the Grant or Sponsorship Service Dogs for Disabled Persons Service Dogs for Disabled Persons Month/Year Received Mar 2017 Feb 2017 Amount $2,258.84 $2,556.00 MISSION STATEMENT OF ORGANIZATION Briefly describe the goals and objectives, or mission, of your organization. The mission of Canine Support Teams is to provide speecially trained dogs to assist persons with disabilities to support their personal, social, and occupational independence. Application: Page 2 of 7 GRANT FUNDING PROJECT/PROGRAM DESCRIPTION NOTE: Receiptslinvoices will be required to be submitted to the City to demonstrate that your organization used grant funding awarded by the City to support the project/program as described here. See Compliance Reporting Requirements on Application Page 9 for details. 1. Provide a brief description of the Project/Program (and its objectives) that the City of Temecula grant funding will be used to support. Canine support Teams is seeking $5,000 in Community Services Funds from the City of Temecula so that we can prepare Service Dogs to place with three residents of Temecula. 2. Describe how your organization will use the funding awarded? Include equipment or services that would be purchased and why. The funds we receive will be used for food, grooming, essential veterinary care, and advanced training during the final months of training and preparation prior to placement with a disabled Temecula resident. Once identified for and paired with a disabled client, the client & dog will attend two weeks of "Team Training" as their first steps in becoming a Canine Support TEAM. 3. Explain how the grant funding will specifically benefit Temecula residents. The benefit to the greater community is the INCLUSION of a disabled resident in activities and environments that most able-bodied residents take for granted. Additionally, the presence of skilled and trained Service Dogs serves to educate the public on their rights and responsibilities under ADA Law. Our clients and Service Do9s serve as ambassadors for the Service Dog industry and the disabled community. Temecula can become a model Service Dog friendly city. Targeted population (beneficiaries) of Project/Program: adults with disabilities (except blindness) Estimated number of people expected to benefit from this Project/Program: 3 Estimated number of volunteers involved in this Project/Program: >35, Application: Page 3 of 7 4. In 30 words or less, summarize how the grant funds, if awarded, will be used. IMPORTANT: This summary will be used in a spreadsheet intended to summarize all Community Service Funding Grant Applications submitted to the City. The funds received will be used for food. grooming, essential veterinary_ care, & advanced training during the final months of training & preparation, prior to placement with a disabled client-. PROJECT/PROGRAM — BUDGET PROJECT/PROGRAM BUDGET Line Items for Project/Program VARIOUS TYPES OF REVENUES/INCOME FOR THE PROJECT/PROGRAM: Amount of money requested from the City of Temecula Community Support Grant (Not to exceed $5,000) Cash contributed to Project/Program by the Applicant Organization Other grants or funding already awarded for Project/Program, if any In -Kind match amount or volunteer credit hours estimated amount VARIOUS TYPES OF EXPENSES FOR THE SPECIFIC PROJECT/PROGRAM: Staffing expense for Project/Program (this amount is ineligible to be funded by City's Grant, however please include) Equipment expense for Project/Program Food expense for Project/Program Marketing expense for Project/Program Supplies expense for Project/Program Facilities/Rent expense for Project/Program Other expense for Project/Program TOTAL BUDGET FOR PROJECT/PROGRAM Revenues Expenses $ 5,000.00 $17,500.00 $ TBD $ 30,720.00 41,600.00 450.00 $1,170.00 8,110.00 $450.00 7,875.00 $ 4,460.00 $ 64 115.00 Application: Page 4 of 7 FY 2017/2018 COMMUNITY SERVICE FUNDING GRANT APPLICATION # 8 COMMUNITY MISSION OF HOPE CITY OF TEMEC[JJ A FISCAL YEAR 2017-2©18 COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2017-18 Program Submission Deadline: Friday, September 15, 2017 PROJECT/PROGRAM INFORMATION Amount Requested: $ -5--/ 0 0 tis+ (Maximum allowable $5,000 per Organization) Project/Program Title: Dail'', (3 Y eu c( Project/Program Start Date:iJ NI 1 t 2"_ ‘,),A01 Project/Program End Date: ,n 3 0/ ,..1 O 1 o If Grant is Awarded, Make Check Payable to: C 0 ilck rn u rA ,fir y CY1 . 50 i (it- U f 4-1 0.00 Mailing Address `j 4 e- {, G' ', d+ Y W e4 1 , ern e CJ.r k r.; i L A 1 g S 61 () ORGANIZATION INFORMATION and GEOGRAPHIC AREA SERVED Name of Applicant Organization: C UIY G Website: t.tl a.) AI y1.14i 5 i, ,, v irtcpv -e t C, m Contact Name: Ipl 1 K rA f c'‘ +-1 Title/Position: (3 v" r, t- r , --t Y Contact Person's Email Address Ci (, k G" 011 ' 11 e 4 - Telephone: Year Organization Founded: 9.0 1 Number of Paid Staff: y2L Number of Volunteers: 3 c Geographic area(s) the organization serves: •fie m € Civ' I S ! IY1 „Y t ,-! t-� . A G v ., h h ,S'02 -v Geographic area the Project/Program will serve (NOTE: Community Service Funding Grant must exclusively be used to serve Temecula) Te ry 42 CA,r1,01 Include a physical address of Project/Program (if different than Organization's Mailing Address): Is this organization incorporated as a nonprofit organization? Yes X No (If No, then it is ineligible to receive City Funding) Provide a copy of your statement of nonprofit status from the State of California,, and the first page (only) of the most recent IRS Form 990. IRS Form 990 is a public record. Form 990s for all charities registered in California are posted on the Attorney General's web site www.ag.ca.gov. The website also offers a searchable database of California charities. Form 990s for 501(c )(3) charities may be found at GuideStar www.guidestar.org. Date of Incorporation as a Nonprofit: '16 Y (� ^ 0 t Federal Identification Number: State Identification Number: Submit and Attach Status Verification from Internal Revenue Services and Franchise Tax Board: 1. http:flapps.irs.govlappleosl (print out and attach Deductibility Status) 2. https://www.ftb.ca.gov/online/se(f serve entity status letter/index.asp (print out and attach Entity Status Letter) RECEIVED Application: Page 1 of 7 SEP 0 8 201 CITY MANAGER'S OFFICE Has the organization or any members of the Board of Directors of the organization been involved with any personal business transactions valued over $500 including any business transactions, negotiations, investments, or interests in real property with a Temecula City Council Member during the past 12 months? Yes No 7\ If Yes, briefly describe: Is a Temecula City Council Member a member of the Board of Directors or an Officer of the organization? Yes No /' If Yes, provide Council Member's Name and title within the organization: This Application has been authorized by the organization's: Executive Committee Board of Directors I`ti Members -at -Large FINANCIAL STATEMENTS Upon request, copies of the current budget of the organization f financial statements (balance statement and income statement), and if available CPA's audit, may be needed to demonstrate sound financial management. Do not submit now. CITY OF TEMECULA FUNDING — OTHER SOURCES Within the past two years, has your organization received (or is your organization concurrently requesting) any other sources of funding from the City of Temecula? Yes_, No_4 If Yes, provide information in table below: Type of FundingProgram, from City Project or Service(s) Supported by the Grant or Sponsorship Receiceived Received Amount MISSION STATEMENT OF ORGANIZATION Briefly describe the goals and objectives, or mission, of your organization. W € S f 0 bile', Li;�ein -tow v -1-Ive, 5 0A { U -c 1 T- Application: Page 2 of 7 GRANT FUNDING PROJECT/PROGRAM DESCRIPTION NOTE: Receipttsrnvoices will be required to be submitted to the City to demonstrate that your organization used grant funding awarded by the City to support the projectiprogram as described here. See Compliance Reporting Requirements on Application Page 9 for details. 1. Provide a brief description of the Project/Program (and its objectives) that the City of Temecula grant funding will be used to support. [viz1(r. iaWy eY 4 ‘. 01,-er - oGdv Lac r Qd Clr�n►1tE •1h M 1J (e s T e vV s 4-7\ 1S •"o 1.e,SsiLv'► uv -s ' • 2. Describe how your organization will use the funding awarded? Include equipment or services that would be purchased and why. cvfC1IiS 00'.)1 u5t2.4 +0 TeAue-te4 2-51,(4421" 3. Explain how the grant funding will specifically benefit Temecula residents. n i' S W l S" inti -t7 us1 rool ecVIA - Targeted population (beneficiaries) of Project/Program: 10 tAi ori c, e, Estimated number of people expected to benefit from this Project/Program: 11 p G U Estimated number of volunteers involved in this Project/Program: Q Application: Page 3 of 7 4. In 30 words or Tess, summarize how the grant funds, if awarded, will be used. IMPORTANT: This summary will be used in a spreadsheet intended to summarize all Community Service Funding Grant Applications submitted to the City. . l � r“)(1tiste OUCt i T'j_ + Mc oY` L .1V!3 f ir't&O M1h+ . PROJECT/PROGRAM — BUDGET PROJECT/PROGRAM BUDGET Line items for Project/Program Revenues Expenses VARIOUS TYPES OF REVENUES/INCOME FOR THE PROJECT/PROGRAM: Amount of money requested from the City of Temecula Community Support Grant (Not to exceed $5,000) $ 5/000 Cash contributed to Project/Program by the Applicant Organization $ i ' Other grants or funding already awarded for Project/Program, if any $ i , In -Kind match amount or volunteer credit hours estimated amount $ o VARIOUS TYPES OF EXPENSES FOR THE SPECIFIC PROJECT/PROGRAM: Staffing expense for Project/Program (this amount is ineligible to be funded by City's Grant; however please include) $ 0 $ Equipment expense for Project/Program Food expense for Project/Program $ UCS5 r� ) 000 Marketing expense for Project/Program $ 0 $ ,"'j Supplies expense for Project/Program Facilities/Rent expense for Project/Program $'A + O() rj $ $ $ 1 (0 ) can Other expense for Project/Program TOTAL BUDGET FOR PROJECT/PROGRAM Application: Page 4 of 7 SIGNATURE PAGE The applicant acknowledges and agrees to the following: • Recipient is subject to all Community Service Funding Program requirements including submittal deadlines and payment disbursements. • Every Community Service Funding application is considered individually and on its own merit. • Awards will be given to organizations and activities that directly benefit the residents of Temecula. • Funding is not immediately available to the recipient; and requires an award letter signature upon approval. Please allow time for checks to be processed. • The awarding of Community Service Funding does not constitute an automatic annual allocation. • The recognition for Community Service Funding should accrue to the City of Temecula. • Community Service Funding must be spent as specified on the Application and records may be requested by the City of Temecula to ensure the funds were used appropriately. • Community Service Funding grants will not be awarded or announced within the 60 days before an election in which an awarding Council Member is on the ballot. • The recipient shall provide a full accounting with documentation on the use of awarded funds. The recipient shall return to the City any funds not spent or documented per the signed agreement. We hereby certify the information contained in this Application is true to the best of our knowledge and belief. PREPARED BY: SIGNATURE: 141 f PRESIDENT or II Ix# AUTHORIZED OFFICER: �, r � � �Uf'� VV l 1 [ i f.� 6 Thv OF NAME and TITLE (Please Print or Type) , [Crt ‘r-% YO‘ ME and TITLE (Please Print or Type) SIGNATURE: OCC - ORGANIZATION NAME: eO \A LL ' I ' s TELEPHONE: EMAIL ADDRESS: l fL2 CIVIL •V\Q i DATE: qt I ? 1 I �" (Month, Day, Year) SUBMIT ORIGINAL APPLICATION BY FRIDAY SEPTEMBER 15, 2017 TO: Mail to: City of Temecula Community Service Funding Attn: City Manager's Office 41000 Main Street Temecula, CA 92590 If you have any questions please contact Betsy Lowrey at (951) 693-3959 or Sue Steffen at (951) 506-5100. Application: Page 7 of 7 FY 2017/2018 COMMUNITY SERVICE FUNDING GRANT APPLICATION # 9 HABITAT FOR HUMANITY CITY OF TEMECUL4 FISCAL YEAR 2017-2018 COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2017-18 Program Submission Deadline: Friday, September 15, 2017 PROJECT/PROGRAM INFORMATION Amount Requested: $ 5,000 (Maximum allowable $5,000 per Organization) Project/Program Title: A Brush with Kindness Project/Program Start Date: January 1, 2018 ProjectlProgram End Date: June 30, 2018 If Grant is Awarded, Make Check Payable to: Habitat for Humanity Inland Valley Mailing Address 27475 Ynez Road, #390, Temecula, CA 92591 ORGANIZATION INFORMATION and GEOGRAPHIC AREA SERVED Name of Applicant Organization: Habitat for Humanity Inland Valley Website: www.habitativ.org Contact Name: Tammy Marine Title/Position: Executive Director Contact Person's Email Address tammy@habitativ.org Telephone: Number of Paid Staff: 24 Number of Volunteers: 2,374 Geographic area(s) the organization serves: Southwest Riverside County Geographic area the Project/Program will serve (NOTE: Community Service Funding Grant must exclusively be used to serve Temecula) City of Temecula Include a physical address of Project/Program (if different than Organization's Mailing Address): Habitat offices: 41615 Winchester Road, Ste 214, Temecula, CA 92590 Year Organization Founded: 1991 Is this organization incorporated as a nonprofit organization? Yes x No (if No, then it is ineligible to receive City Funding) Provide a copy of your statement of nonprofit status from the State. of California, and the first page (only) of the most recent IRS Form 990. IRS Form 990 is a public record. Form 990s for all charities registered in California are posted on the Attorney General's web site www.aq.ca.gov. The website also offers a searchable database of California charities. Form 990s for 501(c )(3) charities may be found at GuiideStar www.guidestar.orq. Date of incorporation as a Nonprofit: February 21, 1991 Federal Identification Number: State Identification Number: Submit and Attach Status Verification from Internal Revenue Services and Franchise Tax Board: 1. http:llapps.irs.govlappleos/ (print out and attach Deductibility Status) 2. https://www.ftb.ca.govlonlinelself serve entity status letter/index.asp (prinh@etegloattach Entity Status Letter) Application: Page 1 of 7 SEP 1 5 2017 CITY MANAGER'S OFFICE Has the organization or any members of the Board of Directors of the organization been involved with any personal business transactions valued over $500 including any business transactions, negotiations, investments, or interests in real property with a Temecula City Council Member during the past 12 months? Yes No X If Yes, briefly describe: Is a Temecula City Council Member a member of the Board of Directors or an Officer of the organization? Yes No X If Yes, provide Council Member's Name and title within the organization: This Application has been authorized by the organization's: Executive Committee Board of Directors X Members -at -Large FINANCIAL STATEMENTS Upon request, copies of the current budget of the organization / financial statements (balance statement and income statement), and if available CPA's audit, may be needed to demonstrate sound financial management. Do not submit now. CITY OF TEMECULA FUNDING — OTHER SOURCES Within the past two years, has your organization received (or is your organization concurrently requesting) any other sources of funding from the City of Temecula? Yes X No If Yes, provide information in table below: Type of Funding from City Program, Project or Service(s) Supported by the Grant or Sponsorship Month/Year Received Amount Community Service Funding A Brush with Kindness Dec, 2016 $4,768.64 Community Service Funding A Brush with Kindness Dec, 2015 $1,500 MISSION STATEMENT OF ORGANIZATION Briefly describe the goals and objectives, or mission, of your organization. The mission of Habitat IV is to facilitate the dream of homeownership as well as improve living conditions for those in the community. For the last 26 years, Habitat IV has been furthering the worldwide Habitat goal of providing simple, affordable homes to qualified families in need. Our local affiliate is completely independent and all resources help low-income southwest Riverside County residents. Application: Page 2 of 7 GRANT FUNDING PROJECT/PROGRAM DESCRIPTION NOTE: Receipts/invoices will be required to be submitted to the City to demonstrate that your organization used grant funding awarded by the City to support the projectlprogram as described here. See Compliance Reporting Requirements on Application Page 9 for details. 1. Provide a brief description of the Project/Program (and its objectives) that the City of Temecula grant funding will be used to support. A Brush with Kindness provides materials and expertise necessary to utilize volunteers and staff to provide minor, exterior home repairs or maintenance for low-income residents within the City of Temecula. Homeowners are helped with vital repairs that are out of their affordability or ability range - or both. All participants are low-income residents within the City of Temecula who are pre-screened for financial and/or physical need. This program serves senior citizens, those with physical disabilities, working families, veterans and the unemployed -all population groups whom regular maintenance or needed repairs presents challenges. With these funds, we will provide the basic supplies needed for Temecula home repairs such as lumber, nails, paint, concrete, shingles, siding, etc, ABWK is on-going and funds will be used within 6 months of receipt. Typical repairs include landscaping, weed abatement, exterior home painting, fencework and other various minor exterior repairs and/or maintenance projects. 2. Describe how your organization will use the funding awarded? Include equipment or services that would be purchased and why. We would utilize the funding to serve any low-income resident within the City of Temecula with minor exterior home repair or maintenance services. Projects may include: house painting, .weed abatement, landscaping, trash abatement, fence installation, painting or repair, yardwork or other minor exterior projects. We estimate that we would serve 10-15 individuals with 5-10 home repair projects and all services will be rendered between 1/1/18-6/30/18. 3. Explain how the grant funding will specifically benefit Temecula residents. This project is only available to Temecula residents and will help keep neighborhoods beautiful and homeowners in stable, affordable housing. Many times simple repairs or improvements can cause struggling residents or families to quickly become financially unstable. With the ABWK program, homeowners can gain some financial stability, resulting in better outcomes in other areas of their lives such as education, employment and increased quality of life. We will serve any low-income resident within the City of Temecula, however, we have seen art increased number of senior citizens and veterans benefit from our programs as they are on limited fixed -incomes and many are physically unable to complete projects themselves. Targeted population (beneficiaries) of Project/Program: Low-income residents within the City of Temecula Estimated number of people expected to benefit from this Project/Program: 10-15 individuals Estimated number of volunteers involved in this Project/Program: 50-75 volunteers Application: Page 3 of 7 4. In 30 words or less, summarize how the grant funds, if awarded, will be used. IMPORTANT: This summary will be used in a spreadsheet intended to summarize all Community Service Funding Grant Applications submitted to the City. Funds would be used to provide no -cost home repair/maintenance projects to low-income residents within the City of Temecula with the goal of preserving home affordability. PROJECT/PROGRAM — BUDGET PROJECT/PROGRAM BUDGET Line Items for Project/Program Revenues Expenses VARIOUS TYPES OF REVENUES/INCOME FOR THE PROJECT/PROGRAM: Amount of money requested from the City of Temecula Community Support Grant (Not to exceed $5,000). $ 5,000 Cash contributed to Project/Program by the Applicant Organization $ 5,000 Other grants or funding already awarded for Project/Program, if any $ In -Kind match amount or volunteer credit hours estimated amount $ 7,500 VARIOUS TYPES OF EXPENSES FOR THE SPECIFIC PROJECT/PROGRAM: $5,000 Staffing expense for Project/Program (this amount is ineligible to be funded by City's Grant; however please include) Equipment expense for Project/Program $ Food expense for Project/Program $ 500 Marketing expense for Project/Program $ 1,000 Supplies expense for Project/Program $ 10,000 Facilities/Rent expense for Project/Program $ 1,000 $ Other expense for Project/Program TOTAL BUDGET FOR PROJECT/PROGRAM $ 17,500 $ , p1 Application: Page 4 of 7 SIGNATURE PAGE The applicant acknowledges and agrees to the following: • Recipient is subject to all Community Service Funding Program requirements including submittal deadlines and payment disbursements. • Every Community Service Funding application is considered individually and on its own merit. • Awards will be given to organizations and activities that directly benefit the residents of Temecula. • Funding is not immediately available to the recipient; and requires an award letter signature upon approval. Please allow time for checks to be processed. • The awarding of Community Service Funding does not constitute an automatic annual allocation. • The recognition for Community Service Funding should accrue to the City of Temecula. • Community Service Funding must be spent as specified on the Application and records may be requested by the City of Temecula to ensure the funds were used appropriately. • Community Service Funding grants will not be awarded or announced within the 60 days before an election in which an awarding Council Member is on the ballot. • The recipient shall provide a full accounting with documentation on the use of awarded funds. The recipient shall return to the City any funds not spent or documented per the signed agreement. We hereby certify the information contained in this Application is true to the best of our knowledge and belief. PREPARED BY: Tammy Marine cutive-Oti=ecto Ean • j T (Please Print or Type) SIGNATURE: PRESIDENT or AUTHORIZED OFFICER: SIGNATURE: ORGANIZATION NAME: TELEPHONE:_ DATE: Tammy a?trte, Exec e Director NAME and TITLE (Please Print or Type) Habitat for Humanity Inland Valley September 15, 2017 EMAIL ADDRESS: tammy@habitativ.org (Month, Day, Year) SUBMIT ORIGINAL APPLICATION BY FRIDAY SEPTEMBER 15, 2017 TO: Mail to: City of Temecula Community Service Funding Attn: City Manager's Office 41000 Main Street Temecula, CA 92590 If you have any questions please contact Betsy Lowrey at (951) 693-3959 or Sue Steffen at (951) 506-5100. Application: Page 7 of 7 41:48 Habitat fop for Humanity' Inland Valley Board of Directors Craig Evans President David Neault Vice President Mary Ann Cunningham Treasurer Luann Jobgen Secretary Estella Cline Brad Eskildsen Connie French David French Christopher Hart Jeannette Hartmann Dan Keck Michael McCracken Lorie Schulenberg Steve Silien Gary Thornhill Vicki Puterbaugh Paul Villamil Advisory Board David Blake David Boone Tammy Marine Executive Director Federal Tax ID United Way u rated Way of rim inland WW1% CvMmUnily lnlflutine Perrrrer September 15, 2017 Aaron Adams, City Manager City of Temecula Community Service Funding Program 41000 Main Street Temecula, CA 92590 Dear Mr. Adams: Now more than ever. Help Build It! Thank you for the opportunity to present a Program Application for the 2017-2018 Community Service Program Funding for the City of Temecula. In 2016-2017, Habitat for Humanity Inland Valley received funding and proudly provided 9 households with home repair and maintenance projects. We completed fewer projects than previous years; however the projects were larger and more complex in nature, resulting in more expensive supplies and services. We provided neighborhood beautification on 7 homes within the Heritage Mobile Estates Park, major hauling on one project and stair and black -top repair on another project. Through that funding, 35 volunteers also provided over 161 hours of volunteer labor which directly impacted both these residents and the City of Temecula as a whole, instilling a sense of community and pride for beautifying neighborhoods. Once again, we approach the City of Temecula to partner in serving the residents of the City through the A Brush with Kindness Program. Our A Brush with Kindness Program provides minor home repairs for low-income families. In ABWK, Habitat provides materials and labor to make small, cosmetic improvements to homes. Generally, these are quick, external fixes like removing debris, mending broken fences, or exterior/window repairs; however last year resident needs were far more significant. The beauty of our program is the flexibility to meet individual needs to create or protect housing affordability, Thank you again for your consideration; we look forward to the City's review and evaluation of our work and proposed program to serve the residents of the City of Temecula. If you have any further questions, or I can provide more information, please do not hesitto contact me. Re ctfully, Tammy M tamm @hab' .org Director RECEIVED SEP 152017 27475 Ynez Road #390, Temecula, CA 92591 CITY MANAGER'S Phone: (951) 296-3362 Fax; (951) 296-3363 OFFICE www.habitativ.org FY 2017/2018 COMMUNITY SERVICE FUNDING GRANT APPLICATION # 10 HOSPICE OF THE VALLEYS CITY OF TEMECULA FISCAL YEAR 2017-2018 COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2017-18 Program Submission Deadline: Friday, September 15, 2017 PROJECT/PROGRAM INFORMATION Amount Requested: $ 5,000.00 Project/Program Title: Senior Assistance Program Project/Program Start Date: July 01, 2017 ProjectlProgram End Date: June 30, 2018 If Grant is Awarded, Make Check Payable to: Hospice of the Valleys (Maximum allowable $5,000 per Organization) Mailing Address 25240 Hancock Ave. Suite 120 Murrieta, CA 92562 ORGANIZATION INFORMATION and GEOGRAPHIC AREA SERVED Name of Applicant Organization: Hospice of the Valleys Website: www•HospiceoftheValleys.org. Contact Name: Lynette Cvar Title/Position: Chief Administrative Officer/CFO Contact Person's Email Address LCvar@hovsc.org Telephone: (951) 200-7800 Year Organization Founded: 1982 Number of Paid Staff: 60 Number of Volunteers: 75 Geographic area(s) the organization serves: SW Riverside County & Fallbrook Geographic area the Project/Program will serve (NOTE: Community Service Funding Grant must exclusively be used to serve Temecula) Temecula Include a physical address of ProjectlProgram (if different than Organization's Mailing Address): Hospice care will be provided to patients residing in the city of Temecula Is this organization incorporated as a nonprofit organization? Yes X No (If No, then it is ineligible to receive City Funding) Provide a copy of your statement of nonprofit status from the State of California, and the first page (only) of the most recent IRS Form 990. IRS Form 990 is a public record. Form 990s for all charities registered in California are posted on the Attorney General's web site www.ag.ca.gov. The website also offers a searchable database of California charities. Form 990s for 501(c )(3) charities may be found at GuideStar www.guidestar.oro. Date of Incorporation as a Nonprofit: 06/2911983 Federal Identification Number: State identification Number: Submit and Attach Status Verification from Internal Revenue Services and Franchise Tax Board: 1. http:llapps.irs.govlappleosl (print out and attach Deductibility Status) RECEIVED 2. https:Ilwww.ftb.ca.00vlonlinelself serve entity status Ietterlindex.aso (print out and attach Entity Status Letter) SEP 0 7 2017 CITY MANAGER'S OFFICE Application: Page 1 of 7 Has the organization or any members of the Board of Directors of the organization been involved with any personal business transactions valued over $500 including any business transactions, negotiations, investments, or interests in real property with a Temecula City Council Member during the past 12 months? Yes No X If Yes, briefly describe: Is a Temecula City Council Member a member of the Board of Directors or an Officer of the organization? Yes No X if Yes, provide Council Member's Name and title within the organization: This Application has been authorized by the organization's: Executive Committee Board of Directors X Members -at -Large FINANCIAL STATEMENTS Upon request, copies of the current budget of the organization / financial statements (balance statement and income statement), and if available CPA's audit, may be needed to demonstrate sound financial management. Do not submit now. CITY OF TEMECULA FUNDING — OTHER SOURCES Within the past two years, has your organization received (or is your organization concurrently requesting) any other sources of funding from the City of Temecula? Yes X No� If Yes, provide information in table below: Type of Funding from City CDBG Program, Protect or Service(s) Supported by the Grant or Sponsorship We have been granted a 54,997 grant award from the City of Temecula CDBG program. These funds will only be used for direct patient care, and not our free community support groups. Month/Year Received 2017-2018 FY Amount $4,997.04 MISSION STATEMENT OF ORGANIZATION Briefly describe the goals and objectives, or mission, of your organization. Hospice of the Valleys fosters reverence for life, relief of suffering, and compassion in loss for terminally ill patients, and their families, in the communities we serve. For 35 years, Hosptceofthe Valleys has offered compassionate care to SW Riverside County and Fallbrook residents with life limiting illness. We believe no one shnuld diealnnr nr in pain We treat nitr patients and their Familiee the way we wnnid want nnr nwn families to he treated Our goal is to offer comprehensive hospice care to patients in the community seeding our services, regardless of their inability to pay. Application: Page 2 of 7 GRAN r FUNDING PROJECT/PROGRAM Dr;SCRIPTION NOTE: Receipts/invoices will be required to be submitted to the City to demonstrate that your organization used grant funding awarded by the City to support the project/program as described here. See Compliance Reporting Requirements on Application Page 9 for details. 1. Provide a brief description of the Project/Program (and its objectives) that the City of Temecula grant funding will be used to support. The Senior Assistance Program provides comprehensive hospice care to patients and families living in our service area. Our care includes home visits by members of our clinical team, pain management, and bereavement services to all who need our care, even the uninsured. We also provide services and supplies that are not Coveted try ix13u,du such ds dLidtriVnTaliLd1i cquiyiiiCm C1: rFL6Pu, rn alit un driuivc y, needshat areni u each atient. H s ice of the Valleys is also an invaluable resource to the Tamil members of our patients. We provide answers to many questions faced at a very emotional and confusing time in their lives. We help family members navigate end -of -life decision making and how to make the best of the remaining days they have with their loved onr (irvro the patyrnt hag_pasePA,_we priwida reatp•nent seLUirrs for ati ast 13 monthsthrrnigb phow .cal 'S "t ~., nnaL visits, and grief support mailings. We also offer weekly grief support groups at the Mary Philips Senior Center, an annual fall Community Memorial Service of Remembrance at the Temecula Public Library, and a bi-weekly Alzheimer's support group at Rancho Community Church. These resources are free and open to members of the communtry. 2. Describe how your organization will use the funding awarded? Include equipment or services that would be purchased and why. Funding will be used to: 1) increase access to hospice care for those with limited or no funding source; 2) enhance the experience of patients and families at end -of -life by providing tangible support and assistance in meeting their unique community members at large. Services wtlt include nee s; prow e ereavemen services o pa ten s, eir a les, an Alzheimer's support groups at Rancho Community Church; 4) provide caregiver support; 5) extend our ability to pay for patients to receive =reimbursed services and equipment such as medication delivery, fully electric beds, mobile shower equipment, over bed tables, and other medical supplies essential t. providing the highest quality comfort care; 6) provide community education programs on topics such as advanced directives and end -of -file care options. 3. Explain how the grant funding will specifically benefit Temecula residents. Funds received from the City of Temecula will go directly toward the care of our patients living in the City, Those who will also benefit from our services are members of the community who attend our free- weekly grief support groups at the Mary Philips Senior Center, those who attend our annual fall Memorial Service of Remembrance at the Temecula Public I.ihrary tbrise whn attend nut- bi-wrpidy A17heimer's Siippnrt Slump at Ranrhn enmmilnity C'hiirrh. anti individuals who attend our community education programs. Targeted population (beneficiaries) of Project/Program: Hospice patients and their families; community members Estimated number of people expected to benefit from this Project/Program: 65 patients + 85 community members Estimated number of volunteers involved in this Project/Program: 60 Application: Page 3 of 7 4. In 30 words or less, summarize how the grant funds, if awarded, will be used. IMPORTANT: This summary will be used in a spreadsheet intended to summarize all Community Service Funding Grant Applications submitted to the City. For services and provisions such, as weekly grief support groins, annual memorial service of remembrance, Alzheimer's support groups, over bed table rentals, rental of fully electric beds and mobile shower equipment, medication delivery services, and community education programs. PROTECT/PROGRAM — BUDGET PROJECT/PROGRAM BUDGET Lune Items for Project/Program Revenues Expenses VARIOUS TYPES OF REVENUES/INCOME FOR THE PROJECT/PROGRAM: Amount of money requested from the City of Temecula Community Support Grant $ (Not to exceed $5,000) 5,000.0[] Cash contributed to Project/Program by the Applicant Organization $ $17,700.00 Other grants or funding already awarded for Project/Program, if any $ 0 In -Kind match amount or volunteer credit hours estimated amount $ 0 VARIOUS TYPES OF EXPENSES FOR THE SPECIFIC PROJECT/PROGRAM: Staffing expense for Project/Program (this amount is ineligible to be funded by $ City's Grant; however please include) 12,000.00 Equipment expense for Project/Program $ 0 Food expense for Project/Program $ 0 Marketing expense for Project/Program $ 0 Supplies expense for Project/Program $ 10,000 00 Facilities/Rent expense for Project/Program $ 0 Other expense for Project/Program $ 700.00 TOTAL BUDGET FOR PROJECT/PROGRAM $ 22,700.00 $ 22,700.00 Application: Page 4 of 7 SIGNATURE PAGE The applicant acknowledges and agrees to the following: • Recipient is subject to all Community Service Funding Program requirements including submittal deadlines and payment disbursements. • Every Community Service Funding application is considered individually and on its own merit. • Awards will be given to organizations and activities that directly benefit the residents of Temecula. • Funding is not immediately available to the recipient; and requires an award letter signature upon approval. Please allow time for checks to be processed. • The awarding of Community Service Funding does not constitute an automatic annual allocation. • The recognition for Community Service Funding should accrue to the City of Temecula. • Community Service Funding must be spent as specified on the Application and records may be requested by the City of Temecula to ensure the funds were used appropriately. • Community Service Funding grants will not be awarded or announced within the 60 days before an election in which an awarding Council Member is on the ballot. • The recipient shall provide a full accounting with documentation on the use of awarded funds. The recipient shall return to the City any funds not spent or documented per the signed agreement. We hereby certify the information contained in this Application is true to the best of our knowledge and belief. PREPARED BY: Pamela Chaput, Development Coordinator SIGNATURE: s , iAM�E and TI LE (Please Print or Type) AUTHORIZED PRESIDENT or © I FICER: Lynette Cvar, Chief Administrative Officer/CFO NAME and TITLE (Please Print or Type) SIGNATURE: ORGANIZATION N ME: Hospice of the Valleys TELEPHONE: 951-200-7800 EMAIL ADDRESS: LCvar@hovsc.org DATE: 09/01/2017 (Month, Day, Year) SUBMIT ORIGINAL APPLICATION BY FRIDAY SEPTEMBER 15, 2017 TO: Mail to: City of Temecula Community Service Funding Attn: City Manager's Office 41000 Main Street Temecula, CA 92590 If you have any questions please contact Betsy Lowrey at (951) 693-3959 or Sue Steffen at (951) 506-5100• Application: Page 7 of 7 From: Lynette Cvar [mailto:LCvar@hovsc.orgj Sent: Tuesday, September 12, 2017 5:49 PM To: Stacey Brown <stacey.brown@temeculaca.gov> Cc: Pamela Chaput <PChaput@hovsc.org> Subject: RE: HOSPICE OF THE VALLEYS - FY17/18 CSF Application Hi Stacey — Yes -- the information you have below is correct! We received support from The City of Temecula as you have indicated below. I'm so sorry we left this off and am glad you caught it p Please let me know if there is anything else we need to do or other questions you may have. We count our blessings to have The City of Temecula's support over the year...thank you! Kind regards, Lynette Cvar Chief Administrative Officer/CFO Hospice of the Valleys Your Local Community Hospice 25240 Hancock Ave., Suite 120 Murrieta, CA 92562 Direct; 951-200-7804 Fax: 951-973-7761 Icvar@hovsc.o MAi.is A DO •''`. CHAS TO -4111011 WORK PLACES From: Stacey Brown [manta:stacey.brown@temeculaca.gov] Sent: Tuesday, September 12, 2017 2:32 PM To: Lynette Cvar Subject: HOSPICE OF THE VALLEYS - FY17/18 CSF Application Importance: High Hi, I am Stacey Brown assisting Betsy Lowrey with the applications for the Community Service Funding Grant Program this year. We received your application on September 7, 2017. There appears to be some missing information that we need for our file. You can simply reply to this email with the information: Application Page 2 of 7, Section: City of Temecula Funding -- Other Sources Our records also show additional sources of City grants over the last two years were awarded but were not stated on your application including: Type of Funding from City Program, Project or Service(s) Supported by the Grant or Sponsorship MonthlYear Received Amount Community Service Funding Senior Assistance Program, providing hospice care, bereavement services and support groups, caregiver support, and pay for unreimbursed items such as medication, medical equipment and supplies. Check Sent 1/17 FY 16-17 $4,768.84 Community Service Funding Senior Assistance Program Check Sent 12/15 FY 15115 $5,000 Could you please confirm receipt of the above funding? Also, if you could also please review your files to be sure we did not inadvertently miss any other funding received from the City over the past two years (since 2015). Thank you. We look forward to receiving the complete application soon. Please feel free to contact me if you have any questions. Thank you. Stacey Brown Office Technician III City of Temecula 951-694-6413 stacey.broown 1 TemeculaCA.gov 41000 Main St., Temecula, CA 92590 Witty Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. FY 2017/2018 COMMUNITY SERVICE FUNDING GRANT APPLICATION # 11 JACOB'S HOUSE CITY OF ILISEEICITLA. FISCAL YEAR 2017-2018 COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) ubmission Deadline: Frjlay, September 15, 2017 PROJECT/PROGRAM INFORMATION 4ti Amount Requested- $ , e (1& (121 Project/Program Ti \--RwieztIP•. ram Start Date: 1-1 If Grant is Awarded, Make Check Payable to: Mailing Address 31 S 2-,5 �1 rpt PQcr 1 C q (Maximum allowable $5,000 per Organization) -th a o t Gel e -f-' ►re) 'd --et— 11f L1't. J Project/Program End Date: (in 5 C - 18 : Awl3S cru s8., .arc.) . ORGANIZATION INFORMATION and GEOGRAPHIC AREA SERVED Name of Applicant Organization: c-=1i-C_.J jI ---1-1,6 e_t 38 + _I -r.1 G . Website: ,#..v'W 1I.iFfcetas6p14 se ec4,6/ ..= O Contact Name: 4- i nd if"r Title/ P' osition: E-' c&i - r EJ,e_ L1 rec-, .-' Contact P ? Jac Citoshch,4,5e-4;P.p-inee.u./.4., • ai`, Telephone Year Organization Founded: �.7 Number of Paid Staff: 1 S Number of Volunteers: Litei -56 Geographic area(s) the organization serves:w i ete,,i Geographic area the Project/Program will serve OTE: Community Service Funding Grant must exclusively be used to serve Temecula) 7 fr i e r_ jJa. L'1 r-, 4-05pi 174-1., Include a physical address of Project/Program (if different than Organiz,ation's Mailing Address): 510-r9-7 Ea 6 kna G L r rr7j 4 r6 -ss • Is this organization incorporated as a nonprofit organization? Yes X No (If No, then it is Ineligible to receive City Funding) Provide a copy of your statement of nonprofit status from the State of California, and the first pale (only) of the most recent IRS Form 990. IRS Form 990 is a public record. Form 990s for all charities registered in California are posted on the Attorney General's web site www.aq.ca.gov. The website also offers a searchable database of California charities. Form 990s for 501(c )(3) charities may be found at GuideStar www.quidestar.orq. Date of Incorporation as a Nonprofit: ,!`'! t • (4:3 , 7 (federal Identification Number: f State Identification Number: Submit and Attach Status Verification from internal Revenue Services and Franchise Tax Board: 1. http.11apps irs.govfapp/eos! (print out and attach Deductibility Status) 2. httpsJlwww.ftb.ca.dovlonlinelseif serve entity status ietterlindex.asp (print out andMICJJVED Entity Status Letter) Application: Page 1 of 7 061.4 SEP 122U7 CITY MANAGER'S OFFICE Has the organization or any members of the Board of Directors of the organization been involved with any personal business transactions valued over $500 including any business transactions, negotiations, investments, or interests in real property with a Temecula City Council Member during the past 12 months? Yes No __ If Yes, briefly describe: Is a Temecula City Council Member a member of the Board of Directors or an Officer of the organization? Yes No If Yes, provide Council Member's Name and title within the organization: }"1/ This Application has been authorized by the organization's: Executive Committee Board of Directors X. Members -at -Large FINANCIAL STATEMENTS Upon request, copies of the current budget of the organization / financial statements (balance statement and income statement), and if available CPA's audit, may be needed to demonstrate sound financial management. Do not submit now. CITY OF TEMECULA FUNDING — OTHER SOURCES Within the past two years, has your organization received (or is your organization concurrently requesting) any other sour of fundii from the City of Temecula? Yes No If Yes, provide information in table beiowi OAP - Typo of Funding from Cityit program, projector Sorvico{sj Supported try the Grantor Sponsorship MonthlYear Receives' Amount 2jiCo-2.d 11. Comm-i_ce-ni S-e-v1ce) t-r1dcirc mit Pr -o ra Fr : &ern. ,Dcs l to) ' I >�76,g - d F t ti t $/ W i# —S/itcJ�a_10 /e 5e 46LSATF1 s n?.1.2.ciei- L+.4, r Kt�n-r,-_, MISSION STATEMENT OF ORGANIZATION Brief! cribe the goals and objectives, or mission, of your organization. NA/ i d L© i r I 11 Q S . ! 1 ` "b Ga vva tri h'1 exii be r --s 1,7er' c a'" Loi rte Gi? Cbl rri r tit 51 n e i -e rn b e r' RP_S, eGt " k5 47a (rfA1 tG a ergiCQL rsfs j c +'ret, Application: Page 2 of 7 nwri 6er, 5-7/t a1 v3 t, tiosp1-4 f rz.e, ti ,11.12) rs 10. ; ER, a r— GRANT FUNDING PROJECT/PROGRAM DESCRIPTION NOTE: Receipts['nvwces will be required to be shitted to the City to demonstrate that your organization used grant funding awarded by the City to support the Project/Program as descaoed here. See Compliance Reporting Requirements on Application Page 9 for details. 1 Provide a brief description of the Project/Program (and its objectives) that the City of Temecula grant funding will be used to support. .r`]— i 'Z..nd►n et- 14173u-ic1_ LI, or' as a 46 ear- - e ba n - b' 6 ea- �` 5 - - - wed p An 01_ ffl Co-1---/e-h-t--r- 4'-i ' n ear an : �._ a a 5a` t 2. Describe how your organization will use the funding awarded? include equipment or services that would be purchased and why. 26( p b _sect ` LA a r/�a4' T 6r on fA+f /< Let+c] 5Ir) csule.r 4.r1• Lt5 drama r.) fed -API r .ice i p f' • r-5 et-ke 4ho�err rid! r p AC csSi b)e)- (0 v L) t r6 (. 4 3. Explain how the -grant funding will specifically benefit Temecula residents. � I+�__ ' - ,✓� .i4)614-14- Serv'e'_, e ( e_f 1 `�i"t"1 E S l YYt�CZ t'Y?fl� 1h c 1 d r -e -k w �.a-`fit Wit. s c ►.0(— Re -d Lie. -ei ,ct -` ACC e 5 S u �rr ►'1. r -t -, ) nc_re.d s i,,, ,t s t. -7,,,e., Q 11,, t t `5 -E+o n rr A S 5 , o , Iia- JlQt 4�e e. rn A- 61 e. 4-ri f SSt n>°dL.1-11:5-}f`'c5arn dL 1 D pI IScc Targeted population (beneficiaries) of Project/Program: 4._i__ > c M PG Estimated number of people expected to benefit from this ProjectlProgram: ALJ--- "rpt is Estimated number of volunteers involved in this Project/Program: c9 4-37, 3 Vzi n + eP - Application: Page 3 of 7 coI 4. In 30 words or less, summarize how the grant funds, if awarded, will be used. IMPORTANT: This summary will be used in a spreadsheet intended to summarize all _,___Community Service Funding Grant Applications submitted to the City. Ct I E ?L H A 51L(T►cir/6fJ OF EP415rIM ')e�r-d h)U FR Oprn 1111.40. ,ok AG e S11Pc r- f v i Frtsv-c) ,, cee ss t D 5 �� or - L- GI ST 13aEDY t- to . s 1011 . a -'I to L.t 1i ha -Li 6 area_ w arzaLrcry p AC -6e 9oh rrti' ex (..) L4 e_ hospth R r l ) iast Athol s s t- Mk nc f -c 1J C !PROGRAM — BU It GET PROJECT/PROGRAM BUDGET Line items for Project/Program VARIOUS TYPES OF REVENUES/INCOME FOR THE PROJECT/PROGRAM: Amount of money requested from the City of Temecula Community Support Grant (Not to exceed $5,000) Cash contributed to Project/Program by the Applicant Organization Revenues Expenses Other grants or funding already awarded for Project/Program, if any In -Kind match amount or volunteer credit hours estimated amount VARIOUS TYPES OF EXPENSES FOR THE SPECIFIC PROJECT/PROGRAM: Staffin: ex.e for Prject/Program (this amount is ineligible to be funded by City's Grant; however please include) E•ui+ment •x+ense fo oject Program Food expense Jor Project/Program Marketing expense for Project/Program rsu'i-de et, kpLi n112AC-1-D ex•ense for Proje gram e/ 4 L.): e.+.tr-erased. Facilities/Rent expense for Project/Program Other a pense for Project/Program Nd ooh e ►-' }4peri s A,1l�� t pA �. TOTAL BUDGET FOR PROJECTOGRA.• R d CnL��nuE� �EE: pa_t_. al) or -ha( " 1457__/ pit is oC.ktdA�MG, /l -FU r /Vl GLiI (/v-) 0,,(\h(l'°161E clu t)\i‘t Application: Page 4 of 7 IL) PROJECT DESCRIPTION How will your organization use the funding awarded? Describe the project, project objectives, those served (including number of people who would benefit from this project), geographic area serviced by the project, and number of volunteers involved. Include equipment or services that would be purchased and why. include a detailed budget and a schedule of significant activities related to this project. You may attach a maximum of one double-spaced typewritten page of information. (Please type or print iegiibly.) 114 r) _ ,r 6 )4 ;7— DJ 14.5 p 1,)e o (t J t a — k} -1r ( ) uk e nor nc Heit "hien nel-ett_ I (Li rex- te)-1L— preptx (emeri` ,-(o0,- tieel t ca.L1s f ~' leo ex_ 1c t.m. ms's 1 1r4 rz.s p(tit r► q k a r^d t o lila rich Ca. ig r-5 acb 11' CIV1 a I 4411 44- CiM Attachments for City of Temecula Community Funding Grant Program Fiscal Year 2017-2018 1. Provide a brief description of the Project/Programjand its objectives) that the City of Temecula grant funding will be used to support. A. Because there is not have adequate housing (temporary lodging, long- term lodging, nursing home, convalescent, re -habilitation homes, or hospice homes for persons/family members in medical distress, we are sought out by persons/family members in dire need of lodging during their medical crisis/health event; our healthcare hospitality house is here to provide and serve in that area of need. B. This community resource is for me, for you, for every citizen in Temecula, who does not know what tomorrow may bring in the way of sudden medical crisis. 2. Describe how your organization will use the funding awarded? Include equipment or services that would be purchased and why. A. Jacob's House is now is a Tong -term planning stage, where we find our current room capacity growing and providing more and more local resources to family members and citizens. B. We are serving 4 family units (14 heads on -a -pillow) per night stay in response to our local hospital; case managers, doctors, and nurses. 3. The most critical use of allocated funding is for continued normal HOUSE OPERATIONS which also includes maintenance of various kinds, including needs for the kitchen, laundry room, bedrooms, bathrooms, storage areas, and increased usage of utilities, linens, etc. 4. Explain how the grant funding will specifically benefit Temecula residents. Also, who is the target population and provide the estimated number of people expected to benefit from this Project/Program plus the number of volunteers involved. A. Jacob's House, a healthcare hospitality house, provides LODGING for the family members of our community. The citizens who reside in Temecula, work in Temecula, and persons who shop, dine, and come to Temecula to find recreation and vacation, are the persons who we Attachments for City of Temecula Community Funding Grant Program Fiscal Year 2017-2018 are serving. We serve them, when they are suddenly in our Hospital(s), in traumatic medical crisis; between life and death. B. They have NO room in their homes for various reasons, to be able to accommodate their family members during their hospitalizations; they live in an apartment, a condominium, they have all their bedrooms spoken for by their children, or their bedrooms are not suitable for guests. They are not capable to providing a place to shower, sleep, or wait, to anyone, while the citizen is dying. C. Because we are a provider of lodging to ALL age groups, from new/young parents to elderly persons, our provision is desirable and necessary, to our citizens, who may not have been able to have a loved on by their deathbed. Additionally, because we do not ask for donations from our guests, they are able to be accommodated in our community, while the citizen is stabilizing, recuperating, or at end -of - life. We are able to be a resource to ALL age's citizens. CASE STORY Since taking in our first family in January 2014, we have now served 450 family members for 3,000 guest night stays. The first family was an elderly couple, (whose 52 year old daughter and a 20 year Temecula resident, a Stage 4 cancer with a 20 year old son and a 12 year old grandson), could not stay at their daughter's small cottage home. She was a productive citizen of Temecula, a single mother, whose home was not capable of providing lodging to her own parents. They were guests here at Jacob's House for approximately one month, until their daughter passed away. They were glad to be able to be by here during her last days. They loved the hospitality at Jacob's House, a relationship that was modeled after "Temecula Has Heart" and "Because Nice Matters". Attachments for City of Temecula Community Funding Grant Program Fiscal Year 2017-2018 FACTOI0S A. The Board of Directors has adopted a Capital Campaign a Strategic Plan and an Analysis to identify and prioritize our operations; (SWOC/ Strengths, Weaknesses Opportunities and Challenges) for the future of Jacob's House to serve our citizens and guests. B. The purpose and single most important statement from our Board of Directors is from our Mission Statement. We serve our citizens from a pre -established set of criteria: 1. Does the citizen have a severe of life threatening prognosis? 2. Does the citizen have a strong family support system, who must be available for the successful outcome of the medical crisis? 3. Does the citizen's family meet the basic prerequisites for House safety? 4. Who are our community partners? a. The Temecula Chamber b. The Temecula Garden Club c. Church Organizations SIGNATURE PAGE The applicant acknowledges and agrees to the following: • Recipient is subject to all Community Service Funding Program requirements including submittal deadlines and payment disbursements. • Every Community Service Funding application is considered individually and on its own merit. • Awards will be given to organizations and activities that directly benefit the residents of Temecula. • Funding is not immediately available to the recipient; and requires an award letter signature upon approval. Please allow time for checks to be processed. • The awarding of Community Service Funding does not constitute an automatic annual allocation. • The recognition for Community Service Funding should accrue to the City of Temecula. • Community Service Funding roust be spent as specified on the Application and records may be requested by the City of Temecula to ensure the funds were used appropriately. • Community Service Funding grants will not be awarded or announced within the 60 days before an election in which an awarding Council Member is on the ballot. • The recipient shall provide a full accounting with documentation on the use of awarded funds. The recipient shall return to the City any funds not spent or documented per the signed agreement. We hereby certify the information contained in this Application is true to the best of our knowledge and belief. PREPARED BY: —� AME and TITLE (Plea SIG ATURE: PRESIDENT or AUTHORIZED nt or ype) SHAA,AJ WEL. NAME and TITLE (Please Print or Type) DATE: 0- 7I7 EMAIL ADDRESS: r_ rrr?/j C455a0 _5Ae) s:I Ze-r-OP (Month, Day, Year) SUBMIT ORIGINAL APPLICATION BY FRIDAY SEPTEMBER 15, 2017 TO: Mail to: City of Temecula Community Service Funding Attn: City Manager's Office 41 000 Main Street Temecula, CA 92590 if you have any questions please contact Betsy Lowrey at (951) 693-3959 or Sue Steffen at (951) 506-5100. Application: Page 7 of 7 FY 2017/2018 COMMUNITY SERVICE FUNDING GRANT APPLICATION # 12 JDS CREATIVE ACADEMY CITY OF TEMECUL A FISCAL YEAR 2017"2018 COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2017-18 Program Submission Deadline: Friday, September 15, 2017 PROJECT/PROGRAM INFORMATION Amount Requested: $ 5,000 (Maximum allowable $5,000 per Organization) ProjectlProgram Title: Video and Digital Media CTE and Apprenticeship ProjectlProgram Start Date: October 4, 2017 Project/Program End Date: May 30, 2019 If Grant is Awarded, Make Check Payable to: JDS Creative Academy Mailing Address 39870 Camden Court, Temecula, CA 92591 ORGANIZATION INFORMATION and GEOGRAPHIC AREA SERVED Name of Applicant Organization:: JDS Creative Academy Website: www.JDSCreativeAcademy.org Contact Name: Diane Strand Title/Position: Executive Director Contact Person's Email Address dianceAds-productians.cam Telephone: Year Organization Founded: 2014 Number of Paid Staff: 0 Number of Volunteers: 150 Geographic area(s) the organization serves: City of Temecula, Riverside County, North San Diego Geographic area the Project/Program will serve (NOTE: Community Service Funding Grant must exclusively be used to serve Temecula) City of Temecula Include a physical address of Project/Program (if different than Organization's Mailing Address): 28069 Diaz Rd. Suite D,E, & F, Temecula, CA 92590 Is this organization incorporated as a nonprofit organization? Yes X No (If No, then it is ineligible to receive City Funding) Provide a copy of your statement of nonprofit status from the State of California, and the first page (only) of the most recent IRS Form 990. IRS Form 990 is a public record. Form 990s for all charities registered in California are posted on the Attorney General's web site www.ag.ca.Qov. The website also offers a searchable database of California charities. Form 990s for 501(c )(3) charities may be found at GuideStar www.quidestar.orq. Date of Incorporation as a Nonprofit: May 5, 2015 Federal identification Number: State Identification Number: Submit and Attach Status Verification from Internal Revenue Services and Franchise Tax Board: 1. http:flapps.rs.govfappfeosl (print out and attach Deductibility Status) 2. https:lfwww.ftb.ca.aovlonlinefself serve entity status letterfindex.asp (print out MFR Entity Status Letter) i i L I I CITY MANAGER'S SEPOFFICE Application: Page 1 of 7 Has the organization or any members of the Board of Directors of the organization been involved with any personal business transactions valued over $500 including any business transactions, negotiations, investments, or interests in real property with a Temecula City Council Member during the past 12 months? Yes No x If Yes, briefly describe: Is a Temecula City Council Member a member of the Board of Directors or an Officer of the organization? Yes organization: No X If Yes, provide Council Member's Name and title within the This Application has been authorized by the organization's: Executive Committee X Board of Directors -Y Members -at -Large FINANCIAL STATEMENTS Upon request, copies of the current budget of the organization f financial statements (balance statement and income statement), and if available CPA's audit, may be needed to demonstrate sound financial management. Do not submit now. CITY OF TEMECULA FUNDING — OTHER SOURCES Within the past two years, has your organization received (or is your organization concurrently requesting) any other sources of funding from the City of Temecula? Yes. No If Yes, provide information in table below: Type of funding from City Program, R or Service(s) Supportedby P 9m rpt(1 the Grant or Sponsorship Month/Year Received Amount sponsorship Digifest Temecula (marketing and facilities) March 2017 thru in-kind sponsorship Digifest Temecula (marketing and facilities) April 2018 in-kind MISSION STATEMENT OF ORGANIZATION Briefly describe the goals and objectives, or mission, of your organization. WS Creauys Aeadensv strives to provide advanced . J 1 1.. 1 ' /1 •. 1' , 1 ti i 1 1111 1• i •' Performing Arts (VAP,A)ind Carter TrainingSLducation {CTIJ rgsutiremen ts, Addiu'onallYJD_SCA ccUahoratss with Mt. Sauiacinto College (MSIC), lillstrld Regional (IR), and Dept. of Rehabilitation (DOR) to provide education and job -skills training for young adults, both mainstream and with autism, Through training, education internship, and apprenticeship, IDSCADrovides knowledge skills, and hands-on training, thereby giving_students a means to pursue higher education, prosper in the arts and entertainment industry, andlar cross -train into other Temecula industries. Application: Page 2 of 7 GRAI _ FUNDING PROJECT/PROGRAM LPESCRiPTION NOTE Receipts/invoices will be required to be submitted to the City to demonstrate that your organization used grant funding awarded by the City to support the project/program as described here. See Compliance Reporting Requirements on Application page 9 for details. 1. Provide a brief description of the Project/Program (and its objectives) that the City of Temecula grant funding will be used to support. The C`ty�off jemecula grant funding will be used to support )DS Creative Academy's Video and Digital Media Career Training Education and Apprenticeship program. The main goal of the video and Digital Media CTE and Apprenticeship training is to help the City of Temecula transition into the modern digital age. The GTE collaboration with K-12 at TVUSD and the Apprenticeship program with MSJC will help Temecula high school and cuilcge students learn the critical video and digital skills vital in today's workforce. Additionally, the program's collaboration with IR and DOR will help autistic young adults learn about film -making and broadcasting. The job skills learned through the CTE and Apprenticeship program cross -train to several industries: logistics, engineering, and technology. IDSCA is a STEM to STEAM model. All 113,054 residents of Temecula will have access to the benefits of this CTE and Apprenticeship program: a regular newscast focusing on events, business, conununity, traffic, and current news in the Temecula Valley and greater Riverside County area. The prograrn will also provide relevant transferable job -training skills to our community's young people, including our autism population. 2. Describe how your organization will use the funding awarded? Include equipment or services that would be purchased and why. Job Creative Academy will be using the awarded funding to buy a NewTek TriCaster Mini HD -4i with built in seven inch display. The NewTek TriCaster is one of the most vital pieces of the Video and Digital Media CTE and Apprenticeship program. It is this appliance that allows recorded and live videos to he streamed together seamlessly for a professional output that meets film and broadcasting industry standards. Using relevant equipment is one of the main objectives of the program. The TriCaster can be connected to multiple cameras both in studio and remote, and can live stream newscasts simultaneously. Furthermore, the TriCaster comes _pre-programmed with professional backgrounds to create virtual sets on the 40 foot green screen that JDS Creative Academy already has in place. Without the TriCaster the Video and Digital Media CTE and Apprenticeship will be at a standstill, because the students involved will not be able to film, record, stream, or use the 40 foot green screen to its full potential. 3. Explain how the grant funding will specifically benefit Temecula residents. The grant funding will be used for the TriCaster, a vital piece of equipment that will enhance the production quality of the newscast, Teruecula residents will be enticed to be engaged in the program. The output speed of the program is timely so the delivery for the city's Channel 3 local programming distribution can be streamed live and delivered to the city on the same day. Temecula residents will benefit because they will have direct access to a newscast that focuses on current events in the area. Additionally, residents and business owners will be able to advertise and use the newscast to spread information and gather local knowledge. Furthermore, JDSCA's collaboration with TVUSD, MSJC, IR, and DOR makes this CTE and Apprenticeship program a direct benefit to the community at large, including college and high school students, as well as our autistic residents at Temecula. This is a chance for them to develop skills by practicing film and broadcasting close to home --an opportunity that rarely presents itself in a competitive marketplace like the Film and broadcasting industry. Targeted population (beneficiaries) of Project/Program: youttt,.youog adults, community at large Estimated number of people expected to benefit from this Project/Program: 113,00+ Estimated number of volunteers involved in this Project/Program: 150 Application: Page 3 of 7 4. In 30 words or less, summarize how the grant funds, if awarded, will be used. IMPORTANT: This summary will be used in a spreadsheet intended to summarize all Community Service Funding Grant Applications submitted to the City. Grant funds allocated to a NewTek TriCaster Mini. HD -4i provides industry professional hands-on training, education, with direct access to timely live -streaming news, information, and events to Temecula residents and businesses. PROJECT/PROGRAM — BUDGET PROJECT/PROGRAM'[ BUDGET Line Items for Project/Program Revenues Expenses VARIOUS TYPES OF REVENUES/INCOME FOR THE PROJECT/PROGRAM: Amount of money requested from the City of Temecula Community Support Grant (Not to exceed $5,000) $ 5,000 Cash contributed to Project/Program by the Applicant Organization $ 3,000 Other grants or funding already awarded for Project/Program, if any $ 0 In -Kind match amount or volunteer credit hours estimated amount $ 3,000 VARIOUS TYPES OF EXPENSES FOR THE SPECIFIC PROJECT/PROGRAM: Staffing expense for Project/Program (this amount is ineligible to be funded by City's Grant; however please include) $ 0 Equipment expense for Project/Program $ 8,000 Food expense for Project/Program $ 0 Marketing expense for Project/Program $ 0 Supplies expense for Project/Program $ 1,500 Facilities/Rent expense for Project/Program $ 0 V Other expense for Project/Program $ 1,500 1 TOTAL BUDGET FOR PROJECT/PROGRAM $ 11,000 $ 11,000 Application: Page 4 of 7 SIGNATURE PAGE The applicant acknowledges and agrees to the following: • Recipient is subject to all Community Service Funding Program requirements including submittal deadlines and payment disbursements. • Every Community Service Funding application is considered individually and on its own merit. • Awards will be given to organizations and activities that directly benefit the residents of Temecula. • Funding is not immediately available to the recipient; and requires an award letter signature upon approval. Please allow time for checks to be processed. • The awarding of Community Service Funding does not constitute an automatic annual allocation. • The recognition for Community Service Funding should accrue to the City of Temecula. • Community Service Funding must be spent as specified on the Application and records may be requested by the City of Temecula to ensure the funds were used appropriately. • Community Service Funding grants will not be awarded or announced within the 60 days before an election in which an awarding Council Member is on the ballot. • The recipient shall provide a full accounting with documentation on the use of awarded funds. The recipient shall return to the City any funds not spent or documented per the signed agreement. We hereby certify the information contained in this Application is true to the best of our knowledge and belief. PREPARED BY: May Lo, Studio Intern NAME and TITLE (Please Print or Type) SIGNATURE: PRESIDENT or j AUTHORIZED OFFICER: Diane Strand, Executive Director SIGNATURE: NAME and TITLE (Please Print or Type) ORGANIZATION NAME: IDS Creative Academy. TELEPHONE: EMAIL ADDRESS: DATE: September 5, 2017 (Month, Day, Year) diane@jds-productions.com SUBMIT ORIGINAL APPLICATION BY FRIDAY SEPTEMBER 1552017 TO: Mail to: City of Temecula Community Service Funding Attn: City Manager's Office 41000 Main Street Temecula, CA 92590 If you have any questions please contact Betsy Lowrey at (951) 693-3959 or Sue Steffen at (951) 506-5100. Application: Page 7 of 7 FY 2017/2018 COMMUNITY SERVICE FUNDING GRANT APPLICATION # 13 MICHELLE'S PLACE CITY OFTEME CUEA FISCAL YEAR 2017-2018 COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2017.113 Program Submission Deadline: Friday, September 15, 2017 PROJECT/PROGRAM INFORMATION Amount Requested: $ 5,000 (Maximum allowable $5,000 per Organization) Project/Program Title: Breast Health Assistance Program Project/Program Start Date: January 1, 2017 Project/Program End Date: June 30, 2018 If Grant is Awarded, Make Check Payable to: Mirh€llR's !Diann Mailing Address 27645 Jefferson Ave. #117, Temecula CA 92590 ORGANIZATION INFORMATION and GEOGRAPHIC AREA SERVED Name of Applicant Organization: Michelle's Place, Breast Cancer Resource Center Website: www.michellesplace.org Contact Name: Kim Gerrish Title/Position: Executive Director Contact Person's Email Address kim@michellesplace.org Telephone: Year Organization Founded: 2001 Number of Paid Staff: 9 Number of Volunteers: 65 Geographic area(s) the organization serves: Riverside County Geographic area the Project/Program will serve (NOTE: Community Service Funding Grant must exclusively be used to serve Temecula) Tpmprriila Include a physical address of Project/Program (if different than Organization's Mailing Address): Is this organization incorporated as a nonprofit organization? Yes x ineligible to receive City Funding) Provide a copy of your statement of nonprofit status from the State of California, and the first page (only) of the most recent IRS Form 990. IRS Form 990 is a public record. Form 990s for all charities registered in California are posted on the Attorney General's web site www.aq.ca.gov. The website also offers a searchable database of California charities. Form 990s for 501(c )(3) charities may be found at GuideStar www.puidestar.orci. November 4, 2001 Date of Incorporation as a Nonprofit: 111111 No (If No, then it is Federal Identification Number: State Identification Number: Submit and Attach Status Verification from Internal Revenue Services and Franchise Tax Board: 1. http://apcs.irs.gov/appfeosl (print out and attach Deductibility Status) 2. https:/fwww.ftb.ca.govlpnlinelself serve entity status leiterlindex.aso (print out and attach Entity Status Letter) RECEIVED Application: Page 1 of 7 SEP 1 it 2017 CITY MANAGER'S OFFICE Has the organization or any members of the Board of Directors of the organization been involved with any personal business transactions valued over $500 including any business transactions, negotiations, investments, or interests in real property with a Temecula City Council Member during the past 12 months? Yes No x If Yes, briefly describe: Is a Temecula City Council Member a member of the Board of Directors or an Officer of the organization? Yes No x If Yes, provide Council Member's Name and title within the organization: This Application has been authorized by the organization's: Executive Committee Board of Directors x Members -at -Large FINANCIAL STATEMENTS Upon request, copies of the current budget of the organization / financial statements (balance statement and income statement), and if available CPA's audit, may be needed to demonstrate sound financial management. Do not submit now. CITY OF TEMECULA FUNDING — OTHER SOURCES Within the past two years, has your organization received (or is your organization concurrently requesting) any other sources of funding from the City of Temecula? Yes x NoIf Yes, provide information in table below: Type of Funding from City CDBG Council Matt Ra Program, Project or Service(s) Supported by the Grant or Sponsorship Breast Health Assistance Program. - navigation and diagnostic breast health imaging rnember Community Service Funding for the Breast hn Health Assistance Program. CDBG Breast Health Assistance Program - navigation MonthlYear Received 2016 2016 2017 Amount $8,283 $2,000 pending MISSION STATEMENT OF ORGANIZATION Briefly describe the goals and objectives, or mission, of your organization. see attached Application: Page 2 of 7 GRANT FUNDING PROJECT/PROGRAM DESCRIPTION NOTE: Receipts/invoices will he required to be submitted to the City to demonstrate that your organization used grant funding awarded by the City to support the project/program as described here_ See Compliance Reporting Requirements on Application Page 9 for details. 1. Provide a brief description of the Project/Program (and its objectives) that the City of Temecula grant funding will be used to support. .seeattached 2. Describe how your organization will use the funding awarded? include equipment or services that would be purchased and why. see attached 3. Explain how the grant funding will specifically benefit Temecula residents. see attached Women going through breast cancer Targeted population (beneficiaries) of Project/Program: treatment or have a symptom of breast cancer. Estimated number of people expected to benefit from this Project/Program: 250 Estimated number of volunteers involved in this Project/Program: 92 Application: Page 3 of 7 Mission Statement #1 MicheIle's Place is a non-profit organization located in Temecula, facilitating breast health services, support and resources to women. As the only non-profit organization serving women's breast health needs in southern Riverside County, Michelle's Place serves any women needing access to quality screenings, treatment and support. Our mission statement is to empower individuals and families impacted by breast cancer through education and support services. As a non-profit agency, our organization relies on donations, grants and sponsorships to provide our services at no cost to our clients. Local support from individual private donors, businesses and local governments has historically funded our programs, indicating a high level of public support. Michelle's Place is a fiscally sound organization with conservative business practices designed for long-teen program and agency sustainability. Our agency is governed by a Board of Directors made up of business professionals, community leaders, educators, health professionals and cancer survivors. Their breadth of experience, community involvement and guidance has developed Michelle's Place into an agency that is prepared and able to serve women needing breast health services. In addition, our Executive Director, Kim Goodnough, manages the day to day operations as well as secures partnerships, funding and relationships to steer the agency towards the future. Our program staff, which includes Cheryl Lebowitz , Jess Young , Dina Duran, Mercedes Ruiz, Laura Lawrence, Ashlee Collins and Michele Brewer implement our programs, directly serve our clients and handle the administrative tasks necessary to make our agency run smoothly. Michelle's Place has grown significantly over the past few years, demonstrating both our community's need for quality breast health services and our community's positive response to our agency. In 2016, Michelle's Place provided over 11,000 services to nearly 1,700 women. Each year more women and families are seeking services through Michelle's Place because they have no other option. We expect the number of women needing services to continue to rise, and our agency is committed to ensuring that every woman who has been touched by breast cancer, or who suspects breast cancer has access to breast health services, regardless of her ability to pay. Michelle's Place does not discriminate based on race, color, creed, nationality, sex, marital status, disability, religion or political affiliate, nor does our agency require attendance or participation in any political, religious or social activity. Project Description and Use of Funds #2 & #3 The Breast Health Assistance program provides breast health resources, navigation, financial assistance and support to women and their families in Riverside County. One component of the Breast Health Assistance program is free and low-cost mammograms, ultrasounds and other diagnostic breast health services. Women who are uninsured, have a symptom of breast cancer and have a prescription for a diagnostic breast health service can apply for the program. Once accepted into the program a woman will receive guidance from one of our patient navigators who will ensure timely appointments and support through the process, Although a new law was passed earlier this year that provides all women who have a symptom of cancer with the diagnostic breast health services they need, not all women will qualify. Michelle's Place Breast Health Assistance program will provide these women with the diagnostic services they need. The diagnostic program targets women who would otherwise fall through the cracks. These women include uninsured and underinsured women who have a symptom of breast cancer. Funding from the City of Temecula will directly benefit the residents of Temecula. A minimum of 20 women will receive diagnostic breast health services and / or financial support. Additionally, at least 150 women will receive resources through our Patient Navigator. There is currently no resource available to uninsured, low-income women of Temecula Valley to receive breast health services. Michelle's Place is meeting that need. Through the generous support of our local practitioners and imaging facilities, Michelle's Place receives a significant discount on all services provided to the participants of the Breast Health Assistance Program. All fees are reimbursable at Medi -Cal rates or a 40% discount, whichever is lower. If any of the participants who receive a screening or diagnostic service are in need of additional tests, surgeon consult or biopsy, they will receive these services free through the Breast Health Assistance program. Additionally, women who are currently in breast cancer treatment and are struggling financially can apply for the Pink Ribbon Assistance Program. Through this program, women receive financial aid through grocery gift cards. Additionally, they receive navigation to other resources such as food banks, shelters, co -pay assistance, free legal services, transportation, etc. 4. The Temecula Community Service Grant will provide uninsured and underinsured women with potentially life-saving breast health services as well as temporary financial assistance to women going through breast cancer treatment. 4. In 30 words or less, summarize how the grant funds, if awarded, will be used. IMPORTANT: This summary will be used in a spreadsheet intended to summarize all Community Service Funding Grant Applications submitted to the City. see attached PROJECT/PROGRAM — BUDGET PROJECT/PROGRAM_ BUDGET Line Items far Project/Program Revenues Expenses VARIOUS TYPES OF REVENUES/INCOME FOR THE PROJECT/PROGRAM: Amount of money requested from the City of Temecula Community Support Grant (Not to exceed $5,000) $ 5,000 Cash contributed to Project/Program by the Applicant Organization $ 28,294 Other grants or funding already awarded for Project/Program, if any $ 94,000 In -Kind match amount or volunteer credit hours estimated amount $ 7,200 VARIOUS TYPES OF EXPENSES FOR THE SPECIFIC PROJECT/PROGRAM: Staffing expense for Project/Program (this amount is ineligible to be funded by City's Grant; however please include) $ 64,0001 Equipment expense for Project/Program $ 0 $ 0 Food expense for Project/Program Marketing expense for Project/Program printing brochures/fliers $ 750 $ 5,400 Supplies expense for Project/Program Facilities/Rent expense for Project/Program $ Other expense for Project/Program Mammograms, financial assistance $ 71,500 TOTAL BUDGET FOR PROJECT/PROGRAM $ 1 gA/taA $ 141,650 Application: Page 4 of 7 SIGNATURE PAGE The applicant acknowledges and agrees to the following: • Recipient is subject to all Community Service Funding Program requirements including submittal deadlines and payment disbursements. • Every Community Service Funding application is considered individually and on its own merit. • Awards will be given to organizations and activities that directly benefit the residents of Temecula. • Funding is not immediately available to the recipient; and requires an award letter signature upon approval. Please allow time for checks to be processed. • The awarding of Community Service Funding does not constitute an automatic annual allocation. • The recognition for Community Service Funding should accrue to the City of Temecula. • Community Service Funding must be spent as specified on the Application and records may be requested by the City of Temecula to ensure the funds were used appropriately. • Community Service Funding grants will not be awarded or announced within the 60 days before an election in which an awarding Council Member is on the ballot. • The recipient shall provide a full accounting with documentation on the use of awarded funds. The recipient shall return to the City any funds not spent or documented per the signed agreement. We hereby certify the information contained in this Application is true to the best of our knowledge and belief. PREPARED BY: Kim Gerrish, Executive Director SIGNATURE: PRESIDENT or AUTHORIZED OFFICER: E and TITLE lease Print or Type) Marilyn Watson, President NAME and TITLE (Please Print or Type) SIGNATURE: -Maxi*I)414inv\ ORGANIZATION NAME: Mi elle's Place, Breast Cancer Resource Center TELEPHONE: EMAIL ADDRESS: kine michellesplace.org DATE: 09/14/18 (Month, Day, Year) SUBMIT ORIGINAL APPLICATION BY FRIDAY SEPTEMBER 15, 2017 TO: Mail to: City of Temecula Community Service Funding Attn: City Manager's Office 41000 Main Street Temecula, CA 92590 If you have any questions please contact Betsy Lowrey at (951) 693-3959 or Sue Steffen at (951) 506-5100. Application: Page 7 of 7 FY 2017/2018 COMMUNITY SERVICE FUNDING GRANT APPLICATION # 14 OUR NICHOLAS FOUNDATION CITY OF TEMECUJL4 FISCAL YEAR 2017-2018 COMMUNITY SERVICE FUNDING PROGRAM APPLJGATION (Please Print or Type) 2017-18 Program Submission Deadline: Friday, September 15, 2017 r PROJECT/PROGRAM INFORMATION Amount Requested: $ 5 COO ; (Maximum allowable $5,000 per Organization) ProjectlProgram Title: ` 0'7i I`') a -A-1'L SGAnu u- (' C P ,AS Project/Prograrn Start Date: )Ci`, -c, Project/Program End Date: i-'0 ,-1 -) T E If Grant is Awarded, Make Check Payable to: Cv,r It3iCAA- t• CAN s -- -''->.'OF t7 0 Mailing Address "31, `-S q' (I—At-4e k1/4 t, eu L, (44)- * C ORGANIZATION INFORMATION and GEOGRAPHIC AREA SERVED Name of Applicant Organization: C -'-- Website: V L Nictc- . Cx- Contact Name: t \/)-12._kc- r'irr' S("1--1'-4 0 _ Title/Position: CZ) (c 0----0e12.- Contact Person's Email Address r -0 z) CC ..'4 L *-' «= cAZ—L' Telephone: Year Organization Founded: .Uc Number of Paid Staff:;25 Number of Volunteers: Geographic area(s) the organization serves: -1-42:-Q-:',:,._.; lct V6,4 Geographic area the Project/Program will serve (NOTE: Community Service Funding Grant must exclusively be used to serve Temecula) CCtvkcz_- C-- Include a physical address of Project/Program (if different than Organization's Mailing Address): Is this organization incorporated as a nonprofit organization? Yes 7` No (If No, then it is ineligible to receive City Funding) Provide a copy of your statement of nonprofit status from the State of California, and the first page (only) of the most recent IRS Form 990. IRS Form 990 is a public record. Form 990s for all charities registered in California are posted on the Attorney General's web site www.ag.ca.gov. The website also offers a searchable database of California charities. Form 990s for 501(c )(3) charities may be found at GuideStar www.guidestar.orq. Date of Incorporation as a Nonprofit: _.-/ (z. #" t ;� . '•, ' �' Federal Identification Number: State Identification Number: Submit and Attach Status Verification from Internal Revenue Services and Franchise Tax Board: 1. http:llapps.irs.govlapp/eosl (print out and attach Deductibility Status) 2. https://www.ftb.ca.gov/onlinelself serve entity status letter/index.asp (print out anflifteyko Entity Status Letter) Application: Page 1 of 7 SEP 0 7 20V CITY MANAGER'S OFFICE Has the organization or any members of the Board of Directors of the organization been involved with any personal business transactions valued over $500 including any business transactions, negotiations, investments, or interests in real property with a Temecula City Council Member during the past 12 months? Yes No )( If Yes, briefly describe: Is a Temecula City Council Member a member of the Board of Directors or an Officer of the organization? Yes No X if Yes, provide Council Member's Name and title within the organization: This Application has been authorized by the organization's: Executive Committee Board of Directors ><-. Members -at -Large FINANCIAL STATEMENTS Upon request, copies of the current budget of the organization / financial statements (balance statement and income statement), and if available CPA's audit, may be needed to demonstrate sound financial management. Do not submit now. CITY OF TEMECULA FUNDING - OTHER SOURCES Within the past two years, has your organization received (or is your organization concurrently requesting) any other sources of funding from the City of Temecula? Yes 1(" No if Yes, provide information in table below: Type of Funding from City Program, Project or Service(s) Supported by the Grant or Sponsorship MonthfYear Received Amount 1 MISSION STATEMENT OF ORGANIZATION Briefly describe the goals and objectives, or mission, of your organization. To o,,^b-A,A-e-- ` % .r c� { i s; -4-c-,5 t Application: Page 2 of 7 GRANT FUNDING PROJECT/PROGRAM DESCRIPTION NOTE: Receipts'invoices will be required to be submitted to the City to demonstrate that your organization used grant funding awarded by the City to support the project/program as described here. see Compliance Reperting Requirements on Application Page 9 for details. 1. Provide a brief description of the Project/Program (and its objectives) that the City of Temecula grant funding will be used to support. g sr—cc --h^s r e -s -h. G k f- c N CL,IAtAijet `► 2. Describe how your organization will use the funding awarded? Include equipment or services that would be purchased and why. tl d_' uO i `l c.)52 . Aefq, r 7,t) r-6,,,.< c_41‘- i A c- c,,J cke t r "--eork-s — SI e . 4 L.) r - rje .c c -,ed` lam. /c fie.. c), -i lel j c -t-4) t \ u�1+sr& d' Ck'k'A %i o f ti C i74`15' `"< c-2. ✓1 /C . )e -,)i l4 0. lc�, .5t v „4-% / ar` A -c r 5c\ es -.62. r15 SY`-.4) r-° l`-'4of 5 SCJ1 c . 0-4, a �5-3 e ,- etc,._j A 3. Explain how the grant funding will specifically benefit Temecula residents. e,[( "+' a ,l1Z c10 '* r or*`r S, vim-'�^a► ,r•�r Lc-.rL s Ore r (r - 9,52c4-5. . Targeted population (beneficiaries) of Project/Program: Estimated number of people expected to benefit from this Project/Program: 3cp Estimated number of volunteers involved in this Project/Program: a (-5-t) 4 - Application: Page 3 of 7 4. In 30 words or IMPORTANT: This Community Service less, summarize how the grant funds, if awarded, will be used. summary will be used in a spreadsheet intended to summarize all Funding Grant Applications submitted to the City. t I + r C ]A- 5Gf-i G s 1' C oc at 1 S tIV C&',t-\-V\ �) PROJECT/PROGRAM — BUDGET PROJECT/PROGRAM BUDGET line Items for Project/Program VARIOUS TYPES OF REVENUES/INCOME FOR THE PROJECT/PROGRAM: Amount of money requested from the City of Temecula Community Support Grant (Not to exceed $5,000) Cash contributed to Project/Program by the Applicant Organization Other grants or funding already awarded for Project/Program, if any Revenues In -Kind match amount or volunteer credit hours estimated amount VARIOUS TYPES OF EXPENSES FOR THE SPECIFIC PROJECT/PROGRAM: $ Staffing expense for Project/Program (this amount is ineligible to be funded by City's Grant; however please include) Equipment expense for Project/Program Food expense for Project/Program Marketing expense for Project/Program Supplies expense for Project/Program Facilities/Rent expense for Project/Program Other expense for Project/Program TOTAL BUDGET FOR PROJECT/PROGRAM 003 $ oQ $ $ 15'o -o -D Application: Page 4 of 7 SIGNATURE PAGE The applicant acknowledges and agrees to the following: • Recipient is subject to all Community Service Funding Program requirements including submittal deadlines and payment disbursements. • Every Community Service Funding application is considered individually and on its own merit. • Awards will be given to organizations and activities that directly benefit the residents of Temecula. • Funding is not immediately available to the recipient; and requires an award letter signature upon approval. Please allow time for checks to be processed. • The awarding of Community Service Funding does not constitute an automatic annual allocation. • The recognition for Community Service Funding should accrue to the City of Temecula. • Community Service Funding must be spent as specified on the Application and records may be requested by the City of Temecula to ensure the funds were used appropriately. • Community Service Funding grants will not be awarded or announced within the 60 days before an election in which an awarding Council Member is on the ballot. • The recipient shall provide a full accounting with documentation on the use of awarded funds. The recipient shall return to the City any funds not spent or documented per the signed agreement. We hereby certify the information contained in this Application is true to the best of our knowledge and belief_ PREPARED A BY: i.21 Co NAME and TtTtl* lsyase Print or Type) SIGNATURE: PRESIDENT or AUTHORIZED OFFICER: RA NAME and TITLE (Please Print or Type) SIGNATURE: ORGANIZATION NAME: O. . V\ TELEPHONE:_ EMAIL ADDRESS: t N J-)11---01c4— (Month, ) 01c — DATE: (Month, Day, Year) SUBMIT ORIGINAL APPLICATION BY FRIDAY SEPTEMBER 15, 2017 TO: Mail to: City of Temecula Community Service Funding Attn: City Manager's Office 41000 Main Street Temecula, CA 92590 If you have any questions please contact Betsy Lowrey at (951) 693-3959 or Sue Steffen at (951) 506-5100. Application: Page 7 of 7 From: Stacey Brown Sent: Tuesday, September 12, 2017 2:33 PM To:'info@ournick.org' <info@ournick.org> Subject: ONF - FY17/18 CSF Application Importance: High Hi, lam Stacey Brown assisting Betsy Lowrey with the applications for the Community Service Funding Grant Program this year. We received your application on September 7, 2017. There appears to be some missing information that we need for our file. You can simply reply to this email with the information: • Application Pape 2 of 7, Section: City of Temecula Funding -- Other Sources The application states "After School Programs" were funded from "Community Service 10/16 $4,910". Our records show: Community Service Grant Funding for FY 16-17 in the amount of $4,768.84 (as entered into the table, on your behalf). Our records also show additional sources of City grants over the last two years were awarded but were not stated on your application including: Type of Funding from City Program, Project or Service(s) Supported by the Grant or Sponsorship Month/Year Received Amount Community Service Afterschool Programs: Sports Events and Vocational Training FY 16-17 $4,768.84 Funding (Check Sent 6117) Community Service ONF After School Programs (Check Sent 6/16) FY 15-16 $5,000 Funding Community Service ' Afterschool Sports Programs for Families Living with FY 14-15 $5,000 Funding Autistic Family Members (Check Sent 6/15) Individual City Council Build Out Vocational Training Areas and Technology Centers FY 16-17 $2,000 (MN) Discretionary Grant Funding (Check Sent 1/17) Individual City Council Vocational and Living Project (ME: Check Sent 12115) FY 15-16 $1,500 (ME) Discretionary Grant Funding ONF After School Programs (MN: Check Sent 6/16) $ 645 (MN) Individual City Council MN: Check Sent 6/15 FY 14-15 $11,562.50 Discretionary Grant Funding Could you please confirm receipt of the above funding? Also, if you could also please review your files to be sure we did not inadvertently miss any other funding received from the City over the past two years (since 2015). Thank you. • Application Page 4 of 7, Question *4 While a response was provided, it did not "summarize how the grant funds, if awarded, will be used". This is important, as this summary will be used in a spreadsheet intended to summarize all the Community Service Funding Applications submitted to the City. Please complete Question #4 with how the funding will be used (what the funds will purchase). Thank you. We look forward to receiving the complete application soon. Please feel free to contact me if you have any questions. Thank you. Stacey Brown Office Technician 111 City of Temecula 951-506-5100 stacey.brown@TemaculaCA.pcv 41000 Main St., Temecula, CA 92590 Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt FY 2017/2018 COMMUNITY SERVICE FUNDING GRANT APPLICATION # 15 PHOENIX PATRIOT FOUNDATION CITY OF TEMECULA FISCAL YEAR 2017-2018 COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2017-18 Program Submission Deadline: Friday, September 15, 2017 PROJECT/PROGRAM INFORMATION Amount Requested: $ 5,000.00 (Maximum allowable $5,000 per Organization) Project/Program Title: Phoenix Patriot Foundation Music Proorarrt Project/Program Start Date: January 1, 2018 Project/Program End Date: December 31, 2018 If Grant is Awarded, Make Check Payable to: Phoenix Patriot Foundation Mailing Address 40210 Spinning Wheel Dr., Murrieta, CA 92562 ORGANIZATION INFORMATION and GEOGRAPHIC AREA SERVED Name of Applicant Organization: Phoenix Patriot Foundation, LLC Website: www.Phoenixpatriotfoundation.orq Contact Name: Antonio Villegas Title/Position: Operations and Office Manager Contact Person's Email Address tonv ci? hoenixpatriotfoundation.org Telephone: Year Organization Founded: 2010 Number of Paid Staff: One Number of Volunteers_ 15-20 Geographic area(s) the organization serves: Nationwide Geographic area the Project/Program will serve (NOTE: Community Service Funding Grant must exclusively be used to serve Temecula) Temecula, CA Include a physical address of ProjectlProgram (if different than Organization's Mailing Address): 29301 Ynez Rd. Temecula, CA 92592 Is this organization incorporated as a nonprofit organization? Yes X No (If No, then it is ineligible to receive City Funding) Provide a copy of your statement of nonprofit status from the State of California; and the first page (only) of the most recent IRS Form 990. IRS Form 990 is a public record. Form 990s for all charities registered in California are posted on the Attorney General's web site www.aq.ca.gov. The website also offers a searchable database of California charities. Form 990s for 501(c )(3) charities may be found at GuideStarwww guidestar.org. Date of Incorporation as a Nonprofit: May 2010 Federal identification Number: State Identification Number: Submit and Attach Status Verification from Internal Revenue Services and Franchise Tax Board: 1. http:llapps.irs.goviappieosi (print out and attach Deductibility Status) RECEJVED 2. https:llwww.ftb.ca.govlonline/self serve entity status letter/index asp (print out ajn�dattat{ �a1� Entity Status Letter) SP!I CITY MANAGER'S Application: Page 1 of 7 OFFICE signature band, Phoenix Patriot Band also performs at several local music events supporting The VFW, American Legion and local Veteran Service Organization events. The "all volunteer" Phoenix Patriot Band Sound and Stage Crew also manages concert events such as The Galway Downs Veterans Concert for Heroes event. The Phoenix Patriot Foundation's Music Pro ram recentl s+onsored 5 local Veterans in a STEM Guitar Building Project in which the Combat injured Veterans built their own electric guitars aiding in their PTSD rehabilitation. Phoenix Patriot Foundation was recently featured on the Operation American Dream TV show in San Diego. https://www.facebook. com/Phoen ixPatriotFoundationlposts/1462825373764186 Application: Page 3 of 7 GRANT FUNDING PROJECT/PROGRAM DESCRIPTION NOTE: Receipts/invoices will be required to be submitted to the City to demonstrate that your organization used grant funding awarded by the City to support the project/program as described here. See Compliance Reporting Requirements on Application Page 9 for details. Provide a brief description of the ProjectlProgram (and its objectives) that the City of Temecula grant funding will be used to support. The National STEM Guitar Pra'ect with Phoenix Patriot Foundation PPF to Host Wounded Veterans for Inspiring Guitar Building Workshop. The National STEM Guirtar Project will host wounded and injured Post 9-11 Veterans for an innovative Guitar Building Workshop. The 3 day guitar building adventure is aimed at building confidence, encouragement, employability, skill -building and STEM skill mixed in for 5 Veteran Heroes who have served our nation with honor. During this intense 3 -day electric guitar design/build workshop, each veteran will build his/her own custom electric guitar engaging in learning activities that relate the guitar design to specific math, science and engineering (STEM) topics. These participating heroes will leave the workshop with their custom-made guitars, life -enhancing skills and unforgettable experience. The PPF mission is to provide individually tailored programs, allowing our heroes to recover, reintegrate and remain engaged in serving America. In an effort to meet this mission, the National STEM Guitar Project partnership with PPF will empower wounded and injured veterans to pursue their passion of incorporating music into their lives which aides in PTSD recovery as well. Veteran's registration in the Guitar Building Workshop is fully funded in part by a grant from The National Science Foundation (#1364405) in partnership with Advanced Technological Education (ATE) Centers. Images and Videos: https.