Loading...
HomeMy WebLinkAbout092518 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 SEPTEMBER 25, 2018 – 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: 1. CONFERENCE WITH LEGAL COUNSEL—PENDING LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) with respect to three matters of pending litigation: (1) Center for Biological Diversity, et al. v. City of Temecula, et al., Riverside County Superior Court Case No. RIC 1800858; (2) Endangered Habitats League v. City of Temecula, et al., Riverside County Superior Court Case No. RIC 1800886; and (3) Southern California Association for Law and the Environment(SCALE) v. City of Temecula, et al., Riverside County Superior Court Case No. RIC 1801139. 2. CONFERENCE WITH LEGAL COUNSEL—PENDING LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) with respect to one matter of pending litigation: City of Temecula v. JA Plaza, LLC and Temecula Meds, Riverside County Superior Court Case No. MCC1800578. 3. CONFERENCE WITH LEGAL COUNSEL–ANTICIPATED LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) regarding the initiation of litigation with respect to four potential cases. Next in Order: Ordinance: 18-08 Resolution: 18-63 CALL TO ORDER: Mayor Matt Rahn Prelude Music: Luke Feng Invocation: To Be Announced Flag Salute: Mayor Pro Tem Mike Naggar ROLL CALL: Comerchero, Edwards, Naggar, Stewart, Rahn 1 PRESENTATIONS/PROCLAMATIONS Presentation of Proclamation for White Cane Awareness Day Presentation of Proclamation for National Dyslexia Awareness Month Presentation of Proclamation for Because Nice Matters Week in Temecula 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 September 11, 2018 RECOMMENDATION: 2.1 That the City Council approve the action minutes of September 11, 2018. 2 3 Approve the List of Demands RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 18- 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 July 31, 2018 RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as of July 31, 2018. 5 Adopt Ordinance 18-07 Amending Section 2.40.100 of the Temecula Municipal Code Relating to Compensation for City Commissioners and Board Members(Second Reading) (At the Request of Mayor Rahn and Mayor Pro Tempore Naggar) RECOMMENDATION: 5.1 That the City Council adopt an ordinance entitled: ORDINANCE NO. 18-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.40.100 OF THE TEMECULA MUNICIPAL CODE RELATING TO COMPENSATION FOR CITY BOARD AND COMMISSION MEMBERS 6 Appoint Members to the Community Services Commission and Public/Traffic Safety Commission RECOMMENDATION: 6.1 That the City Council appoint Cecilie Nelson and Zak Schwank to the Community Services Commission and Robert Nagel to the Public/Traffic Safety Commission. 7 Approve an Agreement with In The Mix Sound, LLC for Replacement of the Old Town Temecula Community Theater's Audio System RECOMMENDATION: 7.1 That the City Council approve an Agreement with In The Mix Sound, LLC, in the amount of $103,000, for the replacement of the Old Town Temecula Community Theater's Audio System. 3 8 Approve the Purchase of the Fiscal Year 2018-19 Software Support and Maintenance for Tyler Technologies Suite of Products RECOMMENDATION: 8.1 Approve the purchase of software support and maintenance for the Tyler Eden Financial Systems Suite, in the amount not to exceed $46,480; 8.2 Approve the purchase of software support and maintenance for the Tyler EnerGov Permitting System, in the amount not to exceed $86,096; 8.3 Authorize the City Manager to approve a contingency in an amount not to exceed $13,258, which is equal to 10% of the total amount. 9 Approve an Agreement with Environmental Science Associates for an Initial Study and CEQA Analysis for Paseo del Sol Tentative Tract Map RECOMMENDATION: 9.1 That the City Council approve an Agreement with Environmental Science Associates, in the amount of $72,795, for an Initial Study and CEQA Analysis for Paseo del Sol Tentative Tract Map. 10 Approve an Agreement for Consultant Services with LaBelle Marvin, Inc., for the Fiscal Year 2018-19 Citywide Slurry Program, PW18-09 RECOMMENDATION: 10.1 Approve an Agreement for Consultant Services with LaBelle Marvin, Inc., in the amount of $74,600, for materials testing services for the Fiscal Year 2018-19 Citywide Slurry Program, PW18-09; 10.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $7,460, which is equal to 10% of the agreement amount. ******************** 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 18-01 Resolution: CSD 18-05 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. 11 Approve the Action Minutes of September 11, 2018 RECOMMENDATION: 11.1 That the Board of Directors approve the action minutes of September 11, 2018. 12 Approve a Transfer of $6,000 from the Old Town Temecula Community Theater's Operating Budget to the Facility Replacement Fund to Cover Balance of Audio Replacement Cost RECOMMENDATION: 12.1 That the Board of Directors approve the transfer of $6,000 from the Old Town Temecula Community Theater's operating budget to the Facility Replacement Fund to cover the balance of audio replacement cost. 5 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, October 9, 2018, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 6 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY— No Meeting TEMECULA HOUSING AUTHORITY— No Meeting TEMECULA PUBLIC FINANCING AUTHORITY— No Meeting RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 13 Adopt a Resolution Approving an Amended and Restated Ground Lease for Existing Wireless Telecommunications Antennas and Supporting Equipment at Paloma Del Sol Park RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED AMENDED AND RESTATED GROUND LEASE FOR EXISTING WIRELESS TELECOMMUNICATIONS ANTENNAS AND SUPPORTING EQUIPMENT AT PALOMA DEL SOL PARK AND FINDING THE ACTION EXEMPT FROM CEQA (ASSESSOR'S PARCEL NUMBER 959-390-002) 14 Adopt a Resolution Approving an Amended and Restated Ground Lease for Existing Wireless Telecommunications Antennas and Supporting Equipment at Ronald Reagan Sports Park RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED AMENDED AND RESTATED GROUND LEASE FOR EXISTING WIRELESS TELECOMMUNICATIONS ANTENNAS AND SUPPORTING EQUIPMENT AT RONALD REAGAN SPORTS PARK AND FINDING THE ACTION EXEMPT FROM CEQA (ASSESSOR'S PARCEL NUMBER 945-050-014) 7 15 Approve the City of Temecula Fiscal Year 2017-18 Consolidated Annual Performance and Evaluation Report (CAPER) RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT (CAPER) WITH THE ADDITION OF PUBLIC COMMENTS, AND AUTHORIZING STAFF TO SUBMIT THE REPORT TO THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) 16 Approve an Amendment to the City of Temecula Development Code, Establishing an Affordable Housing Overlay Zone Ordinance that Would Allow for the Development of Affordable Housing Projects on 44 Parcels throughout the City RECOMMENDATION: 16.1 That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 18- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ADD CHAPTER 17.21 ESTABLISHING AN AFFORDABLE HOUSING OVERLAY ZONE, AND MAKING THE DETERMINATION THAT THE PROPOSED ORDINANCE IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (LONG RANGE PLANNING PROJECT NO. LR14-0010) 17 Approve an Amendment to the City of Temecula Development Code Updating the City Density Bonus Ordinance to Conform to Density Bonus Law (Govt. Code § 65915) RECOMMENDATION: 17.1 That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 18- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ADOPT REGULATIONS TO CONFORM WITH DENSITY BONUS LAW (CALIFORNIA GOVERNMENT CODE SECTION 65915), AND FINDING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 8 CITY COUNCIL BUSINESS 18 Repeal of Chapter 9.60 of the Temecula Municipal Code Restricting Certain Actions of Registered Sex Offenders That Have Now Been Superseded By State Law and Court Actions RECOMMENDATION: 18.1 That the City Council adopt by a 4/5th vote an Urgency Ordinance entitled: ORDINANCE NO. 18- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING CHAPTER 9.60 OF THE TEMECULA MUNICIPAL CODE RESTRICTING CERTAIN ACTIONS OF REGISTERED SEX OFFENDERS THAT HAVE NOW BEEN SUPERSEDED BY STATE LAW AND COURT ACTIONS 19 Presentation of Temecula Police and Fire Department False Alarm Reports RECOMMENDATION: 19.1 That the City Council direct Staff to prepare an ordinance outlining how the City will address businesses and residential units that have repeat false alarm calls. DEPARTMENTAL REPORTS 20 City Council Travel/Conference Report 21 Community Development Department Monthly Report 22 Fire Department Monthly Report 23 Police Department Monthly Report 24 Public Works Department Monthly Report COMMISSION REPORTS PUBLIC SAFETY REPORT CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, October 9, 2018, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 9 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. 10 PRESENTATIONS t-spe t:.,. 10§Sri11r1 i t. r _ 7, w w awl' rr �' y ':,,,,,r-v,.4. s r r w The City of Temecula PROCLAMA TION WHEREAS, the white cane, which every blind citizen has the right to carry, demonstrates and symbolizes the ability to achieve a full and independent life and the capacity to work productively in competitive employment; and WHEREAS,the white cane,by allowing every blind person to move freely and safely from place to place, makes it possible for the blind to fully participate in and contribute to our society and to live the lives they want; and WHEREAS, every citizen should be aware that the law requires that motorists and cyclists exercise appropriate caution when approaching a blind person carrying a white cane; and WHEREAS, employers, both public and private, are called upon to be aware of and utilize the employment skills of our blind citizens by recognizing their worth as individuals and their productive capacities; and WHEREAS, the State of California, through its public agencies and other stakeholders, can and should facilitate the expansion of employment opportunities for,and greater acceptance,ofblind persons in the competitive labor market. NOW,THEREFORE, I, Matt Rahn, on behalf of the City Council of the City of Temecula,hereby proclaim October 15, 2018, to be "White Cane Awareness Day" in the City of Temecula and call upon our schools,colleges,and universities to offer full opportunities for training to blind persons; upon employers and the public to utilize the available skills of competent blind persons and to open new opportunities for the blind in our rapidly changing society;and upon all citizens to recognize the white cane as a tool of independence for blind pedestrians on our streets and highways. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this twenty-fifth day of September,2018. Matt Rahn,Mayor Randi Johl,City Clerk 'tr' A'".i' i`etc d 3f ^_ rrt ! 3f w . 1�'r tGa rc i F;,t ` ' f' v ;a0 .&'D'9 id. �«*. : , ', i. -w a +>° 41 ffi 77 The City of Temecula PROCLAMATION WHEREAS, the International Dyslexia Association's mission is to create a future for all individuals who struggle with dyslexia and other related reading differences so that they may have richer,more robust lives and access to the tools and resources they need;and WHEREAS,dyslexia is neurological in origin and is not an intellectual disability;and WHEREAS,dyslexia,often inherited,affects all segments of society,regardless of race,income,or educational background;and WHEREAS,dyslexia affects the way the brain processes information and is characterized by difficulties with reading,writing,and spelling occurring at all levels of intelligence;and WHEREAS,undiagnosed cases of dyslexia can be detrimental to a young persons'self-confidence,learning,and development; and WHEREAS,too many young children with dyslexia do not receive the resources they need,resulting in lower rates of literacy and higher rates of dropping out of school,unemployment,and incarceration;and WHEREAS,while dyslexia can make reading more difficult,with the right instruction,almost all individuals with dyslexia can learn to read;and WHEREAS,greater recognition and understanding are necessary to ensure that individuals living with dyslexia are accurately identified and provided with appropriate services so that they can lead maximally productive lives. NOW,THEREFORE,I,Matt Rahn,on behalf of the City Council of the City of Temecula,hereby proclaim the month of October,2018,to be "National Dyslexia Awareness Month " in the City of Temecula, and encourage all citizens to learn more about dyslexia and to offer support to parents, educators,and individuals affected by dyslexia. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this twenty-fifth day of September,2018. Matt Rahn,Mayor Randi Johl,City Clerk q=x= ,s rAv � ii SP' :s:. 4,: Nall l�4�s�4 as h ��. aw < °s.44 ,4 1 .. " a t?, '. igrg The City of Temecula PROCLAMA TION WHEREAS,the City of Temecula is in strong support of Temecula Valley Unified School District's(TVUSD) "Because Nice Matters"campaign of kindness and anti-bullying;and WHEREAS, "Because Nice Matters" is an important message to be addressed by all students in Temecula, as well as the citizenry at large. Everyone should make an effort to be nice to one another;and WHEREAS, "Because Nice Matters" includes an anti-bullying component that is critical to the excellent curriculum offered at TVUSD because no child should ever have to go to school preoccupied with worries of intimidation, fear, and bullying, and all Temecula students who witness another being victimized or bullied should immediately report it;and WHEREAS, the TVUSD signature colors to raise awareness of the "Because Nice Matters" campaign that started at Great Oak High School implemented district-wide over several years are purple with black to symbolize the colors of internal bruising that occurs when someone is bullied;and WHEREAS,the last full week of September each year is officially called,"Because Nice Matters in Temecula Week". Students are asked to wear purple with black showing that being nice matters and to take a stand against bullying. On Friday of that week,everyone is asked to wear white to symbolize a new beginning,or fresh start in treating people with respect and kindness;and WHEREAS, this collaboration between the City and School District sends a powerful message throughout Temecula in terms of the notion that "nice" does matter, not only among our student population, but among citizens citywide. NOW,THEREFORE, I,Matt Rahn,on behalf of the City Council of the City of Temecula,hereby proclaim the week of September 24th to September 28,2018 to be "Because Nice Matters Week in Temecula " IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this twenty-fifth day of September,2018. Matt Rahn,Mayor Randi Johl, City Clerk CITY COUNCIL CONSENT Item No . 1 Approvals City Attorney Director of Finance Jk- City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Legislative Director/City Clerk DATE: September 25, 2018 SUBJECT: Waive Reading of Standard Ordinances and Resolutions PREPARED BY: Randi Johl, Legislative Director/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 SPECIAL MEETING TEMECULA DUCK POND 28250 YNEZ ROAD TEMECULA, CALIFORNIA 92591 SEPTEMBER 11, 2018 — 7:00 PM No Closed Session At 7:02 PM Mayor Rahn called the City Council meeting to order to consider the matters described on the regular agenda. CALL TO ORDER: Mayor Matt Rahn Invocation: Aaron Adams Flag Salute: Chief Brad Casady ROLL CALL: Comerchero, Edwards, Naggar, Stewart, Rahn PRESENTATIONS/PROCLAMATIONS Presentation of Proclamation for National Preparedness Month PUBLIC COMMENTS The following individuals addressed the City Council on non-agenda items: • Luke Goldman • Dora Chapman • Christine Hartunian CITY COUNCIL REPORTS CONSENT CALENDAR 1 Waive Reading of Standard Ordinances and Resolutions - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. 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 August 28, 2018 - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. Action Minutes 091118 1 RECOMMENDATION: 2.1 That the City Council approve the action minutes of August 28, 2018. 3 Approve the List of Demands - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 18-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approve an Agreement for Toxicology and Lab Services with Bio Tox Laboratories, Inc. for the Temecula Police Department - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 4.1 That the City Council approve an Agreement for Toxicology and Lab Services with Bio Tox Laboratories, Inc., in the amount of$50,000, for Fiscal Year 2018-19 and a total five-year contract amount of$250,000. 5 Approve an Agreement with Bibliotheca, LLC for the Purchase and Installation of a Bin Sorter at the Ronald H. Roberts Temecula Public Library - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 5.1 Approve an Agreement with Bibliotheca, LLC, in the amount of $97,870 for the Purchase and Installation of a Bin Sorter at the Ronald H. Roberts Temecula Public Library; 5.2 Authorize the City Manager to approve contract change orders up to 10% of the contract amount or $9,787. 6 Approve the Third Amendment to the Consultant Services Agreement with Helixstorm for Technology Services to Include but not Limited to Virtualization, Network Support, and System Administration - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: Action Minutes 091118 2 6.1 That the City Council approve the Third Amendment to the Consultant Services Agreement with Helixstorm, in the amount of $100,000, for Technology-related services, for a total agreement amount of$300,000. 7 Award a Construction Contract to American Asphalt South, Inc. for the FY18/19 Citywide Slurry Program, PW18-09 - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 7.1 Award a Construction Contract to American Asphalt South, Inc., in the amount of $1,406,372.58, for FY18/19 Citywide Slurry Program, PW18-09; 7.2 Authorize the City Manager to approve change orders not to exceed the total project budget of $1,406,372.58; 7.3 Make a finding that the FY18/19 Citywide Slurry Program, PW18-09 is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 8 Accept Improvements and File the Notice of Completion for the Pavement Rehabilitation Program — Residential Slurry Seal, PW17-03 - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 8.1 Accept the improvements for the Pavement Rehabilitation Program — Residential Slurry Seal, PW17-03, as complete; 8.2 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; 8.3 Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. 9 Accept Improvements and File the Notice of Completion for Sidewalks — Ynez Road (Winchester Road to County Center Drive), PW17-22 - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 9.1 Accept the improvements for Sidewalks—Ynez Road (Winchester Road to County Center Drive), PW17-22, as complete; 9.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the Contract amount; 9.3 Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. Action Minutes 091118 3 RECESS: At 7:22 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:23 PM, the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL COMMISSION REPORTS PUBLIC SAFETY REPORT CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT At 7:28 PM, the City Council meeting was formally adjourned to Tuesday, September 25, 2018, at 5:30 PM for Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Action Minutes 091118 4 Item No . 3 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: September 25, 2018 SUBJECT: Approve the List of Demands PREPARED BY: Pascale Brown, Fiscal Services Manager Jada Shafe, Accounting Technician II RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 18- 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. 18- 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 $8,230,382.51, 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 25th day of September, 2018. Matt Rahn, 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. 18- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25th day of September, 2018, 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 08/30/2018 TOTAL CHECK RUN: $ 4,775,731.20 09/06/2018 TOTAL CHECK RUN: 2,934,508.71 09/06/2018 TOTAL PAYROLL RUN: 520,142.60 TOTAL LIST OF DEMANDS FOR 09/25/2018 COUNCIL MEETING: $8,230,382.51 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 3,865,945.85 125 PEG PUBLIC EDUCATION&GOVERNMENT 503.25 140 COMMUNITY DEV BLOCK GRANT 7,518.85 165 AFFORDABLE HOUSING 3,740.91 190 TEMECULA COMMUNITY SERVICES DISTRICT 233,779.68 192 TCSD SERVICE LEVEL B STREET LIGHTS 363.99 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,247.33 196 TCSD SERVICE LEVEL"L"LAKE PARK MAINT. 48,288.65 197 TEMECULA LIBRARY FUND 42,362.02 210 CAPITAL IMPROVEMENT PROJECTS FUND 2,605,434.72 300 INSURANCE FUND 564.03 305 WORKERS'COMPENSATION 3,852.61 320 INFORMATION TECHNOLOGY 55,818.34 325 TECHNOLOGY REPLACEMENT FUND 38,000.00 330 CENTRAL SERVICES 15,287.57 340 FACILITIES 70,604.93 395 2011 FINANCING LEASE CIVIC CENTER&CRC 532,378.13 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 92.03 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 91.85 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 92.03 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 92.03 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 92.03 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 92.03 478 CFD 16-01 RORIPAUGH PHASE II 202.05 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 5,385.21 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 4,575.26 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 4,494.88 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 806.05 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 4,695.16 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 2,403.43 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 1,773.04 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 16,189.90 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 330.00 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 922.76 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 208.57 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 10,485.62 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 3,406.69 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 1,844.83 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 1,027.70 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 3,213.83 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 225.33 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 12,056.38 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 5,812.90 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 17,851.39 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 25,132.94 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 491.91 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 882.09 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 19,377.33 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 4,744.45 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 202.44 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 1,262.36 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 24,292.06 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 257.49 700 CERBT CALIFORNIA EE RETIREE-GASB45 9,443.00 $7,710,239.91 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 282,401.40 140 COMMUNITY DEV BLOCK GRANT 658.24 165 AFFORDABLE HOUSING 4,073.01 190 TEMECULA COMMUNITY SERVICES DISTRICT 130,133.51 192 TCSD SERVICE LEVEL B STREET LIGHTS 435.79 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,311.99 196 TCSD SERVICE LEVEL"L"LAKE PARK MAINT. 324.92 197 TEMECULA LIBRARY FUND 1,885.38 300 INSURANCE FUND 701.35 305 WORKERS'COMPENSATION 1,871.22 320 INFORMATION TECHNOLOGY 29,666.13 330 CENTRAL SERVICES 3,342.03 340 FACILITIES 7,542.39 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 106.08 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 106.23 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 106.08 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 106.08 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 106.08 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 106.08 478 CFD 16-01 RORIPAUGH PHASE II 239.85 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 2.10 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 28.07 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 17.50 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 3.89 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 28.15 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 12.38 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 14.32 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 135.37 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.39 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 7.81 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 2.84 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 85.61 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 17.80 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 6.72 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 6.28 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 19.78 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 0.58 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 81.94 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 42.71 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 108.72 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 185.69 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 3.27 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 6.39 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 151.79 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 38.38 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.16 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 6.49 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 220.63 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 3.27 700 CERBT CALIFORNIA EE RETIREE-GASB45 53,675.73 520,142.60 TOTAL BY FUND: $8,230,382.51 apChkLst Final Check List Page: 1 08/30/2018 9:27:11AM CITY OF TEMECULA Bank: union UNION BANK Check# Date Vendor Description Amount Paid Check Total 3979 08/15/2018 006887 UNION BANK OF CALIFORNIA 006944 OMNI HOTELS RG LODGING:NAT'L CONF ON 1,051.78 HOMELESSNESS 020855 JOE'S STONE CRAB OF DC, RG RFSHMNTS:NAT'L CONF OF 46.74 DBA JOE'S SEAFOOD HOMELESSNESS 020854 BLUE TOP ARLINGTON RG TRANSP:NAT'L CONF ON 27.50 HOMELESSNESS 001256 MARRIOTT HOTEL RG RFSHMNTS:NAT'L CONF ON 25.90 HOMELESSNESS 020856 WOODLEY CAFE RG RFRSHMNTS:NAT'L CONF ON 25.57 HOMELESSNESS 007050 CHILIS RESTAURANT RG RFHSMNTS:NAT'L CONF ON 17.46 1,194.95 HOMELESSNESS 3989 08/31/2018 014685 COMPASS BANK '11 REFUNDING 01/08 CERT PART 532,378.13 532,378.13 DEBT SVC 4111 08/02/2018 002390 EASTERN MUNICIPAL WATER JUN WATER METER:MURR HOT 40.36 40.36 DIST SPRINGS RD 4112 08/02/2018 002390 EASTERN MUNICIPAL WATER JUN WATER METER:MURR HOT 431.72 431.72 DIST SPRINGS RD 4113 08/02/2018 002390 EASTERN MUNICIPAL WATER JUL WATER METER:32131 S LOOP RD 46.69 46.69 DIST DCDA 4114 08/02/2018 002390 EASTERN MUNICIPAL WATER JUL WATER METER:39656 DIEGO DR 143.16 143.16 DIST 4115 08/02/2018 002390 EASTERN MUNICIPAL WATER JUL WATER METER:32131 S LOOP RD 157.54 157.54 DIST BLDG 4116 08/07/2018 000537 SO CALIF EDISON JUL 2-36-122-7820:31777 DEPORTOLA 25.23 25.23 4117 08/07/2018 000537 SO CALIF EDISON JUL 2-29-657-2332:45538 REDWOOD 25.54 25.54 RD 4118 08/07/2018 000537 SO CALIF EDISON JUL 2-30-220-8749:45850 N WOLF 363.24 363.24 CREEK DR 4119 08/07/2018 000537 SO CALIF EDISON JUL 2-31-404-6020:28771 OT FRONT ST 666.51 666.51 4120 08/03/2018 000537 SO CALIF EDISON JUL 2-21-981-4720:30153 TEM PKWY 19.49 19.49 TPP Page:1 apChkLst Final Check List Page: 2 08/30/2018 9:27:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 4121 08/03/2018 000537 SO CALIF EDISON JUL 2-28-904-7706:32329 OVERLAND 138.43 138.43 TRL LS3 4122 08/06/2018 000537 SO CALIF EDISON JUL 2-39-732-3171:41997 MARGARITA 25.05 25.05 RD 4123 08/06/2018 000537 SO CALIF EDISON JUL 2-31-419-2873:43000 HWY-395 26.66 26.66 4124 08/06/2018 000537 SO CALIF EDISON JUL 2-29-657-2787:41638 WINCHESTER 26.66 26.66 4125 08/06/2018 000537 SO CALIF EDISON JUL 2-29-807-1226:28077 DIAZ RD PED 26.81 26.81 4126 08/06/2018 000537 SO CALIF EDISON JUL 2-29-807-1093:28079 DIAZ RD PED 27.15 27.15 4127 08/06/2018 000537 SO CALIF EDISON JUL 2-31-031-2616:27991 DIAZ RD PED 27.52 27.52 4128 08/06/2018 000537 SO CALIF EDISON JUL 2-34-333-3589:41702 MAIN ST 27.71 27.71 4129 08/06/2018 000537 SO CALIF EDISON JUL 2-31-282-0665:27407 DIAZ RD PED 27.86 27.86 4130 08/06/2018 000537 SO CALIF EDISON JUL 2-29-953-8249:46497 WOLF CREEK 28.33 28.33 RD 4131 08/06/2018 000537 SO CALIF EDISON JUL 2-29-953-8082:31523 WOLF VLY RD 29.49 29.49 4132 08/06/2018 000537 SO CALIF EDISON JUL 2-14-204-1615:30027 FRONT ST 49.89 49.89 RDIO 4133 08/06/2018 000537 SO CALIF EDISON JUL 2-35-707-0010:33451 S HWY-79 53.26 53.26 PED 4134 08/06/2018 000537 SO CALIF EDISON JUL 2-31-536-3481:41902 MAIN ST 144.87 144.87 4135 08/06/2018 000537 SO CALIF EDISON JUL 2-29-223-8607:42035 2ND ST PED 631.97 631.97 4136 08/06/2018 000537 SO CALIF EDISON JUL 2-19-171-8568:28300 MERCEDES 700.19 700.19 ST 4137 08/06/2018 000537 SO CALIF EDISON JUL 2-25-393-4681:41951 MORAGA RD 846.98 846.98 Page2 apChkLst Final Check List Page: 3 08/30/2018 9:27:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 4138 08/06/2018 000537 SO CALIF EDISON JUL 2-31-536-3655:41904 MAIN ST 1,057.83 1,057.83 4139 08/06/2018 000537 SO CALIF EDISON JUL 2-30-520-4414:32781 TEM PKWY 1,069.52 1,069.52 LS3 4140 08/06/2018 000537 SO CALIF EDISON JUL 2-35-664-9053:29119 MARGARITA 1,276.29 1,276.29 RD 4141 08/06/2018 000537 SO CALIF EDISON JUL 2-35-403-6337:41375 MCCABE CT 1,382.48 1,382.48 4142 08/06/2018 000537 SO CALIF EDISON JUL 2-18-937-3152:28314 MERCEDES 1,612.05 1,612.05 ST 4143 08/06/2018 000537 SO CALIF EDISON JUL 2-31-912-7494:28690 MERCEDES 1,694.86 1,694.86 ST 4144 08/06/2018 000537 SO CALIF EDISON JUL 2-31-536-3226:28690 MERCEDES 2,186.38 2,186.38 ST 4145 08/06/2018 000537 SO CALIF EDISON JUL 2-29-295-3510:32211 WOLF VLY RD 2,189.79 2,189.79 4146 08/06/2018 000537 SO CALIF EDISON JUL 2-29-224-0173:32364 OVERLAND 3,081.48 3,081.48 TRLA 4147 08/06/2018 000537 SO CALIF EDISON JUL 2-29-933-3831:43230 BUS PARK DR 3,729.06 3,729.06 4148 08/06/2018 000537 SO CALIF EDISON JUL 2-32-903-8293:41000 MAIN ST 35,137.98 35,137.98 4149 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:44935 NIGHTHAWK 10.15 10.15 DISTRICT PASS 4150 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:28640 PUJOL ST 10.85 10.85 DISTRICT 4151 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:WOLF VALLEY RD 16.57 16.57 DISTRICT 4152 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:MARGARITA RD 20.41 20.41 DISTRICT 4153 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:REDHAWK PKWY 21.37 21.37 DISTRICT 4154 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:41845 6TH ST 21.69 21.69 DISTRICT Page:3 apChkLst Final Check List Page: 4 08/30/2018 9:27:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 4155 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:MORENO RD 21.69 21.69 DISTRICT 4156 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:4TH ST 21.69 21.69 DISTRICT 4157 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:41375 MCCABE CT 21.69 21.69 DISTRICT 4158 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:CORTE BONILIO 21.69 21.69 DISTRICT 4159 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:FIRE LINE:32211 21.69 21.69 DISTRICT WOLF VLY 4160 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:27415 21.69 21.69 DISTRICT ENTERPRISE CIR 4161 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:FIRE LINE:43034 21.69 21.69 DISTRICT BUS PARK 4162 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:FIRE LINE:28910 21.69 21,69 DISTRICT PUJOL ST 4163 08/16/2018 000262 RANCHO CALIF WATER JUL FIRE LINE:28870,28880,28910 21.69 21.69 DISTRICT PUJOL ST 4164 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:41991 MAIN ST 21.69 21.69 DISTRICT 4165 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:REDHAWK PKWY 23.29 23.29 DISTRICT 4166 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:REDHAWK PKWY 24.25 24.25 DISTRICT 4167 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:REDHAWK PKWY 25.21 25.21 DISTRICT 4168 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:REDHAWK PKWY 29.06 29.06 DISTRICT 4169 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:28699 OT FRONT 30.41 30.41 DISTRICT ST 4170 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:REDHAWK PKWY 30.98 30.98 DISTRICT Page:4 apChkLst Final Check List Page: 5 08/30/2018 9:27:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 4171 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:WOLF CREEK DR 31.71 31.71 DISTRICT N 4172 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:WOLF CREEK DR 31.71 31.71 DISTRICT N 4173 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:31700 TEM PKWY 34.69 34.69 DISTRICT 4174 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:28220 JEFFERSON 36.07 36.07 DISTRICT AVE 4175 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:REDHAWK PKWY 36.74 36.74 DISTRICT 4176 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:46855 REDHAWK 47.32 47.32 DISTRICT PKWY 4177 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:44691 CAMINO 47.34 47.34 DISTRICT GONZALES 4178 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:42081 MAIN ST 51.80 51.80 DISTRICT 4179 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:28204 JEFFERSON 52.01 52.01 DISTRICT AVE 4180 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:HARMONY LN 54.16 54.16 DISTRICT 4181 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:44614 PECHANGA 57.99 57.99 DISTRICT PKWY 4182 08/09/2018 006887 UNION BANK OF CALIFORNIA 007282 AMAZON COM INC, JC AMAZON PRIME MEMBERSHIP 14.13 14.13 SYNCB/AMAZON 4183 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:REDHAWK PKWY 63.66 63.66 DISTRICT 4184 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:27991 DIAZ RD 65.45 65.45 DISTRICT 4185 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:MARGARITA RD 71.69 71.69 DISTRICT 4186 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:44295 REDHAWK 71.93 71.93 DISTRICT PKWY Page:5 apChkLst Final Check List Page: 6 08/30/2018 9:27:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 4187 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:MARGARITA RD 73.10 73.10 DISTRICT LSCP 4188 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:28314 MERCEDES 73.85 73.85 DISTRICT ST 4189 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:41638 75.67 75.67 DISTRICT WINCHESTER RD 4190 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:30221 CUPENO LN 78.47 78.47 DISTRICT LSCP 4191 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:MARGARITA RD 78.92 78.92 DISTRICT SP1 4192 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:MAIN ST 80.95 80.95 DISTRICT 4193 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:WOLF CREEK DR 81.98 81.98 DISTRICT N 4194 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:DIAZ RD 84.39 84.39 DISTRICT 4195 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:32364 OVERLAND 86.67 86.67 DISTRICT TRL 4196 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:42051 MAIN ST 87.53 87.53 DISTRICT 4197 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:VIA CORDOBA 90.30 90.30 DISTRICT 4198 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:RANCHO CALIF RD 91.31 91.31 DISTRICT 4199 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:REDHAWK PKWY 97.28 97.28 DISTRICT 4200 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:VIA EDUARDO 98.25 98.25 DISTRICT 4201 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:26016 YNEZ RD 98.33 98.33 DISTRICT 4202 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:41952 6TH ST 102.69 102.69 DISTRICT Page6 apChkLst Final Check List Page: 7 08/30/2018 9:27:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 4203 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:BUTTERFIELD STG 103.79 103.79 DISTRICT RD 4204 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:COUNTRY GLEN 105.02 105.02 DISTRICT WAY 4205 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:45050 CORTE 108.38 108.38 DISTRICT CAROLINA 4206 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:WOLF VALLEY RD 114.93 114.93 DISTRICT 4207 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:45774 PHEASANT 118.21 118.21 DISTRICT PL 4208 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:TEMECULA PKWY 119.09 119.09 DISTRICT 4209 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:AVENIDA DE 119.70 119.70 DISTRICT MISSIONES 4210 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:41952 6TH ST 123.50 123.50 DISTRICT 4211 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:LOMA LINDA RD 128.03 128.03 DISTRICT 4212 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:PECHANGA PKWY 131.15 131.15 DISTRICT 4213 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:AVENIDA DE 143.14 143.14 DISTRICT MISSIONES 4214 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:MAIN ST 145.21 145.21 DISTRICT 4215 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:CALLE BANUELOS 151.33 151.33 DISTRICT 4216 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:41375 MCCABE CT 155.08 155.08 DISTRICT 4217 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:32932 ANASAZI DR 156.79 156.79 DISTRICT 4218 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:OVERLAND DR 158.66 158.66 DISTRICT Page:7 apChkLst Final Check List Page: 8 08/30/2018 9:27:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 4219 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:32750 VAIL RANCH 160.65 160.65 DISTRICT PKWY 4220 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:28667 OT FRONT 161.61 161.61 DISTRICT ST 4221 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:VAIL RANCH PKWY 163.54 163.54 DISTRICT 4222 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:TEMECULA PKWY 175.36 175.36 DISTRICT 4223 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:VAIL RANCH PKWY 176.99 176.99 DISTRICT N 4224 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:32380 185.94 185.94 DISTRICT DEERHOLLOW WAY 4225 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:32211 WOLF VLY 187.51 187.51 DISTRICT RD 4226 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:MARGARITA RD 188.04 188.04 DISTRICT 4227 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:DIAZ RD 188.73 188.73 DISTRICT 4228 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:28379 OT FRONT 189.47 189.47 DISTRICT ST 4229 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:VAIL RANCH PKWY 190.43 190.43 DISTRICT N 4230 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:ZUMA DR 195.07 195.07 DISTRICT 4231 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:33040 CINON DR 195.24 195.24 DISTRICT 4232 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:VAIL RANCH PKWY 200.05 200.05 DISTRICT N 4233 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:32211 WOLF VLY 201.95 201.95 DISTRICT RD 4234 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:WOLF VALLEY RD 202.73 202.73 DISTRICT Page:8 apChkLst Final Check List Page: 9 08/30/2018 9:27:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 4235 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:41845 6TH ST 202.80 202.80 DISTRICT 4236 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:REDWOOD RD 213.18 213.18 DISTRICT 4237 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:WOLF CREEK DR 215.36 215.36 DISTRICT S 4238 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:VAIL RANCH PKWY 216.38 216.38 DISTRICT 4239 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:WOLF CREEK DR 220.21 220.21 DISTRICT N 4240 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:VIA RIO 220.86 220.86 DISTRICT TEMECULA 4241 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:FLOATING FH 238.27 238.27 DISTRICT METER 4242 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:39966 DATE ST 245.13 245.13 DISTRICT 4243 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:MERCEDES ST 247.23 247.23 DISTRICT 4244 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:MERCEDES ST 247.23 247.23 DISTRICT 4245 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:45578 BAYBERRY 252.40 252.40 DISTRICT PL 4246 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:40009 MARGARITA 252.44 252.44 DISTRICT RD 4247 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:BUS PARK DR 256.19 256.19 DISTRICT 4248 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:ZUMA DR 263.59 263.59 DISTRICT 4249 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:CAMINO SAN 269.23 269.23 DISTRICT JOSE 4250 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:WOLF CREEK DR 273.94 273.94 DISTRICT S Page9 apChkLst Final Check List Page: 10 08/3012018 9:27:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 4251 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:VIA DEL 278.88 278.88 DISTRICT CORONADO 4252 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:32534 VALENTINO 284.60 284.60 DISTRICT WAY 4253 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:45578 BAYBERRY 284.96 284.96 DISTRICT PL 4254 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:QUIET MEADOW 286.27 286.27 DISTRICT RD 4255 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:WELTON WAY 287.02 287.02 DISTRICT 4256 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:WOLF CREEK DR 289.54 289.54 DISTRICT S 4257 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:27407 DIAZ RD 292.33 292.33 DISTRICT 4258 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:PREECE LN 302.86 302.86 DISTRICT 4259 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:45337 PECHANGA 312.50 312.50 DISTRICT PKWY 4260 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:MERCEDES ST 320.53 320.53 DISTRICT 4261 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:VAIL RANCH PKWY 334.57 334.57 DISTRICT SW 4262 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:VAIL RANCH PKWY 337.45 337.45 DISTRICT SW 4263 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:40372 VILLAGE RD 338.75 338.75 DISTRICT 4264 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:WOLF VALLEY RD 340.78 340.78 DISTRICT 4265 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:40353 MARGARITA 343.78 343.78 DISTRICT RD 4266 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:WOLF CREEK DR 345.77 345.77 DISTRICT S Page:10 apChkLst Final Check List Page: 11 08/30/2018 9:27:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 4267 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:MERCEDES ST 348.07 348.07 DISTRICT 4268 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:VALENTINO WAY 352.83 352.83 DISTRICT 4269 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:VAIL RANCH PKWY 352.83 352.83 DISTRICT S 4270 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:44935 NIGHTHAWK 364.36 364.36 DISTRICT PASS 4271 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:31220 LOCUST CT 366.46 366.46 DISTRICT 4272 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:TULLEY RANCH 367.67 367.67 DISTRICT RD 4273 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:PECHANGA PKWY 381.48 381.48 DISTRICT 4274 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:MARGARITA RD 388.98 388.98 DISTRICT 4275 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:WOLF CREEK DR 395.75 395.75 DISTRICT S 4276 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:WOLF VALLEY RD 400.34 400.34 DISTRICT 4277 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:REDWOOD RD 411.93 411.93 DISTRICT 4278 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:28870,28880,28910 412.91 412.91 DISTRICT PUJOL 4279 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:WOLF CREEK DR 413.26 413.26 DISTRICT S 4280 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:N GENERAL 420.48 420.48 DISTRICT KEARNY RD 4281 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:32455 CAMINO 423.86 423.86 DISTRICT SAN DIMAS 4282 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:44660 CORTE 428.00 428.00 DISTRICT VERANOS Page:11 apChkLst Final Check List Page: 12 08/30/2018 9:27:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 4283 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:44935 NIGHTHAWK 454.68 454.68 DISTRICT PASS 4284 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:42051 MAIN ST 460.96 460.96 DISTRICT 4285 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:WOLF VALLEY RD 470.82 470.82 DISTRICT 4286 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:PECHANGA PKWY 476.20 476.20 DISTRICT 4287 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:WOLF CREEK DR 477.01 477.01 DISTRICT N 4288 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:OT FRONT ST 480.65 480.65 DISTRICT 4289 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:31220 LOCUST CT 493.10 493.10 DISTRICT 4290 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:REGINA DR 497.27 497.27 DISTRICT 4291 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:OVERLAND RD 501.62 501.62 DISTRICT 4292 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:PREECE LN 516.64 516.64 DISTRICT 4293 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:VAIL RANCH PKWY 539.24 539.24 DISTRICT 4294 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:VAIL RANCH PKWY 558.44 558.44 DISTRICT 4295 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:WOLF CREEK DR 558.78 558.78 DISTRICT N 4296 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:43200 BUS PARK 561.33 561.33 DISTRICT DR 4297 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:WOLF CREEK DR 565.22 565.22 DISTRICT S 4298 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:N GENERAL 584.80 584.80 DISTRICT KEARNY RD Page:12 apChkLst Final Check List Page: 13 08/30/2018 9:27:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 4299 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:28686 599.74 599.74 DISTRICT HARVESTON DR 4300 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:40233 VILLAGE RD 619.84 619.84 DISTRICT 4301 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:WOLF VALLEY RD 630.62 630.62 DISTRICT 4302 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:WOLF CREEK DR 662.36 662.36 DISTRICT S 4303 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:28699 669.38 669.38 DISTRICT HARVESTON DR 4304 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:WOLF CREEK DR 671.40 671.40 DISTRICT S 4305 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:39666 DATE ST 680.80 680.80 DISTRICT 4306 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:41790 MORENO 700.66 700.66 DISTRICT RD 4307 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:39817 786.98 786.98 DISTRICT HARVESTON DR 4308 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:32099 DEPORTOLA 862.09 862.09 DISTRICT RD 4309 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:32099 DEPORTOLA 867.56 867.56 DISTRICT RD 4310 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:VAIL RANCH PKWY 942.79 942.79 DISTRICT 4311 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:VAIL RANCH PKWY 1,000.44 1,000.44 DISTRICT 4312 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:MARGARITA RD 1,343.36 1,343.36 DISTRICT 4313 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:26018 YNEZ RD 1,424.50 1,424.50 DISTRICT 4314 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:31465 VIA 2,212.10 2,212.10 DISTRICT CORDOBA Page:13 apChkLst Final Check List Page: 14 08/30/2018 9:27:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 4315 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:44295 REDHAWK 2,405.56 2,405.56 DISTRICT PKWY 4316 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:41000 MAIN ST 2,760.21 2,760.21 DISTRICT 4317 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:28757 3,308.94 3,308.94 DISTRICT HARVESTON DR 4318 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:28582 3,329.91 3,329.91 DISTRICT HARVESTON DR 4319 08/16/2018 000262 RANCHO CALIF WATER JUL WATER METER:DEERHOLLOW 10,436.64 10,436.64 DISTRICT WAY 4320 08/28/2018 007282 AMAZON COM INC, MISC SUPPLIES:HUMAN SERVICES 8.89 SYNCB/AMAZON PGRMS MISC SUPPLIES:HUMAN SVCS PRGM 161.02 BOOKS/COLLECTIONS:LIBRARY 39.89 BOOKS/COLLECTIONS:LIBRARY 39.87 MISC OFC SUPPLIES:CITY MGR 10.15 BOOKS/COLLECTIONS:LIBRARY 20.35 BOOKS/COLLECTIONS:LIBRARY 76.92 MISC OFC SUPPLIES:CITY MGR 43.17 MISC SUPPLIES&EQUIP:AQUATICS PGF 38.99 SUPPLIES:TVM&ACE 66.49 MISC SUPPLIES:HUMAN SVCS PGRMS 144.97 OFFICE SUPPLIES:CRC 219.98 870.69 4321 08/30/2018 007282 AMAZON COM INC, MISC OFC SUPPLIES:HR 95.64 SYNC B/AMAZON AMAZON SUPPLIES:EOC 152.47 248.11 4322 08/15/2018 010276 TIME WARNER CABLE AUG HIGH SPEED INTERNET:28922 214.57 214.57 PUJOL ST 4323 08/15/2018 010276 TIME WARNER CABLE SEP HIGH SPEED INTERNET:41000 518.14 518.14 MAIN ST 4324 08/15/2018 010276 TIME WARNER CABLE AUG HIGH SPEED INTERNET:30600 599.72 599.72 PAUBA RD 4325 08/27/2018 010276 TIME WARNER CABLE AUG HIGH SPEED INTERNET:29119 348.45 348.45 MARGARITA 4326 08/24/2018 001986 MUZAK LLC MAY DISH NETWORK PRGM:32131 174.08 174.08 BUTTERFIELD Page:14 apChkLst Final Check List Page: 15 08/30/2018 9:27:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 4327 08/24/2018 001986 MUZAK LLC JUN DISH NETWORK PRGM:41952 6TH 68.37 68.37 ST 4328 08/24/2018 001986 MUZAK LLC MAY/JUN FEE:DISH NETWORK PRGM 4.35 4.35 4329 08/24/2018 001986 MUZAK LLC MAY/JUN FEE:DISH NETWORK PRGM 6.06 6.06 4330 08/24/2018 001986 MUZAK LLC SEP DISH NETWORK PRGM:41952 6TH 53.42 53.42 ST 4331 08/24/2018 001986 MUZAK LLC SEP DISH NETWORK PRGM:32131 174.08 174.08 BUTTERFIELD 4332 08/24/2018 001986 MUZAK LLC MAY/JUN FEE:DISH NETWORK PRGM 6.06 6.06 4333 09/01/2018 000246 PERS(EMPLOYEES' ARREARS CONTRIBUTION 1,825.86 1,825.86 RETIREMENT) 4334 08/17/2018 000537 SO CALIF EDISON JUL 2-36-171-5626:BUTTERFIELD/LA 24,796.72 24,796.72 SERENA 4335 08/10/2018 000537 SO CALIF EDISON JUL 2-02-502-8077:43210 BUS PARK DR 534.51 534.51 B 4336 08/10/2018 000537 SO CALIF EDISON JUL 2-30-066-2889:30051 RANCHO 24.59 24.59 VISTA 4337 08/10/2018 000537 SO CALIF EDISON JUL 2-40-765-3021:28916 PUJOL ST 79.53 79.53 4338 08/10/2018 000537 SO CALIF EDISON JUL 2-40-765-3179:28922 PUJOL ST 125.80 125.80 4339 08/10/2018 000537 SO CALIF EDISON JUL 2-10-331-2153:28816 PUJOL ST 2,007.29 2,007.29 4340 08/10/2018 000537 SO CALIF EDISON JUL 2-20-798-3248:42081 MAIN ST 2,933.99 2,933.99 4341 08/10/2018 000537 SO CALIF EDISON JUL 2-05-791-8807:31587 TEM PKWY 8,659.54 8,659.54 LS3 4342 08/10/2018 000537 SO CALIF EDISON JUL 2-02-351-5281:30875 RANCHO 12,186.20 12,186.20 VISTA 4343 08/10/2018 000537 SO CALIF EDISON JUL 2-35-421-1260:41955 4TH ST LS3 15.76 15.76 Page:15 apChkLst Final Check List Page: 16 08/30/2018 9:27:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 4344 08/10/2018 000537 SO CALIF EDISON JUL 2-31-031-2590:28301 RANCHO CAL 17.48 17.48 4345 08/10/2018 000537 SO CALIF EDISON JUL 2-29-953-8447:31738 WOLF VLY RD 25.23 25.23 4346 08/10/2018 000537 SO CALIF EDISON JUL 2-25-350-5119:45602 REDHAWK 27.81 27.81 PKWY 4347 08/10/2018 000537 SO CALIF EDISON JUL 2-39-737-1063:42061 MAIN ST 47.05 47.05 4348 08/10/2018 000537 SO CALIF EDISON JUL 2-31-936-3511:46488 PECHANGA 54.62 54.62 PKWY 4349 08/10/2018 000537 SO CALIF EDISON JUL 2-40-380-2424:40750 BUTTERFIELD 90.20 90.20 STG 4350 08/10/2018 000537 SO CALIF EDISON JUL 2-29-479-2981:31454 TEM PKWY 97.10 97.10 TC1 4351 08/10/2018 000537 SO CALIF EDISON JUL 2-36-531-7916:44205 MAIN ST 99.26 99.26 4352 08/10/2018 000537 SO CALIF EDISON JUL 2-29-974-7899:26953 YNEZ RD LS3 161.68 161.68 4353 08/10/2018 000537 SO CALIF EDISON JUL 2-29-657-2563:42902 BUTTERFIELD 216.10 216.10 STG 4354 08/10/2018 000537 SO CALIF EDISON JUL 2-29-458-7548:32000 RANCHO CAL 279.54 279.54 4355 08/10/2018 000537 SO CALIF EDISON JUL 2-27-560-0625:32380 1,830.56 1,830.56 DEERHOLLOW WAY 4356 08/10/2018 000537 SO CALIF EDISON JUL 2-27-805-3194:42051 MAIN ST 7,698.79 7,698.79 4357 08/10/2018 000537 SO CALIF EDISON JUL 2-28-629-0507:30600 PAUBA RD 16,634.78 16,634.78 191160 08/28/2018 020339 WHITE,CHRIS EE COMPUTER PURCHASE PRGM: 2,000.00 2,000.00 WHITE,C. 191161 08/30/2018 020835 29605 SOLANA WAY LLC,VISTA HOMELESS PREVENTION SERVICES 1,752.95 1,752.95 PROMENADE APT HOMES 191162 08/30/2018 020877 ABBOTT,MARK REFUND:OVERPMT:ROD RUN 15.00 REFUND:OVERPMT:ROD RUN 15.00 30.00 Page:16 apChkLst Final Check List Page: 17 08/30/2018 9:27:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 191163 08/30/2018 020866 ALEWINE,MIKE REFUND:OVERPMT:ROD RUN 15.00 15.00 191164 08/30/2018 003951 ALL AMERICAN ASPHALT PAVEMENT REHAB MARGARITA RD: 251,351.26 PW12-11 ASPHALT SUPPLIES:PW STREET MAINT 336.15 ASPHALT SUPPLIES:PW STREET MAINT 414.86 ASPHALT SUPPLIES:PW STREET MAINT 471.07 ASPHALT SUPPLIES:PW STREET MAINT 612.56 253,185.90 191165 08/30/2018 013015 ALWAYS RELIABLE TVE2:BACKFLOW REPAIR 220.00 220.00 BACKFLOW,AKA NANETTE SEMAN 191166 08/30/2018 020861 ANAY LLC REFUND:ENG GRAD DEP:LD15-1285 22,500.00 22,500.00 191167 08/30/2018 013950 AQUA CHILL OF SAN DIEGO drinking water system maint:var 28.28 AUG DRINKING WATER SYS MAINT:MPS( 34.75 AUG DRINKING WATER SYSTEM MAINT:( 183.71 246.74 191168 08/30/2018 017149 B G P RECREATION INC TCSD INSTRUCTOR EARNINGS 3,311.00 TCSD INSTRUCTOR EARNINGS 1,155.00 TCSD INSTRUCTOR EARNINGS 4,290.65 8,756.65 191169 08/30/2018 019709 BAGDASARIAN,NADYA REIMB:TEAM PACE ACTIVITIES 157.81 157.81 191170 08/30/2018 011954 BAKER AND TAYLOR INC BOOK COLLECTIONS:LIBRARY 1,195.70 BOOK COLLECTIONS:LIBRARY 399.86 BOOK COLLECTIONS:LIBRARY 69.23 1,664.79 191171 08/30/2018 015592 BAMM PROMOTIONAL ADVERTISING ITEMS FOR CAREER 953.17 953.17 PRODUCTS INC FAIR:HR 191172 08/30/2018 018101 BARN STAGE COMPANY INC, TIX:CABARET AT THE MERC:8/26/18 819.00 819.00 THE 191173 08/30/2018 020574 BATTERY SYSTEMS INC BATTERIES: PW TRAFFIC 210.06 210.06 191174 08/30/2018 020870 BIGELOW,JUANITA REFUND:OVERPMT:ROD RUN 15.00 15.00 191175 08/30/2018 018408 BOB CALLAHAN'S POOL AUG FOUNTAIN MAINT SVC:TOWN SQ 950.00 SERVICE &CIVIC AUG POOL SVC:VARI LOCATIONS 1,100.00 2,050.00 191176 08/30/2018 008605 BONTERRA PSOMAS JUN CONSULT SRVCS:PECHANGA 2,146.25 P W 11-01 JUN ENVIRO MITIGATION SVCS 275.00 2,421.25 191177 08/30/2018 020872 BRYANT,THOMAS REFUND:OVERPMT:ROD RUN 15.00 15.00 Page:17 apChkLst Final Check List Page: 18 08/30/2018 9:27:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 191178 08/30/2018 001054 CALIF BUILDING OFFICIALS, CALBO CLASSES-SMITH,CINDY 195.00 (CALBO) CALBO CLASSES-BOARD,MARGO 390.00 CALBO CLASSES-BAGDASARIAN 195.00 CALBO CLASSES-ROMINE,MARIA 195.00 CALBO CLASSES-LEWING,SOPHIA 195.00 CALBO CLASSES-COLE,TOM 195.00 CALBO CLASSES-WYTRYKUS,LESLIE 195.00 CALBO CLASSES-HARRIS,THERESA 195.00 1,755.00 191179 08/30/2018 000647 CALIF DEPT OF CONSUMER ENG/LND SRV 115.00 115.00 AFFAIRS LICENSE:HANNAH-MEISTRELL,K. 191180 08/30/2018 004248 CALIF DEPT OF JUL FINGERPRINT SVCS:VAR!.DEPTS. 4,931.00 4,931.00 JUSTICE-ACCTING 191181 08/30/2018 004241 CALIF DEPT OF STATE REMITTANCE OF SB1186-QE JUN 112.50 ARCHITECT 2018 REMITTANCE OF SB1186-QE MAR 2018 1,188.90 1,301.40 191182 08/30/2018 004241 CALIF DEPT OF STATE REMITTANCE OF AB1379-QE MAR 4.40 ARCHITECT 2018 REMITTANCE OF AB1379-QE JUN 2018 95.60 100.00 191183 08/30/2018 019216 CARLSTROM,HOWARD REFUND:OVERPMT:ROD RUN 15.00 15.00 191184 08/30/2018 018828 CASC ENGINEERING AND, JUN CONSULTANT SVCS:PW-NPDES 2,167.50 2,167.50 CONSULTING INC 191185 08/30/2018 020025 CIVIL SOURCE INC JUN PROJ MGMT SVCS-PW13-09 8,480.00 8,480.00 191186 08/30/2018 020873 COOKE,JOHN REFUND:OVERPMT:ROD RUN 15.00 15.00 191187 08/30/2018 001264 COSTCO TEMECULA 491 THEATER HOSPITALITY&OFC 85.55 SUPPLIES THEATER HOSPITALITY&OFC SUPPLIEI 102.36 187.91 191188 08/30/2018 020876 COWLING,CHUCK REFUND:OVERPMT:ROD RUN 15.00 15.00 191189 08/30/2018 020853 COX COMMUNICATIONS REPORTS:TEMECULA POLICE 100.00 100.00 191190 08/30/2018 019325 CROWELL,PAULA EE COMPUTER PURCHASE PROGRAM 2,000.00 2,000.00 191191 08/30/2018 020880 CURTIS,MICHAEL REFUND:OVERPMT:ROD RUN 15.00 15.00 Page:18 apChkLst Final Check List Page: 19 08/30/2018 9:27:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 191192 08/30/2018 003272 DAISY WHEEL RIBBON CO INC printer and plotter supplies:GIS/Civic 944.46 944.46 DBA,DAISY IT SUPPLIES SALES 191193 08/30/2018 014580 DANCE THEATRE COLLECTIVE, STTLMNT:DANCEXCHANGE 8/21/18 157.50 157.50 OF SOUTHERN CALIFORNIA 191194 08/30/2018 020879 DANERS,WILLIAM REFUND:OVERPMT:ROD RUN 15.00 15.00 191195 08/30/2018 012600 DAVID EVANS&ASSOCIATES JUN ENGINEERING SVCS-PW08-04 41,483.03 41,483.03 INC 191196 08/30/2018 008943 DEPT OF GENERAL SERVICES ADMIN HEARING:CODE 165.00 165.00 (DGS) ENFORCEMENT 191197 08/30/2018 018247 DOKKEN ENGINEERING MAY-JUN DSGN SVCS:SOUTH 6,125.00 6,125.00 PARKING:PW15-07 191198 08/30/2018 004192 DOWNS ENERGY FUEL& FUEL FOR CITY VEHICLES:PUBLIC 309.31 309.31 LUBRICANTS WORKS 191199 08/30/2018 008532 DREAM SHAPERS CULTURE QUEST:AFRICAN DRUM& 490.00 490.00 DANCE 191200 08/30/2018 019293 E&F PET SUPPLIES INC K-9 FOOD:TEMECULA POLICE 94.50 94.50 191201 08/30/2018 020613 EAGLE PAVING COMPANY INC, OT SIDEWALK IMPROVEMENTS: 25,044.37 25,044.37 DBA TORO ENGINEERING PW17-04 191202 08/30/2018 011292 ENVIRONMENTAL SCIENCE JUL EIR FOR PROPOSALALTAIR 255.00 255.00 ASSOC SPECIFIC 191204 08/30/2018 001056 EXCEL LANDSCAPE INC JUL LDSCP MAINT SVC:VAR PARKS 57,149.37 AUG LDSCP MAINT SRV:LEVEL C SLOPE 23,981.43 AUG LDSCP MAINT SVC:VARI PARKS 57,149.37 AUG LDSCP MAINT SVC:LVL C SLOPES 38,671.35 JUL LDSCP MAINT SVC:LVL C SLOPES 38,671.35 JUL LDSCP MAINT SVCS:FACILITIES 12,307.63 AUG LDSCP MAINT SVCS:FACILITIES 12,307.63 JUL LDSCP MAINT SVC:VARI PARKS 20,497.82 JUL LDSCP MAINT SVC:VARI PARKS 54,827.34 AUG LDSCP MAINT SVC:VARI PARKS 20,497.82 AUG LDSCP MAINT SVC:VARI PARKS 54,827.34 JUL LDSCP MAINT SRV:LEVEL C SLOPE: 23,981.43 414,869.88 191205 08/30/2018 000165 FEDERAL EXPRESS INC 8/6 EXPRESS MAIL SVCS:CITY CLERK 13.20 13.20 Page:19 apChkLst Final Check List Page: 20 08130/2018 9:27:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 191206 08/30/2018 020878 FRAIJO,DAVID REFUND:OVERPMT:ROD RUN 45.00 45.00 191207 08/30/2018 002982 FRANCHISE TAX BOARD KRACH,BREE-CASE#603016103 2.04 KRACH,BREE-CASE#603016103 10.88 KRACH,BREE-CASE#603016103 16.31 KRACH,BREE-CASE#603016103 28.55 57.78 191208 08/30/2018 018858 FRONTIER CALIFORNIA INC AUG INTERNET SVCS:41000 MAIN ST 2,516.06 AUG INTERNET SVCS:41000 MAIN ST 4,901.55 7,417.61 191209 08/30/2018 009097 FULL COMPASS SYSTEMS SOUND/LIGHT SUPPLIES:THEATER 247.18 247.18 191210 08/30/2018 016184 FUN EXPRESS,LLC, SUPPLIES:VARIOUS SPECIAL EVENTS 978.09 SUBSIDIARY OF ORIENTAL TR SUPPLIES:VARIOUS SPECIAL EVENTS 1,149.74 2,127.83 191211 08/30/2018 013076 GAUDET YVONNE M,DBA YES TCSD INSTRUCTOR EARNINGS 369.60 369.60 YOU CAN DRAW 191212 08/30/2018 020862 GELINAS,KAYLA REFUND:CREDIT ON ACCT:TCSD 48.00 48.00 191213 08/30/2018 005405 GILLILAND,ROBIN REIMB:NAT'L CONE ON 1,233.23 1,233.23 HOMELESSNESS 191214 08/30/2018 020781 GLEIBERMAN PROPERTIES HOMELESS PREVENTION SERVICES 1,514.43 1,514.43 INC,FBO MG SAGE CANYON APTS 191215 08/30/2018 000177 GLENNIES OFFICE PRODUCTS OFC SUPPLIES-BLDG&SAFETY 13.03 INC OFC SUPPLIES-BLDG&SAFETY 66.32 OFC SUPPLIES-BLDG&SAFETY 316.98 396.33 191216 08/30/2018 010028 GOFORTH&MARTI,DBA GM TABLE TOPS:LIBRARY 27,055.64 27,055.64 BUSINESS INTERIORS 191217 08/30/2018 009608 GOLDEN VALLEY MUSIC STTLMNT:CLASSIC AT THE MERC: 682.50 682.50 SOCIETY,DBA CA CHAMBER AUGUST ORCHESTRA 191218 08/30/2018 003792 GRAINGER MISC STAGE SUPPLIES:THEATER 68.97 ROTARY PARK:DOG WASTE STATIONS 828.52 MISC STAGE SUPPLIES:THEATER 330.96 1,228.45 191219 08/30/2018 020748 HAAKER EQUIPMENT MISC PARTS&SUPPLIE:PUBLIC 397.42 397.42 COMPANY,DBA TOTAL CLEAN WORKS Page20 apChkLst Final Check List Page: 21 08/3012018 9:27:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 191220 08/30/2018 000186 HANKS HARDWARE INC maintenance supplies,various facilities 17.86 MAINT SUPPLIES:LIBRARY 65.24 MAINT SUPPLIES:LIBRARY 6.48 MAINT SUPPLIES:CIVIC CTR 15.93 MAINT SUPPLIES:CIVIC CTR 87.82 MAINT SUPPLIES:CIVIC CTR 69.45 MAINT SUPPLIES:CIVIC CTR 12.38 MAINT.SUPPLIES:MUSEM 59.78 MAINT.SUPPLIES:OLD TOWN 24.96 MAINT.SUPPLIES:OLD TOWN 15.20 MAINT SUPPLIES:MPSC 6.04 MAINT SUPPLIES:CIVIC CTR 7.90 MAINT.SUPPLIES:MPSC 6.69 MAINT.SUPPLIES:TCC 2.12 MAINT.SUPPLIES:LIBRARY 8.03 MAINT SUPPLIES:TCC 12.66 MAINT SUPPLIES:LIBRARY -15.24 MAINT.SUPPLIES:VARIOUS PARKS 12.48 MAINT.SUPPLIES:VARIOUS PARKS 18.97 MAINT.SUPPLIES:VARIOUS PARKS 63.34 MAINT.SUPPLIES:VARI PARKS 94.56 MAINT.SUPPLIES:VARIOUS PARKS 27.13 MAINT.SUPPLIES:VARIOUS PARKS 74.77 MAINT SUPPLIES:CIVIC CTR 34.62 MAINT SUPPLIES:CIVIC CTR 36.77 MISC SUPPLIES: STREET MAINT. 45.11 MISC SUPPLIES: STREET MAINT. 54.36 MISC SUPPLIES: STREET MAINT. 89.33 MISC SUPPLIES: STREET MAINT. 74.64 MAINT SUPPLIES:CRC 40.22 maintenance supplies,various facilities 17.38 MAINT SUPPLIES:CRC 3.26 MAINT SUPPLIES:CRC 27.82 VARIOUS TOOLS&EQUIPMENTTVM&A 44.78 VARIOUS TOOLS&EQUIPMENT:TVM&A 52.16 VARIOUS TOOLS&EQUIPMENT:TVM&A 23.89 MAINT SUPPLIES:CRC 53.03 MAINT SUPPLIES:CRC 16.83 MAINT SUPPLIES:CRC 17.88 1,326.63 191221 08/30/2018 020628 HASA INC Pool Sanitizing Chemicals:various pools 745.10 745.10 191222 08/30/2018 012129 HAVENS FOR THE ARTS DBA, STTLMNT:RICHARD II-8/9-8/25/18 5,258.13 5,258.13 SHAKESPEARE IN THE VINES Page21 apChkLst Final Check List Page: 22 08/30/2018 9:27:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 191223 08/30/2018 020882 HICKEY,MICHAEL REFUND:OVERPMT:ROD RUN 15.00 15.00 191224 08/30/2018 001013 HINDERLITER DE LLAMAS& SVCS:MEASURES SALES TAX AUDIT: 300.00 300.00 ASSOC 3RD QTR 191225 08/30/2018 020857 HOLLINGSWORTH,LEONARD REIMB:HUMAN TRAFFICKING 261.54 261.54 INVESTIGATION: 191226 08/30/2018 010210 HOME DEPOT SUPPLY INC, MAINT SUPPLIES:MPSC 208.52 THE MAINT SUPPLIES:CRC 78.26 286.78 191227 08/30/2018 009135 IMPACT MARKETING&DESIGN PROMOTIONAL ITEMS:THEATER 3,526.56 3,526.56 INC Page22 apChkLst Final Check List Page: 23 08/30/2018 9:27:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 191228 08/30/2018 005579 INLAND EMPIRE PROPERTY, WEED ABATEMENT SRVCS:CODE 260.00 SERVICES,INC ENFORCE WEED ABATEMENT SRVCS:CODE ENFOI 1,120.00 WEED ABATEMENT SRVCS:CODE ENFOI 145.00 WEED ABATEMENT SRVCS:CODE ENFOI 565.00 WEED ABATEMENT SRVCS:CODE ENFOI 700.00 WEED ABATEMENT SRVCS:CODE ENFOI 500.00 WEED ABATEMENT SRVCS:CODE ENFOI 477.50 WEED ABATEMENT SRVCS:CODE ENFOI 522.50 WEED ABATEMENT SRVCS:CODE ENFOI 477.50 WEED ABATEMENT SRVCS:CODE ENFOI 675.00 WEED ABATEMENT SRVCS:CODE ENFOI 145.00 WEED ABATEMENT SRVCS:CODE ENFOI 145.00 WEED ABATEMENT SRVCS:CODE ENFOI 145.00 WEED ABATEMENT SRVCS:CODE ENFOI 270.00 WEED ABATEMENT SRVCS:CODE ENFOI 257.50 WEED ABATEMENT SRVCS:CODE ENFOI 455.00 WEED ABATEMENT SRVCS:CODE ENFOI 655.00 WEED ABATEMENT SRVCS:CODE ENFOI 587.50 WEED ABATEMENT SRVCS:CODE ENFOI 145.00 WEED ABATEMENT SRVCS:CODE ENFOI 490.00 WEED ABATEMENT SRVCS:CODE ENFOI 225.00 WEED ABATEMENT SRVCS:CODE ENFOI 345.00 WEED ABATEMENT SRVCS:CODE ENFOI 367.50 WEED ABATEMENT SRVCS:CODE ENFOI 215.00 WEED ABATEMENT SRVCS:CODE ENFOI 2,145.00 WEED ABATEMENT SRVCS:CODE ENFOI 390.00 WEED ABATEMENT SRVCS:CODE ENFOI 260.00 WEED ABATEMENT SRVCS:CODE ENFOI 295.00 WEED ABATEMENT SRVCS:CODE ENFOI 257.50 WEED ABATEMENT SRVCS:CODE ENFOI 390.00 WEED ABATEMENT SRVCS:CODE ENFOI 280.00 WEED ABATEMENT SRVCS:CODE ENFOI 235.00 WEED ABATEMENT SRVCS:CODE ENFOI 170.00 WEED ABATEMENT SRVCS:CODE ENFOI 500.00 WEED ABATEMENT SRVCS:CODE ENFOI 455.00 WEED ABATEMENT SRVCS:CODE ENFOI 742.50 WEED ABATEMENT SRVCS:CODE ENFOI 830.00 WEED ABATEMENT SRVCS:CODE ENFOI 545.00 WEED ABATEMENT SRVCS:CODE ENFOI 490.00 WEED ABATEMENT SRVCS:CODE ENFOI 280.00 WEED ABATEMENT SRVCS:CODE ENFOI 852.50 WEED ABATEMENT SRVCS:CODE ENFOI 500.00 WEED ABATEMENT SRVCS:CODE ENFOI 635.00 WEED ABATEMENT SRVCS:CODE ENFOI 390.00 WEED ABATEMENT SRVCS:CODE ENFOI 390.00 WEED ABATEMENT SRVCS:CODE ENFOI 435.00 Page23 apChkLst Final Check List Page: 24 08/30/2018 9:27:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total WEED ABATEMENT SRVCS:CODE ENFOI 145.00 WEED ABATEMENT SRVCS:CODE ENFOI 145.00 WEED ABATEMENT SRVCS:CODE ENFOI 170.00 21,817.50 191229 08/30/2018 006924 INTL MUNICIPAL SIGNAL MBRSHP RENEWAL:BEARDSHEAR,J. 80.00 80.00 ASSOC,IMSA 191230 08/30/2018 004119 J T B SUPPLY COMPANY INC TRAFFIC SIGNAL EQUIPMENT PW 2,779.60 2,779.60 TRAFFIC 191231 08/30/2018 020859 JOHNSON-JENKINS,LATALYA REFUND:BUS LIC FEE:046535 35.00 35.00 191232 08/30/2018 012285 JOHNSTONE SUPPLY SAFE BLDG:EXHAUST FAN MOTOR& 125.28 125.28 BELT 191233 08/30/2018 000820 K R W&ASSOCIATES JUL ENG PLAN CHECK&REVIEW:PW 10,220.00 10,220.00 191234 08/30/2018 000488 KNOTTS BERRY FARM EXCURSION:SUMMER DAY CAMP 5,535.00 5,535.00 191235 08/30/2018 017118 KRACH BREE B,DBA AWARDS:MPSC 8.16 TEMECULA TROPHY&DES TAX WITHHOLDING PER FRACHISE TAX -2.04 trophies:various special events 43.50 TAX WITHHOLDING PER FRACHISE TAX -10.88 STAFF INCENTIVE AWARDS:AQUATICS 114.19 TAX WITHHOLDING PER FRACHISE TAX -28.55 NAMETAGS:THEATER 65.25 TAX WITHHOLDING PER FRACHISE TAX -16.31 173.32 191236 08/30/2018 020874 LAMERS,KENNETH REFUND:OVERPMT:ROD RUN 15.00 15.00 191237 08/30/2018 011022 LATITUDE GEOGRAPHICS GEOCORTEX ESSENTIALS MAINT:GIS 5,000.00 5,000.00 GROUP LTD 191238 08/30/2018 000210 LEAGUE OF CALIF CITIES RIV CNTY DIV MTG:ADAMS,A. 20.00 20.00 191239 08/30/2018 003782 MAIN STREET SIGNS,DBA SIGN REPLACEMENT SUPPLIES:PW 122.64 122.64 ATHACO INC STREETS 191240 08/30/2018 004141 MAINTEX INC CLEANING SUPPLIES:TVE2&FOC 1,626.69 1,626.69 191241 08/30/2018 020867 MCDUFFY,BRUCE REFUND:OVERPMT:ROD RUN 15.00 15.00 191242 08/30/2018 018675 MDG ASSOCIATES INC JUN OT BOARDWALK ENHANCEMENT 631.25 631.25 PROJ:PLAN Page24 apChklst Final Check List Page: 25 08/3012018 9:27:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 191243 08/30/2018 015955 METRO FIRE&SAFETY INC FIRE SYSTEM INSPECTIONS:CIV CTR 2,075.00 2,075.00 &LIBRA 191244 08/30/2018 013443 MIDWEST TAPE LLC BOOK COLLECTIONS:LIBRARY 54.36 54.36 191245 08/30/2018 012264 MIRANDA,JULIO C TCSD INSTRUCTOR EARNINGS 302.40 TCSD INSTRUCTOR EARNINGS 672.00 TCSD INSTRUCTOR EARNINGS 302.40 1,276.80 191246 08/30/2018 016445 MKB PRINTING& BUSINESS CARDS:CODE 49.71 49.71 PROMOTIONAL INC,DBA ENFORCEMENT MINUTEMAN PRESS 191247 08/30/2018 004040 MORAMARCO,ANTHONY J, TCSD INSTRUCTOR EARNINGS 42.00 42.00 DBA BIGFOOT GRAPHICS 191248 08/30/2018 020864 NCL INC,TEMECULA VALLEY REFUND:SEC DEP:RM RENTAL:CRC 200.00 200.00 CHAPTER 191249 08/30/2018 001323 NESTLE WATERS NORTH 6/23-7/22/18 DRINKING WATER: 152.57 AMERICA,DBA AQUATICS READYREFRESH 6/23-7/22/18 DRINKING WATER:TESC PC 23.69 6/23-7/22/18 DRINKING WATER:TVE2 33.29 209.55 191250 08/30/2018 018402 NEWSMINDED INC NEWSPAPER DELIVER SERVICE:MPSC 125.00 125.00 191251 08/30/2018 002105 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS:BLDG& 383.76 383.76 SAFETY 191252 08/30/2018 010338 POOL AND ELECTRICAL CHEMICAL SUPPLIES:AQUATICS 187.96 PRODUCTS,INC CHEMICAL SUPPLIES:AQUATICS 531.60 CHEMICAL SUPPLIES:SPLASH PARK&F 297.09 VARIOUS SUPPLIES:AQUATICS 328.59 CREDIT:CHEMICAL SUPPLIES/AQUATICS -222.81 1,122.43 191253 08/30/2018 020127 QUINN COMPANY EQUIPMENT RENTAL:PW STREET 505.77 505.77 MAINT 191254 08/30/2018 020868 RICHARDS,PAUL REFUND:OVERPMT:ROD RUN 15.00 15.00 191255 08/30/2018 000267 RIVERSIDE CO FIRE FPARC-TM,232800,17-18,Q4 1,554,558.12 1,554,558.12 DEPARTMENT 191256 08/30/2018 001592 RIVERSIDE CO INFO JUL EMERG RADIO RENTAL:TEM 2,551.37 2,551.37 TECHNOLOGY POLICE Page25 apChkLst Final Check List Page: 26 08/30/2018 9:27:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 191257 08/30/2018 000406 RIVERSIDE CO SHERIFFS 7/1-18/18 LAW ENFORCEMENT 1,392,251.30 1,392,251.30 DEPT 191258 08/30/2018 001097 ROADLINE PRODUCTS INC MISC SUPPLIES:PW STENCIL CREW 1,630.48 1,630.48 191259 08/30/2018 020865 RUSSELL,DENNIS REFUND:OVERPMT:ROD RUN 15.00 15.00 191260 08/30/2018 011511 SCUBA CENTER TEMECULA TCSD INSTRUCTOR EARNINGS 52.50 TCSD INSTRUCTOR EARNINGS 924.00 976.50 191261 08/30/2018 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 8/23/18 304.50 304.50 191262 08/30/2018 000645 SMART AND FINAL INC SUPPLIES:HIGH HOPES HAWAIIAN 282.61 282.61 DANCE 191263 08/30/2018 008337 STAPLES BUSINESS OFFICE SUPPLIES:POLICE O.T. 11.41 ADVANTAGE STOREFRONT OFFICE SUPPLIES:POLICE O.T.STOREFI 133.15 OFFICE SUPPLIES:PW DEPTS 165.25 OFFICE SUPPLIES:PW TRAFFIC 30.43 OFFICE SUPPLIES:TCSD ADMIN 45.11 OFFICE SUPPLIES:CRC 1.94 OFFICE SUPPLIES:TCSDADMIN 42.51 OFFICE SUPPLIES:TCSDADMIN 17.16 OFFICE SUPPLIES:TVM 45.88 OFFICE SUPPLIES:CRC 38.07 OFFICE SUPPLIES:MRC 36.32 REC SUPPLIES:MRC 271.86 OFFICE SUPPLIES:POLICE MALL STORE 21.64 860.73 191264 08/30/2018 020881 STOCKMAN,GARY REFUND:OVERPMT:ROD RUN 15.00 15.00 191265 08/30/2018 013387 SWEEPING UNLIMITED INC AUG SWEEPING SRVCS:PRKG 540.00 540.00 STRUCTURE 191266 08/30/2018 009194 TEMECULA VALLEY NEWS ADVERTISING:COLOR RUN 9/15/18 581.75 581.75 191267 08/30/2018 020869 THURMAN,DALE REFUND:OVERPMT:ROD RUN 15.00 15.00 191268 08/30/2018 010046 TV CONVENTION&VISITORS JUN'18 BUS.IMPRV DISTRICTASMNTS 156,360.03 156,360.03 BUREAU,DBA VISIT TEMECULA VALLEY 191269 08/30/2018 020871 TYLER,JAMES REFUND:OVERPMT:ROD RUN 15.00 15.00 Page26 apChkLst Final Check List Page: 27 08/30/2018 9:27:11AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 191270 08/30/2018 011659 ULINE INC STORAGE RACKS:AV ROOM PEG 503.25 503.25 191271 08/30/2018 019793 URBANE CAFE,TGH REFRESHMENTS:ART OFF THE WALLS 511.13 ENTERPRISES LLC 9/7 REFRESHMENTS:T.MUSEUM 8/30/18 474.06 985.19 191272 08/30/2018 008977 VALLEY EVENTS,INC. THE ART OF STAN SAKAI:TVM 8/30/18 425.00 425.00 191273 08/30/2018 000319 VARSITY BRANDS HOLDING EQUIPMENT:CRC 1,056.96 1,056.96 CO INC,DBA BS NS PORTSTOMARKSPORTS 191274 08/30/2018 020875 WALLEN,ROY REFUND:OVERPMT:ROD RUN 15.00 15.00 191275 08/30/2018 003730 WEST COASTARBORISTS INC 6/1-15/18 TREE MAINT:VINTAGE HILLS 178.00 178.00 SLOPE 191276 08/30/2018 013286 WEST SAFETY SERVICES,INC. AUG ENTERPRISE 911 SVC:IT 300.00 300.00 Grand total for UNION BANK: 4,775,731.20 Page27 apChkLst Final Check List Page: 28 08/30/2018 9:27:11AM CITY OF TEMECULA 365 checks in this report. Grand Total All Checks: 4,775,731 20 Page28 apChkLst Final Check List Page: 1 0910612018 12:43:31 PM CITY OF TEMECULA Bank: union UNION BANK Check# Date Vendor Description Amount Paid Check Total 3976 08/15/2018 006887 UNION BANK OF CALIFORNIA 015626 EVENTBRITE.COM AA STATE OF THE CNTY:TABLE FOR 500.00 EVENT 008956 PANERA BREAD AA RFRSHMNTS:CITY ATTY MEETING 114.69 7/24 007028 AMERICAN AIRLINES AA AIRFARE:ICMA CONFERENCE: 350.61 965.30 ADAMS:A. 3977 08/15/2018 006887 UNION BANK OF CALIFORNIA 008608 CALIF GANG INVESTIGATORS LM NAT'L GANG VIOLENCE CONF: 350.00 ASSN 001060 HYATT LM NAT'L GANG VIOLENCE CONF: 617.04 967.04 3980 08/15/2018 006887 UNION BANK OF CALIFORNIA 000203 JOBS AVAILABLE INC IGADV FOR RECRUITMENTS:ASSIST. 479.00 PLANNER 020888 SKILLEDUCTORS IG WEBINAR:W-4 FORM:HR 219.00 000203 JOBS AVAILABLE INC IG ADV.FOR RECRUITMENTS:BLDG 440.00 INSPECTOR 008668 WES FLOWERS IG SUNSHINE FUND 61.43 008668 WES FLOWERS IG SUNSHINE FUND 66.88 000203 JOBS AVAILABLE INC IG ADV.FOR RECRUITMENTS:BLDG 479.00 INSPECTOR 020497 YOURMEMBERSHIP.COM IG ADV.FOR RECRUITMENT:ASSOC 199.00 ENG II 020497 YOURMEMBERSHIP.COM IG ADV.FOR RECRUITMENT:ASSOC 30.00 ENG II 001054 CALIF BUILDING OFFICIALS, IG ADV.FOR RECRUITMENTS:BLDG 298.00 (CALBO) INSPECTOR 018925 FIREHOUSE SUBS IG RFRSHMNTS:YEPP PARTICIPANTS 147.17 010570 PLANETIZEN'S IG ADV FOR RECRUITMENTS:ASSIST. 149.95 PLANNER 020887 SELECTLEADERS.COM IGADV FOR RECRUITMENTS:ASSIST. 420.00 PLANNER 017091 1800FLOWERS.COM IG SUNSHINE FUND 75.40 001264 COSTCO TEMECULA 491 IG RFRSHMNTS:PANEL INTERVIEW 113.94 018925 FIREHOUSE SUBS IG ADV FOR RECRUITMENTS:ASSIST. 147.17 PLANNER 000747 AMERICAN PLANNING IG ADV FOR RECRUITMENTS:ASSIST. 295.00 3,620.94 ASSOCIATION PLANNER Page:1 apChkLst Final Check List Page: 2 09/06/2018 12:43:31PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 3981 08/15/2018 006887 UNION BANK OF CALIFORNIA 020886 NETFLIX.COM KH MONTHLY CHARGE FOR SVC:CRC 7.99 TEEN ROOM KH FRAUDULENT CHARGES TO BE REVI 123.92 003773 REUBEN H FLEET SCIENCE KH ADMISSION:SUMMER DAY CAMP 1,623.75 CENTER 020035 MOBILE MONEY INC KH ATM RENTAL:FIRE/PD 1,500.00 APPRECIATION 018389 IN-N-OUT BURGER INC KH RFRSHMNTS:FIRE/PD 500.00 APPRECIATION EVENT 020184 GET AIR KH ADMISSION:SUMMER DAY CAMP 274.68 EXCURSION 007987 WALMART KH VIDEO MONITORING CARD: 143.51 THEATER 008337 STAPLES BUSINESS KH OFFICE SUPPLIES:ADMIN 260.99 ADVANTAGE 008337 STAPLES BUSINESS KH MISC OFFICE SUPPLIES THEATER 882.97 ADVANTAGE 006952 PAYPAL KH VERISIGN PAYFLOW PRO 240.70 TRANSACTION 019825 GETTY IMAGES KH IMAGES FOR PROMOTIONAL 149.00 FLYERS 001264 COSTCO TEMECULA 491 KH THEATER HOSPITALITY&OFC 320.80 6,028.31 SUPPLIES 3983 08/15/2018 006887 UNION BANK OF CALIFORNIA 020754 CALIFORNIA LAND PT LITERATURE:LAND DEV 93.94 SURVEYORS,ASSOCIATION 009612 BJS RESTAURANTS INC PT RFRSHMNTS:APPRECIATION 138.55 232.49 EVENT: 3984 08/15/2018 006887 UNION BANK OF CALIFORNIA 001104 AR MA RO MEMBERSHIP FEES:FLORES,G. 260.00 012915 LUCILLE'S BBQ RO RFRSHMNTS:CITY CNCL CLOSED 282.74 SESS 7/24 007148 MARIE CALLENDER RO RFRSHMNTS:CITY CNCL CLOSED 20.66 RESTAURANT 25 SESS 7/24 008669 VONS RO SUPPLIES:CITY COUNCIL 20.95 584.35 MEETINGS 3985 08/15/2018 006887 UNION BANK OF CALIFORNIA 000747 AMERICAN PLANNING LW MEMBERSHIP RENEWAL:WEST,D. 448.00 ASSOCIATION 020371 INSTANTCHECKMATE.COM LW BACKGROUND INVESTIGATIVE 34.78 SVCS 020889 VENTURA PUBLISHING LW SUBSCRIPTION:WATSON,L. 238.00 RESEARCH 020371 INSTANTCHECKMATE.COM LW BACKGROUND INVESTIGATIVE 34.78 755.56 SVCS Page2 apChkLst Final Check List Page: 3 09/0612018 12:43:31PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 4358 08/23/2018 000262 RANCHO CALIF WATER JULY N GENERAL KEARNY RD 22.53 22.53 DISTRICT 4359 08/23/2018 000262 RANCHO CALIF WATER JULY MARGARITA RD 36.01 36.01 DISTRICT 4360 08/23/2018 000262 RANCHO CALIF WATER JULY MARGARITA RD 37.33 37.33 DISTRICT 4361 08/23/2018 000262 RANCHO CALIF WATER JULY N GENERAL KEARNY RD 43.37 43.37 DISTRICT 4362 08/23/2018 000262 RANCHO CALIF WATER JULY 29766 VIA LA VIDA 45.81 45.81 DISTRICT 4363 08/23/2018 000262 RANCHO CALIF WATER JULY 41997 MARGARITA RD 53.20 53.20 DISTRICT 4364 08/23/2018 000262 RANCHO CALIF WATER JULY CORTE CANTANIA 81.12 81.12 DISTRICT 4365 08/23/2018 000262 RANCHO CALIF WATER JULY NICOLAS RD 82.03 82.03 DISTRICT 4366 08/23/2018 000262 RANCHO CALIF WATER JULY 27511 RANCHO CALIFORNIA RD 86.07 86.07 DISTRICT 4367 08/23/2018 000262 RANCHO CALIF WATER JULY 28711 HARVESTON DR 92.49 92.49 DISTRICT 4368 08/23/2018 000262 RANCHO CALIF WATER JULY 29345 RANCHO CALIFORNIA RD 99.84 99.84 DISTRICT 4369 08/23/2018 000262 RANCHO CALIF WATER JULY RANCHO CALIFORNIA RD 105.92 105.92 DISTRICT 4370 08/23/2018 000262 RANCHO CALIF WATER JULY 29776 CALLE PANTANO 113.35 113.35 DISTRICT 4371 08/23/2018 000262 RANCHO CALIF WATER JULY 28582 HARVESTON DR SP-7 113.83 113.83 DISTRICT 4372 08/23/2018 000262 RANCHO CALIF WATER JULY CALLE ELENITA 114.02 114.02 DISTRICT 4373 08/23/2018 000262 RANCHO CALIF WATER JULY 40864 ALTON CT 114.88 114.88 DISTRICT Page:3 apChkLst Final Check List Page: 4 09/06/2018 12:43:31PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 4374 08/23/2018 000262 RANCHO CALIF WATER JULY MARGARITA RD 115.16 115.16 DISTRICT 4375 08/23/2018 000262 RANCHO CALIF WATER JULY 41584 MARGARITA RD 117.51 117.51 DISTRICT 4376 08/23/2018 000262 RANCHO CALIF WATER JULY MARGARITA RD 132.51 132.51 DISTRICT 4377 08/23/2018 000262 RANCHO CALIF WATER JULY VILLA VENECIA 161.33 161.33 DISTRICT 4378 08/23/2018 000262 RANCHO CALIF WATER JULY 29815 SOLANA WAY 163.80 163.80 DISTRICT 4379 08/23/2018 000262 RANCHO CALIF WATER JULY AVENIDA VISTA LADERA 166.74 166.74 DISTRICT 4380 08/23/2018 000262 RANCHO CALIF WATER JULY 31885 MONIQUE CIR 171.67 171.67 DISTRICT 4381 08/23/2018 000262 RANCHO CALIF WATER JULY 30042 RANCHO CALIFORNIA RD 175.97 175.97 DISTRICT 4382 08/23/2018 000262 RANCHO CALIF WATER JULY GREENSTONE ST LSCP 182.77 182.77 DISTRICT 4383 08/23/2018 000262 RANCHO CALIF WATER JULY RIESLING CT 185.26 185.26 DISTRICT 4384 08/23/2018 000262 RANCHO CALIF WATER JULY YNEZ RD 185.38 185.38 DISTRICT 4385 08/23/2018 000262 RANCHO CALIF WATER JULY SALERNO RD 189.80 189.80 DISTRICT 4386 08/23/2018 000262 RANCHO CALIF WATER JULYS GENERAL KEARNY RD 216.83 216.83 DISTRICT 4387 08/23/2018 000262 RANCHO CALIF WATER JULYAVENIDASONOMA 218.51 218.51 DISTRICT 4388 08/23/2018 000262 RANCHO CALIF WATER JULY STANFORD DR 224.85 224.85 DISTRICT 4389 08/23/2018 000262 RANCHO CALIF WATER JULY SEMINOLE ST LSCP 236.00 236.00 DISTRICT Page:4 apChkLst Final Check List Page: 5 09/06/2018 12:43:31PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 4390 08/23/2018 000262 RANCHO CALIF WATER JULY CORTE CANTERA 249.23 249.23 DISTRICT 4391 08/23/2018 000262 RANCHO CALIF WATER JULY YNEZ RD 254.56 254.56 DISTRICT 4392 08/23/2018 000262 RANCHO CALIF WATER JULY WILLOW RUN CT 257.49 257.49 DISTRICT 4393 08/23/2018 000262 RANCHO CALIF WATER JULY 29733 WAYNEWOOD DR 286.75 286.75 DISTRICT 4394 08/23/2018 000262 RANCHO CALIF WATER JULY 29904 CORTE CANTERA 294.55 294.55 DISTRICT 4395 08/23/2018 000262 RANCHO CALIF WATER JULY PARK SITE N GENERAL KEARNY 294.56 294.56 DISTRICT 4396 08/23/2018 000262 RANCHO CALIF WATER JULY RIVERTON LN 309.80 309.80 DISTRICT 4397 08/23/2018 000262 RANCHO CALIF WATER JULY 29119 MARGARITA RD 355.35 355.35 DISTRICT 4398 08/23/2018 000262 RANCHO CALIF WATER JULY ROYAL OAKS DR LSCP 380.90 380.90 DISTRICT 4399 08/23/2018 000262 RANCHO CALIF WATER JULY S GENERAL KEARNY RD 414.25 414.25 DISTRICT 4400 08/23/2018 000262 RANCHO CALIF WATER JULY LA SERENA WAY 420.57 420.57 DISTRICT 4401 08/23/2018 000262 RANCHO CALIF WATER JULY ROYAL BIRKDALE DR 428.52 428.52 DISTRICT 4402 08/23/2018 000262 RANCHO CALIF WATER JULY YNEZ RD 430.67 430.67 DISTRICT 4403 08/23/2018 000262 RANCHO CALIF WATER JULY 39858 MARGARITA RD 432.36 432.36 DISTRICT 4404 08/23/2018 000262 RANCHO CALIF WATER JULY 41951 MORAGA RD 439.65 439.65 DISTRICT 4405 08/23/2018 000262 RANCHO CALIF WATER JULY LA SERENA WAY 453.10 453.10 DISTRICT Page:5 apChkLst Final Check List Page: 6 09/06/2018 12:43:31PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 4406 08/23/2018 000262 RANCHO CALIF WATER JULY 40695 CALLE MEDUSA 545.92 545.92 DISTRICT 4407 08/23/2018 000262 RANCHO CALIF WATER JULY NICOLAS RD 547.81 547.81 DISTRICT 4408 08/23/2018 000262 RANCHO CALIF WATER JULY TEMEKU DR 599.50 599.50 DISTRICT 4409 08/23/2018 000262 RANCHO CALIF WATER JULY CALLE MEDUSA 644.71 644.71 DISTRICT 4410 08/23/2018 000262 RANCHO CALIF WATER JULY TEE DR 658.55 658.55 DISTRICT 4411 08/23/2018 000262 RANCHO CALIF WATER JULY 28000 LA SERENA WAY A 660.99 660.99 DISTRICT 4412 08/23/2018 000262 RANCHO CALIF WATER JULY 29119 MARGARITA RD 757.48 757.48 DISTRICT 4413 08/23/2018 000262 RANCHO CALIF WATER JULY WALCOTT LN 767.51 767.51 DISTRICT 4414 08/23/2018 000262 RANCHO CALIF WATER JULY 28000 LA SERENA WAY 769.47 769.47 DISTRICT 4415 08/23/2018 000262 RANCHO CALIF WATER JULY WARBLER DR 784.30 784.30 DISTRICT 4416 08/23/2018 000262 RANCHO CALIF WATER JULY SOLANA WAY 799.70 799.70 DISTRICT 4417 08/23/2018 000262 RANCHO CALIF WATER JULY BOGEY WAY 840.76 840.76 DISTRICT 4418 08/23/2018 000262 RANCHO CALIF WATER JULY WINCHESTER CREEK AVE 916.54 916.54 DISTRICT 4419 08/23/2018 000262 RANCHO CALIF WATER JULY RIVERTON LN 918.64 918.64 DISTRICT 4420 08/23/2018 000262 RANCHO CALIF WATER JULY 28250 YNEZ RD DUCK POND 1,242.93 1,242.93 DISTRICT 4421 08/23/2018 000262 RANCHO CALIF WATER JULY 39950 MARGARITA RD 1,419.66 1,419.66 DISTRICT PageB apChkLst Final Check List Page: 7 09/06/2018 12:43:31PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 4422 08/23/2018 000262 RANCHO CALIF WATER JULY 28250 YNEZ RD LAKE FILL 1,526.44 1,526.44 DISTRICT 4423 08/23/2018 000262 RANCHO CALIF WATER JULY 31367 LA SERENA WAY 2,927.49 2,927.49 DISTRICT 4424 09/06/2018 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT 899.07 899.07 SUPPORT 4425 09/06/2018 017429 COBRA ADVANTAGE INC,DBA FSA REIMBURSEMENT PAYMENT 15,248.25 15,248.25 THE ADVANTAGE GROUP 4426 09/06/2018 000194 I C M A RETIREMENT-PLAN ICMA-RC RETIREMENT TRUST 457 9,347.23 9,347.23 303355 PAYMENT 4427 09/06/2018 000444 INSTATAX(EDD) STATE TAXES PAYMENT 23,413.79 23,413.79 4428 09/06/2018 000283 INSTATAX(IRS) FEDERAL TAXES PAYMENT 78,841.16 78,841.16 4429 09/06/2018 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT 12,857.73 12,857.73 SOLUTION 4430 09/06/2018 000389 NATIONWIDE RETIREMENT OBRA-PROJECT RETIREMENT 3,329.30 3,329.30 SOLUTION PAYMENT 4431 09/06/2018 000245 PERS-HEALTH INSUR EMPLOYEE HEALTH CONTRIBUTIONS 127,138.31 PREMIUM EMPLOYEE HEALTH CONTRIBUTIONS 0.00 127,138.31 4432 09/06/2018 000246 PERS(EMPLOYEES' EMPLOYEE RETIREMENT PAYMENT 100,543.65 100,543.65 RETIREMENT) 4433 08/20/2018 000537 SO CALIF EDISON JUL 2-29-223-9571:30395 MURR HOT 49.01 49.01 SPRINGS 4434 08/20/2018 000537 SO CALIF EDISON JUL 2-33-237-4818:30499 RANCHO CAL 83.52 83.52 4435 08/20/2018 000537 SO CALIF EDISON JUL 2-31-419-2659:26706 YNEZ RD TC1 120.33 120.33 4436 08/20/2018 000537 SO CALIF EDISON JUL 2-30-608-9384:28582 HARVESTON 510.45 510.45 DR 4437 08/20/2018 000537 SO CALIF EDISON JUL 2-28-171-2620:40820 WINCHESTER 867.47 867.47 4438 08/20/2018 000537 SO CALIF EDISON JUL 2-26-887-0789:40233 VILLAGE RD 2,286.52 2,286.52 Page:7 apChkLst Final Check List Page: 8 09/06/2018 12:43:31 PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 4439 08/21/2018 000537 SO CALIF EDISON JUL 2-29-974-7568:26953 YNEZ RD TC1 111.15 111.15 4440 08/21/2018 000537 SO CALIF EDISON JUL 2-31-693-9784:26036 YNEZ RD TC1 349.80 349.80 4441 08/30/2018 000262 RANCHO CALIF WATER JULY 30875 RANCHO VISTA RD 22.53 22.53 DISTRICT 4442 08/30/2018 000262 RANCHO CALIF WATER JULY 30650 PAUBA RD 22.53 22.53 DISTRICT 4443 08/30/2018 000262 RANCHO CALIF WATER JULY PAUBA RD 22.53 22.53 DISTRICT 4444 08/30/2018 000262 RANCHO CALIF WATER JULY RANCHO VISTA RD 59.76 59.76 DISTRICT 4445 08/30/2018 000262 RANCHO CALIF WATER JULY 30016 LAURIE RAE LN 75.90 75.90 DISTRICT 4446 08/30/2018 000262 RANCHO CALIF WATER JULY NACKE DR 88.09 88.09 DISTRICT 4447 08/30/2018 000262 RANCHO CALIF WATER JULY 33353 TEMECULA PKWY 90.87 90.87 DISTRICT 4448 08/30/2018 000262 RANCHO CALIF WATER JULY CAMPANULA WAY 95.16 95.16 DISTRICT 4449 08/30/2018 000262 RANCHO CALIF WATER JULY 30875 RANCHO VISTA RD 97.71 97.71 DISTRICT 4450 08/30/2018 000262 RANCHO CALIF WATER JULY 31795 RANCHO CALIFORNIA RD 98.72 98.72 DISTRICT 4451 08/30/2018 000262 RANCHO CALIF WATER JULY NEAR 43734 MEADOWS PKWY 100.76 100.76 DISTRICT 4452 08/30/2018 000262 RANCHO CALIF WATER JULY 31795 RANCHO CALIFORNIA RD 103.13 103.13 DISTRICT 4453 08/30/2018 000262 RANCHO CALIF WATER JULY CAMPANULA WAY 109.21 109.21 DISTRICT 4454 08/30/2018 000262 RANCHO CALIF WATER JULY 32674 DE PORTOLA RD 115.93 115.93 DISTRICT Page:8 apChkLst Final Check List Page: 9 09/0612018 12:43:31 PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 4455 08/30/2018 000262 RANCHO CALIF WATER JULY MEADOWS PKWY 120.39 120.39 DISTRICT 4456 08/30/2018 000262 RANCHO CALIF WATER JULY DE PORTOLA RD 121.40 121.40 DISTRICT 4457 08/30/2018 000262 RANCHO CALIF WATER JULY 32776 DE PORTOLA RD 122.13 122.13 DISTRICT 4458 08/30/2018 000262 RANCHO CALIF WATER JULY AVENIDA DE LA REINA 131.09 131.09 DISTRICT 4459 08/30/2018 000262 RANCHO CALIF WATER JULY RANCHO VISTA RD STA 167 132.39 132.39 DISTRICT 4460 08/30/2018 000262 RANCHO CALIF WATER JULY RANCHO VISTA RD 146.40 146.40 DISTRICT 4461 08/30/2018 000262 RANCHO CALIF WATER JULY BUTTERFIELD STAGE RD 159.61 159.61 DISTRICT 4462 08/30/2018 000262 RANCHO CALIF WATER JULY 41417 MEADOWS PKWY 161.67 161.67 DISTRICT 4463 08/30/2018 000262 RANCHO CALIF WATER JULY 42902 BUTTERFIELD STAGE RD 166.16 166.16 DISTRICT 4464 08/30/2018 000262 RANCHO CALIF WATER JULY BUTTERFIELD STAGE RD 143 182.03 182.03 DISTRICT 4465 08/30/2018 000262 RANCHO CALIF WATER JULY RANCHO VISTA RD 205.75 205.75 DISTRICT 4466 08/30/2018 000262 RANCHO CALIF WATER JULY CALLE ARAGON 221.78 221.78 DISTRICT 4467 08/30/2018 000262 RANCHO CALIF WATER JULY 41395 AVENIDA DE LA REINA 227.76 227.76 DISTRICT 4468 08/30/2018 000262 RANCHO CALIF WATER JULY VIA REINA 241.53 241.53 DISTRICT 4469 08/30/2018 000262 RANCHO CALIF WATER JULY CAMINO MERANO 258.52 258.52 DISTRICT 4470 08/30/2018 000262 RANCHO CALIF WATER JULY 31966 RANCHO VISTA RD 279.83 279.83 DISTRICT Pages apChkLst Final Check List Page: 10 09/06/2018 12:43:31 PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 4471 08/30/2018 000262 RANCHO CALIF WATER JULY 31132 CORTE ANZA 312.74 312.74 DISTRICT 4472 08/30/2018 000262 RANCHO CALIF WATER JULY 41403 CALLE TAJO 313.09 313.09 DISTRICT 4473 08/30/2018 000262 RANCHO CALIF WATER JULY 41403 CALLE TAJO 325.83 325.83 DISTRICT 4474 08/30/2018 000262 RANCHO CALIF WATER JULY RANCHO VISTA RD 325.99 325.99 DISTRICT 4475 08/30/2018 000262 RANCHO CALIF WATER JULY 42091 CROWNE HILL DR 356.62 356.62 DISTRICT 4476 08/30/2018 000262 RANCHO CALIF WATER JULY RANCHO VISTA RD 406.63 406.63 DISTRICT 4477 08/30/2018 000262 RANCHO CALIF WATER JULY DE PORTOLA RD 407.56 407.56 DISTRICT 4478 08/30/2018 000262 RANCHO CALIF WATER JULY 31970 RANCHO VISTA RD 416.96 416.96 DISTRICT 4479 08/30/2018 000262 RANCHO CALIF WATER JULY 31421 CORTE TALVERA 431.30 431.30 DISTRICT 4480 08/30/2018 000262 RANCHO CALIF WATER JULY 30600 PAUBA RD 470.52 470.52 DISTRICT 4481 08/30/2018 000262 RANCHO CALIF WATER JULY 42083 CROWNE HILL DR 477.49 477.49 DISTRICT 4482 08/30/2018 000262 RANCHO CALIF WATER JULY NACKE DR 478.98 478.98 DISTRICT 4483 08/30/2018 000262 RANCHO CALIF WATER JULY PARK SITE DE PORTOLA RD 515.11 515.11 DISTRICT 4484 08/30/2018 000262 RANCHO CALIF WATER JULY 32810 SAN JUAN CT 532.49 532.49 DISTRICT 4485 08/30/2018 000262 RANCHO CALIF WATER JULY 41415 MEADOWS PKWY 537.24 537.24 DISTRICT 4486 08/30/2018 000262 RANCHO CALIF WATER JULY 33411 PAUBA RD 596.68 596.68 DISTRICT Page:10 apChkLst Final Check List Page: 11 09/0612018 12:43:31PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 4487 08/30/2018 000262 RANCHO CALIF WATER JULY 30650 PAUBA RD 604.81 604.81 DISTRICT 4488 08/30/2018 000262 RANCHO CALIF WATER JULY OLD KENT RD 606.34 606.34 DISTRICT 4489 08/30/2018 000262 RANCHO CALIF WATER JULY RANCHO VISTA RD 661.64 661.64 DISTRICT 4490 08/30/2018 000262 RANCHO CALIF WATER JULY 31093 RANCHO VISTA RD 690.12 690.12 DISTRICT 4491 08/30/2018 000262 RANCHO CALIF WATER JULY CROWNE HILL DR 724.72 724.72 DISTRICT 4492 08/30/2018 000262 RANCHO CALIF WATER JULY DE PORTOLA RD 755.81 755.81 DISTRICT 4493 08/30/2018 000262 RANCHO CALIF WATER JULY 30875 RANCHO VISTA RD 776.06 776.06 DISTRICT 4494 08/30/2018 000262 RANCHO CALIF WATER JULY OLD KENT RD 860.39 860.39 DISTRICT 4495 08/30/2018 000262 RANCHO CALIF WATER JULY 42226 CROWNE HILL DR 898.83 898.83 DISTRICT 4496 08/30/2018 000262 RANCHO CALIF WATER JULY CROWNE HILL DR 993.55 993.55 DISTRICT 4497 08/30/2018 000262 RANCHO CALIF WATER JULY 30600 PAUBA RD 1,064.60 1,064.60 DISTRICT 4498 08/30/2018 000262 RANCHO CALIF WATER JULY 42470 CROWNE HILL DR 1,121.30 1,121.30 DISTRICT 4499 08/30/2018 000262 RANCHO CALIF WATER JULY CHANNEL ST LSCP 1,123.26 1,123.26 DISTRICT 4500 08/30/2018 000262 RANCHO CALIF WATER JULY NACKE DR 1,245.83 1,245.83 DISTRICT 4501 08/30/2018 000262 RANCHO CALIF WATER JULY SPORTS PARK MARGARITA RD 1,299.29 1,299.29 DISTRICT 4502 08/30/2018 000262 RANCHO CALIF WATER JULY 41665 CORTE HIGUERA 1,431.23 1,431.23 DISTRICT Page:11 apChkLst Final Check List Page: 12 09/06/2018 12:43:31 PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 4503 08/30/2018 000262 RANCHO CALIF WATER JULY 33409 PAUBA RD 1,491.66 1,491.66 DISTRICT 4504 08/30/2018 000262 RANCHO CALIF WATER JULY 30875 RANCHO VISTA RD 1,531.37 1,531.37 DISTRICT 4505 08/30/2018 000262 RANCHO CALIF WATER JULY RANCHO VISTA RD 2,083.07 2,083.07 DISTRICT 4506 08/30/2018 000262 RANCHO CALIF WATER JULY RANCHO VISTA RD 3,055.82 3,055.82 DISTRICT 4507 08/24/2018 002390 EASTERN MUNICIPAL WATER JUL WATER METER:32131 S LOOP RD 569.44 569.44 DIST LDSC 4508 08/27/2018 000537 SO CALIF EDISON AUG 2-30-099-3847:29721 RYECREST 25.86 25.86 4509 08/27/2018 000537 SO CALIF EDISON AUG 2-28-331-4847:32805 PAUBA RD 82.45 82.45 LS3 4510 08/27/2018 010276 TIME WARNER CABLE AUG HIGH SPEED INTERNET:32364 54.99 54.99 OVERLAND 4511 08/27/2018 000537 SO CALIF EDISON AUG 2-30-296-9522:46679 PRIMROSE 375.38 375.38 AVE 4512 08/22/2018 001212 SO CALIF GAS COMPANY JUL 091-085-1632-0:41951 MORAGA RD 49.00 49.00 4513 08/29/2018 001212 SO CALIF GAS COMPANY JUL 015-575-0195-2:32211 WOLF VLY 63.69 63.69 RD 4514 08/29/2018 001212 SO CALIF GAS COMPANY JUL 055-475-6169-5:32380 93.54 93.54 DEERHOLLOW WAY 4515 09/06/2018 007282 AMAZON COM INC, ERGO OFC FURNITURE:LUDWING, 557.82 557.82 SYNCB/AMAZON SOPHIA 4516 08/27/2018 018858 FRONTIER CALIFORNIA INC AUG INTERNET SVCS:EXT DMV INET 109.84 109.84 LINE 4517 08/27/2018 018858 FRONTIER CALIFORNIA INC AUG INTERNET SVCS:TCC 148.98 148.98 4518 08/27/2018 018858 FRONTIER CALIFORNIA INC AUG INTERNET SVCS:C.MUSEUM, 255.96 255.96 GIFT SHOP Page:12 apChkLst Final Check List Page: 13 09/0612018 12:43:31 PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 4519 08/30/2018 018858 FRONTIER CALIFORNIA INC AUG INTERNET SVCS:CITY HALL 293.98 293.98 4520 08/30/2018 010276 TIME WARNER CABLE AUG HIGH SPEED INTERNET:32211 186.07 186.07 WOLF VLY 4521 09/04/2018 002390 EASTERN MUNICIPAL WATER JUL WATER METER:MURR HOT 450.36 450.36 DIST SPRINGS RD 4522 09/04/2018 002390 EASTERN MUNICIPAL WATER JUL WATER METER:39569 SERAPHINA 614.00 614.00 DIST RD 4523 09/04/2018 002390 EASTERN MUNICIPAL WATER JUL WATER METER:MURR HOT 59.72 59.72 DIST SPRINGS RD 4524 09/04/2018 018858 FRONTIER CALIFORNIA INC AUG INTERNET SVCS:SENIOR 148.98 148.98 CENTER 191277 09/04/2018 013331 STUDENT OF THE MONTH FY18/19 DISCRETIONARY GRANT 750.00 750.00 PRGM,INC FUNDING 191278 09/06/2018 020835 29605 SOLANA WAY LLC,VISTA HOMELESS PREVENTION SERVICES 1,616.00 1,616.00 PROMENADE APT HOMES 191279 09/06/2018 004973 ABACHERLI,LINDI TCSD INSTRUCTOR EARNINGS 210.00 210.00 191280 09/06/2018 004767 ALERT ALL CORPORATION PUBLIC EDUCATION MATERIALS:FIRE 348.00 348.00 191281 09/06/2018 003951 ALL AMERICAN ASPHALT ASPHALT SUPPLIES:PW STREET 259.06 259.06 MAINT 191282 09/06/2018 009374 ALLEGRO MUSICAL PIANOTUNING:LIBRARY 185.00 185.00 VENTURES,DBA ALLEGRO PIANO SERVIC 191283 09/06/2018 013015 ALWAYS RELIABLE backflow testings:var parks&medians 135.00 BACKFLOW,AKA NANETTE SEMAN backflow testings:var parks&medians 140.00 275.00 191284 09/06/2018 013950 AQUA CHILL OF SAN DIEGO JUL DRINKING WATER SYSTEM 28.28 SVCS:PW DEPTS Drinking water system maint:pw- 28.28 56.56 191285 09/06/2018 006254 BALLET FOLKLORICO,AKA TCSD INSTRUCTOR EARNINGS 196.00 LORENA HANCOCK TCSD INSTRUCTOR EARNINGS 392.00 TCSD INSTRUCTOR EARNINGS 235.20 823.20 Page:13 apChkLst Final Check List Page: 14 09106/2018 12:43:31 PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 191286 09/06/2018 015592 BAMM PROMOTIONAL PROMOTIONAL ITEMS-AQUATICS 603.40 PRODUCTS INC SHIRTS:SPORTS 4,012.61 4,616.01 191287 09/06/2018 014284 BLAKELYS TRUCK SERVICE, VEHICLE REPAIR&MAINTENANCE: 911.71 911.71 AKA DONALD W BLAKELY PW 191288 09/06/2018 017145 BOARD,MARGO TEAM PACE SUPPLIES 90.00 90.00 191289 09/06/2018 009127 BOCA SYSTEMS INC THEATER TICKET STOCK 2,057.19 2,057.19 191290 09/06/2018 008605 BONTERRA PSOMAS JUL CONSULT SRVCS:PECHANGA 51.25 51.25 PW11-01 191291 09/06/2018 003455 BROADCAST MUSIC INC,DBA Music license copywright 835.00 835.00 BMI 191292 09/06/2018 001054 CALIF BUILDING OFFICIALS, CALBO CLASSES-LARUE,JESSE 390.00 390.00 (CALBO) 191293 09/06/2018 004248 CALIF DEPT OF JUL BLOOD&ALCOHOL 910.00 910.00 JUSTICE-ACCTING ANALYSIS:TEM PD 191294 09/06/2018 020025 CIVIL SOURCE INC JUL'18 PROJ MGMT SVCS-PW13-09 9,760.00 9,760.00 191295 09/06/2018 004405 COMMUNITY HEALTH EMPLOYEE CHARITY DONATIONS 4.00 4.00 CHARITIES PAYMENT 191296 09/06/2018 000442 COMPUTER ALERT SYSTEMS CIVIC CTR:TEST W/ELEVATOR CO 75.00 JUL-SEP ALARM SYS MONITORING:VAR 5,820.00 5,895.00 191297 09/06/2018 002945 CONSOLIDATED ELECTRICAL ELECTRICAL SUPPLIES:CRC 117.45 DIST ELECTRICAL SUPPLIES:CRC 239.25 ELECTRICAL SUPPLIES:CRC 134.85 491.55 191298 09/06/2018 011922 CORELOGIC INC,DBA JUL PROPERTY ID SFTWR SUBSRIP 317.50 317.50 CORELOGIC SOLUTIONS 191299 09/06/2018 020311 CORREA,HECTOR L. CONSULT SVCS-SIDEWALKS-PW17-24 8,699.26 8,699.26 191300 09/06/2018 014501 COUNTYWIDE MECHANICAL CIVIC CTR:REPAIR BOILER LEAK 750.75 SYSTEMS CIVIC CTR:BOILER#1 REPAIRS 1,527.66 2,278.41 Page:14 apChkLst Final Check List Page: 15 09/06/2018 12:43:31PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 191301 09/06/2018 010650 CRAFTSMEN PLUMBING& FOC:REPAIR AND REPLACE FLOAT 430.24 HVAC INC VALVE SENIOR CTR:REPAIR GAS LEAK ON STC 280.00 Civic Ctr:Install Tankless Water Heater 500.00 CRC:POOL RETURN LINE REPAIR 285.00 CONCRETE SLAB:RR SPORTS PARK 20,000.00 CRC:REPAIR POOL BACKWASH SYSTEF 801.33 22,296.57 191302 09/06/2018 020436 CRONBERG,RICHARD N TCSD INSTRUCTOR EARNINGS 336.00 336.00 191303 09/06/2018 001233 DANS FEED&SEED INC MISC SUPPLIES:PW STREET MAINT 36.28 36.28 191304 09/06/2018 012600 DAVID EVANS&ASSOCIATES JUL ENG SVCS-SANTA GERTRUDIS 18,521.69 18,521.69 INC CRK:PW08-0 191305 09/06/2018 020428 DIGITAL MAPPING INC DIGITAL ORTHO IMAGERY:INFO TECH 38,000.00 38,000.00 191306 09/06/2018 004192 DOWNS ENERGY FUEL& FUEL FOR CITY VEHICLES:BLDG 225.17 LUBRICANTS INSPECTORS FUEL FOR CITY VEHICLES:CODE ENFOI 208.26 FUEL FOR CITY VEHICLES:TCSD 550.19 FUEL FOR CITY VEHICLES:POLICE DEP' 65.10 FUEL FOR CITY VEHICLES:TRAFFIC DIV 243.06 FUEL FOR CITY VEHICLES:PW 125.42 FUEL FOR CITY VEHICLES:PUBLIC WOF 1,112.15 2,529.35 191307 09/06/2018 013367 ELECTRO INDUSTRIAL SUPPLY MISC SMALL TOOLS&EQUIP:PW 1,204.43 1,204.43 TRAFFIC 191308 09/06/2018 018098 ELITE CLAIMS MANAGEMENT SEP'18 3RD PARTY CLAIM ADMIN: 1,250.00 1,250.00 INC WRKRS COM 191309 09/06/2018 011202 EMH SPORTS USA INC TCSD INSTRUCTOR EARNINGS 192.50 TCSD INSTRUCTOR EARNINGS 1,330.00 TCSD INSTRUCTOR EARNINGS 140.00 1,662.50 191310 09/06/2018 015090 EVAPCO PRODUCTS INC,DBA JUL CIVIC CTR:CONDENSER H2O SYS 618.30 DOLPHIN WATERCARE MAINT AUG CIVIC CTR:CONDENSER H2O SYS 618.30 1,236.60 191311 09/06/2018 001056 EXCEL LANDSCAPE INC PBSP:Mound Bricks for Baseball Fields 810.10 IRRIGATION REPAIRS:VARI PARKS 1,189.25 1,999.35 191312 09/06/2018 017432 EYEMED VISION CARE VISION PLAN PAYMENT 1,611.66 1,611.66 191313 09/06/2018 015330 FAIR HOUSING COUNCIL,OF FINAL PAYMENT FOR FY17-18 70.76 70.76 RIVERSIDE COUNTY INC Page:15 apChkLst Final Check List Page: 16 09/06/2018 12:43:31PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 191314 09/06/2018 009953 FEDERAL CLEANING AUG JANITORIAL SRVCS:POLICE MALL 922.50 CONTRACTORS,DBA FEDERAL OFC BLDG SERVICES JUL JANITORIAL SRVCS:POLICE MALL 0 922.50 1,845.00 191315 09/06/2018 000165 FEDERAL EXPRESS INC 8/16/18 EXP MAIL SVCS:FIRE DEPT 18.96 18.96 191316 09/06/2018 000380 FIRST STUDENT CHARTER, TRANSPORTATION:SUMMER DAY 649.29 DBA FIRST STUDENT INC CAMP TRANSPORTATION:SUMMER DAY CAMP 1,479.70 TRANSPORTATION:SUMMER DAY CAMP 485.71 TRANSPORTATION:SUMMER DAY CAMP 562.40 3,177.10 191317 09/06/2018 009097 FULL COMPASS SYSTEMS SOUND/LIGHT&SUPPLIES:THEATER 144.99 144.99 191318 09/06/2018 000177 GLENNIES OFFICE PRODUCTS RET:MISC.OFC SUPPLIES:FIRE -198.33 INC ERGO OFC SUPPLIES:LEWING,SOPHIA 309.93 OFFICE SUPPLIES:FOC 111.83 OFFICE SUPPLIES:INFO TECH 67.03 290.46 191319 09/06/2018 016552 GONZALES,MARK ALLEN TCSD INSTRUCTOR EARNINGS 600.00 600.00 191320 09/06/2018 015451 GREATAMERICA FINANCIAL AUG LEASE 6 COPIERS:LIBRARY 928.90 928.90 SVCS Page:16 apChkLst Final Check List Page: 17 09/06/2018 12:43:31PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 191321 09/06/2018 000186 HANKS HARDWARE INC MAINT.SUPPLIES:CRC 1.08 MAINT.SUPPLIES:VARIOUS PARKS 34.28 MAINT.SUPPLIES:VARIOUS PARKS 19.56 MAINT.SUPPLIES:VARIOUS PARKS 65.96 MAINT.SUPPLIES:VARIOUS PARKS 51.93 MAINT.SUPPLIES:VARIOUS PARKS 391.37 MAINT.SUPPLIES:AQUATICS 42.38 MAINT.SUPPLIES:IWTCM 3.71 MAINT.SUPPLIES:VARIOUS PARKS 153.99 MAINT.SUPPLIES:VARIOUS PARKS 2.93 MAINT.SUPPLIES:CIVIC CTR 15.18 MAINT.SUPPLIES:CIVIC CTR 29.35 MAINT.SUPPLIES:CIVIC CTR 96.60 MAINT.SUPPLIES:VARIOUS PARKS 54.77 MAINT.SUPPLIES:VARIOUS PARKS 23.65 MAINT.SUPPLIES:VARIOUS PARKS 4.11 MAINT.SUPPLIES:VARIOUS PARKS 39.10 Misc.small tools&equip: pw traffic 133.78 MAINT.SUPPLIES:VARIOUS PARKS 132.32 MAINT.SUPPLIES:CRC 109.75 MAINT.SUPPLIES:CRC 6.49 MAINT.SUPPLIES:STREET MAINTENAN( 10.64 MAINT.SUPPLIES:STREET MAINTENAN( 14.79 MAINT.SUPPLIES:VARIOUS PARKS 210.69 MAINT.SUPPLIES:CRC 8.80 MAINT SUPPLIES:CIVIC CTR 60.88 1,718.09 191322 09/06/2018 020628 HASA INC Pool Sanitizing Chemicals:various pools 383.34 Pool Sanitizing Chemicals:various pools 585.16 Pool Sanitizing Chemicals:various pools 391.97 1,360.47 191323 09/06/2018 002109 HD SUPPLY CONSTR.SUPPLY MISC SUPPLIES PW STREET MAINT 125.24 125.24 LTD,DBA HDS WHITE CAP CONST T 191324 09/06/2018 020698 HICKS&HARTWICK INC ENGINEERING PLAN CHECK 1,275.00 SRVCS:PW ENGINEERING PLAN CHECK SRVCS:PW 3,887.50 ENGINEERING PLAN CHECK SRVCS:PW 550.00 5,712.50 191325 09/06/2018 002126 HILLYARD FLOOR CARE CRC:GYM FLOOR CARE SUPPLIES 368.36 368.36 SUPPLY 191326 09/06/2018 016903 HORIZON DISTRIBUTORS,INC. PBSP median irrigation controller 3,871.50 3,871.50 191327 09/06/2018 009693 INLAND VALLEY CLASSICAL STTLMNT:SNOW WHITE 8/31-9/2/18 8,008.95 8,008.95 BALLET Page:17 apChkLst Final Check List Page: 18 09/06/2018 12:43:31PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 191328 09/06/2018 006914 INNOVATIVE DOCUMENT JUL COPIER 533.14 SOLUTIONS MAINT/REPAIR/USAGE:CITYWIDE JUL COPIER MAINT/REPAIR/USAGE:CITY 7,117.16 7,650.30 191329 09/06/2018 012883 JACOB'S HOUSE INC EMPLOYEE CHARITY DONATIONS 40.00 40.00 PAYMENT 191330 09/06/2018 014097 JIMNI SYSTEMS,INC. REDHAWK PARK:RPLC SEWAGE 6,602.62 PUMPS repair lift station:redhawk comm park 1,899.83 8,502.45 191331 09/06/2018 020892 KENNEDY COURT REPORTERS COURT REPORTER SVCS:CODE 243.95 243.95 INC ENFORCEMENT 191332 09/06/2018 004905 LIEBERT,CASSIDYAND JUL 18 LEGAL SVCS FOR TE060-00016 15,154.15 WHITMORE JUL 18 LEGAL SVCS FOR TE060-00001 597.00 JUL 18 LEGAL SVCS FOR TE060-00013 2,135.00 17,886.15 191333 09/06/2018 011145 LODATO JILL CHRISTINE,DBA: TCSD INSTRUCTOR EARNINGS 1,078.00 THE PARTY MOM TCSD INSTRUCTOR EARNINGS 2,135.00 3,213.00 191334 09/06/2018 013982 M C I COMM SERVICE AUG XXX-0714 GEN USAGE:PD MALL 35.12 ALARM AUG XXX-0346 GENERAL USAGE 33.48 68.60 191335 09/06/2018 014365 MAILFINANCE INC 9/14-12/13 POSTAGE METER:LEASE 1,224.94 1,224.94 191336 09/06/2018 003782 MAIN STREET SIGNS,DBA Jr.Park Ranger decals:Park Ranger 336.25 ATHACO INC CITY SEAL STICKERS:SPORTS 255.44 591.69 191337 09/06/2018 017427 MATCHETT,VIVIAN TCSD INSTRUCTOR EARNINGS 109.20 TCSD INSTRUCTOR EARNINGS 218.40 327.60 191338 09/06/2018 020378 MATSON,HILLARY PERFORMANCE:CULTURALARTS- 300.00 300.00 9/7/18 191339 09/06/2018 015259 MERCURY DISPOSAL Recycling Fee Class II Batteries 268.28 268.28 SYSTEMS INC 191341 09/06/2018 003076 MET LIFE INSURANCE DENTAL PAYMENT 11,053.92 11,053.92 COMPANY 191342 09/06/2018 004951 MIKE'S PRECISION WELDING VARIOUS PARKS:ON-CALL WELDING 570.00 570.00 INC SVCS 191343 09/06/2018 012962 MILLER MISTY,DBA BOOT TCSD INSTRUCTOR EARNINGS 452.20 CAMP WITH A KICK TCSD INSTRUCTOR EARNINGS 266.00 718.20 Page:18 apChkLst Final Check List Page: 19 09/06/2018 12:43:31PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 191344 09/06/2018 004043 MISSION ELECTRIC SUPPLY History Museum:light fixture/photo 267.87 INC OLD TOWN:REPLACEMENT ELEC PEDE 1,879.79 OLD TOWN:REPLACEMENT ELECT PEDI 67.99 History Museum:light fixture/photo 21.83 electrical supplie:various facilities 464.25 ELECTRICAL SUPPLIES:LIBRARY 29.40 2,731.13 191345 09/06/2018 004040 MORAMARCO,ANTHONY J, TCSD INSTRUCTOR EARNINGS 91.00 DBA BIGFOOT GRAPHICS TCSD INSTRUCTOR EARNINGS 280.00 TCSD INSTRUCTOR EARNINGS 210.00 581.00 191346 09/06/2018 015164 NATURES IMAGE INC JUL PECHANGA PKWY ENV 400.26 400.26 MITIGATION 191347 09/06/2018 017092 NETWORKS2000 HPE WARRANTY RENEWAL:INFO 1,080.00 1,080.00 TECH 191348 09/06/2018 019839 O'CONNOR,DENISE TCSD INSTRUCTOR EARNINGS 175.00 175.00 191349 09/06/2018 002105 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS:PW LAND 90.98 DEV CITY VEHICLE MAINT SVCS:PW FACILITI 41.03 CITY VEHICLE MAINT SVCS:PW FACILITI 39.04 171.05 191350 09/06/2018 019851 ORTIZ ENTERPRISES INC AUG PRGS PMT 15:115/SR79 S ULT. 1,172,295.51 1,172,295.51 INTRCHG 191351 09/06/2018 019711 OWEN GROUP INC,OWEN APR-JUL'18 ADA TRANSITION PLAN 8,025.00 8,025.00 DESIGN GROUP UPDATE 191352 09/06/2018 020544 PARKHOUSE TIRE SERVICE TIRE STOCK FOR REPLACEMENTS: 1,717.37 1,717.37 INC PW STREET 191353 09/06/2018 004605 PERSONAL TOUCH CATERING, BALANCE DUE/COMMISSION RECOGN 629.80 629.80 AKA MICHAEL L RIVERS 9/6 191354 09/06/2018 005820 PRE-PAID LEGAL SERVICES PREPAID LEGAL SERVICES PAYMENT 282.05 282.05 INC,DBA LEGALSHIELD 191355 09/06/2018 004457 R J NOBLE COMPANY JUL PRGS PMT 1:PAVEMENT REHAB 1,022,361.50 1,022,361.50 PW17-26 191356 09/06/2018 002072 RANCHO CALIF WATER PLAN CHECK DEPOSIT:4TH STREET 1,500.00 1,500.00 DIST-FEES 191357 09/06/2018 003591 RENES COMMERCIAL 2ND APP POST-EMERGENT:CITY 13,975.00 MANAGEMENT ROWS MOWING OF CITY OWNED DATE STREE- 1,575.00 15,550.00 Page:19 apChkLst Final Check List Page: 20 09/0612018 12:43:31PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 191358 09/06/2018 020839 REYNOLDS,DEAN "DELILAH"THEATER SETTLEMENT 50.00 50.00 8/31 191359 09/06/2018 020834 ROBERT MATILLA,ROBERT HOMELESS PREVENTION SERVICES 1,995.00 1,995.00 COLE PROPERTIES 191360 09/06/2018 012251 ROTH,DONALD J TCSD INSTRUCTOR EARNINGS 567.00 TCSD INSTRUCTOR EARNINGS 614.25 1,181.25 191361 09/06/2018 000277 S AND S ARTS AND CRAFTS REC SUPPLIES:CRC 37.18 37.18 INC 191362 09/06/2018 004274 SAFE AND SECURE LOCKSMITH SRVCS:SENIOR CENTER 129.30 LOCKSMITH SRVC LOCKSMITH SRVCS:CIVIC CENTER 93.81 LOCKSMITH SRVCS:CIVIC CENTER 37.71 LOCKSMITH SRVCS:CIVIC CENTER 45.26 306.08 191363 09/06/2018 009980 SANBORN GWYNETH A,CO COUNTRY LIVE!