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032321 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 COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MARCH 23, 2021- 7:00 PM IMPORTANT NOTICE REGARDING THIS MEETING This meeting is being conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20, dated March 17, 2020, regarding the COVID-19 pandemic. In accordance with the order, the public may not view the meeting in -person in the Council Chamber. The live stream of the meeting may be viewed on television and/or online. Details can be found at temeculaca.gov/tv. Submission of Public Comments: For those wishing to make public comments at the meeting, please submit your comments by email to be read aloud into the record at the meeting by the City Clerk. Email comments must be submitted to randi.johl@temeculaca.gov. Email comments on matters not on the agenda must be received prior to the time the item for Public Comments is called. Email comments on agenda items must be received prior to the time Public Comments for the agenda item is called. Email comments on public hearing items must be received prior to the time the public hearing is opened to hear public comments. All email comments shall be subject to the same rules as would otherwise govern public comments at an in -person meeting. Public Comments for this meeting may only be submitted via email. Comments via text and social media will not be accepted. Reading of Public Comments: The City Clerk shall read all email comments, provided that the reading shall not exceed three (3) minutes, or such other time as the Council may provide, consistent with the time limit for speakers at an in -person Council meeting. The email comments shall become part of the meeting record. CALL TO ORDER: Mayor Maryann Edwards INVOCATION: TBD FLAG SALUTE: Mayor Maryann Edwards ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart PRESENTATIONS/PROCLAMATIONS Presentation of Healthcare Worker Appreciation Day Proclamation to Darlene Wetton of Temecula Valley Hospital Page 1 City Council Agenda March 23, 2021 Presentation by Daniel Soltero of Western Riverside Council of Governments Regarding Southern California Edison Rebates BOARD AND COMMISSION REPORTS Old Town Local Review Board, Planning Commission, and Race, Equity, Diversity and Inclusion Commission PUBLIC SAFETY REPORT Riverside County Sheriffs Department ANNUAL JOINT MEETING - CITY COUNCIL / PUBLIC TRAFFIC SAFETY COMMISSION Conduct the annual joint meeting between the City Council and the Public/Traffic Safety Commission and receive presentation regarding the same. PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to address the City Council on items that appear on the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. For all Public Hearing or Business items on the agenda, each speaker is limited to five minutes. For this meeting, public comments may be submitted and read into the record pursuant to the important notice provided at the top of this agenda. 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, ten minutes will be devoted to these reports. CONSENT CALENDAR 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: 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. Attachments: Agenda Report 2. Approve Action Minutes of March 9, 2021 Recommendation: That the City Council approve the action minutes of March 9, 2021. Attachments: Action Minutes Page 2 City Council Agenda March 23, 2021 3. 4. 5. 6. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: Attachments RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Agenda Report Resolution List of Demands Approve City Treasurer's Report as of January 31, 2021 Recommendation: That the City Council approve and file the City Treasurer's Report as of January 31, 2021. Attachments: Agenda Report Treasurer's Report Extend Terms of Board and Commission Members to Alien with Calendar Year Service Recommendation: That the City Council extend the terms of six board and commission members whose terms are currently on a fiscal year to align with calendar year service. Attachments: Agenda Report Approve Fourth Amendment to Lease Agreement Between City of Temecula and Temecula Valley Convention & Visitors Bureau DBA Visit Temecula Valley Recommendation Attachments: That the City Council approve the fourth amendment to the lease agreement between the City of Temecula and the Temecula Valley Convention & Visitors Bureau DBA Visit Temecula Valley (VTV) and authorize the Assistant City Manager to execute the amendment. Agenda Report Amendment 7. Approve the First Amendment to the Disposition and Development Agreement with Alitra. LLC for the Disposition of Property Located on the NE Corner of Rancho California Road and Diaz Road (APN: 951-021-089) and a Portion of Diaz Road Recommendation: That the City Council approve the first Amendment to the Disposition and Development Agreement (DDA) with Alitra, LLC for the disposition and hotel development of the property located on the NE corner of Rancho California Road and Diaz Road (APN: 951-021-089) and a portion of Page 3 City Council Agenda March 23, 2021 Diaz Road (Old Alignment). Attachments: Agenda Report Agreement Amendment 8. Approve the Plans and Specifications and Authorize Solicitation of Construction Bids for the Pedestrian Signal Equipment Upgrade - Citywide Project, PW 19-10 Recommendation: That the City Council: 1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Pedestrian Signal Equipment Upgrade - Citywide Project, PW 19-10; and 2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Attachments: Agenda Report Project Description Project Location Map 9. Approve as to Form the Amended and Restated Agreement with Western Riverside Council of Governments (WRCOG) to Reimburse TUMF Funds for the French Valley Parkwa. / Overcrossing and Interchange Project, Agreement No. 06-SW-TEM-1079 Recommendation: That the City Council approve as to form the Amended and Restated Agreement with Western Riverside Council of Governments (WRCOG) to Reimburse TUMF Funds for the French Valley Parkway/I-15 Overcrossing and Interchange Project, Agreement No. 06-SW-TEM-1079, and authorize the City Manager to execute the agreement. Attachments: Agenda Report Amended and Restated Agreement 10. Award the Construction Contract to Leonida Builders, Inc. for the Santa Gertrudis Pedestrian/Bicycle Trail Extension and Interconnect Project, PW08-04 Recommendation: That the City Council: 1. Award the construction contract to Leonida Builders, Inc. in the amount of $3,978,626.25, for the Santa Gertrudis Pedestrian/Bicycle Trail Extension and Interconnect Project, PW08-04; and 2. Authorize the City Manager to approve change orders up to 10% of the agreement amount, $397,862.63; and Page 4 City Council Agenda March 23, 2021 3. Authorize payment of $18,938.94 to the Regional Conservation Authority (RCA) for the project Multiple Species Habitat Conservation Plan (MSHCP) fee. Attachments: Agenda Report Contract Project Description and Budget Sheet Project Location Map 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/OR THE TEMECULA PUBLIC FINANCING AUTHORITY Page 5 City Council Agenda March 23, 2021 TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President Zak Schwank ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart 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 on the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. For all Public Hearing or Business items on the agenda, each speaker is limited to five minutes. For this meeting, public comments may be submitted and read into the record pursuant to the important notice provided at the top of this agenda. CSD CONSENT CALENDAR 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 Action Minutes of March 9, 2021 Recommendation Attachments That the Board of Directors approve the action minutes of March 9, 2021. Action Minutes CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTOR REPORTS CSD ADJOURNMENT The next regular meeting of the Temecula Community Services District will be held on Tuesday, April 13, 2021, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 6 City Council Agenda March 23, 2021 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY CALL TO ORDER: Chair Maryann Edwards ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart SARDA PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. For all Public Hearing or Business items on the agenda, each speaker is limited to five minutes. For this meeting, public comments may be submitted and read into the record pursuant to the important notice provided at the top of this agenda. SARDA CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Successor Agency to the Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. 12. Approve Action Minutes of March 9, 2021 Recommendation: That the Board of Directors approve the action minutes of March 9, 2021. Attachments: Action Minutes SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTORS REPORTS SARDA ADJOURNMENT The next regular meeting of the Successor Agency to the Redevelopment Agency will be held on Tuesday, April 13, 2021, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 7 City Council Agenda March 23, 2021 TEMECULA HOUSING AUTHORITY - NO MEETING TEMECULA PUBLIC FINANCING AUTHORITY - NO MEETING RECONVENE TEMECULA CITY COUNCIL BUSINESS 13. Receive and File One -Year Short -Term Rental Enforcement Update and Provide Direction on Continued Enforcement Recommendation: That the City Council receive and file an update on the one-year short-term rental enforcement program and to provide direction on continued enforcement. Attachments: Agenda Report 14. Discuss In Person and Virtual Meeting Attendance Options at City Council Meetings (At the Request of Council Member Alexander) Recommendation: That the City Council discuss in person and virtual meeting attendance options for the Council and public at City Council meetings and provide direction regarding the same. Attachments: Agenda Report DEPARTMENTAL REPORTS 15. Community Development Department Monthly Report Attachments: Agenda Report Planning Activity Report 16. Fire Department Monthly Report Attachments: Agenda Report Monthly Report 17. Police Department Monthly Report Attachments: Agenda Report 18. Public Works Department Monthly Report Attachments: Agenda Report Project Status Report Page 8 City Council Agenda March 23, 2021 CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT The next regular meeting of the City Council will be held on Tuesday, April 13, 2021, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The full agenda packet (including staff reports, public closed session information, and any supplemental material available after the original posting of the agenda), distributed to a majority of the City Council regarding any item on the agenda, will be available for public viewing online at temeculaca.gov at least 72 hours prior to the meeting. If you have questions regarding any item on the agenda, please contact the City Clerk's Department at (951) 694 6444. Page 9 Item No. 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: March 23, 2021 SUBJECT: Waive Reading of Standard Ordinances and Resolutions PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. Unless otherwise required, the full reading of the text of standard ordinances and resolutions is waived. FISCAL IMPACT: None ATTACHMENTS: None Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MARCH 9, 2021 - 7:00 PM IMPORTANT NOTICE REGARDING THIS MEETING This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20, dated March 17, 2020, regarding the COVID-19 pandemic. In accordance with the order, the public may not view the meeting in -person in the Council Chamber. The live stream of the meeting may be viewed on television and/or online. Details can be found at temeculaca.gov/tv. Submission of Public Comments: For those wishing to make public comments at the meeting, please submit your comments by email to be read aloud into the record at the meeting by the City Clerk. Email comments must be submitted to randi.johl@temeculaca.gov. Email comments on matters not on the agenda must be received prior to the time the item for Public Comments is called. Email comments on agenda items must be received prior to the time Public Comments for the agenda item is called. Email comments on public hearing items must be received prior to the time the public hearing is opened to hear public comments. All email comments shall be subject to the same rules as would otherwise govern public comments at an in -person meeting. Public Comments for this meeting may only be submitted via email. Comments via text and social media will not be accepted. Reading of Public Comments: The City Clerk shall read all email comments, provided that the reading shall not exceed three (3) minutes, or such other time as the Council may provide, consistent with the time limit for speakers at an in -person Council meeting. The email comments shall become part of the meeting record. CALL TO ORDER at 7:03 PM: Mayor Maryann Edwards INVOCATION: Sylvester Scott of Temecula Baha'i Community FLAG SALUTE: Mayor Maryann Edwards ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart PRESENTATIONS/PROCLAMATIONS Community Update from Superintendent Jodi McClay of Temecula Valley Unified School District BOARD AND COMMISSION REPORTS Community Services Commission, Planning Commission, Public/Traffic Safety Commission PUBLIC SAFETY REPORT California Department of Forestry and Fire Protection (CAL FIRE) PUBLIC COMMENTS The following individual(s) submitted an electronic comment on non-agendized item(s): • Bryan Love Dale Borgeson • Patrick Ellis Cecilie Nelson • PJ in Temecula Edward Dool The following individual(s) submitted an electronic comment on an agendized item(s): • Martha Howard (Item 6) • Laurel LaMont (Item 14) • Bob Kowell (Items 7, 14) • Lacey Lewis (Item 14) • Karen Raymond (Item 14) • Susan Pierce (Item 14) • Alicia Kelley (Item 14) • Sarah Peyton (Item 14) • Wayne Mugar (Item 14) • Jennifer Cornelius (Item 14) • Moira Johnson (Item 14) Tammy Acme (Item 14) • Rick Reiss (Item 14) • Jay Viray (Item 14) • Dario Bianchi (Item 14) • Karyn Finley (Item 14) • Brian and Christine ONeill (Item 14) Mary Ames (Item 14) • Jonnie Estes (Item 14) Melissa Bourbonnais (Item 14) CITY COUNCIL REPORTS ANNUAL JOINT MEETING - CITY COUNCIL / PLANNING COMMISSION Conducted the annual joint meeting between the City Council and the Planning Commission and receive presentation regarding the same. CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Rahn. The vote reflected unanimous approval. 1. Waive Reading of Standard Ordinances and Resolutions 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. 2. Approve Action Minutes of February 23, 2021 Recommendation: That the City Council approve the action minutes of February 23, 2021. 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2021-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4. Accept the Donation of Vehicles for the Police Volunteer Prograin Recommendation: That the City Council authorize the City Manager to accept the donation of two vehicles to be utilized by the Police Department's Community Action Patrol volunteers and waive the condition of the Corporate Sponsorship Policy requiring that 50% of any and all funds collected under this policy be allocated to the City's Community Service Funding account for allocation to local non-profit organizations. 5. Approve the Extension of Joint Use Agreement with the Temecula Valley Unified School District for Temecula Elementary School Recommendation: That the City Council approve the sixth amendment to the agreement between the City of Temecula and the Temecula Valley Unified School District for joint use of a portion of Temecula Elementary School. Approved the Staff Recommendation (4-0, Edward abstained): Motion by Stewart, Second by Rahn. The vote reflected unanimous approval with Edwards abstaining. Mayor Edwards abstained on Item 5 due to her employment with the Temecula Valley Unified School District. Mayor Edwards performs diverse work for the school district and her work may involve one of the facilities subject to the agreement identified in Item 5. As the item was not pulled off the Consent Calendar, Mayor Edwards remained in the meeting and presided over the Consent Calendar. Mayor Edwards abstention on Item 5 was noted in the roll call vote approving the Consent Calendar. 6. Approve Design Build Agreement and General Conditions with De La Secura Builders, Inc. for the Margarita Recreation Center, Project No. PW17-21 Recommendation: That the City Council: 1. Approve the Design Build Agreement and General Conditions with De La Secura Builders, Inc. with a Guaranteed Maximum Price (GMP) amount of $8,680,459.00, for the Margarita Recreation Center Project, PW 17-21; and 2. Authorize the City Manager to approve change orders up to 1.4% of the agreement amount, $120,000.00. 7. Approve the Plans and Specifications and Authorize Solicitation of Construction Bids for the Fiber Optic Communication System Upgrade Project, PW18-05 Recommendation: That the City Council: 8. 1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Fiber Optic Communication System Upgrade Project, PW18-05; and 2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Approve the First Amendment to the Minor Maintenance Agreement with Rene B. Martinez, Sr. dba Rene's Commercial Management for Homeless Encampment Cleanup Services Recommendation: That the City Council approve the first amendment to the agreement for minor maintenance services with Rene B. Martinez, Sr. dba Rene's Commercial Management, in the amount of $200,000 for homeless encampment cleanup services. 9. Accept Improvements and File the Notice of Completion for Pechanga Parkway Environmental Mitigation Project, PW11-01 Recommendation: That the City Council: Accept the construction of Pechanga Parkway Environmental Mitigation Project, PW11-01, as complete; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. 10. Accept Improvements and File the Notice of Completion for the Citywide Slurry Seal Program - Fiscal Year 2019-20, PW 19-12 Recommendation: That the City Council: 1. Accept the construction of the Citywide Slurry Seal Program - Fiscal Year 2019-20, PW19-12, as complete; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a three-year Maintenance Bond in the amount of 10% of the final contract amount; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. RECESS: At 8:18 PM, the City Council recessed and convened as the Temecula Community Services District Meeting, the Joint Successor Agency to the Temecula Redevelopment Agency/City Council meeting, and the Temecula Public Financing Authority. At 8:23 PM the City Council resumed with the remainder of the City Council Agenda. JOINT MEETING - SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY / CITY COUNCIL CALL TO ORDER at 8:20 PM: Chair Maryann Edwards ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart SARDA PUBLIC COMMENTS - None SARDA / COUNCIL CONSENT 12. Approve the Eighth Amendment to the Disposition and Development Agreement for the Town Square Marketplace Development Between the Successor Agency to the Temecula Redevelopment Agency, the City of Temecula, and Town Square Marketplace Old Town, LLC (APN Nos. 922-360-004, 005, 006, 007) Recommendation: That the City Council and Successor Agency to the Temecula Redevelopment Agency adopt resolutions entitled: RESOLUTION NO. 2021-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE EIGHTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF TEMECULA, SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, AND TOWN SQUARE MARKETPLACE OLD TOWN, LLC CONVEYING APPROXIMATELY ONE ACRE OF PROPERTY LOCATED ON MAIN STREET WEST OF MERCEDES STREET RESOLUTION NO. SARDA 2021-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE EIGHTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF TEMECULA, SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, AND TOWN SQUARE MARKETPLACE OLD TOWN, LLC CONVEYING APPROXIMATELY ONE ACRE OF PROPERTY LOCATED ON MAIN STREET WEST OF MERCEDES STREET 5 SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTOR REPORTS SARDA ADJOURNMENT At 8:22 PM, the Joint Successor Agency to the Redevelopment Agency/City Council meeting was formally adjourned to Tuesday, March 23, 2021, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. RECONVENE TEMECULA CITY COUNCIL BUSINESS 14. Receive Presentation on the History, Current Efforts and Future Opportunities and Requirements Re _ a�g Affordable Housing Within the City of Temecula Recommendation: That the City Council receive and file staffs presentation on the history, current efforts and future opportunities and requirements regarding affordable housing within the City of Temecula. Receive and file only, no actions. CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT At 10:57 PM, the City Council meeting was formally adjourned to Tuesday, March 23, 2021, at 5:30 PM for Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Maryann Edwards, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Item No. 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: March 23, 2021 SUBJECT: Approve the List of Demands PREPARED BY: Jada Shafe, Accounting Technician II RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2021- 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.2021- 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 $8,635,567.01. 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 23rd day of March, 2021. Maryann Edwards, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2021- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23rd day of March, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk CITY OF TEMECULA LIST OF DEMANDS 02/25/2021 TOTAL CHECK RUN: 03/04/2021 TOTAL CHECK RUN: 03/04/2021 TOTAL PAYROLL RUN: $ 4,858,564.39 3,227,635.12 549,367.50 TOTAL LIST OF DEMANDS FOR 3/23/2021 COUNCIL MEETING: $ 8,635,567.01 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 2,955,020.75 125 PEG PUBLIC EDUCATION & GOVERNMENT 349.00 140 COMMUNITY DEV BLOCK GRANT 5,245.08 165 AFFORDABLE HOUSING 3,492.42 170 MEASURE A FUND 167,845.00 190 TEMECULA COMMUNITY SERVICES DISTRICT 153,763.48 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 782.25 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 11,371.18 197 TEMECULA LIBRARY FUND 10,961.61 210 CAPITAL IMPROV PROJ FUND 237,077.92 300 INSURANCE FUND 5,173.32 305 WORKERS' COMPENSATION 48,132.36 320 INFORMATION SYSTEMS 48,097.66 330 SUPPORT SERVICES 6,538.11 340 FACILITIES 39,126.38 350 FACILITY REPLACEMENT FUND 12,170.00 472 CFD 01-2 HARVESTONA&B DEBT SERVICE 548,029.89 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 411,463.37 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 126.13 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 1,007,055.78 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 163,280.36 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 379,412.13 478 CFD 16-01 RORIPAUGH PHASE II 1,772,666.55 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 2,490.06 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 1,970.10 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLAND 1,792.37 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 351.72 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 3,668.43 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 1,178.07 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 746.76 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 7,117.56 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 155.89 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 475.36 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 100.09 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 4,542.18 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP 1,251.93 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 763.66 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 537.26 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 1,166.15 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 106.89 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 4,950.84 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 2,696.09 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 13,160.35 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 11,478.04 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 199.97 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 593.92 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 12,112.83 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 2,168.59 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 96.40 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 450.26 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 10,413.32 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 128.69 700 CERBT CALIFORNIA EE RETIREE-GASB45 12,155.00 8,086,199.51 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 299,809.49 140 COMMUNITY DEV BLOCK GRANT 475.34 165 AFFORDABLE HOUSING 3,330.62 190 TEMECULA COMMUNITY SERVICES DISTRICT 120,843.99 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,313.97 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 530.66 197 TEMECULA LIBRARY FUND 2,584.72 300 INSURANCE FUND 1,734.66 305 WORKERS' COMPENSATION 1,451.53 320 INFORMATION TECHNOLOGY 36,167.80 330 SUPPORT SERVICES 3,250.08 340 FACILITIES 7,397.07 472 CFD 01-2 HARVESTONA&B DEBT SERVICE 104.87 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 104.81 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 104.81 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 131.57 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 104.81 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 158.33 478 CFD 16-01 RORIPAUGH PHASE II 104.79 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 0.06 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 0.57 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 0.57 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 0.57 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 0.57 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 0.57 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 0.06 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 263.24 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 0.06 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 0.57 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 0.06 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 131.62 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 13.22 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 0.06 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 0.06 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 13.22 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 0.06 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 78.98 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 110.56 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 263.24 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 500.20 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 0.06 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 0.78 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 210.61 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 26.32 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 0.06 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 0.57 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 526.43 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 0.06 700 CERBT CALIFORNIA EE RETIREE-GASB45 67,520.57 549,367.50 TOTAL BY FUND: $ 8,635,567.01 apChkLst Final Check List Page: 1 02/22/2021 4:19:36PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor Description 500203 2/25/2021 004802 ADLERHORST INTERNATIONAL JAN K9 TRAINING: KING/MUSHINSKIE: LLC POLICE 500204 2/25/2021 013015 ALWAYS RELIABLE BACKFLOW TEST:TEMECULA PKWY BACKFLOW, AKA NANETTE MEDIAN SEMAN 500205 2/25/2021 002187 ANIMAL FRIENDS OF THE FY20/21 COMMUNITY SRVC FUNDING VALLEYS 500206 2/25/2021 013950 AQUA CHILL OF SAN DIEGO FEB DRINKING WTR SYS MAINT: CIVIC CTR FEB DRINKING WTR SYS MAINT: AQUATI FEB DRINKING WTR SYS MAINT: POLICE FEB DRINKING WTR SYS MAINT: MPSC FEB DRINKING WTR SYS MAINT: PW FEB DRINKING WTR SYS MAINT: THEATE FEB DRINKING WTR SYS MAINT: JRC FEB DRINKING WTR SYS MAINT: INFO TI FEB DRINKING WTR SYS MAINT: TCC FEB DRINKING WTR SYS MAINT: FOC FEB DRINKING WTR SYS MAINT: TPL FEB DRINKING WTR SYS MAINT: TVM 500207 2/25/2021 018941 AZTEC LANDSCAPING INC JAN MAINT SVCS: PARKS/SCHOOLS PW 500208 2/25/2021 018408 BOB CALLAHAN'S POOL FEB POOL MAINT SVC: PW SERVICE FEB FOUNTAIN MAINT SVC: PW 500209 2/25/2021 017542 COX, KRISTI LYN TCSD INSTRUCTOR EARNINGS 500210 2/25/2021 010650 CRAFTSMEN PLUMBING & TOMBSTONE WATER BIBS: CRC POOL HVAC INC PLUMBING REPAIR: CIVIC CTR PLUMBING REPAIRS: CIVIC CTR MISC WORK/REPAIRS: TPL 