//www.facebook.com/STEMGuitarProject/ https://www.facebook.com/PhoenixPatriotFou ndation/postsf 1500637003316356 Describe how your organization will use the funding awarded? Include equipment or services that would be purchased and why. 2-3 Trainers — cost and travel = $3,350.00 Guitar Kit Cost -- 5 @ $210 = $1050.00 Accessory Pack -- 5 @ $65 = $ 325.00 Tool Kit & consumable Materials = $ 200.00 Food for 3 day project = $ 500.00 Total = $5425.00 3. Explain how the grant funding will specifically benefit Temecula residents. Application. Page 4 of 7 The Mission of PPF is to provide individually tailored programs, allowing our heroes to recover, reintegrate and remain engaged in serving America, In an effort to meet this mission, the National STEM Guitar Project partnership with PPF will empower wounded and injured veterans to pursue their passion of incorporating music into their lives which aides in PTSD recovery as well. The project will give the Veterans a Sense of Accomplishments, they will learn woodworking and electronic skills, help them to manage PTSD and they will spend time with other Veterans that face similar challenges, which creates an environment of "opening up" and discussing PTSD issues as well as issues brought on by injuries brought on by combat. Targeted population (beneficiaries) of Project/Program: 5 Estimated number of people expected to benefit from this Project/Program: The Temecula Valley Community Estimated number of volunteers involved in this Project/Program: 15 4. In 30 words or less, summarize how the grant funds, if awarded, will be used. IMPORTANT: This summary will be used in a spreadsheet intended to summarize all Community Service Funding Grant Applications submitted to the City. The success of the STEM Guitar Building Project held March 3 — b, 2017 was very evident with the comment made by two of the participants "I did not have time to think about my PTS". Two women and three men, all Post 9-11 combat injured veterans completed the Four day project in just 3 days. The trainers were surprised at the efficiency of our veterans but also to their commitment. This was the first project with STEM that was for Combat Veterans. PROJECT/PROGRAM — BUDGET PROJECT/PROGRAM BUDGET Line Items for Project/Program Revenues Expenses VARIOUS TYPES OF REVENUES/INCOME FOR THE PROJECT/PROGRAM: Amount of money requested from the City of Temecula Community Support Grant (Not to exceed $5,000) $5000.00 Cash contributed to Project/Program by the Applicant Organization $ Other grants or funding already awarded for Project/Program, if any $ In -Kind match amount or volunteer credit hours estimated amount $ VARIOUS TYPES OF EXPENSES FOR THE SPECIFIC PROJECT/PROGRAM: Application: Page 5 of 7 Staffing expense for Project/Program (this amount is ineligible to be funded by City's Grant; however please include) Equipment expense for Project/Program Food expense for Project/Program Marketing expense for Project/Program Supplies expense for Project/Program Facilities/Rent expense for Project/Program Other expense for Project/Program TOTAL BUDGET FOR PROJECT/PROGRAM Application: Page 6 of 7 SIGNATURE PAGE The applicant acknowledges and agrees to the following: • Recipient Is subject to all Community Service Funding Program requirements including submittal deadlines and payment disbursements. • Every Community Service Funding application is considered individually and on its own merit. • Awards will be given to organizations and activities that directly benefit the residents of Temecula. • Funding is not immediately available to the recipient; and requires an award letter signature upon approval. Please allow time for checks to be processed. • The awarding of Community Service Funding does not constitute an automatic annual allocation. • The recognition for Community Service Funding should accrue to the City ofTemecula. • Community Service Funding must be spent as specified on the Application and records may be requested by the City of Temecula to ensure the funds were used appropriately. • Community Service Funding grants will not be awarded or announced within the 60 days before an election in which an awarding Council Member is on the ballot, • The recipient shall provide a full accounting with documentation on the use of awarded funds. The recipient shall return to the City any funds riot spent or documented per the signed agreement. We hereby certify the information contained in this Application is true to the best of our knowledge and belief. PREPARED BY: Operations and Office` Manager Antonio Y. villegas NAME and 1y4.plpiease Print SIGNATURE:� v„ -�- rf� r PRESIDENT or AUTHORIZED OFFICER: 3 .11 9 U L S 0 SIGNATURE: yPe) CEJ NAME and TITLE (Please Print or Type) ORGANIZATION NAME: Phoenix Patriot Foundation TELEPHONE: _EMAIL ADDRESS: tong@ghoernixpatriotfoundation.orq DATE: ?7/9/Z-" 2 (Month, Day, Year) SUBMIT ORIGINAL APPLICATION BY FRIDAY SEPTEMBER 15, 2017 TO: Mail to: City of Temecula Community Service Funding Attn: City Manager's Office 41 000 Main Street Temecula, CA 92590 If you have any questions please contact Betsy Lowrey at (951) 693-3959 or Sue Steffen at (951) 506-5100. Application: Page 9 of 7 FY 2017/2018 COMMUNITY SERVICE FUNDING GRANT APPLICATION # 16 PROJECT TOUCH CITY OF TEMECULA FISCAL YEAR 2017-2018 COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2017-18 Program Submission Deadline: Friday, September 15, 2017 PROJECT/PROGRAM INFORMATION Amount Requested: $ Project/Program Title: ProjectlProgram Start Date NoVe t' (adt7 Project/Program EndflDate: Zt v�tq, 1-C)If Grant is Awarded, Make Check Payable to: ( Fat it LAY. d r jeCG� Ct T .L L& Mailing Address . -'-‘!-.)14 Pv # c pc V)-- ID 3 '{ pA'11 J (Maximum allowable $5,000 per Organization) ORGANIZATION INFORMATION and GEOGRAPHIC AREA SERVED Name of Applicant Organization: pro,. PCS+tt Q.u, E. H Website; L)L.uu . prO1eth*c1 tc_\Qrr%tr1P_)• c_°k-v Contact Name:_ a., r-v+-t'ro.a-V1 ` Title/Position: Contact Per _ _ rC`jee-+ f�Lte. vie}. 00yYr _ Telephone: Year Organization Founded: :Do Number of Paid Staff: Number of Volunte rs: ac)C) Geographic area(s) the organization serves: 50u4) tC-rAi Geographic area the Project/Program will serve (NOTE: Comp }unity.Service Funding Grant must exclusively be used to serve Temecula) nr t `a_.e.4l ErIV5 Include a physical address of Project/Program (if different tpan Organization's Mailing Address): L'.Irci Lf. 1 Y V■ r c Is this organization incorporated as a nonprofit organization? Yes No (lf No, then it is ineligible to receive City Funding) Provide a copy of your statement of nonprofit status from the State of California, and the first page (only) of the most recent IRS Form 990. IRS Form 990 is a public record. Form 990s for all charities registered in California are posted on the Attorney General's web site www.aq.ca.00v. The website also offers a searchable database of California charities. Form 990s for 501(c )(3) charities may be found at GuideStar www.quidestar.orq. Date of Incorporation as a Non+rofit; _Q q — - CC' Federal Identification Number: State Identification Number: Submit and Attach Status Verification from internal Revenue Services and Franchise Tax Board: 1. http:Jlapps.irs.gavlappleosl (print out and attach Deductibility Status) 2. https:llwww.ftb.ca.gov/online/self serve entity status letterlindex.asp (print Mg—WA/tad-1 Entity Status Letter) Application: Page 1 of 7 i 011R'S CITYSEP 'MANAGEOFFICE4 Has the organization or any members of the Board of Directors of the organization been involved with any personal business transactions valued over $500 including any business transactions, negotiations, investments, or interests in rea) property with a Temecula City Council Member during the past 12 months? Yes No V If Yes, briefly describe: Is a Temecula City Council Memmaer a member of the Board of Directors or an Officer of the organization? Yes No organization: This Application has been authorized by the organization's: Executive Committee _ Board of Directors If Yes, provide Council Member's Name and title within the Members -at -Large FINANCIAL STATEMENTS Upon request, copies of the current budget of the organization f financial statements (balance statement and income statement), and if available CPA's audit, may be needed to demonstrate sound financial management. Do not submit now. CITY OF TEMECULA FUNDING — OTHER SOURCES Within the past two years, has your organization received (or is your organization concurrently requesting) any other sources of funding frorn the City of Temecula? Yes No If Yes, provide information in table below: Type of Funding from City Program, Project or Service(s) Supported by the Grant or Sponsorship ear Received Received Amount 1 omrnUriitq &- aryt" i c ec aock kAome e -,ss Rrei-en ioncc Prc&5 fa vin ad 15 MISSION STATEMENT OF ORGANIZATION Briefly describe the goals and objectives, or mission, of your organization. 'C` I t i'1 tat 'j ldna. Ind [ 1,ed r je �"-3i�o4 t e.5 n r ,; rickt o r L� U r►'�4,r r� t�` t e±riedr ti t- ,,d 1 ar d hu.si)(less jor5ctri7e.ons r 1;e ov' ViE)rr� L� nP S 4 - 0�.�3\; 5 r1 c� Y ,� e. -F- ez.:I ! V ed tyveA .5 (Sl Into to r - Lie S eNt e. k t or‘ • Application: Page 2 of 7 GRANT FUNDING PROJECT/PROGRAM DESCRIPTION NOTE: Receipts/invoices will be required to be submitted to the City to demonstrate that your organization used grant funding awarded by the City to support the project/program as described here, See Compliance Reporting Requirements on Application Page 9 for details. Provide a brief description of the Proje t/Program (and its objectives) that th grant funding will be used to support City of Temecula t �C•L t1 J �C-# lei A L i j' C j <u7AL J AJZt.a ± i'L OA .,41 L. Aar w -L `� R -t ts,-- 3 k% )• Describe ho ' your organization will use the funding awarded? Include e. uip ent or services that would be purchased and why. Explain how the grant funding wil pecifically benefit Teme• Ia residents LPa-! Rol Targeted population (beneficiaries) of Project/frog am: ee Estimated number of people expected to benefit from this Project/Program: ,.-dp — 7, Estimated number of volunteers involved in this Project/Program: /5 {{ Application: Page 3 of 7 6 r ,Acme.5 L, U I D lenC& 4. In 30 words or less, summarize how the grant funds, if awarded, will be used. IMPORTANT: This summary will be used in a spreadsheet intended to summarize all Community Service Funding Grant Applications submitted to the City. I ..l. ..'_� .l ? 4 d4 ...a _ Ai ..d /. 4 _s A, , . ,41:41.i.'_ r 1 .41., . ✓' .�` s 4 1 '� , 4,,d _ ,.f ..4./4 !a. ...t / ' r `.t „di. -"id .. ISI .1 a _ off ' F !J! :�� ,� .■ Bali / .�: ■ .' _ • PROJECT/PROGRAM -- BUDGET _ PROJECT/PROGRAM BUDGET f Line Items for Project/Program Revenues Expenses VARIOUS TYPES OF REVENUES/INCOME FOR THE PROTECT/PROGRAM: Amount of money requested from the City of Temecula Community Support Grant (Not to exceed $5,000) $ f Cash contributed to Project/Program by the Applicant Organization $ ej-560. 00 r Other grants or funding already awarded for Project/Program, if any $ In -Kind match amount or volunteer credit hours estimated amount $ 0,1 VARIOUS TYPES OF EXPENSES FOR THE SPECIFIC PROTECT/PROGRAM: Staffing expense for Project/Program (this amount is ineligible to be funded by City's Grant; however please include) $ ofb ,"� Equipment expense for Project/Program $ Food expense for Project/Program $ Marketing expense for Project/Program $ Q' Supplies expense for Project/Program Facilities/Rent expense for Project/Program I o_e_l alS $ 1300 • Other expense for Project/Program 11,91( 0.41e.,> aiIN-FG,Eef a rs .. has a.o rccS $qo 000 TOTAL BUDGET FOR PROJECT/PROGRAM $ ' 5 -CO , _ - $ -2 goo ,' T Application: Page 4 of 7 SIGNATURE PAGE The applicant acknowledges and agrees to the following: • Recipient is subject to all Community Service Funding Program requirements including submittal deadlines and payment disbursements. • Every Community Service Funding application is considered individually and on its own merit. • Awards will be given to organizations and activities that directly benefit the residents of Temecula. • Funding is not immediately available to the recipient; and requires an award letter signature upon approval. Please allow time for checks to be processed. • The awarding of Community Service Funding does not constitute an automatic annual allocation. • The recognition for Community Service Funding should accrue to the City of Temecula. • Community Service Funding must be spent as specified on the Application and records may be requested by the City of Temecula to ensure the funds were used appropriately. • Community Service Funding grants will not be awarded or announced within the 60 days before an election in which an awarding Council Member is on the ballot. • The recipient shall provide a full accounting with documentation on the use of awarded funds. The recipient shall return to the City any funds not spent or documented per the signed agreement. We hereby certify the information contained in this Application is true to the best of our knowledge and belief. PREPAREDj1 BY: 1. . 1 1A-5} T'�`j l Yl t 5`T`',~CSL L {NAME ancITITLE (Please Print or Type) SIGNATURE:AUTHORIZED OFFICER: l V vv PRESIDENT or VV\ 0.,a, C'� e -52k U� 1 Cl NAME and TITLE (Please Print or Type) SIGNATURE: ORGANIZATION NAME: G13 Far% 0110 &Ck D%U . I O' TELEPHONE EMAIL ADDRESS: f1it-I AUC OI1\111e' •I DATE: 9-l14--17 (Month, Day, Year) SUBMIT ORIGINAL APPLICATION BY FRIDAY SEPTEMBER 15, 2017 TO: Mail to: City of Temecula Community Service Funding Attn: City Manager's Office 41000 Main Street Temecula, CA 92590 If you have any questions please contact Betsy Lowrey at (951) 693-3959 or Sue Steffen at (951) 506-5100. Application: Page 7 of 7 FY 2017/2018 COMMUNITY SERVICE FUNDING GRANT APPLICATION # 17 RANCHO DAMACITAS THESSOLIKA FAMILY CITY OF TEMECULA FISCAL YEAR 2017-2018 COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2017-18 Program Submission Deadline: Friday, September 15, 2017 PROJECT/PROGRAM INFORMATION Amount Requested: $ 5000 (Maximum allowable $5,000 per Organization) ProjectlProgram Title: Campus Short-term Integration Home safety measures for new incoming foster youth Project/Program Start Date: September 1 -2017 Project/Program End Date: December 2017 If Grant is Awarded, Make Check Payable to: Rancho Damacitas Mailing Address P.O, Box 890326, Temecula, CA 92589 ORGANIZATION INFORMATION and GEOGRAPHIC AREA SERVED Name of Applicant Organization: VVebsite: www•4kidsfirst.org Contact Name: Cal Winslow Thessalonika Family Services dba Rancho Damacitas Title/Position: CEO Contact Person's Email Address Telephone: 951-302-2317 ext 220 Number of Paid Staff: 73 Number of Volunteers: 3 Geographic area(s) the organization serves: Geographic area the Project/Program will serve (NOTE: Community Service Funding Grant must exclusively be used to serve Temecula) Temecula Include a physical address of ProjectlProgram (if different than Organization's Mailing Address): 38950 Mesa Road, Temecula, Ca 92590 ca I@4kidsfirst.org Year Organization Founded: 1983 City of Temecula Is this organization incorporated as a nonprofit organization? Yes x No (If No, then it is ineligible to receive City Funding) Provide a copy of your statement of nonprofit status from the State of California, and the first page (only) of the most recent IRS Form 990. IRS Form 990 is a public record. Forrn 990s for all charities registered in California are posted on the Attorney General's web site www.aq.ca.ciov. The website also offers a searchable database of California charities. Form 990s for 501(c )(3) charities may be found at GuideStar www.quidestar.orq. Date of Incorporation as a Nonprofit: 1983 Federal Identification Number: State Identification Number: Submit and Attach Status Verification from Internal Revenue Services and Franchise Tax Board: 1. http://apps.irs.govlappleosl (print out and attach Deductibility Status) 2. https:Ilwww.ftb.ca.ciov/onlinelself serve entity status letter/index.aso (print out and attach Entity Status Letter) RECEIVED Application: Page 1 of 7 SEP 1 3 2017 CITY MANAGER'S OFFICE Has the organization or any members of the Board of Directors of the organization been involved with any personal business transactions valued over $500 including any business transactions, negotiations, investments, or interests in real property with a Temecula City Council Member during the past 12 months? Yes No x If Yes, briefly describe: Is a Temecula City Council Member a member of the Board of Directors or an Officer of the organization? Yes No x If Yes, provide Council Member's Name and title within the organization: This Application has been authorized by the organization's: Executive Committee Board of Directors Members -at -Large x FINANCIAL STATEMENTS Upon request, copies of the current budget of the organization / financial statements (balance statement and income statement), and if available CPA's audit, may be needed to demonstrate sound financial management. Do not submit now. CITY OF TEMECULA FUNDING --- OTHER SOURCES Within the past two years, has your organization received (or is your organization concurrently requesting) any other sources of funding from the City of Temecula? Yes x NoIf Yes, provide information in table below: Type of Funding from City Program, Project or Service(s) Supported by the Grant or Sponsorship Month!Year Received Amount CSF Transitional housing for emancipated foster youth Jan 2017 CSF Campus- Work Development and Teen Leadership Dec 2017 MISSION STATEMENT OF ORGANIZATION Briefly describe the goals and objectives, or mission, of your organization. to end the cycle of child abuse by providing comprehensive care and compassion for abused and neglected children and young adults through life -enriching opportunities and stength-based, solution -focused programs and services. Application: Page 2 of 7 From: Cal Winslow [mailto:cal@4kidsfirst.org] Sent: Monday, September 18, 2017 12:10 PM To: Stacey Brown <stacey.brown@temeculaca.gov> Subject: RE: RANCHO DAMACITAS - FY17/18 CSF Application This is correct. Thank you so muchl Cal Winslow From: Stacey Brown [inaiIto :slacey.bro+ tn@temectilaca.go -] Sent: Thursday, September 14, 2017 2:31 PM To: Cal Winslow Subject: RANCHO DAMACITAS - FY17/18 CSF Application Importance: High Hi, I am Stacey Brown assisting Betsy Lowrey with the applications for the Community Service Funding Grant Program this year. We received your application on September 13, 2017. There appears to be some missing information that we need for our file. You can simply reply to this email with the information: • Application Page 2 of 7, Section: City of Temecula Funding — Other Sources While the CSF grants were listed, the FY and amount was inadvertently left off. Also, our records also show additional sources of City grants over the last two years were awarded but were not stated on your application, including (as identified in the table below): Type of Funding from City Program, Project or Service(s) Supported by the Grant or Sponsorship Month/Year Received Amount CSF FY16-17 Transitional Housing for Emancipated Foster Youth Jan 2017 1,768.84 i CSF FY15-16 Campus - Work Development and Teen Leadership Dec 2017 1,000 City Council Individual Discretionary FY16-17 Girl's Home of Project Independence (MR) Jan 2017 1,000 City Council Individual Discretionary FY16-17 Girl's Home of Project Independence (ME) Jan 2017 1,000 Could you please confirm receipt of the above funding? Also, if you could also please review your files to be sure we did not inadvertently miss any other funding received from the City over the past two years (since 2015). Thank you. We look forward to receiving the complete application soon. Please feel free to contact me if you have any questions. Thank you. Stacey Brown Office Technician III City of Temecula GRANT FUNDING PROJECT/PROGRAM DESCRIPTION NOTE: Receipts/invoices will be required to be submitted to the City to demonstrate that your organization used grant funding awarded by the City to support the project/program as described here_ See Compliance Reporting Requirements on Application Page 9 for details, Provide a brief description of the Project/Program (and its objectives) that the City of Temecula grant funding will be used to support. The family like environment that the home parent model provides has been a a key to the success of Rancho Damacitas for many years, yet the reform required by the State of California (AB403) has diminished the group home and required transition to a short-term residential treatment program, with the DPSSICPS goal to have a foster youth at Rancho Damacitas for no more than180 days. Many newly placed children require a higher level of care, having experienced levels of trauma more complex than before. Rancho Damacitas has met this challenge by converting one of the residential family homes into a short-term intergration home where the foster youth can be assessed, receive individualized treatment and set goals to help the child adapt to being placed at a foster youth campus. Once the child has been stabilized, they are transitioned to one of the relational family homes on campus to further help the child prepare for living with a foster family home in the community. 2. Describe how your organization will use the funding awarded? Include equipment or services that would be purchased and why. In order to convert the residential family home into a short-term integration home, security and maintenance measures will be taken to protect the newly arrived child from self -harm and keep the home at compliant standards. Some of the quality control steps will be to create a safe place for medication and valuables Mirrors in the bathrooms will be replaced with Plexiglas mirrors and shatter proof light bulbs installed. Rooms will be painted and updated, and flooring and window screens replaced if necessary. In addition, motion sensor lighting outside will be installed, and landscape will be replaced with low -bearing shrubs. Rancho Damacitas takes seriously its obligation to keeping its homes secure, children safe, and making sure any area where a child could incurr self -harm be removed. 3. Explain how the grant funding will specifically benefit Temecula residents. In support of recent reform measures in the California legislative process, Rancho Damacitas is working to better prepare foster youth for transition to foster family homes. Grant funds will be used to update security measures on campus for the safety of the foster youth and from inflicting self -harm. The integration home will allow therapists to quickly work with newly arrived foster youth to get them used to living on a foster youth campus, in addition to supporting them for 90 days after placement into a foster family and will be available to assist families during this transition by phone or through counseling sessions. Targeted population (beneficiaries) of Project/Program: in FY 2016-17, 77 foster youth were served Estimated number of people expected to benefit from this Project/Program: 9° Estimated number of volunteers involved in this Project/Program: 0- no volunteers for safety and compliance stds. Application: Page 3 of 7 4. In 30 words or less, summarize how the grant funds, if awarded, will be used. IMPORTANT: This summary will be used in a spreadsheet intended to summarize all Community Service Funding Grant Applications submitted to the City. Rancho Damacitas continues to prepare foster youth for transition to foster homes and keep them from self -harm by: updating security measures like replacing mirrors with plexiglass, installing shatterproof lightbulbs and motion sensor lighting , low -bearing landscape, flooring and window screens. PROJECT/PROGRAM — BUDGET PROJECT/PROGRAM BUDGET Line Items for Project/Program VARIOUS TYPES OF REVENUES/INCOME FOR THE PROJECT/PROGRAM: Amount of money requested from the City of Temecula Community Support Grant $ (Not to exceed $5,000) Cash contributed to Project/Program by the Applicant Organization Other grants or funding already awarded for Project/Program, if any In -Kind match amount or volunteer credit hours estimated amount VARIOUS TYPES OF EXPENSES FOR THE SPECIFIC PROJECT/PROGRAM: Staffing expense for Project/Program (this amount is ineligible to be funded by City's Grant; however please include) Equipment expense for Project/Program Food expense for Project/Program Marketing expense for Project/Program Supplies expense for Project/Program Facilities/Rent expense for Project/Program Other expense for Project/Program Expenses TOTAL BUDGET FOR PROJECT/PROGRAM $ 30,000 $ 30,000 Application: Page 4 of 7 SIGNATURE PAGE The applicant acknowledges and agrees to the following: • Recipient is subject to all Community Service Funding Program requirements including submittal deadlines and payment disbursements. • Every Community Service Funding application is considered individually and on its own merit. • Awards will be given to organizations and activities that directly benefit the residents of Temecula. • Funding is not immediately available to the recipient; and requires an award letter signature upon approval. Please allow time for checks to be processed. • The awarding of Community Service Funding does not constitute an automatic annual allocation. • The recognition for Community Service Funding should accrue to the City of Temecula. • Community Service Funding must be spent as specified on the Application and records may be requested by the City of Temecula to ensure the funds were used appropriately. • Community Service Funding grants will not be awarded or announced within the 60 days before an election in which an awarding Council Member is on the ballot. • The recipient shall provide a full accounting with documentation on the use of awarded funds. The recipient shall return to the City any funds not spent or documented per the signed agreement. We hereby certify the information contained in this Application is true to the best of our knowledge and belief. PREPARED BY: Cheryl Peterson, QA & Grants, Rancho Damacitas NAME and TITLE (Please Print or Type) SIGNATURE: PRESIDENT or AUTHORIZED OFFICER: Cal Winslow, CEO, Rancho Damacitas ---------, 1 SIGNATURE: _r2 ME and TITLE (Please Print or Type) ORGANIZATION NAME: Thessalonika Family Services dba Rancho Damacitas TELEPHONE: DATE: EMAIL ADDRESS: cal@4kidsfirst.org (Month, Day, Year) SUBMIT ORIGINAL APPLICATION BY FRIDAY SEPTEMBER 15, 2017 TO: Mail to: City of Temecula Community Service Funding Attn: City Manager's Office 41000 Main Street Temecula, CA 92590 If you have any questions please contact Betsy Lowrey at (951) 693-3959 or Sue Steffen at (951) 506-5100. Application: Page 7 of 7 FY 2017/2018 COMMUNITY SERVICE FUNDING GRANT APPLICATION # 18 REINS THERAPEUTIC HORSEMANSHIP PROGRAM CITY OF TEMECULA FISCAL YEAR 2017-2018 COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) Program Submission Deadline: Friday, September 15, 2017 r PROJECT/PROGRAM INFORMATION Amount Requested: $ $ecce (Maximum allowable $5,000 per Organization) Project/Program Title: Temecula Student Scholarship Program ProjectlProgram Start Date: 1 )1 f 18 Project/Program End Date: 12/31/18 If Grant is Awarded, Make Check Payable to: REINS Therapeutic Horsemanship Program Mailing Address PO Box 1283, Bonsall CA 92003 ORGANIZATION INFORMATION and GEOGRAPHIC AREA SERVED Name of Applicant Organization: Website: www.reinsprogram.org REINS Therapeutic Horsemanship Program Contact Name: Kimberly Shinner Title/POsition: Marketing and Business Development Manager Contact Person's Email Address kim[oreinsprogram.org Telephone Year Organization Founded: 1984 Number of Paid Staff: 25 Number of Volunteers: 800 Geographic area(s) the organization serves: Temecula, Fallbrook, Murrieta, Vista, Bonsall, Oceanside, Wildomar, San Marcos Geographic area the Project/Program will serve (NOTE: Community Service Funding Grant must exclusively be used to serve Temecula) Temecula Include a physical address of Project/Program (if different than Organization's Mailing Address): 4461 S. Mission Rd., Fallbrook, CA 92028 Is this organization incorporated as a nonprofit organization? Yes X No (If No, then it is ineligible to receive City Funding) Provide a copy of your statement of nonprofit status from the State of California, and the first page (only) of the most recent IRS Form 990. IRS Form 990 is a public record. Form 990s for all charities registered in California are posted on the Attorney General's web site www.ag.ca,gov. The website also offers a searchable database of California charities. Form 990s for 501(c )(3) charities may be found at GuideStar www.quidestar.orq. Date of Incorporation as a Nonprofit: March, 23, 1984 Federal Identification Number: State Identification Number: Submit and Attach Status Verification from Internal Revenue Services and Franchise Tax Board: 1. http:llaops.irs.govlappleosl (print out and attach Deductibility Status) 2. https:llwww.ftb.ca.govlonlinelself serve entity status Ietterlindex.asp (print out and attach Entity Status Letter) Application: Page 1 of 7 Has the organization or any members of the Board of Directors of the organization been involved with any personal business transactions valued over $500 including any business transactions, negotiations, investments, or interests in real property with a Temecula City Council Member during the past 12 months? Yes No X if Yes, briefly describe: Is a Temecula City Council Member a member of the Board of Directors or an Officer of the organization? Yes No x If Yes, provide Council Member's Name and title within the organization: This Application has been authorized by the organization's: Executive Committee X Board of Directors - X Members -at -Large X FINANCIAL STATEMENTS Upon request, copies of the current budget of the organization 1 financial statements (balance statement and income statement), and if available CPA's audit, may be needed to demonstrate sound financial management. Do not submit now, CITY OF TEMECULA FUNDING — OTHER SOURCES Within the past two years, has your organization received (or is your organization concurrently requesting) any other sources of funding from the City of Temecula? Yes No X If Yes, provide information in table below: Typo of Funding from City Program, Project or Sorvice(s) Supported by the Grant or Sponsorship Month/Year Received Amount MISSION STATEMENT OF ORGANIZATION Briefly describe the goals and objectives, or mission, of your organization. REINS (Riding Emphasizing Individual Needs and Strengths) mission is to support the physical, mental and emotional health of disabled children and adults with therapeutic horse -related programs. We provide life changing therapy to over 200 disabled children and adults weekly from all over Southern California. Annually, we provide over 8,400 lessons to students ranging in age from 2 to 90. Application: Page 2 of 7 GRANT FUNDING PROJECT/PROGRAM DESCRIPTION NOTE- Receipts/invoices witl be required lo be submitted to the City to demonstrate that your organization used grant funding awarded by the City to support the project/program as described here_ See Compliance Reporting Requirements on Application Page 9 for details. 1. Provide a brief description of the Project/Program (and its objectives) that the City of Temecula grant funding will be used to support. The Temecula Student Scholarship Program will provide funding for our low-income Temecula students and assist in the operational expenses for our Temecula students. REINS is the most affordable therapeutic horsemanship service provider in San Diego County and Riverside County. This Program will enable 10 disabled students from Temecula to ride in our program. Therapeutic Horsemanship Is a unique and intense form of therapy that quickly increases the strength and coordination of our students. REINS is currently ranked in the top 3% of PATH (Professional Association of Therapeutic Horsemanship) International Program in the United States. Therapeutic Horsemanship benefits a wide spectrum of people with disabilities including: ADHD, Autism, Cerebral Palsy, Brain Injuries, Down Syndrome, Hearing Impaired, Multiple Sclerosis, Paralysis, Parkinsons, PTSD, Schizophrenia, Spina Bifida, Spinal Cord Injuries and Stroke. Autism is the most prevalent disability that we serve. 2. Describe how your organization will use the funding awarded? Include equipment or services that would be purchased and why. Funding will be applied to lesson fees for low-income students. Funding will also cover the operational expenses above and beyond lesson fees. At REINS we pride ourselves on only charging our students only 1/3 of the cost for therapeutic services. We have three riding sessions annually and each session cost is $375 for students. The actual cost for the session is $1125. We supplement this discrepancy through donors, fundraisers and grants. Funds will be used for 10 disabled students from the Temecula area 3. Explain how the grant funding will specifically benefit Temecula residents. This grant wilt benefit 10 disabled students and their families. Funds will only be applied to Temecula residents. The costs associated with being a disabled child or adult are quite large. We like to offer our services to the community at a low cost so they can receive the therapeutic benefits our horse -related programs. Targeted population (beneficiaries) of Project/Program: Disabled persons in Temecula Estimated number of people expected to benefit from this Project/Program: 5° Estimated number of volunteers involved in this Project/Program. 100 Application: Page 3 of 7 4. In 30 words or less, summarize how the grant funds, if awarded, IMPORTANT: This summary will be used in a spreadsheet intended to Community Service Funding Grant Applications submitted to the City. Grant funds will be used for low-income disabled children and adults in the Temecula area mental and emotional support through therapeutic horse -related programs. will be used. summarize all to receive physical, PROJECT/PROGRAM — BUDGET PROJECT/PROGRAM BUDGET Line Items for Project/Program VARIOUS TYPES OF REVENUES/INCOME FOR THE PROJECT/PROGRAM: Amount of money requested from the City of Temecula Community Support Grant (Not to exceed $5,000) Cash contributed to Project/Program by the Applicant Organization Revenues $ $5,000 Other grants or funding already awarded for Project/Program, if any In -Kind match amount or volunteer credit hours estimated amount VARIOUS TYPES OF EXPENSES FOR THE SPECIFIC PROJECT/PROGRAM: Staffing expense for Project/Program (this amount is ineligible to be funded by City's Grant; however please include) Equipment expense for Project/Program Food expense for Project/Program Marketing expense for Project/Program Supplies expense for Project/Program Facilities/Rent expense for Project/Program Other expense for Project/Program TOTAL BUDGET FOR PROJECT/PROGRAM Expenses $ 33,750 Application: Page 4 of 7 SIGNATURE PAGE The applicant acknowledges and agrees to the following: • Recipient is subject to all Community Service Fundi ig Program requirements including submittal deadlines and payment disbursements. • Every Community Service Funding application is considered individually and on its own merit. • Awards will be given to organizations and activities that directly benefit the residents of Temecula. • Funding is not immediately available to the recipient; and requires an award letter signature upon approval. Please allow time for checks to be processed. • The awarding of Community Service Funding does not constitute an automatic annual allocation. • The recognition for Community Service Funding should accrue to the City of Temecula. • Community Service Funding must be spent as specified on the Application and records may be requested by the City of Temecula to ensure the funds were used appropriately. • Community Service Funding grants will not be awarded or announced within the 60 days before an election in which an awarding Council Member is on the ballot, • The recipient shall provide a full accounting with documentation on the use of awarded funds. The recipient shall return to the City any funds not spent or documented per the signed agreement. We hereby certify the information contained in this Application is true to the best of our knowledge and belief. PREPARED BY: Kimberly Shinner, Marketing and Business Development Manager • NAME and TITLE (Please Print or Type) SIGNATURE: * .. PRESIDENT or AUTHORIZED OFFICER: SIGNATURE: Debbie Shinner, Executive Director NAME and TITLE (Please Print or Type) ORGANIZATION NAME: REINS Therapeutic Horsemanship Program TELEPHONE: EMAIL ADDRESS: kirn©reinsprogram,org DATE: September, 15. 2017 (Month, Day, Year) SUBMIT ORIGINAL APPLICATION BY FRIDAY SEPTEMBER 15, 2017 TO: Mail to: City of Temecula Community Service Funding Attn: City Manager's Office 41000 Main Street Temecula, CA 92590 If you have any questions please contact Betsy Lowrey at (951) 693-3959 or Sue Steffen at (951) 506-5100. Application; Page 7 of 7 FY 2017/2018 COMMUNITY SERVICE FUNDING GRANT APPLICATION # 19 ROSE AGAIN FOUNDATION CITY OF TEMEC"ULA. FISCAL YEAR 2017.2018 COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2017-18 Program Submission Deadline: Friday, September 15, 2017 PROJECT/PROGRAM INFORMATION Amount Requested: $ 5,000. (Maximum allowable $5,000 per Organization) Project/Program Title: Emergency Placement / Kids Soar program Project/Program Start Date: January 1. 2018 ProjectlProgram End Date: December 31, 2018 If Grant is Awarded, Make Check Payable to: Rose Again Foundation Mailing Address 33353 Temecula Pkwy, Ste 104 #224, Temecula CA. 92592 ORGANIZATION INFORMATION and GEOGRAPHIC AREA SERVED Name of Applicant Organization: Rose Again Foundation Website: RoseAgainFoundation.org Contact Name: Rhonda Reinke Title/Position: C.E.O. Contact Per n's Email Address RoseAgainFoundation@gmaii.com Telephone: Year Organization Founded: 2013 Number of Paid Staff: None - ail volunteer Number of Volunteers: 60 + Geographic area(s) the organization serves: Temecula and Murrieta Geographic area the Project/Program will serve (NOTE: Community Service Funding Grant must exclusively be used to serve Temecula) Temecula and Murrieta (This grant for Temecula foster kids only) Include a physical address of Project/Program (if different than Organization's Mailing Address): Is this organization incorporated as a nonprofit organization? Yes X No (If No, then it is ineligible to receive City Funding) Provide a copy of your statement of nonprofit status from the State of California, and the first pace (only) of the most recent IRS Form 990. IRS Form 990 is a public record. Form 990s for all charities registered in California are posted on the Attorney General's web site www.ad.ca.Qov. The website also offers a searchable database of California charities. Form 990s for 501(c )(3) charities may be found at GuideStar www.quidestar.orq. Date of Incorporation as a Nonprofit: June 03, 2014 Federal Identification Number: State identification Number: Submit and Attach Status Verification from Internal Revenue Services and Franchise Tax Board: t _ http://apps.irs.00vtappieosl (print out and attach Deductibility Status) 2. https://www.ftb.ca.00v/onlineiself serve entity status letter/index.asp (print out and attach Entity Status Letter) RECEIVED Application: Page 1 of 7 SEP 1 5 2D17 CITY MANAGER'S OFFICE Has the organization or any members of the Board of Directors of the organization been involved with any personal business transactions valued over $500 including any business transactions, negotiations, investments, or interests in real property with a Temecula City Council Member during the past 12 months? Yes No X if Yes, briefly describe: Is a Temecula City Council Member a member of the Board of Directors or an Officer of the organization? Yes No X If Yes, provide Council Member's Name and title within the organization. This Application has been authorized by the organization's: Executive Committee Board of Directors X Members -at -Large FINANCIAL STATEMENTS Upon request, copies of the current budget of the organization / financial statements (balance statement and income statement), and if available CPA's audit, may be needed to demonstrate sound financial management. Do not submit now. CITY OF TEMECULA FUNDING — OTHER SOURCES Within the past two years, has your organization received (or is your organization concurrently requesting) any other sources of funding from the City of Temecula? Yes X No_ if Yes, provide information in table below: Type of Funding from City Program, Project or Service(s) Supported by the Grant or Sponsorship Month/Year Received Amount Please see attachment "A" MISSION STATEMENT OF ORGANIZATION Briefly describe the goals and objectives, or mission, of your organization. Rose Again Foundation provides services that help foster children acclimate to their new surroundings, catch up to their grade level at school, make new friends, improve self worth and begin to heal from trauma and the loss and separation of family, Application: Page 2 of 7 GRANT FUNDING PROJECTIPROGRANI DESCRIPTION NOTE' Receipts/invoices will he required to be submitted to the City to demonstrate that your organization used grant funding awarded by the City to support the project/program as described here. See Compliance Reporting Requirements on Application Page 9 for details. 1. Provide a brief description of the Project/Program (and its objectives) that the City of Temecula grant funding will be used to support. Our Emergency Placement program provides clothing, shoes, handmade blanket. books, toys and basic necessities in most cases within 24 hours of notification of the child's placement._ The foster parent can request special need items for a child. The goal is to yet the child(ren) back into a normal routine, such as back to school, asap. When needed tutoring is offered to help get a child caught up to their grade level at school. Through our Kids Soar program we then provide financial assistance for the child(ren) to take .art in the extra curricular activity of their choice. Participating in activities helps the child make new friends, learn and achieve and just be a kid again. Participation in an activity improves the mental and physical well being of the child. Foster parents and group home guardians report how being involved in activities has improved relationships with their foster children and how it helps in the healing process of trauma and separation and loss of family. 2. Describe how your organization will use the funding awarded? include equipment or services that would be purchased and why. To respond as quickly as possible for an emergency placement child(ren), it is important to be prepared in advance as best as possible. Once we know specifics of the child's age, gender, sizes and needs we can then complete our gift bag and deliver. In most cases this is the same day we receive a call. If special needs are requested and approved we provide those items ASAP. We continue to provide the child with services for months and in many cases years, most often through our Kids Soar activities. Funds from this grant would be used to purchase items needed for Emergency Placement gifting, special needs, tutoring and Kids Soar activities. 3. Explain how the grant funding will specifically benefit Temecula residents. As an all volunteer non-profit all funds from this grant will go directly into our programs and services for Temecula foster children in need. Local small businesses and even the City itself, who provide activities such as aquatics, sports and fitness, visual and performing arts, Scouts, Boys and Girls Clubs, enrichment programs and camps benefit when Rose Again pays for all or part of the cost of registration and the activity the child(ren) take part in. A win 1 win! Targeted population (beneficiaries) of Project/Program: Foster children residing in Temecula Estimated number of people expected to benefit from this Praject/Pragram:80 to 100 Estimated number of volunteers involved in this ProjectlProgram: 12 + Application: Page 3 of 7 4. In 30 words or less, summarize how the grant funds, if awarded, will be used. IMPORTANT: This summary will be used in a spreadsheet intended to summarize all Community Service Funding Grant Applications submitted to the City. Grant funds will provide critical support to local foster children in need. Helping them to acclimate and thrive in their new home, school and community, PROJECT/PROGRAM — BUDGET PROJECT/PROGRAM BUDGET Line Items for Project/Program VARIOUS TYPES OF REVENUES/INCOME FOR THE PROJECT/PROGRAM: Amount of money requested from the City of Temecula Community Support Grant (Not to exceed $5,000) Revenues Cash contributed to Project/Program by the Applicant Organization Other grants or funding already awarded for Project/Program, if any In -Kind match amount or volunteer credit hours estimated amount VARIOUS TYPES OF EXPENSES FOR THE SPECIFIC PROJECT/PROGRAM: Staffing expense for Project/Program (this amount is ineligible to be funded by City's Grant; however please include) Expenses 0.00 Equipment expense for Project/Program Food expense for Project/Program 0.00 $ 0.00 Marketing expense for Project/Program $ 60.00 Supplies expense for Project/Program $ 700.00 Facilities/Rent expense for Project/Program $ 1,560.00 Other expense for Project/Program $ 22,680.00 TOTAL BUDGET FOR PROJECT/PROGRAM $ 25,000.00 $ 25,000.00 Application: Page 4 of 7 SIGNATURE PAGE The applicant acknowledges and agrees to the following: • Recipient is subject to all Community Service Funding Program requirements including submittal deadlines and payment disbursements_ • Every Community Service Funding application is considered individually and on its own merit. • Awards will be given to organizations and activities that directly benefit the residents of Temecula. • Funding is not immediately available to the recipient; and requires an award letter signature upon approval. Please allow time for checks to be processed. • The awarding of Community Service Funding does not constitute an automatic annual allocation. • The recognition for Community Service Funding should accrue to the City of Temecula. • Community Service Funding must be spent as specified on the Application and records may be requested by the City of Temecula to ensure the funds were used appropriately. • Community Service Funding grants will not be awarded or announced within the 60 days before an election in which an awarding Council Member is on the ballot. • The recipient shall provide a full accounting with documentation on the use of awarded funds. The recipient shall return to the City any funds not spent or documented per the signed agreement. We hereby certify the infor£nation contained in this Application is true to the best of our knowledge and belief. PREPARED BY: =Al77C/a_ SIGNATURE: AUTHORIZED OFF et trite, \ -Ounc r )VcePredev+— N and T E (Please Print or Type) PRESIDENT or SIGNATURE: NAME and TITLE (Please Print or Type) ORGANIZATION NAME: TELEPHONE: DATE : SCJ wze 7/e/v EMAIL ADDRESS: ' . Qbil cfiYlGk4; �� 14 t� . i1I€ 4 cm/7 (Month, Day, Year) SUBMIT ORIGINAL APPLICATION BY FRIDAY SEPTEMBER 15, 2017 TO: Mali to: City of Temecula Community Service Funding Attn: City Manager's Office 41000 Main Street Temecula, CA 92590 If you have any questions please contact Betsy Lowrey at (951) 693-3959 or Sue Steffen at (951) 506-5100. Application: Page 7 of 7 Attachment "A" Community Service Funding Grant City of Temecula, September 14, 2017 Grants funded to date: Type of Funding Year 2017 City CSF Grant CDBG Council CSF - JC Council CSF - JS Council CSF - ME Year 2016 Council CSF - JC Council CSF - ME Council CSF - MN Council CSF - MR Council CSF - MM City CSF Council CSF - JC Council CSF - ME Council CSF - MM Council CSF - MN Council CSF - MR Year 2015 City CSF Program, Project or Service Supported by the grant Kids Soar Kids Soar Financial Aid Program Kids Soar Program Foster Holiday Program MoNYear Amount Received Kids of Summer Kids of Summer Kids of Summer Kids of Summer / New Shoes Kids of Summer / Thrive Box BTC Foster Holiday Gifting Kids of Summer / Kids Soar Kids of Summer / Kids Soar Kids of Summer / Kids Soar Kids of Summer / Kids Soar Kids of Summer / Kids Soar 1/12/2017 in process 8/20/2017 8/20/2017 in process 3/17/16 3/17/16 3/17/16 3131/16 3/31/16 9/01/16 9/01/16 9/01/16 9/01/16 9/01/16 9/01/16 $1,768. $3,000. $1,000. $1,000. $1,250. $1,250. $1,000. $ 500. $1,000. $1,000. $1,000. $1,000. $1,500. $1,000. $1,000. $1,000_ Kids of Summer / Kids Soar 12/17/15 $2,000. FY 2017/2018 COMMUNITY SERVICE FUNDING GRANT APPLICATION # 20 THE ROTARY CLUB OF TEMECULA ORGANIZATION INFORMATION and GEOGRAPHIC AREA SERVED PROJECT/PROGRAM INFORMATION J CITY OF TEMECULA FISCAL YEAR 2017-2018 COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) rogram u • mission ' ea ' me: Friday, September 15, 2017 Amount Requested: $ $5000 (Maximum allowable $5,000 per Organization) Project/Program Title: Food baskets for families, wounded veterans, military families and seniors ProjectlProgram Start Date: Sept 2017 Project/Program End Date: August 2018 If Grant is Awarded, Make Check Payable to: Rotary Club of Temecula Foundation Mailing Address P.O. Box 64, Temecula, CA 9253 Name of Applicant Organization: Rotary Club of Temecula Foundation Website: www.temecularotary.net Contact Name: Lisa Locke Contact Person's Email Address Presiderti Title/Position: Telephone: Year Organization Founded: Number of Paid Staff: 1 .. Number of Volunteers: 200 Geographic area(s) the organization serves: Temecula City and unincorporated areas Geographic area the Project/Program will serve (NOTE: Community Service Funding Grant must exclusively be used to serve Temecula) Temecula Include a physical address of Project/Program (if different than Organization's Mailing Address): 1999 Is this organization incorporated as a nonprofit organization? Yes x No (If No, then it is ineligible to receive City Funding) Provide a copy of your statement of nonprofit status from the State of California, and the first page (only) of the most recent IRS Form 990. IRS Form 990 is a public record. Form 990s for all charities registered in California are posted on the Attorney General's web site www.ait.ca.guv. The website also offers a searchable database of California charities. Form 990s for 501(c )(3) charities may be found at GuideStar www.guidestar.orq. Date of incorporation as a Nonprofit: Federal Identification Number: State Identification Number: 5.4.1999 Submit and Attach Status Verification from Internal Revenue Services and Franchise Tax Board: 1. riutpmapps irs.yovtappieosr (print out and attach Deductibility Status) 2. https:llwww.ftb.ca.govlonlinelseif serve entity status letter/index asp (print out a attach RECEIVED Entity Status Letter) Application: Page 1 of 7 SEP 1 3 2017 CITY MANAGER'S OFFICE Has the organization or any members of the Board of Directors of the organization been involved with any personal business transactions valued over $500 including any business transactions, negotiations, investments, or interests in real property with a Temecula City Council Member during the past 12 months? Yes No " If Yes, briefly describe: Is a Temecula City Council Member a member of the Board of Directors or an Officer of the organization? Yes No x If Yes, provide Council Member's Name and title within the organization: This Application has been authorized by the organization's: Executive Committee x Board of Directors Members -at -Large FINANCIAL STATEMENTS Upon request, copies of the current budget of the organization / financial statements (balance statement and income statement), and if available CPA's audit, may be needed to demonstrate sound financial management. Do not submit now. CITY OF TEMECULA FUNDING — OTHER SOURCES Within the past two years, has your organization received (or is your organization concurrently requesting) any other sources of funding from the City of Temecula? Yes x No If Yes, provide information in table below: Type of Funding from City ! Program, Project or Service(s) Supported by the Grant or Sponsorship Month/Year Received Amount CSF Food Baskets for families,Military Families,Veterans and Seniors Jan 2017 $4768.00 CSF Food Baskets for families, military and seniors at the holidays jan 2016 $6000 MISSION STATEMENT OF ORGANIZATION Briefly describe the goals and objectives, or mission, of your organization. Rotary International Motto is "Service Above Self', and it is the goal of the Rotary Temecula Noon Club to serve those in need (families, children, military, veterans and seniors) with food,gifts, financial assistance, specialized care for wounded veterans living in Temecula. Application: Page 2 of 7 GRANT FUNDING PROJECT/PROGRAM DESCRIPTION NOTE' Receipts/invoices will be required to be submitted to the City to demonstrate that your organization used grant funding awarded by the City to support the project/program as described here. See Compliance Reporting Requirements on Application Page 9 for details. 1, Provide a brief description of the Project/Program (and its objectives) that the City of Temecula grant funding will be used to support. Rotary Temecula Noon Club thanks City of Temecula for previous years funding and requests funding for: Food baskets for families in need during the holidays -over 345 families served each year. Toys and Gifts for families in need during the holidays- Members donate toys and bikes Baby goods for military families- Military Committee, working with families from uamp rendleton Specialized care items for wounded veterans -Military Committee, working with veterans and WAVES Food, Home and Yard care for Seniors in need- Working with the Mary Philips Senior Center Target Population: Families in need identified by TVLISD, Michelle's Place, SAFE and Camp Pendleton. 2. Describe how your organization will use the funding awarded? Include equipment or services that would be purchased and why. Members donate a large amount of canned goods for the holiday food baskets, plus cash donations. But we still need funds to purchase turkeys and hams forthe food baskets. The Military Committee collects coins at the Promenade Mall and uses 100% of it for wounded veterans and military families, yet we still need funding for the growth of military families and their needs. In addition, wounded veterans require extra equipment to participate in mental health programs and we donate to support those costs. The Senior Committee works with the Mary Philips Senior Center all year long and provides food, yard and home care for seniors not able to do it on their own. All work and deliveries are done by the Rotary Temecula Noon Club volunteers and their families. 3. Explain how the grant funding will specifically benefit Temecula residents. Rotary Temecula Noon Club works with T VUSD, SAFE, Michelles Place and eamp Pendleton to identity families living in Temecula and unincorporated areas ONLY. Targeted population (beneficiaries) of ProjectlProgram: Estimated number of people expected to benefit from this Project/Proo�ram: Estimated number of volunteers involved in this Project/Program: families, military, seniors, veterans, children Application: Page 3 of 7 1.Z00 4. In 30 words or less, summarize how the grant funds, if awarded, will be used. IMPORTANT: This summary will be used in a spreadsheet intended to summarize all Community Service Funding Grant Applications submitted to the City. Rotary Club of Temecula Noon will use funds to purchase turkeys, hams, and gift cards for military families, seniors and teenagers identified by TVUSD, senior center, Camp Pendleton, who are living in Temecula. PROJECT/PROGRAM — BUDGET PROJECT/PROGRAM BUDGET Line Items for Project/Program Revenues Expenses VARIOUS TYPES OF REVENUES/INCOME FOR THE PROJECT/PROGRAM: Amount of money requested from the City of Temecula Community Support Grant ((dot to exceed $5,000) $ 5000 Cash contributed to Project/Program by the Applicant Organization $ 5000 Other grants or funding already awarded for Project/Program, if any $ -0- In -Kind match amount or volunrmem reedit in kinadonatio s cannedfboxed goods $ 10,000 VARIOUS TYPES OF EXPENSES FOR THE SPECIFIC PROJECT/PROGRAM. Staffing expense for Project/Program (this amount is ineligible to be funded by City's Grant; however please include) $ 0 Equipment expense for Project/Program $ 500 Food expense for Project/Program $ 19,000 Marketing expense for Project/Program $ 0 Supplies expense for Project/Program $ 0 Facilities/Rent expense for Project/Program $ 0 Other expense for Project/Program $ 20,000 $ 500 $ 20,000 TOTAL BUDGET FOR PROJECT/PROGRAM Application: Page 4 of 7 L SIGNATURE PAGE The applicant acknowledges and agrees to the following: • Recipient is subject to all Community Service Funding Program requirements including submittal deadlines and payment disbursements. • Every Community Service Funding application is considered individually and on its own merit. • Awards will be given to organizations and activities that directly benefit the residents of Temecula. • Funding is not immediately available to the recipient; and requires an award letter signature upon approval. Please allow time for checks to be processed. • The awarding of Community Service Funding does not constitute an automatic annual allocation. • The recognition for Community Service Funding should accrue to the City of Temecula. • Community Service Funding must be spent as specified on the Application and records may be requested by the City of Temecula to ensure the funds were used appropriately. • Community Service Funding grants will not be awarded or announced within the 60 days before an election in which an awarding Council Member is on the ballot. • The recipient shall provide a full accounting with documentation on the use of awarded funds. The recipient shall return to the City any funds not spent or documented per the signed agreement. We hereby certify the information contained in this Application is true to the best of our knowledge and belief. PREPARED BY: Rotarian Member Cheryl Peterson _ NAME and TITLE (Please Print or Type) SIGNATURE: PRESIDENT or AUTHORIZED OFFICER: Lisa Locke, President of Rotary Temecula Noon Club SIGNATURE: a)-id TITLE (Please Print or Type) ORGANIZATION NAME: Temecula Noon Club TELEPHONE: EMAIL ADDRESS: DATE: (Month, Day, Year) SUBMIT ORIGINAL APPLICATION BY FRIDAY SEPTEMBER 15, 2017 TO: Mall to: City of Temecula Community Service Funding Attn: City Manager's Office 41 000 Main Street Temecula, CA 92590 If you have any questions please contact Betsy Lowrey at (951) 893-3959 or Sue Steffen at (951) 506-5100. Application: Page 7 of 7 FY 2017/2018 COMMUNITY SERVICE FUNDING GRANT APPLICATION # 21 SAFE ALTERNATIVES FOR EVERYONE CITY OF 'FEMECI JLA FISCAL YEAR 2017-2018 COMMUNITY SERVICE FUNDING PROGRAM AP P LICATION (Please Print or Type) rogram u s mission ea Friday, September 15, 2017 ine: PROJECT/PROGRAM INFORMATION Amount Requested: $ 5,000 (Maximum allowable $5,000 per Organization) Project/Program Title: SAFE Emergency & Basic Need items Project/Program Start Date: 12/01/2017 Project/Program End Date: 12/31/2018 If Grant is Awarded, Make Check Payable to: SAFE Alternatives for Everyone • Mailing Address 28910 Puiol Street, Temecula, CA 92590 ORGANIZATION INFORMATI.ON and GEOGRAPHIC AREA SERVED Name of Applicant Organization: SAFE Alternatives for Everyone Website: www.safefamiliesca.orq Contact Nanie: June Earley Title/Position: Executive Director Contact Person's Email Address iune@safefamiliesca.org Telephone: 951-587-3900 Year Organization Founded:_1998 Number of Paid Staff: 16 Number of Volunteers: 65 Geographic area(s) the organization serves: Temecula, Murrieta, Winchester, Menifee, Lake Elsinore, Hemet. Southwest Riverside County Geographic area the Project/Program will serve (NOTE: Community Service Funding Grant must exclusively be used to serve Temecula) Temecula Include a physical address of Project/Program (if different than Organization's Mailing Address): Same as organization address Is this organization incorporated as a nonprofit organization? Yes X ineligible to receive City Funding) Provide a copy of your statement of nonprofit status from the State of California, and the first pacoe (only). of the most recent IRS Form 990, IRS Form 990 is a public record. Form 990s for all charities registered in California are posted on the Attorney General's web site www aq.ca.uov. The website also offer; a searchable database of California charities. Form 990s for 501(c )(3) charities may be found at GuideStar p.o. w.Qu.des-ar.orq. (If No, then it is Date of Incorporation as a Nonprofit: 1998 Federal Identification Number: State Identification Number: Submit and Attach Status Verification from Internal Revenue Services and Franchise Tax Board: 1. http://apos.irs.govlaPo/eosr (print out and attach Deductibility Status) 2. https://mvw.ftb.ca.govlonlinelself serve entity status letterlindex.aso (print out Plat Entity Status Letter) Application: Page 1 of 7 SEP 1 5 2t)? CITY MANAGER OFFICE Has the organization or any members of the Board of Directors of the organization been involved with any personal business transactions valued over $500 including any business transactions, negotiations, investment -S,- or interests in real property with a Temecula City Council Member during the past 12 months? Yes No X If Yes, briefly describe: Is a Temecula City Council Member a member of the Board of Directors or an Officer of the organization? Yes No X If Yes, provide Council Member's Name and title within the organization: This Application has been authorized by the organization's: Executive Committee Board of Directors X Members -at -Large FINANCIAL STATEMENTS Upon request, copies of the current budget of the organization / financial statements (balance statement and income statement), and if available CPAs audit, may be needed to demonstrate sound financial management. Do not submit now. CITY OF TEMECULA FUNDING — OTHER SOURCES Within the past two years, has your organization received (or is your organization concurrently requesting) any other sources of funding from the City of Temecula? Yes K No� If Yes, provide information in table below: Type of Funding from City Program, Project or Service(s) Supported by the Grant or Sponsorship Month/Year Received AJnount CBDG Domestic Violence Services 07/2015- $7,892.00 06/30/2016 CDBG Domestic Violence 07/2016- $8,283.00 06/30/2017 Temecula SAFE Youth & Growth 12/2016- $1,768.84 Community Service 06/30/2017 Funding Program MISSION STATEMENT OF ORGANIZATION Briefly describe the goals and objectives, or Omission, of your organization. SAFE Alternatives for Everyone is committed to providing services for children, youth, and families who have experienced or are at risk of abuse and violence. S.A.F.E. has provide] domestic violence services in the Temecula Valley since 2001. We provide emergency service and assistance to families involved with domestic violence. When families escape a violent situation they come to us for food, shelter, medication, pas, bills and many other needs. At S.A.F.E. we want the families seeking assistance to be covered so they can focus on aettincl healthy and staving safe. Application: Page 2 of 7 GRANT FUNDING PROJECT/PROGRAM DESCRIPTION NOTE: Receiptsfinvoices will be required to be submitted to the City to demonstrate that your organization used grant funding awarded by the City to support ttne project/program as described here. See Compliance Reporting Requirements on Application Page 9 for details. 1. Provide a brief description of the Project/Program (and its objectives) that the City of Temecula grant funding will be used to support. The funding will be used to support our emergency and basic needs services assistance. Many families who leave their current domestic violent situations are in need of assistance in order to leave. Many families in domestic violence situations do not leave because they do not know how to provide for their family without these resources and fear that once they flee they will no longer have access to their possessions, money, or home/shelter. At S.A.F.E. we help families to feel more secure with their choice to leave an abusive relationship. S.A.F.E. provides emergency basic needs assistance_ S.A.F.E. is dedicated to providing families with services when they are needed and this funding will assist us in the ability to do so. 2. Describe how your organization will use the funding awarded? Include equipment or services that would be purchased and why. S.A.F.E. will use the funding as awarded to assist families with resources, supplies, goods. and items. The needed supplies will cover: food, emergency temporary shelter (Less than a week). car gasoline, and everyday necessities (deodorant, baby diapers. shampoo, conditioner, feminine products, medication, etc.). S.A.F.E. will purchase food gift cards, gasoline gift cards, hotel vouchers, and gift cards to large retail stores similar to Target and Wal-Mart that will allow clients to buy clothing, household items, groceries. and other items that will meet their immediate needs during a crisis after a domestic violence occurrence. The funding breakdown is as follows: food gift cards totaling $1.000. gasoline gift cards totaling $1,500. temporary housing (hotel vouchers) totaling $1 500. and large retail store gift cards totaling $1.000. 3. Expl'i how the grant funding will specifically benefit Temecula residents. S.A.F.E. is located in Temecula and directly assists families that are at risk or who have experienced domestic and family violence. Many of these families live in our Temecula community. When a family comes to S.A.F.E. we ensure that we are able to assist the families with resources that they_ are in need of when fleeing We assist with gasoline gift cards so that the client and family may flee or be able to travel back and forth to court and child care. We assist with food gift cards so that the families are able to eat while seeking refuge. We assist with emergency temporary housing in order to get the families out of their immediate danger while waiting for more permanent long term placement. We assist families with large retail store gift cards so they are able to have personal items like their toiletries, medications. shampoos, conditioners, feminine products, baby diapers, deodorant, etc. Targeted population (beneficiaries) of Project/Program: All families that are at risk or experienced domestic violence. Estimated number of people expected to benefit from this Project/Program: 200 Estimated number of volunteers involved in this Project/Program: S.A.F.E. has over 60 volunteers that assist our agency. Application: Page 3 of 7 4. In 30 words or less, summarize how the grant funds, if awarded, will be used. IMPORTANT: This summary will be used in a spreadsheet intended to summarize all Community Service Funding Grant Applications submitted to the City, SAFE Emergency and Basic Need Items will use the funds to support families by supplying them with gasoline gift cards, food gift cards, hotel vouchers, large retail store gift cards. PROJECT/PROGRAM — BUDGET PROJECT/PROGRAM BUDGET Line Items for Project/Program VARIOUS TYPES OF REVENUES/INCOME FOR THE PROJECT/PROGRAM: Amount of money requested from the City of Temecula Community Support Grant (Not to exceed $5,000) Cash contributed to Project/Program by the Applicant Organization Revenues Expenses $ 5,000.00 $ 6,000.00 Other grants or funding already awarded for Project/Program, if any In -Kind match amount or volunteer credit hours estimated amount VARIOUS TYPES OF EXPENSES FOR THE SPECIFIC PROJECT/PROGRAM: Staffing expense for Project/Program (this amount is ineligible to be funded by City's Grant; however please include) Equipment expense for Project/Program Food expense for Project/Program Marketing expense for Project/Program Supplies expense for Project/Program Facilities/Rent expense for Project/Program Other expense for Project/Program TOTAL BUDGET FOR PROJECT/PROGRAM $ 66,113.00 38,310.00 $ 138,341.00 $0 $ 3,000.00 $ 500.00 $ 15,650.00 $0 $ 2,400.00 $ 115,423.00 $ 159,891.00 Application: Page 4 of 7 SIGNATURE PAGE The applicant acknowledges and agrees to the following: Recipient is subject to all Community Service Funding Program requirements including submittal deadlines and payment disbursements. Every Community Service Funding application is considered individually and on its own merit. Awards will be given to organizations and activities that directly benefit the residents of Temecula. Funding is not immediately available to the recipient; and requires an award letter signature upon approval. Please allow time for checks to be processed. The awarding of Community Service Funding does not constitute an automatic annual allocation. The recognition for Community Service Funding should accrue to the City of Temecula. Community Service Funding must be spent as specified on the Application and records may be requested by the City of Temecula to ensure the funds were used appropriately. Community Service Funding grants will not be awarded or announced within the 60 days before an election in which an awarding Council Member is on the ballot. The recipient shall provide a full accounting with documentation on the use of awarded funds. The recipient shall return to the City any funds not spent or documented per the signed agreement. We hereby certify the information contained in this Application is true to the best of our knowledge and belief. PREPARED BY: Lindsey Ritter-Ingorvaia Client Services Manager ME and TITLE (Please Print or Type) SIGNATURE:•-Aiiil�- PRESIDENT or AUTHORIZED OFFICER: June Earley Executive Director NAME and TITLE (Please Print or Type) SIGNATUREMil •��. (7„Q1 *— ORGANIZATME: SAFE Alternatives for Everyone TELEPHONE: 951-587-3900 EMAIL ADDRESS: june@safefamiliesca.orc{ DATE: September, 14, 2017 (Month, Day, Year) SUBMIT ORIGINAL APPLICATION BY FRIDAY SEPTEMBER 15, 2017 TC): JIlail to: City of Temecula Community Service Funding Attn. City Manager's Office 41000 Main Street Temecula, CA 92590 If you have any questions please contact Betsy LowrE?y at (951) 693-3959 or Sue Steffen at (951) 506-5100. Application: Page 7 of 7 FY 2017/2018 COMMUNITY SERVICE FUNDING GRANT APPLICATION # 22 SANTA ROSA PLATEAU NATURE EDUCATION FOUNDATION CITY OF TEMECULA FISCAL YEAR 2017-2018 COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 1( 2017-2018 Program Submission Deadline: Friday, September 15, 2017 PROJECT/PROGRAM INFORMATION Amount Req $2,500 Project/ProgramName:lnspirinq Environmental Stewardship in an Environmental Education Pathway -3`d Grade Project/Program Start Date: Oct 10, 2017 Project/Program End Date: June 10, 2018 (Maximum allowable $5,000 per Organization) ORGANIZATION INFORMATION and GEOGRAPHIC AREA SERVED Name of Applicant Organization: Santa Rosa Plateau Nature Education Foundation We bs ite:www.s rpf.org Contact Name: Ginger Greaves Title/Position: Executive Director Contact Person's Email Address ginger@srpf.org Mailing Address: P. O. Box 941, Murrieta 92564 Telephone:MEM= Year Organization Founded: 2003 Number of Paid Staff: 1.5 Number of Volunteers: 220 Geographic Area(s) the Organization Serves: Southwest Riverside County Geographic Area the Project/Program will Serve (NOTE: Community Service Funding Grant must exclusively be used to serve Temecula) Temecula Valley & students in TVUSD Include a physical address of Project/Program (if different than Organization's Mailing Address): 39400 Clinton Keith Road, Murrieta 92562 Is this organization incorporated as a non-profit organization? Yes x No (If No, then it is ineligible to receive City Funding) Provide a copy of your statement of non-profit status from the State of California and Most Recent IRS Form 990, IRS Form 990 is a public record. Form 990s for all charities registered in California are posted on the Attorney General's web site www.aq.ca.gov. The web site also offers a searchable database of California chanties. Form 990s for 501(c )(3) chanties may be found at GuideStarwww.quidestar.ora. Date of incorporation as a non-profit: May 3, 2003 Federal identification number: State identification number:_ Submit and Attach Status Verification from Internal Revenue Services and Franchise Tax Board: 1. http.11apps.irs.govfappfeosr (print out and attach Deductibility Status) 2. https:/fwww.ftb.ca.govfonlinefself serve entity status letterlindex.asq (print out and attach Entity Status Letter) Application Page 1 L Has the organization or any members of the Board of Directors of the organization been involved with any personal business transactions valued over $500 including any business transactions, negotiations, investments, or interests in real property with a Temecula City Council Member during the past 12 months? Yes No X If Yes, briefly describe: Is a Temecula City Council Member a member of the Board of Directors or an Officer of the organization? Yes No X If Yes, provide Council Member's Name and title within the organization: This application has been authorized by the organization's: Executive Committee X Board of Directors X Members -at -Large FINANCIAL STATEMENTS PLEASE ATTACH COPIES OF THE CURRENT BUDGET OF THE ORGANIZATION 1 FINANCIAL STATEMENTS (BALANCE STATEMENT AND INCOME STATEMENT). It does not require a CPA's audit, but please submit if available. CITY OF TEMECULA FUNDING — OTHER SOURCES Within the past two years, has your organization received (or is your organization concurrently requesting) any other sources of funding from the City of Temecula? Yes No X_ MISSION STATEMENT Briefly describe the goals and objectives of your organization and community services it provides.. Our Mission To educate and empower youth to appreciate, preserve and protect nature. Our Passion To reconnect a generation of youth to nature who have grown up in doors and isolated from nature. Our Promise / Our Goal Provide a learning pathway leading towards a life of environmental stewardship. Our Objective Inspire a young citizen to integrate environmental stewardship into their professional and community service goals. We are a place -based, outdoor and nature education provider providing classroom and teacher support to fulfill their environmental and nature science requirements. Our Environmental Education Pathway (EEP) program for grades 3-12 is aligned with EEI (Environmental Education Initiative), NGSS (Next Generation Science Standards) and STEM (Science, Technology, Engineering and Math) curriculum components. Our programs are also fun, full of adventure and provided at no cost to students. SRPNEF is the only non-profit nature education provider in the Temecula Valley/Southwest Riverside County area providing programs at no cost to classrooms. Application Page 2 GRANT FUNDING PROJECT/PROGRAM DESCRIPTION NOTE: Receipts/invoices will be required to be submitted to the CO to demonstrate that your organization used grant funding awarded by the City to support the project/program as described here. See Compliance Reporting Requirements on Application Page 6 for details. Provide a brief description of the Project/Program (and its objectives) that the City of Temecula grant funding will be used to support. The Environmental Education Program (EEP) consists of six progressively more comprehensive Nature education components: Third Grade Nature Education - The students' experience begins In their classroom. The classroom teacher prepares a lesson plan using the materials/curriculum outline provided by the SRPNEF discussing the habitats, animals and plants at the Reserve. Later they travel to the Reserve to participate in a three-hour outdoor education experience on various Reserve trails where they travel through the habitats they learned about in the classroom, and see and learn the evidence of the animals and birds that live on the Reserve. They are also introduced to the human and historical history of the Reserve including the Native American influence. A pre -post quiz is written in conjunction with Calif. Dept. of Education's Elementary Science requirements, administered in the classroom and after their outdoor Reserve program to score increase in natural science knowledge. This program is conducted daily over eight months. Third Grade Nature Outreach to Title l Schools — Title !schools are targeted with this Outreach program. Volunteer Docents travel to the classroom in advance of school's visit to the Reserve bringing with them a wide array of displays, artifacts, and hands- on activities. The students touch, smell, and study live plants and anima! artifacts to prepare them for their trip to the Reserve. The Outreach program was designed to reach out to those schools and students who, because of funding, language or opportunity may have never been exposed or introduced to the animals, habitats or plants of the natural world. The pre -post quiz is also administered to each student. Conducted daily over eight months. 4tn Grade Trout in the Classroom }. Spanning over a 4 -month period, students are introduced to the life cycle of trout with an emphasis on beginning to learn about the threatened Steelhead Trout. The TIC is part of the "watershed study" pathway of the EEP leading up to the full study of the Steelhead Trout's habitats in the middle and high school components of the EEP. With the assist of CalTrout, trout eggs are brought into the classrooms along with fish tanks and ancillary equipment purchased by SRPNEF. Teachers receive TIC training provided by SRPNEF. Students set up the tanks, learn about the quality of water needed, take care of the eggs and watch them become baby trout or "frys". They journal their experience. Baby trout are released into local protected watersheds including Diamond Valley Lake. Students are transported to the sites by district buses paid for by SRPNEF. Stn Grade Native Seed Bank Study - The program teaches students how to identify California native plants that are found on the Reserve, and learn the importance of native plants in habitats. Students harvest native plant seeds found on the Reserve and grow them back in their classrooms and transplant the mature plant back on the Reserve. They complete a Seed Bank Study workbook teaching them how to collect data, documenting the watering schedule and progress of plant growth, their observations and reflections. They are introduced to the habitat restoration project on the Reserve and are mentored by the high school students from the Habitat Studies component of the program. Middle School Grassland Restoration - Students learn how environments and habitats become altered; how to identify a habitat on the Reserve that has been altered, how to develop a plan of restoration based on a scientific hypothesis and implements that plan. Students are introduced to field biology, ecology techniques and science terminology. They work in teams of 4 students off of control plots within the habitat. The same groups of students work on the plot over a period of seven months. High School Habitat Studies and Restoration: Grassland and Watershed Habitats - Every two weeks Students are taught and perform advanced research and analysis skills associated with the restoration of one or more habitat sites on the Reserve, watersheds/creeks in Temecula Valley and at the Santa Margarita River. They will document, analyze and develop the science questions and prepare a report with their findings. They perform all of the field work and mentor students in the 51h grade seed bank study. The same groups of students work on the plot over a period of seven months. Approximately 10,000 students from 10 local school districts participate in the EEP. Programs are conducted at the Santa Rosa Plateau Ecological Reserve, in individual classrooms, in local creeks and watershed areas, and at the Santa Margarita Reserve. Students are bused or transported by van to the Reserve, creeks and watershed areas. Transportation is covered by the SRPNEF. Access and study of these sites is the result of collaboration with California Fish & Wildlife, Riverside County Regional Park & Open Space District, University of California Riverside Botany Department, Santa Margarita Reserve, Application Page 3 CalTrout, and ten school districts in Southwest Riverside County 2. Describe how your organization will use the funding awarded? Include equipment or services that would be purchased and why. This funding request targets the third grade classrooms/students in TVUSD. To ensure that as many students and classrooms can participate in the third grade components of the EEP as possible, SRPNEF covers the cost of all transportation, curriculum and outreach materials and equipment. One round trip district bus trip to the Reserve from Temecula schools can average $225 per bus (70 students per bus). Approximately 46 bus trips are needed from TVUSD to the Reserve each school year. This request is to cover the cost of 12 of those buses. (Total number of buses from all school districts served by SRPNEF programs is approximately 160.) Total cost for third grade transportation for TVUSD students is approximately = $6,050 This amount is completely paid for by SRPNEF saving the TVUSD this additional expense. Approximately 3,000 students from TVUSD participate each year. Total costs for the third grade components of the EEP for all districts served = $47,500 3. Explain how the grant funding will specifically benefit Temecula residents Approximately 1,000 students, and 22 classroom teachers in TVUSD, will directly benefit from this funding as follows: (3,000 students from TVUSD are served each year, this request is to support 1,000 of those students.) 1. Students and classrooms are able to participate at no cost. 2. Teachers are able to augment their environmental science requirements. 3. The school district does not bear the cost of transportation. 4. Students and teachers are introduced to a protected open space property and begin to learn and understand how humans both impact our natural environment and are also the protectors of it. The third grade component requires 10 volunteers each day, every week at the Reserve beginning in October to June and 12 volunteers per week who participate in the outreach to Title l schools. Approximately 120 individual volunteers, who are guided and trained by RivCoPark staff, to implement the third grade components of SRPNEF's Environmental Education Pathway. Targeted population (beneficiaries) of Project/Program: Elementary students and teachers. Estimated number of people expected to benefit from this Project/Program: 1,030 Estimated number of volunteers involved in this ProjectlProgram: 120 4. In 30 words or less, summarize how the grant funds, if awarded, will be used. IMPORTANT: This summary will be used in a spreadsheet intended to summarize all Community Service Funding Grant Applications submitted to the City. Sustain participation of TVUSD elementary students in the Environmental Education Pathway program at the Santa Rosa Plateau. Funds will cover the cost of transportation for 1,000 of the 3,000 TVUSD students participating in the program each year. Application Page 4 $5,000 $4,500 $3,000 PROJECT/PROGRAM - BUDGET Line Items for Project/Program FY 2016-2017 VARIOUS TYPES OF INCOME FOR THE SPECIFIC PROJECT/PROGRAM: 3"I Grade EEP Amount of money requested from the City of Temecula Community Support Grant (Not to exceed $5,000) Budgeted Revenues Cash contributed to Project/Program by the Applicant Organization Other funding already awarded In -Kind Match Amount or Volunteer Credit Hours VARIOUS TYPES OF EXPENSES FOR THE SPECIFIC PROJECT/PROGRAM: Staffing expense for Project/Program (this amount is ineligible to be funded by City's Grant; however please include) Budgeted Expenses $2,500 $20,800 $13,000 $11,200 Equipment expense for Project/Program Food expense for Project/Program Marketing expense for Project/Program Supplies expense for Project/Program Facilities/Rent expense for Project/Program Other expense for Project/Program - Transportation TOTAL BUDGET FOR PROJECT/PROGRAM Actual Revenues Provide to City after Project/Program Is complete and by Friday, September 8, 2017 $ 35,000 $47,500 $47,500 Actual Expenses Provide to city after Project/Program is complete and by Friday, September 8, 2017 Application Page 5 SIGNATURE PAGE The applicant acknowledges and agrees to the following: • Is Subject to all Community Service Funding Program requirements including submittal deadlines and payment disbursements. • Every Community Service Funding application is considered individually and on its own merit. • Awards will be given to organizations and activities that directly benefit the residents ofTemecula. • Funding is not immediately available to the recipient; and requires an award letter signature. Please allow time for checks to be processed. • The awarding of Community Service Funding does not constitute an automatic annual allocation. • The recognition for Community Service Funding should accrue to the City ofTemecula. • Community Service Funding must be spent as specified on the application and records may be requested by the City of Temecula to ensure the funds were used appropriately. • Community Service Funding grants will not be awarded or announced within the 60 days before an election in which an awarding Council Member is on the ballot. • The recipient shall provide a full accounting with documentation on the use of awarded funds. The recipient shall return to the City any funds not spent or documented per the signedagreement. We hereby certify the information contained in this application is true to the best of our knowledge and belief. PREPARED BY: Ginger Greaves, Executive Director NAME and TITLE (Please Print or Type) SIGNATURE: PRESIDENT or AUTHORIZED OFFICER: Guy Romero, President NAME and TITLE (Please Print or Type) SIGNATURE: ORGANIZATION NAM Santa Rosa Plateau Nature Education Foundation TELEPHONE: EMAIL ADDRESS: ctinger[csrpf.orq DATE: 9/1512017 (Month, Day, Year) Application Page 8 FY 2017/2018 COMMUNITY SERVICE FUNDING GRANT APPLICATION # 23 SPECIAL OLYMPICS SOUTHERN CA / TEMECULA CITY or l EMECt1L% FISCAL YEAR 2017 - 2018 COMMUNITY SERVICE FUNDING PROGRAM APPLICATION lease Print or Type ) 2017-18 Program Submission Deadline: Friday, September 15, 2017 PROJECT/PROGRAM INFORMATION Amount Requested: $ 5,000 (Maximum allowable $5,000 per Organization) Project/Program Title: Special Olympics sports programs in the City of Temecula Project/Program Start Date: 1/1/18 — 12/31/18 If Grant is Awarded, Make Check Payable to: Special Olympics Southern California, Temecula Valley Area Mailing Address: 41880 Kalmia Street, #155, Murrieta. CA 92562 ORGANIZATION INFORMATION and GEOGRAPHIC AREA SERVED Name of Applicant Organization: Special Olympics Southern California — Temecula Valley Area Website: www.sosc.org/inlandempire Contact Name: Ms. Abbey Leffler Title/Position: Regional Director Contact Person's Email Address: alefflerCa sosc,orq Telephone: Number of Paid Staff: 0 Year Organization Founded: 1969 Number of Volunteers: 80 Geographic area(s) the organization serves: San Bernardino & Riverside Counties Geographic area the Project/Program will serve (NOTE: Community Service Funding Grant must exclusively be used to serve Temecula): Temecula Valley specifically in the City of Temecula Include a physical address of Project/Program (if different than Organization's Mailing Address): 27475 Ynez Road. Ste. 174, Temecula, CA 92591 Is this organization incorporated as a nonprofit organization? Yes 7t No (If No, then it is ineligible to receive City Funding) Provide a copy of your statement of nonprofit status from the State of California, and the first page (only) of the most recent IRS Form 990. IRS Form 990 is a public record. Form 990s for all charities registered in California are posted on the Attorney General's web site www.ag.ca.gov, The website also offers a searchable database of California charities. Form 990s for 501(c )(3) charities may be found at GuideStar www.guidestabefIVEo Date of Incorporation as a No • 996 Federal Identification Number: State Identification Number:� Application: Page 1 of 7 SEP 1 11 2017 CITY MANAGER'S OFFICE Submit and Attach Status Verification from Internal Revenue Services and Franchise Tax Board: 1. http:f/apps.irs.gov/app/eosl (print out and attach Deductibility Status) 2. https:((www.ftb.ca.gov/online/self serve entity status letterfindex.aso (print out and attach Entity Status Letter) Has the organization or any members of the Board of Directors of the organization been involved with any personal business transactions valued over $500 including any business transactions, negotiations, investments, or interests in real property with a Temecula City Council Member during the past 12 months? Yes No X If Yes, briefly describe: Is a Temecula City Council Member a member of the Board of Directors or an Officer of the organization? Yes No X If Yes, provide Council Member's Name and title within the organization: This Application has been authorized by the organization's: Executive Committee X Board of Directors X Members -at -Large X FINANCIAL STATEMENTS Upon request, copies of the current budget of the organization / financial statements (balance statement and income statement), and if available CPA's audit, may be needed to demonstrate sound financial management. Do not submit now. CITY OF TEMECULA FUNDING — OTHER SOURCES Within the past two years, has your organization received (or is your organization concurrently requesting) any other sources of funding from the City of Temecula? Yes X NoIf Yes, provide information in table below: Type of Funding from city Program, Project or Semvke(s) Supported by the Grant or Sponsorship Month/Year Received Amount Grant Special Olympics sports programs in the City of Temecula Jan 2017 $2,268.84 Grant Special Olympics sports programs in the City of Temecula Dec 2015 $2,500 Grant Special Olympics sports programs in the City of Temecula Dec 2014 $2,500 Application: Page 2 of 7 MISSION STATEMENT OF ORGANIZATION Briefly describe the goals and objectives, or mission, of your organization. The mission of Special Olympics Southern California -- Temecula Valley Area is to provideyear-round snorts training and athletic competition in a variety of Olympic -style sports for children and adults with _intellectual disabilities, giving them the continuing opportunities to develop physical fitness, demonstrate courage, experience joy and participate in a sharing of gifts, skills and friendship with their families, other Special Olympics athletes and the community. Special Olympics has a long established history in the City of Temecula where we have served individuals with intellectual disabilities for over a decade. Our programs not only provide athletes with physical fitness and athletic competition, but also social interaction, community involvement, and empowerment. Since 1969, community-based sports programs have thrived through relationships with local entities in the city of Temecula, including: The Legends Golf Course at Temeku Hills and the Temecula Team Tennis TTT . In 1986, partnership with the Temecula Police Department and California Highway Patrol was established to raise awareness and funds for local programs annually through the Law Enforcement Torch Run. The City of Temecula is a valued collaborative partner, promoting our movement of inclusion and acceptance for all in the community as well as providing grant funding to support our programs since 2010. We look forward to continuing this legacy and we are grateful for the support provided by the City. GRANT FUNDING PROJECT/PROGRAM DESCRIPTION NOTE: Receipts/invoices will be required to be submitted to the City to demonstrate that your organization used grant Funding awarded by the City to support the project/program as described here, See Compliance Reporting Requirements on Application Page 9 for details, 1. Provide a brief description of the Project/Program (and its objectives) that the City of Temecula grant funding will be used to support. Special Olympics enriches the lives of individuals with intellectual disabilities in the Temecula Valley through the power of sports, education, and by promoting athlete health. We provide training and competition opportunities in the sports of aquatics, athletics (track & field), basketball, bocce, bowling, golf, soccer, softball, and tennis. Athletes receive weekly sports instruction and training from volunteer coaches during the fall and spring seasons and teams attend local and regional competitions to showcase their skills. No one is every turned away because of his or her disability and teams are formed based on age and ability level to create a positive experience for Application: Page 3 of 7 everyone. Through on-going participation in sport, our goal is to encourage healthy habits that will remain with athletes their entire lives. 2. Describe how your organization will use the funding awarded? Include equipment or services that would be purchased and why. $5,000 from the City of Temecula will fund existing direct program costs including uniforms, facilities costs, and transportation — our largest expenses for athletes in the City of Temecula. Special Olympics covers all program related expenses for both training and competition, we seek support from local entities such as the City of Temecula, Pechanga Resort & Casino, and Law Enforcement to help provide services at no cost to athletes. 3. Explain how the grant funding will specifically benefit Temecula residents. Special Olympics serves children and adults with intellectual disabilities in Temecula programs, athletes live in or within 10 miles of the City of Temecula. Over 80% of our athletes are classified as low income, the overwhelming majority of our athletes could not afford the costs associated with participation in sports program if fees were charged. In addition, Special Olympics would not be able to provide our programs in Temecula at no cost without the commitment and enthusiasm of sports coaches, assistants, and volunteers from the community. We are dependent on volunteer leaders to help us ensure that athletes in Temecula have an opportunity to participate in Quality sports training and competition. Targeted population (beneficiaries) of Project/Program: Special Olympics athletes within Temecula Valley are comprised of the following demographics: 68% male and 32% female; 38% ages 8-21, 62% age 22 or older. Estimated number of people expected to benefit from this Project/Program: 350 Estimated number of volunteers involved in this Project/Program: 80 4. In 30 words or less, summarize how the grant funds, if awarded, will be used. IMPORTANT: This summary will be used in a spreadsheet intended to summarize ail Community Service Funding Grant Applications submitted to the City. A grant from the City of Temecula will help support Special Olympics programs to empower individuals with intellectual disabilities to improve their health and overall wellness through year-round sports training and competition. Application: Page 4 of 7 PROJECT/PROGRAM -- BUDGET PROSECT/PROGRAM BUDGET Line Items for Project/Program Revenues Expenses VARIOUS TYPES OF REVENUES/INCOME FOR THE PROJECT/PROGRAM: Amount of money requested from the City of Temecula Community $ 5,000 Support Grant (Not to exceed $5,000) Cash contributed to Project/Program by the Applicant Organization $ 0 Other grants or funding already awarded for Project/Program, if any $ 21,396 In -Kind match amount or volunteer credit hours estimated amount $ 0 VARIOUS TYPES OF EXPENSES FOR THE SPECIFIC PROJECT/PROGRAM: Staffing expense for Project/Program (this amount is ineligible to be $0* funded by City's Grant; however please include) Equipment expense for Project/Program $1,900 Food expense for Project/Program $0 Marketing expense for Project/Program $ 1,080 Supplies expense for Project/Program $0 Facilities/Rent expense for Project/Program $ 12,846 Other expense for Project/Program - Transportation $ 3,270 - Uniforms $ 1,000 - Games Registration Fees $ 6,300 TOTAL BUDGET FOR PROJECT/PROGRAM $ 26,396 $ 26,396 * Programs in the city of Temecula are led by a non -paid volunteers. No staffing expenses are incurred. Application: Page 5 of 7 SIGNATURE PAGE The applicant acknowledges and agrees to the following: • Recipient is subject to all Community Service Funding Program requirements including submittal deadlines and payment disbursements. Every Community Service Funding application is considered individually and on its own merit. • Awards will be given to organizations and activities that directly benefit the residents of Temecula. • Funding is not immediately available to the recipient; and requires an award letter signature upon approval. Please allow time for checks to be processed. • The awarding of Community Service Funding does not constitute an automatic annual allocation. • The recognition for Community Service Funding should accrue to the City of Temecula. • Community Service Funding must be spent as specified on the Application and records may be requested by the City of Temecula to ensure the funds were used appropriately. • Community Service Funding grants will not be awarded or announced within the 60 days before an election in which an awarding Council Member is on the ballot. • The recipient shall provide a full accounting with documentation on the use of awarded funds. The • recipient shall return to the City any funds not spent or documented per the signed agreement. We hereby certify the information contained in this Application is true to the best of our knowledge and belief. PREPARED BY: Abbey Leffler, Regional Director NAME and TITLE (Please Print or Type) SIGNATURE: cb6ttikic PRESIDENT or AUTHORIZED OFFICER: Bill Shumard, President & CEO SIGNATURE: NAME and TITLE (Please Print or Type) ( // / ORGANIZATION NAME: Special Olympics Southern California, Inc. TELEPHONE: EMAIL ADDRESS: aleffler@sosc.orq DATE: Segternber 11, 2017 (Month, Day, Year) SUBMIT ORIGINAL APPLICATION BY FRIDAY SEPTEMBER 15, 2017 TO: Mail to: City of Temecula Community Service Funding Attn: City Manager's Office 41000 Main Street, Temecula, CA 92590 If you have any questions please contact Betsy Lowrey at (951) 693-3959 or Sue Steffen at (951) 506-5100. Application: Page 8 of 7 FY 2017/2018 COMMUNITY SERVICE FUNDING GRANT APPLICATION # 24 TEMECULA ROSE SOCIETY CITY OF TEMCUL4 FISCAL. YEAR 2017-2018 COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2017-18 Program Submission Deadline: Friday, September 15, 2017 PROJECT/PROGRAM INFORMATION Amount Requested: $ 5,000.00 Project/Program Title: Tables with Benches attached Project/Program Start Date: November 1, 2017 Project/Program End Date: December30, 2017 If Grant is Awarded, Make Check Payable to: Temecula Valley Rose Society Mailing Address PO Box 890367, Temecula, CA 92589 (Maximum allowable $5,000 per Organization) ORGANIZATION INFORMATION and GEOGRAPHIC AREA SERVED Name of Applicant Organization: Temecula Valley Rose Society Website: temeculavalieyrosesaciety.org Contact Name: Rebecca Weersing Title/Position: Co -President Contact Person's Email Address Telephone: Year Organization Founded: 1990 Number of Paid Staff: 0 Number of Volunteers: 20 Geographic area(s) the organization serves: Temecula, Murrieta Geographic area the Project/Program will serve (NOTE: Community Service Funding Grant must exclusively be used to serve Temecula) Temecula Include a physical address of Project/Program (if different than Organization's Mailing Address): 30592 Jedediah Smith Road, Temecula, CA 92592 Rose Haven Heritage Garden Is this organization incorporated as a nonprofit organization? Yes X ineligible to receive City Funding) Provide a copy of your statement of nonprofit status from the State of California, and the first page Lonly) of the most recent IRS Form 990, IRS Form 990 is a public record. Form 990s for all charities registered in California are posted on the Attorney General's web site www,ag.ca.gov. The website also offers a searchable database of California charities. Form 990s for 501(c )(3) charities may be found at GuideStar www.auidestar.orq. No . (If No, then it is Date of incorporation as a Nonprofit: October 1, 1990 Federal Identification Number: State Identification Number: Submit and Attach Status Verification from internal Revenue Services and Franchise Tax Board: 1. http:llapps.irs.govlappleosl (print out and attach Deductibility Status) 2. https.11www.ftb.ca.govlonlinelself serve entity status letterlindex.asp (print out afiliekoftbo Entity Status Letter) Application: Page 1 of 7 SEP 1 4 2017 CITY MANAGER'S OFFICE Has the organization or any members of the Board of Directors of the organization been involved with any personal business transactions valued over $500 including any business transactions, negotiations, investments, or interests in real property with a Temecula City Council Member during the past 12 months? Yes No }C tf Yes, briefly describe: Is a Temecula City Council Member a member of the Board of Directors or an Officer of the organization? Yes No X If Yes, provide Council Member's Name and title within the organization: This Application has been authorized by the organization's: Executive Committee Board of Directors X Members -at -Large FINANCIAL STATEMENTS Upon request, copies of the current budget of the organization / financial statements (balance statement and income statement), and if available CPA's audit, may be needed to demonstrate sound financial management. Do not submit now. CITY OF TEMECULA FUNDING -- OTI-IER SOURCES Within the past two years, has your organization received (or is your organization concurrently requesting) any other sources of funding from the City of Temecula? Yes No x If Yes, provide information in table below: Type of Funding Pram City Program, Project orService(s) Supported by the Grant or Sponsorship Month/Year ReceivedAmount MISSION STATEMENT OF ORGANIZATION Briefly describe the goals and objectives, or mission, of your organization. The mission of the Temecula Valley Rose Society is to foster the appreciation, study, and culture of roses, including drought -resistant plants, vegetable gardening and the use of organic gardening material. We provide educational ,programs at the Temecula Public Library and at our garden with guest speakers. We also demonstrate conservation methods that can be used in all home gardens. Application: Page 2 of 7 GRANT FUNDING PROJECT/PROGRAM DESCRIPTION NOTE: Receipts/invoices wei be required to be submitted to the City to demonstrate that your organization used grant funding awarded by the City to support the project/program as described here. See Compliance Reporting Requirements on Application Page 9 for details. 