@ THE MERC 618.50 618.50 TEMECULA MUSIC ACADEMY 191364 09/06/2018 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 8/30 451.50 451.50 191365 09/06/2018 013695 SHRED-IT US JV,LLC,DBA: JUL DOC COLLECTION&SHRED 134.75 134.75 SHRED-IT USA LLC SRVCS:CITY FA 191366 09/06/2018 000697 SISTER CITIES SISTER CITIES INT'L MBRSHP 1,000.00 1,000.00 INTERNATIONAL 1/1/18-6/30/1 191367 09/06/2018 000293 STADIUM PIZZA INC REFRESHMENTS:ECON DEV 61.33 WORKFORCE 8/29 REFRESHMENTS:STEM 08/29/18 144.19 205.52 191371 09/06/2018 007762 STANDARD INSURANCE BASIC LIFE INSURANCE PAYMENT 8,946.87 8,946.87 COMPANY 191372 09/06/2018 012723 STANDARD INSURANCE VOLUNTARY SUPP LIFE INSURANCE 1,157.83 1,157.83 COMPANY PAYMENT 191373 09/06/2018 016262 STEVE ADAMIAK GOLF TCSD INSTRUCTOR EARNINGS 504.00 INSTRUCTION,AKA STEVEN L ADAM IAK TCSD INSTRUCTOR EARNINGS 504.00 TCSD INSTRUCTOR EARNINGS 420.00 1,428.00 191374 09/06/2018 001546 STRAIGHT LINE GLASS AND BROKEN WINDOW REPAIR:PBSP 529.48 529.48 MIRROR,COMPANY INC 191375 09/06/2018 009452 STRAWN,WILLIAM R REIMB:SUPPLIES FOR COMMUNITY 195.72 195.72 THEATER Page20 apChkLst Final Check List Page: 21 09/06/2018 12:43:31 PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 191376 09/06/2018 003840 STRONGS PAINTING PREP AND PAINT EXTERIOR:HELP 2,800.00 2,800.00 CENTER 191377 09/06/2018 001547 TEAMSTERS LOCAL 911 UNION MEMBERSHIP DUES PAYMENT 5,141.00 5,141.00 191378 09/06/2018 017415 THYSSENKRUPP ELEVATOR ELEV.FIRE SAFETY TEST:CIVIC 778.25 778.25 CORP CTR/GARAGE 191379 09/06/2018 019301 TURNER,CHARISS REIMB:WESTERN ARTS ALLIANCE 1,191.42 1,191.42 CONF 191380 09/06/2018 018147 WADDLETON,JEFFREY L. DJ/ANNOUNCER SRVCS:9/11 320.00 REMEMBRANCE TCSD INSTRUCTOR EARNINGS 423.50 743.50 191381 09/06/2018 006248 WALKER,JESSICA TCSD INSTRUCTOR EARNINGS 359.10 359.10 191382 09/06/2018 007987 WALMART SUPPLIES:VITICULTURE/HORTICULTU 47.76 47.76 RE PRGM 191383 09/06/2018 003730 WEST COASTARBORISTS INC 8/1-15/18 TREE MAINT:PARKS& 6,184.25 MEDIANS 8/1-15/18 TREE MAINT:HARVESTON 2,668.00 8,852.25 191384 09/06/2018 004567 WITCHER ELECTRIC,AKA INSTALL LED LIGHTS:HISTORY 760.00 760.00 TERRENCE KEVIN WITCHE MUSEUM 191385 09/06/2018 018687 WOJNIAK,MIKE PERFORMANCE:AOTW 977 150.00 150.00 1002031 08/29/2018 020860 MENDOZA,ROGELIO REFUND:HOC FEE:BL#016291 20.00 20.00 1002032 08/30/2018 020863 SUTER,CHLOE REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 Grand total for UNION BANK: 2,934,508.71 Page21 apChkLst Final Check List Page: 22 09/06/2018 12:43:31PM CITY OF TEMECULA 281 checks in this report. Grand Total All Checks: 2,934,508 71 Page22 Item No . 4 Approvals City Attorney / ry:♦ Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: September 25, 2018 SUBJECT: Approve the City Treasurer's Report as of July 31, 2018 PREPARED BY: Rudy J. Graciano, Fiscal Services Manager RECOMMENDATION: That the City Council approve and file the City Treasurer's Report as of July 31, 2018. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of July 31, 2018. FISCAL IMPACT: None ATTACHMENTS: City Treasurer's Report as of July 31, 2018 - City of Temecula — i City of Temecula, California 41000 Main Street P.O.Box 9033 icy / Portfolio Management Temecula,CA 92590 _-' Portfolio Summary (951)694-6430 July 31, 2018 Investments Par Market Book %of Days to YTM YTM Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts 48,675,874.95 48,675,874.95 48,675,874.95 34.60 1 1 1.809 1.834 Retention Escrow Account 32,971,769.08 32,971,769.08 32,971,769.08 23.44 1 1 1.477 1.497 Letter of Credit 2.00 2.00 2.00 0.00 1 1 0.000 0.000 Trust Accounts 8,050,434.89 8,050,434.89 8,050,434.89 5.72 1 1 2.308 2.340 Local Agency Investment Funds 15,988,999.58 15,959,050.09 15,988,999.58 11.36 1 1 1.917 1.944 Federal Agency Callable Securities 25,000,000.00 24,589,280.00 25,000,000.00 17.77 1,312 752 1.697 1.720 Federal Agency Bullet Securities 10,000,000.00 9,905,300.00 10,000,000.00 7.11 997 483 1.712 1.735 140,687,080.50 140,151,711.01 140,687,080.50 100.00% 305 169 1.745 1.769 Investments Cash Passbook/Checking 11,311,108.37 11,311,108.37 11,311,108.37 1 1 0.000 0.000 (not included in yield calculations) Total Cash and Investments 151,998,188.87 151,462,819.38 151,998,188.87 305 169 1.745 1.769 Total Earnings July 31 Month Ending Fiscal Year To Date Current Year 215,110.23 215,110.23 Average Daily Balance 149,523,874.71 149,523,874.71 Effective Rate of Return 1.69% 1.69% Reporting period 07/01/2018-07/31/2018 Portfolio TEME CP Run Date:08/29/2018-14:38 PM(PRF_PMt)7.3.0 Report Ver.7.3.6.1 City of Temecula, California Portfolio Management Page 1 Portfolio Details - Investments July 31, 2018 CUSIP Investment/ Issuer Balance Purchase stated YTM YTM turity Days to Ma Branco Date Par Value Market Value Book Value Rete 380 385 Maturity Date Managed Pool Accounts 233358001-6 01-2 BOND F First Amer Govt Oblig Fund CI 64.10 64.10 64.10 1.760 1.736 1.760 1 233358006-6 01-2 REF RES First Amer Govt Oblig Fund CI 510,667.83 510,667.83 510,667.83 1.770 1.746 1.770 1 233358000-6 01-2 REF ST First Amer Govt Oblig Fund CI 816,223.21 816,223.21 816,223.21 1.770 1.746 1.770 1 276213009-6 03-02 COI First Amer Govt Oblig Fund CI 07/01/2018 0.00 0.00 0.00 0.000 0.000 1 276213008-6 03-02 IMPR First Amer Govt Oblig Fund CI 598,061.68 598,061.68 598,061.68 1.770 1.746 1.770 1 276213006-6 03-02 RES First Amer Govt Oblig Fund CI 749,139.25 749,139.25 749,139.25 1.770 1.746 1.770 1 164741002-6 03-03 BOND F First Amer Govt Oblig Fund CI 16.63 16.63 16.63 1.740 1.716 1.740 1 164741008-6 03-03IMP First Amer Govt Oblig Fund CI 269,357.40 269,357.40 269,357.40 1.770 1.746 1.770 1 164741006-6 03-03RES First Amer Govt Oblig Fund CI 395.43 395.43 395.43 1.760 1.736 1.760 1 164741000-6 03-03SPEC First Amer Govt Oblig Fund CI 1,611,622.57 1,611,622.57 1,611,622.57 1.770 1.746 1.770 1 164742002-6 03-06 BOND F First Amer Govt Oblig Fund CI 2.45 2.45 2.45 1.630 1.608 1.630 1 164742000-6 03-06SPEC First Amer Govt Oblig Fund CI 248,668.08 248,668.08 248,668.08 1.770 1.746 1.770 1 229462007-6 03-1 2012 RF First Amer Govt Oblig Fund CI 41.82 41.82 41.82 1.770 1.746 1.770 1 229462002--6 03-1 BOND FD First Amer Govt Oblig Fund CI 6,438.65 6,438.65 6,438.65 1.770 1.746 1.770 1 229462009-6 03-1 COI First Amer Govt Oblig Fund CI 13,678.87 13,678.87 13,678.87 1.770 1.746 1.770 1 229462006-6 03-1 RESERV First Amer Govt Oblig Fund CI 10,975.61 10,975.61 10,975.61 1.770 1.746 1.770 1 229462000-6 03-1 SPECF First Amer Govt Oblig Fund CI 678,028.49 678,028.49 678,028.49 1.770 1.746 1.770 1 94669921-6 03-1ACQ11 First Amer Govt Oblig Fund CI 0.00 0.00 0.00 0.870 0.858 0.870 1 94669911-6 03-1ACQA11 First Amer Govt Oblig Fund CI 07/01/2018 0.00 0.00 0.00 0.000 0.000 1 94669917-6 03-1 RES First Amer Govt Oblig Fund CI 07/01/2018 0.00 0.00 0.00 0.000 0.000 1 94669916-6 03-1RESB11 First Amer Govt Oblig Fund CI 0.00 0.00 0.00 0.000 0.000 1 94669000-6 03-1 SPTAX11 First Amer Govt Oblig Fund CI 0.00 0.00 0.00 0.000 0.000 1 276213002-6 03-2 REFU First Amer Govt Oblig Fund CI 2.63 2.63 2.63 1.900 1.874 1.900 1 276213000-6 03-2 SPEC First Amer Govt Oblig Fund CI 590,102.82 590,102.82 590,102.82 1.770 1.746 1.770 1 94686001-6 03-4ADMIN11 First Amer Govt Oblig Fund CI 516.11 516.11 516.11 1.770 1.746 1.770 1 94686005-6 03-4PREP11 First Amer Govt Oblig Fund CI 13.20 13.20 13.20 1.740 1.716 1.740 1 94686000-6 03-4RED11 First Amer Govt Oblig Fund CI 107,570.63 107,570.63 107,570.63 1.770 1.746 1.770 1 94686006-6 03-4RES11 First Amer Govt Oblig Fund CI 34,207.30 34,207.30 34,207.30 1.770 1.746 1.770 1 276213022-6 16-01 BOND F First Amer Govt Oblig Fund CI 56.28 56.28 56.28 1.760 1.736 1.760 1 276213023-6 16-01 CAPINT First Amer Govt Oblig Fund CI 0.00 0.00 0.00 0.870 0.858 0.870 1 276213029-6 16-01 COI First Amer Govt Oblig Fund CI 07/01/2018 0.00 0.00 0.00 0.000 0.000 1 276213028-6 16-01 IMP First Amer Govt Oblig Fund CI 6,497,651.36 6,497,651.36 6,497,651.36 1.770 1.746 1.770 1 276213026-6 16-01 RESERV First Amer Govt Oblig Fund CI 3,187,843.77 3,187,843.77 3,187,843.77 1.770 1.746 1.770 1 276213020-6 16-01 SPECF First Amer Govt Oblig Fund CI 1,976,102.27 1,976,102.27 1,976,102.27 1.770 1.746 1.770 1 218848001-6 2017A&B INT First Amer Govt Oblig Fund CI 07/09/2018 16,746.05 16,746.05 16,746.05 1.770 1.746 1.770 1 218848008-6 2017ABPRIORP First Amer Govt Oblig Fund CI 212,986.48 212,986.48 212,986.48 1.770 1.746 1.770 1 Portfolio TEME CP Run Date:08/29/2018-14:38 PM(PRF PM2)7.3.0 Report Ver.7.3.6.1 City of Temecula, California Portfolio Management Paget Portfolio Details - Investments July 31, 2018 CUSP Investment* Issuer Average Purchase started YTM YTM Days to Maturity Balance Date Par Value Market Value Book Value Rata 380 985 Maturity Date Managed Pool Accounts 218848013-2 2017B COI First Amer Govt Oblig Fund CI 0.00 0.00 0.00 0.000 0.000 1 218848000-6 2017B DS First Amer Govt Oblig Fund CI 6,421.20 6,421.20 6,421.20 1.770 1.746 1.770 1 218848009-6 2017B_PROJ First Amer Govt Oblig Fund CI 12,681,488.22 12,681,488.22 12,681,488.22 1.770 1.746 1.770 1 233358009-6 233358009-6 First Amer Govt Oblig Fund CI 07/01/2018 0.00 0.00 0.00 0.000 0.000 1 94434160-6 RDA-02INT First Amer Govt Oblig Fund CI 0.00 0.00 0.00 0.000 0.000 1 94434161-6 RDA-02PRIN First Amer Govt Oblig Fund CI 0.00 0.00 0.00 0.000 0.000 1 107886000-6 RDA-06AINT First Amer Govt Oblig Fund CI 0.00 0.00 0.00 0.000 0.000 1 107886001-6 RDAO6APRIN First Amer Govt Oblig Fund CI 0.00 0.00 0.00 0.000 0.000 1 107886010-6 RDA06BINT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886011-6 RDA06BPRIN First Amer Govt Oblig Fund CI 0.00 0.00 0.00 0.680 0.671 0.680 1 107886016-6 RDAO6BRES First Amer Govt Oblig Fund CI 0.00 0.00 0.00 0.940 0.927 0.940 1 107886020-6 RDA07INT First Amer Govt Oblig Fund CI 0.00 0.00 0.00 0.000 0.000 1 107886021-6 RDA07PRIN First Amer Govt Oblig Fund CI 0.00 0.00 0.00 0.930 0.917 0.930 1 107886028-6 RDA07PROJ First Amer Govt Oblig Fund CI 0.00 0.00 0.00 0.940 0.927 0.940 1 107886026-6 RDA07RES First Amer Govt Oblig Fund CI 0.00 0.00 0.00 0.940 0.927 0.940 1 136343008-6 RDA10APROJ First Amer Govt Oblig Fund CI 0.00 0.00 0.00 0,000 0.000 1 136343018-6 RDA10BPROJ First Amer Govt Oblig Fund CI 0.00 0.00 0.00 0.000 0.000 1 136343000-6 RDA10INT First Amer Govt Oblig Fund CI 0.00 0.00 0.00 0.000 0.000 1 136343001-6 RDA10PRIN First Amer Govt Oblig Fund CI 07/01/2018 0.00 0.00 0.00 0.000 0.000 1 136343006-6 RDA10RSRV First Amer Govt Oblig Fund CI 07/01/2018 0.03 0.03 0.03 0.000 0.000 1 146161000-6 RDA11AINT First Amer Govt Oblig Fund CI 0.00 0.00 0.00 0.000 0.000 1 146161001-6 RDA11APRIN First Amer Govt Oblig Fund CI 0.00 0.00 0.00 0.000 0.000 1 94669902-3 03-1 BOND3 First American Treasury 07/01/2018 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 02 INTI First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 94434161-2 RDA 02 PRIN2 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 136343018-2 RDA 108 CIP2 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 146161008-3 RDA11APROJ Federated Institutional Tax Fr 0.00 0.00 0.00 0.800 0.789 0.800 1 146161006-3 RDA11ARSRV Federated Institutional Tax Fr 07/01/2018 0.00 0.00 0.00 0.000 0.000 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669917-5 03-01 RES Federated Tax Free Obligations 07/01/2018 0.00 0.00 0.00 0.000 0.000 1 94669906-5 03-01 RESA11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94669916-5 03-01 RESB11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669000-5 03-01SPTAX11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 164742006-5 03-06 RES Federated Tax Free Obligations 07/01/2018 0.00 0.00 0.00 0.000 0.000 1 164742000-5 03-06 SPEC Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 Portfolio TEME CP Run Date:08/29/2018-14:38 PM(PRF_PM2)7.3.0 City of Temecula, California Portfolio Management Page 3 Portfolio Details - Investments July 31, 2018 CUSIP Investment* luuer Average Purchase Shed YTM YTM Days to Maturity Balance Date Par Value Market Value Book Value Rate 380 385 Maturity Deis Managed Pool Accounts 94669902-5 03-1 bond fd Federated Tax Free Obligations 07/01/2018 0.00 0.00 0.00 0.000 0.000 1 94686001-5 03-4 ADMIN11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94686005-5 03-4 PREP11 Federated Tax Free Obligations 07/01/2018 0.00 0.00 0.00 0.000 0.000 1 94686006-5 03-4 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669917-1 03-01-1 RES CA Local Agency Investment Fun 0.00 0.00 0.00 1.944 1.917 1.944 1 276213008-1 03-02 IMP CA Local Agency Investment Fun 15,278,360.50 15,278,360.50 15,278,360.50 1.944 1.917 1.944 1 164742006-1 03-06 RES-1 CA Local Agency Investment Fun 316,156.60 316,156.60 316,156.60 1.944 1.917 1.944 1 229462007-1 03-1 2012 RE CA Local Agency Investment Fun 790,391.53 790,391.53 790,391.53 1.944 1.917 1.944 1 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 0.00 0.00 0.00 1.944 1.917 1.944 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 0.00 0.00 0.00 1.944 1.917 1.944 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 0.00 0.00 0.00 1.944 1.917 1.944 1 164741006-1 0303-1 RES CA Local Agency Investment Fun 1,465,065.59 1,465,065.59 1,465,065.59 1.944 1.917 1.944 1 107886028-1 RDA 07 PRO-1 CA Local Agency Investment Fun 0.00 0.00 0.00 1.944 1.917 1.944 1 107886026-1 RDA 07 RES-1 CA Local Agency Investment Fun 0.00 0.00 0.00 1.944 1.917 1.944 1 136343018-1 RDA 10B CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 1.944 1.917 1.944 1 229462020-0 03-01 CASH USBANK 810.31 810.31 810.31 0.000 0.000 1 233358050-1 01-2 SPECESC U.S.Treasury 0.00 0.00 0.00 0.360 0.355 0.360 1 Subtotal and Average 48,558,973.83 48,875,874.95 48,875,874.95 48,875,874.95 1.809 1.834 1 Retention Escrow Account NOBEL COMPANY Nobel Comp Banner Bank 0.00 0.00 0.00 0.370 0.365 0.370 1 ARMY CORPS Army Corps Union Bank 601,941.78 601,941.78 601,941.78 0.300 0.296 0.300 1 218848050-0 2002 ESCROW USBANK 07/01/2018 0.00 0.00 0.00 0.000 0.000 1 218848060-0 2006AESCRO USBANK 07/01/2018 0.00 0.00 0.00 0.000 0.000 1 218848070-0 2006BESCRO USBANK 07/01/2018 0.00 0.00 0.00 0.000 0.000 1 218848080-0 2007ESCROW USBANK 07/01/2018 0.00 0.00 0.00 0.000 0.000 1 146161020-0 2011A CASH USBANK 792,182.85 792,182.85 792,182.85 0.000 0.000 1 146161020-2 2011A TREAS USBANK 17,257,833.16 17,257,833.16 17,257,833.16 1.640 1.618 1.640 1 136343020-0 RDA10B CASH USBANK 777,708.12 777,708.12 777,708.12 0.000 0.000 1 229462020-2 03-01 ESCROW U.S.Treasury 842,434.76 842,434.76 842,434.76 0.063 0.062 0.063 1 136343020-2 RDA1OBTREAS U.S.Treasury 12,699,668.41 12,699,668.41 12,699,668.41 1.640 1.618 1.640 1 Subtotal and Average 32,888,995.80 32,971,789.08 32,971,789.08 32,971,789.08 1.477 1.497 1 Letter of Credit 218848006-1 2017B RESER ASSURED GUARANTY MUNICIPAL COR 07/01/2018 1.00 1.00 1.00 0.000 0.000 1 233358006-1 01-2 REFRESI ASSURANCE CO BOND INSURANCE 07/01/2018 1.00 1.00 1.00 0.000 0.000 1 Portfolio TEME CP Run Date:08/29/2018-14:38 PM(PRF_PM2)7.3.0 City of Temecula, California Portfolio Management Page4 Portfolio Details - Investments July 31, 2018 CUSIP Investment t Issuer Average Purchase Stated YTM YTM Days to Maturity Balance Date Pr Value Market Value Book Value plats 380 385 Maturity Date Subtotal and Average 2.00 2.00 2.00 2.00 0.000 0.000 1 Trust Accounts 6746058700 PARS Pension US Bank Trust 8,050,434.89 8,050,434.89 8,050,434.89 2.340 2.308 2.340 1 Subtotal and Average 8,010,879.50 8,050,434.89 8,050,434.89 8,050,434.89 2.308 2.340 1 Local Agency Investment Funds SYSCITY CITY CA Local Agency Investment Fun 218,422.97 218,013.84 218,422.97 1.944 1.917 1.944 1 SYSRDA RDA CA Local Agency Investment Fun 1,798.43 1,795.06 1,798.43 1.944 1.917 1.944 1 SYSTCSD TCSD CA Local Agency Investment Fun 15,768,778.18 15,739,241.19 15,768,778.18 1.944 1.917 1.944 1 Subtotal and Average 22,284,783.52 15,988,999.58 15,959,050.09 15,988,999.58 1.917 1.944 1 Federal Agency Callable Securities 3130A4G89 01207 Federal Home Loan Bank 03/24/2015 1,000,000.00 989,860.00 1,000,000.00 1.650 1.627 1.650 419 09/24/2019 3130AAME5 01226 Federal Home Loan Bank 01/30/2017 1,000,000.00 968,710.00 1,000,000.00 2.020 1.948 1.975 1,273 01/25/2022 3130AANA2 01227 Federal Home Loan Bank 01/30/2017 1,000,000.00 981,500.00 1,000,000.00 1.750 1.726 1.750 729 07/30/2020 3130AAW38 01228 Federal Home Loan Bank 03/22/2017 1,000,000.00 992,370.00 1,000,000.00 1.500 1.479 1.500 1,329 03/22/2022 3130AB3N4 01231 Federal Home Loan Bank 04/28/2017 1,000,000.00 985,660.00 1,000,000.00 1.550 1.529 1.550 454 10/29/2019 3130ABYY6 01235 Federal Home Loan Bank 08/24/2017 1,000,000.00 971,500.00 1,000,000.00 1.750 1.726 1.750 938 02/24/2021 3130ACN83 01238 Federal Home Loan Bank 10/30/2017 1,000,000.00 982,090.00 1,000,000.00 1.700 1.677 1.700 653 05/15/2020 3130ADFV9 01241 Federal Home Loan Bank 01/29/2018 1,000,000.00 985,810.00 1,000,000.00 2.250 2.219 2.250 912 01/29/2021 3134G8QB8 01219 Federal Home Loan Mtg Corp 03/29/2016 1,000,000.00 992,800.00 1,000,000.00 1.270 1.253 1.270 240 03/29/2019 3134G8PP8 01220 Federal Home Loan Mtg Corp 03/30/2016 1,000,000.00 973,580.00 1,000,000.00 1.500 1.661 1.684 791 09/30/2020 3134GAXX7 01224 Federal Home Loan Mtg Corp 11/30/2016 1,000,000.00 996,450.00 1,000,000.00 1.000 0.986 1.000 121 11/30/2018 3134GBAB8 01229 Federal Home Loan Mtg Corp 03/27/2017 1,000,000.00 984,090.00 1,000,000.00 1.670 1.647 1.670 604 03/27/2020 3134GBGZ9 01232 Federal Home Loan Mtg Corp 04/27/2017 1,000,000.00 971,060.00 1,000,000.00 2.000 1.964 1.991 1,275 01/27/2022 3134GBNK4 01234 Federal Home Loan Mtg Corp 05/30/2017 1,000,000.00 981,500.00 1,000,000.00 1.625 1.603 1.625 667 05/29/2020 3134GBL42 01237 Federal Home Loan Mtg Corp 09/28/2017 1,000,000.00 977,170.00 1,000,000.00 1.670 1.647 1.670 789 09/28/2020 3134GBR95 01239 Federal Home Loan Mtg Corp 10/30/2017 1,000,000.00 988,290.00 1,000,000.00 1.625 1.603 1.625 455 10/30/2019 3134GSGF6 01242 Federal Home Loan Mtg Corp 03/15/2018 1,000,000.00 989,660.00 1,000,000.00 2.625 2.589 2.625 1,141 09/15/2021 3134GSMF9 01246 Federal Home Loan Mtg Corp 05/30/2018 1,000,000.00 992,460.00 1,000,000.00 3.000 2.959 3.000 1,759 05/26/2023 3136G2EC7 01205 Federal National Mtg Assn 02/27/2015 1,000,000.00 993,940.00 1,000,000.00 1.300 1.282 1.300 210 02/27/2019 3136G2WT0 01216 Federal National Mtg Assn 01/27/2016 1,000,000.00 982,800.00 1,000,000.00 1.450 1.430 1.450 544 01/27/2020 3136G2XH5 01217 Federal National Mtg Assn 02/24/2016 1,000,000.00 980,920.00 1,000,000.00 1.400 1.381 1.400 572 02/24/2020 3136G3CL7 01218 Federal National Mtg Assn 03/24/2016 1,000,000.00 973,190.00 1,000,000.00 1.420 1.401 1.420 785 09/24/2020 3136G3TE5 01221 Federal National Mtg Assn 06/29/2016 1,000,000.00 973,330.00 1,000,000.00 1.250 1.233 1.250 698 06/29/2020 3136G3X59 01222 Federal National Mtg Assn 08/23/2016 1,000,000.00 985,390.00 1,000,000.00 1.100 1.085 1.100 387 08/23/2019 Portfolio TEME CP Run Date:08/29/2018-14:38 PM(PRF_PM2)7.3.0 City of Temecula, California Portfolio Management Page 5 Portfolio Details - Investments July 31, 2018 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rats 360 365 Maturity Date Federal Agency Callable Securities 3136G4ST1 0124) Federal National Mtg Assn 06/28/2018 1,000,000.00 995,150.00 1,000,000.00 2.800 2.762 2.800 1,062 06/28/2021 Subtotal and Avsraga 25,000,000.00 25,000,000.00 24,589,280.00 25,000,000.00 1.697 1.720 752 Federal Agency Bullet Securities 3133EEHU7 01202 Federal Farm Credit Bank 01/14/2015 1,000,000.00 996,330.00 1,000,000.00 1.410 1.391 1.410 166 01/14/2019 3133EGJ30 01225 Federal Farm Credit Bank 11/18/2016 1,000,000.00 981,430.00 1,000,000.00 1.100 1.085 1.100 474 11/18/2019 3130A5MH9 01211 Federal Home Loan Bank 06/26/2015 1,000,000.00 996,720.00 1,000,000.00 1.360 1.341 1.360 147 12/26/2018 3130A8ZV8 01223 Federal Home Loan Bank 08/23/2016 1,000,000.00 984,780.00 1,000,000.00 1.000 0.986 1.000 387 08/23/2019 3130ABDX1 01233 Federal Home Loan Bank 05/24/2017 1,000,000.00 992,040.00 1,000,000.00 1.400 1.381 1.400 296 05/24/2019 3130AC3F9 01236 Federal Home Loan Bank 08/10/2017 1,000,000.00 988,910.00 1,000,000.00 1.420 1.853 1.878 392 08/28/2019 3130ADEB4 01240 Federal Home Loan Bank 01/12/2018 1,000,000.00 985,960.00 1,000,000.00 2.125 2.096 2.125 895 01/12/2021 3130ADR79 01243 Federal Home Loan Bank 03/20/2018 1,000,000.00 994,040.00 1,000,000.00 2.300 2.268 2.300 597 03/20/2020 3130ADSJ2 01244 Federal Home Loan Bank 03/08/2018 1,000,000.00 990,070.00 1,000,000.00 2.460 2.426 2.460 950 03/08/2021 3130ADXU1 01245 Federal Home Loan Bank 04/09/2018 1,000,000.00 995,020.00 1,000,000.00 2.320 2.288 2.320 526 01/09/2020 Subtotal and Average 10,000,000.00 10,000,000.00 9,905,300.00 10,000,000.00 1.712 1.735 483 Total and Average 149,523,874.71 140,687,080,50 140,151,711.01 140,687,080.50 1.745 1.789 169 Portfolio TEME CP Run Dale:08/29/2018-14:38 PM(PRF_PM2)7.3.0 City of Temecula, California Portfolio Management Page 8 Portfolio Details -Cash July 31, 2018 CUSIP Investment M Issuer Average Purchase Stated YTM YTM Days to Balance Date Par Value Market Value Book Value Rate 380 385 Maturity Passbook/Checking Accounts 1453718479 WORKERS COMP BANK OF AMERICA MERRILL LYNC 07/01/2018 16,637.50 16,637.50 16,637.50 0.000 0.000 1 SYSPetty Cash Petty Cash City of Temecula 07/01/2018 3,311.00 3,311.00 3,311.00 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 11,283,928.87 11,283,928.87 11,283,928.87 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2018 7,231.00 7,231.00 7,231.00 0.000 0.000 1 Average Balance 0.00 1 Total Cash and Investments 149,523,874.71 151,998,188.87 151,482,819.38 151,998,188.87 1.745 1.789 189 Portfolio TEME CP Run Date:08/29/2018•14:38 PM(PRF_PM2)7.3.0 Cash and Investments Report CITY OF TEMECULA Through July 2018 Fund! Fund Name Beginning Balance Recelot/ Disbursements Fund Total 001 GENERAL FUND $ 30,230,140.95 $ 5,243,112.10 $ 5,692,140.50 $ 29,781,112.55 002 MEASURE S FUND 1,345,221.02 2,048,955.81 - 3,394,176.83 100 STATE GAS TAX FUND 178,295.48 181,620.65 178,295.48 181,620.65 102 RMRA-ROAD MAINTENANCE REHABILITATION ACT 415,579.13 97,068.35 - 512,647.48 120 DEVELOPMENT IMPACT FUND 3,986,453.76 204,182.79 - 4,190,636.55 125 PEG PUBLIC EDUCATION&GOVERNMENT 353,967.40 1,379.03 5,333.40 350,013.03 145 TEMECULA ENERGY EFFICIENCY ASSET TEAM 189,254.74 674.39 - 189,929.13 150 AB 2766 FUND 95,349.51 235.07 - 95,584.58 160 SUPPLEMENTAL LAW ENFORCEMENT SERVICES 16,665.30 37.12 16,665.30 37.12 161 TEMECULA MAJOR CRIMES REWARD FUND 25,873.69 91.16 - 25,964.85 165 AFFORDABLE HOUSING 874,052.91 2,167.00 45,166.35 831,053.56 170 MEASURE A FUND 1,474,796.88 517,915.86 - 1,992,712.74 190 TEMECULA COMMUNITY SERVICES DISTRICT 2,187,250.65 283,071.89 1,463,133.62 1,007,188.92 192 TCSD SERVICE LEVEL"B"STREET LIGHTS 327,460.58 683.13 75,840.75 252,302.96 194 TCSD SERVICE LEVEL"D"REFUSE/RECYCLING 134,691.16 5,293.45 5,239.55 134,745.06 195 TCSD SERVICE LEVEL"R"STREET/ROAD MAINT 26,420.72 89.01 - 26,509.73 196 TCSD SERVICE LEVEL"L"LAKE PARK MAINT. 416,394.09 3,651.12 20,175.88 399,869.33 197 TEMECULA LIBRARY FUND 433,289.85 10,901.04 87,257.69 356,933.20 198 PUBLIC ART 25,789.11 4,377.19 - 30,166.30 210 CAPITAL IMPROVEMENT PROJECT FUND 9,208,097.43 443,304.30 2,727,859.36 6,923,542.37 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 268,984.02 373.38 - 269,357.40 277 CFD-RORIPAUGH 15,941,296.56 73,501.75 - 16,014,798.31 278 CFD-RORIPAUGH II 6,488,670.82 8,980.54 - 6,497,651.36 300 INSURANCE FUND 479,409.63 231,852.55 554,652.17 156,610.01 305 WORKER'S COMPENSATION 1,394,237.60 4,210.15 67,554.79 1,330,892.96 310 VEHICLES AND EQUIPMENT FUND 2,293,054.47 20,988.44 75,474.84 2,238,568.07 320 INFORMATION TECHNOLOGY (131,466.84) 799,893.42 337,335.25 331,091.33 325 TECHNOLOGY REPLACEMENT FUND 740,577.44 44,390.00 87,040.49 697,926.95 330 CENTRAL SERVICES 329,600.21 76,003.67 43,142.00 362,461.88 340 FACILITIES 321,542.55 310,100.83 110,555.98 521,087.40 380 SARDA DEBT SERVICE FUND 44,576,880.12 536,699.00 366,626.32 44,746,952.80 381 REDEVELOPMEN PROPERTY TAX TRUST 3,687,211.27 7,235.25 305,000.00 3,389,446.52 460 CFD 88-12 DEBT SERVICE FUND 90,742.16 319.71 - 91,061.87 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 1,342,347.31 36,781.14 29,491.92 1,349,636.53 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 2,360,263.35 75,902.65 59,053.97 2,377,112.03 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 150,936.53 261.65 362.62 150,835.56 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 3,406,585.40 46,686.97 33,154.36 3,420,118.01 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 598,087.40 14,286.68 11,610.50 600,763.58 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 1,357,609.41 40,232.73 36,689.82 1,361,152.32 478 CFD-RORIPAUGH II 5,187,372.21 35,934.89 28,315.05 5,194,992.05 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 14,429.44 167.60 2,885.08 11,711.96 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 87,728.96 501.02 5,539.49 82,690.49 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 29,718.81 390.48 2,866.02 27,243.27 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 4,043.25 10.86 535.47 3,518.64 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 25,092.60 70.49 2,778.89 22,384.20 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 29,805.55 113.35 1,346.13 28,572.77 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 1,700.16 5.57 1,331.33 374.40 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 99,614.41 848.96 12,271.97 88,191.40 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 24,736.05 83.29 194.07 24,625.27 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 11,558.52 34.84 604.15 10,989.21 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 2,596.50 7.74 172.31 2,431.93 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 101,009.31 293.53 6,430.98 94,871.86 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP 22,040.51 201.93 2,310.48 19,931.96 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 8,037.15 20.52 1,336.01 6,721.66 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 6,115.19 14.60 631.20 5,498.59 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 49,625.24 165.77 1,768.66 48,022.35 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 1,183.78 206.50 170.19 1,220.09 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 53,144.92 1,096.15 8,950.48 45,290.59 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 95,070.21 433.08 3,078.25 92,425.04 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 181,957.04 2,464.26 10,537.97 173,883.33 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 225,200.35 1,943.63 14,430.86 212,713.12 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 6,413.74 19.56 323.64 6,109.66 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 16,172.30 303.18 499.39 15,976.09 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 98,013.95 903.20 14,047.11 84,870.04 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 57,634.06 708.49 7,294.21 51,048.34 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 920.00 2.18 182.61 739.57 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 9,232.34 116.41 968.92 8,379.83 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 442,086.58 1,723.45 15,827.89 427,982.14 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 248.37 1.09 193.82 55.64 530 SERVICE LEVEL"C"ZONE 30 FUTURE ZONES 34,525.54 121.63 - 34,647.17 701 PENSION RATE STABILIZATION FUND $ 8,009,354.32 41,080.57 - $ 8,050,434.89 Grand Total: $ 152,577.995.13 $ 11,467.499.79 $ 12,582.675.54 S 151.462.819.38 Journal Entries completed after June's Treasurer's Report was issued are reflected in the Receipts Disbursements columns. Item No . 5 Approvals ?//�-- City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Legislative Director/City Clerk DATE: September 25, 2018 SUBJECT: Adopt Ordinance 18-07 Amending Section 2.40.100 of the Temecula Municipal Code Relating to Compensation for City Commissioners and Board Members (Second Reading) (At the Request of Mayor Rahn and Mayor Pro Tempore Naggar) PREPARED BY: Randi Johl, Legislative Director/City Clerk RECOMMENDATION: That the City Council adopt an ordinance entitled: ORDINANCE NO. 18-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.40.100 OF THE TEMECULA MUNICIPAL CODE RELATING TO COMPENSATION FOR CITY BOARD AND COMMISSION MEMBERS BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. With the exception of urgency ordinances, Government Code Section 36934 requires two readings of standard ordinances more than five days apart. Ordinances must be read in full at the time of introduction or passage unless a motion waiving the reading is adopted by a majority of the City Council present. Ordinance No. 18-07 was first introduced at the regularly scheduled meeting of August 28, 2018. FISCAL IMPACT: None ATTACHMENTS: Ordinance ORDINANCE NO. 18-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.04.100 OF THE TEMECULA MUNICIPAL CODE RELATING TO COMPENSATION FOR CITY BOARD AND COMMISSION MEMBERS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 2.40.100 of the Temecula Municipal Code is hereby amended to read as follows: "Section 2.40.100 Compensation City commissioners shall receive monthly compensation as follows: Community Services Commission $100 per meeting attended Planning Commission $100 per meeting attended Public/Traffic Safety Commission $100 per meeting attended Old Town Local Review Board $100 per meeting attended" Section 2. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Section 3. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of September, 2018. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Ords 18-07 1 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. 18-07 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 28th day of August, 2018, and that thereafter, said ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25th day of September, 2018, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Ords 18-07 2 Item No . 6 Approvals ;/,�-- City Attorney �`�'�/ Director of Finance City Manager (Y CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Legislative Director/City Clerk DATE: September 25, 2018 SUBJECT: Appoint Members to the Community Services Commission and Public/Traffic Safety Commission PREPARED BY: Randi Johl, Legislative Director/City Clerk RECOMMENDATION: That the City Council appoint Cecilie Nelson and Zak Schwank to the Community Services Commission and Robert Hagel to the Public/Traffic Safety Commission. BACKGROUND: On October 10, 2018, there will be two vacancies on the Community Services Commission and one vacancy on the Public/Traffic Safety Commission. The application period for both ran from August 1 — August 31, 2018. Twelve Community Services Commission applications were forwarded to the subcommittee of Mayor Rahn and Council Member Comerchero for review and recommendation and five Public/Traffic Safety Commission applications were forwarded to the subcommittee of Mayor Rahn and Council Member Edwards for the same. Mayor Rahn and Council Member Comerchero recommended the appointment of Cecilie Nelson and Zak Schwank to the Community Services Commission and Mayor Rahn and Council Member Edwards recommended the appointment of Robert Hagel to the Public/Traffic Safety Commission. These appointments will expire on October 10, 2021. All applicants are registered voters and live within the city limits of the City of Temecula. FISCAL IMPACT: None ATTACHMENTS: 1. Twelve Community Services Commission Applications 2. Five Public/Traffic Safety Commission Applications COMMUNITY SERVICES COMMISSION APPLICATIONS Li -mor Ravin `u, iii,,, -___ •-' I_ T; '�, City of Temecula ilk,, 41000 Main Street Board and Commission Temecula, CA 92590 Appointment Application �qgq / TemeculaCA.gov (951)694-6444 i — -- 2018 For proper consideration, you must currently be a resident of the City of TemeDe PT. Four Voter within the City Limits of the City of Temecula at the time the app ica ion is Suittea. The original completed application must be receiveciby the deadline. Please chec one. ((��� 0_Planning Community Services Public Traffic Safety J)ld Town Local Review Board Number of years as a City of Temecula Resident Are you a City Registered Voter? NAME: — CCUPATION: )t.1Su) N Com? . 1.1.LI ADDRESS: --11.1111 DAYTIME PHONE: ilillMIII.EVENING PHONE: EMPLOYER NAME: -ail L.4---- EMPLOYER ADDRESS: EMAIL Educational Background/Degrees: 9 -f il,-ASS 1 YYAS io.> co)-,- ,'r }N1 List any City or County Board, Committee or Commission on which you have served and the year(s) of service: r ) -Ct>L-10 \i' Y QI iaT)‘-I' .61 12 r�i- i�1T l i -1- v- c-i-+C c) � List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs,P7131 S`f c,2,-1m3V'10_ il"� �.-r�%/ �1-�-� c , y "�e+)436 _ _ ,_gry)pj State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) 1 tit, -FASC c%s?-rrlr i•-)11`f Al-Y) )T'S 0 c-�S 1 I t,T-T Ll L,•P..7)-\:I -) I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: ,--_---;------1.7: )2 v- Date: C91/a) 201,3 Please mail or return to: City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Jenny Shin /trt.q�: ' ?I.. City of Terse& tiac . . - .,`. 41000 Main Street Board and Commission Temecula.CA 92590 AUG 16 2019 Appointment Application 198y \tuns) TemeculaCA.gov ov (951)694-6444 — CITY CLARKS tuarIf. For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is suomi e . e rigl`n rcompletet appiic`aTon must oe receivec ny the oeachne. Please check one:h (� Planning I )Community Services ["Public Traffic Safety !)Old Town Locai Review Board Number of years as a City of Temecula Resident 4 Are you a City Registered Voter? Yes Jenny Shin Attorney NAME: OCCUPATION; ADDRESS. 'ITYiSTATE/ZIP DAYTIME PHONE:■ EVENING PHONE: Law Office of Jenny Shin EMPLOYER NAME: EMPLOYER ADDRESS: EMAIL California EMAIL Educational Background/Degrees: Law Degree(J.D.),with-honors,University of San Francisco(2000);B.S.Degree in E'nomics,with Honors,UC Riverside(1996); Associates Degree in Political Science,Riverside Community College(1992). List any City or County Board, Committee or Commission on which you have served and the year(s)of service: Temecula Valley Unified School Distrid Citizens'Oversight Committee,2016-Present(Committee Chair 05/2018-Present). List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): State Bar of California,Riverside County Bar Association,Church of Jesus Christ of Latter-Day Saints,PTA. I have served in leadership positions in various community-based organizations for more than 14 years. State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) I love Temecula and am passionate about serving my community and sharing my time,talents and efforts to keep this City a wonderful place to live,work,thrive and raise the next generation of responsible and engaged citizens. I understand that any or all information on this form may be verified.I consent to the release of this information for public information purposes. 4e I Signature: Date: t(1u5f 15i )-01�f ase mail or return to:City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Zak Schwank /411%„,L City of Tern* * ro Board and Commission IN1., 41000 Main Street .1 igispi� Temecula,CA 92590 AUG 2- Z01 Appointment Application TemeculaCA.gov (951)694-6444 CITY CLERKS DtV1, For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is submitted. i he ongmat compteteo application must De received by trio aeaaiine. P)nse check one:h Planning I Community Services nPublic Traffic Safety aid Town Local Review Board Number of years as a City of Temecula Resident 1 Are you a City Registered Voter'? Yes Zak Schwank PBIS Behavior Assistant NAME: ADDRESS: CITY/STATE/ZIP DAYTIME PHONE: EVENING PHONE: ■- NUS D EMPLOYER NAME: 41951 Moraga Rd. EMPLOYER ADDRESS: EMAIL Educational Background/Degrees: Attending MSJC List any City or County Board, Committee or Commission on which you have served and the year(s)of service: City of Temecula Community Services Commission 2013-Present List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): Founder Temecula Bike Train,DMS PTSA State why you wish to serve on this commission,and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) See attached. I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. I/26 `d' Signature: / Date: 1 Please mail or return to:City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Zak Schwank 20 August 2018 Dear City Council, Our family has called Temecula home since 2001.From the very beginning we knew Temecula was a special place.We quickly got involved in our community,mostly through the school district and local clubs at Paloma Elementary School.In 2011 we started Temecula Bike Train_Temecula Bike Train educates and empowers families on how to bike and walk to schools in Temecula.In 2013 I was appointed to the Community Services Commission and have served our community in that capacity ever since.On the Community Services Commission, I have worked tirelessly for Temecula residents on a variety of issues. I would love to serve Temecula for another three year term as a Community Services Commissioner.Thank you for your consideration. Regards, Zak Schwank Brad Hinkson "` , , City of Temecula '„. . ' 41000 Main Street RECEIVE%• Board and Commission K11___ p ) Temecula,CA 92590 1989 / TemeculaCA.gov AUG ., Q Appointment Application (951) 694-6444 CITY CLERKS 0E111. For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is submitted.The original compieted application must be received by the deadline. se check one: �� __ _Planning ommunity Services Public Traffic Safety ((LJDld Town Local Review Board Number of years as a City of Temecula Resident 2 0 Are you a City Registered Voter? j' NAME: pCc 14-xylk c 4 OCCUPATION: (Le `F i ft'c4 ( F1 c Itev- ADD RESS: ITY/STATE2IP DAYTIME PHONE: EVENING PHONE: 561 l,.`'e EMPLOYER NAME: EMPLOYER ADDRESS: EMAIL Educational Background/Degrees: '3 IUB , - IM' s . G i e cc L; v.y C i--e -e-',c4(q i M a 9,175 C AA.1 S C.- List any City or County Board, Committee or Commission on which you have served and the year(s) of service: List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): rG Mu y -Ee .f...�ii� ) �,,r c4u;2Fv -<,w1.et.,Jik V. 1\{-y Platter) �czr.cy d Q�c� Qt 5 /V t())--1 Lc)/'‘•Slfrr —� q"f J:�.�,.A/eer �' 'ye r5 ` - o v N <i V ''t I Lty I!✓!�^G^lr 1.C'v"W • 1A J!�i C_. j e i Tc o a! State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: , -'---�t----�'� Date: i' Z 2 ' 1 Please mail or return to:City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE James L. Day Middle School "A California Distinguished School" Clultilleillpro;111/11 Temecula Valley Unified School District "Home of the Dolphins" Rob Sousa, Principal August 2018 Re: Brad Hinkson Letter of Recommendation To Whom It May Concern, It is a pleasure to write this letter of recommendation on behalf of Mr. Brad Hinkson. Mr. Hinkson recently retired after 27 years of service as the Temecula Middle School band teacher. I have had the privilege of working with Mr. Hinkson for the past 13 years as his direct supervisor, and can speak to his professionalism, organizational skills and enthusiasm for whatever he does. Without a doubt, Mr. Hinkson was the finest band teacher in all of the Temecula Valley. He was a professional who brought out the best in his students by being clear in his instruction and specific in his feedback regarding their performance. He was the band teacher all other band teachers went to for advice and strategies to make their programs better. As a professional, Mr. Hinkson always made time for those who needed help. Mr. Hinkson taught classes in excess of 60 students, and each year averaged 250 students in his program. He planned and organized concerts for our community, brought in renowned composers to write music and guest conduct, and he gave his students a deeper enrichment through challenging competitions. Every year, Mr. Hinkson organized and led band field trips to Disneyland and to competitions in San Jose, California and Las Vegas, Nevada. These field trips took a great deal of organization on his part and collaboration with his band parents to ensure successful, trouble-free trips. Most of all, Mr. Hinkson has consistently demonstrated a love and enthusiasm for whatever he does. In whatever event he plans, he puts all his energy into making sure everyone else comes away feeling positive about the activity. Through the years, his students, parents and fellow staff members have benefited from such enthusiasm; he has created many fond memories for so many different people. For these reasons, I am able to confidently recommend Mr. Brad Hinkson for any position to which he applies. He would make a wonderful addition to any staff. Please feel free to contact me if you would like to further discuss this recommendation. S erely (. ,c Rob Sousa Principal 40775 Camino Campos Verdes • Temecula, CA 92591 Phone(951) 699-8138 • Fax(951)699-4198 • /\ .-Er - WJAHL..A t•PUCA A.Ir �bv - -' TEMECULA VALLEYMil Schaaf kind ....w r.M 4 or tlCr+. SUPER U'E1,410ty ',Tommy Br August 20.201$ To the Temecula Community Service Commission Selection Committer: It is with greet*inure that 1 write this letter of recommendation and support on behal f o f Mr. Brad Rinks=for a position on the Temecula Community Service Commission.I have known and worked with Brad for more than 10 yens and have found him to be bright,articulate. thoughtful,and an amazing team member.He served the Temecula Valley Unified School District as a Band and Music Instrucar for 27 years with distinction. For 20 years Brad has lived and worked in Temecula,as a result he is extremely well connected and has a large network of residents who provide him with a penexctive of our city that few will have, Brad was an asset to TVUSD in his years of service.He is a leader who is an effective eoe{nmurucator and someone who socks solutions to problems.His skill set is ideal in my opinion as a Connaiissioner in our city.I am confident that he will bring the same talents, ahtelitirs,knowledge,and insight that served him so well as a long time educator in our community. It is without reservation that I support Mr.Brad Hinkson to the Temecula Commmity Service Commission and I ask that you give his application your careful consideration.Ill can be of' hasher assistance please do not hesitate to contact me. Respecthlly, rtmothy Ritter Superintendent Cecilie D . Nelson 7,-„, ,i7,,,..„.„ t ��, City of Temecula- Board and Commission - 141000 Main Street AO/ Temecula,CA 92590 Appointment Application Temecula'CA.gov (951)694-6444 For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application . EIVED submitted.The original completed application must be received by the deadline. Please check oneAUG 24 2016 s _ Planning ✓ Community Services Public Traffic Safety _Old Town Local RevievndiTdf DEPT. Number of years as a City of Temecula Resident/O Are you a City Registered Voter? • Il NAME: / ' I -S N . OCCUPATION: ADDRESS: CITY/STATE/ZIP DAYTIME PHONE: EVENING PHONE EMPLOYER NAME: r - . , ; ' • I- q N. - 2/ / X r-/ C, •••, ,Ale 145$i l41' . EMPLOYER ADDRESS: " Ar a. •r. ! E#11AIL Educational Badcground/Degr s��;�<?S c-jt'".c6 elle-e.. IA-� eP /Arkeitin �Cjryn� .fir pl e✓ ;3Gtc'lks / 1i iru.5;l`',V,�y---b71�(1 _ A-41-;-' 'c)/"`'P'U1lqi�5c1, /I"`l CJ T cia/r(fr� 1111; c '1 -c2 . si`�ss List any City r County Board,Committee or Commiisssi_on on whi$h you have served nd tire ygar(s)of service: , )Iiisi�" — CiileC/4. 0; . • iveS. �'1'yni k/ :�;ne_e ,./ ce v —.2C'/7 • ci ''Qct . c'� i W Cl z-c i f i�cc il�)rtCQ�C E.Y - i qrf .Cl/7 List any organizations to which you belopg (professional. techal, voluntegroups, on-prort �- organizations. service clubs. etc.):, y/tiC ' I _,�,... 1.4-�- ,� tcc'sir•� CC'co j ScC. c. J<tq‹,,S ,li /10„ '� , f GSc „ceE. r Ac&:e4 jc k , 1 1-7 D. . State why you wish to serve on this commission, and why you believe you are qualified forthe position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) ��! cc;: see. � � / # - understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Si natur G��< - .�. f /s r,t r 9 —� Date: � L�y Please mail or return to:Cly of Temecula, City Clerk's Office 41000 Main Street. Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE August 24, 2018 Randi Johl-Olson,City Clerk City of Temecula 41000 Main Street,Temecula,CA 92592 Dear Mayor Rahn,Council Members,City Manager and Madam City Clerk: Please accept this letter as application and expressed intention and desire to continue serving as Commissioner,Community Services Commission with the City of Temecula. As a current appointee, 10-year resident come this October, Realtors and one who possesses 20+years' experience in business and charitable capacities, I continue to foster a sense of community,diversity accountability and collective pride among fellow residents and commissioners. My latest,and one of my most cherished,affiliation with Alpha Kappa Alpha Sorority,Inc., now affords me the opportunity as Commissioner to expand that effort,and to engage an even more extensive network with the shared aim of providing"Service to All Mankind." Indeed, it is with a renewed sense of civic commitment and drive that I submit this application,as this is perhaps one of the few times in recent years I find my work and extracurricular activities are all aligned in their purpose—to promote education and the arts among our youth,stimulate economic savvy, investment and longevity within our region,and advance health and wellness particularly among our women and seniors. Consider,too,that in addition to my education —an MBA and a Master of Science in Integrated Marketing Communications from the Quinlan School of Business at Loyola University Chicago(both earned while working full time)—I have participated in dual professional and service organizations that truly get to the heart of community. Specifically, I have served as Board Secretary and President for NAHREP-San Diego Chapter, as well as Vice President for WCR-Southwest Riverside County Chapter,and I have been an active member of NAREB_The collective goal of these organizations is to focus on advancing homeownership and affordability whether among various ethnicities,single-parent or extended family households,etc.,which ultimately promotes healthy and thriving communities, financial and credit stability,commerce and better quality education and health for all. It continues to be an honor and a privilege to serve as Commissioner. There is still much to do and, frankly,it's the personal fulfillment and gratification of giving back. That I serve as a fellow ambassador for the City of Temecula and continue to meet, learn from and collaborate with new people experiencing our varying neighborhoods,commerce and recreational offerings is not just"civic duty," but a calling. My hope and excitement for reappointment is in the chance to continue to bring representation, awareness and strides toward a well-lived life for all,but particularly those who may be disadvantaged or underserved. My sleeves are rolled up! Let's talk about what's next for US! For your convenience,I may be reached anytime at or via email at Thanks for all your time and consideration. Your partne r7n service, ..(.\.) m � misAer,Temecula Community Se ces Commission;Realtors,CaIBRE#01943596 Adam A. Ruiz „, I I r„ City of Temeotuia 41000 Main Street Board and Commission � Temecula,CA 92590 AUG 2 9 ZQ nrrtn TemeculaCA.gov Appointment Application (951)694-6444 CITY CLARKS D1PT. For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is submitted The original completed application mus:be received oy the deadline Please check one: � Planning L—(Community Services OPublic Traffic Safety Eild Town Local Review Board Number of years as a City of Temecula Resident Are you a City Registered Voter? Adam A. Ruiz Real Estate Broker NAME: _ O ADDRESS:. STATE/ZIP DAYTIME P • EVENING PHONE: 1st Action Real Estate -- EMPLOYER NAME: 21kg' y,4ERoo.. Su.ta 3d EMPLOYER ADDRESS: -rtimckA,.A, ca azssi EMAIL Educational Background/Degrees: Graduated from Temecula Valley High School,studied at UC Santa Barbara,California Real Estate Broker's License List any City or County Board, Committee or Commission on which you have served and the year(s) of service: I have volunteered for many local organizations(please see attached)out have never served on a City or County Board,Committee or Commission List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs. etc.): Please See Attacned State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) Please See Attached I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: Date: O6'2S \ Please mail or return to:City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Adam A. Ruiz Applicant for Community Services Commission 2018 I have been a resident of Temecula for over 20 years and have been very active in the community for several years. I believe that our local parks, schools, and community events are part of what makes Temecula such a great place to live,work, and to raise a family in. As a local soccer coach, I am very familiar with our local parks. I frequently visit parks in other areas for games and tournaments and know what we do well and what we can improve on. Our parks are truly a blessing for our residents, and I want to be sure that they are properly maintained and available more many years to come. The events that Temecula hosts throughout the year are amazing and continue to attract not only our local residents, but visitors as well. I am very detail oriented and could contribute my organizational skills, networking abilities, and new ideas to continue offering great community events. I am a team player,work well with others,communicate well and am very organized. I am willing to take on and would welcome additional responsibility for any special projects that may be required by the Commission and/or the City to help continue our high quality of life. I believe I would be an asset to the Community Services Commission team. Thank you for your time and consideration. Thank you, 11110 Adam A.Ruiz ADAM A. RUIZ Real Estate Broker A Southern California native, Adam A. Ruiz is a Real Estate industry veteran with deep roots in the Temecula Valley as well as in the local business and non-profit communities. Currently President/Broker of his own Real Estate Company, he has been helping businesses and families in the community purchase and refinance homes and property for over 18 years. He also holds a California Department of Real Estate Broker's License and an NMLS License. In addition to his position as a leading businessman within the community, Ruiz has served on many local organizations and committees. Current positions serving include: • 2018 Chief Financial Officer,Southwest Riverside County Association of REALTORS • 2017-Present Legislative Committee Chair, SRCAR • 2017 Executive Committee,California Association of REALTORS • 2016 President, Southwest Riverside County Association of REALTORS • 2015 Vice President,Southwest Riverside County Association of REALTORS • 2012-Present Director,California Association of REALTORS • 2014-Present Director,National Association of REALTORS • 2015 Vice Chair, State of California Young Professionals Network • Founding President and Current Board Member,New Generations Rotary Club • Board Member, Southwest California Legislative Council • Board Member,SRC Young Professionals Network • Board Member, SWRC Nonprofit Cooperative • Advisory Board Member,Our Nicholas Foundation • Member,Temecula Valley Chamber of Commerce • Member,Murrieta Chamber of Commerce • Many other past Leadership Roles Adam was also instrumental in creating one of the TVCC's most enterprising and successful groups, the Valley Young Professionals (VYP), which now boasts more than 100 members of active, entrepreneurial young business people. In 2006, Ruiz was named Ambassador of the Year by the TVCC, and in 2008, 2010, 2013, 2014 and 2015 his company, A R Home Loans Direct,Inc./lst Action Real Estate,was among only a handful of companies to be nominated for the prestigious TVCC Business of the Year Award. He was also nominated for Citizen of the Year in 2009, 2010, 2011, 2013 and 2014. In 2011 he also was nominated and won Valley Young Professional of The Year for the TVCC. He is also a recipient of the Murrieta Chamber of Commerce's 40 Under 40 Award for 2014 and 2016. Additionally,he was awarded the Valley Guy Award in 2012 and the Brightest Star of the Valley Award in 2014, both at the Stars of the Valley Awards,the annual awards benefit hosted by Charity for Charity. In 2010,he founded the Rotary Club of Temecula Valley—New Generations, the newest Rotary club in the Temecula Valley, and served as the Club's President for the initial 3 years. He also went on to serve as the Assistant District Governor for Rotary District 5330. A married father of two children, Ruiz enjoys spending time coaching his children's soccer team with Temecula United Soccer Club. His hobbies include fitness, playing all sports including football, soccer and basketball, as well as Shaolin Kempo karate, in which he earned his black belt degree. Delano ( D . K . ) Royal City of Temecula - .4k' 41000 Main Street RECE Board and Commission i� , Temecula,Ca,92590 Appointment Application 1989 � TemeculaCA.gov AUG � 9 (951)694-6444 CITY CLERKS De'PT. For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is submitted. I he original completed application must be received by the deadline. piRse check one:h — tanning t' Community Services ' °ubIic Traffic Safety aold Town Local Review Board Number of years as a City of Temecula Resident p2 Are you a City Registered Voter?y.6 NAME: „.s e (D. ) uLi OCCUPATION: -}\ 1 '-x .,._, . - ADDRESS:_ TATE/ZIP DAYTIME PHONE: EVENING PHONE: EMPLOYER NAME: . ..5 '� } i,tL �,a ,,„.,1 \ EMPLOYER ADDRESS: '/ ig P JML� I.Id. EMAIL=1 \,,,, h� u� 'c� i� v( _. Educational Background/Degrees: (, A. PsLickat.u5� ( C ��ervc kg List any City or County Board, Committee or Commission on which you have served and the year(s) of service: N List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): /(41m 55c-.dar ' ) U�(CAr4 C--r — Cc's" l,eN 5:V2 Ac-44-,S W CPQ 1--t✓". State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation andior references are encouraged.) p 1 1"5c- y40,C.ia3 I understand that any or all information on this form may be verified.I consent to the release of this information for public information purposes. Signature: Date: i t/ f Pleas mail or return to:City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Serving on the City of Temecula Community Services board has been a life long dream of mine. It is a significant way for me to participate in civic life, as well as give back to the community. I have always wanted to become a board member, so that I can share my expertise while directly participating in shaping the local community. The conversations that I have shared with Jeff Comanchero, Chuck Washington has led me to choose to serve on the Community Services board as a means of gaining new skills, sharing diverse viewpoints, and also to step out of my comfort zone, as well as aiding and being a voice for this wonderful community. As an Ambassador for the Temecula Chamber of Commerce, I've had the most fortunate chance to engage in all aspects of business/community here in Temecula. I have a diversity of transferrable skills and experiences that can open up to future leadership possibilities, as it is a way that encourages me to be involved in city governance. Sincerely, Delano K.) Royal 4111111111. U.U . Army Reserve Military Police (Inactive) EXECUTIVE SUMMARY Human Resources Professional with over 10 years of comprehensive human resources experi- ence. Expertise in: -Talent Acquisition&Training -Recruiting&Retention -Employee Relations -Compensation & Benefits -Performance Management -HR Policies& Procedures -Process Improvement -Operations Management -EEO Compliance Community- Ambassador-Temecula Valley Chamber of Commerce Volunteer/Event Coordinator for all vendor fairs Comprehensive Autism Center Volunteer-Orcfiestrated Toys for Tots Campaign in conjunction with Comprehensive Autism center Volunteer-Event coordinator for ONF Walk for Autism for Comprehensive Autism Center PROFESSIONAL EXPERIENCE Swissport International Regional Human Resource Manager 2013-2018 -Contract • Planned, developed, organized, implemented, directed and evaluated the region's hu- man resource function and performance. • Translated the strategic and tactical business plans into HR strategic and operational plans. • Developed staffing strategies and implementation plans and programs to identify tal- ent within and outside the corporation for positions of responsibility. Identified appro- priate and effective external sources for candidates for all levels within the region. • Developed proactive compensation and benefits programs to provide motivation, in- centives and rewards for effective performance. • Identified competency, knowledge and talent gaps and develop specific training pro- grams for the filing of the gaps. • Established credibility throughout the region/organization with management and the employees in order to be an effective listener and problem solver of people issues. • Developed appropriate policies and programs for employee relations,diversity Inclu- sion, sexual harassment, employee complaints, external education and career develop ment, • Maintained knowledge of FIR policies, programs, laws and issues, and coordinated the integration of all such programs. • Managed the budget and other financial measures of the Human Resource Depart- ment. • Identified legal requirements and stay current on government reporting regulations af- fecting human resource functions and ensured policies and procedures are in compli- ance. • Forecasted headcount requirements. • Advised management on employee relations issues. • Oversaw performance review program for effectiveness and equity Barret Business Services 2010-2013 Human Resources Consultant • Provided an advisory and consultancy service to staff and management on a range of human resources issues, procedures and policies consistent with employee standards, legislation and guidelines. • Liaised with human resources department staff in ensuring the effective high-quality delivery of the service. • Conducted internal reviews, coordinated external reviews and advised on related pro- cesses as needed. • Provided an efficient and reactive consultancy service to staff and senior management. • Conducted investigations and research Into reclassification, classification and criteria advancement submissions and prepared appraisal reports of employees. • Conducted quality assurance checks and liaised with external consultants and manage- ment to ensure effective meeting of guidelines and standards. • Identified, reviewed, and advised on tasks related to the recruitment process and em- ployment strategies to meet human resources requirements. • Coordinated and participated as a selection panel member in the recruitment process, Including selection, appointment process, preparing reports. • Conducted quality checks of selection and recruitment processes and reports; liaised with external consultants and management to ensure effective meeting of guidelines and standards. • Analyzed people relating metrics, trends and making recommendations to HR manager for any action. • Managed all activities in association with information related to employee perception surveys. • Worked with HR team members to ensure effective meeting of organizational objec- tives through collaboration, openness and personal development. • Developed, interpreted and evaluated human resources operations guidelines and poli- cies. • Liaised with other agencies regarding the issues related to procedures and policies of human resources. • Investigated, researched and prepared brief notes or reports on new policies, proce- dures, and practices of human resources to ensure accurate service delivery. • Conducted special projects related to issues of human resources. EDUCATION &PROFESSIONAL AFFILIATIONS University of California Berkeley, Bachelor of Arts, Psychology COUNTY OF RIVERSIDE District Office:French Valley / e r' Riverside 0114 37600 Sky Canyon Drive,#505 4080 Lemon Street,5*Floor Murrieta,CA 92563 Riverside,CA.92501 (951)955-1030—Fax(951)677-0669 A M (951)955-1030—fax(951)955-2194 Jeff Comerchero,Chief of Staff Hemet Office: E-Mail:Distrid3crcbos.ory 749 N.State Street Hemet,CA.92543 (951)955-1030—Fax:(951)692-3189 SUPERVISOR CHUCK WASHINGTON THIRD DISTRICT August 22, 2018 Re: Delano Royal I am writing this letter in support of Delano Royal. I have gotten to know Delano recently and I like his sense of commitment to his job and community. In that capacity, I have been most impressed with Delano's talents. Delano exhibits loyalty and strong passion and work ethic. He has demonstrated that he cares about people, both as individuals and within his work team. These skills are extremely important and a great benefit in any work environment. Delano has excellent communication skills and is comfortable in any professional situation. Delano has great organizational skills. He is able to successfully complete multiple tasks with favorable results. As part of his employment, he has developed many innovative and collaborative projects with his team members. It has been my pleasure to get to know Delano Royal. I recommend him to you as a prospective employee. I am confident that he would be a valuable asset. Sincerely, 6,144/<— Chuck Washin on Riverside County Third District Supervisor CW:oh Skylar Tempel City of Ternsaga •`j 41000 Main Street Board and Commission ANN Temecula,CA 92590 AUG 2 9 2018 Appointment Application 1989 TemeculaCA.gov s" -' (951)694-6444 CITY CLERKS DEPT. For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is supmitted. re original completed application must oe received toy me deadline. jse check one: Planning L—ICommunity Services EPublic Traffic Safety aid Town Local Review Board Number of years as a City of Temecula Resident 20 Are you a City Registered Voter? Yes Skylar Tempel Consultant NAME: OCCUPATION: ADDRESS: TATE/ZI DAYTIME PHONE: EVENING PHONE: Self Employed EMPLOYER NAME: EMPLOYER ADDRESS. EMAIL Educational Backgpround/D revs: Temecula valley High S'thool,Class o'r2016 List any City or County Board, Committee or Commission on which you have served and the year(s) of service: none List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): ��°rntful (ocrsp gn /lij.,on f-rz,iP (armpc,(k3 1) State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) please see attached sheet. I understand that any or all Information on this form may be verified. I consent to the release of this information for public information purposes. Signature: ' 'f S / Date:8/27/2018 Please mail orreturnto: City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Growing up, you typically don't get to pick where you call home. I was fortunate enough to be able to call Temecula home from the moment I was born. From that day forward, growing up in Temecula public schools meant that a park was always right next door. From Sunset park, Kent Hintergardt park, and Ronald Reagan sports park, my K-12 education was surrounded by beautiful city parks that provided hours of after school fun. As I grew older and became more involved in my community, understanding what made those parks possible became much more apparent. After I graduated from Temecula Valley High School, I was finally able to make the choice to call Temecula home. With that decision, I knew I wanted to work to continue Temecula's success and ensure a better future for the coming generations. I'm committed to a bright prosperous future for our beautiful city, and this includes keeping our parks beautiful and safe. Temecula is a diverse community, holding many opinions, values, and beliefs. It is important that we work to hear out all voices in our community and through my involvement with political advocacy groups, that is what I have been able to do. In addition when I ran for City Council in 2016, I was able to meet many people of many different backgrounds, furthering my understanding of what Temeculans value most. I believe that my lifelong experience here in the city will be a valuable voice on the Community Services Commission. Not to mention ensuring that the voice of a generation that feels ignored has a seat at the table is not something that should be ignored. Our great city has entered a new phase of its life and it's time that the next generation to lead this city be a key role in shaping the future of Temecula. Thank you for your consideration. Sincerely, Robert Danko , , City of Temecula fk' 41000 Main Street RECEIVE Board and Commission it 'i= , ' ' Temecula,CA 92590 Appointment Application 19a9 TemeculaCA.gov AUG 3 0 20 :- (951)694-6444 U V —._-- — For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is submitted r ne original completed application must be received by the deadline. Piease check oneh IP lanning I' tCommunity Services FlPublic Traffic Safety EjOld Town Local Review Board Number of years as a City of Temecula Resident 28 Are you a City Registered Voter? yes Robert Danko Attorney/Business Owner NAME: OC 111.1 ADDRESS: ATE/ZIP DAYTIME PHONE: EVENING PHONE: Danko Restaurant Group, Inc. EMPLOYER NAME: 31805 Temecula Pkwy. EMPLOYER ADDRESS: EMAIL Edus ationaI Backoroupd Deearees: usiness anage n eppe'. niversity Juris Doctor-Western State University College of Law List any City or County Board, Committee or Commission on which you have served and the year(s) of mice: List any organizations to which you belong (professional, technical, volunteer groups, non-profit oro eganizations,service clubs, etc.): N State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) See a l I understand that any or all informatiorp i this form may be verified. I consent to the release of this information for public informal',.n purposes. / Signature: Date: .- f D ease mar�/l or return to:City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Attachment to Appointment Application To whom it may concern: I am submitting this statement to express my application for appointment to serve on the Community Services Board. As indicated in the Application,I am a relative newcomer to community service. I have been a resident of Temecula since 1990 and have enjoyed raising my family in our fine City. For this reason I wish to serve on the Board to become more involved in maintaining the quality of life I have enjoyed. As for my qualifications,I have been a practicing attorney for thirty years. During this time I have gained experience in many facets of business including risk management,corporate organizations,regulatory compliance and litigation. I feel my education and work experience would be valuable to the Board and to the community. In addition to my legal experience,I am the majority owner in a family owned restaurant business located in Old Town. I have first hand experience working directly with several non-profit groups as well as community services such as Temecula Chamber of Commerce,Reality Rally and Oak Grove. Through our restaurant we participate in fund raising for many organizations and provide several private sponsorships. I am hopeful the selection committee will consider my application for an open position on the Board. Sinc• e , 'ob• tDa Melissa Uribe City of Temeur � 41000 Main Street Board and Commission Apo' � Temecula,CA 92590 o, 1989 TemeculaCA.gov AUG 31201 Appointment Application �'*"..--""°.• (951)694-6444 CITY CLSKna marl. For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is submitted.Tne original completed aopTdation must oe received—by the—deadline. Please check one: la Vne� Planning �tCommunity Services ublic Traffic Safety Fold Town Local Review Board Number of years as a City of Temecula Resident 6"o- Are you a City Registered Voter? NAME: Sal l i'! OCCUPATION: 1 OT' 111 Litn a-it)Vr SWci4s ADDRESS: ITY/STATE/ZI P _ 1=1.111111111111111._ DAYTIME PHONE: EVENING PHONEIMIIMI EMPLOYER NAME: c'T Iu t-D ;4 e / , (01lo riy3\ted EMPLOYER ADDRESS: lac; M -fLei oc} EMAIL Educational Background/Degrees: Poem Olt t SCIej^c-e , CEA Lg AA (°ngc►I) JcioflGlrtl^n , cifrritr.o List any City or County Board, Committee or Commission on which you have served and the year(s) of service: List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): Gf\ AJ j-Am l 1y (�oI l l fi i7y S (U Lo r.L.Q 207 State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) I understand that any or all information on this form may be verified. I consent to the release of this information for/public information purposes. Signature: �l/ �"` Date: off"\JO\`r lease mail or return to:City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE 01.ed 1/1 Ex avid WO Y01(11 \ () L l�/ J \i 2 $ r't -k(ci \now torte! *a. ywlu! po;xtiamii cavi g - Not RAMIPvvp �y, Nit(4) Imo !► Mat 0-1 -,em est l.ta , 1 w arrt 1v I&-ty Aka C mvY1 VIA 11 a+ S S'ti fc, -61r- of ll -Puri !►-�,I- 1 Po Suvpvi s lnotrYvtiess ?cf)vLe rlt ig*k hop d dGt i t�'' ar`.et. ►1 is cto Cern, vim- r�,I- 'rt- doesr+- Sa m b� iii • yr u o fi and -� -Ami lru Gtr� F} �r V�� to loc. er\d Cf) i'lrl r tri f ti j -- j-t k•0 I5 been f many .) yAer Oln CIO v'c. Cr rh t't4"r i 1 o ErcaCh Cowl on (ticf f.A a i t 1 fio .S`o 1 v-e -j� � rt c(y-.i p)„),0-Qm a r‘d ow 1 \obk v tOcual tb ALV V I ✓uU Mw GI otf A J MELISSA URIBE STRATEGIC COMMUNICATIONS & MANAGEMENT EXPERIENCE MEDIA RELATIONS MANAGER/CONTENT STRATEGIST, SEIIJ LOCAL 2015, 07/2015-PRESENT -Manage media relations for various policy& statewide campaigns and events;secure story placement and interviews; draft blogs. op-eds and statements: ghost write for leadership -Secure earned media and paid media placements -Manage content development and messaging for various campaigns and events to create public awareness utilizing various mediums—social media, website, SMS, and e-blasts -Manage earned media budget -Point person for all incoming interview requests -Train spokespeople, department heads, and leaders on messaging and communications strategy COMMUNICATIONS CONSULTANT SELF-EMPLOYED. 01/2015-06/2015_ -Managed public and brand awareness for various campaigns -Developed communications strategy and executed with direction of clients -Successfully secured earned media placements; spoke on and off record with media; pitched reporters on campaigns; coordinated press briefings -Managed content development COMMUNICATIONS MANAGER/FIELD REPRESENTATIVE. CA STATE ASSEMBLY, 02/2013-12/2014 -Managed media relations for Assemblymember Al Muratsuchi; Organized press conferences; Secured story placement and interviews; -Budget management and strategy for public relations campaigns on all pieces of legislation -Responsible for working with various organizations and city staff in Assembly District 66 to produce new legislation pertinent to the district -Oversaw development of video, social media, and website content for public consumption FIELD MANAGER,JOYCE PEARSON FOR LA CITY COUNCIL 12/2012-02/2013 -Managed content creation and distribution of flyers and correspondence -Managed volunteers and developed and implemented strategic field campaigns COMMUNICATIONS ASSISTANT/FIELD REPRESENTATIVE. CA STATE ASSEMBLY,01/2012-11/2012 -Managed e-mail, mailer,and newsletter creation for district-wide updates for Assemblymember Tony Mendoza -Copy writer for all press releases and website posts -Responsible for working with various organizations and city staff in Assembly District 56 to produce new legislation pertinent to the district SALES& MARKETING MANAGER,STATE FARM INSURANCE, 12/2010-01/2012 -Managed marketing and budget for Jesse Romero's State Farm Insurance Office -Established first-ever referral programs with local businesses to attract clientele to our office -Lead salesperson for semi-truck sales accounts SHIFT MANAGER.SHELL 08/2008-05/2010 -Inventory and stock management;Trained new staff;Oversaw day-to-day operations during assigned shifts ASSISTANT MANAGER, ROBERT WAYNE SHOES 04/2006-06/2008 -Managed, trained, and developed staff;Worked with Corporate on floor incentives to meet sales goals STORE MANAGER,WEIMAN SHOES. 04/2005-04/2006 -Managed, trained, and developed staff; Created goals plans to help salespersons meet their goals; Oversaw all inventory SKILLS Social Media-Communications on Twitter, Facebook, Instagram, Snapchat; blog posting on Medium, Huffington Post Media Relations-Knowledge of Cision & Meltwater; Knowledge of AP writing; Knowledge of spokesperson prep Other- Fluent in Spanish; Knowledge of WordPress, copy writing, budget management, creative writing/development, graphic & video design EDUCATION BA Political Science. California State University, Long Beach AA journalism (routinely take Journalism classes to learn newest AP style), El Camino College, Torrance Christopher Lynes '' ,.� ., City of Temecula I, ., _,,„,,,,,..• .,-, „'+y'I 41000 Main Street RECEIVeC Board and Commissio roi 3 4 { '' Temecula, CA 92590 ,.,><v (951) 6 4-644 ov u, 3 1111 Appointment Applica 3' (95 f) 694 6444 CITY GLfRIIG3 Derr. 466.31 I X18 For proper consideration, you must currently be a resident of the City of Temecul id a Registered Voter within the City Limits of the City of Temecula at the time the applic. I • submir ed I b orrgrrai completed application must oe recelvea by rue deacome :� ` VfV ((Please check one: �-i OPlanning ommunity Services UPublic Traffic Safety Dad Town Local Review Board Number of years as a City of Temecula Resident_ Are you a City Registered Voter?_ NAME: 1' ,i/�c OCCUPATION: v, Pc_ - -f" ADDRES : Y: ATE/ZIP DAYTIME PHONE: EVENING PHONE: EMPLOYER NAME: EMPLOYER ADDRESS: EMAIL Educational Background/Degrees: List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Ar'AEP—«,4N CAN 51_ iru7 4-_. LAV„r Sc,,, Ty VICE' FRE S17af•ri" Zola — 2ot '{ A•T SuSFcL4 UNrlrertStr 7 bkvi .Scti{-Dot_ (Pi B.,s it,f41 M>>ssAGtfuSeITS . List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): l r 0c A ,e,c," C'mr6Tlrtiilo-/A-z 1_,,I•„ 5oc.f ALu"N 1 ka1'fa 51671a- Ar i/Nrf_S/r7 cf CAz I f' .4 , 112Vi./t,.• ;4?3•W'en vp ac /R-1,,,-/-e-- CAriP✓J Rrrr1 bif�r-7f4044-Ec\ , ✓ 6'i4 VCcY w41.-ms5' State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) See- itcTTht4- StdT I understand that any or all Information on this form may be verified. I consent to the release of this information for public information pur ses. Signature: Z.,14— Date: / 30// Please mail or retu rl�to:City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE I am applying for both the Community Services Commission and the Public/ Traffic Safety Commission. Last Question for Community Services Commission I wish to serve on the Community Services Commission because the Parks and Recreation Element of the General Plan of a City is very important, not only to the youth but also to the community as a whole. I have had the pleasure to live in Temecula most of my life and have consistently enjoyed sports and activities in our parks. I believe I am qualified for the position because I have a Juris Doctor, passed the Massachusetts Bar Exam, and will be taking the California Bar Exam in February 2019. I believe I can contribute to working with City Departments, the School District, and community groups to provide parks and recreation services and programs for the Temecula community. I am highly motivated to serve on the Commission, and I have ample time to devote to it. Last Question for Public/Traffic Safety Commission I wish to serve on the Public/Traffic Safety Commission because I care about reducing traffic, ensuring our traffic lights are running efficiently and keeping our drivers and others safe, and also that we substantially reduce the number of potholes and other dangerous road conditions. I believe I am qualified because I have a Juris Doctor, passed the Massachusetts Bar Exam, and will be taking the California Bar Exam in February 2019. In law school, I studied zoning law, land use, and property law, which I find fascinating. I also interned at the Boston District Attorney's Office, and I believe I can work well with law enforcement and CHP. Michele Cherry 'TCity of Temecula ,ir , 41000 Main Street qt . moi: Board and Commission Temecula,CA 92590 1989TemeculaCA_gov AUG 3 1 2018 Appointment Application (951)694-6444 CITY CLERIIb urir I. Far proper considern:ion_yiu.must currently he a resident of the City of Temecula a Registered Voter within the City Limits of the City of Temecula at the time the application is submitted. The original completed application must be received by the deadline. Please check one: _Planning X Community Services _Public Traffic Safety _Old Town Local Review Board Number of years as a City of Temecula Resident 25i- Are you a City Registered Voter? \(e_.5 NAME: OCCUPATION: j r ' (c. :1 ADDRESS. ATE21P DAYTIME PHONE: MM. EVENING PHONE: R'\ G\ EMPLOYER NAME: reit red EMPLOYER ADDRESS: 14 ieC..\ EMAIL Educational Background/Degrees: P lr?25{._, 5e. raifaCk4 List any City or County Board, Committee or Commission on which you have served and the year(s)of service: P\ease, 5ckvd � . N a '! List any organizations to which you belong (professional, technical, volunteer groups, non-profrt organizations, service clubs, etc.): Vlect5e See taci\ed State why you wish to serve on this commission, and why you believe you are qualified for the position Please be specific. (You may attach a separate sheet of paper if necessary Letters of Recommendation and/or references are encouraged.) CreCe a-k\cz civ I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. / 05. 3 Signature: I l..-1 L-F 1L�--c t.Jc��.-:�-C.f Date: v' Please mail or return to: City of Temecula, City Clerk's Office 41000 Main Street, Temecula. CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE August 30,2018 To Whom It May Concern City of Temecula 41000 Main Street Temecula,CA 92590 To Whom It May Concern: Please accept the application and this attachment(letter)as the initial step in the application process for one of the Community Services Commissioner position within the City of Temecula. I am a 25+year resident of Temecula and a retired City of San Diego employee. Since May, 2017, I have served as a California State Certified Ombudsman for Long Term Care Facilities through the County of San Diego. I joined the City of San Diego. in 1996.in a most rewarding capacity as special project assistant to the multi culturally diverse District four, then under the leadership of the late Councilman George Stevens. I was assigned to the San Diego City and County Reinvestment Task Force;Private Industry Council;and the Fourth District Business Improvement Initiative. It was my greatest pleasure to acknowledge constituent concerns; help them navigate through the city system; track and stay on top of their issues; coordinate with city employee and advocate when necessary;accomplish resolution;and provide feedback and closure. I began my City career in the unclassified position of back up chief of staff and special assistant to the late Councilmember George Stevens. I then moved to the Engineering Department (E&CP) in the capacity of compliance officer for the Equal Opportunity Contracting Program(EOCP)program. For the next eleven plus years I was employed in many capacities within the Public Utilities Department (RID). My roles included Capital Improvement Project(CIP)finance analyst;Water Policy Analyst for water resources; liaison to the City's 10 Delegates to the County Water Authority (CWA); member of OneSD, San Diego's ERP, as part of the change management team; analyst for the customer support division with responsibilities that included work with the Automated Meter Infrastructure(AMI)initiative,assistant to the program manager for meter reading and field investigation services,and Bid To Goal section analyst;program administrator for water conservation's successful Commercial Landscape Survey Program (CLSP); as the budget analyst for the finance and information technology division(FIT),as lastly as an internal audit analyst. In addition to my years of experience with the City of San Diego, I have a bachelor degree and a paralegal certificate. I am a graduate of Toastmasters International earning the level of certified Toast Master. I served on E&CP's diversity committee; served as chair for the Water Department's diversity committee where I co-authored the strategic plan;and was selected as a trainer within the Citywide Customer Service Department. Prior to my City career I worked as a Legal Assistant for the County of San Diego County Counsel Office of Public Administration and as supervisor for the El Cajon Superior Court business office. Prior to my County work experience, I was the Program Administrator for a federally funded gang and high- risk youth employment and counseling program. I supervised a staff of 4 and administered federal and Community Development Block Grant (CDBG) funds to youth programs through community-based organizations. August 30,2018 Community Services Commissioner Application Attachment-Page Two I am tenacious in my detail and follow up skills and I don't give up until all issues are addressed and resolved. I am a results and process oriented mature individual who is challenged and energized by solving problems. Other skills I possess are networking; excellent written and oral communication; research/investigation; analysis; strategic planning; efficiency implementation; and coordination. I have had experience working with all levels of management including internal and external stakeholders,committees,and boards. I can't think of more fulfilling volunteer experience than to serve the citizens of Temecula in a responsible role as a Community Services Commissioner. My experience along with my passion and advocacy for people has qualified me as an ideal candidate. I can be contacted via personal cell phone at or at to discuss my qualifications. Thank you in advance for your consideration. Sincerely, 1^, e_ luL Michele Cherry mic PUBLIC/TRAFFIC SAFETY COMMISSION APPLICATIONS Robert J . Hagel Sr. �l1 1111/� __. ` .. _.. ',- \ City of Temecula r , 41000 Main Street Receive® Board and Commission f 1,--04•04,J rt Temecula, CA 92590 A�oi rtment Application �' iiisii SI TemeculaCA.gov ,I)UG 1 l_ nidi —� p pp --,:,....:1=:„..-.=% (951) 694-6444 CITY C1.2K$J Ii tPT. For proper consideration. you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits sof the City of Temecula at the time the application is suomilted.Tne original completed application must be received-by the deadline Please check one: 'Planning [Community Services I .lPublic Traffic Safety �Id Town Local Review Board Number of years as a City of Temecula Resident 15 Are you a City Registered Voter? yes NAME: Robert J. Nagel Sr. o Business Owner ADDRESS:___ Y/STATE/ZIpiiiiiiiim_ DAYTIME PHONE: ___ EVENING PHONE: Eagle Graphic Creations Inc. EMPLOYER NAME: 41775 Elm St 203 Murrieta CA 92562 EMPLOYER ADDRESS: EMAIL Educational Background/Degrees: BS-Economics&Indu trial Relations-1974 Ryder College{University) List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Temecula P/TSC-12 Years;Murrieta Economic Development Committee-2 Years;Murrieta Community steering Committee-1 Year List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): Temecula valley Chamber of Commerce:Murrieta I Wiktomar Chamber of Commerce;Southwest Health Care Patient Advisory Committee State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) Use the knowledge&experience gained to improve traffic and add eyes to the City staff seeking small changes that will enhance City condition communicate well with residents and visitors regarding City and commission issues and those of our residents. I understand that any or all information on this form may be verified. I consent to the release of this information for public inform.tion purposes. r { Signature "Q.- '�� ' C August 6, 2018 g i/�► Date:– Please mai 'or return to:City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Jerry Konchar City of Temecula 41000 Main Street RECEIVE' Board and Commission Imtrr! Temecula,CA 92590 a Appointment Application 1989 TemeculaCA.gov AUG 201 (951)694-6444 CITY CLERK*DkPT. For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is sub iittedThe original completed appttCation must be (Tceivvedby The deadline. [P1 se check one: (f��1 'Planning L-1Community Services Public Traffic Safety —Olti Town Local Review Board Number of years as a City of Temecula Resident 7 Are you a City Registered Voter? YES JERRY KONCHAR Retired NAME:_ OCCUPATION: ADDRESS: CITYISTATEZIP DAYTIME PHONE: EVENING PHONE: Retired 04/01/18 after 14 years as CFO of Pechanga Development Corporation EMPLOYER NAME: 45000 Pechanga Parkway EMPLOYER ADDRESS: EMAIL Educational Background/Degrees: BBA degree in Accounting from Kent State University,Kent,Ohio;Certified Public Accountant in Ohio license#7781; Chartered Financial Consultant(ChFC)designation from The American College,Bryn Mawr.PA(Also see attached blo) List any City or County Board, Committee or Commission on which you have served and the year(s) of service: None List any organizations to which you belong (professional, technical. volunteer groups, non-profit organizations, service clubs, etc.): Rotary Club of Temecula;Murrieta Temecula Group;Temecula Valley Chamber of Commerce(Board Member for 9 years and 2016 Chairman);Temecula Valley Hospital Board of Governors and Executive Committee;Michelle's Place State why you wish to serve on this commission,and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) (See attached) I understand that any or all information on this form may be verified. I consent to the release of this Information for public information purposes. 