500211 2/25/2021 020648 DG INVESTMENT HOLDINGS 2 maint & repair of security system:info INC, CONVERGINT TECHNOLOGIES 500212 2/25/2021 003945 DIAMOND ENVIRONMENTAL PORTABLE RESTROOM: VAIL RANCH SRVCS PARK PORTABLE RESTROOM: LONG PARK CA PORTABLE RESTROOM: RIVERTON PAR PORTABLE RESTROOM: LA SERENA WA Amount Paid Check Total 350.00 350.00 27.00 27.00 5,000.00 5,000.00 183.71 67.34 56.57 34.75 28.28 28.28 28.28 28.28 28.28 28.28 28.28 28.28 568.61 9,102.36 9,102.36 1,100.00 950.00 2,050.00 117.60 117.60 7,350.00 1,185.00 758.82 140.00 9,433.82 810.00 810.00 165.88 110.88 110.88 110.88 498.52 Page:1 apChkLst 02/22/2021 4:19:36PM Final Check List CITY OF TEMECULA Page: 2 Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 500213 2/25/2021 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: STREET 1,287.90 MAINT: PW FUEL FOR CITY VEHICLES: PARK MAINT 1,281.73 FUEL FOR CITY VEHICLES: TRAFFIC DIV 355.89 FUEL FOR CITY VEHICLES: BLDG INSPE 251.26 FUEL FOR CITY VEHICLES: PW CIP 250.48 FUEL FOR CITY VEHICLES: FIRE DEPT 138.54 FUEL FOR CITY VEHICLES: CODE ENFOI 66.76 FUEL FOR CITY VEHICLES: LAND DEV: P 50.68 FUEL FOR CITY VEHICLES: CITY MGR 40.83 FUEL FOR CITY VEHICLES: POLICE DEP 16.95 3,741.02 500214 2/25/2021 015966 ERGO SOLUTION INC ERGO EVAL & REPORT: WOOD, 250.00 250.00 RANDY 500215 2/25/2021 001056 EXCEL LANDSCAPE INC IRRIGATION REPAIRS: HARVESTON 1,661.48 1,661.48 SLOPE 500216 2/25/2021 017135 FOX, STACY REIMB: STREET TREE SEMINAR: PW 75.00 75.00 500217 2/25/2021 014865 FREIZE UHLER KIMBERLY DBA, INSULATED COOLER TOTES: HR 1,806.95 1,806.95 CLEAR BLUE PROMOTIONS 500218 2/25/2021 000177 GLENNIES OFFICE PRODUCTS EMERGENCY SUPPLIES: COVID-19 90.70 INC MISC OFC SUPPLIES: PLANNING 72.35 MISC OFC SUPPLIES: PLANNING 47.74 210.79 500219 2/25/2021 006914 INNOVATIVE DOCUMENT JAN COPIER MAINT/USAGE/REPAIR: 1,354.79 SOLUTIONS CITYWIDE JAN COPIER MAINT/USAGE/REPAIR: CIT 133.64 1,488.43 500220 2/25/2021 012883 JACOB'S HOUSE INC FY 20/21 COMMUNITY SVC FUNDING 5,000.00 5,000.00 500221 2/25/2021 012285 JOHNSTONE SUPPLY MISC SUPPLIES: CIVIC CTR 619.40 MISC SUPPLIES: CIVIC CTR 21.36 640.76 500222 2/25/2021 004951 MIKE'S PRECISION WELDING SECURITY SCREEN: OLD TOWN 525.00 525.00 INC THEATER 500223 2/25/2021 013827 MIKO MOUNTAINLION INC REPAIR/CLEAN: LONG CANYON SILT 48,450.00 BASIN EMERGENCY REPAIRS: NORTH GATE 2,000.00 50,450.00 500224 2/25/2021 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: PARKS 217.54 217.54 INC 500225 2/25/2021 004040 MORAMARCO ANTHONY J, STUDENT ART MURAL PROJECT: TVM / 3,000.00 DBA BIGFOOT GRAPHICS TCSD GRAPHICS FOR MUSEUM ART EVENTS: 400.00 3,400.00 Paget apChkLst Final Check List Page: 3 02/22/2021 4:19:36PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 500226 2/25/2021 014173 NPG INC DBA, GOLDSTAR ASPHALT PRODUCTS 500227 2/25/2021 002412 RICHARDS WATSON AND GERSHON 500228 2/25/2021 004274 SAFE AND SECURE LOCKSMITH SRVC 500229 2/25/2021 009746 SIGNS BY TOMORROW 500230 2/25/2021 014866 TWM ROOFING, INC 500231 2/25/2021 009194 VILLAGE NEWS, INC (Continued) Description Amount Paid Check Total MILL & OVERLAY 3" OF ROAD: YNEZ 128,035.00 RD MILL & OVERLAY 3" OF ROAD: YNEZ RD 39,810.00 167,845.00 DEC 2020 LEGAL SERVICES 484.50 484.50 LOCKSMITH SRVCS: PARKS 37.86 37.86 JAN SIGN POSTING PA20-0724: PLNG 213.75 213.75 PREVENTIVE ROOF MAINT: CITY FACS 26,640.00 26,640.00 JAN COVID-19 ADS: CITY MRG OFC 3,300.00 3,300.00 Grand total for EFT UNION BANK: 295,945.99 Page:3 apChkLst Final Check List Page: 4 02/22/2021 4:19:36PM CITY OF TEMECULA 29 checks in this report. Grand Total All Checks: 295,945.99 Page:4 apChkLst Final Check List Page: 1 02/25/2021 10:07:47AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor Description 10520 2/19/2021 000262 RANCHO CALIF WATER VARIOUS JAN WATER 3026656 31367 DISTRICT LA 10529 2/9/2021 006887 UNION BANK OF CALIFORNIA 001264 COSTCO TEMECULA 491 JC SYMPATHY FLOWERS: FIRE DEPT 10535 2/9/2021 006887 UNION BANK OF CALIFORNIA 000210 LEAGUE OF CALIF CITIES AA VIRTUAL CONF REGIST FEE: ALEXANDER, 022181 RE -OPEN CAL NOW AA REGIST/HOTEL: ALEXANDER, J. 000210 LEAGUE OF CALIF CITIES AA VIRTUAL CONF REGIST FEE: LOWREY, B. 10536 2/9/2021 006887 UNION BANK OF CALIFORNIA 005805 URISA MH MEMBERSHIP RENEWAL: MATTHEWS, A 021081 DIGICERT INC MH GEOTRUST WILDCARD RENEWAL: INFO TECH 022188 STORYBLOCKS MH ANNUAL MEMBERSHIP: INFO TECH 008567 GODADDY.COM INC. MH DOMAIN RENEWAL: INFO TECH 10565 2/17/2021 018858 FRONTIER CALIFORNIA INC FEB INTERNET SVCS- EOC 10567 2/18/2021 018858 FRONTIER CALIFORNIA INC FEB INTERNET SVCS- LIBRARY 10568 2/18/2021 018858 FRONTIER CALIFORNIA INC FEB INTERNETS SVCS- LIBRARY 10569 2/18/2021 002390 EASTERN MUNICIPAL WATER JAN WATER SVCS STA95 32131 S DIST LOOP RD 10570 2/18/2021 002390 EASTERN MUNICIPAL WATER JAN WATER SVCS MURRIETA HOT DIST SPRINGS 10571 2/18/2021 002390 EASTERN MUNICIPAL WATER JAN WATER SVCS- 31991 RORIPAUGH DIST VALLEY 10572 2/18/2021 002390 EASTERN MUNICIPAL WATER JAN WATER SVCS 39656 DIEGO DR DIST 10573 2/18/2021 002390 EASTERN MUNICIPAL WATER JAN WATER SVCS STA95 32131 S DIST LOOP RD 10574 2/18/2021 002390 EASTERN MUNICIPAL WATER JAN WATER SVCS- 31991 RORIPAUGH DIST VALLEY Amount Paid Check Total 7.184.92 7.184.92 42.89 42.89 250.00 595.00 325.00 1.170.00 195.00 1,369.50 349.00 199.70 2,113.20 158.19 158.19 5.31 5.31 5.31 5.31 45.92 45.92 53.12 53.12 85.28 85.28 98.00 98.00 176.64 176.64 248.80 248.80 Page:1 apChkLst 02/25/2021 10:07:47AM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 10575 2/18/2021 010276 TIME WARNER CABLE FEB INTERNET SVCS- 28816 PUJOL ST 598.64 598.64 10576 2/19/2021 000537 SO CALIF EDISON JAN 2-29-974-7899 26953 YNEZ RD 190.61 190.61 10577 2/19/2021 010276 TIME WARNER CABLE FEB INTERNET SVCS- STA95 32131 S 239.66 239.66 LOOP 10578 2/19/2021 000537 SO CALIF EDISON JAN 2-30-608-9384 28582 HARVESTON 680.95 680.95 DR 10579 2/17/2021 005460 U S BANK SS1 REMITTANCE 4,281,059.07 4,281,059.07 10580 2/22/2021 000537 SO CALIF EDISON JAN 2-29-223-9571 30395 MURRIETA 27.58 27.58 HOT SPR 10581 2/22/2021 000537 SO CALIF EDISON JAN 2-33-237-4818 30499 RANCHO CAL 103.45 103.45 RD 10582 2/22/2021 000537 SO CALIF EDISON JAN 2-29-974-7568 26953 YNEZ RD 107.75 107.75 10583 2/22/2021 000537 SO CALIF EDISON JAN 2-31-419-2659 26706 YNEZ RD 130.16 130.16 10584 2/22/2021 000537 SO CALIF EDISON JAN 2-41-578-1897 32005 MURRIETA 136.87 136.87 HOT SPR 10585 2/22/2021 010276 TIME WARNER CABLE FEB INTERNET SVCS- 41000 MAIN ST 264.40 264.40 10586 2/22/2021 000537 SO CALIF EDISON JAN 2-31-693-9784 26036 YNEZ RD 363.96 363.96 10587 2/22/2021 000537 SO CALIF EDISON JAN 2-28-171-2620 40820 WINCHESTER 459.94 459.94 RD 10588 2/22/2021 000537 SO CALIF EDISON JAN 2-26-887-0789 40233 VILLAGE RD 1,744.88 1,744.88 10589 2/22/2021 000537 SO CALIF EDISON JAN 2-00-397-5059 33340 CAMINO 6,569.58 6,569.58 PIEDRA 10590 2/18/2021 018098 ELITE CLAIMS MANAGEMENT ADD'L SIR FOR WOKERS COMP 40,000.00 40,000.00 INC INSURANCE 10591 2/23/2021 000537 SO CALIF EDISON JAN 2-30-099-3847 29721 RYECREST 13.04 13.04 Paget apChkLst Final Check List Page: 3 02/25/2021 10:07:47AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 10592 2/23/2021 002390 EASTERN MUNICIPAL WATER JAN WATER SVCS- MURRIETA HOT DIST SPRINGS 10593 2/23/2021 002390 EASTERN MUNICIPAL WATER JAN WATER SVCS STA95 32131 S DIST LOOP RD 10594 2/23/2021 018858 FRONTIER CALIFORNIA INC FEB INTERNET SVCS- CHILDREN'S MUSEUM 10595 2/23/2021 002390 EASTERN MUNICIPAL WATER JAN WATER SVCS- 39569 SERAPHINA DIST RD 10596 2/23/2021 001212 SO CALIF GAS COMPANY JAN 091-085-1632-0 41951 MORAGA RD 10597 2/23/2021 010276 TIME WARNER CABLE FEB INTERNET SVCS- 30600 PAUBA RD 204550 2/25/2021 003951 ALL AMERICAN ASPHALT ASPHALT SUPPLIES: PW STREET MAINT 204551 2/25/2021 007282 AMAZON CAPITAL SERVICES MISC SUPPLIES: TVM INC SUPPLIES - CHIEF/BC MISC OFC SUPPLIES: PLANNING 204552 2/25/2021 004422 AMERICAN BATTERY BATTERIES: CIVIC CTR CORPORATION, DBA AMERICAN BATTERY SUP 204553 2/25/2021 017797 ARTHUR J. GALLAGHER & CO., 19/20 WC AUDIT ADD'L PREMIUM: RISK INSURANCE BROKERS OF CA 204554 2/25/2021 011954 BAKER AND TAYLOR INC BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY 204555 2/25/2021 004262 BIO TOX LABORATORIES PHLEBOTOMY SVCS: POLICE PHLEBOTOMY SVCS: POLICE PHLEBOTOMY SVCS: POLICE 204556 2/25/2021 014284 BLAKELYS TRUCK SERVICE, VEHICLE/EQUIP REPAIRS: PW STREET AKA DONALD W BLAKELY MAINT Amount Paid Check Total 22.96 22.96 53.12 53.12 130.98 130.98 131.14 131.14 488.18 488.18 609.14 609.14 860.47 860.47 497.31 226.75 71.10 795.16 249.58 249.58 6,855.00 6,855.00 58.16 73.91 89.23 101.71 167.09 151.54 167.35 18.98 40.78 868.75 439.00 3,292.00 825.00 4,556.00 2,031.40 2,031.40 Page3 apChkLst Final Check List Page: 4 02/25/2021 10:07:47AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 204557 2/25/2021 003138 CAL MAT, DBAVULCAN ASPHALT SUPPLIES: PW STREET MATERIALS CO MAINT 204558 2/25/2021 003549 CALIF ASSN OF MUSEUMS MEMBERSHIP REGISTRATION: FRICK, TRACY 204559 2/25/2021 004971 CANON FINANCIAL SERVICES FEB 14 COPIER LEASE - CIVIC CTR INC 204560 2/25/2021 001264 COSTCO TEMECULA 491 MISC SUPPLIES - PREVENTION 204561 2/25/2021 004329 COSTCO TEMECULA 491 SUPPLIES: HUMAN SVCS: TCSD 204562 2/25/2021 012600 DAVID EVANS AND JAN DSGN SVCS: DIAZ RD PROJ ASSOCIATES INC PW17-25 204563 2/25/2021 012217 DUDEK URBAN FOREST MGMT PLAN & INVENTORY URBAN FOREST MGMT PLAN & INVENT( 204564 2/25/2021 013367 ELECTRO INDUSTRIAL SUPPLY Misc small tools & equip: pw - traffic Misc small tools & equip: pw - traffic 204565 2/25/2021 019530 EMPIRE ENGRAVING RECOGNITION AWARDS: POLICE RECOGNITION AWARDS: POLICE 204566 2/25/2021 021859 EXP US SERVICES INC CONSULT SVCS: SANTA GERTRUDIS CRK TRAIL 204567 2/25/2021 004890 GOLDEN STATE FIRE FIRE SPRINKLER INSPECTION - FIRE PROTECTION STA 95 FIRE SPRINKLER INSPECTION - STA 84 FIRE SPRINKLER INSPECTION - STA 92 FIRE SPRINKLER INSPECTION - STA 73 204568 2/25/2021 020698 HICKS AND HARTWICK INC ENG PLAN CK SVCS: LAND DEV: SOLANA WY ENG PLAN CK SVCS: LAND DEV: HEIRLC 204569 2/25/2021 003198 HOME DEPOT MISC TOOLS: PW FACILITIES CIVIC CTR Misc Supplies - Summer Day Camp: CRC MISC SUPPLIES: TVM 204570 2/25/2021 013286 INTRADO LIFE & SAFETY INC FEB ENTERPRISE 911 SVC: IT 204571 2/25/2021 014097 JIMNI SYSTEMS, INC. PUMP SERVICE: REDHAWK PARK 204572 2/25/2021 021870 JOEL S. BITTO, DBAA-ONE FUEL COVER - STA 95 PATIOS Amount Paid Check Total 514.30 514.30 175.00 175.00 671.56 671.56 208.24 208.24 116.79 116.79 18,827.23 18,827.23 600.00 700.00 1,300.00 817.46 1,523.05 2,340.51 130.50 331.69 462.19 87,812.72 87,812.72 650.00 650.00 650.00 650.00 2,600.00 3,030.00 15,750.00 18,780.00 221.59 14.75 161.40 397.74 300.00 300.00 7,638.83 7,638.83 12,170.00 12,170.00 Page:4 apChkLst Final Check List Page: 5 02/25/2021 10:07:47AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 204573 2/25/2021 004905 LIEBERT, CASSIDYAND SEMINAR REGIST: PERBACADEMY: WHITMORE HUGHES 204574 2/25/2021 013982 M C I COMM SERVICE FEB XXX-0346 GEN USAGE FEB XXX-0714 GEN USAGE PD MALL AU 204575 2/25/2021 021370 MARK THOMAS AND COMPANY DSGN & ENVIRO SVCS: CONG INC RELIEF,PW19-02 204576 2/25/2021 018675 MDG ASSOCIATES INC JAN CDBG PRGMADMIN: COM DEV JAN CDBG-CV TA PRGM: COM DEV 204577 2/25/2021 013443 MIDWEST TAPE LLC BOOKS ON TAPE: LIBRARY 204578 2/25/2021 021998 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS: PW CIP INC 204579 2/25/2021 002734 P V P COMMUNICATIONS INC MOTOR HELMETS: PD TRAFFIC MOTOR HELMETS: PD TRAFFIC 204580 2/25/2021 010338 POOLAND ELECTRICAL, VARIOUS SUPPLIES: AQUATICS PRODUCTS INC VARIOUS SUPPLIES: AQUATICS 204581 2/25/2021 014365 QUADIENT LEASING USA INC 3/14-6/13 POSTAGE MTR LEASE:SUPP SRVCS 204582 2/25/2021 016869 RIGHTWAY SITE SERVICES INC PORTABLE RENTAL: COVID TESTING DBA, RIGHTWAY PORTABLE SITE/TCC TOILET 204583 2/25/2021 000278 SAN DIEGO UNION -TRIBUNE JAN PUBLIC NTCS: PLANNING 204584 2/25/2021 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY SRVC: JAMES... GIANT PRESTON PEACH PHOTOGRAPHY SRVCS: FEB'21 TVM E) 204585 2/25/2021 002503 SOUTH COAST AIR QUALITY, LIQUID FUEL MANAGEMENT DISTRICT DISPENSING/GENERATOR: STA 95 FY20/21 FLAT FEE -LAST F-YR EMISSION 204586 2/25/2021 000519 SOUTH COUNTY PEST EMERG PEST CTRL SRVCS: VAIL CONTROL INC RANCH SLOPE FEB PEST CTRL SRVCS: DUCK POND 204587 2/25/2021 008337 STAPLES BUSINESS CREDIT MISC SUPPLIES: HUMAN SERVICES MISC SUPPLIES: LIBRARY MISC SUPPLIES: HUMAN SERVICES MISC SUPPLIES: HUMAN SERVICES MISC SUPPLIES: LIBRARY Amount Paid 475.00 37.17 33.83 16,381.25 3,700.50 936.75 44.69 1,429.44 1,221.27 1,177.77 83.34 385.85 1,224.94 853.14 597.02 300.00 200.00 545.48 136.40 94.00 49.00 7.14 71.52 115.71 9.45 28.26 Check Total 475.00 71.00 16, 381.25 4,637.25 44.69 1,429.44 2,399.04 469.19 1,224.94 853.14 597.02 500.00 681.88 143.00 232.08 Page:5 apChkLst Final Check List Page: 6 02/25/2021 10:07:47AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 204588 2/25/2021 015648 STEIN ANDREW, DBA PARKINK MISC SUPPLIES CULTURALARTS PRGM 204589 2/25/2021 017163 TRI POINTE HOMES, INC. REFUND: DEPOSIT FOR PASEO DEL SOL CC&R Amount Paid Check Total 615.43 615.43 2,500.00 2,500.00 204590 2/25/2021 020963 UPTOWN TEMECULA AUTO JAN VEHICLE DETAILING SRVCS: 8.00 SPA LLC CODE ENF JAN VEHICLE DETAILING SRVCS:MEDIC) 40.00 JAN VEHICLE DETAILING SRVCS: PW CII 4.00 JAN VEHICLE DETAILING SRVCS: PW PA 8.00 JAN VEHICLE DETAILING SRVCS: B&S 4.00 64.00 204591 2/25/2021 007987 WALMART MISC SUPPLIES: CRC 89.15 89.15 204592 2/25/2021 001342 WAXIE SANITARY SUPPLY INC JANITORIAL SUPPLIES: CIVIC CENTER 593.64 JANITORIAL SUPPLIES: CITY FACS 8,974.49 JANITORIAL SUPPLIES: PW PARKS MAIN 1,582.32 11,150.45 204593 2/25/2021 008668 WES FLOWERS SUNSHINE FUND 101.99 101.99 204594 2/25/2021 003730 WEST COAST ARBORISTS INC 1/12 TREE MAINT: STA 95 443.25 1/12-13 TREE MAINT: STA84 1,420.10 1,863.35 1002075 2/22/2021 022245 NGUYEN, JENNIFER REFUND: PA20-1282 CANCELLED 50.00 50.00 Grand total for UNION BANK: 4,562,618.40 Page6 apChkLst Final Check List Page: 7 02/25/2021 10:07:47AM CITY OF TEMECULA 82 checks in this report. Grand Total All Checks: 4,562,618.40 Page:? apChkLst Final Check List Page: 1 03/02/2021 11:44:27AM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor Description 500232 3/4/2021 013950 AQUA CHILL OF SAN DIEGO water services: police storefront office 500233 3/4/2021 010650 CRAFTSMEN PLUMBING & PAINTING: WINCHESTER CREEK PARK HVAC INC FIRE SYSTEM SVCS: VARI LOCATIONS 500234 3/4/2021 001393 DATA TICKET INC, DBA JAN CITATION PROCESSING: POLICE REVENUE EXPERTS 500235 3/4/2021 003945 DIAMOND ENVIRONMENTAL COVID CLEANING: CRC SRVCS TEMPORARY FENCING: JRC 500236 3/4/2021 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: PARK MAINT FUEL FOR CITY VEHICLES: STREET MAI FUEL FOR CITY VEHICLES: TRAFFIC DIV FUEL FOR CITY VEHICLES: TCSD FUEL FOR CITY VEHICLES: BLDG INSPE FUEL FOR CITY VEHICLES: PW CIP FUEL FOR CITY VEHICLES: FIRE DEPT FUEL FOR CITY VEHICLES: LAND DEV: F FUEL FOR CITY VEHICLES: CODE ENFOI FUEL FOR CITY VEHICLES: POLICE DEP 500237 3/4/2021 002577 ENGINEERING RESOURCES, ENG CONSULT SVCS: OVERLAND: OF SOUTHERN CALIF., INC. PW20-11 JAN ENG SVCS: SIDEWALK: 5TH ST. PW: 500238 3/4/2021 001056 EXCEL LANDSCAPE INC FEB LDSCP MAINT: PARKS/MEDIANS PW FEB LDSCP MAINT: PARKS/MEDIANS PW FEB LDSCP MAINT SLOPES: PW FEB LDSCP MAINT SLOPES: PW FEB LDSCP MAINT: PARKS/MEDIANS: PV FEB LDSCP MAINT: CITY FACS FEB LDSCP MAINT: 115/79S INTRCHG MP 500239 3/4/2021 000177 GLENNIES OFFICE PRODUCTS MISC OFC SUPPLIES: PLANNING INC MISC OFC SUPPLIES: PLANNING MISC OFC SUPPLIES: PLANNING MISC OFC SUPPLIES: PLANNING 500240 3/4/2021 020628 HASA INC VARIOUS SUPPLIES: AQUATICS 500241 3/4/2021 022056 IDETAIL SUPPLY CO ENGINE MAINT SUPPLIES - FIRE DEPT Engine maint supplies - Sta 73- Amount Paid Check Total 56.57 56.57 4,800.00 1,380.00 6,180.00 712.82 712.82 325.56 95.00 420.56 1,262.34 895.09 355.54 342.35 194.43 174.66 126.50 51.54 35.83 14.75 3,453.03 3,636.41 2,361.00 5,997.41 58,560.46 56,831.22 40,678.18 24,702.75 21,133.27 12, 631.84 8,550.00 223,087.72 60.34 42.18 19.47 18.43 140.42 897.00 897.00 170.74 66.56 237.30 Page:1 apChkLst 03/02/2021 11:44:27AM Final Check List CITY OF TEMECULA Page: 2 Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 500242 3/4/2021 012285 JOHNSTONE SUPPLY MISC SUPPLIES: CIVIC CTR 129.80 HVAC SUPPLIES - STA 84 69.31 HVAC SUPPLIES - FIRE STA 95 35.50 HVAC SUPPLIES - FIRE STA 92 35.50 HVAC SUPPLIES: FIRE STA 73 11.27 281.38 500243 3/4/2021 001282 KNORR SYSTEMS INC POOL SUPPLIES: VARIOUS FACILITIES 354.80 354.80 500244 3/4/2021 000944 MCCAIN TRAFFIC SUPPLY INC MISC TRAFFIC SIGNAL EQUIPMENT 1,121.22 1,121.22 500245 3/4/2021 004951 MIKE'S PRECISION WELDING WELDING REPAIRS: VARIOUS PARKS 2,980.00 INC WELDING REPAIRS: VARIOUS PARKS 325.00 3,305.00 500246 3/4/2021 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: PARKS 493.58 INC MISC ELECTRICAL SUPPLIES: CIVIC CTF 94.85 ELECTRICAL SUPPLLIES: CIVIC CTR 76.64 665.07 500247 3/4/2021 003591 RENES COMMERCIAL HOMELESS ENCAMPMENTS 12/23-24 2,750.00 MANAGEMENT JAN CLEANUP SRVCS:CITY R-O-WS 1,774.00 HOMELESS ENCAMPMENTS: TEM CRK 1 900.00 REFUSE CLEANUP: CITY R-O-WS 500.00 5,924.00 500248 3/4/2021 013482 SILVERMAN ENTERPRISES FEB AFTER HRS SECURITY: PUMP 4,424.00 4,424.00 INC, DBA BAS SECURITY TRACK 500249 3/4/2021 009452 STRAWN, WILLIAM REIMB:SUPPLIES FOR COMMUNITY 507.56 507.56 THEATER 500250 3/4/2021 003840 STRONG'S PAINTING PAINT CONCESSION STAND: 6,000.00 6,000.00 HARVESTON PK 500251 3/4/2021 014866 TWM ROOFING, INC REPLACE BALCONY ROOFING: CIVIC 35,570.00 35,570.00 CENTER 500252 3/4/2021 019375 WARD, ROSANNE MEMBERSHIP DUES: WARD, R. 139.00 139.00 6641038 Grand total for EFT UNION BANK: 299,474.86 Paget apChkLst Final Check List Page: 3 03/02/2021 11:44:27AM CITY OF TEMECULA 21 checks in this report. Grand Total All Checks: 299 474.86 Page:3 apChkLst Final Check List Page: 1 03/04/2021 10:23:24AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor Description 10533 2/9/2021 006887 UNION BANK OF CALIFORNIA 022189 BUTTONWILLOW SINCLAIR JA FUEL: RE -OPEN CAL NOW CONF 022190 BEL AIR GROCERY STORE JA RFRSHMNTS: RE -OPEN CAL NOW CONF 022193 THE MURRIETA INN AND SPA JA RFRSHMNTS: RE -OPEN CAL NOW CONF 022193 THE MURRIETA INN AND SPA JA RFRSHMNTS: RE -OPEN CAL NOW CONF 004464 EXXONMOBIL CARD SERVICES JA FUEL: RE -OPEN CAL NOW CONF 021148 WEX BANK JA FUEL: RE -OPEN CAL NOW CONF 021148 WEX BANK JA FUEL: RE -OPEN CAL NOW CONF 005115 ENTERPRISE RENT A CAR INC JA CAR RENTAL: RE -OPEN CAL NOW CONF 018389 IN-N-OUT BURGER INC JA RFRSHMNTS: RE -OPEN CAL NOW CONF 10566 2/26/2021 000262 RANCHO CALIF WATER VARI JAN WATER 3001042 30600 DISTRICT PAUBA RD 10598 2/24/2021 001212 SO CALIF GAS COMPANY JAN 055-475-6169-5 32380 DEER HOLLOW WAY 10599 2/24/2021 018858 FRONTIER CALIFORNIA INC FEB INTERNET SVCS- EXTERNAL DMV LINE 10600 2/24/2021 001212 SO CALIF GAS COMPANY JAN 015-575-0195-2 STA 92 32211 WOLF 10601 2/26/2021 006887 UNION BANK OF CALIFORNIA 022445 O'REILLYAUTO PARTS EH SETS OF TIRE CHAINS FOR VEHICLES: PD 10602 2/25/2021 010276 TIME WARNER CABLE FEB INTERNET SVCS 42569 MARGARITA RD 10603 2/25/2021 010276 TIME WARNER CABLE FEB INTERNET SVCS 30875 RANCHO VISTA RD 10604 3/1/2021 010276 TIME WARNER CABLE FEB INTERNET SVCS- 41000 MAIN ST 10605 3/1/2021 000537 SO CALIF EDISON FEB 2-28-331-4847 32805 PAUBA RD 10606 3/1/2021 018858 FRONTIER CALIFORNIA INC FEB INTERNET SVCS- SKATE PARK & MPSC Amount Paid Check Total 23.49 16.94 29.86 14.00 27.83 30.15 25.05 121.79 4.34 293.45 8,224.00 8,224.00 49.14 49.14 111.84 111.84 491.59 491.59 293.60 293.60 598.64 598.64 598.64 598.64 49.77 49.77 79.13 79.13 197.35 197.35 Page:1 apChkLst Final Check List Page: 2 03/04/2021 10:23:24AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 10607 3/1/2021 018858 FRONTIER CALIFORNIA INC FEB INTERNET SVCS- CITY HALL 10608 3/1/2021 000537 SO CALIF EDISON FEB 2-30-296-9522 46679 PRIMROSE AVE 10609 3/1/2021 010276 TIME WARNER CABLE FEB INTERNET SVCS 32380 DEER HOLLOW WAY 10610 3/1/2021 010276 TIME WARNER CABLE FEB INTERNET SVCS 28922 PUJOL ST 10611 3/1/2021 010276 TIME WARNER CABLE FEB INTERNET SVCS 41845 6TH ST 10612 3/4/2021 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT SUPPORT 10613 3/4/2021 017429 COBRAADVANTAGE INC, DBA FSA REIMBURSEMENT PAYMENT THE ADVANTAGE GROUP 10614 3/4/2021 021301 I C M A RETIREMENT -PLAN ICMA- 401(A) RETIREMENT PLAN 106474 PAYMENT 10615 3/4/2021 000194 I C M A RETIREMENT -PLAN ICMA-RC RETIREMENT TRUST 457 303355 PAYMENT 10616 3/4/2021 000444 INSTATAX (EDD) STATE TAXES PAYMENT 10617 3/4/2021 000283 INSTATAX (IRS) FEDERAL TAXES PAYMENT 10618 3/4/2021 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT SOLUTION 10619 3/4/2021 019088 NATIONWIDE RETIREMENT NATIONWIDE LOAN REPAYMENT SOLUTION PAYMENT 10620 3/4/2021 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT SOLUTION PAYMENT 10621 3/4/2021 000245 PERS - HEALTH INSUR PERS HEALTH PAYMENT PREMIUM PERS HEALTH PAYMENT 10622 3/4/2021 000246 PERS (EMPLOYEES' PERS RETIREMENT PAYMENT RETIREMENT) 10623 3/2/2021 000537 SO CALIF EDISON FEB 2-40-576-0232 44173 BUTTERFIELD STG Amount Paid Check Total 295.98 295.98 520.10 520.10 598.64 598.64 598.64 598.64 598.64 598.64 899.07 899.07 19,913.89 19,913.89 1,134.62 1,134.62 15,048.98 15,048.98 26,273.38 26,273.38 87,320.93 87,320.93 13,140.57 13,140.57 344.39 344.39 1,827.62 1,827.62 143,082.77 0.00 143,082.77 112, 698.96 112, 698.96 17.70 17.70 Paget apChkLst Final Check List Page: 3 03/04/2021 10:23:24AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 10624 3/2/2021 000537 SO CALIF EDISON FEB 2-33-357-5785 44747 REDHAWK PKWY 10625 3/2/2021 001986 MUZAK LLC MAR DISH NETWORK 41952 6TH ST 10626 3/2/2021 000537 SO CALIF EDISON FEB 2-41-072-5394 29429 TEMECULA PKWY 10627 3/2/2021 001986 MUZAK LLC MAR DISH NETWORK STA 95 32131 10628 3/2/2021 001986 MUZAK LLC MAR DISH NETWORK 43230 BUS PARK DR 10629 3/2/2021 000537 SO CALIF EDISON FEB 2-34-624-4452 STA 95 32131 S LOOP RD 204595 3/4/2021 022094 ALVARADO, ARIANA REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED 204596 3/4/2021 007282 AMAZON CAPITAL SERVICES Misc. Small Tools/ Equipment: EM INC BOOKS RHRTPL: LIBRARY SUPPLIES - CHIEF/BC 204597 3/4/2021 004240 AMERICAN FORENSIC NURSES MAR STAND BY FEE: POLICE AFN DRUG/ALCOHOL ANALYSIS: POLICE DRUG/ALCOHOL ANALYSIS: POLICE 204598 3/4/2021 000936 AMERICAN RED CROSS, STAFF/LIFEGUARDS CERTS: HEALTH AND SAFETY SVCS AQUATICS STAFF/LIFEGUARDS CERTS: AQUATICS STAFF/LIFEGUARDS CERTS: AQUATICS 204599 3/4/2021 003520 AMERICAN SOCIETY OF MUSIC LIC FEE: MUSIC PLAYED: OLD COMPOSERS, AUTHORS & TOWN PUBLISHERS 204600 3/4/2021 000101 APPLE ONE INC FEB TEMP HELP: FINANCE DEPT 204601 3/4/2021 004623 AQUA SOURCE INC VARIOUS SUPPLIES: AQUATICS 204602 3/4/2021 017797 ARTHUR J. GALLAGHER & CO., POLICY EXT/RENEWAL THRU 7/1/21: INSURANCE BROKERS OF CA RISK 204603 3/4/2021 011666 B P S TACTICAL INC LOAD BEARING VEST COVERS - TRAFFIC: PD Amount Paid Check Total 27.62 27.62 56.10 56.10 79.48 79.48 155.08 155.08 166.27 166.27 1,288.08 1,288.08 50.00 100.00 150.00 17.37 82.85 304.44 404.66 1,339.00 1,206.34 58.45 2,603.79 24.00 897.00 387.00 1,308.00 1,175.00 1,175.00 4,668.30 4,668.30 1,872.68 1,872.68 376.00 376.00 1,083.15 1,083.15 Page:3 apChkLst Final Check List Page: 4 03/04/2021 10:23:24AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 204604 3/4/2021 011954 BAKER AND TAYLOR INC 204605 3/4/2021 022177 BALL, DAVID 204606 3/4/2021 006254 BALLET FOLKLORICO, AKA LORENA HANCOCK 204607 3/4/2021 022191 BECK, DEANE 204608 3/4/2021 022127 BENKOWSKI, CEDRIC 204609 3/4/2021 022178 BJORKLUND, DAVID 204610 3/4/2021 020405 BLOCK, BARBARA 204611 3/4/2021 022154 BOK, CHRIS 204612 3/4/2021 018204 BOWERS, DENNIS 204613 3/4/2021 015834 BOYER WAYNE E, DBA MOTOPORT USA 204614 3/4/2021 019264 BREAM, BERT 204615 3/4/2021 021502 BUCHER, BRET PHILLIP 204616 3/4/2021 022098 BURKS, BERNARD 204617 3/4/2021 000154 C S M F O 204618 3/4/2021 022179 CABANAS, DAVID (Continued) Description BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY REFUND: ROD RUN CANCELLED TCSD INSTRUCTOR EARNINGS REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED MOTOR UNIFORMS: POLICE REFUND: ROD RUN CANCELLED TCSD INSTRUCTOR EARNINGS REFUND: ROD RUN CANCELLED '21 MEMBERSHIP RENEWAL: GRACIANO, R. REFUND: ROD RUN CANCELLED Amount Paid Check Total 153.95 78.57 646.52 10.27 8.27 505.36 19.55 57.37 35.00 372.40 50.00 50.00 35.00 35.00 105.00 35.00 100.00 1,120.76 35.00 924.00 35.00 110.00 35.00 1,479.86 35.00 372.40 50.00 50.00 35.00 35.00 105.00 135.00 1,120.76 35.00 924.00 35.00 110.00 35.00 Page:4 apChkLst Final Check List Page: 5 03/04/2021 10:23:24AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 204619 3/4/2021 003138 CAL MAT, DBA VULCAN MATERIALS CO 204620 3/4/2021 004241 CALIF DEPT OF STATE ARCHITECT 204621 3/4/2021 004241 CALIF DEPT OF STATE ARCHITECT 204622 3/4/2021 022162 CANTARINI, CODY 204623 3/4/2021 018828 CASC ENGINEERING AND, CONSULTING INC 204624 3/4/2021 022146 CASEY, CHARLES 204625 3/4/2021 022081 CASTLE IMPROVEMENTS 204626 3/4/2021 022161 CENA, CHUCK 204627 3/4/2021 022163 CHAPPELL, CRAIG 204628 3/4/2021 020025 CIVIL SOURCE INC 204629 3/4/2021 022155 CLEMENTI, CHRIS 204630 3/4/2021 022174 COATS, DAVE 204631 3/4/2021 022156 CONWAY, CHRIS 204632 3/4/2021 022099 COOKE, BETTY 204633 3/4/2021 012600 DAVID EVANS AND ASSOCIATES INC 204634 3/4/2021 022123 D'AVIS, CAMERON 204635 3/4/2021 022180 DEBOE, DAVID (Continued) Description Amount Paid Check Total ASPHALT SUPPLIES: PW STREET 440.81 440.81 MAINT REMITTANCE OF AB1379 - QE DEC 878.80 878.80 2020 REMITTANCE OF SB1186 - QE DEC 2.10 2.10 2020 REFUND: ROD RUN CANCELLED 35.00 35.00 WQMP PLAN CK: BUTTERIFLED STG 1,310.00 1,310.00 PW15-11 REFUND: ROD RUN CANCELLED 35.00 35.00 REFUND: ROD RUN CANCELLED 100.00 100.00 REFUND: ROD RUN CANCELLED 35.00 35.00 REFUND: ROD RUN CANCELLED 50.00 50.00 JAN ENG SVCS: BUTTERFIELD STG, 4,495.00 4,495.00 PW15-11 REFUND: ROD RUN CANCELLED 50.00 50.00 REFUND: ROD RUN CANCELLED 50.00 50.00 REFUND: ROD RUN CANCELLED 35.00 35.00 REFUND: ROD RUN CANCELLED 35.00 35.00 JAN DSGN SVCS: RRSP EXPANSION 1,735.00 18-03 JAN CONST BID SUPPOT. SANTA GERTR 4,003.50 5,738.50 REFUND: ROD RUN CANCELLED 35.00 35.00 »7�1►1�A ZilHld�1►[H_1Ryq��q� id[H� id[�Ir, Page:5 apChkLst Final Check List Page: 6 03/04/2021 10:23:24AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 204636 3/4/2021 022085 DETWILER, ALAN REFUND: ROD RUN CANCELLED 204637 3/4/2021 019720 DIVERSIFIED WATERSCAPES MAR WTR QUALITY MAINT:DUCK INC PND/HARV. 204638 3/4/2021 012217 DUDEK URBAN FOREST MGMT PLAN & INVENTORY 204639 3/4/2021 022090 DUISTERMARS, ALICIA REFUND: ROD RUN CANCELLED 204640 3/4/2021 013367 ELECTRO INDUSTRIAL SUPPLY Misc small tools & equip: pw - traffic 204641 3/4/2021 000164 ESGIL LLC NOV PLAN CK SVCS: COMDEV DEPT OCT PLAN CK SVCS: COMDEV DEPT 204642 3/4/2021 004836 EWING IRRIGATION IRRIGATION PARTS: HARVESTON PRODUCTS INC SLOPE IRRIGATION PARTS: MEDIANS IRRIGATION PARTS: VARIOUS LOCATIOI` 204643 3/4/2021 017432 EYEMED VISION CARE VISION PLAN PAYMENT 204644 3/4/2021 022173 FARNBACH, DARELL REFUND: ROD RUN CANCELLED 204645 3/4/2021 022125 FARRIS, CARLYN REFUND: ROD RUN CANCELLED 204646 3/4/2021 022175 FAULKNER, DAVE REFUND: ROD RUN CANCELLED 204647 3/4/2021 001511 FIELDMAN ROLAPP AND FINANCIAL ADVISORY SVCS: ASSOCIATES FINANCIAL 204648 3/4/2021 022088 FLORES, ALEJANDRO REFUND: ROD RUN CANCELLED 204649 3/4/2021 022086 FOLLIS, ALAN REFUND: ROD RUN CANCELLED 204650 3/4/2021 022109 FORTELNY, BOB REFUND: ROD RUN CANCELLED 204651 3/4/2021 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 204652 3/4/2021 002982 FRANCHISE TAX BOARD KRACH. BREE - CASE# 603016103 Amount Paid Check Total 35.00 35.00 6,969.00 6,969.00 1,860.00 1,860.00 100.00 100.00 2,278.01 2,278.01 14,827.08 12,265.17 27,092.25 788.44 108.75 1,707.38 2,604.57 1,690.36 1,690.36 35.00 35.00 35.00 35.00 35.00 35.00 2,817.19 2,817.19 35.00 35.00 35.00 35.00 50.00 50.00 100.00 100.00 2.72 2.72 Page6 apChkLst Final Check List Page: 7 03/04/2021 10:23:24AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 204653 3/4/2021 022103 FRITZ, BILL REFUND: ROD RUN CANCELLED 204654 3/4/2021 022116 FRITZ, BRANDON REFUND: ROD RUN CANCELLED 204655 3/4/2021 022092 GANCI, ANTHONY REFUND: ROD RUN CANCELLED 204656 3/4/2021 022182 GARBER, DAVID REFUND: ROD RUN CANCELLED 204657 3/4/2021 021365 GEORGE HILLS COMPANY INC JAN CLAIM ADJUSTER SVCS: EOC/RISK MGMT 204658 3/4/2021 022084 GERGINS, ADRIENNE REFUND: ROD RUN CANCELLED 204659 3/4/2021 022110 GUIBORD, BOB REFUND: ROD RUN CANCELLED 204660 3/4/2021 022104 HAGEN, BILL REFUND: ROD RUN CANCELLED 204661 3/4/2021 000186 HANKS HARDWARE INC MISC MAINT SUPPLIES: M FAC MISC MAINT SUPPLIES: AQUATICS MISC MAINT SUPPLIES: MPSC MISC MAINT SUPPLIES: PARKS: PW MISC MAINT SUPPLIES: IWTCM HARDWARE SUPPLIES: VARI FIRE STATI MISC MAINT SUPPLIES: TCC MISC MAINT SUPPLIES: CRC MISC MAINT SUPPLIES: LIBRARY MISC MAINT SUPPLIES: THEATER MISC MAINT SUPPLIES: OLD TOWN MISC MAINT SUPPLIES: TVM MISC MAINT SUPPLIES: CIP: PW 204662 3/4/2021 022168 HARR, DANIEL REFUND: ROD RUN CANCELLED 204663 3/4/2021 017437 HART, MARK REFUND: ROD RUN CANCELLED 204664 3/4/2021 022083 HERNANDEZ, ADRIAN