1. Provide a brief description of the Project/Program (and its objectives) that the City of Temecula grant funding will be used to support. The project is to purchase permanent tables with benches attached where persons attending our educttonal classes and workshops at our garden will have a place to sit and use tables as needed, There is now a covered shelter that provides protection from the sun and elements, but no tables or seating. 2. Describe how your organization will use the funding awarded? Include equipment or services that would be purchased and why. The funding would be used for tables with attached benches for persons attending educational programs at our garden, including events, picnics, and our Families in the Garden activities. The area is approved handicapped accessable and disabled persons can now attend our classes. 3. Explain how the grant funding will specifically benefit Temecula residents. Temecula residents of all ages will appreciate a place to sit under our shelter which is already in place. We have many programs for children and their families, and the public at large. Also, aur special needs visitors and volunteers will appreciate a place to sit. We host local scout troops, local schools, and other community events including Night of the Luminaries with the City. Targeted population (beneficiaries) of ProjectlProgram: All persons in the Temecula area. Estimated number of people expected to benefit from this Project/Program: aoa pe?marth Estimated number of volunteers involved in this Project/Program: 20 Application: Page 3 of 7 4. In 30 words or less, summarize how the grant funds, if awarded, will be used. IMPORTANT: This summary will be used in a spreadsheet intended to summarize all Community Service Funding Grant Applications submitted to the City. The grant award will be used to purchase powder -coated steel eight foot tables with attached benches that can accomodate fifty persons attending classes or visiting our garden. PROJECT/PROGRAM — BUDGET PROJECT/PROGRAM BUDGET Line Items for Project/Program VARIOUS TYPES OF REVENUES/INCOME FOR THE PROJECT/PROGRAM: Amount of money requested from the City of Temecula Community Support Grant (Not to exceed 55,000) Cash contributed to Project/Program by the Applicant Organization Other grants or funding already awarded for Project/Program, if any In -Kind match amount or volunteer credit hours estimated amount VARIOUS TYPES OF EXPENSES FOR THE SPECIFIC PROJECT/PROGRAM: Staffing expense for Project/Program (this amount is ineligible to be funded by City's Grant; however please include) Equipment expense for Project/Program Food expense for Project/Program Marketing expense for Project/Program Supplies expense for Project/Program Facilities/Rent expense for Project/Program Other expense for Project/Program delivery and set-up TOTAL BUDGET FOR PROJECT/PROGRAM Revenues Expenses $ 5,000.00 1,000.00 $ 5,000.00 1,000.00 6,000.00 Application: Page 4 of 7 SIGNATURE PAGE The applicant acknowledges and agrees to the following: • Recipient is subject to all Community Service Funding Program requirements including submittal deadlines and payment disbursements. • Every Community Service Funding application is considered individually and on its own merit. • Awards will be given to organizations and activities that directly benefit the residents of Temecula. • Funding is not immediately available to the recipient; and requires an award tetter signature upon approval. Please allow time for checks to be processed. • The awarding of Community Service Funding does not constitute an automatic annual allocation. • The recognition for Community Service Funding should accrue to the City of Temecula. • Community Service Funding must be spent as specified on the Application and records may be requested by the City of Temecula to ensure the funds were used appropriately. • Community Service Funding grants will not be awarded or announced within the 60 days before an election in which an awarding Council Member is on the ballot. • The recipient shall provide a full accounting with documentation on the use of awarded funds. The recipient shall return to the City any funds not spent or documented per the signed agreement.. We hereby certify the information contained in this Application is true to the best of our knowledge and belief. PREPARED BY: Rebecca Weerssng, Co -President NAME and TITLE (Please Print or Type) SIGNATURE:��-w-. iA - PRESIDENT or AUTHORIZED OFFICER: Phyllis Bettelheim, Co -President NAME and TiTL.E (Please Print or Type) SIGNATURE: q ORGANIZATION NAME: Temecula Valley Rose Society TELEPHONE: EMAIL ADDRESS: DATE: September 14, 2017 (Month, Day, rear) SUBMIT ORIGINAL APPLICATION BY FRIDAY SEPTEMBER 15, 2017 TO: Mall to: City of Temecula Community Service Funding Attn: City Manager's Office 41000 Main Street Temecula, CA 92590 If you have any questions please contact Betsy Lowrey at (951) 693-3959 or Sue Steffen at (951) 506-5100. Application: Page 7 of 7 FY 2017/2018 COMMUNITY SERVICE FUNDING GRANT APPLICATION # 25 TOWARD MAXIMUM INDEPENDENCE CITY OF TEMECULA. FISCAL YEAR 2017-2018 COMMUNITY SERVICE FUNDING PROGRAM APPLICATION (Please Print or Type) 2017-18 Program Submission Deadline. Friday, September 15, 2017 PROJECT/PROGRAM INFORMATION Amount Requested: $ S Ddb (Maximum allowable $5,000 per Organization) Project/Program Title: i c.1a1.R.. E far 'S„:.?,]a i rvu..--I- Sat...- C,, -S` P1 1-0.„.. 415 r -11,-ek : v r 1511,‘,..... Lt Project/Program Start Date: I1 / 201 - Project/Program End Date: i t 1 or °Vox( i If Grant is Awarded, Make Check Payable to: %,..F., -J.. +r' �.,,c �,-.,cisre.� .•C -e '-"' '" ` Mailing Address 9 kH 0 M ,---,1>k-tet r\i b.. RA, R. C . -1 C2'o ., k.s4 C .. r. i� �tc.I, C 'CLc2. ORGANIZATION INFORMATION and GEOGRAPHIC AREA SERVED Name of Applicant Organization: (vim ca.tc i nes �.,,,-. di.pt..d e Website: ‘./.3u3 c . c Contact Name: {�-, .. r- C a Title/Position: rn-cd w, Cyr,re, . 4- Cup Kilo- ...s Contact Person's Email Address %. e . �. c • o r Telephone: $ S 2- b"-- -b o o Az3 c t Year Organization Founded, 1'1 2 Number of Paid Staff: '-›.‘ 0 Number of Volunteers: —7— Geographic —Geographic areas) the organization serves: $-c.-r. •Cyd, [�.:V C rS i + -S r�^ r; � [ c+".^_' �� Geographic area the Project/Program will serve (NOTE: Community Service Funding Grant must exclusively be used to serve Temecula) Include a physical address of Project/Program (if different than Organization's Mailing Address): i CA- s st.r" `►•Uc•44 S Z4 k `� •-� c C u �. a+ • c A Is this organization incorporated as a nonprofit organization? Yes )C No (if No, then it is ineligible to receive City Funding) Provide a copy of your statement of nonprofit status from the State of California, and the first pace (only) of the most recent IRS Form 990. IRS Form 990 is a public record. Form 990s for all charities registered in California are posted on the Attorney General's web site www.aq.ca.gov. The website also offers a searchable database of California charities. Form 990s for 501(c )(3) charities may be found at GuideStar www.quidestar.ord. Date of Incorporation as a Nonprofit: 2 b Federal Identification Number: State Identification Number: Submit and Attach Status Verification from Internal Revenue Services and Franchise Tax Board: 1. httr ://apps.irs.Qov/app/eos/ (print out and attach Deductibility Status) 2. https://www.ftb.ca.gov/online/self serve entity status letterfindex.asp (prinREctEambattach Entity Status Letter) Application: Page 1 of 7 SEP 1 5 201? CITY MANAGER'S OFFICE Has the organization or any members of the Board of Directors of the organization been involved with any personal business transactions valued over $500 including any business transactions, negotiations, investments, or interests in real property with a Temecula City Council Member during the past 12 months? Yes No 7X if Yes, briefly describe: Is a Temecula City Council Member a member of the Board of Directors or an Officer of the organization? Yes No r< If Yes, provide Council Member's Name and title within the organization: This Application has been authorized by the organization's: Executive Committee I Board of Directors Members -at -Large FINANCIAL STATEMENTS Upon request, copies of the current budget of the organization / financial statements (balance statement and income statement), and if available CPA's audit, may be needed to demonstrate sound financial management. Do not submit now. CITY OF TEMECULA FUNDING - OTHER SOURCES Within the past two years, has your organization received (or is your piganization concurrently requesting) any other sources of funding from the City of Temecula? Yes V NoIf Yes, provide information in table below: Type of Funding from City Program, Project or Service(e) Supported by the Grant or Sponsorship Monthllrsar Received Amount 'Za ti.,,, i -Lc% [' .- 1 'f,.. ,r- t=' r. cy 4}-. it c f S `�'P?k'`t «k p. -4‘‘.5. s l G.LJ a C. +r. a t1 3 ^� C L-. r �y I't.c1 [ Ce8. g4{ l MISSION STATEMENT OF ORGANIZATION Briefly describe the goals and objectives, or mission, of your organization. -To pr-ot, cL&. r s- r� r -a l ►'tom ci 5 C r u 1,3 .S' rt a r ^-~ , tl J 0-\C)� �► rva re, 0A<-12_ ^ r MSS Ci C L to r L.[ , - r f o tx rd F "i3 [� y '(‘•C] W 1 V t_ h { �A C+ r l O. r. Ld. t t.� r. C i � e+y i C> [A LL 0 -11 -Cy Application: Page 2 of 7 GRANT FUNDING PROJECT/PROGRAM DESCRIPTION NOTE: Receipts/invoices will be required to be submitted to the City to demonstrate that your organization used grant funding awarded by the City to support the proJect/progrem as described here. See Compliance Reporting Requirements on Application Page 9 for details. 1. Provide a brief description of the Project/Program (and its objectives) that the City of Temecula grant funding will be used to support. r-� \ 3.'. U d .A.,, -1.. IX RAJ cl o ie - pd ck7-s• q— r s ci.. �-:CNA. G- .� o. n 44- -5 1-rk<. __ 1 f t (v {r- i L.s o 1-.1. csr er L s.,pn p 4 \re •-t �. � � w a t.r-L 2. Describe how your organization will use the funding awarded? Include equipment or services that would be purchased and why. c -se S a cVaXe_ lk ca Q c. t1 c_ . J {, CU -Vire ...3r L t J e- S''1 5 - - r- d� c ()Ft r o 2'S •4 ria. i� 3. Explain how the grant funding will specifically benefit Temecula residents. 5 �,•.sntiCL+�lo� ; &t 'C14 -tel c A -a ,.;1� Gs c- -. Q 4 kir a r.-. - 1--k .f 5 -�1 -�. r� �( e".. r,,1 *— t 1 Targeted population (beneficiaries) of Project/Program: `"C w Estimated number of people expected to benefit from this Project/Program: Estimated number of volunteers involved in this Project/Program: —7 s Application; Page 3 of 7 l�l �°"~'', rut ..1" 4. In 30 words or less, summarize how the grant funds, if awarded, will be used. IMPORTANT: This summary will be used in a spreadsheet intended to summarize all Community Service Funding Grant Applications submitted to the City. r r-- c r U \J : c i - S •€ r tti Lam' r) s c.. C L,- c- s r PROJECT/PROGRAM — BUDGET PROJECT/PROGRAM BUDGET Line Items for Project/Program Revenues Expenses VARIOUS TYPES OF REVENUES/INCOME FOR THE PROJECT/PROGRAM: Amount of money requested from the City of Temecula Community Support Grant (Not to exceed $S,000) $ r as b Cash contributed to Project/Program by the Applicant Organization $ P® Other grants or funding already awarded for Project/Program, if any $ In -Kind match amount or volunteer credit hours estimated amount $ . VARIOUS TYPES OF EXPENSES FOR THE SPECIFIC PROJECT/PROGRAM: Staffing expense for Project/Program (this amount is ineligible to be funded by City's Grant; however please include) $ Equipment expense for Project/Program $ 5, Lt c Food expense for Project/Program $ C. Marketing expense for Project/Program $ OF Supplies expense for Project/Program $ Facilities/Rent expense for Project/Program $ 5231 Other expense for Project/Program $ TOTAL BUDGET FOR PROJECT/PROGRAM $ 51 o p $ 5, 4_0 d Application: Page 4 of 7 SIGNATURE PAGE The applicant acknowledges and agrees to the following: • Recipient is subject to all Community Service Funding Program requirements including submittal deadlines and payment disbursements. • Every Community Service Funding application is considered individually and on its own merit. • Awards will be given to organizations and activities that directly benefit the residents of Temecula. • Funding Is not immediately available to the recipient; and requires an award letter signature upon approval. Please allow time for checks to be processed. • The awarding of Community Service Funding does not constitute an automatic annual allocation. • The recognition for Community Service Funding should accrue to the City of Temecula. • Community Service Funding must be spent as specified an the Application and records may be requested by the City of Temecula to ensure the funds were used appropriately. • Community Service Funding grants will not be awarded or announced within the 60 days before an election in which an awarding Council Member is on the ballot, • The recipient shall provide a full accounting with documentation on the use of awarded funds. The recipient shall return to the City any funds not spent or documented per the signed agreement. We hereby certify the information contained in this Application is true to the best of our knowledge and belief. PREPARED BY: SIGNATURE: I .._ 4 C.. cal itis (1` - (a% P 6 i-. ri �+ 4AME and TITLE (Please Print or Type) 1 PRESIDENT or AUTHORIZED OFFICER: NAME and TITLE (Please Print or Type) SIGNATURE: ORGANIZATION NAME: dd+. ^c•- LIZ TELEPHONE: 2 S 2 `t —Caf: Q o DATE: t �t EMAIL ADDRESS: (Month, Day, Year) r— e. l 1r, (g) SUBMIT ORIGINAL APPLICATION BY FRIDAY SEPTEMBER 15, 2017 TO: - Mall for City of Temecula Community Service Funding Attn: City Manager's Office 41000 Main Street Temecula, CA 92590 If you have any questions please contact Betsy Lowrey at (951) 693-3959 or Sue Steffen at (951) 506-5100. Application: Page 7 of 7 FY 2017/2018 COMMUNITY SERVICE FUNDING GRANT APPLICATION # 26 WAVES PROJECT (WOUNDED AMERICAN VETERANS EXPERIENCE SCUBA) ( Rii~GE4IJE0 CITY OF TEMECUI t AUG 1 7 2017 FISCAL YEAR ZO 1 7-201 8 WYr n�ACEa'; COMMUNITY SERVICE FUNDING PROGRAM APPLICATIQ�ICE (Please Print or Type) 2017-18 Program Submission Deadline: Friday, September 15, 2017 PROJECT/PROGRAM INFORMATION Amount Requested: $ 5000.00 (Maximum allowable $5,000 per Organization) Project/Program Title: WAVES Project Dive Therapy and training for Temecula Project/Program Start Date: 7/1/2017 Project/Program End Date: 6130/2018 If Grant is Awarded, Make Check Payable to: WAVES Project, Inc Mailing Address PO Box 1385, Temecula, CA 92593 ORGANIZATION INFORMATION and GEOGRAPHIC AREA SERVED l Name of Applicant Organization: WAVES Project, Inc. Website: wavesproject.org Contact Name: Barbara Rubin Title/Position: Treasurer barbara@wavesproject.com Contact Person's Email Address Telephone:, Number of Paid Staff: 2 Year Organization Founded: 2013 Number of Volunteers: 35 Geographic area(s) the organization serves: Southern California Geographic area the Project/Program will serve (NOTE: Community Service Funding Grant must exclusively be used to serve Temecula) Temecula Include a physical address of Project/Program (if different than Organization's Mailing Address): 32191 Clear Springs Drive, Winchester, CA 92596 is this organization incorporated as a nonprofit organization? Yes X No (If No, then it is ineligible to receive City Funding) Provide a copy of your statement of nonprofit status from the State of California, and the first page (only) of the most recent IRS Form 990. IRS Form 990 is a public record. Form 990s for all charities registered in California are posted on the Attorney General's web site www.ag.ca.c ov. The website also offers a searchable database of California charities. Form 990s for 501(c )(3) charities may be found at GuideStar www.guidestar.orq. Date of Incorporation as a Nonprofit: 9-25-2013 Federal Identification Number: State Identification Number: BIM Submit and Attach Status Verification from Internal Revenue Services and Franchise Tax Board: 1. http:llapas.irs.govlapgfeos/ (print out and attach Deductibility Status) 2. https:flwww.ftb.ca.govfonlinelself serve entity status ietterfindex.asp (print out and attach Entity Status Letter) Application: Page 1 of 7 Has the organization or any members of the Board of Directors of the organization been involved with any personal business transactions valued over $500 including any business transactions, negotiations, investments, or interests in real property with a Temecula City Council Member during the past 12 months? Yes No X If Yes, briefly describe: Is a Temecula City Council Member a member of the Board of Directors or an Officer of the organization? Yes No X If Yes, provide Council Member's Name and title within the organization: This Application has been authorized by the organization's: Executive Committee X Board of Directors Members -at -Large FINANCIAL STATEMENTS Upon request, copies of the current budget of the organization 1 financial statements (balance statement and income statement), and if available CPA's audit, may be needed to demonstrate sound financial management. Do not submit now. CITY OF TEMECULA FUNDING — OTHER SOURCES Within the past two years, has your organization received (or is your organization concurrently requesting) any other sources of funding from the City of Temecula? Yes x No If Yes, provide information in table below: Type of FundingMonth/Year from City Program, Project or Service(s) Supported by the Grant or Sponsorship Received 1 Amount Council member Grant/EdwardsBasic SCUBA diving training for disabled veterans 10/2015 $500 Council member Grant/McCracken Basic SCUBA diving training for disabled veterans 10/2015 $500 MISSION STATEMENT OF ORGANIZATION Briefly describe the goals and objectives, or mission, of your organization. WAVES Project stands for Wounded American Veterans Experience SCUBA. We use the platform of SCUBA diving to assist veterans with service connected disabilities with their recovery. We train the veteran and a diving buddy of their choice in SUUBA encouraging camarade and fellowship with other likeminded individuals. We work with all types of disabilities including paralysis._ amputations, brain iniury and Pos Traumatic Stress and Anxiety disorders. The therapeutic value of water is a great benefit to reduce pain and the calming effect of being un_ there is no specific cure for these conditions, but regularly scheduled activities provide the best long term treatment results. Generally, the dive buddy team Includes a family member. friend or spouse which is frequently also their caregiver. Our mission statement is: RECOVER - Through Adventure, DISCOVER - Our Underwater World, REBUILD - Families & Relationships Application: Page 2 of 7 Has the organization or any .oembers of the Board of Directors of organization been involved with any personal business transactions valued over $500 including any business transactions, negotiations, investments, or interests in real property with a Temecula City Council Member during the past 12 months? Yes No If Yes, briefly describe: Is a Temecula City Council Member a member of the Board of Directors or an Officer of the organization? Yes No If Yes; provide Council Member's Name and title within the organization: This Application has been authorized by the organization's: Executive Committee Board of Directors Members -at -Large FINANCIAL STATEMENTS Upon request, copies of the current budget of the organization / financial statements (balance statement and income statement), and if available CPA's audit, may be needed to demonstrate sound financial management. Do not submit now. CITY OF TEMECULA FUNDING — OTHER SOURCES Within the past two years, has your organization received (or is your organization concurrently requesting) any other sources of funding from the City of Temecula? Yes No_ If Yes, provide information in table below: Type of Funding from City Program, Project or Service(s) Supported by the Grantor Sponsorship MonthlYear Received Amount THE FOLLOWING FUNDING NOT INITIALLY ON FY 2017/2018 APPLICATION. RESEARCHED & CONFIRMED FUNDING BELOW ALSO RECEIVED BY APPLICANT: WAVES FY16-17 CSF WOUNDED AMERICAN VETERANS EXPERIENCE SCUBA (WAVES) PROJECT: Advanced Scuba Training Jan 2017 4,768.84 FY15-16 CSF WOUNDED AMERICAN VETERANS EXPERIENCE SCUBA (WAVES) PROJECT: Advanced Scuba Training Jan 2016 5,000 MISSION STATEMENT OF ORGANIZATION Briefly describe the goals and objectives, or mission, of your organization. Application: Page 2 of 7 GRAN . : UNDING PROJECT/PROGRAM k ,CRIPTION NOTE: Receipts/invoices will be required to be submitted to the City to demonstrate that your organization used grant funding awarded by the City to support the project/program as described here. See Compliance Reporting Requirements on Application Page 9 for details. 1. Provide a brief description of the Project1Program (and its objectives) that the City of Temecula grant funding will be used to support. The project is to provide ongoing supe rt for veterans with service connected disabilities. The desired outcome of this program is to help veterans learn to control and manage the symptoms of Post -Traumatic Stress and Anxiety through SCUBA as well as aid with pain managementintegrating these veterans into our community of divers with similar by volunteers at Stanbridge llniversity in Irvine to evaluate the effectiveness. f This therapy__ Breathing and visualization exercises further aid those with stress or anxiety learn to manage their symptoms. Camaraderie is a big factor in our program and we encourage group activities to achieve that goal. Divers bond with their dive buddies and learn to rely who may -have the same needs they have - 2. Describe how your organization will use the funding awarded? Include equipment or services that would be purchased and why. We will pay for boat transportation to dive sites like Catalina island. Point Loma or other southern California coastal locations. We provide all diving equipment required for each diver including mask, fins, snorkel, boots, gloves, wet -suit, buoyancy compensator, regulator, SCUBA air cylinders and weights. In addition we transport the SCUBA ei gear at Elle dove srte. We alba service dll of the._,Sliiipment_and perform the required safety inspections to eos_ore it is always in good working order We contract with certified dive professionals who have been specially trained to work with divers who have a disability. These dive professionals will conduct varied training exercises to improve the divers skills and comfort in the water. inose veterans with special pnysicai needs are helped to Me dive sites, sometimes irtey are cameo Cy our dive • ■ • - - ■ r . ■ ., .. ... diver. We purchase training materials to support each new activity as well as specialized equipment to meet the specific needs of each diver. 3. Explain how the grant funding will specifically benefit Temecula residents. We currently have 13 Temecula residents who have taken part in our training programs. We have seen individuals who have found new purpose in life while involved in the WAVES Project's program. Those who do not continue with us in an ongoing way do not receive the full benefit which is why we are extending it to a full year program. Targeted population (beneficiaries) of Project/Program: Veterans with disabilities Estimated number of people expected to benefit from this Project/Program: 20 Estimated number of volunteers involved in this Project/Program: 10 Application: Page 3 of 7 4. In 30 words or less, summarize how the grant funds, if awarded, will be used. IMPORTANT: This summary will be used in a spreadsheet intended to summarize all Community Service Funding Grant Applications submitted to the City. Provide regularly scheduled SCUBA diving activities to veterans with disabilities. Includes boat transportation to dive sites dive equipment and a dive professional will lead the dive for training and support, PROJECT/PROGRAM — BUDGET PROTECT/PROGRAM BUDGET Line Items for Project/Program Revenues Expenses VARIOUS TYPES OF REVENUES/INCOME FOR THE PROJECT/PROGRAM: Amount of money requested from the City of Temecula Community Support Grant (Not to exceed $5,000) $ 5,000 Cash contributed to Project/Program by the Applicant Organization $ 10,000 Other grants or funding already awarded for Project/Program, if any $ 9,000 In -Kind match amount or volunteer credit hours estimated amount $ 5,000 VARIOUS TYPES OF EXPENSES FOR THE SPECIFIC PROJECT/PROGRAM: Staffing expense for Project/Program (this amount is ineligible to be funded by City's Grant; however please include) $ 2,000 Equipment expense for Project/Program $ 10,000 Food expense for Project/Program $ Marketing expense for Project/Program $ Supplies expense for Project/Program $ 1,000 Facilities/Rent expense for Project/Program $ 2,500 Other expense for Project/Program Boat transportation costs $ 8,500 TOTAL BUDGET FOR PROJECT/PROGRAM $ $ 24,000 Application: Page 4 of 7 FY 2016-17 (PREVIOUS FISCAL YEAR) COMPLIANCE REPORT If your organization was awarded a Community Service Funding Grant in Fiscal Year 2016-17 (last year) by the City of Temecula, please submit this information. If your organization was NOT awarded a Community Service Funding Grant in Fiscal Year 2016-17 (last year), skip this page. If your organization was awarded a Community Service Funding Grant in Fiscal Year 2016-17 (last year) by the City of Temecula, all grant funds received must have been expended prior to June 30, 2017. In addition, all grant funds must be substantiated with proper back-up documentation. Failure to provide proper documentation may jeopardize any future funding. City of Temecula reserves the right to conduct an audit and/or require additional back-up information to substantiate how funds received from the City were spent. If the funds were not spent in accordance with the approved purpose stated on the Application, the organization will be required to refund the amount of funds. To substantiate that Fiscal Year 2016-17 funds received from the City were spent appropriately, proper back-up documentation must be submitted to the City by Friday, September 15, 2017 to include the following: 1. Copies of invoices/receipts; and 2. For each invoice/receipt, provide a written narrative that explains each of the expenditures listed on the invoicefreceipt. Attach the table shown below to each invoice/receipt (add more rows as needed for each expenditure listed on the invoice/receipt) This is due by September 15, 2017. Fill out table, attach receipts/invoices, and provide to City of Temecula, 41000 Main Street, Temecula, CA 92590 Attn: City Manager's Office by Friday, September 15, 2017. (Make additional copies or larger table if needed in order to explain all expenditures.) Organization: Project/Program Name: Amount of Grant Funding Awarded: Month and Year Grant Received from City: Date of Invoice/Receipt Describe the expenditure and Must be dated between July 1, 2016 the purpose of the expenditure —June 30, 2017 2/17/17 3118/17 6/21/17 6/25/17 4/3/2017 5/9/17 6/25/17 MUST support Project/Program description noted on Application Advanced training for Rescue Diver Traininf for Discover SCUBA class for Advanced training for Open Water training fordimileilim Advanced training for Advanced training for Explain how the expenditure specifically benefitted Temecula residents If names/addresses of Temecula beneficiaries are available, please attach Spring Place Court Swoboda Court Sierra Court Teton Trail Corrigan Place Application: Page 5 of 7 Amount of Expenditure $558.89 $473.70 $35 $1035.78 $1352.00 $1029.78 $567.89 SIGNATURE PAGE The applicant acknowledges and agrees to the following: • Recipient is subject to all Community Service Funding Program requirements including submittal deadlines and payment disbursements. • Every Community Service Funding application is considered individually and on its own merit. • Awards will be given to organizations and activities that directly benefit the residents of Temecula. • Funding is not immediately available to the recipient; and requires an award letter signature upon approval. Please allow time for checks to be processed. • The awarding of Community Service Funding does not constitute an automatic annual allocation. • The recognition for Community Service Funding should accrue to the City of Temecula. • Community Service Funding must be spent as specified on the Application and records may be requested by the City of Temecula to ensure the funds were used appropriately. • Community Service Funding grants will not be awarded or announced within the 60 days before an election in which an awarding Council Member is on the ballot • The recipient shall provide a full accounting with documentation on the use of awarded funds. The recipient shall return to the City any funds not spent or documented per the signed agreement. We hereby certify the information contained in this Application is true to the best of our knowledge and belief. PREPARED 3 I BY: ci. r J o_ u, 71 AME and TITL SIGNATURE: PRESIDENT or AUTHORIZED OFFICER: SIGNATURE: ORGANIZATION NAME: TELEPHONE: (Please Print or Type) 7cor--baro(_.--Ru _Ci11'] / r i2 °c a / -U NAME and TITLE (Please Print or Type) tt,,t4„ 1,611,L Pro DATE: 111-210/ (Mon,Day, Year EMAIL ADDRESS: (-ham 6)U%esinci-,6orr, SUBMIT ORIGINAL APPLICATION BY FRIDAY SEPTEMBER 15, 2017 TO: Mail to: City of Temecula Community Service Funding Attn: City Manager's Office 41000 Main Street Temecula, CA 92590 If you have any questions please contact Betsy Lowrey at (951) 693-3959 or Sue Steffen at (951) 506-5100. Application: Page 7 of 7 Item No. 16 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works/City Engineer DATE: October 24, 2017 SUBJECT: Presentation by Riverside County Flood Control & Water Conservation District for Santa Margarita River Water Quality Improvement Plan (SMR-WQIP) PREPARED BY: Steve Charette, Interim Senior Civil Engineer Stuart Kuhn, Associate Engineer 11 RECOMMENDATION: That the City Council receive a presentation from Riverside County Flood Control & Water Conservation District regarding the Santa Margarita River Water Quality Improvement Plan (SMR-WQIP). BACKGROUND: As part of the development of the Water Quality Improvement Plan (WQIP) for the Santa Margarita River watershed, the regional Permittees of the MS4 permit are required to participate in a public participation program. As an educational outreach to the City Council and public, Riverside County Flood Control & Water Conservation District (RCFC&WCD) will provide a fifteen -minute presentation to the City Council on the Santa Margarita River Water Quality Improvement Plan (SMR-WQIP). The MS4 permit includes a requirement to develop a WQIP to help identify and prioritize water quality conditions within watersheds and outline adaptive strategies to address those priorities. The Santa Margarita River is the longest free-flowing, undammed river in the region. The SMR watershed supports a wide variety of beneficial uses including recreation, water supply, food supply, industry, and aquatic life. In addition to the beneficial uses, habitat conservation and connectivity within the watershed are important issues. The water quality improvement plan is being developed to protect the beneficial uses of the SMR reviving waters. The presentation will also include specific SMR-WQIP information pertaining to the City of Temecula. There will be a ten-minute Power Point presentation followed by a five-minute question and answer period. The presenters will include representatives of RCFC&WCD and City Public Works staff. FISCAL IMPACT: None ATTACHMENTS: None Item No. 17 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Assistant City Manager DATE: October 24, 2017 SUBJECT: Establish the Southwest Riverside County Energy Authority (SRCEA), Joint Powers Authority, and Approval of Various Agreements to Enable the City to Purchase Solar Generated Electricity from the Santa Margarita Ecological Reserve Solar Power Generating Facility RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, APPROVING A JOINT POWERS AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND THE CITY OF TEMECULA FOR THE ESTABLISHMENT OF THE SOUTHWEST RIVERSIDE COUNTY ENERGY AUTHORITY (SRCEA) 2. Appoint two Members of the City Council to serve as Directors of SRCEA; 3. Adopt a Resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ACTING AS THE LEGISLATIVE BODY OF CITY OF TEMECULA AND AS A MEMBER OF THE SOUTHWEST RIVERSIDE COUNTY ENERGY AUTHORITY (SRCEA), APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY BY RESPONSIBLE OFFICERS OF THE SRCEA THE SOLAR POWER PURCHASE AGREEMENT, THE SUBLEASE AGREEMENT, THE LICENSE USE AGREEMENT, AND THE INTERCONNECTION AGREEMENT, AND APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE GUARANTEE OF THE POWER PURCHASE AGREEMENT ANALYSIS May 2016 Solar Power Generating Facility at SMER and Solar Power Purchase Agreements On May 10, 2016, the City Council approved several agreements that would enable the City to purchase electrical power for various City facilities from the solar power generating facility to be constructed on land in the Santa Margarita Ecological Reserve. The cost of the electricity from this solar power generating facility to the City will initially be approximately 10% less than the cost of electricity available to the City from Southern California Edison Company. As electricity rates increase over time the saving to the City will increase correspondingly. The solar power generating facility will be constructed by SMER Research 1, LLC, under a ground lease with San Diego State University, the owner of the Santa Margarita Ecological Reserve, aka the "SMER," for the land known as the "Santa Margarita Ecological Reserve SOLAR Initiative Research Site." Electricity will be generated by the collection of sunlight onto an array of photovoltaic cells on the ground. Sufficient electricity will be generated to serve the City of Temecula's facilities as well as facilities for another governmental entity. In addition to the public benefits of lower electricity rates and obtaining electricity from a renewable source of power, SMER Research 1 and San Diego State University have agreed to conduct substantial academic research projects at the solar power generating facility site that will study solar radiation, solar energy, soils, and other meteorological and geotechnical data as well as habitat and habitat restoration. The City's role in this Project is only is only as a purchaser of electricity. SMER Research 1 will design the Project, obtain all required permits through the California Public Utilities Commission and construct the Project at its sole cost and expense. A copy of the May 10, 2016 Staff Report describing the Project and the original agreements in greater detail is attached to this Report Changes to the Project The "Local Government Renewable Energy Self -Generation Program" under Public Utilities Code Section 2830 is the State law that authorizes the City's purchase of electricity generated at Santa Margarita facility. At the time the original agreements were approved in May 2016, this law only allowed the City or other governmental agencies located within the boundaries of the City in which the solar generating facility was located to purchase electricity from the solar generating facility. The law has been amended, effective January 2017, to allow cities and other governmental agencies to form a joint powers authority to take advantage of the lower electrical rates from a solar generating facility so long as the members of the joint powers authority are located in the same county and are served by the same electric utility. As a result of this change in law, the City of Lake Elsinore has proposed to enter into a joint powers agreement with the City of Temecula that will allow both cities to take advantage of the electrical rate savings from the purchase of electricity generated by the solar power generating facility to be constructed on the "Santa Margarita Ecological Reserve SOLAR Initiative Research Site." New Agreements The City will need to approve a joint powers agreement forming the "Southwest Riverside County Energy Authority" ("SRCEA"). SRCEA will have four directors, two council members from the City of Lake Elsinore and two from the City of Temecula. Alternate directors will be the City Managers of each city. SCREA will have the authority to enter into the necessary power purchase agreements and sublease agreements necessary to enable the cities to purchase electricity from the Facility. The Power Purchase Agreements that SCREA will enter into with SMER Research I on behalf of each city will be the same as the Power Purchase Agreement the City of Temecula entered into with SMER Research I in May 2016 with one exception. The termination fee for the City of Temecula if it decides to cancel the Power Purchase Agreement or defaults will be reduced from a year 1 payment of $6,764,024 in the May 2016 agreement to $4,193,694.88 in year 1 of the proposed new Power Purchase Agreement. This reduction is due to the addition of power sales to City of Lake Elsinore and a proportional sharing of the risk of default. The amount is reduced each year during the term of the agreement. Lake Elsinore will also have a termination fee to pay in the event of cancellation for default. The attached Resolution authorizes the City's representatives to the SCREA to approve the Power Purchase Agreement, the Sublease, and the License Use Agreement between SMER Research I and SCREA and the Interconnection Agreement between SCREA and Southern California Edison Company. The Resolution also approves the financial guarantee by the City of Temecula that it will purchase the electricity as provided in the Power Purchase Agreement. Lake Elsinore will also be required to approve an identical financial guarantee. Additionally, the Resolution also provides that the approval of these new Agreements are conditioned upon the termination of the Agreements approved on May 10, 2016 and certifications issued in connection with these agreements. FISCAL IMPACT: There is no cost to the City to enter into the new Agreements other than Staff time. The City will realize a savings in electrical energy costs by purchasing electricity generated by the Solar Generating Facility. All costs related to the design and construction of the Solar Generating Facility and the interconnection facilities to get the electricity from the Solar Generating Facility to the various Temecula and Lake Elsinore facilities will be paid by SMER Research 1. ATTACHMENTS: 1. Resolution approving the Joint Powers Agreement establishing the Southwest Riverside County Energy Authority 2. Resolution approving the new Power Purchase Agreement, Sublease Agreement, License Use Agreement, Interconnection Agreement and related agreements 3. Joint Powers Agreement establishing the Southwest Riverside County Energy Authority 4. May 10, 2016 Staff Report 5. Proposed Power Purchase Agreement between SCREA and SMER Research I RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, APPROVING A JOINT POWERS AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND THE CITY OF TEMECULA FOR THE ESTABLISHMENT OF THE SOUTHWEST RIVERSIDE COUNTY ENERGY AUTHORITY (SRCEA) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby find, determine and declare that: A. The Local Government Renewable Energy Self -Generation Program, Public Utilities Code Section 2830, requires that the investor-owned utilities like Southern California Edison ("SCE") offer a tariff (commonly referred to as the "The Renewable Energy Self -Generation Bill Credit Transfer Program" or "RES -BCT" tariff) that allows "Local Governments" to generate energy from an "Eligible Renewable Generating Facility" for their own use as a "Generating Account," export energy not consumed at the time of generation by the Generating Account onto SCE's grid, and have a bill credit applied to designated "Benefiting Accounts" for the energy exported onto SCE's grid (as such terms are defined therein). B. Assembly Bill 1773, signed into law on September 26, 2016, amended Public Utilities Code Section 2830 to expand the definition of an eligible "Local Government" to include certain joint powers authorities, and to provide the eligibility requirements for Benefiting Accounts of such authorities. Specifically, the definition of "Local Government" was revised in Section 2830(a)(6) to include "a joint powers authority formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code) that has as members public agencies located within the same county and same electrical corporation service territory, ...". C. Assembly Bill 1773 further added a new subsection (b) to Section 2830(a)(1) to provide the eligibility requirements for Benefiting Accounts of joint powers authorities as follows: "The account or accounts belong to members of a joint powers authority and are located within the geographical boundaries of the group of public agencies that formed the joint powers authority, if the eligible renewable generating facility and electricity account or accounts are wholly located within the confines of a single county within which the joint powers authority is located and electric service is provided by a single electrical corporation, with the account or accounts being mutually agreed upon by the joint powers authority and the electrical corporation," D. The City of Lake Elsinore and the City of Temecula are located entirely within Riverside County and are exclusively within the service territory of SCE. E. The City of Temecula desires to participate in the Local Government Renewable Self -Generation Program pursuant to Public Utilities Code Section 2830 as a member of a joint powers authority that is comprised of members that are public agencies and are authorized and empowered to contract with all the other members for the joint exercise of powers under Articles 1 and 11, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the California Government Code (the "Act"). SECTION 2. The City of Temecula hereby approves the Joint Powers Agreement of the Southwest Riverside County Energy Authority, on file as a public record in the Office of the City Clerk, and the establishment of the Southwest Riverside County Energy Authority (SRCEA) and authorizes the Mayor to execute such agreement on behalf of the City in substantially the form presented to the City Council. SECTION 3. The City Council of the City of Temecula shall appoint two (2) of its members to serve on the Board of Directors for the SRCEA and shall annually confirm such appointments. SECTION 4. The City Manager of the City of Temecula (or his/her designee provided that such designee is the Assistant City Manager or a Department Director) is hereby appointed as the City of Temecula alternate to the Board of Directors for the SRCEA. SECTION 5. This Resolution shall take effect immediately upon its adoption. SECTION 6. The City Clerk shall certify to the passage of this Resolution PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of October, 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 24th day of October, 2017, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF TEMECULA AND AS A MEMBER OF THE SOUTHWEST RIVERSIDE COUNTY ENERGY AUTHORITY (SRCEA), APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY BY RESPONSIBLE OFFICERS OF THE SRCEA OF THE SOLAR POWER PURCHASE AGREEMENT, THE SUBLEASE AGREEMENT, THE LICENSE USE AGREEMENT, AND THE INTERCONNECTION AGREEMENT, AND APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE GUARANTEE OF THE POWER PURCHASE AGREEMENT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Recitals. The City Council of the City of Temecula ("City Council") does hereby find, determine and declare that: A. The City Council has authorized the formation of the Southwest Riverside County Energy Authority ("SRCEA"), a joint exercise of powers authority duly organized and existing under and pursuant to that certain Joint Powers Agreement by and between the City of Lake Elsinore and the City of Temecula, under the provisions of Articles 1 through 4 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 (commencing with Section 6500) of the California Government Code (the "Act"). B. The City of Temecula ("City"), acting through the SRCEA, desires to participate in the Local Government Renewable Self -Generation Program pursuant to Public Utilities Code Section 2830 wherein Southern California Edison ("SCE") offer a tariff (commonly referred to as the "The Renewable Energy Self -Generation Bill Credit Transfer Program" or "RES -BCT" tariff) which allows a local government to generate electricity at one "generating account" and transfer any available bill credit to one or several "benefiting accounts." C. SMER Research 1, LLC desires to install an electricity grid -connected photovoltaic solar power plant on a portion of the Santa Margarita Ecological Research owned by San Diego State University and utilize such plant in connection with the RES - BCT. D. The proposed solar power plant for the benefit of the City of Lake Elsinore account will have generating capacity of approximately 1.43MW (2,424,000 kilowatt hours) of electricity and an adjacent facility that is also proposed that will produce about 2.25MW of electricity for the benefit of the City of Temecula account. E. SMER Research 1, LLC and San Diego State University would also engage in research at Santa Margarita Ecological Research that would benefit future renewable energy development and habitat restoration in Riverside County. F. The City Council desires to authorize its representatives to the SRCEA to approve and authorize the execution and delivery of certain agreements, namely the Solar Power Purchase Agreement, the Sublease Agreement, the License Agreement, and the Interconnection Agreement (as such terms are defined below), the forms of which are on file in the Office of the City Clerk. G. The City Council desires to approve and authorize execution and delivery of the Guarantee of the Solar Power Purchase Agreement (Exhibit I to the Power Purchase Agreement). H. On May 10, 2016 the City Council adopted Resolution No. 2016-27 approving certain agreements relating to the City of Temecula's purchase of solar power from SMER 1 and the City Manager executed on behalf of the City several certificates and agreements to implement the agreements. The approval of the agreements approved by Resolution No. 2016-27 is conditioned upon the termination of these agreements and termination of the certificates and agreements executed by the City Manager of the City of Temecula ("City Manager"). SECTION 2. In accordance with the California Environmental Quality Act (CEQA), the City's approval of the proposed Power Purchase Agreement, Sublease, License Agreement and Interconnection Agreement is exempt from CEQA and further environmental review and a Notice of Exemption will be filed in compliance with CEQA under Section 15061(b)(3) of the CEQA Guidelines. The proposed agreements only provide for the purchase of electricity by the City of Temecula from SMER Research 1, LLC. The City is not approving any facilities for the generation of electricity and is not participating in the construction of any structures or facilities for the generation of electricity. The City is only approving the purchase of electricity. The Sublease and License Agreement with respect to the solar generating site are only pass-throughs of the obligations of and benefits to SMER Research 1, LLC of the existing Ground Lease between SMER Research 1, LLC and San Diego State University dated October 21, 2014 and do not provide for any new or modified structures or facilities or new or modified uses beyond those designated in the Ground Lease. As such, there is no possibility that the proposed agreements will have a significant effect on the environment. SECTION 3. The form of the Solar Power Purchase Agreement between SMER Research 1 and SRCEA ("Power Purchase Agreement") is hereby approved. The designated members of the City Council (and/or designated alternate) serving as the City's representatives on the SRCEA's Board of Directors (each, a "Responsible Officer"), are hereby authorized to approve and take such other actions as are necessary to execute and deliver the Power Purchase Agreement in the form on file with the Office of the City Clerk of the City of Temecula ("City Clerk") with such changes, insertions and omissions as may be approved by the Responsible Officers, with the advice of the City Attorney of the City of Temecula ("City Attorney"), such approval to be conclusively evidenced by the execution and delivery thereof. The approval of this agreement and the actions of the Responsible Officers are conditioned upon the termination of the Agreements and certifications described in Section 9. SECTION 4. The form of the Sublease Agreement between SMER Research 1, LLC and SRCEA ("Sublease Agreement") is hereby approved. The Responsible Officers are hereby authorized to approve and take such other actions as are necessary to execute and deliver the Sublease Agreement in the form on file with the Office of the City Clerk with such changes, insertions and omissions as may be approved by the Responsible Officers, with the advice of the City Attorney, such approval to be conclusively evidenced by the execution and delivery thereof. The approval of this agreement and the actions of the Responsible Officers are conditioned upon the termination of the Agreements and certifications described in Section 9. The approval of this agreement and the actions of the Responsible Officers are conditioned upon the termination of the Agreements and certifications described in Section 9. SECTION 5. The form of the License Use Agreement between SMER Research 1, LLC and SRCEA ("License Agreement") is hereby approved. The Responsible Officers are hereby authorized to approve and take such other actions as are necessary to execute and deliver the License Agreement in the form on file with the Office of the City Clerk with such changes, insertions and omissions as may be approved by the Responsible Officers, with the advice of the City Attorney, such approval to be conclusively evidenced by the execution and delivery thereof. The approval of this agreement and the actions of the Responsible Officers are conditioned upon the termination of the Agreements and certifications described in Section 9. SECTION 6. The form of the Rule 21 Generator Interconnection Agreement (GIA) for Exporting Generating Facilities Interconnection Under the Fast Track Process between [intentionally blank] and Southern California Edison Company (the "Interconnection Agreement") is hereby approved. The Responsible Officers are hereby authorized to approve and take such other actions as are necessary to execute and deliver the Interconnection Agreement in the form on file with the Office of the City Clerk with such changes, insertions and omissions as may be approved by the Responsible Officers, with the advice of the City Attorney, such approval to be conclusively evidenced by the execution and delivery thereof. The approval of this agreement and the actions of the Responsible Officers are conditioned upon the termination of the Agreements and certifications described in Section 9. SECTION 7. The form Guarantee to Solar Power Purchase Agreement (Exhibit I of the Power Purchase Agreement; hereinafter the "Guarantee") is hereby approved. The City Manager is hereby authorized and directed to execute the Guarantee on behalf of the City of Temecula. The approval of this agreement and the actions of the City Manager are conditioned upon the termination of the Agreements and certifications described in Section 9. SECTION 8. The Responsible Officers, and each of them, are authorized and directed, for and in the name and on behalf of the City and as the City's representatives serving on the SRCEA's Board of Directors, to take all actions necessary and convenient to implement the agreements described in this resolution and to enter into such additional agreements as many be necessary and convenient to implement the agreements, including but not limited to, executing estoppel certificates, operating memoranda and agreements, certifications, escrow and similar agreements and actions. The authority to approve such agreements and take the actions described in this Section are conditioned upon the termination of the 2016 Agreements and related certifications described in Section 9. SECTION 9. On May 10, 2016, the City Council adopted Resolution No. 2016-27 approving the following agreements (the "2016 Agreements"): (1) "Solar Power Purchase Agreement" between the City and SMER Research 1, LLC; (2) "Sublease Agreement" between the City and SMER Research 1, LLC, on City Controlled Real Property, Located at the Santa Margarita Ecological Research Reserve Solar Initiative Research Site, Riverside County California," as amended in 2017; (3) "License Agreement by and between SMER Research 1, LLC, and the City of Temecula on City Controlled Real Property, Located at the Santa Margarita Ecological Research Reserve Solar Initiative Research Site, Riverside County California;" and (4) "Rule 21 Generator Interconnection Agreement (GIA) for Exporting Generating Facilities Interconnecting Under the Fast Track Process between the City of Temecula and Southern California Edison Company Project: SDSU 2 (SCE GFID 8284)." The City Manager has executed on behalf of the City certain certifications and estoppel certificates related to and contemplated by the 2016 Agreements. The City Manager is hereby authorized and directed to enter into a termination agreement or termination agreements for the 2016 Agreements and to advise the parties to which City Manager has provided certifications and estoppel certificates that the 2016 Agreements have been terminated and the certificates and estoppel certificated related to and contemplated by the 2016 Agreements have been withdrawn and are no longer valid. SECTION 10. The City Manager is authorized and directed to take all actions necessary and convenient to implement the agreements approved by this Resolution and to enter into such additional agreements on behalf of the City and provide such certifications and estoppel certificates on behalf of the City related to or contemplated by the agreements approved by this resolution or as may be necessary or convenient to implement the agreements approved by this Resolution, including but not limited to, estoppel certificates, operating memoranda and agreements, certifications, escrow, and similar agreements and actions. SECTION 11. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of October, 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 24th day of October, 2017, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk JOINT POWERS AGREEMENT OF THE SOUTHWEST RIVERSIDE COUNTY ENERGY AUTHORITY This JOINT POWERS AGREEMENT OF THE SOUTHWEST RIVERSIDE COUNTY ENERGY AUTHORITY (this "Agreement"), is made and entered into pursuant to the provisions of California Government Section 6500 et seq., and is made effective as of , 2017. RECITALS A. The Southwest Riverside County Energy Authority ("SRCEA") is comprised of members that are public agencies and are authorized and empowered to contract with all the other members for the joint exercise of powers under Articles I and II, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the California Government Code (the "Act"). B. The Local Government Renewable Energy Self -Generation Program, Public Utilities Code Section 2830, requires that the investor-owned utilities like Southern California Edison ("SCE") offer a tariff that allows "Local Governments" to generate energy from an "Eligible Renewable Generating Facility" for their own use as a "Generating Account," export energy not consumed at the time of generation by the Generating Account onto SCE's grid, and have a bill credit applied to designated "Benefiting Accounts" for the energy exported onto SCE's grid (as such terms are defined therein). C. Assembly Bill 1773, signed into law on September 26, 2016, amended Public Utilities Code Section 2830 to expand the definition of an eligible "Local Government" to include certain joint powers authorities, and to provide the eligibility requirements for Benefiting Accounts of such authorities. Specifically, the definition of "Local Government" was revised in Section 2830(a)(6) to include "a joint powers authority formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code) that has as members public agencies located within the same county and same electrical corporation service territory, ...." D. Assembly Bill 1773 further added a new subsection (b) to Section 2830(a)(1) to provide the eligibility requirements for Benefiting Accounts of joint powers authorities as follows: "The account or accounts belong to members of a joint powers authority and are located within the geographical boundaries of the group of public agencies that formed the joint powers authority, if the eligible renewable generating facility and electricity account or accounts are wholly located within the confines of a single county within which the joint powers authority is located and electric service is provided by a single electrical corporation, with the account or accounts being mutually agreed upon by the joint powers authority and the electrical corporation." E. The member agencies of the SRCEA are located entirely within Riverside County and are exclusively within the service territory of SCE, and therefore desire to administer and participate in the Local Government Renewable Self -Generation Program pursuant to Public 18194 1 Utilities Code Section 2830 as an eligible joint powers authority. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned public agencies, collectively referred to herein as the "Members," enter into the Joint Powers Agreement and agree as follows: ARTICLE I. — AUTHORITY FORMATION Section 1.01 Formation of Southwest Riverside County Energy Authority. Pursuant to the Act, the Members hereby create a joint powers agency to be known as the Southwest Riverside County Energy Authority. Section 1.02 Separate Public Entity. The SRCEA is a public entity separate from the Members within the meaning of Government Code Section 6507. Section 1.03 Parties to the Agreement. For purposes of this Agreement, each Member intends to, and does, contract with every other Member which is a signatory to this Agreement. The withdrawal of any Member from this Agreement does not affect its validity or enforceability as to the remaining Members, nor any remaining Member's intent to contract with any of the others. Section 1.04 Membership. In addition to the original forming Members, any "public agency" as defined in Government Code Section 6500 located solely with Riverside County and SCE's service territory is eligible for membership in the SRCEA. Upon approval by a two-thirds (2/3) majority vote of the full Board and payment of any applicable fees and charges, any such public agency may become a Member if: (a) its governing body duly approves membership and agrees to all of the terms of this Joint Powers Agreement, and (b) an authorized officer of such agency executes this Agreement on its behalf. ARTICLE II. — PURPOSES AND POWERS Section 2.01 Purpose. The purpose of the SRCEA is to implement the sustainable energy initiative offered through the Local Government Renewable Energy Self -Generation Program that advance the use of clean, efficient and renewable resources available in the region for the benefit of the Member agencies, their constituents, and the Member's Benefiting Account. Section 2.02 Powers. The SRCEA is authorized, in its own name, to do all acts necessary to fulfill the purposes of this Agreement including, without limitation, each of the following: (a) receive grants, contributions and donations of property, funds, services and other forms of assistance from any public or private source; 2 (b) to identify sites and other strategic opportunities to own, lease or otherwise control Eligible Renewable Generating Facility such that a Generating Account may be established; (c) make and enter into contracts, including but not limited, contracts and such other ancillary agreements for the purpose of participating in the Local Government Renewable Energy Self -Generation Program, Public Utilities Code Section 2830; (d) make and enter into contracts and such other ancillary agreements for the purposes of allocating any excess output of any Member' Eligible Renewable Generating Facility to another Member's Generating Account so that each Member may fully realize the economic benefit of participation in the Local Government Renewable Energy Self -Generation Program; (e) assure that each Member receives the benefit of the Member's Benefited Account; (f) incur debts, liabilities and obligations; provided, that no debt, liability or obligation of the SRCEA is a debt, liability or obligation of any Member except as separately agreed to by such Member; (g) acquire, hold, construct, manage, maintain, sell or otherwise dispose of real and personal property by appropriate means, excepting therefrom the acquisition of real property through the exercise of eminent domain; (h) sue and be sued in its own name; (i) employ agents and employees; (j) lease real or personal property as lessee and as lessor; (k) receive, collect, invest and disburse moneys; (1) issue revenue bonds or other forms of indebtedness, as provided by law; (m) adopt ordinances; (n) assign, delegate or contract with a Member or third party to administer or execute this Agreement or to perform any of the functions of the Board, as permitted by law; and (o) exercise all other powers necessary and proper to carry out the provisions of this Agreement. These powers shall be exercised subject only to the limitations set forth in this Agreement, any bylaws, applicable law (including local zoning, building, or other ordinances or regulations arising from the jurisdictions in which the SRCEA is engaged in any specific activity), and any restrictions upon the manner of exercising such powers imposed by law upon the Members in the exercise of similar powers. 3 ARTICLE III. INTERNAL GOVERNANCE Section 3.01 Board of Directors. There is hereby created a Board of Directors ("Board"), which shall serve as the governing body of the SRCEA, and shall exercise or oversee the exercise of all powers and authority on behalf of the SRCEA as set forth herein. Each Member shall designate two persons as members of the Board ("Director") and one person as an alternate member of the Board ("Alternate Director"). Each Director shall be an elected official of the governing body of the Member that he or she represents. Each Alternate Director may be an elected official of the governing body of the Member that he or she represents or a non- elected representative that is a current executive employee (city manager, assistant city manager or department director) of the Member. The Alternate Director may serve and vote in place of the appointing Member's Director who is absent or who disqualifies him/herself from participating in a meeting of the Board. Directors and Alternates shall serve at the pleasure of the appointing Member and may be removed at any time, without cause, at the sole discretion of that Member. They shall not be compensated for their service, but may be reimbursed for expenses reasonably incurred in the performance of their Board functions, and appropriately documented. Section 3.02 Procedural and Operational Rules. The Board may adopt bylaws or resolutions to govern its meetings and operations, or may separately adopt a statement of operating policies, provided that such bylaws, resolutions or statements are consistent with this Agreement. Section 3.03 Principal Offices. The principal office of the SRCEA shall be established by the Board. The Board may change the location of the principal office upon giving at least 15 days written notice to each Member. Section 3.04 Quorum and Voting. A majority of the Board shall constitute a quorum for the transaction of business. The Board shall act by motion, resolution or ordinance. Except as otherwise expressly provided by this Agreement or applicable law, all motions, resolutions and ordinances of the Board, and all actions required or permitted to be taken by the Members acting through the Board, shall be by a majority vote of the quorum. Section 3.05 Board Chair and Vice Chair. (a) The Board shall appoint a Chair and a Vice -Chair. (i) The Chair shall be the chairperson of the Board and shall conduct all Board meetings and perform such other duties and functions required of such person by this Agreement or the Board. (ii) The Vice -Chair shall serve in the Chair's absence and perform such duties as required by this Agreement, the Board, or the Chair. (iii) Only Members of the Board are eligible to hold the positions of Chair and Vice -Chair. (iv) The term of office for the Chair and Vice -Chair shall be one year, commencing on January 1 of each year (excepting the initial year). 4 The initial Chair and Vice- Chair shall be entitled to serve one full term of office in addition to any partial initial term. (b) If a vacancy occurs in the position of Chair or Vice -Chair, the Board shall forthwith fill the vacancy for the duration of the unexpired term. Section 3.06 Treasurer and Auditor. The Board shall designate qualified persons (as described in Government Code Section 6505.5 and Section 6505.6) to serve as Treasurer and as Auditor of the SRCEA who need not be Members, and may designate a single qualified person to hold both offices. The Treasurer shall have charge of depositing and maintaining custody of all funds held by the SRCEA, and shall maintain strict accountability for all funds and reports of all receipts and disbursements. In addition, the Treasurer and the Auditor shall perform all other duties that may be imposed by applicable law (including Government Code Sections 6505 and 6505.5), this Agreement, or any rules of the Board. The compensation, if any, of the person or persons holding these offices shall be set by the Board. Alternatively, upon consent as needed of the governing body of any Member entity, the Board may designate the Treasurer of such Member as the depository of SRCEA funds, and responsible for the discharge of all the duties set forth in Government Code section 6505.5, including the function of auditor, and the maintenance of strict accountability of SRCEA funds. Section 3.07 Other Officers and Employee. The Board may designate such other officers, and may hire employees or independent contractors as appropriate and necessary to conduct the SRCEA's affairs. Section 3.08 Meetings of the Board. The Board shall establish in the bylaws or by resolution the dates, times and places of its regular meetings, which shall be held not less than one (1) time during each calendar year during the term of this Agreement. The Board's meetings shall be conducted in accordance with the Ralph M. Brown Act (Government Code Sections 54950 et seq.). Section 3.09 Committees. The Board may create an advisory committee composed of public and private stakeholders such as but not limited to residential and non-residential energy users, local governments, educational institutions, environmental organizations, and the private sector. The Board may also create an executive committee consisting of the managers of the Member entities, and may create any such other committee as it deems appropriate. Section 3.10 Appointment of Administering Entity. Pursuant to Government Code Section 6506, the Board may appoint an agency or entity, including one or more Members upon consent of the governing body of such Member, a commission or board constituted pursuant to this Agreement, or a person, firm or corporation, including a nonprofit corporation, which it may designate, to administer or execute this Agreement, or any portions of this Agreement. Section 3.11 Budget. The SRCEA shall operate on a fiscal year commencing July 1 of each year. The Board shall adopt by majority vote of the full Board an annual budget for each fiscal year at or before its last regular meeting before June 30 of each year. 5 ARTICLE IV. — MISCELLANEOUS PROVISIONS Section 4.01 Audit. The accounts and records of the SRCEA shall be audited as provided in Government Code Sections 6505 and 6505.5. Section 4.02 Limitation on Liability of Members for Debt and Obligations of SRCEA. As provided for by Government Code section 6508.1, the debts, liabilities, and obligations of the SRCEA do not constitute debts, liabilities, or obligations of any party to this Agreement. A Member may separately contract for, or assume responsibility for, specific debts, liabilities, or obligations of the SRCEA. Section 4.03 Amendments. This Agreement may be amended only by a written instrument, approved by an affirmative vote of the governing bodies of two-thirds (2/3) of the Members, and meeting any requirements imposed by the terms or conditions of any revenue bonds issued by the SRCEA and related documentation including, without limitation, indentures, trust agreements, resolutions and letter of credit agreements. Notwithstanding the foregoing, no amendment shall require any Member to contribute any funds to, or become directly or contingently liable for any debts, liabilities or obligations of, the SRCEA, without that Member's written consent, signed by its duly authorized representative. Section 4.04 Withdrawal. Members may withdraw at any time by providing written notice from the governing body of such Member to the Board; provided, that no Member may withdraw if withdrawal would adversely affect a bond or other indebtedness issued by the SRCEA, except upon a two-thirds (2/3) vote of the full Board. Withdrawal shall be effective upon receipt by the Board of said notice or upon said vote of the Board if required. The withdrawing Member shall continue to be financially responsible for its share of financial obligations and liabilities incurred prior to the effective date of withdrawal. Upon such withdrawal, no withdrawing Member shall be entitled to any distribution or withdrawal of property or funds except as may be agreed to by the Board; however, such Member may be entitled to participate in a pro -rated return of surplus money and other surplus personal property upon the dissolution of the SRCEA based on factors as determined by the Board such as but not limited to the Member's length of time of participation with and contribution to the SRCEA. Section 4.05 Termination and Distribution a. This Agreement continues until terminated by the written consent of a simple majority of the full Board; provided that: (1) this Agreement cannot be terminated until such time as all principal of and interest on any bonds and other forms of indebtedness that the SRCEA may issue are paid in full; and (2) this Agreement and the SRCEA continue to exist following termination for the purpose of disposing of all claims, distributing assets, and all other functions necessary to conclude the obligations and affairs of the SRCEA. 6 b. After completion of the SRCEA's purposes, any surplus money on deposit in any fund or account of the SRCEA will be disposed of as required by law. The Board is vested with all powers of the SRCEA for the purpose of concluding and dissolving its business affairs. Section 4.06 Notices. All notices which any Member or the SRCEA may wish to give in connection with this Agreement shall be in writing and shall be served by personal delivery during usual business hours at the principal office of the Member or the SRCEA, to an officer or person apparently in charge of that office, or by depositing the same in the United States mail, postage prepaid, and addressed to the Member or the SRCEA at its principal office, or to such other address as the SRCEA or Member may designate from time to time by written notice given to the other Members in the manner specified in this section. Service of notice shall be deemed complete on the day of service by personal delivery (but 24 hours after such delivery in the case of notices of special meetings of the Board) or three (3) days after mailing if deposited in the United States mail. Until changed by written notice to the SRCEA and the Members, notice shall be delivered as follows: If to City of Lake Elsinore: With a copy to: If to City of Temecula: With a copy to: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 City of Lake Elsinore Attn: City Clerk 41000 Main Street Temecula, CA 92590 Section 4.07 Prohibition Against Assignment. No Member may assign any right, claim, or interest it may have under this Agreement. No creditor, assignee or third party beneficiary of a Member has a right, claim or title to any part, share, interest, fund or asset of the SRCEA. However, nothing in this Agreement prevents the SRCEA from assigning any interest or right it may have under the Agreement to a third party. Section 4.08 Severability. If a portion, term, condition or provision of this Agreement is determined by a court to be illegal or in conflict with any law of the State of California, or is otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions and provisions is not affected. 7 Section 4.09 Arbitration. All disputes arising in connection with the interpretation or performance of this Agreement shall be resolved on an equitable basis by a single arbitrator under the commercial arbitration rules of the American Arbitration Association. The arbitrator's decision shall be final and binding on the SRCEA, all Members and all former Members involved or affected by the dispute. The SRCEA, any Member and any former Member that is party to the dispute may enforce any award, order or judgment of the arbitrator in any court of competent jurisdiction. Section 4.10 Waiver. Neither a waiver of any breach nor any failure to enforce any provision of this Agreement shall operate as a waiver of any other breach of such provision or any other provision. Section 4.11 Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California. Section 4.12 Counterparts. This Agreement may be executed in several counterparts, each of which is an original and all of which constitutes but one and the same instrument. Section 4.13 Effective Date. This Joint Powers Agreement shall become effective at the time two-thirds (2/3) of the Members have approved this Joint Powers Agreement. IN WITNESS WHEREOF, THIS JOINT POWERS AGREEMENT HAS BEEN DULY CONSIDERED BY THE GOVERNING BODIES OF ALL MEMBERS OF THE SOUTHWEST RIVERSIDE COUNTY ENERGY AUTHORITY, HAS BEEN APPROVED BY AT LEAST TWOO-THIRDS (2/3) OF SAID GOVERNING BODIES OF THE MEMBERS, AND IS HEREBY ENTERED INTO BY THE MEMBERS EFFECTIVE AS OF THE DATE WRITTEN ABOVE. SIGNATURES APPEAR ON FOLLOWING PAGES 8 CITY OF TEMECULA, a municipal corporation Dated: By: Maryann Edwards, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter Thorson, City Attorney CITY OF LAKE ELSINORE, a municipal corporation Dated: By: Mayor ATTEST: By: City Clerk APPROVED AS TO FORM: By: City Attorney 9 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 10, 2016 SUBJECT: Approve a Solar Power Purchase Agreement for the Purchase of Electrical Power for Various City Facilities from a Proposed Solar Power Generating Facility to be Constructed on a Portion of the Santa Margarita Ecological Reserve PREPARED BY: Peter M. Thorson, City Attorney RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A SOLAR POWER PURCHASE AGREEMENT WITH SMER RESEARCH 1, LLC, ALONG WITH A RELATED SUBLEASE AGREEMENT AND LICENSE AGREEMENT BETWEEN THE CITY AND SMER RESEARCH 1, LLC AND AN INTERCONNECTION AGREEMENT BETWEEN THE CITY AND SOUTHERN CALIFORNIA EDISON COMPANY AND FIND THE CITY'S ACTION EXEMPT FROM CEQA BACKGROUND: The proposed agreements would enable to the City to purchase electrical power for various City facilities from the solar power generating facility to be constructed on land in the Santa Margarita Ecological Reserve. The cost of the electricity from this solar power generating facility to the City will initially be approximately 10% less than the cost of electricity available to the City from Southern California Edison Company. As electricity rates increase over time the savings to the City will increase correspondingly. The solar power generating facility would be constructed by SMER Research 1, LLC, under a ground lease with San Diego State University, the owner of the Santa Margarita Ecological Reserve for the land known as the "Santa Margarita Ecological Reserve SOLAR Initiative Research Site." Electricity will be generated by the collection of sunlight onto an array of photovoltaic cells on the ground. Sufficient electricity will be generated to serve several of the City of Temecula's facilities as well as facilities for another governmental entity. The photovoltaic cells are similar to those now being used in home solar energy systems. The project is being constructed in coordination with Southern California Edison Company in accordance with programs established by the California Public Utilities Commission. In addition to the public benefits of lower electricity rates and obtaining electricity from a renewable source of power, SMER Research 1 and San Diego State University have agreed to conduct substantial academic research projects at the solar power generating facility site that will study solar radiation, solar energy, soils, and other meteorological and geotechnical data as well as habitat and habitat restoration. The City's role in this Project is only as a purchaser of electricity. SMER Research 1 will design the Project, obtain all required permits through the California Public Utilities Commission and construct the Project at its sole cost and expense. SMER Research 1 and San Diego State University entered into a Ground Lease on October 21, 2014 for the use of the Site for the Project. Solar Power Purchase Agreement The City and SMER Research 1 will enter into a Solar Power Purchase Agreement. Under the Solar Power Purchase Agreement, the City agrees to purchase electricity for various City facilities that is generated by the Solar Generating Facility for the term of the Solar Power Purchase Agreement. The term will be 20 years from the operation date of the Solar Generation Facility and may be extended for an additional five years by the City. The price of electricity for the City will be fixed during the term. The price is guaranteed initially to be 10% less than the cost of electricity from Southern California Edison Company. As electricity rates increase over time the savings to the City will increase correspondingly. The City will be able to terminate the Solar Power Purchase Agreement before the end of the term in the event of a breach of the Agreement by SMER Research 1 that is not properly cured. The City will not, however, be allowed to terminate the Agreement for its convenience unless it pays a termination fee. The termination fee is $6,764,024 if the Agreement is terminated for convenience during the first year and is reduced each year during the term if the Agreement. A diminishing fee for termination for convenience is necessary because the construction of the Solar Generating Facility is being financed through the anticipated revenue from electricity sales to the City of Temecula. The Solar Power Purchase Agreement provides for the installation of metering devices and interconnection facilities/devices with Southern California Edison's electrical distribution system. The costs of installing the meters and interconnection facilities will be paid by SMER Research 1. SMER Research 1 shall maintain the insurance required by its Ground Lease with San Diego State University and name the City of Temecula as an Additional Insured. The insurance will be in the amount of $2 million general liability with $15 million excess insurance with updated limits as required. The City will own the "Green Attributes" and "Retain Environmental Financial Incentives." These are various types of financial and tax incentives. These may not have much value for the City at the present time, but could be valuable in the future as the alternative energy industry develops and a potential market for the sale of these incentives develops. Sublease and License Agreement On October 21, 2014, SMER Research 1 and San Diego State University entered into a Ground Lease for the Santa Margarita Ecological Reserve SOLAR Initiative Research Site. SMER Research 1 will sublease the Site to the City and the City and SMER Research 1 will enter into a License Agreement allowing SMER Research 1 to use the Site for the Solar Power Generating Facility. Under the Sublease and License Agreement, SMER Research 1 shall be required at its sole cost and expense to use and maintain the Site in accordance with the Ground Lease at all times. The use of the Sublease and License Agreement will enable SMER Research 1 to maximize its ability to obtain tax credits and energy incentives under the alternative energy programs under Federal law and California Public Utilities Commission programs, specifically the Renewable Energy Self -Generation Bill Credit Transfer Program ("RES -BCT") approved by AB 2466 in 2008. Under RES -BCT, the generation system site must be owned, operated, or on property under the control of the local government that is seeking to benefit from the program and must be located within the boundaries of the local agency. By utilizing this program, SMER Research 1, LLC will enable to provide solar electricity to the City at rates below those of SCE. Interconnection Agreement with Southern California Edison Company The City will need to enter into an Interconnection Agreement with Southern California Edison Company. The Interconnection Agreement governs the distribution of electricity from the Solar Generating Facility at Santa Margarita Ecological Reserve SOLAR Initiative Research Site to the SCE lines and to the various City facilities that will use the electricity. The Interconnection Agreement implements the requirements of California Public Utilities Commission Electric Rule 21. In the Solar Power Purchase Agreement, SMER Research 1 has agreed to pay all of the costs of the City's compliance with the Interconnection Agreement including the construction and installation of the interconnection facilities and meters. FISCAL IMPACT: There is no cost to the City to enter into the agreements. The City will realize a savings in electrical energy costs by purchasing electricity generated by the Solar Generating Facility. All costs related to the Solar Generating Facility and the interconnection facilities to get the electricity from the Solar Generating Facility to the various City facilities will be paid by SMER Research 1. ATTACHMENTS: 1. Resolution approving the Agreements 2. Solar Power Purchase Agreement 3. Interconnection Agreement 4. Sublease and License Agreement SOLAR POWER PURCHASE AGREEMENT (Sublease Area 1 (City of Temecula)) Between SMER Research 1, LLC and Southwest Riverside County Energy Authority Dated as of , 2017 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) TABLE OF CONTENTS 1 Definitions 1 2. Installation, Leasehold Interest, and Operation of the Generating Facility 1 (a) Leasehold Interest 1 (b) Installation 1 (c) Pre -Construction Activities 2 (d) Commercial Operation 3 (e) Operation and Maintenance 4 (f) Expenses 4 3. Purchase and Sale of Power 4 (a) Purchase and Sale 4 (b) Purchase Price 4 (c) Taxes 4 (d) Fees 5 4. PPA Term; Termination 5 (a) Initial PPA Term 5 (b) Extension PPA Term 5 5. Green Attributes and Retained Environmental Financial Incentives 5 (a) Ownership and Sale of Green Attributes 5 (b) Ownership of Retained Environmental Financial Incentives 5 (c) No Impairment of Green Attributes or Retained Environmental Financial Incentives 6 6. Metering 6 (a) Equipment 6 (b) Data Collection 6 (c) Audit 7 (d) Confidentiality 7 7 Delivery 7 (a) Title; Risk of Loss 7 (b) Specifications 7 (c) Intermittent Resource 7 8. Invoices and Payment 8 9. Invoice Adjustments; Disputes over Invoices 8 10 Representations and Warranties; Covenants 8 (a) Representations and Warranties 8 (b) Purchaser Representations, Warranties and Covenants 10 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 TABLE OF CONTENTS (continued) Page 11. Liens 11 12. Indemnification; Insurance; Loss 11 (a) Indemnification 11 (b) Insurance 12 13. Default and Remedies 12 (a) PPA Event of Default 12 (b) Termination 13 (c) Damages 13 (d) Costs 14 (e) No Waiver; Remedies Cumulative 14 14. Limitation of Liability 14 15. Force Majeure 14 (a) Excuse 14 (b) Force Majeure Events 15 (c) Early Termination by Power Provider 15 (d) Early Termination by Purchaser 16 (e) No Extension of Term 16 16. Records 16 17. Notices 16 18. Confidentiality 17 19. Assignment 18 (a) Consent 18 (b) Power Provider Financing 18 20. Publicity 19 (a) Press Releases 19 (b) Advertisements 19 (c) Information 19 21. No Set -Off 19 22. Intellectual Property 19 23. Binding Effect 20 24. Amendments 20 25. Counterparts 20 26. Other Agreements 20 27. Third Party Beneficiaries 20 ii Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 TABLE OF CONTENTS (continued) Page 28. Severability 21 29. Survival 21 30. Governing Law 21 31. Legal Effect of Contract 21 (a) Forward Contract 21 (b) No Lease 21 (c) No Partnership 21 32. Cooperation 22 (a) Additional Documents 22 (b) Utility Rule Changes 22 (c) Dispute Resolution 22 33. Ownership of the Generating Facility for Tax Purposes 22 (a) Generating Facility Ownership 22 (b) Financial Burden 23 (c) Financial Benefit 23 EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Definitions and Rules of Interpretation Generating Facility Specifications Termination Value Form of Interconnection Agreement Energy Delivery Point Single -Line Drawing Form of Lender Consent Form of Estoppel Land Use Agreement City of Temecula Guaranty SCHEDULES Schedule 10(a)(iv) Approvals Schedule 10(a)(vi) Litigation iii Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Solar Power Purchase Agreement (Sublease Area 1) This Solar Power Purchase Agreement (Sublease Area 1) (this "Agreement" or "PPA"), dated as of , 2017 (the "PPA Effective Date"), is between SMER Research 1, LLC ("Power Provider"), a California Limited Liability Company, and the Southwest Riverside County Energy Authority, a California Joint Powers Authority ("Purchaser"). RECITALS A. Power Provider desires to install an electricity grid -connected photovoltaic, solar power plant with a total generating capacity rated at approximately 2,250 kW (as further described in Exhibits A and B of this Agreement, the "Generating Facility") on real property identified as the "Premises" in the Land Use Agreement ("Exhibit H") at the Santa Margarita Ecological Reserve SOLAR Initiative Research Site, in Temecula, California (hereinafter the "Site"); and B. Purchaser desires to purchase from Power Provider and Power Provider desires to sell to Purchaser the entire Energy Output of the Generating Facility. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Power Provider and Purchaser, intending to be legally bound, agree as follows: 1. Definitions Capitalized terms used and not otherwise defined herein shall have the meanings set forth in Exhibit A, unless the context clearly requires otherwise. The Rules of Interpretation set forth in Exhibit A shall apply to the interpretation of this Agreement. 2. Installation, Leasehold Interest, and Operation of the Generating Facility (a) Leasehold Interest. Purchaser is the subtenant of the Premises pursuant to the Land Use Agreement dated of even date herewith such that the Premises is "under the control" of Purchaser for the purposes of the Public Utility Code Section 2830. (b) Installation. Power Provider shall install or cause to be installed the Generating Facility. Power Provider shall provide Purchaser reasonable notice of the progress of the installation of the Generating Facility and shall provide reasonable notice to Purchaser of the anticipated Commercial Operation Date and the actual Commercial Operation Date. Purchaser shall provide Power Provider with the non- exclusive right to use additional space at the Premises as may be reasonably necessary in connection with the installation (including but not limited to temporary construction 1 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 laydown areas and designated parking spaces) and as further described in the Land Use Agreement (Exhibit H). (c) Pre -Construction Activities. Promptly following the execution of this Agreement, Power Provider and, to the limited extent set forth below in Section 2(c)(v) through (vii), Purchaser, shall use commercially reasonable efforts to complete pre - construction activities relating to the Generating Facility in accordance with the dates provided below in the last paragraph of this Section 2(c), which shall be considered conditions subsequent to the execution of this PPA to be satisfied prior to Purchaser's obligation to purchase power from the Generating Facility and shall include, without limitation, the following (each a "Pre -Construction Activity," and collectively the "Pre - Construction Activities"): (i) Power Provider shall, at its sole cost and expense, obtain or cause to be obtained: (A) financing for installation of the Generating Facility; and (B) applicable Retained Environmental Financial Incentives for operation of the Generating Facility. (ii) Power Provider shall have obtained the right to use the Premises under the License Use Agreement (the form of the License Use Agreement is attached as an exhibit to the Land Use Agreement) (Exhibit H) on a long-term basis, for the construction, installation, maintenance and operation of the Generating Facility subject to and conditional upon approval the Governing Body of the Purchaser; (iii) Power Provider has, at its sole cost and expense, obtained in Power Provider's own name all necessary authority from regulatory entities and all other governmental approvals, permits, entitlements, contracts, and agreements including approval of the project consistent with the California Environmental Quality Act requirements, required for the construction and installation of the Generating Facility; (iv) Power Provider shall, at its sole cost and expense, provide an approved interconnection study and provide Purchaser with any and all forms for Interconnection Agreement and assist in completion of such forms and ensure such forms and requirements are acceptable to Power Provider and Purchaser; (v) Purchaser shall have entered into the Interconnection Agreement, consistent with the approved interconnection study, which will be substantially in the form in Exhibit D upon the approval of same by the Purchaser's Governing Body, provided, however, that Power Provider shall be responsible for all costs and expenses related to the Interconnection Agreement; (vi) Purchaser shall have delivered to Power Provider the executed the City of Temecula Guaranty substantially in the form in Exhibit I. 2 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 (vii) Power Provider shall, at its sole cost and expense: (A) cause the installation and maintenance of the Generating Facility at the Premises, subject to the terms of any proposed financing and consistent with the approvals in Section 2(c)(iii), and (B) cause the installation and maintenance of all Interconnection Facilities and other facilities required of the Purchaser by the Interconnection Agreement in accordance with the terms of the Interconnection Agreement and the specifications described in the Interconnection Agreement; and (viii) Power Provider shall, at its sole cost and expense, obtain or cause to be obtained all necessary authority from the CPUC or other regulatory entities for the operation and maintenance of the Generating Facility, the Interconnection Facilities, and the sale and delivery of Energy Output to Purchaser. Power Provider shall use commercially reasonable efforts to complete the Pre - Construction Activity in Section 2(c)(i)-(iii) by no later than 1, 20_ Purchaser shall use commercially reasonable efforts to meet the foregoing Pre - Construction Activities in Section 2(c)(iv)-(v) no later than 1, 20_. If, after exercising such commercially reasonable efforts, any of the Pre -Construction Activities is not completed by such dates, Power Provider or Purchaser shall have the option to terminate this Agreement without triggering the default provisions of this Agreement or any liability under this Agreement. Upon satisfaction of all Pre -Construction Activities, Power Provider shall proceed with construction of the Generating Facility. (d) Commercial Operation. Power Provider shall be solely responsible for all costs and the performance of all tasks required for installation of the Generating Facility. Promptly upon satisfaction of all Pre -Construction Activities, Power Provider shall use commercially reasonable efforts to complete construction and completion activities relating to the Generating Facility, which shall include, without limitation, the following ("Completion Activities"): (i) Power Provider shall reasonably assist Purchaser as requested by Purchaser in connection with the execution by Purchaser of any ancillary agreements required for Utility interconnection of the Generating Facility, provided that Power Provider shall be solely responsible for all costs and the performance of all obligations under such agreements. Notwithstanding the foregoing, Power Provider shall not be responsible to reimburse Purchaser for direct cost incurred by Purchaser in assisting Power Provider. Each of Power Provider and Purchaser shall use commercially reasonable efforts to complete the foregoing Completion Activities, and Power Provider shall use commercially reasonable efforts to cause installation of the Generating Facility to be completed and to cause the Generating Facility to begin Commercial Operation on or before the date that is two hundred seventy (270) days following the PPA Effective Date (the "Target Commercial Operation Date"). Notwithstanding the foregoing, to the extent that Commercial Operation has not commenced on or before the Target Commercial 3 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Operation Date, Power Provider may by written notice to Purchaser within three (3) Business Days after the Target Commercial Operation Date, extend the Target Commercial Operation Date by no more than an additional one hundred eighty (180) days. If Power Provider does not elect to extend the Target Commercial Operation Date as set forth in the immediately preceding sentence, or if following such election by Power Provider Commercial Operation has not commenced after the expiration of such one hundred eighty (180) day period, then Power Provider shall have the option (to be exercised within thirty (30) days of Power Provider's failure to extend the Target Commercial Operation Date or the expiration of such one hundred eighty (180) day period, as applicable) to terminate this Agreement without triggering the default provisions of this Agreement or any liability under this Agreement. (e) Operation and Maintenance. Power Provider shall be solely responsible for operation and maintenance of the Generating Facility and Interconnection Facilities, as defined in and subject to the requirements of the Interconnection Agreement, and shall, at all times during the PPA Term, maintain the Generating Facility and Interconnection Facilities in accordance with Prudent Industry Practices. Power Provider shall bear all risk of loss with respect to the Generating Facility and Interconnection Facilities and shall have full responsibility for its operation and maintenance in compliance with all laws, regulations and governmental Permits. (f) Expenses. Purchaser shall have no responsibility for costs and expenses required for the activities completed by non -Purchaser employees, consultants, agents or guests described in this Section 2. To the extent Purchaser may incur any such expenses, Power Provider shall reimburse Purchaser for such expenses within thirty (30) days of a demand from the Purchaser. 