08/29/2018 Signature: Date: 1 s mail or return to:City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE JERRY KONCHAR Retired - Chief Financial Officer Pechanga Development Corporation I joined Pechanga in 2004 as the Chief Financial Officer of Pechanga Development Corporation, the parent company to the Pechanga Resort & Casino and all of the Tribe's affiliated business entities. I oversaw business and financial matters as they relate to all business operations, construction, master planning of the property and diversification and had direct reporting to the Tribal Board of Directors. After 14 years I retired on April 1, 2018. Before moving to Temecula from Ohio I was CEO of the 5th largest industrial scale manufacturing, sales and service company in the U.S. comprised of 6 companies with 22 locations throughout 7 states including a joint venture with one of the largest industrial scale manufacturing companies in Europe headquartered in Italy. Prior to that position my career was in the public accounting sector which included being a Partner and Managing Partner of a practice office of KMG Main Hurdman (currently KPMG LLP). Client responsibilities included audits, tax, estate, financial and succession planning for clients ranging in size from family-owned businesses to Fortune 500 companies. In addition to office responsibilities, I performed quality control reviews of other practice offices throughout the U.S. in both the audit and tax areas and taught national in-house tax and management training courses. In addition to being a Certified Public Accountant I received a Bachelor of Business Administration degree with an Accounting major from Kent State University, Kent, OH, and a Chartered Financial Consultant designation from The American College, Bryn Mawr,PA. JERRY KONCHAR City of Temecula Board and Commission Appointment Application State why you wish to serve on this commission. and why you believe you are qualified for the position Now that I am retired from Pechanga and have ended my working career I want to be able to use my education, talents and experience to help make my city and the community in which I live, a better place for myself and all residents. At Pechanga I was involved in all of our construction projects including the latest one encompassing our hotel expansion, new roadways, a 2,400 space parking garage, spa and pool. I worked with and reported directly to our Tribal Board and worked daily with our in-house and outside attorneys, our entire construction team and General Contractors. My greatest contribution to the Public/Traffic Safety Commission is that I am a logical thinker and decision maker. My entire career and the positions I've held had mandated that I be able to listen to presentations, read the facts and make decisions. In addition, I am able to read and understand legal documents and language since I have always worked directly with attorneys and was the final reviewer of every contract that passed through Pechanga. References Joan Sparkman County Supervisor Chuck Washington— Alice Sullivan, President/CEO Temecula Valley Chamber of Commerce- asullivan(a�temecula org; 951.676.5090 Chris Johnson, Attorney Reid & Hellyer—ciohnson@rhlaw.com; allEM Adam A. Ruiz ‘/ ,''--' � ' City of Temecula r!. _ 41000 Main Street RECEIVEf Board and Commission Temecula,CA 92590 A o i n Lygq • TemeculaCA.gov AUG 29 2018 pp tment Application (951)694-6444 CITY CLERKS DEPT For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is su�mltted. the original completed application must be received by the deadline. Please check one- ((�� Planning community Services Public Traffic Safety E101d Town Local Review Board Number of years as a City of Temecula Resident Are you a City Registered Voter? Adam A. Ruiz Real Estate Broker NAME: _ OCCUPATION: ADDRESS: CITY/STATE/ZIP DAYTIME PHONE: EVENING PHONE: 1st Action Real Estate EMPLOYER NAME: EMPLOYER ADDRESS: TFMur-p. A 1z4 71 - EMAIL Educational Background/Degrees: Graduated from Temecula Valley High School,studied at UC Santa Baroara.California Real Estate Brokers License List any City or County Board, Committee or Commission on which you have served and the year(s)of service: I have volunteered for many local organizations(please see attached)but have never served on a City or County Board,Committee or Commission. List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): Please See Attached State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) Please See Attached I understand that any or all information on this form may be verified. I consent to the release of this information for pu lic information purposes. Signature: k..) Date: D`a 1f3 `S Please mall or return to:City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Adam A. Ruiz, Applicant for Public/Traffic Safety Commission 2018 I have been a resident of Temecula for over 20 years and have been very active in the community for several years. I believe that Public Safety is one of the main reasons that Temecula is such a great place to live, work, and to raise a family in. As traffic continues to increase in Temecula, we need to continue brainstorming new ideas on how that traffic can be mitigated. While that task is much easier said than done, I will bring new ideas and a fresh prospective to the team. As a REALTOR®who drives through and around town daily, I have firsthand knowledge on some of the major areas of concern. I would also be able to help explain to the residents what is currently being done to address the issues and be available to bring new concerns before the city. We are very blessed to have great first responders in our city. I would like to continue working with those organizations to be sure that our community remains safe and that our residents know that when needed, help will always be there as quick as possible. I am a team player,work well with others,communicate well and am very organized. I am willing to take on and would welcome additional responsibility for any special projects that may be required by the Commission and/or the City to help continue our high quality of life. I believe I would be an asset to the Public/Traffic Safety Commission team. Thank you for your time and consideration. Thank you, Adam A. Ruiz ADAM A.RUIZ Real Estate Broker A Southern California native, Adam A. Ruiz is a Real Estate industry veteran with deep roots in the Temecula Valley as well as in the local business and non-profit communities. Currently President/Broker of his own Real Estate Company,he has been helping businesses and families in the community purchase and refinance homes and property for over 18 years. He also holds a California Department of Real Estate Broker's License and an NMLS License. In addition to his position as a leading businessman within the community, Ruiz has served on many local organizations and committees. Current positions serving include: • 2018 Chief Financial Officer, Southwest Riverside County Association of REALTORS • 2017-Present Legislative Committee Chair, SRCAR • 2017 Executive Committee,California Association of REALTORS • 2016 President,Southwest Riverside County Association of REALTORS • 2015 Vice President,Southwest Riverside County Association of REALTORS • 2012-Present Director,California Association of REALTORS • 2014-Present Director,National Association of REALTORS • 2015 Vice Chair,State of California Young Professionals Network • Founding President and Current Board Member,New Generations Rotary Club • Board Member, Southwest California Legislative Council • Board Member, SRC Young Professionals Network • Board Member, SWRC Nonprofit Cooperative • Advisory Board Member, Our Nicholas Foundation • Member,Temecula Valley Chamber of Commerce • Member,Murrieta Chamber of Commerce • Many other past Leadership Roles Adam was also instrumental in creating one of the TVCC's most enterprising and successful groups, the Valley Young Professionals (VYP), which now boasts more than 100 members of active, entrepreneurial young business people. In 2006, Ruiz was named Ambassador of the Year by the TVCC, and in 2008, 2010, 2013, 2014 and 2015 his company, A R Home Loans Direct,Inc./1st Action Real Estate, was among only a handful of companies to be nominated for the prestigious TVCC Business of the Year Award. He was also nominated for Citizen of the Year in 2009, 2010, 2011, 2013 and 2014. In 2011 he also was nominated and won Valley Young Professional of The Year for the TVCC. He is also a recipient of the Murrieta Chamber of Commerce's 40 Under 40 Award for 2014 and 2016. Additionally,he was awarded the Valley Guy Award in 2012 and the Brightest Star of the Valley Award in 2014, both at the Stars of the Valley Awards,the annual awards benefit hosted by Charity for Charity. In 2010, he founded the Rotary Club of Temecula Valley—New Generations, the newest Rotary club in the Temecula Valley, and served as the Club's President for the initial 3 years. He also went on to serve as the Assistant District Governor for Rotary District 5330. A married father of two children, Ruiz enjoys spending time coaching his children's soccer team with Temecula United Soccer Club. His hobbies include fitness, playing all sports including football, soccer and basketball, as well as Shaolin Kempo karate, in which he earned his black belt degree. Douglass Johnston V pt It tof, City of T Ia !�4:a .4 41000 Main Street Board and Commission 1989 TemecuilaCA govA ilph ' '� 2018„. 018 Appointment Application (951)694-6444, , Ci.k.crtaii WEPT. _ For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is i Submitted. The original completed application must oe received by the deadline. Please check one: Planningommunity Services ElPublic Traffic Safety FlOId Town Local Review Board Number of years as a City of Temecula Resident 115 Are you a City Registered Voter? Yes Douglass Johnston Engineering Geologist/Branch Manager NAME: ____ OCC P T • ADDRESS: ITV/STATE/ZIP DAYTIME PHONE: llEill EVENING PHONE: Petra Geosciences, Inc. EMPLOYER NAME: 40580 County Center Orme,Suite R,Temecula djohnston@petra-inc.com EMPLOYER ADDRESS: EMAIL Educational Background/Degrees: Bachelor or Science in Earth Scien ology-Bridgewater State University,MA,1996 CA Licensed Professional Geologist(#7748),CA Licensed Engineering Geologist(#2477),ongoing yearly CEU's as licensed professional List any City or County Board, Committee or Commission on which you have served and the year(s) of service: None at City or County level List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): Temecula Cub Scout Pack 301-Advancement Chairman(2016-2017);Twin Cities Business Leaders Toastmasters Temecula dub (past 2-time president,2014,2017); Building Industry Association(BIA),Riverside Chapter-Membership Committee(2015-present); Association of Engineering Geologists(AEG),Inland Empire Chapter(past 2-time chairman,2010,2013);CalGeo(member) State why you wish to serve on this commission,and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) See attached along with letters of recommendation I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: <---- " '�-- L ' Date: ED/2?//$ Please mail or return to:City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE August 29,2018 To the City of Temecula City Council, This attachment serves as part of my application for the available position on the Public/Traffic Safety Commission for the City of Temecula. As a working professional engineering geologist, a father and a resident of the city of Temecula for over 11 years,I greatly see the value of service-oriented leaders. My wife and I moved here in early 2007,however we were unsure if this was a place we wanted to take root in and raise our family. It did not take us long to fall in love with this city, the residents, school system, amenities, business professionals and the overall community in general. I believe that giving back to the community is extremely important,and when I saw this opportunity to serve our city I felt that applying for a city commission position would be a very good way to utilize my skill set to enhance this commission. Part of my career path has led me to serve not only my profession,but for local community needs as well. Subsequent to some initial leadership positions in a local professional organization AEG (Association of Engineering Geologists), I turned my attention to more local needs. I was a regular volunteer for several years with Temecula Cub Scout Pack 301 before I took on a council leadership position as Advancement Chair for two years. During that time, I was also very active with a local Toastmasters club(Twin Cities Business Leaders) and have continued those efforts to the present.I have resided as president of the club for two separate one-year terms and I am current acting as guide to the club as"immediate past president". I have also been serving an active committee member and volunteer with the Riverside Chapter of the Building Industry Association(BIA)since 2015 to the present time.I also occasionally perform as a guest speaker at Rancho Elementary School and volunteer for events at both Margarita Middle School and Rancho Elementary School. My wife has been an active leader in a local girl scout troop, as well as a regular volunteer at Rancho Elementary School. We believe in service, volunteerism and leadership in helping a variety of organizations. I also feel that may background in engineering, land development and the construction industry would be desirable experience for the position of traffic safety. I have extensive experience in the design of roadways, understanding of construction plans/details,and how development/planning of communities is performed. My involvement with the BIA has also been valuable experience in the industry. Please also see the three attached letters of recommendation from established professionals. Additional references can be provided if needed. Thank you for your consideration, Douglass Johnston • PETRA SOLID AS A ROCK G EG SC E NC ES VICE PRESIDENT Douglass Johnston 40880 County Center Drive,Suite R Senior Associate Oealogist Temecula,California 92591 PG l CEO djohnston, petra-inccom main:714.549.8921 mobile:- direct:951.253.4453 ENGINEERS * GEOLOGISTS + ENVIRONMENTAL SCIENTISTS 0 PETRA SOL 10 AS A ROCK GEOSCIENCES' Visit us online at www.petra-inc.com Offices Strategically Positioned Througrout Southern California. DOUG JOHNSTON FOR CITY OF TEMECULA TRAFFIC SAFETY COMMISSION I have worked with Doug for over 12 years and observed him to be diligent and thorough in all aspects of a project execution and management. As Office Manager of Petra Geosciences'Temecula branch, Doug has demonstrated his leadership skills for a prominent local geotechnical consulting firm. My position as Office Manager of the Petra Palm Desert office has given me the opportunity to attend many city/agency commission meetings and also get to know a few commissioners. I understand the commitment needed to be an efficient commissioner and know that Doug will put in the time to do the job right. I highly recommend Doug for Commissioner of the Public Safety/Traffic Commission for the City of Temecula. Thank you /i/,!� LI Alan Pace,PG,CEG Vice President,Senior Associate Geologist—Petra Geosciences Board Member-Desert Valleys Builders Association Second Vice President—Salton Sea Action Committee Past President-American Public Works Association Coachella Branch of the Southern California Chapter To whom it may concern: I'm writing to express my endorsement of Doug Johnston to serve as public safety/traffic commissioner for the City of Temecula. I have known Doug for 4+years as a member and officer of Twin Cities Business Leaders Toastmasters Club. We meet every week,so I've come to know him quite well. In that environment I know him to act with integrity and with appropriate decorum. I could always depend on Doug for his consistent attendance,his organizational skills(he has been president of the club at least twice) and his commitment to the success of others within the club and for the success of the club as well. I also know Doug through Cub Scouts. While his son was involved, Doug played a leadership role in Pack 301,of which I am the Chartered Organization Representative. He had the responsibility of documenting and making sure that 100+Cub Scouts received recognition for their advancement through the ranks.This is a highly detailed duty. I know also that Doug has served as president of the local chapter of the Association of Engineering and Environmental Geologists(AEG)and has become involved in the Building Industry Association(BIA). As an Engineering Geologist working in the field of land development, Doug has a great deal of knowledge and exposure to the inner workings of that industry and various ways it interfaces with local jurisdictions. His work requires working with and understanding civil engineering drawings. I know what that's like as I was an Engineering Geologist myself once upon a time. In closing, I'll add that I find Doug Johnston to be "centered."He has a firm footing in the knowledge of how an organization or team runs effectively,while understanding the needs and challenges of each member,which allows the team to work well together. Best, c"--odle Jim McLaughlin MM Morrison McNabb PO Box 890234,Temecula,CA 92589 I 951-225-2179 I www.morrisonmcnabb.com DOUG JOHNSTON FOR CITY OF TEMECULA TRAFFIC SAFETY COMMISSION As Office Manager of Petra Geosciences in Temecula for the past nine years, Doug has demonstrated his leadership skills in guiding this local firm through an economic downturn and back into prominence as one of the premier geotechnical firms in the region. Doug is the manager where I work,and I am proud to know him and be on his team. The passion that Doug has for helping people discover their potential and serving his community is evident with his tireless involvement in fathering two young children,while being civically active in many charitable and professional organizations. Doug Johnston stands as one of those who truly desires to make his community a better place to live in, and I admire him greatly for that.Therefore,I am honored to endorse him for the office of Traffic Safety Commissioner in the great city of Temecula. Thank you Larry D.Cooley PE Former City of Temecula employee(Associate Engineer from 1996-1998) City of Temecula Resident for the past 21 years Christopher Lynes City of Temecula ,sttt,ttt ` 41000 Main Street RECeIVeC Board and Commissio�•¢� Temecula, CA 92590 A ointment Anr�lica r" ;,,., TemeculaCA goy 0i►; :Z ' 211,4I p� hip (951) 694-6444 CITY CLERKS OC''+ q For proper consideration, you must currently be a resident of the City of Temecul d•a t Registered Voter within the City Limits of the City of Temecula at the time the applic- lb,. j submi-e•. :le origina comp e e app icauon mus oe receive. oy ne ea: ire Please check one .', _Planning �ICommunity Services Public Traffic Safety EiO'd Town Local Review Board Number of years as a City of Temecula Resident Are you a City Registered Voter? I NAME: i'{'-r, - ' r lN'\ Ly 1, c_� OCCUPATION: ' ',, rLl - - ADDRES E,ZIP DAYTIME PHONE: 1111111111111r EVENING PHONE: EMPLOYER NAME: EMPLOYER ADDRESS: EMAIL Educational Background/Degrees: List any City or County Board, Committee or Commission on which you have served and the year(s) of service: - lk.i,,ti-r= Z.Pt.' L c'v i r I-� -_.i ; .1-L__ i ,�c,:, -e- ' e---r--)4 c \ I G c' =c I � ,'-% 2.c= i-Pj >^ ,_ , ki Fi, S - ^, iF-t. l..- L,'NJ i t,C � i--NiL - >C itt ..l' (r List any organizations to which you belong (professional, technical. volunteer groups, non-profit organizations, service clubs, etc.). ,AE.,,, . cc i;,,,,, ,` v L ,4;•-1, • -,; :•-•-• � T-- Ate••,AN i 1,:.►k1 n 5,f71-4-. ref' --, -v r• • , r vC /r 1, . ✓G L/4 A.'; =r.. ' ,%•*". . /^ t o , v :',:-,,, ,,.rw 1 State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) Sik e" AT 1-f- Stk- T— I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. 2 . Signature: - —- Date: = Please mail or return to:City of Temecula, City Clerk's Office 41000 Main Street, Temecula. CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE I am applying for both the Community Services Commission and the Public/ Traffic Safety Commission. Last Question for Community Services Commission I wish to serve on the Community Services Commission because the Parks and Recreation Element of the General Plan of a City is very important. not only to the youth but also to the community as a whole. I have had the pleasure to live in Temecula most of my life and have consistently enjoyed sports and activities in our parks. I believe I am qualified for the position because I have a Juris Doctor, passed the Massachusetts Bar Exam, and will be taking the California Bar Exam in February 2019. I believe I can contribute to working with City Departments, the School District, and community groups to provide parks and recreation services and programs for the Temecula community. I am highly motivated to serve on the Commission, and I have ample time to devote to it. Last Question for Public/Traffic Safety Commission I wish to serve on the Public/Traffic Safety Commission because I care about reducing traffic, ensuring our traffic lights are running efficiently and keeping our drivers and others safe, and also that we substantially reduce the number of potholes and other dangerous road conditions. I believe I am qualified because have a Juris Doctor, passed the Massachusetts Bar Exam, and will be taking the California Bar Exam in February 2019. In law school, I studied zoning law, land use, and property law, which I find fascinating. I also interned at the Boston District Attorney's Office, and I believe I can work well with law enforcement and CHP. Item No . 7 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: September 25, 2018 SUBJECT: Approve an Agreement with In The Mix Sound, LLC for Replacement of the Old Town Temecula Community Theater's Audio System PREPARED BY: Mike Wooten, Community Services Supervisor II RECOMMENDATION: That the City Council approve an Agreement with In The Mix Sound, LLC, in the amount of $103,000, for the replacement of the Old Town Temecula Community Theater's Audio System. BACKGROUND: The Theater's existing audio system was purchased and installed in 2004, and has outlived its useful life. On July 27, 2018, the Community Services Department posted a Request for Quotes (RFQ) on the City's online bidding service, Planet Bids, for replacement of the system. After a thorough review of the four submittals received, staff selected In The Mix Sound, LLC as the vendor to provide the replacement system. Staff then negotiated a savings of approximately 5% on equipment costs. Based upon vendor qualifications, equipment quality and durability, overall cost, and previous experience with the City of Temecula, staff is recommending award of contract to In The Mix Sound, LLC. FISCAL IMPACT: $97,000 of the $103,000 total replacement cost for the Old Town Temecula Community Theater's Audio System has been allocated in the Fiscal Year 2018-19 Facility Replacement Fund. Upon Council approval, the remaining balance of $6,000 will be transferred from the Theater's FY 2018-19 Operating Budget (account 190.189.999.5309) to the Facility Replacement Fund (account 350.199.999.5610). ATTACHMENTS: Agreement PURCHASE AND INSTALLATION AGREEMENT BETWEEN CITY OF TEMECULA AND IN THE MIX SOUND, LLC THEATER AUDIO SYSTEM REPLACEMENT THIS AGREEMENT is made and effective as of September 25, 2018, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and In The Mix Sound, LLC, a Partnership (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on September 25, 2018, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2018 unless sooner terminated pursuant to the provisions of this Agreement. 2. PURCHASE AND SALE OF EQUIPMENT On and subject to the terms and conditions set forth in this Agreement and the Agreement Documents. Contractor agrees to manufacture or procure, sell, and install for the City Theater Audio Equipment as more particularly described in Exhibit A, Description of Equipment and or Scope of Work, attached hereto and incorporated herein as though set forth in full (hereafter "Equipment"). 3. PURCHASE / INSTALLATION PRICE The Purchase Price which City agrees to pay to Contractor for the Equipment is One Hundred Three Thousand Dollars and No Cents ($103,000.00). The Purchase Price is final and shall be paid by City to Contractor in accordance with the following schedule: As outlined in Exhibit B, a Fifty percent(50%) deposit in the amount of Fifty One Thousand Five Hundred Dollars and No Cents ($51,500.00) shall be paid upon full approval of this agreement and issuance of purchase order. The balance shall be paid upon acceptance by the City of completed project. 4. SCOPE OF WORK Contractor shall manufacture and install the equipment as described in the Scope of Work, attached hereto and incorporated herein as Exhibit A ("Work"). Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed by the City. 5. REPRESENTATIONS AND WARRANTIES OF VENDOR Contractor makes the following representations and warranties to City: a. Authority and Consents. Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Contractor's execution, delivery, 04/18/2018 installation and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, installation and performance of this Agreement by Contractor have been duly authorized by all necessary action on the part of Contractor and constitute the legal, valid and binding obligations of Contractor, enforceable against Contractor in accordance with their respective terms. b. Title and Operating Condition. Contractor has good and marketable title to all of the Equipment manufactured and installed. All of the Equipment are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Equipment are in good operating condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Agreement Documents. Contractor is aware the City is purchasing the Equipment for use as live sound re-enforcement and that City is relying on Contractor's warranties that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. c. Full Disclosure. None of the representations and warranties made by Contractor in this Agreement contains or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 6. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 7. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Contractor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 8. TIME OF DELIVERY The date and time of delivery of the Equipment shall be on or before October 8, 2018. 9. PLACE OF DELIVERY The Equipment shall be delivered to this location Old Town Temecula Theater 42051 Main Street Temecula CA 92590 2 04/18/2018 10. REJECTION In the event of such notice of non-conformity by City pursuant to the section entitled "City Approval" City may, at its option, (1) reject the whole of the Equipment and Installation, (2) accept the whole of the Equipment and Installation, or (3) accept any commercial unit or units of the Equipment and reject the remainder or the Installation. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Contractor and, in the event that expenses are incurred by City in following such instructions, Contractor shall indemnify City in full for such expenses. 11. NO REPLACEMENT OF CURE This Agreement calls for strict compliance. Contractor expressly agrees that both the Equipment and Installation tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Equipment or any part thereof pursuant to the Section entitled "Rejection" City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to affect a cure of the original tender by Contractor. 12. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 13. AGREEMENT DOCUMENTS a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: Equipment Description and/or Scope of Work attached hereto as Exhibit A. b. In the event any term or condition of the Agreement Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. c. In the event of a conflict in terms between this Agreement, the Request for Quote (RFQ) and/or the Contractor's response to the RFQ. this Agreement shall prevail over the RFQ and the Contractor's response to the RFQ, and the RFQ shall prevail over the Contractor's response to the RFQ. 3 04/18/2018 14. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event the Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall service the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 15. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. Minimum Limits of Insurance. Contractor shall maintain limits no less than: b. 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula 4 04/18/2018 Community Services District, and/or Redevelopment Agency of the City of Temecula that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self- insurance shall not be considered to comply with these insurance requirements. f Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 5 04/18/2018 16. SURVIVAL OF REPRESENTATIONS AND WARRANATIES All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, installation and performance of this Agreement. 17. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 18. PROHIBITED INTEREST No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 20. ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 6 04/18/2018 21. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or(iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: In The Mix Sound, LLC Attn: Joseph Lopez 21562 Pumice Lane Wildomar, CA 92595 22. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this 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. 23. 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. 24. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non-substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non-monetary changes in scope of work; (d) agreement termination. 7 04/18/2018 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA IN THE MIX SOUND, LLC (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: I lANaM:a .411111. Matt Rahn, Mayor :n L. Lowery 0 Owner ATTEST: By: By: / Randi Johl, City Clerk Jos- • L. Lope Difector of Technical Service & Support APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR In The Mix Sound, LLC Attn: Joseph Lopez 21562 Pumice Lane Wildomar, CA 92595 (714) 369-8609 info(a_inthemixsound.net PM Initials: Date: 8 04/18/2018 EXHIBIT A DESCRIPTION OF EQUIPMENT AND/OR SCOPE OF WORK To replace the existing theater front-of-house speakers with a new style line array system able to provide clear, clean audio at 115 db to a 350 seat auditorium. 1. Basic system should contain left/right speaker clusters, appropriate subwoofers, on stage front fill speakers, center cluster (optional, system determinate). 2. System will include appropriate amplification and processing equipment. 3. System to utilize theater's existing rigging points with some hardware modification if necessary. 4. Vendor to provide Site Supervisor and Up-Rigger to assist theater stage crew with the assembling and flying of the speaker clusters, running of cable, and upon completion of install, to ascertain the system's operational standing and tune the system to the theater auditorium using professional analyzing equipment. Description Quan. Manuf. Model Num Brand Req. Cost GEOM1012-I SPEAKER 10 NEXO GEOM1012 YAMAHA $24,990.00 15IN SUB CABINET 4 NEXO MSU815 YAMAHA $12,39600 POWER AMPLIFIERS WITH DSP PROCESSING 2 NEXO NXAhPMKI14,Q YAMAHA $12,580.00 DANTE COMMUNICATION INSERT CARD 2 NEXO NXDT104MK2 YAMAHA $2,900.00 DANTE INSERT CARD FOR PM5D& DME 2 YAMAHA DANTE-MYI6-AUD2 YAMAHA $1,378.00 FRONT FILL SPEAKERS DUAL 8 INCH VV/HORN 4 YAMAHA 1F2205 YAMAHA $2,47600 BUMPER FOR LINE ARRAY HANG POINT XI 2 NEXO GMF-LBUMPMIO YAMAHA $2,298.00 BUMPERS FOR 4 OF MSUB15 CABINET HANG POINT X2 1 NEXO VNT-BUMPM10 YAMAHA $5,69800 GEOM1025-I SPEAKER 2 NEXO GEOM1025 YAMAHA $4,998 00 SPEAKER 120 DEGREE FLARE 4 NEXO GMT-FLGM10 YAMAHA $636.00 1/4 TON SINGLE PHASE CHAIN MOTOR 2 CM PROSTAR PROSTAR CM PROSTAR $4250 00 MOVING LIGHT 6 AMERICAN DJ DJ CMY 300 AMERICAN DJ $14,208.00 2 WAY SPEAKER 4 JBL JBL PRX412M JBL $1,996.00 2 WAY SPEAKER 1 JBL JBL-PRX812 JBL $499 00 SPEAKER MONITOR 1 GALAXY AUDIO Hot Spot 4 HS4 GALAXY AUDIO $99.00 MICROPHONE 2 SHURE SM57LCMcrophone SHURE $200.00 MICROPHONE 2 SHURE Beta 58AMcrophone SHURE $320.00 Hose XLR-807 8-channel fan AUDIO CABLE 3 HOSA to fan snake HOSA $180.00 LABOR-DSP PROGRAM, RIGGER,SPEAKERTU NING,HAR D WARE FOR RIGGING 1 N/A N/A N/A $2,559.10 MISC LOW VOLTAGE CABLES 1000 Ft Cat6 t Neutrik/8eldin NL4;CAT5e NEUTRIK $0.00 $95,302.00 $8,338.93 $103,000.00 9 04/18/2018 EXHIBIT B PAYMENT RATES AND SCHEDULE A fifty percent(50%)deposit of Fifty One Thousand Five Hundred Dollars and No Cents($51,500) to be made upon fully executed agreement and purchase order generation. The BALANCE SHALL BE PAID UPON ACCEPTANCE BY THE CITY OF COMPLETED PROJECT. 10 04/18/2018 Item No . 8 Approvals City Attorney Director of Finance ,J14\' City Manager 612. CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Michael Heslin. Director of Information Technology and Support Services DATE: September 25, 2018 SUBJECT: Approve the Purchase of the Fiscal Year 2018-19 Software Support and Maintenance for Tyler Technologies Suite of Products PREPARED BY: Damion Patrick, Assistant Director of ITSS RECOMMENDATION: That the City Council: 1. Approve the purchase of software support and maintenance for the Tyler Eden Financial Systems Suite, in the amount not to exceed $46,480: 2. Approve the purchase of software support and maintenance for the Tyler EnerGov Permitting System, in the amount not to exceed $86,096; 3. Authorize the City Manager to approve a contingency in an amount not to exceed $13,258, which is equal to 10% of the total amount. BACKGROUND: The City utilizes Enterprise Software from Tyler Technologies to support operations throughout the City. The Tyler Eden Financial System Suite includes modules for Accounts Receivable, General Ledger/Accounts Payable, Fixed Assets, Purchasing and Requisitions, Budgeting, Project Accounting, and Human Resources. The Tyler EnerGov Permitting System is used for managing permits, inspections, business licenses, code enforcement cases, cashiering, and the online citizen access portal. Due to the critical nature of both the financial and permitting systems, the City requirement is to purchase annual software support and maintenance for these systems. Purchasing the annual software support and maintenance guarantees that the City receives technical support, including software and security updates. The City's use of both products insures conformance with state and federal regulations. FISCAL IMPACT: Adequate funds have been budgeted in the Fiscal Year 2018-19 Information Technology Operating Budget. ATTACHMENTS: 1. Software Support and Maintenance Quote for Tyler Technologies Eden Product Suite 2. Software Support and Maintenance Quote for Tyler Technologies EnerGov Permitting Suite •• Remittance THIS IS NOT AN INVOICE •• •••m• tyler Tyler Technologies, s, Inc. (FEIN 75-2303920) PROFORMA • P.O. Box 203556• technolo 12S Dallas,TX 75320-3556 Company Order No. Date Page Empowering people who serve the public' Questions 045 113171 08/31/2018 1 of 2 Tyler Technologies-ERP&Schools Phone: 1-800-772-2260 Press 2,then 1 Fax: 1-866-673-3274 Email: ar@tylertech.com To: City of Temecula Ship To: City of Temecula Accounts Payable Accounts Payable 41000 Main Street 41000 Main Street Temecula,CA 92590-2764 Temecula,CA 92590-2764 i • Customer Grp/No. Customer PO# Payment Terms Currency Code Ship Via Salesperson Cd 1 5314 Net 30 USD MISC l No.Item/Description/Comments Drop Ship #Users Quantity U/M Unit Price Disc% Total Cost Contract No.:TEMECULA,CITY OF 1 Renewal:EDEGAREC501 No 1 1 EA 2,427.11 .00 2,427.11 Accounts Receivable Support Maintenance Plan: ; Start: 01/01/2019,End: 12131/2019; Term: 12 months 2 Renewal:EDEGBUDP501 No 1 1 EA 3,640.66 .00 3,640.66 Budget Preparation Support Maintenance Plan: ; Start: 01/01/2019,End: 12/31/2019; Term: 12 months 3 Renewal:EDEGDICT501 No 1 1 EA 455.09 .00 455.09 Data Dictionaries Support Maintenance Plan: ; Start: 01/01/2019,End: 12/31/2019; Term: 12 months 4 Renewal:EDEGFXAS501 No 1 1 EA 3,640.66 .00 3,640.66 Fixed Assets Support Maintenance Plan: ; Start: 01/01/2019,End: 12/31/2019; Term: 12 months 5 Renewal:EDEGGLAP501 No 1 1 EA 10,618.61 .00 10,618.61 GL/AP Support Maintenance Plan: ; Start: 01/01/2019,End: 12/31/2019; Term: 12 months 6 Renewal:EDEGHRIS501 No 1 1 EA 5,461.01 .00 5,461.01 Human Resources Support Maintenance Plan: ; Start: 01/01/2019,End: 12/31/2019; Term: 12 months 7 Renewal:EDEGPAYR501 No 1 1 EA 9,101.68 .00 9,101.68 Payroll Support Maintenance Plan: ; Start: 01/01/2019,End: 12/31/2019; Term: 12 months 8 Renewal:EDEGPOSB501 No 1 1 EA 1,516.93 .00 1,516.93 Position Budgeting Support Maintenance Plan: ; Start: 01/01/2019,End: 12131/2019; Term: 12 months 9 Renewal:EDEGPROJ501 No 1 1 EA 4,854.24 .00 4,854.24 Project Accounting Support Maintenance Plan: ; Start: 01/01/2019,End: 12/31/2019; Term: 12 months •• Remittance THIS IS NOT AN INVOICE • t i e r T ler Technologies, Inc. ••• ••• (FEIN 75-2303920) PROFORMA • P.O. Box 203556 • technologies Company Order No. Date Page Dallas,TX 75320-3556 Empowering people who serve the public" Questions 045 113171 08/31/2018 2 of 2 Tyler Technologies-ERP&Schools Phone: 1-800-772-2260 Press 2,then 1 Fax: 1-866-673-3274 Email: ar@tylertech.com No.Item/Description/Comments Drop Ship #Users Quantity U/M Unit Price Disc% Total Cost 10 Renewal:EDEGPURC501 No 1 1 EA 1,820.33 .00 1,820.33 Purchasing Support Maintenance Plan: ; Start: 01/01/2019,End: 12/31/2019; Term: 12 months 11 Renewal:EDEGREQU501 No 1 1 EA 1,213.54 .00 1,213.54 Requisitions Support Maintenance Plan: ; Start: 01/01/2019,End: 12/31/2019; Term: 12 months 12 Renewal:EDEWHRIS501 No 1 1 EA 1,730.36 .00 1,730.36 Human Resources Support Web Maintenance Plan: ; Start: 01/01/2019,End: 12/31/2019; Term: 12 months Does not include any applicable taxes Order Total: 46,480.22 II Comments: Remittance: Invoice 0I V Tyler Technologies, Inc. • • • (FEIN 75-2303920) Invoice No Date Page ••�•�• P.O. Box 203556 025-232439 09/01/2018 1 of 1 • technologies Dallas, TX 75320-3556 Empowering people who serve the public' Questions: Tyler Technologies -Local Government Phone: 1-800-772-2260 Press 2, then 2 Email: ar@tylertech.com City of Temecula Bill To: City of Temecula Ship To: City of Temecula Accounts Payable AUG.lG 2 ,+. 2018 Accounts Payable 41000 Main Street 41000 Main Street Temecula, CA 92590-2764 Temecula,CA 92590-2764 Finance Department Customer No. Ord No PO Number Currency Terms Due Date 1 53 i4 96964 USD NET30 10/01/2018 j Date Description Units Rate Extended Price Contract No.:TEMECULA,CITY OF Software Support&Maintenance:EnerGov Other 1 71,696.20 71,696.20 Maintenance:Start:01/Oct/2018, End:30/Sep/2019 Tyler Cashiering-Maintenance 1 3,780.00 3,780.00 Maintenance Start:01/Oct/2018, End:30/Sep/2019 Software Support&Maintenance:EnerGov IG Inspect/Enfoce 1 10,620.00 10,620.00 Maintenance:Start:01/Oct/2018, End:30/Sep/2019 DEPT. APPR, ACCT. CODE 3ao, 119.9'0, Sa-(1 ACCT. APPR. R, 04,11) PO i **ATTENTION** Subtotal 86,096.20 II Order your checks and forms from Tyler Business Forms at 877-749-2090 or Sales Tax 0.00 tylerbusinessforms.com to guarantee 100% compliance with your software. Invoice Total 86,096.20 ` . X Item No . 9 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: September 25, 2018 SUBJECT: Approve an Agreement with Environmental Science Associates for an Initial Study and CEQA Analysis for Paseo del Sol Tentative Tract Map PREPARED BY: Lynn Kelly-Lehner, Principal Management Analyst RECOMMENDATION: That the City Council approve an Agreement with Environmental Science Associates, in the amount of$72,795, for an Initial Study and CEQA Analysis for Paseo del Sol Tentative Tract Map. BACKGROUND: The City of Temecula is processing a Tentative Tract Map for Planning Area 4 of the Villages at Paseo del Sol, located at the corner of Butterfield Stage Road and Temecula Parkway. ESA will perform an Initial Study and appropriate environmental analysis, as determined by the California Environmental Quality Act (CEQA). FISCAL IMPACT: There is no fiscal impact to the City. The applicant deposited sufficient funds to cover the cost of services. ATTACHMENTS: 1. Agreement 2. ESA Proposal AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND ENVIRONMENTAL SCIENCE ASSOCIATES INITIAL STUDY AND CEQA ANALYSIS FOR VILLAGES AT PASEO DEL SOL THIS AGREEMENT is made and effective as of September 25, 2018, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Environmental Science Associates, a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on September 25, 2018, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2019, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed seventy two thousand seven hundred ninety five dollars and zero cents ($72,795.00.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's fees, it shall 06/29/2018 give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting, documents, shall be maintained for a period of three (3) years after receipt of final payment. 2 06/29/20 18 b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 3 06/29/2018 b. 1) General Liability: One Million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million ($1,000,000)accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or 4 06/29/2018 notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries,wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. 5 06/29/2018 b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Environmental Science Associates Attn: Danielle Griffith 550 West C Street Suite 750 San Diego, CA 92101 14. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights 6 06/29/2018 under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub-contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub-contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non-substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non-monetary changes in scope of work; (d) agreement termination. 7 06/29/2018 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA ENVIRONMENTAL SCIENCE ASSOCIATES (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Matt Rahn, Mayor Eric Ruby, Senior Vice President ATTEST: By: By: _. Randi Johl, City Clerk Bobbette Biddulph, Vice President APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Environmental Science Associates Attn: Danielle Griffith 550 West C Street, Suite 750 San Diego, CA 92101 619-719-4188 dgriffith@esassoc.com PM lniti• ..r Date: 4 -,1 , 8 06/29/2018 EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: All tasks to be performed are per the proposal provided by the Consultant attached hereto and incorporated herein as though set forth in full. 9 06/29/2018 EXHIBIT B Payment Rates and Schedule Cost for services shall be as per Consultant's attached proposal but in no event shall the total cost of services exceed$72,795.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 10 06/29/2018 June 28, 2018 Mr. Eric Jones Associate Planner City of Temecula Planning Department 41000 Main Street Temecula, CA 92590 Subject: Proposal for Preparation of an Tiered MND for Planning Area 4A, Villages at Paseo Del Sol, Temecula, California Dear Eric: ESA is pleased to submit this proposal for preparation of a Mitigated Negative Declaration("MND") pursuant to the requirements of the California Environmental Quality Act(CEQA)for Planning Area 4A of the Villages at Paseo Del Sol located at the northwest corner of Butterfield Stage Road and Temecula Parkway. We fully understand the City's requirements for preparation and processing a MND the importance of responsive consultant support for this project. In order to achieve the city's desired processing schedule, ESA will dedicate a core team of staff to the preparation of the document,working under the direction of the project manager/city planner. Qualifications ESA has prepared over 8,000 planning and CEQA documents in its 47-year history. With over 500 employees located throughout California, Oregon, Washington and Florida, ESA has the technical expertise to produce large scale controversial planning and CEQA documents on schedule and within budget. ESA has extensive experience with preparing documentation for residential developments throughout Southern California and Riverside County in particular. In addition, ESA staff has a comprehensive understanding of City of Temecula CEQA and entitlement processing requirements, having prepared more than 12 CEQA documents for the city. ESA also understands and works with surrounding jurisdictions including water and school districts as well as state and federal regulatory agencies. General Approach We propose the following scope of work based upon our detailed review of the numerous reports prepared by the Applicant, as well as the Paseo del Sol Specific Plan and EIR 219, the City's General Plan and all other available information about the project and the project site. Additionally, we have included a description of our quality assurance/quality control (QA/QC)process, which ensures that we deliver a document of the highest quality. Project Management The CEQA/NEPA Management Team is composed of ESA's Project Director, Eric Ruby and Project Manager, Danielle Griffith. Additionally, the team is composed of specialists who can address the environmental issues that the City will most likely encounter when processing this project. While Eric is the overall Contract Manager, and, in this role, he will provide individual project oversight, Danielle will oversee the technical experts and provide an effective structure for establishing effective communication and consistency across the technical disciplines. City of Burbank.First Street Mixed-Use Project 3-1 Heidi Rous will lead the Air Quality, Noise, Greenhouse Gas, and Energy work, which are key components of this project. Heidi has worked on numerous projects in the Riverside County and Temecula area. QAVQC Procedures Over the past 47 years, ESA has developed systematic processes for preparing and reviewing technical documents with the specific intent of ensuring high-quality work that is prepared to the satisfaction of our clients. ESA keeps strict adherence to a QA/QC methodology for all ongoing projects. ESA's Commitment to Quality consists of two main components—the Quality Assurance (or"QA") component and the Quality Control(or"QC") component. Both parts work in tandem to ensure that any document that is presented for publication is of the highest overall quality possible. ESA's QA/QC Plan consists of four major review elements: Independent Technical Peer Review; Project Manager Assembly and Review of Work Product; Editorial Review of Work Product; and Project Director Review and Approval. Through implementation of the QA/QC Plan, ESA provides quality work products that are thorough,technically and procedurally accurate, and easy to understand. Budget and Schedule Control The ESA Team will maintain the project schedule by first proposing a realistic time frame for each of the proposed tasks. The schedule will reflect a practical sequence for each of the activities proposed.Where possible, ESA will schedule activities concurrently to shorten time frames and to allow maximum integration of multidisciplinary technical and administrative efforts. After the schedule framework has been finalized in cooperation with the City's Project Management team, ESA will adopt the schedule as a "real time"management tool and will use it in conjunction with budget tracking information and quality control auditing to monitor project performance and progress. Measures to restore any slippage of the project schedule may include increasing resource allocation, modifying the scope of work to accelerate project completion without risk to project quality, or reorganizing existing efforts and resources to accommodate short-term project acceleration. Our in-house accounting system provides weekly project cost information that is linked to our electronic timesheet and vendor invoice process. As the Project Manager, Danielle,will review time billed to tasks on a weekly basis and adjustments will be made as necessary throughout the life of a given task order to proactively address potential problem areas. ESA will advise the City Project Management team of any financial issues in a timely manner to allow efficient implementation of necessary recovery measures. Project Approach Due to the nature of the proposed project as well as the City's desire to prepare an Initial Study Mitigated Negative Declaration (IS/MND), ESA proposes to prepare a robust IS/MND that will be supported by substantial evidence in the form of the technical studies prepared by the applicant and technical analysis (where appropriate) or through extensive project research and in consultation with the City and the Applicant team. Project Understanding The Applicant is proposing a Tentative Tract Map in Planning Area 4a of the Paseo del Sol Specific Plan. The project involves developing 173 residential units, a redesigned drainage plan and open space. Specifically, the proposed project, is located within the Paseo del Sol Specific Plan 219, which comprises of 1,391.5 acres in the City of Temecula. The Specific Plan is bounded by Pauba Road on the north, Temecula Parkway/SR 79 South on the south, Butterfield Stage Road to the east, and Margarita Road to the west. The Paseo del Sol Specific Plan 219 divides the development into 38 planning areas. The Project is located in Planning Area 4 (PA-4)and proposes 173 single family residential lots, a park and major drainage and water quality improvements. The Project site is the last undeveloped portion of the larger Paseo del Sol Specific Plan 219. The Paseo del Sol Specific Plan 219 was designed to consider access links, compatible land use transitions with neighboring properties, views, and landform relationships. A total of 5,072 dwelling units is proposed on 1,037.8 acres throughout the Specific Plan area. The Paseo del Sol Specific Plan Environmental Impact Report(EIR No. 235)was approved and certified by the County of Riverside on September 6, 1988. Subsequently 9 Amendments and 4 EIR Addenda have been prepared for the Specific Plan, and the project area was included in the City of Temecula, during incorporation. Addendum No. 1 was prepared in conjunction with Amendment No. 4 of the Paseo del Sol Specific Plan No. 219 and was certified by the Temecula City Council in 1992.When Amendments No. 5 and 6 were approved in January of 1997 and January of 1998 respectively,the City Council determined that the project was consistent with a project for which an EIR had already been prepared. Therefore, the Council concluded that no further environmental analysis was required for these amendments. Addendum No. 2 was adopted on March 17, 1999 by the City of Temecula.Addendum No. 2 evaluated institutions such as facilities for the aged, congregate care residential facilities, information center and nursery schools and found that no additional environmental impact evaluation would be required.Addendum No. 3 evaluated the potential impacts resulting from Specific Plan Amendment No. 7. Addendum No. 4 evaluated the potential impacts resulting from Specific Plan Amendment No. 5. This proposal describes the approach to evaluate the current Project(TTM 36483),which proposes 173 single family residential lots, a park and improvements to the drainage system herein as the"Project."The original Paseo Del Sol EIR No. 235 Based on ESA's understanding of the proposed project, conversations with City staff, a review of all available information(including the various reports,the Specific Plan,the General Plan, and other available information regarding the project and the project site), our familiarity with the project area(including a recent project site visit), and our knowledge of CEQA requirements, we anticipate that a tiered IS/MND is the sufficient level of CEQA clearance needed to support project approval. ESA understands that environmental topics expected to require in- depth analysis in the IS/MND include: • Air Quality and Greenhouse Gases • Biological Resources • Cultural Resources; • Hydrology; and • Noise To support the consideration of approval for the project, ESA's scope of work includes the preparation of a robust IS/MND to provide environmental clearance under CEQA for the project. ESA offers an institutional breadth of knowledge gleaned from projects with potentially similar key issues(e.g., air quality, biology, greenhouse gas emissions, hydrology and drainage, and cultural resources)and, even more importantly, our project management team has been specifically assembled to provide the City with direct access to individuals with the necessary areas of technical expertise, as well as experience with Temecula and the preparation of IS/MNDs. Our team will be able to assist the City in identifying the project-specific issues early in the environmental documentation process,which will allow the applicant and the City to facilitate a streamlined project processing experience. ESA understands that the Applicant's representative has provided some technical studies(described below)that will support the tired IS/MND. For the technical sections, ESA has assembled a professional team, that have collectively worked on similar projects and can assist the City in navigating through the environmental review process. ESA will ensure the CEQA conclusions are based on substantial evidence in the record. CEQA provides that a Negative Declaration is authorized when the Lead Agency determines that no substantial evidence exists supporting a fair argument of a significant effect. An MND applies when changes to the project or mitigation measures reduce the significant effects to a less than significant level or avoid them all together. According to §21080(d)and(e), if there is substantial evidence of significant effects, even though the full analysis has yet to be prepared, an EIR is required. This provides the Lead Agency, in this case the City of Temecula with a means by which to gauge the quality of evidence discovered during its review of a project. ESA will closely work with the City as the data is collected and the impact analyses are conducted to constantly determine whether there is substantial evidence that could support a fair argument of a significant effect, thereby requiring preparation of an EIR. Water Code section 10912, subdivision (a), defines the term "project"for purposes of determining whether a Water Supply Assessment would be required. The project does not exceed any of the triggers, which include a residential development of more than 500 units and/or a commercial development of more than 500,000 square feet;therefore, a Water Supply Assessment is not required. The following presents ESA's suggested scope of work, based on the information we currently have available.We are happy to discuss our approach with the City and make amendments, as necessary,to better suit the needs of the City, the applicant, and the environmental review process. Task 1 : Project Initiation Subtask 1.1 Research and Review ESA has begun to review all available, relevant documents to establish a firm understanding of the project background. This review has served as a proactive opportunity to identify any critical path issues or areas of concern that have not yet been identified. In addition, literature of relevant documents prepared in the surrounding area of the project site will be reviewed. The document review conducted by the ESA team will include, but not be limited to,the: • City's General Plan and Specific Plan 219(which has already been reviewed), • TTM prepared for the proposed project(which has already been reviewed)„and • Applicant's reports. From the initial project research and other extraneous research efforts, all with an eye towards predicting possible impacts(and whether those impacts could result in the need for an EIR)and to be best prepared for the project kick-off meeting. Task 2: Technical Analyses and Draft Tiered IS/MND The ESA team will obtain and review existing available information relevant to the impact analysis for the proposed project, beyond the project-specific materials that are already in our possession. For reports or studies that are prepared and submitted by the project developer, ESA shall review all documents and make recommendations to City staff on their content and validity. ESA will also conduct the following technical analyses necessary to evaluate impacts to specific technical resources: • Air Quality • Energy Analysis For all technical analyses under ESA's control, if potentially significant impacts are identified,we will immediately inform the City; but, beyond that, we will provide possible scenarios under which the potentially significant impact(s)would not occur. This will allow the City and the applicant to determine whether the development plan or the construction plan could or should be altered to avoid the impact or whether preparation of an EIR would be the most appropriate decision. As one example, if an air quality impact were to be identified, a possible solution might be to extend the construction schedule to reduce the peak daily emissions. Subtask 2.1 Air Quality Assessment The air quality analysis will assess the potential air quality impacts that may arise from implementation of the proposed project. The construction activities at the project site along with long-term project operation would result in emissions of criteria air pollutants(such as particulate matter)and ozone precursors. The nearest sensitive receptors in the project vicinity will be included in the assessment.As the site is located within the South Coast Air Basin (Basin), which is under the local jurisdiction of the South Coast Air Quality Management District (SCAQMD),the air quality analysis will be conducted in accordance with the procedures and methodologies set forth in the SCAQMD's CEQA Air Quality Handbook. The air quality impact assessment will include an evaluation of the proposed project's conformance with the most recent air quality management plan(AQMP)for the Basin, which is the 2016 AQMP. The estimated construction and operational regional emissions for the project will be quantified using the most recent version of the California Emissions Estimator Model (CaIEEMod)and evaluated against the applicable SCAQMD thresholds of significance to determine whether potential air quality impacts would result. The calculation of the project's construction emissions will be based on the amount and types of construction equipment that would be employed at the project site during each of the three proposed construction phases. ESA will work with the Applicant team to ensure that the maximum (worst-case)daily construction emissions during each of the construction phases are captured and presented in the air quality analysis.With regard to operational emissions, the project's mobile- source emissions will be estimated based, in part, on data provided in the traffic study that will be prepared for the project. Overall,the estimated construction and operational regional emissions for the project will be quantified and evaluated against the applicable SCAQMD thresholds of significance. The analysis will identify appropriate mitigation measures to minimize the project's air quality impacts, as necessary. In addition, as recommended by SCAQMD, both the construction and operational impact analyses will include an assessment of the project's possible effect on local air quality (including localized carbon monoxide, nitrogen dioxide, and fine particulate matter)concentrations at nearby sensitive receptor locations. The nearest off-site sensitive receptor in the immediate vicinity of the project site include the residential development located directly across de Portola Road. The local air quality analysis will be conducted in accordance with SCAQMD's localized significance thresholds(LSTs)methodology. The LSTs represent the amount of pounds of pollutant emissions per day that can be generated by a project without causing or contributing to adverse localized air quality impacts. The LSTs are used as screening thresholds by SCAQMD in evaluating localized air quality impacts, and apply to projects that are less than or equal to five acres in size. Furthermore, as the project is anticipated to result in increased vehicle trips to and from the project site over existing baseline conditions, impacts associated with localized carbon monoxide hotspots at nearby study intersections to the project site will be assessed as well. Potential toxic air contaminants and odor emissions associated with the project, which would occur primarily during temporary construction activities at the site, will also be addressed qualitatively in the analysis.Appropriate mitigation measures will be identified to reduce the project's air quality impacts,where necessary. Subtask 2.2 Greenhouse Gas Emissions Greenhouse gas(GHG)emissions were not assessed in the FEIR. Consistent with this approach, GHG impacts will be discussed qualitatively in the tiered MND. The Tiered MND will discuss the project's consistency with the goals and recommended actions of the State's Climate Change Scoping Plan, the City's Sustainability Plan, and other applicable policies, goals, and laws adopted to reduce GHG emissions.. Subtask 2.3 Energy The original Energy assessment in the FEIR will be updated consistent with the air pollutant emissions calculations discussed above. Current and future state and local efforts and policies aimed at energy efficiency will be incorporated, as applicable. Subtask 2.4 Draft Initial Study Based on available information and the results of the analyses described above, the Administrative Draft Tiered Initial Study will include the project description, the CEQA Environmental Checklist, a detailed discussion of issues raised in the checklist(as well as the identification of mitigation measures, where applicable, to lessen project-related impacts), and references. It will also contain appropriate graphics, including regional and local vicinity maps and proposed project graphics. The Administrative Draft Initial Study will include an assessment of temporary construction-related impacts as well as any long-term impacts associated with operation. Subtask 2.5 Mitigation Monitoring and Reporting Plan A Mitigation Monitoring and Reporting Program (MMRP)will be prepared for the IS/MND. Based on the City's preference, the MMRP can also be prepared as part of the Final IS/MND, which in our experience can be more efficient as it reflects final mitigation measures that may have changed during the public review process. The MMRP will contain a compilation of mitigation measures presented in the Tiered IS/MND and will identify responsible parties, timing or phasing, and enforcement parties. This will be presented in a matrix format. ESA will provide the MMRP as a separate chapter or separate"submittal"as directed by the City. The mitigation measures and the MMRP will be fully consistent with City policies and programs, and will meet the requirements of Section 21081.6(a)of the Public Resources Code. Task 3: Public Draft Initial Study/MND Subtask 3.1 Circulate IS/MND and Notice of Intent (NOI) ESA will address all comments provided by the City in the Administrative Draft IS/MND. It is assumed that one consolidated mark-up of the Administrative Draft Tiered IS/MND will be provided to ESA. ESA will make necessary changes and submit a "Screencheck" Draft IS/MND for final review and comment, of which comments are anticipated to be minor. ESA will incorporate comments and prepare a public draft IS/MND. ESA will transmit electronic copies of the public draft IS/MND (MS Word and Adobe PDF). We will prepare the Notice of Intent(NOI)and the City will file and circulate the IS/MND & MMRP for comment by public agencies and the general public during a 30-day public review period. ESA understands that the City will be responsible for publishing notice(s)in the San Diego Union Tribune newspaper. r ESA .44 Task 4: Response to Comments & Public Hearings Subtask 4.1 Response to Comments The consultant shall review all public comments, prepare a written response for each comment received and submit for City review. This scope of work assumes a total of no more than ten(10)commenting agencies/individuals and/or over 75 comments(assumes comments letters will be an average of two pages in length). Multiple copies of the same/similar letter will be treated as one comment letter. Should additional letters be received, an amendment to the cost estimate may be required. Subtask 4.2 Project Planning Board and City Council Hearing(s) ESA's project management team will participate in the Planning Board hearing(s)for a recommendation on the project. ESA will attend a minimum of one Planning Commission public hearing. ESA understands that City staff will be primarily responsible for posting notices and presenting the project. ESA staff will attend the public hearing and be prepared to respond to any environmental questions/concerns. ESA's project management team will participate in the City Council hearing(s)for project approval. Consultant must attend a minimum of one City Council public hearing. We will attend the meeting and if requested by the City, will make a presentation and respond to questions at the hearing. ESA's project management team will attend an additional City Council hearing(s)if the project is continued or appealed. Subtask 4.3 Notice of Determination ESA will prepare a Notice of Determination for filing with Office of Planning and Research OPR)within five working days(as required by Section 10575 of the CEQA Guidelines), and the City will file the NOD with the Riverside County Clerk. task 5: Meetings and Project Management Subtask 5.1 Meetings and Conference Calls Adequate hours have been budgeted for attendance, preparation, and travel to public hearings, meetings, and project management activities, including meetings specifically called out in the previous tasks. If additional meetings or additional hours are required, these will be billed on a time-and-materials basis. All public hearings will be attended by Eric Ruby, Project Director, and Danielle Griffith, Project Manager, both of whom will also assist in the facilitation of the public meetings and present the MND (if required). Subtask 5.2 Project Management Danielle Griffith, ESA's Project Manager, will oversee the project through the EIR preparation and certification process. Upon project initiation, she will provide weekly progress reports and set up a weekly conference call for team updates. She will also provide a monthly written progress report throughout the process, to maintain the project schedule. Process and Schedule ESA will prepare and submit for review and comment a draft of the above MND to the City. Upon receipt of any comments, ESA will incorporate the comments into a subsequent draft of the MND. This scope of work assumes up to 2 review cycles of the Tiered MND. It is estimated that ESA can prepare and submit for review a first draft of the Tiered MND within three weeks of receiving a notice to proceed and city agreement on a project description. Deliverables: • Electronic copy of the first and second draft Tiered MND in Word and pdf • Electronic copy of the final Tiered MND in Word and pdf • Up to 10 hard copies of the final Tiered MND for use by the City Cost The fee for the above scope of work is on a time and materials basis, not-to-exceed $64,795. This cost includes a credit of$8,000 remaining from the Paseo del Sol Addendum task order. A detailed cost breakdown for the IS/MND is attached (which shows the overall project budget). PRICING PROPOSAL: ! ESA ESA Labor Detail and Expense Summary City of Temecula Paseo del Sol Administrative Project Project Senior Noie Bio/Hyd Total Total Task Number/Description Director Manager Cultural 8 AQ Air Gual AG Analyst III Analyst II Subtotal Grph/GIS WP Subtotal Hours Labor Price Hourly Billing Rate I $240 I $180 I $200 I $140 I $170 I $110 1 $95 I I $105 I $105 I I I I Project Initiation Research and Review 2 8 $ 1,240 $ - 10 $ 1,240 Kickoff Meeting 1 1 $ 420 $ - 2 $ 420 Project Description 1 4 12 $ 2,280 $ - 17 $ 2,280 2 Technical Analyses and Draft IS/MND Air Quality 6 40 16 - $ 9520 $ 62 $ 9,520 Greenhouse Gas Assessment 4 8 6 $ 2,940 $ - 18 $ 2,940 Energy Assessment 2 12 6 $ 3,100 - $ 20 $ 3,100 Draft Initial Study 6 16 6 24 36 36 45 $ 23,235 _ 8 8 $ 1,680 185 $ 24,915 Mitigation Monitoring and Reporting Plan 6 $ 860 $ - 6 $ 660 3 Public Draft Initial Study/MND 1 Notice of Intent(N01) 1 2 $ 400 8 $ 840 11 $ 1,240 _ $ - 8 $ 840 8 $ 840 4 Response to Comments&Public Hearings Response to Comments 1 8 4 12 16 4 $ 7,320 1 2 $ 315 48 $ 7,635 Project Planning Board and City Council Hearing(s) 3 3 3 3 $ 1,985 $ - 12 $ 1,965 Notice of Determination 2 $ 190 $ - 2 $ 190 5 Meetings and Project Management Meetings and Conference Calls 12 12 6 $ 5,880 $ - 30 $ 5.880 Project Management 6 16 20 _ $ 7,120 $ - 42 $ 7,120 Subtotals-Labor Hours 30 63 22 125 80 68 50 17 18 473 Subtotals-Labor Cost $7,200 $11,340 $4,400 $17,500 $13.600 _ $7.480 $4.750 $ 66.270 $1,785 1,890 $ 3,675 69,945 $ 69,945 Reimbursable Expenses(printing.postage,travel) $ 2.850 ESA Equipment usage(GIS,noise monitoring) $ - Subtotal ESA Non-Labor Expenses $ 2,850 TOTAL PROJECT PRICE $ 72,795 Credit unused budget($8000) $ 64,795 Item No . 10 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: September 25, 2018 SUBJECT: Approve an Agreement for Consultant Services with LaBelle Marvin, Inc., for the Fiscal Year 2018-19 Citywide Slurry Program, PW18-09 PREPARED BY: Avlin Odviar, Senior Civil Engineer - CIP Nino Abad. Associate Civil Engineer- CIP RECOMMENDATION: That the City Council: 1. Approve an Agreement for Consultant Services with LaBelle Marvin, Inc., in the amount of $74,600, for materials testing services for the Fiscal Year 2018-19 Citywide Slurry Program, PW18-09; 2. Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $7,460, which is equal to 10% of the agreement amount. BACKGROUND: On September 11, 2018 the City Council awarded a Construction Contract for the FY18/19 Citywide Slurry Program, PW18-09 to American Asphalt South, Inc. The project consists of slurry sealing nearly 6 million square feet of roadway with Type II Rubber Polymer Modified Slurry or similar material at various, primarily residential roadways, south of Temecula Parkway (see attached project map). Tasks related to the slurry seal operation such as crack filling and restriping are also included in the proposed contract. The agreement with LaBelle Marvin, Inc. is to provide material testing for this project. Material testing is required throughout the placement of the slurry seal for quality control and quality assurance. LaBelle Marvin, Inc. is the only known laboratory in the area that performs the required slurry seal tests. These tests ensure the material used for the project conforms to the project specifications. LaBelle Marvin, Inc. has the ability to perform all of the required material testing for the project, including calibration tests on the slurry seal trucks. Labelle Marvin, Inc. has extensive experience in material testing services and they have performed material testing services for prior City slurry seal projects. FISCAL IMPACT: The Citywide Slurry Seal is included in the Fiscal Year 2018-19 Measure A Fund Operating Budget. To fund the agreement with LaBelle Marvin, the budget of this project will be supplemented with $82,060 from the Capital Improvement Program (CIP) Budget, Pavement Rehabilitation Program — Citywide project. This amount constitute the agreement amount of$74,600 and the 10% ($7,460) contingency. Sufficient funds are available in the project's accounts. ATTACHMENTS: 1. Agreement 2. Project Map AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND LABELLE MARVIN, INC. FY18/19 CITYWIDE SLURRY PROGRAM, PW18-09 THIS AGREEMENT is made and effective as of September 25, 2018 between the City of Temecula, a municipal corporation (hereinafter referred to as 'City"), and Labelle Marvin, Inc. a California S Corporation (hereinafter referred to as"Consultant") In consideration of the mutual covenants and conditions set forth herein. the parties agree as follows 1. TERM This Agreement shall commence on September 25, 2018, and shall remain and continue in effect until tasks described herein are completed, but in no event later than September 25, 2019. unless sooner terminated pursuant to the provisions of this Agreement 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A 3. PERFORMANCE Consultant shall at all times faithfully. competently and to the best of his or her ability, experience, and talent, perform all tasks described herein Consultant shall employ, at a minimum. generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California. the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft. classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov Contractor shall provide a copy of prevailing wage rates to any staff or sub-contractor hired and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1725 5. 1771.1(a). 1773.8. 1775, 1776, 1777.5. 1777.6. and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty the sum of $200 00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him. in violation of the provisions of the Agreement. This project. work or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 5. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations(DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771 1(a) Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid. or provide a proposal and/or time and material quote or be listed in a bid. proposal or quote. subject to the requirements of Public Contract Code Section 4104. or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq.. unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR For more information regarding registration with the Department of Industrial Relations refer to http.//www.dir.ca.gov/Public-Works/PublicWorks.html 6. PAYMENT a. The City agrees to pay Consultant monthly. in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks Any terms in Exhibit A, other than the payment rates and schedule of payment. are null and void This amount shall not exceed seventy four thousand six hundred ($ 74,600.00), plus 10% Contingency, if applicable, of seven thousand four hundred sixty ($ 7,460.00)for a total Agreement amount of eighty two thousand sixty ($ 82,060.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein unless such additional services are authorized in advance and in writing by the City Manager Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement as approved by City Council Any additional work in excess of this amount shall be approved by the City Council c Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month. for services provided in the previous month Payment shall be made within thirty(30)days of receipt of each invoice as to all non-disputed fees If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice For all reimbursements authorized by this Agreement. Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a The City may at any time, for any reason. with or without cause. suspend or terminate this Agreement. or any portion hereof by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice. the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement 2 b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City. pursuant to Section entitled "PAYMENT" herein 8. DEFAULT OF CONSULTANT a The Consultant's failure to comply with the provisions of this Agreement shall constitute a default In the event that Consultant is in default for cause under the terms of this Agreement. City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control. and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement. it shall serve the Consultant with written notice of the default. The Consultant shall have ten(10)days after service upon it of said notice in which to cure the default by rendering a satisfactory performance In the event that the Consultant fails to cure its default within such period of time the City shall have the right, notwithstanding any other provision of this Agreement. to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records. shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data. documents. proceedings and activities related to this Agreement Such records. together with supporting documents. shall be maintained for a period of three (3) years after receipt of final payment. b Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs. drawings. maps, models, computer files containing data generated for the work. surveys, notes and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used reused or otherwise disposed of by the City without the permission of the Consultant With respect to computer files containing data generated for the work. Consultant shall make available to the City. upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files 10. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District. and/or the Successor Agency to the Temecula Redevelopment Agency its officers, officials. employees and volunteers from and against any and all claims, demands, losses. defense costs or expenses. including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents. employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons. or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement. excepting only liability arising out of the negligence of the City of Temecula. Temecula Community Services District and/or the Successor Agency to the Temecula Redevelopment Agency 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant. its agents. representatives, or employees a. Minimum Scope of Insurance. Coverage shall be at least as broad as 1) Insurance Services Office Commercial General Liability form No CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability. code 1 (any auto). If the Consultant owns no automobiles. a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance If the Consultant has no employees while performing under this Agreement. worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability One Million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability One Million ($1 000 000) accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California, Employer's Liability- One Million Dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage' One Million Dollars ($1.000.000) per claim and in aggregate 4 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 insureds. as respects liability arising out of activities performed by or on behalf of the Consultant: products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned leased. hired or borrowed by the Consultant The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula. the Temecula Community Services District. the Successor Agency to the Temecula Redevelopment Agency, their officers officials. employees or volunteers. 2) For any claims related to this project. the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District. the Successor Agency to the Temecula Redevelopment Agency their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers. officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District. and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers. officials. employees or volunteers 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail. return receipt requested of the changes to or cancellation of the policy e Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M Best rating of A- VII or better. unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements f Verification of Coverage- Consultant shall furnish the City with original endorsements effecting coverage required by this clause_ The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf The endorsements are to be on forms provided by the City All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete. certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications 5 12. INDEPENDENT CONTRACTOR a Consultant is and shall at all times remain as to the City a wholly independent contractor The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control Neither City nor any of its officers. employees, agents. or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers. employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City or bind City in any manner b No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries.wages, or other compensation to Consultant for performing services hereunder for City City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees. shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section 14. RELEASE OF INFORMATION a All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization Consultant, its officers, employees. agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations letters of support. testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b Consultant shall promptly notify City should Consultant. its officers. employees agents or subcontractors be served with any summons, complaint, subpoena. notice of deposition. request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City City retains the right. but has no obligation. to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However. City's right to review any such response does not imply or mean the right by City to control. direct, or rewrite said response. 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 s document delivery service, such as but not limited to, Federal Express. that provides a receipt showing date and time of delivery. or(iii) mailing in the United States Mail. certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above Mailing Address: City of Temecula Attn City Manager 41000 Main Street Temecula CA 92590 To Consultant: LaBelle Marvin, Inc Attn: Steven R Marvin 2700 S. Grand Avenue Santa Ana, CA 92705-5404 16. ASSIGNMENT The Consultant shall not assign the performance of this Agreement. nor any part thereof. nor any monies due hereunder, without prior written consent of the City Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to. and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect. all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights. obligations. duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal. superior, or federal district court with geographic jurisdiction over the City of Temecula In the event such litigation is filed by one party against the other to enforce its rights under this Agreement. the prevailing party. as determined by the Court's judgment. shall be entitled to reasonable attorney fees and litigation expenses for the relief granted 19. PROHIBITED INTEREST No officer. or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest. direct or indirect in this Agreement, the proceeds thereof. the Consultant, or Consultant's sub-contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non- contractual. financial or otherwise. in this transaction. the proceeds thereof or in the business of the Consultant or Consultant's sub-contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. 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 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder The City Manager is authorized to enter into an amendment on behalf of the City to make the following non-substantive modifications to the agreement (a) name changes, (b) extension of time, (c) non-monetary changes in scope of work (d) agreement termination 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written CHOOSE AN ITEM LaBelle Marvin, Inc (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Matt Rahn, Mayor Mary Might, Secretary-Treasurer ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Labelle-Marvin Attn: Steve Marvin 2700 S. Grand Avenue, Santa Ana, CA 92705 714-546-3468 714-546-5841 smarvin@labellemarvin.com PM Initials: Date: 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 s.=,cr,�rcrcr„cs•=c rcr�r.cs.cr�sc:ccc,, c,, e r..4--, cszors, s r�rcr,cr,crcr�rcr, �r 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 Or //) ,� Onl /O. JG/8 before me,�JOC2A)� C27476e» AVO G!/,j4/Date Here Insme and Title of the O icer personally appeared ' Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph • 10,�N CAMPBELL is true and correct. • Notary Public-CaMorma WITNESS m and and official seal. lS, Jrerse Cowry Canmisean t 2223877 My Comm Expires Dec 29 2021 Signature (JL if Zs-tie Signature of No ry Public 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 Doament �c Title or Type of D ument: L4./ 4J%rn -� &154(14"%iqj� ,zr" g aS /8 I Nurnr of Pages: /60 Signer(s) Other Thais Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: El Corporate Officer — Title(s): El Corporate Officer — Title(s): El Partner — Limited General El Partner — Limited General ❑ Individual Attorney in Fact ❑ Individual Attorney in Fact C Trustee Guardian or Conservator ❑Trustee Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: cce - a y..,.-y..y.d. ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: All tasks to be performed are per the proposal provided by the Consultant attached hereto and incorporated herein as though set forth in full. Cost for services shall be as per Consultant's attached proposal but in no event shall the total cost of services exceed$82,060.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. • • IiJIICIIC • •• 11141111111 TECHNOLCX;Y PROFESSIONAL PAVEMENT ENGINEERING A CALIFORNIA CORPORATION August 27, 2018 City of Temecula C/O Nino Abad Public Works Department 43200 Business Park Drive Temecula, California 92590 All,,:Nino Abad LaBelle-Marvin, Inc., is pleased to present the following revised cost proposal for materials testing services relative to the Citywide Slurry Seal project,(PW 18-09). Assume Twenty Eight (28)days of Slurry production,with three trucks used for production.(Two samples per truck per day.) Prevailing wage rates applicable. Project management not included. Aggregate Slurry Seal operations: LaBelle Marvin will confirm that the aggregate slurry seal complies with project specifications in accordance with the specification as outlined within SSPWC sections 203-5 and 302-4. Bulk samples of the finished product will be sampled at a rate of two samples per truck for each day. Aggregate samples will be sampled once daily and tested for aggregate gradation and sand equivalent. Bulk samples of the completed mixture will be tested for total moisture content,residual binder content, %emulsion, wet track abrasion loss, and consistency at a rate of one sample per truck per day- hold second for further testing if necessary. Additional emulsion testing available upon request. Production Testing (Slurry) Technician/Sampling 56 Hours @ $120 Travel OT $6,720.00 224 Hours @ $110 On Site $24,640.00 % Moisture 112 @ $40 $4,480.00 Extraction, % Residual Asphalt 84 @ $245 $20,580.00 Aggregate Gradation 28 @ $110 $3,080.00 Sand Equivalent 28 @ $110 $3,080.00 Cook Off,(Emulsion) 3 @ $170 $510.00 W.T.A.T. 84 @ $120 $10,080.00 Total $73,170.00 ____} 2700 S. GRAND AVENUE • SANTA ANA CA 92705-5404 . 714 546-3468 • F ( ) AX (714) 546-5841 I NFO(PLABELLEMARVIN.COM Page 2 PW18-09 Proposal City of Temecula 8/27/2018 Office Support Report Preparation/Typing 14 Hours @ $70 $980.00 Principal Engineer 2 Hours @ $225 $450.000 Total $1,430.00 Grand Total $74,600.00 Requested additional laboratory tests for hold samples not included in this cost estimate. Charges would be for actual services performed at the above stated rates in accordance with our current Schedule of Fees. The opportunity to present this proposal for services is sincerely appreciated and should you have any questions,kindly call. Very truly yours, Thomas S. Williams Lab& Field Supervisor TSW:mm Enclosure LaBelle • Marvin .o„eo I y.NT4G0 RD n7C \OT ,l C,+� COpB1E ST q,� �JP\0 N o o0 N <F WJE 3 LEEN4 Wy.W (j ' 'II. P 4? S GAO ST i,' s, 7 I i LOLRA to Y f�q`. a0 Mpv4le\ 9P� t O a ,IP .,yMPI F� Y P AlE AV 3 , O EScA0OOR � •of R FAVAF�'Op' PArERNO ST 0 %11 5 p vgALARFJ�` 8 'i l.+ P SlEJ-� O c� Yp L� 6 �'� LU2 ' PNJ'JP P OP Ni. � � , \�� pRS0 5 RO ZF co? G RpJP,\O El L P \{5 f N SON WY 'C(✓q� O�P �; )EOROw i SEMECJ„pKV x,irii �O,S�R� O RpS�N RD PIEDRq \aNEL ST d EXPO glp ; ,,,,sl eS�`, •PO OZ Pge C cT QO ,� `c,A0 pVE .11 V CPLLE G1NT0„b �O �OIP ” REEY.pR gLANO SERFtACE pR�q,�R1N O� / a CH\'IOP WY• <04,,,%:4). O� COpChgN pPJ pR� �:11NR#1°C)S4nSletcpc004eCT Qp i , �9'414/1,v+ 4:e. ��;IT. ` ,:O,p "MANN LN SAy" i, -1,,,,,, ,c C�,p S0? y Ja SSR k1L wr No 00 �C 44Y fc��V'e� V\CT GAROLIP r ; 2 81 y.tREE LN N ar5 `�yp,NORlE m7O�zgE� ASEOQ JP aEESIA�Y �' 4� O�AREA A Z O s OR REGINP� q i,.._,2 � ? I. O� fi,4�h �NpPP �J Jap.SALnp 71N0 Wy r'CC4 St /'ASS m u " e Q<v Ips $� g,� o n w <9s �t o ao !j, 7 7� ` , C RY PI 3; `'It, ti- 'II J �SF OR `' Q••AREA B ; b� r EMgASJYP �. �� O. O RHINE P PALMEt�O'' 5P�g LJ- rL �(y'L40 1& V. 44,0,0 ANASAZI OR f�7 Q .414:41 .1P" C. 1 /� p96OC OS' ''� R` IV C T \o Ff CY,� O m J2 0, �N T� m'Q �o, .a r '� n 1' is cb))jj ap EA ST,\'O�V�4$" GTS' h0, P L O +Y 4tiicop S S,sT "°p c �Kpi4RPEA C $t 'R00,cE OR A JP -i`Cy� 4Q'` Lim j�� OR-ott-• U _ 1 A �j 2 Cl �� = RO`rr 1 ROCKY BAR OR O OS\ Gil' 1 OT i ' O��P�O`' S� T¢c 5 t ' �. q W QPp 2 P pECHANG1� i Project Map 0 Z500 5,000 FeetLa PW 18-09 ' '‘-1FY18/19 Citywide Slurry Program TEMECULA COMMUNITY SERVICES DISTRICT CONSENT Item No . 11 ACTION MINUTES September 11, 2018 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District meeting convened at 7:22 PM CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Rahn, Stewart, Comerchero CSD PUBLIC COMMENTS None CSD CONSENT CALENDAR 10 Approve the Action Minutes of August 28, 2018 - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Rahn; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 10.1 That the Board of Directors approve the action minutes of August 28, 2018. 11 Approve a Musical Services Agreement with the Inland Valley Symphony for Free Concerts for Fiscal Year 2018-19 - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Rahn; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 11.1 That the Board of Directors approve a Musical Services Agreement with the Inland Valley Symphony, in the amount of $38,000, for four free musical performances and educational outreach in Fiscal Year 2018-19. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD Action Minutes 091118 1 CSD ADJOURNMENT At 7:23 PM, the Community Services District meeting was formally adjourned to Tuesday, September 25, 2018, at 5:30 PM for a Closed Session, with a 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 091118 2 Item No . 12 Approvals City Attorney j./; \ Director of Finance City Manager CSr TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Kevin Hawkins, Director of Community Services DATE: September 25, 2018 SUBJECT: Approve a Transfer of $6,000 from the Old Town Temecula Community Theater's Operating Budget to the Facility Replacement Fund to Cover Balance of Audio Replacement Cost PREPARED BY: Mike Wooten, Community Services Supervisor II RECOMMENDATION: That the Board of Directors approve the transfer of $6,000 from the Old Town Temecula Community Theater's operating budget to the Facility Replacement Fund to cover the balance of audio replacement cost. BACKGROUND: The Theater's existing audio system was purchased and installed in 2004, and has outlived its useful life. On July 27, 2018, the Community Services Department posted a Request for Quotes (RFQ) on the City's online bidding service, Planet Bids, for replacement of the system. After a thorough review of the four submittals received, staff selected In The Mix Sound, LLC as the vendor to provide the replacement system. Staff then negotiated a savings of approximately 5% on equipment costs. Based upon vendor qualifications, equipment quality and durability, overall cost, and previous experience with the City of Temecula, staff is recommending award of contract to In The Mix Sound, LLC. $97,000 of the $103,000 total replacement cost for the Old Town Temecula Community Theater's Audio System has been allocated in the Fiscal Year 2018-19 Facility Replacement Fund. FISCAL IMPACT: To cover the outstanding balance for the purchase of the Theater's replacement audio system, as requested on the September 25, 2018 City Council agenda, $6,000 will be transferred from the Theater's Stage Lighting/Sound Supplies account (190.189.999.5309) to augment the City of Temecula's Facility Replacement Fund (350.199.999.5610). ATTACHMENTS: None CITY COUNCIL PUBLIC HEARING Item No . 