REFUND: ROD RUN CANCELLED 204665 3/4/2021 001013 HINDERLITER DE LLAMAS & SALES TAX & RECOVERY SVCS: 3RD ASSOC QTR 204666 3/4/2021 022164 HINES. DAN REFUND: ROD RUN CANCELLED Amount Paid Check Total 35.00 35.00 35.00 35.00 35.00 35.00 50.00 50.00 3,452.00 3,452.00 50.00 50.00 35.00 35.00 50.00 50.00 2,789.85 1,124.36 192.87 1,420.38 127.79 407.30 15.04 461.27 22.80 48.65 113.31 591.70 80.94 7,396.26 35.00 35.00 35.00 35.00 70.00 70.00 11,445.56 11,445.56 35.00 35.00 Page:? apChkLst Final Check List Page: 8 03/04/2021 10:23:24AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 204667 3/4/2021 022147 HITCHCOCK, CHARLES 204668 3/4/2021 003198 HOME DEPOT 204669 3/4/2021 011049 HOSPICE OF THE VALLEY 204670 3/4/2021 022194 HURST, DEMIAN 204671 3/4/2021 022148 IMMORMINO, CHARLES 204672 3/4/2021 012883 JACOB'S HOUSE INC 204673 3/4/2021 017164 JAMES D. ENGLISH & ASSOCIATES 204674 3/4/2021 015673 JDS VIDEO & MEDIA PRODUCTIONS 204675 3/4/2021 022126 JOHNSON, CARY 204676 3/4/2021 022153 JORGENSEN, CHARLIE 204677 3/4/2021 021896 JP HANDMADE CORP, DBA MINUTEMAN PRESS 204678 3/4/2021 019293 KITTRICH CORPORATION 204679 3/4/2021 022111 KNIGHT, BOB 204680 3/4/2021 022122 KRAMER, CALVIN 204681 3/4/2021 022183 LAZZARINI, DAVID 204682 3/4/2021 022184 LEADFORD, DAVID 204683 3/4/2021 002634 LITELINES INC 204684 3/4/2021 022187 LONG, DEAN (Continued) Description REFUND: ROD RUN CANCELLED MISC SUPPLIES: CIVIC CTR COMM SVC FUNDING: CITRY CNCL REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED EMPLOYEE CHARITY DONATIONS PAYMENT STAFF TRAININIG: CDR TECH: HANSEN:PD VIDEO PRODUCTION: THEATER REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED OFC SUPPLIES: ENVELOPES: FINANCE K9 FOOD: POLICE REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED MISC LIGHTS: PW PARKS REFUND: ROD RUN CANCELLED Amount Paid Check Total 35.00 76.02 5,000.00 35.00 50.00 40.00 299.00 2,300.00 100.00 35.00 479.68 100.50 35.00 35.00 35.00 35.00 1,119.58 35.00 35.00 76.02 5,000.00 35.00 50.00 40.00 299.00 2,300.00 100.00 35.00 479.68 100.50 35.00 35.00 35.00 35.00 1,119.58 35.00 Page:8 apChkLst Final Check List Page: 9 03/04/2021 10:23:24AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 204685 3/4/2021 022169 MAY, DANIEL REFUND: ROD RUN CANCELLED 204686 3/4/2021 022105 MAYFIELD, BILL REFUND: ROD RUN CANCELLED 204687 3/4/2021 022149 MAYO, CHARLES REFUND: ROD RUN CANCELLED 204688 3/4/2021 018675 MDG ASSOCIATES INC JAN LABOR COMPLIANCE SVCS: PW18-16 204689 3/4/2021 019823 MERCHANTS BLDG MAINT LLC ENHANCHED CLEANING: CIVIC CTR ENHANCED CLEANING: CITY HALL 204691 3/4/2021 003076 MET LIFE INSURANCE DENTAL PAYMENT COMPANY 204692 3/4/2021 013443 MIDWEST TAPE LLC BOOKS ON TAPE: LIBRARY 204693 3/4/2021 022119 MILLER, BRITT REFUND: ROD RUN CANCELLED 204694 3/4/2021 022150 MONTGOMERY, CHARLES REFUND: ROD RUN CANCELLED 204695 3/4/2021 022157 MONTGOMERY, CHRIS REFUND: ROD RUN CANCELLED 204696 3/4/2021 022151 MORRIS, CHARLES REFUND: ROD RUN CANCELLED 204697 3/4/2021 000718 NATIONAL RECREATION PARK AGENCY MEMBERSHIP: CITY OF ASSOC TEMECULA 204698 3/4/2021 001323 NESTLE WATERS NORTH 01/23 - 02/22 WTR DLVRY SVCS: SKATE AMERICA, DBA PARK READYREFRESH 01/23 - 02/22 WTR DLVRY SVCS: MRC 01/23 - 02/22 WTR DLVRY SVCS: HELPT 01/23 - 02/22 WTR DLVRY SVCS: PBSP 01/23 - 02/22 WTR DLVRY SVCS: TESC P( 204699 3/4/2021 021121 OCCUPATIONAL HEALTH CTR MEDICAL SCREENINGS: HR OF CA, DBA CONCENTRA MEDICAL CTR 204700 3/4/2021 003964 OFFICE DEPOT BUSINESS SVS OFFICE SUPPLIES: HR DIV OFFICE SUPPLIES: HR OFFICE SUPPLIES: HR OFFICE SUPPLIES: FINANCE Amount Paid Check Total 35.00 35.00 35.00 35.00 140.00 140.00 23.75 23.75 270.00 270.00 540.00 12,292.05 12,292.05 33.81 33.81 35.00 35.00 70.00 70.00 35.00 35.00 70.00 70.00 1,150.00 1,150.00 9.15 8.69 33.08 17.22 16.30 84.44 187.50 187.50 2.99 96.89 23.83 55.51 179.22 Page9 apChkLst Final Check List Page: 10 03/04/2021 10:23:24AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 204701 3/4/2021 022091 OROSCO, AMBER REFUND: ROD RUN CANCELLED 204702 3/4/2021 002297 OVERLAND PACIFIC & CUTLER JAN ACQUISITION SVCS: FLD CNTRL LLC EASEMENT DEC ACQUISITION SVC: FLOOD CNTRL I OCT ACQUISITION SVC: FLD CNTRL EAS 204703 3/4/2021 017720 PERPETUAL PARKS & SHADE FABRIC INSTALL: RRSP PLAYGROUNDS 204704 3/4/2021 022170 PISANO, DANNY REFUND: ROD RUN CANCELLED 204705 3/4/2021 022112 PISCIOTTA, BOB REFUND: ROD RUN CANCELLED 204706 3/4/2021 022096 PITTS, ASHTON REFUND: ROD RUN CANCELLED 204707 3/4/2021 010338 POOLAND ELECTRICAL, VARIOUS SUPPLIES: AQUATICS PRODUCTS INC 204708 3/4/2021 005820 PRE -PAID LEGAL SERVICES PREPAID LEGAL SERVICES PAYMENT INC, DBA LEGALSHIELD 204709 3/4/2021 014379 PROFESSIONAL IMAGE BANNERS: CITY MGR OFC ADVERTISING, DBA EXTREME SIGNSGRAPHICS 204710 3/4/2021 005075 PRUDENTIAL OVERALL FEB FLOOR MATS/TOWEL RENTALS: SUPPLY CIVIC CNTR FEB FLOOR MATS/TOWEL RENTALS: FO 204711 3/4/2021 021026 QUESTICA LTD REPORT WRITING -BUDGET SOFTWARE: FINANCE 204712 3/4/2021 022158 RADCLIFFE, CHRIS REFUND: ROD RUN CANCELLED 204713 3/4/2021 000907 RANCHO TEMECULA CAR FEB VEHICLE DETAILING SRVCS: WASH POLICE JAN VEHICLE DETAILING SRVCS: POLIC 204714 3/4/2021 022192 REDDY, DEEPAK REFUND: ROD RUN CANCELLED 204715 3/4/2021 022120 REICH, BRUCE REFUND: ROD RUN CANCELLED 204716 3/4/2021 022121 REID, BYRD REFUND: ROD RUN CANCELLED Amount Paid Check Total 35.00 35.00 1,226.25 115.00 6,291.25 7,632.50 4,569.00 4,569.00 35.00 35.00 35.00 35.00 35.00 35.00 385.85 385.85 191.35 191.35 470.00 470.00 287.10 38.80 325.90 1,000.00 1,000.00 35.00 35.00 12.00 12.00 24.00 140.00 140.00 35.00 35.00 35.00 35.00 Page:10 apChkLst 03/04/2021 10:23:24AM Final Check List CITY OF TEMECULA Page: 11 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 204717 3/4/2021 022124 RIVAS, CARL REFUND: ROD RUN CANCELLED 35.00 35.00 204718 3/4/2021 000406 RIVERSIDE CO SHERIFFS 12/17-01/13 LAW ENFORCEMENT 2,269,217.76 2,269,217.76 DEPT 204719 3/4/2021 001365 RIVERSIDE, COUNTY OF, OCT-DEC VECTOR CONTROL SRVCS: 3,107.22 3,107.22 ENVIRONMENTAL HEALTH B&S DEPT 204720 3/4/2021 022117 ROTHWEILER, BRENT REFUND: ROD RUN CANCELLED 35.00 REFUND: ROD RUN CANCELLED 70.00 105.00 204721 3/4/2021 000278 SAN DIEGO UNION -TRIBUNE JAN BID AD: S. GERTRUDIS CRK, 754.64 754.64 PW08-04 204722 3/4/2021 022106 SANDRETTO, BILL REFUND: ROD RUN CANCELLED 35.00 35.00 204723 3/4/2021 022166 SARNE, DAN REFUND: ROD RUN CANCELLED 35.00 35.00 204724 3/4/2021 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY: S.LINEN JR 200.00 200.00 PRESTON PRK/FLAGS '21 204725 3/4/2021 022172 SCHMITZ, DANNY REFUND: ROD RUN CANCELLED 70.00 70.00 204726 3/4/2021 022097 SCOLA, AUSTIN REFUND: ROD RUN CANCELLED 50.00 50.00 204727 3/4/2021 022167 SCOTT, DAN REFUND: ROD RUN CANCELLED 35.00 35.00 204728 3/4/2021 022089 SERAJ, ALI REFUND: ROD RUN CANCELLED 35.00 35.00 204729 3/4/2021 022100 SHELLEY, CRAIG REFUND: ROD RUN CANCELLED 35.00 REFUND: ROD RUN CANCELLED 35.00 REFUND: ROD RUN CANCELLED 35.00 105.00 204730 3/4/2021 013695 SHRED -IT US JV LLC, DBA: 1/18-2/15 DOC SHRED SRVCS: POLICE 63.36 63.36 SHRED -IT USA LLC 204731 3/4/2021 004730 SMITH, COOLY REFUND: ROD RUN CANCELLED 50.00 50.00 204732 3/4/2021 022165 SMITH, CYRUS REFUND: ROD RUN CANCELLED 35.00 35.00 204733 3/4/2021 022176 SMITH, DAVE REFUND: ROD RUN CANCELLED 35.00 35.00 Page:11 apChkLst 03/04/2021 10:23:24AM Final Check List CITY OF TEMECULA Page: 12 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 204734 3/4/2021 000519 SOUTH COUNTY PEST FEB PEST CONTROL SRVCS: STA 92 42.00 CONTROL INC FEB PEST CONTROL SRVCS: STA OTC 48.00 FEB PEST CONTROL SRVCS: STA 95 80.00 EMERG PEST CTRL SRVCS: REDHAWK ( 94.00 FEB PEST CONTROL SRVCS: SPLASH P) 49.00 FEB PEST CONTROL SRVCS: CITY FACS 929.00 1,242.00 204735 3/4/2021 012652 SOUTHERN CALIFORNIA, MAR GEN USAGE: 0141,0839,2593,9306 613.61 613.61 TELEPHONE COMPANY 204736 3/4/2021 022152 SPINELLI, CHARLES REFUND: ROD RUN CANCELLED 35.00 35.00 204739 3/4/2021 007762 STANDARD INSURANCE BASIC LIFE INSURANCE PAYMENT 8,784.15 8,784.15 COMPANY 204740 3/4/2021 012723 STANDARD INSURANCE VOLUNTARY SUPP LIFE INSURANCE 1,529.97 1,529.97 COMPANY PAYMENT 204741 3/4/2021 018844 STANTEC CONSULTING JAN SRVCS:BTRFLD STG RD, PH III 5,452.00 5,452.00 SERVICES 204742 3/4/2021 008337 STAPLES BUSINESS CREDIT OFFICE SUPPLIES: THEATER 10.31 MISC SUPPLIES: T. MUSEUM 80.55 OFFICE SUPPLIES THEATER 55.26 MISC SUPPLIES: T. MUSEUM 237.08 383.20 204743 3/4/2021 022095 STEPHENS, ART REFUND: ROD RUN CANCELLED 35.00 REFUND: ROD RUN CANCELLED 35.00 70.00 204744 3/4/2021 003599 T Y LIN INTERNATIONAL 1/1-29 CONSULT: FV PKWY/1-15 PH 30,261.94 30,261.94 11,16-01 204745 3/4/2021 022186 TAYLOR, DAYTON REFUND: ROD RUN CANCELLED 35.00 35.00 204746 3/4/2021 001547 TEAMSTERS LOCAL 911 UNION MEMBERSHIP DUES PAYMENT 4,942.22 4,942.22 204747 3/4/2021 003941 TEMECULA WINNELSON PLUMBING SUPPLIES: FOC 241.25 241.25 COMPANY 204748 3/4/2021 020869 THURMAN, DALE REFUND: ROD RUN CANCELLED 50.00 50.00 204749 3/4/2021 016311 TIERCE, NICHOLAS FEB GRAPHIC DSGN SRVCS: THEATER 3,420.00 3,420.00 204750 3/4/2021 013474 TOWN & COUNTRY TOWING TOWING SERVICES: POLICE 2/22/21 75.00 75.00 Page:12 apChkLst Final Check List Page: 13 03/04/2021 10:23:24AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 204751 3/4/2021 019666 TREMPER, BRAD REFUND: ROD RUN CANCELLED 204752 3/4/2021 022113 TRUIT, BOB REFUND: ROD RUN CANCELLED 204753 3/4/2021 011659 ULINE INC MISC EVENT SUPPLIES: CRC 204754 3/4/2021 022159 VECCHI, CHRISTOPHER REFUND: ROD RUN CANCELLED 204755 3/4/2021 022107 WARING, BILL REFUND: ROD RUN CANCELLED 204756 3/4/2021 003730 WEST COAST ARBORISTS INC 1/1-15/21 TREE MAINT: HARVESTON LK PRK 1/16-31/21 TREE MAINT: SIGNET SERIES 01/16-31/21 TREE MAINT: HARVESTON S 01/16-31/21 TREE MAINT: CROWNE HILL 01/16-31/21 TREE MAINT: OLD TOWN 01/16-31/21 TREE MAINT: WOLF CREEK 01/16-31/21 TREE MAINT: PHEASANT RU 01/16-31/21 TREE MAINT: CITY ROW 01/16-31/21 TREE MAINT: CRC 1/16-31/21 TREE MAINT: PARKS & MEDIA 204757 3/4/2021 000339 WEST PUBLISHING CA PENAL CODE SUBSCR: TEM CORPORATION, SHERIFF DBA:THOMSON REUTERS 204758 3/4/2021 020124 WEST, BRIANNA 204759 3/4/2021 022160 WILLIAMS, CHRISTOPHER 204760 3/4/2021 022115 WOODROME, BONNIE 204761 3/4/2021 022087 WRUBLEVSKI, ALAN 204762 3/4/2021 022185 WULFSBERG, DAVID 204763 3/4/2021 022082 YAGLE, ADAM 204764 3/4/2021 022108 YOCUM, BILL 204765 3/4/2021 022114 ZWIERZ, BOB Amount Paid Check Total 35.00 35.00 35.00 35.00 434.56 434.56 150.00 150.00 70.00 70.00 3,115.20 1,752.30 3,115.20 4,936.38 328.20 196.65 294.98 1,195.50 196.65 1,508.78 16,639.84 335.64 335.64 REFUND: ROD RUN CANCELLED 50.00 50.00 REFUND: ROD RUN CANCELLED 35.00 35.00 REFUND: ROD RUN CANCELLED 35.00 35.00 REFUND: ROD RUN CANCELLED 35.00 35.00 REFUND: ROD RUN CANCELLED 35.00 35.00 REFUND: ROD RUN CANCELLED 35.00 35.00 REFUND: ROD RUN CANCELLED 35.00 35.00 REFUND: ROD RUN CANCELLED 50.00 50.00 Page:13 apChkLst Final Check List Page: 14 03/04/2021 10:23:24AM CITY OF TEMECULA Grand total for UNION BANK: 2,926,018.90 Page:14 apChkLst Final Check List Page: 15 03/04/2021 10:23:24AM CITY OF TEMECULA 202 checks in this report. Grand Total All Checks: 2,926,018.90 Page:15 apChkLst Final Check List Page: 1 03/04/2021 10:24:44AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 204766 3/4/2021 010593 DEARDS, JOHN 204767 3/4/2021 000411 RIVERSIDE CO FLOOD CONTROLAND, WATER CONSERVATION DIST Description Amount Paid Check Total REIMB: THEATER SUPPLIES 141.36 141.36 ENCROACH PERMIT: CHERRY/MURR 2,000.00 2,000.00 CRK, 19-15 Grand total for UNION BANK: 2,141.36 Page-1 apChkLst Final Check List Page: 2 03/04/2021 10:24:44AM CITY OF TEMECULA 2 checks in this report. Grand Total All Checks: 2,141.36 Paget Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: March 23, 2021 SUBJECT: Approve the City Treasurer's Report as of January 31, 2021 PREPARED BY: Rudy J. Graciano, Fiscal Services Manager RECOMMENDATION: That the City Council approve and file the City Treasurer's Report as of January 31, 2021. 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 January 31, 2021. FISCAL IMPACT: None ATTACHMENTS: City Treasurer's Report as of January 31, 2021 Investments City of Temecula Portfolio Managment Treasury Report 41000 Main Street Portfolio Management Temecula, 92590 g (951)694-6430 Portfolio Summary January 31, 2021 Par Market Book % of Days to YTM YTM Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts 36,843,480.55 36,843,480.55 36,843,480.55 23.66 1 1 0.161 0.163 Retention Escrow Account 737,023.18 737,023.18 737,023.18 0.47 1 1 0.062 0.063 Letter of Credit 2.00 2.00 2.00 0.00 1 1 0.000 0.000 Trust Accounts 15,980,850.96 15,980,850.96 15,980,850.96 10.26 1 1 6.372 6.460 Local Agency Investment Funds 90,138,159.92 90,342,892.34 90,138,159.92 57.89 1 1 0.452 0.458 Federal Agency Callable Securities 6,000,000.00 6,026,520.00 6,000,000.00 3.85 1,659 994 1.547 1.569 Federal Agency Bullet Securities 6,000,000.00 6,112,460.00 6,000,000.00 3.85 1,126 498 1.985 2.013 155,699,516.61 156,043,229.03 155,699,516.61 100.00% 108 58 1.090 1.105 Investments Cash Passbook/Checking 7,384,908.74 7,384,908.74 7,384,908.74 1 1 0.000 0.000 (not included in yield calculations) Total Cash and Investments 163,084,425.35 163,428,137.77 163,084,425.35 108 58 1.090 1.105 Total Earnings January 31 Month Ending Fiscal Year To Date Current Year Average Daily Balance Effective Rate of Return 149, 776.40 150,185,929.58 1.17% 1,968,099.52 149,295,681.22 2.24% Reporting period 01/01/2021-0113112021 Portfolio TEME Data Updated: SET_MTH: 03/08/2021 12:40 NL! CP Run Date: 03/08/2021 - 12:40 PM (PRF_PM1) 7.3.0 Report Ver. 7.3.6.1 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments January 31, 2021 Page 1 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 233358001-6 01-2 BOND F First Amer Govt Oblig Fund CI 5,511.13 5,511.13 5,511.13 0.030 0.030 0.030 1 233358006-6 01-2 REF RES First Amer Govt Oblig Fund CI 503,235.65 503,235.65 503,235.65 0.030 0.030 0.030 1 233358000-6 01-2 REF ST First Amer Govt Oblig Fund CI 115,830.94 115,830.94 115,830.94 0.030 0.030 0.030 1 276213009-6 03-02 COI First Amer Govt Oblig Fund CI 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 276213008-6 03-02 IMPR First Amer Govt Oblig Fund CI 978.90 978.90 978.90 0.030 0.030 0.030 1 276213006-6 03-02 RES First Amer Govt Oblig Fund CI 741,073.42 741,073.42 741,073.42 0.030 0.030 0.030 1 164741002-6 03-03 BOND F First Amer Govt Oblig Fund CI 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 164741008-6 03-031MP First Amer Govt Oblig Fund CI 194,084.99 194,084.99 194,084.99 0.030 0.030 0.030 1 164741006-6 03-03RES First Amer Govt Oblig Fund CI 409.14 409.14 409.14 0.030 0.030 0.030 1 164741000-6 03-03SPEC First Amer Govt Oblig Fund CI 217,402.53 217,402.53 217,402.53 0.030 0.030 0.030 1 164742002-6 03-06 BOND F First Amer Govt Oblig Fund CI 0.00 0.00 0.00 1.630 1.608 1.630 1 164742000-6 03-06SPEC First Amer Govt Oblig Fund CI 19,222.88 19,222.88 19,222.88 0.030 0.030 0.030 1 229462007-6 03-1 2012 RF First Amer Govt Oblig Fund CI 3.80 3.80 3.80 0.000 0.000 1 229462002--6 03-1 BOND FD First Amer Govt Oblig Fund CI 2,193.58 2,193.58 2,193.58 0.030 0.030 0.030 1 229462009-6 03-1 COI First Amer Govt Oblig Fund CI 0.00 0.00 0.00 0.000 0.000 1 229462006-6 03-1 RESERV First Amer Govt Oblig Fund CI 17,604.52 17,604.52 17,604.52 0.030 0.030 0.030 1 229462000-6 03-1 SPECF First Amer Govt Oblig Fund CI 125,988.70 125,988.70 125,988.70 0.030 0.030 0.030 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 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 94669917-6 03-1 RES First Amer Govt Oblig Fund CI 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 94669916-6 03-1 RESB11 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 0.80 0.80 0.80 0.000 0.000 1 276213000-6 03-2 SPEC First Amer Govt Oblig Fund CI 99,328.72 99,328.72 99,328.72 0.030 0.030 0.030 1 94686001-6 034ADMIN11 First Amer Govt Oblig Fund CI 0.00 0.00 0.00 0.060 0.059 0.060 1 94686005-6 034PREP11 First Amer Govt Oblig Fund CI 0.00 0.00 0.00 0.070 0.069 0.070 1 94686000-6 034RED11 First Amer Govt Oblig Fund CI 0.00 0.00 0.00 0.050 0.049 0.050 1 94686006-6 034RES11 First Amer Govt Oblig Fund CI 0.00 0.00 0.00 0.060 0.059 0.060 1 276213022-6 16-01 BOND F First Amer Govt Oblig Fund CI 3.23 3.23 3.23 0.000 0.000 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 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 276213028-6 16-01 IMP First Amer Govt Oblig Fund CI 6,722,558.57 6,722,558.57 6,722,558.57 0.030 0.030 0.030 1 276213026-6 16-01 RESERV First Amer Govt Oblig Fund CI 3,153,542.18 3,153,542.18 3,153,542.18 0.030 0.030 0.030 1 276213020-6 16-01 SPECF First Amer Govt Oblig Fund CI 309,267.93 309,267.93 309,267.93 0.030 0.030 0.030 1 218848001-6 2017A&B INT First Amer Govt Oblig Fund CI 4.80 4.80 4.80 0.000 0.000 1 218848008-6 2017ABPRIORP First Amer Govt Oblig Fund CI 17,955.33 17,955.33 17,955.33 0.030 0.030 0.030 1 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 1.25 1.25 1.25 0.000 0.000 1 Data Updated: SET _MTH: 03/08/2021 12:40 Run Date: 03/08/2021 - 12:40 Portfolio TEME NL! CP PM (PRF_PM2) 7.3.0 Report Ver. 7.3.6.1 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments January 31, 2021 Page 2 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 218848002-6 2017B PRIN First Amer Govt Oblig Fund Cl 989.20 989.20 989.20 0.030 0.030 0.030 1 218848009-6 2017B_PROJ First Amer Govt Oblig Fund Cl 13,120,440.43 13,120,440.43 13,120,440.43 0.030 0.030 0.030 1 233358009-6 233358009-6 First Amer Govt Oblig Fund Cl 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 94434160-6 RDA-021NT 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 RDA06APRIN First Amer Govt Oblig Fund Cl 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 RDA06BRES First Amer Govt Oblig Fund CI 0.00 0.00 0.00 0.940 0.927 0.940 1 107886020-6 RDA071NT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886021-6 RDA07PRIN First Amer Govt Oblig Fund Cl 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 Cl 0.00 0.00 0.00 0.940 0.927 0.940 1 136343008-6 RDA10APROJ First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 136343018-6 RDA10BPROJ First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 136343000-6 RDA10INT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 136343001-6 RDA10PRIN First Amer Govt Oblig Fund Cl 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 136343006-6 RDA10RSRV First Amer Govt Oblig Fund Cl 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 146161000-6 RDA11AINT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 146161001-6 RDA11APRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 94669902-3 03-1 BOND3 First American Treasury 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 02 INT1 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 94434161-2 RDA 02 PRIN2 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 136343018-2 RDA 10B CIP2 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 146161008-3 RDA11APROJ Federated Institutional Tax Fr 0.00 0.00 0.00 0.800 0.789 0.800 1 146161006-3 RDA11ARSRV Federated Institutional Tax Fr 07/01/2020 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 07/01/2020 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 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 164742000-5 03-06 SPEC Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669902-5 03-1 bond fd Federated Tax Free Obligations 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 94686001-5 034ADMIN11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94686005-5 034 PREP11 Federated Tax Free Obligations 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 Data Updated: SET _MTH: 03/08/2021 12:40 Run Date: 03/08/2021 - 12:40 Portfolio TEME NL! CP PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments January 31, 2021 Page 3 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 94686006-5 034 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 0.458 0.452 0.458 1 276213008-1 03-02 IMP CA Local Agency Investment Fun 8,792,162.06 8,792,162.06 8,792,162.06 0.458 0.452 0.458 1 164742006-1 03-06 RES-1 CA Local Agency Investment Fun 331,801.35 331,801.35 331,801.35 0.458 0.452 0.458 1 229462007-1 03-1 2012 RE CA Local Agency Investment Fun 813,970.38 813,970.38 813,970.38 0.458 0.452 0.458 1 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.458 0.452 0.458 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.458 0.452 0.458 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.458 0.452 0.458 1 164741006-1 0303-1 RES CA Local Agency Investment Fun 1,537,563.21 1,537,563.21 1,537,563.21 0.458 0.452 0.458 1 107886028-1 RDA 07 PRO-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.458 0.452 0.458 1 107886026-1 RDA 07 RES-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.458 0.452 0.458 1 136343018-1 RDA 10B CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.458 0.452 0.458 1 229462020-0 03-01 CASH USBANK 350.93 350.93 350.93 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 36,831,298.71 36,843,480.55 36,843,480.55 36,843,480.55 0.161 0.163 1 Retention Escrow Account PACIFIC PREMIER 20190607-882 PACIFIC PREMIER 0.00 0.00 0.00 0.000 0.000 1 218848050-0 2002 ESCROW USBANK 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 218848060-0 2006AESCRO USBANK 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 218848070-0 2006BESCRO USBANK 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 218848080-0 2007ESCROW USBANK 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 229462020-2 03-01 ESCROW U.S. Treasury 737,023.18 737,023.18 737,023.18 0.063 0.062 0.063 1 Subtotal and Average 736,678.03 737,023.18 737,023.18 737,023.18 0.062 0.063 1 Letter of Credit 218848006-1 2017B RESER ASSURED GUARANTY MUNICIPAL COR 07/01/2020 233358006-1 01-2 REFRESI ASSURANCE CO BOND INSURANCE 07/01/2020 Subtotal and Average 2.00 Trust Accounts 6746058700 PARS Pension US Bank Trust Subtotal and Average Local Agency Investment Funds SYSCITY CITY SYSRDA RDA SYSTCSD TCSD 16,019,708.07 CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun 1.00 1.00 2.00 15,980,850.96 15,980,850.96 1.00 1.00 0.000 0.000 1 1.00 1.00 0.000 0.000 1 2.00 2.00 0.000 0.000 1 15,980,850.96 15,980,850.96 15,980,850.96 6.460 6.372 6.460 1 15,980,850.96 6.372 6.460 1 40,053,636.22 40,144,610.76 40,053,636.22 0.458 0.452 0.458 1 1,887.42 1,891.71 1,887.42 0.458 0.452 0.458 1 50,082,636.28 50,196,389.87 50,082,636.28 0.458 0.452 0.458 1 Portfolio TEME Data Updated: SET _MTH: 03/08/2021 12:40 NL! CP Run Date: 03/08/2021 - 12:40 PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments January 31, 2021 Page 4 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Subtotal and Average 80,149,138.26 90,138,159.92 90,342,892.34 90,138,159.92 0.452 0.458 1 Federal Agency Callable Securities 3130ABYY6 01235 Federal Home Loan Bank 08/24/2017 1,000,000.00 1,001,070.00 1,000,000.00 1.750 1.726 1.750 23 02/24/2021 313OAKQ41 01258 Federal Home Loan Bank 01/28/2021 1,000,000.00 1,000,130.00 1,000,000.00 0.520 0.513 0.520 1,822 01/28/2026 3134GBGZ9 01232 Federal Home Loan Mtg Corp 04/27/2017 1,000,000.00 1,018,690.00 1,000,000.00 2.000 1.964 1.991 360 01/27/2022 3134GSMF9 01246 Federal Home Loan Mtg Corp 05/30/2018 1,000,000.00 1,009,210.00 1,000,000.00 3.000 2.959 3.000 844 05/26/2023 3134GU6D7 01253 Federal Home Loan Mtg Corp 01/28/2020 0.00 0.00 0.00 1.650 1.627 1.650 907 07/28/2023 3134GXJL9 01257 Federal Home Loan Mtg Corp 12/30/2020 1,000,000.00 996,710.00 1,000,000.00 0.500 0.493 0.500 1,793 12/30/2025 3136G41-11-5 01255 Federal National Mtg Assn 02/26/2020 1,000,000.00 1,000,710.00 1,000,000.00 1.650 1.627 1.650 1,120 02/26/2024 Subtotal and Average 6,000,000.00 6,000,000.00 6,026,520.00 6,000,000.00 1.547 1.569 994 Federal Agency Bullet Securities 3133EJT74 01249 Federal Farm Credit Bank 11/15/2018 1,000,000.00 1,023,350.00 1,000,000.00 3.050 3.008 3.050 287 11/15/2021 3133ELMA9 01254 Federal Farm Credit Bank 02/07/2020 1,000,000.00 1,030,800.00 1,000,000.00 1.420 1.401 1.420 917 08/07/2023 3133ELTU8 01256 Federal Farm Credit Bank 03/18/2020 1,000,000.00 1,021,000.00 1,000,000.00 0.920 0.907 0.920 1,141 03/18/2024 3130ADEB4 01240 Federal Home Loan Bank 01/12/2018 0.00 0.00 0.00 2.125 2.096 2.125 12 01/12/2021 3130ADSJ2 01244 Federal Home Loan Bank 03/08/2018 1,000,000.00 1,002,450.00 1,000,000.00 2.460 2.426 2.460 35 03/08/2021 3130AHF81 01251 Federal Home Loan Bank 10/25/2019 1,000,000.00 1,010,990.00 1,000,000.00 1.600 1.578 1.600 266 10/25/2021 3135GOU92 01250 Federal National Mtg Assn 01/11/2019 1,000,000.00 1,023,870.00 1,000,000.00 2.625 2.589 2.625 344 01/11/2022 Subtotal and Average 6,354,838.71 6,000,000.00 6,112,460.00 6,000,000.00 1.985 2.013 498 Total and Average 150,185,929.58 155,699,516.61 156,043,229.03 155,699,516.61 1.090 1.105 58 Data Updated: SET _MTH: 03/08/2021 12:40 Run Date: 03/08/2021 - 12:40 Portfolio TEME NL! CP PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Cash January 31, 2021 Page 5 Average Purchase Stated YTM YTM Days to CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Passbook/Checking Accounts 1453718479 WORKERS BANK OF AMERICA MERRILL LYNC 07/01/2020 2,364.57 2,364.57 2,364.57 0.000 0.000 1 SYSPetty Cash Petty Cash City of Temecula 07/01/2020 3,911.00 3,911.00 3,911.00 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 7,370,209.17 7,370,209.17 7,370,209.17 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2020 8,424.00 8,424.00 8,424.00 0.000 0.000 1 Average Balance 0.00 1 Total Cash and Investments Data Updated: SET _MTH: 03/08/2021 12:40 Run Date: 03/08/2021 - 12:40 150,185,929.58 163,084,425.35 163,428,137.77 163,084,425.35 1.090 1.105 58 Portfolio TEME NL! CP PM (PRF_PM2) 7.3.0 Cash and Investments Report CITY OF TEMECULA Through January 2021 Fund # Fund Name Beginning Balance Receipts Disbursements Fund Total 001 GENERAL FUND $ 32,039,701.59 $ 11,240,192.42 $ 9,720,758.99 $ 33,559,135.02 002 MEASURE S FUND 15,601,681.92 3,134,973.05 2,930.66 18,733,724.31 100 STATE GAS TAX FUND 450.91 - 450.91 102 RMRA-ROAD MAINTENANCE REHABILITATION ACT 2,176,049.49 196,559.42 2,372,608.91 103 STREETS MAINTENANCE FUND 1,457,038.20 2,818.10 1,459,856.30 106 JEFFERSON STREET IN LIEU FEES 892,364.98 1,726.54 894,091.52 107 CARES ACT 1,382,508.00 - 1,382,508.00 120 DEVELOPMENT IMPACT FUND 2,498,136.73 206,314.22 - 2,704,450.95 125 PEG PUBLIC EDUCATION & GOVERNMENT 462,577.70 848.74 689.15 462,737.29 145 TEMECULA ENERGY EFFICIENCY ASSET TEAM 198,290.30 383.63 - 198,673.93 150 AB 2766 FUND 73,795.84 71.94 73,867.78 160 SUPPLEMENTAL LAW ENFORCEMENT SERVICES - 8,466.41 8,466.41 161 TEMECULA MAJOR CRIMES REWARD FUND 27,107.86 52.44 - 27,160.30 165 AFFORDABLE HOUSING 1,907,173.74 128,736.09 12,077.67 2,023,832.16 170 MEASURE A FUND 7,260,197.48 311,888.49 83,212.41 7,488,873.56 190 TEMECULA COMMUNITY SERVICES DISTRICT - 2,046,706.90 1,703,718.00 342,988.90 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 178,379.65 328,728.95 490.47 506,618.13 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 199,514.36 4,538,827.00 4,273,859.17 464,482.19 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 28,258.51 2,787.18 - 31,045.69 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 336,837.48 131,096.61 22,893.25 445,040.84 197 TEMECULA LIBRARY FUND 283,822.01 778.03 27,593.75 257,006.29 198 PUBLIC ART 71,323.18 2,840.74 - 74,163.92 210 CAPITAL IMPROVEMENT PROJECT FUND 21,501,933.37 109,761.85 1,015,544.75 20,596,150.47 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 194,080.71 4.28 194,084.99 277 CFD-RORIPAUGH 8,921,242.84 15,827.18 8,937,070.02 278 CFD-RORIPAUGH II 6,722,410.19 148.38 - 6,722,558.57 300 INSURANCE FUND 1,198,566.34 2,161.25 52,839.20 1,147,888.39 305 WORKER'S COMPENSATION 2,214,149.67 4,497.09 14,141.60 2,204,505.16 310 VEHICLES AND EQUIPMENT FUND 1,676,003.41 3,313.63 874.46 1,678,442.58 320 INFORMATION TECHNOLOGY 1,560,416.24 1,781.83 457,631.61 1,104,566.46 325 TECHNOLOGY REPLACEMENT FUND 1,158,334.88 2,335.68 30,531.42 1,130,139.14 330 CENTRAL SERVICES 35,507.33 29.04 12,793.82 22,742.55 335 CENTRAL SERVICES 354,050.03 653.98 59,453.62 295,250.39 340 FACILITIES 257,939.32 1,928.26 79,980.08 179,887.50 350 FACILITY REPLACEMENT FUND 228,398.52 730.84 - 229,129.36 380 SARDA DEBT SERVICE FUND 10,210,793.04 3,053,598.97 128,740.00 13,135,652.01 381 REDEVELOPMEN PROPERTY TAX TRUST 1.00 3,885,489.77 3,053,146.23 832,344.54 460 CFD 88-12 DEBT SERVICE FUND 95,070.64 183.82 - 95,254.46 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 656,202.50 535,749.29 2,046.31 1,189,905.48 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,716,149.80 414,744.69 2,046.38 2,128,848.11 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 6,618.36 19.42 401.08 6,236.70 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 1,795,806.49 1,004,228.62 2,141.58 2,797,893.53 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 381,344.42 170,217.73 2,046.38 549,515.77 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 858,849.38 383,498.51 2,236.78 1,240,111.11 478 CFD-RORIPAUGH II 3,484,164.68 1,783,926.06 2,046.32 5,266,044.42 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD - 19,263.22 5,152.94 14,110.28 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 94,305.14 21,649.19 4,017.86 111,936.47 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 27,271.80 25,175.75 4,174.56 48,272.99 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 1,966.48 3,200.44 707.49 4,459.43 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 15,245.28 20,519.29 3,924.17 31,840.40 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 31,291.38 14,080.57 2,300.05 43,071.90 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 2,345.77 7,789.99 1,497.99 8,637.77 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 61,121.49 73,700.71 14,387.41 120,434.79 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 27,966.24 2,639.10 287.49 30,317.85 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 9,300.50 4,889.02 863.29 13,326.23 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 2,489.31 1,221.89 189.27 3,521.93 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 81,923.89 50,088.10 21,491.33 110,520.66 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP 16,357.15 17,901.73 3,267.90 30,990.98 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 5,450.69 7,983.43 1,382.33 12,051.79 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 7,463.19 4,717.77 1,036.77 11,144.19 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 47,380.27 19,526.62 2,374.14 64,532.75 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 1,226.81 999.54 196.63 2,029.72 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 23,745.08 50,037.00 9,999.44 63,782.64 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 76,686.02 30,141.39 9,941.86 96,985.55 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 171,569.70 92,335.24 16,964.84 246,940.10 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 150,582.39 119,999.80 25,843.47 244,738.72 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 8,439.48 2,174.51 391.78 10,222.21 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 19,167.18 4,130.01 1,259.26 22,037.93 524 SERVICE LEVEL"C"ZONE 24 HARVESTON - 86,333.92 19,549.49 66,784.43 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 53,108.58 22,846.61 5,153.31 70,801.88 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 813.38 988.00 188.99 1,612.39 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 5,021.59 4,667.87 881.89 8,807.57 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 615,415.30 124,396.24 22,719.92 717,091.62 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 2,701.84 1,579.51 247.08 4,034.27 530 SERVICE LEVEL"C"ZONE 30 FUTURE ZONES 36,172.41 69.94 - 36,242.35 701 PENSION RATE STABILIZATION FUND $ 16,021,003.31 - 40,152.35 $ 15,980,850.96 Grand Total: $ 149,920,323.83 $ 34,495,124.38 $ 20,987,310.44 $ 163,428,137.77 Journal Entries completed after December's Treasurer's Report was issued are reflected in the Receipts / Disbursements columns. Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: March 23, 2021 SUBJECT: Extend Terms of Board and Commission Members to Align with Calendar Year Service PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council extend the terms of six board and commission members whose terms are currently on a fiscal year to align with calendar year service. BACKGROUND: On October 8, 2019, the City Council approved a new appointment process for the City's various boards and commissions. As a part of that approval, the City Council agreed that the terms of office for members should be based on a fiscal year or a calendar year for overall ease of reference and consistency with the operations of the City. Currently only 6 of the 27 total board and commission terms are on a fiscal year service and the balance are on a calendar year service. In an effort to realize efficiencies in the recruitment and selection process for future board and commission members, and maximize community advertising efforts for the same, it is recommended that City Council extend the terms of the following six positions from June 30 to December 31 of the same year of the current terms: Old Town Local Review Board: Albert Blair and Ross Jackson (6/30/21 to 12/31/21) Planning Commission: Ron Guerriero and Gary Youmans (6/30/21 to 12/31/21) Planning Commission: John Telesio and Gary Watts (6/30/22 to 12/31/22) This effort is being undertaken with the consensus of affected staff including the department liaison. It is therefore recommended that the City Council extend the terms referenced above to align with calendar year service. FISCAL IMPACT: None ATTACHMENTS: None Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Greg Butler, Assistant City Manager DATE: March 23, 2021 SUBJECT: Approve the Fourth Amendment to Lease Agreement Between City of Temecula and Temecula Valley Convention & Visitors Bureau DBA Visit Temecula Valley PREPARED BY: Betsy Lowrey, Assistant to the City Manager RECOMMENDATION: That the City Council approve the fourth amendment to the lease agreement between the City of Temecula and the Temecula Valley Convention & Visitors Bureau DBA Visit Temecula Valley (VTV) and authorize the Assistant City Manager to execute the amendment. BACKGROUND: In mid -April 2020, and again in mid -June 2020, the City responded favorably to requests from VTV to ultimately waive rent through March 2021 due to significant decreases in revenues impacting VTV's cash flow as a result of the global COVID-19 pandemic. VTV had previously anticipated one year would be sufficient time to reopen and recover; however, the local tourism industry continues to be deeply impacted with now over 12 months of closures and restrictions to travel, entertainment venues, wineries, and lodging. An additional three-month extension of this waiver through June 2021 is recommended. As reported in the Midyear FY20-21 Budget Staff Report presented to the City Council on February 23, 2021, Transient Occupancy Tax revenue was further reduced by $560,774 to reflect the prolonged closure of hotels and motels due to the pandemic. Fortunately for the City, due to the current and former City Councils' leadership, prudent fiscal policies are in place so the City can weather this temporary financial impact to Transient Occupancy Tax Revenue. However, VTV's fiscal solvency relies solely on tourism revenue streams which include: a hotel based business improvement district assessment (City), a Wine Country Tourism Marketing District (County), and a Memorandum of Understanding with the Pechanga related to the Pechanga Resort and Casino. Each of these have been severely impacted by the State of California's ongoing Orders since March of 2020 in response to COVID-19. VTV experienced a 38% loss in revenue for 2020 over 2019. Like the City they have taken extreme measures to reduce expenses, including a 43% staff reduction comprised of 5 positions. While the State of California is showing signs to change metrics in order to loosen restrictions with the success of vaccines and decreasing COVID-19 cases, the tourism industry was the first to be shut down in March 2020, and will be the last to fully reopen and recover. Hotel occupancy continues to be down in 2021; February 2021 remains 18.3% lower than February 2020. VTV has never been considered an essential business by the State of California Executive and Public Health Orders, and as a result their corporate offices have not been able to be utilized since March 2020. VTV continues to focus/direct on marketing Temecula rather than using their limited resources on office space they are unable to occupy. There is no question, the primary driver of the local tourism economy is the marketing efforts of VTV. Our community has grown to depend on Visit Temecula Valley to expand this key industry sector, their efforts will be a key component of restarting this local economic engine. As stated in June 2020, the City Attorney's office has opined that granting such a waiver is permissible as it would be considered an Economic Development incentive geared toward reviving a key industry sector of the local economy. Staff is supportive of this request as the return on this "investment" will pay dividends in the long run with the robust recovery of the City's tourism economy. FISCAL IMPACT: In approving this amendment, the City would forego roughly $24,000 in rental revenue, plus roughly $3,000 in utility cost recovery. ATTACHMENTS: Fourth Amendment to VTV Lease Agreement FOURTH AMENDMENT TO OFFICE LEASE BETWEEN THE CITY OF TEMECULA AND TEMECULA VALLEY CONVENTION & VISITORS BUREAU DBA VISIT TEMECULA VALLEY This Fourth Amendment to Office Lease ("Fourth Amendment") Between the City of Temecula and Temecula Valley Convention & Visitors Bureau dba Visit Temecula Valley is made by and between the City of Temecula, a municipal corporation ("City" or "Landlord") and Temecula Valley Convention & Visitors Bureau, a California non-profit corporation, dba Visit Temecula Valley ("VTV" or "Tenant") and is effective on the date it is fully executed. The City and Tenant may be referred to below collectively as the "Parties". 1. RECITALS. This Fourth Amendment is made with respect to the following purposes and facts that the Parties acknowledge as true and correct: A. On February 13, 2018, the Parties entered into that certain Office Lease between the City of Temecula and Temecula Valley Convention & Visitors Bureau dba Visit Temecula Valley ("Office Lease") regarding the extension of the lease by Tenant of the Premises described in Exhibit "A" to a November 2009 Office Lease between the Parties, and authorizing Tenant to lease the Expansion Premises described in Exhibit "A" to the Office Lease pursuant to the terms and conditions of the Office Lease. B. Recital J of the Office Lease recognized the value of Tenant's operations to the City of Temecula and its residents and the value of having Tenant's offices located adjacent to City Hall within the tourism district of Old Town. C. On February 13, 2019, the Parties entered into that certain First Amendment to the Office Lease between the City of Temecula and Temecula Valley Convention & Visitors Bureau dba Visit Temecula Valley ("First Amendment") to amend Section 4.B. of the Office Lease to provide for up to $250,000.00 in reimbursement for the Tenant Improvements and to modify the Monthly Rent set forth at Section 5.A.1) of the Office Lease and the Security Deposit set forth in Section 5.C. of the Office Lease in consideration of the $50,000.00 increase in reimbursement for the Tenant Improvements. D. On May 5, 2020, the Parties entered into that certain Second Amendment to Office Lease between the City of Temecula and Temecula Valley Convention & Visitors Bureau dba Visit Temecula Valley ("Second Amendment"). Section 5.A.1) of the Office Lease provides for the payment of monthly rent set forth therein by Tenant on or before the first business day of each calendar month. The state of emergency declared by federal, state, and local governments in response to the public health impact of the novel coronavirus ("COVID-19") and closures of non -essential businesses impacted the tourism industry. The Second Amendment amended Section 5.A. of the Office Lease to add a new Section 5.A.2) to provide for the deferment of the monthly rent for a three-month period to assist Tenant during the COVID-19 public health crisis and to provide for the negotiation of the deferred rent. E. On July 14, 2020, the Parties entered into that certain Third Amendment to Office Lease between the City of Temecula and Temecula Valley Convention & Visitors Bureau dba Visit Temecula Valley ("Third Amendment"). Section 5.A.1) of the Office Lease provides for the payment of monthly rent set forth therein by Tenant on or before the first business day of each calendar month. The state of emergency declared by federal, state, and local governments in response to the public health impact of the novel coronavirus ("COVID-19") and closures of non- essential businesses impacted the tourism industry. The Third Amendment amended Section 5.A. of the Office Lease to add a new Section 5.A.2) to provide for the waiver of the monthly rent for a twelve-month period beginning April 1, 2020 to assist Tenant during the COVID-19 public -1- 11086-0111\2408821v2.doc REV 3.11.21 health crisis. The Third Amendment also waived Tenant's obligation to pay Tenant's reasonable prorated share of utilities contracted for by City, including electricity and gas ("City -contracted utilities") under Section 12 of the Office Lease for the same twelve-month period. The waiver had no impact on Tenant's obligation to pay any utilities not contracted for by the City, including phone and internet service. F. COVID-19 has greatly impacted the national, state, and local economies. COVID-19 public health concerns, State of California's Stay -at -Home Order issued in March 2020, and travel restrictions have impacted the tourism industry and tourism revenue streams on which Tenant relies, including a hotel -based business improvement district assessment (City), a Wine Country Tourism Marketing District (County), and a Memorandum of Understanding with the Pechanga related to the Pechanga Resort and Casino. There is uncertainty regarding how long the tourism sector will be affected by COVID-19. VTV experienced a 38% loss in revenue for 2020 over 2019 and a 43% staff reduction due to lost revenues. Hotel occupancy continues to be down in 2021; February 2021 remains 18.3% lower than February 2020. VTV has never been considered an essential business by the State of California Executive and Public Health Orders and, as a result, their leased offices have not been able to be utilized since March 2020. VTV continues to focus/direct on marketing Temecula rather than using their limited resources on office space they are unable to occupy. Based on this, Tenant has requested from City an additional waiver of rent and waiver of payment of any utilities that are contracted for by City for an additional three-month period commencing on April 1, 2021 to further assist in Tenant's recovery. Tenant will focus its efforts and direct its limited resources on marketing the Temecula area, including working on a Recover and Reopening Marketing Plan to help support the travel and leisure partners and the community. Tenant's marketing efforts fosters local tourism and will help in the local economic recovery. The waiver in rent and waiver of payment of utilities contracted for by City represents an economic development incentive aimed at reviving this key industry sector of the local economy. Accordingly, the City and Tenant wish to enter into this Fourth Amendment to (1) Amend Section 5.A.2) to the Office Lease to provide for an additional three-month waiver of rent and (2) Amend Section 12.A to provide for a waiver of payment of utilities contracted for by City for the same three-month period. NOW THEREFORE, in consideration of the terms and conditions of this Fourth Amendment, the City and Tenant agree to amend Sections 5.A.2) and Section 12.A of the Office Lease, subject to the terms and conditions set forth below. 2. AMENDMENT TO SECTION 5.A.2) OF OFFICE LEASE. The City and Tenant agree to amend and replace 5.A.2), so that Section 5.A.2) reads as follows: 5. RENT; ADJUSTMENTS; SECURITY DEPOSIT. A. Monthly Rent. 2) Based on the national, state, and local emergencies declared in connection with the COVID-19 public health crisis and resulting impacts to the economy and tourism industry, the Parties agree that the monthly rent specified in Section 5.A.1) shall be waived for a period of fifteen months, commencing with the rent due on April 1, 2020 ("Waived Rent"). Accordingly, based on the Waived Rent, the next monthly rent in accordance with Section 5.A.1) shall be due on July 1, 2021. 3. AMENDMENT TO SECTION 12 OF OFFICE LEASE. The City and Tenant agree to amend Section 12 of the Office Lease titled "UTILITIES; HVAC" by amending Section 12.A. to read as follows: -2- 11086-0111\2408821v2.doc 12. UTILITIES; HVAC. City will provide and pay for water and trash pick-up. Tenant will obtain and pay for all other utilities, including gas, electricity, internet service, and phone service. Tenant will pay Tenant's reasonable prorated share of utilities contracted for by City (including electricity and gas), as determined by City, on a monthly basis within ten days after City gives written notice to Tenant of the amount due. A. Waiver of Payment of City -Contracted Utilities. In accordance with the Waived Rent provision of Section 5.A.2), City waives Tenant's obligation to pay Tenant's reasonable prorated share of utilities contracted for by City, including electricity and gas ("City - contracted utilities") under Section 12 of the Office Lease for a fifteen -month period, commencing April 1, 2020 and ending June 30, 2021. Tenant's obligation to pay the City -contracted utilities pursuant to Section 12 of the Office Lease will resume on July 1, 2021. This Section 12.A. has no impact on Tenant's obligation to pay any utilities not contracted for by the City, including phone and internet service. 4. NO OTHER CHANGES. Except for the changes specifically set forth in this Fourth Amendment, all other terms and conditions of the Office Lease, as amended by the First Amendment, Second Amendment, and Third Amendment will remain in full force and effect. -3- 11086-0111\2408821v2.doc IN WITNESS WHEREOF, the Parties have executed this Fourth Amendment as of the date set forth below: City/Landlord: CITY OF TEMECULA, a municipal corporation Dated: , 2021 By: Greg Butler, Assistant City Manager ATTEST: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney TEMECULA VALLEY CONVENTION & VISITORS BUREAU, a California nonprofit corporation, dba Visit Temecula Valley Dated: la Print Name: Title: Dated: By: Print Name: Title: go .2021 2021 MSY 03-16-2021 11086-0111\2408821v2.doc Item No. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Assistant City Manager DATE: March 23, 2021 SUBJECT: Approve the First Amendment to the Disposition and Development Agreement with Alitra, LLC for the Disposition of Property Located on the NE Corner of Rancho California Road and Diaz Road (APN: 951-021-089) and a Portion of Diaz Road PREPARED BY: Christine Damko, Economic Development Manager RECOMMENDATION: That the City Council approve the First Amendment to the Disposition and Development Agreement (DDA) with Alitra, LLC for the disposition and hotel development of the property located on the NE corner of Rancho California Road and Diaz Road (APN: 951-021-089) and a portion of Diaz Road (Old Alignment). BACKGROUND: The subject site, also known as the Rancho Cal/Diaz Property is a 3.64-acre remnant parcel as a result of the Diaz Road realignment project. In fall 2017, a local hotel owner/operator, Mr. Michael Patel of Alitra, LLC presented the City with a Letter of Interest to purchase the subject property to build a hotel. Mr. Patel is also interested in utilizing a portion of the old Diaz Road alignment as buildable space, which the City would need to vacate. Mr. Patel owns and operates several Marriott brand hotels in the Temecula Valley. The Council approved a DDA to facilitate the development with Alitra, LLC on March 26, 2019. Alitra LLC opened escrow and deposited $50,000 into the account pursuant to the DDA's schedule of performance and in good faith of moving forward with the development and purchasing the property. Alitra, LLC continued to actively engage and work with the City Planning and Public Works Departments in development conversations on architecture and site plan layout. In spring of 2020, COVID-19 spurred a worldwide economic and development shutdown causing Alitra to temporarily halt development conversations and planning, which ultimately caused Altria LLC to miss some of the Performance Deadlines listed in Exhibit B of the DDA. Following a closed session briefing on February 23, 2021, the Council was supportive of amending the DDA and revising the performance dates. The property is currently zoned Service Commercial (SC) which does not permit hotels. To accommodate a hotel at this location, a General Plan Amendment and Rezone is required. Alitra, LLC is aware of these requirements and must secure these approvals prior to close of escrow. Temecula has a strong tourism industry and as such, it has also created a strong economy and fiscal foundation for the City. Travel spending in the Temecula Valley reached over $1 B with over 3 million visitors in 2019. A hotel at this location creates another opportunity for continued support of the City's tourism sector. FISCAL IMPACT: There is no fiscal impact associated with approval of the Amendment of the Disposition and Development Agreement. Under the terms of the DDA, Alitra, LLC has already made an initial deposit of $10,000 to cover actual expenses incurred by the City and has deposited $50,000 into an escrow account. ATTACHMENTS: 1. Disposition and Development Agreement 2. First Amendment the Disposition and Development Agreement DISPOSITION AND DEVELOPMENT AGREEMENT by and between the CITY OF TEMECULA and ALITRA, LLC, California limited liability company 11086-0001 \2203193v5. doc DISPOSITION AND DEVELOPMENT AGREEMENT THIS DISPOSITION AND DEVELOPMENT AGREEMENT (the "Agreement") is dated as of March 26 , 2019 and is entered into by and between the CITY OF TEMECULA (the "City"), and ALITRA, LLC, a California limited liability company ("Developer"). RECITALS A. City believes it owns the land described on Exhibit "A" and improvements thereon (the "Property"). B. Developer desires to acquire the Property from City for the purpose of developing a hotel (the "Project"). A material inducement to the City to enter into this Agreement is the agreement by Developer to develop the Project as provided herein. AGREEMENT NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants contained in this Agreement, the parties hereto agree as follows: 1. DEFINITIONS. 1.1 Definitions. The following capitalized terms used in this Agreement shall have the meanings set forth below: 1.1.1 "Agreement" means this Disposition and Development Agreement. 1.1.2 "Approved Title Exceptions" is defined in Section 2.4.1. 1.1.3 "Building Permit" means, collectively, any and all permits necessary to grade the Land and construct the Project that would be issued by the City. 1.1.4 "City" means the City of Temecula, a municipal corporation. 1.1.5 "City Manager" means the City Manager of the City (currently Aaron Adams). 1.1.6 "Close of Escrow" is defined in Section 2.3. 1.1.7 "Default" is defined in Section 5.1. 1.1.8 "Deposit" is defined in Section 2.2. 1.1.9 "Disapproved Title Exceptions" is defined in Section 2.4.1. 1.1.10 "Escrow" is defined in Section 2.3. -1- 1108 6-0001 \2203193 v 5. do c 1.1.11 "Escrow Holder" means First American Title Company at 3400 Central Avenue, Suite 100, Riverside, CA 92506. 1.1.12 "FIRPTA Affidavit" is defined in Section 2.9.1.3. 1.1.13 "Force Majeure Delay" is defined in Section 5.7. 1.1.14 "Grant Deed" is defined in Section 2.4.2. 1.1.15 "Hazardous Materials" means any chemical, material or substance now or hereafter defined as or included in the definition of hazardous substances, hazardous wastes, hazardous materials, extremely hazardous waste, restricted hazardous waste, toxic substances, pollutant or contaminant, imminently hazardous chemical substance or mixture, hazardous air pollutant, toxic pollutant, or words of similar import under any local, state or federal law or under the regulations adopted or publications promulgated pursuant thereto applicable to the Land, including, without limitation: the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq. ("CERCLA"); the Hazardous Materials Transportation Act, as amended, 49 U.S.C. 1801, et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq.; and the Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901, et seq. ("RCRA") The term Hazardous Materials shall also include any of the following: any and all toxic or hazardous substances, materials or wastes listed in the United States Department of Transportation Table (49 CFR 172.101) or by the Environmental Protection City as hazardous substances (40 CFR. Part 302) and in any and all amendments thereto in effect as of the Close of Escrow Date; oil, petroleum, petroleum products (including, without limitation, crude oil or any fraction thereof), natural gas, natural gas liquids, liquefied natural gas or synthetic gas usable for fuel, not otherwise designated. as a hazardous substance under CERCLA; any substance which is toxic, explosive, corrosive, reactive, flammable, infectious or radioactive (including any source, special nuclear or by product material as defined at 42 U.S.C. 2011, et seq.), carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority; asbestos in any form; urea formaldehyde foam insulation; transformers or other equipment which contain dielectric fluid containing levels of polychlorinated byphenyls; radon gas; or any other chemical, material or substance (i) which poses a hazard to the Land, to adjacent properties, or to persons on or about the Land, (ii) which causes the Land to be in violation of any of the aforementioned laws or regulations, or (iii) the presence of which on or in the Land requires investigation, reporting or remediation under any such laws or regulations. 1.1.16 "Holder" is defined in Section 4.2. 1.1.17 "Improvements" means all buildings, landscaping, infrastructure, utilities, and other improvements to be built on the Land, as described in the Scope of Development. 1.1.18 "Land" means the land described on Exhibit "A" attached hereto. 1.1.19 "Party" means any party to this Agreement, and "Parties" means all parties to this Agreement. -2- 11086-000112203193v5. doc 1.1.20 "Permitted Exceptions" is defined in Section 2.4.2. 1.1.21 "Plans and Specifications" means all drawings, landscaping and grading plans, engineering drawings, final construction drawings, and any other plans or specifications for construction of the Project. 1.1.22 "Project" means the Land and Improvements. 1.1.23 "Project Budget" is defined in Section 2.5.2. 1.1.24 "Purchase Price" is defined in Section 2.1. 1.1.25 "Released Parties" is defined in Section 2.8.3. 1.1.26 "Schedule of Performance" means the schedule attached hereto as Exhibit `B". 1.1.27 "Scope of Development" means the description attached hereto as Exhibit "C". 1.1.28 "Title Company" shall mean the Escrow Holder (i.e., the Title Company and the Escrow Holder are the same). 1.1.29 "Transfer" is defined in Section 4.1. 1.1.30 "Transferee" is defined in Section 4.1.2. 1.1.31 "Withholding Affidavit" is defined in Section 2.9.1.2. 2. PURCHASE AND SALE OF THE PROPERTY; PURCHASE PRICE; DEPOSIT. - 2.1 Purchase and Sale; Purchase Price. In accordance with and subject to the terms and conditions hereinafter set forth, the City agrees to sell the Land to Developer, and Developer agrees to purchase the Land from the City. The purchase price for the Land to be paid by Developer (the "Purchase Price") shall be the fair market value of the Land based on an appraisal (or appraisal update) obtained by City from a reputable MAI appraiser at Developer's cost that is dated no earlier than six (6) months prior to the Closing Date which will riot take into account any general plan amendment or change of zoning after the date of this Agreement that is applied for, paid for and processed by Developer. (Developer shall reimburse the City for the costs of the appraisal or appraisal update, as applicable, within ten (10) days after written demand and as an additional condition to the City's obligation to close the sale of the Land.) Notwithstanding anything to the contrary contained herein, the Close of Escrow shall not occur until such time as the Closing Conditions, as defined in Section 2.7 hereof, have been satisfied (or waived in writing). 