3. Purchase and Sale of Power (a) Purchase and Sale. Throughout the PPA Term, Purchaser shall purchase and accept delivery from Power Provider, and Power Provider shall sell and deliver to Purchaser, the entire Energy Output in such amounts as may be generated from time to time. Purchaser shall not resell any of the Energy Output. (b) Purchase Price. Purchaser shall pay to Power Provider the applicable Purchase Price, $0.1253/kWh-ac, for the duration of the PPA Term, for Energy Output delivered hereunder throughout the PPA Term. Such amount shall be paid in accordance with the terms of Section 8 hereof. (c) Taxes. If any taxes are assessed against the generation, sale, delivery or consumption of Energy Output, or if taxes that are, or are in the nature of, property or ad valorem taxes, including without limitation, possessory interest taxes, if any, are assessed in respect of the Generating Facility, Power Provider shall be responsible for all such amounts due, including any taxes assessed thereon, in accordance with the 4 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 terms of Section 8. Notwithstanding the above, Purchaser may not assess a tax on Power Provider's activities in any way. (d) Fees. If any fees are assessed by the Utility by reason of this PPA, or any supporting agreement, on any Purchaser account which is receiving credits for Energy Output from the Generating Facility, including but not limited to Departing Load Charges, application fees, one time set-up fees, monthly billing fees, or review fees, the Power Provider shall be responsible for all such amounts. Notwithstanding the above, Purchaser may not assess any fees on Power Provider's activities in any way. 4. PPA Term; Termination (a) Initial PPA Term. Unless terminated early in accordance with the terms hereof, the (x) initial term of this Agreement (the "Initial PPA Term") shall commence on the PPA Effective Date and (y) the Parties' respective purchase and sale obligations under this Agreement with respect to Energy Output from the Generating Facility shall commence at 0000 hours on the Commercial Operation Date; and each shall continue in effect until 2400 hours on the date that is twenty (20) years after the Commercial Operation Date. (b) Extension PPA Term. At the end of the Initial PPA Term, this Agreement, including the purchase and sale obligation under Section 3(a), can be extended for five (5) years (the "Extension PPA Term"), if Purchaser delivers written notice to the Power Provider at least six (6) months prior to the end of the Initial PPA Term. If no such notice of extension is provided by Purchaser at least six (6) months prior to the end of the initial PPA Term, Power Provider may assume that the PPA with Purchaser will terminate at the end of the Initial PPA Term and Power Provider may immediately negotiate a new PPA with an alternate Purchaser, which may be effective upon expiration of the Initial PPA Term. Unless otherwise agreed to by the Parties, during the Extension PPA Term, the terms and conditions of this Agreement shall remain in effect. 5. Green Attributes and Retained Environmental Financial Incentives (a) Ownership and Sale of Green Attributes. Power Provider hereby provides and conveys all Green Attributes associated with all electricity generation from the Project to Purchaser as part of the Product being delivered. Power Provider represents and warrants that Purchaser holds the rights to all Green Attributes from the Project, and Power Provider agrees to convey and hereby conveys all such Green Attributes to Purchaser as included in the delivery of the Energy from the Project. (b) Ownership of Retained Environmental Financial Incentives. Notwithstanding the purchase and sale of Energy Output pursuant to this Agreement, Power Provider shall at all times continue to own, and may assign or sell in its sole discretion to one or more third parties, all Retained Environmental Financial Incentives 5 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 associated with or resulting from the development, installation, ownership or operation of the Generating Facility. (c) No Impairment of Green Attributes or Retained Environmental Financial Incentives. No Party shall take any action or knowingly suffer any omission that would have the effect of impairing the value of the Green Attributes or the Retained Environmental Financial Incentives, without regard to the amount of the Green Attributes or the Retained Environmental Financial Incentives produced by the Generating Facility, including without limitation claiming ownership or claiming any grant of assignment of the Green Attributes or the Retained Environmental Financial Incentives inconsistent with the terms and provisions of this Agreement. Each Party shall be responsible for notifying the other Party of any action or omission of which it has knowledge that could impair such value and for consulting with the other Party as necessary to prevent impairment of the value of such Green Attributes or Retained Environmental Financial Incentives. 6. Metering (a) Equipment. (i) Power Provider shall install and maintain a standard revenue quality meter and an electronic system for supervisory control and data acquisition ("SCADA") at the Generating Facility. The SCADA will be owned by Power Provider. The meter shall measure the alternating current output of the Generating Facility on a continuous basis. Power Provider shall be responsible for maintaining the metering equipment in good working order and, if Purchaser so requests, for testing the metering equipment once per calendar year and certifying the results of such testing to Purchaser. In the event of a failure of the electronic meter reading system and until such failure has been corrected, Power Provider shall be responsible for conducting monthly on-site readings of the standard electricity meter to determine the output of the Generating Facility delivered to Purchaser. Data retrieved from any such meter shall serve as the basis for invoicing Purchaser for all Energy. (ii) Purchaser shall share with Power Provider, or allow Power Provider to retrieve, electrical load data for the Site from the Site's Utility meters for periods before and after the Commercial Operation Date. At Power Provider's sole option and expense Power Provider may install an additional meter to measure the electrical load of the Site. (b) Data Collection. Power Provider shall maintain all production meter data and shall provide to Purchaser a report of the Generating Facility's individual metered Energy, as read and collected on a monthly basis, once each month within fourteen (14) Business Days after the last day of the preceding month. Subject to Section 6(a), such data shall serve as the basis for invoicing Purchaser for all Energy. Power Provider 6 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 shall preserve all data compiled hereunder for a period of at least two (2) years following the compilation of such data. (c) Audit. Once per calendar year, Purchaser shall have the right to audit all such meter data upon reasonable notice, and any such audit shall be at Purchaser's sole cost (unless an audit reveals at least a five percent (5%) overcharge to Purchaser, in which case Power Provider shall bear the cost of that audit). If the metering equipment is found to be inaccurate, it shall be corrected as follows and past readings within the year of the audit shall be promptly adjusted and reflected in the following invoice: (i) if reliable information exists as to the period of time during which the meter was registering inaccurately, by estimating by reference to quantities of Energy Output measured during periods of similar conditions when the meter was registering accurately and (ii) if no reliable information exists as to the period of time during which the meter was registering inaccurately it shall be assumed that the period of such inaccuracy was equal to one-half of the period from the date of the last previous test of the meter (provided that the period covered by the correction shall not exceed six months). (d) Confidentiality. Purchaser shall not share information provided by the Power Provider to the Purchaser from the production meter, or any other performance data related to the Generating Facility, with any third parties unless: (1) such disclosure is required by the California Public Records Act, Government Code Section 6250 et seq; or (2) Power Provider gives written consent to Purchaser for the disclosure of such information prior to disclosure. 7. Delivery (a) Title; Risk of Loss. Title and risk of loss of the Energy Output shall pass from Power Provider to Purchaser upon delivery of the Energy Output at the Energy Delivery Point. Purchaser shall purchase and accept delivery of metered Energy Output at the Energy Delivery Point. Power Provider, at its sole cost and expense shall be responsible for arranging delivery of Energy Output from the Energy Delivery Point to Purchaser and for any installation and operation of equipment on Purchaser's side of the Energy Delivery Point necessary for acceptance and use of the Energy Output. (b) Specifications. Power Provider shall ensure that all Energy Output generated by the Generating Facility conforms to Utility specifications for Energy Output being generated and delivered to the Site's electric distribution system, which shall include the installation of proper power conditioning and safety equipment, submittal of necessary specifications, coordination of Utility testing and verification, and all related costs. All deliveries of Energy Output hereunder shall be in the form of three-phase, sixty -cycle alternating current. (c) Intermittent Resource. Purchaser acknowledges that the Generating Facility is an intermittent energy resource, and that the Generating Facility will not 7 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 supply a consistent or uninterrupted supply of energy to the SCE electric distribution system. 8. Invoices and Payment Power Provider shall deliver to Purchaser an invoice at the address set forth in Section 17 by the fourteenth (14th) Business Day of each calendar month (or upon a monthly schedule mutually acceptable to Purchaser and Power Provider), stating the Energy Output delivered to Purchaser during the preceding calendar month and the applicable Purchase Price, and calculating the total amount due to Power Provider. Without offset for any amount owed or claimed to be owed by Power Provider, Purchaser shall pay the amount due to Power Provider by wire transfer or ACH payment, on or before thirty (30) days following the date of the invoice, which shall be referred to as the "Due Date". If the Due Date is a bank holiday, publicly designated holiday, or a weekend, payment shall be due on the next following Business Day. Any undisputed amount remaining unpaid after the Due Date shall bear interest at the Default Rate. Invoices and payments schedule shall commence following Commercial Operation. 9. Invoice Adjustments; Disputes over Invoices Either Party may, in good faith, dispute the correctness of any invoice or any adjustment to an invoice rendered or adjust any invoice for any arithmetic, computational or meter -related error within twelve (12) months of the date of the invoice or the date the adjustment to an invoice was rendered, as the case may be. In the event a Party disputes all or a portion of an invoice, or any other claim for an adjustment arises, that Party shall pay the disputed and undisputed portion when due and provide the other Party notice of the dispute and the amount in dispute. Following a Party's delivery of a notice of a dispute, the Parties shall first use good faith, reasonable, diligent efforts to resolve such dispute within a reasonable period of time not to exceed thirty (30) days from the date of such notice. If the Parties do not resolve such a dispute within such thirty (30) days, then the Parties may pursue their rights appropriately. Power Provider shall return to Purchaser any disputed amount which is ultimately determined to have been improperly billed to Purchaser, together with interest thereon at the Default Rate. 10. Representations and Warranties; Covenants (a) Representations and Warranties. Each Party represents and warrants to the other Party as of the PPA Effective Date that: (i) Existence. Such Party is duly organized, validly existing and in good standing under the laws of the state of its formation and has all requisite power and authority to enter into this Agreement, to perform its obligations hereunder and to consummate the transactions contemplated hereby; 8 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 (ii) Authorization. The execution and delivery of this Agreement and the performance of such Party's obligations hereunder have been duly authorized by all necessary company action; (iii) Validity. This Agreement is a legal, valid and binding obligation of such Party enforceable against such Party in accordance with its terms, subject to the qualification, however, that the enforcement of the rights and remedies herein is subject to (i) bankruptcy and other similar laws of general application affecting rights and remedies of creditors and (ii) the application of general principles of equity (regardless of whether considered in a proceeding in equity or at law); (iv) Approvals. Except for the approvals specifically referenced in this Agreement, including without limitation Schedule 10(a)(iv), Section 2(c)(iii), and the process for compliance with the California Environmental Quality Act ("CEQA") and Riverside County Multi -Species Habitat Conservation Plan, if applicable, to such Party's knowledge, no other governmental, corporate, utility, direct access provider, regulatory, municipal, state, district, school district or other third party consent or approval is required in connection with the due authorization, execution and delivery of this Agreement by such Party or the performance by such Party of its obligations hereunder; (v) No Conflict. Neither the execution and delivery of this Agreement by such Party nor compliance by such Party with any of the terms and provisions of this Agreement conflicts with, breaches or contravenes the provisions of such Party's organizational documents, court judgments or adjudicative administrative orders applicable to such Party; (vi) No Litigation. Except as set forth on Schedule 10(a)(vi), to the back of the parties' knowledge, there is no pending litigation or adjudicative administrative proceedings served upon the Party, or, to the knowledge of such Party, litigation, action or proceeding that has been threaten in writing against such Party which would reasonably be expected to have a material adverse effect or which purports to affect the legality, validity or enforceability of this Agreement or the transactions contemplated hereby; (vii) Bankruptcy. Except as previously disclosed in writing to the other Party there is no pending bankruptcy, reorganization, debt arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution, winding up or liquidation proceeding, in respect to such Party; and (viii) Other Facts. To the Power Provider's knowledge there are no facts, circumstances or other matters that may materially interfere with or materially delay the construction, installation, maintenance or operation (including facts, circumstances or other matters adversely affecting the Generating Facility's exposure 9 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 to sunlight) of the Generating Facility, except as have been disclosed in writing to the other Party. (ix) Premises. Power Provider will maintain the Premises in accordance with applicable law and Prudent Industry Practice (including maintenance of permits held by Power Provider) (b) Purchaser Representations, Warranties and Covenants. (i) No Adverse Actions. Purchaser will not initiate, conduct or, to the extent within its control, permit, activities that it knows or reasonably should know may damage, impair or otherwise adversely affect the Generating Facility or its function (including activities that may adversely affect the Generating Facility's exposure to sunlight). (ii) Interconnection and Other Agreements. Purchaser shall enter into the Interconnection Agreement upon approval by Purchaser's Governing Body and at Power Provider's written request in substantially the same form as provided in Exhibit D. (iii) Land Use Agreement. Purchaser shall enter into a Land Use Agreement in the form attached as Exhibit H. (iv) Copies of Documents. Within five Business Days following receipt, Purchaser shall send to Power Provider pursuant to Section 17 complete copies of the Interconnection Agreement, permission to operate letter or any other material document or communication from Utility related to the Generating Facility, its operation, or interconnection. (v) Appropriations. Purchaser covenants to take such action as may be necessary to include all payments due under Section 8 of this PPA (the "Payments") (to the extent the amounts of such Payments are known to Purchaser at the time its annual budget is proposed) in its annual budget and to make the necessary annual appropriations for such Payments. To the extent the amount of such Payments becomes known after the adoption of the annual budget, such amounts shall be included and maintained in such budget as amended. The covenants of Purchaser shall be deemed to be a duty imposed by law and it shall be the ministerial duty of Purchaser to take such actions as are required by law to enable Purchaser to perform this PPA. The obligation of Purchaser to make Payments hereunder shall constitute a current operating expense of Purchaser and shall not in any way be construed to be a debt of Purchaser or the State, or any political subdivision thereof, nor shall anything contained herein constitute a pledge of general revenues, funds or moneys of Purchaser beyond the fiscal year for which Purchaser has appropriated funds to make Payments hereunder or an obligation of Purchaser for which Purchaser is obligated to levy or pledge any form of taxation or for which 10 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Purchaser has levied or pledged any form of taxation. To the extent that any provision herein is determined to be in violation of any debt limitation applicable to Purchaser under State or federal Constitution, then such provision shall be deemed amended to the extent necessary to conform to such State or federal Constitutional debt limitation. 11. Liens Power Provider shall not directly or indirectly cause, create, incur, assume or suffer to exist any mortgage, pledge, lien (including any mechanics', labor or materialman's lien), charge, security interest, encumbrance or claim on or with respect to the Generating Facility or any interest therein. Power Provider shall pay promptly before a fine or penalty may attach to the Generating Facility any taxes, possessory interest taxes, charges or fees of whatever type of any relevant governmental authority for which Power Provider is responsible. If Power Provider breaches its obligations under this Section 11, it shall immediately notify Purchaser in writing, shall promptly cause such liens to be discharged and released of record without cost to Purchaser, and shall indemnify Purchaser against all costs and expenses (including reasonable attorneys' fees and court costs at trial and on appeal) incurred in discharging and releasing such liens. 12. Indemnification; Insurance; Loss (a) Indemnification. Power Provider and Purchaser (each, in such case, an "Indemnifying PPA Party") shall indemnify, defend and hold harmless the other Party and its Affiliates, employees, directors, officers, managers, members, partners (if applicable), shareholders and agents (each, in such case, an "Indemnified PPA Party") harmless from and against any claim, demand, lawsuit or action of any kind for property damage, bodily injury or death, sustained by a third party arising out of (i) negligent acts or omissions or willful misconduct of Indemnifying PPA Party, its agents, officers, directors, employees, or contractors ; or (ii) the material breach by Indemnifying PPA Party of any of its obligations under this Agreement. The obligation to indemnify shall extend to and encompass all reasonable costs incurred by Indemnified PPA Party in defending such claims, demands, lawsuits or actions, including, but not limited to, attorney, witness and expert witness fees, and any other litigation related expenses, provided, however, that such costs for Power Provider shall not exceed the actual costs incurred by the Purchaser in such action, if Purchaser paid such attorneys at the highest hourly billing rate by attorneys employed or contracted with Purchaser within the previous year. Indemnifying PPA Party's obligations pursuant to this Section 12(a) shall not extend to claims, demands, lawsuits or actions for any kind for property damage, bodily injury or death to the extent attributable to the negligence or willful misconduct of Indemnified PPA Party or to the acts of third parties. 11 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Indemnifying PPA Party shall pay any cost that may be incurred by Indemnified PPA Party in enforcing this indemnity, including reasonable attorney fees, provided, however, that such costs for Power Provider shall not exceed the actual costs incurred by the Purchaser, if Purchaser paid such attorneys at the highest hourly billing rate by attorneys employed or contracted with Purchaser within the previous year. The obligations of the Parties under this Section 12(a) shall survive termination of this Agreement. (b) Insurance. The Power Provider shall maintain insurance as required by the applicable provision of the Land Use Agreement which incorporates equivalent insurance provisions provided in the Ground Lease, provided, however, that any excess costs incurred by the Purchaser in the form of Special Fees for a Certificate of Insurance for Power Provider to be included as an additional insured for such insurance shall be the responsibility of the Power Provider. 13. Default and Remedies (a) PPA Event of Default. With respect to a Party, there shall be an event of default (each a "PPA Event of Default") if: (i) such Party fails to pay any amount within five (5) Business Days after receipt of written notice that such amount is past due; (ii) except as otherwise set forth in this Section 13(a), such Party is in breach of any representation or warranty set forth herein or fails to perform any material obligation set forth in this Agreement and such breach or failure is not cured within sixty (60) days after notice in writing from the non -defaulting Party; provided, however, that the cure period shall be extended by the number of days during which the defaulting Party is prevented from taking curative action solely by Force Majeure if the defaulting Party had begun curative action and was proceeding diligently, using commercially reasonable efforts, to complete such curative action; (iii) such Party admits in writing its inability to pay its debts generally as they become due; (iv) such Party files a petition or answer seeking reorganization or arrangement under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State, district or territory thereof; (v) such Party makes an assignment for the benefit of creditors; (vi) such Party consents to the appointment of a receiver of the whole or any substantial part of its assets; 12 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 (vii) such Party has a petition in bankruptcy filed against it, and such petition is not dismissed within ninety (90) days after the filing thereof; (viii) with respect to Power Provider, a default by Tenant under the Ground Lease Agreement has occurred and is continuing; (ix) such Party causes an event of default under the Interconnection Agreement or otherwise causes through its actions or omissions the Interconnection Agreement to be terminated or cancelled; (x) such party fails to maintain insurance as required by this Agreement, unless such failure is the result of Power Provider's failure to pay for such excess insurance, or special fees for a certificate of insurance for Power Provider to be included as additional insured after reimbursement for such costs are submitted in writing and Power Provider fails to make reimbursement within forty-five (45) days; (xi) a court of competent jurisdiction enters an order, judgment, or decree appointing a receiver of the whole or any substantial part of such Party's assets, and such order, judgment or decree is not vacated or set aside or stayed within ninety (90) days from the date of entry thereof; or (xii) under the provisions of any other law for the relief or aid of debtors, any court of competent jurisdiction shall assume custody or control of the whole or any substantial part of such Party's assets and such custody or control is not terminated or stayed within ninety (90) days from the date of assumption of such custody or control. (b) Termination. Upon a PPA Event of Default by one Party, the other Party shall have the right, but not the obligation, to terminate or suspend this Agreement with respect to all obligations arising after the effective date of such termination or suspension (other than payment obligations relating to obligations arising prior to such termination or suspension). (c) Damages. The Parties acknowledge that given the complexity of the technology used by the Generating Facility and the volatility of energy markets, adequate damages in the event of Purchaser's breach of contract will be difficult, if not impossible, to calculate. Consequently, the Parties agree that if a PPA Event of a Default by Purchaser leads to termination of this Agreement, in order to compensate Power Provider for all damages, including the costs of termination and lost revenues associated with payments for Energy Output, Green Attributes and Retained Environmental Incentives, Purchaser's liability for damages hereunder shall be an equal to the Termination Value as set forth in Exhibit C (which shall be prorated for partial years as of the date of default), plus (ii) all other amounts including, but not limited to, any unpaid invoices or amounts due to be paid to Power Provider by Purchaser due to energy units already delivered to Purchaser. Each member agency of Purchaser shall 13 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 be responsible for the Termination Value proportionate to that member agency's energy allocation at the time that the PPA Event of Default occurs. In the event of Purchaser's breach of this Agreement and the Purchaser's failure to cure, no damages shall be awarded to Power Provider other than those set forth in this subsection. (d) Costs. The defaulting Party shall be liable to reimburse the non -defaulting Party for such non -defaulting Party's expenses and costs relating to such PPA Event of Default, including but not limited to reasonable attorneys' fees provided, however, that the hourly rate for attorney fees awarded to the Power Provider shall not exceed the highest hourly rates paid by the Purchaser for legal services to outside counsel in the previous year. (e) No Waiver; Remedies Cumulative. Any waiver at any time by either Party of its rights with respect to a PPA Event of Default under this Agreement, or with respect to any other matters arising in connection with this Agreement, shall not be deemed to be a waiver with respect to any subsequent default or other matter. Any waiver under this Agreement must be in writing. The rights and remedies of each of the Parties under this Section 14 shall be cumulative and in addition to the rights of the Parties otherwise provided in this Agreement and at law or equity. 14. Limitation of Liability FOR BREACH OF ANY PROVISION OF THIS AGREEMENT FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED IN THIS AGREEMENT, THE RIGHTS OF THE NON -DEFAULTING PARTY AND THE LIABILITY OF THE DEFAULTING PARTY SHALL BE LIMITED AS SET FORTH IN THIS AGREEMENT, AS THE SOLE AND EXCLUSIVE FULL, AGREED-UPON AND LIQUIDATED DAMAGES, AND NOT AS A PENALTY, AND ALL OTHER DAMAGES OR REMEDIES ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED, OR IF A REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY NONEXCLUSIVE, THE NON -DEFAULTING PARTY SHALL HAVE THE RIGHT TO EXERCISE ALL RIGHTS AND REMEDIES AVAILABLE TO IT AT LAW OR IN EQUITY, PROVIDED, HOWEVER, THAT THE LIABILITY OF THE DEFAULTING PARTY SHALL BE LIMITED TO DIRECT, ACTUAL DAMAGES ONLY AND ALL OTHER DAMAGES AND REMEDIES ARE WAIVED. OTHER THAN WITH RESPECT TO ANY LIQUIDATED DAMAGES PROVIDED FOR UNDER THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT, CONTRACT OR OTHERWISE. 15. Force Majeure (a) Excuse. If either Party is delayed in or prevented from performing or carrying out its obligations under this Agreement by reason of Force Majeure, such 14 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 circumstance shall not constitute a breach hereunder, and such Party shall not be liable to the other Party for or on account of any loss, damage, injury, or expense resulting from, or arising out of, such delay or prevention; provided, however, that the Party encountering such delay or prevention shall use commercially reasonable efforts to remove the causes thereof (with failure to use such efforts constituting a breach hereunder). (b) Force Majeure Events. As used herein, the term "Force Majeure" shall include, without limitation, (i) sabotage, riots or civil disturbances, (ii) acts of God, (iii) acts of the public enemy, (iv) acts of vandalism, (v) terrorist acts affecting the Site, (vi) volcanic eruptions, earthquake, hurricane, flood, ice storms, explosion, fire, lightning, landslide or similarly cataclysmic occurrence, (vii) requirement by Utility that the Generating Facility temporarily discontinue operation for any reason unrelated to any violation of any standard or requirement of SCE by the Power Provider, or (viii) any action by any governmental authority which temporarily prevents or prohibits the Power Provider from carrying out its obligations under this Agreement by no fault of Power Provider. Economic hardship of either Party or inability to procure funds or appropriations shall not constitute a Force Majeure under this Agreement. Force Majeure shall not include strikes and labor disturbances of the Party experiencing that difficulty, and any such event shall not be grounds for modification, suspension or termination of this Agreement. In the event a Party desires to invoke these Force Majeure provisions, such Party shall notify the other Party of a Force Majeure event within thirty (30) days of the event and include a detailed description of the Force Majeure event and how it affects Party's compliance with the terms of this Agreement. (c) Early Termination by Power Provider. Power Provider shall have the right, but not the obligation, to terminate this Agreement prior to expiration of the PPA Term without triggering the default provisions of this Agreement or any liability under this Agreement upon the occurrence of: (i) an unstayed order of a court or administrative agency having the effect of subjecting the sales of Energy Output to federal or state regulation of prices and/or service; or (ii) elimination or alteration of one or more Retained Environmental Financial Incentives or other change in law that results in a material adverse economic impact on Power Provider; or (iii) an annual level of direct beam solar resource availability that is less than or equal to ninety percent (90%) of historical averages as measured by long- term weather data (minimum of five (5) years) collected at the Site and/or other reliable calibrated and appropriate weather station representative of the Site; or (iv) the Purchaser's termination or material breach of the Land Use Agreement prior to the PPA Expiration Date or the end of any Extension PPA Term for 15 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 any reason, provided, however, that Power Provider provides Purchaser thirty (30) days prior written notice of Power Provider's intent to terminate, which shall include the date and basis for the intended termination, and Purchaser shall be provided a reasonable opportunity to correct such basis for termination prior to the termination date.; (d) Early Termination by Purchaser. Purchaser shall have the right, but not the obligation, to terminate this Agreement prior to expiration of the PPA Term without triggering the default provisions of this Agreement or any liability under this Agreement upon the occurrence of: (i) Power Provider's termination or material breach of the Land Use Agreement prior to the PPA Expiration Date or the end of any Extension PPA Term for any reason, provided, however, that Purchaser provides Power Provider thirty (30) days prior written notice of Purchaser's intent to terminate, which shall include the date and basis for the intended termination, and Power Provider shall be provided a reasonable opportunity to correct such basis for termination prior to the termination date.; (ii) an unstayed order of a court or administrative agency having the effect of subjecting the sales of Energy Output to federal or state regulation of prices and/or service; or (iii) rule changes in the respective Utility or Utility control areas, by the respective independent system operators, or their successors, affecting the price to be paid by the Purchaser or other rights and benefits of the Purchaser under this Agreement. (e) No Extension of Term. The PPA Term shall not be extended by reason of Force Majeure. 16. Records Each Party hereto shall keep complete and accurate records of its operations hereunder in accordance with reasonable and customary accounting practices and shall maintain such data as may be necessary to determine with reasonable accuracy any item relevant to this Agreement. Each Party shall have the right to examine all such records insofar as may be necessary for the purpose of ascertaining the reasonableness and accuracy of any statements of costs relating to transactions hereunder. 17. Notices Any notice required or permitted to be given in writing under this Agreement shall be mailed by certified mail, postage prepaid, returned receipt requested, or sent by overnight air courier service, or personally delivered to a representative of the receiving 16 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 party, or sent by facsimile (provided an identical notice is also sent simultaneously by mail, overnight courier, or personal delivery as otherwise provided in this Section 17). All such communications shall be mailed, sent or delivered, addressed to the party for whom it is intended, at its address set forth below: If to Power Provider: If to Purchaser: SMER Research 1, LLC c/o 1458 Strabane Way Folsom, CA 95630 with a copy to: Go Green Consultants, LLC c/o 10013 Winkle Circle Elk Grove, California 95757 Attn: Paul Galindo Southwest Riverside County Energy Authority c/o City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 Attn: City Manager with a copy to: City of Temecula 41000 Main Street Temecula, CA 92590 Attn: City Manager All notices shall be deemed to have been received when delivered in person, sent by facsimile with electronic confirmation of successful transmission, or three days after being sent by registered or certified mail as provided above. 18. Confidentiality All non-public information provided by either Party to the other or which is identified by the disclosing Party in writing as confidential or proprietary information shall be treated in a confidential manner and shall not be disclosed to any third party without the prior written consent of the disclosing Party, which consent shall not be unreasonably withheld. Notwithstanding the preceding, this Section and the restrictions herein contained shall not apply to any data or documentation which is: (i) required to be disclosed pursuant to state or federal law, an order or requirements of a regulatory body or a court, including without limitation the California Public Records Act, Government Code Section 6250 et seq., after five (5) Business Days' notice of such intended disclosure is given by the disclosing Party to the non - disclosing Party or if five (5) Business Days' notice is not practical, then such shorter notice as is practical; (ii) disclosed by a Party to an Affiliate of such Party or in connection with an assignment permitted by Section 19; or 17 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 (iii) is, as of the time of disclosure, public knowledge without the fault of the other Party. 19. Assignment (a) Consent. Neither party shall have the right to assign any of its rights, duties, or obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed provided the proposed assignee has sufficient financial capacity and experience to fulfill the obligations of the assigning party. Any assignment of this Agreement must be made together with a simultaneous assignment of the Land Use Agreement to the assignee of this Agreement. Notwithstanding the foregoing, in the event that Purchaser's benefitting member agency under this Agreement (that is, the City of Temecula) determines, for any reason, to not purchase power as provided in Section 3, a member agency of Purchaser, upon obtaining authorization from Purchaser, shall have the right to purchase power as provided in Section 3 without consent of Power Provider and to take such other action as may be necessary to prevent a forfeiture of Purchaser's rights hereunder. In such a case of another member agency of Purchaser electing to purchase some or all of City of Temecula's power pursuant to this Agreement, it shall be the sole responsibility of Purchaser to notify Southern California Edison of any changes to the benefitting accounts and Power Provider shall have no responsibility for notification or effectuating a change in the benefitting accounts. Notwithstanding the foregoing, the Guaranty of Power Purchase Agreement provided by the City of Temecula (Guarantor therein) shall remain in full force and effect until such time as Power Provider may elect, in its sole and absolute discretion, to accept a substitute guaranty from a successor to the City of Temecula. (b) Power Provider Financing. Power Provider shall be entitled to collaterally assign its right, title and interest in and to this Agreement to its financing parties, and Purchaser shall provide such cooperation and further assurances in connection with Power Provider's efforts to obtain debt and/or equity financing for the Generating Facility as may be reasonably requested by Power Provider. Without limiting the generality of the foregoing, within ten (10) days of Power Provider's written request, Purchaser shall execute and deliver to Power Provider (i) a written consent substantially in the form attached hereto as Exhibit F for the benefit of Power Provider's financing parties, with such changes as may be reasonably requested by such financing parties, and (ii) an estoppel certificate substantially in the form attached hereto as Exhibit G for the benefit of Power Provider's financing parties or equity investors, with such changes as may be reasonably requested by such financing parties or equity investors. 18 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 20. Publicity (a) Press Releases. The Parties share a common desire to generate favorable publicity regarding the Generating Facility and their association with it. The Parties agree that they will, from time to time, issue press releases regarding the Generating Facility and that they will cooperate with each other in connection with the issuance of such releases including, without limitation, completed review of press releases proposed to be issued by the other Party no later than four (4) Business Days after submission by such other Party. Each Party agrees that it shall not issue any official press release regarding the Generating Facility without the prior consent of the other, and each Party agrees not to unduly withhold, condition, or delay any such consent. Such agreement to work together in the release of all press releases is not intended to control, hinder or preclude other casual contact with the media by the parties. (b) Advertisements. Nothing in this Agreement shall limit the rights of the Purchaser to publicize that it is serving as a "solar host" for the Generating Facility and to display photographs of the Generating Facility in its advertising and promotional materials, provided that any such materials identify Power Provider as the owner and developer of the Generating Facility and shall be consistent with Section 5 of this Agreement. Without limiting the foregoing, the Generating Facility shall be named "SMER SOLAR Initiative Research Facility". On all signage at the Site, and in all publicly distributed materials and other public communications issued by either Party that refer to the Generating Facility by name, such name shall be followed by a statement to the effect that Power Provider owns and operates the Generating Facility. (c) Information. Notwithstanding the foregoing and subject only to the provisions on confidential information in Section 18 of this Agreement, Power Provider shall have the right to publish factual information related to the Generating Facility on its website (or the website of any Affiliate) and through other forms of electronic media. Such information may include, but is not limited to, the location of the Generating Facility, the name of the Purchaser, and other features of the Generating Facility. 21. No Set -Off Except as otherwise set forth herein, each Party hereby waives all rights to set- offs of amounts due hereunder. The Parties agree that all amounts due hereunder are independent obligations and shall be made without set-off for other amounts due or owed hereunder. 22. Intellectual Property Nothing in this Agreement shall be construed to convey to Purchaser a license or other right to trademarks, copyrights, technology or other intellectual property of Power Provider (or any Affiliate of Power Provider). 19 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 23. Binding Effect The terms and provisions of this Agreement, and the respective rights, privileges, duties and obligations hereunder of each Party, shall be binding upon, and inure to the benefit of, the Parties and their respective successors and permitted assigns. 24. Amendments No modification of this Agreement shall be effective except by written amendment executed by the Parties; provided, however, that if Purchaser has been notified that Power Provider has collaterally assigned any of its rights, duties or obligations under this Agreement to its financing providers, then the prior written consent of such financing providers is required as well. 25. Counterparts This Agreement may be executed in counterparts, which shall together constitute one and the same agreement. Facsimile signatures shall have the same effect as original signatures and each party consents to the admission in evidence of a facsimile or photocopy of this Agreement in any court or arbitration proceedings between the parties. 26. Other Agreements This Agreement constitutes the entire agreement between the Parties relating to the subject matter hereof and supersedes any other prior agreements, written or oral, between the Parties concerning such subject matter. 27. Third Party Beneficiaries The City of Lake Elsinore, a California municipal corporation and the City of Temecula, a California municipal corporation, each a member of Purchaser, shall each be deemed a third -party beneficiary of this Agreement with respect to all provisions of this Agreement that purport to confer benefits upon the Purchaser. Power Provider's financing parties shall be deemed a third -party beneficiary of this Agreement with respect to all provisions of this Agreement that purport to confer benefits upon the such financing parties or impose obligations upon Purchaser or Power Provider in order to protect the interest of such financing parties. Except as provided herein, nothing in this Agreement shall provide any benefit to any other third party or entitle any third party to any claim, cause of action, remedy or right of any kind, it being the intent of the Parties that this Agreement shall not be construed as a third party beneficiary contract except as provided herein. 20 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 28. Severability Should any provision of this Agreement for any reason be declared invalid or unenforceable by final and non -appealable order of any court or regulatory body having jurisdiction, and such invalidity does not prevent the continued operation of the facility or materially affect the rights and interest of the parties pursuant to the Agreement, such decision shall not affect the validity of the remaining portions, and the remaining portions shall remain in full force and effect as if the Agreement had been executed without the invalid provision so long as the economic or legal substance of the transactions contemplated in this Agreement is not affected in any manner materially adverse to any party hereto. 29. Survival Any provision of this Agreement that expressly or by implication comes into effect or should remain in effect following the termination or expiration of this Agreement shall survive the termination or expiration of this Agreement, including Sections 12, 13, 14 and 18 hereof. 30. Governing Law This Agreement shall be construed in accordance with the laws of the state of California (without regard to its conflict of laws principles). 31. Legal Effect of Contract (a) Forward Contract. The Parties acknowledge and agree that the transaction contemplated under this Agreement constitutes a "forward contract" within the meaning of the United States Bankruptcy Code, and the Parties further acknowledge and agree that each Party is a "forward contract merchant" within the meaning of the United States Bankruptcy Code. (b) No Lease. The Parties acknowledge and agree that, for accounting or tax purposes, this Agreement is not and shall not be construed as a capital lease and, pursuant to section 7701(e)(3) of the Code, this Agreement is and shall be deemed to be a service contract with respect to the sale to the Purchaser of electric energy produced at an alternative energy facility. (c) No Partnership. This Agreement is not intended, and shall not be construed, to create any association, joint venture, agency relationship or partnership between the Parties or to impose any such obligation or liability upon either Party. Neither Party shall have any right, power or authority to enter into any agreement or undertaking for, or act as or be an agent or representative of, or otherwise bind, the other Party. 21 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 32. Cooperation (a) Additional Documents. Upon the receipt of a written request from the other Party, each Party shall execute such additional documents, instruments and assurances and take such additional actions (including assisting the other in obtaining any applicable permits) as are reasonably necessary to carry out the terms and intent hereof. Neither Party shall unreasonably withhold, condition or delay its compliance with any reasonable request made pursuant to this Section 32. Without limiting the foregoing, the Parties acknowledge that they are entering into a long-term arrangement in which the cooperation of both of them will be required. (b) Utility Rule Changes. The Parties acknowledge that adjustments in the terms and conditions of the Agreement may be appropriate to account for rule changes in the respective Utility or Utility control areas, by the respective independent system operators, or their successors, that could not be anticipated at the date of execution of this Agreement or that are beyond the control of the Parties, and Purchaser agrees to reasonably consider and accept Power Provider's proposal(s) regarding commercially reasonable amendments as may be reasonably required to comply therewith. (c) Dispute Resolution. In the event that a dispute arises between the Parties in connection with this Agreement, the Parties agree that for a period of thirty (30) days, the Parties will attempt to resolve such dispute informally through meetings of senior executives of each of the Parties. If the dispute is not resolved after such thirty (30) day period, the Parties may pursue all rights available to each of them. 33. Ownership of the Generating Facility for Tax Purposes (a) Generating Facility Ownership. It is the intent of the Parties that the Generating Facility be treated as personal property for all purposes. Purchaser acknowledges and agrees that regardless of whether the Generating Facility, or any part thereof, is or becomes a fixture on the Premises, Power Provider is the exclusive owner and operator of the Generating Facility, and Purchaser shall have no ownership interest in the Generating Facility or any equipment associated therewith. Power Provider and Purchaser hereby agree and acknowledge that Purchaser shall have no responsibility hereunder for operation or maintenance of the Generating Facility under this Agreement. Neither Purchaser nor any party related thereto shall have the right or be deemed to operate the Generating Facility within the meaning of section 7701(e)(4)(A)(i) of the Code. The Parties agree that Power Provider is the owner of the Generating Facility for all purposes, including without limitation all purposes under the Code. Power Provider shall be entitled to, and is hereby authorized to, file one or more precautionary UCC financing statements or fixture filings in such jurisdictions as it deems appropriate with respect to the Generating Facility in order to provide notice of its ownership of the Generating Facility. 22 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 (b) Financial Burden. Notwithstanding any provision to the contrary under this Agreement, neither Purchaser nor any Person related to Purchaser shall bear or be deemed to bear any significant financial burden if there is nonperformance by Power Provider under this agreement, as the phrase "any significant financial burden if there is nonperformance" is used in section 77O1(e)(4)(A)(ii) of the Code. (c) Financial Benefit. Notwithstanding any provision to the contrary under this Agreement, neither Purchaser nor any Person related to Purchaser shall receive or be deemed to receive any significant financial benefit if the operating costs of the Generating Facility are less than the standard of performance and/or operation set forth in this Agreement, as the phrase "significant financial benefit if the operating costs of the Generating Facility are less than the standards of performance or operation" is used in section 77O1(e)(4)(A)(iii) of the Code. [Signature page to follow] 23 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 IN WITNESS WHEREOF, the undersigned have duly executed and delivered this Solar Power Purchase Agreement as of the day and year first above written. SMER Research 1, LLC By: Name: William P. Love Title: Managing Member Southwest Riverside County Energy Authority By: Name: Title: Attest: Name: Title: Approved as to Form: By: Name: Title: Signature Page Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Exhibit A Definitions and Rules of Interpretation 1. Definitions. "Affiliate" means, when used with reference to a specified Party, any Person that, directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with the specified Party. "Agreement" has the meaning given in the preamble. "Business Day" means any day on which Federal Reserve member banks in San Francisco, California are open for business. "Code" means the Internal Revenue Code of 1986, as amended. "Commercial Operation" means the condition existing when (i) the Generating Facility is mechanically complete and operating in accordance with the specifications set forth in Exhibit B, and (ii) energy is delivered to the Energy Delivery Point. "Commercial Operation Date" means the date on which Power Provider notifies Purchaser in accordance with Section 2(a) that the Generating Facility has achieved Commercial Operation. "Completion Activities" has the meaning given in Section 2(c). "CPUC" means the California Public Utilities Commission. "Default Rate" means the lesser of one percent (1%) per month or the maximum rate permitted by applicable law. "Due Date" has the meaning given in Section 8. "Energy Delivery Point" means the energy delivery point within the Site's electrical system on Purchaser's side of the Site's Utility meter, as designated in the Interconnection Agreement, as shown in the single -line drawing attached as Exhibit E. "Energy" means the electrical output generated by the Generating Facility. "Energy Output" means the total quantity of the actual net energy generated by the Generating Facility (measured in kWh -ac) and delivered to the Energy Delivery Point, in any given period of time. Energy Output does not include the Retained Environmental Financial Incentives or the Green Attributes. "Environmental Laws" means all federal, state, local and regional laws, statutes, ordinances, orders, rules and regulations relating to the protection of human health or the environment including, without limitation, the Resource Conservation and Recovery Exhibit A - 1 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Act of 1976, the Comprehensive Environmental Response Compensation and Liability Act of 1980, the Hazardous Materials Transportation Act, the Safe Drinking Water Act, the Clean Water Act, the Clean Air Act, the Toxic Substances Control Act, and any other applicable federal, state or local law now in force or hereafter enacted relating to waste disposal or environmental protection with respect to hazardous, toxic, or other substances generated, produced, leaked, released, spilled or disposed of at or from the Site, as any of the same may be amended or supplemented from time to time, and any regulation promulgated pursuant thereto. "Extension PPA Term" has the meaning given in Section 4(b). "Force Majeure" has the meaning given in Section 15. "Generating Facility" means an electricity grid -connected photovoltaic, solar power plant with the specifications shown in Exhibit B, and all associated electric power generation equipment, controls, meters, switches, connections, conduits, wires and other equipment that may be necessary to connect such solar power plant to the Energy Delivery Point and to supply electricity to Purchaser at the Energy Delivery Point. "Green Attributes" means any and all credits, benefits, emissions reductions, offsets and allowances, howsoever entitled, attributable to the generation of the Energy Output from the Generating Facility, and its displacement of conventional energy generation. Green Attributes include but are not limited to Renewable Energy Certificates, as well as: (1) any avoided emissions of pollutants to the air, soil or water such as sulfur oxides (SOx), nitrogen oxides (NOx), carbon monoxide (CO) and other pollutants; (2) any avoided emissions of carbon dioxide (CO2), methane (CH4), nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride and other greenhouse gases (GHGs) that have been determined by the United Nations Intergovernmental Panel on Climate Change, or otherwise by law, to contribute to the actual or potential threat of altering the earth's climate by trapping heat in the atmosphere; and (3) the reporting rights to these avoided emissions, such as REC Reporting Rights. Green Attributes do not include (i) any Energy, capacity, reliability or other power attributes from the Generating Facility, (ii) the Retained Environmental Financial Incentives, (iii) fuel -related subsidies or "tipping fees" that may be paid to Power Provider to accept certain fuels, or local subsidies received by the generator for the destruction of particular preexisting pollutants or the promotion of local environmental benefits, or (iv) emission reduction credits encumbered or used by the Generating Facility for compliance with local, state, or federal operating and/or air quality permits. "Ground Lease Agreement" means the certain Ground Lease Agreement between the Trustees of the California State University San Diego State University and SMER Research 1, LLC, dates as of October 21, 2014 (SDSU Agreement 40096313). "Indemnified PPA Party" has the meaning given in Section 12(a). Exhibit A - 2 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 "Indemnifying PPA Party" has the meaning given in Section 12(a). "Initial PPA Term" has the meaning given in Section 4(a). "Interconnection Agreement" means an interconnection agreement entered into by and between Purchaser and the Utility, as in effect on the PPA Effective Date, substantially in the form attached to the PPA as Exhibit D or such other approved form as may be in effect immediately prior to the Commercial Operation Date or as otherwise applicable during the PPA Term. "Interconnection Facilities" means collectively to include all facilities and equipment between the Generating Facility and the Point of Interconnection, including any modification, additions or upgrades that are necessary to physically and electrically interconnect the Generating Facility to the Distribution Provider's Distribution System. "Land Use Agreement" means the Sublease Agreement by and between Power Provider and Purchaser in substantially the same form as provided in Exhibit H. "Landlord" has the meaning given in the preamble in the Land Use Agreement. "Party" and/or "Parties" means a party or the parties to the PPA. "Permits" has the meaning given in Land Use Agreement Section 6(b). "Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust, trustee, estate, limited liability company, unincorporated organization, real estate investment trust, government or any agency or political subdivision thereof, or any other form of entity. Term. "Power Provider" has the meaning given in the PPA preamble. "PPA" has the meaning given in the preamble. "PPA Effective Date" has the meaning given in the preamble to the PPA. "PPA Expiration Date" means the last day of the PPA Term. "PPA Event of Default" has the meaning given in Section 13. "PPA Term" means, collectively, the Initial PPA Term and the Extension PPA "Pre -Construction Activities" has the meaning given in Section 2(b). "Premises" has the meaning given in Land Use Agreement Exhibit H. Exhibit A - 3 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 "Prudent Industry Practices" means those practices, methods and equipment, as changed from time to time, that are commonly used in the state of California in prudent electrical engineering and operations to operate photovoltaic solar generation equipment lawfully and with safety, reliability, efficiency and expedition. Prudent Industry Practices are not intended to be limited to the optimum practices, methods or equipment to the exclusion of others, but rather to those practices, methods or equipment generally accepted or approved by a significant portion of the photovoltaic solar power industry during the relevant time period. "Purchase Price means $0.1253/kWh-ac. "Purchaser" has the meaning given in the PPA preamble. "Rebate Payments" means any incentive payments made to Power Provider by a third party in connection with the Generating Facility. "RECs" or "Renewable Energy Certificates" mean renewable energy certificates related to and representing Green Attributes (also known as green tags, renewable energy credits, or tradable renewable certificates), which are tradable environmental commodities in the United States and represent 1 megawatt -hour (MWh) of electricity generated from an eligible renewable energy resource. These certificates can be sold and traded and the owner of the REC can claim to have purchased renewable energy. "REC Reporting Rights" are the right of an owner of RECs to report the ownership of accumulated RECs in compliance with federal or state law, if applicable, and to a federal or state agency or any other party at its discretion, and include without limitation those REC Reporting Rights accruing under section 1605(b) of the Energy Policy Act of 1992 and any present or future federal, state, or local law, regulation or bill, and international or foreign emissions trading program. "Retained Environmental Financial Incentives" means each of the following financial rebates and incentives that is in effect as of the PPA Effective Date or may come into effect in the future: (1) production, energy, or investment tax credits associated with the development, construction, ownership or operation of the Generating Facility, accelerated depreciation and other financial incentives in the form of credits, reductions or allowances associated with the Generating Facility or the Green Attributes that may be applied to reduce any state or federal income taxation obligations, including but not limited to the Tax Incentives, and (2) performance-based incentives under applicable state or federal law or utility programs, including but not limited to the Rebate Payments. Without limiting the foregoing, "Retained Environmental Financial Incentives" includes the right to apply for (and entitlement to receive) incentives under any demand-side management, distributed generation or energy efficiency programs offered by a utility company, a third -party provider or the State in which the Generating Facility is located, any incentive offered pursuant to a Exhibit A - 4 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 renewable energy program or any other incentive programs offered by or in the state in which the Generating Facility is located. "SCADA" has the meaning given in Section 6(a). "Site" means the Santa Margarita Ecological Reserve, Solar Institute Research Site, Temecula, Southern Riverside County, or such other location agreed to by Power Provider and Purchaser on which the Generating Facility is to be located. "Target Commercial Operation Date" has the meaning given in Section 2(c). "Tax Incentives" means all rights to and to claim federal income tax credits under sections 45 or 48 of the Code (or a cash grant in lieu thereof) and all other federal, state and/or local tax benefits arising from the ownership of the Generating Facility, including without limitation, any special income tax deductions under the Code. "Tenant" has the meaning given in the preamble to the Land Use Agreement. "Termination Value" means the dollar amount for the applicable PPA year as shown on Exhibit C and is only in consideration to the initial 20 year term, and not to include any extensions of term. "Utility" means the electric distribution company responsible for electric energy transmission and distribution service at the Site. The Parties acknowledge and agree that, as of the PPA Effective Date, the Utility is Southern California Edison Company. 2. Rules of Interpretation. Except where otherwise expressly provided or unless the context otherwise necessarily requires: (a) Reference within an Agreement to a given Section, Subsection, clause, Exhibit or Schedule is a reference to an Section, Subsection, clause, Exhibit or Schedule of such Agreement, as the case may be, unless otherwise specified. (b) Reference within an Agreement to the terms "hereof", "herein", "hereto", "hereunder" and "herewith" refer to such Agreement as a whole. (c) Reference to a given agreement, instrument, document, law, rule or regulation is a reference to that agreement, instrument, document, law, rule or regulation as modified, amended, supplemented and restated through the date as of which such reference is made, and, as to any law, rule or regulation, any successor law, rule or regulation. (d) Accounting terms have the meanings given to them by applicable U.S. generally accepted accounting principles applied on a consistent basis. Exhibit A - 5 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 (e) Reference to a Person includes its successors and permitted assigns. (f) The singular shall include the plural and the masculine shall include the feminine, and vice versa. (g) limitation." "Includes" or "including" means "including, for example and without (h) References to "days" shall mean calendar days, unless the term "Business Days" is used. (i) Preparation of an Agreement has been a joint effort of both Parties thereto and their legal counsel and the resulting document shall not be construed more severely against one of the Parties than against the other. (j) The captions contained in an Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of the Agreement or the intent of any provision contained therein. (k) Any failure of a Party to enforce any of the provisions of an Agreement or to require compliance with any of its terms at any time during the term of an Agreement shall in no way affect the validity thereof, or any part thereof, and shall not be deemed a waiver of the right of such Party thereafter to enforce any and each of such provisions. Exhibit A - 6 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Exhibit B Generating Facility Specifications Purchaser PV Projects Location Size Est. Annual 1st Year Production Type Number and Type of Module Santa Margarita Ecological Reserve SOLAR Initiative Research Site 2,250 KW -dc 3,912,548 Solar PV TBD Exhibit B - 1 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Exhibit C Termination Values Year of Contract Total Lease Area 1 Lease Area 2 1 $6,764,024 $4,193,694.88 $2,570,329.12 2 $6,477,603 $4,016,113.86 $2,461,489.14 3 $6,186,507 $3,835,634.34 $2,350,872.66 4 $5,890,619 $3,652,183.78 $2,238,435.22 5 $5,590,197 $3,465,922.14 $2,124,274.86 6 $5,284,371 $3,276,310.02 $2,008,060.98 7 $4,973,385 $3,083,498.70 $1,889,886.30 8 $4,657,109 $2,887,407.58 $1,769,701.42 9 $4,335,705 $2,688,137.10 $1,647,567.90 10 $4,008,458 $2,485,243.96 $1,523,214.04 11 $3,675,514 $2,278,818.68 $1,396,695.32 12 $3,336,733 $2,068,774.46 $1,267,958.54 13 $2,992,169 $1,855,144.78 $1,137,024.22 14 $2,641,274 $1,637,589.88 $1,003,684.12 15 $2,284,092 $1,416,137.04 $867,954.96 16 $1,920,465 $1,190,688.30 $729,776.70 17 $1,550,338 $961,209.56 $589,128.44 18 $1,173,338 $727,469.56 $445,868.44 19 $789,398 $489,426.76 $299,971.24 20 $398,344 $246,973.28 $151,370.72 Thereafter $0 $0 $0 Termination Value reflects the amount required as payment due to a PPA Event of Default (Section 13(a)). The respective termination values for the Lease Area 1 (City of Temecula) and Lease Area 2 (City of Lake Elsinore) are proportionate to the amount of energy purchased by the JPA to benefit each City at the initiation of the Agreement. Should the proportionate energy purchased by the Purchaser JPA participants change during the term of agreement, the relative termination values would also change proportionately. Exhibit C - 1 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Exhibit D [Form of Interconnection Agreement] FORM RULE 21 GENERATOR INTERCONNECTION AGREEMENT (GIA) FOR EXPORTING GENERATING FACILITIES INTERCONNECTING UNDER THE FAST TRACK PROCESS BETWEEN AND SOUTHERN CALIFORNIA EDISON COMPANY PROJECT: (SCE ) Exhibit D - i Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 TABLE OF CONTENTS Article 1 Scope and Limitations of Agreement 1 1.1 Applicability 1 1.2 Purpose 2 1.3 No Agreement to Purchase or Deliver Power 2 1.4 Limitations 2 1.5 Responsibilities of the Parties 2 1.6 Parallel Operation Obligations 3 1.7 Metering 4 1.8 Reactive Power 4 1.9 Capitalized Terms 4 Article 2 Inspection, Testing, Authorization, and Right of Access 4 2.1 Equipment Testing and Inspection 4 2.2 Authorization Required Prior to Parallel Operation 5 2.3 Right of Access 5 Article 3 Effective Date, Term, Termination, and Disconnection 6 3.1 Effective Date 6 3.2 Term of Agreement 6 3.3 Termination 6 3.4 Temporary Disconnection 7 Article 4 Cost Responsibility for Interconnection Facilities and Distribution Upgrades 9 4.1 Interconnection Facilities 9 4.2 Distribution Upgrades 10 Article 5 Cost Responsibility for Network Upgrades 10 5.1 Applicability 10 5.2 Network Upgrades 10 5.3 [Intentionally Omitted] 11 5.4 Rights Under Other Agreements 11 Article 6 Billing, Payment, Milestones, and Financial Security 12 6.1 Billing and Payment Procedures and Final Accounting 12 6.2 Milestones 12 6.3 Financial Security Arrangements 13 Article 7 Assignment, Liability, Indemnity, Uncontrollable Force, Consequential Damages, and Default 13 7.1 Assignment 13 7.2 Limitation of Liability 14 7.3 Indemnity 14 Exhibit D - Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 7.4 Consequential Damages 15 7.5 Uncontrollable Force 15 7.6 Default 16 Article 8 Insurance 16 8.1 General Liability and Additional Insurance 16 8.2 Maintenance of Insurance 17 8.3 Notification 17 Article 9 Confidentiality 17 9.1 Definition of Confidential Information 17 Article 10 Disputes 19 10.1 Dispute Resolution 19 Article 11 Taxes 19 11.1 Applicable Tax Laws and Regulation 19 11.2 Maintenance of Tax Status 19 Article 12 Miscellaneous 19 12.1 Governing Law, Regulatory Authority, and Rules 19 12.2 Amendment 19 12.3 No Third -Party Beneficiaries 19 12.4 Waiver 20 12.5 Entire Agreement 20 12.6 Multiple Counterparts 20 12.7 No Partnership 20 12.8 Severability 21 12.9 CPUC Modification 22 12.10 Review of Records and Data 22 Article 13 Notices 22 13.1 General 22 13.2 Billing and Payment 23 13.3 Alternative Forms of Notice 23 13.4 Designated Operating Representative 24 13.5 Changes to the Notice Information 25 Article 14 Signatures 25 Exhibit D - Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Attachment 1 — Glossary of Terms Attachment 2 — Description and Costs of the Generating Facility, Interconnection Facilities, and Metering Equipment Attachment 3 — One -line Diagram Depicting the Generating Facility, Interconnection Facilities, Metering Equipment, and Upgrades Attachment 4 — Milestones Attachment 5 — Additional Operating Requirements for the Distribution Provider's Distribution System and Affected Systems Needed to Support the Interconnection Customer's Needs Attachment 6 — Distribution Provider's Description of its Upgrades and Cost Responsibility Exhibit D - iv Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 This Interconnection Agreement ("Agreement" or "GIA") is made and entered into this day of 2017, by Southern California Edison Company ("Distribution Provider"), and Southwest Riverside County Energy Authority ("Interconnection Customer") each hereinafter sometimes referred to individually as "Party" or both referred to collectively as the "Parties." Distribution Provider Information Distribution Provider: Attention: Address: City: State: Zip: Phone: Fax: Southern California Edison Company Grid Contract Management 2244 Walnut Grove Avenue Rosemead, California 91770 (626) 302-9640 (626) 302-1152 Interconnection Customer Information Interconnection Customer: Attention: Address: City: State: Zip: Phone: Fax: Southwest Riverside County Energy Authority c/o City of Lake Elsinore Attn: City Manager 130 S. Main Street Lake Elsinore, CA 92530 (951) 674-3124 (951) 674-2392 Interconnection Customer Application No: [GFID8284] WHEREAS, Interconnection Customer proposes to interconnect to the Distribution System; WHEREAS, the basis for the Parties entering into this Agreement is that Interconnection Customer is a Qualifying Facility ("QF") and will sell all of its exports to the grid to the Distribution Provider under a power purchase agreement ("PPA") entered into pursuant to the Public Utility Regulatory Policies Act of 1978 ("PURPA"); or WHEREAS, the basis for the Parties entering into this Agreement is: Interconnection Customer has complied with the Fast Track Process pursuant to Section F.2 of Rule 21. Interconnection Customer represents that, as of the date of this GIA, it does not have an agreement to sell or deliver power. Notwithstanding this fact, the Interconnection Customer wishes to continue the interconnection process and enter into this GIA. THEREFORE, in consideration of the mutual covenants set forth herein, the Parties agree as follows: Article 1 Scope and Limitations of Agreement 1.1 Applicability This Agreement shall be used for an interconnection governed by the Distribution Provider's California Public Utilities Commission ("CPUC") approved Electric Rule 21 ("Rule 21") of a Generating Facility that sells all of its exports to the grid to the Exhibit D - 1 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Distribution Provider. This Agreement is not applicable to NEM Producers, Non -Export Producers and non -compensated exporting Producers. 1.2 Purpose This Agreement incorporates in its entirety the Distribution Provider's Rule 21, subject to any modifications the CPUC may direct in the exercise of its jurisdiction. This Agreement governs the terms and conditions under which the Interconnection Customer's Generating Facility will interconnect with, and operate in parallel with, the Distribution Provider's Distribution System. In the event of inconsistency between this Agreement and the terms of Rule 21, the provisions of the latter shall control. 1.3 No Agreement to Purchase or Deliver Power This Agreement does not constitute an agreement to purchase or deliver the Interconnection Customer's power. The purchase or delivery of power and other services that the Interconnection Customer may require will be covered under separate agreements, if any. The Interconnection Customer will be responsible for separately making all necessary arrangements (including scheduling) for delivery of electricity. 1.4 Limitations Nothing in this Agreement is intended to affect any other agreement between the Distribution Provider and the Interconnection Customer. 1.5 Responsibilities of the Parties 1.5.1 The Parties shall perform all obligations of this Agreement in accordance with all Applicable Laws and Regulations, Operating Requirements, and Good Utility Practice. 1.5.2 The Interconnection Customer shall construct, interconnect, operate and maintain its Generating Facility and construct, operate, and maintain its Interconnection Facilities in accordance with the applicable manufacturer's recommended maintenance schedule, and in accordance with this Agreement, and with Good Utility Practice. 1.5.3 The Distribution Provider shall construct, operate, and maintain its Distribution System, Transmission System, Interconnection Facilities, Distribution Upgrades and Network Upgrades in accordance with this Agreement, and with Good Utility Practice. 1.5.4 The Interconnection Customer agrees to construct its facilities or systems in accordance with applicable specifications that meet or exceed those provided by the National Electrical Safety Code, the American National Standards Institute, IEEE, Underwriter's Laboratory, Exhibit D - 2 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 and Operating Requirements in effect at the time of construction and other applicable national and state codes and standards. The Interconnection Customer agrees to design, install, maintain, and operate its Generating Facility so as to reasonably minimize the likelihood of a disturbance adversely affecting or impairing the system or equipment of the Distribution Provider and any Affected Systems. The Interconnection Customer shall comply with the Distribution Provider's Interconnection Handbook. In the event of a conflict between the terms of this GIA and the terms of the Distribution Provider's Interconnection Handbook, the terms in this GIA shall govern. 1.5.5 Each Party shall operate, maintain, repair, and inspect, and shall be fully responsible for the facilities that it now or subsequently may own unless otherwise specified in the Attachments to this Agreement. Each Party shall be responsible for the safe installation, maintenance, repair and condition of their respective lines and appurtenances on their respective sides of the point of change of ownership. The Distribution Provider and the Interconnection Customer, as appropriate, shall provide Interconnection Facilities that adequately protect the Distribution Provider's Transmission System, Distribution System, personnel, and other persons from damage and injury. The allocation of responsibility for the design, installation, operation, maintenance and ownership of Interconnection Facilities shall be delineated in the Attachments to this Agreement. 1.5.6 The Distribution Provider shall coordinate with Affected Systems to support the interconnection. 1.5.7 The Interconnection Customer shall maintain QF status during the term of this Agreement. 1.6 Parallel Operation Obligations Once the Generating Facility has been authorized to commence parallel operation, the Interconnection Customer shall abide by all rules and procedures pertaining to the parallel operation of the Generating Facility in the applicable balancing authority area, including, but not limited to; 1) the rules and procedures concerning the operation of generation set forth in Rule 21 or by the applicable system operator(s) for the Distribution Provider's Distribution System and; 2) the Operating Requirements set forth in Attachment 5 of this Agreement. Exhibit D - 3 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 1.7 Metering The Interconnection Customer shall be responsible for the Distribution Provider's reasonable and necessary cost for the purchase, installation, operation, maintenance, testing, repair, and replacement of metering and data acquisition equipment specified in Attachments 2 and 3 of this Agreement. The Interconnection Customer's metering (and data acquisition, as required) equipment shall conform to applicable industry rules and Operating Requirements. Nothing in this provision replaces or alters the metering requirements in the Interconnection Customer's PPA. 1.8 Reactive Power 1.8.1 The Interconnection Customer shall design its Generating Facility to maintain a composite power delivery at continuous rated power output at the Point of Interconnection and the Generating Facility shall be capable of operating within a power factor range of 0.9 leading to 0.9 lagging, unless the Distribution Provider has established different requirements that apply to all similarly situated generators in the balancing authority area on a comparable basis. Operation outside this range is acceptable provided the reactive power of the Generating Facility is used to meet the reactive power needs of the Host Loads or that reactive power is otherwise provided under tariff by Distribution Provider. The Interconnection Customer shall notify Distribution Provider if it is using the Generating Facility for power factor correction. Unless otherwise agreed upon by the Interconnection Customer and Distribution Provider, Generating Facilities shall automatically regulate power factor, not voltage, while operating in parallel with Distribution Provider's Distribution System. 1.9 Capitalized Terms Capitalized terms used herein shall have the meanings specified in the Glossary of Terms in Attachment 1 or the body of this Agreement. Article 2 Inspection, Testing, Authorization, and Right of Access 2.1 Equipment Testing and Inspection 2.1.1 Pursuant to Rule 21, the Interconnection Customer shall test and inspect its Generating Facility and Interconnection Facilities prior to interconnection. The Interconnection Customer shall notify the Distribution Provider of such activities no fewer than five Business Days (or as may be agreed to by the Parties) prior to such testing and inspection. Testing and inspection shall occur on a Business Day. The Distribution Provider may, at its own expense, send qualified personnel to the Generating Facility site to inspect the interconnection and observe Exhibit D - 4 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 the testing. The Interconnection Customer shall provide the Distribution Provider a written test report when such testing and inspection is completed. 2.1.2 The Distribution Provider shall provide the Interconnection Customer written acknowledgment that it has received the Interconnection Customer's written test report. Such written acknowledgment shall not be deemed to be or construed as any representation, assurance, guarantee, or warranty by the Distribution Provider of the safety, durability, suitability, or reliability of the Generating Facility or any associated control, protective, and safety devices owned or controlled by the Interconnection Customer or the quality of power produced by the Generating Facility. 2.2 Authorization Required Prior to Parallel Operation 2.2.1 The Distribution Provider shall use Reasonable Efforts to list applicable parallel operation requirements in Attachment 5 of this Agreement. Additionally, the Distribution Provider shall notify the Interconnection Customer of any changes to these requirements as soon as they are known. The Distribution Provider shall make Reasonable Efforts to cooperate with the Interconnection Customer in meeting requirements necessary for the Interconnection Customer to commence parallel operations by the in-service date. 2.2.2 The Interconnection Customer shall not operate its Generating Facility in parallel with the Distribution Provider's Distribution System without prior written authorization of the Distribution Provider. The Distribution Provider will provide such authorization once the Distribution Provider receives notification that the Interconnection Customer has complied with all applicable parallel operation requirements. Such authorization shall not be unreasonably withheld, conditioned, or delayed. 2.3 Right of Access 2.3.1 Upon reasonable notice, the Distribution Provider may send a qualified person to the premises of the Interconnection Customer at or immediately before the time the Generating Facility first operates in parallel to inspect the interconnection, and observe the commissioning of the Generating Facility (including any required testing), startup, and operation for a period of up to three (3) Business Days after initial start- up of the unit. In addition, the Interconnection Customer shall notify the Distribution Provider at least five (5) Business Days prior to conducting any on-site verification testing of the Generating Facility. Exhibit D - 5 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 2.3.2 Following the initial inspection process described above, at reasonable hours, and upon reasonable notice, or at any time without notice in the event of an emergency or hazardous condition, the Distribution Provider shall have access to the Interconnection Customer's premises for any reasonable purpose in connection with the performance of the obligations imposed on it by this Agreement or if necessary to meet its legal obligation to provide service to its customers. 2.3.3 Costs associated with this Article are subject to the relevant provisions of Rule 21. Article 3 Effective Date, Term, Termination, and Disconnection 3.1 Effective Date This Agreement shall become effective upon execution by the Parties. 3.2 Term of Agreement This Agreement shall become effective on the Effective Date and shall remain in effect for a period of years from the Effective Date or such other longer period as the Parties may agree and shall be automatically renewed for each successive one-year period thereafter, unless terminated earlier in accordance with article 3.3 of this Agreement. 3.3 Termination No termination shall become effective until the Parties have complied with all Applicable Laws and Regulations applicable to such termination. 3.3.1 The Interconnection Customer may terminate this Agreement at any time by giving the Distribution Provider twenty (20) Business Days written notice. 3.3.2 Either Party may terminate this Agreement after Default pursuant to article 7.6. 3.3.3 In addition, if the basis for Rule 21 applicability for this interconnection is based on the Interconnection Customer maintaining QF status and selling all its exports to the grid to Distribution Provider under a PURPA PPA, then this provision applies and Distribution Provider may terminate this Agreement if Interconnection Customer fails to maintain its QF status for the term of this Agreement or upon termination of Interconnection Customer's PURPA PPA. 3.3.3.1 If Section 3.3.3 applies, Interconnection Customer is responsible for maintaining QF status and must notify Exhibit D - 6 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Distribution Provider sixty (60) Calendar Days in advance of Interconnection Customer failing to maintain its QF status, selling to a third -party, or termination of its PURPA PPA. If Interconnection Customer fails to provide such notice, it is wholly responsible for any penalties incurred from any Governmental Authority or the California Independent System Operator Corporation ("CAISO"), including penalties and charges incurred by the Distribution Provider, as a result of this failure to notify the Distribution Provider. 3.3.3.2 If Interconnection Customer is no longer eligible for a Rule 21 interconnection then Distribution Provider may terminate this Agreement. 3.3.4 Upon termination of this Agreement, the Generating Facility will be disconnected from the Distribution Provider's Distribution System. All costs required to effectuate such disconnection shall be borne by the terminating Party, unless such termination resulted from the non - terminating Party's Default of this GIA or such non -terminating Party otherwise is responsible for these costs under this GIA. 3.3.5 The termination of this Agreement shall not relieve either Party of its liabilities and obligations, owed or continuing at the time of the termination. 3.3.6 This provisions of this article shall survive termination or expiration of this Agreement. 3.3.7 If the Generating Facility no longer falls within the scope and description provided in Section 1 1 of this Agreement, this Agreement is terminated. 3.4 Temporary Disconnection Temporary disconnection shall continue only for so long as reasonably necessary under Good Utility Practice. 3.4.1 Emergency Conditions -- "Emergency Condition" shall mean a condition or situation: (1) that in the judgment of the Party making the claim is imminently likely to endanger life or property; or (2) that, in the case of the Distribution Provider, is imminently likely (as determined in a non-discriminatory manner) to cause a material adverse effect on the security of, or damage to the Distribution System, the Distribution Provider's Interconnection Facilities or any Affected Systems(s); or (3) that, in the case of the Interconnection Customer, is imminently likely (as determined in a non-discriminatory manner) to cause a material Exhibit D - 7 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 adverse effect on the security of, or damage to, the Generating Facility or the Interconnection Customer's Interconnection Facilities. Under Emergency Conditions, the Distribution Provider may immediately suspend interconnection service and temporarily disconnect the Generating Facility. The Distribution Provider shall notify the Interconnection Customer promptly when it becomes aware of an Emergency Condition that may reasonably be expected to affect the Interconnection Customer's operation of the Generating Facility. The Interconnection Customer shall notify the Distribution Provider promptly when it becomes aware of an Emergency Condition that may reasonably be expected to affect the Distribution Provider's Distribution System or any Affected Systems. To the extent information is known, the notification shall describe the Emergency Condition, the extent of the damage or deficiency, the expected effect on the operation of both Parties' facilities and operations, its anticipated duration, and the necessary corrective action. 3.4.2 Routine Maintenance, Construction, and Repair. The Distribution Provider may interrupt interconnection service or curtail the output of the Generating Facility and temporarily disconnect the Generating Facility from the Distribution Provider's Distribution System when necessary for routine maintenance, construction, and repairs on the Distribution Provider's Distribution System and/or Transmission System. The Distribution Provider shall provide the Interconnection Customer with five Business Days' notice prior to such interruption. The Distribution Provider shall use Reasonable Efforts to coordinate such reduction or temporary disconnection with the Interconnection Customer. 3.4.3 Forced Outages. During any forced outage, the Distribution Provider may suspend interconnection service to effect immediate repairs on the Distribution Provider's Distribution System and/or Transmission System. The Distribution Provider shall use Reasonable Efforts to provide the Interconnection Customer with prior notice. If prior notice is not given, the Distribution Provider shall, upon request, provide the Interconnection Customer written documentation after the fact explaining the circumstances of the disconnection. 3.4.4 Adverse Operating Effects. The Distribution Provider shall notify the Interconnection Customer as soon as practicable if, based on Good Utility Practice, operation of the Generating Facility may cause disruption or deterioration of service to other customers served from the same electric system, or if operating the Generating Facility could cause damage to the Distribution Provider's Distribution System or Affected Systems. Supporting documentation used to reach the decision to Exhibit D - 8 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 disconnect shall be provided to the Interconnection Customer upon request. If, after notice, the Interconnection Customer fails to remedy the adverse operating effect within a reasonable time, the Distribution Provider may disconnect the Generating Facility. The Distribution Provider shall provide the Interconnection Customer with five Business Day notice of such disconnection, unless the provisions of article 3.4.1 apply. 3.4.5 Modification of the Generating Facility. The Interconnection Customer must receive written authorization from the Distribution Provider before making any change to the Generating Facility that may have a material impact on the safety or reliability of the Distribution System and/or the Transmission System. Such authorization shall not be unreasonably withheld. Modifications shall be done in accordance with Good Utility Practice. If the Interconnection Customer makes such modification without the Distribution Provider's prior written authorization, the latter shall have the right to temporarily disconnect the Generating Facility. 3.4.6 Reconnection. The Parties shall cooperate with each other to restore the Generating Facility, Interconnection Facilities, and the Distribution Provider's Distribution System and/or Transmission System to their normal operating state as soon as reasonably practicable following a temporary disconnection. Article 4 Cost Responsibility for Interconnection Facilities and Distribution Upgrades 4.1 Interconnection Facilities 4.1.1 The Interconnection Customer shall pay for the cost of the Interconnection Facilities itemized in Attachment 2 of this Agreement. The Distribution Provider shall provide a best estimate cost, including overheads, for the purchase and construction of its Interconnection Facilities and provide a detailed itemization of such costs. Costs associated with Interconnection Facilities may be shared with other entities that may benefit from such facilities by agreement of the Interconnection Customer, such other entities, and the Distribution Provider. 4.1.2 The Interconnection Customer shall be responsible for its share of all reasonable expenses, including overheads, associated with (1) owning, operating, maintaining, repairing, and replacing its own Interconnection Facilities, and (2) operating, maintaining, repairing, and replacing the Distribution Provider's Interconnection Facilities. Exhibit D - 9 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 4.2 Distribution Upgrades The Distribution Provider shall design, procure, construct, install, and own the Distribution Upgrades described in Attachment 6 of this Agreement. If the Distribution Provider and the Interconnection Customer agree, the Interconnection Customer may construct Distribution Upgrades that are located on land owned by the Interconnection Customer. The actual cost of the Distribution Upgrades, including overheads, shall be directly assigned to the Interconnection Customer. Article 5 Cost Responsibility for Network Upgrades 5.1 Applicability No portion of this Article 5 shall apply unless the interconnection of the Generating Facility requires Network Upgrades. 5.2 Network Upgrades The Distribution Provider or the Distribution Owner shall design, procure, construct, install, and own the Network Upgrades described in Attachment 6 of this Agreement. If the Distribution Provider and the Interconnection Customer agree, the Interconnection Customer may construct Network Upgrades that are located on land owned by the Interconnection Customer. Unless the Distribution Provider elects to pay for Network Upgrades, the actual cost of the Network Upgrades, including overheads, shall be borne by the Interconnection Customer unless Section 5.2.1 directs otherwise. 5.2.1 Repayment of Amounts Advanced for Network Upgrades. To the extent that the CAISO Tariff, currently Section 12.3.2 of Appendix Y, provides for cash repayment to interconnection customers for contribution to the cost of Network Upgrades, the Interconnection Customer shall be entitled to a cash repayment, equal to the total amount paid to the Distribution Provider and Affected System operator, if any, for Network Upgrades, including any tax gross -up or other tax - related payments associated with the Network Upgrades, and not otherwise refunded to the Interconnection Customer, to be paid to the Interconnection Customer on a dollar -for -dollar basis for the non -usage sensitive portion of transmission charges, as payments are made under the Distribution Provider's Tariff and Affected System's Tariff for transmission services with respect to the Generating Facility. Any repayment shall include interest calculated in accordance with the methodology set forth in FERC's regulations at 18 C.F.R. §35.19a(a)(2)(iii) from the date of any payment for Network Upgrades through the date on which the Interconnection Customer receives a repayment of such payment pursuant to this subparagraph. The Interconnection Customer may assign such repayment rights to any Exhibit D - 10 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 person. To the extent that the CAISO Tariff does not provide for cash repayment to interconnection customers for contribution to the cost of Network Upgrades, Interconnection Customer is not entitled to a cash repayment for amounts paid to the Distribution Provider and Affected System operator for Network Upgrades, and no cash repayment shall be made pursuant to this Agreement. 5.2.1.1 If the Interconnection Customer is entitled to a cash repayment pursuant to Article 5.2.1, the Interconnection Customer, the Distribution Provider, and any applicable Affected System operators may adopt any alternative payment schedule that is mutually agreeable so long as the Distribution Provider and said Affected System operators take one of the following actions no later than five years from the Commercial Operation Date: (1) return to the Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that the Distribution Provider or any applicable Affected System operators will continue to provide payments to the Interconnection Customer on a dollar -for - dollar basis for the non -usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the commercial operation date. 5.2.1.2 If the Generating Facility fails to achieve commercial operation, but it or another generating facility is later constructed and requires use of the Network Upgrades, the Distribution Provider and Affected System operator shall at that time reimburse the Interconnection Customer for the amounts advanced for the Network Upgrades if the Interconnection Customer is entitled to a cash repayment pursuant to Article 5.2.1. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the generating facility, if different, is responsible for identifying the entity to which reimbursement must be made. 5.3 [Intentionally Omitted] 5.4 Rights Under Other Agreements Notwithstanding any other provision of this Agreement, nothing herein shall be construed as relinquishing or foreclosing any rights, including but not limited to firm transmission Exhibit D - 11 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 rights, capacity rights, transmission congestion rights, or transmission credits, that the Interconnection Customer shall be entitled to, now or in the future, under any other agreement or tariff as a result of, or otherwise associated with, the transmission capacity, if any, created by the Network Upgrades, including the right to obtain cash reimbursements or transmission credits for transmission service that is not associated with the Generating Facility. Article 6 Billing, Payment, Milestones, and Financial Security 6.1 Billing and Payment Procedures and Final Accounting 6.1.1 The Distribution Provider shall bill the Interconnection Customer for the design, engineering, construction, and procurement costs, including any applicable taxes, of Interconnection Facilities and Upgrades contemplated by this Agreement on a monthly basis, or as otherwise agreed by the Parties. The Interconnection Customer shall pay each bill within 30 calendar days of receipt, or as otherwise agreed to by the Parties. 6.1.2 Within three months of completing the construction and installation of the Distribution Provider's Interconnection Facilities and/or Upgrades described in the Attachments to this Agreement, the Distribution Provider shall provide the Interconnection Customer with a final accounting report of any difference between (1) the Interconnection Customer's cost responsibility for the actual cost of such facilities or Upgrades, and (2) the Interconnection Customer's previous aggregate payments to the Distribution Provider for such facilities or Upgrades. If the Interconnection Customer's cost responsibility exceeds its previous aggregate payments, the Distribution Provider shall invoice the Interconnection Customer for the amount due and the Interconnection Customer shall make payment to the Distribution Provider within 30 calendar days. If the Interconnection Customer's previous aggregate payments exceed its cost responsibility under this Agreement, the Distribution Provider shall refund to the Interconnection Customer an amount equal to the difference within 30 calendar days of the final accounting report. 6.2 Milestones The Parties shall agree on milestones for which each Party is responsible and list them in Attachment 4 of this Agreement. A Party's obligations under this provision may be extended by agreement. If a Party anticipates that it will be unable to meet a milestone for any reason other than a Uncontrollable Force Event, it shall immediately notify the other Party of the reason(s) for not meeting the milestone and (1) propose the earliest reasonable alternate date by which it can attain this and future milestones, and (2) Exhibit D - 12 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 requesting appropriate amendments to Attachment 4. The Party affected by the failure to meet a milestone shall not unreasonably withhold agreement to such an amendment unless it will suffer significant uncompensated economic or operational harm from the delay, (2) attainment of the same milestone has previously been delayed, or (3) it has reason to believe that the delay in meeting the milestone is intentional or unwarranted notwithstanding the circumstances explained by the Party proposing the amendment. 