13 Approvals City Attorney Director of Finance City Manager CSr CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Assistant City Manager DATE: September 25, 2018 SUBJECT: Adopt a Resolution Approving an Amended and Restated Ground Lease for Existing Wireless Telecommunications Antennas and Supporting Equipment at Paloma Del Sol Park PREPARED BY: Robert Cardenas, Risk Manager RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED AMENDED AND RESTATED GROUND LEASE FOR EXISTING WIRELESS TELECOMMUNICATIONS ANTENNAS AND SUPPORTING EQUIPMENT AT PALOMA DEL SOL PARK AND FINDING THE ACTION EXEMPT FROM CEQA (ASSESSOR'S PARCEL NUMBER 959-390-002) BACKGROUND: On December 23, 1998, the City Council approved a ground lease agreement with predecessor in interest Cox PCS, LLC, for the installation of a wireless Personal Communications Service facility at Paloma Del Sol Park. The construction included the removal and replacement of an existing 80 foot ballfield light pole, the installation of four panel antennas and re-installation of lights on the replacement pole, installation of another 80 foot pole with eight panel antennas, installation of six cabinets housing appurtenant equipment (on a twelve foot by 30 foot concrete slab screened by a six foot high chain link fence with vinal screen slats. The City and current interest holder, STC One LLC, desire to amend and restate the ground lease for the installation and use of the wireless telecommunications antennas and supporting equipment at Paloma Del Sol Park. Specifically, the Amended and Restated Lease includes (i) an approximte 331 square foot area for the existing wireless commmunications antennas and supporting equipment described on Exhibit B to the Amended and Restated Lease together with a non-exclusive easement described therein, (ii) conduit easement areas under the portion of the Property described on Exhibit C to the Amended and Restated Lease for the installation operation, maintenance, repair and/or replacement of utility wires, cables, conduits, and pipes connecting the leased premises with the nearest point of utility service in accordance with plans and specifications approved in writing in advance by the City, and (iii) access easement areas over and across the portions of the Property described on Exhibit D to the Amended and Restated Lease (collectively "Premises"). The initial term of this lease will be for five (5) years, commencing on September 25, 2018, and expiring on September 24, 2023. At the end of the initial term the lease will automatically be extended for five (5) successive five (5) year terms, subject to the terms and conditions set forth therein. The lease includes a rent requirement of three thousand dollars ($3,000.00) per month. As part of the negotiations for the Amended and Restated Lease, the City obtained an appraisal of the Premises. The compensation for use of park land was determined in compliance with the requirements of the Public Park Preservation Act of 1971, California Public Resources Code Section 5400 et seq., and in particular with the requirements set forth in Public Resources Code Section 5405. The monthly rent will increase by a minimum of three and a half percent (3.5%) annually, beginning October 1, 2019. The funds will be used in compliance with the requirements of the Public Park Preservation Act of 1971, California Public Resources Code Section 5400 et seq. The Amended and Restated Lease is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 of the State CEQA Guidelines. The proposed lease extends the existing 1998 Original Lease and continues to allow Tenant to use the property for the installation and use of the wireless telecommunications antennas and supporting equipment at Paloma Del Sol Park. The Amended and Restated Lease involves negligible or no expansion of the uses currently authorized by the 1998 Original Lease. FISCAL IMPACT: The initial annual rental income amount of at least $36,000 to the City will be made in monthly installments of $3,000. The rental income amount will increase by a minimum of three and a half percent (3.5%) annually, beginning October 1, 2019. The funds will be used in compliance with the requirements of the Public Park Preservation Act of 1971, California Public Resources Code Section 5400 et seq. ATTACHMENTS: 1. Resolution 2. Amended and Restated Ground Lease RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED AMENDED AND RESTATED GROUND LEASE FOR EXISTING WIRELESS TELECOMMUNICATIONS ANTENNAS AND SUPPORTING EQUIPMENT AT PALOMA DEL SOL PARK AND FINDING THE ACTION EXEMPT FROM CEQA (ASSESSOR'S PARCEL NUMBER 959-390- 002) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The City of Temecula owns the real property commonly known as 32099 De Portola Road, Temecula, and identified as Assessor's Parcel Number 959-390-002, which is improved with Paloma Del Sol Park ("Property"). B. The City and Cox PCS Assets, LLC, a Delaware limited liability company entered into a lease dated December 23, 1998 for installation and use of wireless communication facilities ("Original Lease"). The Original Lease authorized the construction, including the removal and replacement of an existing 80-foot ballfield light pole, the installation of four panel antennas, and re-installation of lights on the replacement pole, installation of another 80-foot pole with eight panel antennas, installation of six cabinets housing appurtenant equipment (on a 12-foot by 30-foot concrete slab screened by a six-foot high chain link fence with vinal screen slats). C. STC ONE LLC, a Delaware limited liability company, registered in California as Tower Company One LLC, by and through its Attorney In Fact, Global Signal Acquisition III LLC, a Delaware limited liability company is the successor to the interests of Cox PCS Assets, LLC, a Delaware limited liability company. D. The City and Tenant desire to amend the Original Lease and to fully restate and replace the Original Lease pursuant to that certain agreement entitled "Amended and Restated Ground Lease for Installation and Use of Wireless Telecommunications Antennas and Supporting Equipment at Paloma Del Sol Park" and dated September 25, 2018 ("Amended and Restated Lease")for the installation and use of the existing wireless commmuniations antennas and supporting equipment, and related conduit and easement areas. Specifically, the Amended and Restated Lease includes (i) an approximte 331 square foot area for the existing wireless commmunications antennas and supporting equipment described on Exhibit B to the Amended and Restated Lease together with a non-exclusive easement described therein, (ii) conduit easement areas under the portion of the Property described on Exhibit C to the Amended and Restated Lease for the installation operation, maintenance, repair and/or replacement of utility wires, cables, conduits, and pipes connecting the leased premises with the nearest point of utility service in accordance with plans and specifications approved in writing in advance by the City, and (iii) access easement areas over and across the portions of the Property described on Exhibit D to the Amended and Restated Lease (collectively "Premises"). E. As part of the negotiations for the lease of the Premises, the City obtained an appraisal of the Premises. The compensation/rent for the Premises has been determined in compliance with the requirements of the Public Park Preservation Act of 1971 , California Public Resources Code Section 5400 et seq., and in particular with the requirements set forth in Public Resources Code Section 5405. F. The initial monthly rent for the Premises is $3,000 per month and the intial term of the lease commences on September 25, 2018 and expires on September 24, 2023. The Amended and Restated Lease also provides for automatic five successive five-year terms, subject to the terms and conditions set forth therein. G. The City will use the funds received pursuant to the Amended and Restated Lease in compliance with the Public Park Preservation Act of 1971 , California Public Resources Code Section 5400 et seq. Section 2. Approval of Agreement. The City Council of the City of Temecula approves that certain agreement entitled Amended and Restated Ground Lease for Installation and Use of Wireless Telecommunications Antennas and Supporting Equipment at Paloma Del Sol Park, with such changes in the Amended and Restated Lease as may be mutually agreed upon between the City and Tenant as are in substantial conformance with the form of the Amended and Restated Lease presented to the City Council. The Mayor is hereby authorized to execute the Amended and Restated Lease on behalf of the City. A copy of the final Amended and Restated Lease, when executed by the Mayor, will be placed on file in the office of the City Clerk. Section 3. City Manager's Authority. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to carry out and implement the Amended and Restated Lease, and to administer the City's obligations, responsibilities and duties to be performed under the Amended and Restated Lease, including but not limited to, approval and execution on behalf of the City of necessary documents to implement the Amended and Restated Lease, including but not limited to, minor amendments or corrections as needed. Section 4. Environmental Analysis. The Amended and Restated Lease is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 of the State CEQA Guidelines. The proposed lease extends the existing 1998 Original Lease and continues to allow Tenant to use the property for the installation and use of the wireless telecommunications antennas and supporting equipment at Paloma Del Sol Park. The Amended and Restated Lease involves negligible or no expansion of the uses currently authorized by the 1998 Original Lease. Section 5. Certification. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of September, 2018. Matt Rahn, 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. 18- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25th day of September, 2018, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk AMENDED AND RESTATED GROUND LEASE FOR INSTALLATION AND USE OF WIRELESS TELECOMMUNICATIONS ANTENNAS AND SUPPORTING EQUIPMENT AT PALOMA DEL SOL PARK THIS AMENDED AND RESTATED GROUND LEASE FOR INSTALLATION AND USE OF TELECOMMUNICATIONS ANTENNAS AND SUPPORTING EQUIPMENT (this "Lease")is made as of September 25,2018 (the"Effective Date"),by and between the CITY OF TEMECULA, a California municipal corporation ("City"), and STC ONE LLC, a Delaware limited liability company, registered in California as Tower Company One LLC, by and through its Attorney In Fact, Global Signal Acquisitions III LLC, a Delaware limited liability company ("Tenant"),each a"Party"and collectively the"Parties." RECITALS A. City owns the real property described in Exhibit A commonly known as Paloma del Sol Park located at 32099 De Portola Road in the City of Temecula, County of Riverside, State of California,Assessor's Parcel Number 959-390-002 (the"Property"). B. City and Tenant's predecessor in interest entered into that certain Communications Site Ground Lease Agreement dated December 23, 1998, originally by and between City and Cox PCS Assets, LLC,a Delaware limited liability company(referred to as the "Original Lease"). C. City and Tenant desire to amend the Original Lease, and fully restate and replace the Original Lease with the terms and conditions of this Lease. D. The compensation for use of park land has been has determined in compliance with the requirements of the Public Park Preservation Act of 1971,California Public Resources Code Section 5400 et seq.,and in particular with the requirements set forth in Public Resources Code Section 5405. AGREEMENT In consideration of the Recitals set forth above,the terms and conditions of this Lease and other valuable consideration, the adequacy of which is hereby acknowledged, the Parties hereby amend and restate in its entirety the Original Lease as of the Effective Date(and as of the Effective Date,the Original Lease shall be of no further force or effect except for obligations that have arisen thereunder prior to the Effective Date): 1. PREMISES. 1.1 Leased Premises. City hereby leases to Tenant, and Tenant hereby leases from City, that portion of the Property described on Exhibit B(the"Leased Premises"). 1.2 Conduit Easement Areas. City also grants to Tenant during the term of this Lease a non-exclusive easement under that certain portion of the Property, which non-exclusive easement shall be irrevocable during the term of this Lease,but which shall automatically terminate -1- . Site Name:Margarit Business Unit#:879871 upon expiration of the Removal Period (as defined in Section 31 below), to install, operate, maintain, repair and/or replace utility wires,cables, conduits and pipes under those portions of the Property described on Exhibit C as the "Conduit Easement Areas" connecting the Leased Premises with the nearest point of utility service to the Leased Premises,all according to plans and specifications approved in writing in advance by City. Upon completion of Tenant's initial improvements in the Conduit Easement Areas, Tenant, at Tenant's sole cost and expense, shall provide City with as-built drawings of the utility wires, cables, conduits and pipes in the Conduit Easement Areas, which drawings shall thereafter define the Conduit Easement Areas. Notwithstanding the foregoing,City has approved the as-built drawings of the utility wires,cables, conduits and other improvements installed under the terms of the Original Lease, which are included as part of Exhibit E. 1.3 Access Easement Areas. City also grants to Tenant during the term of this Lease the non-exclusive right, which right shall be irrevocable during the term of this Lease, but which shall automatically terminate upon expiration of the Removal Period(as defined in Section 31 below), of foot or motor vehicle, including trucks, ingress to and egress from the Leased Premises over and across the portions of the Property described on Exhibit D as the "Access Easement Areas." 1.4 Definition of Premises. The Leased Premises, Conduit Easement Areas and the Access Easement Areas are collectively referred to herein as the"Premises." 1.5 No Representations. Tenant hereby accepts the Premises in their current"AS IS" condition. City makes no representations or warranties, express or implied, regarding title to the Property. Tenant takes its interest under the Lease subject to all matters of record and all title matters that would be revealed by a diligent inspection of the Property. Tenant will defend, indemnify and hold City harmless from and against any claims, liabilities, damages, costs and expenses resulting from or relating to any violation by Tenant of any such title matters. Tenant shall use Dig Alert and is responsible for coordinating with the owners of any existing utility facilities on,under or over the Property. 1.6 No Release. Nothing herein is intended to(nor shall be construed to)release Tenant from any liabilities it may have under the Original Lease that may have accrued prior to the Effective Date,or waive any of such liabilities. 2. TERM. 2.1 Initial Term. The term of this Lease shall be for five(5) years (the "Initial Term") commencing on September 25, 2018, and expiring on September 24, 2023. Rental payments under Section 3 below shall commence on September 25, 2018. 2.2 Extension Terms. Provided Tenant is not in default beyond any applicable cure period under the terms of this Lease as of the end of the Initial Term or the end of the then- current Extended Term, as applicable, this Lease shall automatically be extended for five (5) successive five(5)year terms(individually,an"Extended Term,"and collectively,the"Extended Terms") on the same terms and conditions as set forth in this Lease (unless expressly provided otherwise in this Lease) unless Tenant terminates this Lease at the end of the then-current term by -2- Site Name:Margaret Business Unit#:879871 giving City written notice of termination at least six(6)months prior to the expiration of the Initial Term or the then-current Extended Term,as the case may be. 2.3 Lease Term. The"Lease Term"shall mean the Initial Term, any Extended Terms,and any month-to-month tenancy authorized in writing by City pursuant to Section 30. 3. RENT. All sums payable under this Lease shall be deemed to constitute rent. 3.1 Monthly Rent. Tenant shall also pay to City in advance as"Monthly Rent," without deduction,setoff,prior notice or demand,the sum of three thousand dollars($3,000.00)per month on or before the first(0)day of each calendar month,commencing on September 25,2018. Monthly Rent for any partial month shall be prorated at the rate of 1/30th of the Monthly Rent per day. Monthly Rent is subject to adjustment in Section 3.2. 3.3 and 3.4 below. 3.2 Annual Adjustment. Beginning on October 1,2019,and on each subsequent anniversary of that date during the Lease Term (each, an "Adjustment Date"), the Monthly Rent shall be increased based on the following formula: (a) Increased Monthly Rent=(Monthly Rent)+([(IR-IL)/IL] x Monthly Rent) (b) Definitions: IR is the Consumer Price Index for the month which is three(3)months immediately preceding the applicable Adjustment Date. (c) IL is the Consumer Price Index for the month which is three (3) months immediately preceding the date that is one year prior to the applicable Adjustment Date. (d) "Consumer Price Index" shall mean the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor for Urban Wage Earners and Clerical Workers for All Items (CPI-W) - Los Angeles-Riverside-Orange County,California average or shall mean the successor to such Consumer Price Index. In the event the Consumer Price Index is converted to a different standard reference base or otherwise revised, the determination shall be made with the use of such conversion factor, formula or table for converting the Consumer Price Index as may be published by the Bureau of Labor Statistics,or if the Bureau should fail to publish the same,then with the use of such conversion factor, formula or table for converting the Consumer Price Index as may be published by any nationally recognized publisher of similar statistical information. If the Consumer Price Index ceases to be published and there is no successor thereto, such other reasonable index (i.e., such other government index or computation that gives substantially the same result as would be obtained if the Index had not been discontinued) shall be substituted for the Consumer Price Index, and if City and Tenant are unable to agree on a reasonable substitute index,then such matter shall be submitted to arbitration in accordance with the then existing commercial rules of arbitration of the American Arbitration Association at the American Arbitration Association office nearest the Premises. 3.3 Minimum Increase in Annual Adjustment. Notwithstanding the foregoing Section 3.2, the Monthly Rent shall increase on the Adjustment Date by a minimum of three and a -3- Site Name:Margarit Business Unit#:879871 half percent(3.5 %)of the amount of the Monthly Rent for the month immediately preceding the Adjustment Date. 3.4 One-Time Increase to Market. Prior to the commencement of the second Extended Term or at any time during the first year of the second Extended Term, City shall have the option to obtain an independent valuation of the Premises to determine an appropriate rent amount (the"Appraisal Option"). In the event City exercises the Appraisal Option,the City will notify Crown Castle, and an appraisal of the Premises shall be made by a professional independent real estate appraiser mutually selected by City and Tenant using the selection process described in Section 3.4 (a) ("Appraiser Selection Process"), at City's sole cost and expense. City may, in its sole and absolute discretion,elect to make use of the appraised value as the new rent,in lieu of the annual rent adjustment that would otherwise take effect pursuant to Sections 3.2 and 3.3. by notifying Tenant in writing of City's election. The increase shall take effect on the date the second Extended Term commences, regardless of the date of City's notice, and Tenant shall pay the increase retroactively in the event the notice is given after the date the second Extended Term commences. In no event shall the monthly rent decrease,nor shall it increase more than 10 percent (10%) of the most recent past rent amount. In the event City does not elect to make use of the appraised value as the new rent,the rent shall be increased pursuant to Sections 3.2 and 3.3. (a) The parties shall use the following Appraiser Selection Process:The Appraiser Selection Process begins when City submits the names of five(5)licensed independent real estate appraisers to Tenant. Tenant shall have fourteen(14)days from receipt of City's list to select three (3) appraisers from the list, numbering them No. 1, No. 2 and No. 3. The appraiser denoted No. 1 by Tenant shall serve as the mutually selected appraiser. In the event Tenant fails to select appraisers from the list, City shall have the right to designate the appraiser from the list. In the event the mutually selected appraiser refuses to serve or cannot guarantee the production of an appraisal within ninety days, appraisers No. 2 and No. 3 shall serve as the mutually selected appraiser,in that order. 3.5 Administrative Fee. For purposes of offsetting costs to City in negotiating and administering this Lease,within thirty(30)days after the Effective Date,Tenant shall pay City a one-time administrative fee in the amount of forty-eight thousand eight hundred ninety-four and 50/100 dollars ($48,894.50). In the event this Lease is terminated prior to the expiration of the Initial Term or any Extended Term,Tenant shall not be entitled to a refund or credit of all or any portion of the Administrative Fee. 3.6 Payment Location. Tenant shall make all rental payments due under this Lease payable to the City of Temecula as follows: City of Temecula 41000 Main Street Temecula, California 92590 Attn: Accounts Payable or at such other address or to such other persons as City may from time to time designate in writing at least thirty(30)days prior to any Monthly Rent payment date. -4- Site Name Margarit Business Unit tt:879871 3.7 Late Payment. Liquidated damages of five percent(5%) of any rent or any other required payment to City shall be paid by Tenant if such payment is not paid to City on or before the tenth(1061) day after the date on which it is due. The Parties hereby agree that such late charge represents a fair and reasonable estimate of the costs City will incur by reason of late payment by Tenant. In no event shall the late charge exceed the maximum allowable by Law. Acceptance of the late charge by City shall not constitute a waiver of Tenant's default with respect to the overdue amount, nor prevent City from exercising any of the other rights and remedies available to City. 4. USE: APPROVALS: REQUIRED IMPROVEMENTS. 4.1 The Leased Premises may be used by Tenant for Tenant's Wireless Telecommunications Facility (as defined below). The Conduit Easement Areas may be used by Tenant for underground utility connections to the Leased Premises. Subject to City's reasonable rules, the Access Easement Areas may be used by Tenant for reasonable physical access to the Leased Premises by Tenant's personnel and equipment, and Tenant's personnel may temporarily park vehicles on City's Property, as necessary and consistent with the authorized use of the Leased Premises. Tenant shall use the Premises as set forth in this Section 4.1 and only for the purpose of constructing, maintaining and operating Tenant's Wireless Telecommunications Facility, and for no other use("Permitted Use"). (a) "Wireless Telecommunications Facility" means those certain equipment and structures, such as antennas and microwave dishes, air-conditioned equipment shelters and/or base station equipment, cable, wiring,power sources (including emergency back- up battery),related equipment and structures,walls and fencing,and an antenna support structure, to the extent such equipment and structures are described and depicted in Exhibit E. Exhibit E also sets forth the overall dimensions and physical specifications of such equipment and structures (the"Specifications"). (b) Tenant shall not deviate from the Exhibit E Specifications in any manner without City's prior, written consent, which consent may be withheld in City's sole and absolute discretion, except as provided in Section 7. (c) Tenant installed the improvements described on Exhibit E at Tenant's sole cost and expense under the terms of the Original Lease. (d) Above ground or overhead utility wires, cables, conduits or pipes shall not be used to connect utilities across Property to Premises. (e) Any and all antennas,antenna support structure,and any portions of Tenant's Wireless Telecommunications Facility visible from any public place, shall be of a "stealth" design, utilizing natural colors, approved in writing, in advance, by City, and any antennas or other equipment attached to the antenna support structures shall not extend horizontally more than twelve (12) inches from the pole and shall not increase the height of the antenna support structure. City,in its proprietary capacity as a real property owner and the landlord or lessor under this Lease, hereby acknowledges and agrees that Tenant's existing Wireless Telecommunications Facility, as depicted in Exhibit E, meets the City's "stealth" design -5- Site Name:Margarit Business Unit#:879871 requirements set forth herein. Any approved stealth design shall include use of material colorings providing not less than twenty years of natural color fast quality. To ensure compliance with this requirement and in addition to maintenance requirements set forth in Section 11,below,not more than once every five (5) years, City may require Tenant to repaint or otherwise re-color the antennas, supporting structure, and any portions of Tenant's Wireless Telecommunications Facility visible from any public place,so as to match the original color(s),and to replace or repair any stealthing material that is missing,discolored,or otherwise in poor maintenance to its original quantity and quality. (f) Tenant shall provide a landscaping plan acceptable to City,and shall thereafter promptly install landscaping pursuant to the approved plan. 4.2 Prior to using the Premises for any Permitted Use, Tenant shall obtain and maintain all governmental licenses, permits, approvals or other relief required of Tenant by any Law or deemed necessary or appropriate by Tenant for its use of the Premises, including, without limitation, applications for zoning variances, zoning ordinances, amendments, conditional use permits, special use permits, and construction permits (collectively, "Governmental Approvals"), including, without limitation, all Governmental Approvals from City in its governmental capacity required by Law. Tenant agrees that this Lease does not exempt it from compliance with any Law. City shall bear no responsibility or liability under this Lease for Tenant's inability to make use of the Premises for failure to obtain or maintain any required Governmental Approval. Tenant shall be permitted to terminate this Lease upon sixty(60)days prior written notice to City that it is unable to use the Premises as a result of a change in Law or other circumstance resulting in the revocation or denial of any Governmental Approval required to operate the Premises for the Permitted Use (which notice shall provide reasonable evidence of such change in Law or other circumstances resulting in revocation or denial). 4.3 If requested by Tenant,and provided it will not subject City to any liability, City (as owner of the Premises) will reasonably cooperate in executing, at Tenant's sole cost and expense,all documents required by any governmental authority to be executed by the Owner of the Premises in connection with any development of,or construction on,the Premises that is permitted by the Lease, including documents necessary to petition the appropriate public bodies for any Governmental Approvals to utilize the Premises for the purpose of constructing, maintaining and operating a Wireless Telecommunications Facility. City agrees to be named applicant if required by the applicable governmental authority. 5. PERFORMANCE BOND. In order to secure the performance of its obligation under this Lease, Tenant shall provide the following security interest to City: 5.1 Performance Bond Required. Prior to the commencement of any construction on Premises, Tenant shall pay for and provide City with a performance bond, in substantially the form attached hereto as Exhibit F,and naming City as obligee in an amount equal to $30,000 (thirty thousand dollars) to guarantee and assure Tenant's faithful performance of Tenant's obligations under this Lease, including without limitation, removal obligations and payment of the Monthly Rent (the "Performance Bond"). The amount of the Performance Bond shall be increased by three (3) percent on the anniversary of the Effective Date, and on each anniversary thereafter. Such Performance Bond shall remain in effect until all of the following -6- Site Name:Margarit Business Unit#:879871 have first occurred: (i)this Lease has been terminated and(ii)Tenant has complied with all removal and restoration requirements set forth in Section 31 of this Lease. 5.2 City's Right to Draw on Bond. City shall have the right to draw on the Performance Bond in the event of default by Tenant or in the event Tenant fails to meet and fully perform any of its obligations under this Lease. 5.3 Restoration of the Bond. Tenant must deposit a sum of money or a replacement instrument sufficient to restore the Performance Bond to its original amount within thirty (30) days after notice from City that any amount has been recovered from the Performance Bond. Failure to restore the bond to its full amount within thirty(30)days will constitute a breach of a material condition of this Lease. 6. COMPLIANCE WITH LAWS. Tenant agrees to comply with all Laws in the exercise of its rights and performance of its obligations under this Lease. "Laws" or "Law" as used in this Lease means any and all statutes, constitutions, ordinances, resolutions, regulations, judicial decisions, rules, tariffs, administrative orders, certificates, orders, directives,judgments, decrees,permits,approvals or other applicable requirements of City or other governmental entity or agency having joint or several jurisdiction over the Parties, the Premises, the operations of Tenant on the Premises or having jurisdiction that is applicable to any aspect of this Lease (including, without limitation, Federal Communications Commission (FCC) Radio Frequency (RF)sign posting requirements,and Federal Communications Commission regulations relating to RF emissions) that are in force on the Effective Date and as they may be enacted, issued or amended during the Lease Term. City shall be entitled to conduct its own testing and/or not more than once per year,require Tenant to employ the services of an independent RF Engineer to test RF emission levels attributable to the Wireless Telecommunications Facility and to certify Tenant's compliance with this Section 6. 7. ALTERATIONS AND IMPROVEMENTS. No other alterations, additions or changes shall be made to the Premises unless and until Tenant first obtains City's written approval of such, which approval may be withheld by City in City's sole and absolute discretion;however, City's consent shall not be required for equipment repairs or for replacements with equipment that is of a "like kind" (i.e., substantially the same), provided that in the case of replacements, City receives at least ten (10) days' prior written notice of such replacements together with a written explanation as to how the replacements are "like kind" and provided, further, that such replacements shall not increase any overall dimension of the Wireless Telecommunications Facility and no additional cabinets, antennas or other additions or expansions shall be permitted. The foregoing shall not affect the obligation of Tenant to obtain Governmental Approvals from City in its governmental capacity,if required under applicable Laws. 8. CONDITIONS OF CONSTRUCTION FOR ALTERATIONS AND IMPROVEMENTS. 8.1 All work by Tenant on the Premises shall comply with such reasonable rules as City may promulgate in writing from time to time and of which Tenant is provided notice. -7- Site Name:Margarit Business Unit#:879871 8.2 Once any construction and installation work has begun, Tenant shall prosecute all construction and installation to completion with diligence. 8.3 All work on the Premises shall be performed in a good and workmanlike manner, shall substantially comply with the plans and specifications submitted to City and shall comply with all applicable Laws. Tenant shall pay for all costs and expenses associated with construction and installation done by Tenant,or on behalf of Tenant, on the Premises as permitted or required by this Lease. 9. SIGNS. Except for signs required to be placed on the Premises under applicable Laws, Tenant shall not,without City's prior written approval,install or affix any lighting fixtures, shades, awnings, or decorations (including, without limitation, exterior painting), advertising signs, other signs, lettering, placards or the like on the improvements made by Tenant, the Premises,or the Property. 10. UTILITIES AND SERVICES. Tenant shall make all arrangements for and directly pay for all utilities and services furnished to or used by it,including,without limitation,electricity, gas, water and telephone service (if any), and for all connection charges. Tenant shall install, at Tenant's sole cost and expense, a separate meter for each utility it utilizes. 10.1 If there is a loss of electrical service at the Premises due to an emergency or other circumstances beyond the control of Tenant,Tenant may,at its expense,and with City's prior written consent, install and maintain a temporary transportable power generator and related transportable fuel storage tank at the Premises or on Property adjacent to the Premises as depicted on Exhibit G for a period not to exceed thirty (30) days, provided Tenant complies with all applicable Laws and obtains all required Governmental Approvals. 11. MAINTENANCE. 11.1 Tenant,at its sole cost and expense,shall at all times maintain in good order, condition, cleanliness, and repair, reasonable wear and tear excepted, any improvements made by Tenant pursuant to this Lease, and the Premises and every part of the Premises, including, without limitation,all electrical facilities,and all equipment within the Premises. If Tenant fails to promptly make repairs or maintain any improvements or landscaping, City shall have the right to do so and Tenant shall pay the reasonable cost and expenses thereof within ten(10)days after written demand as additional rent. All maintenance work by Tenant on the Premises shall comply with such reasonable rules as City may promulgate in writing from time to time regarding construction and maintenance in or on the applicable Property and of which Tenant is provided written notice. Without limiting other reasonable rules, Tenant acknowledges and agrees that a rule prohibiting non-emergency work during the hours from 9:00 P.M. until 8:00 A.M. is reasonable;provided that Tenant shall have reasonable access to the Premises for non-emergency work at all other times, provided, however, Tenant may temporarily be denied access to Easement Areas (i) while City makes repairs to or constructs improvements on the Property; (ii) in the event of circumstances beyond City's control that interfere with access; or(iii)when City events or special events held on the Property temporarily prevent access. In the event City temporarily interferes with Access Easement Areas while City makes repairs to or constructs improvements on the Property,or holds -8- Site Name:Margarit Business Unit#:879871 events or special events on the Property that temporarily prevent use of the Access Easement Areas, City shall endeavor to provide alternative access for emergency work. 11.2 Notwithstanding any other provision of this Lease, if Tenant's Wireless Telecommunications Facility creates a substantial risk of harm to persons or property, City may without notice,perform such work as City deems necessary to reduce or mitigate such risk of harm. In such event,Tenant shall pay the reasonable cost and expenses thereof within ten(10)days after written demand as additional rent. Failure on the part of City to perform the obligations of Tenant shall not release Tenant from liability under this Lease for any loss or damage occasioned by City's failure to perform Tenant's obligations. 11.3 At Tenant's sole cost and expense, and after obtaining all Governmental Approvals, Tenant shall construct and maintain a drive approach, constructed of a material approved by City,from City's parking lot to Tenant's main equipment area enclosure,as depicted on Exhibit D within one(1)year of the Effective Date. 12. LIENS. Tenant shall timely pay for all work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall defend and indemnify"Indemnitees" (as defined below) against all losses, liabilities, claims, costs and expenses incurred by City and arising out of work performed on the Premises by Tenant, or its employees, agents, servants or contractors, together with reasonable attorneys' fees and all costs and expenses reasonably incurred by City in negotiating, settling,defending or otherwise protecting against such claims. 13. PROHIBITED USES;INTERFERENCE. 13.1 Tenant shall use the Premises in a manner which does not create a danger to, or interfere with, the Property or any use or occupancy of the Property by City,the public, or any other licensee or lessee whose use or occupancy of the Property predates that of Tenant under the Original Lease. 13.2 Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Property,or cause a cancellation of any insurance policy covering the Property or any part of the Property or any of its contents;provided that nothing in this Section 132 shall limit Tenant's use of the Premises as a Wireless Telecommunications Facility. 13.3 Tenant shall not cause, maintain or permit any nuisance in, on or about the Property. Tenant shall not commit or allow to be committed any waste in or upon the Premises. 13.4 Tenant shall not install on the Premises equipment of the type and frequency which will cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of other tenants or users of the Property which existed on the Property prior to the Execution Date or to any equipment of City regardless of location. In the event Tenant desires to add additional equipment to the Premises, after obtaining City's written approval pursuant to Section 7,such additional equipment shall not cause harmful interference with equipment then-existing as of the date of installation of other tenants or users of the Property, or any equipment of City regardless of location. -9- Site Name:Margarit Business Unit#:879871 13.5 Tenant has previously conducted radio interference testing and resolved any interference caused by Tenant's Wireless Telecommunications Facility to equipment of other tenants or users of the Property,or to equipment of City regardless of location. Tenant shall resolve any radio interference caused by Tenant's Wireless Telecommunications Facility to equipment of any other tenants or users of Property existing as of the Effective Date, or to equipment of City regardless of location, and shall work in good faith to correct radio interference problems experienced by subsequent tenants or users of Property. City shall not allow any installation of equipment on the Property of the type and frequency which will cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of Tenant or users of the Leased Premises then existing on the Leased Premises as of the date of the proposed installation. At City's option, City may submit a list of equipment to Tenant that City proposes to install on the Property. Tenant shall have thirty (30) days to review the list and provide written findings regarding any foreseeable interference, along with Tenant's recommendations for preventing such interference. Tenant's failure to review and comment on the proposed installation within thirty(30)days,or Tenant's finding that the equipment will not cause harmful interference, shall relieve City of any further obligations under this Section 13.5. 13.6 In the event any modification to Tenant's Wireless Telecommunications Facility occurring after the date of this Lease causes interference to equipment of other tenants or users of the Property, or to equipment of City regardless of location, then after City has notified Tenant in writing of such interference,Tenant will promptly take all steps necessary to correct and eliminate the interference, including, without limitation, at Tenant's option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will City be entitled to terminate this Lease or relocate the equipment as long as Tenant is making a good faith effort to remedy the interference issue. 13.7 The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Section 13 and therefore, either Party shall have the right to equitable remedies,such as, without limitation, injunctive relief and specific performance. 14. ASSIGNMENT AND SUBLETTING. 14.1 Tenant shall not, either voluntarily or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease or any interest herein, or any right or privilege appurtenant to this Lease, or sublet all or any portion of the Premises, or allow any other person (the employees, agents, servants and contractors of Tenant excepted) to occupy or use the Premises,or any portion thereof,without first obtaining the consent of City,which consent may be withheld in City's sole and absolute discretion. 14.2 Notwithstanding the foregoing, City consent shall not be required if all of the following conditions are satisfied: (a) City receives prior written notice of the applicable transaction together with written evidence that the transaction is one of the transactions described in the following clause(b)such that City's consent is not required. (b) Either: -10- Site Name:Margam Business Unit#:879871 (i) The assignment is made as partial security for financing of the equipment to be installed in the Premises,provided that no security interest shall attach to the Premises or Property; or (ii) The proposed assignee is (i) a corporation or partnership (a "Parent")having,directly or indirectly,a majority(51%)or greater ownership interest in Tenant, (ii) a corporation or other entity with which Tenant and/or any Parent may merge or consolidate, (iii) a purchaser of substantially all of the outstanding ownership units or assets of Tenant and/or any Parent, and/or(iv) any transferee of Tenant's Federal Communications Commission cellular license in the market defined by the FCC in which the Property is located. 14.3 City's consent to one assignment,subletting,occupation or use by any other person shall not be deemed to be a consent to any subsequent assignment,subletting,occupation or use by another person. Neither City's consent to any subletting or assignment,or any subletting or assignment not requiring consent, shall release Tenant from liability under this Lease, however, upon an assignment of the Lease, City agrees to release Tenant from liability under this Lease provided the City is reasonably satisfied that the assignee is capable, including financially, of performing all of Tenant's obligations in this Lease,and the assignee enters into a written agreement assuming these obligations in a form reasonably acceptable to City and a copy of such executed assumption is delivered to City. City's consent to an assignment of this Lease by Tenant shall not be unreasonably withheld, conditioned or delayed; provided, however, it shall be reasonable for City to withhold consent if the assignment or assignee does not qualify for a release of Tenant from liability. In the event of an assignment or transfer,Tenant shall not be released from its obligations in this Lease unless a release is given in writing by City. Any assignment,sublease or transfer shall be subject to all of the terms,covenants and conditions of this Lease and the assignee, sublessee or transferee shall expressly assume for the benefit of City the obligations of Tenant under this Lease by a document reasonably satisfactory to City. 14.4 Any assignment or subletting in violation of this Section 14 shall be void, and shall, at the option of City, constitute a default under this Lease. If City consents to Tenant subletting any portion of the Premises,or allows any other person(the employees,agents,servants and contractors of Tenant excepted) at Tenant's request to occupy or use the Premises, City shall be entitled to receive additional rent,as to each subtenant, occupant, and/or user. 15. INDEMNIFICATION. 15.1 Tenant shall defend, indemnify, protect and hold harmless City, Temecula Community Services District("District"),and City's elected and appointed City Council members, and each of City's, and each of District's, boards, commissions, officers, officials, agents, consultants, employees and volunteers(collectively, "Indemnitees") from and against any and all claims, suits, damages, actions, losses, liabilities, judgments, proceedings, settlements, fines, penalties, liens, stop notices, regulatory actions, administrative actions, costs and expenses (including, without limitation, interest, attorneys' fees, and expert fees), or causes of action or demands whatsoever against any Indemnitee, including, without limitation, any injury to or death of any person or damage to property or other liability of any nature("Claims")to the extent arising out of,resulting from, or in any way related to Tenant's use of the Premises or from the conduct of its business or from any activity,work or other things done or suffered by Tenant,or its employees, -11- Site Name:Margarit Business Unit#:879871 agents, servants,contractors,or sub-tenants, in or about the Premises or Property;and shall further indemnify and hold harmless Indemnitees from and against any and all Claims to the extent arising out of, resulting from, or in any way related to any breach or default in the performance of any obligations on Tenant's part to be performed under the terms of this Lease,or to the extent arising out of, resulting from, or in any way related to any act, omission or negligence of Tenant, or any officer, agent, contractor, employee, servant, sub-tenant, guest or invitee of Tenant. Tenant shall not be required to indemnify the Indemnitees to the extent caused by the negligence or willful misconduct of City and the Indemnitees. 15.2 If any action or proceeding is brought against Indemnitees by reason of any such Claim, Tenant, upon notice from Indemnitees, shall defend Indemnitees at Tenant's expense by counsel reasonably satisfactory to Indemnitees. City shall have the option of coordinating the defense,including,without limitation,choosing counsel for the defense at Tenant's expense. 15.3 Tenant, as a material part of the consideration to City, hereby assumes all risk of damage to property or injury to persons in,upon or about the Premises, from any cause that is a result,either directly or indirectly, of Tenant's use of the Premises;and Tenant hereby waives all Claims in respect thereof against Indemnitees,except to the extent caused by the negligence or willful misconduct of City or the Indemnitees. 15.4 Tenant shall give prompt notice to City in case of casualty or accidents in the Premises. Indemnitees shall not be liable for any loss or damage to persons or property resulting from fire, explosion, earthquake, flood, falling plaster, steam, gas, electricity, water, or any other cause whatsoever. Tenant expressly bears all risk of loss or damage of Tenant's Wireless Telecommunications Facility located, attached or installed on or in the Premises, and any other property of Tenant that is present on the Property or the Premises, including, without limitation, vehicles, tools, equipment and materials, except to the extent caused by the gross negligence or intentional misconduct of Indemnitees. Indemnitees shall not be liable for interference with the light,air,or for any latent defect in the Premises. 15.5 THE PROVISIONS OF THIS SECTION 15 SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. 16. ENVIRONMENTAL LIABILITY. 16.1 Except as described in the last paragraph of this Section 16, Tenant shall not cause or permit any"Hazardous Substances" (as defined below) to be used, stored, generated or disposed of,on or in the Property by Tenant,Tenant's agents,employees,servants or contractors without first obtaining City's written consent. 16.2 If Hazardous Substances are used, stored, generated or disposed of on or in the Premises(including as described in the last paragraph of this Section 16),or if Property becomes contaminated in any manner for which Tenant is legally liable, Tenant shall indemnify and hold harmless Indemnitees from any and all Claims (including, without limitation, a decrease in value of such Property,damages caused by loss or restriction of rentable or usable space,or any damages caused by adverse impact on marketing of the space, and any and all sums paid for settlement of claims, reasonable attorneys', consultant, and expert fees) arising during or after the term of this -12- Site Name:Margarit Business Unit#:879871 Lease and to the extent arising as a result of that contamination,except to the extent caused by City or City's agents, employees or contractors. This indemnification includes, without limitation, any and all reasonable costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Property which results in contamination, Tenant shall promptly, at Tenant's sole cost and expense, take any and all necessary actions to return the applicable Property to the condition existing prior to the presence of any such Hazardous Substance on the Property or as close as reasonably possible to such prior condition and in any event, to a condition which complies with Law and requires no further action or remediation. Tenant shall first obtain City's approval for any such remedial action, which City agrees not to unreasonably withhold, condition or delay. The provisions of this Section 16 shall be in addition to, and does not limit, the obligations set forth in Section 15 and Section 17 of this Lease,or other obligations and liabilities Tenant may have to City at law or equity and shall survive the expiration or the termination of this Lease. 16.3 For purposes of this Lease, the term "Hazardous Substance" means any substance, chemical, pollutant or waste that is hazardous, toxic, dangerous, ignitable, reactive or corrosive and that is regulated by any local government,the State of California,or the United States Government. "Hazardous Substance" also includes, without limitation, any and all materials or substances that are defined by Law as "hazardous waste," "extremely hazardous waste" or a "hazardous substance." "Hazardous Substance" also includes, but is not limited to, asbestos, polychlorobiphenyls and oil,petroleum and their by-products. 16.4 Notwithstanding anything to the contrary in this Section 16,City and Tenant acknowledge that Tenant shall be utilizing and maintaining on the Premises back-up power batteries (e.g.,lead-acid batteries),emergency temporary transportable power generators(in accordance with Section 10.1), and properly stored, reasonable quantities of fuel for the emergency temporary transportable power generators (in accordance with Section 10.1), and cleaning solvents (all in accordance with applicable Laws) and that the presence, use, maintenance and disposal of such items in accordance with applicable Laws shall not constitute a violation or breach of this Section 16. 17. INSURANCE. Tenant shall obtain and maintain at its sole cost and expense for the duration of this Lease insurance pursuant to the terms and conditions described in this Section 17. 17.1 Minimum Insurance. Tenant shall at all times during the term of this Lease carry, maintain,and keep in full force and effect, insurance as follows: (a) General Liability. A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Three Million Dollars($3,000,000)combined single limit per occurrence for any injury to persons, death, loss and/or damage to property in or about the Premises by reason of the use and occupation by Tenant or by any other person or persons of the Premises. 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. Not more frequently than once each three years, if, in the reasonable opinion of the insurance broker or consultant retained -13- Site Name:Margarit Business Unit#:879871 by City,the amount of commercial general liability insurance coverage at that time is not adequate, Tenant shall increase the insurance coverage as required by City's insurance broker or consultant. (b) Automobile Liability. A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of$1,000,000 combined single limit per accident for bodily injury and property damage covering any vehicle utilized by Applicant in performing the work covered by this Lease. (c) Workers' Compensation and Employer's Liability. Workers' compensation limits as required by the Labor Code,and Employer's Liability limits of$1,000,000 per accident. (d) Fire. Tenant shall, at Tenant's sole cost and expense, obtain and at all times during the term hereof maintain in effect, insurance covering: (a)the improvements to the Premises made by or on behalf of Tenant, at Tenant's expense under this Lease; (b) fixtures, furnishings,and equipment located on the Premises;and(c)all alterations,additions,and changes made in or to the Premises during the term of this Lease at Tenant's expense,providing protection to the extent of not less than the insurable value of all such items against any peril included under insurance industry practices in the jurisdiction of the Premises within the classification"fire and extended coverage,"together with insurance against vandalism,malicious mischief,and sprinkler leakage or other sprinkler damage. Tenant hereby waives and releases any and all rights of action for negligence against City which may hereafter arise on account of damage to the Leased Premises or to the Property, resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with extended coverage,regardless of whether or not,or in what amounts,such insurance is now or hereafter carried by City, and such policies of insurance shall contain an appropriate provision recognizing this release by Tenant. 17.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions shall be commercially reasonable. 17.3 Other Insurance Provisions. The policies shall contain, or be endorsed to contain,the following provisions: (a) General Liability,Automobile Liability Coverage. (i) City, Temecula Community Services District, and City's elected and appointed City Council members, and each of City's, and each of District's, boards, commissions, officers, officials, agents, consultants, employees and volunteers shall be named as an additional insured on all required insurance policies, except for Workers' Compensation, Employer's Liability, fires and extended coverage policies. (ii) Tenant's insurance coverage shall be primary insurance as respects City, Temecula Community Services District, and City's elected and appointed City Council members, and each of City's, and each of District's, boards, commissions, officers, officials, agents, consultants, employees and volunteers. Any insurance or self-insurance maintained by City, Temecula Community Services District, City's elected and appointed City Council members, and each of City's, and each of District's, boards, commissions, officers, officials, employees, agents, consultants or volunteers shall be excess of Tenant's insurance and -14- Site Name:Margant Business Unit#:879871 shall not contribute with it. Tenant's policies of insurance concerning the Premises shall waive the insurer's right of subrogation against City. (iii) Any failure of Tenant to comply with reporting provisions of the policies shall not affect coverage provided to City,Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, City's elected and appointed City Council members, and each of City's, and each of District's, boards, commissions, officers, officials,agents, consultants, employees or volunteers. (iv) Tenant'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. Each insured,including an additional insured,is subject to all policy terms and conditions and has an obligation,as an additional insured,to report claims made against them to the insurance carrier. (b) Worker's Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against City,Temecula Community Services District, City's elected and appointed City Council members, and each of City's, and each of District's,boards,commissions,officers,officials, agents, consultants,employees and volunteers for losses arising from work performed by Tenant on the Premises and Property. (c) All Coverates. Each insurance policy required by this Section 17 shall be endorsed to state that coverage shall not be cancelled,except for non-payment of premium, before thirty(30) days' prior written notice has been given to City. Tenant agrees that it will not cancel or reduce such insurance coverage. In the event permittee's insurance required pursuant to this Section 17 is reduced or canceled for any reason,permittee shall notify City in writing within five(5)days of such reduction or cancellation. 17.4 Acceptability of Insurers. Insurance shall be placed with insurers with an A.M. Best's rating of no less than A-:VII. 17.5 Verification of Coverage. At all times during the term of this Lease and prior to taking possession of the Premises, Tenant shall furnish City with certificates of insurance and with copies of original policy endorsements effecting coverage required by this Section 17. The certificates for each insurance policy are to be signed by a person,either manually or electronically, authorized by that insurer to bind coverage on its behalf. All certificates and applicable endorsements are to be received and approved by City before work commences. City reserves the right to review all required insurance policies, at any time after providing a reasonable written notice to Tenant. NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY CONTAINED IN THIS LEASE, TENANT SHALL NOT HAVE THE RIGHT TO TAKE POSSESSION OF THE PREMISES UNTIL SUCH CERTIFICATE OR CERTIFICATES ARE FILED WITH THE CITY CLERK OF CITY. 17.6 Indemnification Not Limited. Any insurance required to be obtained and maintained by Tenant under this Lease shall not limit in any way Tenant's indemnification obligations under Section 15 and Section 16. -15- Site Name:Margarit Business Unit# 879871 17.7 Lapsed Insurance. Tenant agrees that if it does not keep such insurance in full force and effect, City may, after ten (10)days written notice to Tenant, take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed to be a part of the rental of the Premises in addition to the usual monthly rent and payable as such within ten(10) days after written demand from City, including reasonably supporting documentation. 17.8 In the event the Lease Term exceeds fifteen years, City shall have the right to increase the minimum insurance limits once after the fifteenth (15th) year by providing written notice to Tenant; provided,however, such increase shall be commercially reasonable. 17.9 Insurance Obligations for Secondary Parties. In the event Tenant hires any subcontractors, independent contractors or agents ("Secondary Parties") to locate, place, attach, install,operate,use, control,replace,repair or maintain the Wireless Telecommunications Facility in or about the Premises, Tenant shall require and cause the Secondary Parties to obtain and maintain the insurance and policy limits required by Section 17. It shall be Tenant's responsibility to ensure compliance with this Section 17.9. 18. Reserved. 19. RIGHT OF ACCESS. 19.1 City and City's officers, employees, consultants, and agents shall, upon not less than forty-eight(48) hours prior written notice to Tenant, except in the event of emergency in which case no prior notice shall be required(but City shall notify Tenant of such access as soon as possible thereafter), have at all reasonable times the right to enter the Premises for the purpose of inspecting the same,posting notices of non-responsibility or any other notices required by Law for the protection of City,doing any work that City is permitted or required to perform under this Lease, and making any reasonable maintenance or repairs to the Premises that City determines may be required; provided that Tenant shall be permitted to accompany City during any entry onto the Premises if Tenant makes someone available to do so. Any inspection of the Premises shall be performed while in the presence of a Tenant representative provided Tenant makes a Tenant representative available for that purpose. Tenant shall provide City with keys allowing access to any locked portions of the Premises;provided,however,that City shall not be permitted to use such keys to access the Premises except after giving the notice required by this Section 19 or unless in the event of an emergency. In conducting its activities on the Premises as allowed in this Section 19, City shall use good faith efforts to attempt to minimize the inconvenience, annoyance or disturbance to Tenant, but City shall not be liable therefor. Tenant shall not be entitled to an abatement or reduction of rent if City exercises any rights reserved in this Section 19. 19.2 Tenant shall provide to City, and maintain current, an emergency telephone number at which a live person is available twenty-four(24)hours per day, seven(7)days per week who is capable of causing an immediate response by Tenant in the case of an emergency. The initial emergency contact person is: Landowners Help Desk Phone Number: 866-482-8890 -16- Site Name:Margarit Business Unit#:879871 Site identifier Number: 879871 which may be changed by Tenant upon written notice to City. 20. TAXES AND ASSESSMENTS. 20.1 TENANT RECOGNIZES AND UNDERSTANDS THAT THIS LEASE MAY CREATE A POSSESSORY INTEREST SUBJECT TO TAXES LEVIED UPON SUCH INTEREST. Tenant shall pay or cause to be paid, before delinquency, any and all taxes and assessments levied and assessed against its interest in the Premises, upon all Tenant's leasehold improvements, equipment, furniture, fixtures, and any other personal property located in or on the Premises,or which may become a lien against the Tenant's interest in the Premises or its property. Tenant shall co-operate with the Riverside County Assessor in providing any information necessary for the Assessor to make a property tax determination. 20.2 If for any reason Tenant's Wireless Communications Facility is assessed for tax purposes as part of Property, Tenant shall reimburse City any increase in City's taxes attributable to the value or cost of Tenant's Wireless Communications Facility. Reimbursement shall be due thirty(30)days following Tenant's receipt of a written request and reasonable evidence of the increase. 21. RULES AND REGULATIONS. Tenant shall faithfully observe and comply with the rules and regulations that City shall from time to time promulgate and/or modify for the safety, care and cleanliness of the Property; provided that no rule or regulation shall prohibit use the Premises for a Wireless Telecommunications Facility. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant. If there is a conflict between the rules and regulations and any of the provisions of this Lease, the provisions of this Lease shall prevail. City shall make reasonable efforts to enforce the rules and regulations uniformly against all tenants at the Property; however, City shall not be responsible to Tenant for the nonperformance of any rules and regulations by any other lessees,occupants,members of the public,or any other users of the Property. 22. TENANT'S DEFAULT. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant: 22.1 Tenant's Wireless Telecommunications Facility ceases to provide wireless telecommunications services for one-hundred and eighty(180)or more consecutive days; 22.2 The failure by Tenant to make any payment of rent or any other payment required to be made by Tenant hereunder, as and when due,where such failure shall continue for a period of five (5)business days after written notice thereof is given to Tenant by City; 22.3 The failure by Tenant to observe or perform any of the covenants,conditions or provisions of this Lease to be observed or performed by Tenant, other than described in Section 22.2 above,where such failure shall continue for a period of thirty(30)days after City gives written notice of such failure to Tenant; provided, however, that if the nature of Tenant's default is such that more than thirty(30)days are reasonably required for its cure,then Tenant shall not be deemed -17- Site Name:Margarit Business Unit#:879871 to be in default if Tenant commences such cure within such thirty (30) day period and thereafter diligently prosecutes such cure to completion; or 22.4 The making by Tenant of any general assignment or general arrangement for the benefit of creditors;or unless prohibited by Bankruptcy Law or other paramount Law,the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt,or a petition or reorganization or arrangement under any Law relating to bankruptcy(unless, in the case of a petition filed against Tenant,the same is dismissed within sixty(60)days); or the appointment of a trustee or a receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within thirty (30) days; or the attachment,execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within thirty (30)days. 22.5 A violation of Section 14. 23. REMEDIES ON DEFAULT. 23.1 In the event of any such default or breach by Tenant, City may at any time thereafter, in its sole discretion, with or without notice or demand and without limiting City in the exercise of a right or remedy which City may have by reason of such default or breach,terminate Tenant's right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to City. Upon such termination, City shall be entitled to recover from the Tenant: (a) The worth at the time of award of the unpaid rent which had been earned at the time of termination;• (b) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that the Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the then current term after the time of award exceeds the amount of such rental loss that the Tenant proves could be reasonably avoided; and (d) Any other amount necessary to compensate City for all the detriment proximately caused by the Tenant's failure to perform its obligations under the lease or which in the ordinary course of things would be likely to result therefrom. 23.2 The "worth at the time of award" of the amounts referred to in paragraphs (a) and (b) of Section 23.1 is computed by allowing interest at the lesser of ten(10%) percent per annum or the maximum rate permitted by Law. The worth at the time of award of the amount referred to in paragraph(c)of Section 23.1 is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one(1%)percent. 24. DEFAULT BY CITY. City shall not be in default unless City fails to perform obligations required of City within thirty (30) days after Tenant gives City written notice -18- Site Name:Margarit Business Unit#:879871 specifying wherein City has failed to perform such obligation;provided,however,that if the nature of City's obligation is such that more than thirty(30)days are required for performance then City shall not be in default if City commences performance within such thirty (30) day period and thereafter prosecutes the same to completion in good faith. 25. LIMITATION OF CITY'S LIABILITY. In no event shall City be liable to Tenant or any of Tenant's officers,partners,affiliates,subsidiaries,customers,lessees,tenants,sublessees, subtenants, assignees, agents, representatives, contractors, servants, or employees for any lost revenue, lost profits, anticipated profits, penalties of any kind or description, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, or monetary damages of any kind, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. 26. RECONSTRUCTION. In the event Tenant's improvements on the Premises, or the Premises,are damaged by fire or other perils,Tenant shall promptly repair and restore Tenant's wireless Telecommunications Facility,or alternatively,Tenant shall have the option to give notice to City at any time within sixty(60)days after such damage,terminating this Lease as of the date specified in such notice(which date shall be no more than thirty(30)days after the giving of such notice). In the event of giving such notice,this Lease shall expire and all interest of Tenant in the Premises shall terminate on the date so specified in such notice. 27. EMINENT DOMAIN. If all of the Premises shall be taken or appropriated by any authority under the power of eminent domain,this Lease shall terminate upon such taking. If only a portion of the Premises shall be taken,Tenant shall have the right,at its option,within sixty(60) days after such taking, to terminate this Lease upon ninety (90) days' notice. If Tenant does not elect to terminate as herein provided,the rent thereafter to be paid shall be equitably reduced. In the event of any taking or appropriation whatsoever, City shall be entitled to any and all awards and/or settlements that may be given (other than Tenant's separate awards for the taking as set forth below), and Tenant shall have no claim against City for the value of any unexpired term of this Lease. Nothing herein shall limit Tenant's legal right to prosecute a separate claim in the condemnation proceeding for any relocation award to which it may be entitled or for any improvement,trade fixtures or other fixtures which Tenant is entitled to remove at the termination of the Lease and which are subject to the taking, for the unamortized cost of any improvements paid for by Tenant and for any relocation or other business disruption loss Tenant incurs as a result of such taking. 28. NOTICE. Except as otherwise required by Law, any notice, request, direction, demand, consent, waiver, approval or other communication required or permitted to be given hereunder shall not be effective unless it is given in writing and shall be delivered (a) in person, (b) by certified mail, postage prepaid, return receipt requested, or(c) by a commercial overnight courier that guarantees next day delivery and provides a receipt,and addressed to the Parties at the addresses stated below, or at such other address as either Party may hereafter notify the other in writing as aforementioned: Tenant: STC One LLC c/o Crown Castle USA Inc. -19- Site Name:Margarit Business Unit#:879871 Attn: Legal Department—Real Estate 2000 Corporate Drive Canonsburg,PA 15317 City: City of Temecula 41000 Main Street Temecula,California 92590 Attention: City Manager with a copy to: Richards, Watson&Gershon,P.C. 355 South Grand Avenue,40th Floor Los Angeles,California 90071-3101 Attention: Peter M. Thorson,City Attorney Service of any such notice or other communications so made shall be deemed effective on the day of actual delivery(whether accepted or refused),as shown by the addressee's return receipt if by certified mail,and as confirmed by the courier service if by courier;provided, however,that if such actual delivery occurs after 5:00 p.m.(local time where received)or on a non-business day, then such notice or demand so made shall be deemed effective on the first business day following the day of actual delivery. No communications via facsimile or electronic mail shall be effective to give any notice, request, direction,demand,consent,waiver, approval or other communications under this Lease. 29. SUCCESSORS. Each and every one of the terms,covenants,and conditions of this Lease shall inure to the benefit of and shall bind,as the case may be,not only the Parties,but each and every one of the heirs,executors,administrators,successors,assigns, and legal representatives of the Parties;Qrovided, however,that any subletting or assignment by Tenant of the whole or any part of the Premises or any interest therein shall be subject to the provisions of Section 14. 30. HOLDING OVER. If Tenant, with City's written consent, remains in possession of the Premises after expiration or termination of the Lease Term,such possession by Tenant shall be deemed to be a month-to-month tenancy, terminable on thirty (30) days' notice given at any time by either Party,at a monthly rental equal to one hundred fifty percent(150%)of the Monthly Rent in effect immediately prior to expiration or termination. All provisions of this Lease except those pertaining to rent and term shall apply to the month-to-month tenancy. 31. SURRENDER. City agrees and acknowledges that all of the Wireless Telecommunication Facility, including, without limitation, antenna structures (except footings), equipment,conduits, fixtures and personal property of Tenant installed or placed by Tenant in the Premises shall remain the property of Tenant ("Tenant's Property"), and Tenant shall have the right to remove Tenant's Property at any time during the term of this Lease, whether or not such items are considered fixtures and attachments to real property under applicable Laws, provided that Tenant promptly repairs any damage caused by or related to such removal. Upon the expiration or within ninety (90) days after the earlier termination of the term of this Lease -20- Site Name:Margarit Business Unit N:879871 ("Removal Period"),Tenant shall surrender the Premises to City in the same condition as received at the start of the Original Lease,with all hardscape,landscape and irrigation restored,reasonable wear and tear excepted, and with the Tenant's Property removed and all damage caused thereby, or related thereto, repaired, and any foundation removed down to two feet below grade level. If such Removal Period causes Tenant to remain on the Premises after expiration or earlier termination of this Lease,the provisions of Section 30 shall apply until such time as the removal of the Wireless Telecommunications Facility is completed. If improvements or equipment remain after the Removal Period ends, City may remove and dispose of such improvements, equipment, or both, without liability to Tenant, and repair the Premises. Tenant shall reimburse City for such removal,disposal,and repair within ten(10)days after written demand from City. The obligations set forth in this Section 31 shall survive the expiration or earlier termination of this Lease. 32. ESTOPPEL. Each Party shall deliver to the other, at its request, an estoppel certificate in a form reasonably satisfactory to the requesting Party stating that this Lease is in full force and effect,that the requesting Party is not in default hereunder,except as otherwise specified, the monthly rent then payable,and the dates to which rent has been paid. 33. BROKERS. Each Party represents that it has not had dealings with any real estate broker, finder or other person performing the functions of a broker or finder, with respect to this Lease in any manner. Each Party(an"Indemnifying Party") shall hold harmless the other Party from all damages resulting from any claims that may be asserted against the other Party by any broker,finder or other person with whom the Indemnifying Party has or purportedly has dealt. 34. RELOCATION. Relocation. Commencing at the end of the second Extended Term, in the event that City determines in good faith that the Premises are needed by City for public purposes,City shall have the one-time right to require the relocation of Tenant's Facilities, or any part thereof, to an alternate ground location provided that (i) the relocation shall be performed exclusively by Tenant or its agents at Tenant's sole cost and expense during the Relocation Period, as defined below, (ii) the relocation shall not result in any interruption of the communications services provided by Tenant to its customers, including, but not limited to, Tenant's continuous access,maintenance and operation of Tenant's Facilities,until such time that all tenants, subtenants and sublicensees that have been permitted by this Lease are successfully relocated, and (iii) the relocation shall not impair, or in any manner alter, the quality of communications services provided by Tenant to its customers on and from the Relocation Site as defined below. 34.1 Relocation Process. To exercise the relocation rights, City shall provide written notice to Tenant any time after the end of the second Extended Term, but not less than twelve(12)months prior to the date City desires the relocation to be completed,and in such notice City shall propose an alternate site to which Tenant may relocate the Tenant Facilities("Alternate Site Location"). Tenant shall have forty-five (45) days from the date of the notice to evaluate the Alternate Site Location, including, but not limited to, conducting tests to determine the technological feasibility of the Alternate Site Location and obtaining written approval of all wireless telecommunications providers on the Premises that have been permitted by this Lease. If Tenant fails to approve the Alternate Site Location in writing within said forty-five(45)day period,Tenant will be deemed to have disapproved such Alternate Site Location. If Tenant disapproves such Alternate Site Location, City may, but is not required to, propose another Alternate Site Location -21- Site Name:Margant Business Unit#:879871 by providing notice to Tenant in the manner set forth above. Upon Tenant's approval of any proposed Alternate Site Location, Section 34(iii) shall be deemed satisfied, and both parties will enter into a written amendment to this Agreement substituting the Alternate Site Location ("Relocation Site") for the Leased Premises, along with conforming changes to the Conduit Easement Areas and the Access Easement Areas, if necessary, and allowing Tenant to temporarily use and occupy both the current Premises and the Relocation Site during the Relocation Period. City shall undertake good faith efforts to provide an Alternate Site Location acceptable to Tenant. If City determines that no Alternate Site Location is available, if Tenant does not approve an Alternate Site Location proposed by City, if Tenant does not promptly file applications for all required Governmental Approvals for the Tenant-approved Alternate Site Location and diligently pursue same to approval, or if the written amendment substituting the Relocation Site for the Premises is not entered into by the Parties within forty-five(45)days following Tenant's approval of an Alternative Site Location,City may,upon ninety(90)days' written notice in accordance with the notice requirements set forth in Section 28 of the Lease,terminate the Lease. 34.2 Relocation Period. The "Relocation Period" shall mean that period of time commencing on the date Tenant has received all required permits and approvals for the Relocation Site and ending ninety(90)days thereafter. The relocation of Tenant's Facilities to the Relocation Site shall be substantially completed within the Relocation Period,to the extent reasonably feasible. The then-current Rent shall be reduced by fifty percent(50%)during the ninety(90)day Relocation Period_ 35. GENERAL PROVISIONS. 35.1 Exhibits. All Exhibits referenced in this Lease are incorporated as though set forth in full in this Lease. 35.2 Waiver. The waiver by City or Tenant of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition contained in this Lease. The subsequent acceptance of rent under this Lease by City shall not be deemed to be a waiver of any preceding default by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular rental so accepted, regardless of City's knowledge of such preceding default at the time of the acceptance of such rent. 35.3 Modification. Any modification or amendment to this Lease shall be of no force and effect unless it is in writing and signed by the Parties or their respective successors in interest. 35.4 Joint Oblieation. If more than one person or entity comprises Tenant, the obligations hereunder imposed shall be joint and several as to each such person or entity. 35.5 Construction: Captions. The Parties agree that this Lease is the project of joint draftsmanship and that should any of the terms be determined by a court, or in any type of quasi-judicial or other proceeding, to be vague, ambiguous and/or unintelligible, that the same sentences,phrases, clauses or other wording or language of any kind shall not be construed against the drafting party in accordance with California Civil Code Section 1654, and that each Party to -22- Site Name:Margarit Business Unit# 879871 this Agreement waives the effect of such statute. The captions and section titles to the sections of this Lease are not a part of the Lease and shall have no effect upon the construction or interpretation of any part of this Lease. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. 35.6 Time. Time is of the essence with respect to the performance of this Lease and each and all of its provisions in which time is a factor. 35.7 Prior Agreements; Effective Agreement. This Lease contains all of the agreements of the Parties with respect to the subject matter covered by in this Lease. All prior and contemporaneous agreements,representations,negotiations,and understandings of the Parties,oral or written,relating to the subject matter covered by this Lease,are merged into and superseded by this Lease. This Lease shall not be effective or binding on any Party until approved by the City Council of the City of Temecula and fully executed by both Parties. 35.8 Inability to Perform; Force Majeure. The time stated in this Lease for the performance of any act(other than the payment of money)by either Party shall be extended for the period of time that the Party shall be delayed or prevented from performing by reason of strikes, acts of nature, or any causes beyond the reasonable control of the Party claiming the extension (excluding inability to make payments),provided that the Party claiming the extension has notified the other of such delay or prevention within fifteen (15) days of the inception thereof, and has thereafter notified the other Party of the status of such delay or prevention not less often than once every fifteen(15)days. 35.9 Partial Invalidity. Any provision of this Lease which shall be held by a court of competent jurisdiction to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision hereof and such other provisions shall remain in full force and effect;provided, however, in the event a court of competent jurisdiction in a final judicial action determines that the provisions providing for the payment of Monthly Rent is invalid, void, or illegal, City in its sole and absolute judgment may, within one-hundred and twenty (120) days of such decision, unilaterally terminate this Lease by written notice to Tenant. 35.10 Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall,whenever possible,be cumulative with all other remedies at law or in equity. 35.11 Governing Law and Venue. This Lease shall be interpreted and enforced according to, and the Parties rights and obligations, including any non-contractual claims, shall be governed by the domestic law of the State of California,without regard to its laws regarding choice of applicable law. Any proceeding or action to enforce this Lease shall occur in the federal court with jurisdiction over Riverside County and the state courts located in Riverside County,California. 35.12 Attorneys' Fees. If legal action is brought by either Party because of a breach of this Lease or to enforce a provision of this Lease, the prevailing party is entitled to recover reasonable attorneys' fees and court costs. 35.13 Survival of Terms. All of the terms and conditions in this Lease related to payment, removal due to termination or expiration, insurance, indemnification, hazardous -23- Site Name:Margarit Business Unit#:879871 substances, limits of City's liability, attorneys' fees and waiver shall survive expiration or earlier termination of this Lease. 35.14 Authority of Tenant. If Tenant is a limited liability company,each individual executing this Lease on behalf of such limited liability company represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of such limited liability company, in accordance with the formation and organizational documents of such limited liability company,and that this Lease is binding upon such limited liability company. 35.15 City's Approvals. Neither City's execution of this Lease nor any consent or approval given by City hereunder in its capacity as City shall waive, abridge, impair or otherwise affect City's powers and duties as a governmental body. Any requirements under this Lease that Tenant obtain consents or approvals of City are in addition to and not in lieu of any requirements of law that Tenant obtain governmental approvals or permits. (a) The City Manager shall have the authority,but not the obligation,to give all consents and approvals on behalf of City. 35.16 No Third Party Beneficiaries. The Parties shall not be obligated or liable under this Lease to any Party other than each other. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 35.17 Memorandum of Lease. Concurrently with its execution and delivery of this Lease, Tenant shall also execute and deliver to City a memorandum of lease in the form attached hereto as Exhibit H (duly acknowledged by a notary) which City may then execute and record. Upon the expiration or termination of this Lease Tenant shall, immediately on City's request, execute and deliver to City a quitclaim deed to the Premises, in recordable form, designating City as transferee. -24- Site Name:Margarit Business Unit#.879871 IN WITNESS WHEREOF,the Parties hereto have executed this Lease as of the date first above written. CITY: CITY OF TEMECULA, a California municipal corporation By: Matt Rahn Mayor ATTEST: Randi Johl City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney TENANT: STC ONE LLC,a Delaware limited liability company,registered in California as Tower Company One LLC By: Global Signal Acquisitions III LLC,a Delaware limited liability company Its: Attorney In Fact By: d Name Lisa A. Sed ck Title Senior Transaction Manager REMINDER: Tenant must provide evidence of authorization acceptable to the City setting forth number of signers required on behalf of Tenant and the names of authorized signers for Tenant. -25- Site Name:Margarit Business Unit#:879871 EXHIBIT A DESCRIPTION OF PROPERTY A PARCEL OF LAND LOCATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, WITH NO SITUS ADDRESS, CURRENTLY OWNED BY CITY OF TEMECULA HAVING A TAX ASSESSOR NUMBER OF 959-390- 002 AND BEING THE SAME PROPERTY MORE FULLY DESCRIBED AS 10.94 ACRES M/L IN POR PARS 2& 3 PM 159/038 PM 23432. Site Name:Margarit Business Unit#:879871 EXHIBIT B DESCRIPTION OF LEASED PREMISES SITUATED IN THE CITY OF TEMECULA,COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,BEING A PORTION OF PARCEL 3 OF PARCEL MAP NO. 23432 RECORDED IN BOOK 159 OF PARCEL MAPS,PAGES 38 THROUGH 61,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND TACK&TAG STAMPED"8553"FOUND AT NORTHWEST CORNER OF PARCEL 7 OF PARCEL MAP NO. 29431 RECORDED IN BOOK 195 OF PARCEL MAPS,PAGES 94 THROUGH 99; THENCE SOUTH 51°41'43" EAST,ALONG THE WESTERLY LINE OF SAID PARCEL 7, A DISTANCE OF 153.50'TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 51°41'43"EAST,CONTINUING ALONG SAID WESTERLY LINE,A DISTANCE OF 30.20'TO A POINT; THENCE SOUTH 39°29'39" WEST,LEAVING SAID WESTERLY LINE,A DISTANCE OF 11.60'TO A POINT; THENCE NORTH 49° 13'43" WEST,A DISTANCE OF 30.20'TO A POINT; THENCE NORTH 39°28' 15"EAST,A DISTANCE OF 10.30'TO THE TRUE POINT OF BEGINNING AND CONTAINING 0.008 ACRES (331 SQUARE FEET)OF LAND MORE OR LESS. TOGETHER WITH A NON-EXCLUSIVE EASEMENT IN,ON,OVER,UNDER AND ACROSS THOSE PORTIONS OF VACATED CAMPANULA WAY AND PARCELS 2 AND 3 OF PARCEL MAP NO. 23432 RECORDED IN BOOK 159 OF PARCEL MAPS,PAGES 38 THROUGH 61 FOR INGRESS, EGRESS,PARKING,VEHICULAR MANEUVERING, EQUIPMENT AND UTILITIES IN ORDER TO CONSTRUCT,INSTALL, OPERATE, MAINTAIN OR REMOVE ANY RADIO COMMUNICATION FACILITY AND EQUIPMENT. PROPERTY OWNER CITY OF TEMECULA 41000 Main Street Temecula,CA 92590 PROPERTY ADDRESS 32105 De Portola Rd. Temecula,CA 92589 PARCEL NUMBER AND MISCELLANEOUS INFORMATION APN#959-390-002 Site Name:Margarit Business Unit 8:879871 EXHIBIT C DESCRIPTION OF CONDUIT EASEMENT AREAS A NON-EXCLUSIVE EASEMENT IN,ON,OVER,UNDER AND ACROSS THOSE PORTIONS OF VACATED CAMPANULA WAY AND PARCELS 2 AND 3 OF PARCEL MAP NO. 23432 RECORDED IN BOOK 159 OF PARCEL MAPS, PAGES 38 THROUGH 61 FOR INGRESS,EGRESS,PARKING, VEHICULAR MANEUVERING, EQUIPMENT AND UTILITIES IN ORDER TO CONSTRUCT,INSTALL,OPERATE,MAINTAIN OR REMOVE ANY RADIO COMMUNICATION FACILITY AND EQUIPMENT. PROPERTY OWNER CITY OF TEMECULA 41000 Main Street Temecula,CA 92590 PROPERTY ADDRESS 32105 De Portola Rd. Temecula,CA 92589 PARCEL NUMBER AND MISCELLANEOUS INFORMATION APN#959-390-002 Site Name:Mazgaril Business Unit 8:87987! EXHIBIT D DESCRIPTION OF ACCESS EASEMENT AREAS A NON-EXCLUSIVE EASEMENT IN,ON,OVER, UNDER AND ACROSS THOSE PORTIONS OF VACATED CAMPANULA WAY AND PARCELS 2 AND 3 OF PARCEL MAP NO.23432 RECORDED IN BOOK 159 OF PARCEL MAPS,PAGES 38 THROUGH 61 FOR INGRESS,EGRESS,PARKING,VEHICULAR MANEUVERING, EQUIPMENT AND UTILITIES IN ORDER TO CONSTRUCT, INSTALL, OPERATE, MAINTAIN OR REMOVE ANY RADIO COMMUNICATION FACILITY AND EQUIPMENT. PROPERTY OWNER CITY OF TEMECULA 41000 Main Street Temecula,CA 92590 PROPERTY ADDRESS 32105 De Portola Rd. Temecula,CA 92589 PARCEL NUMBER AND MISCELLANEOUS INFORMATION APN#959-390-002 •� �•� 1- a -,.•.05 E.;‘,. Pottota, „, ...\,. ###' • '-' • :,:z. i 1 - . t. • —••,,, .. ; '''' . ih. .:-. 'N. . ,'"'N,:... ... ..,1 _ .. IZ.s.... -N, '- ' !,, .< ,-,- ,-., , .,,, lb. ' • -04,- - Google ea Got)gle Earth Pro feet 700 A meters '-2-313-- Site Name:Margarit Business Unit#:879871 EXHIBIT E DESCRIPTION OF WIRELESS TELECOMMUNICATIONS FACILITY— REOUIRED/PERMITTED IMPROVEMENTS (Attached.) Site Name:Margarit Business Unit#:879871 • NETWORK(VISION MISTS LAUNCH ▪ am,. \\pi MARGARITA .' Sprint • RVO3XC060 .... -• Va- Sprint -- CROW79871 CAMPANULA WAY TEMECUL.CALWONnA 22592 RIVERSIDE•SAN BERNARONO MARKET RIVERSAE in' NEXIUS SHEET INDEX ;L..... 43 016 ALERT - !S \ i Eg� R�i'VLtC • •� COOS BL.:: K--- VICINITY MAP 4; SCOPE OF WORK Mar sa .9. s .nom. � Y"` PROJECT TEAM ...� .��.. � 9jZ2'.Z .m1 nm SIGNATURE BLOCK •LEGENO • PROJECT SUBWAY DRAWING SCALE T-1 GENERAL G::ocumitS 9M'M14G NOTES t SPEWFIGATICNS STRUCTURAL SPECIFICAT 2NS ti =� -s�sc-,•:.s r _ . _LT1dai:f:i...Si'YrL t-�T. • �.a7 SY . .Lr7A:.7• .. . ▪ 'sxsr_ .. Sprint 2...=-.... . == r itt t=• ri. '.YeV- a •soa2 1.4=xm.•x� r �r. �+s:-d9. 'rir�s.3'_..—...V ` " 3/.1=21,...............• __= :- .as str.raszAr""• : ?}: _ ate= •a�nswOEs--•- 'e ti:133aia• •�Smg.,.., .. acmdRxe nt _ s. _ - ` m'ET'711. ;i ' .. - . .y— _, T.«-.�" •1f "1L�.=' .LsxRsrJs .. . NEXIUS . �5-n_`} s:.r..:.4%-r- '��--Vy;�-igea •nomk�-7t. - te ▪_ e3iZ: 9 S?�-rss-- rr,."IsSis.::va• J F A �31'�=3• ' • • � � a-14=ZASFe.. :x=ec aa - W>: s — —111.1' ^ - z3 ?�" Vie r *r .fir-.aa-cr sM=— : .-t.,.�,,.eft —— ----- �-_z_.-== -.- -' Sprint« . I IN CASE OF w171-•--''''''•''1. .— "` F.074—= • EMERGENCY ---rat 12.; - � __�.r.as- z „ tea.-- - ..- _ —CALL— MOM.Lucent® .� 'zxr.=r`a:�.: 1-866-400-6040 '.- __ I SRE NUMBER: RVO3XCOEO ; .i " ,.r:::.: T. .=.r.7zz -s • - • ---I 1--1•i.—•, Sprint. 11-‘4-I.f • (.....-......0--i-4 • r*i---•-I:^X.:1 - I • F—• iUattl•1ucent rm....t mews i•e..las..w.n•.•11•11.6•m.s...OM -.e IMP t i too.<.•an•..M c-o•aM..1 VERIFY CURRENT RFOS SHEET PRIOR To BUILD —2 NEXIUS /, J RA Norm ,, r =8.^..Y.-"7 •y. ; !• i ' MAIMED SAT PIAN IL: ;I;.•!=!..... 1 A—1.1 ; g.--r. y.-...-a_. ®.••.....-.—— c....___.. g...r—... .... r.... =_ . . __ --__ --- =__ • _ Sprint - 09•--�-� 4»••• 5...— Q-...-. --a--- 3.......-.r.— •w.........— cp...r-..-_ •or..-- _ _.1 AkKs`"I 1`6 I::::1 4:312 II I '\-.......,_ '4---''''''1 j NEXIUS I.• -.--.-1 i 1 - - i -•. r i•z:,..-7-7.2.5:. i — 1 +E t HI ara- f ! __ I I te7.r 4iy.a I 1 -- i �1 ..... .... i ` ,... r g " I EXISTING EQUIPMENT PUN .yr...r ® ® I 6w>� -.�.•( (2 PROPS EOUpMftiE PIAN yam„��.r-;rl �(1 A-2 i Site Name:Margarit Business Unit#:879871 • R f �'! MOMOVO E �, 0,..\:r Motif-Luca%® NEXIUS J RA ,' ectriVr .11 t 'arraNs uaa s C wrt sraraAao - trf'ti 7N,Q) K. / ''\, ,,,._.. MI MOIL lirrar:Virra 1.• A =1 �r'j WOW. EbSTNG ANTENNA LAYOUT PUN =_::.;.: ®(2 p1RRSVE NAL ANTENNA LAYOUT PIAN t::a';w.il 1 1 A-3 : Sprint AoteRizent 0 - ...ar._ Jim- . . NEXIUS w-s + .. ...... T .I —/ Mai'lltir Moima Y._ 1 ==' I %...> mama awn sec met IrIMPATTA ErStit=jia/M77117"2•Fr.Z 7' 501...11 61V1111011 I raa EASING SOUTHEAST ELEVATION I"""r... P" �..12 y— ,..:el .1 1 A-4 �^a-�.<.''1 PROPOSED SOUTHEAST FlEw11pN L. Site Name:Margarit Business Unit#:879871 Sprint *Ad-Lucent raz,?- ------ —:-Lar NEXIUS �. ...r.. 7FLMC ._—� �.� A. MOMS .ry j 0047114654 WAWA `tea-.• .-_-._.._. -----•---- yr` D TPIG NORtlMEST ELEVATION h"""°:'''',..:1 12 PROPOSED nomtrEsr maim. t.;,:= . .- .11 A-4.1 p .4,A Sr; gni**_ •' - • Lli 0 I •••• L ir AKattl•tuotnt 40 • Q I J NEXIUS •"_• -.14-rt ...,_ ?ay.— Latom avt or AEQ )I } 13 .. r aANTENNA (�, i 5 ..•_.�..-� ^.� :`_ I I CPS W.ff,• -' JuncttoN BOX TO 11411ALIE 1 11411A :; I 2 IWICJAITA mn.o.r xwu , BTS CABINET I«16 an ANTENNA H 4 NOT usm H 1 A-5 Site Name:Margarit Business Unit#:879871 ��..� s_ wed.aN:.♦.C.. •.v.M. ) AU'IN-Nin • 03.••••.•Jill *Rim al•o•unag*ay. DETA•Him nt Cr-----74 Ltiro .7 _m_ ----1 _ • •' _ NEY.IU Bbck - .1_ , ( S 1..7 stivz r ate. r —4—o- .. .. ;::•,q 4 f JRA •'_ ......, Wm,♦ it �=•I-d-.