2.2 Deposit. Within ten (10) business days after the date this Agreement is executed by the City and delivered to Developer, the Developer shall deposit the sum of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) with Escrow Holder (together with all -3- 1108 6-0001 \2203193 v 5. do c interest thereon, the "Initial Deposit"). On or before the date that is one hundred and twenty (120) days after the date of this Agreement, Owner shall deposit an additional FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) with Escrow Holder (together with all interest thereon, the "Subsequent Deposit"). The Initial Deposit and Subsequent Deposit are hereinafter collectively referred to as the "Deposit". The Deposit shall be held by Escrow Holder in an interest bearing account. The Deposit shall be credited to the Purchase Price at the Close of Escrow. In the event the Close of Escrow does not occur due to a default by Developer, the Deposit shall be delivered to and retained by the City as liquidated damages for such default. If this Agreement is terminated by Developer pursuant to its terms prior to the Close of Escrow, then the Deposit shall be returned to Developer. DEVELOPER AND CITY AGREE THAT BASED UPON THE CIRCUMSTANCES NOW EXISTING, KNOWN AND UNKNOWN, IT WOULD BE IMPRACTICAL OR EXTREMELY DIFFICULT TO ESTABLISH CITY'S DAMAGES BY REASON OF A DEFAULT BY DEVELOPER PRIOR TO THE CLOSE OF ESCROW. ACCORDINGLY, DEVELOPER AND CITY AGREE THAT IN THE EVENT OF A DEFAULT BY DEVELOPER PRIOR TO THE CLOSE OF ESCROW, CITY SHALL BE ENTITLED TO THE DEPOSIT AS QQUIDATED DAMAGES. AD Developer Initials: City Initials: taer 2.3 Opening and Closing of Escrow. Within five (5) busi ess days the Date this Agreement is executed by the City and delivered to Developer, the City and the Developer shall cause an escrow (the "Escrow") to be opened with Escrow Holder for the sale of the Property by the City to Developer. The Parties shall deposit with Escrow Holder a fully executed duplicate original of this Agreement as the escrow instructions for the Escrow. The City and Developer shall provide such additional instructions as shall be necessary and consistent with this Agreement. Provided that each of the conditions to closing described in Section 2.7 have been satisfied, Escrow shall close (the "Close of Escrow") on or before the date that is eighteen (18) calendar months after the date of this Agreement, subject to extension for up to six (6) months by the City Manager in writing. If the Close of Escrow does not occur by such date, any party not then in default may terminate this Agreement by written notice to the other and all the funds and documents deposited with Escrow Agent shall be promptly refunded or returned, as the case may be, by Escrow Agent to the depositing party, except that all escrow and title cancellation fees shall be paid by the party in default. 2.4 Condition of Title; Title Insurance. 2.4.1 Title Exceptions; Survey. Developer hereby approves title exceptions 1, 2, 3, 7, 12, 13, 14, 17, 19, 20 and 27 in the March 2, 2018 preliminary report, as amended. Developer's approval or disapproval of other title exceptions in such preliminary report shall occur during the Due Diligence Period (defined in Section 2.8.2) based on their location as shown on the survey hereinafter described. Upon the execution of this Agreement, Developer may cause an ALTA survey ("Survey") to be performed within thirty (30) days and shall promptly deliver a copy of the Survey to the City together with any objections (if any) to title exceptions 4, 6, 8-11, 15, 16, 18, 21, 25 and 26 shown on the Survey. Failure to timely object in writing to any such exceptions shall be deemed approval. City shall have ten (10) business days after delivery by Developer to City of a written objection to such a title exception to notify Developer in writing that City will: (a) remove one or more of the applicable survey exception(s) or cause them to be removed by the end of the Due Diligence Period (as defined in -4- 11086-0001 \2203193 v 5. doc Section 2.8.2 below) or reasonably insured over by the Title Company; (b) decline to remove exceptions (or to cause them to be reasonably insured). Failure by City to so notify Developer shall be deemed to be City's election not to remove or otherwise address the applicable title exception(s). If City notifies Developer that City will remove (or cause to be removed) one or more of such title exceptions, then City shall do so on or before the Close of Escrow (unless this Agreement is terminated by Developer under this Section or Section 2.8.2 below). If City fails to so notify Developer as to any exception, or declines to remove or insure over title exceptions, then Developer may terminate this Agreement by written notice to City. If Developer fails to so terminate this Agreement, Developer shall be deemed to have approved and accepted the applicable survey exceptions (which, together with any title exceptions in the PTR that have been approved by Developer and any title exception created by Developer, are hereinafter referred to as the "Approved Survey Exceptions"). As used herein, the term "Disapproved Title Exceptions" shall mean any survey exceptions that City has agreed to remove, cause to be removed or cause to be "insured over" and Items 5, 22 (i.e., City will vacate that portion of Diaz Road as condition to closing), 23 (i.e., City will vacate portions of Diaz Road as condition to closing), 28 and 29 of the PTR. 2.4.2 At the Close of Escrow, the City shall convey title to the Land to Developer by grant deed in the form attached hereto as Exhibit "D" (the "Grant Deed"). Title to the Land shall be conveyed subject to: (i) non -delinquent current real property taxes and assessments not yet due for the tax year during which theconveyance occurs, (ii) all Approved Title Exceptions, and (iii) the terms of this Disposition and Development Agreement, as referenced in the Grant Deed (collectively, the "Permitted Exceptions"). 2.5 City Conditions to Close of Escrow. The obligation of the City to close Escrow shall be subject to the satisfaction (or express written waiver by the City Manager) of each of the following conditions (collectively, the "City Conditions"): 2.5.1 The City Planning Commission and the City Council shall have issued their written approval of Developer's application for a development plan for a hotel development on the Project. 2.5.2 Developer shall have submitted to the City Manager, and the City Manager shall have approved, a comprehensive project budget, showing line items for each type of expenditure and the applicable sources of funds (the "Project Budget"), together with an audited financial statement (or other evidence in a form satisfactory to the City) demonstrating that the Developer has sufficient additional capital funds (i.e., "equity") available and is committing such funds to pay all of the costs of development of the Project (the "Project Budget"). 2.5.3 The Developer shall have submitted to the City Manager a description of the legal and ownership structure of the Developer and any assignee (and its organizational documents) and the City Manager shall have approved such entity and documents. 2.6 Developer Conditions to Close of Escrow. The obligations of the Developer to close escrow shall be subject to the satisfaction (or waiver by Developer) of the following conditions (the "Developer Conditions"): -5- 11086-0001 \2203193v5. doc 2.6.1 There shall have been no change to the physical condition of the Property and no new title exceptions after the date of the PTR that, in either case, would materially and adversely affect the development, use or operation of the Project. 2.6.2 The representation of the City contained in Section 7.2 of this Agreement being true and correct. 2.6.3 The delivery by City of all documents and funds required to be delivered pursuant to Section 2.9 hereof. 2.6.4 The Title Company shall have committed to issue at the Close of Escrow an owner's title insurance policy, with any extended coverage and endorsements requested by Developer, showing fee simple title to the Land vested in Developer (or Developer's assignee as permitted by this Agreement), subject only to the exceptions in the PTR other than Disapproved Title Exceptions (and City shall have vacated Diaz Road to the extent necessary to cause Items 5, 22 and 29 of the PTR to be removed from and not included as exceptions in such owner's title policy). 2.6.5 City shall have performed, observed and complied with all covenants, agreements and conditions required by this Agreement to be performed, observed and complied with on its part prior to or as of the Close of Escrow. 2.6.6 The City Planning Commission and the City Council shall have issued their written approval of Developer's application for a development plan for a hotel development on the Project. 2.6.7 The City shall have approved all entitlements (including a general plan amendment) for the Project. 2.6.8 The Rancho California Business Park shall have issued all required written approvals of Developer's Plans and Specifications. 2.6.9 The, City shall have. approved and recorded a lot line adjustment adding Parcel 2 (vacated portion of Diaz Road) to Parcel 1 (as described in the PTR). 2.7 Costs; Escrow Holder Settlement Statement. 2.7.1 Developer shall be solely responsible for all costs and expenses related to the Survey, the costs of extended title insurance coverage and any title insurance endorsements (other than those obtained by City to "insure -over" a title exception), and fifty percent (50%) of the Escrow fees. City shall be responsible for the other fifty percent (50%) of the Escrow Fees, the costs of the standard Owner's policy of title insurance, documentary transfer taxes, and any endorsements obtained by City to "insure -over" title exceptions. 2.7.2 Escrow Holder is authorized on the Close of Escrow to pay and charge the Developer for any fees, charges and costs payable under Section 2.7.1 above as set forth on the settlement statements approved by the Parties. Before such payments are made, Escrow Holder shall notify the City and Developer of the fees, charges, and costs necessary to Moll 11086-0001 \2203193v5. doc close under the Escrow, by delivering draft settlement statements to the Parties,for their mutual approval. 2.8 Condition of the Property. 2.8.1 "As -Is" Sale. Developer acknowledges and agrees that, except as expressly set forth herein, Developer is acquiring the Land in its "AS IS" condition, WITH ALL FAULTS, IF ANY, AND, EXCEPT AS EXPRESSLY SET FORTH HEREIN, WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED and neither City nor any agents, representatives, officers, or employees of City have made any representations or warranties, direct or indirect, oral or written, express or implied, to Developer or any agents, representatives, or employees of Developer with respect to the condition of the Land, its fitness for any particular purpose, or its compliance with any laws, and Developer is not aware of and does not rely upon, any such representation to any other party. Except as expressly set forth herein, neither City nor any of its representatives is making or shall be deemed to have made any express or implied representation or warranty, of any kind or nature, as to (a) the physical, legal or financial status of the Land, (b) the Land's compliance with applicable laws, (c) the accuracy or completeness of any information or data provided or to be provided by City, or (d) any other matter relating to the Land. 2.8.2 Delivery of Document by City, Inspections by Developer; Due Diligence Period. Within ten (10) business days after the date of this Agreement, City shall deliver to Developer copies of all material, non -privileged documents in the possession of City that pertain to the Property (the "Documents"). Upon the execution of this Agreement until the date that is one hundred and twenty (120) days after the date of this Agreement (the "Due Diligence Period"), Developer and its contractors and consultants who are designated in writing to City ("Developer Designee's") shall have the right to enter onto the Property (without disturbing any occupants thereof), for the purpose of performing the Survey (in the first thirty days), hazardous materials inspections, soils inspections and other physical inspections and investigations; provided, however, that: (a) Developer shall deliver copies of all inspection reports to City; (b) no inspections or investigations shall damage. the Property or any improvements thereon or shall be "invasive" unless the City has received a plan describing the scope of the inspection or investigation and has approved such plan in writing, which approval shall not be unreasonably withheld; (c) Developer shall immediately repair all damage caused by or related to its inspections; and (d) neither Developer nor any of Developer's Designees shall enter the Property unless Developer has provided City reasonable written evidence (such as insurance certificates and/or copies of policies) that the activities of Developer and the Developer Designees are covered by reasonable liability insurance naming City as an additional insured. Developer shall defend, indemnify and hold City harmless from and against any and all claims, liabilities, losses, damages, costs and expenses (including, without limitation, attorneys' fees and cost) resulting from the entry onto the Property for such purposes or for purposes of performing the Survey. If Developer (acting in good faith) disapproves any condition of the Property or any Document, or (within the first thirty days) the title exceptions described in Section 2.4.1 plotted on the Survey, then Developer may terminate this Agreement by written notice to City given on or prior to the end of the Due Diligence Period that describes the basis for the disapproval. -7- 11086-0001 \2203193v5. doc 2.8.3 Releases and Waivers. Developer acknowledges and agrees that in the event Developer does not approve of the condition of the Property under Section 2.8.2, Developer's sole right and remedy shall be to terminate this Agreement under and in accordance with Section 2.8.2. Consequently, Developer hereby waives any and all objections to or complaints regarding the Land and its condition, including, but not limited to, federal, state or common law based actions and any private right of action under state and federal law to which the Land is or may be subject, including, but not limited to, CERCLA (as. defined in Section 1.1.19), RCRA (as defined in Section 1.1.19), physical characteristics and existing conditions, including, without limitation, structural and geologic conditions, subsurface soil and water conditions and solid and hazardous waste and Hazardous Materials on, under, adjacent to or otherwise affecting the Land. Developer further hereby assumes the risk of changes in applicable laws and regulations relating to past, present and future environmental conditions on the Land and the risk that adverse physical characteristics and conditions, including, without limitation, the presence .of Hazardous Materials or other contaminants, may not have been revealed by its investigations. Developer and anyone claiming by, through or under Developer also hereby waives its right to recover. from and fully and irrevocably releases City and its council members, board members, employees, officers, directors, representatives, agents, servants, attorneys, successors and assigns ("Released Parties") from any and all claims, responsibility and/or liability that it may now have or hereafter acquire against any of the Released Parties for any costs, loss, liability, damage, expenses, demand, action or cause of action arising from or related to (i) the condition (including any defects, errors, omissions or other conditions, latent or otherwise, and the presence in the soil, air, structures and surface and subsurface waters of materials or substances that have been or may in the future be determined to be Hazardous Materials or otherwise toxic, hazardous, undesirable or subject to regulation and that may need to be specially treated, handled and/or removed from the Land under current or future federal, state and local laws regulations or guidelines), valuation, salability or utility of the Land, or its suitability for any purpose whatsoever, and (ii) any information furnished by the Released Parties under or in connection with this Agreement. This release includes claims of which Developer is presently unaware or which Developer does not presently suspect to exist which, if known by Developer, would materially affect Developer's release to City. Developer specifically waives the provision of California Civil Code Section 1542, which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR EXPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN TO HIM MUST HAVE MATERIALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR." In this connection and to the extent permitted by law, Developer hereby agrees, represents and warrants that Developer realizes and acknowledges that factual matters now unknown to it may have given or may hereafter give rise to causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which are presently unknown, unanticipated and unsuspected, and Developer further agrees, represents and warrants that the waivers and releases herein have been negotiated and agreed upon in light of that realization and -8- 11086-0001 \2203193 v5. doe that Developer nevertheless hereby intends to release, discharge and acquit Released Parties from any such unknown causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which might in any way be included as a material portion of the consideration given to City by Developer in exchange for City's performance hereunder. Developer hereby agrees that, if at any time after the Close of Escrow any third party or any governmental agency seeks to hold Developer responsible for the presence of, or any loss, cost or damage associated with, Hazardous Materials in, on, above or beneath the Land or emanating therefrom, then Developer waives any rights it may have against City in connection therewith, including, without limitation, under CERCLA (as defined in Section 1.1.19 and Developer agrees that it shall not (i) implead the City, (ii) bring a contribution action or similar action against City, or (iii) attempt in any way to hold City responsible with respect to any such matter. The provisions of this Section 2.8.3 shall survive the Close of Escrow. City has given Developer material concessions regarding this transaction in exchange for Developer agreeing to the provisions of this Section 2.8.3. City and Developer have each initialed this Section 2.8.3 to further indicate their awareness and acceptance of each and every provision hereof. CITY' AL DEVELOPER'S INITIAL$. 2.8.4 tnvirY mental Indemnity. From or after the Close of Escrow, Developer shall indemnify, protect, defend and hold harmless the City, and the City's officials, officers, attorneys, employees, consultants, agents and representatives, from and against any and all claims, liabilities, suits, losses, costs, expenses and damages, including but not limited to attorneys' fees and costs, arising directly or indirectly out of any claim for loss or damage to any property, including the Land, injuries to or death of persons, or for the cost of cleaning up the Land and removing Hazardous Materials or toxic substances, materials and waste therefrom, by reason of contamination or adverse effects on the environment, or by reason of any statutes, ordinances, orders, rules or regulations of any governmental entity or agency requiring the clean up of any Hazardous Materials caused by or resulting from any Hazardous Material, or toxic substances or waste existing on or under, any portion of the Land acquired by Developer. 2.9 Deposits into Escrow by City. 2.9.1 The City hereby covenants and agrees to deliver to Escrow Holder prior to the Close of Escrow the following instruments and documents, the delivery of each of which shall be a condition of the Close of Escrow: 2.9.1.1 A Grant Deed duly executed by the City and acknowledged, in the form attached hereto as Exhibit "D". 2.9.1.2 If required by Escrow Holder, the affidavit as contemplated by California Revenue and Taxation Code 590 ("Withholding Affidavit"). 2.9.1.3 If required by Escrow Holder, a Certification of Non Foreign Status in accordance with I.R.C. Section 1445 (the "FIRPTA Certificate'). W 11086-0001 \2203193 v 5. doc 2.9.1.4 If one ore more construction loans to Developer is/are also closing, reasonable subordination agreement(s) subordinating City's right of reversion to the deed(s) of trust securing such loan(s), duly executed by the City and acknowledged ("Subordination Agreement(s)"). 2.9.1.5 Such proof of the City's authority and authorization to enter into this transaction as the Title Company may reasonably require in order to issue Developer's policy of title insurance. 2.10 Deposits into Escrow by Developer. 2.10.1 The Developer hereby',covenants and agrees to deliver to Escrow Holder prior to the Close of Escrow the following instruments and documents duly executed and acknowledged where appropriate, the delivery of each of which shall be a condition of the Close of Escrow: 2.10.1.1 The Purchase Price less the Deposit plus Buyer's share of closing and title insurance costs. 2.11 Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: (i) The Title Company can issue in favor of Developer an owner's Policy of Title Insurance, with liability equal to the Purchase Price (or such lesser amount as shall have been requested by Developer), showing the Land vested in Developer subject only to the Permitted Title Exceptions. (ii) The City and the Developer shall have deposited in Escrow the documents and funds required pursuant to Sections 2.9 and 2.10, and Developer shall have deposited in Escrow the Purchase Price. (iii) The City and Developer have confirmed to Escrow Holder that all City Conditions and Developer Conditions have been satisfied or expressly waived in writing by the Party benefited thereby. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of Developer's title insurance policy. 2.12 Escrow's Closing` Actions. On the Close of Escrow, Escrow Holder shall: 2.12.1 Record the Grant Deed and the Subordination Agreement(s) (if any), in the Official Records of Riverside County; 2.12.2 Issue the Title Policy (or cause the Title Company to issue the Title Policy); -10- 11086-0001 \2203193v5. doc 2.12.3 Prorate assessments, rents, and other charges as of the Close of Escrow in accordance with the settlement statements approved by the Parties and pay the costs shown thereon; 2.12.4 From funds deposited by Developer, pay the Purchase Price to City (less costs payable by City as shown on the approved Settlement Statement) by wire transfer (as instructed in writing by City), and return any excess to Developer; 2.12.5 Prepare and deliver to both Developer and the City one signed copy of Escrow Holder's settlement statement showing all receipts and disbursements of the Escrow; and 2.12.6 If applicable, deliver the FIRPTA Certificate and the Withholding Affidavit to Developer. 3. DEVELOPMENT COVENANTS. 3.1 Development of the Project. Developer shall develop the Improvements on the Land in accordance with the Scope of Development, the Schedule of Performance, all requirements of any and all applicable federal, state and local laws, rules and regulations (including any conditions of approval required by the City in its governmental capacity), the Plans and Specifications, and all other terms, conditions and requirements of this Agreement. Developer shall comply with the Schedule of Performance in a timely manner, provided that the obligations of Developer set forth therein which are to be performed after the Close of Escrow shall be delayed by Force Majeure Delays, if applicable. Until a Certificate of Completion is issued, the Developer shall promptly provide the City with written, detailed progress reports, as reasonably requested by the City, regarding the status of the construction of the Improvements. 3.2 City's Right to Review Plans and Specifications. In connection with construction of the Project, Developer shall comply in all respects with Plans and Specifications approved by the City in its proprietary capacity. The City in its proprietary capacity shall have the right to review all Plans and Specifications for the Improvements prior to their submission to the City in its governmental capacity to ensure that the Improvements are constructed in accordance with the Scope of Development and the other applicable provisions of this Agreement. 3.3 Costs of Entitlement Development and Construction. The Developer agrees that all costs, expenses and fees associated with the development and construction of the Project including the costs for developing and constructing the Improvements thereon (including, but not limited to, the land acquisition costs and governmental permits and approvals) shall be borne by Developer. 3.4 Local, State and Federal Laws. Developer shall carry out the construction of the Improvements on the Land in conformity with all applicable federal, state and local laws, including all applicable federal and state occupation, safety and health standards. 3.5 City and Other Governmental City Permits and Approvals. Before commencement of construction or development of any work of improvement on the Land, -11- 11086-0001 \2203193v5. doc Developer shall (at Developer's expense) secure, or cause to be secured, any and all permits which may be required by the City or any other governmental agency having jurisdiction over such construction or development. 3.6 No Discrimination During Construction. Developer, for itself and its successors and assigns, agrees that it shall not discriminate against any employee or applicant for employment because of age, sex, marital status, race, handicap, color, religion, creed, ancestry, or national origin in the construction of the Improvements. 3.7 Taxes, Assessments, Encumbrances and Liens. Developer shall pay when due all real property taxes and assessments assessed or levied on portions of the Land from time to time owned by Developer, commencing immediately after closing of the land acquisition. 3.8 No Agency Created. In performing this Agreement, Developer is an independent contractor and not the agent of the City. The City is not an agent of Developer. The City shall not have any responsibility whatsoever for payment to any contractor or supplier of Developer or its contractors. Developer shall not have any responsibility whatsoever for payment to any contractor or supplier of the City. 4. LIMITATIONS ON TRANSFERS AND SECURITY INTERESTS. 4.1 Restriction on Transfer of Developer's Rights and Obligations. Prior to issuance of a final Certificate of Occupancy for the Project, Developer shall not sell, assign, transfer, mortgage, lease (except for space leases conditioned upon Project completion), hypothecate, or convey (collectively, a "Transfer") the Project or any part thereof or any of Developer's rights or obligations hereunder, or agree to do so, or transfer fifty percent (50%) or more of the ownership interests in Developer in a single transaction or series of transactions, without the City's prior written consent, which consent may be granted or withheld in the City's sole and absolute discretion, except for the execution of one or more deeds of trust and related instruments securing Developer's construction loan, a conveyance of the Land resulting from the foreclosure thereof (or a deed in lieu of such a foreclosure). Developer acknowledges that the identity of Developer is of particular concern to the City, and it is because of Developer's identity that the City has entered into this Agreement with Developer. Except for any Transferee approved by the City pursuant to this Section 4.1, and except for any Holder (defined in Section 4.2) that has taken possession of the Land, no voluntary or involuntary successor in interest of Developer shall acquire any rights or powers under this Agreement prior to the issuance of a final Certificate of Occupancy. No transfer or assignment of Developer's interest hereunder without the City's prior written approval shall be deemed to release Developer from the obligations of Developer hereunder. 4.2 Holders of Deeds of Trust. Notwithstanding any provisions of Section 4.2 to the contrary, Developer shall have the right to hypothecate its interest in the Land and the Project pursuant to one or more deeds of trust from one or more lenders, for the purpose of securing loans of funds to be used for financing the direct and indirect costs of the Project (including land development costs, reasonable and customary developer fees, loan fees and costs, and other normal and customaryproject costs), or for refinancing the construction financing with permanent financing. Any lender of record holding any such deed of trust, whose name and address shall have been provided by Developer to City referred to herein as a "Holder." -12- 11086-0001 \2203193v5. doc 4.3 Rights of Holders. The City shall deliver a copy of any notice or demand to Developer concerning any breach or default by Developer under this Agreement to each Holder who has previously made a written request to the City for special notice hereunder. Any notice of breach or default by Developer shall not be effective against any such Holder unless given to such Holder. Such Holder shall have the right at its option to cure or remedy any such default and to add the cost thereof to the secured debt and the lien of its security interest. If such breach or default can only be remedied or cured by such Holder upon obtaining possession, such Holder may remedy or cure such breach or default within a reasonable period of time after obtaining possession, provided such Holder seeks possession with diligence through a receiver or foreclosure. Such Holder shall not undertake or continue the construction or completion of the Improvements beyond the extent necessary to conserve or complete the Improvements. 