6.3 Financial Security Arrangements At least 20 Business Days prior to the commencement of the design, procurement, installation, or construction of a discrete portion of the Distribution Provider's Interconnection Facilities and Upgrades, the Interconnection Customer shall provide the Distribution Provider, at the Interconnection Customer's option, a guarantee, a surety bond, letter of credit or other form of security that is reasonably acceptable to the Distribution Provider and is consistent with the Uniform Commercial Code of the jurisdiction where the Point of Interconnection is located. Such security for payment shall be in an amount sufficient to cover the costs for constructing, designing, procuring, and installing the applicable portion of the Distribution Provider's Interconnection Facilities and Upgrades and shall be reduced on a dollar -for -dollar basis for payments made to the Distribution Provider under this Agreement during its term. In addition: 6.3.1 The guarantee must be made by an entity that meets the creditworthiness requirements of the Distribution Provider, and contain terms and conditions that guarantee payment of any amount that may be due from the Interconnection Customer, up to an agreed -to maximum amount. 6.3.2 The letter of credit or surety bond must be issued by a financial institution or insurer reasonably acceptable to the Distribution Provider and must specify a reasonable expiration date. Article 7 Assignment, Liability, Indemnity, Uncontrollable Force, Consequential Damages, and Default 7.1 Assignment This Agreement may be assigned by either Party upon fifteen (15) Business Days prior written notice and opportunity to object by the other Party; provided that: 7.1.1 Either Party may assign this Agreement without the consent of the other Party to any affiliate of the assigning Party with an equal or greater credit rating and with the legal authority and operational ability to satisfy the obligations of the assigning Party under this Agreement, provided that the Interconnection Customer promptly notifies the Distribution Provider of any such assignment; Exhibit D - 13 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 7.1.2 The Interconnection Customer shall have the right to assign this Agreement, without the consent of the Distribution Provider, for collateral security purposes to aid in providing financing for the Generating Facility, provided that the Interconnection Customer will promptly notify the Distribution Provider of any such assignment. 7.1.3 Any attempted assignment that violates this article is void and ineffective. Assignment shall not relieve a Party of its obligations, nor shall a Party's obligations be enlarged, in whole or in part, by reason thereof. An assignee is responsible for meeting the same financial, credit, and insurance obligations as the Interconnection Customer. Where required, consent to assignment will not be unreasonably withheld, conditioned or delayed. 7.2 Limitation of Liability Each Party's liability to the other Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall either Party be liable to the other Party for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement. 7.3 Indemnity 7.3.1 This provision protects each Party from liability incurred to third parties as a result of carrying out the provisions of this Agreement. Liability under this provision is exempt from the general limitations on liability found in article 7.2. 7.3.2 The Parties shall at all times indemnify, defend, and hold the other Party harmless from, any and all damages, losses, claims, including claims and actions relating to injury to or death of any person or damage to property, demand, suits, recoveries, costs and expenses, court costs, attorney fees, and all other obligations by or to third parties, arising out of or resulting from the other Party's action or failure to meet its obligations under this Agreement on behalf of the indemnifying Party, except in cases of gross negligence or intentional wrongdoing by the indemnified Party. 7.3.3 If an indemnified person is entitled to indemnification under this article as a result of a claim by a third party, and the indemnifying Party fails, after notice and reasonable opportunity to proceed under this article, to assume the defense of such claim, such indemnified person may at the Exhibit D - 14 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 expense of the indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim. 7.3.4 If an indemnifying party is obligated to indemnify and hold any indemnified person harmless under this article, the amount owing to the indemnified person shall be the amount of such indemnified person's actual loss, net of any insurance or other recovery. 7.3.5 Promptly after receipt by an indemnified person of any claim or notice of the commencement of any action or administrative or legal proceeding or investigation as to which the indemnity provided for in this article may apply, the indemnified person shall notify the indemnifying party of such fact. Any failure of or delay in such notification shall not affect a Party's indemnification obligation unless such failure or delay is materially prejudicial to the indemnifying party. 7.4 Consequential Damages Other than as expressly provided for in this Agreement, neither Party shall be liable under any provision of this Agreement for any losses, damages, costs or expenses for any special, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profit or revenue, loss of the use of equipment, cost of capital, cost of temporary equipment or services, whether based in whole or in part in contract, in tort, including negligence, strict liability, or any other theory of liability; provided, however, that damages for which a Party may be liable to the other Party under another agreement will not be considered to be special, indirect, incidental, or consequential damages hereunder. 7.5 Uncontrollable Force 7.5.1 As used in this article, an Uncontrollable Force Event shall mean "any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm, flood, earthquake, explosion, breakage or accident to machinery or equipment, any curtailment, order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond the reasonable control of the Distribution Provider or Interconnection Customer which could not be avoided through the exercise of Good Utility Practice. An Uncontrollable Force Event does not include an act of negligence or intentional wrongdoing by the Party claiming Uncontrollable Force." 7.5.2 If an Uncontrollable Force Event prevents a Party from fulfilling any obligations under this Agreement, the Party affected by the Uncontrollable Force Event (Affected Party) shall promptly notify the other Party, either in writing or via the telephone, of the existence of the Exhibit D - 15 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Uncontrollable Force Event. The notification must specify in reasonable detail the circumstances of the Uncontrollable Force Event, its expected duration, and the steps that the Affected Party is taking to mitigate the effects of the event on its performance. The Affected Party shall keep the other Party informed on a continuing basis of developments relating to the Uncontrollable Force Event until the event ends. The Affected Party will be entitled to suspend or modify its performance of obligations under this Agreement (other than the obligation to make payments) only to the extent that the effect of the Uncontrollable Force Event cannot be mitigated by the use of Reasonable Efforts. The Affected Party will use Reasonable Efforts to resume its performance as soon as possible. 7.6 Default 7.6.1 No Default shall exist where such failure to discharge an obligation (other than the payment of money) is the result of an Uncontrollable Force Event as defined in this Agreement or the result of an act or omission of the other Party. Upon a Default, the non -defaulting Party shall give written notice of such Default to the defaulting Party. Except as provided in article 7.6.2, the defaulting Party shall have 60 calendar days from receipt of the Default notice within which to cure such Default; provided however, if such Default is not capable of cure within 60 calendar days, the defaulting Party shall commence such cure within 20 calendar days after notice and continuously and diligently complete such cure within six months from receipt of the Default notice; and, if cured within such time, the Default specified in such notice shall cease to exist. 7.6.2 If a Default is not cured as provided in this article, or if a Default is not capable of being cured within the period provided for herein, the non - defaulting Party shall have the right to terminate this Agreement by written notice at any time until cure occurs, and be relieved of any further obligation hereunder and, whether or not that Party terminates this Agreement, to recover from the defaulting Party all amounts due hereunder, plus all other damages and remedies to which it is entitled at law or in equity. The provisions of this article will survive termination of this Agreement. Article 8 Insurance 8.1 General Liability and Additional Insurance The Interconnection Customer shall, at its own expense, maintain in force general liability insurance without any exclusion for liabilities related to the interconnection Exhibit D - 16 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 undertaken pursuant to this Agreement. The amount of such insurance shall be sufficient to insure against all reasonably foreseeable direct liabilities given the size and nature of the generating equipment being interconnected, the interconnection itself, and the characteristics of the system to which the interconnection is made. The Interconnection Customer shall obtain additional insurance only if necessary as a function of owning and operating a generating facility. Such insurance shall be obtained from an insurance provider authorized to do business in California. Certification that such insurance is in effect shall be provided upon request of the Distribution Provider, except that the Interconnection Customer shall show proof of insurance to the Distribution Provider no later than ten (10) Business Days prior to the anticipated Parallel Operation date. An Interconnection Customer of sufficient credit -worthiness may propose to self -insure for such liabilities, and such a proposal shall not be unreasonably rejected. 8.2 Maintenance of Insurance The Distribution Provider agrees to maintain general liability insurance or self-insurance consistent with the Distribution Provider's commercial practice. Such insurance or self- insurance shall not exclude coverage for the Distribution Provider's liabilities undertaken pursuant to this Agreement. 8.3 Notification The Parties further agree to notify each other whenever an accident or incident occurs resulting in any injuries or damages that are included within the scope of coverage of such insurance, whether or not such coverage is sought. Article 9 Confidentiality 9.1 Definition of Confidential Information The confidentiality provisions applicable to this Agreement are set forth in Section D.7, Confidentiality of Rule 21 and in the following provisions included in this Article. 9.1.1 Release of Confidential Information. Neither Party shall release or disclose Confidential Information to any other person, employees, consultants, or to parties who may be or considering providing financing to or equity participation with Interconnection Customer, or to potential purchasers or assignees of Interconnection Customer, on a need -to -know basis in connection with these procedures, unless such person has first been advised of the confidentiality provisions of this Article and has agreed to comply with such provisions. Notwithstanding the foregoing, a Party providing Confidential Information to any person shall remain primarily responsible for any release of Confidential Information in contravention of this Article. 9.1.2 Rights. Each Party retains all rights, title, and interest in the Confidential Information that each Party discloses to the other Party. Exhibit D - 17 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 The disclosure by each Party to the other Party of Confidential Information shall not be deemed a waiver by either Party or any other person or entity of the right to protect the Confidential Information from public disclosure. 9.1.3 No Warranties. By providing Confidential Information, neither Party makes any warranties or representations as to its accuracy or completeness. In addition, by supplying Confidential Information, neither Party obligates itself to provide any particular information or Confidential Information to the other Party nor to enter into any further agreements or proceed with any other relationship or joint venture. 9.1.4 Standard of Care. Each Party shall use at least the same standard of care to protect Confidential Information it receives as it uses to protect its own Confidential Information from unauthorized disclosure, publication or dissemination; however, in no case shall a Party use less than reasonable care in protecting Confidential Information. Each Party may use Confidential Information solely to fulfill its obligations to the other Party under this Agreement or its regulatory requirements. 9.1.5 Order of Disclosure. If a court or a Government Authority or entity with the right, power, and apparent authority to do so requests or requires either Party, by subpoena, oral deposition, interrogatories, requests for production of documents, administrative order, or otherwise, to disclose Confidential Information, that Party shall provide the other Party with prompt notice of such request(s) or requirement(s) so that the other Party may seek an appropriate protective order or waive compliance. Notwithstanding the absence of a protective order or waiver, the Party may disclose such Confidential Information which, in the opinion of its counsel, the Party is legally compelled to disclose. Each Party will use Reasonable Efforts to obtain reliable assurance that confidential treatment will be accorded any Confidential Information so furnished. 9.1.6 Remedies. The Parties agree that monetary damages would be inadequate to compensate a Party for the other Party's Breach of its obligations under this Article. Each Party accordingly agrees that the other Party shall be entitled to equitable relief, by way of injunction or otherwise, if the first Party Breaches or threatens to Breach its obligations under this Article, which equitable relief shall be granted without bond or proof of damages, and the receiving Party shall not plead in defense that there would be an adequate remedy at law. Such remedy shall not be deemed an exclusive remedy for the Breach of this Article, but shall be in addition to all other remedies available at law or in equity. The Parties further acknowledge and agree that the covenants contained herein are necessary for the protection of legitimate business Exhibit D - 18 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 interests and are reasonable in scope. No Party, however, shall be liable for indirect, incidental, or consequential or punitive damages of any nature or kind resulting from or arising in connection with this Article. Article 10 Disputes 10.1 Dispute Resolution Any dispute arising between the Parties regarding a Party's performance of its obligations under this Agreement or requirements related to the interconnection of the Generating Facility shall be resolved according to the procedures in Rule 21. Article 11 Taxes 11.1 Applicable Tax Laws and Regulation The Parties agree to follow all applicable tax laws and regulations, consistent with CPUC policy and Internal Revenue Service requirements. 11.2 Maintenance of Tax Status Each Party shall cooperate with the other to maintain the other Party's tax status. Nothing in this Agreement is intended to adversely affect the Distribution Provider's tax exempt status with respect to the issuance of bonds including, but not limited to, local furnishing bonds. Article 12 Miscellaneous 12.1 Governing Law, Regulatory Authority, and Rules The validity, interpretation and enforcement of this Agreement and each of its provisions shall be governed by the laws of the State of California (where the Point of Interconnection is located), without regard to its conflicts of law principles. This Agreement is subject to all Applicable Laws and Regulations. Each Party expressly reserves the right to seek changes in, appeal, or otherwise contest any laws, orders, or regulations of a Governmental Authority. 12.2 Amendment The Parties may amend this Agreement by a written instrument duly executed by both Parties. 12.3 No Third -Party Beneficiaries This Agreement is not intended to and does not create rights, remedies, or benefits of any character whatsoever in favor of any persons, corporations, associations, or entities other Exhibit D - 19 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 than the Parties, and the obligations herein assumed are solely for the use and benefit of the Parties, their successors in interest and where permitted, their assigns. 12.4 Waiver 12.4.1 The failure of a Party to this Agreement to insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered a waiver of any obligation, right, or duty of, or imposed upon, such Party. 12.4.2 Any waiver at any time by either Party of its rights with respect to this Agreement shall not be deemed a continuing waiver or a waiver with respect to any other failure to comply with any other obligation, right, duty of this Agreement. Termination or default of this Agreement for any reason by Interconnection Customer shall not constitute a waiver of the Interconnection Customer's legal rights to obtain an interconnection from the Distribution Provider. Any waiver of this Agreement shall, if requested, be provided in writing. 12.5 Entire Agreement This Agreement, including all Attachments, and any incorporated tariffs or Rules, constitutes the entire agreement between the Parties with reference to the subject matter hereof, and supersedes all prior and contemporaneous understandings or agreements, oral or written, between the Parties with respect to the subject matter of this Agreement. There are no other agreements, representations, warranties, or covenants which constitute any part of the consideration for, or any condition to, either Party's compliance with its obligations under this Agreement. 12.6 Multiple Counterparts This Agreement may be executed in two or more counterparts, each of which is deemed an original but all constitute one and the same instrument. 12.7 No Partnership This Agreement shall not be interpreted or construed to create an association, joint venture, agency relationship, or partnership between the Parties or to impose any partnership obligation or partnership liability upon either Party. Neither Party shall have any right, power or authority to enter into any agreement or undertaking for, or act on behalf of, or to act as or be an agent or representative of, or to otherwise bind, the other Party. Exhibit D - 20 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 12.8 Severability If any provision or portion of this Agreement shall for any reason be held or adjudged to be invalid or illegal or unenforceable by any court of competent jurisdiction or other Governmental Authority, (1) such portion or provision shall be deemed separate and independent, (2) the Parties shall negotiate in good faith to restore insofar as practicable the benefits to each Party that were affected by such ruling, and (3) the remainder of this Agreement shall remain in full force and effect. 12.8.1 Security Arrangements. Infrastructure security of electric system equipment and operations and control hardware and software is essential to ensure day-to-day reliability and operational security. All public utilities are expected to meet basic standards for system infrastructure and operational security, including physical, operational, and cyber - security practices. 12.8.2 Environmental Releases. Each Party shall notify the other Party, first orally and then in writing, of the release of any hazardous substances, any asbestos or lead abatement activities, or any type of remediation activities related to the Generating Facility or the Interconnection Facilities, each of which may reasonably be expected to affect the other Party. The notifying Party shall (1) provide the notice as soon as practicable, provided such Party makes a good faith effort to provide the notice no later than 24 hours after such Party becomes aware of the occurrence, and (2) promptly furnish to the other Party copies of any publicly available reports filed with any governmental authorities addressing such events. 12.8.3 Subcontractors. Nothing in this Agreement shall prevent a Party from utilizing the services of any subcontractor as it deems appropriate to perform its obligations under this Agreement; provided, however, that each Party shall require its subcontractors to comply with all applicable terms and conditions of this Agreement in providing such services and each Party shall remain primarily liable to the other Party for the performance of such subcontractor. 12.8.3.1 The creation of any subcontract relationship shall not relieve the hiring Party of any of its obligations under this Agreement. The hiring Party shall be fully responsible to the other Party for the acts or omissions of any subcontractor the hiring Party hires as if no subcontract had been made; provided, however, that in no event shall the Distribution Provider be liable for the actions or inactions of the Interconnection Customer or its subcontractors with respect to obligations of the Interconnection Customer under this Agreement. Any Exhibit D - 21 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 applicable obligation imposed by this Agreement upon the hiring Party shall be equally binding upon, and shall be construed as having application to, any subcontractor of such Party. 12.8.4 The obligations under this article will not be limited in any way by any limitation of subcontractor's insurance. 12.9 CPUC Modification Unless otherwise ordered by the CPUC, this Agreement at all times shall be subject to such modifications as the CPUC may direct from time to time in the exercise of its jurisdiction. 12.10 Review of Records and Data 12.10.1 The Distribution Provider shall have the right to review and obtain copies of Interconnection Customer's operations and maintenance records, logs, or other information such as, unit availability, maintenance outages, circuit breaker operation requiring manual reset, relay targets and unusual events pertaining to Interconnection Customer's Generating Facility or its interconnection with Distribution Provider's Distribution System. 12.10.2 The Interconnection Customer authorizes the Distribution Provider to release to the California Energy Commission ("CEC"), the CAISO, and/or the CPUC information regarding the Generating Facility, including the Interconnection Customer's name and location, and the size, location and operational characteristics of the Generating Facility, as requested from time to time pursuant to the CEC's, CAISO's, or CPUC's rules and regulations. Article 13 Notices 13.1 General Unless otherwise provided in this Agreement, any written notice, demand, or request required or authorized in connection with this Agreement ("Notice") shall be deemed properly given if delivered in person, delivered by recognized national currier service, or sent by first class mail, postage prepaid, to the person specified below: Exhibit D - 22 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 If to the Interconnection Customer: Interconnection Customer: Attention: Address: City: State: Zip: Phone: Fax: If to the Distribution Provider: Distribution Provider: Attention: Address: City: State: Zip: Phone: Fax: 13.2 Billing and Payment Southwest Riverside County Energy Authority c/o City of Lake Elsinore Attn: City Manager 130 S. Main Street Lake Elsinore, CA 92530 (951) 674-3124 (951) 674-2392 Southern California Edison Company Grid Contract Management 2244 Walnut Grove Avenue Rosemead, California 91770 (626) 302-9640 (626) 302-1152 Billings and payments shall be sent to the addresses set out below: Interconnection Customer: Attention: Address: City: State: Zip: Phone: Fax: Distribution Provider: Attention: Address: City: State: Zip: 13.3 Alternative Forms of Notice Southwest Riverside County Energy Authority c/o City of Lake Elsinore Attn: City Manager 130 S. Main Street Lake Elsinore, CA 92530 (951) 674-3124 (951) 674-2392 Southern California Edison Company Accounts Receivable (GCM) P. 0. Box 800 2244 Walnut Grove Avenue Rosemead, CA 91771-0001 Any notice or request required or permitted to be given by either Party to the other and not required by this Agreement to be given in writing may be so given by telephone, facsimile or e-mail to the telephone numbers and e-mail addresses set out below: Exhibit D - 23 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 If to the Interconnection Customer: Interconnection Customer: Attention: Address: City: State: Zip: Phone: Fax: If to the Distribution Provider: Distribution Provider: Attention: Address: City: State: Zip: Phone: Fax: Southwest Riverside County Energy Authority c/o City of Lake Elsinore Attn: City Manager 130 S. Main Street Lake Elsinore, CA 92530 (951) 674-3124 (951) 674-2392 Southern California Edison Company Grid Contract Management 2244 Walnut Grove Avenue Rosemead, California 91770 (626) 302-9640 (626) 302-1152 13.4 Designated Operating Representative The Parties may also designate operating representatives to conduct the communications which may be necessary or convenient for the administration of this Agreement. This person will also serve as the point of contact with respect to operations and maintenance of the Party's facilities. Interconnection Customer's Operating Representative: Interconnection Customer: Attention: Address: City: State: Zip: Phone: Fax: Southwest Riverside County Energy Authority c/o City of Lake Elsinore Attn: City Manager 130 S. Main Street Lake Elsinore, CA 92530 (951) 674-3124 (951) 674-2392 Exhibit D - 24 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Distribution Provider's Operating Representative: Distribution Provider: Attention: Address: City: State: Zip: Phone: Fax: Southern California Edison Company Grid Contract Management 2244 Walnut Grove Avenue Rosemead, California 91770 (626) 302-9640 (626) 302-1152 13.5 Changes to the Notice Information Either Party may change this information by giving five Business Days written notice prior to the effective date of the change. Article 14 Signatures IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective duly authorized representatives. For the Distribution Provider Name: Jill Horswell Title: Director, Contracts & Reliability Standards Operations Date: For the Interconnection Customer Southwest Riverside County Energy Authority Name: Title: Date: [Name] Exhibit D - 25 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Attachment 1 Glossary of Terms Affected System - An electric system other than the Distribution Provider's Distribution System that may be affected by the proposed interconnection, including but not limited to the Transmission System. Applicable Laws and Regulations - All duly promulgated applicable federal, state and local laws, regulations, rules, ordinances, codes, decrees, judgments, directives, or judicial or administrative orders, permits and other duly authorized actions of any Governmental Authority. Business Day - Monday through Friday, excluding Federal and State Holidays. Default - The failure of a breaching Party to cure its breach under the Agreement. Distribution Owner - The entity that owns, leases or otherwise possesses an interest in the portion of the Distribution System at the Point of Interconnection and may be a Party to the Agreement to the extent necessary. Distribution Provider - The public utility (or its designated agent) that owns, controls, or operates transmission or distribution facilities used for the transmission of electricity and provides distribution service to the Interconnection Customer. The term Distribution Provider should be read to include the Distribution Owner when the Distribution Owner is separate from the Distribution Provider. Distribution System - Those non-CAISO transmission and distribution facilities, owned, controlled and operated by the Distribution Provider that are used to provide distribution service, which facilities and equipment are used to transmit electricity to ultimate usage points such as homes and industries directly from nearby generators or from interchanges with higher voltage transmission networks which transport bulk power over longer distances. The voltage levels at which Distribution Systems operate differ among areas. Distribution Upgrades - The additions, modifications, and upgrades to the Distribution Provider's Distribution System at or beyond the Point of Interconnection to facilitate interconnection of the Generating Facility. Distribution Upgrades do not include Interconnection Facilities. Fast Track Process - The interconnection study process set forth in Section F.2 of Rule 21. Generating Facility -The Interconnection Customer's device for the production or storage of electricity identified in Attachment 2 of the Agreement, but shall not include the Interconnection Customer's Interconnection Facilities. Exhibit D - 26 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Good Utility Practice - Any of the practices, methods and acts engaged in or approved by a significant portion of the electric industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired result at a reasonable cost consistent with good business practices, reliability, safety and expedition. Good Utility Practice is not intended to be limited to the optimum practice, method, or act to the exclusion of all others, but rather to be acceptable practices, methods, or acts generally accepted in the region. Governmental Authority - Any federal, state, local or other governmental regulatory or administrative agency, court, commission, department, board, or other governmental subdivision, legislature, rulemaking board, tribunal, or other governmental authority having jurisdiction over the Parties, their respective facilities, or the respective services they provide, and exercising or entitled to exercise any administrative, executive, police, or taxing authority or power; provided, however, that such term does not include the Interconnection Customer, the Distribution Provider, or any Affiliate thereof. Interconnection Customer - Any entity, including the Distribution Provider, Distribution Owner or any of the affiliates or subsidiaries of either, that proposes to interconnect its Generating Facility with the Distribution Provider's Distribution System. The definition of "Interconnection Customer" in this Agreement is intended to be identical to and used interchangeably with the definition of "Producer" in Rule 21. Interconnection Facilities - The Distribution Provider's Interconnection Facilities and the Interconnection Customer's Interconnection Facilities. Collectively, Interconnection Facilities include all facilities and equipment between the Generating Facility and the Point of Interconnection, including any modification, additions or upgrades that are necessary to physically and electrically interconnect the Generating Facility to the Distribution Provider's Distribution System. Interconnection Facilities are sole use facilities and shall not include Distribution Upgrades or Network Upgrades. Interconnection Handbook - A handbook, developed by the Distribution Provider and posted on the Distribution Provider's website or otherwise made available by the Distribution Provider, describing the technical and operational requirements for wholesale generators and loads connected to the Distribution System, as such handbook may be modified or superseded from time to time. In the event of a conflict between the terms of this Agreement and the terms of the Distribution Provider's Interconnection Handbook, the terms in this Agreement shall govern. Network Upgrades - Additions, modifications, and upgrades to the Distribution Provider's Transmission System required at or beyond the point at which the Distribution System connects to the Distribution Provider's Transmission System to accommodate the interconnection of the Generating Facility to the Distribution Provider's Distribution System. Network Upgrades do not include Distribution Upgrades. Exhibit D - 27 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Operating Requirements - Any operating and technical requirements that may be applicable due to Regional Transmission Organization, the CAISO, balancing authority area, or the Distribution Provider's requirements, including those set forth in the Agreement. Party or Parties - The Distribution Provider, Distribution Owner, Interconnection Customer, Producer or any combination of the above. Point of Interconnection - The point where the Interconnection Facilities connect with the Distribution Provider's Distribution System. Reasonable Efforts - With respect to an action required to be attempted or taken by a Party under the Agreement, efforts that are timely and consistent with Good Utility Practice and are otherwise substantially equivalent to those a Party would use to protect its own interests. Transmission System - Those facilities owned by the Distribution Provider that have been placed under the CAISO's operational control and are part of the CAISO Grid. Upgrades - The required additions and modifications to the Distribution Provider's Distribution System and Transmission System at or beyond the Point of Interconnection. Upgrades may be Network Upgrades or Distribution Upgrades. Upgrades do not include Interconnection Facilities. Exhibit D - 28 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Attachment 2 Description and Costs of the Generating Facility, Interconnection Facilities, and Metering Equipment Equipment, including the Generating Facility, Interconnection Facilities, and metering equipment shall be itemized and identified as being owned by the Interconnection Customer, the Distribution Provider, or the Distribution Owner. The Distribution Provider will provide a best estimate itemized cost, including overheads, of its Interconnection Facilities and metering equipment, and a best estimate itemized cost of the annual operation and maintenance expenses associated with its Interconnection Facilities and metering equipment. Generating Facility: See Attachment 5 for a description of the generating facility. The Distribution Provider's Interconnection Facilities, Network Upgrades and Distribution Upgrades described in Attachments 2 and 6 of this GIA are preliminary based on a conceptual method of service and their associated estimated costs calculated using a standardized estimating approach. Such descriptions are subject to modification following completion of the Distribution Provider's detailed engineering and design, completion of the actual facilities constructed and installed, identification of field conditions, and compliance with applicable environmental and permitting requirements. 1. Interconnection Facilities. (a) Interconnection Customer's Interconnection Facilities. The Interconnection Customer shall: (i) Install three (3) 1000 kVA 12kV- 480V main step-up transformer with a 5.75% percent impedance on a 1000 kVA base. [NOTE: These figures are used for example purposes; actual figures should be inserted prior to execution.] (ii) Install one (1) 12kV switchboard which complies with Distribution Provider's electrical service requirements as described in the Interconnection Handbook. (iii) Procure and construct underground duct banks and related structures required for Distribution Provider's Interconnection Facilities ("Civil Construction") in accordance with specifications and designs provided by the Distribution Provider. The Distribution Provider may subsequently determine that the Civil Construction, or a portion thereof, may need to be owned by the Distribution Provider pursuant to Section 3(k) of Attachment 5 of this GIA. (iv) Acquire, and provide to the Distribution Provider within thirty (30) calendar days following the Effective Date, an agreement from the property owner at Via Tornado near intersection of Via Novillo, Temecula, CA, for the Distribution Provider to have the following: 1. the right to enter property owner's premises for any purpose connected with the Distribution Provider's Interconnection Facilities or interconnection service, Exhibit D - 29 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 2. the right for the use of a Distribution Provider approved locking device if Interconnection Customer wants to prevent unauthorized access to Distribution Provider's Interconnection Facilities, 3. the right for safe and ready access for Distribution Provider's personnel free from unrestrained animals, 4. the right for unobstructed ready access for Distribution Provider's vehicles and equipment to install, remove, repair, and maintain its Interconnection Facilities, 5. the right to remove Distribution Provider's Interconnection Facilities after termination of interconnection service. (v) Telemetry. In accordance with specifications provided by the Distribution Provider, provide the following in compliance with the telemetry requirements of the Interconnection Handbook: 1. Allow the Distribution Provider to review and approve the Interconnection Customer's telemetry equipment design and perform inspections to ensure compatibility with the Distribution Provider's telemetry equipment; allow the Distribution Provider to perform acceptance testing of the telemetry equipment and the right to require the correction of installation deficiencies. 2. Provide broadband internet service to support communication of the telemetering data to the Distribution Provider's grid control center. 3. Provide and install a Distribution Provider approved serial device server ("SDS") in an approved enclosure located in an area with a suitable environment. 4. Provide a convenience power source to the SDS enclosure for SDS power. 5. Provide and install data communication cabling for the required telemetering data from the Interconnection Customer's data acquisition system to the SDS enclosure. 6. Allow the Distribution Provider to terminate the data communication cables inside the Interconnection Customer's SDS enclosure and program the SDS. (vi) Install all required metering equipment at the Generating Facility, in accordance with Rule 21, the CAISO Tariff, and the Interconnection Handbook. (vii) Allow the Distribution Provider to install, in the switchboard provided by the Interconnection Customer, revenue meters, potential transformers ("PTs"), current transformers ("CTs"), and appurtenant equipment required to meter the retail load at the Generating Facility in accordance with Distribution Provider's electrical service requirements as described in the Interconnection Handbook. (viii) Install all equipment necessary to comply with the power factor requirements of Article 1.8.1 of the GIA, including the ability to automatically regulate power factor to a schedule (VAR schedule) in accordance with the Interconnection Handbook. (ix) Install all equipment and controls necessary to maintain the Generating Facility's output ramp rate within the parameters set forth by the Distribution Provider, in accordance with Attachment 5 of this GIA. Exhibit D - 30 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 (x) Install disconnect facilities in accordance with the Distribution Provider's Interconnection Handbook to comply with the Distribution Provider's switching and tagging procedures. (b) Distribution Provider's Interconnection Facilities. The Distribution Provider shall: (i) Install approximately 250 feet of 12 kV primary cable, approximately 100 feet of secondary cable and splices. [NOTE: These figures are provided as examples; actual figures should be inserted prior to execution.] (ii) Install one (1) 2500 kVA 33kV/12kV transformer. (iii) Install an automated 4 -way gas switch. (iv) Install one (1) vacuum fault interrupter with controller. (v) Telemetry. 1. Terminate the Interconnection Customer provided communication cables inside the Interconnection Customer's SDS enclosure. 2. Program and test the SDS. 3. Perform setup and programming on the Distribution Provider's telemetry equipment as required to support communication of the telemetered data to the Distribution Provider's grid control center. 4. Perform a functional test of the telemetry equipment to verify compliance with the requirements of the Interconnection Handbook. (vi) Metering. Install revenue meters, PTs, CTs and appurtenant equipment required to meter the retail load at the Generating Facility. Notwithstanding that the meters, PTs, CTs and appurtenant equipment will be located on the Interconnection Customer's side of the Point of Change of Ownership, the Distribution Provider shall own, operate and maintain such facilities as part of the Distribution Provider's Interconnection Facilities. (vii) Real Properties, Permits, and Environmental Health and Safety. Obtain easements and/or acquire land, obtain licensing and permits, and perform all required environmental activities for the installation of the Distribution Provider's Interconnection Facilities, including any associated telecommunications equipment. 2. Network Upgrades. See Attachment 6, Section 1. 3. Distribution Upgrades. See Attachment 6, Section 2. 4. Not Used. 5. Point of Change of Ownership. The Point of Change of Ownership shall be at the pull section of the new 12kV switchboard panel provided, installed, and owned by the Interconnection Customer. Exhibit D - 31 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 6. Point of Interconnection. A tap on the Distribution Provider's Luiseno 33kV distribution line out of Pechanga 115/33 kV Substation. 7. One -Line Diagram of Interconnection. See Attachment 3. 8. Additional Definitions. For the purposes of these Attachments, the following terms, when used with initial capitalization, whether in the singular or the plural, shall have the meanings specified below: (a) Accounting Practice: Generally accepted accounting principles and practices applicable to electric utility operations. (b) Applicable Reliability Council: The reliability council applicable to the Distribution System to which the Generating Facility is directly interconnected. (c) Applicable Reliability Standards: The requirements and guidelines of the North American Electric Reliability Corporation (NERC), the Applicable Reliability Council, and the Balancing Authority Area of the Distribution System to which the Generating Facility is directly interconnected, including the requirements adopted pursuant to Section 215 of the Federal Power Act. (d) Balancing Authority: The responsible entity that integrates resource plans ahead of time, maintains load -interchange -generation balance within a Balancing Authority Area, and supports interconnection frequency in real time. (e) Balancing Authority Area: The collection of generation, transmission, and loads within the metered boundaries of the Balancing Authority. The Balancing Authority maintains load -resource balance within this area. (f) CAISO Controlled Grid: The system of transmission lines and associated facilities that have been placed under the CAISO's Operational Control. (g) CAISO Tariff: The California Independent System Operator FERC Electric Tariff. (h) Capital Additions: Any modifications to the Distribution Provider's Interconnection Facilities or to the Distribution Upgrades. Such modifications may be any Units of Property which are added to the Distribution Provider's Interconnection Facilities or Distribution Upgrades; the enlargement, modification or betterment of any Units of Property constituting a part of the Distribution Provider's Interconnection Facilities or Distribution Upgrades; or the replacement of any Units of Property constituting a part of the Distribution Provider's Interconnection Facilities or Distribution Upgrades, irrespective of whether such replacement constitutes an enlargement, modification or betterment of that which it replaces; and the costs of which additions, enlargements, modifications, betterments or replacements in accordance with Accounting Practice Exhibit D - 32 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 (i) would be capitalized and have not previously been included in the Interconnection Facilities Cost or the Distribution Upgrades Cost. Capital Additions Cost: All costs, excluding One -Time Cost, determined by Distribution Provider to be associated with the design, engineering, procurement, construction and installation of Capital Additions. (j) Commercial Operation: The status of a Generating Facility that has commenced generating electricity, excluding electricity generated during the period which the Producer is engaged in on-site test operations and commissioning of the Generating Facility prior to Commercial Operation. (k) Commercial Operation Date: The date on which a Generator at a Generating Facility commences Commercial Operation as agreed to by the Parties. (1) Credit Support: A parent guarantee, letter of credit, surety bond, or other security meeting the requirements of Article 6.3 of the GIA and Rule 21 Section F.4. (m) Customer -Financed Monthly Rate: The rate most recently adopted by the CPUC for application to the Distribution Provider's retail electric customers for added facilities, which does not compensate the Distribution Provider for replacement of added facilities. The currently effective Customer -Financed Monthly Rate is as provided in Section 16 of this Attachment 2. (n) Delivery Network Upgrades: The transmission facilities at or beyond the point where the Distribution Provider's Distribution System interconnects to the CAISO Controlled Grid, other than Reliability Network Upgrades, as defined in the CAISO Tariff. (o) Delivery Network Upgrades Cost: The Interconnection Customer's allocated share of all costs, excluding One -Time Cost, determined by the Distribution Provider to be associated with the design, engineering, procurement, construction and installation of the Delivery Network Upgrades. The Delivery Network Upgrades Cost is provided in Section 15 of this Attachment 2. (p) Delivery Network Upgrades Payment: The sum of the Delivery Network Upgrades Cost and associated One -Time Cost. The Delivery Network Upgrades Payment is provided in Section 17 of this Attachment 2. (q) Distribution Provider's Interconnection Facilities: Those facilities as described in Section 1(b) of this Attachment 2, as such facilities may be modified during the term of this Agreement. (r) Distribution Upgrades Cost: The Interconnection Customer's allocated share of all costs, excluding One -Time Cost, determined by the Distribution Provider to be associated with the design, engineering, procurement, construction and installation of Exhibit D - 33 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 the Distribution Upgrades. The Distribution Upgrades Cost is provided in Section 15 of this Attachment 2. (s) Distribution Upgrades Payment: The sum of the Distribution Upgrades Cost and associated One -Time Cost. The Distribution Upgrades Payment is provided in Section 17 of this Attachment 2. (t) Effective Date: The date on which this Agreement becomes effective pursuant to Article 3.1. (u) Generator: A device converting mechanical, chemical, or solar energy into electrical energy, including all of its protective and control functions and structural appurtenances. One or more Generators comprise a Generating Facility. (v) In -Service Date: The estimated date upon which the Interconnection Customer reasonably expects it will be ready to begin use of the Distribution Provider's Interconnection Facilities. (w) Initial Synchronization Date: The date upon which the Generating Facility is initially synchronized and upon which Trial Operation begins (x) Interconnection Customer's Interconnection Facilities: All facilities and equipment, as identified in Section 1(a) of this Attachment 2 of this GIA, that are located between the Generating Facility and the Point of Change of Ownership, including any modification, addition, or upgrades to such facilities and equipment necessary to physically and electrically interconnect the Generating Facility to the Distribution System. Interconnection Customer's Interconnection Facilities are sole use facilities. (y) (z) Interconnection Facilities Charge: The monthly charge to the Interconnection Customer to recover the revenue requirements for the Distribution Provider's Interconnection Facilities, calculated as the product of the Customer -Financed Monthly Rate and the Interconnection Facilities Cost. The Interconnection Facilities Charge is provided in Section 16 of this Attachment 2. Interconnection Facilities Completion Date: The date upon which the construction of the Distribution Provider's Interconnection Facilities is complete and such facilities are successfully tested and ready for service. (aa) Interconnection Facilities Cost: All costs, excluding One -Time Cost, determined by the Distribution Provider to be associated with the design, engineering, procurement, construction and installation of the Distribution Provider's Interconnection Facilities. The Interconnection Facilities Cost is provided in Section 15 of this Attachment 2. Exhibit D - 34 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 (bb) Interconnection Facilities Payment: The sum of the Interconnection Facilities Cost and associated One -Time Cost. The Interconnection Facilities Payment is provided in Section 17 of this Attachment 2. (cc) ITCC (Income Tax Component of Contribution): The ITCC is equal to the estimated tax liability and is the Income Tax Component of Contribution specified in the Preliminary Statement, Part M of the Distribution Provider's tariff on file with the CPUC, applicable to the Distribution Upgrades Cost and Interconnection Facilities Cost. The ITCC applicable to the Distribution Upgrades Cost and Interconnection Facilities Cost is described in Section 11 of this Attachment 2 and is shown in Section 15 of this Attachment 2. (dd) NERC: The North American Electric Reliability Corporation or its successor organization. (ee) One -Time Cost: All costs determined by the Distribution Provider to be associated with the installation of the Delivery Network Upgrades, Distribution Upgrades, Distribution Provider's Interconnection Facilities, Reliability Network Upgrades, or Capital Additions which are not capitalized. (ff) Point of Change of Ownership: The point, as set forth in Attachment 3 to this GIA, where the Interconnection Customer's Interconnection Facilities connect to the Distribution Provider's Interconnection Facilities. (gg) Reliability Network Upgrades: The transmission facilities at or beyond the point where Distribution Provider's Distribution System interconnects to the CAISO Controlled Grid, necessary to interconnect one or more Generating Facility(ies) safely and reliably to the CAISO Controlled Grid, as defined in the CAISO Tariff. (hh) Reliability Network Upgrades Cost: The Interconnection Customer's allocated share of all costs, excluding One -Time Cost, determined by the Distribution Provider to be associated with the design, engineering, procurement, construction and installation of the Reliability Network Upgrades. The Reliability Network Upgrades Cost is provided in Section 15 of this Attachment 2. (ii) Reliability Network Upgrades Payment: The sum of the Reliability Network Upgrades Cost and associated One -Time Cost. The Reliability Network Upgrades Payment is provided in Section 17 of this Attachment 2. (jj) Removal Cost: The actual cost the Distribution Provider incurs for the removal of the Distribution Provider's Interconnection Facilities which is calculated as the amount, if positive, of the costs of removal minus the salvage value of the Distribution Provider's Interconnection Facilities. Exhibit D - 35 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 (kk) Tax Security: The Interconnection Customer's provision of security with respect to the Interconnection Customer's tax indemnification obligations, provided in accordance with Section 11 of this Attachment 2. (11) Trial Operation: The period during which the Interconnection Customer is engaged in on-site test operations and commissioning of the Generating Facility prior to Commercial Operation. (mm)Units of Property: As described in FERC's "List of Units of Property for Use in Connection with Uniform System of Accounts Prescribed for Public Utilities and Licensees" in effect as of the date of this GIA, as such "List" may be amended from time to time. 9. Transmission Credits. None. 10. Security Amount for the Distribution Upgrades, the Distribution Provider's Interconnection Facilities and Network Upgrades. (a) Distribution Upgrades: Pursuant to Article 6.3 and Attachment 4 of the GIA and Section F.4 of Rule 21, the Interconnection Customer shall provide Credit Support in the total amount of $0 to cover the costs for constructing, procuring and installing the Distribution Upgrades. (b) The Distribution Provider's Interconnection Facilities: Pursuant to Article 6.3 and Attachment 4 of the GIA and Section F.4 of Rule 21, the Interconnection Customer shall provide Credit Support in the total amount of $356,900 to cover the costs for constructing, procuring and installing the Distribution Provider's Interconnection Facilities. (c) Network Upgrades: Pursuant to Article 6.3 and Attachment 4 of the GIA and Section F.4 of Rule 21, the Interconnection Customer shall provide Credit Support in the total amount of $0 to cover the costs for constructing, procuring and installing the Network Upgrades. (d) To the extent that any Credit Support is not utilized by the Distribution Provider, the release of such Credit Support shall be made in accordance with the Interconnection Customer's instruction. 11. Security Amount for Estimated Tax Liability. The Interconnection Customer's estimated tax liability is as follows: [NOTE: These figures are provided as an example; actual figures should be inserted prior to execution.] Current Tax Rate x (Gross Income Amount — Present Value of Tax Depreciation)/(1 — Current Tax Rate) = 22% Estimated tax liability for Distribution Provider's Interconnection Facilities = 22% x (Interconnection Facilities Cost) = 22% x [($350,800) = $77,176.00] Exhibit D - 36 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Estimated tax liability for Distribution Upgrades = 22% x (Distribution Upgrades Cost) = 22% x ($0) = $0 Estimated tax liability assumes the following costs: Interconnection Facilities Cost = [$350,800] Distribution Upgrades Cost = [$0] Based upon the total estimated tax liability, the Interconnection Customer shall provide the Distribution Provider cash or a letter of credit in the amount of [$77,176.00], pursuant to Attachment 4 of the GIA. The letter of credit or cash shall meet the requirements of Article 6.3 of the GIA and Rule 21 Section F.4. The Interconnection Customer's obligation to provide Tax Security shall terminate at the earlier of (1) the expiration of the ten year testing period and the applicable statute of limitation, as it may be extended by the Distribution Provider upon request of the IRS, to keep these years open for audit or adjustment, or (2) the occurrence of a subsequent taxable event and the payment of any related indemnification obligations. Upon termination of the Interconnection Customer's obligation to provide Tax Security, and Distribution Provider's receipt of the Interconnection Customer's written instructions regarding the release of any unused Tax Security, any unused amount of the Tax Security shall be released to the Interconnection Customer. 12. Removal of the Distribution Provider's Interconnection Facilities. Following termination of the GIA, the Distribution Provider will remove the Distribution Provider's Interconnection Facilities from service to the Interconnection Customer, pursuant to Article 3.3 of the GIA. On or before the date one year following termination of the GIA, the Distribution Provider shall notify the Interconnection Customer as to whether the Distribution Provider intends to physically remove the Distribution Provider's Interconnection Facilities. If the Distribution Provider intends to physically remove the Distribution Provider's Interconnection Facilities then the Distribution Provider shall physically remove such facilities within two years from the date of notification of intent, and the Interconnection Customer shall pay the Removal Cost. If the Distribution Provider does not intend to physically remove the Distribution Provider's Interconnection Facilities then the Interconnection Customer shall have no obligation to pay such Removal Cost. 13. Charges. (a) The Interconnection Customer shall pay to the Distribution Provider the following charges in accordance with the GIA: (i) Interconnection Facilities Payment; (ii) Distribution Upgrades Payment; (iii) Reliability Network Upgrades Payment; (iv) Delivery Network Upgrades Payment; (v) payments for any Capital Additions; (vi) Interconnection Facilities Charge; (vii) Removal Cost pursuant to Section 12 of this Exhibit D - 37 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Attachment 2; (viii) termination charges pursuant to Article 3.3.5 of the GIA; and (ix) disconnection costs pursuant to Article 3.3.4 of the GIA. (b) The Interconnection Facilities Cost, Distribution Upgrades Cost, Reliability Network Upgrades Cost, Delivery Network Upgrades Cost, Capital Additions Cost, One -Time Cost and Removal Cost shall be compiled in accordance with Accounting Practice. (c) If, during the term of the GIA, the Distribution Provider executes an agreement to provide service to another entity (other than retail load) that contributes to the need for the Distribution Provider's Interconnection Facilities, the charges due hereunder may be adjusted to appropriately reflect such service based on the Distribution Provider's cost allocation principles in effect at such time. (d) If Capital Additions are required in order to benefit the Distribution Provider, or because of damage caused by negligence or willful misconduct of the Distribution Provider, then the Interconnection Customer will not bear cost responsibility for such Capital Additions; and no adjustment will be made to the Interconnection Facilities Cost or the Distribution Upgrades Cost; and no Capital Additions Cost or One -Time Cost will be charged to the Interconnection Customer for such Capital Additions. 14. Supplemental Billing and Payment Provisions. (a) Pursuant to Article 6 of the GIA, the Distribution Provider shall submit to the Interconnection Customer invoices due for the preceding month for the Interconnection Facilities Payment, Distribution Upgrades Payment, Reliability Network Upgrades Payment and Delivery Network Upgrades Payment. (b) Pursuant to Articles 4.1.2 and 6.1 of the GIA, commencing on or following the Interconnection Facilities Completion Date, each month the Distribution Provider will render bills to the Interconnection Customer for the Interconnection Facilities Charge. The Interconnection Facilities Charge shall initially be based on the estimated Interconnection Facilities Cost, as specified in Section 15 of this Attachment 2, and payments made for such Interconnection Facilities Charge shall be subject to later adjustment pursuant to Sections 14(b)(i) and 14(b)(ii) of this Attachment 2. The Interconnection Facilities Charge for the first and last month of service hereunder shall be pro -rated based on the number of days in which service was provided during said months. (i) If the amounts paid for the Interconnection Facilities Charge are less than the amounts due for the Interconnection Facilities Charge, as determined from the actual recorded Interconnection Facilities Cost, the Distribution Provider will bill the Interconnection Customer the difference between the amounts previously paid by the Interconnection Customer and the amounts which would have been paid based on actual recorded costs, without interest, on the next regular billing. Exhibit D - 38 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 (ii) If the amounts paid for the Interconnection Facilities Charge are greater than the amounts due for the Interconnection Facilities Charge, as determined from the actual recorded Interconnection Facilities Cost, the Distribution Provider will credit the Interconnection Customer the difference between the amounts previously paid by the Interconnection Customer and the amounts which would have been paid based on actual recorded costs, without interest, on the next regular billing. (c) In the event that any portion of the Distribution Provider's Interconnection Facilities is not complete but, at the request of the Interconnection Customer, the Distribution Provider commences interconnection service under this GIA notwithstanding the incomplete facilities, the Distribution Provider shall commence billing, and the Interconnection Customer shall pay, the Interconnection Facilities Charge commencing on the date that such service commences. (d) In accordance with Articles 4.1.2 and 6.1 of the GIA, the Distribution Provider shall submit invoices to the Interconnection Customer for the preceding month for Capital Additions payments due, if any. (i) For Capital Additions that are the cost responsibility of the Interconnection Customer, the Distribution Provider will provide at least sixty (60) calendar days advance written notification to the Interconnection Customer prior to commencing work, except that the Distribution Provider may commence the work on the Capital Additions with either shorter advance written notification or written notification after the work has commenced, at the Distribution Provider's sole discretion, if the Distribution Provider determines that the Capital Additions are required to comply with safety or regulatory requirements or to preserve system integrity or reliability. Any such written notification will include the estimated cost of the Capital Additions, and the amount of and due date for the security, if any, required to be paid by the Interconnection Customer, which is sufficient to cover the costs for constructing, procuring and installing the Capital Additions consistent with the applicable terms of Article 6.3 of the GIA. (ii) Except as provided in Section 13(d) of this Attachment 2, if certain of the Distribution Provider's Interconnection Facilities are removed to accommodate Capital Additions and such removal results in a change in the Interconnection Facilities Cost the Interconnection Facilities Charge shall be adjusted to reflect the change in the Interconnection Facilities Cost as of the in-service date of such Capital Additions. (iii) Except as provided in Section 13(d) of this Attachment 2, if Capital Additions result in an increase in the Interconnection Facilities Cost or Distribution Upgrades Cost, then the Interconnection Facilities Charge or Distribution Upgrades Charge, as applicable, shall be adjusted as of the in-service date of such Capital Additions to reflect the change in such costs. Exhibit D - 39 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 (e) As soon as reasonably practicable, but within three (3) months after the in-service date of any Capital Additions, the Distribution Provider shall provide an invoice of the final cost of the construction of the Capital Additions to the Interconnection Customer, and shall set forth such costs in sufficient detail to enable the Interconnection Customer to compare the actual costs with the estimates and to ascertain deviations, if any, from the cost estimates. The Distribution Provider will refund to the Interconnection Customer any amount by which the payment made by the Interconnection Customer for estimated costs of the Capital Additions exceeds the actual costs of construction within thirty (30) calendar days of the issuance of such final construction invoice; or, in the event the actual costs of construction exceed the Interconnection Customer's payment made for the estimated costs of the Capital Additions, then the Interconnection Customer shall pay to the Distribution Provider any amount by which the actual costs of construction exceed the payment made by the Interconnection Customer for estimated costs within thirty (30) calendar days of the issuance of such final construction invoice. (f) If, in accordance with the removal of the Distribution Provider's Interconnection Facilities as specified in Section 12 of this Attachment 2, the Distribution Provider decides to physically remove the Distribution Provider's Interconnection Facilities the Distribution Provider shall render a bill to the Interconnection Customer for the Removal Cost. The Interconnection Customer shall pay the Removal Cost within thirty (30) calendar days of such bill. Such billing shall initially be based on the Distribution Provider's estimate of the Removal Cost. Within twelve (12) months following the removal of the Distribution Provider's Interconnection Facilities the Distribution Provider shall determine the actual Removal Cost and provide the Interconnection Customer with a final invoice. The Distribution Provider shall refund to the Interconnection Customer any amount by which the payment by the Interconnection Customer for the estimated Removal Cost exceeds the actual Removal Cost within thirty (30) calendar days of the issuance of such final invoice; or, in the event the actual Removal Cost exceeds the Interconnection Customer's payment for the estimated Removal Cost, then the Interconnection Customer shall pay to the Distribution Provider any amount by which the actual Removal Cost exceeds the payment by the Interconnection Customer for the estimated Removal Cost within thirty (30) calendar days of the issuance of such final invoice. Exhibit D - 40 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 15. Interconnection Facilities Cost, Distribution Upgrades Cost, Reliability Network Upgrades Cost and Delivery Network Upgrades Cost Summary. (a) Estimated Cost: [NOTE: These figures are provided as an example; actual figures shall be inserted prior to execution.] Element- Interconnection Facilities Cost Distribution Upgrades Cost Reliability Network Upgrades Cost Delivery Network Upgrades Cost One- Time Cost Total ITCC* Distribution Provider's Interconnection Facilities - Install approximately 250 feet of primary cable - Install one (1) automated 4 - way gas switch - Install one (1) 2500 kVA 33/12kV transformer - Install one (1) vacuum fault interrupter with controller - Install approximately 100 feet of secondary cable - Install 12kV metering and associated wiring [$350,800] [$350,800] [$77,176] Telemetry [$6,100] [$6,100] - Install centralized RTU Distribution Upgrades None Reliability Network Upgrades None Delivery Network Upgrades None Total [$350,800] [$6,100] [$356,900] [$77,176] *Note: ITCC/Estimated Tax Liability will be provided pursuant to Attachment 2, Section 11. Exhibit D - 41 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 All amounts shown above are in nominal dollars. (b) Actual Cost: [TO BE INSERTED AFTER TRUE -UP OF ACTUAL COSTS] Element Interconnection Facilities Cost Distribution Upgrades Cost Reliability Network Upgrades Cost Delivery Network Upgrades Cost One- Time Cost Total ITCC Interconnection Facilities Charge As of the Interconnection Facilities Completion Date [0.39%] [$350,800] [$1,368.12] [to be inserted after true -up] [to be inserted after true -up] Total 16. Interconnection Facilities Charge. (a) Interconnection Facilities Charge = Customer -Financed Monthly Rate x (Interconnection Facilities Cost) Exhibit D - 42 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Estimated Actual Effective Customer- Financed Monthly Rate Interconnection Facilities Cost Interconnection Facilities Charge Interconnection Facilities Cost Interconnection Facilities Charge As of the Interconnection Facilities Completion Date [0.39%] [$350,800] [$1,368.12] [to be inserted after true -up] [to be inserted after true -up] Exhibit D - 42 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 17. Payment Schedule and Associated ITCC. The payment amounts shown below are based on an estimate of the costs expected to be incurred for the Distribution Upgrades, Distribution Provider's Interconnection Facilities, and Network Upgrades. Payment No. Payment Due Date Interconnecti on Facilities Cost Distributio n Upgrades Cost Reliabilit y Network Upgrades Cost Delivery Network Upgrades Cost One -Time Cost Project Payment Associated ITCC* 1. Within 30 Calendar Days of the Effective Date [$350,800] [$6,100] [$356,900] [$77,176[ Total [$350,800] [$6,100] [$356,900] [$77,176] All amounts shown above are in nominal dollars. Interconnection Facilities Payment = (Interconnection Facilities Cost + associated One -Time Cost) = [$356,900] Distribution Upgrades Payment = (Distribution Upgrades Cost + associated One -Time Cost) = $0 Reliability Network Upgrades Payment = (Reliability Network Upgrades Cost + associated One -Time Cost) = $0 Delivery Network Upgrades Payment = (Delivery Network Upgrades Cost + associated One -Time Cost) = $0 *ITCC will be provided by Interconnection Customer in accordance with Section 11 of this Attachment 2. Exhibit D - 43 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Attachment 3 One -line Diagram Depicting the Generating Facility, Interconnection Facilities, Metering Equipment, and Upgrades 1 Luiseno 33 kV out of Pechanga Substation 2308901E Point of interconnection Install 250 of t!0 JCN primary cable New Four Way Gas Switch with Automation t1 1 2 3 4 Point of Change of Onwership New 2500 INA 33 kV l 12 kV ITransformer IIIL I _1 L L�—j Vacuum Switch with automation — 12 kV Swltch . ear I Install 100 of 350 JCN Iprimary L cable — J 111 GFID 8284 - 3.0 MW LEGEND Distribution Upgrades Intcrtonnectier Facilities 1111121 Customer -owned Facilities Existing Fax lines Exhibit D - 44 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Attachment 4 In -Service Date: Milestones Critical milestones and responsibility as agreed to by the Parties: Item Milestone Responsible Party Due Date (a) Submit proof of insurance coverage in accordance with Article 8.1 of the GIA Interconnection Customer Within ten (10) calendar days after the Effective Date (b) Submittal of Credit Support for the Distribution Provider's Interconnection Facilities, Distribution Upgrades and Network Upgrades to the Distribution Provider pursuant to Section 10 of Attachment 2 of the GIA Interconnection Customer Within thirty (30) calendar days after the Effective Date (c) Submittal of security for the estimated tax liability to the Distribution Provider, pursuant to Section 11 of Attachment 2 of the GIA Interconnection Customer Within thirty (30) calendar days after the Effective Date (d) Provide the following information ("Required Information") in support of the Distribution Provider's engineering and design of the Distribution Provider's Interconnection Facilities and Distribution Upgrades: 1) a completed Distribution Provider provided Interconnection Customer information sheet, 2) a unique address for the project, 3) public right-of- way (street) base maps as required by the interconnection, 4) street improvement plans, 5) site plot plan on a 30:1 scale or digital file, 6) grading plans, 7) sewer and storm plot plans, 8) landscape, sprinkler and pedestal locations, 9) proposed location for the RTU, if applicable, 10) easements/lease agreements, and 11) panel drawings Interconnection Customer Within thirty (30) calendar days after the Effective Date Exhibit D - 45 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Item Milestone Responsible Party Due Date (e) Completion of the Distribution Provider's design and engineering of the Distribution Provider' s Interconnection Facilities, Distribution Upgrades, if applicable, and the Civil Construction Distribution Provider Within ninety (90) calendar days of Distribution Provider' s receipt of the Required Information (f) Provide to the Interconnection Customer: 1) an updated scope of work and design for the Distribution Provider's Interconnection Facilities, Distribution Upgrades, if applicable, and the Civil Construction; 2) an updated cost estimate and schedule related to the Distribution Provider's Interconnection Facilities and Distribution Upgrades, as applicable, if there are any material changes resulting from completion of the Distribution Provider's detailed design of Distribution Provider's Interconnection Facilities and Distribution Upgrades; and 3) comment on the Interconnection Customer's proposed location for the RTU, if applicable Distribution Provider Within five (5) calendar days following completion of Distribution Provider' s design and engineering of the Distribution Provider's Interconnection Facilities, Distribution Upgrades, if applicable, and Civil Construction (g) Completion of the Civil Construction, including Distribution Provider's release, in accordance with Section 1 of Attachment 2 and Section 3 of Attachment 5 of the GIA Interconnection Customer Within sixty (60) calendar days after the Distribution Provider provides the design for the Civil Construction to the Interconnection Customer (h) Submittal of final specifications for the Interconnection Customer's Interconnection Facilities and Generating Facility, including system protection facilities, to the Distribution Provider Interconnection Customer At least ninety (90) calendar days prior to completion of the Distribution Provider' s Interconnection Facilities, Distribution Upgrades, and Network Upgrades Exhibit D - 46 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Item Milestone Responsible Party Due Date (i) Review of and comment on the Interconnection Customer' s final specifications Distribution Provider Within forty-five (45) calendar days following the Interconnection Customer's submittal of the final specifications for the Interconnection Customer' s Interconnection Facilities and Generating Facility (j) Notification of testing and inspection of Interconnection Customer's Interconnection Facilities pursuant to Article 2.1.1 of the GIA Interconnection Customer Within five (5) Business Days prior to such testing and inspection (k) Submission of a written test report to the Distribution Provider, in accordance with Article 2.1.1 of the GIA Interconnection Customer Within five (5) Business Days following completion of Interconnection Customer's testing and inspection (1) Written acknowledgement of Interconnection Customer's Interconnection Facilities written test report pursuant to Article 2.1.2 of the GIA Distribution Provider Within five (5) Business Days of Interconnection Customer's submission of the test report (m) Submission of written documentation reflecting Interconnection Customer's satisfaction of parallel operation requirements pursuant to Article 2.2.2 of the GIA Interconnection Customer At least fifteen (15) calendar days prior to the Initial Synchronization Date (n) Proposed Interconnection Customer' s Interconnection Facilities completion date Interconnection Customer [date] (o) Completion of the Distribution Provider's Interconnection Facilities, Distribution Upgrades, and Network Upgrades Distribution Provider Within (5) months following the Effective Date, assuming Items (d) and (g) of this Attachment 4 have occurred timely* (p) Notification of Interconnection Customer's intention to begin on-site verification testing of the Generating Facility pursuant to Article 2.3.1 of the GIA Interconnection Customer Ten (10) Business Days prior to Interconnection Customer's verification testing date Exhibit D - 47 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Item Milestone Responsible Party Due Date (q) Provide the CAISO written notice that the required Distribution Provider facilities have been installed and tested, and that initial synchronization of the Generating Facility to the Distribution System is expected to occur on the Initial Synchronization Date Distribution Provider At least ten (10) calendar days prior to the Initial Synchronization Date (r) Performance of a complete calibration test and functional trip test of the system protection facilities Interconnection Customer and Distribution Provider During the on-site verification testing of the Generating Facility pursuant to Article 2.3.1 of the GIA, and prior to initial synchronization (s) In -Service Date Interconnection Customer [date] (t) Proposed Initial Synchronization Date Interconnection Customer [date] (u) Distribution Provider's written authorization authorizing Interconnection Customer to operate its Generating Facility in parallel with the Distribution Provider's Distribution System, pursuant to Article 2.2.2 of the GIA Distribution Provider Within five (5) calendar days after the Initial Synchronization Date and the Interconnection Customer' s satisfaction of parallel operation requirements pursuant to Article 2.2.2 (v) Provide the CAISO written notice that the required Distribution Provider facilities have been installed and tested, and have been approved to allow the Generating Facility to operate in parallel with the Distribution System Distribution Provider Within five (5) calendar days after the Initial Synchronization Date and the Interconnection Customer's satisfaction of parallel operation requirements pursuant to Article 2.2.2 (w) Proposed Commercial Operation Date Interconnection Customer [date] (x) Submittal of "as -built" drawings, information and documents for the Interconnection Customer' s Interconnection Facilities, including the Civil Construction, and the Generating Facility to the Distribution Provider Interconnection Customer Within one hundred twenty (120) calendar days after the Commercial Operation Date, unless otherwise agreed Exhibit D - 48 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 * Note: The Interconnection Customer understands and acknowledges that such timeline is only an estimate and that equipment and material lead times, labor availability, outage coordination, regulatory approvals, right-of-way negotiations, or other unforeseen events could delay the actual in-service dates of the Distribution Provider's Interconnection Facilities, Distribution Upgrades, or Network Upgrades beyond those specified. The Distribution Provider shall not be liable for any cost or damage incurred by the Interconnection Customer because of any delay in the work provided for in this GIA. Agreed to by: For the Distribution Provider Date Jill Horswell For the Distribution Owner (If Applicable) Date For the Interconnection Customer Date [Name] Exhibit D - 49 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Attachment 5 Additional Operating Requirements for the Distribution Provider's Distribution System and Affected Systems Needed to Support the Interconnection Customer's Needs The Distribution Provider shall also provide requirements that must be met by the Interconnection Customer prior to initiating parallel operation with the Distribution Provider's Distribution System. 1. Generating Facility: All equipment and facilities comprising the Interconnection Customer's [2.999] net MW ([3.0] gross MW) solar photovoltaic generating facility in Temecula, California, as disclosed by the Interconnection Customer in its Interconnection Request, as may have been amended, which consists of (i) [thirty (30) Chint CPS SC 100KT 480 V inverters, three (3) 1000 kVA 12kV/480V transformers], (ii) the associated infrastructure and step-up transformers, (iii) meters and metering equipment, and (iv) appurtenant equipment. The [ Project] shall consist of the Generating Facility and the Interconnection Customer's Interconnection Facilities. 2. Interconnection Customer Operational Requirements. (a) Pursuant to Article 1.5.2 of the GIA, the Interconnection Customer shall operate the Generating Facility and the Interconnection Customer's Interconnection Facilities in accordance with Rule 21; and the Applicable Reliability Council requirements; and Applicable Reliability Standards. (b) The Generating Facility shall be operated so as to prevent or protect against the following adverse conditions on the Distribution Provider's electric system: inadvertent and unwanted re -energizing of a utility dead line or bus; interconnection while out of synchronization; overcurrent; voltage imbalance; ground faults; generated alternating current frequency outside permitted safe limits; power factor or reactive power outside permitted limits; and abnormal waveforms. (c) The Parties agree that the Interconnection Customer shall not hold the Distribution Provider liable for damage to the Generating Facility that may be caused due to sympathetic generation tripping associated with the Interconnection Customer's Generating Facility design. (d) Neither Party's facilities shall cause excessive voltage flicker nor introduce excessive distortion to the sinusoidal voltage or current waves as defined by ANSI Standard C84.1-1989, in accordance with IEEE Standard 519, or any applicable superseding electric industry standard or any alternative Applicable Reliability Standard or other applicable reliability council standard. In the event of a conflict among ANSI Standard C84.1-1989, or any applicable superseding electric industry standard, or any alternative Applicable Reliability Standard or other applicable reliability council standard, the Exhibit D - 50 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 alternative Applicable Reliability Standard or other applicable reliability council standard shall control. (e) The Interconnection Customer shall control the Generating Facility's output ramp rate so as to prevent adverse voltage conditions on the Distribution System. Such ramp rate control shall be in accordance with parameters, which may be modified from time to time by the Distribution Provider, set forth by the Distribution Provider and provided to the Interconnection Customer within 30 calendar days following the Distribution Provider's completion of final engineering for the Distribution Provider's Interconnection Facilities, Distribution Upgrades, and Network Upgrades, as applicable. 3. Interconnection Principles: (a) This GIA provides for interconnection of a total net capacity of [2.999 MW], resulting from the interconnection of the [ Project], as described in Section 1 of this Attachment 5. The Interconnection Customer acknowledges that if the Interconnection Customer wishes to increase the amount of interconnection capacity provided pursuant to this GIA, the Interconnection Customer shall be required to submit a new Interconnection Request in accordance with the terms and conditions of applicable tariffs. (b) The costs associated with any mitigation measures required to third party transmission systems, which result from interconnection of the [ Project] to the Distribution Provider's electrical system, are not reflected in this GIA. The Distribution Provider shall have no responsibility to pay costs associated with any such mitigation measures. (c) In the event the Distribution Provider's Interconnection Facilities are utilized to provide retail service to the Interconnection Customer in addition to the interconnection service provided under this GIA, and the Interconnection Customer fails to make payment for such retail service in accordance with the Distribution Provider's applicable retail tariffs, then the Distribution Provider's Interconnection Facilities may be removed from service to the Interconnection Customer, subject to the notice and cure provisions of such retail tariffs, until payment is made by the Interconnection Customer pursuant to such retail tariffs. (d) Review by the Distribution Provider of the electrical specifications, design, construction, operation, or maintenance of the [ Project] shall not constitute any representation as to the economic or technical feasibility, operational capability, or reliability of such facilities. The Interconnection Customer shall in no way represent to any third party that any such review by the Distribution Provider of such facilities, including, but not limited to, any review of the design, construction, operation, or maintenance of such facilities by the Distribution Provider, is a representation by the Distribution Provider as to the economic or technical feasibility, Exhibit D - 51 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 operational capability, or reliability of the [ Project]. (e) Prior to Commercial Operation, the Distribution Provider will verify that any required low -voltage ride -through, SCADA capability, and power factor correction equipment have been installed. (f) (g) Interconnection Customer shall at all times indemnify, defend and save Distribution Provider harmless from any and all damages, losses, claims, demands, suits, recoveries, cost and expenses, court cost, attorney fees, and all other obligations by third parties, arising out of or resulting from the Interconnection Customer's construction of the Civil Construction, except in the case of gross negligence or intentional wrongdoing by Distribution Provider. Prior to commencing construction of the Civil Construction, Distribution Provider shall review Interconnection Customer's construction documents and Interconnection Customer shall obtain Distribution Provider's approval of such documents. Such approval shall not be unreasonably withheld. (h) During construction of the Civil Construction, Distribution Provider shall have the right to access the Civil Construction to conduct inspections. (i) If at any time during construction, Distribution Provider determines that the Civil Construction does not meet Distribution Provider's standards and specifications, Interconnection Customer shall remedy such deficiencies. (j) Following completion of construction of the Civil Construction and prior to the in- service date of the Civil Construction, Distribution Provider shall provide final inspection and field testing of the Civil Construction, and Interconnection Customer shall obtain an inspection release from the proper inspection authority. (k) Following completion of the Civil Construction, the Distribution Provider may determine that the Civil Construction, or a portion thereof, in support of the interconnection for the [ Project] may need to be owned by the Distribution Provider. Upon such determination, the Civil Construction, or a portion thereof, will be reclassified as Distribution Provider's Interconnection Facilities and the Interconnection Customer shall be required to transfer ownership to the Distribution Provider. The Interconnection Customer understands and acknowledges that upon such transfer, it shall provide to Distribution Provider the final costs of the Civil Construction actually transferred in a form acceptable to the Distribution Provider, and Interconnection Customer shall be responsible for the ITCC and Interconnection Facilities Charge for the portion of the Civil Construction transferred to Distribution Provider. Any reclassification of the Civil Construction and the terms and conditions related to the transfer of the reclassified portions of the Civil Construction to the Distribution Provider shall be reflected in an amendment to the GIA. Exhibit D - 52 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 (1) Within one hundred -twenty (120) calendar days of the Commercial Operation Date, Interconnection Customer shall deliver to Distribution Provider "as -built" drawings, information, and any other documents that are required by Distribution Provider to assure that the Civil Construction is built to the standards and specifications required by Distribution Provider. (m) The Interconnection Customer shall complete and receive approval for all environmental impact studies and any permitting necessary for the construction, operation and maintenance of the [ Project]. The Interconnection Customer shall include the Distribution Provider's Interconnection Facilities, Distribution Upgrades and Network Upgrades described in Attachments 2 and 6 of this GIA in all such environmental impact studies, where applicable. The Interconnection Customer shall provide the results of such studies and approvals to the Distribution Provider for use in the Distribution Provider's application(s) to obtain the regulatory approvals required to be obtained by Distribution Provider for the construction, operation and maintenance of the Distribution Provider's Interconnection Facilities, Distribution Upgrades and Network Upgrades described in Attachments 2 and 6 of this GIA. (n) The Interconnection Customer is responsible for all costs associated with any necessary relocation of any of the Distribution Provider's facilities as a result of the [ Project] and acquiring all property rights necessary for the Interconnection Customer's Interconnection Facilities, including those required to cross the Distribution Provider's facilities and property. The relocation of the Distribution Provider's facilities or use of the Distribution Provider's property rights shall only be permitted upon written agreement between the Distribution Provider and the Interconnection Customer. Any proposed relocation of the Distribution Provider's facilities or use of the Distribution Provider's property rights may require a study and/or evaluation, the cost of which would be borne by the Interconnection Customer, to determine whether such use may be accommodated. The terms and conditions of any such use of the Distribution Provider's facilities or property rights would be the subject of a separate agreement and any associated costs to the Interconnection Customer would not be considered to be associated with a Network Upgrade or Distribution Upgrade and would not be refundable to the Interconnection Customer pursuant to Article 5.21 of this GIA. (o) This GIA does not address any requirements for standby power or temporary construction power that the Generating Facility may require prior to the Interconnection Facilities Completion Date. Should the Generating Facility require standby power or temporary construction power from the Distribution Provider prior to the Interconnection Facilities Completion Date, the Interconnection Customer is responsible to make appropriate arrangements with the Distribution Provider to receive and pay for such retail service. 4. Not Used. Exhibit D - 53 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 5. Interconnection Operations: (a) The Interconnection Customer shall cause the [ Project] to participate in any protection scheme required to prevent thermal overloads and unstable conditions resulting from outages. Such participation shall be in accordance with Rule 21, applicable CPUC regulations, FERC regulations, and CAISO Tariff provisions and protocols. The Interconnection Customer will not be entitled to any compensation from the Distribution Provider, pursuant to the GIA, for loss of generation output when (i) the Generating Facility's generation is reduced or the [ Project] is tripped off-line due to implementation of a protection scheme; or (ii) such generation output is restricted in the event any protection apparatus becomes inoperable. In accordance with Good Utility Practice, the Distribution Provider will provide the Interconnection Customer advance notice of any required protection scheme beyond that which has already been identified in this GIA. (b) The GIA governs the facilities required to interconnect the Generating Facility to Distribution Provider's electrical system pursuant to applicable tariffs and as described herein. Interconnection Customer shall be responsible for making all necessary operational arrangements with the CAISO, including, without limitation, arrangements for obtaining transmission service from the CAISO, and for scheduling delivery of energy and other services to the CAISO Controlled Grid. (c) The Interconnection Customer acknowledges that the Generating Facility is subject to the CAISO congestion management procedures set forth in the CAISO Tariff. This may result in limiting the output of the Generating Facility in the CAISO's markets. A Generating Facility's deliverability status does not affect how the resource is scheduled, dispatched, or curtailed in the CAISO's markets. (d) Following outages of the Interconnection Facilities or the Generating Facility, the Interconnection Customer shall not energize the [ Project] for any reason without specific permission from the Distribution Provider's operations p' 'personnel. Such permission shall not be unreasonably withheld. (e) The Interconnection Customer shall maintain operating communications with the Distribution Provider's designated switching center. The operating communications shall include, but not be limited to, system parallel operation or separation, scheduled and unscheduled outages, equipment clearances, protective relay operations, and levels of operating voltage and reactive power. (f) In accordance with Rule 21, as of the Effective Date the Generating Facility will have Energy -Only Deliverability Status. Any change in the deliverability status of the Generating Facility shall be made in accordance with the CAISO Tariff. (g) The Distribution Provider may perform technical assessments reasonably related to Exhibit D - 54 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 interconnection or operation of the [ Project] when requested by the Interconnection Customer, directed by the CAISO in accordance with the CAISO Tariff, or as deemed necessary by the Distribution Provider, at the Interconnection Customer's expense, with scope, timing and cost to be determined by the Distribution Provider. (h) Upon reasonable notice and supervision by a Party, and subject to any required or necessary regulatory approvals, a Party ("Granting Party") shall furnish at no cost to the other Party ("Access Party") any rights of use, licenses, rights of way and easements with respect to lands owned or controlled by the Granting Party, its agents (if allowed under the applicable agency agreement), or any affiliate, that are necessary to enable the Access Party to obtain ingress and egress to construct, operate, maintain, repair, test (or witness testing), inspect, replace or remove facilities and equipment to: (i) interconnect the Generating Facility with the Distribution System; (ii) operate and maintain the Generating Facility, the Interconnection Facilities and the Distribution Provider's electrical system; and (iii) disconnect or remove the Access Party's facilities and equipment upon termination of this GIA. In exercising such licenses, rights of way and easements, the Access Party shall not unreasonably disrupt or interfere with normal operation of the Granting Party's business and shall adhere to the safety rules and procedures established in advance, as may be changed from time to time, by the Granting Party and provided to the Access Party. The Interconnection Customer and Distribution Provider shall execute any necessary supplemental agreements, as determined by the Distribution Provider, to effectuate and record such easement(s) which provides the Distribution Provider unrestricted 24 hour access to Distribution Provider's Interconnection Facilities, and Distribution Upgrades, and Network Upgrades, if applicable, located on the Interconnection Customer's side of the Point of Change of Ownership for construction, operation, and maintenance. (i) Compliance with Applicable Reliability Standards: The Interconnection Customer shall comply with all Applicable Reliability Standards for the Interconnection Customer's Interconnection Facilities and the Generating Facility. The Distribution Provider will not assume any responsibility for complying with mandatory reliability standards for such facilities and offers no opinion as to whether the Interconnection Customer must register with NERC. If required to register with NERC, the Interconnection Customer shall be responsible for complying with all Applicable Reliability Standards for the Interconnection Customer's Interconnection Facilities and the Generating Facility up to the Point of Change of Ownership, as described in Section 5 of Attachment 2 of this GIA. 6. Insurance: As indicated below, the designated Party shall, at its own expense, maintain in force throughout the period of this GIA, and until released by the other Party, the following minimum insurance coverages, with insurers authorized to do business in the state where the Point of Interconnection is located: Exhibit D - 55 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 (a) Employers' Liability and Workers' Compensation Insurance. The Distribution Provider and the Interconnection Customer shall maintain such coverage from the commencement of any construction activities providing statutory benefits for workers compensation coverage and coverage amounts of no less than one million dollars ($1,000,000) for employer's liability in accordance with the laws and regulations of the state in which the Point of Interconnection is located. The Distribution Provider shall provide the Interconnection Customer with evidence of such insurance within thirty (30) calendar days of any request by the Interconnection Customer. The Interconnection Customer and contractor or any other person acting on Interconnection Customer's behalf shall provide evidence of such insurance thirty (30) calendar days prior to entry by any employee or contractor or other person acting on the Interconnection Customer's behalf onto any construction site to perform any work related to the Interconnection Facilities or Generating Facility. (b) Commercial General Liability Insurance. The Distribution Provider and the Interconnection Customer shall maintain commercial general liability insurance commencing within thirty (30) days of the Effective Date of this GIA, Commercial General Liability Insurance including premises and operations, personal injury, broad form property damage, broad form blanket contractual liability coverage (including coverage for the contractual indemnification) products and completed operations coverage, coverage for explosion, collapse and underground hazards, independent contractors coverage, coverage for pollution to the extent normally available and punitive damages to the extent normally available and a cross liability endorsement, with minimum limits of one million dollars ($1,000,000) per occurrence/one million dollars ($1,000,000) aggregate combined single limit for personal injury, bodily injury, including death and property damage. If the activities of the Interconnection Customer are being conducted through the actions of an affiliate, then the Interconnection Customer may satisfy the insurance requirements of this Attachment 5 Section 6(b) by providing evidence of insurance coverage carried by such affiliate and showing the Distribution Provider as an additional insured, together with the Interconnection Customer's written representation to the Distribution Provider that the insured affiliate is conducting all of the necessary pre -construction work. Within thirty (30) calendar days prior to the entry of any person on behalf of the Interconnection Customer onto any construction site to perform work related to the Interconnection Facilities or Generating Facility, the Interconnection Customer shall replace any evidence of affiliate insurance with evidence of such insurance carried by the Interconnection Customer, naming the Distribution Provider as additional insured. (c) Business Automobile Liability Insurance. Prior to the entry of any vehicles on any construction site in connection with work done by or on behalf of the Interconnection Customer, the Interconnection Customer shall provide evidence of coverage of owned and non -owned and hired vehicles, trailers or semi -trailers designed for travel on public roads, with a minimum, combined single limit of one million dollars ($1,000,000) per occurrence for bodily injury, including death, and property damage. Upon the request Exhibit D - 56 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 of the Distribution Provider, the Interconnection Customer shall name the Distribution Provider as an additional insured on any such policies. (d) Excess Liability Insurance. Commencing at the time of entry of any person on its behalf upon any construction site for the Distribution Upgrades, Interconnection Facilities, or Generating Facility, the Distribution Provider and the Interconnection Customer shall maintain excess liability insurance over and above the Employers' Liability, Commercial General Liability, and Business Automobile Liability Insurance coverage, with a minimum limit of one million dollars per MW, of Generating Facility capacity, rounded up to the nearest MW, per occurrence, up to a maximum of twenty million dollars ($20,000,000) per occurrence/twenty million dollars ($20,000,000) aggregate. Such insurance carried by the Distribution Provider shall name the Interconnection Customer as an additional insured, and such insurance carried by the Interconnection Customer shall name the Distribution Provider as an additional insured. (e) The Commercial General Liability Insurance, Business Automobile Liability Insurance and Excess Liability Insurance policies shall name the other Party identified in the sections above, its parent, associated and affiliate companies and their respective directors, officers, agents, servants and employees ("Other Party Group") as additional insured. All policies shall contain provisions whereby the insurers waive all rights of subrogation in accordance with the provisions of this GIA against the Other Party Group and provide thirty (30) calendar days advance written notice to the Other Party Group prior to anniversary date of cancellation or any material change in coverage or condition. If any Party can reasonably demonstrate that coverage policies containing provisions for insurer waiver of subrogation rights, or advance written notice are not commercially available, then the Parties shall meet and confer and mutually determine to (i) establish replacement or equivalent terms in lieu of subrogation or notice or (ii) waive the requirements that coverage(s) include such subrogation provision or require advance written notice from such insurers. (f) (g) The Commercial General Liability Insurance, Business Automobile Liability Insurance and Excess Liability Insurance policies shall contain provisions that specify that the policies are primary and shall apply to such extent without consideration for other policies separately carried and shall state that each insured is provided coverage as though a separate policy had been issued to each, except the insurer's liability shall not be increased beyond the amount for which the insurer would have been liable had only one insured been covered. Each Party shall be responsible for its respective deductibles or retentions. The Commercial General Liability Insurance, Business Automobile Liability Insurance and Excess Liability Insurance policies, if written on a Claims First Made Basis, shall be maintained in full force and effect for two (2) years after termination of this GIA, which coverage may be in the form of extended reporting period coverage if agreed by the Parties. Exhibit D - 57 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 (h) The requirements contained herein as to the types and limits of all insurance to be maintained by the Parties are not intended to and shall not in any manner, limit or qualify the liabilities and obligations assumed by the Parties under this GIA. (i) Within ten (10) calendar days following the Effective Date of this GIA, and as soon as practicable after the end of each fiscal year or at the renewal of the insurance policy and in any event within ninety (90) calendar days thereafter, each Party shall provide certification of all insurance required in this GIA, executed by each insurer or by an authorized representative of each insurer. (j) Notwithstanding the foregoing, each Party may self -insure (a) to meet the insurance requirements of Section 6(a) of this Attachment 5, to the extent that it maintains a self- insurance program and is a qualified self -insurer within the state in which the Point of Interconnection is located, under the laws and regulations of such state; and (b) to meet the minimum insurance requirements of Sections 6(b) through 6(i) of this Attachment 5 to the extent it maintains a self-insurance program; provided that, such Party's senior secured debt is rated at investment grade or better by Standard & Poor's and that its self-insurance program meets the minimum insurance requirements of Sections 6(b) through 6(i) of this Attachment 5. For any period of time that a Party's senior secured debt is unrated by Standard & Poor's or is rated at less than investment grade by Standard & Poor's, such Party shall comply with the insurance requirements applicable to it under Sections 6(b) through 6(i) of this Attachment 5. In the event that a Party is permitted to self -insure pursuant to Article 8 of this GIA and Section 6(j) of this Attachment 5, it shall notify the other Party that it meets the requirements to self -insure and that its self-insurance program meets the minimum insurance requirements in a manner consistent with that specified in Section 6(i) of this Attachment 5. (k) The Parties agree to report to each other in writing as soon as practical all accidents or occurrences resulting in injuries to any person, including death, and any property damage arising out of this GIA. Exhibit D - 58 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Attachment 6 Distribution Provider's Description of its Upgrades and Cost Responsibility The Distribution Provider shall describe Upgrades and provide an itemized best estimate of the cost, including overheads, of the Upgrades and annual operation and maintenance expenses associated with such Upgrades. The Distribution Provider shall functionalize Upgrade costs and annual expenses as either transmission or distribution related. 