-:'.., i 'L ram e... - .... .�._..,_....,. & OMAN d Derma Om . f :..� ........C.1“........C.1“........C.1“..{00INC.••—. _ •tOr'1u.. w no it II .I..AA..Imar. ZILT=ZIN y� ] 111p•—• .y.7 '• •' 7 117•— ....... J 111-x\ ��—�` .= 7 111 c...Pear rime Pew.,tAA.•.p....-. _MOW Mt =1• a...., a—s ISO AFnI...31-C-011 ••••ma ._... .. _-...aw int Akilil•tucent 6, NEXUS Sot.ilr. 1,..4 ACA .w n0. _JRA la E ,.. ,s, boo i wi ..iwolw ow =1�11ili i- i� 31I7�C7 NOT USED F-5 1900 MHz ANTENNA 3 p n.r®a AI�I :z ■=os •••• •I• MP NM , gi•Mir Zig.....=4.4 .. i ,,.....,... . - .. _ 4t. ..�i.t., .. V♦ -9--CT-V- o f _...— - s�„E. FRONT.e}. ---- oA ee II; =�= r 1 I -sae._. . i o _ �w._ 0 0 ..I.Y-i..Tw WITCH.CA I SIDE.CR FROM Kt. 014;:—.=2.•• -'.._.'_.— —, DOWNER DETAIL I".: 1 4 11900 MHz RRH F--1 2 1900 MHz ANTENNA AND RRH M0UNT DETAIL �:1 A-7 Site Name:Margarit Business Unit#:879871 Sprint CIE b w n--moi Mum..`•.C.wMS/`•w:^..w�.'y`.` wwwr.w.0 r....,...+�.�._...... 01111 arw�= .=-r:•.,'"""°"'• NEXIUS P .......... ..... •...._•••.......ama m•••••••• Alcatet-Lucent 6 �..� ..�. .w.w•.•1.._..� JRA • 0 • el: i-- t' Ai. r +Fri a. .,• yi • _ '� T`t IA �:�� EAV moi: _-- .. $�. `f __ 1 t- ----- -jc.2:1.0_-_- .: t.: .L. . _ i 10 �•.���.- .•..-.•w. •..w.M • . �.-' ... .+M•••1 s1 ...� Fill MO, Opp Ol}•.IC••Pf NYBR1F1Ec I t/41 SPECIFICATIONS I r 1 2 COMBINER IBC1900H'-2 SPECIFICATIONS Iooe1 A-8 , t Sprint y- ....... t I•Lucent NEXIUS - I3 t ,.T, -= sw� i :taco_=ia I 1 Wro ® I 1 =- ® � ® - _ - -_ ..� :W, I COAX &GROUNDING SYSTEM SCHEMATIC f ,a 12 ',DC/FIBER/COAX SINGLE UNE DIAGRAM I J I 1 E-1 Site Name:Margarit Business Unit#:879871 ,1..>_ _ - r..>_ a.>_ Sprint , . :::at. alateucent6 Ns= pJtNEXUS�a �_ na OM 01111.11111.Iuniuq_ __ IMF--7&',7"..";.-:.+:r7.._ ' as - •------- ga =x.14 II I ._ — ANTENNAUNE COLOR CODE ~E-2 i t• . tr- Sprint _ (le:. i 41111. _. - NEXUS C�yt: J Ft". T _, l I_ POWER FROM MM-8TjiS CABINET EXISTING PONT OF FEED SCE CMA CONDUIT ROUTING ... t, ' /r � • i,r . , I , 11111/4 .1— Li., ____ i.w F. ww..mo \C 1 fie. odtAtARIT IP i w • `. .. i ....2, EXTSTINO GROUND BAR IN_00-3004C EQUIPMENT LCCA DON ExGTVIO TELC.O@Qx AAV-0 , Site Name:Margarit Business Unit#:879871 -- — -- a..nwwo Sprint q,-�..-'-� V ... ' li S ��'? .�.1--- .{__._._-1 Akatel•tuomti E re3¢ t• ._■ IS 1 • _.-r_—�:.7= ----- NEXIUS .�: SRE KEY I2 •r•• 1 u • �.• p. ii : , aim "'{j 0=CS:=ICI 1R}TT'^l .17m®. II : * 1 i ....... imallGAIIT — i +rte= MO Illr Wm ) /-. ..r1 per!I MI PIAN I 1 AAV-1 CM t Sprint 11.1 _.. Arcser't i I11 r ::rI_ _ _ NEXIUS a�'s 1 - ��. 1104••MEM RA - illl► — e s MEM NM 0,111\.011.011S a •:%a.e...„.15 eu1 H-FRAME MOIAMNC r.c.n s o- 00-30WIC CA I ET SPECF1CA7 cs s 3 0"PT'9 U--. -,. il'I icr mi lirmi _�-r , 1 i Jo-Nab. e,, .... ..... _ail •..... - illid , ipj , . .,. „Id , 1 • _ _ —.1 IIVITISCON MOM f„";LW_a l 00-3OOxC CASINO'H-FRIWE IJOUMNG 2 z I Jooxc C cn� ET sPEcw1NsI AAV-2 Site Name:Margarit Business Unit#:879871 EXHIBIT F FORM OF PERFORMANCE BOND (Attached.) Site Name:Margarit Business Unit#:879871 CITY OF TEMECULA Wireless Telecommunications Facilities Faithful Performance Bond WHEREAS, the City of Temecula, State of California, a municipal corporation ("City of Temecula")and STC ONE LLC,a limited liability company organized and existing under the laws of the State of Delaware, registered in California as Tower Company One LLC (hereinafter designated as"Principal")have entered into an agreement whereby Principal is permitted to locate, place, attach, install, operate, use, control, repair and maintain a Wireless Telecommunications Facility on a portion of the property commonly known as Paloma del Sol Park located at 32099 De Portola Road in the City of Temecula, County of Riverside, State of California, as defined in that lease, which said lease, dated September 25, 2018,and identified as"Amended and Restated Ground Lease for Installation and Use of Wireless Telecommunications Antennas and Supporting Equipment"(the"Lease")is hereby referred to and made a part hereof;and WHEREAS, Principal is required under the terms of the Lease to furnish a bond for the Faithful Performance of the Lease: NOW,THEREFORE,we,the Principal and NAME OF SURETY duly authorized to transact business under the laws of the State of California,as Surety(hereinafter called "Surety,"), are held and firmly bound unto the City of Temecula, in the penal sum of THIRTY THOUSAND DOLLARS($30,000),lawful money of the United States,for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators,jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by,well and truly keep, and perform the covenants,conditions,and provisions in the Lease and in any alteration thereof made as therein provided,on its part,to be kept and performed at the time and in the manner therein specified, and in all respects according to this or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers, as therein stipulated; otherwise,this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable Site Name:Margarit Business Unit#:879871 attorney's fees, incurred by City of Temecula in successfully enforcing such 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 Lease or to the work to be performed thereunder or 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 Lease or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named,on , 20_. [SEAL] [SEAL] SURETY PRINCIPAL By: By: By: (Name) (Name) (Title) (Title) By: (Name) (Title) APPROVED AS TO FORM Peter M. Thorson,City Attorney Attach Notarial Acknowledgement or Jurat for both the Surety and Principal Signatures Site Name:Margarit Business Unit#:879871 EXHIBIT G PERMISSIBLE LOCATION FOR TEMPORARY TRANSPORTABLE POWER GENERATOR N. S.. ~Out .� CROW AI - - .__ ' D ll. r-ra.r� iik _ vasa ° — sass a L ' s'. ' Po no gm• 1 shire[ ---- -. 4n" s Jr lnoa tea n_K___ - - - --1 r w r. sae- /0 r ND7E=aux D>! 6 N®fIELDV6l110 NMI WMPIM 1 1 , 1 i 1 I 1111181111811 I I I I I . , 1 Site Name:Margarit Business Unit#:879871 EXHIBIT H FORM OF MEMORANDUM OF LEASE (Attached.) Site Name:Margarit Business Unit#:879871 RECORDING REQUESTED BY;AND WHEN RECORDED RETURN TO: City of Temecula 41000 Main Street Temecula,Ca. 92590 Attention: City Clerk [Space Above For Recorder's Use Only] The undersigned declares that this Memorandum of Lease is exempt from Recording Fees pursuant to California Government Code Section 27383 and exempt from Documentary Transfer Tax pursuant to California Revenue and Taxation Code Section 11922. MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE(this"Memorandum")is dated as of September 25, 2018,and is executed by the CITY OF TEMECULA,a California municipal corporation("City"), and STC ONE LLC, a Delaware limited liability company, registered in California as Tower Company One LLC, by and through its Attorney In Fact, Global Signal Acquisitions III LLC, a Delaware limited liability company("Tenant"). RECITALS A. Tenant and City have entered into that certain Lease for Installation and Use of Telecommunications Antennas and Supporting Equipment of even date herewith (the"Lease"), pursuant to which City has agreed to lease and demise to Tenant, and Tenant has agreed to lease and accept from City, portions (the"Premises")of the real property commonly known as Paloma del Sol Park and located in the City of Temecula,County of Riverside,State of California,at 32099 De Portola Road, and the legal description of such real property is attached as Exhibit A. The Premises are more particularly described in the Lease. B. Tenant and City now desire to enter into this Memorandum to provide record notice of the Lease. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,Tenant and City agree as follows: 1. Lease. City hereby leases and demises the Premises to Tenant, and Tenant hereby leases and accepts the Premises from City, for an initial term of five(5)years(with five(5)five- year extension options in favor of Tenant subject to the terms of the Lease relating to such extensions) commencing on September 25, 2018, at the rental and upon the other terms and Site Name:Margarit Business Unit#.879871 conditions set forth in the Lease, which terms and conditions are incorporated herein by this reference. 2. Purpose. This Memorandum is prepared for the purposes of recordation only and in no way modifies the terms and conditions of the Lease. In the event any provision of this Memorandum is inconsistent with any term or condition of the Lease,the term or condition of the Lease shall prevail. 3. Counterparts. This Memorandum may be executed in any number of counterparts,each of which,when executed and delivered, shall be deemed to be an original,and all of which,taken together, shall be deemed to be one and the same instrument. IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum of Lease as of the date first written above. CITY: CITY OF TEMECULA, a California municipal corporation By: Matt Rahn Mayor ATTEST: Randi Johl City Clerk APPROVED AS TO FORM: Peter M.Thorson City Attorney Site Name:Margarit Business Unit#:879871 TENANT: STC ONE LLC, a Delaware limited liability company,registered in California as Tower Company One LLC By: Global Signal Acquisitions III LLC, a Delaware limited liability company Its:Attorney In Fact By: Name Title Site Name:Margarit Business Unit#:879871 MEMORANDUM OF LEASE EXHIBIT A LEGAL DESCRIPTION OF REAL PROPERTY A PARCEL OF LAND LOCATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, WITH NO SITUS ADDRESS, CURRENTLY OWNED BY CITY OF TEMECULA HAVING A TAX ASSESSOR NUMBER OF 959-390- 002 AND BEING THE SAME PROPERTY MORE FULLY DESCRIBED AS 10.94 ACRES M/L IN POR PARS 2&3 PM 159/038 PM 23432. Site Name:Margarit Business Unit#:879871 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Los Angeles ) On ,before me, (insert name and title of the officer) Notary Public,personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s) acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Site Name:Margarit Business Unit#:879871 State of Texas County of Before me, , a Notary Public, on this day personally appeared of Global Signal Acquisitions III LLC, a Delaware limited liability company, as Attorney in Fact for STC One LLC, registered in California as Tower Company One LLC,known to me (or proved to me on the oath of or through driver's license, state id card, resident id card, military id card, or passport) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she/he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of ,20_ (Personalized Seal) Notary Public's Signature Site Name:Mazgarit Business Unit#:879871 Item No . 14 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: September 25, 2018 SUBJECT: Adopt a Resolution Approving an Amended and Restated Ground Lease for Existing Wireless Telecommunications Antennas and Supporting Equipment at Ronald Reagan Sports Park PREPARED BY: Robert Cardenas, Risk Manager RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED AMENDED AND RESTATED GROUND LEASE FOR EXISTING WIRELESS TELECOMMUNICATIONS ANTENNAS AND SUPPORTING EQUIPMENT AT RONALD REAGAN SPORTS PARK AND FINDING THE ACTION EXEMPT FROM CEQA(ASSESSOR'S PARCEL NUMBER 945-050-014) BACKGROUND: On April 22, 2002, the City Council approved a ground lease agreement with predecessor in interest Cingular Wireless (on behalf of Pacific Bell Wireless, LLC), for the installation of a wireless Personal Communications Service facility at Ronald Regan Sport Park (formerly known as Rancho California Sports Park). The construction included the removal and replacement of an existing telephone pole, re-installation of lights on the replacement pole, installation of two panel antenna arrays and construction of a cabinet to house appurtenant equipment. The total leased area was approximately 540 square feet. The City and T-Mobile West Tower, LLC, a Delaware limited liabiltiy company, by and through its Attorney In Fact, CCTMO, LLC, a Delaware limited liability company (successor to the interest of Cingular Wireless on behalf of Pacific Bell Wireless, LLC), desire to amend and reinstate the ground lease for the installation and use of the wireless telecommunications antennas and supporting equipment at Ronald Reagan Sports Park. Specifically, the Amended and Restated Lease includes (i) an approximte 697 square foot area for the existing wireless commmuniations antennas and supporting equipment described on Exhibit B to the Amended and Restated Lease, (ii) conduit easement areas under the portion of the Property described on Exhibit C to the Amended and Restated Lease for the installation operation, maintenance, repair and/or replacement of utility wires, cables, conduits, and pipes connecting the leased premises with the nearest point of utility service in accordance with plans and specifications approved in writing in advance by the City, and (iii) access easement areas over and across the portions of the Property described on Exhibit D to the Amended and Restated Lease. The initial term of this lease will be for five (5) years, commencing on September 25, 2018, and expiring on September 24, 2023. At the end of the initial term the lease will automatically be extended for five (5) successive five (5) year terms,subject to the terms and conditions set forth therein. The lease includes a rent requirement of two thousand three hundred fifty dollars ($2,350.00) per month. As part of the negotiations for the lease of the Premises, the City obtained an appraisal of the Premises. The compensation for use of park land was determined in compliance with the requirements of the Public Park Preservation Act of 1971, California Public Resources Code Section 5400 et seq., and in particular with the requirements set forth in Public Resources Code Section 5405. The monthly rent will increase by a minimum of three and a half percent (3.5%) annually, beginning October 1, 2019. The funds will be used in compliance with the requirements of the Public Park Preservation Act of 1971, California Public Resources Code Section 5400 et seq. The Amended and Restated Lease is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 of the State CEQA Guidelines. The proposed lease extends the existing 2002 lease and continues to allow Tenant to use the property for the installation and use of the wireless telecommunications antennas and supporting equipment at Ronald Reagan Sports Park. The Amended and Restated Lease involves negligible or no expansion of the uses currently authorized by the 2002 lease. FISCAL IMPACT: The initial annual rental income amount of at least $28,200 to the City will be made in monthly installments of $2,350. The rental income amount will increase by a minimum of three and a half percent (3.5%) annually, beginning October 1, 2019. The funds will be used in compliance with the requirements of the Public Park Preservation Act of 1971, California Public Resources Code Section 5400 et seq. ATTACHMENTS: 1. Resolution 2. Amended and Reinstated Ground Lease RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED AMENDED AND RESTATED GROUND LEASE FOR EXISTING WIRELESS TELECOMMUNICATIONS ANTENNAS AND SUPPORTING EQUIPMENT AT RONALD REAGAN SPORTS PARK AND FINDING THE ACTION EXEMPT FROM CEQA (ASSESSOR'S PARCEL NUMBER 945-050-014) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The City of Temecula owns the real property commonly known as 30875 Rancho Vista Road, Temecula, and identified as Assessor's Parcel Number 945-050- 014, which is improved with Ronald Reagan Sports Park ("Property"). B. The City and Cingular Wireless, LLC, a Delaware limited liability company, on behalf of Pacific Bell Wireless, LLC, a Nevada limited liablity company, d/b/a/ Cingular Wireless entered into a lease dated April 23, 2002 for installation and use of wireless communication facilities ("Original Lease"). The Original Lease authorized the installation of certain wireless facilities and the removal and replacement of an existing telephone pole, re-installation of lights on the replacement pole, installation of two panel antenna arrays, and the construction of a cabinet to house appurtenant equipment on the approximate 540 square foot lease area. C. T-Mobile West Tower LLC, a Delaware limited liability company, by and through its Attorney In Fact, CCTMO, LLC ('`Tenant") is the successor to the interests of Cingular Wireless, LLC, a Delaware limited liability company, on behalf of Pacific Bell Wireless, LLC, a Nevada limited liablity company, d/b/a/ Cingular Wireless. D. The City and Tenant desire to amend the Original Lease and to fully restate and replace the Original Lease pursuant to that certain agreement entitled "Amended and Restated Ground Lease for Installation and Use of Wireless Telecommunications Antennas and Supporting Equipment at Ronald Reagan Sports Park" and dated September 25, 2018 ("Amended and Restated Lease") for the installation and use of the existing wireless commmuniations antennas and supporting equipment, and related conduit and easement areas. Specifically, the Amended and Restated Lease includes (i) an approximte 697 square foot area for the existing wireless commmuniations antennas and supporting equipment described on Exhibit B to the Amended and Restated Lease, (ii) conduit easement areas under the portion of the Property described on Exhibit C to the Amended and Restated Lease for the installation operation, maintenance, repair and/or replacement of utility wires, cables, conduits, and pipes connecting the leased premises with the nearest point of utility service in accordance with plans and specifications approved in writing in advance by the City, and (iii) access easement areas over and across the portions of the Property described on Exhibit D to the Amended and Restated Lease (collectively "Premises"). E. As part of the negotiations for the lease of the Premises, the City obtained an appraisal of the Premises. The compensation/rent for the Premises has been determined in compliance with the requirements of the Public Park Preservation Act of 1971, California Public Resources Code Section 5400 et seq., and in particular with the requirements set forth in Public Resources Code Section 5405. F. The initial monthly rent for the Premises is $2,350 per month and the intial term of the lease commences on September 25, 2018 and expires on September 24, 2023. The Amended and Restated Lease also provides for automatic five successive five- year terms, subject to the terms and conditions set forth therein. G. The City will use the funds received pursuant to the Amended and Restated Lease in compliance with the Public Park Preservation Act of 1971 , California Public Resources Code Section 5400 et seq. Section 2. Approval of Amended and Restated Lease. The City Council of the City of Temecula approves that certain agreement entitled Amended and Restated Ground Lease for Installation and Use of Wireless Telecommunications Antennas and Supporting Equipment at Ronald Reagan Sports Park, with such changes in the Amended and Restated Lease as may be mutually agreed upon between the City and Tenant as are in substantial conformance with the form of the Amended and Restated Lease presented to the City Council. The Mayor is hereby authorized to execute the Amended and Restated Lease on behalf of the City. A copy of the final Amended and Restated Lease, when executed by the Mayor, will be placed on file in the office of the City Clerk. Section 3. City Manager's Authority. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to carry out and implement the Amended and Restated Lease, and to administer the City's obligations, responsibilities and duties to be performed under the Amended and Restated Lease, including but not limited to, approval and execution on behalf of the City of necessary documents to implement the Amended and Restated Lease, including but not limited to, minor amendments or corrections as needed. Section 4. Environmental Analysis. The Amended and Restated Lease is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 of the State CEQA Guidelines. The proposed lease extends the existing 2002 lease and continues to allow Tenant to use the property for the installation and use of the wireless telecommunications antennas and supporting equipment at Ronald Reagan Sports Park. The Amended and Restated Lease involves negligible or no expansion of the uses currently authorized by the 2002 lease. Section 5. Certification. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of September, 2018. Matt Rahn, 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. 18- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25th day of September, 2018, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk AMENDED AND RESTATED GROUND LEASE FOR INSTALLATION AND USE OF WIRELESS TELECOMMUNICATIONS ANTENNAS AND SUPPORTING EQUIPMENT AT RONALD REAGAN SPORTS PARK THIS AMENDED AND RESTATED GROUND LEASE FOR INSTALLATION AND USE OF TELECOMMUNICATIONS ANTENNAS AND SUPPORTING EQUIPMENT (this "Lease")is made as of September 25, 2018 (the"Effective Date"),by and between the CITY OF TEMECULA,a California municipal corporation("City"),and T-MOBILE WEST TOWER LLC, a Delaware limited liability company, by and through its Attorney In Fact, CCTMO LLC, a Delaware limited liability company("Tenant"),each a"Party"and collectively the"Parties." RECITALS A. City owns the real property described in Exhibit A commonly known as Ronald Reagan Sports Park located at 30875 Rancho Vista Road in the City of Temecula, County of Riverside, State of California, Assessor's Parcel Number 945-050-014 (the "Property"). B. City and Tenant's predecessor in interest entered into that certain Lease Agreement dated April 23, 2002, originally by and between City and Cingular Wireless, LLC, a Delaware limited liability company, on behalf of Pacific Bell Wireless, LLC, a Nevada limited liability company,d/b/a Cingular Wireless(referred to as the"Original Lease"). C. City and Tenant desire to amend the Original Lease, and fully restate and replace the Original Lease with the terms and conditions of this Lease. D. The compensation for use of park land has been has determined in compliance with the requirements of the Public Park Preservation Act of 1971,California Public Resources Code Section 5400 et seq.,and in particular with the requirements set forth in Public Resources Code Section 5405. AGREEMENT In consideration of the Recitals set forth above,the terms and conditions of this Lease and other valuable consideration, the adequacy of which is hereby acknowledged, the Parties hereby amend and restate in its entirety the Original Lease as of the Effective Date(and as of the Effective Date,the Original Lease shall be of no further force or effect except for obligations that have arisen thereunder prior to the Effective Date): 1. PREMISES. 1.1 Leased Premises. City hereby leases to Tenant, and Tenant hereby leases from City, that portion of the Property described and depicted on Exhibit B (the "Leased Premises"). 1.2 Conduit Easement Areas. City also grants to Tenant during the term of this Lease a non-exclusive easement under that certain portion of the Property, which non-exclusive -1- • Site Name:SD460 Rancho Sports Park Business Unit#:827593 1.2 Conduit Easement Areas. City also grants to Tenant during the term of this Lease a non-exclusive easement under that certain portion of the Property, which non-exclusive easement shall be irrevocable during the term of this Lease,but which shall automatically terminate upon expiration of the Removal Period (as defined in Section 31 below), to install, operate, maintain, repair and/or replace utility wires, cables, conduits and pipes under those portions of the Property depicted on Exhibit C as the"Conduit Easement Areas"connecting the Leased Premises with the nearest point of utility service to the Leased Premises, all according to plans and specifications approved in writing in advance by City. Upon completion of Tenant's initial improvements in the Conduit Easement Areas, Tenant, at Tenant's sole cost and expense, shall provide City with as-built drawings of the utility wires, cables, conduits and pipes in the Conduit Easement Areas, which drawings shall thereafter define the Conduit Easement Areas. Notwithstanding the foregoing,City has approved the as-built drawings of the utility wires,cables, conduits and other improvements installed under the terms of the Original Lease, which are included as part of Exhibit C. 1.3 Access Easement Areas. City also grants to Tenant during the term of this Lease the non-exclusive right, which right shall be irrevocable during the term of this Lease, but which shall automatically terminate upon expiration of the Removal Period(as defined in Section 31 below), of foot or motor vehicle, including trucks, ingress to and egress from the Leased Premises over and across the portions of the Property depicted on Exhibit D as the "Access Easement Areas." 1.4 Definition of Premises. The Leased Premises, Conduit Easement Areas and the Access Easement Areas are collectively referred to herein as the"Premises." 1.5 No Representations. Tenant hereby accepts the Premises in their current"AS IS" condition. City makes no representations or warranties, express or implied, regarding title to the Property. Tenant takes its interest under the Lease subject to all matters of record and all title matters that would be revealed by a diligent inspection of the Property. Tenant will defend, indemnify and hold City harmless from and against any claims, liabilities, damages, costs and expenses resulting from or relating to any violation by Tenant of any such title matters. Tenant shall use Dig Alert and is responsible for coordinating with the owners of any existing utility facilities on,under or over the Property. 1.6 No Release. Nothing herein is intended to(nor shall be construed to)release Tenant from any liabilities it may have under the Original Lease that may have accrued prior to the Effective Date, or waive any of such liabilities. 2. TERM. 2.1 Initial Term. The term of this Lease shall be for five (5) years (the "Initial Term") commencing on September 25, 2018, and expiring on September 24, 2023. Rental payments under Section 3 below shall commence on September 25,2018. 2.2 Extension Terms. Provided Tenant is not in default beyond any applicable cure period under the terms of this Lease as of the end of the Initial Term or the end of the then- current Extended Term, as applicable, this Lease shall automatically be extended for five (5) -2- Site Name:SD460 Rancho Sports Park Business Unit#.827593 successive five(5)year terms(individually,an"Extended Term,"and collectively,the"Extended Terms") on the same terms and conditions as set forth in this Lease (unless expressly provided otherwise in this Lease)unless Tenant terminates this Lease at the end of the then-current term by giving City written notice of termination at least six(6)months prior to the expiration of the Initial Term or the then-current Extended Term,as the case may be. 2.3 Lease Term. The"Lease Term"shall mean the Initial Term,any Extended Terms,and any month-to-month tenancy authorized in writing by City pursuant to Section 30. 3. RENT. All sums payable under this Lease shall be deemed to constitute rent. 3.1 Monthly Rent. Tenant shall also pay to City in advance as"Monthly Rent," without deduction, setoff, prior notice or demand, the sum of two thousand three hundred fifty dollars($2,350.00)per month on or before the first(1St)day of each calendar month, commencing on September 25, 2018. Monthly Rent for any partial month shall be prorated at the rate of 1/30th of the Monthly Rent per day. Monthly Rent is subject to adjustment in Section 3.2. 3.3 and 3.4 below. 3.2 Annual Adjustment. Beginning on October 1,2019,and on each subsequent anniversary of that date during the Lease Term (each, an "Adjustment Date"), the Monthly Rent shall be increased based on the following formula: (a) Increased Monthly Rent=(Monthly Rent).+([(IR-IL)/IL] x Monthly Rent) (b) Definitions: IR is the Consumer Price Index for the month which is three(3)months immediately preceding the applicable Adjustment Date. (c) IL is the Consumer Price Index for the month which is three (3) months immediately preceding the date that is one year prior to the applicable Adjustment Date. (d) "Consumer Price Index" shall mean the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor for Urban Wage Earners and Clerical Workers for All Items (CPI-W) - Los Angeles-Riverside-Orange County,California average or shall mean the successor to such Consumer Price Index. In the event the Consumer Price Index is converted to a different standard reference base or otherwise revised, the determination shall be made with the use of such conversion factor, formula or table for converting the Consumer Price Index as may be published by the Bureau of Labor Statistics, or if the Bureau should fail to publish the same,then with the use of such conversion factor, formula or table for converting the Consumer Price Index as may be published by any nationally recognized publisher of similar statistical information. If the Consumer Price Index ceases to be published and there is no successor thereto, such other reasonable index (i.e., such other government index or computation that gives substantially the same result as would be obtained if the Index had not been discontinued) shall be substituted for the Consumer Price Index, and if City and Tenant are unable to agree on a reasonable substitute index,then such matter shall be submitted to arbitration in accordance with the then existing commercial rules of arbitration of the American Arbitration Association at the American Arbitration Association office nearest the Premises. -3- Site Name:SD460 Rancho Sports Park Business Unit#:827593 3.3 Minimum Increase in Annual Adjustment. Notwithstanding the foregoing Section 3.2,the Monthly Rent shall increase on the Adjustment Date by a minimum of three and a half percent(3.5 %) of the amount of the Monthly Rent for the month immediately preceding the Adjustment Date. 3.4 One-Time Increase to Market. Prior to the commencement of the second Extended Term or at any time during the first year of the second Extended Term, City shall have the option to obtain an independent valuation of the Premises to determine an appropriate rent amount (the "Appraisal Option"). In the event City exercises the Appraisal Option, the City will notify Crown Castle,and an appraisal of the Premises shall be made by a professional independent real estate appraiser mutually selected by City and Tenant using the selection process described in Section 3.4 (a) ("Appraiser Selection Process"), at City's sole cost and expense. City may, in its sole and absolute discretion, elect to make use of the appraised value as the new rent, in lieu of the annual rent adjustment that would otherwise take effect pursuant to Sections 3.2 and 3.3, by notifying Tenant in writing of City's election. The increase shall take effect on the date the second Extended Term commences, regardless of the date of City's notice, and Tenant shall pay the increase retroactively in the event the notice is given after the date the second Extended Term commences. In no event shall the monthly rent decrease,nor shall it increase more than 10 percent (10%) of the most recent past rent amount. In the event City does not elect to make use of the appraised value as the new rent,the rent shall be increased pursuant to Sections 3.2 and 3.3. (a) The parties shall use the following Appraiser Selection Process:The Appraiser Selection Process begins when City submits the names of five(5)licensed independent real estate appraisers to Tenant. Tenant shall have fourteen(14)days from receipt of City's list to select three (3) appraisers from the list, numbering them No. 1,No. 2 and No. 3. The appraiser denoted No. 1 by Tenant shall serve as the mutually selected appraiser. In the event Tenant fails to select appraisers from the list, City shall have the right to designate the appraiser from the list. In the event the mutually selected appraiser refuses to serve or cannot guarantee the production of an appraisal within ninety days, appraisers No. 2 and No. 3 shall serve as the mutually selected appraiser, in that order. 3.5 Administrative Fee. For purposes of offsetting costs to City in negotiating and administering this Lease,within thirty(30)days after the Effective Date,Tenant shall pay City a one-time administrative fee in the amount of forty-eight thousand eight hundred ninety-four and 50/100 dollars ($48,894.50). In the event this Lease is terminated prior to the expiration of the Initial Term or any Extended Term, Tenant shall not be entitled to a refund or credit of all or any portion of the Administrative Fee. 3.6 Payment Location. Tenant shall make all rental payments due under this Lease payable to the City of Temecula as follows: City of Temecula 41000 Main Street Temecula, California 92590 Attn: Accounts Payable -4- Site Name:SD460 Rancho Sports Park Business Unit ti 827593 or at such other address or to such other persons as City may from time to time designate in writing at least thirty(30)days prior to any Monthly Rent payment date. 3.7 Late Payment. Liquidated damages of five percent (5%) of any rent or any other required payment to City shall be paid by Tenant if such payment is not paid to City on or before the tenth(10t)day after the date on which it is due. The Parties hereby agree that such late charge represents a fair and reasonable estimate of the costs City will incur by reason of late payment by Tenant. In no event shall the late charge exceed the maximum allowable by Law. Acceptance of the late charge by City shall not constitute a waiver of Tenant's default with respect to the overdue amount, nor prevent City from exercising any of the other rights and remedies available to City. 4. USE; APPROVALS:REQUIRED IMPROVEMENTS. 4.1 The Leased Premises may be used by Tenant for Tenant's Wireless Telecommunications Facility (as defined below). The Conduit Easement Areas may be used by Tenant for underground utility connections to the Leased Premises. Subject to City's reasonable rules, the Access Easement Areas may be used by Tenant for reasonable physical access to the Leased Premises by Tenant's personnel and equipment, and Tenant's personnel may temporarily park vehicles on City's Property,as necessary and consistent with the authorized use of the Leased Premises. Tenant shall use the Premises as set forth in this Section 4.1 and only for the purpose of constructing, maintaining and operating Tenant's Wireless Telecommunications Facility, and for no other use("Permitted Use"). (a) "Wireless Telecommunications Facility" means those certain equipment and structures, such as antennas and microwave dishes, air-conditioned equipment shelters and/or base station equipment, cable, wiring, power sources (including emergency back- up battery),related equipment and structures,walls and fencing,and an antenna support structure, to the extent such equipment and structures are described and depicted in Exhibit E. Exhibit E also sets forth the overall dimensions and physical specifications of such equipment and structures (the"Specifications"). (b) Tenant shall not deviate from the Exhibit E Specifications in any manner without City's prior, written consent, which consent may be withheld in City's sole and absolute discretion,except as provided in Section 7. (c) Tenant installed the improvements described on Exhibit E at Tenant's sole cost and expense under the terms of the Original Lease. (d) Above ground or overhead utility wires, cables, conduits or pipes shall not be used to connect utilities across Property to Premises. (e) Any and all antennas,antenna support structure,and any portions of Tenant's Wireless Telecommunications Facility visible from any public place, shall be of a "stealth" design, utilizing natural colors, approved in writing, in advance, by City, and any antennas or other equipment attached to the antenna support structures shall not extend horizontally more than twelve (12) inches from the pole and shall not increase the height of the antenna support structure. City,in its proprietary capacity as a real property owner and the landlord -5- Site Name:SD460 Rancho Sports Park Business Unit#:827593 or lessor under this Lease, hereby acknowledges and agrees that Tenant's existing Wireless Telecommunications Facility, as depicted in Exhibit E, meets the City's "stealth" design requirements set forth herein. Any approved stealth design shall include use of material colorings providing not less than twenty years of natural color fast quality. To ensure compliance with this requirement and in addition to maintenance requirements set forth in Section II,below, not more than once every five (5) years, City may require Tenant to repaint or otherwise re-color the antennas, supporting structure, and any portions of Tenant's Wireless Telecommunications Facility visible from any public place, so as to match the original color(s),and to replace or repair any stealthing material that is missing,discolored,or otherwise in poor maintenance to its original quantity and quality. (f) Tenant shall provide a landscaping plan acceptable to City,and shall thereafter promptly install landscaping pursuant to the approved plan. 4.2 Prior to using the Premises for any Permitted Use, Tenant shall obtain and maintain all governmental licenses, permits, approvals or other relief required of Tenant by any Law or deemed necessary or appropriate by Tenant for its use of the Premises, including, without limitation, applications for zoning variances, zoning ordinances, amendments, conditional use permits, special use permits, and construction permits (collectively, "Governmental Approvals"), including,without limitation, all Governmental Approvals from City in its governmental capacity required by Law. Tenant agrees that this Lease does not exempt it from compliance with any Law. City shall bear no responsibility or liability under this Lease for Tenant's inability to make use of the Premises for failure to obtain or maintain any required Governmental Approval. Tenant shall be permitted to terminate this Lease upon sixty(60)days prior written notice to City that it is unable to use the Premises as a result of a change in Law or other circumstance resulting in the revocation or denial of any Governmental Approval required to operate the Premises for the Permitted Use (which notice shall provide reasonable evidence of such change in Law or other circumstances resulting in revocation or denial). 4.3 If requested by Tenant, and provided it will not subject City to any liability, City (as owner of the Premises)will reasonably cooperate in executing, at Tenant's sole cost and expense,all documents required by any governmental authority to be executed by the Owner of the Premises in connection with any development of,or construction on,the Premises that is permitted by the Lease, including documents necessary to petition the appropriate public bodies for any Governmental Approvals to utilize the Premises for the purpose of constructing, maintaining and operating a Wireless Telecommunications Facility. City agrees to be named applicant if required by the applicable governmental authority. 5. PERFORMANCE BOND. In order to secure the performance of its obligation under this Lease,Tenant shall provide the following security interest to City: 5.1 Performance Bond Required. Prior to the commencement of any construction on Premises, Tenant shall pay for and provide City with a performance bond, in substantially the form attached hereto as Exhibit F,and naming City as obligee in an amount equal to $30,000 (thirty thousand dollars) to guarantee and assure Tenant's faithful performance of Tenant's obligations under this Lease, including without limitation, removal obligations and payment of the Monthly Rent (the "Performance Bond"). The amount of the Performance Bond -6- Site Name SD460 Rancho Sports Park Business Unit#:827593 shall be increased by three (3) percent on the anniversary of the Effective Date, and on each anniversary thereafter. Such Performance Bond shall remain in effect until all of the following have first occurred:(i)this Lease has been terminated and(ii)Tenant has complied with all removal and restoration requirements set forth in Section 31 of this Lease. 5.2 City's Right to Draw on Bond. City shall have the right to draw on the Performance Bond in the event of default by Tenant or in the event Tenant fails to meet and fully perform any of its obligations under this Lease. 5.3 Restoration of the Bond. Tenant must deposit a sum of money or a replacement instrument sufficient to restore the Performance Bond to its original amount within thirty (30) days after notice from City that any amount has been recovered from the Performance Bond. Failure to restore the bond to its full amount within thirty(30)days will constitute a breach of a material condition of this Lease. 6. COMPLIANCE WITH LAWS. Tenant agrees to comply with all Laws in the exercise of its rights and performance of its obligations under this Lease. "Laws" or "Law" as used in this Lease means any and all statutes, constitutions, ordinances, resolutions, regulations, judicial decisions, rules, tariffs, administrative orders, certificates, orders, directives,judgments, decrees, permits,approvals or other applicable requirements of City or other governmental entity or agency having joint or several jurisdiction over the Parties, the Premises, the operations of Tenant on the Premises or having jurisdiction that is applicable to any aspect of this Lease (including, without limitation, Federal Communications Commission (FCC) Radio Frequency (RF)sign posting requirements,and Federal Communications Commission regulations relating to RF emissions) that are in force on the Effective Date and as they may be enacted, issued or amended during the Lease Term. City shall be entitled to conduct its own testing and/or not more than once per year, require Tenant to employ the services of an independent RF Engineer to test RF emission levels attributable to the Wireless Telecommunications Facility and to certify Tenant's compliance with this Section 6. 7. ALTERATIONS AND IMPROVEMENTS. No other alterations, additions or changes shall be made to the Premises unless and until Tenant first obtains City's written approval of such,which approval may be withheld by City in City's sole and absolute discretion; however, City's consent shall not be required for equipment repairs or for replacements with equipment that is of a "like kind" (i.e., substantially the same), provided that in the case of replacements, City receives at least ten (10) days' prior written notice of such replacements together with a written explanation as to how the replacements are "like kind" and provided, further, that such replacements shall not increase any overall dimension of the Wireless Telecommunications Facility and no additional cabinets, antennas or other additions or expansions shall be permitted. The foregoing shall not affect the obligation of Tenant to obtain Governmental Approvals from City in its governmental capacity, if required under applicable Laws. 8. CONDITIONS OF CONSTRUCTION FOR ALTERATIONS AND IMPROVEMENTS. 8.1 All work by Tenant on the Premises shall comply with such reasonable rules as City may promulgate in writing from time to time and of which Tenant is provided notice. -7- Site Name:SD460 Rancho Sports Park Business Unit#:827593 8.2 Once any construction and installation work has begun, Tenant shall prosecute all construction and installation to completion with diligence. 8.3 All work on the Premises shall be performed in a good and workmanlike manner, shall substantially comply with the plans and specifications submitted to City and shall comply with all applicable Laws. Tenant shall pay for all costs and expenses associated with construction and installation done by Tenant,or on behalf of Tenant, on the Premises as permitted or required by this Lease. 9. SIGNS. Except for signs required to be placed on the Premises under applicable Laws, Tenant shall not,without City's prior written approval,install or affix any lighting fixtures, shades, awnings, or decorations (including, without limitation, exterior painting), advertising signs, other signs, lettering, placards or the like on the improvements made by Tenant, the Premises, or the Property. 10. UTILITIES AND SERVICES. Tenant shall make all arrangements for and directly pay for all utilities and services furnished to or used by it,including,without limitation,electricity, gas, water and telephone service (if any), and for all connection charges. Tenant shall install, at Tenant's sole cost and expense,a separate meter for each utility it utilizes. 10.1 If there is a loss of electrical service at the Premises due to an emergency or other circumstances beyond the control of Tenant,Tenant may,at its expense,and with City's prior written consent, install and maintain a temporary transportable power generator and related transportable fuel storage tank at the Premises or on Property adjacent to the Premises as depicted on Exhibit G for a period not to exceed thirty (30) days, provided Tenant complies with all applicable Laws and obtains all required Governmental Approvals. 11. MAINTENANCE. 11.1 Tenant,at its sole cost and expense,shall at all times maintain in good order, condition, cleanliness, and repair, reasonable wear and tear excepted, any improvements made by Tenant pursuant to this Lease, and the Premises and every part of the Premises, including,without limitation,all electrical facilities,and all equipment within the Premises. If Tenant fails to promptly make repairs or maintain any improvements or landscaping, City shall have the right to do so and Tenant shall pay the reasonable cost and expenses thereof within ten(10)days after written demand as additional rent. All maintenance work by Tenant on the Premises shall comply with such reasonable rules as City may promulgate in writing from time to time regarding construction and maintenance in or on the applicable Property and of which Tenant is provided written notice. Without limiting other reasonable rules, Tenant acknowledges and agrees that a rule prohibiting non-emergency work during the hours from 9:00 P.M. until 8:00 A.M. is reasonable;provided that Tenant shall have reasonable access to the Premises for non-emergency work at all other times, provided, however, Tenant may temporarily be denied access to Easement Areas (i) while City makes repairs to or constructs improvements on the Property; (ii) in the event of circumstances beyond City's control that interfere with access; or(iii)when City events or special events held on the Property temporarily prevent access. In the event City temporarily interferes with Access Easement Areas while City makes repairs to or constructs improvements on the Property,or holds -8- Site Name:SD460 Rancho Sports Park Business Unit#:827593 events or special events on the Property that temporarily prevent use of the Access Easement Areas, City shall endeavor to provide alternative access for emergency work. 11.2 Notwithstanding any other provision of this Lease, if Tenant's Wireless Telecommunications Facility creates a substantial risk of harm to persons or property, City may without notice,perform such work as City deems necessary to reduce or mitigate such risk of harm. In such event, Tenant shall pay the reasonable cost and expenses thereof within ten(10)days after written demand as additional rent. Failure on the part of City to perform the obligations of Tenant shall not release Tenant from liability under this Lease for any loss or damage occasioned by City's failure to perform Tenant's obligations. 12. LIENS. Tenant shall timely pay for all work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall defend and indemnify"Indemnitees" (as defined below) against all losses, liabilities, claims, costs and expenses incurred by City and arising out of work performed on the Premises by Tenant, or its employees, agents, servants or contractors, together with reasonable attorneys' fees and all costs and expenses reasonably incurred by City in negotiating, settling,defending or otherwise protecting against such claims. 13. PROHIBITED USES: INTERFERENCE. 13.1 Tenant shall use the Premises in a manner which does not create a danger to, or interfere with,the Property or any use or occupancy of the Property by City, the public,or any other licensee or lessee whose use or occupancy of the Property predates that of Tenant under the Original Lease. 13.2 Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Property, or cause a cancellation of any insurance policy covering the Property or any part of the Property or any of its contents;provided that nothing in this Section 132 shall limit Tenant's use of the Premises as a Wireless Telecommunications Facility. 13.3 Tenant shall not cause, maintain or permit any nuisance in, on or about the Property. Tenant shall not commit or allow to be committed any waste in or upon the Premises. 13.4 Tenant shall not install on the Premises equipment of the type and frequency which will cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of other tenants or users of the Property which existed on the Property prior to the Execution Date or to any equipment of City regardless of location. In the event Tenant desires to add additional equipment to the Premises, after obtaining City's written approval pursuant to Section 7,such additional equipment shall not cause harmful interference with equipment then-existing as of the date of installation of other tenants or users of the Property, or any equipment of City regardless of location. 13.5 Tenant has previously conducted radio interference testing and resolved any interference caused by Tenant's Wireless Telecommunications Facility to equipment of other tenants or users of the Property,or to equipment of City regardless of location. Tenant shall resolve any radio interference caused by Tenant's Wireless Telecommunications Facility to equipment of any other tenants or users of Property existing as of the Effective Date, or to equipment of City -9- Site Name:SD460 Rancho Sports Park Business Unit#:827593 regardless of location, and shall work in good faith to correct radio interference problems experienced by subsequent tenants or users of Property. City shall not allow any installation of equipment on the Property of the type and frequency which will cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of Tenant or users of the Leased Premises then existing on the Leased Premises as of the date of the proposed installation. At City's option, City may submit a list of equipment to Tenant that City proposes to install on the Property. Tenant shall have thirty (30) days to review the list and provide written findings regarding any foreseeable interference, along with Tenant's recommendations for preventing such interference. Tenant's failure to review and comment on the proposed installation within thirty(30)days, or Tenant's finding that the equipment will not cause harmful interference, shall relieve City of any further obligations under this Section 13.5. 13.6 In the event any modification to Tenant's Wireless Telecommunications Facility occurring after the date of this Lease causes interference to equipment of other tenants or users of the Property, or to equipment of City regardless of location, then after City has notified Tenant in writing of such interference,Tenant will promptly take all steps necessary to correct and eliminate the interference, including, without limitation, at Tenant's option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will City be entitled to terminate this Lease or relocate the equipment as long as Tenant is making a good faith effort to remedy the interference issue. 13.7 The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Section 13 and therefore, either Party shall have the right to equitable remedies, such as,without limitation,injunctive relief and specific performance. 14. ASSIGNMENT AND SUBLETTING. 14.1 Tenant shall not, either voluntarily or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease or any interest herein, or any right or privilege appurtenant to this Lease, or sublet all or any portion of the Premises,or allow any other person (the employees, agents, servants and contractors of Tenant excepted) to occupy or use the Premises, or any portion thereof,without first obtaining the consent of City, which consent may be withheld in City's sole and absolute discretion. 14.2 Notwithstanding the foregoing, City consent shall not be required if all of the following conditions are satisfied: (a) City receives prior written notice of the applicable transaction together with written evidence that the transaction is one of the transactions described in the following clause(b) such that City's consent is not required. (b) Either: (i) The assignment is made as partial security for financing of the equipment to be installed in the Premises, provided that no security interest shall attach to the Premises or Property; or -10- Site Name:SD460 Rancho Sports Park Business Unit#:827593 (ii) The proposed assignee is (i) a corporation or partnership (a "Parent")having,directly or indirectly,a majority(51%)or greater ownership interest in Tenant, (ii) a corporation or other entity with which Tenant and/or any Parent may merge or consolidate, (iii)a purchaser of substantially all of the outstanding ownership units or assets of Tenant and/or any Parent, and/or(iv) any transferee of Tenant's Federal Communications Commission cellular license in the market defined by the FCC in which the Property is located. 14.3 City's consent to one assignment,subletting,occupation or use by any other person shall not be deemed to be a consent to any subsequent assignment,subletting,occupation or use by another person. Neither City's consent to any subletting or assignment,or any subletting or assignment not requiring consent, shall release Tenant from liability under this Lease, however, upon an assignment of the Lease, City agrees to release Tenant from liability under this Lease provided the City is reasonably satisfied that the assignee is capable, including financially, of performing all of Tenant's obligations in this Lease,and the assignee enters into a written agreement assuming these obligations in a form reasonably acceptable to City and a copy of such executed assumption is delivered to City. City's consent to an assignment of this Lease by Tenant shall not be unreasonably withheld, conditioned or delayed; provided, however, it shall be reasonable for City to withhold consent if the assignment or assignee does not qualify for a release of Tenant from liability. In the event of an assignment or transfer,Tenant shall not be released from its obligations in this Lease unless a release is given in writing by City. Any assignment,sublease or transfer shall be subject to all of the terms,covenants and conditions of this Lease and the assignee, sublessee or transferee shall expressly assume for the benefit of City the obligations of Tenant under this Lease by a document reasonably satisfactory to City. 14.4 Any assignment or subletting in violation of this Section 14 shall be void, and shall, at the option of City, constitute a default under this Lease. If City consents to Tenant subletting any portion of the Premises,or allows any other person(the employees, agents,servants and contractors of Tenant excepted) at Tenant's request to occupy or use the Premises, City shall be entitled to receive additional rent,as to each subtenant,occupant,and/or user. 15. INDEMNIFICATION. 15.1 Tenant shall defend, indemnify, protect and hold harmless City, Temecula Community Services District("District"),and City's elected and appointed City Council members, and each of City's, and each of District's, boards, commissions, officers, officials, agents, consultants, employees and volunteers (collectively, "Indemnitees") from and against any and all claims, suits, damages, actions, losses, liabilities, judgments, proceedings, settlements, fines, penalties, liens, stop notices, regulatory actions, administrative actions, costs and expenses (including, without limitation, interest, attorneys' fees, and expert fees), or causes of action or demands whatsoever against any Indemnitee, including, without limitation, any injury to or death of any person or damage to property or other liability of any nature("Claims")to the extent arising out of, resulting from, or in any way related to Tenant's use of the Premises or from the conduct of its business or from any activity,work or other things done or suffered by Tenant,or its employees, agents,servants, contractors, or sub-tenants, in or about the Premises or Property; and shall further indemnify and hold harmless Indemnitees from and against any and all Claims to the extent arising out of, resulting from, or in any way related to any breach or default in the performance of any obligations on Tenant's part to be performed under the terms of this Lease, or to the extent arising -1 1- • Site Name:SD460 Rancho Sports Park Business Unit#:827593 out of, resulting from, or in any way related to any act, omission or negligence of Tenant, or any officer, agent, contractor, employee, servant, sub-tenant, guest or invitee of Tenant. Tenant shall not be required to indemnify the Indemnitees to the extent caused by the negligence or willful misconduct of City and the Indemnitees. 15.2 If any action or proceeding is brought against Indemnitees by reason of any such Claim, Tenant, upon notice from Indemnitees, shall defend Indemnitees at Tenant's expense by counsel reasonably satisfactory to Indemnitees. City shall have the option of coordinating the defense,including, without limitation,choosing counsel for the defense at Tenant's expense. 15.3 Tenant, as a material part of the consideration to City, hereby assumes all risk of damage to property or injury to persons in,upon or about the Premises, from any cause that is a result,either directly or indirectly, of Tenant's use of the Premises; and Tenant hereby waives all Claims in respect thereof against Indemnitees, except to the extent caused by the negligence or willful misconduct of City or the Indemnitees. 15.4 Tenant shall give prompt notice to City in case of casualty or accidents in the Premises. Indemnitees shall not be liable for any loss or damage to persons or property resulting from fire, explosion, earthquake, flood, falling plaster, steam, gas, electricity, water, or any other cause whatsoever. Tenant expressly bears all risk of loss or damage of Tenant's Wireless Telecommunications Facility located, attached or installed on or in the Premises, and any other property of Tenant that is present on the Property or the Premises, including, without limitation, vehicles, tools, equipment and materials, except to the extent caused by the gross negligence or intentional misconduct of Indemnitees. Indemnitees shall not be liable for interference with the light,air,or for any latent defect in the Premises. 15.5 THE PROVISIONS OF THIS SECTION 15 SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. 16. ENVIRONMENTAL LIABILITY. 16.1 Except as described in the last paragraph of this Section 16, Tenant shall not cause or permit any "Hazardous Substances" (as defined below) to be used, stored, generated or disposed of,on or in the Property by Tenant,Tenant's agents,employees,servants or contractors without first obtaining City's written consent. 16.2 If Hazardous Substances are used, stored, generated or disposed of on or in the Premises(including as described in the last paragraph of this Section 16),or if Property becomes contaminated in any manner for which Tenant is legally liable, Tenant shall indemnify and hold harmless Indemnitees from any and all Claims (including, without limitation, a decrease in value of such Property,damages caused by loss or restriction of rentable or usable space,or any damages caused by adverse impact on marketing of the space, and any and all sums paid for settlement of claims, reasonable attorneys', consultant, and expert fees) arising during or after the term of this Lease and to the extent arising as a result of that contamination,except to the extent caused by City or City's agents, employees or contractors. This indemnification includes, without limitation, any and all reasonable costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without -12- Site Name:SD460 Rancho Sports Park Business Unit#:827593 limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Property which results in contamination, Tenant shall promptly, at Tenant's sole cost and expense, take any and all necessary actions to return the applicable Property to the condition existing prior to the presence of any such Hazardous Substance on the Property or as close as reasonably possible to such prior condition and in any event, to a condition which complies with Law and requires no further action or remediation. Tenant shall first obtain City's approval for any such remedial action, which City agrees not to unreasonably withhold, condition or delay. The provisions of this Section 16 shall be in addition to, and does not limit,the obligations set forth in Section 15 and Section 17 of this Lease,or other obligations and liabilities Tenant may have to City at law or equity and shall survive the expiration or the termination of this Lease. 16.3 For purposes of this Lease, the term "Hazardous Substance" means any substance, chemical, pollutant or waste that is hazardous, toxic, dangerous, ignitable, reactive or corrosive and that is regulated by any local government,the State of California,or the United States Government. "Hazardous Substance" also includes, without limitation, any and all materials or substances that are defined by Law as "hazardous waste," "extremely hazardous waste" or a "hazardous substance." "Hazardous Substance" also includes, but is not limited to, asbestos, polychlorobiphenyls and oil,petroleum and their by-products. 16.4 Notwithstanding anything to the contrary in this Section 16,City and Tenant acknowledge that Tenant shall be utilizing and maintaining on the Premises back-up power batteries (e.g.,lead-acid batteries),emergency temporary transportable power generators(in accordance with Section 10.1), and properly stored, reasonable quantities of fuel for the emergency temporary transportable power generators (in accordance with Section 10.1), and cleaning solvents (all in accordance with applicable Laws) and that the presence, use, maintenance and disposal of such items in accordance with applicable Laws shall not constitute a violation or breach of this Section 16. 17. INSURANCE. Tenant shall obtain and maintain at its sole cost and expense for the duration of this Lease insurance pursuant to the terms and conditions described in this Section 17_ 17.1 Minimum Insurance. Tenant shall at all times during the term of this Lease carry,maintain,and keep in full force and effect,insurance as follows: (a) General Liability. A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Three Million Dollars($3,000,000)combined single limit per occurrence for any injury to persons, death, loss and/or damage to property in or about the Premises by reason of the use and occupation by Tenant or by any other person or persons of the Premises. 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. Not more frequently than once each three years, if, in the reasonable opinion of the insurance broker or consultant retained by City,the amount of commercial general liability insurance coverage at that time is not adequate, Tenant shall increase the insurance coverage as required by City's insurance broker or consultant. -13- Site Name:SD460 Rancho Sports Park Business Unit#:827593 (b) Automobile Liability. A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of$1,000,000 combined single limit per accident for bodily injury and property damage covering any vehicle utilized by Applicant in performing the work covered by this Lease. (c) Workers' Compensation and Employer's Liability. Workers' compensation limits as required by the Labor Code,and Employer's Liability limits of$1,000,000 per accident. (d) Fire. Tenant shall, at Tenant's sole cost and expense, obtain and at all times during the term hereof maintain in effect, insurance covering: (a)the improvements to the Premises made by or on behalf of Tenant, at Tenant's expense under this Lease; (b) fixtures, furnishings,and equipment located on the Premises;and(c)all alterations,additions,and changes made in or to the Premises during the term of this Lease at Tenant's expense,providing protection to the extent of not less than the insurable value of all such items against any peril included under insurance industry practices in the jurisdiction of the Premises within the classification "fire and extended coverage,"together with insurance against vandalism,malicious mischief,and sprinkler leakage or other sprinkler damage. Tenant hereby waives and releases any and all rights of action for negligence against City which may hereafter arise on account of damage to the Leased Premises or to the Property, resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with extended coverage,regardless of whether or not,or in what amounts, such insurance is now or hereafter carried by City, and such policies of insurance shall contain an appropriate provision recognizing this release by Tenant. 17.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions shall be commercially reasonable. 173 Other Insurance Provisions. The policies shall contain, or be endorsed to contain,the following provisions: (a) General Liability,Automobile Liability Coverage. (i) City, Temecula Community Services District, and City's elected and appointed City Council members, and each of City's, and each of District's, boards, commissions, officers, officials, agents, consultants, employees and volunteers shall be named as an additional insured on all required insurance policies, except for Workers' Compensation, Employer's Liability, fires and extended coverage policies. (ii) Tenant's insurance coverage shall be primary insurance as respects City, Temecula Community Services District, and City's elected and appointed City Council members, and each of City's, and each of District's, boards, commissions, officers, officials, agents, consultants, employees and volunteers. Any insurance or self-insurance maintained by City, Temecula Community Services District, City's elected and appointed City Council members, and each of City's, and each of District's, boards, commissions, officers, officials, employees, agents, consultants or volunteers shall be excess of Tenant's insurance and shall not contribute with it. Tenant's policies of insurance concerning the Premises shall waive the insurer's right of subrogation against City. -14- Site Name:SD460 Rancho Sports Park Business Unit#:827593 (iii) Any failure of Tenant to comply with reporting provisions of the policies shall not affect coverage provided to City,Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, City's elected and appointed City Council members, and each of City's, and each of District's, boards, commissions, officers, officials,agents, consultants,employees or volunteers. (iv) Tenant'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. Each insured,including an additional insured,is subject to all policy terms and conditions and has an obligation,as an additional insured,to report claims made against them to the insurance carrier. (b) Worker's Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against City,Temecula Community Services District, City's elected and appointed City Council members, and each of City's, and each of District's,boards, commissions,officers, officials,agents, consultants, employees and volunteers for losses arising from work performed by Tenant on the Premises and Property. (c) AU Coverages. Each insurance policy required by this Section 17 shall be endorsed to state that coverage shall not be cancelled,except for non-payment of premium, before thirty(30)days' prior written notice has been given to City. Tenant agrees that it will not cancel or reduce such insurance coverage. In the event permittee's insurance required pursuant to this Section 17 is reduced or canceled for any reason,permittee shall notify City in writing within five(5)days of such reduction or cancellation. 17.4 Acceptability of Insurers. Insurance shall be placed with insurers with an A.M. Best's rating of no less than A-:VII. 17.5 Verification of Coverage. At all times during the term of this Lease and prior to taking possession of the Premises, Tenant shall furnish City with certificates of insurance and with copies of original policy endorsements effecting coverage required by this Section 17. The certificates for each insurance policy are to be signed by a person,either manually or electronically, authorized by that insurer to bind coverage on its behalf. All certificates and applicable endorsements are to be received and approved by City before work commences. City reserves the right to review all required insurance policies, at any time after providing a reasonable written notice to Tenant. NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY CONTAINED IN THIS LEASE, TENANT SHALL NOT HAVE THE RIGHT TO TAKE POSSESSION OF THE PREMISES UNTIL SUCH CERTIFICATE OR CERTIFICATES ARE FILED WITH THE CITY CLERK OF CITY. 17.6 Indemnification Not Limited. Any insurance required to be obtained and maintained by Tenant under this Lease shall not limit in any way Tenant's indemnification obligations under Section 15 and Section 16. 17.7 Lapsed Insurance. Tenant agrees that if it does not keep such insurance in full force and effect, City may, after ten (10) days written notice to Tenant, take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed to be a part of -15- Site Name:SD460 Rancho Sports Park Business Unit#:827593 the rental of the Premises in addition to the usual monthly rent and payable as such within ten(10) days after written demand from City, including reasonably supporting documentation. 17.8 In the event the Lease Term exceeds fifteen years, City shall have the right to increase the minimum insurance limits once after the fifteenth (15th) year by providing written notice to Tenant; provided,however, such increase shall be commercially reasonable. 17.9 Insurance Obligations for Secondary Parties. In the event Tenant hires any subcontractors, independent contractors or agents ("Secondary Parties") to locate, place, attach, install, operate, use, control, replace, repair or maintain the Wireless Telecommunications Facility in or about the Premises, Tenant shall require and cause the Secondary Parties to obtain and maintain the insurance and policy limits required by Section 17. It shall be Tenant's responsibility to ensure compliance with this Section 17.9. 18. Reserved. 19. RIGHT OF ACCESS. 19.1 City and City's officers, employees, consultants, and agents shall, upon not less than forty-eight(48)hours prior written notice to Tenant,except in the event of emergency in which case no prior notice shall be required(but City shall notify Tenant of such access as soon as possible thereafter), have at all reasonable times the right to enter the Premises for the purpose of inspecting the same,posting notices of non-responsibility or any other notices required by Law for the protection of City,doing any work that City is permitted or required to perform under this Lease, and making any reasonable maintenance or repairs to the Premises that City determines may be required; provided that Tenant shall be permitted to accompany City during any entry onto the Premises if Tenant makes someone available to do so. Any inspection of the Premises shall be performed while in the presence of a Tenant representative provided Tenant makes a Tenant representative available for that purpose. Tenant shall provide City with keys allowing access to any locked portions of the Premises;provided,however,that City shall not be permitted to use such keys to access the Premises except after giving the notice required by this Section 19 or unless in the event of an emergency. In conducting its activities on the Premises as allowed in this Section 9 City shall use good faith efforts to attempt to minimize the inconvenience, annoyance or disturbance to Tenant, but City shall not be liable therefor. Tenant shall not be entitled to an abatement or reduction of rent if City exercises any rights reserved in this Section 19. 19.2 Tenant shall provide to City, and maintain current, an emergency telephone number at which a live person is available twenty-four(24)hours per day,seven(7)days per week who is capable of causing an immediate response by Tenant in the case of an emergency. The initial emergency contact person is: Landowners Help Desk Phone Number: 866-482-8890 Site identifier Number: 879871 which may be changed by Tenant upon written notice to City. -16- Site Name:SD460 Rancho Sports Park Business Unit#:827593 20. TAXES AND ASSESSMENTS. 20.1 TENANT RECOGNIZES AND UNDERSTANDS THAT THIS LEASE MAY CREATE A POSSESSORY INTEREST SUBJECT TO TAXES LEVIED UPON SUCH INTEREST. Tenant shall pay or cause to be paid, before delinquency, any and all taxes and assessments levied and assessed against its interest in the Premises, upon all Tenant's leasehold improvements, equipment, furniture, fixtures, and any other personal property located in or on the Premises, or which may become a lien against the Tenant's interest in the Premises or its property. Tenant shall co-operate with the Riverside County Assessor in providing any information necessary for the Assessor to make a property tax determination. 20.2 If for any reason Tenant's Wireless Communications Facility is assessed for tax purposes as part of Property, Tenant shall reimburse City any increase in City's taxes attributable to the value or cost of Tenant's Wireless Conununications Facility. Reimbursement shall be due thirty(30)days following Tenant's receipt of a written request and reasonable evidence of the increase. 21. RULES AND REGULATIONS. Tenant shall faithfully observe and comply with the rules and regulations that City shall from time to time promulgate and/or modify for the safety, care and cleanliness of the Property; provided that no rule or regulation shall prohibit use the Premises for a Wireless Telecommunications Facility. The rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant. If there is a conflict between the rules and regulations and any of the provisions of this Lease,the provisions of this Lease shall prevail. City shall make reasonable efforts to enforce the rules and regulations uniformly against all tenants at the Property; however, City shall not be responsible to Tenant for the nonperformance of any rules and regulations by any other lessees,occupants,members of the public,or any other users of the Property. 22. TENANT'S DEFAULT. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant: 22.1 Tenant's Wireless Telecommunications Facility ceases to provide wireless telecommunications services for one-hundred and eighty(180)or more consecutive days; 22.2 The failure by Tenant to make any payment of rent or any other payment required to be made by Tenant hereunder, as and when due,where such failure shall continue for a period of five(5) business days after written notice thereof is given to Tenant by City; 22.3 The failure by Tenant to observe or perform any of the covenants,conditions or provisions of this Lease to be observed or performed by Tenant, other than described in Section 22.2 above,where such failure shall continue for a period of thirty(30)days after City gives written notice of such failure to Tenant; provided, however, that if the nature of Tenant's default is such that more than thirty(30)days are reasonably required for its cure,then Tenant shall not be deemed to be in default if Tenant commences such cure within such thirty (30) day period and thereafter diligently prosecutes such cure to completion;or 22.4 The making by Tenant of any general assignment or general arrangement for the benefit of creditors;or unless prohibited by Bankruptcy Law or other paramount Law,the filing -17- Site Name:SD460 Rancho Sports Park Business Unit#:827593 by or against Tenant of a petition to have Tenant adjudged a bankrupt,or a petition or reorganization or arrangement under any Law relating to bankruptcy(unless,in the case of a petition filed against Tenant,the same is dismissed within sixty(60)days); or the appointment of a trustee or a receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within thirty (30)days. 22.5 A violation of Section 14. 23. REMEDIES ON DEFAULT. 23.1 In the event of any such default or breach by Tenant, City may at any time thereafter, in its sole discretion, with or without notice or demand and without limiting City in the exercise of a right or remedy which City may have by reason of such default or breach, terminate Tenant's right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to City. Upon such termination,City shall be entitled to recover from the Tenant: (a) The worth at the time of award of the unpaid rent which had been earned at the time of termination; (b) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that the Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the then current term after the time of award exceeds the amount of such rental loss that the Tenant proves could be reasonably avoided; and (d) Any other amount necessary to compensate City for all the detriment proximately caused by the Tenant's failure to perform its obligations under the lease or which in the ordinary course of things would be likely to result therefrom. 23.2 The "worth at the time of award" of the amounts referred to in paragraphs (a) and (b) of Section 23.1 is computed by allowing interest at the lesser of ten (10%) percent per annum or the maximum rate permitted by Law. The worth at the time of award of the amount referred to in paragraph(c)of Section 23.1 is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one(1%)percent. 24. DEFAULT BY CITY. City shall not be in default unless City fails to perform obligations required of City within thirty (30) days after Tenant gives City written notice specifying wherein City has failed to perform such obligation;provided,however,that if the nature of City's obligation is such that more than thirty(30)days are required for performance then City shall not be in default if City commences performance within such thirty (30) day period and thereafter prosecutes the same to completion in good faith. -18- Site Name:SD460 Rancho Sports Park Business Unit it.827593 25. LIMITATION OF CITY'S LIABILITY. In no event shall City be liable to Tenant or any of Tenant's officers,partners,affiliates,subsidiaries,customers,lessees,tenants,sublessees, subtenants, assignees, agents, representatives, contractors, servants, or employees for any lost revenue, lost profits, anticipated profits, penalties of any kind or description, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, or monetary damages of any kind, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. 26. RECONSTRUCTION. In the event Tenant's improvements on the Premises, or the Premises,are damaged by fire or other perils,Tenant shall promptly repair and restore Tenant's wireless Telecommunications Facility,or alternatively,Tenant shall have the option to give notice to City at any time within sixty(60)days after such damage,terminating this Lease as of the date specified in such notice(which date shall be no more than thirty(30)days after the giving of such notice). In the event of giving such notice, this Lease shall expire and all interest of Tenant in the Premises shall terminate on the date so specified in such notice. 27. EMINENT DOMAIN. If all of the Premises shall be taken or appropriated by any authority under the power of eminent domain,this Lease shall terminate upon such taking. If only a portion of the Premises shall be taken,Tenant shall have the right,at its option,within sixty(60) days after such taking, to terminate this Lease upon ninety (90)days' notice. If Tenant does not elect to terminate as herein provided,the rent thereafter to be paid shall be equitably reduced. In the event of any taking or appropriation whatsoever, City shall be entitled to any and all awards and/or settlements that may be given (other than Tenant's separate awards for the taking as set forth below), and Tenant shall have no claim against City for the value of any unexpired term of this Lease. Nothing herein shall limit Tenant's legal right to prosecute a separate claim in the condemnation proceeding for any relocation award to which it may be entitled or for any improvement,trade fixtures or other fixtures which Tenant is entitled to remove at the termination of the Lease and which are subject to the taking, for the unamortized cost of any improvements paid for by Tenant and for any relocation or other business disruption loss Tenant incurs as a result of such taking. 28. NOTICE. Except as otherwise required by Law, any notice, request, direction, demand, consent, waiver, approval or other communication required or permitted to be given hereunder shall not be effective unless it is given in writing and shall be delivered (a) in person, (b) by certified mail, postage prepaid, return receipt requested, or(c) by a commercial overnight courier that guarantees next day delivery and provides a receipt,and addressed to the Parties at the addresses stated below, or at such other address as either Party may hereafter notify the other in writing as aforementioned: Tenant: T-Mobile West Tower LLC c/o Crown Castle USA Inc. Attn: Legal Department—Real Estate 2000 Corporate Drive Canonsburg, PA 15317 -19- Site Name.SD460 Rancho Sports Park Business Unit# 827593 City: City of Temecula 41000 Main Street Temecula, California 92590 Attention:City Manager with a copy to: Richards,Watson& Gershon,P.C. 355South-Oratrd Avenue-,-40th Floor-- Los Angeles,California 90071-3101 Attention: Peter Thorson,City Attorney Service of any such notice or other communications so made shall be deemed effective on the day of actual delivery(whether accepted or refused),as shown by the addressee's return receipt if by certified mail,and as confirmed by the courier service if by courier;provided,however,that if such actual delivery occurs after 5:00 p.m.(local time where received)or on a non-business day, then such notice or demand so made shall be deemed effective on the first business day following the day of actual delivery. No communications via facsimile or electronic mail shall be effective to give any notice,request,direction,demand,consent,waiver,approval or other communications under this Lease. 29. SUCCESSORS. Each and every one of the terms,covenants,and conditions of this Lease shall inure to the benefit of and shall bind,as the case may be,not only the Parties,but each and every one of the heirs,executors,administrators,successors,assigns,and legal representatives of the Parties;provided,however,that any subletting or assignment by Tenant of the whole or any part of the Premises or any interest therein shall be subject to the provisions of Section 14. 30. 1-HOLDING OVER. If Tenant, with City's written consent, remains in possession of the Premises after expiration or termination of the Lease Term,such possession by Tenant shall be deemed to be a month-to-month tenancy, terminable on thirty (30) days' notice given at any time by either Party,at a monthly rental equal to one hundred fifty percent(150%)of the Monthly Rent in effect immediately prior to expiration or termination. All provisions of this Lease except those pertaining to rent and term shall apply to the month-to-month tenancy. 31. SURRENDER. City agrees and acknowledges that all of the Wireless Telecommunication Facility, including, without limitation, antenna structures (except footings), equipment,conduits,fixtures and personal property of Tenant installed or placed by Tenant in the Premises shall remain the property of Tenant ("Tenant's Property"), and Tenant shall have the right to remove Tenant's Property at any time during the term of this Lease, whether or not such items are considered fixtures and attachments to real property under applicable Laws, provided that Tenant promptly repairs any damage caused by or related to such removal. Upon the expiration or within ninety (90) days after the earlier termination of the term of this Lease ("Removal Period"),Tenant shall surrender the Premises to City in the same condition as received at the start of the Original Lease, with all hardscape,landscape and irrigation restored,reasonable wear and tear excepted, and with the Tenant's Property removed and all damage caused thereby, or related thereto, repaired, and any foundation removed down to two feet below grade level. If such Removal Period causes Tenant to remain on the Premises after expiration or earlier -20- Site Name:SD460 Rancho Sports Park Business Unit H:827593 termination of this Lease, the provisions of Section 30 shall apply until such time as the removal of the Wireless Telecommunications Facility is completed. If improvements or equipment remain after the Removal Period ends, City may remove and dispose of such improvements, equipment, or both, without liability to Tenant,and repair the Premises. Tenant shall reimburse City for such removal,disposal,and repair within ten(10)days after written demand from City. The obligations set forth in this Section 31 shall survive the expiration or earlier termination of this Lease. 32. ESTOPPEL. Each Party shall deliver to the other, at its request, an estoppel certificate in a form reasonably satisfactory to the requesting Party stating that this Lease is in full force and effect,that the requesting Party is not in default hereunder,except as otherwise specified, the monthly rent then payable,and the dates to which rent has been paid. 33. BROKERS. Each Party represents that it has not had dealings with any real estate broker, finder or other person performing the functions of a broker or finder, with respect to this Lease in any manner. Each Party(an"Indemnifying Party")shall hold harmless the other Party from all damages resulting from any claims that may be asserted against the other Party by any broker, finder or other person with whom the Indemnifying Party has or purportedly has dealt. 34. RELOCATION. Relocation. Commencing at the end of the second Extended Term, in the event that City determines in good faith that the Premises are needed by City for public purposes, City shall have the one-time right to require the relocation of Tenant's Facilities, or any part thereof, to an alternate ground location provided that (i) the relocation shall be performed exclusively by Tenant or its agents at Tenant's sole cost and expense during the Relocation Period, as defined below, (ii) the relocation shall not result in any interruption of the communications services provided by Tenant to its customers, including, but not limited to, Tenant's continuous access,maintenance and operation of Tenant's Facilities,until such time that all tenants, subtenants and sublicensees that have been permitted by this Lease are successfully relocated, and (iii) the relocation shall not impair, or in any manner alter, the quality of communications services provided by Tenant to its customers on and from the Relocation Site as defined below. 34.1 Relocation Process. To exercise the relocation rights, City shall provide written notice to Tenant any time after the end of the second Extended Term, but not less than twelve(12)months prior to the date City desires the relocation to be completed,and in such notice City shall propose an alternate site to which Tenant may relocate the Tenant Facilities ("Alternate Site Location"). Tenant shall have forty-five (45) days from the date of the notice to evaluate the Alternate Site Location, including, but not limited to, conducting tests to determine the technological feasibility of the Alternate Site Location and obtaining written approval of all wireless telecommunications providers on the Premises that have been permitted by this Lease. If Tenant fails to approve the Alternate Site Location in writing within said forty-five(45)day period,Tenant will be deemed to have disapproved such Alternate Site Location. If Tenant disapproves such Alternate Site Location, City may, but is not required to, propose another Alternate Site Location by providing notice to Tenant in the manner set forth above. Upon Tenant's approval of any proposed Alternate Site Location, Section 34(iii) shall be deemed satisfied, and both parties will enter into a written amendment to this Agreement substituting the Alternate Site Location ("Relocation Site") for the Leased Premises, along with conforming changes to the Conduit Easement Areas and the Access Easement Areas, if necessary, and allowing Tenant to temporarily -21- Site Name:SD460 Rancho Sports Park Business Unit#:827593 use and occupy both the current Premises and the Relocation Site during the Relocation Period. City shall undertake good faith efforts to provide an Alternate Site Location acceptable to Tenant. If City determines that no Alternate Site Location is available, if Tenant does not approve an Alternate Site Location proposed by City, if Tenant does not promptly file applications for all required Governmental Approvals for the Tenant-approved Alternate Site Location and diligently pursue same to approval, or if the written amendment substituting the Relocation Site for the Premises is not entered into by the Parties within forty-five(45)days following Tenant's approval of an Alternative Site Location,City may,upon ninety(90)days' written notice in accordance with the notice requirements set forth in Section 28 of the Lease,terminate the Lease. 34.2 Relocation Period. The "Relocation Period" shall mean that period of time commencing on the date Tenant has received all required permits and approvals for the Relocation Site and ending ninety(90)days thereafter. The relocation of Tenant's Facilities to the Relocation Site shall be substantially completed within the Relocation Period,to the extent reasonably feasible. The then-current Rent shall be reduced by fifty percent(50%)during the ninety(90)day Relocation Period. 35. GENERAL PROVISIONS. 35.1 Exhibits. All Exhibits referenced in this Lease are incorporated as though set forth in full in this Lease. 35.2 Waiver. The waiver by City or Tenant of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition contained in this Lease. The subsequent acceptance of rent under this Lease by City shall not be deemed to be a waiver of any preceding default by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular rental so accepted, regardless of City's knowledge of such preceding default at the time of the acceptance of such rent. 35.3 Modification. Any modification or amendment to this Lease shall be of no force and effect unless it is in writing and signed by the Parties or their respective successors in interest. 35.4 Joint Obligation. If more than one person or entity comprises Tenant, the obligations hereunder imposed shall be joint and several as to each such person or entity. 35.5 Construction: Captions. The Parties agree that this Lease is the project of joint draftsmanship and that should any of the terms be determined by a court, or in any type of quasi-judicial or other proceeding, to be vague, ambiguous and/or unintelligible, that the same sentences,phrases, clauses or other wording or language of any kind shall not be construed against the drafting party in accordance with California Civil Code Section 1654, and that each Party to this Agreement waives the effect of such statute. The captions and section titles to the sections of this Lease are not a part of the Lease and shall have no effect upon the construction or interpretation of any part of this Lease. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. -22- Site Name:SD460 Rancho Sports Park Business Unit#:827593 35.6 Time. Time is of the essence with respect to the performance of this Lease and each and all of its provisions in which time is a factor. 35.7 Prior Aareements: Effective Agreement. This Lease contains all of the agreements of the Parties with respect to the subject matter covered by in this Lease. All prior and contemporaneous agreements,representations,negotiations,and understandings of the Parties,oral or written, relating to the subject matter covered by this Lease, are merged into and superseded by this Lease. This Lease shall not be effective or binding on any Party until approved by the City Council of the City of Temecula and fully executed by both Parties. 