4.4 Noninterference with Holders. The provisions of this Agreement do not limit the right of Holders (a) to foreclose or otherwise enforce any mortgage, deed of trust, or other security instrument encumbering all or any portion of the Land, and the Improvements thereon, (b) to pursue any remedies for the enforcement of any pledge or lien encumbering such portions of the Land, or (c) to accept, or cause its nominee to accept, a deed or other conveyance in lieu of foreclosure or other realization. In the event of (i) a foreclosure sale under any such mortgage, deed of trust or other lien or encumbrance, (ii) a sale pursuant to any power of sale contained in any such mortgage or deed of trust, or (iii) a deed or other conveyance in lieu of any such sale, the purchaser or purchasers and their successors and assigns, and such portions of the Land shall be, and shall continue to be, subject to all of the conditions, restrictions and covenants of all documents and instruments recorded pursuant to this Agreement, including, without limitation, the restrictions set forth in the grant deed on such property from the City to Developer. The City agrees to execute such further documentation regarding the rights of any Holder as is customary with respect to construction or permanent financing, as the case may be, to the extent that such documentation is reasonably requested by any Holder and is reasonably approved by the City Manager. 4.5 Right of City to Cure. - In the event of a default or breach by the Developer of a loan by a Holder prior to the completion of the Improvements, the City may, upon prior written notice to the Developer, cure the default, prior to the completion of any foreclosure. In such event the City shall be entitled to reimbursement from the Developer of all costs and expenses incurred by the City in curing the default. The City shall also be entitled to a lien upon the Land or any portion thereof to the extent of such costs and disbursements. The City agrees that such lien shall be subordinate to any lien in favor of a Holder, and the City shall execute from time to time any and all documentation reasonably requested by the Developer to effect such subordination. 4.6 Right of City to Satisfy Other Liens. After the Close of Escrow and after the Developer has had a reasonable time to challenge, cure, or satisfy any liens or encumbrances on the Land or any portion thereof, and has failed to do so, in whole or in part, the City shall, upon prior written notice to the Developer, have the right to satisfy any such lien or encumbrances; however, nothing in this Agreement shall require the Developer to pay or make provision for the payment of any tax, assessment, lien or charge so long as the Developer in good faith shall contest the validity or amount therein and so long as such delay in payment shall not subject the Land or any portion thereof to forfeiture or sale. -13- 11086-0001\2203193v5.doc 5. DEFAULT, REMEDIES AND TERMINATION. 5.1 Defaults. The occurrence of any or all of the following shall constitute a default ("Default") under this Agreement: 5.1.1 Developer's failure to perform its obligations on a timely basis as contained in the Schedule of Performance (as extended pursuant to Section 5.7 or under Section 8.12 below), or any breach of this Agreement by any Party involving the payment of money, and the continuance of such breach for a period of ten (10) days after the non -defaulting Party has given written notice to the defaulting Party; 5.1.2 Except as otherwise provided in Section 5.1.1 hereof, a breach of any material term of this Agreement by any Party not involving the payment of money and failure of such Party to cure such breach within thirty (30) days after the non -defaulting Party has given written notice to the defaulting Party; provided, however, if such breach is not reasonably curable within such thirty (30) day period, then such Party shall be deemed in Default only if such Party does not commence to cure such breach within such thirty (30) day period and thereafter fails to diligently prosecute such breach to completion; 5.1.3 Developer's violation of Section 4.1; 5.1.4 Developer's failure or refusal to keep in force and effect any material permit or approval with respect to construction of the Project, and Developer's failure to cure such breach within thirty (30) calendar days after notice from the City of. Developer's breach; provided, however, if such breach is not reasonably curable within such thirty (30) day period, then Developer shall be deemed in Default only if Developer does not commence to cure such breach within such thirty (30) day period and thereafter fails to diligently prosecute such breach to completion; or 5.1.5 Filing of a petition in bankruptcy by or against any Party or appointment of a receiver or trustee of any property of any Party, or an assignment by any Party for the benefit of creditors, or adjudication that such Party is insolvent by a court, and the failure of such Party to cause such petition, appointment, or assignment to be removed or discharged within ninety (90) days. below. 5.1.6 The failure to comply with any of the requirements of Section 6 5.2 Remedies. 5.2.1 Remedies Prior to the Close of Escrow. In the event of a Default by any Party prior to the Close of Escrow, the non -defaulting Party shall have the right to terminate this Agreement (provided it is not in Default of its obligation under this Agreement), by delivering written notice thereof to the defaulting Party. Such Party may seek against the defaulting Party any available remedies at law or equity, including but not limited to, the right to receive damages (excluding damages for lost profits) or to pursue an action for specific performance. -14- 11086-0001\2203193v5.doc 5.2.2 Remedies for Default After the Close of Escrow. In the event of a Default by any Party after the Close of Escrow, a non defaulting party shall be entitled to the following remedies, as applicable: (i) A defaulting Party shall be liable to the non defaulting Party for all damages, costs and losses incurred by the non defaulting Party, and the non defaulting Party may seek against the defaulting Party any available remedies at law or equity, including but not limited to the right to receive damages or to pursue an action for specific performance; and (ii) Prior to the issuance of the final Certificate of Occupancy, the City shall have the following right of reversion in the event that that Developer fails to comply with any of the deadlines in the Schedule of Performance (as extended by Force Majeure Delays or under Section 8.12 below). If Developer fails to to comply with any of the deadlines in the Schedule of Performance (as extended by Force Majeure Delays or under Section 8.12 below), the City may terminate this Agreement and reenter and take possession of the Land and all Improvements thereon, and revest in the City title to the Property theretofore conveyed to the Developer (or its successors in interest) and the Improvements, take any and all actions necessary to commence and complete the enforcement of its reversionary interest, and in such event the Developer agrees to promptly take all actions and to execute all documents necessary to revert title to the Land and Improvements to the City free and clear of all liens and encumbrances created by or with the consent of Developer. Although Developer has represented to City that Developer has sufficient committed and available equity funds to pay for all costs of the Project (and it is a condition to close of escrow that reasonably evidence such committed equity funds and a project budget be delivered to and approved by the City Manager), if Developer nevertheless obtains one or more construction loan(s), the City will execute and deliver a duly acknowledged subordination agreement(s) in a reasonable form to subordinate its rights of reversion to the construction loan deed(s) of trust if required by the lender. Upon re -vesting in the City of title to the Land and Improvements as provided in this Section, the City shall, use good faith efforts to resell the same pursuant to a disposition and development agreement, and upon any such resale, the proceeds thereof shall be applied as follows: 1. First, to reimburse the City for any payment made by City to any holder of a lien on the Project or any parties thereof or interest therein to cause such lien to be released or reconveyed; 2. Second, to reimburse the City for all costs and expenses incurred by the City, including but not limited to salaries of personnel and legal fees incurred in connection with the recapture, management, and resale of the Land and Improvements and (but less any income derived by the City from any part of the Land in connection with such management); all taxes, installments of assessments payable prior to resale, and applicable water and sewer charges -15- 11086-0001 \2203193 v 5. doc with respect to the Land and Improvements or any portion thereof; and expenditures made or obligations incurred with respect to the making or completion of the Project; and any amounts otherwise owed to the City by the Developer. 3. Third, to reimburse the City for other damages by reason of the Developer's default. 4. Fourth, to reimburse the Developer for: (a) The lesser of the reasonable cost or the fair market value of the improvements the Developer has placed on the Land or applicable portion thereof at the Developer's cost (i.e., using equity and not loan funds); less (b) The gains or income withdrawn or made by the Developer from the Land and Improvements. 5. Fifth, any balance remaining after such reimbursements shall be retained by the City as its property. , 5.3 No Speculation. The rights established in this Article are to be interpreted in light of the fact that the City will convey the Land to Developer for development and operation of the Project thereon and not for speculation in undeveloped land or for construction of different improvements. 5.4 No Personal Liability. No representative, agent, attorney, consultant, or employee of the City shall personally be liable to the Developer or any successor in interest of Developer, in the event of any Default or breach by the City, or for any amount which may become due to Developer or any successor in interest, on any obligation under the terms of this Agreement. No representative, agent, attorney, consultant, or employee of the Developer shall personally be liable to the City or any successor in interest of City, in the event of any Default or breach by the Developer, or for any amount which may become due to City or any successor in interest, on any obligation under the terms of this Agreement. 5.5 Rights and Remedies are Cumulative. The rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same time or different times, of any other rights or remedies for the same default or any other default by the non -defaulting Party; provided, however, that liquidated damages specified herein shall constitute the sole damages recoverable for the default giving rise to such liquidated damages. 5.6 Inaction Not a Waiver of Default. Any failures or delays by either Party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive either such Party of its rights to institute and -16- 11086-0001 \2203193v5. doc maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. The acceptance by a Party of less than the full amount due from the other party shall not constitute a waiver of such Party's right to demand and receive the full amount due, unless such Party executes a specific accord and satisfaction. 5..7 Force Majeure. Following the Close of Escrow, and notwithstanding anything to the contrary in this Agreement, nonperformance shall be excused when performance is prevented or delayed by reason of any of the following forces reasonably beyond the control of such party (a "Force Majeure Delay"): (i) failure to perform by Developer attributable to any strike, lockout or other labor or industrial disturbance (whether or not on the part of the employees of either party hereto), civil disturbance, future order claiming jurisdiction; act of the public enemy, war, riot, sabotage, blockade, embargo, inability to secure customary materials, supplies or labor through ordinary sources by reason of regulation or order of any government or regulatory body; and (ii) delay attributable to severe weather, lightning, earthquake, fire, storm, hurricane, tornado, flood, washout, explosion, or any other cause beyond the reasonable control of the party from whom performance is required, or any of its contractors or other representatives. Any prevention, delay or stoppage due to any Force Majeure Delay shall excuse the performance of the party affected for a period of time equal to any such prevention, delay or stoppage (except the obligations of either party to pay money to the other party or to close escrow) provided that the Party claiming the Force Majeure Delay notifies the other Party of the Force Majeure Delay within a reasonable time (not to exceed ten business days) after the commencement of the Force Majeure Delay. 6. INSURANCE; INDEMNITY. 6.1 Insurance. 6.1.1 From and after the Close of Escrow and for so long as title to the Land has not reverted to by the City, Developer shall obtain and maintain at no cost or expense to the City, with a reputable and financially responsible insurance company reasonably acceptable to the City, (i) after the opening of the Project for business, commercially reasonable casualty insurance for the Improvements in an amount not less than the replacement cost of the Improvements (subject to commercially reasonable deductibles) with a reasonable inflation rider; (ii) commercial broad form general liability insurance, insuring against claims and liability for bodily injury, death, or property damage arising from the construction, use, occupancy, condition, or operation of the Land, which liability insurance shall provide combined single limit protection of at least $5,000,000 and shall include a reasonable inflation rider, contractual liability coverage and products and completed operations coverage, and (iii) commercial automobile liability insurance of at least $1,000,000 combined single limit. Such liability insurance policies shall name the City and their council members, board members, officers, agents and employees as additional insureds. 6.1.2 Before commencement of any demolition or construction work by Developer on any portion of the Land owned by Developer, Developer shall obtain and maintain in force until completion of such work (i) "all risk" builder's risk insurance, including coverage for vandalism and malicious mischief, in a form and amount and with a company reasonably acceptable to the City, and (ii) workers' compensation insurance covering all persons employed by Developer in connection with work on the Project, or any portion thereof. During the -17- 11086-0001 \2203193v5. doc construction of Improvements on any portion of the Land by Developer, such builder's risk insurance shall cover improvements in place and all material and equipment at the job site furnished under contract, but shall exclude contractors', subcontractors', and construction managers' tools and equipment and property owned by contractors' and subcontractors' employees. 6.1.3 Each architect and each engineer engaged by Developer shall provide professional liability insurance with a limit of liability of at least One Million Dollars ($1,000,000.00). 6.1.4 Developer shall also furnish or cause to be furnished to the City evidence satisfactory to the City that any contractor with whom it has contracted for the performance of work on the Land or otherwise pursuant to this Agreement carries workers' compensation insurance as required by law. 6.1.5 With respect to each policy of insurance required above, Developer and each of Developer's general contractors, engineers and architects shall furnish to the City a certificate on the insurance carrier's form setting forth the general provisions of the insurance coverage promptly after written request by City showing the additional insureds. The certificate shall also be furnished by Developer prior to commencement of construction of any Improvements. 6.1.6 All such policies required by this Section shall contain (i) language to the effect that the policies cannot be cancelled or materially changed except after thirty (30) days' written notice by the insurer to the City, and (ii) a waiver of the insurer of all rights of subrogation against the City and the other additional insureds. All such insurance shall have deductibility limits which shall be commercially reasonable. 6.2 Indemnity. From and after the execution of this Agreement, --Developer hereby agrees to indemnify, defend, protect, and hold harmless the City (as a third party beneficiary) and any and all agents, employees, representatives, council members, board members, consultants, and officers of the City, from and against all losses, liabilities, claims, damages (including foreseeable or unforeseeable consequential damages), penalties, fines, forfeitures, costs and expenses (including all reasonable out of pocket litigation costs and reasonable attorneys' fees) and demands of any nature whatsoever, related directly or indirectly to, or arising out of or in connection with: (i) the validity of this Agreement under the California Environmental Quality Act; (ii) the development and construction by Developer of the Improvements on the Land or the use, ownership, management, occupancy, or possession of the Land during Developer's period of ownership of the Land; (iii) any breach or Default by Developer hereunder (subject to any liquidated damages provisions otherwise contained in this Agreement); -18- 11086-0001 \2203193 v5. doc (iv) any of Developer's activities on the Land (or the activities of Developer's agents, employees, lessees, representatives, licensees, guests, invitees, contractors, subcontractors, or independent contractors on the Land), regardless of whether such losses and liabilities shall accrue or are discovered before or after termination or expiration of this Agreement, except to the extent such losses or liabilities are caused by the gross negligence or willful misconduct of the City. The City may in its discretion, and at their own cost, participate in the defense of any legal action naming the City. The provisions of this Section shall survive the Close of Escrow or the termination of this Agreement; or (v) any claims by any broker, salesperson or finder based on their discussions with Developer or agreement with Developer. 7. REPRESENTATIONS AND WARRANTIES. 7.1 Developer Representations. Developer represents and warrants to the City as of the date of this Agreement and as of the Close of Escrow that: (i) Developer is a limited liability company validly existing and in good standing under the laws of the State of California. (ii) Developer has duly authorized the execution and performance of this Agreement and the execution and performance of all of the closing documents set forth herein. (iii) Developer's execution and performance of this Agreement and the closing documents will not violate any provision of the Developer's operating/LLC agreement or any deed of trust, lease, contract, agreement, instrument, order, judgment or decree by which Developer is bound. (iv) The Developer has engaged a broker with respect to the purchase of the Land contemplated herein, and shall pay all commissions due such broker. 7.2 City Representation. The City hereby represents and warrants to the Developer that the City has not engaged a broker with respect to the purchase of the Land as contemplated herein. Developer shall be solely responsible for any payments due any broker engaged by Developer. GENERAL PROVISIONS. 8.1 Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return -receipt requested, or by reputable overnight messenger. Notices shall be considered given upon the earlier of (a) one business day following deposit or delivery with a nationally recognized overnight courier delivery charges prepaid, or (b) upon delivery or attempted delivery as shown on the return receipt if sent by certified mail. Notices shall be addressed as provided below for the respective Party; provided that if any Party gives notice in writing of a change of name or address, notices to such Parry shall thereafter be given as demanded in that notice: -19- 1108 6-0001 \2203193 v 5. do c City: City of Temecula 41000 Main Street Temecula, CA 92590 Attri. City Manager Developer: Alitra, LLC 3001 E. Andy Devine Ave. Kingman, AZ 86401 Attn: Tarisha Patel 8.2 Construction. The Parties agree that each Party and its counsel have reviewed and revised this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. 8.3 Interpretation. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association where ever the context so requires. Unless otherwise required by a specific provision of this Agreement, time hereunder is to be computed by excluding the first day and including the last day. If the date for performance falls on a Saturday, Sunday, or legal holiday, the date for performance shall be extended to the next business day. All references in this Agreement to a number of days in which either party shall have to consent approve or perform shall mean calendar days unless specifically stated to be business days. 8.4 Time of the Essence. Time is of the essence of this Agreement. 8.5 Warrant Against Payment of Consideration for Agreement. Developer warrants that it has not paid or given, and will not pay or give, to any third person, any money or other consideration for obtaining this Agreement, other than normal costs of conducting business and costs of professional services such as architects, engineers and attorneys, and payment by Developer to its own broker. 8.6 Attorneys' Fees. If any Party brings an action to enforce the terms hereof or declare its rights hereunder, the prevailing Party in any such action shall be entitled to its reasonable attorneys' fees to be paid by the losing Party as fixed by the court. If the City is made a party to any litigation instituted by or against Developer or to any litigation attacking the validity of this Agreement based on CEQA, then Developer shall indemnify and defend the City against, and save them harmless from, all costs, expenses (including reasonable attorneys' fees), claims, liabilities, damages and losses incurred by the City in connection with such litigation provided, however, that in no event shall the Developer be obligated to pay any damages awarded to any person or entity that result from the gross negligence or willful misconduct of the City., 8.7 Entire Agreement. This Agreement, together with all attachments and exhibits hereto, and all agreements executed pursuant hereto, constitutes the entire understanding W112 11086-000 1\2203193v5. doc and agreement of the Parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the Parties with respect to the subject matter hereof. 8.8 Severability. Each and every provision of this Agreement is, and shall be construed to be, a separate and independent covenant and agreement. If any term or provision of this Agreement or the application thereof shall to any extent be held to be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to circumstances other than those to which it is invalid or unenforceable, shall not be affected hereby, and each term and provision of this Agreement shall be valid and shall be enforced to the extent permitted by law. 8.9 No Third Party Beneficiaries. This Agreement is made and entered into for the sole benefit of the Parties, and there are no third party beneficiaries of this Agreement. No other person shall have any right of action based upon any provision of this Agreement. 8.10 Governing Law-, Jurisdiction; Service of Process. This Agreement and the rights of the Parties shall be governed by California law. The Parties consent to the exclusive jurisdiction of the California Superior Court for the County of Riverside. If any legal action is commenced by Developer against the City, or by City against Developer, service of process on the City shall be made by personal service upon the City Manager of the City, or in such other manner as may be provided by law. If any legal action is commenced by City against Developer, service of process on Developer shall be made by personal service on Niranjan D. Patel, Esq., 18000 Studebaker Road, Suite 700, Cerritos, CA 90703, or in such other manner as may be provided by law. 8.11 Survival. The provisions hereof shall not merge into, but rather shall survive, any conveyance hereunder (including, without limitation, the delivery and recordation of the Grant Deed) and the delivery of all consideration. 8.12 City Actions. In addition to any provisions of this Agreement that gives the City Manager the authority to make decisions and grant approvals, the City hereby authorizes the City Manager to execute and deliver such documents, approvals, consents as are contemplated by this Agreement, waive requirements under this Agreement, and modify this Agreement, on behalf of the City provided that the applicable waiver or modification is not substantial (i.e., does not change the fundamental business transaction between the Developer and the City, as determined by the City Manager in his reasonable discretion). The City Manager may also extend the Close of Escrow deadline for up to six (6) months, if such extension is in. writing and is executed by Developer as well as City Manager. Nothing herein shall obligate the City Manager to act in any way or to comply with any standard of "good faith", and the City Manager may in his or her sole and absolute discretion, refer any matter to. the City Council for approval. 8.13 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed as original but all of which together shall constitute one and the same instrument. -21- 11086-0001 \2203193v5. doc 8.14 Electronic Delivery. This executed Agreement may be delivered electronically by email/PDF to christine.damko@temecula.ca.org for the City and to Mike. PatelAami-pcm.com for the Developer. IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the day and year first above written. DEVELOPER: CITY: ALITRA, LLC, CITY OF TEMECULA a California limit li ility company By: By: Tarkha Patel, i chael S. N ggar, Mayor Manager and Member AT ST- Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney -22- 11086-0001 \2203193 v 5. doc EXHIBIT "A" LEGAL DESCRIPTION OF LAND Real property in the City of Temecula, County of Riverside, State of California, described as follows: PARCEL 1: (APN: 921-021-89) BEING A PORTION OF PARCEL "A" OF LOT LINE ADJUSTMENT. NO. PA 93-0155 RECORDED AUGUST 5, 1993, AS INSTRUMENT NUMBER 305484, FILED IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY STATE OF CALIFORNIA, LYING EASTERLY OF THE EASTERLY LINES OF PARCELS "A" AND "B" AS DESCRIBED IN RESOLUTION NO. 08-115 OF THE CITY OF TEMECULA RECORDED DECEMBER 19, 2008 AS INSTRUMENT NO. 0663660 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHERLY MOST CORNER OF PARCEL 1 OF PARCEL MAP 19580 AS SHOWN ON A MAP FILED IN BOOK 154, PAGES 92 THROUGH 96 INCLUSIVE, RECORDS OF SAID COUNTY, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY OF DIAZ ROAD (OLD ALIGNMENT, 50 FEET IN HALF. WIDTH) AS SHOWN ON SAID PARCEL MAP 19580; THENCE SOUTH 180 25' 35" EAST, ALONG SAID WESTERLY RIGHT-OF-WAY (OLD ALIGNMENT), A DISTANCE OF 42.76 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 180 25' 35" EAST, CONTINUING ALONG SAID WESTERLY RIGHT-OF- WAY, A DISTANCE OF 659.57 FEET TO AN ANGLE POINT THEREON AS SHOWN ON SAID PARCEL MAP 19580; THENCE SOUTH 230 45' 52" WEST, ALONG SAID WESTERLY RIGHT-OF-WAY A DISTANCE OF 30.92 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF RANCHO CALIFORNIA ROAD AS SHOWN ON SAID PARCEL MAP 19580, SAID POINT ALSO BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1411.