1. Network Upgrades. None. 2. Distribution Upgrades. The Distribution Provider shall: None identified. Exhibit D - 59 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Exhibit E Energy Delivery Point Single -Line Drawing Note: Set forth below (or attached) is the preliminary Energy Delivery Point Single -Line Drawing, and upon the Commercial Operation Date, such preliminary drawing shall be replaced with a final Energy Delivery Point Single -Line Drawing. Exhibit E - 1 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 ra Q n Ca co 0 %,1 1 �' ' 00 II : . CO C J Q .. i' �� 0 M 14 1 I I I 1 irII1,i1 ,i i I. P1 I 0 c 0 ` _ 11 n1 to o .e..I.3..{_..3 511111...Ilium Ie i 4 ,,..." 1I Eli J`$ F Exhibit E - 1 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Exhibit F Form of Lender Consent CONSENT AND AGREEMENT This Consent and Agreement (this "Consent") is made and entered into as of , 20_, by and among the [PURCHASER], a [type of entity] ("Project Participant"), , as collateral agent (together with its designees(s) or assignee(s) and its permitted successors and assigns in such capacity, "Collateral Agent") for the secured parties (the "Secured Parties") under the Security Agreement (as defined below), and [POWER PROVIDER], a [type of entity] ("Borrower"). RECITALS A. Borrower has entered into that certain Credit Agreement, dated as of , 20_ (as amended, amended and restated, supplemented or otherwise modified from time to time, the "Credit Agreement") with the financial institutions from time to time party thereto as lenders (collectively, the "Lenders"), and , as administrative agent for the Lenders (in such capacity, "Administrative Agent") and Collateral Agent for the Secured Parties, providing for, among other things, Lenders to provide financing for Borrower to develop, construct, install, finance, own, operate and maintain that certain solar energy generating facility owned by the Borrower and located at [INSERT ADDRESS, CITY, STATE] (the "Facility"). B. Borrower and Project Participant entered into that certain [INSERT ALL AGREEMENTS BETWEEN BORROWER AND PROJECT PARTICIPANT AND PLURALIZE ALL REFERENCES TO ASSIGNED AGREEMENT BELOW IF NECESSARY] dated as of , 20_ (as amended, amended and restated, supplemented or otherwise modified from time to time, the "Assigned Agreement"). C. As part of the consummation of the transactions contemplated by the Credit Agreement, Borrower has entered into a security agreement with the Collateral Agent (the "Security Agreement"), pursuant to which Borrower will assign, among other things, as collateral security for its obligations under the Credit Agreement (the "Secured Obligations"), all estate, right, title and interest of Borrower in, to and under the Assigned Agreement (the "Assigned Interest") for the benefit of the Lenders (each, a "Secured Party" and collectively, the "Secured Parties"). NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, and intending to be legally bound, the parties do hereby agree as follows: Exhibit F - 1 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 AGREEMENT 1. Consent to Assignment; Subsequent Owner. Project Participant hereby consents in all respects to the collateral assignment under the Security Agreement of all of Borrower's right, title, obligations and interest in and to the Assigned Agreement. Project Participant agrees that, if Collateral Agent notifies Project Participant in writing that is has elected to exercise its rights and remedies pursuant to the Security Agreement with respect to the foreclosure of the Assigned Interest, then (i) Collateral Agent or any assignee and/or designee of Collateral Agent (a "Subsequent Owner") shall be substituted for Borrower under the Assigned Agreement and shall be subject to the rights and obligations of the Borrower under the Assigned Agreement and (ii) Project Participant shall recognize Collateral Agent or the Subsequent Owner, as the case may be, as its counterparty under the Assigned Agreement and continue to perform its obligations under the Assigned Agreement in favor of Collateral Agent or the Subsequent Owner, as the case may be. 2. Notice of Default. If Borrower defaults in the performance of any of its obligations under the Assigned Agreement, Project Participant will give written notice of such default to Collateral Agent and afford Collateral Agent the opportunity to cure such default (i) with respect to payment defaults, within ten (10) business days of such notice or the applicable cure period provided in the Assigned Agreement, whichever is greater, and (ii) with respect to non-payment defaults, within ninety (90) days of such notice or the applicable cure period provided in the Assigned Agreement, whichever is greater (provided, however, that such ninety (90) day period may be extended by no more than an additional ninety (90) day period if the Collateral Agent has commenced and is diligently pursuing appropriate action to cure such non -monetary default and such extension does not have a material adverse effect on Project Participant). 3. Recourse. Project Participant acknowledges and agrees that neither the Collateral Agent nor the Secured Parties shall have any liability or obligation under the Assigned Agreement as a result of this Consent or the Security Agreement except during any period in which Collateral Agent is a Subsequent Owner. If Collateral Agent becomes a Subsequent Owner, the Collateral Agent and the Secured Parties shall remain liable to Project Participant pursuant to the Assigned Agreement, having succeeded to the obligations of Borrower. 4. Direct Payment. Project Participant agrees that it will pay all amounts payable by it under the Assigned Agreement in the manner and as and when required by the Assigned Agreement directly into any account as may be specified from time to time by Collateral Agent to Project Participant in writing upon at least ten (10) days prior written notice. 5. No Termination, Assignment or Amendment. Project Participant will not, without the prior written consent of Collateral Agent, enter into any cancellation or termination of the Assigned Agreement (or suspension of performance of obligations thereunder) or consent to any cancellation or termination of the Assigned Agreement (or Exhibit F - 2 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 suspension of performance of obligations thereunder) by Borrower. Except as expressly permitted in the Assigned Agreement (other than any provision permitting transfers or assignments of the Assigned Agreement to an affiliate of Project Participant without consent), Project Participant will not, without the prior written consent of Collateral Agent (which consent shall not be unreasonably withheld, delayed or conditioned), (i) assign or otherwise transfer any of its right, title, interest or obligations under the Assigned Agreement; (ii) consent to any assignment or transfer by Borrower of its right, title, interests, or obligations under the Assigned Agreement, or (iii) enter into any amendment, supplement or other modification of the Assigned Agreement. 6. Representations and Warranties of Project Participant. Project Participant hereby represents and warrants, in favor of Collateral Agent, as of the date hereof, that (i) the execution, delivery and performance by Project Participant of this Consent and the Assigned Agreement have been duly authorized by all necessary corporate or other action on the part of Project Participant, (ii) each of this Consent and the Assigned Agreement is in full force and effect and constitutes the legal, valid and binding obligation of Project Participant, enforceable against Project Participant in accordance with its terms, except as the enforceability thereof may be limited by bankruptcy, insolvency, reorganization or other similar laws affecting the enforcement of creditors' rights generally and general equitable principles, (iii) Borrower is not in default of any of its obligations under the Assigned Agreement, nor do there presently exist any material disputes between Project Participant and Borrower under the Assigned Agreement, and (iv) Project Participant has no notice of, and has not consented to, any previous assignment by Borrower of all or any part of its rights under the Assigned Agreement. 7. Replacement Agreement. In the event the Assigned Agreement is rejected or terminated as a result of any bankruptcy, insolvency, reorganization or similar proceeding affecting Borrower, Project Participant will, at the option of Collateral Agent exercised within forty-five (45) days after such rejection or termination, enter into a new agreement with Collateral Agent (or its designee or assignee) having identical terms as the Assigned Agreement (subject to any conforming changes necessitated by the substitution of parties and other changes as the parties may mutually agree); provided that (i) the term under such new agreement shall be no longer than the remaining balance of the term specified in the Assigned Agreement and (ii) Collateral Agent (or its designee or assignee) shall be required to cure any than existing payment or performance defaults by Borrower under the Assigned Agreement (other than any then existing performance defaults which by their nature are incapable of being cured at the time such new agreement is entered into). 8. Notices. All notices, requests, claims, demands and other communications required or permitted to be given under this Consent shall be in writing and shall be deemed effectively given (i) upon personal delivery to the party to be notified; (ii) when received when sent by e-mail or fax by the party to be notified; provided, however, that notices given by e-mail or fax shall not be effective unless either (a) a duplicate copy of such e-mail or fax notice is promptly given by one of the other Exhibit F - 3 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 methods described in this Section 7, or (b) the receiving party delivers a written confirmation of receipt for such notice either by e-mail, fax or any other method described in this Section 7; (iii) one (1) business day after deposit with a reputable overnight courier, prepaid for overnight delivery and addressed as set forth in (iv) provided that the sending party receives a confirmation of delivery from the overnight courier service; or (iv) three (3) business days after deposit with the U.S. Post Office, postage prepaid, registered or certified with return receipt requested and addressed to the party to be notified at the address indicated for such party below, or at such other address as such party may designate by ten (10) days' advance written notice to the other parties given in the foregoing manner: If to Borrower: Attention: Phone: Facsimile: Email: If to Project Participant: [PURCHASER] Attention: Phone: Facsimile: Email: If to Collateral Agent: Attention: Telephone: Facsimile: Email: 9. Successors and Assigns. This Consent shall be binding upon Project Participant and its permitted successors and assigns and shall inure to the benefit of Collateral Agent, its designee(s) and assignee(s) and their respective successors and assigns (including, without limitation, any entity that refinances all or any portion of the Secured Obligations). The Project Participant hereby agrees to execute a consent to assignment substantially in the form of this Consent and such other documents as may Exhibit F - 4 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 be reasonably requested by Borrower in connection with any collateral assignment of the Assigned Agreement to the lenders of Borrower from time to time at the request of Borrower, including any refinancing or replacement of the Credit Agreement. 10. Amendment of Financing Documents. The Credit Agreement, the Security Agreement, any related financing documents and the security interests granted thereunder may be amended, restated, refinanced (in whole or in part), supplemented or otherwise modified from time to time without Project Participant's consent and without affecting the terms or the validity or enforceability of this Consent. 11. Governing Law. This Consent will be governed by and construed in accordance with the laws of the State of California (without giving effect to principles of conflicts of law). 12. Severability. If any provision of this Consent or the application thereof is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions hereof, or the application of such provision to the parties hereto or circumstances other than those as to which it has been held invalid or unenforceable, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby, so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party hereto. 13. Counterparts. This Consent may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Consent and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email or other electronically delivered signatures of the parties hereto shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Exhibit F - 5 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 IN WITNESS WHEREOF, the parties hereto have caused this Consent to be duly executed and delivered by their duly authorized officers as of the date first above written. [PURCHASER], a By: Name: Title: Accepted and Agreed to: not individually but solely in its capacity as Collateral Agent By: Name: Title: [POWER PROVIDER] a By: a , its [managing member/general partner] By: Name: Title: Exhibit F - 6 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Exhibit G Form of Estoppel POWER PURCHASER ESTOPPEL CERTIFICATE Reference is made to that certain Solar Power Purchase Agreement dated , 20_ (as amended from time to time as of the date hereof, the "Agreement") between [name of project entity, a [type of legal entity]] (the "Project Company"), and [name of purchaser], a [type of legal entity] ("Power Purchaser") for the [name/type of facility] located at [address] (the "Project"). Power Purchaser acknowledges that (i) [ ] a Delaware limited liability company (the "Solar Fund"), has proposed to acquire an indirect [membership] interest of the Project Company and (ii) [ ], a Delaware limited liability company (together with the Solar Fund, the "Acquirors") has proposed to acquire a direct [sole membership] interest of the Project Company. In connection with the Acquirors' proposed acquisition, the Acquirors have required that the Project Company obtain the confirmation and agreement of the Power Purchaser as to certain matters related to the Agreement. Based on the foregoing, and recognizing that the Acquirors will rely hereon in connection with the proposed acquisition, Power Purchaser hereby confirms and agrees as follows: 1. The copy of the Agreement, attached hereto as Exhibit A, constitutes a true and complete copy of the Agreement. 2. The Agreement is in full force and effect and has not been modified or amended in any way except as shown on the instruments attached hereto as Exhibit A, and constitutes the entire agreement between Power Purchaser and the Project Company relating to the Project. 3. Power Purchaser has not transferred or assigned any interest in the Agreement. 4. Neither party to the Agreement is in default thereunder or has breached the Agreement and, to the best of Power Purchaser's knowledge, no facts or circumstances exist which, with the passage of time or the giving of notice or both, would constitute a default or breach by either such party thereunder. 5. All representations made by Power Purchaser in the Agreement are true and correct and all warranties under the Agreement are absolutely, irrevocably and unconditionally in effect. 6. There are no actions pending against Power Purchaser under the bankruptcy or any similar laws of the United States or any state. Exhibit G - 1 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 7. Power Purchaser has not provided written notice to Power Provider of any event, act, circumstance or condition constituting an event of force majeure under the Agreement. 8. Project Company has not received or claimed any amounts under the limited indemnification obligation of Power Purchaser set forth in Section 13 of the Agreement. 9. Project Company does not owe any indemnity payments to Power Purchaser and Power Purchaser has no existing counterclaims, offsets or defenses against Project Company under the Agreement. 10. There are no proceedings pending or, to Power Purchaser's knowledge without inquiry, threatened by written letter or claim against or affecting Power Purchaser in any court or by or before any court governmental authority or arbitration board or tribunal which could reasonably be expected to have a material adverse effect on the ability of Power Purchaser to perform its obligations under the Agreement. 11. Power Purchaser has no objection to and hereby consents to (i) Project Company's pledging its rights under the Agreement to in connection with the debt financing for the Project and (ii) Acquirors' acquisition of their respective interests in the Project Company, provided Acquiror agrees in writing to be bound by Project Company's obligations under the Agreement. 12. All payments due under the Agreement have been paid in full through the period ending , 20_ 13. There are no disputes or proceedings between Power Purchaser on the one hand and the Project Company on the other. 14. Power Purchaser understands and acknowledges that the Acquirors will be relying on this certificate in connection with the debt and equity financings for the Project and, accordingly, that this certificate binds Power Purchaser and its successors and assigns. WITNESS the execution hereof under seal this day of , 20_ POWER PURCHASER: By: Name: Title: Exhibit G - 2 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Exhibit H Land Use Agreement Sublease Agreement (Area 1) This Sublease Agreement (this "Sublease") dated as of , 2017 ("Effective Date"), is by and between SMER Research 1, LLC, a California limited liability company ("Sublandlord"), and Southwest Riverside County Energy Authority, a California Joint Powers Authority ("Subtenant"). Recitals A. The Trustees of the California State University, acting by and through San Diego State University ("Master Landlord"), as landlord, and Sublandlord, as tenant, entered into that certain Ground Lease Agreement dated October 21, 2014, as amended, a copy of which is attached hereto as Exhibit A ("Master Lease"). B. Subtenant desires to sublet from Sublandlord the Subleased Property (defined in Exhibit B, attached hereto), and all of Sublandlord's right, title and interest in and to the Landlord's Other Property within the Subleased Property (defined in the Master Lease) (collectively, the "Premises"), on the terms and conditions contained in this Sublease. Agreement 1. Master Lease Agreement. All of the provisions of the Master Lease that are not in conflict with this Sublease are incorporated into this Sublease as if fully set forth herein. If any provisions of this Sublease conflict with any portion of the Master Lease as incorporated herein, the terms of this Sublease shall govern. 1.1 With respect to the performance of any obligations required of Master Landlord under the Master Lease, Sublandlord's sole obligation shall be to request the same, and to use reasonable efforts to obtain the same from Master Landlord. Subtenant shall cooperate with Sublandlord as may be required to obtain from Master Landlord any performance of Master Landlord's other obligations under the Master Lease. 1.2 Sublandlord shall perform all obligations of the Tenant under the Master Lease at its sole cost and expense. Sublandlord shall procure and maintain for the duration of the term of this Sublease the type and amount of insurance required of the Tenant pursuant to Paragraph 9 of the Master Lease, subject to the insurance requirements of Section 9 of the Master Lease and naming the Subtenant, its member agencies, their elected officials, officers and employees as additional insureds. In the event that Subtenant incurs any costs or expenses to fulfill an obligation of the Tenant Exhibit H - 1 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 under the Master Lease pursuant to Subtenant's obligations under this Sublease, Sublandlord shall reimburse Subtenant for such costs or expenses within thirty days of notice from Subtenant. 1.3 Subtenant shall not do or permit to be done anything which would constitute a violation or breach of any of the terms, conditions or provisions of the Master Lease or which would cause the Master Lease to be terminated or forfeited by virtue of any risks of termination or forfeiture reserved by or vested in Master Landlord. 1.4 If the Master Lease terminates, this Sublease shall terminate and the parties shall be relieved from all liabilities and obligations under this Sublease. 1.5 Sublandlord represents that the Master Lease is in full force and effect and that there are no defaults on Sublandlord's part under the Master Lease. Sublandlord represents that if Subtenant performs all the provisions in this Sublease to be performed by Subtenant, Subtenant shall have and enjoy throughout the term of this Sublease the quiet and undisturbed possession of the Premises to the extent provided in the Master Lease, and non-exclusive access to the Common Area. 2. Term. The term of this Sublease shall commence on 2017 ("Effective Date") and shall continue for twenty (20) years from the Operations Date, as that Term is defined in the Master Lease, and may be extended by Subtenant for two (2) successive five (5) year periods. 3. Rent. For each one (1) year of Term, beginning on the Effective Date, and during each year of the Term thereafter, Subtenant shall pay Rent for the Premises, in advance, in the sum of One Dollar ($1.00). 4. License Right. During the term of this Sublease, Sublandlord shall be entitled to enter onto the Premises in accordance with the License Agreement attached as Exhibit C, and incorporated herein by this reference. 5. Master Landlord Default. Notwithstanding any provision of this Sublease to the contrary, Sublandlord shall not be liable or responsible in any way for any loss, damage, cost, expense, obligation or liability suffered by Subtenant by reason or as the result of any breach, default or failure to perform by the Master Landlord under the Master Lease. 6. Attorneys' Fees. If there is any legal or arbitration action or proceeding between Sublandlord and Subtenant to enforce any provision of this Sublease or to protect or establish any right or remedy of either Sublandlord or Subtenant hereunder, the unsuccessful party to such action or proceeding will pay to the prevailing party all costs and expenses, including reasonable attorneys' fees incurred by such prevailing party, and if such prevailing party recovers a judgment in any such action, proceeding or appeal, such costs, expenses and attorney's fees will be determined by the court or Exhibit H - 2 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 arbitration panel handling the proceeding and will be included in and as a part of such judgment. 7. Notices. All notices given under this Sublease must be in writing and shall be effectively served upon delivery, or if mailed, upon the first to occur of receipt or the expiration of forty-eight hours after deposit in certified United States mail, postage prepaid, sent to the party at its address set forth on the last page of this Sublease. Those addresses may be changed by either party by notice to the other party. 8. Assignment. There shall be no sub -subletting or assignment of this Sublease. IN WITNESS WHEREOF, Sublandlord and Subtenant have executed this Sublease as of the day and year first above written. SUBLANDLORD: SUBTENANT: SMER Research 1, LLC Southwest Riverside County Energy Authority By: William P. Love By: Managing Member Name: Title: Attest: Name: Title: Approved as to Form: Name: Title: Exhibit H - 3 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 EXHIBIT A TO SUBLEASE AGREEMENT MASTER LEASE AND AMENDMENT Exhibit H - 4 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 .iii tcndnren( to Groundlease Agreement No. 40096313 between Trustees of California State University, San Diego Stale University. and SMER Research 1, LLC This Amendment Agreement (this "Amendment") dated as of J .., * , 2016 ("Effective Date"), is by rued between The Trustees of the California State Un entity, acting by and th.rdugh San Diego State University ("Landlord") and SMER Research 1, LLC, a California limited liability company ("Tenant"). R eci to is WHEREAS, the Landlord and Tenant entered into that certain Ground Leas: Agreement between Tertistees of she California State University, San Diego State University .arid SMER Research I, LLC, dated October 21, 2014, ideetificd as SL)SU Agreement 40096313, a copy of which is attached hereto as Exhibit A (ter" }, W1-1EREAS, the Lease provides for Tenant to lease from Landlord certain property within Landlord's Santa Margarita Ecological Research Reserve, measuring approximately 22 acres, a more particular description to b provided as Exhibit 1 to the Lease ("Lease Area"); and 'WHEREAS, Tenant has reviewed and refined its intended project on the tease Area and has determined that the original Lease Area overstates the property needed for Tenant's project and that the actual area needed for Tenant's project is 15.7$ acres, more or less; and WHEREAS, the parties hereto believe that it is in the best interest of Landlord and Tenant to more precisely defiae the Lease Area to fit the land needed for Tenant's project and avoid over -encumbering Landlord's property beyond the area needed for Tenant's project. NOW, THEREFORE. in consideration of the covenants contained herein, the parties do hereby agree to: 1. Amend the Lease to replace the anginal Lease Area as identified on Exhibit A to the Lease, with an Amended Lease Area of 15.7$ acres, more or less, as more particularly described in Exhibit 13 to this Amendment. 2. This Amended Lease Area description shall also affect and become a part of the Memorandum of Lease which is recorded on the property pursuant to Paragraph 36 of the Lease Agreement. 3. All other covenants, conditions, restrictions, and provisions provided in the Lease, other than the Lease Area description, shall remain unchanged and binding upon the parties as provided for in the Lease. Exhibit H - 5 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 4. The Amended Lease Area is a reduction in size, which is contained wholly within the boundaries of the original Lease Area, and does affect any new property or natural resources outside of said boundaries. IN WITNESS WHEREOF, Landlord and Tenant have executed tiles Amendment to Lease Agreement as of the day and year First above written. LANDLORD: San Diego State University By: 014_,/ + hulz, A Real Estate Planning and Development Trustees of California State University By: Tasagoialter Arun CoSUb TENANT: SMER Research 1, LLC 13 Exhibit H - 6 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 EXHIBIT 1 TO AMENDMENT MASTER LEASE Exhibit H - 7 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 SDSU Agreement 40096313 GROUND LEASE AGREEMENT BETWEEN TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY SAN DIEGO STATE UNIVERSITY AND SMER RESEARCH 1, LLC This Ground Lease Agreement (this "Lease'') is made and entered into this 21` day of October, 2014 ("Lease Date") ,pursuant to Education Code Section 89046, by and between the Trustees of the California State University, acting by and through Sart Diego State University ("University" or "Landlord"), and SMER Research 1, a limited liability company {"Tenant"). Tenant and Landlord are sometimes referred to herein individually as a "Party" and collectively as the "Parties." 'W F'E'N ESSETH WHEREAS, Tenant desires to use the facilities described below for the purpose of development, design, finance, construction, and operation of a three (3) megawatt (MW) solar photovoltaic (PV) generating facility. WHEREAS, the President of the University finds that the property of the University described in this Lease is available for Tenant's Project (as defined below) purposes at the time or times covered by this Lease and that this Lease will not interfere with the requirements of the University; and WHEREAS, Tenant is developing a community solar energy generation project with Southern California Edison; and WHEREAS, Tenant and University would like to encourage reseach at the Santa Margarita that would benefit future renewable energy development and habitat restoration in Riverside County; and Grant of Lease. in consideration of the covenants herein contained, Landlord does hereby grant to Tenant, and Tenant does hereby accept (i) a lease for excursive use by Tenant of that land and all air rights thereon, as more fully described and identified in Exhibit "1" attached hereto and incorporated herein by this reference ("Leased Property"), and (iii) easement rights as are more fully described herein across certain additional tracts of land which are adjacent to or in the vicinity of the Leased Property as described in Exhibit "2" attached hereto ("Landlord's Other Property"), on the terms and conditions hereinafter set forth. 1. Lease Term. The term of this Lease ("Terni") shall commence an November 1" , 2014 ("Effective Date") and shall continue for 20 years after the Operations Date, defined below (the "Initial Term"), but not to exceed a total Term of 30 years, gutless sooner terminated in accordance with the provisions hereof. Tenant shall take exclusive possession of the Leased Premises on the Effective Date. Provided that Tenant is not then in default under this Lease Agreement past any applicable notice andlor cure periods, Tenant shall have the right to renew the Initial Term of this Lease for two (2) successive 1 71266594.8 710 41398.2 00S Exhibit H - 8 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 SDSU Agreement 40096313 period of five (5) years each (a "Renewal Term"), by notifying Landlord of its exercise of the renewal at least sixty (60) days prior to the end of the Initial Term. The Initial Tear and Renewal Terra, if exercised, stay be referred to collectively herein as the "Term". The Renewal Term shall be on the terms and conditions of this Lease. 2. Use of Leased Property by Tenant, 2,1 Permitted Uses. This Lease is for solar energy collection and conversion, for transmission of electric power and for related research acid incidental purposes and activities (collectively, "Operations"), including, only on the Leased Property: (a) conducting studies of solar radiation, solar energy, sails, and other meteorological and geotechnical data, (b) constructing, reconstructing, erecting, installing, improving„ replacing, relocating and removing from time to time, and maintaining, using, monitoring and operating, existing, additional or new (i) individual units or arrays of solar energy collection cells, panels, mirrors, lenses and related facilities necessary to harness sunlight for photovoltaic systems installed in connection with the foregoing solar energy facilities, existing and/or future technologies used or useful in connection with the generation of electricity from sunlight, and associated support structure, braces, wiring, and related equipment ("Solar Energy Facilities"), (ii) electrical transmission and distribution facilities, including, overhead and underground transmission, distribution or collector lines, circuit breakers, meters, conduit, footings, towers, poles, crossarrns, guy lines, anchors, cabling and wires, (iii) overhead and underground control, communications and radio relay systems, (iv) substations, interconnection and/or switching facilities and electric transformers and transformer pads, (v) energy storage facilities, (vi) meteorological towers and solar energy measurement equipment, (vii) control buildings, control boxes and computer monitoring hardware, (viii) utility installation, (ix) safety protection facilities, (x) maintenance yards, (xi) roads and erosion control facilities, including a bridge over the existing head ditch (xii) signs and fences, and (xiii) other improvements, fixtures, facilities, machinery and equipment associated or connected with the generation, conversion, storage, switching, metering, step-up, step-down, transmission, distribution, conducting, wheeling, sale or other use or conveyance of electricity (all of the foregoing, including the Solar Energy Facilities, collectively a "Solar Energy System" or "Improvements"); (c) removing, trimming, pruning, topping or otherwise controlling the growth of any tee, shrub, plant or ether vegetation; dismantling, demolishing, and removing any improvement, structure, embankment, impediment, berm, wall, fence or other abject ("Clearing"), on or that intrudes (or upon maturity could intrude) into the Leased Property, or that is located on Landlord's Other Property adjacent to the Leased Property, that could obstruct, interfere with or impair the Solar Energy System or the use of the Property intended by Tenant hereunder„ and excavating, grading, leveling and otherwise modifying the land, provided that any Clearing proposed by Tenant shall be fust approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; and (d) restoring habitat and maintaining restored areas,. 2 7125$544..8 71604848.:2 Cf143138-04065 Exhibit H - 9 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 SDSU Agreement 40096313 (e) undertaking any other lawful activities, whether accomplished by Tenant or a third party authorized by Tenant, that Tenant determines are necessary, helpful, appropriate or convenient in connection with, incidental to or to accomplish any of the foregoing purposes. Tenant shall not make any use of the Leased Property other than that described in this Lease without first obtaining Landlord's consent, which consent shall not be unreasonably withheld. (f) Landlord will provide access and the necessary easements across Landlord's Other Property, in accordance with California State University standard easement forms, to allow Tenant and HD to build and locate any facilities or distribution lines necessary to connect the Solar Energy Facilities to IID's electric transmission system, and to provide such ingress and egress to the Leased Property as may be required by Tenant and III) pursuant to the terms of this agreement. (g) As state property, all earthmoving, construction, installations, and major modifications on the Leased Property must be pre -.approved by SDSU Facilities Planning, Design, and Construction Department and issued the proper permit from the same department or its designee for the work to be done, such approval and issuance of the related permit not to be unreasonably withheld, conditioned or delayed. (h) Tile lines in the Leased Property will either be completely avoided by construction and repaired if damaged in any way by Tenant or Tenant's activities, or Tenant will plug the tile line system on the Leased Property in a manner which keeps the tile lines in Landlord's Other Property completely functional. 2.2 Additional 'Uses, The Parties acknowledge and agree: (a) that solar energy technologies are improving at a rapid rate and that it is probable that Tenant may (although Tenant shall not be required to) replace from time to time existing Solar Energy Facilities on the Leased Property with newer model or design Solar Energy Facilities which are, in Tenant's sole opinion, superior to the facilities or equipment replaced; such changes will adhere completely to the provisions of this Lease, including requirements to submit to permitting for major modifications in 2,1.(O. (b) this Kase includes the right of ingress to and egress from the Solar Energy System over, under, and along the Leased Property and, by easements granted hereby, over, under, and along Landlord's Other Property, by means of any existing roads and lanes thereon, and, subject to written consent from Landlord, which consent will not be unreasonably withheld, by such other route or routes as Tenant may construct on the Leased Property from time to time, for the benefit of and for purposes incidental to Operations on the Leased Property and to Improvements that are developed, installed, constructed and/or operated on the Leased Property, and on other property to be acquired by leasehold or by fee purchase, by or on behalf of Tenant, as a single integrated Solar Energy System to generate and deliver electrical power to purchasers of such power ("Project"), and for the benefit of and for purposes incidental to Operations, activities and projects on lands other than the Leased Property. 3 31268544.8 33644898.2 0477138-0OOO5 Exhibit H - 10 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 SDSU Agreement 40096313 (c) this Lease includes the right to conduct any and all Operations on the Leased Property for the benefit of and for purposes incidental to Operations, activities and projects on lands other than the Leased Property, including the right to (i) install and maintain on the Leased Property and, subject to written consent from Landlord, which consent will not be. unreasonably withheld, by easements granted hereby, Landlord's Other Property, transmission lines, both overhead and underground, which carry electricity to and/or from lands other than the Leased Property, and (ii) install and maintain on the Leased Property or, by easements granted hereby, Landlord's Other Property, communication lines and facilities, both overhead and underground, which carry communications to and/or from lands other than the Leased Property. (d) Tenant shall have the right to use. the Leased Property for educational purposes, including tours and lectures concerning the generation of electricity at the Project. (e) Tenant shall cause to be constructed the following improvements, including the funding of all labor, materials, equipment, and supervision necessary: 2.4 Exclusive Use. Tenant shall have the sole and exclusive right to collect and convert all of the solar resources of, and to conduct Operations on, the Leased Property. Landlord shall not grant any rights in the Leased Property purporting to permit others to conduct Operations on the Leased Property in derogation of Tenant's sole and exclusive rights on the Leased Property. Without the prior written consent of Tenant, which shall not be unreasonable withheld, Landlord shall not (i) waive any obligation of, including without limitation any environmental regulation, land use ordinance or zoning regulation, with respect to .setback requirements, noise limitations or other restrictions and conditions respecting the placement of Solar Energy Facilities and other equipment ancillary to Solar Energy System operations on parcels adjacent to or in the vicinity of the Leased Property, or (ii) grant, confirm, acknowledge, recognise or acquiesce in any right claimed by any other person to conduct Operations on the Leased Property in derogation of Tenant's rights on the Leased Property, and Landlord agrees to give Tenant notice of any such claims and to cooperate with Tenant in resisting and disputing such claims_ 2.5 Commencement Date/Operations Date/License. Tenant intends to instal! Solar Power Facilities on the Leased Property consisting of such facilities, equipment and related improvements determined by Tenant, subject to Landlord permitting as provided for in Section 2.1(f). Subject to Landlord permitting as provided for in Section 2.1(f), the precise location on the Leased Property and timing of such installation shall be also determined by Tenant. The date of commencement cif Project construction by grading of any part of the Leased Property shall be referred to herein as the "Commencement Date." The date that electricity generated by Tenant's Solar Power Facilities on the Lease.d Property is first delivered to a third party power purchaser in return for payment pursuant to the Solar Power Facilities' entry into commercial operations„ shall be referred to herein as the "Operations Date." For the avoidance of doubt the parties acknowledge that the sale of test energy will occur prior to the commencement of commercial operations. The period of time during which Operations on the Leased Properry generates electricity that is sold to athird party purchaser $hail be referred to herein as the "Operations Period." Tenant is herby granted a license, to be effective from the Lease Date until the Effective Date (when Tenant shall have the right to take exclusive possession off the Leased Property), including permission to enter upon the Leased Property to conduct such studies of the land, solar resources or other aspects of the Leased Property and to prepare, maintain and alter it for commencement of construction of the -Project and to construct any road or bridge needed for the Project; 4 712,685948 716045982 0443! 38.174045 Exhibit H - 11 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 SDSU Agreement 40096313 provided that all Tenant activity on the Leased Premises under this License prior to the Effective Date shall be first approved by Landlord, in coordination with the tenant in possession of that land as of the Lease Date. 3. Permits and Governmental 42p ravels. Tenant shall be responsible for obtaining at its sole cost and expense from any governmental agency or any other person or entity any environmental impact review permit, entitlement, approval, authorizations or other rights necessary or convenient in connection with Operations or proposed Operations; and Landlord shalt promptly upon request, execute, and, if appropriate, cause to be acknowledged and recorded, any map, application, document or instrument (including any variance, encroachment agreement or setback waiver) that is reasonably requested by Tenant in connection therewith. Such documents shall be in the form, if any, required by state or local government(s). Landlord shall cooperate with Tenant as necessary to obtain any governmental approvals. Tennant shall reimburse Landlord for its reasonable out-of-pocket expenses directly incurred in connection with such cooperation. Tenant agrees to take responsibility for meeting the CEQA requirements for the Project. Consideration to Landlord, 3.1 Curriculum Contributions- In consideration for the rights granted under this Lease, Tenant shall provide to Landlord, no later than 30 days following the Operations Date, an initial research contribution of $20,000.00 (the "Initial Research Contribution"), followed by annual curriculum contributions ofS20,000,00, upon completion of the solar installation, for each one year of the Term, and during any extension thereof, payable in advance in twelve equal monthly installments (the "Annual Research Contribution," the initial Curriculum Contribution and the Annual Contribution together constituting the "Research Contributions")_ 3,2 Annual Rent. In consideration for the rights granted under this Lease, for each one year of the Term, beginning on the Operations Date, and during any extension thereof, Tenant shall pay to Landlord, in advance, the sum of Zero Dollars (SO), ("Rent"). 4. Payment of Taxes. Tenant shall pay (a) any personal property taxes on the Solar Energy System and/or any such taxes that may be directly levied en solar energy conversion equipment installed by Tenant, and (b) pay all real property taxes and assessments levied against the Leased Property. 5. Encumbrances. Landlord and Tenant shall keep the other's interest in the Property free and clear of all liens or encumbrances (which may include any stop payment notice affecting the Property) whether for labor and services performed on, materials, supplies or equipment furnished in connection with Landlord's or Tenant's (as applicable) use of the Property, subject to Landlord's and Tenant's (as applicable) right to contest such claims. If such lien or encumbrance is not removed within sixty (60) days after it receives notice thereof, the responsible Party (Landlord or Tenant) shall provide a bond or other security as the other Party may reasonably request, or remove any such lien or encumbrance from the Property pursuant to applicable law. 6. Maintenance of Leased Property; Liability Waiver. 6,1 Maintenance. Throughout the Term of this Lease, Tenant shall, at Tenant's sole cost and expense, (a) maintain the Improvements and all areas of the Leased Property used by Tenant in Tenant's Operations in accordance with all applicable laws, rules, ordinances, orders, and regulations of 5 71266994.E 716o465ti oseo!3&(16006 Exhibit H - 12 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 SDSU Agreement 40096313 all governmental agencies; and (b) maintain the Leased Property (including the restored habitat) in a functional condition (including ]seeping out any invasive growth) and upon completion shall remove all rubbish (including weeds and unlandscaped growth not associated with the habitat), tools, equipment and surplus materials, leaving the Leased Property in a restored habitat condition. Tenant will maintain all improvements now, or hereafter located, on the Premises throughout the Term of this Lease, Tenant shall repair and restore to its original condition, including certification of its environmental cleanliness, any of the Leased Property, which may be damaged or destroyed in connection with the exercise by Tenant or its agents, employees or contractors of the rights granted by this Lease. 6.2 Failure to Comply_ If Tenant fails to comply with any obligation of Tenant under this Section 7 after Landlord has given Tenant at least thirty (30) days prior written notice of such failure (except in event of emergency need for innnediate action), Landlord shall have the right, but not the obligation, to take such measures to correct the noticed failure as Landlord deems necessary, in its reasonable discretion, and charge the reasonable cost and expense thereof to Tenant. 6.3 Electrical Interference. Landlord and Tenant shall cooperate and use their best efforts to rninimi'e any interference or disruption of the other Party's research and communications operations caused by its own operations. The Parties agree to cooperate and participate in tests or other procedures as either Party nay deem reasonably necessary to enable it to determine whether or not any unreasonable electronic interference is occurring. Notwithstanding the foregoing, the Party claiming unreasonable interference shall provide the other Party with written technical information and data describing the affected facilities or equipment. In the event the Parties are unable to resolve such interference problem, the interfering Party shall retain, at its sole cost and expense, a qualified professional electrical engineer to designate a reasonable remedy. If either Party's research or communications operations are unreasonably interfered with or disrupted due to any act or omission by the other Party, such interfering Party shall commence to cure such interference or disruption within ten (10) business days after receiving written notice of such interference from the other Party, and complete such cure as soon as reasonably possible. In the event Landlord shall grant a license to any other party or person, other than Landlord or its employees, to install or operate communications equipment on or immediately adjacent to the Leased Property, Landlord shall include the noninterference provisions contained in this Lease in any license or lease to third parties and Landlord agrees to enforce the noninterference provisions in the license or lease of such third party. Landlord will not permit the use of any portion of its land adjacent to the Leased Property in a way which (a) results in interference with Tenant's then existing Operations; (b) encroaches onto the Leased Property; or (c) interferes with Tenant's transmissions. Landlord will have the responsibility to promptly terminate said interference or encroachment upon written notice from Tenant. 7. Security; Landlord's Access. All security measures reasonably necessary to protect against damage or destruction of Tenant's Solar Energy Facilities and other Improvements, or injury or damage to persons or property on the Leased Property, may be provided by Tenant on the Leased Property or Landlord's Other Property including, ifreasonably necessary, warning signs, closed and locked gates, and other measures appropriate and reasonable. Landlord may obtain access to any part of the Leased Property that is within Tenant's secured areas for the purpose of inspection of activities thereon up to twice per calendar year upon 48 hours written notice to Tenant, and at any time whenever there is probable came due to emergency or immediate danger to person or property, provided that such access shall not unreasonably interfere with Tenant's Project(s) or Operations. 6 71268594.6 7164489&.2 0043 i 38 -01X15 Exhibit H - 13 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 SDSU Agreement 40096313 8. Tenant's Aceesa. Tenant shall at all times during the term of thus Lease have access to the Leased Property, Landlord's Other Property and to Tenant's Improvements for all purposes specified in this Lease. Tenant shall conduct its operations at all times while on the Site in such a manner as to cause no unreasonable interference with the normal operations and activities of Landlord„ its guests and licensees. 9, Insurance. At all times during which Tenant is conducting activities on the Property, and at all tinges during the Term of this Lease, Tenant shall, at all own cost and expense, obtain and maintain in effect the following minimum insurance coverage: 9,1 Prior to Commencement Date: • General Liability: comprehensive or commercial form minimurn limits coverage in the minimum amount of $1,000,000 combined single Limit bodily injuiy and property damage each occurrence and $2,000,0O0 aggregate, including premises/operations, personal injury, broad form property damage, products/completed operations, contractual liability, independent contractors and $100,000 fire legal liability. A Waiver of subrogation is required. • Sudden and Accidental Pollution coverage with minimum limits of $1,000,000 per occurrence. • Commercial Automobile Liability. coverage is required in the minimum amount of $1,000,000 combined single limit bodily injury and property damage, including owned, non -owned and hired automobiles. • Workers' Compensation: as required under California law. 9.2 On and After the Commencement Date: • General Liability: Comprehensive or commercial form minimum limits coverage in the minimum amount of $1,000,000 combined single Limit bodily injury and property damage each occurrence and $2,000,000 aggregate, including premises/operations, personal injury, broad form property damage, products/completed operations, contractual liability, independent contractors, sudden and accidental pollution and $100,000 fire legal liability. A Waiver of subrogation is required. ▪ Excess Liability: $15,000,000 that will sit excess of underlying commercial general liability, commercial automobile liability, and employer's liability insurance required herein. • Commercial Automobile Liability: coverage is requited in the minimum amount of$1,000,000 combined single limit bodily injury and property damage, including owned, non -owned and hired automobiles. • Workers' Compensation: as required under California law. Insurers shall be licensed by the State of California to transact insurance and shall hold a current A.M. Best's rating of no less than A -VII; current proof of this rating must be provided with the certificate of insurance and endorsement.. 9.3 The cerlificate of insurance shall provide: (a) That Landlord shall receive notice of cancellation in accordance with the policy provisions; 7 71766594.1t 715004698.2 0043]36-00005 Exhibit H - 14 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 SDSU Agreement 40096313 (b) That the State of California, the Trustees of the California State University, the University, and the employees, officers, and agents of each of them, are included as additional insureds, but only insofar as the operations under this contract are coccemed; (c) That the State, the Trustees, and the University, and the employees, officers, and agents of each of them will not be responsible for any premiums or assessments on the policy (d) Acceptability of Insurers rating, AM Best— A- VII or equivalent. 9A Tenant agrees that the bodily injury liability insurance herein provided shall be in effect at all times during the term of this lease. In the event said insurance coverage expires at any time or times during the term of this lease, Tenant agrees to provide prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided herein for not less than the remainder of the term of the lease, or for a period of not less than one (1) year. New certificates of insurance are subject to the approval of the University, and the tenant agrees that no work or services shall be performed prior to the giving of such approval. In the event tenant fails to keep in effect at all times insurance coverage as herein provided, the University may in addition to any other remedies it may have, terminate this lease subject to the provisions of Section 14. 10. Indemnity. 1p,t Indemnity by Tenant, Tenant shall defend, indemnify and hold Landlord, the California State University Trustees, Chancellor, the State of California, and the University, their officers, agents and employees of each of them harmless from and against all liability and claims of liability, for damage to property, or death of or injury to persons, resulting from the negligent or intentional activities of Tenant, its agents, contractors, employees, guests, invitees, licensees and permittees (collectively, "Tenant's Agents") on or about the Leased Property, except to the extent that such liability or loss is due to the negligent or intentional activities of Landlord or its agents, employees, contractors, guests, invitees, licensees and permittees (collectively, "Landlord's Agents"). 10.2 Indemnity by Landlord. Landlord shall defend, indemnify and hold Tenant harmless from and against all liability and claims of liability, for damage to property, or death of or injury to persons, resulting from the activities of Landlord and Landlord's agents, contractors, employees, guests, invitees, licensees and permittees on or about the Leased Property or arising out of the condition of the Leased Property as of the Commencement Date; except to the extent that such liability or loss is due to any negligent or intentional acts of Tenant or Tenant's Agents. 103 Hazardous Materials. (a) Landlord shall riot violate, and shall indemnify Tenant for, from and against any claims, costs, damages, fees or penalties arising fborn a violation (past, present or future) by Landlord or Landlord's Agents of, any federal, state or local law, ordinance, order, or regulation relating to the generation, manufacture, production, use, storage, release or threatened release, discharge, disposal, transportation or presence of any substance, material or waste which is now or hereafter classified as hazardous or toxic, or which is regulated under current or future federal, state or local lass or regulations, on or under the Leased Property. 8 7I266594.8 716048 982 8643138-0CNlOi Exhibit H - 15 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 SDSU Agreement 40096313 (b) Tenant shall not violate, and shall indemnify Landlord against, any claims, costs, damages, fees or penalties arising from a violation by Tenant or Tenant's Agents of any federal, state or local law, ordinance, order, or regulation relating to the generation, manufacture, production, use, storage, release or threatened release, discharge, disposal, transportation or presence of any substance, material or waste which is now or hereafter classified as hazardous or toxic, or which is regulated under current or future 'federal, state or local laws or regulations, on or under the Leased Property, except for any such violation which is imposed by reason of the existence on or under the Leased Property of hazardous substances on the date of this Lease, and except for pre-exisiting violations that are covered by Landlord's indemnity under Section 11.3(a) (c) Any abatement required due to Tenant's construction shall be the Tenants's sole responsibility. 11. Assignment. 1 l.1 Assignment b* Tenant. Subject to Section 18, below, Tenant shall not assign to any third party all or any part of this Lease, nor any interest herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, except that Tenant may assign this Lease without the consent of Landlord to any Affiliate (as defined below) of Tenant or to any partnership in which Tenant, or any Affiliate of Tenant, participates, or to any successor -in - interest or entity acquiring fifty-one percent (51%) or more of Tenant's or its Affiliate's stock Or assets. "Affiliate" for this purpose shall be defined as including any parent, subsidiary or other affiliated entity of Tenant. 11.2 Easements and Other Grants by Tenant. Tenant shall have the right to grant easements or licenses which Tenant deems necessary to Tenant's use of the Leased Property under this Lease in all, or one or more portions, of the Leased Property at any time, and from time to time, during the Term, subject to Landlord's approval which will not be unreasonably withheld, conditioned or delayed. No easement or license granted pursuant to this Section 12.2 shall relieve Tenant of any of its obligations under this Lease, 12. Termination. 12.1 Termination by Tenant. Subject to Section 15, below, but notwithstanding any other provisions of this Lease, Tenant shall have the right, at any time on three (3) months notice to Landlord, to terrnivate this Lease as to the Leased Property, or any part thereof, and surrender to Landlord all of Tenant's right, title and interest in and to the Leased Property, or the part for which the Lease is terminated, by delivering to Landlord a written notice of termination. 12.2 Termination by Landlord. Beginning on the date which is five (5) years after the Commencement Date, Landlord shall have the right to terminate this Lease upon three (3) months advance written notice to Tenant in the event Tenant has then (i) removed its Improvements from the Leased Property and (ii) failed to replace the Improvements within sixty (60) days following such removal. 9 71268594.9 716048991 0043135-00005 Exhibit H - 16 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 SDSU Agreement 40096313 13. Default. In the event ()lazy alleged default or failure to perform any obligation under this Lease, the nondefaulting Party shall give the alleged defaulting Party written notice thereof, which notice shall include the acts required to cure the same with reasonable specificity. The Party given notice of failure to make any monetary payment when due shall have a period of thirty (30) days after such notice is given within which to cure such default. In the event of any other failure, the defaulting Party shall have a period of thirty (30) days within which to cure such default, which period shall be extended to the extent reasonably necessary to complete such cure so long as the cure was commenced within thirty (30) days after such notice is given and thereafter prosecuted with due diligence. Delinquent payments shall bear interest from their respective due dates until paid at the rate of the lesser of (t) of six percent (6%) per annum, or (ii) the maximum rate permitted by law. Any prohibited conduct under this Lease may be enjoined and this Lease shall be specifically enforceable, but neither Party's remedies shall include the right to terminate this Lease or evict the other Patty from the Leased Property. 14. Surrender and Restoration. 14.1 Surrender. Upon any termination, surrender, or expiration of this Lease, Tenant shall peaceably deliver up to Landlord possession of the Leased Property or any part thereof, and other rights granted by this Lease, and shall execute, at Landlord's request, any and all documents needed to record or evidence such termination with the appropriate governmental agency of the state where the Leased Property is located ('State). 14.2 Restoration. Upon any terrain tion, surrender, or expiration of this Lease, and within six (6) months thereafter, Tenant shall restore the Leased Property by removing structures and Improvements to the extent reasonably practicable to a depth of three (3) feet below the surfaoe of the Leased Property. The six month deadline can be extended with reasonable cause by Tenant requesting an extension from the Landlord in writing 15 days in advance of the deadline. In addition, Tenant shall restore the surface of the Leased Property as is reasonably practicable to its original condition as the same existed at the inception of this Lease and shall repair any damage, to the extent reasonably practicable, to the Leased Property as a result of any removal of Tenant's Improvements under this Section. Notwithstanding any of the foregoing, in no event ehal l Tenant have the obligation to modify the grade of the Leased Property as established by Tenant for its uses or to restore any vegetation. Tenant shall repair and restore to its original condition, including certification of its environmental cleanliness, any of the Leased Property, including (but not necessarily limited to) field infrastructure (ditches, tile lines, borders), roads, buildings and fences, which may be damaged or destroyed in connection with the exercise by Tenant or its agents, employees or contractors of the rights granted by this Lease. 143 Insurance Proceeds. After the occurrence of any casualty event to the Leased Property or any part thereof, Tenant shall give prompt written notice thereof to Landlord. In the event of any damage to or destruction of the Improvements, all insurance proceeds resulting from insurance coverage obtained by or on behalf of Tesiant shall be paid to Tenant. 15. Condemnation. 15.1 Complete Taking, Lf,, at any time, any authority having the power of eminent domain shall condemn all or substantially all of the Leased Property, or the Improvements thereon, for any 10 71M8S4d 8 71604898.2 0G13138-01:005 Exhibit H - 17 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 SDSU Agreement 40096313 public use or otherwise, then the interests and obligations of Tenant under this Lease in or affecting the Leased Property shall cease and terminate upon the earlier of (i) the date that the condemning authority takes physical possession of the Leased Property or the Project thereon, (ii) the date that Tenant is, in its sole judgment,no longer able or permitted to operate the Project on the Leased Property in a commercially viable manner, or (iii) the date of the condemnation judgment, at which time this Lease shall terminate and Landlord and Tenant shall be relieved of any and all further obligations and conditions to each other under this Lease, with the exception of the provisions of Section 15.2, 15.3 and 16.3. 15.E Partial Taking. If, at any time during the term of this Lease, any authority having the power of eminent domain shall condemn any portion of the Improvements or of the Leased Property, then the interest and obligations of Tenant under this Lease as to those Improvements or the Leased Property so taken shall cease and terminate upon the earlier of (i) the date that the condemning authority takes physical possession of such improvements or the Leased Property, (ii) the date that Tenant is, in its sole judgment, no longer able or permitted to operate the Project on the Leased Property, or any portion thereof, in a commercially viable manner, or (iii) the date of the condemnation judgment, and, unless this Lease is terminated as hereinafter provided, this Lease shall continue in full force and effect as to the remainder of the Improvements and the Leased Property. If the remainder of the Improvements or the Leased Property is or becomes insufficient or unsuitable for Tenant's purposes hereunder, in Tenant's sole discretion, then Tenant shall have the right to terminate this Lease as to all or any the portion of the remaining Leased Property to which Tenant continues to hold the rights, at which time this Lease shall terminate and Landlord and Tenant shall be relieved of any further obligations and duties to each other under this Lease, with the exception of the provisions of Section 15/, 15.3 and 16.3. 15.3 Condemnation Award. In the event of a complete or partial taking of the Leased Property or the Improvements, Tenant shall be entitled to receive all compensation and damages paid by the condemning authority arising from such taking and payable on account of Tenants' improvements, loss of revenue, relocation costs or inability to relocate or value of its leasehold Fast due to such taking, and Landlord shall receive all other compensation paid lay the condemning authority for the Leased Property. 16. Certain Protective Covenants. 16.1 Interference. Landlord reserves the right to develop the areas surrounding the Leased Property, provided however that Landlord covenants and agrees that neither it, nor Landlord's Agents, will (i) materially interfere with or prohibit the free and complete use and enjoyment by Tenant of its rights granted by this Lease; (ii) take any action or permit any condition to exist on the Leased Property or Landlord's Other Property which will materially interfere with the availability or accessibility of sunlight on or to the Leased Property; (iii) take any action which will in any way materially interfere with the transmission of electric, electromagnetic or other fortes of energy to or from the Leased Property; or (iv) take any action which will materially impair Tenant's access to the Leased Property or Landlord's Other Property for the purposes specified in this Lease, materially obstruct access to sunlight on, over oracross the Leased Property or materially impair Tenant's access to any or all of the Improvements, where "materially" shall mean, among other things, any act or acts cumulatively that would violate Section 2.4 or that could impair the generation and transmission of electrical energy from any Project or Projects constructed on the Leased Property by an amount greater than one tenth of a 11 71268594.8 71644891.2 9643135-09065 Exhibit H - 18 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 SDSU Agreement 40096313 percent (.10%) of the maximum generating capacity of such Project or Projects, or that would create or allow the creation of an obstruction of sunlight to the Leased Property, or to any portion thereof. (a) Landlord's Reservations. The Parties agree the Landlord shall: (0 Reserve the right to develop on the areas surrounding the Solar Energy Facilities provided such development does not adversely impact the operation of the Solar Energy Facilities, (ii) Reserve the right to utilize or authorize others to utilize the access roads on Landlord's Other Property leading to the Solar Energy Facilities for access to the areas surrounding the Solar Energy Facilities. (iii) Not permit the use of any portion of its land adjacent to the Leased Property in a way which (A) results in interference or solar impediment with Tenant's Operations, (1E) encroaches onto the Leased Properly; or (C) physically interferes with Tenant's transmissions. Landlord will have the responsibility to promptly terminate said interference or encroachment upon receipt of written notice from Tenant. 162 No Off -Site Sunlit rt Easement. Notwithstanding the foregoing, Landlord shall have no obligation under this Lease to provide, obtain or maintain any easement for sunlight on, over or above any real property not owned or controlled by Landlord. i 6.3 Quiet Enloymcnt. Landlord covenants and agrees with Tenant that, upon Tenant paying the Rent and Research Contributions and observing and performing all the terms, covenants and conditions on Tenant's part to be observed and performed, Tenant shall peacefully and quietly enjoy the Leased Property at times during the Term. Tenant shall conduct its operations at all times while on the Leased Property in such a manner as to cause no unreasonable interference with the normal operations and activities of landlord, its guests and licensees, 16.4 Warranty of Title to Lands. Landlord hereby warrants with respect to the Leased Property that (a) .Landlord has good and marketable fee simple title to the Leased Property, (b) Landlord, previous to the time of execution of this Lease, has not leased or licensed use of the Leased Property, or any part thereof, under any lease or other instrument that is currently effective, (c) the leasehold estate created hereby with respect to the Leased Property is free from encumbrances done, made, or suffered by Landlord, or any person claiming under Landlord, except for such encumbrances that are of record. Tenant may obtain a current preliminary title report for the Property at its expense showing all liens and other exceptions to title to the Property. Any mortgage, lien, encumbrance or deed of trust placed by Landlord on the fee title to the Leased Property shall be subordinate to this Lease (and any replacement to or amendment of this Lease or any new leases entered into by Leasehold Mortgagee and Landlord), any mortgage or deed of trust encumbering the leasehold estate in favor of Leasehold Mortgagee, and all subleases, whenever arising. The subordination shall be automatic and shall not require any other instrument to effectuate such subordination. However, Landlord shall obligate the holder of any such fee mortgage, encumbrance, or deed of trust to execute and acicnowledge any documentation reasonably requested by Tenant or any Leasehold Mortgagee to confirm such subordination. Landlord shall cooperate with Tenant to obtain a nondisturbance andlor subordination agreement from each holder of a lien or encumbrance (recorded or unrecorded) that could affect 12 71268594.8 71641895.2 C113421314t5 Exhibit H - 19 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 SDSU Agreement 40096313 Tenant's use under this Lease which provides that the lien or encumbrance holder shall not disturb Tenant's possession or rights under this Lease, terminate this Lease or restrict Tenant's use under this Lease, so long as Landlord is not entitled to terminate this Lease under its terms. 16.5 Observance of Laws and Covenants. Tenant shall use the Leased Property under this Lease only for the purposes stated herein and shall conduct all of its operations on the Leased Property in a lawful manner after obtaining all necessary permits and government approvals. Tenant will carry out its responsibilities and exercise any rights which it possesses under this Lease in a manner which is consistent with all applicable laws, rules, ordinances, orders and regulations of governmental agencies. 17. Mortnaje. 17.1 Consent. Tenant may from time to time, without the prior consent of Landlord, encumber Tenant's interest in this Lease by mortgage, deed of trust or other real or personal property security instrument ("Mortgage"), provided that any Mortgage and all rights acquired under it shall be subject to each and all of the covenants, conditions and restrictions stated in this Lease and to all rights and interests of Landlord and further provided, that Tenant shall promptly upon the execution of any Mortgage deliver a true copy thereof to Landlord. Nothing contained in such Mortgages shall release or be deemed to relieve Tenant from full and faithful observance and performance of the terms, covenants and conditions herein contained to be observed and perfumed by Tenant or from any liability for the non -observance or non-performance of any of the terms and conditions hereof, nor be deemed to constitute a waiver of any rights of Landlord hereunder, except as expressly provided for herein. 172 Statement by Landlord. At the request of Tenant or a Mortgagee, Landlord shall (a) execute, acknowledge and deliver to such Tenant or Mortgagee, a written statement declaring: (i) either that the Lease is unmodified and in full force and effect, or the manner in which the Lease had been modified and whether the Lease as so modified is in full force and effect; (ii) the dates to which Tenant's monetary obligations hereunder have been paid in advance; (iii) whether Tenant is or is not then in default hereunder; and (iv) whether any past defaults have been fully cured, and (b) enter into an estoppel and consent agreement recognizing the rights of the Mortgagees as may be reasonably requested by Mortgagees. 17.E Protection of Mortgagee. Any Mortgagee of any interest of Tenant hereunder shall for so long as its Mortgage is in existence and until the lien thereof has been extinguished he entitled to the following protection: 17.4 No Amendment, Landlord shall not agree to any material amendment, mutual termination or modification or accept any surrender of this Lease, nor shall any such amendment, termination, modification or surrender be effective, without the written consent of the Mortgagee, which consent shall not be unreasonably withheld or delayed. 17.5 Notice of Default. Notwithstanding any default by Tenant under this Lease, Landlord shall have no right to terminate this Lease utxless and until Landlord shall first have given Mortgagee(s) a second written notice of Tenant's default and failure to cure same within the perind(s) specified in Section 14 and thereafter afforded Iviortgagee(s) an opportunity to cure such default within the period(s) specified in Section 14 and Mortgagee(s) shall have failed to effect the care of such default within the period(s) specified in Section 14, 13 7126H94.5 71046982 0043138.00005 Exhibit H - 20 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 SDSUJ Agreement 40096313 17.6 Rleht to Perforin, Mortgagee shall have the right at any time to perform or cause to be performed any obligation of Tenant at or within the time such payment or performance is required under this Lease. Nothing in this Lease shall be construed to obligate Mortgagee to cure any default of Tenant. 17.7 Right to Cure, Mortgagee shall be entitled to remedy any default under this Lease in the manner and on the same terms as granted to Tenant in Section 14 of this Lease. 17.8 Foreclosure. IfTenant's First Mortgagee (meaning the Mortgagee that recorded first in time) becomes the assignee of this Lease by means of foreclosure or Transfer in lieu thereof, such First Mortgagee shall be personally liable under this Lease only for the period First Mortgagee remains a Tenant hereunder, provided that any subsequent assignee or Tenant shall assume and agree to be bound by all the terms and conditions of this Lease, 17.9 Termination of Lease. If this Lease shall terminate prior to the expiration of the Terni for any reason, including without limitation by operation of law or because of a failure to cure a default pursuant to Section 14, Mortgagee and Landlord shall assume the terms and conditions in this Lease and shall execute the necessary documents to memoraliae that assumption. Such documents shall be in recordable form executed by Landlord and the Mortgagee which holds the most senior lien against Tenant's leasehold estate and which demands such documents within Thirty (30) days following receipt of Landlord's notice. Such documents shall contain the same terms and provisions as this Lease. Landlord's obligation to execute such documents as provided herein is conditioned upon the cure of any and all defaults under this Lease other than defaults, if any, that are unique to the defaulting Tenant which cannot be cured by the payment of money or the acts of the curing Mortgagee. 17.10 ,Assignment Following Foreclosure or Termination. In the event (i) that any Mortgagee acquires the Tenant's leasehold estate hereunder following judicial foreclosure of; or exercise of the power of sale contained in, any Mortgage er by a Transfer in Lieu thereof; or (ii) any Mortgagee enters into a new lease, such Mortgagee eha11 have the right to assign er transfer this Lease or any such new lease, one time only, to any person or entity without Landlord's prior consent. The liability of such Mortgagee under this Lease or any such new lease shall cease upon the assignment, provided that the assignee agrees to perform each and every obligation of the Tenant under this Lease or such new lease and that there is no default under this Lease or any such new lease. The right of such Mortgagee to assign this Lease or any such new lease as provided herein is conditioned upon the cure of any and all defaults under this Lease as of the time of such assigtunent. 17.11 No Mercer. In the event Tenant acquires fee ownership of the Leased Property, or in the event of Tenant's voluntary surrender of the leasehold estate, there shall be no merger of the leasehold estate created by this Lease with the fee without the prior written consent of all Mortgagees. 17.12 Easements Not Terminable. Any easement or license entered into by Tenant pursuant to Section 12.2 hereof shall not be terminable by Landlord because of a breach of this Lease unless all Mortgagees shall have received notice of such breach and have failed to cure such breach pursuant to this Section 18 and Section 14. 17.13 Further Amendments. Landlord and Tenant shall cooperate in including in this Lease by suitable amendment from time to time any provision which may reasonably be requested by a 14 71268594.8 716048°18.2 01143138-0005 Exhibit H - 21 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 SDSU Agreement 40096313 proposed Mortgagee; provided, however, that such amendment does not impair any of Landlord's rights under this Lease or increase the burdens or obligations of Landlord hereunder. 17.14 Mortgagee Information. Tenant shall provide Landlord official notice of Mortgage and keep Landlord current on all eontact information for the Mortgagee. 18. Notice. 18.1 Writing. All notices given or permitted to be given hereunder shall be in writing; provided, however, that no writing other than the check or other instrument representing the Rent payment itself or Curriculum Payments need accompany the payment of Rent or Curriculum Payments. 18.2 Delivery. Notice is considered given either (a) when delivered in person to the recipient named below, or (b) three (3) business days after deposit in the United States mail -in a sealed envelope or container, postage and postal charges prepaid, addressed by name and addressed to the Party or person intended as follows: To the University: 71268594.8 71644898.2 0343176-00045 San Diego State University Business & Financial Affairs 5500 Campanile Drive San Diego CA 92182-1620 Attention: Robert Schulz AVP, Real Estate Planning & Development Telephone: (619) 594-7986 Facsimile: (619) 594-7764 and: Tom Roberts Director, Contract Services and Procurement The California State University Office of the Chancellor 401 Golden Shore Long Beach, CA 90802 Telephone: (562) 9514583 Facsimile: (562) 951-4969 with a copy to: Matt Rahn Research Director 5500 Campanile Drive Mail Code 1010 San. Diego, CA 92182 619-846-1916 15 Exhibit H - 22 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Notice to Tenant: With a copy to: SDSi1 Agreement 40096313 SMEER Research 1, LLC 4455 Blackberry Lane Loomis, CA 95660 Text: 916-826-7030 Paul Cralindo p.galindn` gn- reericonsultants.e.ont Go Green Consultants, LLC 10013 Winkle Circle E1k Grove, CA 95757 Fax No.: 916-896-0656 Cruz M. Bustamante cruzmb@me.com 18.3 Change of Recipient or Address. Either Party may, by notice given at any time or from time to time, require subsequent notices to be given to another individual person, whether a Party or an officer or representative, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 19, Expenses of Enforcement. if any Party hereto brings any action or proceeding to interpret or enforce any of the terms, covenants or conditions hereof, the prevailing Party in such action or proceeding shall be entitled to recover from the other Party or parties thereto reimbursement for all reasonable expenses and costs, including without limitation all attorneys' fees incurred in connection with the action or proceeding, including such fees incurred due to any appeal. 20. Further Assurances, The Parties hereto shall at all times hereafter execute any documents and do any further acts which may be necessary or desirable to carry out the purposes of this Lease and to give full force and effect to each and all of the provisions thereof. 21. Approvals and Consents Generallv. Whenever in this Lease the approval or consent of either Party is required or contemplated, unless otherwise specified, such approval or consent shall not be unreasonably withheld andlnr delayed nor shall it he conditioned upon the payment of money not otherwise due hereunder. 22, Amendments. This Lease shall not be amended or modified m any way except by an instrument signed by Landlord and Tenant and consented to by Mortgagee, if any. 23. Severability. 1f any term or provision of this Lease, or the application thereof to any person or circumstance shall, to any extent, be determined by judicial order or decision to be invalid or unenforceable, the remainder of this Lease or the application of such term or provision to persons or circumstances other than those as to which it is held to be invalid or unenforceable shall not be affected thereby. 24. Governing Law and Venue. This Lease shall be governed by the laws of the State of California. Any suit arising from its provisions shall be filed in any State or Federal Court within California having jurisdiction and which is a proper venue in the matter, 16 71268594.5 716042943_4 004313B-00005 Exhibit H - 23 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 SDSU Agreement 400963 13 25. Article and Paras. The Section headings herein are inserted only for convenience of reference and shall in no way define, limit or describe the scope or intent of a provision of this Lie. 26. Entire Aereerreent, This Lease shall constitute the entire agreement between the Parties with respect to the subject matter of this Lease and supersedes all ether prior writings and understandings. 27. Condition of Property. Landlord warrants and represents as of the Lease Date that it knows of no physical conditions of the Leased Property which would prevent or significantly restrict Tenant's development of the Leased. Property for the purposes specified in Section 2 hereof or which could, with the passage of time, or the giving of notice, constitute a violation of any governmental law, ordinance, order, rule or regulation. Tenant has made its own investigations of the physical conditions of the Leased Property including but not limited to the solar energy potential of the Leased Property and is not relying on any statements or representations of Landlord with respect thereto. 28. Effect of Termination. Any termination of this Lease pursuant to the terms hereof shall not relieve either Party from any liabilities, obligations or indemnities arising prior to the effective date of such teraLation. 29, Time of Essence. Time is of the essence regarding each provision ofthis Lease. 30. Na Waiver. No waiver by either Party of any provision of this Lease shall be deemed to be a waiver of any other provision hereof or of any subsequent breach by the other Party. 31. Counterparts. This Lease may be executed in counterparts, which together shall constitute an single instrument. 32. Force Majeure. Tenant is not liable for failure to perform the patty's obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service. if Tenant asserts Force lvfajeare as an excuse for failure to perform the party's obligation, then the Tenant must prove that they took reasonable steps to minimize delay or damages caused by foreseeable events, that the tenant substantially fulfilled all non -excused obligations, and that the Landlord was timely notified of the likelihood or actual occurrence of an event described in this section. 33. Ownership of Improvements, The Improvements shall not be deemed to be permanent fixtures (event if permanently affixed to the Leased Property) and shall be and remain the sok property of Tenant. Landlord hereby waives any statutory or common law lien that it might otherwise have in or to the Improvements or any part thereof and agrees that, notwithstanding the occurrence of an event of default under the Lease beyond all applicable notice and cure periods (including those granted to Mortgagee), Mortgagee (or its designee), or Tenant, may remove the Improvements from the Leased Property within the ninety (90) day period after receipt by Mortgagee of a notice that the Lease has been terminated prior to the expiration date; provided that this deadline can be extended with reasonable cause by Tenant requesting an extension from the Landlord in writing fifteen (1 5) days in advance of the 17 7E268594.8 7160,1898.2 0043138*M5 Exhibit H - 24 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 SDSU Agreement 40096313 deadline. Tenant may remove the Improvements from the Leased Property, Ail removal of Improvements shall be subject to the Leased Property restoration provisions of Section 15.2 of this Lease. 34. No Partnership. Nothing contained in this Lease shall be deemed or construed by the Parties or by any third person to create the relationship of principal and agent, partnership, or any other association between Landlord and Tenant, other than the relationship of Landlord and Tenant, 35. BrokeraEe Commissions. Landlord and Tenant each represent that such Party has not incurred, directly or indirectly, any liability on behalf of the other Party for the payment by the other Party of any real estate brokerage commission or finder's fee in connection with this Lease. Landlord and Tenant shall indemnify, defend and hold the other Party harmless from and against any claim for any brokerage commissions or finder's fees claimed to be due and awing by reason of the indemnifying Party's activities. 36. Memorandum of Lease. On the Lease Date, the parties shall execute and deliver to Tenant a Memorandum of Lease in the form of Exhibit "3" attached hereto, which shall be recorded by Tenant in the Official Records of lrriperial County, IN WITNESS WHEREOF, the Parties have executed this Ground Lease as of the Commencement Date. LANDLORD San Diego State University Real Estate Planning and Development Trustees of the California State University Tarn Roberts, Director Contracts Services and Procurement Ig 71268594.8 7]6845992 ti643]38-00105 TENANT SMER Research 1, LLC au l Gal' do, Manager Exhibit H - 25 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 REVISED EXHIBIT 1 TO GROLTN» LEASE DESCRIPTION OF LEASED PROPERTY The UNIVERSITY shah make available the site of the University <inserl legal description to be obtained by the proposer= l;skul�it 1 7 i 24,1441 71604.2 004311I-00005 Exhibit H - 26 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 4W15.12 EXHIBIT 2 TO GROUND LEASE DESCRIPTION OF LANDLORD'S OTHER PROPERTY <hisert survey to be provided by proposer Exhibit H - 27 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 EXHIBIT 3 TO GROUND LEASE (Form of Meuttorendam of Lease) RECORDING REQUESTED BY AND WHEN RECORDED, RETURN To: San Diego State University Contract and Procurement Management 5500 Campanile Drive MC -16!6 San Diego, CA 92182-16 lb MEMORANDUM OF GROUND LEASE FOR SOLAR ENERGY SYSTEM This Memorandum of Ground Lease for Solar Energy System (Mesor udtnej is made and dated es of October 15, 2012 ("Lease Date") by and between the True of the California State University, acting by and through San Diego Stine University ("Landlord") and SNEER Research 1, a limited liability company ("Tenee1") in Tight of the following facts and circumstances: Landlord and Tenant entered in that certain Ground Lease for Solar Energy System (the ."Lease") pursuant of Education Cock Section 59046. pursuant to which Landlord has leased to Tenant certain real property of Landlord (the "Leased Property") located in Imperial County. California, as snore particularly described oe the attached Exhibit A and which Lease became effective On the Lease Date. The Lease and said Exhibit A aro hereby incorporated h rein as if fully set forth in this Memorandum, Landlord and Tenant have executed and aclatowledged this Memorandum for the purpose of providing constructive notice of the Least. Capitalized terms not otherwise defined in this Memorandum shall have the meanings provided in the Lease. 1. Lease of Property. Landlord has granted sad leased the Leaved Property to Taunt on the terns, covenants and conditions stated in the Leese. The lease created by the Lease is solely and exclusively for the development and operation of a solar energy project, and Tenant shall have the exclusive right to use the Leased Property for such purposes. together with certain other rights related to the Lysed Property as more fully graded and described in the ].ease and in Exhibit A hereto, Reference is hereby made to the Lease for a complete description of the respective rights end obligations of the parties regarding the Leased Property and the covenants, conditions, restrictions and casements affecting the Leased Property pursuant to the Lease. 2. Z"erau. The term of the Leese (the `Term") shall commence on October 21. 2014 (the "'Effective Date') and shall continue for twenty-five (25) years after the Operations Date, as defined in the LOW, but sat to exceed a total Term of thirty (30) years. unless sooner termini ted. in accordance with the provisions hereof. Exhibit H - 28 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 3. Ownership. Landlord shall have no ownership or other interest in any Improvements (as deigned in the Lease) installed oo the Leased Property. Except for the Lease, Tenant shall have no ownership or other interest in the Leased Property. 4. Assienmeot. The Lease provides, among other things, that, with Landlord's prior written consent, which may not be unreasonably withheld, conditioned or delayed, Tenant and any permitted assignee shall have the right to assign to any third party all or any part of this Lease, or any interest herein. Without Landlord's consent, Tenant may assign the Lease or any interest therein, to an Affiliate, or mortgage or encumber the Lease, or any right or interest in the Lease, or any or all right or interest of Tenant in the Leased Property or in any or all of the Improvements that Tenant or any other party may now or hereafter install on the Leased Property. 5. Successors and Aril ms. This Memorandum, the Lease and any rights granted Tenant therein, shall burden the Leased Property and shall run with the land. The Lease and this Memorandum shall inure to the benefit of and be binding upon Landlord and Tenant and, to the extent provided inany permitted assignment or other transfer under the Lease, any assignee or Mortgagee, and each of their respective heirs, transferees, successors and assigns, and all persons claiming under them. b. to Cetflic - In the event of any conflict or inconsistency between the provisions of this Memorandum and the provisions of the Lease, the provisions of the Lease shall control. Nothing in this Memorandum shall be deemed to amend, modify, change, alter, amplify, limit, interpret or supersede any provision of the Lease or otherwise limit or expand the rights and obligations of the parties under the Lease and the Lease shall control over this Memorandum in tell events, 7. Multiple Counterparts, This Memorandum may be executed by different parties on separate counterparts, each of which, when so executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. IN WITNESS WHEREOF, the Parties have executed this Iviemorsndum as of the Lease Date. LANDLORD: T'ENAN'T San Diego State Universityy SMER Research 1, LLC By: /' f By. - N11.4 .