35.8 Inability to Perform: Force Majeure. The time stated in this Lease for the performance of any act(other than the payment of money)by either Party shall be extended for the period of time that the Party shall be delayed or prevented from performing by reason of strikes, acts of nature, or any causes beyond the reasonable control of the Party claiming the extension (excluding inability to make payments),provided that the Party claiming the extension has notified the other of such delay or prevention within fifteen (15) days of the inception thereof, and has thereafter notified the other Party of the status of such delay or prevention not less often than once every fifteen(15)days. 35.9 Partial Invalidity. Any provision of this Lease which shall be held by a court of competent jurisdiction to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision hereof and such other provisions shall remain in full force and effect;provided, however,in the event a court of competent jurisdiction in a final judicial action determines that the provisions providing for the payment of Monthly Rent is invalid, void, or illegal, City in its sole and absolute judgment may, within one-hundred and twenty (120) days of such decision, unilaterally terminate this Lease by written notice to Tenant. 35.10 Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall,whenever possible,be cumulative with all other remedies at law or in equity. 35.11 Governing Law and Venue. This Lease shall be interpreted and enforced according to, and the Parties rights and obligations, including any non-contractual claims, shall be governed by the domestic law of the State of California,without regard to its laws regarding choice of applicable law. Any proceeding or action to enforce this Lease shall occur in the federal court with jurisdiction over Riverside County and the state courts located in Riverside County,California. 35.12 Attorneys' Fees. If legal action is brought by either Party because of a breach of this Lease or to enforce a provision of this Lease, the prevailing party is entitled to recover reasonable attorneys' fees and court costs. 35.13 Survival of Terms. All of the terms and conditions in this Lease related to payment, removal due to termination or expiration, insurance, indemnification, hazardous substances, limits of City's liability, attorneys' fees and waiver shall survive expiration or earlier termination of this Lease. 35.14 Authority of Tenant. If Tenant is a limited liability company,each individual executing this Lease on behalf of such limited liability company represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of such limited liability company, in -23- Site Name:SD460 Rancho Sports Park Business Unit#:827593 accordance with the formation and organizational documents of such limited liability company,and that this Lease is binding upon such limited liability company. 35.15 City's Approvals. Neither City's execution of this Lease nor any consent or approval given by City hereunder in its capacity as City shall waive, abridge, impair or otherwise affect City's powers and duties as a governmental body. Any requirements under this Lease that Tenant obtain consents or approvals of City are in addition to and not in lieu of any requirements of law that Tenant obtain governmental approvals or permits. (a) The City Manager shall have the authority,but not the obligation,to give all consents and approvals on behalf of City. 35.16 No Third Party Beneficiaries. The Parties shall not be obligated or liable under this Lease to any Party other than each other. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 35.17 Memorandum of Lease. Concurrently with its execution and delivery of this Lease, Tenant shall also execute and deliver to City a memorandum of lease in the form attached hereto as Exhibit H (duly acknowledged by a notary) which City may then execute and record. Upon the expiration or termination of this Lease Tenant shall, immediately on City's request, execute and deliver to City a quitclaim deed to the Premises, in recordable form,designating City as transferee. [Signatures appear on following page] -24- Site Name:SD460 Rancho Sports Park Business Unit#:827593 IN WITNESS WHEREOF,the Parties hereto have executed this Lease as of the date first above written. CITY: CITY OF TEMECULA, a California municipal corporation By: Matt Rahn Mayor ATTEST: Randi Johl City Clerk APPROVED AS TO FORM: Peter Thorson City Attorney TENANT: T-MOBILE WEST TOWER LLC,a Delaware limited liability company By: CCTMO LLC,a Delaware limited liability company Its: Attorney In Fact By: C.y4.• G; / %1 Name Lisa A. Seth ' Title Senior Transaction Manager REMINDER: Tenant must provide evidence of authorization acceptable to the City setting forth number of signers required on behalf of Tenant and the names of authorized signers for Tenant -25- Site Name:SD460 Rancho Sports Park Business Unit#:827593 EXHIBIT A DESCRIPTION OF PROPERTY 53.90 ACRES M/L IN POR E 1/2 OF SEC 7 T8S R2W FOR TOTAL DESCRIPTION SEE ASSESSORS MAPS. Site Name:SD460 Rancho Sports Park Business Unit#:827593 EXHIBIT B DESCRIPTION AND DEPICTION OF LEASED PREMISES LEASE AREA DESCRIPTION (AS-SURVEYED) THAT CERTAIN PARCEL OF LAND SITUATED IN THE UNINCORPORATED TERRITORY ON THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING THAT — - -- PORTION-OF-THE RANCHO OF TEMECULA-GRANT ED-BY-TNT-OF THE --- UNITED STATES OF AMERICA TO LUIS VIGNES BY PATENT DATED JANUARY 18, 1860 AND RECORDED IN BOOK 1 PAGE 37 OF PATENTS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF RANCHO VISTA ROAD AND MARGARITA ROAD; THENCE SOUTH 42 DEGREES 29 MINUTES 16 SECONDS EAST, ALONG THE CENTERLINE OF MARGARITA ROAD,A DISTANCE OF 525.65 FEET TO A POINT;THENCE SOUTH 47 DEGREES 40 MINUTES 44 SECONDS WEST,LEAVING SAID CENTERLINE, A DISTANCE OF 55.00 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF MARGARITA ROAD; THENCE CONTINUING SOUTH 47 DEGREES 40 MINUTES 44 SECONDS WEST, LEAVING SAID RIGHT-OF-WAY LINE, A DISTANCE OF 139.24 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET; THENCE ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 10 DEGREES 38 MINUTES 40 SECONDS AN ARC LENGTH OF 37.16 FEET TO A POINT; THENCE SOUTH 52 DEGREES 57 MINUTES 56 SECONDS EAST,A DISTANCE OF 24.71 FEET TO THE POINT OF BEGINNING;THENCE NORTH 29 DEGREES 58 MINUTES 27 SECONDS EAST,A DISTANCE OF 8.50 FEET TO A POINT; THENCE SOUTH 60 DEGREES 01 MINUTES 33 SECONDS EAST, A DISTANCE OF 17.00 FEET TO A POINT; THENCE SOUTH 29 DEGREES 58 MINUTES 27 SECONDS WEST, A DISTANCE OF 41.00 FEET TO A POINT; THENCE NORTH 60 DEGREES 01 MINUTES 33 SECONDS WEST, A DISTANCE OF 17.00 FEET TO A POINT; THENCE NORTH 29 DEGREES 58 MINUTES 27 SECONDS EAST, A DISTANCE OF 32.50 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.016 ACRES (697 SQUARE FEET) OF LAND MORE OR LESS. PROPERTY OWNER CITY OF TEMECULA COMMUNITY SERVICE DISTRICT 41000 MAIN STREET TEMECULA, CA 92590 PROPERTY ADDRESS 42775 MARGARITA RD. TEMECULA,CA 92592 PARCEL NUMBER AND MISCELLANEOUS INFORMATION APN#945-050-014 (Survey Follows) Site Name:SD460 Rancho Sports Park Business Unit N:827593 MI ti) i. a. co yI A 0. y at OWNER INFORMATION ZONING TOSURVEY opp $ N AREA SUMMARIES Acadian Rada Pap�7T.n.c,. MT Cf LaEQAA CO AAHT SEAMC9 06I.CT O.OM Oft esOos de.akdba a1 N Pahl Poled a Area S.F. Acres _ Rook_ (arta _ U _^'� M P.O.o..9011 P1f 4,411..Path ad MavMlm)b as ala al Iane.4A PON:CROR4 CAMS W _ _ w•.ya A.` Nen.,/.Co 97569 CA(Pa Ory d 1.t.44 Z'.i NO) aaa.tM' Pmcd 2.454.523 56.340 WC:504011 RANCHO SPORTS PARE S ` 1 Access Eoawm.an 2.413 0.055 OUH;027607 c PROPERTY INFORMATION FLOOD INFORMATION 1111111y&•.naad 92.25 0.002 ADDRESS:42775 Margarita Rd. By \ 17775 Ysgwl.Pal louse Mao 697 0.016 Tom:outs CA 92502 fainao CA 97A7 01 4 6. P>•1y9 WF.C '.. 7y..laaae'e ar•,.. Na•e•Ide Count) �1 �M a �945-0.10-014 4 09 Rh/0 samh Mak bap,Co erma•.r.I 2 So tV165C �e VICINITY MAP ' Oat,at noadd 601 at•11'9 a*R'"Arta aM Aayhi to 2004 r a CROWN NOT 10 SOU g.aad 11w/1l>oM A n Cr:CASTLE N %,...rua c tar MoueroN.tx neer • w.m.at Norm Nwors,aousCan la Mr. E UNDERGROUND UTNJTIES Pad SURVEYIGErL\GIN ,INC.lk Irl'mow 0411 ra..et.. i Nva,pan te.a,.i.M.♦Na,a..a as►Ya BEFORE YOU DIG •Mvnr.ti:aci ouoow DU.1-600-227-2600 ROLA TKO CAIIORNA UNOgd10UN0 MANCE MEAS 9aaa CEnr A.,. PROPERTY DETAIL 9um7rr WORK PwORRIO Rn 11OI7-10316IR9 Fa.l a IbY 4•.4. 1� O+APP5• 41 SCALE « J.V.c'vrveylnq WO OC cram man. ' 'is e. it N Al navel a•Iaw;+r a«c�n.r is 01S- �e Miriii‘ ImNRI NM Rl4-Sua IN Taal a Rad a�} 1 Tab.MR 51.p1.,MDIs 33.114 \l'. Ra.(s01 211-ISS)fa PN 799.6975 A ��' SURVEYORS NOTES RANCHO VISTA ROAD ' rya I.7M maim,1.d Moan o.. Lae'Pah 901) // 40 . MOO kes,b IM ca1MR4 d W a Rd II m barn S 4?4194.1 79 Mamba C, \v". 76 .\ 2.hoc..* LIME 0a. of 20141 41027.1. 7.M•reaaa bMefl 90. •aa yaNlred• ` \/ h lana med.9aw.d.liitln M mlNka Y NAP Mem kn.as boiled to and ate P. 7,. .11N...4 a.Nn:e cal, o 1..hal.M 1.t ovve an,a ONNall Omit 5.9mI2 �14 i�4,,94..II..,. Patel Patel 'St�; ..........a amurad Olga Ne ! d.hhd an. "°.945-010-006 ascot Paid 10 t, 7 SURVEYOR'S CERTIFICATE .O I tardy ca0My to N Oho Conte and(I) /919915-095-011 \ Slows Oh Osanty C40p01 0444 IN, fa!land Nn come yawl,N 4.44..Mae my tMM111., 47.454,5)1 Soo.Pert-56.116 Kana \ •/,:-:��i _-2 5 .0 Albs 11.41114 of S..1 4-7-17 Ma 4-21-11 ,4Ot�a.0 APR-.915-050-OMB / MMISONSIME----.:\..... /r Y `m.'1 __. '- _ ! 9 4.h1 / art 945-a7o-019 .�-��.___.--. '(_Hi1..Ma)'.. e..ow flare Mr t es -----j ul,aMl�r • RVQ 4. Fong f Oat Shawl I o4 3 oo � Fa FS cs P. 41, TOWER SURVEY • ON Lb..lobo-Access(aura, ACCESS 8 UTILITY DETAIL N % tank. Ova Rancho of Tomoculs I�j C `' nof DoC,.1 Pepe 37 J Me 1►ttlw la9N CRAPNK'SCALP 8 (blOa C[ 011 LP _ NN.CROWN['AS17L Cp LI 51T 10'N'W SS 00• ,1 co t7 ,off Ir -yt� y SftL SW60 RANCHO SPORTS PARC 12 557'sr sdZ 7171• I rr s 7M1 j`a{ // �L, DUN.627609 y N ADDRESS:.12775 Margo/14a Rd. µ // / Si Tamoaula,CA wain V.TAW-CIW,E.,..n: // // , 4e n7 ID.aMda Couo67 bw. nttlw lwgn // // ,Ro CROWN LI S17'/D/1'W SS OU / // '� r71G...p.olt WTI CASTLE00 Noa .0 reel U I8IT OS'WI 21 SS' / 94' // COMPOUND DETAIL :meow.aim a>mtaa Cal.aeeaIWN Oh // ` / o*Ad'loc G L•L I N L'' / if• / >n SURVEYING,INC. U',T I.-lar Am / 1¢i / ♦ Lia ( ,900.nTtoar3.en.ace. Ft MI LI. 1RMw LeegY, //4t.� j/ _ 1 yate4 17.1w MOW 1O! 24441 [pERYOR11p BY. LI 51T 10'M'W 55.00' /// / 1/4` - J.V.�urveglnq 1/4 l7 557'ST 56'E 7171' / / dV ,,{.fA 1�ArtlY1 7sNT.SIV / \ PO& U tin'Se'77'E 570' // // N. lot: hob - SON,Mimi QUIZ. 75 15 560 Or 331 17,00' // // C' \ Mane(673)2014433 FEC(5731 70F6975 1A SW ST 721, 4100 / • \ •••••. )to.c.,, t,l ... / / c' SURVEYORS NOTES L7 e60'01':3'4 17.00 j Q / \ h,�•q - µd_ / \ ,,.. V Is I 1M ar.i.n a Iii .1 V shoo, LB n19'18'77t 7750' r` / Napo N No cnt.yc N..59.Ra. / ',i'' / \S. Iowan is Owns S.D.Ngnes 79 08111es / f S. 16 unlock"E p.Doc Na 7011-W65322. / / \ 7.No .$o8d 110..so al9hsnra \ .:a,tots.a t l...N i s W IS.prr 40 NI.01484 '1/4 *Ism'roldenct Mr a to sway don NOT..marl o ` //�e ail j SYMBOL LEGEND a w d.w rt. lwF.,nl and / �'‘ / loproo.4 t.r cmraetd 1004 Wa drniad Rea. %\\\ •/4 4,,c•% Coalmine c SURVEYOR'S CERTIFICATE \ , �t ; R.O.W. -Ri111 al.n7 1 booby c.I to(1)aa.n Coln and OR ! . -C..ant P,851 Woo hat Mown IN Ao.,I,Cocoon,IMI 1No 1/4 `\ P.O.0H/ aM Vend N.,'ti Mid,aNa ny \\ P.0 h. -Wp.sp Ibl � eVOWaC N. 11.011 \\ �• 5.47 -Anted 8181 1.nn1 1/4.,,, \ Q -11g1N _ ��f�---� • -Ib,o,sal(..d AC -4 ,d Cah1et S ad Srwp/INKa-7-171 © -(lisp C Nne ,ad 1-71-17 Q -NW,Potsld LA -foonsronon or. ' a -ptteeW. , ice Lig -01140 , ! -m 'i Lear hob Sr Conwand[told Li -Hain•44.2t 42. Grotto Ota to eAstc`�' Sheol 2 at 3 M1 CA 7.. v N (0 z CC N c P. Cn a, VEY ACCESS EASEMENT DESCRIPTION UTILITY EASEMENT DESCRIPTION - LEASE AREA DESCRIPTION Pat=a in Mind,**41 37 v (As-Survoycd) (ArSrveled) (M-Sux,ed) RMtl . .Rook I,PCCauey ^ AND FO A 1200 FOOT HOE ACCESS EASEMENT GER THAT CERTAIN HARCEL OF LA SOD OT 940E UTU1sM CRAM TY EASEIEor 4INA1 CRPARCEL 6 LA`D DIAl RATAN PARCEL O'606)SWAM)N INE UMYUW1N ORAIEU N11ONY PSI.CROWN 06541E 011191140 Tv 1HE 010100RPU0A110 TERRRORY ON INE COUNTY Cr 6TIERSA(. ATUAID 01 THE LKKCRPORAID IE77p1041 CN DE COUNTY OF RvEF•[E. CN TIE CRAM COP01EDME.STATE O CAEFOTY4,BFIVG 11(61 P0*6Ot OF 0804.00460 RANCHO SPORTS PARC W a [1( O O 516114 O CALIFORNIA.LIFOEM 0A. G 51(67 PO4110N ff M THE NLHO O 11340.11.0O A Sf4E (1(1014'16 ONG MODON AT PI161(070 IF4ECIAA TIE RANG*OF 1141.2 CHEM/BY i1[C016:14107121874T O TRE LIMEDLIMED111324.827605 tltANIEO 05 TIE 00Y(RH6EN1 Cf TIE 061E0 SIRES Cf AOERICA TO LU5 GRANTED 81 1114 000FRNIEN1 O Et V541:0 STATES Cr 62141(6 03 LUIS 5161145 O 0(610,10 LUX NOES DY PATENT GATED AKAR?16,1660 ANO ADDRESS:49776 II It.Ad. 'O 6411115 01 PAMPA DALES JANUARY 18.1860 051)IEU)N 8000 CORCI PACE OGEES 131 IS M7 1 PA1(1 DAAWA/ 14 IID R0004ED 1860 RI ROOT 1 1467 6011 D N EN BOCK 1 PAGE 37 17 PATENTS N 00 DIE OFFICE IE(011111 1,614,ul., re 04307 37 O PAIENIS II THE OF1KE O 1114 COI415 NECCHLILR(F SAE CONTE 37 OF P0TE015 N DE 016E Cf 11E CONTE RECO/COI Or SKI S (01410. (COKER Of 54D COATI. Pull:.64 *04 PMIKAANQE OE56Wf1)AS Wm.ld.County 0 0 LANG 600 FEET 03 EACH SIDE CF THE FCLLONAG 0(509 EO(0111440414: LIN(2.50 FEET ON EACH SAE 00 TIE f01W71G CES(6RD C1NlEftIE ((UDR CROWN .D CORNENCEE Al THE C(0110(NE INTERSECDDN CF 1)61(000 14510 ROA.3 IRO C1OENW;G AT DE(01(1.15117 140000510N O R01443 USIA ROAD 090 CO LVIONG AT M CR1(70.34 NDR0ET:104 00 RM040 VISTA ROAD AAD .....CASTLE Ii MARGARITA ROAD. LIARS/A8)6 ROA0 AM1CflJ1IA ROM. ,:V4.003144t4 1.*II?00.O.5I01.Ts774." DEVICE WAN 47 0000015 29*MUTES 16 SECONDS UST ALGA 14 WOO 50211 42 0004115 29 WARS II SECONDS UST,MERG M REPO 50116 42 DUXES 29 NNU1F5 16 00(11115 EAST,AEON(11f „ MOST co411n4nav~ CENl(RUNE CF MARGARITA ROAD.A DISTANCE O 57565 FEF110 A PCNA; CEMEJBPE Cf 6ANG1TA ROAM,A DISTANCE CF 575.65 FEET TO A POP11, (0111461{Of 0ARGN8IA ROAD,A O5TN/CE Of 575.65 1101 I0 A 00111. (N,IL yL /I N/L 1/141((14 SOUTH 47 DECREES ID MN'UTES 11 SCONU5 1fS1.LE414NG SOE1 110.0E 51A71N 47 10.1:4875 10 IW1E5 44 3(0115 11456,LfAW4G SAE) 11ENCE 50210 47 DECREES 40 IFIKIE5 44 4001(05 TEST,ITAUNG SAID SURYL 1 I TNG,INC. 1/00 MY I)44,Ton ace.54r A A4...ft 5:.i 5 LENIERUNC,A 0576140E O 55001FL1 50 A PONT ON 114 50 8114(5114115 CENTEALM,A 1)51611(4 O 5500 RFT 10 A POINT ON 1114 50 141157 019 (0(1911.40 A 115761((14 Cr 5500 TUT 10 A PCM1 ON 11(1 9041D40151(16.r 114•1114 4,104041a.131014e20N4 NOT-OF-WAY ONE CF MARGARITA ROAD AND DE 1051 O IEOH4C; RI041-CF-WAY LP(O YARCNEIA ROAD. 65311-4-1149 UNE O 4ARCA031A ROAD; ..mo:cud..NV,Con WPM.*MC 1,1011111171 BY DEW/C051ntANG SOIDI 17 CECRFES 40 41121(5 44 SECODS ZEST, WINCE COl6.VP10 SMI!17 QCRIES M 16'611[5<(gCODS NEST. 111410E CONIPI.NC MOAN 17 0((114145 411 LEWES 44 yC01105 FEST, Gll LCAMNC 560 RIGHT-OF-FIAT LMC Clan A 0ISIANCE 13911 10 DE 114440 SAD R1011-00-UA7(Pt.A 14151660E a 03924 FLET TO RE UAW1G 5M)14001-a-840 Ll4,A OSTANCE NF 13924 FEET TO 1C .�,V r.otrq OECR;NNC O A TANCEN1 0203E TO RE Or HASNC A RN1US(f 00000 514(71(0'(O A 7411((41 OAK TO NE TUT 4441110 A RAMIS Or 70000 614146,/.11 O A IA DENT CUAYf 10 1C LEFT NASN(A RAOr15 OF 20300 L %41/, P V4 'NodrdoN FELT; FEET: 47M1. 1491511 111 Rd-SIF(175 alit 11ALON0 SAID CURIE TO 11(0 LEFT 1440041 A(0611141 Alai OF 10 1ENCE(CNC SAD RINK 10 ITE 1E11 5YRO TAI A CENTRAL INGE L1 CrII) 8414(4 06(11;SAD CLAY(70 TIF TUI 0469801 A FEND/AL 414(0 O(0 ID S 15174 460E CECAEES 38 010)1(5 40 SECONDS 00 ARC 810014 Cl'37 16 RFT 10 A PC4T; (( S 18 iRNIES 40%CORDS 61(ARC 11110/11 CO 37 16 FIE1 10 114 ((12400 38 1441(5 40 SECONDS AN ARC 10.4014 OF 3715 FEE!10 A PONT; I7NN 162!7 rs-19!! Im.(62.1)109-8925 PONT Cf 110$'f4G, HENCE 00014 52 DECREES 57 NIKES 56 3((405 FAST.A(8SIANQ CF DCA'5191 52 013400 57 411175 56 SECONDS EAS?,A 11510005 O SURVEYOR'S NOTES 21 7I FEET 10 THE(MINUS O 5E0 CEIIE7.VII AND CONINNNG 0055 WOO N0411 42 DEGREES 06 Miv1)10 18 514(0)O5 1457.A DISTANCE 47 /4 II fit ID TIE PONT O 1#001640, ACRES(2,113 SPORE FEET)OF LA/10 MORE OR 1155 1459 8IIT TO 114 119846615 O 5411 05016114 6740 COM0169C 0002 I.1,.o«ifn a dI 64rip.Noon ACRES(9125 50262E F111)CO LARD YORE CN LOSS, WILT NORM 24 MCEES 58 wants 71(REDS EAST.A 05tM0 O hoe.N 060 00.449,,01 6494014 Rd, 17€SPFLIAES Cr 51(0 ACCESS EASEUEN1 4145,BE[0 0,114140 Ce 850 FEET N 4 PORK. 144...1 hem)1 42&erne 7A,n?., 000070EC AS NECESSARY TO 1421(1(6114 ANY GAYS NO CAKES 0KA 14 D001411<8E11TRwL MAI P001011 196411/DN 11E ACCESS(0`16151 16 wcad E p4 004.Na 2014-005312 LEASE AREA AND TIE SOIINRESIEIQT NGN1-11-IAO TAE O MMCARIIA 11ERU 50114 60 DECREES 01 WOE 0 D 514(@115 1451.A(MARC(O 2.No 1(601144 114.690(60 en pafam41 11041 1700 FUT 10 A PR41, N 1414...140.4404 04044 M 01141.., 1(w.Io,,.r.NMN 1.441 re p4 1. HENCE 5C214 29 0458*5 56 1(047145 27 5E(ON05 9451,A 01510005 Or 5 114.1 0415 4_e '$ 4100 147 10 A POSIT, 3 141 1440 keel 1(]I oe'I 1 a [MIN 11041 Sm..41 IN Pool 1.01 • dn I(4*1 NOAH 66 00174[5 01 11.071(5 33%C005/E51.A DISTANCE 1(7 M Al 0040!4444.040N eelsLw 44.1 is 4e 1710!IIT 10 4 PAINTMa.e4.e;I 44 emlee11,b4d 0 nun 60116 29 CEQ€u 56 441111 27$C0105 CAST.A(85126(4 O SURVEYOR'S CERTIFICATE 32 50 FTET 10 11E PONT O BEER(AND CO5ANNNG 0016 AGES(697 I Neer 40164 I.(I)Rout OMR'8.1(0) SQUARE T111)00 1ND0 MORE OR 1155 SARs,14.Goal/Cxpa7 441 ten pea I salve/.,5 Meeh 4644 re, .41445.1 �,1, f 0.......14 41114 11 5r•.r 4-IT-17 4. N 4-24-17 �W .,Ao~ T 4V AA* N 1 1,,, r ►, _ ,f,.. OM 4jr4r w1/. Sheet .1 of.1 EXHIBIT C DESCRIPTION AND DEPICTION OF CONDUIT EASEMENT AREAS UTILITY EASEMENT DESCRIPTION (AS-SURVEYED) A 5.00 FOOT WIDE UTILITY EASEMENT OVER THAT CERTAIN PARCEL OF LAND SITUATED IN THE UNINCORPORATED TERRITORY ON THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING THAT PORTION OF THE RANCHO OF TEMECULA GRANTED BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA TO LUIS VIGNES BY PATENT DATED JANUARY 18, 1860 AND RECORDED IN BOOK 1 PAGE 37 OF PATENTS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTERLINE INTERSECTION OF RANCHO VISTA ROAD AND MARGARITA ROAD; THENCE SOUTH 42 DEGREES 29 MINUTES 16 SECONDS EAST, ALONG THE CENTERLINE OF MARGARITA ROAD,A DISTANCE OF 525.65 FEET TO A POINT;THENCE SOUTH 47 DEGREES 40 MINUTES 44 SECONDS WEST,LEAVING SAID CENTERLINE, A DISTANCE OF 55.00 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF MARGARITA ROAD; THENCE CONTINUING SOUTH 47 DEGREES 40 MINUTES 44 SECONDS WEST, LEAVING SAID RIGHT-OF-WAY LINE, A DISTANCE OF 139.24 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET; THENCE ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 10 DEGREES 38 MINUTES 40 SECONDS AN ARC LENGTH OF 37.16 FEET TO THE POINT OF BEGINNING;THENCE NORTH 42 DEGREES 06 MINUTES 18 SECONDS WEST,A DISTANCE OF 24.55 FEET TO THE TERMINUS OF SAID CENTERLINE AND CONTAINING 0.002 ACRES (92.25 SQUARE FEET) OF LAND MORE OR LESS; EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE ACCESS EASEMENT. PROPERTY OWNER CITY OF TEMECULA COMMUNITY SERVICE DISTRICT 41000 MAIN STREET TEMECULA,CA 92590 PROPERTY ADDRESS 42775 MARGARITA RD. TEMECULA,CA 92592 PARCEL NUMBER AND MISCELLANEOUS INFORMATION APN#945-050-014 (Survey Follows) Site Name:SD460 Rancho Sports Park Business Unit N:827593 CO v: 51. R A8-BULT SURVEY 0, Lee reale-Access Eawent ACCESS 8.UTILITY DETAIL N !' r, ►•tllst of th•Raw M a Tem•c.M Cop • 1 6 IooF I.pip•37 v Ler WeoLo LMA • GRAPHIC GALE e b p 7,' Rler�ld•Canty ROB:CROWN CASTES `At 9V. '''47;,1*-,.., 1 8721 50480 IaNC1l0 17021`8 PARC L. U or sr 51'8 2471' a ftswi m)R Is' ; ?�j' BUN,827593 7 N AD58855:42778 NnI•rlt•Id. N / q Temecula.CA 88508 o WfetAe- f•arw % / -•4• O Rivera/4o Coast, / / 10 CROWN l►. *Mon WO el,e,>, ,// -: r .''.. CASTLE LI'sir ST 44'1 6 I ,-- / •''.e• ONAV0Usu•R.NATION ttwnae n TNT r, LI NW Or 159 N55 ,� /i/ „`l COMPOUND DETAIL we°wr'sante I�x�lcwuu°t"n" � i IF* • *i • • •DR ac S0� SURVEYING,INC. f-_,.11.___ I n.e.t.. knee sere.Anew nnat! UN Rale-Moe ims •/ % 1 a CUT) µllll..Wlwl.t••eoa rw.le4l.n•leo orawesrr.at. IRO OW. LMA / + ; _ I loon..o R sunny raw?aroma Ifi 1.I Mr 45 WO 55.05 L2 SSr 6r 66T 2411• > / ,�` \ - POd ,///' • / / �� 1Pi"eja 14945{MRI-Sat.ItS U war SM 7)t QrA' / / ; i. `<?9"tT.-: Plo t On 10!•59.11 fa 623)201-!915 �;ca•,.. 4.}...,•� ten SURVEYOR'S NOTES •~../ // � S mo than IA N99.59'218 3I0 \=- M...•I.ter mlrb/:e d Wp•N.•( / AsoSdr \ Neon n•...i S V Aper 7i r.Au ``♦ 2 o/A E pe,Da:.Ire Bnn.tmskaatc est so5322 ncuS \ 43. to Mete•eeee:M•eattVi 4..Yee B A / l Oven!I*nal on FRI / ... / v'!: aeawd 5.5955 mar / / ,w\ !/ i / A u•mus beIlenees•Scars,NOT'<pra n,l a JJs in Cann Rand / •A` / / SYMBOL LEGEND on ,..ti w.hale Tae.Etnnnent.1 �� ✓ %•/�yp% taloned nine the &wind ones \^ 1 ...aaa"' 0.0 O� GL -Catnlhe yy..'4r•: , ;y�, / SURVEYOR'S CERTIFICATE / ` o / •� / R.0.99. 1 N :T' sy' fit-_, 01 -A91' nM I roar tour m(0 Mayan cnI et!(it 65 ; '.si7 Q. C \ P.0.0 -Catitwelnoo Pone * .-.j / SARA UN eA Pole nap ses.tW (/ / P.0.8. -8M e9F9 Powl ♦ 11,11.1.1 \\ S, � .42 / S.00 -SMA oetd I~ ' / 1 ulen7 Emmert \\\ ' Q -1305 I'd* NI Wits Feet at�•i - w�-� Ni 1 -*woos'f• ound t nd / L ^.+t W klme N•.41114 AC -M Co;dlioter 04 SW 4-I/-17 • • . • , L-4.•••4-2-17 • / © -UWty cornet AcpI1ak /64 x-? I� -UUily Pedestal M_' •,4l I OMop'ANO s,p 8 -[Mak Ile Eret �`6 /( y��•41.1 Leon Nen / V -wet,80. /.d{ �. *!/ Sec Canpood Niel 0 -won,kw I 4 paw, / ` IN -Comet.1.1•0 / r 4 CU'I - Sheol 7 of 3 EXHIBIT D DESCRIPTION AND DEPICTION OF ACCESS EASEMENT AREAS ACCESS EASEMENT DESCRIPTION (AS-SURVEYED) A 12.00 FOOT WIDE ACCESS EASEMENT OVER THAT CERTAIN PARCEL OF LAND SITUATED IN THE UNINCORPORATED TERRITORY ON THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING THAT PORTION OF THE RANCHO OF TEMECULA GRANTED BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA TO LUIS VIGNES BY PATENT DATED JANUARY 18, 1860 AND RECORDED IN BOOK 1 PAGE 37 OF PATENTS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,LYING 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTERLINE INTERSECTION OF RANCHO VISTA ROAD AND MARGARITA ROAD; THENCE SOUTH 42 DEGREES 29 MINUTES 16 SECONDS EAST, ALONG THE CENTERLINE OF MARGARITA ROAD,A DISTANCE OF 525.65 FEET TO A POINT;THENCE SOUTH 47 DEGREES 40 MINUTES 44 SECONDS WEST,LEAVING SAID CENTERLINE, A DISTANCE OF 55.00 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF MARGARITA ROAD AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 47 DEGREES 40 MINUTES 44 SECONDS WEST, LEAVING SAID RIGHT-OF-WAY LINE, A DISTANCE OF 139.24 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET; THENCE ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 10 DEGREES 38 MINUTES 40 SECONDS AN ARC LENGTH OF 37.16 FEET TO A POINT; THENCE SOUTH 52 DEGREES 57 MINUTES 56 SECONDS EAST,A DISTANCE OF 24.71 FEET TO THE TERMINUS OF SAID CENTERLINE AND CONTAINING 0.055 ACRES (2,413 SQUARE FEET) OF LAND MORE OR LESS. THE SIDELINES OF SAID ACCESS EASEMENT SHALL BE LENGTHENED OR SHORTENED AS NECESSARY TO ELIMINATE ANY GAPS AND OVERLAPS OVER THE LEASE AREA AND THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF MARGARITA ROAD. PROPERTY OWNER CITY OF TEMECULA COMMUNITY SERVICE DISTRICT 41000 MAIN STREET TEMECULA,CA 92590 PROPERTY ADDRESS 42775 MARGARITA RD. TEMECULA, CA 92592 PARCEL NUMBER AND MISCELLANEOUS INFORMATION APN#945-050-014 (Survey Follows) Site Name:SD460 Rancho Sports Park Business Unit 4 827593 Iz (4 g n z e. �tSo p}VEY T nrnllp CO o let IoM-Marea & PatNGn of IRA R 4 , l ACCESS UTILITY DETAIL N Reale i,nch N '{��jt2 We Oi.N5 I.i A GRAPHIC SCALY-CAWNW*C�`tY... 7 , tot 4 )o M 4' TOR:CROWN C550LI.. ._._. ,D LI 547'40 4111 5509 �/ ; nE:50400 RANCHO SPORTS PARR W el O= I2 S57 57'581 24.71' 1 W M .81776.3 I). �� _/ RC1 N AUNDDROS:43770 16i1torRo U. 1n va,' // / 4. 'P, Temeoula.CA RIM C) Use T194-UMtlr(samosa / // rp RheeMde Comfy N // / '0 RD CROWN o lit um le. IrIW / // �� t Vv CASTLE LI Sir 40 44^1 3500' I Pc" #/ // o ,7NanN MAPOUSTOWN�e7 p4itlmifst1 ION Tx m / COMPOUND DETAIL G L•L I N E u N42'ON 1W? 24 55' / ., // GRAPHIC xAIJe /4% / r, • r �1 SURVEYING,INC. ♦ L.s_I�._�.�J 11MNO holo 9r4* &RUM Lit Td).-Lam Ma //I / .07.45,4.164:01.4..1)/046241141 Use D9ad.e 1.42 //e$ // I ra.2a RUM It LI 517'b'41'r SSW' j/// • Mw. '.../.1.•L2 852•St 591 2471 // / \\\ PoS. i 16351 611141-S2e Tri 14 N2151271 5.50' / N. \\ Leese Mn Sqw,mar 95111 L5 560'01'551 n00' // / \ *cm(i7J}709.•SJ ix JI MASH IA 529'S9'27'r 41 pY / / �\ \ \ ««.. ...I.toK.., (.�.u♦w. / / / \ h� \ SURVEYOR'S NOTES LI 1460'01')311 1709' / / \ \ \ �, <S I.Tet mat).for 014wigt Moa IB 1429'SS 271 3250' // `,// \\\ 3 Imo.lamaal bawl S.42 M ror79 oW�ln / / Pa O. 411.deplete14-0695175, H No abE // / % \\\ 2.No 44ts a h .a Wooed go n4 n171Me p,oats ; \\ ..e 8404158 le we pa / \ 1 IDN pnq Aa44NOT nomad o / / ♦ • 14Ma7 Srwr N W 1221 Patd /42/4/: / SYMBOL LEGEND 4.AI Adele Ma ad C 1 /1.'1' I proannu at tai6ied.9LM Mu c .,, . " / daubed ate. _//d*,.O / C.L -CaIaYM \\ / so 00 / SURVEYORS CERTIFICATE J1.S \ OR.O.W. -441411.0 tM . I semi tall•le(Q Oa.Cat).vd ON 1/ f q;'// S).sat TN.tisal7 Compaq M.t 1411 4.5, P.O.C. -C..naowntnt Pod1 Up=Area roma war eat m.d..la tor P.O M. -0442.'0 Pori 9e1 Spat fed apa.W1 \ \\ \ S M -724.1 Meld Z. Ulidy Ea o n% \ die. /���• \ • -Mammal Nand L •.Rw .rel Mined 145 O -AN Camilla.' . M Lap 4-a7-17 © -U1M)Conn 8,..71.•11la -UIN1N Pedestal77/• '1:.Z.',2:..4.?„, FO ONO y__ Rosskamm 01 - aam m \ r_" . H -Radek Mala -4 1 -Wily kw Lean Moe 1_ r See Campor d NM C:1 LI-RNMb , ens Q -ConcreteAta v" a'CIL''e 151t th CD H Os �� Amiiiiii1 I 11, `., ',I..t7tAP . : . .Mot�lir,r d r-A--) ..... • ' KDAM/AN a,a laesasw- do —3 1het"1 ') I $DaearcwswRnwwc� : g lip&: y� - - 1 *;••••. `. / ..,.w..,,c WI ,� iI�: .m .7 � "'` /� 10-19-2015 M Z T.oac p �.*°'"w`T ,i��000 /° ' L,. ' ~ "MO FM PLAN CHECK M .'I. / .I L.. '• a ia.mwla Ions .-1 - (, , y+'•h I ouo.l� i �_ i el MI ez...., / 41, ''''3s - --r, .1.1. 442 ,A.,,....4 / maw u.RNLI- n*-o(.v,.mow[ .'I•, L.h ,Lé ®YlrirW ! y LUNE AMA PLAN �c i / ` •�� " a mn- E E N rn n MI mnm n• y -/ .....•.... ••::-1, , .14...r / ;:21 i / l ' z/ e.:: MC) �•itow wIa IAtri\ .u.tie z o t/ ' *. .-.1 : a)lwatur ma 0111041,- m aw w a u... /y ENLARGED SITE PLAa el MID LEASE AREA Pull r���77 • / -.„[.-- PI MN I NOT Wm aN 11' A2 ' to 0, E. s g a P.. ch i v P1PR1�1Y w w pN.-.w[.91w ACCESS&UTILITY DETAIL N :\ v\ 4 p•1l.•°Iieawe I pat.j,To"'we • T 15. 4p.. V' x9ArNIC SNAIL 1' Y Ie.dl�d Cw•1} O • - ! Q19. roe MIN CAS119 l0 U 54r.0..•1 55 CO ! ;,, • Y *t'I SN••IUSIgO N'0117%PARC '� 1 K MM I / N WO:anew p U fv>:-.1 1.rr' Irk-w• // • 74 N Auol�s:len°yaa.rre.Na. `G1i • / - ' IS..W..CA 0111111 uaty b U./N.-v:M1L ' // i �... . .et:IO M..,.wCReOWN 77C•Tt u. U S ►"M // / .CASTLE / / • •(_.� ii vnwo�u.ot lun wo rnuuw Heron V SII-w W. 5,11 / / •, M..,WPM r.I..cerw.r.n U ev.'.r. n..) /i,<911//// `� COL. O�UNNDDEsC Al kAIL (1 LEL I N L Ur lab-u..•.. '�, //'A. /// '90 _Iat.o.I ----- .w SURVEYING.*.k.1 .f X*,I I. Medio WM \ /`1 // I ere.. . saNYTY TOM P997001a0 NY; L. s.r.O..1 5H0 /' / / .1111 12 SSI'S7 5)1 3.n' // // �\ \V• Y ♦ •.w. w... 711 4s.91.. 104..M 01-V.' U AN Si In •50' {' / \\ • up.A.•..Gv. U S(0 01'11'( tlOp /' / / - .._ c, ..510'...k. 11111 911-111111 r.1621.505-9\ / 11... 14/1 • 1.1 • LI 5.0.SI trx It*. / / //� \\ \ * SURVEYOR'S NOTES / / .� \ v Mow 0 11 coml.el rotor.al N kW 59 111 u z / 'Or,e \ r�.� low•14104,.1 M..20 rM•. /` / ..ow WM rr.1t Nv... / . e / / �i drew'.a•.<..9 / / 1 xh ma"am 501 npn / / . .3#:;� •M4111 So,d 51.N [Pec. / �A. / / SYMBOL LEGEND lw d el..•I.loop[191.'..5.9 / 4;r'/ v � en•...e1... •e de...N eel % � /4 % CI. -wler. (/ e� \ / ° _4p• C SURVEYOR'S CERTIFICATE d,., 5 % oy1P/ .R J .0.. - 5.M f •f6 // I.M1 leN/ro Id 4w'Cook I d i `' .•P / ..W xle'We9111 C !•1 fa•tlI• lI ` •. .q.e.M+4.pJ . `/ p09 _let0st low \\\ ~ . :~ • SV -51.11 w.d 1� r C., \ Les.M.. J n / aex.(4..:• \\ -lljr 1\le It!stile Ax - e•-Io, ", • -..a..p r 0.4 / r .rtes.W. M canon.. ti.0 4111 A,I 3 © -'111,55,545.1 \ f. e.• . " -UMr,.4.,111 1"w1 I y1.w' • 4�" •M 1'dw.. 'dn: La -x11.,111.. PI -Gator WM / . • ,� Leo.Am '/J . See C.e1e.l C1111 CM -.a.*�1 MN S4 our tE J -cam.M.. / e Y 0 l'- J 19e.e 7 I 1 EXHIBIT F FORM OF PERFORMANCE BOND (Attached.) Site Name:SD460 Rancho Sports Park Business Unit#:827593 pr t< tr CITY OF TEMECULA s ► Wireless Telecommunications Facilities Faithful Performance Bond WHEREAS, the City of Temecula, State of California, a municipal corporation ("City of Temecula") and T-MOBILE WEST TOWER LLC, a limited liability company organized and existing under the laws of the State of Delaware (hereinafter designated as 'Principal") have entered into an agreement whereby Principal is permitted to locate,place, attach, install, operate, use, control, repair and maintain a Wireless Telecommunications Facility on a portion of the property commonly known as Ronald Reagan Sports Park located at 30875 Rancho Vista Road in the City of Temecula,County of Riverside, State of California,as defined in that lease,which said lease, dated September 25, 2018, and identified as "Amended and Restated Ground Lease for Installation and Use of Wireless Telecommunications Antennas and Supporting Equipment" (the "Lease")is hereby referred to and made a part hereof;and WHEREAS, Principal is required under the terms of the Lease to furnish a bond for the Faithful Performance of the Lease: NOW,THEREFORE,we,the Principal and NAME OF SURETY duly authorized to transact business under the laws of the State of California,as Surety(hereinafter called "Surety,"), are held and firmly bound unto the City of Temecula, in the penal sum of THIRTY THOUSAND DOLLARS($30,000),lawful money of the United States,for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators,jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants,conditions,and provisions in the Lease and in any alteration thereof made as therein provided,on its part,to be kept and performed at the time and in the manner therein specified, and in all respects according to this or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable Site Name:SD460 Rancho Sports Park Business Unit#:827593 attorney's fees, incurred by City of Temecula in successfully enforcing such 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 Lease or to the work to be performed thereunder or 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 Lease or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named,on , 20 . [SEAL) [SEAL] SURETY PRINCIPAL By: By: By: (Name) (Name) (Title) (Title) By: (Name) (Title) APPROVED AS TO FORM Peter M. Thorson, City Attorney Attach Notarial Acknowledgement or Jurat for both the Surety and Principal Signatures Site Name:SD460 Rancho Sports Park Business Unit#:827593 EXHIBIT G PERMISSIBLE LOCATION FOR TEMPORARY TRANSPORTABLE POWER GENERATOR b I ./ iIds W itgot 1 iii 8 , - k 114,,I , ii„ 41ON __1 11—rt t E I • 1 1 Jg .., 4.1:. \ . , fir►'. L. :r.; ,.. 44;4..1 .4 's.'''' ,„. /17,1,--i 1:17..' -. %.' 1 3.?..---. )......\ I w b pa 4 i ©, m ���k 8 a ,,,.___...,,: i ' ,,, " � '? --- h Al . 4. 6; 1 ; 2 g io .5 zf a a ¢ nI a.V ¢ a 1 a Site Name:SD460 Rancho Sports Park Business Unit#:827593 EXHIBIT H FORM OF MEMORANDUM OF LEASE (Attached.) Site Name:SD460 Rancho Sports Park Business Unit#:827593 RECORDING REQUESTED BY;AND WHEN RECORDED RETURN TO: City of Temecula 41000 Main Street Temecula,Ca.92590 Attention: City Clerk [Space Above For Recorder's Use Only] The undersigned declares that this Memorandum of Lease is exempt from Recording Fees pursuant to California Government Code Section 27383 and exempt from Documentary Transfer Tax pursuant to California Revenue and Taxation Code Section 11922. MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE(this"Memorandum")is dated as of September 25, 2018,and is executed by the CITY OF TEMECULA,a California municipal corporation("City"), and T-MOBILE WEST TOWER LLC,a Delaware limited liability company,by and through its Attorney In Fact,CCTMO LLC,a Delaware limited liability company("Tenant"). RECITALS A. Tenant and City have entered into that certain Lease for Installation and Use of Telecommunications Antennas and Supporting Equipment of even date herewith(the"Lease"), pursuant to which City has agreed to lease and demise to Tenant, and Tenant has agreed to lease and accept from City,portions(the"Premises")of the real property commonly known as Ronald Reagan Sports Park and located in the City of Temecula,County of Riverside, State of California, at 30875 Rancho Vista Road,and the legal description of such real property is attached as Exhibit A.The Premises are more particularly described in the Lease. B. Tenant and City now desire to enter into this Memorandum to provide record notice of the Lease. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,Tenant and City agree as follows: 1. Lease. City hereby leases and demises the Premises to Tenant, and Tenant hereby leases and accepts the Premises from City, for an initial term of five(5)years(with five(5)five- year extension options in favor of Tenant subject to the terms of the Lease relating to such extensions) commencing on September 25, 2018, at the rental and upon the other terms and conditions set forth in the Lease, which terms and conditions are incorporated herein by this reference. Site Name:SU460 Rancho Spats Park Business Unit#:827593 2. Purpose. This Memorandum is prepared for the purposes of recordation only and in no way modifies the terms and conditions of the Lease. In the event any provision of this Memorandum is inconsistent with any term or condition of the Lease,the term or condition of the Lease shall prevail. 3. Counterparts. This Memorandum may be executed in any number of counterparts,each of which,when executed and delivered,shall be deemed to be an original, and all of which,taken together,shall be deemed to be one and the same instrument. IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum of Lease as of the date first written above. CITY: CITY OF TEMECULA, a California municipal corporation By: Matt Rahn Mayor A11"EST: Randi Johl City Clerk APPROVED AS TO FORM: Peter Thorson City Attorney TENANT: T-MOBILE WEST TOWER LLC, a Delaware limited liability company By: CCTMO LLC, a Delaware limited liability company Its: Attorney In Fact By: Name Title Site Name:SD460 Rancho Sports Park Business Unit#.827593 MEMORANDUM OF LEASE EXHIBIT A LEGAL DESCRIPTION OF REAL PROPERTY 53.90 ACRES M/L IN POR E 1/2 OF SEC 7 T8S R2W FOR TOTAL DESCRIPTION SEE ASSESSORS MAPS. Site Name:SD460 Rancho Sports Park Business Unit#:827593 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Los Angeles ) On ,before me, (insert name and title of the officer) Notary Public,personally appeared who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Site Name:SD460 Rancho Sports Park Business Unit#:827593 State of Texas County of Before me, , a Notary Public, on this day personally appeared of CCTMO LLC,a Delaware limited liability company,as Attorney in Fact for T-Mobile West Tower LLC,known to me (or proved to me on the oath of or through driver's license, state id card, resident id card, military id card, or passport) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she/he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of ,20_ (Personalized Seal) Notary Public's Signature Site Name:SD460 Rancho Sports Park Business Unit#:827593 Item No . 15 Approvals City Attorney J24'V Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Director of Community Development DATE: September 25, 2018 SUBJECT: Approve the City of Temecula Fiscal Year 2017-18 Consolidated Annual Performance and Evaluation Report (CAPER) PREPARED BY: Lynn Kelly-Lehner, Principal Management Analyst RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT (CAPER) WITH THE ADDITION OF PUBLIC COMMENTS, AND AUTHORIZING STAFF TO SUBMIT THE REPORT TO THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) BACKGROUND: As an entitlement grantee for the United States Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program, the City of Temecula is required to prepare a Consolidated Annual Performance and Evaluation Report (CAPER) to analyze and summarize program accomplishments of the preceding program year. The CAPER assesses the City's progress towards completing activities identified in the Annual Action Plan, which covers the period from July 1, 2017 through June 30, 2018. The CAPER also reports progress in meeting the overall Five-Year Consolidated Plan goals and priorities, and identifies areas for improvement as a result of annual self-evaluations and HUD performance reviews. The 2017-18 Fiscal Year was the City of Temecula's sixth year as an entitlement recipient of CDBG funds. It was also the first year of the 2017-2021 Consolidated Plan. Assessment of Fair Housing Accomplishments In July 2015, HUD adopted a rule on affirmatively furthering fair housing that updated guidelines to achieve this goal. HUD's rule obligates HUD grantees to analyze fair housing and set locally determined fair housing priorities and goals through the Assessment of Fair Housing (AFH). HUD provided open data to grantees on patterns of integration, racially and ethnically concentrated areas of poverty, disproportionate housing needs. and disparities in access to opportunity. 2017-18 was the first program year under the Assessment of Fair Housing. The 2017-2021 City of Temecula Assessment of Fair Housing included four goals and action items intended to remove barriers to fair housing in the community. These strategies, which have been approved by HUD, must then be incorporated into subsequent planning documents, such as the Consolidated Plan and Annual Action Plans. The City of Temecula has made substantial progress on the four goals outlined in the Assessment of Fair Housing, as demonstrated below. Goal 1: Amend the Zoning Code to promote the development of affordable housing. • Staff presented the Affordable Housing Overlay and Density Bonus Ordinance to the Planning Commission on September 5,2018 and the City Council on September 25,2018. • The City Council approved the 245-unit Cypress Ridge project, which will offer options for families with special needs. In addition, the City Council approved the Altair Specific Plan for the construction of up to 1,750 dwelling units, which allows for micro-units and accessory dwelling units. Goal 2: Increase and preserve affordable units for renters and homeowners. • The City is currently in negotiations for two affordable housing projects in response to the affordable housing RFP. • Affordable housing information is now available in many languages on City's website. • Ten housing units were rehabilitated through the Habitat for Humanity Critical Home Maintenance and Repair Program in 2017-2018. • Madera Vista, a 100% affordable housing development, completed the third and final phase of construction. • Rancho California Apartments have been completely rehabilitated and resyndicated, adding an additional 55 years to the term of their affordability. Goal 3: Provide greater access to public facilities and improvements for persons with disabilities • The Americans with Disabilities (ADA) Transition Plan has been completed. • CDBG funds budgeted for first phase ADA project. • Construction on the Ynez Road Sidewalk project is complete. Goal 4: Provide equal housing opportunities for protected classes • Fair Housing of Riverside County was funded in 2017-18 and will continue to be funded in 2018-19. • Staff made a presentation on fair housing and the City's AFH goals at Temecula Trekkers on August 15, 2018. • Fair housing materials have been posted on the City's website and in City facilities. Consolidated Plan Accomplishments During the 2017-18 Fiscal Year, the City of Temecula funded ten public services, two sidewalk projects, and one housing rehabilitation program. The City also provided one-on-one training to the public service providers,conducted desktop monitoring for every sub-recipient, and performed oversight of fiscal systems to track progress of the CDBG grant program. Annual accomplishments included the following: • The Fair Housing Council of Riverside County assisted 350 clients including: ■ Three hundred and seventeen (317) for landlord-tenant services; ■ Thirty three (33) for anti-discrimination complaints; • The City completed sidewalk segments on Fourth Street and Old Town Front Street; • The City completed a sidewalk segment Ynez Road; • The City initiated the construction of a sidewalk project along Mercedes Street; • The Assistance League provided 41 youth with new clothing and school supplies; • Habitat for Humanity completed ten housing rehabilitation projects, for a total of twenty three housing units over the life of the program; • The City acquired six (6) computers and work stations for the Homeless Prevention and Diversion Program; • The Homeless Prevention and Diversion Program served eleven homeless persons in the final two weeks of the Program Year; two of the persons are no longer on the streets; • The Circle of Care food bank provided 127 homeless with emergency food; • Michelle's Place provided health care services to 59 women; • Hospice of the Valleys provided hospice care for 25 elderly persons; • Kids of Summer Program provided recreational programs to 59 foster children; • SAFE provided a violence protection program for eleven (11) at risk youth; • Voices for Children provided direct advocacy for five foster children; • The Boys and Girls Club provided before and after school care for six (6) children; • Eleven (11) startup businesses participated in the Temecula Valley Entrepreneur's Exchange (TVE2); • Two hundred and eighty one (281) one-on-one consultations resulted in twelve (12) jobs created through TVE2; • Completed and onsite monitoring from HUD staff; and • The City met the timeliness requirement. The City of Temecula received $515,274 in Community Development Block Grant entitlement funds in Fiscal Year 2017-18. The following table demonstrates the City's 2017-18 expenditures by category. Including funding from previous program years, there was an unused balance of $272,864.33 in the City's line of credit for the Old Town Boardwalk Enhancement Project. All other funds have been expended. 2017-18 CDBG ALLOCATIONS AND EXPENDITURES Category 2017-18 Allocated 2017-18 Expended Ending Funds Funds Balance*** Program Administration $103,054.00 $103,054.00 $0.00 Public Services $75,214.75 $75,214.75 $0.00 Housing Rehabilitation* $27,162.16 $65,759.43 $0.00 Public Improvements** $449,778.50 $711,509.03 $272,864.33 Total $655,209.41 $955,537.21 $272,864.33 *Additional expended funds are from prior program years. ** Includes 2017-18 minor and substantial amendment allocations. *** Balance includes prior program years unspent funds. Timeliness Requirement HUD requires that approximately three-quarters of the way through the program year, CDBG grantees have no more than 1.5 times that year's CDBG award available in their line of credit. The City of Temecula has a current timeliness ratio of 1.44 and is compliant with this requirement. The remaining CDBG balance as of June 30, 2018 is $272,864.33. City staff coordinated with HUD very closely in order to meet the timeliness requirement for 2017-18. Staff developed a work plan to ensure resources were expended in a timely matter. • Staff has worked closely with Habitat for Humanity to improve their program, resulting in increased expenditures for housing rehabilitation. • Funding from the 2016-17 Rotary Park Improvement Project was re-allocated to Old Town Sidewalk Projects. • Construction of three segments of sidewalk improvements and/or boardwalk replacement were prioritized for 2017-18. • Per the recommendation of HUD, the City processed a substantial amendment in October 2017 to re-program the remaining CDBG funds allocated to the Sam Hicks Park project. This funding went towards sidewalk construction/boardwalk replacement in Old Town. • The City processed a second substantial amendment in April 2018 re-allocating funds from a deleted project to the newly created Homeless Diversion and Prevention Program, managed through the Community Services Department. Staff in TCSD was able to meet all of their goals in an accelerated time frame. The CAPER is an annual report required by HUD. It is to be completed within 90 days after the close of the fiscal year. All funding allocations and projects summarized in the annual report have been previously approved by Council throughout the reporting period. By noticing the report for public review and comment, staff will be able to submit the report, with any comments, to HUD in compliance with CDBG requirements. The CAPER was available for public review during a public comment period from September 10 through September 25, 2018. A public notice announcing its availability was published in the San Diego Union Tribune on September 10, 2018. FISCAL IMPACT: The timely submittal of the CAPER to HUD enables the City to continue to receive and distribute entitlement funds on an annual basis. The City will receive $546,925 of CDBG funds in 2018-19. ATTACHMENT: 1. 2017-18 CAPER 2. Resolution 3. Notice of Public Hearing .., . 1 u. _ zit_ 4.'� II Ow...,.r� I im les ar • � � s ._ `a s k w C78'..818"......" The Heart of Southern California Wine Country 2017-2018 Community Development Block Grant Consolidated Annual Performance & Evaluation Report This page is intentionally left blank. Table of Contents CR-05 Goals and Outcomes 1 CR-10 Racial and Ethnic Composition of(person/households/families) Assisted 9 CR-15 Resources and Investments 11 CR-20 Affordable Housing 13 CR-25 Homeless and Other Special Needs 16 CR-30 Public Housing 20 CR-35 Other Actions 21 CR-40 Monitoring 26 CR-45 CDBG 28 Appendices Appendix A—Public Notices A Appendix B—Summary of Citizen Participation Comments B Appendix C—City Discretionary Community Services Grants C Appendix D—IDIS Reports D City of Temecula 2017-2018 CAPER i This page is intentionally left blank. CR-05 Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This document represents the City of Temecula's 2017-2018 Consolidated Annual Performance Evaluation Report (CAPER) related to the City's Community Development Block Grant (CDBG) Program. Pursuant to the federal regulations applicable to the CDBG Program, the CAPER is prepared annually to evaluate the City's overall progress and performance in meeting the priority activities identified within its Strategic Plan and Annual Action Plan. The CAPER provides the Department of Housing and Urban Development (HUD), the public, and the City an opportunity to review Temecula's housing and community development accomplishments for the 2017-2018 Program Year, with a special focus on those activities funded by the CDBG program. The City funded the construction of two sidewalk projects, ten public service activities and one housing rehabilitation program in the 2017-2018 Annual Action Plan. Two additional sidewalk projects funded in prior years are also underway as of this writing, with one in the construction phase and the other going out to bid. Specific accomplishments for the 2017-2018 Program Year include: • Provided fair housing services by assisting 350 clients including 317 landlord-tenant mediation services and processing 33 anti-discrimination complaints; • Completed sidewalk segments on Fourth Street and Old Town Front Street in Old Town and another on Ynez Road both serving low- and moderate-income (LMI) areas; • Initiated the construction of a third sidewalk project along Mercedes Street and bidding the replacement of the boardwalks in Old Town; • Provided 41 underserved LMI youth with new clothing and school supplies through the Assistance League; • Through the Temecula Valley Entrepreneur's Exchange (TVE2), eleven startup businesses participated in the incubator program and 281 one-on-one consultations have resulted in twelve jobs created; • Completed ten housing rehabilitation projects through the Habitat for Humanity Critical Home Maintenance and Repair Improvement Program for a total of 23 housing units over the life of the program; • Acquired six computers and set up six work stations for the recently-created City Homeless Prevention and Diversion Program and served eleven homeless persons in the final two weeks of the Program Year after installation; two of the persons are no longer on the streets; 1 • Provided 127 homeless and underserved LMI individuals with emergency food through the Circle of Care food bank; • Provided health care services to 59 women through Michelle's Place; • Provided hospice care through Hospice of the Valleys for 25 elderly persons; • Provided recreational programs to 59 foster care children through the Kids of Summer Program; • Provided a violence protection program for eleven at-risk young people through SAFE; • Provided direct advocacy for five foster children through the Voices for Children program; and • The Boys and Girls Club provided before and after school care for six low-income children. Table 1 provides a summary of the five-year and one-year accomplishments for the period ending June 30, 2018, arranged by each of the Strategic Plan Goals included in the 2017-2021 Strategic Plan of the Consolidated Plan. 2 Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable,why progress was not made toward meeting goals and objectives. 91.520(g) Table 1-Accomplishments—Strategic Plan & Program Year to Date 5-Year Strategic Plan 2017-18 Program Year 1 Goal Category 2017-2018 Indicator Unit of g y Amount Measure Expected Actual Percent Expected Actual Percent Complete Complete Affordable Affordable CDBG: Housing Housing Housing Units Provided 100 0 0% 0 0 0% Housing $0 Units Development Owner Occupied Housing Affordable CDBG: Preservation Housing $24,821 Housing Rehabilitation Households 15 10 73% 3 10 366% Provided Fair Housing Affordable CDBG: Households Served Households 1,750 350 20% 350 350 100% Services Housing $16,806 Services for Low Non-Housing and Moderate CDBG: Community Public Services Provided Persons 1,600 170 11% 318 170 53% Income $25,493 Development Residents Services for Non-Housing Persons with Community CDBG: Public Services Provided Persons 300 11 4% 60 11 18% Special Needs Development $9997 Services to the homeless and CDBG: Homeless Persons Homeless Persons 15,000 138 1% 1,223 138 11% those at risk of $19,995 Served homelessness Services to CDBG: Homeless persons seniors and Homeless Persons 200 25 13% 20 25 125% veterans $4,999 served City of Temecula 2017-2018 CAPER 3 5-Year Strategic Plan 2017-18 Program Year 1 Goal Category 2017-2018 Indicator Unit of g Y Amount Measure Expected Actual Percent Expected Actual Percent Complete Complete Neighborhood Infrastructure Non-Housing Neighborhood,public CDBG: Public and Public Community facilities and 30,000 18,675 62% 15,700 18,675 119% Facility Development $285,469 Infrastructure improved Facilities Improvements Small business Non-Housing creation and Community CDBG:$0 Businesses Assisted Businesses 24 11 46% 8 11 73% expansion Development AFH: Land use Affordable and zoning laws Housing CDBG: $0 Ordinance Adopted Other 1 0 0% 0 0 0% AFH: Non-Homeless Inaccessibility Special Needs CDBG:$0 One Plan Adopted Other 1 0 0% 0 0 0% Planning and CDBG: Planning $103,054 Other Other - - - - - - Administration City of Temecula 2017-2018 CAPER 4 Assess how the jurisdiction's use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified. As shown in Table 1, during the Program Year, the City and its housing and community development partners made substantial progress with its 2017-2018 activities as well as some multi-year activities that were continued over from the previous Program Year. All CDBG- funded activities addressed specific high priority objectives identified in the 2017-2021 Consolidated Plan. One of the highest Consolidated Plan and Assessment of Fair Housing (AFH) priorities was to address Neighborhood Infrastructure and Public Facility needs. During the 2017-2018 Program Year, the emphasis of the City's CDBG program was to install or replace sidewalks to address the needs of low- and moderate-income persons as well as persons with disabilities. This included completing several previous years' projects. The City completed a sidewalk installation project in Old Town. This activity now provides much needed access to essential services for the mostly low- and moderate-income persons living in Old Town. The second completed activity was the construction of a sidewalk on Ynez Road, north of the Santa Gertrudis Creek Bridge, which provides access to essential County services for those with disabilities. A third sidewalk project is the construction of a new sidewalk along Mercedes Street. This project is under construction and is expected to be completed by the end of September 2018. A fourth sidewalk project is the replacement of the wooden boardwalks in Old Town. Because of rising construction costs, this project will be re-bid in September 2018. This project is expected to be completed by April 2019. The boardwalks were identified as a barrier to those with disabilities. The preservation of the City's housing stock is another high priority of the CDBG program. In the 2017-2018 Program Year, the City provided CDBG funds to Habitat for Humanity Inland Valley (HFHIV) for its Critical Home Maintenance and Repair Program. During the Program Year, the City provided technical assistance to HFHIV to re-evaluate program policies and procedures. As a result of this technical assistance, not only was HFHIV able to expend all of their prior year funding, but they expended all of their 2017-2018 funds as well. Ten housing units were completed during the Program Year. A third priority was to address a variety of public service needs. This was accomplished by funding ten public service agency programs, such as providing fair housing services; addressing the needs of the homeless and persons with disabilities; and providing health care and youth services. The City identified four goals in the 2017 Assessment of Fair Housing (AFH) and made progress during the 2017-2018 Program Year toward achieving those goals. To address the first AFH Goal of promoting the development of affordable housing, the City prepared its Affordable Housing City of Temecula 2017-2018 CAPER 5 Overlay (AHO) Program and will present it to the Planning Commission and City Council in September. The City Council approved a general plan amendment to allow the construction of the 245-unit Cypress Ridge project that will offer options for families with special needs. In addition, the City Council approved the Altair Specific Plan and general plan amendment for the construction of up to 1,750 dwelling units including micro-units and accessory dwelling units. To address the second AFH Goal of increasing and preserving affordable units for renters, the City received and reviewed affordable housing proposals and initiated negotiations with developers. The City is in negotiation with two developers for the development of two affordable housing projects on two different sites. The City also translated its affordable housing brochure into Spanish and funded ten critical home maintenance repairs for LMI owner-occupants. Phase III, the final 30 units, of the Madera Vista affordable housing project was completed. Rancho Vista Apartments, a 100% affordable development, underwent a complete rehabilitation, and extended the term of its affordability by an additional 55 years. The City also approved the re-syndication for the Mission Village Apartments that extended the term of the affordability period for another 45-55 years. On May 22, 2018, the City agreed to participate in the County's Mortgage Certificate Program. To address the third AFH Goal of providing greater access to public facilities and improvements for persons with disabilities, the City completed its Americans with Disabilities Act (ADA) Transition Plan and is currently prioritizing action items prior to adoption of the Transition Plan. Two sidewalk projects were completed to provide improved access for persons with disabilities. Two additional sidewalk projects are underway. To address the fourth AFH Goal of providing equal housing opportunities for protected classes, the City funded a robust fair housing program offered by the Fair Housing Council of Riverside County, which served 350 Temecula residents during the Program Year. The City also revised its website to include fair housing hyperlinks on its website and disseminated fair housing information at various City facilities. The City scheduled a presentation on fair housing at Temecula Trekkers, which was held on August 15, 2018. City of Temecula 2017-2018 CAPER 6 Figure 1— Use of 2017-2018 CDBG Funds Strategic Plan Goal 1 Activity Sourc Allocation Spent in 2017- Spent through Percen e 18 6130118 t Spent 1_ Affordable Housing Development None Subtotal $ - $ - $ - - 2. Housing Preservation 2015 Critical Home Maintenance/Repair CDBG $ 26,223.00 $ 13,597.27 $ 26,223.00 100% 2016 Critical Home Maintenance/Repair CDBG $ 25,000.00 $ 25,000.00 $ 25,000.00 100% 2017 Critical Home Maintenance/Repair CDBG $ 27,162.16 $ 27,162.16 $ 27,162.16 100% Subtotal $ 78,385.16 $ 65,759.43 $ 78,385.16 100% 3_ Fair Housing Services 2017 Fair Housing Services CDBG $ 17,968.00 $ 17,968.00 $ 17,968.00 100% Subtotal $ 17,968.00 $ 17,968.00 $ 17.968.00 100% 4_ Services for Low and Moderate Income Persons 2017 Voices for Children CDBG $ 2,672.00 $ 2,672.00 $ 2,672.00 100% 2017 Kids of Summer CDBG $ 3,206.00 $ 3,206.00 $ 3,206.00 100% 2017 Assistance League of Temecula VCDBG $ 5,345.00 $ 5,345.00 $ 5,345.00 100% 2017 Boys and Girls Club CDBG $ 5,345.00 $ 5,345.00 $ 5,345.00 100% 2017 Michelle's Place CDBG $ 10,688.00 $ 10,688.00 $ 10,688.00 100% Subtotal $ 27,256.00 $ 27,256.00 $ 27,256.00 100% 5. Services for Resident for Special Needs 2016 SAFE CDBG $ 8,283.00 $ - $ 8,283.00 100% 2017 SAFE CDBG $ 10,688.00 $ 10,688.00 $ 10,688.00 100% Subtotal $ 18,971.00 $ 10,688.00 $ 18,971.00 100% 6_ Services for the Homeless and At-Risk of Homelessness 2017 VNW Circle of Care CDBG $ 4,314.70 $ 4,314.70 $ 4,314.70 100% 2017 Homeless PreventiodDiversion CDBG $ 9,643.05 $ 9,643.05 $ 9,643.05 100% Subtotal $ 13,95735 $ 13,957.75 $ 13,957.75 100% 7. Services For Seniors and Veterans 2017 Hospice of the Valley CDBG $ 5,345.00 $ 5,345.00 $ 5,345.00 100% Subtotal $ 5.345.00 $ 5.345.00 $ 5,345.00 100% 8_ Public Facilities and Infrastructure Improvements 2012 Sam Hicks Monument Park Playgrc CDBG $ 412,055.75 $ - $ 412,055.75 100% 2015 Old Town Sidewalk Imps 15-06 CDBG $ 400,789.07 $ 234,538.52 $ 400,789.07 100% 2016 Old Town Sidewalk Imps 17-04 CDBG $ 275,649.99 $ 255,903.84 $ 275,649.99 100% (2017 Old Town Boardwalk Enhancement CDBG $ 386,958.95 $ 114,094.62 $ 114,094.62 29% 2017 Ynez Road Sidewalk Imps 17-22 CDBG $ 106,972.05 $ 106,972.05•$ 106,972.00 ' 1017,--% Subtotal $ 1582,425.81 $ 711,509.03 $ 1.309,561.43 83% 9_ Small Business Creation and Expansion None CDBG $ - $ - $ - - 10. Planning and Administration 2017 Administration CDBG $ 103,054.00 $ 103,054.00 $ 103,054.00 100% Subtotal $ 103,054.00 $ 103,054.00 $ 103,054.00 100% CDBG Totals $ 1,847,362.72 $ 955,537.21 $ 1,574,498.34 85% Note: No CDBG funds were set aside to address Strategic Plan Goals No. 1 (Affordable Housing Development), No. 10 (Amend land use and zoning) and No. 11 (Inaccessibility). City of Temecula 2017-2018 CAPER 7 Figure 2—2017-2018 Program Year Accomplishments by Strategic Plan Goal Unit of Strategic Plan Goal 1 Activity Expected Actual Measure 12.Housing Preservation 2015 Critical Home Maintenance ==pair Households 15 7 2016 Critical Home Maintenance/Repair Households 15 6 2017 Critical Home Maintenance/Repair Households 3 10 Subtotal 33 23 3.Fair Housing Services 2017 Fair Housing Services Persons 350 350 Subtotal 350 350 4.Services for Low and Moderate Income Persons 2017Voices for Children Persons 1 5 2017 Kids of Summer Persons 72 59 2017 Assistance League of Temecula Valley Persons 40 41 2017 Boys and Girls Club Persons 5 6 2017 Michelle's Place Persons 200 59 Subtotal 318 170 5.Services for Resident for Special Needs 12017 SAFE Persons 60 11 Subtotal 60 11 6.Services for the Homeless and At-Risk of Homelessness 2017 VNW Circle of Care Persons 1,193 127 2017 Homeless Prevention/Diversion Persons 30 11 Subtotal 1,223 138 7.Services for Seniors and Veterans 2017 Hospice of the Valley Persons 20 25 Subtotal 20 25 8.Pubic Facilities and Infrastructure Improvements 2012 Sam Hicks Monument Park Playground Persons 1,703 0 2015 Old Town Sidewalk imps 15-06 Persons 2,975 2,975 2016 Old Town Sidewalk imps 17-04 Persons 2,090 0 2017 Old Town Boardwalk Enhancement 17-16 Persons 15,700 0 2017 Ynez Road Sidewalk Imps 17-22 Persons 15,700 15700 Subtotal 38,168 18,675 9. Small Business Creation and Expansion ''Done Businesses 8 11 City of Temecula 2017-2018 CAPER 8 CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) Table 2a—Table of assistance to racial and ethnic populations by source of funds(housing units) CDBG White 8 Black or African American 1 Asian 0 American Indian or American Native 0 Native Hawaiian or Other Pacific Islander 0 Multi-Racial/Other 1 Total 10 • Hispanic 1 Not Hispanic 9 Table 2b—Table of assistance to racial and ethnic populations by source of funds(public services) CDBG White 524 Black or African American 65 Asian 51 American Indian or American Native 1 Native Hawaiian or Other Pacific Islander 0 Multi-Racial 8 Other 45 Total 694 Hispanic 203 Not Hispanic 491 City of Temecula 2017-2018 CAPER 9 Narrative Tables 2a and 2b provide aggregate data for the combined number of people, families, households or housing units served reported during the Program Year based on accomplishment data from all CDBG activities. Based on the information in these tables, a diverse array of persons, families, households or housing unit occupants benefitted from CDBG- funded housing or public service projects during the Program Year. City of Temecula 2017-2018 CAPER 10 CR-15 - Resources and Investments 91.520(a) Identify the resources made available Table 3- Resources Made Available Source of Funds Resources Made Amount Expended Available During Program Year CDBG $515,274 $598,197.81 Narrative The resources described in Table 3 above included $515,274 in 2017-2018 CDBG formula grant funds. (The expended amount in the above table includes funds for carryover projects allocated in prior years as listed in Figure 1.) The City did not receive any CDBG program income. Identify the geographic distribution and location of investments Table 4—Identify the geographic distribution and location of investments Planned Actual Target Area Percentage of Percentage of Narrative Description Allocation Allocation Public services mostly serve low-and Citywide 45% 41% moderate-income clients who live in target areas. Low-and Moderate- Public works projects are exclusively in 55% 59% Income Areas low-and moderate-income areas. Narrative For the 2017-2018 Program Year, the City expended $355,002.17 of its CDBG funds on Public Facilities and Infrastructure activities designed to benefit persons with disabilities. All of those Public Facilities and Infrastructure funds were expended in the low-and moderate-income areas, representing fifty-nine percent of the City's total CDBG investments for the 2017-2018 Program Year. City of Temecula 2017-2018 CAPER 11 Leveraging Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan. To address the housing and community development needs in Temecula, the City leveraged its CDBG entitlement grant with a variety of funding resources to maximize the effectiveness of available funds. The City leveraged CDBG funds with $560,000 of the City's local Measure S funds to construct sidewalks. Relocation and Real Property Acquisition — Indicate the number of persons displaced, the cost of relocation payments,the number of parcels acquired, and the cost of acquisition No persons were displaced or relocated because of the CDBG-funded projects. The City did not use any CDBG funds to acquire property. Table 5—Relocation and Real Property Acquisition Parcels Acquired 0 $0 Businesses Displaced 0 $0 Nonprofit Organizations Displaced 0 $0 Households Temporarily Relocated, not Displaced 0 $0 Minority Property Enterprises Alaskan White Households Total Native or Asian or Black Non- Non- Displaced Pacific Hispanic American Hispanic Hispanic Islander Indian Number 0 0 0 0 0 0 Cost $0 $0 $0 $0 $0 $0 City of Temecula 2017-2018 CAPER 12 CR-20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served. Table 6—Number of Households One-Year Goal Actual Number of homeless households to be provided 0 0 affordable housing units Number of non-homeless households to be provided 3 10 affordable housing units Number of special-needs households to be provided 0 0 affordable housing units Total 3 10 Table 7 Number of Households Supported One-Year Goal Actual Number of households supported through rental 0 0 assistance Number of households supported through the 0 0 production of new units Number of households supported through the rehab of existing units 3 10 Number of households supported through the 0 0 acquisition of existing units Total 3 10 Discuss the difference between goals and outcomes and problems encountered in meeting these goals. In 2017, the City did not meet its timeliness goal. However, by the May 2, 2018 timeliness deadline, the City had reduced its timeliness ratio from 1.87 to 1.44, below the required ratio of 1.50. In part, this was accomplished through completion of several sidewalk projects on schedule. In addition, the City provided technical assistance to Habitat for Humanity Inland Valley (HFHIV) and was able to turn around the Critical Home Maintenance and Repair Program in 2017-2018. Not only did HFHIV spend their entire 2015 and 2016 CDBG grants, but all of their 2017 funds. As part of the revision of this program, HFHIV reduced the number of housing units served in order to facilitate a higher subsidy level per unit, as dictated by construction City of Temecula 2017-2018 CAPER 13 costs. HFHIV is now taking a more comprehensive approach in addressing the housing rehabilitation needs of its clients. The reduction in its goals was not reflected in its 2017-2018 accomplishments because HFHIV was spending prior year funds. City staff worked closely with SAFE to return to strictly a domestic violence program with their new executive director after SAFE was unable to meet their annual goals. During the Program Year, the City substituted a City homeless assistance program for a nonprofit with capacity issues. The City continues to face contractual issues regarding the playground improvements planned for Sam Hicks Monument Park funded in the 2012 Program Year. Design work was completed and construction was started offsite. Although the project will eventually be completed, at the recommendation of HUD, the City processed a substantial amendment in October 2017 that reprogrammed the remaining money in those accounts to address CDBG timeliness issues, while litigation is ongoing. Discuss how these outcomes will impact future annual action plans. The City will revise some of its five-year Consolidated Plan goals to reflect the monitoring and technical assistance provided to its subrecipients during the 2017-2018 Program Year. These revisions will be completed concurrent with the preparation of its 2019-2020 Action Plan. Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity. Table 8—Number of Families or Households Served Number of Families or Households Served CDBG Actual Extremely Low-income 2 Low-income 3 Moderate-income 5 Total 10 Narrative Information The 2017-2021 Consolidated Plan-Strategic Plan identified high priority affordable housing needs including preserving the supply of affordable housing to lower-income households. During 2017-2018, the City provided ten housing rehabilitation grants to low income households through the Habitat for Humanity (HFHIV) Critical Home Maintenance and Repair City of Temecula 2017-2018 CAPER 14 Program. With the increase in the grant limits, HFHIV was able to provide additional improvements to four additional housing units, which had been completed in the prior year. These units are not reflected in the ten completed units in Program Year 2017-2018. City of Temecula 2017-2018 CAPER 15 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction's progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City of Temecula created the Responsible Compassion for the Homeless Program to reach out to unsheltered homeless persons and assess their individual needs for the purpose of connecting them with available emergency shelter and transitional housing resources. The program is comprised of two City staff members along with one police sergeant and two (2) full-time Riverside County Housing Outreach Team (HOT) officers specially trained in working with homeless-related problems and knowledgeable about local and regional resources. They provide referrals to local service providers to address the homeless person's needs. The Continuum of Care, coordinated by the Riverside Department of Social Services (DPSS), also manages the Emergency Food and Shelter, and Supportive Housing Programs, both of which provide homeless residents with rental assistance and supportive services. Riverside County DPSS also coordinates the ten-year County plan (2007-2017) to end homelessness. This homelessness prevention plan, which contains strategies and priority actions to expand programs and services for homeless persons and those at-risk of homelessness in the region, focuses on developing individual and family self-sufficiency and, to the extent possible, helping persons at risk of homelessness to remain in their homes. A City of Temecula staff member is on the board of the Continuum of Care, and has taken a leadership role in the region for these efforts. In addition to the Countywide Continuum of Care (CoC), the City plays a leadership role in Southwest Riverside County Regional Homeless Alliance, which includes the County's CoC staff person and City, the Sheriff's Department and nonprofit representatives from the five cities in the region (Temecula, Murrieta, Menifee, Lake Elsinore and Wildomar). The Alliance collaborates on homelessness in the region. Using CDBG funds, the City initiated the Homeless Prevention and Diversion Program to acquire six computer stations and assisted eleven persons and families in finding temporary and permanent housing and employment. Future CDBG funding will provide short-term financial assistance with mortgage and rent payments, security deposits and utilities. CDBG funds also provided assistance to the VNW Circle of Care for operating their foodbank in 16 serving the homeless and other lower income families and individuals. A total of 127 individuals and families were served by this program. The community has several other foodbanks, which are funded by local churches and individuals. The City of Temecula participates in the annual County-wide homeless survey. Staff assisted with the planning and conducting of the point-in-time homeless count on January 23, 2018. The community event also focused on connecting homeless persons with local services. The survey found 66 homeless individuals in the City, which decreased by 22% from the prior year and dramatically down from the 162 homeless persons counted in 2011. This is compared to 3% increase in homelessness Countywide and substantial increases in each of the other cities in Southwest Riverside County (Murrieta, Lake Elsinore, Menifee, Wildomar and Perris). Addressing the emergency shelter and transitional housing needs of homeless persons As mentioned above, the City has initiated a Homeless Prevention and Diversion Program, which will provide short-term financial assistance with mortgage and rent payments, security deposits and utilities. In 2017-2018, the City used CDBG funds to set up a computer lab as part of this program. The City of Temecula also supported the efforts of the Riverside County Continuum of Care (CoC) and its member organizations that address homelessness. As described earlier, the City supported local nonprofit agencies, which provide emergency rental assistance and housing counseling to low- and moderate-income residents to assist those at-risk of homelessness. The City does not directly receive any HUD funding through the CoC process. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs During the 2017-2018 Program Year, the City connected chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth with available resources through the Riverside County CoC, which is comprised of a network of public, private, faith-based, for-profit, and non-profit service providers who utilize several federal, state and local resources to provide services for homeless people. The goal was to help unsheltered homeless persons make the transition to permanent housing and independent 17 living, including shortening the period that individuals and families experience homelessness, and facilitating access for homeless individuals and families to affordable housing units. The nonprofit and faith-based communities played a key role in the current CoC system. Hundreds of agencies throughout the County provided programs ranging from feeding the homeless on the street to creating permanent supportive housing opportunities. These services were available to homeless families with children, and single men and women. The nonprofit and faith-based communities also play a key role in serving special needs populations, such as victims of domestic violence, veterans, the disabled and youth. The City of Temecula funded the Fair Housing Council of Riverside County with CDBG funds to provide fair housing, tenant/landlord mediation, and legal services for residents through attorney consultations and preparation of legal documents for the residents to represent themselves in family law and landlord/tenant actions. Some of these services are provided to prevent undue evictions that could lead to homelessness. In addition to the above, the City granted CDBG funds to Voices for Children for their Court Appointed Special Advocate Program, which provided additional caseworkers for five children in the County foster care program and the Kids of Summer Program for recreational programs for 59 local foster care children. CDBG funds were provided to Hospice of the Valleys, who assisted twenty-five seniors with hospice services and Michelle's Place, which provided breast health services to fifty-nine lower- income women. Without these services, many of the clients would have possibly faced homelessness due to the financial challenges they faced. The Housing Authority of the County of Riverside provides Section 8 rental assistance to extremely low- and very low-income households located within the City limits. The Section 8 program gives priority to households that are at risk of becoming homeless or currently residing in inadequate housing. One hundred six (106) households in Temecula were recipients of Section 8 Vouchers in 2017-2018 through the County. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again 18 The City plays a leadership role in the Riverside County CoC. The Riverside County CoC Ten- Year Plan to End Homelessness included a goal to establish County-wide protocols and procedures to prevent people from being discharged from public and private institutions of care into homelessness that will help decrease the number of persons being discharged into homelessness by at least 10 percent annually, This would mean that the proportional share for the City would be a reduction of three homeless persons. There was a reduction of 19 homeless persons in Temecula based on the Homeless Point in Time Count taken on January 23, 2018. The CoC continues to improve coordination among publicly and privately funded institutions of care and local service agencies in the County of to decrease the number of persons being discharged into homelessness annually. The City initiated the Homeless Prevention and Diversion Program in Program Year 2017-2018. The City's Help Center was rehabilitated with local funds and six computers acquired with CDBG funds to assist homeless persons find housing and employment. The City also provided CDBG funds for an advocacy program for five foster care children. 19 CR-30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing There are no public housing developments in Temecula. All public housing programs consist of housing choice and project-based vouchers administered by the Housing Authority of the County of Riverside (HACR). Actions taken to encourage public housing residents to become more involved in management and participate in homeownership There are no public housing developments or units planned for the City of Temecula in the next year. HACR continued to actively support and assist 106 Temecula households with Housing Choice Vouchers. Actions taken to provide assistance to troubled PHAs Not applicable. HACR is considered a High Performing PHA. 20 CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) In the development of the 2014-2021 Housing Element, the City evaluated significant public policies affecting affordable housing development such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges and growth limitations. Based on this evaluation, the City determined that it has taken all necessary steps to ameliorate the negative effects of public policies that may have been a barrier to affordable housing. Moreover, the City continued to engage with affordable housing developers concerning the siting of affordable housing and ensuring that the entitlement process runs smoothly from inception to completion. During the Program Year, the City prepared an Affordable Housing Overlay Ordinance, which identifies sites throughout the City where transitional and supportive housing is allowed by right, and provides incentives for affordable and senior housing. The Ordinance was presented to the Planning Commission on September 5, 2018 and will be presented to the City Council on September 25, 2018. In the last six years, the elimination of local Redevelopment Agencies by the State of California resulted in the loss of a crucial resource for the development and preservation of affordable housing. This was the most significant public policy change affecting affordable housing and residential investment. While there are mechanisms whereby certain affordable housing assets tied to the former Redevelopment Agencies may be utilized today, these resources are finite and scarce. Although the City no longer has access to Redevelopment Housing Set-Aside funds, the City continued to work with developers to utilize its Tax Allocation Bond proceeds to facilitate affordable housing development. Projected for completion in a future year, this strategy will eventually increase the supply of affordable housing and preserve existing affordable housing in the City. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The primary obstacles to meeting the underserved needs of low- and moderate-income people include the lack of funding from federal, state and other local sources, the high cost of housing that is not affordable to low-income people and the lack of availability of home improvement 21 financing in the private lending industry. To address these obstacles, the City invested CDBG funds through the 2017-2018 Action Plan in projects that provided grants to low- and moderate-income homeowners for home improvements, projects that provided public services to low- and moderate-income seniors, veterans, and people and those with special needs, and projects that prevented homelessness. To address underserved needs, the City allocated 100 percent of its non-administrative CDBG investments for Program Year 2017-2018 to projects and activities that benefit low- and moderate-income people. Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) The Residential Lead Based Paint Hazard Reduction Act of 1992 (Title X) emphasizes prevention of childhood lead poisoning through housing-based approaches. To reduce lead-based paint hazards, the rehabilitation of housing units built prior to January 1, 1978 included a lead-based paint testing and risk assessment process. Nearly all of Temecula's housing stock was built after 1978. Therefore, due to the limited CDBG funding and great demand for rehabilitation assistance, Habitat for Humanity has chosen to not address the needs of housing units where lead-based paint has been discovered or suspected. If lead-based paint were identified, the City would ensure that developers and contractors incorporate safe work practices and depending on the level of assistance, abate the lead-based paint as part of the scope of work to effectively reduce lead-based paint hazards to children in accordance with 24 CFR Part 35. Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The implementation of CDBG meeting the goals established in the 2017-2021 Consolidated Plan - Strategic Plan and this Annual Action Plan helped to reduce the number of poverty-level families by: • Supported a continuum of housing and public service programs to prevent and eliminate homelessness; • Supported housing preservation programs that assured low income households have a safe, decent and appropriate place to live; and • Supported a variety of public services for low- and moderate-income residents including seniors, veterans and those with special needs and those at-risk of homelessness offered by nonprofit organizations receiving CDBG public services grants. In addition to these local efforts, mainstream state and federal resources also contributed to reducing the number of individuals and families in poverty. Federal programs such as the Earned Income Tax Credit and Head Start provide pathways out of poverty for families who are 22 ready to pursue employment and educational opportunities. Additionally in California, the primary programs that assisted families in poverty were CaIWORKS, CalFresh (formerly food stamps) and Medi-Cal. Together, these programs provided individuals and families with employment assistance, subsidy for food, medical care, child care and cash payments to meet basic needs such as housing, nutrition and transportation. Other services were available to assist persons suffering from substance abuse, domestic violence, and mental illness. Actions taken to develop institutional structure. 91.220(k); 91.320(j) The institutional delivery system in Temecula is high functioning and collaborative—particularly the relationship between local government and the nonprofit sector comprised of a network of capable non-profit organizations that are delivering a full range of services to residents. Strong City departments anchor the administration of HUD grant programs and the housing, community and economic development activities that are implemented by the City support and enhance this existing institutional structure. The City of Temecula collaborated with affordable housing developers and nonprofit agencies that submitted applications for utilizing Tax Allocation Bond proceeds to ensure that the needs of low- and moderate-income residents are met as envisioned within the 2017-2021 Consolidated Plan -Strategic Plan. Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) To enhance coordination between public and private housing and social service agencies, the City consulted with and invited the participation of a wide variety of agencies and organizations involved in the delivery of housing and supportive services to low- and moderate-income residents in Temecula—particularly in the CDBG Target Areas. Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) The 2017-2021 City of Temecula Assessment of Fair Housing included four goals and action items to overcome impediments: Goal 1: Amend the Zoning Code to promote the development of affordable housing. Summary of Metrics, Milestones, and Timetables 1) Adopt an Affordable Housing Overlay (AHO) Program by June 30, 2018. During the 2017-18 Program Year, Staff presented the AHO to the Planning Commission on September 5, 2018 and will present to the City Council on September 25, 2018. 23 2) The City Council approved the 245-unit Cypress Ridge project, which will offer options for families with special needs. In addition, the City Council approved the Altair Specific Plan and general plan amendment for the construction of up to 1,750 dwelling units including micro-units and accessory dwelling units. Goal 2: Increase and preserve affordable units for renters and homeowners. Summary of Metrics, Milestones, and Timetables 1) In response to the affordable housing RFP, proposals have been reviewed and negotiations are underway for two affordable housing projects. 2) Marketing plans for above projects will include affirmative outreach methods for targeting protected classes. As part of the agreement with the developers, there will be a requirement to prepare and implement an affirmative marketing plan. 3) Marketing materials and affordable housing brochure for City-assisted housing program translated in Spanish. Material has been translated and on City webpage. 4) Fund Habitat for Humanity Critical Home Maintenance and Repair Program. Ten housing units completed in 2017-2018; in addition to improvements for four housing units completed in a prior year when the grant limits were lower. 5) Complete Phase III of Madera Vista affordable housing project construction by September 2019. The construction of this project is complete. 6) Rehabilitation of Rancho California Apartments by March 2018. Construction is complete. Goal 3: Provide greater access to public facilities and improvements for persons with disabilities Summary of Metrics, Milestones, and Timetables 1) The Americans with Disabilities (ADA) Transition Plan by December 2018 is complete. 2) Include First Phase ADA Improvement Project identified in ADA Transition Plan. CDBG funds budgeted for first phase ADA project. 3) Construct Ynez Road Sidewalk. Construction completed. 4) Pala Park Improvements. Construction to be completed in January 2020. 5) Sam Hicks Playground. Construction stalled due to contract litigation. Goal 4: Provide equal housing opportunities for protected classes Summary of Metrics, Milestones, and Timetables: 24 1) Fund Fair Housing Program with CDBG funds. Funded in 2017-2018 and budgeted in 2018-2019. 2) Annual Fair Housing Workshop. The City will be making a presentation on fair housing and the City's AFH goals at Temecula Trekkers on August 15, 2018. This meeting is attended by real estate agents and brokers, bankers, builders and others involved in the housing industry. 3) Fair Housing on City Website. Completed. A link on the City's website is provided to the Fair Housing Council of Riverside County, Inc. A copy of the AFH has been on the webpage since the previous year. 4) Fair Housing Material in City facilities. Completed. Fair housing information is available at City Hall, the Ronald H Roberts Public Library and other community centers. 5) Training of Homeless Providers on Fair Housing by 2022: The City is hosting a workshop with homeless providers on September 27, 2018 to discuss a comprehensive program for solving homelessness in Southwest Riverside County. 25 CR-40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements To ensure that CDBG funds were used efficiently and in compliance with applicable regulations, the City provided technical assistance to all subrecipients at the beginning of the Program Year and monitored the progress of its subrecipients throughout the Program Year. Technical Assistance The City provided a workshop and one-on-one training to the public service providers on an as- needed basis and performed daily oversight of the fiscal systems to track progress of the CDBG grant program. In 2017-2018, the City worked with subrecipients to close out findings from monitoring visits conducted in June 2017. Activity Monitoring All 2017-2018 activities were monitored, beginning with a detailed review upon receipt of an application to determine eligibility, conformance with a National Objective and conformance with a 2017-2021 City Consolidated Plan goal. This review also examined the proposed use of funds, eligibility of the service area, eligibility of the intended beneficiaries and likelihood of compliance with other federal requirements such as the National Environmental Policy Act, the System for Award Management (SAM) debarment list, prevailing wage, Minority and Women Business Enterprise, Section 3 and federal acquisition and relocation regulations, as applicable. During the year, the City provided technical assistance to subrecipients, which had findings and concerns. As a result, some of the subrecipients were found to have capacity issues and where those issues were unresolvable, funding commitments were nullified. In anticipation of a HUD monitoring visit, an in-depth monitoring was conducted of the Habitat for Humanity program with a number of issues corrected or resolved. Applicants for funding were required to submit a copy of their single audit, if the federal funding threshold under 2 CFR Part 200 was exceeded. Other documentation to establish their capacity, and any findings noted in the audit are reviewed with the applicant. Eligible applications are then considered for funding. Once funded, desk monitoring included ongoing reviews of quarterly performance reports. Monitoring also included an on-site fiscal and programmatic review of the subrecipient's activities. Areas routinely reviewed included overall administration, financial systems, appropriateness of program expenditures, program delivery, 26 client eligibility determination and documentation, reporting systems, and achievement toward achieving contractual goals. Following the monitoring visit, a written report was provided delineating the results of the review and any findings of non-compliance and the required corrective action. Subrecipients were given 30 days to provide the City with corrective actions taken to address any noted findings. Individualized technical assistance was provided, as noted above, as soon as compliance concerns were identified. For CDBG capital projects, monitoring also included compliance with regulatory agreement requirements. Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. In accordance with the City's adopted Citizen Participation Plan, a public notice was published in San Diego Union Tribune in English and in Spanish on September 10, 2018 notifying the public of the availability of the Consolidated Annual Performance and Evaluation Report for a 15-day public review and comment period. A copy of the public notices is included in Appendix A. The draft CAPER was available on the City website and at the following locations: City of Temecula Civic Center 41000 Main Street Temecula, California 92590 Ronald H. Roberts Temecula Public Library 30600 Pauba Road Temecula, California 92592 A public hearing was conducted before the City Council on Tuesday, September 25, 2018 to solicit comments from residents and interested parties. A summary of any written or oral comments received during the public hearing is included in Appendix B. 27 CR-45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction's program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. CDBG funds made a significant impact on strategies to address the high priority needs identified in the 2017-2021 Consolidated Plan — Strategic Plan. As shown in Figure 1 in section CR-05, significant progress was made towards many of the Strategic Plan and AFH goals during the year. Affordable Housing Development No CDBG funds were allocated to this AFH goal. The City is negotiating with two developers on the development of two different affordable housing projects. Construction is anticipated in Program Year 2021-2022. Housing Preservation CDBG funds are being effectively used to address the rehabilitation of the City's housing stock. As mentioned earlier in this report, the City funded the Habitat for Humanity Critical Home Maintenance and Repair Program, which successfully completed the rehabilitation of ten housing units. No changes are needed to this program. Fair Housing Services The Fair Housing Council of Riverside County provided fair housing outreach, education and enforcement activities, including landlord-tenant matters. During the Program Year, this activity met its service goal of 350 people by serving 350 people with providing landlord tenant mediation for 317 clients and processing 33 anti-discrimination cases. No changes are needed to this program. Services for low-and moderate-income residents Through its subrecipients, the City served 170 low- and moderate-income residents with important public services. The City continues to work with its subrecipients to ensure they have the capacity to meet their goals and comply with federal regulations governing the CDBG program. The City will be amending its five-year goals to provide more accurate projections regarding the services rendered by its subrecipients. Services for residents with special needs 28 Through its subrecipients, the City provided public services to eleven residents with special needs. The City continues to work with its subrecipients to ensure they have the capacity to meet their goals and comply with federal regulations governing the CDBG program. The City will be amending its five-year goals to provide more accurate service projections rendered by its subrecipients. Services for the homeless and at risk of homelessness Through its subrecipients and County departments, the City provided public services to eleven homeless persons and those at risk of homelessness. The City continues to work with its subrecipients to ensure they have the capacity to meet their goals and comply with federal regulations governing the CDBG program. The City will be amending its five-year goals to more accurately project services rendered by its subrecipients. Services for seniors and veterans Through its subrecipients, the City provided public services to twenty-five seniors and veterans. The City continues to work with its subrecipients to ensure they have the capacity to meet their goals and comply with federal regulations governing the CDBG program. The City will be amending its five-year goals to more accurately project service rendered by its subrecipients. Public Facilities and Infrastructure Improvements To improve City of Temecula's public facilities and infrastructure to benefit low- and moderate income people or those presumed under HUD regulations to be low- and moderate-income such as elderly people and disabled adults as well as residents of low- and moderate-income housing, the City invested most of its CDBG resources to address this Strategic Plan goal Two of the four public facilities and infrastructure activities were completed during the Program Year. The remaining projects are either under construction or being bid for construction as of June 30, 2018. No changes are needed with these projects. Small business creation and expansion The City did not allocate any CDBG funds for this activity. However, eleven startup businesses participating in the City-funded incubator program. There were also 281 one-on-one consultations, resulting in the creation of twelve new jobs. AFH: Amend land use and zoning The City Planning Commission made a recommendation for approval on the proposed Affordable Housing Overlay Ordinance and Density Bonus Ordinance on September 5, 2018. The City will be conducting a hearing on September 25, 2018 to consider the adoption of the Ordinances. 