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 240 01' 54" EAST; THENCE WESTERLY, ALONG SAID CURVE AND SAID NORTHERLY RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 140 22' 42", AN ARC DISTANCE OF 354.09 FEET TO AN ANGLE POINT IN THE EASTERLY RIGHT-OF-WAY OF DIAZ ROAD (NEW ALIGNMENT) AS DESCRIBED IN SAID RESOLUTION 08-115 AND ALSO SHOWN ON A RECORD OF SURVEY FILED IN BOOK 131, PAGES 67 THROUGH 68 INCLUSIVE, RECORDS OF SAID COUNTY; THENCE NORTH 510 13' 50" WEST, ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 59.50 FEET TO THE BEGINNING OF A NON -TANGENT CURVE A-1 11086-0001 \2203193v5. doc CONCAVE EASTERLY AND HAVING A RADIUS OF 800.00 FEET A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 890 43' 06" WEST; THENCE NORTHERLY ALONG SAID CURVE AND SAID EASTERLY RIGHT-OF-WAY, THROUGH A CENTRAL ANGLE OF 19° 50' 07", AN ARC DISTANCE OF 276.95 FEET; THENCE NORTH 190 33' 12" EAST, ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 301.93 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 900 FEET; THENCE NORTHERLY ALONG SAID CURVE AND SAID EASTERLY RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 10° 42' 49", AN ARC DISTANCE OF 168.29 FEET TO THE TRUE POINT OF BEGINNING. SAID LEGAL DESCRIPTION IS PURSUANT TO CERTIFICATE OF COMPLIANCE NO. PA09-351 RECORDED DECEMBER 21, 2009 AS INSTRUMENT NO. 2009-0653765 AND RERECORDED JANUARY 5, 2010 AS INSTRUMENT NO. 2010-0002429 BOTH OF OFFICIAL RECORDS OF SAID COUNTY. PARCEL 2: [NO APN AVAILABLE (NOT ASSESSED)] THAT PORTION OF DIAZ ROAD (OLD ALIGNMENT), 100' WIDE, LYING NORTHEASTERLY OF THE NORTHEASTERLY LINE OF PARCEL 1 DESCRIBED ABOVE. 11086-000 1\2203193v5, doc EXHIBIT "B" SCHEDULE OF PERFORMANCE This Schedule of Performance requires the submission of plans or other documents at specific times.. Some of the submissions are not described in the text of the Agreement. Such plans or other documents, as submitted, must be complete and adequate for review by the City or other applicable governmental entity when submitted. Prior to the time set forth for each particular submission, the Developer shall consult with City staff informally as necessary concerning such submission in order to assure that such submission will be complete and in a proper form within the time for submission set forth herein. Action Date / Deadline Items 1-11 Relate to Developer Actions and Requirements Prior to the Close of Escrow 1. Opening of Escrow. The Parties shall open escrow with the Escrow Holder. Within five (5) business days after the execution and delivery of the DDA. 2. Developer Deposit. The Developer shall Within ten (10) business days after the City's deposit the Developer Deposit with execution and delivery of the DDA. Escrow Holder. Items 3 — 7 Relate to the Conveyance of the Land and Developer Actions and Requirements After the Close of Escrow 3. Close of Escrow. The Developer shall No later than eighteen (18) calendar months after purchase the Land from the City. the date of this Agreement (subject to extension only under Section 8.12 of this Agreement). 4. Commencement of Construction. No later than 30 days after the Close of Escrow. Developer shall substantially commence the Improvements. 5. Completion of Grading. Developer shall Not later than 120 days following the Close of substantially complete the grading for Escrow. the Project. 6. Commencement of Vertical Not later than 210 days following the Close of Construction. Developer shall Escrow. commence vertical construction. 7. Completion. The Project shall be No later than 30 calendar months after the Close completed. of Escrow. I� 11086-0001 \2203193v5. doe EXHIBIT "C" SCOPE OF DEVELOPMENT A six story, 130 room, boutique type hotel with a modern/contemporary design. This destination hotel will include a unique rooftop restaurant and bar offering panoramic views of the Temecula Valley and surrounding vineyards. The roof top restaurant and bar will be a partially open and partially covered venue to ensure year round access. It will be designed with an energy efficient footprint and an eye towards future technological advances. The parking lot will be well appointed with electric car charging stations powered by solar panels to the extent technology allows. Additional solar panel arrays will help reduce reliance on carbon based energy sources and support the valley's clean environment. Landscaping will be specifically designed for maximum water efficiency and will take advantage of the latest in Xeriscape principles. The eco-friendly theme will extend to the operational design of the hotel as well. The hotel will utilize energy efficient architectural cues, recycle where possible, and present the minimum carbon footprint possible. C-1 11086-0001 \2203193v5. doc EXHIBIT "D" FORM OF GRANT DEED RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO, AND MAIL TAX STATEMENTS TO: APN(s): (Space above for Recorder's Use) Exempt From Recording Fee Per Government Code Section 27383 Documentary transfer tax is $ , based on the full value of the property conveyed. GRANT DEED The undersigned grantor(s) declare(s): FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF TEMECULA "Grantor") hereby GRANTS to ("Grantee") the land (the "Land") located in the City of Temecula, County of Riverside, State of California described on Exhibit "A". SUBJECT TO, all matters of record and all matters visible upon inspection. 1. This grant of the Land is subject to the terms of a Disposition and Development Agreement entered into by and between Grantor and Grantee dated as of , 2019 (the "Agreement") the terms of which are incorporated herein by reference (and which include maintenance covenants, as well as the matters described in Section 2 and 3 below). A copy of the Agreement is available for public inspection at the offices of the Grantor at 41000 Main Street, Temecula, California 92590. 2. As provided in, and subject to the provisions contained in, Section 5.2.2 of the Agreement, the Grantor shall have the right, at its option, to reenter and take possession of the Land hereby conveyed, with all improvements thereon and to terminate and revest in Grantor the Land hereby conveyed to the Grantee (or its successors in interest). 3. The Grantee covenants, for itself and its successors and assigns, that prior to the issuance of the Certificate of Occupancy for the Project (as defined in the Agreement), and except as may be expressly permitted by the Agreement, there shall be no sale, transfer, assignment, conveyance, lease, pledge or encumbrance of the DDA, or the Land and the Improvements thereon or any part thereof, or of ownership interests in the Grantee in violation of the DDA, which contains restrictions on the assignment of the DDA, the transfer of interests in the Land. E-1 11086-0001\2203193v5.doc 4. Upon the issuance of a Certificate of Occupancy for the Project, and written request by Grantee, the City Manager for Grantor shall execute a Certificate of Completion in recordable form, cause it to be acknowledged and deliver it to Grantee for recording to confirm that such development has been timely completed in accordance with the Agreement such that the Agreement is no longer binding on the Project. IN WITNESS WHEREOF, the undersigned has executed this Grant Deed as of the date set forth below. Dated: , 2019 CITY OF TEMECULA By: Print Name: Title: ATTEST: City Clerk E-2 11086-000 1\2203193v5. doc A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On , before me, (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signa (Seal) E-3 11086-0001 \2203193v5. doc EXHIBIT A TO GRANT DEED Real property in the City of Temecula, County of Riverside, State of California, described as follows: PARCEL 1: (APN: 921-021-89) BEING A PORTION OF PARCEL "A" OF LOT LINE ADJUSTMENT NO. PA 93-0155 RECORDED AUGUST 5, 1993, AS INSTRUMENT NUMBER 305484, FILED IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY STATE OF CALIFORNIA, LYING EASTERLY OF THE EASTERLY LINES OF PARCELS "A" AND "B" AS DESCRIBED IN RESOLUTION NO. 08-115 OF THE CITY OF TEMECULA RECORDED DECEMBER 19, 2008 AS INSTRUMENT NO. 0663660 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHERLY MOST CORNER OF PARCEL 1 OF PARCEL MAP 19580 AS SHOWN ON A MAP FILED IN BOOK 154, PAGES 92 THROUGH 96 INCLUSIVE, RECORDS OF SAID COUNTY, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY OF DIAZ ROAD (OLD ALIGNMENT, 50 FEET IN HALF WIDTH) AS SHOWN ON SAID PARCEL MAP 19580; THENCE SOUTH 180 25' 35" EAST, ALONG SAID WESTERLY RIGHT-OF-WAY (OLD ALIGNMENT), A DISTANCE OF 42.76 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 180 25' 35" EAST, CONTINUING ALONG SAID WESTERLY RIGHT-OF- WAY, A DISTANCE OF 659.57 FEET TO AN ANGLE POINT THEREON AS SHOWN ON SAID PARCEL MAP 19580; THENCE SOUTH 230 45' 52" WEST, ALONG SAID WESTERLY RIGHT-OF-WAY A DISTANCE OF 30.92 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF RANCHO CALIFORNIA ROAD AS SHOWN ON SAID PARCEL MAP 19580, SAID POINT ALSO BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1411.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 240 01' 54" EAST; THENCE WESTERLY, ALONG SAID CURVE AND SAID NORTHERLY RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 14° 22' 42", AN ARC DISTANCE OF 354.09 FEET TO AN ANGLE POINT IN THE EASTERLY RIGHT-OF-WAY OF DIAZ ROAD (NEW ALIGNMENT) AS DESCRIBED IN SAID RESOLUTION 08-115 AND ALSO SHOWN ON A RECORD OF SURVEY FILED IN BOOK 131, PAGES. 67 THROUGH 68 INCLUSIVE, RECORDS OF SAID COUNTY; THENCE NORTH 510 13' 50" WEST, ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 59.50 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 800.00 FEET A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 890 43' 06" WEST; E-4 11086-0001 \2203193v5. doc THENCE NORTHERLY ALONG SAID CURVE AND SAID EASTERLY RIGHT-OF-WAY, THROUGH A CENTRAL ANGLE OF 19° 50' 07", AN ARC DISTANCE OF 276.95 FEET; THENCE NORTH 190 33' 12" EAST, ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 301.93 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 900 FEET; THENCE NORTHERLY ALONG SAID CURVE AND SAID EASTERLY RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 100 42' 49", AN ARC DISTANCE OF 168.29 FEET TO THE TRUE POINT OF BEGINNING. SAID LEGAL DESCRIPTION IS PURSUANT TO CERTIFICATE OF COMPLIANCE NO. PA09-351 RECORDED DECEMBER 21, 2009 AS INSTRUMENT NO. 2009-0653765 AND RERECORDED JANUARY 5, 2010 AS INSTRUMENT NO. 2010-0002429 BOTH OF OFFICIAL RECORDS OF SAID COUNTY. PARCEL 2: [NO APN AVAILABLE (NOT ASSESSED)] THAT PORTION OF DIAZ ROAD (OLD ALIGNMENT), 100' WIDE, LYING NORTHEASTERLY OF THE NORTHEASTERLY LINE OF PARCEL 1 DESCRIBED ABOVE. E-5 11086-0001 \2203193v5. doc TABLE OF CONTENTS Page 1. DEFINITIONS..................................................................................................................1 1.1 Definitions.............................................................................................................1 2. PURCHASE AND SALE OF THE PROPERTY; PURCHASE PRICE; DEPOSIT..........................................................................................................................3 2.1 Purchase and Sale; Purchase Price........................................................................3 2.2 Deposit..................................................................................................................4 2.3 Opening and Closing of Escrow...........................................................................4 2.4 Condition of Title; Title Insurance.......................................................................4 2.5 City Conditions to Close of Escrow...................................................................... 5 2.6 Developer Conditions to Close of Escrow............................................................6 2.7 Costs; Escrow Holder Settlement Statement........................................................ 6 2.8 Condition of the Property...................................................................................... 7 2.9 Deposits into Escrow by City.............................................................................10 2.10 Deposits into Escrow by Developer....................................................................10 2.11 Authorization to Record Documents and Disburse Funds..................................10 2.12 Escrow's Closing Actions...................................................................................11 3. DEVELOPMENT COVENANTS..................................................................................11 3.1 Development of the Project................................................................................11 3.2 City's Right to Review Plans and Specifications...............................................11 3.3 Costs of Entitlement, Development and Construction........................................12 3.4 Local, State and Federal Laws............................................................................12 3.5 City and Other Governmental City Permits and Approvals...............................12 3.6 No Discrimination During Construction.............................................................12 3.7 Taxes, Assessments, Encumbrances and Liens..................................................12 3.8 No Agency Created.................:...........................................................................12 4. LIMITATIONS ON TRANSFERS AND SECURITY INTERESTS ............................12 4.1 Restriction on Transfer of Developer's Rights and Obligations .........................12 4.2 Holders of Deeds of Trust...................................................................................13 4.3 Rights of Holders................................................................................................13 4.4 Noninterference with Holders.............................................................................13 4.5 Right of City to Cure...........................................................................................14 4.6 Right of City to Satisfy Other Liens...................................................................14 5. DEFAULT, REMEDIES AND TERMINATION..........................................................14 5.1 Defaults...............................................................................................................14 5.2 Remedies.............................................................................................................15 5.3 No Speculation.....................................................................................................16 5.4 No Personal Liability.........................................................................................:17 5.5 Rights and Remedies are Cumulative.................................................................17 5.6 Inaction Not a Waiver of Default........................................................................17 5.7 Force Majeure.....................................................................................................17 1108 6-0001 \2203193 v5. doc TABLE OF CONTENTS (cont.) Page 6. INSURANCE; INDEMNITY.........................................................................................17 6.1 Insurance 6.2 Indemnity............................................................................................................19 7. REPRESENTATIONS AND WARRANTIES...............................................................19 7.1 Developer Representations.................................................................................19 7.2 City Representation.............................................................................................20 8. GENERAL PROVISIONS.............................................................................................20 8.1 Notices................................................................................................................20 8.2 Construction........................................................................................................20 8.3 Interpretation....................................................................................................... 20 8.4 Time of the Essence............................................................................................. 20 8.5 Warranty Against Payment of Consideration for Agreement .............................21 8.6 Attorneys' Fees...................................................................................................21 8.7 Entire Agreement................................................................................................ 21 8.8 Severability.........................................................................................................21 8.9 No Third Party Beneficiaries..............................................................................21 8.10 Governing Law; Jurisdiction; Service of Process ............................................... 21 8.11 Survival...............................................................................................................21 8.12 City Actions........................................................................................................22 8.13 Counterparts........................................................................................................ 22 8.14 Electronic Delivery.............................................................................................22 TABLE OF EXHIBITS EXHIBIT "A" LEGAL DESCRIPTION OF LAND EXHIBIT "B" SCHEDULE OF PERFORMANCE EXHIBIT "C" SCOPE OF DEVELOPMENT EXHIBIT "D" FORM OF GRANT DEED 11086-0001 \2203193v5.doc FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT (the "Amendment") is dated as of March 23, 2021 and is entered into by and between the CITY OF TEMECULA (the "City"), and ALITRA, LLC, a California limited liability company ("Developer"). RECITALS A. City and Developer entered into that certain Disposition and Development Agreement dated March 26, 2019 ("Agreement"). B. City and Developer desire to amend the Agreement as hereinafter set forth. AGREEMENT NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants contained in this Amendment, the parties hereto agree as to amend the Agreement as follows: 1. Schedule of Performance. The Schedule of Performance that is attached to the Agreement as Exhibit `B" is hereby deleted and the new Schedule of Performance (Exhibit `B") attached to this Amendment is hereby substituted in lieu thereof. 2. Conflict. Except as amended herein, the Agreement remains in full force and effect. To the extent of any conflict between this Amendment and the Agreement, this Amendment shall govern. 3. Counterparts. This Amendment may be executed in one or more counterparts, each of which shall be deemed as original but all of which together shall constitute one and the same instrument. Executed counterparts may be delivered by email to: (i) for the City, christine.damkogtemeculaca.gov; and (ii) for the Developer, mike.patel@ami-pcm.com. -1- 11086-0001 \2503547v l .doc IN WITNESS WHEREOF, the parties hereto have entered into this Amendment as of the day and year first above written. DEVELOPER: ALITRA, LLC By: Tarisha Patel, Manager and Member CITY: CITY OF TEMECULA Maryann Edwards, Mayor ATTEST: Randi Johl, City Clerk APPROVED AS TO FORM: Lo Peter M. Thorson, City Attorney -2- 11086-0001 \2503547v l .doc EXHIBIT "B" SCHEDULE OF PERFORMANCE This Schedule of Performance requires the submission of plans or other documents at specific times. Some of the submissions are not described in the text of the Agreement; some submissions in the text of the Agreement are not described below (and the below is not a comprehensive list of conditions to the Close of Escrow). Such plans or other documents, as submitted, must be complete and adequate for review by the City or other applicable governmental entity when submitted. Prior to the time set forth for each particular submission, the Developer shall consult with City staff informally as necessary concerning such submission in order to assure that such submission will be complete and in a proper form within the time for submission set forth herein. Action Date / Deadline Items 1— 4 Relate to Developer Actions and Requirements Prior to the Close of Escrow 1. Opening of Escrow. The Parties shall Done; escrow number is 5913469. open escrow with the Escrow Holder. 2. Developer Deposit. The Developer Done. shall deposit the Developer Deposit with Escrow Holder. 3. Entitlements. Zoning and height Condition to Close of Escrow approval. 4. Plans and Specs. Architectural, Condition to Close of Escrow engineering and construction drawing revisions Items 5 — 9 Relate to the Conveyance of the Land and Developer Actions and Requirements After the Close of Escrow 5. Close of Escrow. The Developer shall No later than December 31, 2022 purchase the Land from the City. (notwithstanding anything to the contrary in the text of the Agreement). 6. Commencement of Construction. No later than 90 days after the Close of Escrow. Developer shall substantially commence grading/construction of the Improvements. 7. Completion of Grading. Developer Not later than 120 days following the shall substantially complete the grading Commencement of Construction. for the Project. 8. Commencement of Vertical Not later than 210 days following the Construction. Developer shall Commencement of Construction. commence vertical construction. 9. Completion. The Project shall be No later than 24 months after Commencement completed. of Construction. 11086-0001 \2503547v l .doc Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: March 23, 2021 SUBJECT: Approve the Plans and Specifications and Authorize Solicitation of Construction Bids for the Pedestrian Signal Equipment Upgrade — Citywide Project, PW19-10 PREPARED BY: Julie Tarrant, Principal Management Analyst Erick Escobedo, Assistant Engineer II - Traffic RECOMMENDATION: That the City Council: Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Pedestrian Signal Equipment Upgrade — Citywide Project, PW19-10; and 2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. BACKGROUND: On August 31, 2018, the City of Temecula submitted a project application in response to the Call for Projects for the Highway Safety Improvement Program (HSIP) Cycle 9 funding. On December 12, 2018, grant awards were announced and the City of Temecula was awarded HSIP Cycle 9 funding in the amount of $908,200, for the Pedestrian Signal Equipment Upgrade — Citywide Project. The Pedestrian Signal Equipment Upgrade — Citywide Project will provide for upgrades to pedestrian countdown signal heads and ADA compliant pushbutton equipment at 44 signalized intersections. It will aslo include upgrades of existing traffic signal controller units from Type 170 to Type 2070 at 32 of the 44 signalized intersections to improve safety and operations citywide along several major corridors including: ➢ Butterfield Stage Road ➢ Jefferson Avenue ➢ Margarita Road ➢ Pechanga Parkway ➢ Rancho California Road ➢ Redhawk Parkway ➢ Temecula Parkway ➢ Ynez Road Plans and Specifications are complete and the project is ready to be advertised for construction bids. The contract documents are available for review in the Director of Public Works' office. The engineer's estimate is $857,340, with a construction duration of approximately sixty (60) working days. This project is exempt from the CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Section 15301 states that the repairs and maintenance of existing highways and streets are Class 1 activities which are exempt from CEQA. FISCAL IMPACT: The Pedestrian Signal Equipment Upgrade — Citywide Project is in the City's Capital Improvement Program (CIP) for Fiscal Years 2021-2025 and is funded with Highway Safety Improvement Program (HSIP) Cycle 9 Funding and Measure S. Adequate funds are available in the project budget. ATTACHMENTS: 1. Project Description 2. Project Location Map f Alk The Heart of Southern California Wine Country City of Temecula Fiscal Years 2021-25 Capital Improvement Program PEDESTRIAN SIGNAL EQUIPMENT UPGRADE - CITYWIDE Infrastructure Project Project Description: This project will install pedestrian countdown signal heads, ADA compliant pedestrian pushbutton equipment and upgrade traffic signal controllers to improve safety and operations at signalized intersections Citywide including the Butterfield Stage Road, Jefferson Avenue, Margarita Road, Redhawk Parkway, Pechanga Parkway, Rancho California Road, Temecula Parkway and Ynez Road corridors. Benefit: This project improves pedestrian safety and traffic circulation throughout the City. Core Value: Healthy and Livable City Project Status: Project is estimated to be complete in Fiscal Year 2019-20. Department: Public Works - Account No. 210.265.999.518 / PW19-10 Level: I 2021-22 Prior Years 2020-21 Baseline 2022-23 2023-24 2024-25 2025-26 Total Project Project Cost: Actuals Adjusted Budget Projected Projected Projected Projected Cost Administration 5,000 5,000 Construction 803,200 803,200 Construction Engineering 105,000 105,000 Design & Environmental 30,7151 32,285 1 63,000 0 Source of Funds: 08,200 Measure hSay Safety I 38,OOOI 9330,000 I 968,000 Future Operating & Maintenance Costs: Total Operating Costs PEDESTRIAN SIGNAL EQUIPMENT UPGRADE - CITYWIDE (PW19-10) 23 G 10 1 �� 4v¢° 38 2 �4q��li'A 11 17 25 so ya 27 GA1 hF6f+MhA g y 44 haAH� 43 �pv 24 41 pAusA 19 4 15 1 42fl '�4pG A 2 Pv qpP pPR1CN 31 m i 13 � p� 4 m 12 5 Ao�u 32 35 IN 30 VfAhl p srsG 3 y 36 33 34 .o Fss 22 29_ 37 .4� ,ode �p �C 15 'yam'' 28 �4 20 ��Y� 9L 7 APd2A soAD 21 �—PROATrLM J LOCATION MAP NOT TO SCALE Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: March 23, 2021 SUBJECT: Approve as to Form the Amended and Restated Agreement with Western Riverside Council of Governments (WRCOG) to Reimburse TUMF Funds for the French Valley Parkway/I-15 Overcrossing and Interchange Project, Agreement No. 06-SW-TEM-1079 PREPARED BY: Julie Tarrant, Principal Management Analyst RECOMMENDATION: That the City Council approve as to form the Amended and Restated Agreement with Western Riverside Council of Governments (WRCOG) to Reimburse TUMF Funds for the French Valley Parkway/I-15 Overcrossing and Interchange Project, Agreement No. 06-SW-TEM-1079, and authorize the City Manager to execute the agreement. BACKGROUND: WRCOG is the Administrator of the Transportation Uniform Mitigation Fee Program (TUMF) of Western Riverside County, and has identified and designated the French Valley Parkway/I-15 Overcrossing & Interchange Project as a Qualifying Project. The Qualifying Projects are more specifically described in the WRCOG Study titled, TUMF Nexus Study, and can have a regional or zonal significance as further provided in the TUMF Nexus Study. WRCOG and the City have previously entered into multiple agreements for the reimbursement of TUMF Program Funds for the implementation of the French Valley Parkway/I-15 Overcrossing & Interchange Project for the PA & ED, PS & E, and ROW phases of work, all collectively referred to as, Prior Agreements. The Amended and Restated Agreement is to consolidate the terms and conditions of the Prior Agreements into one comprehensive document for the purposes of efficiency and streamlining of the administration, and to consolidate the Prior Agreements for PA & ED, PS & E and ROW phases of work into a single agreement, reallocate program funding, and to set forth the terms and conditions by which WRCOG will release TUMF Program Funds. This Agreement will supersede, in its entirety, the Prior Agreements, and upon execution by both parties of this Agreement, the Prior Agreements shall have no further force or effect. On March 1, 2021, the WRCOG Executive Committee approved the Agreement, and authorized the Executive Director to execute the Amended and Restated Agreement. Staff therefore recommends to Approve as to Form, the Agreement, and WRCOG will provide an executed document, to be routed for City signatures, once available. FISCAL IMPACT: The Amended and Restated Agreement with WRCOG will provide for the reimbursement of eligible costs, up to the current agreement value of $11,575,000. ATTACHMENTS: Agreement-WRCOG 06-SW-TEM-1079 TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM AMENDED AND RESTATED AGREEMENT TO REIMBURSE TUMF FUNDS THIS AMENDED AND RESTATED REIMBURSEMENT AGREEMENT ("Agreement") is entered into as of this day of , 2021, by and between the Western Riverside Council of Governments ("WRCOG"), a California joint powers authority and the City of Temecula, a California municipal corporation ("AGENCY"). WRCOG and AGENCY are sometimes hereinafter referred to individually as "Party" and collectively as "Parties". RECITALS A. WRCOG is the Administrator of the Transportation Uniform Mitigation Fee Program of Western Riverside County ("TUMF Program"). B. WRCOG has identified and designated certain transportation improvement projects throughout Western Riverside County as projects of regional importance ("Qualifying Projects"). The Qualifying Projects are more specifically described in that certain WRCOG study titled "TUMF Nexus Study", as may be amended from time to time. Qualifying Projects can have Regional or Zonal significance as further described in the TUMF Nexus Study. C. The TUMF Program is funded by TUMF fees paid by new development in Western Riverside County (collectively, "TUMF Program Funds"). TUMF Program Funds are held in trust by WRCOG for the purpose of funding the Qualifying Projects. D. The Parties have previously entered into multiple agreements for the distribution of TUMF Program Funds for the implementation of the French Valley Parkway/I-15 Overcrossing & Interchange Project for the PA&ED, PS&E, ROW phases of work; dated August 15, 2010 (also amended by Amendment No. 1, dated August 30, 2012), December 13, 2011, and September 10, 2012, respectively. The foregoing are collectively referred to as the "Prior Agreements." E. The French Valley Parkway/I-15 Overcrossing & Interchange Project, as further defined in Section 1 below, is a Qualifying Project. F. The Parties desire to amend the Funding Amounts, more particularly described in Section 2 below, of the Prior Agreements to reallocate program funding. G. To that end, the Parties desire to consolidate the terms and conditions of the Prior Agreements into one comprehensive document for the purposes of efficiency and streamlining of the administration of the Prior Agreements. It is the purpose of this Agreement to consolidate the Prior Agreements for PA&ED, PS&E and ROW phases of the Project into a single agreement and set forth the terms and conditions by which WRCOG will release TUMF Program Funds. H. It is the intent of the Parties that this Agreement shall supersede, in its entirety, the Prior Agreements, and that upon the execution by both Parties of this Agreement, the Prior Agreements shall have no further force or effect. Page 1 of 25 20323.00005\33730658.2 06-SW-TEM-1079 AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows: 1. Project. This Agreement is intended to distribute TUMF Program Funds to the AGENCY for the Work, as defined below, on the FRENCH VALLEY PARKWAY/I-15 OVERCROSSING & INTERCHANGE PROJECT, (the "Project"). The Project is generally described as: the construction of a new freeway interchange on I-15 between the existing Winchester Road Interchange and the I-15/I-216 junction on the border of the cities of Temecula and Murrieta. The Project phase(s) to be covered under this Agreement include one or more of the four (4) phases identified below ("Phases"), as set forth in Exhibit "A" attached hereto and incorporated herein by reference. Additional Phases may be added to Exhibit "A" by written amendment to this Agreement signed by both Parties. 