-tr—./ i Name 1 6i►.l� f•� , Its: 11-10 1 Exhibit H - 29 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 STATE OF (Aide:rill& ) County Of ) eutia' as -S:421414-, becfare mel. itattafoiiifitm..r ilersonally appeared iqjiA_E_.faraiaLcL„ who proved to Me On the basis of evidence tobe person t6 whose name 3e eciibed to the within inainmi t t, a14 aitnow1edged to tnc i executed the same inCgartrauthorized capacity, and that by signature on the instrument, the parson, or the entity upon behalf of which the person acted, executed the instrument 1 certify under PENALTY OF PERJURY under the laws of the State of .l.$_ that the foregoing paragraph is true and correct WITNESS my hand and official seal. STATE OF ergiici2,4 ) Cm* of L.Sioi be -54 0 ASHLEY WILSON COhilM. a 1941641 IT1EY P11[IC • :AUTOIDIA SACRAMENT$ COUNTY D cow. EAPIRES d111lt 7C, }115 + / . ,PipZ , before me, mbcf eiffersonally appeared L'• Melu+hn proved to me an the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the ins the person, or the entity upon behalf of which the person acted, executed the mstruniett 1 certify under PENALTY OF PERRY ander the laws of the State of /,alter that the foregoing paragraph bribe and correct. WITNESS my hand and official aiad.. (Nom' Seal) Exhibit H - 30 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 A VA14 OE WIE'LE Comrrro . Mo 111437711 9 *mire ma . couPcir■m ups Diaaacoonr CwIllt.rt..m11,eat41 EXHIBIT A TO ]MEMORANDUM OF OPTION AGREEMENT (Property Description) The project is located at the Santa Margarita Ecological Reserve (SMER), located in. Riverside County and owned and operated by San Diego State University (SDSU). The proposed location is an area of approximately 22 acres of non-native Eucalyptus woodland, located in the northern portion of the reverie. The site is located near the main access road, Via Novillo and an abandoned parkingistaging Nies. It is not anticipated that easements or access right instruments will be required beyond the ground lease. The cntrancc gate is Located at 33.463213 degrees 411.170926 degrees. Exhibit H - 31 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 EXHIBIT B TO AMENDMENT TO GROUND LEASE Exhibit H - 32 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 LEGAL DESCRIPTION That certain parcel of land lying within a portion of Lot 1 of Fractional Section 22. Lot 5 of Fractional Section 23. the Northwest Quarter of the Northwest Quarter of Section 26. and the North Half of the Northeast Quarter of Section 27. all in Township 8 South. Range 3 West. San Bernardino Meridian. in the County of Riverside. State of California. according to the official plat thereof accepted by the United States Surveyor General's Office. San Francisco. California. on April 28. 1885. said parcel of land being more particularly described as follows: COMMENCING at a found 1 1/4 inch open iron pipe. accepted as set 1 1/4 inch iron pipe tagged "RCE 862" per Parcel Map No. 6835 recorded in Book 29. Pages 27 trough 41 inclusive in the Office of the County Recorder of said Riverside County. on November 29. 1976 as File No. 182666. said point bears South 86°47'35" East. 1339.18 feet (record North 86°48'29" West. 1339.37 feet per Record of Survey recorded in Book 80. Pages 59 through 61 inclusive in the Office of the County Recorder of said Riverside County. on March 22. 1988 as File No. 74961) from a found 2 inch iron pipe with disc stamped "T 8 S. R 3 W. S22. S23. S27. S26. 1986. RCE 21759•' marking the Northwest corner of said Section 26 per said Record of Survey: thence from said point of commencement North 67°12`56" West. 1155.63 feet to the TRUE POINT OF BEGINNING: thence South 08°25'31" East. 58.93 feet: thence South 07°33'31" West. 968.60 feet to the Northwesterly sideline of the Metropolitan Water District of Southern California Pipeline Easement as shown on said Record of Survey. said sideline having a record bearing South 32°04'11" West: thence along said Northwesterly sideline South 32°0459" West. 36.54 feet: thence leaving said Northwesterly sideline South 69°02'24" West. 569.37 feet: thence North 88°24'28" West. 192.18 feet: thence North 07°38'18" East. 245.69 feet: thence North 88'5-'15- East. 134.25 feet: thence North 11°55'17" East. 1009.50 feet to the Southeasterly botutdary of Rancho Santa Rosa: thence along said Southeasterly boundary North 67=19'55" East. 314.93 feet: thence leaving said Southeasterly boundary South 61°-'18"05- East. 223.41 feet to the TRUE POINT OF BEGINNING. Containing 15.78 acres more or less. Prepared by: TSAC Engineering. Jeffrey J. Safford, LS 6703 Date Exhibit H - 33 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 � o No. L6103 IHP. X33-18 rM_a L41111'.tiv Exhibit H - 34 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 EXHIBIT "A" '\,,\'' �a ‘ 161 f_ A IRpSrI rEACCULA '1 ti S ASSESSOR A - S '.. ' PARCEL NO'S. $Ili— i' , tf ECOLOGCAL VOW i___ N vzcjNrry MAP { NO SCALE I BASIS OF COORDINATES Air 8'Asfs Or c+A Tts FAR Re saran, is r Cl FORMA COCRorNA7F SYSTat 83 IOW 6 RAO &J(EPx 1 1999.92) AS OUTS LOCALLY 6r 1055. MO NI- nswO. AS 9100 ON SAW MO MINTY WOO OF SLIMY NO. W68k N: 110115.3..L1 F.• 62887(5.77 5€E F5201r2rRWARMS AND LJS7ANCTS OF SOLAR LEASE ARE4. f., ',It' ti li. * le 10411 I 1�,if S'-f' A k U3 Q (6-3)43 4 f1L‘� AOR PONS Or. 916-Z-0,5 918-25 09 9l6-07-o8 915-98-01 NIS ear !rets PREPIRE9 my c&efcrav N f 5i1RYEYWWt''S ACT —•ss,--. x Inter nregini $ Y AE f ? 1171lLTR CrtwFca & VI WO (H !-ANO ON DIC'L R 24. ?O7$. r•-- art.. r MI SHEET 1 OF 2 SOLAR LEASE AREA TEMECIJLA, CA rAW; lo-24, IIVA suRSIM ver e ike/TA° : VA DRAW BY: T5AL/TF NO., S11rPIElEICS DATE: BY APP.0 1 DRIRNAL 10-21-I0 TF rM_a L41111'.tiv Exhibit H - 34 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 EXHIBIT `1 PM 29/ 7— f 83 y(CIS!'„,' _.---N { ' SECTION 22 ' "A" ` PS T.P.G.B, _.- SECTION SECTION 23 4 '�. . 1,... (roc f#es 7 7 26 a& a0.r59-6 P.O C. I zJ RS Ai 80159 61 ./ ti h / SECTION 27' , ` ' - ' s N38371.51- 134.25' / SECTION 26 e. ti ct- R ' � { / R. 3 ?I In ler LEGEND % r L "+1 !r.A.'7 FOND .7' LP. AR ifs 60/59-6t NW DISC ST 7 (Is V 2J1$&.9'• B 042440.0.3 S22 i M�OC^4 TES MVO )1f/4" LFf7�l IIP 527 4CY FOTO ,45 MatitqhfremsET Pit PM C 790 29/2 7-4t M1C 2112787.21 a $2888517 'NO 0o TE5 M1:7ROPGWITAAI WA CfSPY'CT pr $OVINm7V CAVFORMA PIPElliie A 311. 523 526 .INE TABLE E4SE 'Nr AS 511014V UN Rs 59-61 9EA�Ph: DISTANCEp.m.aaer,arrs IMO cu+cer+r to sc sags' �� ssr�� s'w T.P.B.B. Ts RE Pt r Or r P I!_I21 VC4 TrS SLAW LEASC LEASAREA row ACOTAGE 'In ACWS ORE CR 1E35, SHEET 2 OF 2 MIR SOLAR LUSE PROPERIT TEV ECU LA, CA DATE:'0-24-16 v"M ®r: TS�C%Yhk SCALE i..300. Own 13T. TSAt 11 R1 MINTS SUPS _ DATE 8Y AMA) oRIGNAL - - - 'O-21-16 Tr Exhibit H - 35 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 EXHIBIT B TO SUBLEASE AGREEMENT DESCRIPTION OF SUBLEASED PROPERTY - AREA 1 SMER Research 1 shall make available the site of the University at: The subleased property is located within 4 adjoining parcels of land. The 4 parcels in question are: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: LOT 1 OF FRACTIONAL SECTION 22, TOWNSIDP 8 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN. PARCEL2: LOT 5 OF FRACTIONAL SECTION 23, TOWNSHIP 8 SOUTH, RANGE 3 WEST SAN BERNARDINO BASE AND MERIDIAN. PARCEL3: THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSIDP 8 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN. PARCEL4: THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 8 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN. APN: 918-070-009-3, , 918-050-009-2-2, 918-080-001-7, 918-050-005-8 The site boundaries consist of a section of land with corners at the following GPS Coordinates: 1. -117.172469835471, 33.46269608449387 2. -117.1729481609586, 33.46072841378041 3. -117.1711204927345, 33.4607267286513 4. -117.1708506036083, 33.46256125895317 5. -117.1708499885256, 33.46257291969783 6. -117.1708803156795, 33.4627265417945 7. -117.1715667603565, 33.46304230434228 8. -117.172469835471, 33.46269608449387 The site contains approximately 9.4 Acres. The site boundaries are based off current information and may need to be revised based off of Utility requirements. Exhibit H - 36 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 SMER Project City of Temecula Leased Area Sublease Area 1 Legend / Easement for Power Lines New SMER Site - Temecula Power Line / Temecula/Lake Elsinore Line Google earth © 2010 Google Exhibit H - 37 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 EXHIBIT C LICENSE AGREEMENT LICENSE AGREEMENT BY AND BETWEEN SMER 1 RESEARCH, LLC AND SOUTHWEST RIVERSIDE COUNTY ENERGY AUTHORITY (SRCEA) ON SRCEA CONTROLLED REAL PROPERTY, LOCATED AT THE SANTA MARGARITA ECOLOGICAL RESEARCH RESERVE SOLAR INITIATIVE RESEARCH SITE RIVERSIDE COUNTY, CALIFORNIA Exhibit H - 38 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 LICENSE USE AGREEMENT (FORM) THIS LICENSE USE AGREEMENT, hereinafter called "Agreement", is executed between the Southwest Riverside County Energy Authority, a California joint powers authority, hereinafter called "SRCEA", and SMER Research 1, LLC, a California limited liability company, hereinafter called "Licensee" (SRCEA and Licensee are collectively referred to as "Parties"). RECITALS WHEREAS, SRCEA is sublessee and controller of the real property located at the Santa Margarita Ecological Research Reserve Solar Initiative Research Site designated for SMER Research 1 solar energy collection and related research purposes, commonly known as the "SMER Solar Site — Area 1" and defined in Exhibit A attached hereto; and WHEREAS, SRCEA is desirous of having a solar collection conversion and transmission facility built and operated on the "SMER Solar Site — Area 1," located at the Santa Margarita Ecological Research Reserve in order to collect electric power for SRCEA's use; and WHEREAS, Licensee is prepared to purchase, install, own and operate a solar generating facility on the SMER Solar Site — Area 1 to provide energy for use by the SRCEA, consistent with that certain Power Purchase Agreement dated , 2017; and WHEREAS, SRCEA is willing to allow the Licensee to use the Premises for the purposes set forth above under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the above recitals, which are incorporated herein, and for valuable consideration the sufficiency of which is hereby acknowledged, in accordance with the covenants, conditions and provisions contained herein below, the parties hereto do hereby mutually agree as follows: AGREEMENT SECTION 1: PREMISES 1.1 Property. SRCEA hereby licenses to Licensee, in accordance with the terms, conditions, covenants, and provisions of this Agreement, all portions of that certain real property situated in the County of Riverside, State of California, commonly known as the SMER Solar Site — Area 1 consisting of approximately 9.4 -acres of land more particularly described in Exhibit "A" attached hereto and subject to a Ground Lease dated October 21, 2014, as amended, between California State University, San Diego State University and SMER Research 1 (identified as SDSU Agreement 40096313) and same land being subject to the SRCEA's Sublease — Area 1 Agreement with SMER Research I dated , 2017 ("Premises"). In return for this permission, Licensee accepts the Premises in an "AS IS" "WHERE IS" condition and hereby Exhibit H - 39 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 agrees to act in accordance with and abide by the terms, covenants, conditions and provisions of this License. 1.2 Uses. It is expressly agreed that the Premises shall be used by Licensee solely and exclusively for the purpose of planning, developing, installing and operating a solar collection and conversion transmission facility for the development of electrical power for SRCEA's use and for related research and incidental purposes (solar operations), as more completely described in the Power Purchase Agreement dated , 2017, by and between the parties ("Power Purchase Agreement — Area 1"), and for such other related or incidental purposes as may be first approved in writing by SRCEA, and for no other purpose whatsoever. Licensee covenants and agrees to use the Premises for the above specified purposes and to diligently pursue said purposes throughout the term hereof. In the event that Licensee fails to continuously use the Premises for said purposes, or uses the Premises for purposes not expressly authorized herein, the Licensee shall be deemed in default under this Agreement. 1.3 Parking. Licensee acknowledges that there are no specific parking spaces assigned to and/or designated for the Premises. 1.4 Licensee Obligations. Licensee shall perform all obligations of the Tenant under the Master Lease at its sole cost and expense. In the event that SRCEA incurs any costs or expenses to fulfill an obligation of the Tenant under the Master Lease pursuant to Licensee's obligations under this License Agreement, Licensee shall reimburse SRCEA for such costs or expenses within thirty days of notice from SRCEA provided it is consistent with paragraph 5.5 herein. SECTION 2: TERM 2.1 Commencement. The term of this Agreement shall commence on, 2017 ("Effective Date") and shall continue for twenty (20) years from the Operation Date, as that term is defined in that certain Master Ground Lease entered into by and between California State University, San Diego State University and SMER Research 1, LLC dated October 21, 2014, as amended. 2.2 Extension of Term. Licensee may request an extension of the term of this Agreement for the Premises for two (2) additional five (5) year periods under the terms and conditions of this Agreement, provided that the Licensee is not in default or breach of any term, condition, or covenant of this Agreement. The SRCEA Manager or SRCEA Manager's designee shall notify the Licensee not later than thirty (30) days after receipt of such request for an extension whether such request will be approved. The SRCEA Manager in his capacity as the SRCEA's authorized representative, shall, in his sole discretion, have the authority to deny any such request. Any such denial shall be sent to Licensee not later than thirty (30) days from receipt of the request for extension. Exhibit H - 40 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 2.3 Termination Provisions. Notwithstanding any other provisions contained in this License, five (5) years after the Operation Date, either party may terminate this License for any reason by giving the other party at least ninety (90) days prior written notice of such termination. In the event of termination pursuant to this section, Licensee shall be provided the reasonable opportunity to identify a substitute Licensor and off -taker for the solar facility to take the place of SRCEA in the License, the Sublease, the Power Purchase Agreement and all other relevant agreements related to the SMER Solar Site — Area 1. 2.4 Surrender of Property. At the expiration of this Agreement, Licensee shall surrender the Premises to SRCEA free and clear of all liens and encumbrances created by Licensee, except those liens and encumbrances which existed on the date of the execution of this Agreement by SRCEA. The Premises, when surrendered by Licensee, shall be in a safe and sanitary condition and shall be in as good or better condition as the condition at commencement of this Agreement, absent normal wear and tear. 2.5 Time is of Essence. Time is of the essence of all of the terms, covenants, conditions and provisions of this Agreement. SECTION 3: CONSIDERATION 3.1 Consideration. Consideration for this License Agreement shall be effectuated by the value received by SRCEA as a result of Licensee's installation and operation of the Solar Facility in order to provide SRCEA those electrical rate benefits arising from the Power Purchase Agreement. No additional consideration is required from Licensee or any other source. SECTION 4: INSURANCE RISKS/SECURITY 4.1 Indemnity. Licensee shall indemnify and hold harmless the SRCEA and its member agencies, and their officers, agents and employees against all claims for damages to persons or property arising out of the conduct of the Licensee or its employees, agents, or others in connection with its use and occupation of the Premises under this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the SRCEA, its member agencies, and their officers, agents, or employees. Licensee's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the SRCEA, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Licensee at its own expense shall, upon written request by the SRCEA, defend any such suit or action brought against the SRCEA, its member agencies, and their officers, agents, or employees as a result of Licensee's actions. 4.2 Insurance. Licensee shall procure and maintain for the duration of the term of this License Agreement the type and amount of insurance required of the Tenant pursuant to Paragraph 9 of the Master Lease, subject to the insurance requirements of Section 9 of the Master Lease and naming SRCEA, its members, agencies, and their elected officials, officers and employees as additional insureds. Exhibit H - 41 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 4.3 Accident Reports. Licensee shall, within twenty-four (24) hours after occurrence, report to SRCEA any accident causing property damage or any serious injury to persons on the Premises. This report shall contain the names and addresses of the parties involved; a statement of the circumstances; the date and hour, the names; and addresses of any witnesses and other pertinent information. SECTION 5: GENERAL PROVISIONS 5.1 Acceptance of Premises. Licensee accepts the Premises in an "AS IS", "WHERE IS" conditions, subject to all faults and conditions without warranty as to quality, character, performance or condition and with full knowledge of the physical condition of the Premises. 5.2 Maintenance by Licensee. With respect to Licensee's use and/or operations at or on the Premises, Licensee shall make any and all repairs and replacements necessary to maintain and preserve the Premises for the purpose stated herein. 5.3 Permits and Improvements. Licensee must obtain from all appropriate governmental entities, in advance and in writing, approval for any planned improvements and shall obtain any and all necessary environmental or regulatory permits, building permits and approvals for any desired improvements or alterations to the Premises and shall deliver to the SRCEA a copy of the same prior to commencement of improvements to the Premises. 5.4 Taxes. Licensee shall pay, before delinquency, all taxes, assessments, and fees assessed or levied upon Licensee or the Premises, including, any applicable possessory interest as defined in Revenue and Taxation Code Section 107, any buildings, structures, machines, equipment, appliances, or other improvements or property of any nature whatsoever erected, installed, or maintained by Licensee or levied by reason of the business or other Licensee activities related to the Premises, including any licenses or permits. 5.5 Notices. All notices, demands, requests, consents or other communications which this Agreement contemplates or authorizes, or requires or permits either party to give to the other, shall be in writing and shall be personally delivered or mailed to the respective party as follows: To SRCEA: Southwest Riverside County Energy Authority c/o City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Attn: City Manager Exhibit H - 42 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 With a copy to: City of Temecula 41000 Main Street Temecula, CA 92590 Attn: City Manager To LICENSEE: SMER Research 1, LLC c/o 10013 Winkle Circle Elk Grove, CA 95757 Attn: William P. Love, Managing Member Either party may change its address by notice to the other party as provided herein. Communications shall be deemed to have been given and received on the first to occur of (i) actual receipt at the offices of the party to whom the communication is to be sent, as designated above, or (ii) three working days following the deposit in the United States Mail of registered or certified mail, postage prepaid, return receipt requested, addressed to the offices of the party to whom the communication is to be sent, as designated above. 5.6 SRCEA Approval. The SRCEA Manager shall be the SRCEA's authorized representative in the interpretation and enforcement of all services performed in connection with this Agreement. The SRCEA Manager may delegate authority in connection with this Agreement to the SRCEA Manager's designee(s). For the purposes of directing Licensee in accordance with this Agreement, which does not result in a change to this Agreement, the SRCEA Manager delegates authority to the Real Estate Manager of the SRCEA Manager's Office, if any. 5.7 Entire Agreement. This Agreement comprises the entire integrated understanding between SRCEA and Licensee concerning the use and occupation of the Premises and supersedes all prior negotiations, representations, or agreements. Each party has relied on its own examination of the Premises, advice from its own attorneys, and the warranties, representations, and covenants of the Agreement itself. The interpretation, validity and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. The Agreement does not limit any other rights or remedies available to SRCEA. The Licensee shall be responsible for complying with all Local, State, and Federal laws whether or not said laws are expressly stated or referred to herein. Should any provision herein be found or deemed to be invalid, the Agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful Exhibit H - 43 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 shall remain in full force and effect, and to this end the provisions of this Agreement are severable. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 5.8 Agreement Modification. This Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by the parties hereto. 5.9 Assignment and Subletting -No Encumbrance. This Agreement and any portion thereof shall not be assigned, transferred, or sublet, nor shall any of the Licensee's duties be delegated, without the express written consent of SRCEA. Any attempt to assign or delegate this Agreement without the express written consent of SRCEA shall be void and of no force or effect. The consent by SRCEA to one assignment, transfer, sublease, or delegation shall not be deemed to be consent to any subsequent assignment, transfer, sublease, or delegation. 5.10 Other Regulations. All use of the Premises under this Agreement shall be in accordance with the laws of the United States of America, the State of California and in accordance with all applicative rules and regulations and ordinances of the City of Temecula now in force, or hereinafter prescribed or promulgated by resolution or ordinance or by State or Federal law. SECTION 6: SPECIAL PROVISIONS 6.1 Standards of Operation. Licensee agrees that it shall operate and manage the services and facilities offered upon or from the Premises in a first class manner and comparable to other similar facilities within Riverside County and Southern California areas which provide like products and services. 6.2 Licensee's Employees. Licensee shall provide an experienced and well qualified "on-site" supervisor to oversee all operations conducted by Licensee on the Premises. Licensee shall ensure that its employees shall at all times conduct themselves in a creditable manner and they shall conform to all rules, regulations and requirements, as well as all rules and regulations pertaining to the SMER Solar Site — Area 1. 6.3 Hazardous Substances. No goods, merchandise or material shall be kept, stored or sold in or on the Premises which are in any way explosive or hazardous, except that ordinary business materials that may be classified as hazardous may be kept in or on the Premises if such materials are stored and disposed of in accordance with all applicable laws; and no offensive or dangerous trade, business or occupation shall be carried on therein or thereon, and nothing shall be done on said Premises, which will cause an increase in the rate of or cause a suspension or cancellation of the insurance upon the demised Premises or other premises and the improvements thereon; provided, however, that if anything done by Licensee causes an increase in the rate of insurance on the Premises, Licensee may, at its option, pay such increase and Licensee shall not thereafter be considered in default under this Agreement. Exhibit H - 44 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 No machinery or apparatus shall be used or operated on or about the Premises which will in any way injure the Premises or improvements thereon, or adjacent or other Premises, or improvements thereon, or to persons; provided, however, that nothing contained in this section shall preclude Licensee from bringing, keeping or using on or about the Premises such materials, supplies, equipment and machinery as are appropriate or customary in carrying on its said business, or from carrying on its business in all usual respects. REMAINDER OF PAGE BLANK Exhibit H - 45 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 SECTION 7: SIGNATURES 7.1 Signature Page. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Licensee and the SRCEA. IN WITNESS WHEREOF, the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Use Agreement to be executed by setting hereunto their signatures on the day and year respectively written herein below. SRCEA ATTEST SOUTHWEST RIVERSIDE COUNTY ENERGY AUTHORITY By: Name: By: Title: Name: Title: APPROVED AS TO FORM: Date: By: Name: Title: LICENSEE SMER RESEARCH 1, LLC By: Date: William P. Love Managing Member NOTARY ACKNOWLEDGEMENTS OF LICENSEE'S SIGNATURE(S) MUST BE ATTACHED Exhibit H - 46 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ..� w �„m:� .,x.. w, o.a�.arwti wd.v, .•.�oy�+..�ow .ao*nn+n K w w wyt •:� CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness, accuracy, or validity of that document. State of California County of On Date ) before me, Here insert Name and Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose narrie(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaoity(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. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to en unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Tttla(s). ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator LI Other: ❑ Other: Signer Is Representing: Signer Is Representing: ]2015 National Notary Association • www.NaticnalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Exhibit H - 47 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ..� w �„m:� .,x.. w, o.a�.arwti wd.v, .•.�oy�+..�ow .ao*nn+n K w w wyt •:� CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness, accuracy, or validity of that document. State of California County of On Date ) before me, Here insert Name and Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose narrie(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaoity(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. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to en unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Tttla(s). ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator LI Other: ❑ Other: Signer Is Representing: Signer Is Representing: ]2015 National Notary Association • www.NaticnalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Exhibit H - 48 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 EXHIBIT A DESCRIPTION OF SUBLEASED PROPERTY - AREA 1 SMER Research 1 shall make available the site of the University at: The subleased property is located within 4 adjoining parcels of land. The 4 parcels in question are: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: LOT 1 OF FRACTIONAL SECTION 22, TOWNSIDP 8 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN. PARCEL2: LOT 5 OF FRACTIONAL SECTION 23, TOWNSHIP 8 SOUTH, RANGE 3 WEST SAN BERNARDINO BASE AND MERIDIAN. PARCEL3: THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSIDP 8 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN. PARCEL4: THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 8 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN. APN: 918-070-009-3, , 918-050-009-2-2, 918-080-001-7, 918-050-005-8 The site boundaries consist of a section of land with corners at the following GPS Coordinates: 9. -117.172469835471, 33.46269608449387 10. -117.1729481609586, 33.46072841378041 11. -117.1711204927345, 33.4607267286513 12. -117.1708506036083, 33.46256125895317 13. -117.1708499885256, 33.46257291969783 14. -117.1708803156795, 33.4627265417945 15. -117.1715667603565, 33.46304230434228 16. -117.172469835471, 33.46269608449387 The site contains approximately 9.4 Acres. The site boundaries are based off current information and may need to be revised based off of Utility requirements. Exhibit H - 49 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 SMER Project City of Temecula Leased Area Legend 111, Easement for Power Lines 0Ce New SMER Site - Temecula aF Power Line 011 Temecula/Lake Elsinore Line Google earth 02016 Google Exhibit H - 50 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Exhibit I City of Temecula Guaranty GUARANTY OF POWER PURCHASE AGREEMENT THIS GUARANTY OF POWER PURCHASE AGREEMENT ("Guaranty") dated as of , 20_ is executed by the City of Temecula, a California municipal corporation ("Guarantor") in favor of the SMER Research 1, LLC, a California limited liability company ("Power Provider"), with reference to the following: A. Power Provider and the Southwest Riverside County Energy Authority ("SRCEA"), a California joint powers authority (as "Purchaser") have entered into that certain Solar Power Purchase Agreement dated as of , 20_ (the "PPA"). B. As a condition to entering into the PPA, Power Provider has required that Guarantor execute and deliver to Power Provider this Guaranty, which Guaranty shall be effective as of the Initial PPA Term (as defined in the PPA) and shall terminate upon the expiration of the Initial PPA Term or, if exercised, the termination of the Extension PPA Term (the "Guaranty Termination Date"), with such period to constitute the "Guaranty Period". NOW THEREFORE, in consideration of Power Provider entering into the PPA with SRCEA, Guarantor covenants and agrees as follows: Section 1. Guaranty. During the Guaranty Period, Guarantor absolutely and unconditionally guarantees to Power Provider the timely payment of all amounts that SRCEA may owe under the PPA, or any extensions, renewals, or modifications of the PPA. During the Guaranty Period, Guarantor further guarantees to Power Provider the full, faithful, and timely performance by SRCEA of the PPA, or any extensions, renewals, or modifications of the PPA. If SRCEA shall default at in the payment of any sums, costs, or charges, or in the performance of any covenant or obligation under the PPA during the Guaranty Period, then Guarantor, at Guarantor's expense, shall on demand by Power Provider fully and promptly pay all sums, costs, and charges to be paid and perform all other covenants and obligations to be performed by SRCEA pursuant to the PPA. In addition, Guarantor shall on demand by Power Provider pay to Power Provider all sums due to Power Provider, including, without limitation, all interest on past due obligations of SRCEA, costs advanced by Power Provider, damages, and all expenses (including, without limitation, court costs and reasonable attorneys' fees) that may arise in consequence of SRCEA's default. Section 2. Waivers. Guarantor authorizes Power Provider, without notice or demand and without affecting Guarantor's liability under this Guaranty, to: (a) consent to any extensions, accelerations, or other changes in the time for any payment provided for in the PPA, or consent to any other alteration of any Exhibit I - 1 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 covenant, term, or condition of the PPA in any respect, and to consent to any assignment, subletting, or reassignment of the PPA; (b) take and hold security for any payment provided for in the PPA or for the performance of any covenant, term, or condition of the PPA, or exchange, waive, or release any security; and (c) apply this security and direct the order or manner of its sale as Power Provider may determine. Section 3. Independent Obligations. The obligations of Guarantor under this Guaranty are independent of, and may exceed, the obligations of SRCEA. A separate action may, at Power Provider's option, be brought and prosecuted against Guarantor, whether or not any action is first or subsequently brought against SRCEA, or whether or not SRCEA is joined in any action, and Guarantor may be joined in any action or proceeding commenced by Power Provider against SRCEA arising out of, in connection with, or based upon the PPA. Guarantor waives any right to: (a) require Power Provider to proceed against SRCEA or any other person or entity or pursue any other remedy in Power Provider's power; (b) complain of delay in the enforcement of Power Provider's rights under the PPA; and (c) require Power Provider to proceed against or exhaust any security held from SRCEA or Guarantor. Guarantor waives any defense arising by reason of any disability or other defense of SRCEA or by reason of the cessation from any cause of the liability of SRCEA. Guarantor waives all demands upon and notices to SRCEA and to Guarantor, including, without limitation, demands for performance, notices of nonperformance, notices of non-payment, and notices of acceptance of this Guaranty of PPA. Section 4. No Reporting Duty. Guarantor assumes full responsibility for keeping fully informed of the financial condition of SRCEA and all other circumstances affecting SRCEA's ability to perform SRCEA's obligations under the PPA, and agrees that Power Provider will have no duty to report to Guarantor any information that Power Provider receives about SRCEA's financial condition or any circumstances bearing on SRCEA's ability to perform such obligations. Section 5. Continuing Guaranty. During the Guaranty Period, this Guaranty shall remain in full force notwithstanding the appointment of a receiver to take possession of all or substantially all of the assets of SRCEA, or an assignment by SRCEA for the benefit of creditors, or any action taken or suffered by SRCEA under any insolvency, bankruptcy, reorganization, moratorium, or other debtor relief act or statute, Exhibit I - 2 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 whether now existing or later amended or enacted, or the disaffirmance of the PPA in any action or otherwise. Section 6. Joint and Several Obligations. If this Guaranty of PPA is signed, or if the obligations of SRCEA are otherwise guaranteed, by more than one party, their obligations shall be joint and several, and the release or limitation of liability of any one or more of the guarantors shall not release or limit the liability of any other guarantors. Section 7. Successors and Assigns. This Guaranty of PPA shall be binding upon Guarantor and Guarantor's heirs, administrators, personal and legal representatives, successors, and assigns, and shall inure to the benefit of Power Provider and Power Provider's successors and assigns. Power Provider may, without notice, assign this Guaranty of PPA, the PPA, or the sums payable under the PPA, in whole or in part. Section 8. Guaranty of Costs and Fees. In addition to the amounts guaranteed, Guarantor agrees to pay reasonable attorney's fees and all other costs and expenses incurred by Power Provider in enforcing this Guaranty of PPA or in any action or proceeding arising out of, or relating to, this Guaranty of PPA. Section 9. Governing Law. This Guaranty of PPA shall be deemed to be made under and shall be governed by California law in all respects, including matters of construction, validity, and performance, and the terms and provisions of this Guaranty may not be waived, altered, modified, or amended except in a writing signed by an authorized officer of Power Provider and by Guarantor. Section 10. Severance. If any of the provisions of this Guaranty of PPA shall contravene or be held invalid under the laws of any jurisdiction, this Guaranty of PPA shall be construed as if it did not contain those provisions, and the rights and obligations of the parties shall be construed and enforced accordingly. Exhibit I - 3 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Section 11. Counterparts. This Guaranty of PPA may be executed in any number of counterparts, each of which shall be a valid and binding original, but all of which together shall constitute one and the same instrument. Guarantor has executed this Guaranty as of the date first written above. "GUARANTOR" CITY OF TEMECULA, a municipal corporation Aaron Adams, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Exhibit I - 4 Solar Power Purchase Agreement (Sublease Area 1 (City of Temecula)) DOCS 124394-000004/3049604.3 Item No. 18 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Kevin Hawkins, Director of Community Services DATE: October 24, 2017 SUBJECT: Presentation Regarding the City's Homeless Outreach Efforts; Adopt an Administrative Procedure Regarding the Removal of Unlawful Campsites, Bulky Items, and Personal Property; Introduce Ordinance Regulating Conduct in Order to Protect the Health, Safety and Quality of Life of Persons in Temecula PREPARED BY: Erica Russo, Senior Management Analyst RECOMMENDATION: That the City Council: 1. Receive a Presentation Regarding the City's Homeless Outreach Efforts; 2. Adopt an Administrative Procedure regarding the Removal of Unlawful Campsites, Bulky Items, and Personal Property; 3. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA MODIFYING THE TEMECULA MUNICIPAL CODE TO REGULATE AND PROHIBIT CERTAIN CONDUCT AND CONDITIONS TO PROTECT HEALTH AND SAFETY BY AMENDING SECTION 9.65.060 TO PROHIBIT SOLICITATIONS IN RESTROOMS OPEN TO PUBLIC, ADDING CHAPTER 9.70 PROHIBITING CERTAIN CONDUCT ON PUBLIC PROPERTY, INCLUDING CAMPING, HINDERING OR OBSTRUCTING FREE PASSAGE, BODILY FUNCTIONS, WALK, STAND OR LIE ON PUBLIC BENCHES OR BE ON CERTAIN PUBLIC FIXTURES, PROHIBITING DWELLING IN VEHICLES ON CITY STREETS AND PUBLIC PROPERTY, AND REGULATING FOOD DISTRIBUTION ON PUBLIC PARKS AND PUBLIC PROPERTY, ADDING CHAPTER 9.75 PROHIBITING THE STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY AND PROVIDING FOR THE REMOVAL OF SUCH PROPERTY; REPEALING CHAPTER 9.02 AND SECTION 10.08.080 AS THESE ARE INCLUDED IN THE NEW PROVISIONS; AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM CEQA PURSUANT TO SECTION 15060 OF THE CEQA GUIDELINES BACKGROUND: In 2014, in response to community concern and a desire to act proactively in the best interest of its residents, the City of Temecula launched the Responsible Compassion campaign to address the issues related to homelessness within the community. This three -pronged approach focused on collaboration with community partners, coordination with other agencies, and communication with residents and businesses. As the need has grown, the City has dedicated considerable resources to this campaign, including: - Funding a full-time Homeless Outreach Liaison and a dedicated police Homeless Outreach Team (HOT) of four sworn officers, in addition to extensive support from City staff in nearly every department; notably Code Enforcement, Park Rangers, various Community Services Divisions and facilities, and Public Works - Extensive collaboration with service providers and agencies throughout the region, leading to the establishment of a five -city Regional Homeless Alliance, the Temecula - Murrieta Homelessness Task Force, and the staff -level Homeless Advisory Board - Support for a Housing Crisis Resource Center administered via a partnership with Community Mission of Hope utilizing a City -owned facility on Pujol St. - Creation and distribution of a resource guide and other print collateral to educate the community on available resources throughout the region - Partnership with County agencies to identify resources for behavioral health, housing, and other support services Despite these efforts, due to complex socioeconomic forces beyond the City's control, the 2017 County -wide Point in Time Homeless Survey reflected a sharp increase in the number of individuals experiencing homelessness in the City, from 37 unsheltered individuals in 2016 to 85 in 2017. Coincident with this, there has been a steady increase in concerns raised by residents and the business community as well as activity requiring law enforcement, including drug possession and sales, parole violations, violent offenses, vandalism, and other property crimes in certain areas of the City. In response to this increase, the Temecula Police Department's Homeless Outreach Team has increased their efforts to address these issues, broadening their approach from an enforcement -only model to a comprehensive outreach approach. In order to provide assistance to those in the homeless community who desire help, the Police Department has partnered with City staff as well as members of local non-profit organizations and other County and State agencies to provide supportive services which include transportation, access to medical care or recovery programs, food, clothing, and housing. As a result, and following thorough legal analysis of best practices from other cities struggling with the same issues, staff is recommending the adoption of an administrative procedure which will describe the process for effectively and compassionately addressing the need to remove debris on public property, the introduction of ordinance related to maintaining the health, safety and quality of life residents of the City expect and deserve, and the presentation of an overview of outreach efforts. Administrative Procedure for the Removal of Unlawful Campsites, Bulky Items, and Personal Property: The City's streets, sidewalks, parking lots, parks and other public areas are intended for daytime use by the general public, not for storage of personal, stolen, or abandoned property, or for overnight occupancy. Detrimental impacts from illegal storage, dumping, or camping in these public areas which are not designed for such storage or human habitation include lack of proper water and sanitary facilities, safety hazards for visitors and the inhabitants of substandard temporary structures, presence of trash and debris, criminal activities including illegal drug use, and other conditions which are inconsistent with the intended use and enjoyment of these areas by the general public. This Administrative Procedure will guide implementation and enforcement of Chapter 9.75 of the Temecula Municipal Code which prohibits encampments and the storing of personal property on public property. This procedure requires outreach to affected individuals, referral of individuals to supportive services, reasonable advance notice to affected individuals of the deadlines by which they are to remove their personal property from public property, and the City's storage of personal property that has been removed by the City established deadline. Prohibitions of Certain Behaviors on Public Property: In order to maintain and protect public safety and health and comply with regulations governing water quality, ordinances that prohibit camping and storing of personal items on public property are legitimate exercises of a municipality's police power. The Courts and the State Legislature has expressly recognized the power of a city to regulate conduct on streets, sidewalks, or other public places, and has specifically authorized local ordinances governing the use of municipal parks and public property. Consistent with this finding, the recommended ordinance prohibits certain conduct on public property, including camping, hindering or obstructing the free passage of other individuals; performing bodily functions including urination and defecation; walking, standing, or lying on public benches; occupying certain public fixtures; storing personal property on public property; as well as regulating food distribution in public parks and on public property, and providing for the removal of personal property unlawfully stored on public property. This conduct has resulted in significant adverse health and safety issues for the people in Temecula. Additionally, other cities are facing severe health issues as a result of such conduct. Aggressive Solicitation: In 2016, in response to an increase in aggressive solicitation throughout the City which had contributed not only to the loss of access to and enjoyment of public places, but also to an enhanced sense of fear, intimidation, and disorder, City Council approved the addition to the Temecula Municipal Code of Chapter 9.65, which defines the nature of, limitations upon, and penalties for aggressive panhandling and loitering. The proposed ordinance amends Section 9.65.060 to prohibit solicitation within 15 feet of a public restroom, thereby protecting public health, safety and the general welfare of people in the City of Temecula by imposing reasonable place restrictions on certain forms of solicitation while respecting the constitutional rights of free speech for all citizens. FISCAL IMPACT: In the Fiscal Year 2016-17 Annual Operating Budget, a new division within the Temecula Community Services District (TCSD) was established to account for the City's Responsible Compassion efforts related to homelessness. Costs associated with the enforcement of the ordinance will be appropriately budgeted within the Responsible Compassion budget, as well as within the appropriate Public Works, Police Department, and Code Enforcement budgets. ATTACHMENTS: 1. Administrative Procedure Regarding the Removal of Unlawful Campsites, Bulky Items, and Personal Property 2. Ordinance Relating to the Regulation of Certain Conduct on Public Property Revised: October 19, 2017 City of Temecula Administrative Procedure Removal of Unlawful Campsites, Bulkv Items, and Personal Property PURPOSE: The public areas within the City, including streets, sidewalks, parks, public building and public land, should be readily accessible and available to residents and the public at large for use in a safe and healthy manner. The use of these areas for overnight camping purposes and the use of those areas for the purposes of certain well defined types of loitering interferes with the ability of residents and the public at large to use the areas in the healthy and safe manner for the uses intended. Such camping and defined loitering activity and their attendant negative effects constitute a significant public health and safety hazard, which adversely impacts other members of the public and neighborhoods, as well as industrial, agricultural, and commercial areas. The City's streets, sidewalks,parking lots,parks and other public areas are intended for daytime use by the general public, not for storage of personal, stolen, or abandoned property, or for overnight occupancy. Detrimental impacts from illegal storage, dumping, or camping in these public areas which are not designed for such storage or human habitation include lack of proper water and sanitary facilities, safety hazards for visitors and the inhabitants of substandard temporary structures, presence of trash and debris, criminal activities including illegal drug use, and other conditions which are inconsistent with the intended use and enjoyment of these areas by the general public. Moreover,the proliferation of lost, abandoned,or stolen shopping carts and other personal property around the City results in the obstruction of free access to sidewalks, streets,parking lots, and other ways; interferes with pedestrian and vehicular traffic on public and private streets; and impedes emergency services. A purpose of this chapter is to maintain public and private lands, streets, sidewalks, alleys, ways, creeks, waterways, parks, playgrounds, recreation areas, plazas, open spaces, lots, parcels and other public and private areas within the City, in a clean, sanitary and accessible condition. A further purpose of this chapter is to protect the health, safety and welfare of the community, while recognizing that, subject to reasonable conditions, camping and camping facilities associated with certain events can be beneficial to the cultural and educational well-being of the City. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public or private property. This Administrative Procedure is authorized by Section 9.75.120 of the Temecula Municipal Code which will guide implementation and enforcement of those provisions of the Temecula Municipal Code regulating and prohibiting encampments and the storing of personal property and shopping carts on public property, including, without limitation, Chapter 9.75 of the Temecula Municipal Code (the "Code Provisions"). The City Manager is authorized to amend and modify this Administrative Procedure. This procedure requires outreach to affected individuals, referral of individuals to supportive services, reasonable advance notice to affected individuals of the deadlines by which they are to remove their personal property from public property, and the City's storage of personal property that has been removed by the City's established deadline. Revised: October 19, 2017 RELEVANT LAWS/CODES (NOT EXCLUSIVE): Temecula Municipal Code Chapter 9.75 -Storage of Personal Property on Public Property(Check http://www.gcode.us/codes/temecula/ for the most recent version and updates of Chapter 9.75): Chapter 9.75 Storage of Personal Property on Public Property. 9.75.010. Purpose. 9.75.020 Definitions. 9.75.030. Prohibition on the storage of personal property on Public Property. 9.75.040. Prohibition on attachments. 9.75.050. Removal of stored personal property; discarding of stored personal property. 9.75.060. Pre-removal notice. 9.75.070. Failure to remove attended personal property. 9.75.080. Storage and disposal. 9.75.090. Repossession. 9.75.100. Illegal dumping. 9.75.110. Limitation on applicability. 9.75.120. Establishment of Administrative Procedure by City Manager. 9.75.130. Penalty; Enforcement. 9.75.010. Purpose. The public areas within the City, including streets, sidewalks, parks, public buildings and public land, should be readily accessible and available to residents and the public at large for use in a safe and healthy manner. The use of these areas for storage of personal property interferes with the ability of residents and the public at large to use the areas in the healthy and safe manner for the uses intended. Such storage of personal property and its attendant negative effects constitute a significant public health and safety hazard, which adversely impacts other members of the public and neighborhoods, as well as industrial, agricultural, and commercial areas. The City's streets, sidewalks,parking lots,parks and other public areas are intended for use by the general public,not for storage of personal, stolen, or abandoned property, or for overnight occupancy. Detrimental impacts from illegal storage, dumping, or camping in these public areas which are not designed for such storage or human habitation include lack of proper water and sanitary facilities, safety hazards for visitors and the inhabitants of substandard temporary structures, presence of trash and debris, criminal activities including illegal drug use, and other conditions which are inconsistent with the intended use and enjoyment of these areas by the general public. Moreover, the Revised: October 19, 2017 proliferation of lost, abandoned, or stolen shopping carts around the City results in the obstruction of free access to sidewalks, streets, parking lots, and other ways; interferes with pedestrian and vehicular traffic on public and private streets; and impedes emergency services. A purpose of this chapter is to maintain public and private lands, streets, sidewalks, alleys,ways, creeks, waterways, parks,playgrounds,recreation areas,plazas,open spaces,lots,parcels and other public and private areas within the City, in a clean, sanitary and accessible condition. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public or private property. 9.75.020.Definitions. As used in this chapter, the following terms shall have the following meanings: "Administrative Procedure" means the City's Administrative Procedure for the Removal of Personal Property approved by the City Manager as established pursuant to Section 9.75.120. "Bulky item" means any personal property that is too large to be handled by normal collection, processing or disposal methods which means personal property that is too large to be placed in a garbage receptacle with a 96-gallon capacity. "Notice to Remove Personal Property" means the form of notice provided in the Administrative Procedure. "Person" means any individual, group, business, company, corporation,joint venture, partnership or other entity or association composed of two or more individuals. "Personal property"means any and all tangible property, and includes,but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, sleeping bags, hammocks, and personal items such as luggage, backpacks, clothing, documents, medication, and household items. "Public property" means any real or personal property owned or controlled by the City and includes,but is not limited to,any publicly-owned park,building,street, sidewalk,way,path,alley, park, parking lot or other public property owned or controlled by the City and located within the City of Temecula and such other publicly owned property for which the City is authorized by contract or permit to maintain. "Store," "Stored," "Storage" or "Storing" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. "Tent"means any tent, as that term is generally understood, and also includes any tarpaulin,cover, structure or shelter, made of any material which is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the tarpaulins, cover, structure or shelter. 9.75.030. Prohibition on the Storage of Personal Property on Public Property. Except as may otherwise be expressly permitted by the Temecula Municipal Code,no person shall store any personal property on public property. Revised: October 19, 2017 9.75.040. Prohibition on Attachments. Except as may otherwise be expressly permitted by the Temecula City Code, no person shall erect any barrier against or join any wires, ropes, chains or otherwise attach any personal property to any public property including,but not limited to, any trees or plants, a building or a portion thereof, playground equipment, fencing, bike rack, table, bench, tree, bush, shrub or plant, without the City's prior written consent. 9.75.050. Removal of Stored Personal Property; Discarding of Stored Personal Property. In the event personal property placed on public property poses an immediate threat to the health or safety of the public, including, without limitation, a threat arising from the personal property containing biological materials, hazardous substances, or hazardous waste, the City may remove and discard it without prior notice. 9.75.060. Pre-Removal Notice. In the event City employees or agents determine that property is being stored on public property, notice of the City's removal of personal property shall be provided as set forth in the Administrative Procedure. 9.75.070. Failure to Remove Attended Personal Property. No person shall fail to remove personal property stored on public property by the date of scheduled removal provided on the written notice posted in accordance with the Administrative Procedure. 9.75.080. Storage and Disposal. Personal property which is not removed by the date of scheduled removal set forth on the notice posted pursuant to this chapter may be removed and stored or disposed of in accordance with the Administrative Procedure. 9.75.090. Repossession. As set forth in the Administrative Procedure, the owner or other person entitled to possession of personal property removed and stored by the City may repossess the personal property prior to its disposal. Personal property not claimed within the time period set forth in the Administrative Procedure is deemed abandoned. 9.75.100. Illegal Dumping. Nothing in this chapter precludes the enforcement of any law, ordinance or regulation of any governmental entity relating to illegal dumping or deposit of hazardous substances. 9.75.110. Limitation on Applicability. This chapter is not intended to violate and shall not be applied or enforced in a manner that violates the United States or California Constitutions and applicable state or federal statutes. Revised: October 19, 2017 9.75.120. Establishment of Administrative Procedure by City Manager. The City Manager is hereby authorized and directed to establish the Administrative Procedure for the Removal of Personal Property ("Administrative Procedure"). The Administrative Procedure shall provide the procedures necessary to implement the requirements of this chapter. The City Manager shall post the Administrative Procedure on the City's website. The City Manager is authorized to delegate to other City officials the duty and authority to implement the Administrative Procedure. 9.75.130 Penalty; Enforcement. A. Misdemeanor. Any person who violates this any provision of this chapter shall be guilty of a misdemeanor or infraction as provided in Chapter 1.20 of Title 1 of the Temecula Municipal Code. The violation may be charged as an infraction with the consent of the City Attorney. B. Administrative Citations.Any person who violates any provision of this chapter shall be guilty of violating the Temecula Municipal Code and may be issued an administrative citation and be subject to the applicable punishments pursuant to Chapter 1.21 of Title 1 of the Temecula Municipal Code. C. Other Remedies.Nothing in this chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this chapter, including, but not limited to, the enforcement provisions of Title 1 or Chapter 8.12 of the Temecula Municipal Code." Revised: October 19, 2017 ADMINISTRATIVE PROCEDURE DEFINITIONS. As used in this Administrative Procedure, all terms shall have the definitions as used in Chapters 9.65 and 9.75 of the Temecula Municipal Code and the following: "Outreach Liaison"or"Public Works Outreach Liaison"shall mean the person designated by City Manager to perform the tasks and responsibilities outlined in the Administrative Procedure and such other delegates or deputies as may be needed. "Unlawful encampment" or "unlawful storage" shall mean the storage of personal property, encampments, and other actions in violation of the Temecula Municipal Code, including without limitation, Chapters 8.12, 9.65 and 9.75 of the Temecula Municipal Code. "Chief of Police" shall mean the commanding officer of the Riverside County Sheriff's Department or such other police agency under contract to provide police services to the City of Temecula, or his or her designee. REMOVAL OF PERSONAL PROPERTY FROM UNLAWFUL ENCAMPMENTS OR UNLAWFUL STORAGE STEP ONE: Reporting an Unlawful Encampment or Unlawful Storage of Personal Property. All reports of the storage of personal property on public property and encampments, in violation of the Temecula Municipal Code ("unlawful encampment" or "unlawful storage"), are to be directed to the Public Works Outreach Liaison. The Outreach Liaison can also initiate a response on the City's behalf without having first received a report. A report can be filed in any number of ways via the City Website, email, voicemail or by calling the Temecula's Homeless Outreach Hotline (951) 694-6480 or via email to HomelessOutreach @TemeculaCA. og_v. Receipt of the message shall be acknowledged within 24 hours whenever possible. Each report shall be logged into the Marginally Housed Response Database and assigned a unique Job Order Number. This identification number shall be used to track the event from the beginning through to the end of the actual clean-up and if applicable the storage of personal property. Site Visit: The Outreach Liaison shall conduct a site visit, and document the following: 1) The exact location shall be verified and documented into the City's Geographical Information System via Survey123; 2) The number of encampments and estimated number of people; 3) The threat of hazardous conditions, or illegal operations; 4) Photograph the situation; 5) Size and scope of work; Revised: October 19, 2017 6)Unique circumstances; 7) Identify the property owner(s) of personal property (if possible); and 8) Identity of property owner(s) of the real property. The Outreach Liaison shall determine whether the presence of a lawful or unlawful encampment, or the accumulation of rubbish, refuse, trash, debris, and dirt created therefrom, constitutes a health, safety, or other hazard to lives, property or the general well-being of the public. Upon his/her determination of a health, safety, or other hazard, s/he shall immediately begin the process to abate these conditions. If on public property,the procedures described in this Administrative Procedure shall be followed. If on private property or property owned or controlled by a governmental entity other than as defined in public property, the Outreach Liaison shall initiate public nuisance abatement proceedings pursuant to Chapter 8.12 and notify the owner(s)of such property, and may notify the person(s)in possession or control of such property if different from the owner(s)thereof,to remove the unlawful encampment, or the accumulation of rubbish, refuse, trash, debris, and dirt created therefrom within ten (10) days of the date the Notice has been mailed or served pursuant to this Administrative Procedure. These procedures shall govern the actual clean-up and abatement of nuisances on private property once the property is declared a public nuisance. On private property or property owned or controlled by a governmental entity other than as defined in public property, the Outreach Liaison and City contractors shall not enter private property to abate the nuisances unless s/he has obtained consent of the owner or an inspection warrant or an abatement warrant as required by law. Engajze Outreach Staff: Cleanup of unlawful encampments shall,whenever possible,include an outreach strategy for those living in encampments. The purpose of the outreach is to unite and engage the appropriate social service providers (employed by agencies other than the City) with the needs of persons living in the encampments. The City,County and members of the Temecula Murrieta Homeless Task Force shall strive to respond within 72-hours of receiving a request for service. Within this time frame, an assessment of the encampment person's needs shall be provided with a timeline for action. This plan of action becomes the "outreach strategy,"unique to each case and point in time and shall be implemented prior to each cleanup and whenever possible,with the full understanding that at some critical date in the future the actual cleanup will occur. Establish a Clean-Up Date: If there is an apparent immediate threat to the public health, safety,or welfare, or immediate threat to others, themselves, or to private or public property, a 24-hour notice shall be prepared for an immediate response and the conditions giving rise to the immediate threat shall be documented in writing. Revised: October 19, 2017 For those encampments not posing an immediate health, safety or welfare concern or immediate threat to others, themselves or property, the City and service providing agencies shall agree to a reasonable period of time to allow the service providers to complete their outreach. They shall share this assessment with the City and a tentative cleanup date shall be considered. The City working with its cleanup contractor and police department shall also consider the best time for cleanup to begin. The needs of each shall be balanced and a cleanup date shall be established. STEP TWO: Prepare Notice to Vacate. Once a clean-up date has been agreed upon, the Temecula Police Department shall post and photograph at the encampment location, a "Notice to Vacate" consistent with Chapter 9.75 in substantially the form attached as Exhibit B. The posting and/or distribution of the notice shall be performed in a manner which is reasonably calculated to provide effective notice to any occupants of the encampment. The notice shall describe the area subject to clean-up. It may be posted in more than one location if necessary so inhabitants of the encampment will be likely to see it. Photographs shall be shared with the City as soon as possible. The prior notice procedures set forth above shall not apply if the occupants of an encampment have been removed incident to citation or arrest, nor shall these procedures apply in circumstances where the encampment poses an immediate and substantial threat to the health and safety of the public. In these situations, the City may immediately clean up the encampment, removing and storing all apparent personal property located at the encampment in order to protect the unattended personal property from theft or vandalism and to ensure that the presence of such personal property does not interfere with the use of public land. The Notice shall include, but will not be limited to, the following information: 1. The Title "Notice to Vacate;" 2. The posting date; 3. A general description of the personal property to be removed; 4. Define the job site by describing the location from which the personal property shall be removed; 5. The location where the removed personal property will be stored,if not removed by the deadline listed in the notice; 6. Dates of scheduled removal of personal property (can be a range of dates); 7. Starting time of the first day of the cleanup; 8. A statement that personal property found at the site and not removed by its owner will be stored by the City for 90 days at the Pujol Street Check-In Center and that if such personal property is not recovered within that period it will be deemed abandoned and that the personal property will be destroyed; Revised: October 19, 2017 9. Storage bags shall be provided prior to the removal or personal property for storage upon request; and 10. Homeless Service Provider Hotline to call (to be considered by the County and Coalition of Homeless Service Providers- if or when this becomes available). STEP THREE: Pre-Clean-up. After the Notice to Vacate is posted,the City, law enforcement and the City's contractor shall walk and photograph the area before the cleanup or removal of personal property occurs. Bags and tags shall be handed out to individuals present at the site to assist them with the storage of their personal property. The City and the contractor shall estimate the scope of work, the process, and confirm starting dates and times. The need for subcontractors including a bio-waste hauler shall be considered. STEP FOUR: Clean—up. The day of the cleanup a meeting shall occur between the contractor, City and other invited agencies there to assist in the work. Once again, bags and tags shall be provided to individuals to help them sort and remove their personal items in the event they remain on-site. They are also able to contact the Homeless Outreach Hotline (951) 694-6480 or via email to HomelessOutreach @TemeculaCA.gov or City staff on-site and be heard as to the unique conditions affecting their livelihoods before their property is removed. Contractor shall retain personal property found at the encampment or clean-up site in accordance with the requirements of Exhibit C, City of Temecula Regulations for Identification and Retention of Personal Property. The contractor shall always assure that a tent or makeshift dwelling is vacant before removing it. Personal safety for everyone involved is the top priority. Trash, garbage, or other waste, and/or insect-infested items that constitute a threat to health and safety shall be removed first. These items shall be temporarily stored at the site of the cleanup while the cleanup is on-going. Weapons shall be turned over the Sheriff's Department. If at any time a bio-waste hazard is discovered,the City shall evaluate the need for special services to be brought in to ensure proper handling and disposal and to ensure the safety of the City staff and the contractor's workers. Each job order cleanup shall be photographed during and at the conclusion of the cleanup. The contractor shall take every step necessary to remove vegetation from the encampment in an effort to eliminate natural shelters and increase public visibility of the encampment area. If any form of prescription medications or prescription eye glasses are found, or personal identification (drivers' licenses, birth certificates, social security cards, etc.) is found, such items shall be placed safely aside for the Police Department to manage. If at all possible, the owner of Revised: October 19, 2017 these types of items shall be located during the cleanup and reunited with their items. If the owner cannot be found on-site, the items shall be taken to the Pujol Street Check-In Center held for at least 90 days. The trash, garbage, or other waste and/or insect-infested items not suitable for storage or for continued use shall be sorted into piles and disposed of or recycled appropriately. All bagged property shall be tagged with the Job Order number, dated and be taken to the Pujol Street Check- In Center. Collection, Storage and Disposition of Personal Property. 1. Personal Property, Generally The City shall take reasonable precautions to prevent disposal or destruction of any items which appear to be the personal property of any individual. The City shall not assume that property which is temporarily unattended has been discarded or abandoned. Reasonable doubt about whether property constitutes trash or debris, as opposed to personal property, shall be resolved in favor of the conclusion that the property has not been discarded or abandoned. When determining whether items should be classified as either trash or personal property, the City shall utilize the Guidelines for Property Identification attached as Exhibit C. Personal property which is collected shall be recorded using the Property Receipt and Release Form, attached as Exhibit D. After the removal of all personal property, the City shall post a written notice of property retrieval in substantially the form attached as Exhibit E. Such personal property shall be held by the City for a period of at ninety(90)days unless claimed sooner, except as provided below. 2. Shopping Carts In the event that the property collected by the City is a shopping cart, notice shall be provided to the owner identified on the cart or the owner's agent. If the cart is not retrieved within three (3) business days from the date the owner of the shopping cart receives actual notice of the shopping cart's discovery and location, the City shall impound the shopping cart. The shopping cart shall be stored at a location that is reasonably convenient to the owner of the shopping cart, which shall be open at least six(6)hours of each business day,however,the City may sell or otherwise dispose of the shopping cart if it remains unclaimed for thirty (30) days. The actual costs of storage may be charged to the owner. In addition, the City may impose a fine in an amount not to exceed $50 for each occurrence in excess of three (3) occurrences during a six-month period for failure to retrieve the shopping cart. However, any shopping cart retrieved by the owner within three (3) business days following the date of actual notice is not subject to a fine, and shall not be deemed an occurrence for purposes of calculating a fine in future occurrences. Pursuant to California Business and Professions Code section 22435.7, subdivision (i), the City may impound the cart without prior notice provided that the owner of the cart (or the owner's agent)is provided actual notice within 24 hours following the impound and that notice informs the owner as to the location where the shopping cart may be claimed. Any cart reclaimed by the owner within three (3) business days following the date of actual notice as provided pursuant shall be released and surrendered to the owner at no charge whatsoever, including the waiver of any impound and storage fees or fines that would otherwise be applicable pursuant to any other Revised: October 19, 2017 provision of law. Any cart not reclaimed by the owner, within three (3) business days following the date of actual notice shall be subject to any applicable fee or fine commencing on the fourth (4)business day following the date of the notice. In addition to providing notice to the owner of the shopping cart, the City shall issue a notice substantially in the same form as Exhibit D to the party in possession of the cart. Such notice shall inform the party that unlawfully removing, possessing, leaving, and/or abandoning shopping cart is a violation of the Temecula Municipal Code and State law subject to prosecution. STEP FIVE: Personal Property Notice & Post-Clean-up Notice. Before the contractor is released from the clean-up job, a Personal Property Notice written in both Spanish and English, shall be posted and photographed at the site that includes but is not limited to the following: 1. Title 'Personal Property Notice;" 2. Job Order Number; 3. Date; 4. A statement "Personal property has been removed from this location and stored by the City;" 5. A second statement "Individuals affected by the clean-up can call the Homeless Outreach Number or visit the Pujol Street Check-In Center at 28816 Pujol Street, Temecula, CA 92590, Monday, Wednesday, or Friday between 8:00 A.M. to 12:00 P.M., and arrange to retrieve their personal property from the City;" 6. A third statement "Individuals whose personal property has been removed and stored by the City will not be fined, charged, or otherwise cited by the City for its cost to move and store it;" and 7. A fourth statement 'Personal Property shall be stored for 90 days from the Date written above and if not recovered within that time will be deemed abandoned and shall be destroyed." STEP SIX: Job Completion. All photos shall be provided to the City with an invoice that includes the following: 1. The Job Order number; 2. The date of the invoice; 3. The Date(s)the work was performed; 4. An itemization of labor and hours worked by each unique classification; 5. A list of equipment used; Revised: October 19, 2017 6. Subcontractor(s) and associated costs; 7. An estimate of the number of persons (if any)that were displaced by the cleanup; 8. Amount of waste removed and sorted by category (described as part of the cleanup above). STEP SEVEN: Follow-up. By posting a range of dates in the Notice of Clean Up, the City and contractor maintain the ability to follow-up and return to a job site during the specified time-frame, and prevent personal property from being replaced onto Public Property. To accomplish this, the original notice or a new copy of the original has to be in place when the initial effort is completed. Personal Property Retrieval. The Outreach Liaison shall be responsible for assisting those individuals who wish to retrieve their personal property. Personal property shall be stored at the Pujol Street Check-In Center at 28816 Pujol Street, Temecula, CA 92590 and shall made available for pick-up Monday, Wednesday, or Friday between 8:00 A.M. to 12:00 P.M. The individual retrieving their property shall identify where the property was when the property was lost, and the Outreach Liaison or delegate shall confirm the job-site and dates. The individual is not required to have identification, but must be able to make a reasonable description of the personal property they are seeking to recover. The individual shall then identify the personal property that has been lost and the City shall attempt to locate it in the storage locker. All personal property repossessed shall be itemized in duplicate, and the individual shall acknowledge the City's return of the personal property to them prior to accepting it by signing or initialing one of the two copies. The second copy shall be provided to the individual. If an individual repossessing their personal property feels that the City damaged their property, or finds that the personal property they attempted to repossess is not in the City's storage locker, and/or feels that perhaps the City disposed of it without cause, the recourse for that individual is to file a claim for damages at City Hall,41000 Main St, Temecula, CA 92590, with the City Clerk within the time required by law. Not sooner than ninety (90) days from the date personal property is stored, the personal property may be destroyed or disposed of pursuant to the requirements of Exhibit A, City of Temecula Procedures for the Disposition of Lost, Abandoned or Unclaimed Property. Data Recording: A database has been established to track this work. It captures the data requested from the contractor including GIS data using Google Maps, photographs and a final clean-up report. This database has to be maintained and updated weekly. It tracks unique sites as well as follow-up visits. The purpose of the data is to describe the work to the public and to assist other agencies and service organizations in tracking the camping population in Temecula. Revised: October 19, 2017 EXHIBIT A City of Temecula Procedures for the Disposition of Lost, Abandoned or Unclaimed Property I. Police Department Custody of Property—Holding Period All personal property removed from an unlawful encampment or unlawfully stored and all lost, abandoned or unclaimed personal property, other than live animals, coming into the possession of the City or any officer or department thereof, shall immediately be turned over to the custody of the police department and stored at the Pujol Street Check-In Center at 28816 Pujol Street, Temecula, CA 92590. Such personal property shall be held by the police department for a period of at least ninety (90) days unless sooner claimed and restored as provided in this Administrative Procedure, except that shopping carts need only be held for the period set forth in California Business and Professions Code Section 22435.7. II. Claiming of Property by Owner. If at any time prior to the disposition of personal property as provided in this Administrative Procedure, any such property is claimed by any person who establishes his or her right to the possession thereof to the satisfaction of the Chief of Police or authorized deputy in charge of such property, such personal property shall be delivered to such person,provided that such person shall first pay to the police department the reasonable cost to the City of holding, protecting and returning such property. III. Procedure for Destruction or Disposition of Retained Personal Property. A. If any personal property shall remain unclaimed for at least ninety(90) days following removal, such property shall be deemed lost, abandoned or unclaimed property and may be disposed of by the Chief of Police as provided in this section. Shopping carts shall be sold or disposed of as provided in California Business and Professions Code Section 22435.7. B. After such retention period, the Chief of Police may destroy without further notice any personal property that: (1) is in such a state of disrepair or deterioration that it serves no practical purpose (without taking into account any potential repair or restoration); (2) contains any biological material or hazardous waste; (3) clothing that requires cleaning or repair; or (4) has a monetary value of less than $100 so as to make it cost prohibitive to sell at consignment auction. C. For personal property that is not described in subsection B., the Chief of Police may: (1) donate such personal property to a non-profit group providing community services within the City of Temecula or benefiting persons within the City of Temecula that would otherwise qualify for Community Service Grants; (2)transfer such personal property to a consignment auction house for auction sales wherein the City will receive the sales price less administrative fees of the consignment firm. In the event that no non-profit group will take such personal property or the Revised: October 19, 2017 consignment auction house is unable or unwilling to sell such personal property,the Chief of Police may destroy the personal property. IV. Appeals to Resolve Disputes. In the event of any dispute regarding the administration or application of these Procedures for the Disposition of Lost, Abandoned or Unclaimed Property, the concerned individual may appeal to the City Manager, and the City Manager shall thereupon settle such dispute. Revised: October 19, 2017 EXHIBIT B City of Temecula NOTICE TO VACATE The City of Temecula will be enforcing provisions of the Temecula Municipal Code which prohibit the placement or storage of personal property or refuse on City streets, sidewalks, parking lots, parks or other public property, and which prohibit the unlawful removal, possession, and/or abandonment of shopping carts. The clean-up will take place in the vicinity of: Address or Description of Location ten (10) calendar days after the date of this Notice. Any individual storing personal property within this area is in violation of Sections 9.75.050 and 9.75.060 of the Temecula Municipal Code and Section 22435.2 of the California Business and Professions Code. At the time the clean-up takes place, the City of Temecula will remove any and all personal property, trash and refuse from this area. Any retail owner of a recovered shopping cart will be notified regarding their property pursuant to applicable law. Personal property shall be stored for a period of ninety (90) days, except shopping carts for only thirty (30) days. Individuals wishing to reclaim personal property collected by the City as part of this clean-up may do so by contacting Pujol Street at City Staff Name and Title Phone Number during the storage period. The hours when personal property may be reclaimed are Monday, Wednesday or Friday between the hours of 8:00 am and 12:00 pm at the Check-In Center at 28816 Pujol Street, Temecula, CA 92590. Any items of personal property not claimed within that time may be disposed of by the City. Continued violations may result in citation and/or arrest pursuant to the Temecula Municipal Code or State laws,including but not limited to: • Temecula Municipal Code 9.75.020 [prohibited storage of camp facilities, camp paraphernalia, or personal property, on City streets, sidewalks, parking lots, parks or other public property] • California Penal Code Section 647(e) [lodging in a public or private place without permission of the owner] • Temecula Municipal Code Section 9.80.050 [unauthorized removal or possession of a shopping cart] • California Business and Professions Code Section 22435.3 [unlawful removal, possession, and abandonment of a shopping cart] Location of Notice: Date of Notice: Revised: October 19, 2017 EXHIBIT C City of Temecula Regulations for Identification and Retention of Personal Property Unless an item is trash or poses an immediate threat to public health or safety it should be retained for storage as potential personal property. Items that are arranged in a manner that suggests ownership (e.g.: items that are neatly folded or stacked, stored off the ground, hung or clearly on display or packed in bag or box) should be retained for storage. If there is any uncertainty regarding whether an item should be thrown away or stored, it should be stored. Examples of items to take to storage: The following are examples of items that should be retained subject to the provisions of this Administrative Procedure: • ID/Social Security cards • Tents & Sleeping Bags • Medications • Pots & Pans • Photos/Photo Albums • Computers, Cell Phones & Electronics • Personal Papers • Tools • Watches & Jewelry • Stoves & Generators • Eyeglasses • Bicycles • Books • Purses/Backpacks/Briefcases/Duffel Bags • Shopping carts (see specific • Shoes & Clothing administrative procedures herein, as . Currency/Credit Cards well as applicable local and State laws) Examples of items that are trash or pose a threat to public health or safety and will not be stored: The following are examples of conditions that will cause an item (including those examples listed above) to be immediately disposed of. • Dirty or Soiled: items that smell, are stained with urine, bodily waste, or mud, or are infested with fleas, bed bugs, rats or other vectors • Perishable: open food or personal products that will spoil or rot in storage • Contaminated: items used for hygiene or that present a risk of biohazard (i.e., used toothbrushes, hairbrushes, washcloths, bandages, sponges, and underwear) • Hazardous or Explosive: items that could corrode or burn in storage (i.e., car batteries, gasoline cans, and propane tanks) • Broken or Disassembled: items that are broken, damaged, or stripped of parts (i.e., electronics stripped for copper, flat tires, stripped bikes, torn up clothes) • Weapons: All weapons shall be turned over to the Temecula Police Department • Obvious Trash: Food/beverage wrappers, tissue/paper/napkins, open household product containers. Revised: October 19, 2017 EXHIBIT D CITY OF TEMECULA PROPERTY RECEIPT AND RELEASE FORM Incident Date Location of Occurrence Received Date Received By Property Owner Name DOB Sex Race Address City/State Phone PROPERTY DATA ITEM NO. QUANTITY DESCRIPTION Storage Location: The Pujol Street Check-In Center at 28816 Pujol Street, Temecula, CA 92590 PROPERTY DISPOSITIO Destroy on or after: Disposition Type: Release to above❑/below❑ Destroy❑ Hold❑ Copy of receipt to owner: Yes❑No❑ Name DOB Sex Race Address City/State Phone Disposition authorized by Date Remarks: Released By Date Time Received By Signature Print legibly I certify,under penalty of perjury,that I am the lawful owner/ guardian of the described property:I have taken possession of the described property. Address: Phone Number Package# _of Revised: October 19, 2017 EXHIBIT E Notice of Property Retrieval Revised: October 19, 2017 CITY OF TEMECULA NOTICE OF PROPERTY RETRIEVAL On_ , at a.m./p.m., the City of Temecula Date Time conducted a clean-up at the following location: Address or Description of Location and removed personal property that was left in the area. All personal property has been moved to the Pujol Street Check-In Center at 28816 Pujol Street, Temecula, CA 92590. Individuals wishing to reclaim personal property that may have been collected by the City as part of the clean-up may do so by visiting the Pujol Street Check-In Center, Monday, Wednesday, or Friday between 8:00 A.M. to 12:00 P.M., or by the contacting: at City Staff Name and Title Phone Number for a period of ninety (90) days following the date of the clean-up, except that contact must be made within thirty (30) days to reclaim shopping carts. If the property is not claimed by the applicable retrieval deadline, it shall be sold or disposed of by the City pursuant to Chapter 9.75 of the Temecula Municipal Code. ORDINANCE NO. 17- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA MODIFYING THE TEMECULA MUNICIPAL CODE TO REGULATE AND PROHIBIT CERTAIN CONDUCT AND CONDITIONS TO PROTECT HEALTH AND SAFETY BY AMENDING SECTION 9.65.060 TO PROHIBIT SOLICITATIONS IN RESTROOMS OPEN TO PUBLIC, ADDING CHAPTER 9.70 PROHIBITING CERTAIN CONDUCT ON PUBLIC PROPERTY, INCLUDING CAMPING, HINDERING OR OBSTRUCTING FREE PASSAGE, BODILY FUNCTIONS, WALK, STAND OR LIE ON PUBLIC BENCHES OR BE ON CERTAIN PUBLIC FIXTURES, PROHIBITING DWELLING IN VEHICLES ON CITY STREETS AND PUBLIC PROPERTY, AND REGULATING FOOD DISTRIBUTION ON PUBLIC PARKS AND PUBLIC PROPERTY, ADDING CHAPTER 9.75 PROHIBITING THE STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY AND PROVIDING FOR THE REMOVAL OF SUCH PROPERTY; REPEALING CHAPTER 9.02 AND SECTION 10.08.080 AS THESE ARE INCLUDED IN THE NEW PROVISIONS; AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM CEQA PURSUANT TO SECTION 15060 OF THE CEQA GUIDELINES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The title of Chapter 9.65 and Section 9.65.060 of the Temecula Municipal Code is hereby amended to read as follows: "Chapter 9.65 PROHIBITION AGAINST CERTAIN FORMS OF SOLICITATION AND LINGERING AND LOITERING ON MEDIANS" "9.65.060 All solicitations prohibited at specified locations. A. Financial Institutions and Automated Teller Machines (ATMs). No person shall solicit within twenty-five feet of any entrance or exit of any financial institution during its business hours or within twenty-five feet of any automated teller machine during the time it is available for customers' use. When an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility. No person shall solicit within an automated teller machine facility where a reasonable person would or should know that he or she does not have the permission to do so from the owner or other person lawfully in possession of such facility. B. Parking Lots. No person shall solicit in any public parking lot or structure any time after dark. C. Public Transportation Vehicles and Stops. No person shall solicit in any public transportation vehicle or within fifty feet of any designated or posted public transportation vehicle stop. D. Gasoline Stations and Fuel Pumps. No person shall solicit from an operator or occupant of a motor vehicle while such vehicle is stopped in a gasoline station or at a fuel pump. E. Driveways Accessing Shopping Center, Retail and Business Establishments. No person shall solicit from an operator or occupant traveling in a motor vehicle while such vehicle is located within twenty-five feet of a driveway providing vehicular access to a shopping center, retail or business establishment. F. Medians. 1. No person shall linger on a median. 2. No person shall loiter on a median. 3. No person shall solicit upon any median. G. Dining Establishments. No person shall solicit in any outdoor dining area of any restaurant or other dining establishment serving food for immediate consumption. H. No person shall solicit in any restroom open to the public. Section 2. Chapter 9.70, Prohibtion Against Certain Conduct on Public Property and Property Open to the Public, is hereby added to the Temecula Municipal Code to read as follows: "Chapter 9.70 Prohibtion Against Certain Conduct on Public Property and Property Open to the Public 9.70.010. Purpose. 9.70.020. Definitions. 9.70.030. Unlawful Camping. 9.70.040. Camp Permit Regulations. 9.70.050. Free Passage Shall Not be Hindered or Obstructed. 9.70.060. Prohibited Conduct on Public Property, Monuments, and Lawns. 9.70.070. Public Urination and Defecation Prohibited. 9.70.080. Prohibited Conduct on Private Property. 9.70.090. Food Distribution at Public Parks and Public Property. 9.70.100. Use of Vehicles for Dwelling Restricted on City Streets and Public Property 9.70.110. Penalty; Enforcement 9.70.010. Purpose. The public areas within theCity, including streets, sidewalks, parks, public building and public land, should be readily accessible and available to residents and the public at large for use in a safe and healthy manner. The use of these areas for overnight camping purposes and the use of those areas for the purposes of certain well defined types of loitering interferes with the ability of residents and the public at large to use the areas in the healthy and safe manner for the uses intended. Such camping and defined loitering activity and their attendant negative effects constitute a significant public health and safety hazard, which adversely impacts other members of the public and neighborhoods, as well as industrial, agricultural, and commercial areas. The City's streets, sidewalks, parking lots, parks and other public areas are intended for daytime use by the general public, not for storage of personal, stolen, or abandoned property, or for overnight occupancy. Detrimental impacts from illegal storage, dumping, or camping in these public areas which are not designed for such storage or human habitation include lack of proper water and sanitary facilities, safety hazards for visitors and the inhabitants of substandard temporary structures, presence of trash and debris, criminal activities including illegal drug use, and other conditions which are inconsistent with the intended use and enjoyment of these areas by the general public. Moreover, the proliferation of lost, abandoned, or stolen shopping carts and other personal property around the City results in the obstruction of free access to sidewalks, streets, parking lots, and other ways; interferes with pedestrian and vehicular traffic on public and private streets; and impedes emergency services. A purpose of this chapter is to maintain public and private lands, streets, sidewalks, alleys, ways, creeks, waterways, parks, playgrounds, recreation areas, plazas, open spaces, lots, parcels and other public and private areas within theCity, in a clean, sanitary and accessible condition. A further purpose of this chapter is to protect the health, safety and welfare of the community, while recognizing that, subject to reasonable conditions, camping and camping facilities associated with certain events can be beneficial to the cultural and educational well-being of theCity. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public or private property. 9.70.020. Definitions. As used in this chapter, the following terms shall have the following meanings: "Business Establishments" mean retail stores, food markets, theaters, restaurants, drive-in restaurants, gasoline service stations, bars, hotels, motels, or any other establishment which is open to and provides the public with any goods or services. "Camp" means to place, pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia. "Camp Facilities" mean all temporary shelters, including but not limited to, tents, huts, yurts, vehicles, vehicle camping outfits or temporary shelters. "Camp Paraphernalia" means items including, but not limited to, bedrolls, air mattresses, tarpaulins, cots, beds, sleeping bags, hammocks and similar equipment. "Community Development Director" means the community development director or designee. "Dwelling" means more than one of the following activities and when it reasonably appears, in light of all the circumstances, that a person is using a vehicle as a place of residence or accommodation: (1) Possessing inside or on a vehicle items that are not associated with ordinary vehicle use, such as a sleeping bag, tarps, bedroll, blanket, sheet, pillow, kitchen utensils, cookware, cooking equipment, containers of bodily fluids; or (2) obscuring some or all of the vehicle's windows; or preparing or cooking meals inside or on a vehicle; or sleeping inside a vehicle. "Establish" means to set up or move equipment, supplies or materials on to public or private property to camp or operate camp facilities. "Maintain" means to keep or permit equipment, supplies or materials to remain on public or private property in order to camp or operate camp facilities. "Operate" means to participate or assist in establishing or maintaining a camp or camp facility. "Street" means all streets, avenues, highways, lanes, alleys, ways, crossings or intersections, co-routes and cul-de-sacs. "Outstanding Citation" means a citation issued pursuant to section 9.02.030 of this chapter that is not paid or that is under appeal. "Private Property" means all private property including, but not limited to, streets, sidewalks, alleys, and improved or unimproved land. "Public Property" means any real or personal property owned or controlled by the City and includes, but is not limited to, any publicly-owned park, building, street, sidewalk, way, path, alley, park, parking lot or other public property owned or controlled by the City and located within the City of Temecula and such other publicly owned property for which the City is authorized by contract or permit to maintain. 9.70.030. Unlawful Camping It is unlawful and a public nuisance for any person to camp, establish, maintain, operate or occupy camping facilities, or use camp paraphernalia in the following areas: A. Any public property, improved or unimproved, including but not limited to public streets and sidewalks, open space, and other property or any private property, improved or unimproved. B. The prohibition set forth in this section does not apply to: 1. Mobile home parks and special occupancy parks operating in accordance with the Temecula Municipal Code; 2. Camping on public or private property pursuant to a permit issued under Temecula Municipal Code section 9.70.040; and 3. Day use for lawful activities on public property pursuant to a permit issued under Temecula Municipal Code section 9.70.040. 9.70.040. Camp Permit Regulations. A. The City Manager may promulgate regulations to establish a program pursuant to which a permit may be issued to establish, maintain and operate a camp or a camp facility, for overnight or day use, in connection with a special event. A special event is intended to include, but is not limited to, programs operated by departments of the City, events organized by nonprofit or community-based organizations, organized youth or school events, and sporting events. The regulations shall be published on the City's website. Regulations promulgated by the City Manager shall have the same force and effect of law and become effective upon date of publication. B. It is unlawful for any person to establish, maintain, conduct or carry on any camp or camp facility unless a permit pursuant to this section has been issued. The permit shall be at all times posted in a conspicuous place upon the area or tract of land upon which the camp or camp facility is located. 9.70.050. Free Passage Shall Not be Hindered or Obstructed. A. No person or persons shall stand, sit, linger, idle, or loiter on any street, alley, sidewalk, park or other public place, or in or about the entrance or exit of any business establishment or public building, either on foot or in an automobile or other vehicle, in such a manner as to obstruct or hinder the free passage of persons along such public way, or obstruct or hinder persons entering and exiting from any business establishment or public building, or in such a manner as to create a health or safety hazard for the community or for the patrons of such public place. B. No person in violation of this prohibition shall refuse or fail to disperse or move on when directed to do so by a police officer or City employee. 