29 AFH: Inaccessibility The City completed the ADA Transition Plan and using it as a guide to prioritizing the needs of persons with disabilities. 30 APPENDIX A Public N otires 31 NOTICE OF PUBLIC REVIEW FOR THE CITY OF TEMECULA COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSOLIDATED ANNUAL PERFORMANCE& EVALUATION REPORT (CAPER) FOR FISCAL YEAR 2017-2018 NOTICE IS HEREBY GIVEN that the City of Temecula has prepared its draft Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) for 2017-2018. The publication of this notice is the beginning of the 15-day public review period required under Federal Regulations at 24 CFR 91. The public review and written comment period begins September 10. 2018 and runs through September 25, 2018. NOTICE IS HEREBY FURTHER GIVEN that the Consolidated Annual Performance and Evaluation Report (CAPER) for 2017-2018 will be presented to the City Council for approval on following date: DATE: September 25, 2018 TIME: 7:00 p.m. LOCATION: City Council Chambers, 41000 Main Street, Temecula, CA 92590 At this meeting, the City Council will receive public comments on the draft CAPER that will be submitted to the U.S. Department of Housing and Urban Development(HUD). BACKGROUND Pursuant to the United States Department of Housing and Urban Development (HUD) regulations, the City of Temecula has prepared the draft Consolidated Annual Performance Evaluation Report (CAPER) for the 2017-2018 Community Development Block Grant(CDBG) Program Year. The CAPER provides an assessment of the City's performance in meeting Fiscal Year 2017-2018 housing and community development goals as outlined in the previously adopted Fiscal Year 2017-2018 One-Year Action Plan. Additionally, the CAPER discusses changes the City anticipates making in the upcoming year as a result of the assessment of 2017-2018 annual performance. PUBLIC COMMENT Copies of the Draft CAPER will be available for public review at the following locations: City of Temecula Community Development Department 41000 Main Street Temecula, CA 92590 Ronald H. Roberts Temecula Public Library 30600 Pauba Road Temecula, CA 92592 In addition, the Draft CAPER is posted on the City's webpage at TemeculaCA.gov/CDBG The public is invited to submit written comments on the CAPER. All comments relative to the document should be submitted to the City of Temecula Community Development Department no later than 2:00 p.m. on September 25, 2018. Questions and written comments regarding the draft CAPER may be addressed to Lynn Kelly-Lehner, Principal Management Analyst with the City of Temecula Community Development Department, 41000 Main Street, Temecula, California 92590. You may also call (951) 506-5172 or email lynn.lehnercityoftemecula.orq with any questions concerning the above document. 32 ACCESSIBILITY TO MEETINGS AND DOCUMENTS It is the objective of the City to comply with Section 504 of the Rehabilitation Act of 1973, as amended, the Americans with Disabilities Act (ADA) of 1990 and the ADA Amendment Act of 2008, the Fair Housing Act, and the Architectural Barriers Act in all respects. If you require public documents in an accessible format, the City will make reasonable efforts to accommodate your request. If you require a disability- related accommodation to attend or participate in a hearing or meeting. including auxiliary aids or services, please contact the City Clerk's Office at least 48 hours prior to the meeting at (951) 240-4225. Randi Johl City Clerk Publish: September 10, 2018 33 AVISO DE AUDIENCIA PUBLICA Y REVISION PARA EL AYUNTAMIETO DE LA CIUDAD DE TEMECULA BORRADOR DEL REPORTE DE LA EVALUACION DEL DESEMPENO ANUAL CONSOLIDADO (CAPER) PARA EL ANO FISCAL 2017-2018 POR MEDIO DE LA PRESENTE SE NOTIFICA que el Ayuntamiento de la Ciudad de Temecula ha preparado su borrador del Reporte de la Evaluacion del Desempeno Anual Consolidado (CAPER, por sus siglas en ingles) para el ano 2017-2018 de Subsidios Globales para el Desarrollo Comunitario (CDBG, por sus siglas en ingles). La publicacion de este aviso es el inicio del periodo de revision publica de 15 dias requerido por las Regulaciones Federal del 24 CFY91. El periodo de revision publica y los comentarios por escrito comienzan en el 10 de Septiembre 2018 y corre hasta el martes, el 25 de septiembre. 2018. ADEMAS, POR MEDIO DE LA PRESENTE TAMBIEN SE NOTIFICA que el borrador del Reporte de la Evaluacion del Desempeno Anual Consolidado (CAPER) para el ano 2017-2018 sera presentado al Concejo Municipal para su aprobacion en la fecha que se indica enseguida: FECHA: el 25 de septiembre. 2018 HORA: 7:00 p.m. LUGAR: Camara del Concejo Municipal, 41000 Main Street, Temecula, CA 92590 En esta junta, el Concejo Municipal recibira comentarios publicos sobre el borrador delo CAPER el cual sera presentado a el Departamento de Vivienda y Desarrollo Urbano de los Estados Unidos (HUD, por sus siglas en ingles. ANTECEDENTES En conformidad a las regulaciones del Departamento de Vivienda y Desarrollo Urbano de los Estados Unidos (HUD), el Ayuntamiento de Temecula ha preparado su borrador del Reporte de la Evaluacion del Desempeno Anual Consolidado (CAPER) para el ano 2017-2018 de Programa Anual de Subsidios Globales para el Desarrollo Comunitario (CDBG). El CAPER proporciona una evaluacion del rendimiento del Ayuntamiento de la Ciudad con el cumplimiento de las metas del Ano Fiscal 2017-2018 de vivienda y desarrollo urbano tal y como se delineo en el Plan de Desempeno Anual 2017-2018 previamente adoptado. Ademas. el CAPER habla de cambios que el Ayuntamiento de la Ciudad anticipa hacer en el ano proximo a consecuencia de la evaluacion del rendimiento anual 2017-2018. COMENTARIO PUBLICO Copias del borrador del CAPER estaran disponibles para revision publica en los siguientes lugares: Ayuntamiento de la Ciudad de Temecula Departamento de Desarrollo Comunitario 41000 Main Street Temecula. CA 92590 (951) 506-5172 Biblioteca Pt blica de Temecula Ronald H. Roberts 30600 Pauba Road Temecula. CA 92592 Ademas, el Borrador del CAPER (por sus siglas en ingles) se publica en el Sitio Web del Ayuntamiento de la Ciudad en TemeculaCA.gov/CDBG El publico esta invitado a presentar sus comentarios por escrito sobre el CAPER. Todos los comentarios relativos al documento deberan ser enviados al Ayuntamiento 34 de la Ciudad de Temecula. Departamento de Desarrollo Comunitario no más tarde de las 2:00 p.m. el 25 de septiembre de 2018. Preguntas y comentarios por escrito referente al borrador del CAPER pueden ser dirigidos a Lynn Kelly- Lehner, Analista Superior de Gerencia, Ayuntamiento de la Ciudad de Temecula, Departamento de Desarrollo Comunitario, 41000 Main Street, Temecula, California 92590. Tambien puede comunicarse al telefono (951) 506-5172 o por correo electronico al domicilio lynn.lehnera(�cityoftemecula.orq para cualquier pregunta que le concierne sobre dicho documento. ACCESIBILIDAD A LAS JUNTAS Y DOCUMENTOS El Ayuntamiento tiene como objetivo cumplir en todo con respecto ala Seccion 504 de la Ley de Rehabilitacion de 1973. tal y como se enmendo, la Ley de Americanos con Discapacidades (ADA) de 1990 y la Ley de Enmienda a ADA del 2008, la Ley de Vivienda Justa, y la Ley de Barreras Arquitectonicas. Si usted necesita documentos publicos en un formato accesible, el Ayuntamiento hara to posible dentro de lo razonable para dar cabida a su peticion. Si usted requiere acomodo especial debido a alguna discapacidad para asistir o participar en una audiencia o junta, incluyendo aparatos auxiliares o servicios, por favor comuniquese a la Oficina del Secretario Municipal por to menos 48 horas antes de la junta al (951) 240-4225. Randi Johl Secretaria Municipal Publicar: Septiembre 10, 2018 35 APPENDIX B Summary of Citizen Participation Comments In compliance with the City's approved Citizen Participation Plan and implementing regulation 24 CFR 91.105, a public notice was published (see attached proof of publication) to solicit public comments from interested citizens regarding the draft 2017-2018 CAPER. The draft CAPER was made available to the general public for a period of 15 days in order to provide an opportunity for the public to review the document. The public hearing to solicit public input and comment on the CAPER and the City's performance during 2017-2018 was held at the City Council Chambers at 41000 Main Street, Temecula, California, on September 25, 2018. The following is a summary of Citizen Participation comments: Public comments will be included after the conclusion of the Public Hearing. APPENDIX C C ity C om m unity SenrMces G rants NAME Total AACT International Ministry (Agape Apostolic Community Temple of Salvation) 5,000.00 Alzheimer's Association 2,000.00 Animal Friends of the Valley 500.00 Assistance League of Temecula 5,000.00 Birth Choice of Temecula 9,500.00 Boys&Girls Club of Southwest County 7,500.00 California Lions Foundation c/o Heart of Temecula Leo Club 1,000.00 Canine Support Teams, Inc. 2,500.00 Chamber of Commerce:Student of the Month Program 750.00 Charity for Charity 750.00 Community Mission of Hope 5,000.00 Habitat for Humanity/Habitat for Humanity, Inland Valley 5,000.00 Hospice of the Valleys 5,000.00 Inland Valley Business&Community Foundation-TEDx 500.00 Jacob's House 2,500.00 Michelle's Place/Women's Breast Cancer Resource Center 5,000.00 Michelle's Place: Reality Rally 1,000.00 Our Nicholas Foundation 5,000.00 Phoenix Patriot Foundation 1,000.00 Project Touch 1,500.00 Reins Therapeutic Horsemanship Program 1,000.00 Rose Again Foundation 11,250.00 Rotary Club of Temecula/Rotary Club of Temecula Foundation 5,000.00 SAFE Alternatives for Everyone 2,500.00 Santa Rosa Plateau Nature Education Foundation 1,000.00 Special Olympics Southern CA Temecula Valley 2,500.00 Temecula Valley Helping Hands/LDS Church 2,500.00 Temecula Valley Posse 1,250.00 THESSALONIKA Family Services/Rancho Damacitas 5,000.00 Toward Maximum Independence 2,000.00 Voices for Children/Court Appointed Special Advocate(CASA) Program 2,000.00 Wounded American Veterans Experience Scuba (WAVES) 5,000.00 TOTAL 107,000.00 APPENDIX D IL) TS R epos PRO1: HUD Grants and Program Income Report PRO2: List of Activities by Program Year PRO3: CDBG Activity Summary Report PRO6: Summary of Consolidated Plan Projects PRO9: Program Income Details by Fiscal Year and Program PR23: CDBG Summary of Accomplishments PR26: CDBG Financial Summary Current reports were not available at the time of printing. IDIS reports will be included in the final CAPER when they become available. NOTICE OF PUBLIC REVIEW FOR THE CITY OF TEMECULA COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) CONSOLIDATED ANNUAL PERFORMANCE &EVALUATION REPORT(CAPER) FOR FISCAL YEAR 2017-2018 PROOF OF PUBLICATION NOTICE IS HEREBY GIVEN ' (CDBG City of dat dcu°a has Perform c draft Community Oewebpmera Block Grant fCDBGr Consolidated Annual Performance and Evaluation Report'CAPER1 tot 2017-20'8.The publication of this notice is the beginning of (2015.5 C.C.P.) the 15 day public review period required under Federal Regulations at 24(FR 91 The pubic review and written comment period begins September 10.2018 and runs through September 25,20 8. NOTICE IS HEREBY FURTHER GIVEN that the Consolidated Annual Performance STATE OF CALIFORNIA a:A hauation Report CAPER toy 2017-2018 will be presented to the City Council for approval On totov.vng date County of Riverside DATE: September 25.2018 TIME: 7.00 p.m. LOCATION: City Counch Chambers, I am a citizen of the United States and a resident of the 41000 Ma.n Street.Temecula,CA 92590 County aforesaid: I am over the age of eighteen years and At this meeting,the City Council will receive public comments on the draft CAPER that will be not o party to or interested in the above-entitled matter. I subnutted to the U S.Department of Housing and Urban Development rHUD). am the principal clerk of the printer of BACKGROUND Pursuant to Me United States Depart+neat of Housing and Lrban Development THUD) regulations,the Cl),of Temecula has prepared the draft Consolidated Annual Performance THE CALIFORNIAN Evaluation Report CAPER)for the 2017.2018 Community Development Bloc.Giant;CDBG; Program Year An Edition of The Son Diego Union-Tribune The CAPER provides an assessment of the City s performance in meeting Fiscal Year 2017- 2018 housing and tommun ty devetoptneit goals as outlined in the previously adopted Fiscal A newspaper of general circulation, published DAILY in the Year 2017-2018 One-Year AQ.on Plan Additionally the CAPER discusses changes the City City of Temecula, California, 92590, County of Riverside, anticipates asking in tie upcoming year as a result of the assessment of 20'7-20'8 annual performance Three Lake Judicial District, and which newspaper has been adjudicated a newspaper of general circulation by the PUBLIC COMMENT Copies of the Drah CAPER via be available to.puohc review at the following locations: Superior Court of the County of Riverside,State of California, under the date of February 26, 1991, Case Number 209105; City of Temecula Community Development Department 4'000 Main Street that the notice, of which the annexed is a printed copy (set Temecula,CA 92590 in type not smaller than nonpareil), has been published in Ronald H.Roberts Temecula Public Library each regular and entire issue of said newspaper and not in 30600Pauba Road any supplement thereof, on the following dates,to wit: Temecula,CA 92592 Ir add tion,the Draft CAPER is posted on tree City s webpage at temeculaCA gov C1)86 Tne pubic is invited to submit written comments on the CAPER All comments relative to the September 10T", 201 8 document should be submitted to the City of Temecula Community Development Department no'atm than 200 p.m on September 25 2018. Questions and written comments regarding the draft CAPER may tie addressed to Lynn Kell Lehner,Principal Management Analyst with the City of Temecula Community Development I certify (or declare) under penalty of perjury that the Department,41000 Main Street.Temecula,California 92590 You may also call 1951 506- fore foregoing is true and correct. 506- 5172 or email tynn.iehneritTemeculaCA.gov with any questions concerning the above 9 9 document ACCESSIBILITY TO MEETINGS AND DOCUMENTS Dated at TEMECULA, California, this It stheobjectiveoftheCitytocomolywithSection504oftheRehab'lilat.onActof 1973,as 10TH dayof 201 8 amended,the Americans with!liabilities Act(ADA)of'990 arid the ADA Amendment Act of September, 2008,the Fair Housing Act and the Architectural Barriers Act in all respects.If you require public documents in an accessib e format, the City will make reasonable efforts to accommodate y0u•request If you require a disability-related accommodation to attend or participate in a nearing or ineet.ng,including auudiaiy aids or sen.cesplease contact the City Oerk s Office at least 48 hours prior to the nesting at 19511240-4225 Pub:09/10/2018. 5865987 Analisa Pablo-Legal Advertising The Californian-an Edition of the San Diego Union Tribune 28441 Rancho California Rd. Suite 103, Temecula, CA 92590 CITY OF TEMECULA NOTICE OF PUBLIC REVIEW ENGLISH AD# 5865987 AVISO DE AUDIENCIA PUBLICA Y REVISION PARA EL AYUNTAMIETO DE LA CIUDAD DE TEMECULA BORRADOR DEL REPORTE DE LA EVALUACION DEL DESEMPENO ANUAL CONSOLIDADO(CAPER) PARA EL ANO FISCAL 2017-2018 POR MEDIO DE LA PRESENTE SE NOTIFICA etre el Ayuniarmento de la C udad de Temecula ha prc,ma--su bo+radc' Reporte de la Evaluation del Desempeno PROOF O F PUBLICATION A^ual Consolidado ,CAPER,pa' sus sglas en Ingres) para el ano 2017-2018 de Subsrdros Globales para el Desarrollo Comunrtano+CDBG,poi sus snyes en rng'es. La publ,cauon de 20 1 C•J C C•C•P.\ este arrso es e'mrtq del peUOdo de rwrso•r publics de'5 d,as requendo pa las Requlacones 1`` J J Federa:der 24 CFY91.El penodo de revaan puWita y.os comentanos poi escnto camrenzan en el 10 de Septaemore 20'8 y carets/Isla el manes.el 2S de septrernbre.2018 ADEMAS,POR MEDIO DE LA PRESENTE TAMBIEN SE NOTIFICA que STATE OF CALIFORNIA el borrado'del Recorte de(a Eva+uac.on del Desernpe'o Anual Conso rdado CAPER:para e' ano 20172018 sera presented°al Concelo Municipal para sr,aprobaciOc en 1a lecha que se County of Riverside it'd'Caensequida: FECHA: r 25 de septrembre.20'8 HORA: 7.00 p.m I am a citizen of the United States and a resident of the LUGAR: (antra de,ConceroVlunrcrpa•, 47000 Pam Street.Temecula,CA 92590 County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I En este Junta,e'Concep Munrclpr recibira comentanos pub'cos Sobre el bolrador delo CAPER e!coal seta presented°a e Departamento de Viv enda y Desarrollo Urbano de los Estados am the principal clerk of the printer of UmdosMUD,porSus vglasenmoles. ANTECEDENTES THE CALIFORNIAN En Confounded a las regulacones del Departamento de Vrvrenda y Desarrollo Matto de los Estados Undos iHUD:,e"Ayuntam'ento de Temecula ha prepared°su boned°,del Reporte de An Edition of The San Diego Union-Tribune la Eva sauon del Desernpeno Anual Consolidado(CAPER; parer afro 2017-2018 de Programa A-+ual de Subsidros Globales para el Desarralo Carunttx'o 1CDBG1. A newspaper of general circulation, published DAILY in the EI CAPER proporno^a unit e.aluacon del rerideniento del Ayuntarnrento de is[voted con r cumplmaiento de las metas del Ano Fiscal 2017-2018 de vrvienda y desarroho urbano tel y City of Temecula, California, 92590, County of Riverside, tomo se dHmeo en er Plan de Desempeno Anual 2017-2018 preriamente adoptedo.*dermas, Three Lake Judicial District, and which newspaper has been ei CAPER habia de cambos que el Ayuntamiento de la Coaled antkpa hater en ei ano proximo a corasecuerrcia dela evaluaoon del rendrrrrrento antral 2017-2018 adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside,State of California, COMENTARIO PUBLICO under the date of February 26, 1991, Case Number 209105; Copies del bonrador de CAPER estarin drsporubles para revision publaca en los sigurentes lugares. that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in Ayuntamiento dela Ciudad de Temecula Departamento de Desarrollo Comunrtarro each regular and entire issue of said newspaper and not in ., din sue any supplement thereof,on the following dates, to wit: trnK:urr CA 925,-. 1951,506-517: Biblioteca Publics de Temecula Ronald H.Roberts September 10TH, 2018 30600PaubaRuau Temecula.CA 92592 Ademis,el Borrador del CAPER toot sus siglas en ingles) se pubbca enc el Sitio Web dr Ayuntamiento de la Ciudad en TemeculaCA.gos•CD8G El publico esu Hurtado a presenter sus I certify (or declare) under penalty of perjury that the comentarios pot esurto sobre el CAPER Todos :os carsentanos relat vos al documento deberan ser envudos al Ayuntarmento de a C udad de Temecula.Departamento de Desarrollo foregoing is true and correct. C°ntun,tarro no mss tarde de las 2.00 p.m el 25 de sept embre de 2018. Preguntes y comenurros pot escnto relerente al borrador del CAPER pueden ser durgrdos a Dated at TEMECULA, California, this Lynn Reny-Lehner.Anabsta Superior de Gerencia.Ayuntamiento de la Gudad de Temecula. Departamento de Desarrollo Comurutano,41000 Main Sueet, Ternecu a, CaI forma 92590 10TH dayof September, 201 8 Tambren puede comunicarse al teletono(951 506-5172 o por correo electronic°al domialio lynn.lehner_3TemeculaCA.go. para cua:auier pregunta que a concerne sobre draw dorun,e.,1., ACCESIBILIDAD A LAS JUNTAS Y DOCUMENTOS /s/ El Ayuntarniento Irene conic oblebvo cumphr en todo colt respect°a la Section 504 de la Ley `y t de Rehabd,tauon de 1973,ta y come Se enmendo.la Ley de AmenGnof con Discapacidades Analisa Pablo-Legal Advertising (ADA)de 1990 y la ley de Emnrenda a ADA del 2008,la ley de Vmrenda lusts,y la Ley de Barreres Arquitecton:cas Sr usted necesda documentos pubhcos en un formato acceuble.e Ayuntamiento hard'a posible dentro de b razoneble para Oat cablda a su peacon. St usted require acomodo especial debdo a alquna d'scapacdad para asistir o particpar en una audiencaa O junta, ,ncluyendo aparatoS auaalrares 0 srW4os, pot Uva comunrquese a la The Californian-an Edition of the San Diego Union Tribune ()firma del Sectetano Munro pal poi lo memos 48 Naas antes de la Lucite ai 05•'240-4225 28441 Rancho California Rd. Suite 103, Temecula, CA 92590 Pub:09/10/2018. 58166023 CITY OF TEMECULA NOTICE OF PUBLIC REVIEW SPANISH AD# 5866023 RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT (CAPER) WITH THE ADDITION OF PUBLIC COMMENTS, AND AUTHORIZING STAFF TO SUBMIT THE REPORT TO THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. A. The City Council adopted Resolution No. 11-42 on June 14, 2011 initiating the City to obtain entitlement community status from the U.S. Department of Housing and Urban Development (HUD), and authorized the Director of Planning to prepare and return for City Council approval all documents required for the designation as an entitlement city, including a Five-Year Consolidated Plan, an Action Plan, a Citizen Participation Plan, an Analysis of Impediments to Fair Housing, and a Community Development Needs Assessment; B. The City Council adopted Resolution No. 11-78 on November 1, 2011, approving a Citizen Participation Plan that sets forth the City's policies and procedures for citizen participation in the development of its Five-Year Consolidated Plan, Annual Action Plans, Annual Performance Reports. and any substantial amendments deemed necessary for direct administration of federal Community Development Block Grant (CDBG) funds. C. The City Council adopted Resolution No. 12-30 on April 10, 2012, approving the Five-Year Consolidated Plan and 2012-13 Annual Action Plan required by HUD for the City to receive federal CDBG funds each year. D. The City Council adopted Resolution No. 13-24 on April 23, 2013, approving the 2013-14 Annual Action Plan required by HUD to receive federal CDBG funds each year. E. The City Council adopted Resolution No. 14-22 on April 22, 2014, approving the 2014-15 Annual Action Plan required by HUD to receive federal CDBG funds each year. F. The City Council adopted Resolution No. 15-21 on April 14, 2015, approving the 2015-16 Annual Action Plan required by HUD to receive federal CDBG funds each year. G. The City Council adopted Resolution No. 16-25 on April 26, 2016, approving the 2016-17 Annual Action Plan required by HUD to receive federal CDBG funds each year. H. The City Council adopted Resolution No. 17-24 on April 25, 2017 approving the 2017-18 Annual Action Plan and 2017-21 Five-Year Consolidated Plan required by HUD to receive federal CDBG funds each year. I. The Consolidated Annual Performance Evaluation Report (CAPER) for 2017-18 has been prepared as required by HUD. J. The CAPER is an annual report that reviews the success of the City in achieving the goals outlined in the 2017-2021 Five-Year Consolidated Plan and Annual Action Plan. K. The City is required to submit this report because of its annual receipt of CDBG funds. L. The City Council considered the CAPER at a publicly noticed meeting on September 25, 2018, and the City Council considered all information related to this matter, including any information and comments provided during the public review period or at the public meeting. Section 2. The City Council hereby approves the Consolidated Annual Performance Evaluation Report (CAPER), attached as Exhibit A; the City Manager or the City Manager's duly authorized designee is hereby authorized to insert into Exhibit A, a summary of public input provided during the meeting of September 25, 2018; delegates authority to the City Manager, or the City Manager's duly authorized designee, to submit the documents to HUD. Section 3. Certification. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of September, 2018. Matt Rahn, 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. 18- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25th day of September, 2018, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk NOTICE OF PUBLIC REVIEW FOR THE CITY OF TEMECULA COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) CONSOLIDATED ANNUAL PERFORMANCE& EVALUATION REPORT(CAPER) FOR FISCAL YEAR 2017-2018 NOTICE IS HEREBY GIVEN that the City of Temecula has prepared its draft Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) for 2017-2018. The publication of this notice is the beginning of the 15-day public review period required under Federal Regulations at 24 CFR 91.The public review and written comment period begins September 10, 2018 and runs through September 25, 2018. NOTICE IS HEREBY FURTHER GIVEN that the Consolidated Annual Performance and Evaluation Report (CAPER) for 2017-2018 will be presented to the City Council for approval on following date: DATE: September 25, 2018 TIME: 7:00 p.m. LOCATION: City Council Chambers, 41000 Main Street, Temecula, CA 92590 At this meeting,the City Council will receive public comments on the draft CAPER that will be submitted to the U.S. Department of Housing and Urban Development(HUD). BACKGROUND Pursuant to the United States Department of Housing and Urban Development(HUD) regulations,the City of Temecula has prepared the draft Consolidated Annual Performance Evaluation Report (CAPER) for the 2017-2018 Community Development Block Grant (CDBG) Program Year. The CAPER provides an assessment of the City's performance in meeting Fiscal Year 2017-2018 housing and community development goals as outlined in the previously adopted Fiscal Year 2017-2018 One-Year Action Plan. Additionally, the CAPER discusses changes the City anticipates making in the upcoming year as a result of the assessment of 2017-2018 annual performance. PUBLIC COMMENT Copies of the Draft CAPER will be available for public review at the following locations: City of Temecula Community Development Department 41000 Main Street Temecula, CA 92590 Ronald H. Roberts Temecula Public Library 30600 Pauba Road Temecula, CA 92592 In addition, the Draft CAPER is posted on the City's webpage at TemeculaCA.00v/CDBG The public is invited to submit written comments on the CAPER. All comments relative to the document should be submitted to the City of Temecula Community Development Department no later than 2:00 p.m.on September 25, 2018. Questions and written comments regarding the draft CAPER may be addressed to Lynn Kelly-Lehner, Principal Management Analyst with the City of Temecula Community Development Department, 41000 Main Street, Temecula, California 92590. You may also call (951) 506-5172 or email Iynn.lehnerPTemeculaCA.gov with any questions concerning the above document. ACCESSIBILITY TO MEETINGS AND DOCUMENTS It is the objective of the City to comply with Section 504 of the Rehabilitation Act of 1973, as amended, the Americans with Disabilities Act (ADA) of 1990 and the ADA Amendment Act of 2008, the Fair Housing Act, and the Architectural Barriers Act in all respects. If you require public documents in an accessible format, the City will make reasonable efforts to accommodate your request. If you require a disability-related accommodation to attend or participate in a hearing or meeting, including auxiliary aids or services, please contact the City Clerk's Office at least 48 hours prior to the meeting at (951) 240-4225. Public Hearings 18-12 English AVISO DE AUDIENCIA PUBLICA Y REVISION PARA EL AYUNTAMIETO DE LA CIUDAD DE TEMECULA BORRADOR DEL REPORTE DE LA EVALUACION DEL DESEMPENO ANUAL CONSOLIDADO(CAPER) PARA EL ANO FISCAL 2017-2018 POR MEDIO DE LA PRESENTE SE NOTIFICA que el Ayuntamiento de la Ciudad de Temecula ha preparado su borrador del Reporte de la Evaluacion del Desempeno Anual Consolidado(CAPER, por sus siglas en ingles)para el alio 2017-2018 de Subsidios Globales para el Desarrollo Comunitario (CDBG, por sus siglas en ingles). La publicaciOn de este aviso es el inicio del periodo de revisiOn publica de 15 dias requerido por las Regulaciones Federal del 24 CFY91. El period() de revisiOn publica y los comentarios por escrito comienzan en el 10 de Septiembre 2018 y corre hasta el manes, el 25 de septiembre, 2018. ADEMAS, POR MEDIO DE LA PRESENTE TAMBIEN SE NOTIFICA que el borrador del Reporte de la EvaluaciOn del Desempeno Anual Consolidado(CAPER) para el ano 2017-2018 sera presentado al Concejo Municipal para su aprobacion en la fecha que se indica enseguida: FECHA: el 25 de septiembre, 2018 HORA: 7:00 p.m. LUGAR: Camara del Concejo Municipal, 41000 Main Street, Temecula, CA 92590 En esta junta, el Concejo Municipal redbird comentarios publicos sobre el borrador delo CAPER el cual sera presentado a el Departamento de Vivienda y Desarrollo Urbano de los Estados Unidos (HUD, por sus siglas en ingles. ANTECEDENTES En conformidad a las regulaciones del Departamento de Vivienda y Desarrollo Urbano de los Estados Unidos (HUD), el Ayuntamiento de Temecula ha preparado su borrador del Reporte de la EvaluaciOn del Desempeno Anual Consolidado (CAPER) para el ano 2017-2018 de Programa Anual de Subsidios Globales para el Desarrollo Comunitario (CDBG). El CAPER proporciona una evaluacion del rendimiento del Ayuntamiento de la Ciudad con el cumplimiento de las metas del Ano Fiscal 2017-2018 de vivienda y desarrollo urbano tal y como se delineO en el Plan de Desempeno Anual 2017-2018 previamente adoptado. Ademas, el CAPER habla de cambios que el Ayuntamiento de la Ciudad anticipa hacer en el ano proximo a consecuencia de la evaluacion del rendimiento anual 2017-2018. COMENTARIO PUBLICO Copias del borrador del CAPER estaran disponibles para revision publica en los siguientes lugares: Ayuntamiento de la Ciudad de Temecula Departamento de Desarrollo Comunitario 41000 Main Street Temecula, CA 92590 (951) 506-5172 Biblioteca Publica de Temecula Ronald H. Roberts 30600 Pauba Road Temecula, CA 92592 Ademas, el Borrador del CAPER (por sus siglas en ingles) se publica en el Sitio Web del Ayuntamiento de la Ciudad en TemeculaCA.gov/CDBG El publico esta invitado a presentar sus comentarios por escrito sobre el CAPER. Todos los comentarios relativos al documento deberan ser enviados al Ayuntamiento de la Ciudad de Temecula, Departamento de Desarrollo Comunitario no más tarde de las 2:00 p.m. el 25 de septiembre de 2018. Preguntas y comentarios por escrito referente al borrador del CAPER pueden ser dirigidos a Lynn Kelly-Lehner, Analista Superior de Gerencia, Ayuntamiento de la Ciudad de Temecula, Departamento de Desarrollo Comunitario, 41000 Main Street, Temecula, California 92590. Tambien puede comunicarse al telefono (951) 506-5172 o por correo electrOnico al domicilio lynn.lehner@TemeculaCA.00v para cualquier pregunta que le concierne sobre dicho documento. ACCESIBILIDAD A LAS JUNTAS Y DOCUMENTOS El Ayuntamiento tiene como objetivo cumplir en todo con respecto a la SecciOn 504 de la Ley de RehabilitaciOn de 1973, tal y como se enmendO, la Ley de Americanos con Discapacidades (ADA) de 1990 y la Ley de Enmienda a ADA del 2008, la Ley de Vivienda Justa, y la Ley de Barreras ArquitectOnicas. Si usted necesita documentos pUblicos en un formato accesible,el Ayuntamiento hara to posible dentro de lo razonable para dar cabida a su peticion. Si usted requiere acomodo especial debido a alguna discapacidad para asistir o participar en una audiencia o junta, incluyendo aparatos auxiliares o servicios, por favor comuniquese a la Oficina del Secretario Municipal por lo menos 48 horas antes de la junta al (951)240- 4225. Public Hearings 18-12 English Item No . 16 Approvals Mr- Director City Attorney ��'"7/ - Director of FinanceJ-V City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Director of Community Development DATE: September 25, 2018 SUBJECT: Approve an Amendment to the City of Temecula Development Code, Establishing an Affordable Housing Overlay Zone Ordinance that Would Allow for the Development of Affordable Housing Projects on 44 Parcels throughout the City PREPARED BY: Dale West, Associate Planner II RECOMMENDATION: That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 18- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ADD CHAPTER 17.21 ESTABLISHING AN AFFORDABLE HOUSING OVERLAY ZONE, AND MAKING THE DETERMINATION THAT THE PROPOSED ORDINANCE IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (LONG RANGE PLANNING PROJECT NO. LR14-0010) SUMMARY OF ORDINANCE: A proposed amendment to the City of Temecula Development Code. to add a new Chapter 17.21, establishing an Affordable Housing Overlay (AHO) Zone that would allow for the potential development of multi-family housing on 44 parcels throughout the City. The City's 2014 - 2021 Housing Element identified that the City would establish an AHO Zone, implementing Program 1 of the City's 2014 - 2021 Housing Element, by amending the City's Development Code to establish an AHO Zone. The AHO Zone will provide the opportunity for ministerial approval of multi-family housing projects on all AHO parcels, as well as certain mixed-use projects on the parcels identified for the Uptown Temecula Specific Plan area, if a proposed project complies with the requirements of the overlay zone. BACKGROUND: In order to address the growing shortage of housing and affordable housing across California, the State adopted a series of housing bills in 2017, referred to as the 2017 Legislative Housing Package. These bills strengthen housing-planning law to ensure appropriate land is available for new development and impose new requirements on local governments to meet their legally mandated housing targets. The 2017 Housing Package requires cities to take a closer look at their Housing Elements and ensure that the cities have implemented the programs set forth in their Housing Element. The Housing Package authorizes increased enforcement of state housing-planning law, and enables the State Housing and Community Development Department to refer any violations to the Attorney General for a possible enforcement action. Because of the complexity and importance of the 2017 Legislative Housing Package, a joint training session was provided to the City Council and the Planning Commission on March 29, 2018 to inform both the City Council and Planning Commission of the changes and implications of the new housing legislation. The City Attorney's office gave a comprehensive presentation regarding the new laws and the City's obligation to implement them. The City Council adopted the City's 2014-2021 Housing Element on January 28, 2014. The Housing Element evaluates housing needs in Temecula based on its demographic and housing characteristics, assesses the effectiveness and appropriateness of existing housing programs being implemented by the City, and crafts a housing strategy that would effectively address housing issues related to housing adequacy, affordability, and availability within the City. The Temecula 2014-2021 Housing Element contains 22 programs to address housing adequacy, affordability, and availability. Program 1 of the City's Housing Element requires the City to amend its Municipal Code by establishing an Affordable Housing Overlay Zone to encourage the development of affordable housing in the City and to meet the City's unaccommodated Regional Housing Need Assessment (RHNA). The RHNA is a state mandated process that identifies the total number of housing units, by affordability level, that each city must accommodate in its Housing Element. It is important to note that having property designated as part of the Affordable Housing Overlay Zone does not restrict development opportunities that are already allowed by the underlying zoning regulations. Property owners will retain the right to proceed with developing property in accordance with the underlying zoning regulations. The Affordable Housing Overlay Zone merely gives property owners a new option, if desired, to use a ministerial process to develop residential and mixed-use projects that comply with the requirements of the Affordable Housing Overlay Zone. ANALYSIS: The Affordable Housing Overlay Zone Ordinance implements Program 1 of the City's Housing Element by establishing an overlay zone on 44 parcels within the City. Twenty- six of these parcels were identified as part of the Vacant Land Inventory and Residential Capacity Analysis of the 2014-2021 Housing Element, which identified all vacant land within the City where housing could potentially be located in order to accommodate the State mandated housing needs. The other eighteen parcels are located in the Uptown Specific Plan area. The Vacant Land Inventory Analysis within the Housing Element identified 52 parcels needed to accommodate the City's Regional Housing Needs Assessment of 2,007 units for lower-income households. Half of these parcels (26 parcels), however, have since been developed, thus requiring the City to identify additional vacant land to make up the shortfall of parcels needed to accommodate the City's Regional Housing Needs Assessment of 2,007 units for lower-income households. The additional eighteen vacant parcels considered for the Affordable Housing Overlay Zone come from the Uptown Temecula Specific Plan area. These parcels were not originally considered at the time that the Vacant Land Inventory Analysis was prepared, because their zoning designation did not allow for residential development. Now that the Uptown Temecula Specific Plan has been adopted and allows for mixed-use development, including residential uses, these parcels can now be considered for inclusion in the Affordable Housing Overlay Zone. The 44 parcels proposed for the Affordable Housing Overlay Zone total just over 100 acres, and can accommodate the City's mandated affordable housing needs of 2,007 units for affordable households. A map showing the location of the parcels can be found in Exhibit A of the attached Ordinance. Parcels within the Affordable Housing Overlay Zone may be developed using the underlying zoning designation, or as an affordable housing project under the Affordable Housing Overlay, thus providing additional development opportunities to property owners whose properties are located within the overlay zone. Except for the parcels located within the Uptown Temecula Specific Plan area, if a parcel is developed under the Affordable Housing Overlay, the project shall have a residential density of no less than 20 dwelling units per acre, with a maximum density of 30 units per acre. If a parcel is located in the Uptown Temecula Specific Plan area, and it is developed under the Affordable Housing Overlay, the project shall have a residential density of no less than 20 dwelling units per acre, but there is no maximum density limit. If a site is developed as an affordable housing project, at least 20 percent of the residential units in each project shall be reserved for households earning no greater than 80 percent of the area median income adjusted for family size appropriate to the unit. For mixed-use affordable housing projects in the Uptown Temecula Specific Plan Area, residential uses shall occupy at least 50 percent of the total floor area of the mixed-use project. In compliance with the Temecula 2014-2021 Housing Element and as required by Government Code Section 65583.2(h), a project that seeks to develop under the Affordable Housing Overlay Zone is only subject to administrative review, and will not be subject to any discretionary review. As such, staff will only be permitted to review the project to determine if it complies with the requirements set forth in the proposed Ordinance. These requirements include ensuring that the project complies with the following: Development Code standards, Specific Plan standards, Cultural Resources Treatment Agreement with Pechanga, Multiple Species Habitat Conservation Plan, Building and Fire Codes, Transportation Uniform Mitigation Fee, Development Impact Fees, Water Quality Management Plan, and certain dedication of improvements. The Development Code standards will address things such as height limits, setbacks, lot coverage, and parking. The adoption of the Affordable Housing Overlay Zone, while a requirement of the 2014-2021 Housing Element, does not change the maximum density already allowed under the current development standards. The City must adopt the Affordable Housing Overlay Zone in order to comply with its Housing Element. Currently, Section 17.10.20 of the Temecula Municipal Code, allows senior or affordable housing projects with densities up to 30 dwelling units per acre on sites with a zoning designation of High Density Residential and Professional Office. Additionally, parcels within the Uptown Temecula Specific Plan allow densities that would exceed this 30 unit per acre. Therefore, the adoption of the proposed ordinance does not change what is currently allowed within the City's Development Code; it merely implements a required program of the City's General Plan Housing Element, and affords an additional opportunity to use a ministerial process for projects that comply with the Affordable Housing Overlay Zone. PLANNING COMMISSION RECOMMENDATION: On September 5, 2018, staff presented the proposed Ordinance to the City of Temecula Planning Commission. There were two public speakers. A representative from Scotts Company, located on Remington, expressed concern with any residential on the City-owned 30 acres located at the northwest corner of Diaz Road and Dendy Parkway. The representative was concerned about having any residential uses near the Scotts Company's manufacturing/distribution facility. These parcels were identified in the City's Housing Element adopted January 28, 2014. Staff will review the appropriateness of including these parcels as part of the AHOZ during the next Housing Cycle. Another speaker, representing a property owner in the Uptown Temecula Specific Plan area wanted clarification on whether or not an affordable housing development would be required to meet the same development standards that a market rate project would be required to meet. Staff answered that all developments (market rate or affordable) would be required to meet the same development standards. The Planning Commission voted 5-0 to approve this item. ENVIRONMENTAL DETERMINATION: Pursuant to State CEQA Guidelines Section 15162, an Addendum to the EIR has been prepared, which concludes that the proposed changes, additions, or modifications do not result in any new or greater environmental impacts than were previously analyzed, disclosed, and/or mitigated in the Uptown Temecula Specific Plan Environmental Impact Report (EIR) that was certified in November 2015 (SCH #2013061012) and the Negative Declaration prepared for the City's 2014—2021 Housing Element. None of the conditions in State CEQA Guidelines Section 15162 are present and no additional environmental review is required. FISCAL IMPACT: None ATTACHMENTS: 1. Draft City Council Ordinance — Affordable Housing Overlay Zone 2. Addendum to the Uptown Temecula Specific Plan Environmental Impact Report and the City of Temecula 2014- 2021 Housing Element 3. Planning Commission Staff Report and Resolution 4. Notice of Public Hearing ORDINANCE NO. 18- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ADD CHAPTER 17.21 ESTABLISHING AN AFFORDABLE HOUSING OVERLAY ZONE, AND MAKING THE DETERMINATION THAT THE PROPOSED ORDINANCE IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (LONG RANGE PLANNING PROJECT NO. LR14-0010) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that: A. The Planning Commission considered this Ordinance, including the environmental analysis, on September 5, 2018, 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 of or opposition to this matter. B. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 18-23, recommending approval of the Ordinance by the City Council. C. The City Council, at a regular meeting, considered the Ordinance, including the environmental analysis, on September 25, 2018, 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 opposition to this matter. D. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 2. Legislative Findings. The City Council of the City of Temecula in approving the proposed Municipal Code amendment in Long Range Planning Project Number LR14-0010 hereby makes the following findings: A. The State Legislature has declared that the lack of housing, including providing for a variety of housing types for all income levels and special needs groups, is a critical problem that threatens the economic, environmental, and social quality of life in California. B. Government Code Section 65583 requires that the City's Housing Element address governmental constraints to the development of housing, including providing for a variety of housing types for all income levels. C. The City Council of the City of Temecula adopted the City's 2014-2021 Housing Element on January 28, 2014. D. The City's Housing Element identified the need to amend the City's Municipal Code to establish an Affordable Housing Overlay Zone to encourage the development of affordable housing in the City. E. As described in the City's Housing Element, residential uses are allowed in the land use designation where the Affordable Housing Overlay Zone will apply, as described in the text of the General Plan Housing Element and Appendix B to the Housing Element. F. The proposed use is in conformance with the goals, policies, programs and guidelines of elements of the General Plan. The proposed Ordinance amends portions of Title 17 of the Temecula Municipal Code and adds Chapter 17.21 to the Temecula Municipal Code, thereby establishing an Affordable Housing Overlay Zone. The amendment to Title 17 of the Temecula Municipal Code has been designed to be consistent with State Housing Law, the Temecula Housing Element, and the Temecula General Plan. The Ordinance implements the following policies contained in the City's Housing Element: 1. Policy 1.1: Provide an inventory of land at varying densities sufficient to accommodate the existing and projected housing needs in the City; 2. Policy 1.2 Encourage residential development that provides a range of housing types in terms of cost, density, and type, and presents the opportunity for local residents to live and work in the same community by balancing jobs and housing types; 3. Policy 2.1 Promote a variety of housing opportunities that accommodate the needs of all income levels of the population, and provide opportunities to meet Temecula's fair share of extremely low-, very low-, low-, and moderate-income housing; 4. Policy 2.2 Support innovative public, private, and nonprofit efforts in the development of affordable housing, particularly for special needs groups; 5. Policy 3.1 Expedite processing procedures and fees for new construction or rehabilitation of housing; and 6. Policy 5.2: Support efforts to ensure that all income segments of the community have unrestricted access to appropriate housing. Furthermore, the Ordinance implements the following goals and policies contained in the City's General Plan Land Use Element: 7. Goal: A diverse and integrated mix of residential, commercial, industrial, recreational, public and open space land uses. 8. Policy 1 .6: Encourage flexible zoning techniques in appropriate locations to encourage mixed use development, preserve natural features, achieve innovative site design, achieve a range of transition of densities, provide open space and recreation facilities, and/or provide necessary amenities and facilities. G. The proposed amendments to the Municipal Code are consistent with the General Plan and all applicable provisions contained therein. Residential development approved pursuant to Chapter 17.21 complies with the requirements included in the City's General Plan Housing Element. Section 3. Environmental Findings. The City Council of the City of Temecula hereby makes the following environmental findings and determinations in connection with the approval of the proposed Ordinance: A. Pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. ("CEQA")), and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), the proposed Ordinance falls within the scope of the environmental analysis conducted for the City's 2014 — 2021 Housing Element and the Uptown Temecula Specific Plan. The proposed Ordinance implements Program 1 of the City's 2014—2021 Housing Element, by amending portions of Title 17 of the Temecula Municipal Code to add Chapter 17.21 and thereby establish an Affordable Housing Overlay Zone. B. On January 28, 2014, a Negative Declaration was adopted for the approval of the 2014 — 2021 Housing Element, which analyzed the potential impacts and determined that less than significant impacts would result from the adoption of the 2014 — 2021 Housing Element. This Ordinance merely implements the 2014 — 2021 Housing Element by establishing the Affordable Housing Overlay Zone described in the City's Housing Element. As such, the environmental impacts for the Project have been evaluated by the previously adopted Negative Declaration and no further environmental review is necessary. None of the circumstances in CEQA Guidelines Section 15162 exist to require any additional environmental review and no further documentation is necessary. The City Council hereby relies on the prior Negative Declaration adopted in connection with the 2014 — 2021 Housing Element and directs City staff to file a Notice of Determination. C. On November 17, 2015, an Environmental Impact Report (EIR) (SCH #2013061012) was certified in connection with the approval of the Uptown Temecula Specific Plan. This Ordinance applies the Affordable Housing Overlay Zone to certain parcels located in the Uptown Temecula Specific Plan Area. The intensity authorized by the Affordable Housing Overlay Zone is in keeping with the intensity analyzed in the EIR for the Uptown Temecula Specific Plan Area. As such, the environmental impacts for the application of the Affordable Housing Overlay to these sites was adequately analyzed in the prior EIR and no further environmental review is necessary. None of the circumstances in CEQA Guidelines Section 15162 exist to require any additional environmental review and no further documentation is necessary. The City Council hereby relies on the prior EIR adopted in connection with the Uptown Temecula Specific Plan and directs City staff to file a Notice of Determination. Section 4. Table 17.02.010 of Chapter 17.02 (Establishment of Zoning Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended by adding Affordable Housing Overlay to the list of Zoning Districts as follows, with all other rows of Table 17.02.010 to remain the same: Table 17.02.010 Zoning Districts Zoning District District Abbreviation Code Chapter Description Affordable Housing AHO 17.21 Overlay Section 5. Table 17.02.020 of Chapter 17.02 (Establishment of Zoning Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended by adding "Affordable housing overlay (AHO)" to the list of Zoning Districts as follows, with all other rows of Table 17.02.020 to remain the same: Table 17.02.020 Consistency Between the General Plan and Zoning Districts General Plan Land Use Designation Zoning District These special zoning districts may be Specific plan (SP-x) used to represent any combination of general plan land use designations: Planned development overlay (PD-x) Village center plan (VC-x) Floodplain overlay district (FP) Affordable housing overlay (AHO) Section 6. Subsection "E" of Section 17.08.020 (Description of commercial/office/industrial districts) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby revised to read as follows, with all other sections of Section 17.08.020 to remain the same: "E. Professional Office (PO). The professional office designation includes primarily single-tenant or multi-tenant offices and may include supporting uses. The office developments are intended to include low-rise offices situated in a landscaped garden arrangement and may include mid-rise structures at appropriate locations. Typical uses include legal, design, engineering or medical offices, corporate and governmental offices, and community facilities. Limited supporting convenience retail and personal service (such as dry cleaners, barbers, shoe repair shop) commercial may be permitted to serve the needs of the on-site employees. A maximum of fifteen percent of the total square footage of the floor area shall be devoted to retail or personal service uses. Residential uses may be allowed on those PO properties that are subject to the Affordable Housing Overlay." Section 7. Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) of Section 17.08.030 (Use Regulations) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to delete the row for "Affordable Housing" from the table, and designate "Residential, multiple-family housing" as a Permitted (P) Use in the PO zone subject to a new footnote 8 that reads as follows, with all other parts of Table 17.08.030 to remain the same: Description of Use NC CC HT SC PO BP LI Residential, multiple-family - C - - P8 - - housing "8. `Residential, multiple-family housing' shall be allowed in the PO zone only if the Affordable Housing Overlay (AHO) applies to the property and the proposed development complies with all requirements of Chapter 17.21 ." Section 8. Section 17.12.020 (Public/institutional district) of Chapter 17.12 (Public/Institutional District)of Title 17 (Zoning) of the Temecula Municipal Code is hereby revised in its entirety to read as follows: "The public/institutional zoning district includes both public, private and uses of a quasi-public nature such as public schools, hospitals, libraries, civic centers, cultural facilities, churches and public utility facilities. In addition, residential uses may be allowed on those PI properties that are subject to the Affordable Housing Overlay." Section 9. Table 17.12.030 (Schedule of Permitted Uses—Public/Institutional Districts) of Section 17.12.030 (Use Regulations) of Chapter 17.12 (Public/Institutional District) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add "Residential, multiple-family housing" as a Permitted (P) Use in the PI zone subject to a new footnote 4 that reads as follows, with all other parts of Table 17.12.030 to remain the same: Description of Use Public/Institutional District (PI) Residential, multiple-family housing P4 "4. `Residential, multiple-family housing' shall be allowed in the PI zone only if the Affordable Housing Overlay (AHO) applies to the property and the proposed development complies with all requirements of Chapter 17.21." Section 10. A new Chapter 17.21 is hereby added to Title 17 (Zoning) of the Temecula Municipal Code to read as follows: "Chapter 17.21 Affordable Housing Overlay Zoning District 17.21.010 Purpose and Intent. 17.21 .020 Underlying Zoning. 17.21.030 Approval Process. 17.21.040 Compliance with Laws. 17.21 .050 Dedications and Improvements. 17.21.060 Regulations and Development Standards. 17.21.070 Regulatory Agreement. 17.21.080 Applicable Properties. 17.21.010 Purpose and Intent. The purpose of this chapter is to facilitate the development of affordable multi-family housing, enable the City to meet its housing goals, and ensure that affordable housing developments will be compatible with surrounding land uses by establishing an Affordable Housing Overlay Zoning District. 17.21.020 Underlying Zoning. A property designated within the Affordable Housing Overlay may be developed either in the manner provided in this Chapter 17.21 or in the manner provided in the underlying zoning district. 17.21.030 Approval Process. A. Projects that comply with the requirements of this Chapter 17.21 are permitted by right. B. Form of Application. An application for a project pursuant to this Chapter 17.21 shall be completed on a form provided by the planning department for an Administrative Review. The Administrative Review Application shall be reviewed by the Planning director and shall be granted if the Planning Director finds that the application complies with all of the requirements in this Chapter 17.21. C. Notice of Decision. A Notice of Decision for an Administrative Review Application shall be mailed first class and postage pre-paid to both the applicant and its representative (as shown on the application) and to any person who has made a written request for a copy of the decision. D. Expiration of Administrative Approval. Within three years of the date of approval for the Administrative Review Application, commencement of construction shall have occurred or the approval shall become null and void. E. Revocation. Approval of an Administrative Review Application may be revoked or modified by the Planning Commission in accordance with Section 17.03.080. 17.21.040 Compliance with Laws. A. The applicant shall enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe, and provide a copy of this agreement to the City before the issuance of an Administrative Review Application. This Agreement shall address the following: 1. Treatment and disposition of cultural resources; 2. The designation, responsibilities, and participation of professional Pechanga Tribal monitors during grading, excavation and ground disturbing activities; 3. Project grading and development scheduling; 4. Terms of compensation for the Pechange Tribal monitors; 5. Treatment and final disposition of any cultural resources, sacred sites, and human remains discovered onsite; 6. Pechanga Tribal monitor's authority to stop and redirect grading in order to evaluate the significance of any potential resources discovered on the property, and to make recommendations as to treatment; 7. The applicant's agreement to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition; and 8. The applicant's agreement that all Pechanga Tribal sacred sites are to be avoided and preserved. B. The applicant shall comply with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), the MSHCP Implementing Agreement, and pay any applicable fees including any Local Development Mitigation Fee. C. The applicant shall comply with all requirements of the building codes adopted by the City, pursuant to Temecula Municipal Code Chapter 15.04. D. The applicant shall enter into an agreement with the City, approved and executed by the City Manager in a form approved by the City Attorney, whereby the applicant agrees to: 1 . Conduct a Burrowing Owl Study in compliance with the MSHCP prior to plan check approval for a grading permit. If the results of the survey indicate that no burrowing owls are present on site, then the project may move forward with grading, upon Planning Division approval. If burrowing owls are found to be present or nesting on site during the preconstruction survey, then the applicant shall comply with the following requirements unless the MSHCP contains different mitigation measures, in which case the MSHCP mitigaiton measures shall prevail: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, except that from March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist. If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed. E. The applicant shall comply with the requirements of the City's Public Art Ordinance, as set forth in Temecula Municipal Code Chapter 5.08. F. The applicant shall pay any applicable Transportation Uniform Mitigation Fees, as set forth in Temecula Municipal Code Chapter 15.08. G. The applicant shall pay any applicable Development Impact Fees, as set forth in Temecula Municipal Code Chapter 15.06. H. The applicant shall comply with all requirements of the NPDES MS4 permit and Chapter 18.06 herein, including preparing a Water Quality Management Plan, paying all fees, obtaining all permits, and entering into any necessary operating and maintenance agreements related thereto. The property owner shall provide for the effective establishment, operation, management, use, repair, and maintenance of all drainage facilities and pollution prevention devices outlined in the WQMP for the project. I. The applicant shall comply with the City's Sign Standards, as set forth in Temecula Municipal Code Chapter 17.28. All projects approved pursuant to this Chapter 17.21 shall comply with the standards applicable to signs in residential districts, even if the underlying zoning district for the property is professional office, public-institutional, or another non-residential zoning district, except that any project in the Uptown Temecula Specific Plan Area shall follow the sign standards in the Uptown Temecula Specific Plan. J. The applicant shall comply with the requirements of the City's Water Efficient Landscape Ordinance, as set forth in Temecula Municipal Code 17.32. K. The applicant shall comply with all objective health and safety standards, as determined by the Riverside County Environmental Health Department. L. If determined applicable by the City, the applicant shall submit a geotechnical report by a certified engineer, geologist or civil engineer practicing within their area of competence. The applicant also shall pay all fees associated with a City or City-contracted third party review of said geotechnical report. The applicant shall mitigate all seismic risks in compliance with the Alquist-Priolo Act, Seismic Hazards Mapping Act, and any subsquent seismic legislation. M. Where no subdivision is required, and if determined applicable by the City, the applicant shall enter into a reciprocal access easement, maintenance agreement, or other agreement, in a form approved by the City Attorney, ensuring access to all parcels and joint maintenance of all roads, drives, parking areas, drainage facilities, and water quality features. Prior to the issuance of the grading permit, the applicant shall record a copy of this agreement in the public records of the County of Riverside, and a copy of the agreement shall be filed with the office of the City Clerk, and a copy shall be provided to the Planning Department. 17.21.050 Dedications and Improvements. A. The purpose of this section is to establish standards and requirements for dedications and improvements in connection with the development of land pursuant to this Chapter 17.21 in which no subdivision is involved. B. Dedications Required. Applicants who propose a development pursuant to this Chapter 17.21 shall provide, by means of an offer of dedication or other appropriate conveyance as approved by the City Attorney, the rights-of-way necessary for the construction of any street as shown on the circulation plan in the general plan, any applicable specific plan, or otherwise required by the Director of Public Works in compliance with an established street system or plan. Rights-of-way shall be provided for improvements to existing facilities, including rights-of-way for storm drains or other required public facilities. All rights-of-way shall be accompanied by a title report and be free of all liens and encumbrances. Dedications required by this section shall be made before the issuance of a building permit. C. Public Improvements Required. Applicants who propose a project pursuant to this Chapter 17.21 shall cause to construct all necessary public improvements in compliance with city specifications upon the property and along all street frontages adjoining the property, unless adequate public improvements already exist. In each instance, the Director of Public Works shall determine whether or not the necessary improvements exist and are adequate. D. Construction of Public Improvements. If the Director of Public Works determines that public improvements are required, these public improvements shall be designed to city standards and their construction guaranteed by an improvement agreement secured by a bond or cash deposit before issuance of a building permit. If the building permit is not exercised, the improvement obligation shall terminate and the security shall be returned. The Director of Public Works is authorized to execute agreements on behalf of the city. 17.21.060 Regulations and Development Standards. A. Except as otherwise stated herein, the objective standards and regulations applicable to multifamily projects in the High Density Residential Zoning District, as outlined in Chapter 17.06, shall apply to all projects developed pursuant to this Chapter 17.21. If the project is located within a specific plan or planned development overlay area, the project shall comply with all objective standards contained in the applicable specific plan or planned development overlay, including, but not limited to, design requirements, fees, landscaping, and mitigation monitoring programs; however, where the applicable specific plan or planned development overlay standards conflict with the High Density Residential Zoning District standards with respect to density and height, the High Density Residential Zoning District standards shall apply. Notwithstanding the foregoing, housing projects and mixed-use projects developed pursuant to this Chapter 17.21 on sites that are located in the Uptown Temecula Specific Plan Area shall comply with the objective standards and regulations provided in the Uptown Temecula Specific Plan, except that the specific requirements of this Section 17.21.060 regarding minimum density and affordable units shall apply. B. Projects developed pursuant to this Chapter 17.21 may consist of entirely residential uses, or may be structured as mixed-use projects with commercial and residential uses if the underlying zoning is Uptown Temecula Specific Plan and allows for mixed-use projects. Mixed-use projects shall be allowed only if residential uses occupy at least 50 percent of the total floor area of the mixed-use project. C. Projects developed pursuant to this Chapter 17.21 shall be considered a High Density Residential use for the purposes of determining maximum noise levels under Table N-1 in Section 9.20.040 of this Code. D. At least 20 percent of the residential units in each project developed pursuant to this Chapter 17.21 shall be reserved for households earning no greater than 80 percent of area median income adjusted for family size appropriate to the unit. The units shall be sold or rented at an affordable housing cost or affordable rent, as those terms are defined in Sections 50052.5 and 50053 of the California Health and Safety Code. If the units are rental units, the affordable units shall be deed-restricted for a period of not less than fifty-five (55) years. If the units are for-sale units, the units shall be sold in accordance with California Government Code Section 65915. E. Any project developed pursuant to this Chapter 17.21 shall provide a residential density of no less than 20 dwelling units per acre, with a maximum density of 30 units per acre. F. An applicant for a project pursuant to this Chapter 17.21 may apply for a density bonus in accordance with Government Code 65915. For the purposes of any density bonus granted, the maximum allowable residential density for a project applying for by-right approval in the Affordable Housing Overlay shall be 30 dwelling units per acre. 17.21.070 Regulatory Agreement. A. A legally binding agreement, in a form approved by the City Attorney, shall be executed and recorded against the property to ensure that the property complies with all of the requirements of this Chapter 17.21, including, but not limited to, the requirement that affordable units shall be deed-restricted for a period of not less than fifty-five (55) years. B. The property owner shall record the regulatory agreement prior to recording any final map for the underlying property, or prior to the issuance of any building permit for the project, whichever comes first. The regulatory agreement shall be binding on all future owners and successors of interests of the project. C. The City Manager is authorized to execute the regulatory agreement, and any related document(s), on behalf of the City Council for projects approved pursuant to this Chapter 17.21 . 17.21.080 Applicable Properties. This Affordable Housing Overlay applies to those properties shown on the City of Temecula Affordable Housing Overlay Map attached as Exhibit "A" to this Ordinance, as it may be amended from time to time." Section 11. Table 17.22.166A (Rancho Pueblo Matrix of Permitted Uses) in Section 17.22.166 (Land Uses) of Article VII (Rancho Pueblo Planned Development Overlay District(PDO-6)of Chapter 17.22 (Planned Development Overlay Zoning District) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to delete the row for"Affordable Housing" from the table, with all other parts of Table 17.22.166A to remain the same. Section 12. Table 17.22.196 (Schedule of Permitted Uses) of Section 17.22.196 (Use Regulations) of Article IX (De Portola Road Planned Development Overlay District) of Chapter 17.22 (Planned Development Overlay Zoning District) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to delete the row for "Affordable Housing" from the table, with all other parts of Section 17.22.196 to remain the same. Section 13. 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 14. 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 15. 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 , Matt Rahn, 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. 18- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 25th day of September, 2018, 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 EXHIBIT A AFFORDABLE HOUSING OVERLAY MAP IS I, / 1 920110004 23 959060014 2 909370050 24 959060016 II I 1 3 909370049 25 959060017 ' .,� 4 921330052 26 959070014 ' 5 921330053 27 910272008 + PD0-3 6 921330025 28 910272017 P,yt �,���� 7 921330005 29 910272014 15 St ° .0,4# r--' �•• 8 921280002 30 910272029 ♦ y Harveston Rorip. 9 944330008 31 921060056 // �� / Hil 10 944290016 32 921060058 S �° 11 944330007 33 921050016 407 411"‘ c, 1417:' °c,� 12 944330005 34 921050020 \ P 13 944330004 35 909270024 Rorip. 14 944060009 36 909282013 15 944370006 37 910262009 42 p 16 944370007 38 910272025 ® �. 41 17 944370005 39 910272018 f3R• Campos 18 944370013 40 910282002 44 •• • 43 Verdes 19 944370010 41 910272001 I� �° 20 944370001 42 910262003 39 ♦ 29 � ��- Temecula 28 30 • ',� °��' Regional 21 922190033 43 910262007 ® t� Center 22 961440017 44 910262010 © 2 ED 40 ♦��:�.�` OVERLAND DR •- N' •- PDO-10 ® �T V O Affordable Housing Overlay Areas 4����♦1 F,ps sot,yN T••�u, .♦ 4 Di C)"..11 A"Y �,._••_Temecula City Boundary Jefferson '� O�i Corridor © Date 08/24/2018 PP1P P O ° /\ 1.161.16P " PDO-2 � 1 / ," ! Margarita 4' � i ��Village/Temeku o UPPP 33CD - i Hills RP P • 1718 / ,�� P °P 34 1 •`:f1 19ro cnt� J. ••� 16,1•,, ^ L7 PDO-5 ,� vnwro� \ 12 esu<ct, y1�P4yr PDO=7x �'s, m 32 9 ' ® .s. 0'Q _ ! _( , .4. t vs \\ Qiv PDO 11 RANG fo v�TA ito / ,.•��,••. 8 � 11 Paloma del �•�••�••�•• ••.` ��q Sol/Paseo o -, del Sol AI coo- ��� Rancho y / Old Town Highlands sANTMGoo, M Altair `sr 0 0 Q,,,,,- 11 Specific Plan o 7 (D / %N F >Yy Ij� _� PDO \ FISSouthside `°* / oE tF 'b PDO-n ri,4, SL o1", 0 'yyy DE PORTO�a24�4Rancho, ® 23 ®:4 Pueblo • 22 —`� i• �« 25/��� �� 0 Temeccuu •- Temecula. Ck - -- ' ,r Village PDO-4 0 2,500 5,000 �••�•�•• NW. A Feet ��••�•• , *�4 PDO-1 Mile I• Temecula �� T J} 0 0.5 1 ••• Creek Inn I ) /N ek ADDENDUM TO FINAL ENVIRONMENTAL IMPACT REPORT AS CERTIFIED BY THE CITY COUNCIL OF THE CITY OF TEMECULA FOR THE UPTOWN TEMECULA SPECIFIC PLAN (STATE CLEARINGHOUSE NO. 2013061012)AND THE NEGATIVE DECLARATION FOR THE 2014-2021 HOUSING ELEMENT Prepared by the City of Temecula in its capacity as a Lead Agency SITE: Parcels 920110004, 909370050, 909370049, 921330052, 921330053, 921330025, 921330005, 921280002, 944330008, 944290016, 944330007, 944330005, 944330004, 944060009, 944370006, 944370007, 944370005, 944370013, 944370010, 944370001, 922190033, 961440017, 959060014, 959060016, 959060017, 959070014. 910272008, 910272017, 910272014, 910272029, 921060056, 921060058, 921050016, 921050020, 909270024, 909282013, 910262009, 910272025, 910272018, 910282002, 910272001, 910262003, 910262007, and 910262010. PROJECT TITLE: Affordable Housing Overlay Zone Ordinance PROJECT APPLICANT: City of Temecula Attachments: A. City Council Resolution No. 15-65 B. Negative Declaration for the 2014-2021 Housing Element PROJECT DESCRIPTION: The project consists of an ordinance establishing an Affordable Housing Overlay (AHO) Zone, and identifying specific parcels that will be subject to this overlay zone. The AHO Zone will create the opportunity for more affordable housing to be constructed within the City of Temecula. The City Council of the City of Temecula adopted the City's 2014-2021 Housing Element("Housing Element") on January 28, 2014. The City's Housing Element identified the need to amend the City's Municipal Code to establish an AHO Zone to encourage the development of affordable housing in the City. Residential uses are allowed in the land use designation where the AHO Zone will apply, as described in the text of the General Plan Housing Element and Appendix B to the Housing Element. On January 28, 2014, a Negative Declaration was adopted for the approval of the Housing Element,which analyzed the potential impacts and determined that less than significant impacts would result from the adoption of the Housing Element. The project merely implements the Housing Element by establishing the AHO Zone described in the City's Housing Element. 1 Affordable Housing Overlay Zone Addendum to Environmental Impact Report and Negative Declaration August 23,2018 Recognizing the need to increase the stock of affordable housing in the City, and because some of the sites that were planned to be designated as part of the AHO Zone in the Housing Element were developed with non-residential uses, the City determined there was a need to include additional sites that were not identified in the Housing Element as part of the AHO Zone. The City subsequently identified for inclusion in the AHO Zone sites located within the Uptown Temecula Specific Plan area that are vacant and zoned to allow for residential development. On November 17, 2015, the City Council of the City of Temecula certified a Program Environmental Impact Report(EIR)(SCH#2013061012)for the Uptown Temecula Specific Plan. The EIR analyzed the impacts of adopting the Uptown Temecula Specific Plan and having residential, mixed-use, and commercial projects developed in the Specific Plan area. As discussed below,the project's environmental impacts were previously assessed in accordance with the authority and criteria of the California Environmental Quality Act (CEQA) in an EIR adopted by the City of Temecula for the Uptown Temecula Specific Plan, and in the Negative Declaration for the Housing Element. PURPOSE: This Addendum to the EIR and Negative Declaration is being prepared pursuant to CEQA Guidelines Section 15164 which allows for a lead agency to prepare an addendum to a previously certified EIR and/or Negative Declaration. Specifically, CEQA Guidelines Section 15164(a) provides that an addendum to an EIR shall be prepared if some changes or additions are necessary but none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR have occurred. CEQA Guidelines Section 15164(b) provides that an addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR have occurred. Pursuant to CEQA Guidelines Section 15162,no subsequent EIR shall be prepared for the project unless, on the basis of substantial evidence in light of the whole record, one or more of the following is determined: (1) Substantial changes are proposed in the project that will require major revisions of the previous EIR due to the involvement of new, significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance identifies one or more significant effects not discussed in the previous EIR, significant effects previously examined will be substantially 2 Affordable Housing Overlay Zone Addendum to Environmental Impact Report and Negative Declaration August 23,2018 more severe than shown in the previous EIR, mitigation measures or alternatives previously found not to be feasible or not analyzed in the EIR would be feasible and would substantially reduce one or more significant effects but the project proponents decline to adopt of the measure or alternative. FINDINGS CONCERNING ENVIRONMENTAL IMPACTS OF THE PROJECT: The environmental impacts associated with adopting an AHO Zone, and including the sites that were identified in the Housing Element in the AHO Zone, were previously analyzed in the Negative Declaration for the Housing Element. Program 1 of the Housing Element specifically identified that the City will establish an AHO Zone that will allow for an increase in density in the High Residential zoning designations, to 30 units per acre, if the development is affordable housing.The increased development capacity within the High Density Residential zone will allow for densities consistent with default densities of state housing element law and will therefore be appropriate to accommodate a portion of the City's lower income regional housing need. The Housing Element also provides that the overlay will be applied to Professional Office sites through implementation of Program 1, and these sites will be permitted to develop at a density of 30 units per acre. The proposed Ordinance implements Program 1 of the Housing Element, by amending portions of Title 17 of the Temecula Municipal Code to add Chapter 17.21 and thereby establishes an AHO Zone. The proposed Ordinance also identifies that all the currently vacant sites that were identified in the Housing Element as being part of the AHO Zone are part of the AHO Zone. The environmental impacts of the Project have been evaluated by the previously adopted Negative Declaration and no further environmental review is necessary. The Negative Declaration found that there would be no impact to aesthetics or agriculture and forestry resources associated with the adoption of the Housing Element. The Negative Declaration further found that there would be less than significant impacts to air quality;biological resources; cultural resources; geology and soils; greenhouse gas emissions; hazards and hazardous materials; hydrology and water quality; land use and planning; mineral resources; noise; population and housing; public services; recreation; transportation and traffic; and utilities and service systems associated with the adoption of the Housing Element. The Negative Declaration explained that the AHO Zone will formalize the density levels for affordable housing projects in the High Density and Professional Office zones that are already included in the existing Municipal Code Section 17.10.020(M)(3)(a), which allows affordable housing projects in these zoning districts to develop up to a maximum density of 30 dwelling units per acre. The AHO Zone therefore does not increase the allowable density above the levels already authorized by the Municipal Code. None of the findings in CEQA Guidelines Section 15162 has been triggered and no further environmental review or documentation is necessary. 3 Affordable Housing Overlay Zone Addendum to Environmental Impact Report and Negative Declaration August 23,2018 The Housing Element states that where an approval of a development (residential, commercial or mixed-use) on an identified site in Appendix B results in a reduction of potential affordable units below the residential capacity assumed,the City will identify and designate additional AHO sites to accommodate the shortfall of capacity remaining within the AHO Zone. In compliance with the Housing Element, the City has identified additional sites within the Uptown Temecula Specific Plan that will be part of the AHO Zone. An EIR was certified in connection with the approval of the Uptown Temecula Specific Plan. The EIR analyzed the environmental impacts associated with adopting the Uptown Temecula Specific Plan. The EIR identified the potential for the adoption of the Uptown Specific Plan to cause significant environmental impacts in the areas of aesthetics; air quality; biological resources; cultural resources;geology, soils and seismicity; hazards and hazardous materials;hydrology and water quality; noise;transportation and traffic;and utilities and water supply assessment. With the exception of specific impacts to air quality (construction and operations), noise (construction),and cumulative impacts to air quality and cultural resources,measures have been identified that would mitigate all of the impacts to the topic areas identified above to a less than significant level. The City Council adopted a Mitigation and Monitoring Program in connection with the EIR. The City Council also adopted a Statement of Overriding Considerations for the environmental impacts that could not be fully mitigated to a less than significant level. The proposed Ordinance applies the AHO Zone to certain parcels located in the Uptown Temecula Specific Plan Area. The Uptown Temecula Specific Plan is divided into six planning districts, all of which allow residential uses. The Uptown Temecula Specific Plan, however, does not contain maximum or minimum density requirements, although residential development is anticipated at a range of 20 to 60 dwelling units per acre. Depending on the zoning district, residential developments can be arranged as residential only, mixed-use development, or both. For planning purposes, the Uptown Temecula Specific Plan assumes a residential density of 45 dwelling units per acre in all zoning districts. Uptown Temecula Specific Plan area sites located within the AHO Zone that seek to develop projects under Chapter 17.21 of the Municipal Code will have a minimum density level of 20 dwelling units per acre, and no maximum density. The intensity authorized by the AHO Zone is in keeping with the intensity analyzed in the EIR for the Uptown Temecula Specific Plan Area. Because the Uptown Temecula Specific Plan assumes a density level of 45 dwelling units per acre, the project's environmental impacts are consistent with the analysis and conclusions presented in the EIR. As such,the environmental impacts for the application of the AHO to these sites was adequately analyzed in the prior EIR and no further environmental review is necessary. None of the circumstances in CEQA Guidelines Section 15162 exist to require any additional environmental review and no further documentation is necessary. 4 Affordable Housing Overlay Zone Addendum to Environmental Impact Report and Negative Declaration August 23,2018 By: Title: I. . .�,, f' DATE: August 23, 2018 5 STAFF REPORT—PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: September 5, 2018 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development PREPARED BY: Dale West, Associate Planner II APPLICANT NAME: City of Temecula PROJECT Long Range Planning Project No. LR14-0010, a proposed SUMMARY: amendment to the City of Temecula Development Code, establishing an Affordable Housing Overlay Zone Ordinance that would allow for the development of affordable housing projects on 44 parcels throughout the City. CEQA: Pursuant to State CEQA Guidelines Section 15162, an Addendum to the EIR has been prepared, which concludes that the proposed changes, additions, or modifications do not result in any new or greater environmental impacts than were previously analyzed, disclosed, and/or mitigated in the Uptown Temecula Specific Plan Environmental Impact Report (EIR) that was certified in November 2015(SCH#2013061012)and the Negative Declaration prepared for the City's 2014 — 2021 Housing Element. None of the conditions in State CEQA Guidelines Section 15162 are present and no additional environmental review is required. RECOMMENDATION: That the Planning Commission of the City of Temecula adopt a resolution recommending that the City Council of the City of Temecula adopt an Affordable Housing Overlay Zone Ordinance. BACKGROUND SUMMARY In order to address the growing shortage of housing and affordable housing across California, the State adopted a series of housing bills in 2017, referred to as the 2017 Legislative Housing Package. These bills strengthen housing-planning law to ensure appropriate land is available for new development and impose new requirements on local governments to meet their legally mandated housing targets. The 2017 Housing Package requires cities to take a closer look at their Housing Elements and ensure that the cities have implemented the programs set forth in their Housing Element. The Housing Package authorizes increased enforcement of state housing-planning law, and enables the State Housing and Community Development Department to refer any violations to the Attorney General for a possible enforcement action. Because of the complexity and importance of the 2017 Legislative Housing Package, a joint training session was provided to the City Council and the Planning Commission on March 29, 2018 to inform both the City Council and Planning Commission of the changes and implications 1 of the new housing legislation. The City Attorney's office gave a comprehensive presentation regarding the new laws and City obligations to implement them. On January 28, 2014, the City Council adopted the City's 2014-2021 Housing Element. The Housing Element evaluates housing needs in Temecula based on its demographic and housing characteristics, assesses the effectiveness and appropriateness of existing housing programs being implemented by the City, and crafts a housing strategy that would effectively address housing issues related to housing adequacy, affordability, and availability within the City. The Temecula 2014-2021 Housing Element contains 22 programs to address housing adequacy, affordability, and availability. Program 1 of the City's Housing Element requires the City to amend its Municipal Code by establishing an Affordable Housing Overlay Zone to encourage the development of affordable housing in the City and to meet the City's unaccommodated Regional Housing Need Assessment (RHNA). The RHNA is a state mandated process that identifies the total number of housing units, by affordability level, that each city must accommodate in its Housing Element. It is important to note that having property designated as part of the Affordable Housing Overlay Zone does not restrict development opportunities that are already allowed by the underlying zoning regulations. Property owners will retain the right to proceed with developing property in accordance with the underlying zoning regulations. The Affordable Housing Overlay Zone merely gives property owners a new option, if desired, to use a ministerial process to develop residential and mixed-use projects that comply with the requirements of the Affordable Housing Overlay Zone. ANALYSIS The Affordable Housing Overlay Zone Ordinance implements Program 1 of the City's Housing Element by establishing an overlay zone on 44 parcels within the City. Twenty-six of these parcels were identified as part of the Vacant Land Inventory and Residential Capacity Analysis of the 2014-2021 Housing Element, which identified all vacant land within the City where housing could potentially be located in order to accommodate the State mandated housing needs. The other eighteen parcels are located in the Uptown Specific Plan area. The Vacant Land Inventory Analysis within the Housing Element identified 52 parcels needed to accommodate the City's Regional Housing Needs Assessment of 2,007 units for lower-income households. Half of these parcels (26 parcels), however, have since been developed, thus requiring the City to identify additional vacant land to make up the shortfall of parcels needed to accommodate the City's Regional Housing Needs Assessment of 2,007 units for lower-income households. The additional eighteen vacant parcels considered for the Affordable Housing Overlay Zone come from the Uptown Temecula Specific Plan area. These parcels were not originally considered at the time that the Vacant Land Inventory Analysis was prepared, because their zoning designation did not allow for residential development. Now that the Uptown Temecula Specific Plan has been adopted and allows for mixed-use development, including residential uses, these parcels can now be considered for inclusion in the Affordable Housing Overlay Zone. The 44 parcels proposed for the Affordable Housing Overlay Zone total just over 100 acres, and can accommodate the City's mandated affordable housing needs of 2,007 units for affordable households. A map showing the location of the parcels can be found in Exhibit A of the attached Ordinance. Parcels within the Affordable Housing Overlay Zone may be developed using the underlying zoning designation, or as an affordable housing project under the Affordable Housing Overlay, 2 thus providing additional development opportunities to property owners whose properties are located within the overlay zone. If a site is developed as an affordable housing project, at least 20 percent of the residential units in each project shall be reserved for households earning no greater than 80 percent of the area median income adjusted for family size appropriate to the unit. For mixed-use affordable housing projects in the Uptown Temecula Specific Plan Area, residential uses shall occupy at least 50 percent of the total floor area of the mixed-use project. In compliance with the Temecula 2014-2021 Housing Element and as required by Government Code section 65583.2(h), a project that seeks to develop under the Affordable Housing Overlay Zone is only subject to administrative review, and will not be subject to any discretionary review. As such, staff will only be permitted to review the project to determine if it complies with the requirements set forth in the proposed Ordinance. These requirements include ensuring that the project complies with the following: Development Code standards, Specific Plan standards, Cultural Resources Treatment Agreement with Pechanga, Multiple Species Habitat Conservation Plan, Building and Fire Codes, Transportation Uniform Mitigation Fee, Development Impact Fees, Water Quality Management Plan, and certain dedication of improvements. The Development Code standards will address things such as height limits, setbacks, lot coverage, and parking. The adoption of the Affordable Housing Overlay Zone, while a requirement of the 2014-2021 Housing Element, does not change the maximum density already allowed under the current development standards. The City must adopt the Affordable Housing Overlay Zone in order to comply with its Housing Element. Currently, Section 17.10.20 of the Temecula Municipal Code, allows senior or affordable housing projects with densities up to 30 dwelling units per acre on sites with a zoning designation of High Density Residential and Professional Office. Additionally, parcels within the Uptown Temecula Specific Plan allow densities that would exceed this 30 unit per acre. Therefore, the adoption of the proposed ordinance does not change what is currently allowed within the City's Development Code; it merely implements a required program of the City's General Plan Housing Element, and affords an additional opportunity to use a ministerial process for projects that comply with the Affordable Housing Overlay Zone. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U-T San Diego on August 25, 2018. ENVIRONMENTAL DETERMINATION Pursuant to State CEQA Guidelines Section 15162, an Addendum to the EIR has been prepared, which concludes that the proposed changes, additions, or modifications do not result in any new or greater environmental impacts than were previously analyzed, disclosed, and/or mitigated in the Uptown Temecula Specific Plan Environmental Impact Report (EIR) that was certified in November 2015 (SCH #2013061012) and the Negative Declaration prepared for the City's 2014 — 2021 Housing Element. None of the conditions in State CEQA Guidelines Section 15162 are present and no additional environmental review is required. ATTACHMENTS 1. PC Resolution—Affordable Housing Overlay Zone Ordinance 2. Draft City Council Ordinance—Affordable Housing Overlay Zone 3. Addendum to the Uptown Temecula Specific Plan Environmental Impact Report and the City of Temecula 2014-2021 Housing Element 4. Notice of Public Hearing 3 PC RESOLUTION NO.18-23 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 OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ADD CHAPTER 17.21 ESTABLISHING AN AFFORDABLE HOUSING OVERLAY ZONE, AND MAKING THE DETERMINATION THAT THE PROPOSED ORDINANCE IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (LONG RANGE PLANNING PROJECT NO. LR14- 0010)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. Program 1 of the City's 2014-2021 Housing Element requires the City to amend the Municipal Code to establish an Affordable Housing Overlay Zone to encourage the development of affordable housing in the City and to meet the City's unaccommodated Regional Housing Need Assessment (RHNA). B. In compliance with this requirement, staff has drafted a proposed Ordinance amending the Development Code to add a new chapter establishing an Affordable Housing Overlay Zone in the City (Planning Application No. LR14-0010). C. The proposed Ordinance was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the application and environmental review on September 5, 2018, 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. E. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council approve Planning Application No. LR14-0010 subject to and based upon the findings set forth hereunder. F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the application hereby finds, determines and declares that: A. The proposed Ordinance is in conformance with the City of Temecula General Plan and with all applicable requirements of State law and other Ordinances of the City; The proposed Affordable Housing Overlay Ordinance conforms to the City of Temecula General Plan because establishing an Affordable Housing Overlay implements Program 1 of the City of Temecula General Plan Housing Element. Furthermore, the proposed Affordable Housing Overlay Zone Ordinance directly responds to Goal 1, Policy 1.1, 1.2, 2.1, 2.2, 3.1 and 5.2 of the General Plan Housing Element, and Goal A, Policy 1.6 of the General Plan Land Use Element. Section 3. Environmental Compliance. A. Pursuant to State CEQA Guidelines Section 15162, an Addendum to the EIR has been prepared, which concludes that the proposed changes, additions, or modifications do not result in any new or greater environmental impacts than were previously analyzed, disclosed, and/or mitigated in the Uptown Temecula Specific Plan Environmental Impact Report (EIR) that was certified in November 2015 (SCH #2013061012)and the Negative Declaration prepared for the City's 2014—2021 Housing Element. None of the conditions in State CEQA Guidelines Section 15162 are present and no additional environmental review is required. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt an ordinance establishing an Affordable Housing Overlay Zone Ordinance in the City as set forth in Exhibit A. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of September, 2018. ( e:ry Yo I mans, Chairman 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. 18-23 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of September 2018, by the following vote: AYES: 5 PLANNING COMMISSIONERS Guerriero, Telesio, Turley-Trejo, Watts, Youmans NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None ‘t•td - Luke Watson Secretary ORDINANCE NO. 18-[ ] AN ORDINANCE OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ADD CHAPTER 17.21 ESTABLISHING AN AFFORDABLE HOUSING OVERLAY ZONE, AND MAKING THE DETERMINATION THAT THE PROPOSED ORDINANCE IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (LONG RANGE PLANNING PROJECT NO. LR14-0010) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that: A. The Planning Commission considered this Ordinance, including the environmental analysis, on September 5, 2018, 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 of or opposition to this matter. B. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 18- , recommending approval of the Ordinance by the City Council. C. The City Council, at a regular meeting, considered the Ordinance, including the environmental analysis, on September 25, 2018, 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 opposition to this matter. D. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 2. Legislative Findings. The City Council of the City of Temecula in approving the proposed Municipal Code amendment in Long Range Planning Project Number LR14-0010 hereby makes the following findings: A. The State Legislature has declared that the lack of housing, including providing for a variety of housing types for all income levels and special needs groups, is a critical problem that threatens the economic, environmental, and social quality of life in California. B. Government Code Section 65583 requires that the City's Housing Element address governmental constraints to the development of housing, including providing for a variety of housing types for all income levels. C. The City Council of the City of Temecula adopted the City's 2014-2021 Housing Element on January 28, 2014. D. The City's Housing Element identified the need to amend the City's Municipal Code to establish an Affordable Housing Overlay Zone to encourage the development of affordable housing in the City. E. As described in the City's Housing Element, residential uses are allowed in the land use designation where the Affordable Housing Overlay Zone will apply, as described in the text of the General Plan Housing Element and Appendix B to the Housing Element. F. The proposed use is in conformance with the goals, policies, programs and guidelines of elements of the General Plan. The proposed Ordinance amends portions of Title 17 of the Temecula Municipal Code and adds Chapter 17.21 to the Temecula Municipal Code, thereby establishing an Affordable Housing Overlay Zone. The amendment to Title 17 of the Temecula Municipal Code has been designed to be consistent with State Housing Law, the Temecula Housing Element, and the Temecula General Plan. The Ordinance implements the following policies contained in the City's Housing Element: 1. Policy 1.1: Provide an inventory of land at varying densities sufficient to accommodate the existing and projected housing needs in the City; 2. Policy 1.2 Encourage residential development that provides a range of housing types in terms of cost, density, and type, and presents the opportunity for local residents to live and work in the same community by balancing jobs and housing types; 3. Policy 2.1 Promote a variety of housing opportunities that accommodate the needs of all income levels of the population, and provide opportunities to meet Temecula's fair share of extremely low-, very low-, low-, and moderate-income housing; 4. Policy 2.2 Support innovative public, private, and nonprofit efforts in the development of affordable housing, particularly for special needs groups; 5. Policy 3.1 Expedite processing procedures and fees for new construction or rehabilitation of housing; and 6. Policy 5.2: Support efforts to ensure that all income segments of the community have unrestricted access to appropriate housing. Furthermore, the Ordinance implements the following goals and policies contained in the City's General Plan Land Use Element: 7. Goal: A diverse and integrated mix of residential, commercial, industrial, recreational, public and open space land uses. 8. Policy 1.6: Encourage flexible zoning techniques in appropriate locations to encourage mixed use development, preserve natural features, achieve innovative site design, achieve a range of transition of densities, provide open space and recreation facilities, and/or provide necessary amenities and facilities. G. The proposed amendments to the Municipal Code are consistent with the General Plan and all applicable provisions contained therein. Residential development approved pursuant to Chapter 17.21 complies with the requirements included in the City's General Plan Housing Element. Section 3. Environmental Findings. The City Council of the City of Temecula hereby makes the following environmental findings and determinations in connection with the approval of the proposed Ordinance: A. Pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. ("CEQA")), and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), the proposed Ordinance falls within the scope of the environmental analysis conducted for the City's 2014 — 2021 Housing Element and the Uptown Temecula Specific Plan. The proposed Ordinance implements Program 1 of the City's 2014—2021 Housing Element, by amending portions of Title 17 of the Temecula Municipal Code to add Chapter 17.21 and thereby establish an Affordable Housing Overlay Zone. B. On January 28, 2014, a Negative Declaration was adopted for the approval of the 2014 — 2021 Housing Element, which analyzed the potential impacts and determined that less than significant impacts would result from the adoption of the 2014 — 2021 Housing Element. This Ordinance merely implements the 2014 — 2021 Housing Element by establishing the Affordable Housing Overlay Zone described in the City's Housing Element. As such, the environmental impacts for the Project have been evaluated by the previously adopted Negative Declaration and no further environmental review is necessary. None of the circumstances in CEQA Guidelines Section 15162 exist to require any additional environmental review and no further documentation is necessary. The City Council hereby relies on the prior Negative Declaration adopted in connection with the 2014 — 2021 Housing Element and directs City staff to file a Notice of Determination. C. On November 17, 2015, an Environmental Impact Report (EIR) (SCH #2013061012) was certified in connection with the approval of the Uptown Temecula Specific Plan. This Ordinance applies the Affordable Housing Overlay Zone to certain parcels located in the Uptown Temecula Specific Plan Area. The intensity authorized by the Affordable Housing Overlay Zone is in keeping with the intensity analyzed in the EIR for the Uptown Temecula Specific Plan Area. As such, the environmental impacts for the application of the Affordable Housing Overlay to these sites was adequately analyzed in the prior EIR and no further environmental review is necessary. None of the circumstances in CEQA Guidelines Section 15162 exist to require any additional environmental review and no further documentation is necessary. The City Council hereby relies on the prior EIR adopted in connection with the Uptown Temecula Specific Plan and directs City staff to file a Notice of Determination. Section 4. Table 17.02.010 of Chapter 17.02(Establishment of Zoning Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended by adding Affordable Housing Overlay to the list of Zoning Districts as follows, with all other rows of Table 17.02.010 to remain the same: Table 17.02.010 Zoning Districts Zoning District District Abbreviation Code Chapter Description Affordable Housing AHO 17.21 Overlay Section 5. Table 17.02.020 of Chapter 17.02(Establishment of Zoning Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended by adding "Affordable housing overlay(AHO)" to the list of Zoning Districts as follows, with all other rows of Table 17.02.020 to remain the same: Table 17.02.020 Consistency Between the General Plan and Zoning Districts General Plan Land Use Designation Zoning District These special zoning districts may be Specific plan (SP-x) used to represent any combination of general plan land use designations: Planned development overlay(PD-x) Village center plan (VC-x) Floodplain overlay district(FP) Affordable housing overlay (AHO) Section 6. Subsection "E" of Section 17.08.020 (Description of commercial/office/industrial districts) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby revised to read as follows, with all other sections of Section 17.08.020 to remain the same: "E. Professional Office (PO). The professional office designation includes primarily single-tenant or multi-tenant offices and may include supporting uses. The office developments are intended to include low-rise offices situated in a landscaped garden arrangement and may include mid-rise structures at appropriate locations. Typical uses include legal, design, engineering or medical offices, corporate and governmental offices, and community facilities. Limited supporting convenience retail and personal service (such as dry cleaners, barbers, shoe repair shop) commercial may be permitted to serve the needs of the on-site employees. A maximum of fifteen percent of the total square footage of the floor area shall be devoted to retail or personal service uses. Residential uses may be allowed on those PO properties that are subject to the Affordable Housing Overlay." Section 7. Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts)of Section 17.08.030(Use Regulations)of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to delete the row for "Affordable Housing" from the table, and designate "Residential, multiple-family housing" as a Permitted (P) Use in the PO zone subject to a new footnote 8 that reads as follows, with all other parts of Table 17.08.030 to remain the same: Description of Use NC CC HT SC PO BP LI Residential, multiple-family - C - - P8 - - housing "8. 'Residential, multiple-family housing' shall be allowed in the PO zone only if the Affordable Housing Overlay (AHO) applies to the property and the proposed development complies with all requirements of Chapter 17.21." Section 8. Section 17.12.020 (Public/institutional district) of Chapter 17.12 (Public/Institutional District)of Title 17(Zoning)of the Temecula Municipal Code is hereby revised in its entirety to read as follows: "The public/institutional zoning district includes both public, private and uses of a quasi-public nature such as public schools, hospitals, libraries, civic centers, cultural facilities, churches and public utility facilities. In addition, residential uses may be allowed on those PI properties that are subject to the Affordable Housing Overlay." Section 9. Table 17.12.030 (Schedule of Permitted Uses—Public/Institutional Districts) of Section 17.12.030 (Use Regulations) of Chapter 17.12 (Public/Institutional District) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add "Residential, multiple-family housing" as a Permitted (P) Use in the PI zone subject to a new footnote 4 that reads as follows, with all other parts of Table 17.12.030 to remain the same: Description of Use Public/Institutional District (PI) Residential, multiple-family housing P4 "4. `Residential, multiple-family housing' shall be allowed in the PI zone only if the Affordable Housing Overlay (AHO) applies to the property and the proposed development complies with all requirements of Chapter 17.21." Section 10. A new Chapter 17.21 is hereby added to Title 17 (Zoning) of the Temecula Municipal Code to read as follows: "Chapter 17.21 Affordable Housing Overlay Zoning District 17.21.010 Purpose and Intent. 17.21.020 Underlying Zoning. 17.21.030 Approval Process. 17.21.040 Compliance with Laws. 17.21.050 Dedications and Improvements. 17.21.060 Regulations and Development Standards. 17.21.070 Regulatory Agreement. 17.21.080 Applicable Properties. 17.21.010 Purpose and Intent. The purpose of this chapter is to facilitate the development of affordable multi-family housing, enable the City to meet its housing goals, and ensure that affordable housing developments will be compatible with surrounding land uses by establishing an Affordable Housing Overlay Zoning District. 17.21.020 Underlying Zoning. A property designated within the Affordable Housing Overlay may be developed either in the manner provided in this Chapter 17.21 or in the manner provided in the underlying zoning district. 17.21.030 Approval Process. A. Projects that comply with the requirements of this Chapter 17.21 are permitted by right. B. Form of Application. An application for a project pursuant to this Chapter 17.21 shall be completed on a form provided by the planning department for an Administrative Review. The Administrative Review Application shall be reviewed by the Planning director and shall be granted if the Planning Director finds that the application complies with all of the requirements in this Chapter 17.21. C. Notice of Decision. A Notice of Decision for an Administrative Review Application shall be mailed first class and postage pre-paid to both the applicant and its representative (as shown on the application) and to any person who has made a written request for a copy of the decision. D. Expiration of Administrative Approval. Within three years of the date of approval for the Administrative Review Application, commencement of construction shall have occurred or the approval shall become null and void. E. Revocation. Approval of an Administrative Review Application may be revoked or modified by the Planning Commission in accordance with Section 17.03.080. 17.21.040 Compliance with Laws. A. The applicant shall enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe, and provide a copy of this agreement to the City before the issuance of an Administrative Review Application. This Agreement shall address the following: 1. Treatment and disposition of cultural resources; 2. The designation, responsibilities, and participation of professional Pechanga Tribal monitors during grading, excavation and ground disturbing activities; 3. Project grading and development scheduling; 4. Terms of compensation for the Pechange Tribal monitors; 5. Treatment and final disposition of any cultural resources, sacred sites, and human remains discovered onsite; 6. Pechanga Tribal monitor's authority to stop and redirect grading in order to evaluate the significance of any potential resources discovered on the property, and to make recommendations as to treatment; 7. The applicant's agreement to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition; and 8. The applicant's agreement that all Pechanga Tribal sacred sites are to be avoided and preserved. B. The applicant shall comply with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), the MSHCP Implementing Agreement, and pay any applicable fees including any Local Development Mitigation Fee. C. The applicant shall comply with all requirements of the building codes adopted by the City, pursuant to Temecula Municipal Code Chapter 15.04. D. The applicant shall enter into an agreement with the City, approved and executed by the City Manager in a form approved by the City Attorney, whereby the applicant agrees to: 1. Conduct a Burrowing Owl Study in compliance with the MSHCP prior to plan check approval for a grading permit. If the results of the survey indicate that no burrowing owls are present on site, then the project may move forward with grading, upon Planning Division approval. If burrowing owls are found to be present or nesting on site during the preconstruction survey, then the applicant shall comply with the following requirements unless the MSHCP contains different mitigation measures, in which case the MSHCP mitigaiton measures shall prevail: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, except that from March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist. If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed. E. The applicant shall comply with the requirements of the City's Public Art Ordinance, as set forth in Temecula Municipal Code Chapter 5.08. F. The applicant shall pay any applicable Transportation Uniform Mitigation Fees, as set forth in Temecula Municipal Code Chapter 15.08. G. The applicant shall pay any applicable Development Impact Fees, as set forth in Temecula Municipal Code Chapter 15.06. H. The applicant shall comply with all requirements of the NPDES MS4 permit and Chapter 18.06 herein, including preparing a Water Quality Management Plan, paying all fees, obtaining all permits, and entering into any necessary operating and maintenance agreements related thereto. The property owner shall provide for the effective establishment, operation, management, use, repair, and maintenance of all drainage facilities and pollution prevention devices outlined in the WQMP for the project. The applicant shall comply with the City's Sign Standards, as set forth in Temecula Municipal Code Chapter 17.28. All projects approved pursuant to this Chapter 17.21 shall comply with the standards applicable to signs in residential districts, even if the underlying zoning district for the property is professional office, public-institutional, or another non-residential zoning district, except that any project in the Uptown Temecula Specific Plan Area shall follow the sign standards in the Uptown Temecula Specific Plan. J. The applicant shall comply with the requirements of the City's Water Efficient Landscape Ordinance, as set forth in Temecula Municipal Code 17.32. K. The applicant shall comply with all objective health and safety standards, as determined by the Riverside County Environmental Health Department. L. If determined applicable by the City, the applicant shall submit a geotechnical report by a certified engineer, geologist or civil engineer practicing within their area of competence. The applicant also shall pay all fees associated with a City or City-contracted third party review of said geotechnical report. The applicant shall mitigate all seismic risks in compliance with the Alquist-Priolo Act, Seismic Hazards Mapping Act, and any subsquent seismic legislation. M. Where no subdivision is required, and if determined applicable by the City, the applicant shall enter into a reciprocal access easement, maintenance agreement, or other agreement, in a form approved by the City Attorney, ensuring access to all parcels and joint maintenance of all roads, drives, parking areas, drainage facilities, and water quality features. Prior to the issuance of the grading permit, the applicant shall record a copy of this agreement in the public records of the County of Riverside, and a copy of the agreement shall be filed with the office of the City Clerk, and a copy shall be provided to the Planning Department. 17.21.050 Dedications and Improvements. A. The purpose of this section is to establish standards and requirements for dedications and improvements in connection with the development of land pursuant to this Chapter 17.21 in which no subdivision is involved. B. Dedications Required. Applicants who propose a development pursuant to this Chapter 17.21 shall provide, by means of an offer of dedication or other appropriate conveyance as approved by the City Attorney, the rights-of-way necessary for the construction of any street as shown on the circulation plan in the general plan, any applicable specific plan, or otherwise required by the Director of Public Works in compliance with an established street system or plan. Rights-of-way shall be provided for improvements to existing facilities, including rights-of-way for storm drains or other required public facilities. All rights-of-way shall be accompanied by a title report and be free of all liens and encumbrances. Dedications required by this section shall be made before the issuance of a building permit. C. Public Improvements Required. Applicants who propose a project pursuant to this Chapter 17.21 shall cause to construct all necessary public improvements in compliance with city specifications upon the property and along all street frontages adjoining the property, unless adequate public improvements already exist. In each instance, the Director of Public Works shall determine whether or not the necessary improvements exist and are adequate. D. Construction of Public Improvements. If the Director of Public Works determines that public improvements are required, these public improvements shall be designed to city standards and their construction guaranteed by an improvement agreement secured by a bond or cash deposit before issuance of a building permit. If the building permit is not exercised, the improvement obligation shall terminate and the security shall be returned. The Director of Public Works is authorized to execute agreements on behalf of the city. 17.21.060 Regulations and Development Standards. A. Except as otherwise stated herein, the objective standards and regulations applicable to multifamily projects in the High Density Residential Zoning District, as outlined in Chapter 17.06, shall apply to all projects developed pursuant to this Chapter 17.21. If the project is located within a specific plan or planned development overlay area, the project shall comply with all objective standards contained in the applicable specific plan or planned development overlay, including, but not limited to, design requirements, fees, landscaping, and mitigation monitoring programs; however, where the applicable specific plan or planned development overlay standards conflict with the High Density Residential Zoning District standards with respect to density and height, the High Density Residential Zoning District standards shall apply. Notwithstanding the foregoing, housing projects and mixed-use projects developed pursuant to this Chapter 17.21 on sites that are located in the Uptown Temecula Specific Plan Area shall comply with the objective standards and regulations provided in the Uptown Temecula Specific Plan, except that the specific requirements of this Section 17.21.060 regarding minimum density and affordable units shall apply. B. Projects developed pursuant to this Chapter 17.21 may consist of entirely residential uses, or may be structured as mixed-use projects with commercial and residential uses if the underlying zoning is Uptown Temecula Specific Plan and allows for mixed-use projects. Mixed-use projects shall be allowed only if residential uses occupy at least 50 percent of the total floor area of the mixed-use project. C. Projects developed pursuant to this Chapter 17.21 shall be considered a High Density Residential use for the purposes of determining maximum noise levels under Table N-1 in Section 9.20.040 of this Code. D. At least 20 percent of the residential units in each project developed pursuant to this Chapter 17.21 shall be reserved for households earning no greater than 80 percent of area median income adjusted for family size appropriate to the unit. The units shall be sold or rented at an affordable housing cost or affordable rent, as those terms are defined in Sections 50052.5 and 50053 of the California Health and Safety Code. If the units are rental units, the affordable units shall be deed-restricted for a period of not less than fifty-five (55) years. If the units are for-sale units, the units shall be sold in accordance with California Government Code Section 65915. E. Any project developed pursuant to this Chapter 17.21 shall provide a residential density of no less than 20 dwelling units per acre, with a maximum density of 30 units per acre. F. An applicant for a project pursuant to this Chapter 17.21 may apply for a density bonus in accordance with Government Code 65915. For the purposes of any density bonus granted, the maximum allowable residential density for a project applying for by-right approval in the Affordable Housing Overlay shall be 30 dwelling units per acre. 17.21.070 Regulatory Agreement. A. A legally binding agreement, in a form approved by the City Attorney, shall be executed and recorded against the property to ensure that the property complies with all of the requirements of this Chapter 17.21, including, but not limited to, the requirement that affordable units shall be deed-restricted for a period of not less than fifty-five (55) years. B. The property owner shall record the regulatory agreement prior to recording any final map for the underlying property, or prior to the issuance of any building permit for the project, whichever comes first. The regulatory agreement shall be binding on all future owners and successors of interests of the project. C. The City Manager is authorized to execute the regulatory agreement, and any related document(s), on behalf of the City Council for projects approved pursuant to this Chapter 17.21. 17.21.080 Applicable Properties. This Affordable Housing Overlay applies to those properties shown on the City of Temecula Affordable Housing Overlay Map attached as Exhibit "A" to this Ordinance, as it may be amended from time to time." Section 11. Table 17.22.166A (Rancho Pueblo Matrix of Permitted Uses) in Section 17.22.166 (Land Uses) of Article VII (Rancho Pueblo Planned Development Overlay District(PDO-6)of Chapter 17.22 (Planned Development Overlay Zoning District) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to delete the row for "Affordable Housing" from the table, with all other parts of Table 17.22.166A to remain the same. Section 12. Table 17.22.196 (Schedule of Permitted Uses) of Section 17.22.196 (Use Regulations) of Article IX (De Portola Road Planned Development Overlay District) of Chapter 17.22 (Planned Development Overlay Zoning District) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to delete the row for "Affordable Housing" from the table, with all other parts of Section 17.22.196 to remain the same. Section 13. 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 14. 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 15. 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 , 2018. Matt Rahn, Mayor APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Randi Johl-Olson, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl-Olson, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 18-[ ] 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 , 2018, 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 , 2018, the following vote: AYES: COUNCIL MEMBERS: [ ] NOES: COUNCIL MEMBERS: [ ] ABSTAIN: COUNCIL MEMBERS: [ [ ABSENT: COUNCIL MEMBERS: [ ] Randi Johl-Olson, City Clerk EXHIBIT A AFFORDABLE HOUSING OVERLAY MAP .. • 1 920110004 23 959060014 2 909370050 24 959060016 /'• 1 3 909370049 25 959060017 ' .# 14 921330052 26 959070014 5 921330053 27 910272008 �� PDO-3 6 921330025 28 910272017 �, �P�,�5' ,, ����� 7 921330005 29 910272014 15 +� 8 921280002 30 910272029 ♦ /C_j g- Harveston Rorip. 9 944330008 31 921060056 x,; Hi! 10 944290016 32 921060058 11 944330007 33 921050016 -f w� 12 944330005 34 921050020 \ rP 13 944330004 35 909270024 �° 14 944060009 36 909282013 15 944370006 37 910262009 42 i 16 944370007 38 910272025 co ,♦ 41 17 944370005 39 910272018 �3a� Campos 18 944370013 40 910282002 44 ��. 43 Verdes 19 944370010 41 910272001 39 4,,29fie.° Temecula 20 944370001 42 910262003 Z 28 30 O o�� Regional 21 922190033 43 910262007 ® ,t.` T� Center / 22 961440017 44 910262010 0,• 2 0 40 V4• 1 910272 �,�i`.O' PDO-10 ® V Q Affordable Housing Overlay Areas •.�.••• 6`,PS SOIAN T.•-n 4, O °i O� A wY �.._.. Temecula City Boundary Jefferson "'- Corridor Q Date 08/24/2018 O PLOP t �- PD0-2 Margarita ��`p �P8 33 � Village/Temeku �, 4,"• 1718 ®' Hills 1 v R4NCN0 • ,••�� PJ'�OP ,34 �:``.'19 CALIFORNIA RD 16x1,•� �-,' A '\ es PARk a PDO-5 P PDO=7 `• oP ® 12 13 �R"Lvs sr VA •• ., m 32 ' .�• 9°R r..4 • \ �`; Q %4J(l) `PDO 11 RANCHO v�T4 RD ►:•:A.• *- \\ 11 Paloma del 8 ' `i Sol/Paseo '.••�•.�••�••� �qo del So/ '''\4 S. - Rancho ' / Old Town _ Highlands SANTI4CORO Altair 'no 0 ,, ,, Specific Plan g< (0 s 9L,, 0 � j PDO!��! Southside \ �,- SE,,E,0‘" �b PDO-6 9L 1r4fk,fq,, KO i♦���� '`A�y ® DE PORTOVP 24 Ranch AO 23 - --ee0 Pueblo 22 �.�"�/250��A Temecula Ck s:®:s'.•' � �,�.•1 Village PDO-4 0 2,500 5,000 •• •• '--..,7,110''A Feet •i'' Temecula �'4�P T-1 Mile • • ' _IT 0 05 1 ,••� Creek Inn .1 I ek ADDENDUM TO FINAL ENVIRONMENTAL IMPACT REPORT AS CERTIFIED BY THE CITY COUNCIL OF THE CITY OF TEMECULA FOR THE UPTOWN TEMECULA SPECIFIC PLAN (STATE CLEARINGHOUSE NO. 2013061012) AND THE NEGATIVE DECLARATION FOR THE 2014-2021 HOUSING ELEMENT Prepared by the City of Temecula in its capacity as a Lead Agency SITE: Parcels 920110004, 909370050, 909370049, 921330052, 921330053, 921330025, 921330005, 921280002, 944330008, 944290016, 944330007, 944330005, 944330004, 944060009, 944370006, 944370007, 944370005, 944370013, 944370010, 944370001, 922190033, 961440017, 959060014, 959060016, 959060017, 959070014. 910272008, 910272017, 910272014, 910272029, 921060056, 921060058, 921050016, 921050020, 909270024, 909282013, 910262009, 910272025, 910272018, 910282002, 910272001, 910262003, 910262007, and 910262010. PROJECT TITLE: Affordable Housing Overlay Zone Ordinance PROJECT APPLICANT: City of Temecula Attachments: A. City Council Resolution No. 15-65 B. Negative Declaration for the 2014-2021 Housing Element PROJECT DESCRIPTION: The project consists of an ordinance establishing an Affordable Housing Overlay (AHO) Zone, and identifying specific parcels that will be subject to this overlay zone. The AHO Zone will create the opportunity for more affordable housing to be constructed within the City of Temecula. The City Council of the City of Temecula adopted the City's 2014-2021 Housing Element("Housing Element") on January 28, 2014. The City's Housing Element identified the need to amend the City's Municipal Code to establish an AHO Zone to encourage the development of affordable housing in the City. Residential uses are allowed in the land use designation where the AHO Zone will apply, as described in the text of the General Plan Housing Element and Appendix B to the Housing Element. On January 28, 2014, a Negative Declaration was adopted for the approval of the Housing Element, which analyzed the potential impacts and determined that less than significant impacts would result from the adoption of the Housing Element. The project merely implements the Housing Element by establishing the AHO Zone described in the City's Housing Element. 1 Affordable Housing Overlay Zone Addendum to Environmental Impact Report and Negative Declaration August 23, 2018 Recognizing the need to increase the stock of affordable housing in the City, and because some of the sites that were planned to be designated as part of the AHO Zone in the Housing Element were developed with non-residential uses, the City determined there was a need to include additional sites that were not identified in the Housing Element as part of the AHO Zone. The City subsequently identified for inclusion in the AHO Zone sites located within the Uptown Temecula Specific Plan area that are vacant and zoned to allow for residential development. On November 17, 2015, the City Council of the City of Temecula certified a Program Environmental Impact Report(EIR) (SCH#2013061012)for the Uptown Temecula Specific Plan. The EIR analyzed the impacts of adopting the Uptown Temecula Specific Plan and having residential, mixed-use, and commercial projects developed in the Specific Plan area. As discussed below,the project's environmental impacts were previously assessed in accordance with the authority and criteria of the California Environmental Quality Act (CEQA) in an EIR adopted by the City of Temecula for the Uptown Temecula Specific Plan, and in the Negative Declaration for the Housing Element. PURPOSE: This Addendum to the EIR and Negative Declaration is being prepared pursuant to CEQA Guidelines Section 15164 which allows for a lead agency to prepare an addendum to a previously certified EIR and/or Negative Declaration. Specifically, CEQA Guidelines Section 15164(a) provides that an addendum to an EIR shall be prepared if some changes or additions are necessary but none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR have occurred. CEQA Guidelines Section 15164(b) provides that an addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR have occurred. Pursuant to CEQA Guidelines Section 15162, no subsequent EIR shall be prepared for the project unless, on the basis of substantial evidence in light of the whole record, one or more of the following is determined: (1) Substantial changes are proposed in the project that will require major revisions of the previous EIR due to the involvement of new, significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance identifies one or more significant effects not discussed in the previous EIR, significant effects previously examined will be substantially 2 Affordable Housing Overlay Zone Addendum to Environmental Impact Report and Negative Declaration August 23, 2018 more severe than shown in the previous EIR, mitigation measures or alternatives previously found not to be feasible or not analyzed in the EIR would be feasible and would substantially reduce one or more significant effects but the project proponents decline to adopt of the measure or alternative. FINDINGS CONCERNING ENVIRONMENTAL IMPACTS OF THE PROJECT: The environmental impacts associated with adopting an AHO Zone, and including the sites that were identified in the Housing Element in the AHO Zone, were previously analyzed in the Negative Declaration for the Housing Element. Program 1 of the Housing Element specifically identified that the City will establish an AHO Zone that will allow for an increase in density in the High Residential zoning designations, to 30 units per acre, if the development is affordable housing. The increased development capacity within the High Density Residential zone will allow for densities consistent with default densities of state housing element law and will therefore be appropriate to accommodate a portion of the City's lower income regional housing need. The Housing Element also provides that the overlay will be applied to Professional Office sites through implementation of Program 1, and these sites will be permitted to develop at a density of 30 units per acre. The proposed Ordinance implements Program 1 of the Housing Element, by amending portions of Title 17 of the Temecula Municipal Code to add Chapter 17.21 and thereby establishes an AHO Zone. The proposed Ordinance also identifies that all the currently vacant sites that were identified in the Housing Element as being part of the AHO Zone are part of the AHO Zone. The environmental impacts of the Project have been evaluated by the previously adopted Negative Declaration and no further environmental review is necessary. The Negative Declaration found that there would be no impact to aesthetics or agriculture and forestry resources associated with the adoption of the Housing Element. The Negative Declaration further found that there would be less than significant impacts to air quality;biological resources; cultural resources; geology and soils; greenhouse gas emissions; hazards and hazardous materials; hydrology and water quality; land use and planning; mineral resources; noise; population and housing; public services; recreation; transportation and traffic; and utilities and service systems associated with the adoption of the Housing Element. The Negative Declaration explained that the AHO Zone will formalize the density levels for affordable housing projects in the High Density and Professional Office zones that are already included in the existing Municipal Code Section 17.10.020(M)(3)(a), which allows affordable housing projects in these zoning districts to develop up to a maximum density of 30 dwelling units per acre. The AHO Zone therefore does not increase the allowable density above the levels already authorized by the Municipal Code. None of the findings in CEQA Guidelines Section 15162 has been triggered and no further environmental review or documentation is necessary. 3 Affordable Housing Overlay Zone Addendum to Environmental Impact Report and Negative Declaration August 23, 2018 The Housing Element states that where an approval of a development (residential, commercial or mixed-use) on an identified site in Appendix B results in a reduction of potential affordable units below the residential capacity assumed, the City will identify and designate additional AHO sites to accommodate the shortfall of capacity remaining within the AHO Zone. In compliance with the Housing Element, the City has identified additional sites within the Uptown Temecula Specific Plan that will be part of the AHO Zone. An EIR was certified in connection with the approval of the Uptown Temecula Specific Plan. The EIR analyzed the environmental impacts associated with adopting the Uptown Temecula Specific Plan. The EIR identified the potential for the adoption of the Uptown Specific Plan to cause significant environmental impacts in the areas of aesthetics; air quality; biological resources; cultural resources; geology, soils and seismicity; hazards and hazardous materials; hydrology and water quality; noise;transportation and traffic; and utilities and water supply assessment. With the exception of specific impacts to air quality (construction and operations), noise (construction), and cumulative impacts to air quality and cultural resources, measures have been identified that would mitigate all of the impacts to the topic areas identified above to a less than significant level. The City Council adopted a Mitigation and Monitoring Program in connection with the EIR. The City Council also adopted a Statement of Overriding Considerations for the environmental impacts that could not be fully mitigated to a less than significant level. The proposed Ordinance applies the AHO Zone to certain parcels located in the Uptown Temecula Specific Plan Area. The Uptown Temecula Specific Plan is divided into six planning districts, all of which allow residential uses. The Uptown Temecula Specific Plan, however, does not contain maximum or minimum density requirements, although residential development is anticipated at a range of 20 to 60 dwelling units per acre. Depending on the zoning district, residential developments can be arranged as residential only, mixed-use development, or both. For planning purposes, the Uptown Temecula Specific Plan assumes a residential density of 45 dwelling units per acre in all zoning districts. Uptown Temecula Specific Plan area sites located within the AHO Zone that seek to develop projects under Chapter 17.21 of the Municipal Code will have a minimum density level of 20 dwelling units per acre, and no maximum density. The intensity authorized by the AHO Zone is in keeping with the intensity analyzed in the EIR for the Uptown Temecula Specific Plan Area. Because the Uptown Temecula Specific Plan assumes a density level of 45 dwelling units per acre, the project's environmental impacts are consistent with the analysis and conclusions presented in the EIR. As such, the environmental impacts for the application of the AHO to these sites was adequately analyzed in the prior EIR and no further environmental review is necessary. None of the circumstances in CEQA Guidelines Section 15162 exist to require any additional environmental review and no further documentation is necessary. 4 Affordable Housing Overlay Zone Addendum to Environmental Impact Report and Negative Declaration August 23,2018 By: Diel Title: �• DATE: August 23, 2018 5 RESOLUTION NO. 15-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION WITH THE ADOPTION OF THE UPTOWN JEFFERSON SPECIFIC PLAN THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 . Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. The Uptown Jefferson Specific Plan ("Specific Plan") has been initiated and prepared on behalf of the City of Temecula. The Specific Plan area is approximately 2.3 miles long and encompasses approximately 560 acres. The Specific Plan area is located north of Rancho California Road, west of Interstate 15, south of Cherry Street, and east of Diaz Road. The Specific Plan area is divided into six zoning districts: Uptown Center District, Uptown Hotel/Tourism District, Uptown Sports/Transit District, Uptown Arts District, Creekside Village District and the Murrieta Creek Recreation and Open Space District. In addition, there are two overlay zones: Creekside Village Commercial Zone and the Wilder Hills Residential Overlay Zone. It is projected that approximately 5.5 million square feet of new development could be constructed in the Specific Plan area within twenty years. This includes approximately 1.7 million square of feet of commercial development, 315 new hotel rooms and 3,726 new residential dwelling units. B. The adoption of the Specific Plan also includes a General Plan Amendment, a Zoning Code Amendment to add the Specific Plan area, a Zoning Map Amendment to change the zoning classification of the properties located within the Specific Plan area, and the elimination of the Uptown Jefferson Specific Plan area from the Adult Business Overlay Zone (collectively referred to as the "Project"). C. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code § 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs. § 15000 et seq. (collectively referred to as "CEQA"). Pursuant to CEQA, the City is the lead agency for the Specific Plan, as the public agency with both general governmental powers and the principal responsibility for implementing the Specific Pian. Resos 15-65 1 D. On June 2, 2013, in accordance with CEQA Guideline Section 15082, the City published a Notice of Preparation ("NOP") of a Draft Environmental Impact Report ("Draft EIR") and circulated it to governmental agencies, organizations, and persons that may be interested in the proposed Project. The NOP requested that comments on the topics to be analyzed in the Draft EIR for the proposed Project be submitted to the City by July 12, 2013. E. In response to the NOP, the City received written comments from various individuals and organizations. These comment letters assisted the City in narrowing the issues and alternatives for analysis in the Draft EIR. F. On June 27, 2013, in accordance with CEQA Guidelines Section 15082(c)(1), the City held a public scoping meeting to obtain comments from interested parties on the scope of the Draft EIR. G. The City's consultants thereafter prepared, in accordance with State CEQA Guidelines Section 15168, a Draft EIR for the proposed Project (State Clearinghouse Number 2013061012). H. Upon completion of the Draft EIR in March 2015, the City initiated a public comment period by filing a Notice of Completion with the State Office of Planning and Research on April 1, 2015. The public comment period commenced via the State Clearing House from April 2, 2015 through May 18, 2015. A Notice of Completion and Recirculation of a Draft EIR was also sent to adjacent property owners indicating a review period of May 19, 2015 through July 6, 2015. Copies of the documents have been available for public review and inspection at the City of Temecula Community Development Department, Planning Division, located at 41000 Main Street; the Temecula Public Library located at 30600 Pauba Road; the Temecula Grace Mellman Community Library located at 41000 County Center; the City of Temecula website; and the Envision Jefferson Avenue website. The City also published a Notice of Availability for the Draft EIR on on April 4, 2015 in the San Diego Union-Tribune, a newspaper of general circulation in the City. I. In response to the Draft EIR, written comments were received from various agencies, individuals, and organizations. The City responded to all written comments. Those comments and the responses thereto are included as part of the Final Environmental Impact Report/Response to Comments document ("Final EIR"). The Final EIR consists of the Draft EIR, Comments and Responses to Comments, the Mitigation Monitoring and Reporting Program, and the Errata listing changes made to the Draft EIR in response to comments. J. Pursuant to Public Resources Code section 21092.5, the City provided its responses to all persons, organizations, and agencies who commented on the Draft EIR. K. On October 21, 2015 and November 4, 2015, at duly noticed public hearings as prescribed by law, the Planning Commission considered the proposed Resos 15-65 2 Project and any comments received prior to or at the public hearings, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the proposed Project and the EIR, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 15-26 recommending that the City Council certify the Final EIR prepared for the proposed Project, adopt Findings pursuant to the California Environmental Quality Act, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the proposed Project. The Planning Commission also adopted Resolution No. 15-27, thereby recommending that the City Council take various actions, including adopting General Plan Amendment, Zoning Code and Zoning Map amendments related to the approval of the proposed Project. L. Section 15091 of the State CEQA Guidelines requires that the City, before approving a project for which an EIR is required, make one or more of the following written finding(s) for each significant effect identified in the EIR accompanied by a brief explanation of the rationale for each finding: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR; or, 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or, 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. M. Section 15093 of the State CEQA Guidelines requires that if a project will cause significant unavoidable adverse impacts, the City must adopt a Statement of Overriding Considerations prior to approving the project. A Statement of Overriding Considerations states that any significant adverse project effects are acceptable if expected project benefits outweigh unavoidable adverse environmental impacts. N. Environmental impacts identified in the Final EIR that are found to be less than significant and do not require mitigation are described in Section III and IV of Exhibit A to this Resolution. Exhibit A, Findings and Facts in Support of Findings, is hereby incorporated by reference as if set forth in full herein. Resos 15-65 3 O. Environmental impacts identified in the Final EIR that are found to be less than significant through the imposition of mitigation are described in Section V of Exhibit A to this Resolution. P. Environmental impacts identified in the Final EIR as potentially significant but which cannot be fully mitigated to a less than significant level despite the imposition of all feasible mitigation measures are described in Section VI of Exhibit A to this Resolution. Q. Alternatives to the proposed Project that might eliminate or reduce significant environmental impacts are described in Section VII of Exhibit A of this Resolution. R. A discussion of the proposed Project benefits identified by City staff and a Statement of Overriding Considerations for the environmental impacts that cannot be fully mitigated to a less than significant level are set forth in Exhibit B to this Resolution, which is hereby incorporated by reference as if set forth in full herein. S. Public Resources Code section 21081.6 requires the City to prepare and adopt a Mitigation Monitoring and Reporting Program for any project for which mitigation measures have been imposed to ensure compliance with the adopted mitigation measures. The Mitigation Monitoring and Reporting Program is attached to this Resolution as Exhibit C, and is hereby incorporated by reference as if set forth in full herein. T. On November 17, 2015, the City Council of the City of Temecula considered the proposed Project including the Specific Plan, the General Plan Amendments, the Zoning Code Amendments and Zoning Map Amendment, and the elimination of the Uptown Jefferson Specific Plan area from the Adult Business Overlay Zone the Draft EIR, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The City Council considered all the testimony and any comments received regarding the proposed Project, the Draft EIR, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations prior to and at the public hearing. SECTION 2. Substantive Findings. The City Council of the City of Temecula, California does hereby: A. Declare that the City Council has independently considered the administrative record before it, which is hereby incorporated by reference and which includes the Final EIR, the written and oral comments on the Draft EIR, staff reports and responses to comments incorporated into the Final EIR, and all testimony related to environmental issues. B. Determine that the Final EIR fully analyzes and discloses the potential impacts of the proposed Project, and that those impacts have been mitigated or avoided Resos 15-65 4 to the extent feasible for the reasons set forth in the Findings attached hereto as Exhibit A, with the exception of those impacts found to be significant and unmitigable as discussed therein. C. Declare that prior to taking action, the City Council has heard, been presented with, reviewed and considered all of the information and data in the administrative record including the Final EIR, and all oral and written testimony presented to it during meetings and hearings. The City Council finds the Final EIR is an accurate and objective statement that fully complies with CEQA, State CEQA Guidelines and the City's local CEQA Guidelines. The Final EIR reflects the independent judgment of the City Council and is deemed adequate for purposes of making decisions on the merits of the proposed Project and related actions. The City Council further finds that the additional information provided in the staff reports, in comments on the Draft EIR, the responses to comments on the Draft EIR, and the evidence presented in written and oral testimony does not constitute new information requiring recirculation of the Draft EIR or additional review of the Final EIR under CEQA. None of the information presented has deprived the public of a meaningful opportunity to comment upon a substantial environmental impact of the proposed Project or a feasible mitigation measure or alternative that the City has declined to implement. The minor modifications to the Final EIR do not require adiditonal public review because there has not been a substantial increase in the severity of any environmental impacts. SECTION 3. Certification of the Final EIR. The City Council hereby certifies the Final EIR as being in compliance with CEQA. The City Council further adopts the findings pursuant to CEQA as set forth in Exhibit A attached hereto and incorporated herein by reference; adopts the Statement of Overriding Considerations as set forth in Exhibit B attached hereto and incorporated herein by reference; and adopts the Mitigation Monitoring and Reporting Program attached hereto as Exhibit C and incorporated herein by reference. The City Council further determines that all of the findings made in this Resolution (including Exhibit A) are based upon the information and evidence set forth in the Final EIR and upon other substantial evidence that has been presented at the hearings before the Planning Commission and the City Council, and in the record of the proceedings. The City Council further finds that each of the overriding benefits stated in Exhibit B, by itself, would justify proceeding with the proposed Project despite any significant unavoidable impacts identified in the Final EIR or alleged to be significant in the record of proceedings. SECTION 4. The City Council hereby imposes as a condition on the proposed Project each mitigation measure specified in Exhibit C, and directs City staff to implement and to monitor the mitigation measures as described in Exhibit C. SECTION 5. Custodian of Records. The City Clerk of the City of Temecula is the custodian of records, and the documents and other materials that constitute the record of proceedings upon which this decision is based are located at the Office of the City Clerk, City of Temecula, 41000 Main Street, Temecula, California 92590. This information is provided in compliance with Public Resources Code Section 21081.6. Resos 15-65 5 SECTION 6. Severability. The City Council hereby declares that the provisions of this Resolution are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Resolution to be invalid, such decision shall not affect the validity of the remaining parts of this Resolution. SECTION 7. Certification and Effective Date. The City Clerk shall certify to the adoption of this Resolution which shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 17th day of November, 2015. Jeff Comerchero, Mayor Randi Johl, City Clerk [SEAL] Resos 15-65 6 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. 15-65 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 17th day of November, 2015, by the following vote: AYES: 5 COUNCIL MEMBERS: Edwards, McCracken, Naggar, Rahn, Comerchero NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None OF Randi Johl, City Clerk I I Resos 15-65 7 EXHIBIT A Findings and Facts in Support of Findings I. Introduction. The California Environmental Quality Act, Public Resources Code§21000,et seq.("CEQA")and the State CEQA Guidelines. 14 Cal.Code Regs.§ 15000,et seq.(the"Guidelines")provide that no public agency shall approve or carry out a project for which an environmental impact report has been certified that identifies one or more significant effects on the environment caused by the project unless the public agency makes one or more of the following findings: A. Changes or alterations have been required in,or incorporated into,the project, which avoid or substantially lessen the significant environmental effects identified in the Program Environmental Impact Report(EIR). B. Such changes or alterations are within the responsibility of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. C. Specific economic,social,or other considerations make infeasible the mitigation measures or project alternatives identified in the Program EIR.1 Pursuant to the requirements of CEQA,the City Council of the City of Temecula hereby makes the following environmental findings in connection with the proposed Uptown Jefferson Specific Plan, the General Plan Amendment,a Zoning Code Amendment to add the Specific Plan area,a Zoning Map Amendment to change the zoning classification of the properties located within the Specific Plan area,and the elimination of the Uptown Jefferson Specific Plan area from the Adult Business Overlay Zone(the"Project"),as more fully described in the Final Program EIR. These findings are based upon written and oral evidence included in the record of these proceedings,comments on the Draft Program EIR and the written responses thereto,and reports presented to the Planning Commission and the City Council by City staff and the City's environmental consultants. II. Project Objectives. As set forth in the Program EIR,objectives that the City of Temecula seeks to achieve with this Project(the"Project Objectives")are as follows: A.Create a vibrant locale by providing a mix of land uses including housing,commercial/retail, office, higher education institutions, hotels and other tourist-oriented uses,cultural uses,and open space and recreational opportunities. Cal.Pub.Res.Code§21081: 14 Cal.Code Regs.§ 15091. A-1 B. Strengthen opportunities for economic development in the Specific Plan area by building upon existing assets as well as encouraging new public and private investment in the area that attracts high-wage,quality employment opportunities and higher education facilities. C. Establish a distinct identity for the Specific Plan area by beautifying Jefferson Avenue and making it"Temecula's Great Street." D. Identify and establish interrelated,compatible districts and neighborhoods with their own unique identities. E. Develop a signage strategy for wayfinding,neighborhood/district identification,and gateway monumentation that emphasizes the distinct character of the area's location, natural setting,and built environment. F. Create a form-based code to guide future development that allows greater density, increased building heights,design standards for architecture,street character and public realms,and flexible urban parking standards. G. Establish an efficient and interconnected multi-modal mobility network through circulation and transit improvements, including the French Valley Interchange,Overland Drive Extension, Rancho Way Extension,Jefferson Avenue Streetscape Beautification,and working with Regional Transit Authority(RTA)on the siting of a new transit center. H. Enhance bicycle and pedestrian mobility in the Specific Plan area through the development of human-scaled streets, blocks,and alleys as well as incorporating public plazas and providing links with open spaces and recreational amenities. 1. Ensure that new development in the Specific Plan area is adequately served by utilities. III. Effects Determined to be Less Than Significant/No Impact in the Initial Study The City of Temecula conducted an Initial Study in May 2013 to determine significant effects of the Project. In the course of this evaluation certain impacts were found to be less than significant due to the inability of a project of this scope to create such impacts or the absence of project characteristics producing effects of this type. The following issue areas were determined not to be significant for the reasons set forth in the Initial Study and were not analyzed in the EIR:(A)Agriculture and Forest Resources;(B)Mineral Resources;and(C)Recreation. Impacts related to the following issue areas were found to be potentially significant and were studied in the Program EIR:(A)Aesthetics;(B) Air Quality;(C)Biological Resources;(D)Cultural Resources;(E)Geology and Soils; (F)Greenhouse Gas Emissions and Climate Change; (G)Hazards and Hazardous Materials;(H)Hydrology and Water Quality;(I)Land Use and Planning;(J)Noise;(K)Population and Housing;(L)Public Services;(M) Transportation and Traffic ;and(N) Utilities and Services A-2 A. On June 6,2013, in accordance with CEQA Guideline Section 15082,the City published a Notice of Preparation(NOP)of a Draft EIR and circulated it to governmental agencies,organizations, and persons that may be interested in the Project, including land owners,tenants,and business owners within the boundaries of the Uptown Jefferson Specific Plan,and land owners and tenants located within 600 feet of the Specific Plan boundaries. The NOP requested comments by July 12,2013. On June 27, 2013, in accordance with CEQA Section 21083.9 of the State CEQA Guidelines,the City sponsored a public scoping meeting to obtain comments from interested parties on the scope of the Draft EIR.Comments received on the NOP included: the scope of traffic impact analysis and potential traffic impacts;scope of the air quality and greenhouse gas emissions analyses; impacts to public services and utilities,including the adequacy of water supply for the Project;impacts to Native American cultural resources and outreach with the Native American tribes in the area; impacts to biological resources, including consideration of the Project's proximity to Murrieta Creek and its location within the Western Riverside County Multiple Species Habitat Conservation Plan area;and consistency with local and regional land use plans, including the Regional Transportation Plan and Sustainable Communities Strategy goals.No comments were received on areas other than those found to be potentially significant in the Initial Study. IV. Effects Determined to be Less Than Significant Without Mitigation in the Program E1R The Draft Program EIR completed in March 2015 found that the proposed Project would have a less than significant impact without the imposition of mitigation measures on a number of environmental topic areas. The less than significant environmental impact determination was made for each of the following topic areas listed below,based on the more expansive discussions contained in the Program EIR. A. Greenhouse Gas Emissions and Climate Change i. The Project would not generate Greenhouse Gas(GHG)emissions,either directly or indirectly,that may have a significant impact on the environment. 2. The Project would not conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of GHGs. B. Land Use and Planning I. The Project would not physically divide an established community. 2. The Project would not conflict with any applicable land use plan,policy,or regulation of an agency with jurisdiction over the Project adopted for the purpose of avoiding or mitigating an environmental effect. 3. The Project would not conflict with any applicable habitat conservation plan or natural community conservation plan. A-3 C. Population and Housing I. The Project would not induce substantial population growth in an area,either directly or indirectly. 2. The Project would not displace substantial numbers of existing housing,necessitating the construction of replacement housing elsewhere. 3. The Project would not displace substantial numbers of people,necessitating the construction of replacement housing elsewhere. D. Public Services 1. The Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities,or create a need for new or physically altered governmental facilities,the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios,response times or other performance objectives for any of the following public services: • Fire protection; • Police protection; • Schools: • Parks; or • Other public facilities. 2. The Project would not increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facilities would occur or be accelerated. 3. The Project would not include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. V. Potentially Significant Environmental Impacts Determined to be Mitigated to a Less Than Significant Level The Draft Program EIR identified the potential for the Project to cause significant environmental impacts in the areas of aesthetics;air quality; biological resources;cultural resources;geology,soils and seismicity; hazards and hazardous materials;hydrology and water quality; noise;transportation and traffic;and utilities and water supply assessment. With the exception of specific impacts to air quality(construction and operations), noise(construction),and cumulative impacts to air quality and A-4 cultural resources,discussed in Section VI below,measures have been identified that would mitigate all of the impacts to the topic areas identified above to a less than significant level. The City Council finds that the feasible mitigation measures for the Project identified in the Final Program EIR would reduce the Project's impacts to a less than significant level,with the exception of those unmitigable impacts discussed in Section VI below. The City Council adopts all of the feasible mitigation measures for the Project described in the Final Program EIR as conditions of approval of the Project and incorporates those into the Project,as discussed more fully in Exhibit C. A. Aesthetics I. New Source of Light and Glare The Project has the potential to increase the intensity and density of development throughout the Project area,which could result in increased light and glare sources. In addition,although the Project would be consistent with the Riverside County Ordinance No.655 and implement measures to reduce light and glare,given the proposed density and intensity of the Project, new development could substantially increase nighttime light sources. As described below, these impacts can be mitigated to less than significant levels. a) Findings Changes or alterations have been required in or incorporated into the Project,including the mitigation measure described below,which ensure that the Project's potential light and glare impacts remain less than significant. Mitigation Measure MM-AES-1: The following light and glare standards shall be applied to all future development within the Specific Plan area: • The applicant shall ensure that all lighting fixtures contain"sharp cut-off' fixtures, and shall be fitted with flat glass and internal and external shielding. • The applicant shall ensure that site lighting systems shall be grouped into control zones to allow for opening,closing,and night light/security lighting schemes. All control groups shall be controlled by an automatic lighting system utilizing a time clock,photocell,and low voltage relays. • The applicant shall ensure that design and layout of the site shall take advantage of landscaping,on-site architectural massing.and off—site architectural massing to block light sources and reflection from cars. • Prior to the issuance of construction permits for a project-specific development within the Project area that includes outdoor lighting, the applicant shall submit an outdoor lighting plan and photometric plan to be reviewed and approved by the City of Temecula.The lighting plan shall be in compliance with Ordinance No.655 as A-5 adopted by the Riverside County Board of Supervisors and shall include, but not be limited to,the following information and standards: o Light fixtures shall not exceed 4,050 lumens; o Light fixtures shall be fully shielded so that light rays emitted by the fixtures are projected below the horizontal plan passing through the lowest point of the shield. o A map showing all lamp locations,orientations,and intensities,including security,roadway,and task lighting; o Specification of each light fixture and each light shield; o Total estimated outdoor lighting footprint,expressed as lumens per acre;and o Specification of motion sensors and other controls to be used,especially for security lighting. • The City shall conduct a post-installation inspection to ensure that the site is in compliance with the design standards in Mitigation Measure MM-AES-1 and Riverside County Ordinance No.655. • The use of highly reflective construction materials on exterior wall surfaces shall be prohibited.The exterior of permitted buildings shall be constructed of materials such as high performance tinted non-mirrored glass, painted metal panels and pre-cast concrete or fabricated wall surfaces. b) Facts in Support of Findings The Project will be required to comply with existing Riverside County Ordinance No. 655 requiring lighting to be shielded,directed down to avoid glare onto adjacent properties and emit low levels of glare into the sky. In addition,the Project would discourage large surface parking areas,which can be a primary source of daytime glare, and would increase landscaping throughout the area,which would provide additional shielding from lighting and glare; likely reducing the overall amount of light and glare that is currently produced in the Project area. With the implementation of MM-AES-1 (above),potential light and glare impacts associated with the Project will be less than significant. B. Air Quality I. Localized Construction Emissions Future project-level development construction activities associated with the implementation of the Project would not have a significant localized impact when construction activities: I) would require no more than a maximum of six pieces of heavy-duty diesel equipment 111 operating concurrently for eight hours per day;2) involve no more than a maximum daily A-6 amount of 3,500 cubic yards of dirt handling associated with grading activities;3)require no more than 10 miles of onsite travel by haul trucks per day;and 4) involve an onsite storage (soil)pile of no more than 0.02 acres. It is possible that project-level development could exceed these construction activity thresholds,resulting in a significant localized air quality impact. a) Findings Changes or alterations have been required in or incorporated into the Project,including the mitigation measure described below,to ensure that construction emissions from project-level development are less than significant. Mitigation Measure MM-AIR-3: Prior to City approval of an individual development project that would have the construction equipment and activity listed below,a project- specific LST analysis that identifies the resulting construction emissions shall be prepared using either SCAQMD's LST screening tables(for projects that are less than five acres)or dispersion modeling(for projects that exceed five acres in size) .Where it is determined that construction emissions would exceed the applicable LSTs or the most stringent applicable federal or state ambient air quality standards,the project shall reduce its daily construction intensity(e.g.,reducing the amount of equipment used daily, reducing the amount of soil graded/excavated daily,etc.)to a level where the project's construction emissions would no longer exceed SCAQMD's LSTs or result in pollutant emissions that would cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standards. • Requires more than a maximum of six pieces of heavy-duty diesel equipment operating concurrently for eight hours per day; • Involves more than a maximum daily amount of 3,500 cubic yards of dirt handling associated with grading activities; • Requires more than 10 miles of on-site travel by haul trucks per day;and, • Involves an on-site storage(soil)pile of more than 0.02 acres. b) Facts in Support of Findings Implementation of the Project could exceed air quality standards during construction if grading activities exceeded certain levels of activity resulting in localized air quality impacts. However, implementation of Mitigation Measures MM-AIR-la through MM- AIR-Id, and MM-AIR-3 would reduce potential impacts to a less than significant level. 2. Operational Sources of Toxic Air Contaminants As the entire eastern boundary of the Project area is located adjacent to 1-15,there could potentially be new residential uses that would be located within 500 feet of this freeway. A-7 Consequently,the Project could potentially expose sensitive receptors to Toxic Air Contaminants(TACs)from mobile sources on 1-15 to an extent that health risks could result. a) Findings Changes or alterations have been required in or incorporated into the Project. including the mitigation measure described below,to ensure that TACs on sensitive receptors located within the Project site are less than significant. Measure MM-AIR-4: Prior to City approval of future project-specific residential developments within the Project area and located within 500 feet of 1-15,a health risk assessment(HRA)shall be conducted to evaluate the health risks to these residential developments associated with TACs from the mobile sources traveling along the portion of 1-15 that is adjacent to the Project area. Based on the findings in the HRA,appropriate measures shall be taken, if necessary,to reduce the cancer risk resulting from TAC- exposure from 1-I5 to below 10 in one million for the maximally-exposed individual. These measures may include,but are not limited to, relocating the residential development beyond 500 feet of the freeway or implementation of appropriate Minimum Efficiency Reporting Value(MERV) filters at the residential development. b) Facts in Support of Findings Implementation of the Project could expose sensitive receptors to TACs that exceed air quality standards. However, implementation of Mitigation Measures MM-AIR-4 would reduce potential impacts to a less than significant level. C. Biological Resources I. Special Status Species, Sensitive Species,or Candidate Species The proposed Project has the potential to impact special status species within the Uptown Jefferson Specific Plan area. Development occurring as a result of the Project could result in direct and indirect impacts to special-status plants including disturbing or removing the plants or their habitat during construction.Construction equipment could introduce invasive weeds that could out-compete special status plants. All impacts to special status plants would be considered significant. Additionally, impacts to raptors and other migratory birds include direct loss of potential foraging and nesting habitat. Potential impacts to burrowing owl habitat would include loss of foraging and nesting(i.e.,burrowing)habitat. Burrowing owls present during grading and other construction related activities have the potential to be killed or displaced through burrow collapse and other impacts. A-8 Lastly, future development could result in adverse effects to vernal pools and special-status vernal pool species(fairy shrimp)that may occur in flat,open areas between the developed portions of the Project site and Murrieta Creek. a) Findings Changes or alterations have been required in or incorporated into the Project, including the mitigation measures described below,to ensure that the Project's potential impacts to special status species remain less than significant. Mitigation Measure MM-BIO-1: Prior to any ground-disturbing activities for individual development projects,pre-construction clearance surveys shall be conducted in accordance with Section 6.0 of the Multiple Species Habitat Conservation Plan(MSHCP) for special-status plant species in suitable habitat areas that will be subject to ground- disturbing activities.The surveys will be conducted in the appropriate season.All special- status plant species observed shall be marked and afforded a level of protection within 100 feet of the construction footprint,per the terms and conditions of the MSHCP.As appropriate,the special-status or habitats of concern mapping within the construction limits shall be updated.A biologist will provide verification and report through memorandum to the Western Riverside County Regional Conservation Authority(RCA) Monitoring Program Administrator. Mitigation Measure MM-B10-2: Impacts to raptors and other migratory birds shall be avoided by the implementation of one of the following measures: • All construction and ground disturbing activities shall take place outside of the raptor breeding season(February I-August 30). • If construction and ground disturbing activities are necessary during the breeding season(February I-August 30),a focused survey for active nests of raptors and migratory birds shall be conducted by a biologist(a person possessing a bachelors in science with a minimum of one year nest survey experience performing raptor surveys).The survey shall occur a maximum of 14 days prior to any construction or ground-disturbing activities. If active nest(s)(with eggs or fledglings)are identified within the project site,(CDFW for state listed species,species of special concern,and MSHCP covered species; USFWS for birds covered under the Migratory Bird Treaty Act and listed species)they shall not be disturbed until the young have hatched and fledged(matured to a state that they can leave the nest on their own). A 500-foot construction setback from any active nesting location shall be adhered to in order to avoid disturbance of the nest until the young have fledged or the nest has failed,as determined by a qualified biologist. If no active nests are identified,construction may commence. Mitigation Measure MM-BIO-3: Future development that occurs outside of land designated as Developed/Disturbed on Figure 3.3-1 of the Draft EIR,which depicts A-9 vegetation communities within the Project area,shall be surveyed by a qualified biologist (i.e., knowledgeable in burrowing owl biology) using MSHCP approved burrowing owl survey protocols within 30 days prior to construction to determine presence/absence of burrowing owl. If no burrowing owls are identified on the project site during these pre- construction surveys,no additional mitigation is necessary and construction can commence. If burrowing owl(s)are found on-site,the City and RCA will be notified.The following species-specific mitigation actions would be required if burrowing owls are found: • Since a burrowing owl is a covered species under the MSHCP,adequate conservation of the species and its habitat are achieved through participation in the MSHCP. Avoidance of the active burrow(s)is the preferred method to reduce potential impacts to burrowing owl to a less than significant level. • However, if the Project cannot avoid the active burrow(s),owls within active burrow(s)may be evicted with the use of one-way doors and passively relocated to suitable habitat with natural or artificial burrows within 100 meters of the proposed project site,as regulated by the RCA. • If eviction/passive relocation is not feasible,preparing and implementing an active translocation plan, if appropriate and approved by the RCA and CDFW that includes identifying a receptor site for the owl(s),may also be acceptable. • However, if 3 or more pairs of burrowing owls are observed on 35-plus acres of suitable habitat,onsite conservation of the habitat is required by the MSHCP in accordance with Section 6.3.2 of the MSHCP Plan. Onsite conservation of habitat will be negotiated between the project applicant and the RCA through a Determination of Biologically Equivalent or Superior Preservation(DBESP)and/or a Habitat Assessment and Negotiation Strategy(HANS)application. Mitigation Measure MM-BIO-4: The specific MSHCP conservation objectives for fairy shrimp shall be met through implementation of the Riparian/Riverine Areas and Vernal Pools Policy presented in Section 6.1.2 of the MSHCP. Prior to City approval of an individual development project located outside of land designated as Developed/Disturbed on Figure 3.3-I,an assessment of the construction footprint shall be conducted to determine whether suitable wetlands or seasonally inundated habitats (vernal pools,stock ponds,ephemeral ponds, impoundments,road ruts,or other human- modified depressions)currently exist within the construction footprint.Wetland mapping assembled as part of that policy shall be reviewed as part of the project review process and, if suitable fairy shrimp habitat is identified on the wetland maps and cannot be avoided, a single-season dry or wet season survey for fairy shrimp species shall be conducted by a qualified biologist in accordance with the sampling methods described in the 1996 USFWS Interim Survey Guidelines to Permittees for Recovery Permits under A-10 Section 10(a)(I)(A)of the Endangered Species Act for the Listed Vernal Pool Branchiopods. If survey results are positive,a certain percentage of the occupied portions of the property that provide for long-term conservation value for the fairy shrimp shall be conserved.The MSHCP provides general guidance which suggests ninety percent of the occupied portions of the site shall be conserved and ten percent of the occupied portions allowed for development under the MSHCP; however,the required conservation/impact ratio shall be determined by the RCA on a project-by-project basis. If listed branchiopods are detected, then the following restrictions and protection will be implemented to avoid or minimize impacts to the resource during construction: Seasonal Vernal Pool Work Restriction. For seasonal avoidance of special-status vernal pool branchiopods and vernal pool-dependent species(e.g.,western spadefoot toad).the contractor will not work within 250 feet of aquatic habitats suitable for these species(e.g.,vernal pools and other seasonal wetlands)from October 15 to June I (corresponding to the rainy season),or as determined through informal or formal consultation with the RCA Monitoring Program Administrator and/or USACE.Ground-disturbing activities may begin once the habitat is no longer inundated for the season. If any work remains to be completed after October 15 exclusion fencing and erosion control measures will be placed at the vernal pools(or other seasonal wetlands)by the contractor under supervision of a biologist.The fencing will act as a buffer between ground-disturbing activities and the vernal pools and other seasonal wetlands as determined through consultations with the RCA Monitoring Program Administrator,and/or USACE.The biologist will document compliance with the fencing requirement through a memorandum submitted to the RCA Monitoring Program Administrator. Implement and Monitor Vernal Pool Protection. If temporary impacts can be avoided,the vernal pool(s)will be protected by erecting exclusion fencing.The contractor, under the supervision of the project biologist, will erect and maintain the exclusion fencing. Resource agency consultations with the RCA Monitoring Program Administrator and/or USACE will occur as needed. If vernal pools and/or listed branchiopods are detected,and an avoidance alternative is not feasible,then the following measures shall be implemented: Determination of Biologically Equivalent or Superior Preservation(DBESP). In accordance with Section 6.1.2 of the MSHCP.a DBESP shall be prepared as part of an individual development project approval by the City to ensure replacement of any lost functions and values of habitat as it relates to vernal pools and listed branchiopods.The DBESP shall contain a mitigation strategy,subject to the approval of the RCA,which may contain on-site habitat creation and conservation,or off-site A-11 land acquisition in an approved mitigation bank for vernal pools and listed branchiopods;each is described below. On-site Habitat Creation. Should an avoidance alternative not be feasible,vernal pool basins and watershed shall be created on-site at a replacement ratio of 1:1, subject to the approval of the RCA. If on-site restoration is infeasible,an appropriate off-site location will be selected that exhibits the appropriate vernal pool soil conditions. The required off-site replacement ratio shall be determined by the RCA based on the specifics of the project. Vernal pool restoration sites shall be conserved in perpetuity through a conservation easement,deed restriction,or other appropriate mechanism.Specifications for the creation of habitat and a long-term monitoring program(typically five years,complete with success criteria)shall be included in the DBESP. Of-site Land Acquisition.Should both an avoidance alternative and habitat creation not be feasible,then off-site land acquisition in an approved mitigation bank for vernal pools and listed branchiopods shall be implemented at a replacement ratio of 1:1,subject to the approval of the RCA.The required replacement ratio shall be determined by the RCA on a project-by-project basis. Mitigation through off-site acquisition shall occur by purchasing vernal pool mitigation credits at the Barry Jones(aka Skunk Hollow)Wetland Mitigation Bank. Mitigation Measure MM-B10-5: Prior to any ground-disturbing activities associated with individual development projects,a biologist shall conduct a visual and acoustic survey for roosting bats according to accepted protocol.The biologist will contact the RCA Monitoring Program Administrator and/or CDFW if any hibernation roosts or active nurseries are identified within the construction footprint.The biologist will submit a memorandum documenting compliance to the RCA Monitoring Program Administrator. Bat Exclusion and Deterrence. During ground-disturbing activities, if individual or groups of bats are found within the construction footprint,the bats shall be safely excluded by either opening the roosting area to change lighting and airflow conditions,or by installing one-way doors,or other appropriate methods specified by the RCA Monitoring Program Administrator and/or CDFW.The contractor will leave the roost undisturbed by project-related activities for a minimum of one week after implementing exclusion and/or eviction activities.The contractor will not implement exclusion measures to evict bats from established maternity roosts.The biologist will submit a memorandum documenting compliance to the RCA Monitoring Program Administrator. b) Facts in Support of Findings Although, implementation of the proposed Project could result in impacts to special status species as discussed above. implementation of Mitigation Measures MM-BIO-1 A-12 through MM-BIO-S which require pre-construction and construction biological surveys. measures to protect species and habitat if they are encountered,and compliance with the MSHCP, potential impacts to special status species,sensitive species.or candidate species would be minimized to a less than significant level. 2. Impacts to Critical Habitat,Sensitive Vegetation Communities,and Jurisdictional Waters including Wetlands and Riparian Habitat The proposed Project has the potential to impact critical habitat and sensitive vegetation communities within the Jefferson Specific Plan area. a) Findings Changes or alterations have been required in,or incorporated into the Project. including the mitigation measures described below,to ensure that the Project's potential impacts to critical habitat and sensitive vegetation communities remain less than significant. Mitigation: Implement Mitigation Measures MM-B10-1 and MM-B10-4. b) Facts in Support of Findings Implementation of the Project could result in impacts to vernal pool resources in undeveloped portions of the Project area or could affect areas of wetland habitat that exist within the Project boundaries. However,implementation of Mitigation Measures MM- B10-1 and MM-B10-4 which require biological surveys and MSHCP vernal pool protection implementation measures would minimize potential impacts to a less than significant level. D. Cultural Resources(Archaeological and Paleontological) Impacts to Archaeological Resources The proposed Project has the potential to impact archaeological resources located within the Uptown Jefferson Specific Plan area.The records search indicated that a total of nine archaeological resources are located within one mile of the Project area.Three(CA-RIV-644. -717,and-1727H)are located within the Project area.Two of these resources(CA-RIV-644 and-717)are prehistoric archaeological sites,and one(CA-RIV-1727H) is a historic-period archaeological site.None have been evaluated for their eligibility for listing in the California Register or local historic register.Therefore,the Project area has moderate to high potential for significant impacts to archaeological resources. a) Findings A-13 Changes or alterations have been required in,or incorporated into the Project, including the mitigation measure described below,to ensure that the Project's potential impacts to archaeological resources remain less than significant. Mitigation Measure MM-CUL-I: Individual development projects or other ground disturbing activities such as installation of utilities, shall be subject to a Phase 1 cultural resources inventory on a project-specific basis prior to the City's approval of project plans.The study shall be carried out by a qualified archaeologist,defined as an archaeologist meeting the Secretary of the Interior's Standards for professional archaeology,and shall be conducted in consultation with the Pechanga Band of Luiset o Indians.The cultural resources inventory would consist of:a cultural resources records search to be conducted at the Eastern Information Center;scoping with the Native American Heritage Commission(NAHC)and with interested Native Americans identified by the NAHC;a pedestrian archaeological survey where deemed appropriate by the archaeologist;and recordation of all identified archaeological resources on California Department of Parks and Recreation 523 forms. If potentially significant cultural resources are encountered during the survey,the City shall require that the resources are evaluated for their eligibility for listing in the California Register of Historical Resources and for significance as a historical resource or unique archaeological resource per CEQA Guidelines Section 15064.5. Recommendations shall be made for treatment of these resources if found to be significant, in consultation with the City and the Pechanga Band of Luiseno Indians. Per CEQA Guidelines Section 15126.4(b)(3),project redesign and preservation in place shall be the preferred means of mitigation to avoid impacts to significant cultural resources, including prehistoric and historic archaeological sites, locations of importance to Native Americans, human remains,historical buildings,structures and landscapes.Methods of avoidance may include,but shall not be limited to,project re-route or re-design,project cancellation,or identification of protection measures such as capping or fencing. Consistent with CEQA Guidelines Section 15126.4(bX3)(C), if it is demonstrated that resources cannot be avoided, the qualified archaeologist shall develop additional treatment measures,which may include data recovery or other appropriate measures, in consultation with the City and the Pechanga Band of Luisefo Indians.The City shall conduct consultation with the Pechanga Band of Luise () Indians on a project-specific basis. In addition,the project proponent shall retain archaeological monitors and Native American monitors from the Pechanga Band of Luiser o Indians during ground- disturbing activities that have the potential to impact significant cultural resources as determined by a qualified archaeologist in consultation with the City. During project-level construction,should prehistoric or historic subsurface cultural resources be discovered,all activity in the vicinity of the find shall stop and a qualified archaeologist, in consultation with the Pechanga Band of Luisefo Indians, will be contacted to assess the significance of the find according to CEQA Guidelines Section A-14 15064.5. If any find is determined to be significant,the archaeologist shall determine, in consultation with the City and the Pechanga Band of Luise ()Indians,appropriate avoidance measures or other appropriate mitigation. Per CEQA Guidelines Section 15126.4(b)(3),project redesign and preservation in place shall be the preferred means to avoid impacts to significant cultural resources. Methods of avoidance may include,but shall not be limited to,project re-route or re-design,project cancellation,or identification of protection measures such as capping or fencing.Consistent with CEQA Guidelines Section 15 I 26.4(b)(3XC),if it is demonstrated that resources cannot be avoided,the qualified archaeologist shall develop additional treatment measures in consultation with the City,which may include data recovery or other appropriate measures, in consultation with the Pechanga Band of LuiseSo Indians. All significant cultural materials recovered will be,as necessary and at the discretion of the consulting archaeologist and in consultation with the Pechanga Band of Luiser o Indians.and any other local Native American groups expressing interest,subject to scientific analysis, professional museum curation.and documentation according to current professional standards. Mitigation Measure MM-CUL-2: Project-level development involving ground disturb