9.70.060. Prohibited Conduct on Public Property, Monuments, and Lawns. No person shall: A. Walk, stand, sit, or lie upon any monument, vase, decorative fountain, drinking fountain, bike rack, trash receptacle, median, fire hydrant, street-tree planter, berm, utility cabinet, railing, fence, planter, stairwell, parking lot or parking structure, or upon any other public property not designed or customarily used for such purposes; B. Walk, stand, sit, or lie upon any public lawn or planted area that is posted with signs that forbid such conduct; or C. Walk, stand, or lie upon any public bench. 9.70.070. Public Urination and Defecation Prohibited. No person shall urinate or defecate on private property in any area exposed to the public view, or on any public street, roadway, boulevard, alley, parking lot, sidewalk, or any other property owned, controlled and/or operated by the City, County or any public agency, except when using a urinal, toilet, or commode located in a bathroom, restroom, or other structure specifically designated for the purpose of urination and defecation. 9.70.080. Prohibited Conduct on Private Property. The City Council finds and determines that encampments located on private property have at least the same health, safety, and welfare concerns as encampments on public property and find the same to constitute a public nuisance. The City Manager is authorized to promulgate all regulations necessary to provide for City clean-up and removal of encampments located on private property and for the recovery of all costs and expenses associated therewith consistent with the provisions of the Temecula Municipal Code and applicable law. The regulations shall be published on the City's website. Regulations promulgated by the City Manager shall have the same force and effect of law and become effective upon date of publication. 9.70.090 Food Distribution at Public Parks and Public Property. A. Persons and groups who wish to routinely distribute free meals and other food to needy people in the City are encouraged to participate in programs which provide meals indoors in conjunction with other services intended to help needy people find housing and jobs. Information on how to participate in such programs may be obtained from the Department of Community Services. B. Any person or group that serves or distributes food to the public in City parks or on public property shall comply with the following regulations: 1. All applicable State and Riverside County health and safety standards regulating food service and distribution, including, but not limited to, the requirements of obtaining and displaying a valid permit from the Riverside County Department of Environmental Services, or its succesor agency, for distributing food at a location approved by the City; 2. All applicable requirements of the Temecula Municipal Code regarding the issuance of a vending permit, temporary use permit, or event permit; and 3. All applicable requirements of the Temecula Municipal Code regaring protection of park facilities and foliage and clean-up of parks and public areas. C. No person shall distribute or serve food to the public on a public street or sidewalk without issuance of a City vending permit, temporary use permit, or event permit. However, no permit or license shall be required for a noncommercial food distribution that does not hinder or interfere with the free use of the sidewalk or street by pedestrian or vehicular traffic. 9.70.100. Use of Vehicles for Dwelling Restricted on City Streets and Public Property. A. No person shall use a parked Vehicle for Dwelling as follows: 1. Between the hours of 9:00 P.M. and 6:00 A.M. on any street or public property in the City; or 2. At any time within a five hundred (500) foot radius of any edge of a parcel or group of parcels containing a park or public or private school for children in grades between kindergarten and twelfth (12th) grade or a licensed pre-school or daycare facility. B. Nothing herein precludes the enforcement of any other laws such as parking restrictions, including, but not limited to, prohibitions on overnight parking, storage of vehicles, littering, illegal discharge or dumping of materials, and parking for more than 72 hours. C. The City Manager may, in writing, suspend the enforcement of all or a portion of this section in designated locations in connection with special events or holidays. D. The Director of Public Works shall post signs at the entrances to the City describing such restrictions. 9.70.110 Penalty; Enforcement A. Misdemeanor. Any person who violates any provision of this chapter shall be guilty of a misdemeanor or infraction as provided in Chapter 1.20 of Title 1 of the Temecula Municipal Code. The violation may be charged as an infraction with the consent of the City Attorney. B. Administrative Citations. Any person who violates any provision of this chapter shall be guilty of violating the Temecula Municipal Code and may be issued an administrative citation and be subject to the applicable punishments pursuant to Chapter 1.21 of Title 1 of the Temecula Municipal Code. C. Other Remedies. Nothing in this chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this chapter, including, but not limited to, the enforcement provisions of Title 1 or Chapter 8.12 of the Temecula Municipal Code." Section 3. Chapter 9.75 Storage of Personal Property on Public Property of the Temecula Municipal Code is hereby added to read as follows: "Chapter 9.75 Storage of Personal Property on Public Property. 9.75.010. Purpose. 9.75.020 Definitions. 9.75.030. Prohibition on the storage of personal property on Public Property. 9.75.040. Prohibition on attachments. 9.75.050. Removal of stored personal property; discarding of stored personal property. 9.75.060. Pre-removal notice. 9.75.070. Failure to remove attended personal property. 9.75.080. Storage and disposal. 9.75.090. Repossession. 9.75.100. Illegal dumping. 9.75.110. Limitation on applicability. 9.75.120. Establishment of Administrative Procedure by City Manager. 9.75.130. Penalty; Enforcement. 9.75.010. Purpose. The public areas within the City, including streets, sidewalks, parks, public building and public land, should be readily accessible and available to residents and the public at large for use in a safe and healthy manner. The use of these areas for storage of personal property interferes with the ability of residents and the public at large to use the areas in the healthy and safe manner for the uses intended. Such storage of personal property and its attendant negative effects constitute a significant public health and safety hazard, which adversely impacts other members of the public and neighborhoods, as well as industrial, agricultural, and commercial areas. The City's streets, sidewalks, parking lots, parks and other public areas are intended for daytime use by the general public, not for storage of personal, stolen, or abandoned property, or for overnight occupancy. Detrimental impacts from illegal storage, dumping, or camping in these public areas which are not designed for such storage or human habitation include lack of proper water and sanitary facilities, safety hazards for visitors and the inhabitants of substandard temporary structures, presence of trash and debris, criminal activities including illegal drug use, and other conditions which are inconsistent with the intended use and enjoyment of these areas by the general public. Moreover, the proliferation of lost, abandoned, or stolen shopping carts around the City results in the obstruction of free access to sidewalks, streets, parking lots, and other ways; interferes with pedestrian and vehicular traffic on public and private streets; and impedes emergency services. A purpose of this chapter is to maintain public and private lands, streets, sidewalks, alleys, ways, creeks, waterways, parks, playgrounds, recreation areas, plazas, open spaces, lots, parcels and other public and private areas within the City, in a clean, sanitary and accessible condition. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public or private property. 9.75.020. Definitions. As used in this chapter, the following terms shall have the following meanings: "Administrative Procedure" means the City's Administrative Procedure for the Removal of Personal Property approved by the City Manager as established pursuant to Section 9.75.120. "Bulky item" means any personal property that is too large to be handled by normal collection, processing or disposal methods which means personal property that is too large to be placed in a garbage receptacle with a 96-gallon capacity. "Notice to Remove Personal Property" means the form of notice provided in the Administrative Procedure. "Person" means any individual, group, business, company, corporation, joint venture, partnership or other entity or association composed of two or more individuals. "Personal property" means any and all tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, sleeping bags, hammocks, and personal items such as luggage, backpacks, clothing, documents, medication, and household items. "Public property" means any real or personal property owned or controlled by theCity and includes, but is not limited to, any publicly owned park, building, street, sidewalk, way, path, alley, park, parking lot or other public property owned or controlled by the city and located within theCity of Temecula and such other publicly owned property for which the City is authorized by contract or permit to maintain. "Store," "Stored," "Storage" or "Storing" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. "Tent" means any tent, as that term is generally understood, and also includes any tarpaulin, cover, structure or shelter, made of any material which is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the tarpaulins, cover, structure or shelter. 9.75.030. Prohibition on the Storage of Personal Property on Public Property. Except as may otherwise be expressly permitted by the Temecula Municipal Code, no person shall store any personal property on public property. 9.75.040. Prohibition on Attachments. Except as may otherwise be expressly permitted by the Temecula City Code, no person shall erect any barrier against or join any wires, ropes, chains or otherwise attach any personal property to any public property including any trees or plants including, but not limited to, a building or a portion thereof, playground equipment, fencing, bike rack, table, bench, tree, bush, shrub or plant, without the City's prior written consent. 9.75.050. Removal of Stored Personal Property; Discarding of Stored Personal Property. In the event personal property placed on public property poses an immediate threat to the health or safety of the public, including, without limitation, a threat arising? from the personal property containing biological materials, hazardous substances, or hazardous waste, the City may remove and discard it without prior notice. 9.75.060. Pre-Removal Notice. In the event City employees or agents determine that property is being stored on public property, notice of the City's removal of personal property shall be provided as set forth in the Administrative Procedure. 9.75.070. Failure to Remove Attended Personal Property. No person shall fail to remove personal property stored on public property by the date of scheduled removal provided on the written notice posted in accordance with the Administrative Procedure. 9.75.080. Storage and Disposal. Personal property which is not removed by the date of scheduled removal set forth on the notice posted pursuant to this chapter may be removed and stored or disposed of in accordance with the Administrative Procedure. 9.75.090. Repossession. As set forth in the Administrative Procedure, the owner or other person entitled to possession of personal property removed and stored by the City may repossess the personal property prior to its disposal. Personal property not claimed within the time period set forth in the Administrative Procedure is deemed abandoned. 9.75.100. Illegal Dumping. Nothing in this chapter precludes the enforcement of any law, ordinance or regulation of any governmental entity relating to illegal dumping or deposit of hazardous substances. 9.75.110. Limitation on Applicability. This chapter is not intended to violate and shall not be applied or enforced in a manner that violates the United States or California Constitutions and applicable state or federal statutes. 9.75.120. Establishment of Administrative Procedure by City Manager The City Manager is hereby authorized and directed to establish the Administrative Procedure for the Removal of Personal Property ("Administrative Procedure"). The Administrative Procedure shall provide the procedures necessary to implement the requirements of this chapter. The City Manager shall post the Administrative Procedure on the City's website. The City Manager is authorized to delegate to other City officials the duty and authority to implement the Administrative Procedure. 9.75.130 Penalty; Enforcement. A. Misdemeanor. Any person who violates any provision of this chapter shall be guilty of a misdemeanor or infraction as provided in Chapter 1.20 of Title 1 of the Temecula Municipal Code. The violation may be charged as an infraction with the consent of the City Attorney. B. Administrative Citations. Any person who violates any provision of this chapter shall be guilty of violating the Temecula Municipal Code and may be issued an administrative citation and be subject to the applicable punishments pursuant to Chapter 1.21 of Title 1 of the Temecula Municipal Code. C. Other Remedies. Nothing in this chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this chapter, including, but not limited to, the enforcement provisions of Title 1 or Chapter 8.12 of the Temecula Municipal Code." Section 4. Chapter 9.02, General, and Section 10.08.080, Loitering— Obstructing traffic, of the Temecula Municipal Code are hereby repealed in their entirety, each having been included in the new chapters added by this Ordinance. Section 5. CEQA. The City Council has reviewed the matter and, based upon the facts and information contained in the staff reports, administrative record, and written and oral testimony, hereby finds that this Ordinance is not subject to CEQA pursuant to Sections 15060(c)(2), 15060(c)(3) and/or 15061(b)(3) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, in that it will not result in a direct or reasonably foreseeable indirect physical change in the environment nor have a significant impact on the environment. 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 because the ordinance regulates human activity so as to provide clean, sanitary and accessible condition of public property in accordance with the goal of maintaining the health and safety of the community and will not result in a permanent alteration of property nor the construction of any new or expanded structures. Section 6. Severability. If any section or provision or clause of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions and/or clauses of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision or clause thereof, regardless of the fact that any one or more section(s) or provision(s) or clause(s) may be declared invalid or unconstitutional or contravened via legislation. 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 24th day of October, 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 DEPARTMENT REPORTS Item No . 19 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Community Development Director DATE: October 24, 2017 SUBJECT: Community Development Department Monthly Report PREPARED BY: Lynn Kelly-Lehner, Principal Management Analyst RECOMMENDATION: Receive and file. The following are the highlights for the Community Development Department for the month of September 2017. CURRENT PLANNING ACTIVITIES: New Cases: In September 2017, Planning received 21 new applications, including 4 pre-applications, and conducted 2 Public Hearings. A detailed account of current planning activities is attached to this report. Town Square Market Place: On January 13, 2015, City Council entered into an Exclusive Negotiating Agreement (ENA) with Truax Development to negotiate the development of the two Successor Agency owned vacant lots, flanking the Town Square Park on the north and south sides of Main Street. A Disposition and Development Agreement was approved by City Council on December 13, 2016. On February 16, 2017, staff received a Development Plan application for the Town Square Market Place. The project will feature 2 three story shell buildings with basements. Each building will total approximately 43,640 square feet. Anticipated uses include retail, food vendors, restaurants, and breweries. A Parcel Merger application was received on June 30, 2017. The project was presneted to the Old Town Local Review Board on August 14, 2017. Staff anticipates the project being reviewed by the Planning Commission in December 2017 or January 2018. (JONES) Altair Specific Plan: On November 12, 2013, City Council approved an Entitlement Processing Agreement with Ambient Communities (Developer) to process extensive land use entitlements for the 270 acre property located west of Old Town including General Plan Amendment, Specific Plan, Subdivision Maps, Development Agreement, and EIR. Ambient Communities is proposing a mixed-use development comprised of residential single-family and multi-family units, as well as retail/commercial, open space, and institutional uses. Keyser Marston Associates has prepared a fiscal impact analysis for the project. Staff is working through environmental issues associated with the MSHCP and wildlife corridors and negotiating a Development Agreement. A Draft Environmental Impact Report(EIR), prepared by ESA, was circulated, and the comment period ended on June 17, 2016. A Planning Commission workshop was held on June 6, 2016, and a City Council Workshop was held on July 28, 2016. A second City Council Workshop was held on September 27, 2016. Staff is working on the EIR response to written comments, and the Development Agreement. In addition, the City Council discussed options for the Civic Site on February 14, 2017, and directed Staff to evaluate a less-intensive use to include a nature center and hiking trails in the EIR. Staff anticipates taking the project to the Planning Commission on November 15, 2017, and to City Council on December 12, 2017. (PETERS) Temecula Creek Inn (TCI) Specific Plan: JC Resorts is proposing a General Plan Amendment, Specific Plan, Tentative Tract Map, and Development Plan for a hotel expansion at Temecula Creek Inn. The project also includes a Fiscal Impact Analysis to evaluate the project's potential impacts on the City's General Fund. Since 2008, the Developer has modified the site plan and project description to address concerns regarding site layout, number of units, traffic impacts, cultural resources, potential Development Agreement, and timing of the hotel expansion. As a result of the changes, the applicant completed a pre-application to make a final determination on the site plan and project description. The current project description, as o July 2017, includes 453 single-family dwelling units, reducing the current 27-hole golf course to an 18-hole golf course, on 305 acres located on Rainbow Canyon Road. The Specific Plan proposes five Planning Areas: Planning Area 1 includes an expansion of the existing hotel by 99 rooms from 128 to 227 guest rooms, and the addition of a spa and banquet facilities totaling 153,837 square feet. Planning Areas 2-4 accommodate the 453 single family homes. Planning Area 5 consists of the golf course. A TCI Subcommittee meeting was held on February 14, 2017. The applicant is working with Staff to address issues regarding traffic impacts, extraordinary public benefits, and biological impacts associated with a wildlife corridor. (PETERS) LONG RANGE PLANNING Waves to Wineries: Staff is working with the National Park Service and multiple agencies on the Waves to Wineries Trail Plan(W2W). The purpose of this plan is to unite Temecula wine country with the Pacific Coast by identifying a network of trails along the Santa Margarita River corridor and eventually to the ocean. The goals are to identify existing trails, gaps necessary to connect them, and develop and implement a strategy to fill in the missing links. (PETERS) Uptown Temecula Specific Plan: The Uptown Temecula Specific Plan was adopted by the City Council along with the certification of the Final EIR on November 17, 2015. Staff released a Request for Proposal for the preparation of a supplemental document to the Plan. The Streetscape and Sidewalk Improvement Standards being developed will serve as a technical companion document to the Uptown Temecula Specific Plan, for City staff to use when reviewing development proposals and to instruct the developer about the street trees, light standards, sidewalk material type, and the plant pallet for any landscaping that may be proposed as part of a development plan. Spurlock Landscape Architects was selected for the project. The first public workshop was held on July 17, 2017. The second public workshop was held on August 31, 2017. The proposed Streetscape and Sidewalk Improvement Standards, an update to the New Streets In-Lieu Fee Nexus Study, and proposed Plan amendments will be reviewed by the Uptown Temecula Specific Plan Ad Hoc Sub Committee will meet on September 26, 2017. These items are anticipated to be reviewed by the Planning Commission in late 2017, followed by the City Council in early 2018. (WEST) Second Dwelling Unit Ordinance: Staff is preparing a proposed Development Code Amendment in response to Assembly Bill 2299 (AB 2299) and Senate Bill 1069 (SB 1069) amending the existing State Law related to second dwelling unit regulations. Both bills became effective on January 1, 2017. The new laws regulate parking, type and size of units, approval process and timelines, and water and sewer utility requirements applicable to second dwelling units. Most importantly, the amended State Law invalidates a local agency's existing second unit ordinance if it does not comply will all of the requirements of the newly adopted state standards. This item was recommended for approval by the Planning Commission on October 4, 2017, and is scheduled for City Council on October 24, 2017. (WEST) SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY (SARDA) & AFFORDABLE HOUSING Affordable Housing RFP: The Supportive Housing Subcommittee directed staff to issue an RFP to solicit project proposals from interested developers for the construction of an affordable housing development. In late 2015, the Successor Agency obtained clearance from the Department of Finance $12.4 million of affordable housing funds. The RFP solicited development proposals that address one or more of the following housing needs: seniors, veterans, special needs, transitional, or supportive. The City received twenty proposals from interested developers. Keyser Marston Associates assisted staff in the review and analysis of the proposals. Staff presented the proposals to the Supportive Housing Subcommittee on February 28, 2017. On April 11, City Council recommended that nine of the original twenty proposals move forward to the next stage in the process. Staff received updated financial information from each of the developers selected to move forward, and interviews are planned to be held in early 2018. (WATSON, LEHNER) Affordable Housing Overlay and Density Bonus Ordinance: The City Council adopted the 2014-2021 General Plan Housing Element Update on January 28, 2014, and the City received certification from the State Department of Housing and Community Development (HCD) on March 10, 2014. A project processing schedule has been prepared for the Affordable Housing Overlay and Density Bonus Ordinances as required by Programs 1 and 4 of the Housing Element. The Code Amendment will also encompass land use updates as required by Program 3 of the Housing Element. The proposed ordinance will be reviewed by the Infill Sub Committee on September 26, 2017 and is anticipated to be reviewed by the Planning Commission in late 2017, followed by the City Council in early 2018. (WEST) Recognized Obligation Payment Schedule: As part of the ongoing wind-down of the former Temecula Redevelopment Agency, the Successor Agency (SARDA) is required to complete a Recognized Obligation Payment Schedule (ROPS) outlining the financial and debt obligations of the former Redevelopment Agency. Based on the outstanding obligations that are due, SARDA makes requests from the Property Tax Trust Fund to make the appropriate payments. On January 24, 2017, the 2017-18 ROPS was approved by SARDA Executive Board for approval, and subsequently SARDA Oversight Board on January 25, prior to the state deadline of February 1, 2017. (WATSON, LEHNER) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CDBG Consolidated Plan and Assessment of Fair Housing: Every five years, the City, as an Entitlement City, is required to prepare an updated Consolidated Plan (ConPlan) and Assessment of Fair Housing (AFH). The ConPlan and AFH process is designed to help local jurisdictions assess their affordable housing and community development needs. Three public workshops were held in conjunction with this process — two on June 29, 2016, and a third on July 30, 2016. A survey was created to assess resident and stakeholder input regarding fair housing. The City Council approved the Assessment of Fair Housing on September 27, and has been approved by HUD. On February 28, 2017, staff presented the draft strategic plan priority needs to the Finance Subcommittee for review and recommendation. On April 25, 2017, City Council approved the Consolidated Plan. The ConPlan becomes effective July 1, 2017 and will cover through June 30, 2022. (LEHNER) CDBG Administration: The City will receive $515,274 in CDBG funding for Fiscal Year 2017- 18. Staff held two technical workshops for applicants on November 30, 2016. The application period for the 2017-18 was open from November 16 through December 15, 2016. Staff reviewed 14 applications for public service providers and four CIP projects. Staff presented the applications to the Finance Subcommittee for recommendations on February 28, 2017. City Council approved the 2017-18 Action Plan on April 25, 2017. (LEHNER) ENERGY & CONSERVATION Western Riverside Energy Leadership Partnership: This Partnership, consisting of eleven Western Riverside Council of Government (WRCOG) member cities, Southern California Edison, and Southern California Gas, provides incentives to develop energy efficiency programs. Staff worked with NRG EV Services to install an electric vehicle charging station in the 6th Street Parking Lot. The charging station complements the existing charging stations in the 6th Street Parking Lot and the Civic Center Parking Garage, by adding fast charging capabilities allowing drivers to add 50 miles of range in 15 minutes. (WEST) Solid Waste and Recycling Program: Staff manages the City's Solid Waste and Recycling Agreement with CR&R and acts as a liaison between the City, CR&R, and their customers. City staff and CR&R coordinate two Citywide Clean-up events each year for residents to dispose of household waste and large miscellaneous items that do not fit into the standard residential trash receptacle. The next Citywide Clean-up is scheduled for October 28, 2017, from 8:00 AM to 2:00 PM at Chaparral High School. Staff also assists with outreach for the Riverside County Mobile Household Hazardous Waste Collection events and the Composting Workshops. (WEST) BUILDING & SAFETY Building and Safety statistics for September 2017 are highlighted in the following table. Building and Safety Statistics —September 2017 Permits 199 New Commercial Buildings 2 Photovoltaic 35 Tenant Improvements 9 Non Construction C of O 15 Inspections 1,725 Inspections Per Day 64.40 Inspections Per Person Per Day 16.10 Visitors to Counter 1,319 Non Construction Certificate of Occupancy Klarif (Retail) —40820 Winchester Road True Signs and Graphics —27464 Commerce Center Drive Chelsea B Dancewear—27515 Ynez Road Tenant Improvements Unique Pastry Factory - 27625 Jefferson Avenue The Sugar Divaz —41923 2nd Street Torrid Clothing Store—40820 Winchester Road CODE ENFORCEMENT During the month of September, Code Enforcement responded to 74 web complaints. In addition, the division opened 142 code cases and forwarded 20 referrals to Public Works, Police, Animal Control, and Fire. Code Enforcement assisted 30 people at the Community Development Counter. Detailed Code Enforcement case activity can be found in the following chart: Type of Code Case Total Abandoned or Inoperable Vehicle 4 Vacant Home/ Property Maintenance/ Rodent/ Mold 32 Business or Home Occupation w/o license/CUP 4 Trash and Debris/ Dumping 13 Overgrown Vegetation /Weeds / Fire Hazard 7 Green Pool /Vector Control 4 Graffiti 10 Noise/Nuisance/Animal Control 17 Trailer/ RV Stored/Boat/Parking 17 Construction w/o Permit/Building Code 3 Encroach Public ROW/Trash Cans 21 Other/ Homeless Encampment 0 Zoning/Signs 4 Public Safety & Health 6 Total Number of Cases 142 Foreclosure Tracking: Code Enforcement works with the local real estate community to monitor foreclosures, defaults and real estate owned properties. The following charts demonstrate the past six months of activities in Temecula. Residential Foreclosure Tracking APRIL MAY JUNE JULY AUGUST SEPTEMBER 2017 2017 2017 2017 2017 2017 DEFAULT 82 83 76 72 74 74 FORECLOSED 60 60 56 50 51 52 REO 76 75 63 62 62 61 TOTALS 218 218 195 184 187 187 Commercial Foreclosure Tracking April May June JULY AUGUST September 2017 2017 2017 2017 2017 2017 DEFAULT 0 0 0 0 0 0 FORECLOSED 0 0 0 0 0 0 REO 10 10 5 4 4 4 TOTALS 10 10 4 4 4 ATTACHMENT: Current Planning Activity Report PLANNING ACTIVITY REPORT Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA17-1331 44588 La Paz Rd 922-240-082 Brandon Rabidou 09/01/2017 09/01/2017 Erikka Watts GEMINI PI-Home Approved Temecula,CA 92592 FINANCIAL Occupation CORP Case Title/Description: Left Lane, Inc. DBA Ruger Soung: a home occupation business license for a social media investment company. PA17-1333 39383 Canyon Rim Cir 920-062-008 Jaime Cardenas 09/05/2017 09/05/2017 Shane Thomas PI-Home Approved Temecula,CA 92591 Occupation Case Title/Description: Social Constructs: a home occupation business for social media and marketing. PA17-1334 31237 Whistling Acres Dr 957-711-032 Jaime Cardenas 09/05/2017 09/15/2017 Rosanna Janes PI-Home Approved Temecula,CA 92591 Occupation Case Title/Description: Janes&Associates: a home occupation business license for a legal nurse consulting to attorneys. PA17-1336 31690 Sweetwater Cir 957-760-006 Eric Jones 09/06/2017 09/06/2017 Benedith Jason Babilonia PI-Home Approved Temecula,CA 92591 Babilonia Occupation Case Title/Description: Victory Trade House LLC: a home occupation business license for an ecommerce home office. PA17-1339 42845 Jolle Ct 965-141-022 Jaime Cardenas 09/06/2017 09/06/2017 Annette Rogers PI-Home Approved Temecula,CA 92592 Occupation Case Title/Description: Ami Design&Associates: a home occupation for an interrior design and consulting business. PA17-1340 41875 Humber Dr 921-523-002 Jaime Cardenas 09/07/2017 09/07/2017 Christopher Roy Christopher Roy PL Home Approved Temecula,CA 92591 Occupation Case Title/Description: Veterans Mobile Devices Repair: a home occupation for mobile device,tablet and other electronic repairs. PA17-1342 40355 Winchester Rd 920-080-003 Jaime Cardenas 09/07/2017 Kelly Johnson DMP PL Modifications Corrections Temecula,CA 92591 TEMECULA Case Title/Description: Winchester Meadows Facade Remodel MOD:A Modification (Planning Review Only)to modify the facade to allow for two future tenants, update the colors and materials, and amend the Sign Program(Winchester Meadows)for the property located at 40355 Winchester Road. Page 1 of 7 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA17-1344 31588 Corte Rosario 954-320-040 Scott Cooper 09/08/2017 09/08/2017 Jessica Carmelo MICHAEL PL Home Approved Temecula,CA 92592 CAMELLO Occupation Case Title/Description: Black Rose Artistry(Home Occupation)-Home Occupation for calligraphy& custom art to be sold online. PA17-1345 41756 Humber Dr 921-531-009 Jaime Cardenas 09/08/2017 10/10/2017 ROBERT ROBERT PL Modifications Approved Temecula,CA 92591 VANKIRK VANKIRK Case Title/Description: Bonus Room Terrace Minor Modification (Planning Review Only): a Minor Modification application (Planning Review Only)to allow for the replacement of a window with a sliding door leading to a 50 square-foot terrace to the second story of the property located at 41756 Humber Drive. PA17-1347 28400 Rancho California Rd 921-020-041 Scott Cooper 09/11/2017 09/12/2017 Douglas Vajner HPS Temecula HHG PL Temporary Approved Temecula,CA 92590 Mechanical Inc Hotel Dev Use Permit Case Title/Description: Hilton Home 2 Suites Construction Trailer II TUP:A Temporary Use Permit to allow for a temporary construction trailer to be used at the Hilton Home 2 Suites construction site located at 28400 Rancho California Road. PA17-1348 30326 Senela PI 944-211-002 Jaime Cardenas 09/11/2017 09/11/2017 Andrew Krumm Andrew Krumm PL Home Approved Temecula,CA 92592 Occupation Case Title/Description: Parkway Construction Services, Inc.: a home office for a general contracting business. PA17-1350 30876 Lolita Rd 945-140-005 Jaime Cardenas 09/11/2017 09/11/2017 Edward PL Home Approved Temecula,CA 92592 Rousseau Occupation Case Title/Description: West Coast Wellness Center LLC: a drug and alcohol rehabilitation facility for 6 adults(18 and older)or fewer operating under the provisions contained in Title 9 Division 4 of the California Code of Regulations. PA17-1353 41564 Margarita Rd,138 921-810-010 Jaime Cardenas 09/11/2017 09/11/2017 Megan Rucker FAIRFIELD PL Home Approved Temecula,CA 92591 SOLANA RIDGE Occupation Case Title/Description: Megan Rucker: a home based business for online sales(distributor only)for LulaRoe clothing. PA17-1354 32619 Strigel Ct 960-083-007 Jaime Cardenas 09/12/2017 09/12/2017 Javier Gonzalez Javier Gonzalez PL Home Approved Temecula,CA 92592 Occupation Case Title/Description: Rock Solid Heating and Cooling: a home occupation business license for a home office of a mechanical unit fixing and replacing company. PA17-1357 42095 Paseo Brillante 921-413-009 Jaime Cardenas 09/12/2017 09/12/2017 Nicholas Dehaan PL Home Approved Temecula,CA 92591 Occupation Case Title/Description: NJDH, Inc.: a home occupation business license for construction cost estimate services. Page 2 of 7 Assigned Planner Approval Nancy Arenas PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA17-1359 27378 Jefferson Ave 910-282-001 Scott Cooper 09/12/2017 Jamal Firas RANCHO CAR PL Modifications Plan Review Temecula,CA 92590 WASH Case Title/Description: Rancho Car Wash MOD: A Minor Modification for Rancho Car Wash to demolish game fundraising event to be conducted at 31555 Rancho Vista Road(Temecula Valley High School)on the existing trash enclosure and build a new one in the same location on the project site located at 27378 Jefferson Ave. PA17-1361 29813 Dawncrest Cir 921-561-009 Jaime Cardenas 09/12/2017 09/27/2017 Nikolas Hinton Matt Michaels PL Modifications Approved Temecula,CA 92591 TEMECULA PL Modifications Plan Review Case Title/Description: Michaels Kitchen Expansion MOD: a Modification Application (Planning Review Only)to approve a 66 square foot kitchen expansion to the rear of the property located at 29813 Dawncrest Circle. HOSPITAL INC PA17-1362 31693 Temecula Pky 961-080-022 Brandon Rabidou 09/13/2017 09/19/2017 A M La Salle A M La Salle Matthew Berger PL Modifications Approved Temecula,CA 92592 Electric Inc Electric Inc Case Title/Description: Vail Ranch Center MOD:A Minor Modification (Planning Review Only)to convert the existing parking lot lights to LED lights for the Vail Ranch Center located on the southwest corner of the Margarita and Temecula Parkway intersection PA17-1368 33307 Decada St 962-323-028 Jaime Cardenas 09/14/2017 09/14/2017 PA17-1366 31555 Rancho Vista Rd 955-020-001 Jaime Cardenas 09/14/2017 Nancy Arenas Carol Weinrich PL Bingo Plan Review Temecula,CA 92592 Case Title/Description: Golden Bear Foundation Bingo: a Bingo License application to allow for a bingo game fundraising event to be conducted at 31555 Rancho Vista Road(Temecula Valley High School)on October 14, 2017 and February 24, 2018 between the hours of 6 p.m.through 10 p.m. PA17-1367 31700 Temecula Pky 959-080-026 Scott Cooper 09/14/2017 Andrew Van Loy TEMECULA PL Modifications Plan Review Temecula,CA 92592 VALLEY HOSPITAL INC Case Title/Description: TVH Parking Lot MOD: A Modification to the previously approved phasing plan (PA13-0141)to add a 46 space employee parking lot on the northeast portion of the project site located at 31700 Temecula Parkway. (Previous Pre-App PR17-0801) PA17-1368 33307 Decada St 962-323-028 Jaime Cardenas 09/14/2017 09/14/2017 Louis Haddon Fairway at PI-Home Approved Temecula,CA 92592 RedhawkAssn Occupation Case Title/Description: Smooth Road Enterprises, Inc. DBA Skyview Properties: a home occupation business license for real estate broker services. PA17-1372 43620 Ridge Park Dr 940-310-053 Jaime Cardenas 09/15/2017 Christopher Ridge Park Point PL Sign Program Plan Review Temecula,CA 92590 Campbell Case Title/Description: National Merchants Association Sign Program:A comprehensive Sign Program for the National Merchants Association located at 43620 Ridge Park Drive Page 3 of 7 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA17-1376 29500 Mira Loma Dr, K203 944-060-005 Jaime Cardenas 09/15/2017 Martin Reinhardt PI-Home Plan Review Temecula,CA 92592 Jr. Occupation Case Title/Description: Empire Pro Wash: a home occupation business license for mobile car washing. PA17-1379 27969 Jefferson Ave 921-050-022 Brandon Rabidou 09/18/2017 Ken Kaiden Calle Cortez PL Conditional Plan Review Temecula,CA 92590 Use Permit Case Title/Description: Air Stream CUP:A Conditional Use Permit to allow Air Stream to operate a recreational vehicle sales facility at 27969 Jefferson Ave PA17-1380 27969 Jefferson Ave 921-050-022 Brandon Rabidou 09/18/2017 Ken Kaiden Calle Cortez PL Modifications Plan Review Temecula,CA 92590 Case Title/Description: Air Stream MOD:A Minor Modification(Planning Review Only)to add parking lot poles to the proposed Air Stream located at 27969 Jefferson AVe PA17-1386 28111 Jefferson Ave 921-060-006 Eric Jones 09/19/2017 10/05/2017 Dave Jenkins Uptown PL Modifications Approved Temecula,CA 92590 Temecula Auto Spa, LLC Case Title/Description: Uptown Auto Spa Minor Modification(Planning Review Only):A Minor Modification (Planning Review Only)to make architectural changes and add a retaining wall to a recently approved car wash located at 28111 Jefferson Ave. PA17-1389 44785 Longfellow Ave 966-200-012 Jaime Cardenas 09/19/2017 09/19/2017 Timothy Killeen PI-Home Approved Temecula,CA 92592 Occupation Case Title/Description: Fu1190 Sports, LLC: a home occupation business license for administrative services for soccer headgear distribution. PA17-1392 29950 Temecula Pky 922-170-027 Eric Jones 09/20/2017 09/26/2017 Sherrie Munroe B&P Oil PL Modifications Approved Temecula,CA 92592 Services Inc Case Title/Description: Gateway to Temecula Minor Modification (Planning Review Only):A Minor Modification to allow for a cable fence to be installed on the top of a retaining wall at the Gateway to Temecula. PA17-1396 41190 Saint Croix 953-600-009 Jaime Cardenas 09/20/2017 09/20/2017 Jijo Balakrishnan Jijo Balakrishnan PL Home Approved Temecula,CA 92591 Occupation Case Title/Description: Sejal's Market, LLC: a home occupation business license that facilitates distribution of health, beauty, and food products online. PA17-1397 29043 Vallejo Ave 922-170-003 Jaime Cardenas 09/20/2017 09/27/2017 NEIL NEVILLS Terence Blanche PL Modifications Approved Temecula,CA 92592 Case Title/Description: Hope Lutheran Light Pole MOD:A minor modification to the previously approved development plan (PA15-0763)for Hope Lutheran Church to remove 9 light poles on the parking lot of the property located at 29043 Vallejo Avenue. Page 4 of 7 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA17-1399 43679 Calabro St 959-202-064 Jaime Cardenas 09/21/2017 09/21/2017 David Lee CALALAMP PI-Home Approved Temecula,CA 92592 LAND TRUST Occupation Case Title/Description: GP International LLC: a home occupation business license for software development for iphone and android applications. PA17-1400 29043 Vallejo Ave 922-170-003 Jaime Cardenas 09/21/2017 Lisa Ebnet Terence Blanche PL Temporary Plan Review Temecula,CA 92592 Use Permit Case Title/Description: Oakhill Academy Fall Festival TUP: a Temporary Use Permit to allow Hillcrest Academy located at 29275 Santiago Road to conduct a"Fall Festival'event consisting of game booths, live entertainment,food, mazes, and local vendors on the October 21, 2017 between the hours of 2 p.m.through 6 p.m.. PA17-1401 28011 Jefferson Ave 921-060-018 Jaime Cardenas 09/21/2017 10/05/2017 Rick Johnson PL Temporary Approved Temecula,CA 92590 Use Permit Case Title/Description: Islander Designs BBQ Tent Sale TUP:A Temporary Use Permit to allow for a sales event from October 13-October 25, 2017. The event will conducted in the parking lot between Jefferson Avenue and the store front and run between the hours of 9:00 a.m. and 6:00 p.m. Tents will be used to provide cover for the outdoor storage/display of merchandise located at 28011 Jefferson Avenue. PA17-1403 44739 Calle Banuelos 960-142-019 Scott Cooper 09/22/2017 09/22/2017 Ashley Milano PI-Home Approved Temecula,CA 92592 Occupation Case Title/Description: Milano Co. (Home Occupation):Web Based Writing and Marketing PA17-1404 40695 Winchester Rd 910-290-007 Jaime Cardenas 09/22/2017 Jay Jung Winchester PL Modifications Plan Review Temecula,CA 92591 Marketplace Case Title/Description: Churned Creamery MOD: A Minor Modification (Planning Review Only)for a cover over an existing trash enclosure located at 40695 Winchester Road, Suite C-102 PA17-1405 44712 Gabrielle Ln Jaime Cardenas 09/25/2017 09/25/2017 Patricia Fleck PI-Home Approved Temecula,CA 92592 Occupation Case Title/Description: Patricia A Fleck: a home occupation business license for residential cleaning services. PA17-1406 41305 Cresta Verde Ct 945-290-042 Jaime Cardenas 09/25/2017 09/25/2017 Lance Steinmann Lance Steinmann PL Home Approved Temecula,CA 92592 Occupation Case Title/Description: BC Builders, Inc. DBA Bearcat Builders: a home occupation business license for an construction company. Page 5 of 7 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA17-1410 45473 Camino Monzon 962-112-004 Jaime Cardenas 09/26/2017 09/26/2017 Michelle Ryan PL Home Approved Temecula,CA 92592 Occupation Case Title/Description: Byron Textile Solutions: a home occupation business license for office selling wholesale textile products. PA17-1411 41884 5Th St 922-031-020 Jaime Cardenas 09/26/2017 09/26/2017 Monica Summers PL Home Approved Temecula,CA 92590 Occupation Case Title/Description: SCS Simply Cleaning Solutions: a home occupation business license for cleaning services. PA17-1413 28400 Rancho California Rd 921-020-041 Scott Cooper 09/26/2017 09/26/2017 Steve Stitt Temecula HHG PL Temporary Approved Temecula,CA 92590 Hotel Dev Use Permit Case Title/Description: Hilton Home 2 Suites Construction Trailer III TUP:A Temporary Use Permit to allow for a temporary construction trailer to be used at the Hilton Home 2 Suites construction site located at 28400 Rancho California Road. PA17-1417 44649 La Paz Rd 922-242-070 Jaime Cardenas 09/27/2017 09/29/2017 Garrett Eddings R C C LTD PL Home Plan Review Temecula,CA 92592 Occupation Case Title/Description: Fingerprinting Service Near Me: a home occupation business license for mobile live scan services. PA17-1418 30812 Calvado Ct 918-303-018 Jaime Cardenas 09/28/2017 09/28/2017 Kyle Lynn Edward Lynn PL Home Approved Temecula,CA 92592 Occupation Case Title/Description: Lynnage Enterprises LLC DBAAID Home Inspections: a home occupation business license for residential home inspections. PA17-1422 909-290-003 Scott Cooper 09/28/2017 Tim Cassel Jon Hall PL Development Plan Review Plan Case Title/Description: Reliable Hauling DP:A Development Plan for the construction of a 3,379 square foot industrial building,for Reliable Hauling, located approximately 380 feet southwest of Tierra Alta Way on the south side of Avenida Alvarado PA17-1425 42105 Dlr Dr 921-730-065 Scott Cooper 09/29/2017 Vicky Phillips GILMORE PL Maps Plan Review Temecula,CA 92591 HOLDINGS Case Title/Description: Paradise Chevrolet LLA:A Lot Line Adjustment for Paradise Chevrolet Fleet to facilitate future site plans at 42105 DLR Drive. PREAPP17-1 40390 Margarita Rd 910-330-014 Scott Cooper 09/07/2017 Greg Fick PL Corrections 343 Temecula,CA 92591 Pre-Application Case Title/Description: Raising Cane's Pre-App:A pre-application for a proposed Raising Cane's drive-thru to be located at the previous Hometown Buffet at 40390 Margarita Road Page 6 of 7 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PREAPP17-1 26201 Ynez Rd 910-281-001 Scott Cooper 09/20/2017 10/05/2017 Gary Ragat SR Commercial PL Completed 393 Temecula,CA 92591 Pre-Application Case Title/Description: Temecula Valley Indoor Shooting Range Pre-Application:A Pre-Application to allow for an indoor shooting range located at 26201 Ynez Road. PREAPP17-1 921-280-002 Scott Cooper 09/21/2017 10/05/2017 Christopher Ridge Park Point PL Completed 402 Campbell Pre-Application Case Title/Description: Felix Valdez Parking Lot Pre-App: a Pre-Application for a proposed project consisting of the construction of a new surface parking lot for 70 parking stalls. Improvements include parking lot lights,concrete flatwork, and landscaping.A future building pad will be established and covered with gravel for additional parking. PREAPP17-1 41946 5Th St 922-033-004 Scott Cooper 09/28/2017 Mike Wardlaw 423 Temecula,CA 92590 Case Title/Description: 5th Street Tasting Room Pre-App:A Pre-Application to construct a new facade, renovation to an existing building for a wine tasting room, and a 2,400 square foot addition located at 41946 5th Street. Ridge Park Point PL Plan Review Pre-Application Page 7 of 7 Item No . 20 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Charlie DeHart, Fire Chief/Fire Marshall DATE: October 24, 2017 SUBJECT: Fire Department Monthly Report PREPARED BY: Wendy Miller, Administrative Assistant RECOMMENDATION: That the City Council receive and file the Fire Department Monthly Report. Riverside County Fire Department/ CAL FIRE Emergency Incident Statistics John R. Hawkins Fire Chief 10/3/2017 Report Provided By: Riverside County Fire Department Communications and Technology Division GIS Section Please refer to Map and Incident by Battalion,Station,Jurisdiction Page 1 of 6 'Incidents are shown based on the primary response area for the incident location.This does not represent total response times for all units only the first unit in. Response Activity Incident Total: 648 Average Enroute to Onscene Time* Enroute Time=When a unit has been acknowledged as responding. Onscene Time=When a unit has been acknowledge as being on scene. For any other statistic outside Enroute to Onscene please contact the IT Help Desk at 951-940-6900 <5 Minutes +5 Minutes +10 Minutes +20 Minutes Average % 0 to 5 min 419 176 22 2 4.6 67.7% The following incidents are included in the total number of records but not in the average time HZM, HZMMC, OAC,OAF, OAM, OAMAD, OAMAI,OAMTE, OAMVA, OAP, OAR, OAV, OUT, OOU, LEB, LEO, LEI, BRNPMT, OES, PAA, PAD, PAF, PAO, PAP, HFS, HFSAM, HFSCA, HSBT, HSBTC, HSBTS, HSBTV, HSE, HSG Last Updated 10/3/2017 Z Page 2 of 6 'Incidents are shown based on the primary response area for the incident location.This does not represent total response times for all units only the first unit in. ■False Alarm 54 8.3% Haz Mat 5 0.8% Medical 475 73.3% ■Multi-FamDwelling Fire 1 0.2% ■Other Fire 6 0.9% Other Misc 3 0.5% ■Public Assist 3 0.5% ■Public Service Assist 19 2.9% ■Ringing Alarm 1 0.2% ■Standby 6 0.9% ■Traffic Collision 73 11.3% Vehicle Fire 2 0.3% Total: 648100.0% False Alarm 54 Haz Mat 5 Medical 475 Multi-Fam Dwelling Fire 1 Other Fire 6 Other Misc 3 Public Assist 3 Public Service Assist 19 Ringing Alarm 1 Standby 6 Traffic Collision 73 Vehicle Fire 2 Incident Total: 648 Average Enroute to Onscene Time* Enroute Time=When a unit has been acknowledged as responding. Onscene Time=When a unit has been acknowledge as being on scene. For any other statistic outside Enroute to Onscene please contact the IT Help Desk at 951-940-6900 <5 Minutes +5 Minutes +10 Minutes +20 Minutes Average % 0 to 5 min 419 176 22 2 4.6 67.7% The following incidents are included in the total number of records but not in the average time HZM, HZMMC, OAC,OAF, OAM, OAMAD, OAMAI,OAMTE, OAMVA, OAP, OAR, OAV, OUT, OOU, LEB, LEO, LEI, BRNPMT, OES, PAA, PAD, PAF, PAO, PAP, HFS, HFSAM, HFSCA, HSBT, HSBTC, HSBTS, HSBTV, HSE, HSG Last Updated 10/3/2017 Z Page 2 of 6 'Incidents are shown based on the primary response area for the incident location.This does not represent total response times for all units only the first unit in. Incidents by Battalion, Station and Jurisdiction Last Updated 10/3/2017 Z Page 3 of 6 'Incidents are shown based on the primary response area for the incident location.This does not represent total response times for all units only the first unit in. Incidents by Jurisdiction False Haz Mat Medical Multi-Fa Other Other Public Public Ringing Standby Traffic Vehicle Alarm m Fire Misc Assist Service Alarm Collision Fire 54 5 475 1 6 3 3 19 1 6 73 2 Last Updated 10/3/2017 Z Page 4 of 6 'Incidents are shown based on the primary response area for the incident location.This does not represent total response times for all units only the first unit in. False Alarm Haz Mat Medical Multi-Fam Dwelling Fire Other Fire Other Misc Public Assist Public Service Assist Ringing Alarm Standby Traffic Collision Vehicle Fire DISTRICT 3 CHUCK 54 5 475 1 6 3 3 19 1 6 73 2 Incidents by Supervisorial District - Summary Last Updated 10/3/2017 Z Page 5 of 6 'Incidents are shown based on the primary response area for the incident location.This does not represent total response times for all units only the first unit in. MONTH = 9 and YEAR = 2017 and CITYNAM E = 'Temecula' f } n. t rt "+ Alurrveta -:r 15 U `*'. c U r Vj z L 4 Cd Ci o CP 3. O Q �C{; t .. r U d nq.��k� [� Or C hIC--� .* r .: Pech°anga Y .`,^rk f 1 111 I ".0 f M f v gf �� AGwu'1A re8OA IMOwN1`A.fF: 6.11lt5taok y � 111 * N la Fa la Fa uma'Yui ma Legend 0 F« a Dtherrdbo ^ �_ RIY'E51dr nunt� FI r .S.tstic^ N V Haz Mat C+ Public Serr�i�7�ssist} IJ �. Hazard Resswations Casinos Riverside County Fire 01 -�' h1Ed i ca I Last Updated 10/3/2017 Z Page 6 of 6 'Incidents are shown based on the primary response area for the incident location.This does not represent total response times for all units only the first unit in. 2017 City of Temecula Fire Department Emergency Response and Training Totals i71UBL.IL SA f-t, I Y LLASS TOTALS 2017 Class Totals Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total CPR AED 19 6 11 24 129 64 73 67 45 438 FIRST AID 16 10 0 60 47 4 8 61 0 206 PEDIATRIC FIRST AID 0 0 0 0 0 0 0 0 0 0 HCP 0 0 0 0 3 0 1 0 2 6 STAFF HCP 0 0 0 0 0 0 0 0 0 0 CERT 1 0 0 0 28 0 0 0 0 29 TEEN CERT 0 0 0 28 0 0 0 0 37 65 Total 36 16 11 112 207 68 82 128 84 0 0 0 744 INCIDENTIRESPONSE TOTALS FOR THE CITY OF TEMECULA 2017 Incident Response Totals Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total COMMERCIAL FIRE 0 1 1 0 0 2 1 1 0 6 FALSE ALARM 68 56 51 73 57 62 44 59 54 524 HAZ MAT 4 3 6 3 3 6 6 7 5 43 MEDICAL AID 529 513 566 486 525 500 507 489 475 4590 MUTI FAMILY DWELLING 0 2 0 2 1 1 6 0 1 13 OTHER FIRE 5 4 2 8 5 5 3 7 3 42 OTHER MISC. 4 3 2 2 5 2 3 1 3 25 PSA 42 35 44 39 34 27 37 36 19 313 RINGING ALARM 1 0 1 3 0 1 4 4 1 15 RESIDENTIAL FIRE 2 1 2 2 4 1 1 2 6 21 RESCUE 1 1 1 1 0 0 7 0 0 11 STANDBY 14 9 8 12 11 15 1 10 6 86 TRAFFIC COLLISSION 69 77 83 71 79 61 84 84 73 681 VEHICLE FIRE 1 1 3 1 5 1 3 1 2 18 WILDLAND FIRE 1 1 1 3 2 2 3 3 0 16 Total 741 707 771 706 731 68 6 710 704 648 0 0 0 6404 800 700 600 500 400 300 200 100 0 ■2016 YTD 0 2017 YTD �� FIRE DEPARTMENT CLASS TOTAL COMPARISON 2016 vs. 2017 MONTH 2016 YTD 2017 YTD JANUARY 30 36 FEBRUARY 16 16 MARCH 71 11 APRIL 55 112 MAY 65 207 JUNE 49 68 JULY 176 82 AUGUST 114 128 SEPTEMBER 95 84 OCTOBER 52 NOVEMBER 35 DECEMBER 0 TOTAL TO DATE 758 744 9000 8000 7000 6000 5000 4000 3000 2000 1000 0 FIRE DEPARTMENT TOTAL CALL COMPARISON 2016 vs. 2017 crc�aas MONTH 2016 YTD 2017 YTD JANUARY 693 741 FEBRUARY 675 675 MARCH 621 771 APRIL 681 706 MAY 702 731 JUNE 702 686 JULY 708 710 AUGUST 699 704 SEPTEMBER 751 648 OCTOBER 744 NOVEMBER 766 DECEMBER 829 TOTAL TO DATE 8571 6372 ■2016 YTD ❑2017 YTD '1 Fire Depa-* -b Temecula Battalion Fire Stations- Public Education Reporting Month: September Reporting Year: 2017 Reporting 12, 73, 84, 92 Stations: PR and Public Education Programs: Total Number of Events Event Type Total Number of Hours Number of Public Contacts. for Reporting Month 4- 1 School Event 1 I 12 0 Adult Education 0 0 1 Fair/Safety Expo o 3 100 0 Display 0 0 10 Station Tour 15 190 0 Fire Safety Trailer 0 0 0 Other 0 0 Field Inspections: LE-100's (Weed Abatement) Total Number of Initial Field Total Number of Inspections for Reporting Q LE-100 Inspections for Q Month — I Reporting Month Prevention Referrals: Total Number of Re-inspections for Reporting 0 Total Number of Fire Month Prevention Referrals for Q Reporting Month Significant Events: The Temecula Fire department responded to over 650 incidents located within and around the City of Temecula. This month a few of the Temecula stations worked with the prevention team on special events for community awareness. Item No . 21 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works / City Engineer DATE: October 24, 2017 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file the Public Works Department Monthly Report for Capital Improvement Projects, Maintenance Projects, and Land Development Projects. This report may also be viewed on the City's website at: http://temeculaca.gov/270/Capital-Improvement-Projects-CIP City of 9emecuCa DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT OCTOBER 24, 2017 CAPITAL IMPROVEMENT PROJECTS CIRCULATION PROJECTS Butterfield Stage Road Extension Phase III, PW15-11 Widening of Butterfield Stage Road from La Serena Way to Rancho Califomia Road, Description: which includes widening of Rancho Caltfomia Road to four lanes through the intersection of Butterfield Stage Road (Riverside County is a partner on this major circulation project). Cost $6,253,500 Status: Anticipate bidding this project in fall 2017. Butterfield Stage Road at La Serena Way—Traffic Signal Installation, PW1641 TS Description: Traffic signal installation at the intersection of Butterfield Stage Road at La Serena Way. Cost: $315,000 Status: Construction is near completion. Anticipate installation of traffic signal poles in November 2017. French Valley Parkway 1 Interstate 15 Improvements-Phase II, PW16-01 Design and construction of the two lane northbound collectoddistributer read system Description: the Interstate 1 Interstate 215 unction with connection to and 15nand Interstate 215. Cast $54,704,401 Currently in design phase. Work has begun on the environmental re-evaluation. Riverside County Transportation Commission (RCTC) has recommended Status: reprogramming of Surface Transportation Program (STP) Funds. The City is applying for the Nationally SlgnKlcant Freight and Highway Projects (INFRA) Federal Grant Fiscal Year 2017. City of 9emecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT OCTOBER 24, 2017 CIRCULATION PROJECTS - emflnved Interstate45!State Route 79 South Ultimate Interchange, PW04-08 Description: Construction of ramp system that will improve access to Interstate 15 from Temecula Parkway/State Route 79 South. Cost: $50,646,479 Status: Construction is ongoing. More detail can be found on the project website: www.1579South.info Murrieta Creek Bridge at Overland Drive, PW16-05 Description: Design and construction of a new bridge crossing over Munieta Creek between Rancho California Road and Winchester Road. Cost: $11,784,550 The City applied and was approved to receive Federal Highway Bridge Program (HBP) Status: funds. Anticipate receiving authorization to proceed with the design from Caltrans in fall 2017. Overland Drive Extension (Commerce Center Drive to West of Enterprise Circle), PW16-06 Construction of the extension of Overland Drive from Commerce Center Drive to uescnpuon: Enterprise Circle West Cost: $8,423,347 Construction Contract was awarded to Itaveh Engineering & Construction, Inc. at the Status: September 5, 2017 City Council Meeting. Anticipate construction will begin an November 13,2017. Pavement Rehabilltatlon Program— Margarita Road (Rancho California Road to Temecula Parkway), PW1241 Description: Rehabliitstlon of Margarita Road from Rancho Calllbmla Road to Temecula Parkway. Cost: $3,500,000 Status: Paving Is complete. Final Installation of striping and loops was complete In mid- October 2017. City of 9emecuCa DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT OCTOBER 24, 2017 CIRCULATION PROJECTS - conflnswd Pavement Rehabilitation Program— Pavement Management Program Update, PW17-02 Description: Review of all public roadways within the City, evaluating and updating existing Pavement Management Program software. Cost: $275,000 On June 13, 2017, City Council approved an Agreement with IMS Infrastructure Status: Management Services, LLC. Evaluation of City streets and compilation of data are ongoing. Pavement Rehabilitation Program— Residential Slurry Seal, PW17-03 Pavement rehabilitation of various neighborhoods including, Herveston, Avendale/Barclay Estates, Woodcrest Country, The Villages, Ridgeview, Promenade Description: Mall at Temecula, Costain Signet, Rancho Del Sal, Rancho Solana, Verano, Crowne Hill, and Wolf Creek, and the Industrial Area - Westside Business Park Dr. [four oommArrial xtrmft in thA nnrthwAxt sac hnn of thA C_ityl.and Wnif Crmk, Cost: $2,300,000 Status: Construction began an May 30, 2017 and is anticipated to be complete in October 2017. Pavement Rehabilitation Program—Winchester Road (Jefferson Avenue to Ynez Road), PW1043 Description: Rehabilitation of Winchester Road from Jefferson Avenue to Ynez Road Cost: $1,529,975 Status: On August 8, 2017, City Council awarded a construction contract to RJ Noble Company, Inc. Construction anticipated to begin In January 2018. Pechanga Parkway Widening, PW1544 Description: Widening of Pechanga Parkway between Via Gilberto and North Casino Drina. Cost: $5,000,000 Status: Anticipate bidding this project In fall 2017. Anticipate construction will begin In the first quarter of 2018. City of 9emecuCa DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT OCTOBER 24, 2017 CIRCULATION PROJECTS - conlMnued Traffic Signal Installation -Redhawk Parkway/Vail Ranch Parkway at El Chimisal Roadrrehachapl Pass, PIAI"i 5-09 Description: Installation of a new traffic signal at the intersection of Redhawk Parkway/Vail Ranch Parkway at El Chimisal/Tehachapi Pass. Cost: $295,000 City Council approved the Plans and Specifications, and Authorize the Solicitation of Status: Construction Bids at the September 5, 2017 City Council meeting_ Anticipate bidding this project in November 2017. Ynez Road Improvements, PW17-17 Widening Ynez Road from Rancho Vista Road to La Paz Street to two lanes in each I�{�1 WolWWE 1: d119YY41I, 011d WIi1F 1QU%A 1 W1 Viii 01111 a0V111W11La MI w1 Y %pia wwwaai, aim oinl an landscaped medians. Cost: $3,380,277 Status: Initiating planning and design. City of 9emecuCa DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT OCTOasR 24, 2017 INFRASTRUCTURE PROJECTS Americans with Disabilities Act(ADA) Transition Plan Upgrade, PW16-03 This project will update the American with Disabilities Act (ADA) Transition Plan Description: adopted by the City Council on September 12, 1995. Public facilities, programs, and right of ways will be evaluated. Cost: $327,570 The consultant, Owen Group, Inc., is currently preparing a comprehensive accessibility Status: compliance evaluation of all City facilities (i.e., rights of way and buildings), as well as all City programs (services, activities, employment practices and communications impacted by ADA regulations). Anticipate Final Report by end of 2017. Citywide Streetlight Acquisition and Light Emitting Diode (LED) Retrofit, PW1748 Phase I of this project is to purchase the Southern Califomia Edison (SCE) owned rMsacrintion, streetlights within the City's boundary, including the light poles, mast arms, and light ---°'�--"' fixtures. Phase II of this project includes retrofitting the purchased lights with a Light Emitting Diode(LED)lighting system. Cost: $8,172,144 Agreements have been fully executed and the Application for Filing with the California Status: Public Utilities Commission (CPUC) is in progress. CPUC approval is anticipated in early 2018. Interstate 15 Branding and Visioning - Conceptual Landscape Corridor Plan, PW1749 Landscape beautification of the Interstate 15 corridor between French Valley Parkway Description: and Temecula Parkway, including each interchange, in association with Visit Temecula Valley. Cost: $100,000 Status: Initiating planning and design. Library Parking— Phase II, PW13-09 Description: Design and construction of an expansion of the current on-site parking facility. Cost: $2,908,924 Status: Design Is ongoing. Anticipate bidding this project in full 2017. City of 9emecuCa DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT OCTOBER 24, 2017 INFRASTRUCTUM PROJECTS - contfnveal Main Street Property Improvements, PW17-20 Site improvements on parcels adjacent to the Temecula Community Theater and Description: Pennypickles Workshop to include general plumbing and electrical relocations and repairs, installation of landscaping and various hardscape components. Cost: $200,000 Status: Currently under construction. Anticipate completion by the end of October. Margarita Recreation Center, PW17-21 Construction of a new recreation center in Margarita Community Park in place of the former YMCA building. May include demolition of the existing building and pool to Description: construct a new 6,000 square foot building,as determined by a feasibility study. Phase II includes the design and construction of an expansion of the current on-site parking facility. Cost: $4,882,963 Status: Community Needs Assessment Is being prepared. OIY TVAm PQ,R�IV pY U%,LYr G, P r I7YL Design and eventual construction of a new parking structure In Old Town. The Old Description: Town Parking Management Plan outlines a number of parking strategies that can be Implemented In Old Town over time. Cost: $1,000,000 Status: Initiating planning and site selection. Sidewalks— Citywide (Third Street), PW17-22 Description: Curb and sidewalk improvement on the northerly side of Third Street, between Old Town Front Street and Mercedes Street. Cost: To be Determined Stags: Initiating planning and design. City of 9emecuCa DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT OCTOBER 24, 2017 INFRASTRUCTURE PROJECTS - continued Sidewalks-Old Town Boardwalk Enhancement, PW17 23 Description: Establish programs to remove boardwalk plank boards and replace them with colored concrete sidewalks. Cost: $850,000 Status: Currently scoping a portion of the work to utilize CDBG program funds. Anticipate bidding in fall 2017. Sidewalks -Old Town Improvement Project, PW15-06 This project is on the east side of Old Town Front Street from South Moreno Road to Description: North Moreno Road, and south side of Fifth Street from Mercedes Street to Old Town Front Street This project will provide walking surfaces for pedestrians. Cost: $285,150 Status: This project was completed in September 2017. Sidewalks -Old Town Improvement Project, PW17-04 Description: This project is on the east side of Mercedes Street from Sam Hicks Park to Fourth cktrmt Thin nmlwr!t will nmAde walking sulfmas fvr pedestrians. ., r..�..�. .r...... Cost: $220,520 Design is ongoing. Anticipate requesting approval of the Plans and Specifications,and Status: authorization to sollck construction bids at the November 14, 2017 City Council meeting. Sidewalks -Sixth Street Improvements, PW17-05 Description: This Street d Mary Phillips sidewalks e an the east side of Sixth Street between Cost: $82,557 Design is ongoing. Anticipate requesting approval of the Plans and Specifications,and Status: authorization to solicit construction bids at the November 14, 2017 City Council meeting. City of 9emecuCa DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT OCTOBER 24, 2017 INFRASTRUCTURE PROJECTS - confim ed Sidewalks—Ynez Road, PW17 22 Description: New sidewalks on the east side of Ynez Road between Winchester Road and County Carrier Drive. Cost $137,587 Design is ongoing_ Anticipate requesting approval of the Plans and Specifications,and Status: authorization to solicit construction bids at the November 14, 2017 City Council meeting. Temecula Children's Museum — Roof Rehabilitation, PW16-02 (City Facilities Rehabilitation) Description: This project consists of the roof removal and replacement. Cost $200,000 Status: Construction is essentially complete. Temecula Park and Ride, PW06-09 Description: Design and construction of a park and ride facility in the vicinity of Temecula Parkway and La Paz Street. cost $2,784,093 Status: Anticipate bidding this project In mid-October 2017. Construction Is scheduled to begin In January 2018. Teen Village, PW17-23 n..-1-- ...a ........�.. ..� '2 v'bn .....�..,,.. R....� Description: Lemp a��u `''"n s of 6,820 aqua,a , centre building � e Community On Carrier In Ronald Reagan Sports Park. Cost $8,667,930 Status: Initiating planning and design. City of 9emecuCa DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT OCTOaeR 24, 2017 PARKS AND RECREATION PROJECTS Fallen Heroes Memorial, PW17-07 Construct a memorial to the fallen heroes of our community representing all service Description: branches of the military. The memorial will be located at the Temecula Duck Pond park site adjacent to the Veteran's Memorial and paver walkway. Cost: $150,000 Plans and Specifications and authorization to solicit bids was approved at the Status: September 26, 2017 City Council meeting. Anticipate bidding this project in October 2017. Patricia H. Birdsall Sports Park Synthetic Turf Enhancement, PW1 S-D8 Description: Replacement of the synthetic turf and infdl material at each of the four synthetic turf sports fields. Cost: $1,678,411 Status: This project was completed in early October 2017. Public Restroom Renovations, PW17-06 Renovation of various park site restroom facilities, including Ronald Reagan Skate Description: Park, Patricia H. Birdsall Sports Park, Paloma Del Sal Park, Temeku Hills Park, and Herveston Lake Park. Cost: $347,800 Status: Initiating planning and design. Sam Hicks Monument Park Playground Enhancement, PW12-20 Description: Design and construct a new Innovative play area to replace the existing equipment Cost: $648,858 Status: Currently on hold. City of 9emecuCa DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT OCTOasR 24, 2®17 LAND DEVELOPMENT OVERSIGHT OF PROJECTS Costco Parking Lot Project: Private Contractor Status: Gas Station Entrance and Parking Lot Redesign. Anticipate work will be completed in October 2017. Diaz Road and Avenida Alvarado Project: Southern California Edison(SCE) Status: Installation of facilities and dry utilities. Anticipate completion in October 2017. Diaz Road and Dendy Parkway Project: Rancho Califomia Water District(RCWD)1 Dendy distribution Center Status: Work to include water line tie-ins. Anticipate completion in October 2017. Jefferson Avenue -Rancho California Road to North City Limits Project: Southern California Gas Company Pipeline Survey Status: Work includes testing pipeline current. Anticipate completion in November 2017. Nicolas Road at Via Lobo Project: Nicolas Heights(Lennar Homes) Status: Road paving by private contractor. Anticipate completion in October 2017. City of 9emecuCa DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT OCTOBaR 24, 2®17 LAND DEVELOPMENT OVERSIGHT OF PROJECTS (corrtinued) Rancho California Road West of Diaz Project: Eastern Municipal Water District Status: Paying work by private contractor. Anticipate completion in October 2017. Rancho California Road and Lyndle Lane Project: Aldi Food Market Status: Traffic signal, median and waterline work. Gutter work at entrance to parking lot. Intermtttent lane closures. Anticipate completion in October 2017. Rancho California Road- Margarita Road to Jefferson Avenue Project: Southern California Gas Company Statue: Work by Southern California Gas Company to test pipeline current. Anticipate completion In November 2017 Rancho California Road and Moraga Road Project: Highgate Senior Center Status: Work by a private contractor, including installation of sidewalk,curb and gutter,water main tie-in and signals. Anticipate completion in October 2017. Temecula Parkway and La Paz Street Project: Gateway to Temecula Status: Work by a private oontraotor. Work hours are 9:00 am to 2:00 pm. Intermittent west bound lane restrictions. Anticipate completion in October 2017. Vallejo Avenue,West of La Paz Street Project: Hope Lutheran Church Statue: Final paving work. Anticipate completion in October 2017. City of 9emecuCa DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT OCTOBER 24, 2O 1 7 LAND DEVELOPMENT OVERSIGHT OF PROJECTS (continued) Vallejo Avenue(La Paz Street to approximately Cabo Street) Project: Private Contractor(HOA) Status: Intermittent single lane closures for installation of horse trail on south side of Vallejo Avenue. Anticipate completion in October 2017. Via Norte I Calle Medusa I Calle Pina Colada and Del Rey Road Loop Project: Southern California Edison (SCE) Status: Installation of dry utilities and facilities. Anticipate completion October 2017. Ynez Road and Santiago Road Project: Southern California Edison (SCE) S MS: Installation or utility vault. Anticipate completion October 2017. City of 9emecuCa DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT OCTOBER 24, 2017 MAINTENANCE PROJECTS Homeless Encampment Cleanup Services Provide turnkey homeless encampment site cleanup within the City limits with the goal Description: to keep waterways, parks, and public space free of encampments to protect the environment and provide safe use of public areas. Cost $100,000 SLOWS: An Agreement with Rene B. Martinez, Sr. dlbla Rene's Commercial Management was approved at the August 22,2017 City Council meeting. Margarita Park Splash Pad Landscape Improvements (Parks Improvement Program) Description: Install shade structures and improve landscape area surrounding Splash Pad to provide more useful space for park patrons- Cost $50,000-$75,000 Project design phase completed. Curently requesting competitive bids. Anticipate Status: bidding the constriction phase in fall 2017. Anticipate project completion in March 2018. Parks Non-Functlonal Turf Grass Replacement Project Convert approximately 110,000 square feet of non-functional turf grass to a drought Description: tolerant Califomle friendly landscape. Sites include Veterans Park, Temecula Duck Pond Park, Meadows Park and Patricia H. Birdsall Sports Park. Cost $150,000 Applications for turf conversion grant has been submitted to Rancho Calftmia Water SLOWS: District (RCWD) for $1.00 per square That to cover costs. RCWD issued Notice of Awards for the Temecula Duck Pond Park, Meadows Park and Patricia H. Birdsall Sports Park. Anticipate project completion April 2018. City of 9emecuCa DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT OCTOBER 24, 2017 MAINTENANCE PROJECTS (continued) Patricia H. Birdsall Park Playground Surfacing Replacement Description: Replace ageing playground rubber resilient surfacing. Cost: $130,000 Status: Completed in September 2017. Playground Equipment Enhancement and Safety Surfacing Description: Replace aging gS'f ga�mVsd Ranch Park Psrlc�Veta�acisai safety (Nicolas Park, Cost: $1,000,000 Anticipate completion of Butterfield Stage Park in November 2017. Anticipate Status: completion of Nicolas Road Park in December 2017. Anticipate completion of Vail Ranch Park,Veterans Park,and Sunset Park in January 2018. REQUEST TO SPEAK FORMS and HANDOUTS City Council Meeting 10/24/17 REQUEST TO SPEAK CITY OF TEMECULA l Date: 10 I wish to speak on: 0 Public Comment Circle One: CITY COUNCIL/CSD/SARDA I THA/TPFA Subject: �� �VL(rfrn/lP 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. 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: UkN%1,yy%-k- Phone Number: Address: Email address: lla V\ncant 2� VVv5 V1 - e-vy\/\ 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 wxv CITY OF TEMECULA �rt Date: I wish to speak on: Public Comment Circle One: CITY COUNCIL/ rCrSD/SARDA/THA/TPFA Subject u 0A)�v'T� C) NI?4L°V�A7tCe� Agenda Item No. j For I NI Against r7 Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk 2LLqf 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: Sc,^1Z TQ (J/1 f Phone Number: Address: Email address: S C-c) h - fi r2cir+^� �i Ca ro'�\cW , 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. Santa Margarita River Water Quality Improvement Plan w x l t1 Temecula City Council October 24, 2017 Introductions 0 Darcy Kuenzi, Gov't Affairs Officer & Richard Boon, Sr. Planner Riverside County Flood Control and Water Conservation District Purpose & Background Provide transparency and share information Build working relationships Answer questions Watershed Planning = Overview 2 year development process Public participation requirement Collaborative process Consultation Committee • Mandated interim deliverables Phased approach Santa Margarita River WATER QUALITY IMPROVEMENT PLANS a N THE SAN DIEGO PERMIT AREA sour" ORANGE coum d s I� —.r u�w.oe casr. FWD- SAN LUIS REY RIVER... �wvn�uowm ., uooal a CARLSBAD k±-- il Slh r"o '7yq Os eE ¢ E n�arvc oceu `'�. SAN OEGO RIVER,,-, - 8 SIGN BAY 1 TUUANA RIVER fAN DIEGO BAY / W q,o Ca 5 N is M wy�o SSUS Santa Margarita Watershed Management Area 4, Receiving Waters hq .Y M Highway i State Road OSMR Watershed Managment Area `) "" MENIFEE Nc I '_ — — County Border V 7e i 5 waoOKAR YY .Y a � 71 7EMEGUf.A ., To Riverside County. San Diego County 76 w MU o...m e. 7e ,� 9ourwa Efn.HERE.OaLo ,USGS.Mumep.mcidnurq P .NRCAN.Etn Japan Ti E>•, 1380.000 Chino IHUnY%CLOx Em IThrlandl.MapmylMr.00penSb mmrllhftora.ane the Gl +r! CanmuM1ry Y'.1C1�D7_/gi.1 2 wad Urban Runoff Impacts To Santa Margarita River R = T �L Hydrologic Changes Channel Modification Pollution Degraded Ecology Causes '. _ .. Imperviousness Drainage Disposal Nonstormwater Discharges Credit: Askarizadeh et al., 2016 Responsible Agencies City of Menifee City of Murrieta City of Temecula City of County of County of San Wildomar Riverside Diego Riverside County Flood Control Watershed Planning Phase III Phase I B. 2 . • 3 . • Water • Goals • Monitoring Quality • Strategies • Assessment Assessment • Schedules • Adaptive • Prioritization • Sources Management • Sources . WMAA • Potential Strategies Priority Water Quality Conditions Description Priority Condition . . . Extent Eutrophication Eutrophication Dry Nutrients from Fertilizer Dry and Wet Toxicity Observed Toxicity Dry and Wet Physical Habitat Erosion/hydromodification or Wet physical habitat impacts Trash Nuisance Conditions Dry and Wet Recreation Indicator bacteria concentrations Dry and Wet Water Supply Iron and Maganese Dry and Wet Agricultural Supply Total Dissoved Solids Dry and Wet Strategies & Goals C . Goal : Water Quality Standards Enhanced City Program (and/or) Targeted Implementation �, Expansion Adaptation Additional City Programs/Projects (and/or) � Enhanced Street Sweeping Low Impact Development Best Management Practices r R Additional Watershed Projects Regional Basins C 10 J � � Stream Rehabilitation l J Best Management Practices `rte* :�- rar F r _ CLEAN UP AFTER YOUR PETS Covered Storage Pervious Surfaces Infiltration Source Control TY C e • Y 1 Landscaping Street Sweeping Channel Rehabilitation Progress to Date • Prioritization, Potential Strategies • Consultation Committee — Sept 2016 • Revisions and Draft Submittal to Regional Board — Jan 2017 • Regional Board Comments — March 30, 2017 • Goals, Strategies, Schedules • Draft Goals and Strategies Identified C • Consultation Committee — TODAY • Submittal to Regional Board — July 7, 2017 • Monitoring and Assessment • Adaptive Management Final Submittal — January 2018 Summary WQIP Is Required For Compliance With Municipal NPDES Permit. WQIP Is Focused On Priority Water Quality Conditions Of Concern . WQIP Establishes Enforceable Goals And Milestones. WQIP Will Be Adaptively Managed . Costs Likely to increase . Questions? Thank you for your time and attention. For More Information contact: Patrick Thomas, Director of Public Works City of Temecula Patrick.Thomas @TemeculaCA.gov Phone: 951-506-5163 Stuart Kuhn, Associate Engineer II City of Temecula Stuart.Kuhn @TemeculaCA.gov Phone: 951-308-6387 Richard Boon, Senior Flood Control Planner Riverside County Flood Control & Water Conservation District rboon @rivco.org Phone: 951-955-1330 Santa Margarita Watershed D,\ Water Quality Improvement Plan (WQIP) ■RTr RiRrp rRpirCTipN Frequently Asked Questions 1. What is an MS4? MS4 stands for Municipal Separate Storm Sewer System and is defined as a conveyance or system of conveyances that includes roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, and storm drains owned or operated by a State, city, town, borough, county, or other public body created by or pursuant to State law. An MS4 discharges to waters of the United States, is designated or used for collecting or conveying stormwater, is not a combined sewer,and is not part of a Publicly Owned Treatment Works to treat wastewater. (Order R9-2013-0001, An C) 2. What is the MS4 Permit? The Municipal Separate Storm Sewer System (MS4) Permit (Order 119-2013-0001) is a regulatory tool used by the Regional Water Quality Control Board (RWQCB) to regulate stormwater and non- stormwater discharges into MS4s and from MS4s into receiving waters. The MS4 Permit defines the regulatory obligations that agencies must meet to remain in compliance with the permit and avoid enforcement actions. MS4 Permits are issued to municipalities as owners of the MS4 and are renewed approximately every five years. 3. What is the goal of the Permit and standards to achieve this goal? The overarching goal of the Permit is to protect water quality and designated beneficial uses' of waters of the state from adverse impacts caused or contributed to by discharges from MS4s (Order R9-2013-0001). Copermittees (i.e., agencies regulated by the MS4 Permit) are required to implement water quality improvement strategies and runoff management programs to meet two standards: a. Non-stormwater discharges will be effectively prohibited from entering the MS4,and b. Pollutants in stormwater will be reduced to the maximum extent practicable. 4. What are the municipalities' responsibilities under the MS4 Permit? The primary responsibility that municipalities have to comply with the MS4 Permit is to reduce or eliminate the pollutants entering and leaving their storm drain systems so the discharges do not contribute to pollution of receiving waters. This is accomplished through management of three main areas: land use planning (including new development and redevelopment); construction; and existing development (including municipal, industrial, commercial, and residential areas and activities). The approaches used to regulate these sectors have been developed by individual jurisdictions over the past 15-20 years of regulation under MS4 Permits and are described in the agencies' Jurisdictional Runoff Management Plans(JRMPs). Beneficial Uses are defined as the uses of water necessary for the survival or wellbeing of man,plants,and wildlife. These uses of water serve to promote tangible and intangible economic,social,and environmental goals. Examples of beneficial uses include domestic,municipal,agricultural,and industrial supply;recreation;navigation;and preservation of aquatic resources. (Order 119-2013-0001,An C) Designated beneficial uses associated with receiving waters in the San Diego Region are defined in the Water Quality Control Plan for the San Diego Basin. See htti)://www.swrcb.ca.2ov/sandieao/water issues/pro grams/basin plan/index.shtml. Santa Margarita Watershed 0- - 1101F Water Quality Improvement Plan (WQIP) WA/FNSNrD VN919CTIDN S. What are Water Quality Improvement Plans(WQIPs)? The MS4 permit includes a requirement to develop a WQIP to help identify and prioritize water quality conditions within watersheds and outline adaptive strategies to address those priorities. The WQ[Ps are intended to guide modifications to Copermittees JRMPs to support achieving the outcome of improved water quality in MS4 discharges, thereby improving water quality in receiving waters. This will be accomplished through the identification of priority water quality conditions specific to the watershed, development of water quality improvement goals and schedules, and the development of jurisdictional strategies (including implementation schedules) to address the watershed specific priorities. WQIPs will also include monitoring and assessment strategies to provide feedback on progress and drive adaptive management of strategies and implementation. 6. How are WQIPs related to JRMPs? The JRMPs outline the programs and strategies to be implemented by the Copermittees to meet all MS4 permit requirements. The WQIP development process was designed to facilitate prioritized, strategic planning at the watershed scale to drive focused adaptation and implementation of JRMPs. However, the MS4 permit requires a baseline level of activities to be included in the JRMP, regardless of watershed priorities. The WQIP provides a structure to allow Copermittees flexibility, in some cases, to modify these baseline programs to best accomplish watershed specific goals. For example, current efforts may be refocused on specific pollutants or geugraphical locations, depending on the highest priority water quality conditions in each watershed. However, the Copermittees will continue to implement baseline programs and other activities to ensure compliance with all MS4 permit provisions. 7. What are Total Maximum Daily Loads(TMDLs)and how do they Tit into the MS4 Permit and WQIP process? TMDLs are planning documents that may be developed when multiple sources of a pollutant are causing or contributing to exceedances of a water quality objective in a waterbody. The TMDLs determine the amount of a pollutant that can be discharged by each source to result in the waterbody meeting water quality objectives. The allowable amount of discharge from each source is called an allocation in the TMDL. The TMDLs are adopted into the Basin Plan, but must be incorporated into permits or other orders to define the requirements that the discharger must meet to be in compliance with the TMDL allocation.TMDL requirements are included in Attachment E of the Permit. Since TMDLs are designed to address an existing impairment to which MS4 discharges have been identified as contributing, in most cases, the TMDLs will drive the priority water quality conditions within a watershed. The TMDL development processes result in numeric targets, schedules, and implementation plans, all of which would be considered in development of the WQIP. For pollutants or watersheds without TMDLs, the WQIP process may serve to avert a TMDL by effectively addressing the highest priority pollutants through a process of goal setting, scheduling, and BMP implementation designed to improve the identified water quality condition(s). S. Are there other sources of pollutants within the watershed that may be causing water quality problems that are not regulated under the MS4 Permit? How are these controlled? There are many types of discharges that can contribute to pollution in a watershed which are outside the control of municipalities. In these cases, the Copermittees lack the legal authority to regulate the sources of pollutants influencing water quality. Potential sources of pollutants outside of Copermittee's j urisdiction include: 0 Santa Margarita Watershed Water Quality Improvement Plan (WQIP) WATSSSNSO ISOTSCTIO* • Phase II Permittees — Large campuses (e.g., school districts, colleges, hospitals) are regulated under a separate Phase lI Stormwater Permit issued by the SWRCB. Provisions of the Phase II Stormwater Permit are enforced directly by the RWQCB. • Tribal Nations—Discharges from sovereign nations are regulated directly by the US EPA. • Agricultural Lands—Discharges from agricultural lands are regulated by the RWQCB through a Conditional Agricultural Waiver. • State and Federal Lands — Discharges from state and federal lands are regulated directly by the US EPA or the RWQCB depending on the discharge. • Municipal Wastewater, Recycled Water. and Publicly Owned Treatment Works — Discharges of wastewater are regulated by separate Waste Discharge Requirements (WDRs) issued by the RWQCB.The WDRs are enforced directly by the RWQCB. • Groundwater — Significant discharges of pumped groundwater are regulated under discharge permits issued by the RWQCB. • Industrial Sites — Some industrial sites are regulated under the Industrial General Permit (IGP) issued by the SWRCB. Enforcement of provisions in the IGP is the responsibility of the RWQCB. However, there is some overlap with the MS4 permit, as industrial sites are subject to Copermittee requirements, such as inspections, under the existing development provisions in the MS4 Permit. • Construction Sites — Larger construction sites (>I acre) are regulated under the Construction General Permit (CGP) issued by the SWRCB. Enforcement of provisions in the CGP is the responsibility of the RWQCB. However, there is some overlap with the MS4 permit, as construction sites are subject to Copermittee requirements, such as inspections, under the construction provisions in the MS4 Permit. • Aerial Deposition — Studies have demonstrated that aerial deposition can contribute various pollutants (including nutrients and metals)to land surfaces, which are then washed off into MS4s and receiving waters during rain events. These sources are regulated by the Air Pollution Control District and are outside the purview of Copermittee regulation via the MS4 Permit. • Natural Sources — Natural sources of pollutants within the watershed often contribute to water quality degradation and are beyond regulatory control. Natural sources of pollutants may include wildlife, natural erosion,minerals associated with local geology, groundwater,and others. 9. How are these other watershed sources considered in the WQ[P? The WQIP is a requirement of the MS4 permit that provides a mechanism to help jurisdictions prioritize actions to address MS4 discharges in the context of watershed conditions. However,the WQIP is specific to MS4 discharges and does not address other sources of pollution in the watershed. Additionally,though the WQIP considers watershed conditions and priorities,it must do so in the context of meeting the obligations of MS4 discharges. As a result,the water quality priorities addressed by the WQIP will be based on the impacts of MS4 discharges on receiving water beneficial uses. no II ' Up Tme oLume EXPANDING LOCAL WATER SUPPLIES WITH WA9 41 R CALIFORNIA . , sourn:en FOUNDATION .� caEi oenln wniFn I'"i '9N MliiEF SOUTHERN CALIFORNIA NEEDS MORE LOCAL WATER SUPPLIES Here in Southern California, impacted habitats are further California's water use has water for our homes, businesses reducing the reliability of these remained essentially the same, and farming operations comes major delivery systems. despite adding approximately from many sources.Some close, We need to invest in statewide three million people to its some far away like the Colorado actions to improve reliability population. River and the Sacramento- � San Joaquin River Delta.In of our imported water In the coming years,Southern — fact,approximately 1/2 of our supplies.Concurrently,we California water agencies region's water comes from need to develop more local will meet the demands of water supply options here in population growth through imported sources.However, Southern California.We've additional conservation those imported water supplies are increasingly unreliable and made significant progress thus efforts and new local supply rising in cost.Climate change, far with conservation.During projects,such as recycling and aging infrastructure and the past 20 years,Southern stormwater capture. 10 Billions of gallons STORMWATER IS AN of freshwater are UNDERUTILIZED RESOURCE lost every year It's a basic idea:When it rains, flows down our streets and Those inland counties also we need to be able to capture rushes through concrete experience high storm flows because we don't that water,store it and then canals,picking up all kinds of through their rivers,often use it later.Today, about debris and chemicals along creating significant flooding, yet have enough half the water from rain that the way,ultimately polluting mudslides and hazards as the could be used to replenish Southern California's streams, water pulses towards the ocean. groundwater basins and rivers and ocean. stormwater Residents are doing their part increase local water supplies And,it's not just a coastal clean to promote sustainability, ends up turning into polluted beach or water quality issue. installing rain barrels and roof capture systems stormwater runoff. Six Southern California counties capture systems,replacing I n place. In highly developed urban would benefit from better concrete and asphalt with more areas,the water simply stormwater management- porous materials and paving has nowhere to go. Unable Ventura, Los Angeles,Orange, stones,and implementing to infiltrate through hard Riverside,San Bernardino and stormwater"friendly" pavement, the stormwater San Diego. landscape designs and rain gardens.Local governments I,R f are building neighborhood IN THIS DRY CLIMATE, park and rainwater harvesting projects that are helping WE NEED TO prevent flooding and pollution. ` MAKE THE MOST OF OUR And,water agencies,cities EXISTING WATER SOURCES and counties are collaborating on large-scale infrastructure AND USE THEM AS projects that capture large quantities of stormwater to EFFICIENTLY AS POSSIBLE. replenish our groundwater basins and surface reservoirs. YS x� STORMWATER . i�/i A K i In addition to promoting sustainability,capturing stormwater A S is an important tool that statewide water managers are eager to implement given the clear benefits. AND Approximately 500,000 acre-feet of stormwater is currently SENSIBLE captured and recharged into Southern California groundwater basins in an average year.That's enough water to supply three y million people for a year,or satisfy the water supply needs of SOLUTION San Diego,Anaheim, Riverside,Santa Ana and Long Beach combined. And,we can do even more. Capturiny liUrmwatel gives public vv.tef agencies access to additional, local wale, It's a common sense solution. supplies that will help meet the demands of a growing population and provide emergency local supplies Capture stormwater when to help offset future droughts or disruptions of our imported supplies. flows run high-reuse it in your Create more local water supplies By implementing additional stormwater projects in the Southland,we could potentially double the garden, reroute it to prevent amount of stormwater captured in an average year,significantly enhancing local supplies and reducing neighborhood flooding,bank reliance on imported sources. it in a surface reservoir or Reduce polluted runoff infiltrate it into a groundwater Each year, an average of 30 billion gallons of stormwater and urban runoff move through Los Angeles County's storm drains and river systems.This runoff flows over urban surfaces and picks up garbage, basin and save it for a future bacteria and other contaminants.Capturing stormwater can help prevent this polluted water from moving through our rivers,streams and ultimately to our beaches and ocean. dry day.Capturing stormwater Provide a cost-effective water supply option is viable,cost-effective and Stormwater capture is a cost-effective new supply for Southern California's water supply portfolio. environmentally responsible. Adding another source that can help improve the reliability of supply and stability of water costs. MORE STORMWATER MANAGEMENT SYSTEMS WILL ALLOW US TO 44b:4b 4b RECHARGE GROUNDWATER BASINS, PROVIDING VITAL LOCAL WATER SUPPLIES FOR HOMES AND BUSINESSES ACROSS SOUTHERN CALIFORNIA ev R 4.� + +tj The development of regional, consensus-based strategies for effective stormwater $t♦ management is a priority for the Southern California Water Committee and the California Water Foundation—we've seen some early successes, but there's more to do. Expanding on existing information,collaborating with public and private organizations across the region and investing in projects that have proven to be feasible and efficient are all sensible goals. Moving the needle on local water supplies though will take foresight,collaboration and commitment from our local, regional t ` and statewide leaders.As we work to identify stormwater management projects and potential funding opportunities,we encourage you to learn more and become part of the solution. + a SUCCESSFUL PROJECTS ALREADY IN PLACE Public water agencies,flood control districts,cities and counties throughout Southern i-+-F ,+ California have been successfully constructing stormwater projects that reduce pollution, e.<-.♦-s sy.T prevent flooding,recharge groundwater basins and help fill surface reservoirs.From turning traditional blacktop parking lots into porous asphalt that will usher water into underground storage,to transforming an old landfill into a public park that doubles as a stormwater infiltration system, local governments and a ; communities are creating innovative + stormwater capture projects that help increase water supplies, y. reduce flooding and clean up our waterways. »r INDIVIDUAL NEIGHBORHOOD LARGE-SCALE RAIN SUN VALLEY PRADO GARDEN PARK PROJECT DAM •A rain garden allows •Reduced neighborhood flooding •Storing stormwater behind 30% more water to seep into the by capturing stormwater for the dam in Riverside County ground than a conventional lawn groundwater recharge for percolation into the -The native plants used in rain gardens •Water percolates into aquifers Santa Ana River require less water and less fertilizer underneath playing fields • Increasing water supply reliability than conventional lawns •Sun Valley Park in Los Angeles County for residents and businesses can capture enough water for 60 families for one year PUMP UP THE VOLUME is a public education program developed by the Southern California Water I F O R N I A Committee and sponsored by the California Water Foundation. WATER PHOTO CREDITS:Rain barrel and Sun Valley Park courtesy of TreePeople;rain garden courtesy of GardenSoft,Prado Dam courtesy of Patrick Huber FOUNDATION FOR MORE INFORMATION,please visit www.socalwatecorg and www.californiawaterfoundation.org. ¢�narz,wxerauenw Subject: FW: City Council Meeting of October 24, 2017 -- Item 18 From: Randi Johl<randi.iohl@temeculaca.eov> Date: October 24, 2017 at 9:05:21 AM PDT To: Ira Robinson <ilresgC@verizon.net> Cc: Martha Howard <latinaarc@amail.com>,Tami Sims<tamisims @email.com> Subject: Re: City Council Meeting of October 24,2017-- Item 18 Thank you Ira. Your correspondence is received for the record. Sent from my Whone On Oct 23, 2017, at 11:28 PM, Ira Robinson<ilresg@verizon.net>wrote: Dear Madam City Clerk, Unfortunately, I will not be able to attend the October 24, 2017 City Council meeting. However, I would like to submit the following brief comments for the record in connection with Item 18 on the agenda. That item addresses homelessness in the City and proposes administrative procedures and an Ordinance to address that concern. 1. It is noted that the materials provided on line in connection with this item are fairly voluminous — making it difficult for anyone to conduct any meaningful review and analysis of the situation, or the measures proposed to address it. Given that the agenda materials were likely produced by or for the City and staff over many days, if not weeks, I believe requiring stakeholders or other interested persons to master them in a matter of hours would be fundamentally unfair. As you know, the Agenda Report for Item 18 covers nearly 3 pages; the proposed Administrative Procedure is 19 pages in length; and the proposed Ordinance goes on for 14 pages. 2. 1 believe that measures of the type proposed at Item 18 should only be considered at a public hearing after adequate prior notice (accompanied by access to the relevant materials), has been provided to the public, in general; and to stakeholders (including private agencies, 1 churches, other organizations and homeless persons), in particular. 3. Although there has been no opportunity to review, commission or conduct legal research regarding the proposals presented, I have a strong suspicion that much that has been proposed will not easily pass Constitutional muster. At the very least, the measures proposed, if not fully and carefully vetted will likely be seen as an attempt by the City to criminalize homelessness and marginalize the homeless. n. As we all know, there are already laws and ordinances on the books that can be used by the City to address any homeless related concern that currently needs to be addressed. Recommendation: Based on the foregoing ,(not to mention all that more time for further analysis might yield), it is respectfully recommended and requested that the Council defer action on this matter until the City, working in conjunction with stakeholders, citizens and others, has fully reviewed the matter of homelessness in Temecula, assessed the effectiveness of the measures currently taken by the City and others, determined whether and what further actions to support or assist are need -- and actually taken those actions. Perhaps a study group could help in that effort. After all of the foregoing steps have been taken, it would seem that the city would then be in a better position to responsibly determine what, if any, further measures to address the situation are required. At the moment, it does appear that the cart is before the horse. Thank you, Ira Robinson Temecula z