1) PA&ED — Project Approvals & Environmental Document 2) PS&E — Plans, Specifications and Estimates 3) R/W — Right of Way Acquisition and Utility Relocation 4) CON — Construction The work to be provided for the Phase(s) identified in Exhibit "A" (the "Work"), including a timetable and a detailed Scope of Work, is more fully described in the attached Exhibit "A." 2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed Eleven Million, Five Hundred Seventy -Five Thousand Dollars ($11,575,000), to be used for reimbursing the AGENCY for eligible Work expenses as described in Section 3 herein ("Funding Amount"). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Work. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute TUMF Program Funds in excess of the maximum TUMF share identified in the TUMF Nexus Study ("Maximum TUMF Share"), as may be amended from time to time. 3. Work Costs Eligible for Advance/Reimbursement. The total Work costs ("Total Work Cost") may include the following items, provided that such items are included in the Scope of Work in Exhibit "A": (1) AGENCY and/or consultant costs associated with direct coordination and support of the Work; (2) funds expended in preparation of preliminary engineering studies; (3) funds expended for preparation of environmental review documentation for the Project; (4) all costs associated with right-of-way acquisition, including right-of-way engineering, appraisal, acquisition, legal costs for condemnation procedures if authorized by the AGENCY, and costs of reviewing appraisals and offers for property acquisition; (5) costs reasonably incurred if condemnation proceeds; (6) costs incurred in the preparation of plans, specifications, and estimates by AGENCY or consultants; (7) AGENCY costs associated with bidding, advertising and awarding of the Work contracts; (8) construction costs, including change orders to construction contract approved by the AGENCY; (9) construction management, field inspection and material testing costs; and (10) any AGENCY administrative cost to deliver the Work. Page 2 of 25 20323.00005\33730658.2 06-SW-TEM-1079 4. Ineligible Work Costs. The Total Work Cost shall not include the following items which shall be borne solely by the AGENCY without reimbursement: (1) any AGENCY administrative fees attributed to the reviewing and processing of the Work; and (2) expenses for items of work not included within the Scope of Work in Exhibit "A". 5. Procedures for Distribution of TUMF Program Funds to AGENCY. (a) Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all Work costs as they are incurred. Following payment of such Work costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Work costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY's payment of the invoices or demands for payment. Documents evidencing the AGENCY'S payment of the invoices shall be retained for three (3) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly and not less often than quarterly. (b) Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Work costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG's decision as to the eligibility of one or more invoices to WRCOG's Executive Director. The WRCOG Executive Director shall provide his/her decision in writing. If the AGENCY disagrees with the Executive Director's decision, the AGENCY may appeal the decision of the Executive Director to the full WRCOG Executive Committee, provided the AGENCY submits its request for appeal to WRCOG within ten (10) days of the Executive Director's written decision. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY's submittal of invoices to WRCOG and WRCOG's consideration and payment of submitted invoices are set forth in Exhibit `B", attached hereto and incorporated herein by reference. (c) Funding Amount/Adjustment. If a post Work audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Maximum TUMF Share of the Work, or has provided reimbursement of ineligible Work costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within 30 days of notification by WRCOG. 6. Increases in Work Funding, The Funding Amount may, in WRCOG's sole discretion, be augmented with additional TUMF Program Funds if the TUMF Nexus Study is amended to increase the maximum eligible TUMF share for the Work. Any such increase in the Funding Amount must be approved in writing by WRCOG's Executive Director. In no case shall the amount of TUMF Program Funds allocated to the AGENCY exceed the then -current maximum eligible TUMF share for the Work. No such increased funding shall be expended to pay for any Work already completed. For purposes of this Agreement, the Work or any portion thereof shall Page 3 of 25 20323.00005\33730658.2 06-SW-TEM-1079 be deemed complete upon its acceptance by WRCOG's Executive Director which shall be communicated to the AGENCY in writing. 7. No Funding for Temporary Improvements. Only segments or components of the Work that are intended to form part of or be integrated into the Project may be funded by TUMF Program Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, tapers or drainage facilities, shall be funded with TUMF Program Funds, except as needed for staged construction of the Project. 8. AGENCY's Funding Obligation to Complete the Work. In the event that the TUMF Program Funds allocated to the Work represent less than the total cost of the Work, the AGENCY shall provide such additional funds as may be required to complete the Work. 9. AGENCY's Obligation to Repay TUMF Program Funds to WRCOG; Exception For PA&ED Phase Work. Except as otherwise expressly excepted within this paragraph, in the event that: (i) the AGENCY, for any reason, determines not to proceed with or complete the Work; or (ii) the Work is not timely completed, subject to any extension of time granted by WRCOG pursuant to the terms of this Agreement; the AGENCY agrees that any TUMF Program Funds that were distributed to the AGENCY for the Work shall be repaid in full to WRCOG, and the Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism. The repayment obligation shall not apply to PA&ED phase Work. 10. AGENCY's Local Match Contribution. The AGENCY shall provide at least Twenty Million dollars ($20,000,000) of funding toward the Work, as shown in Exhibit "A" and as called out in the AGENCY's Project Nomination Form submitted to WRCOG in response to its Call for Projects. 11. Term/Notice of Completion. The term of this Agreement shall be from the date first herein above written until the earlier of the following: (i) the date WRCOG formally accepts the Work as complete, pursuant to Section 6; (ii) termination of this Agreement pursuant to Section 15; or (iii) the AGENCY has fully satisfied its obligations under this Agreement. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. 12. Representatives of the Parties. WRCOG's Executive Director, or his or her designee, shall serve as WRCOG's representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates Aaron Adams, City Manager, or his or her designee, as the AGENCY's representative to WRCOG. The AGENCY's representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all Work activities under the AGENCY's responsibility. The AGENCY shall work closely and cooperate fully with WRCOG's representative and any other agencies which may have jurisdiction over or an interest in the Work. 13. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Work prior to the execution of the Agreement, or from being reimbursed by WRCOG for such Page 4 of 25 20323.00005\33730658.2 06-SW-TEM-1079 expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Work prior to the execution of the Agreement is made at the AGENCY's sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement. 14. Review of Services. The AGENCY shall allow WRCOG's Representative to inspect or review the progress of the Work at any reasonable time in order to determine whether the terms of this Agreement are being met. 15. Termination. (a) Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other Parry of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured. (b) Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, repay to WRCOG any unexpended TUMF Program Funds provided to the AGENCY under this Agreement and shall complete the Work. In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute to the AGENCY TUMF Program Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY for the Work at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete the Work for which TUMF Program Funds have been provided. This Agreement shall terminate upon receipt by the non -terminating Party of the amounts due to it hereunder and upon completion of the Work for which TUMF Program Funds have been provided. (c) Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 16. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Work are alerted to the requirements of California Labor Code Sections 1770 et seq., which require the payment of prevailing wages for Work or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Work. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et sec . 17. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Work. 18. Indemnification. Page 5 of 25 20323.00005\33730658.2 06-SW-TEM-1079 (a) AGENCY Responsibilities. In addition to the indemnification required under Section 16, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY, its consultants, contractors or agents. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys' fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY, its consultants, contractors or agents. (b) WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG, its consultants, contractors or agents. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys' fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG, its consultants, contractors or agents. (c) Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of the Work. WRCOG's review, acceptance or funding of any portion of the Work performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY's negligent performance of this Agreement or supervision of any services provided to complete the Work. 19. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Work to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Work, whichever occurs last. (a) Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Work or be no less than two times the occurrence limit. Such insurance shall: (i) Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Work and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; (ii) Be primary with respect to any insurance or self-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and Page 6 of 25 20323.00005\33730658.2 06-SW-TEM-1079 (iii) Contain standard separation of insured provisions. (b) Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. (c) Professional Liability Insurance. Errors and omissions liability insurance with a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design or engineering professionals. (d) Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each accident. 20. Work Amendments. Changes to the characteristics of the Work, including the deadline for Work completion, and any responsibilities of the AGENCY or WRCOG may be requested in writing by the AGENCY and are subject to the approval of WRCOG's Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Work shall be approved in the sole discretion of WRCOG's Representative. Nothing in this Agreement shall be construed to require or allow completion of the Work without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA") and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Work. 21. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 22. Limited Scope of Duties. WRCOG's and the AGENCY's duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Work performed at a job site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Work. 23. Books and Records. Each Party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Work under this Agreement. They shall make available for examination by the other Party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other Party pursuant to this disbursements charged to the other Party pursuant to this Agreement. Further, each Party shall furnish to the other Party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by Page 7 of 25 20323.00005\33730658.2 06-SW-TEM-1079 them. All such information shall be retained by the Parties for at least four (4) years following termination of this Agreement, and they shall have access to such information during the four- year period for the purposes of examination or audit. 24. Equal 01212ortunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 25. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. Venue shall be in Riverside County. 26. Attorneys' Fees. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys' fees and costs of suit. 27. Time of Essence. Time is of the essence for each and every provision of this Agreement. 28. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 29. Public Acknowledgement.. The AGENCY agrees that all public notices, news releases, information signs and other forms of communication shall indicate that the Work is being cooperatively funded by the AGENCY and WRCOG TUMF Program Funds. 30. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the Work or to make it a partner or joint venture with the AGENCY for such purpose. 31. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Project, including, where applicable, the rules and regulations pertaining to the participation of businesses owned or controlled by minorities and women promulgated by the Federal Highway Administration and the Federal Department of Transportation. 32. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: If to AGENCY: City of Temecula 41000 Main Street Temecula, CA 92590 Attention: Aaron Adams Telephone: (951) 506-5100 Page 8 of 25 20323.00005\33730658.2 06-SW-TEM-1079 If to WRCOG: Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3609 Attention: Deputy Executive Director Telephone: (951) 955-8304 Facsimile: (951) 787-7991 Any notice so given shall be considered served on the other Party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. 33. Integration; Amendment. This Agreement contains the entire agreement between the Parties. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the Parties. 34. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. 35. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the Agreement. 36. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing the Work shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of the Work and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 37. Effective Date. This Agreement shall be effective on the date that it is executed by both Parties ("Effective Date"). The failure of one Party to execute this Agreement within forty-five (45) days of the other Party executing this Agreement shall render any execution of this Agreement ineffective. 38. Prior Agreements Superseded. As of the Effective Date, this Agreement shall supersede, in their entirety, the Prior Agreements, and the Prior Agreements shall have no further force or effect. 39. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. Page 9 of 25 20323.00005\33730658.2 06-SW-TEM-1079 SIGNATURE PAGE TO TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM AMENDED AND RESTATED AGREEMENT TO REIMBURSE TUMF FUNDS IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above -written. WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS By: Date: Rick Bishop Executive Director Approved to Form: By: Steven C. DeBaun General Counsel CITY OF TEMECULA By: Date: Aaron Adams City Manager Attest: By: Randi Johl City Clerk Approved as to Form: By: Peter M. Thorson City Attorney Page 10 of 25 20323.00005\33730658.2 06-SW-TEM-1079 EXHIBIT "A" SCOPE OF WORK GENERAL DESCRIPTION OF PROJECT: The French Valley Parkway/I-15 Overcrossing and Interchange Improvement Project provides for the construction of a new freeway interchange on I-15 between the existing Winchester Road Interchange and the I-15/I-215 junction on the border of the cities of Temecula and Murrieta. The proposed project utilizes a partial cloverleaf interchange at French Valley Parkway, with loop on -ramps and direct off -ramps in the northwest and southeast quadrants, and direction on - ramps in the southwest and northeast quadrants. L� y I \v y C Q IY 11 �L i WA AmekJ Nill '' Tem'rkd�luc a`! _ PHASES INCLUDED UNDER THIS AGREEMENT: The Scope of Work and TUMF funding under the terms of this Agreement include Project Approval/Environmental Documents (PA & ED), Plans, Specifications and Estimates (PS & E), and Right -of -Way Acquisition (ROW) as follows. Exhibit A Page 11 of 25 20323.00005\33730658.2 06-SW-TEM-1079 • Project Approval/Environmental Documents (PA & EDP This project is subject to the requirements of the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). Work activities include record searches, field surveys and measurements, and analyses necessary to prepare technical reports such as the Floodplain Evaluation Report Summary, Flood Plan and Scour Analysis Report, Historic Property Survey Report, Air Quality Conformity Analysis, Initial Site Assessment, Relocation Impact Study, Natural Environment Study Report, Visual Impact Assessment, Air Quality Technical Report, Phase I Environmental Assessment, Paleontological Evaluation Report and Mitigation Plan, Traffic Operations Analysis, Socioeconomics Analysis, Paleontological Identification Report, and Noise Technical Study, Preliminary engineering work includes alternatives analysis, geotechnical investigation, and preparation of the Project Study Re[ort, Project Report, New Connection Report, and Fact Sheets. • Preliminary Engineering and Design (PS & E): Develop topographical maps from aerial photogrammetry and ground surveys. Locate existing utilities and coordinate preparation of relocation/protection plans with utility companies. Conduct subsurface geotechnical investigations and analyses. Perform hydrology/hydraulic studies and structural calculations. Design and prepare the construction Plans, Specifications and Estimate. • Right of Way (ROWS Develop existing property lines from recorded maps and field surveying. Determine project right of way requirements for acquisitions, easements, temporary construction easements, and impacts to existing improvements. Obtain title reports, perform appraisals, and negotiate settlement. Perform relocation assistance including research for comparable properties and engineering for individual site revision plans and construction. Exhibit A Page 12 of 25 20323.00005\33730658.2 06-SW-TEM-1079 EXHIBIT "A-1" ESTIMATE OF COST Phase * TUMF LOCAL TOTAL PA&ED $975,752 N/A $975,752 PS&E $9,668,100 $9,035,103 $18,703,203 RIGHT OF WAY $931,148 $14,595,103 $15,526,251 CONSTRUCTION N/A N/A N/A TOTAL $11,575,000 $23,630,206 $35,205,206 Original TUMF Fund Programming: $2, 650, 000 — PA & ED -Split $1, 674,248 ROW /PA & ED $975,752 (Amend No. 1) —total PA & ED $975,752 $1, 674, 248 — ROW— reprogram $743,100 to PS & E — total ROW $931,148 $8, 925, 000 — PS & E — reallocated from ROW $743,100 — total PS & E $9, 668,100 Exhibit A —1 Page 13 of 25 20323.00005\33730658.2 06-SW-TEM-1079 EXHIBIT "A-2" PROJECT SCHEDULE TIMETABLE: Estimated Completion Phase * Date Comments Completed: PA&ED January 2010 Estimated: Phase 1 — Completed - December 2011 PS&E Phase II — December 2021 Estimated: Phase 1 — Completed - December 2011 RIGHT OF WAY Phase II — December 2021 Estimated: Phase I — Completed -July 2015 CONSTRUCTION* Phase II — March 2024 The timetable for construction is provided for information only. Construction phase is not funded under this Agreement. Exhibit A — 2 Page 14 of 25 20323.00005\33730658.2 06-SW-TEM-1079 Elements of Compensation EXHIBIT `B" PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES 1. For professional services, WRCOG recommends that the AGENCY incorporate this Exhibit `B-l" into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the AGENCY and ultimately to WRCOG for reimbursement of AGENCY contractor costs. 2. Each month the AGENCY shall submit an invoice for eligible Work costs incurred during the preceding month. The original invoice shall be submitted to WRCOG's Executive Director with a copy to WRCOG's Project Coordinator. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit `B-2". 3. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, the AGENCY may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the AGENCY. WRCOG must receive the invoice by the 5th day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment. 4. Each invoice shall include documentation from each contractor used by the AGENCY for the Work, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for all Work to date. Samples of acceptable task level documentation and progress reports are attached as Exhibits "134" and "B-5". All documentation from the AGENCY's contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit `B- 3". 5. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Work costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit `B" and its attachments. 6. Charges for each task and milestone listed in Exhibit "A" shall be listed separately in the invoice. 7. Each invoice shall include a certification signed by the AGENCY Representative or his or her designee which reads as follows: Exhibit B Page 15 of 25 20323.00005\33730658.2 06-SW-TEM-1079 "I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed. Signed Title Date Invoice No. 8. WRCOG will pay the AGENCY within 30 days after receipt by WRCOG of an invoice. If WRCOG disputes any portion of an invoice, payment for that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid. 9. The final payment under this Agreement will be made only after: (I) the AGENCY has obtained a Release and Certificate of Final Payment from each contractor or subcontractor used to complete the Work; (ii) the AGENCY has executed a Release and Certificate of Final Payment; and (iii) the AGENCY has provided copies of each such Release to WRCOG. Exhibit B Page 16 of 25 20323.00005\33730658.1 06-SW-TEM-1079 EXHIBIT "B-1" [Sample for Professional Services] For the satisfactory performance and completion of the Services under this Agreement, Agency will pay the Contractor compensation as set forth herein. The total compensation for this service shall not exceed (_INSERT WRITTEN DOLLAR AMOUNT) ($_INSERT NUMERICAL DOLLAR AMOUNT_) without written approval of Agency's City Manager [or applicable position] ("Total Compensation"). 1. ELEMENTS OF COMPENSATION. Compensation for the Services will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs. 1.1 DIRECT LABOR COSTS. Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows: 1.1.1 DIRECT SALARY COSTS Direct Salary Costs are the base salaries and wages actually paid to the Contractor's personnel directly engaged in performance of the Services under the Agreement. (The range of hourly rates paid to the Contractor's personnel appears in Section 2 below.) 1.1.2 MULTIPLIER The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is and is the sum of the following components: 1.1.2.1 Direct Salary Costs 1.1.2.2 Payroll Additives The Decimal Ratio of Payroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations. 1.1.2.3 Overhead Costs Exhibit 13-1 Page 17 of 25 20323.00005\33730658.2 06-SW-TEM-1079 The Decimal Ratio of Allowable Overhead Costs to the Contractor Firm's Total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2. Total Multiplier (sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3) 1.2 FIXED FEE. 1.2.1 The fixed fee is S 1.2.2 A pro-rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice. 1.3 ADDITIONAL DIRECT COSTS. Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost. Rates for identified Additional Direct Costs are as follows: ITEM REIMBURSEMENT RATE [ insert charges Per Diem $ /day Car mileage $ /mile Travel $ /trip Computer Charges $ /hour Photocopies $ /copy Blueline $ /sheet LD Telephone $ /call Fax $ /sheet Photographs $ /sheet Travel by air and travel in excess of 100 miles from the Contractor's office nearest to Agency's office must have Agency's prior written approval to be reimbursed under this Agreement. Exhibit B-1 Page 18 of 25 20323.00005\33730658.2 06-SW-TEM-1079 2. 3. DIRECT SALARY RATES Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following: 2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above. 2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Contractor's adjustments to individual compensation. The Contractor shall notify Agency in writing prior to a change in the range of rates included herein, and prior to each subsequent change. POSITION OR CLASSIFICATION RANGE OF HOURLY RATES [ sample_J Principal $ .00 - $ .00/hour Project Manager $ .00 - $ .00/hour Sr. Engineer/Planner $ .00 - $ .00/hour Project Engineer/Planner $ .00 - $ .00/hour Assoc. Engineer/Planner $ .00 - $ .00/hour Technician $ .00 - $ .00/hour Drafter/CADD Operator $ .00 - $ .00/hour Word Processor $ .00 - $ .00/hour 2.3 The above rates are for the Contractor only. All rates for subcontractors to the Contractor will be in accordance with the Contractor's cost proposal. INVOICING. 3.1 Each month the Contractor shall submit an invoice for Services performed during the preceding month. The original invoice shall be submitted to Agency's Executive Director with two (2) copies to Agency's Project Coordinator. 3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by Agency's Representative. 3.3 Base Work and Extra Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Services, shall be listed separately. The charges for each individual assigned by the Contractor under this Agreement shall be listed separately on an attachment to the invoice. Exhibit 13-1 Page 19 of 25 20323.00005\33730658.2 06-SW-TEM-1079 3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to Agency such as invoices, telephone logs, etc. 3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date. 3.6 If applicable, each invoice shall indicate payments to DBE subcontractors or supplies by dollar amount and as a percentage of the total invoice. 3.7 Each invoice shall include a certification signed by the Contractor's Representative or an officer of the firm which reads as follows: I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed. Signed Title Date Invoice No. 4. PAYMENT 4.1 Agency shall pay the Contractor within four to six weeks after receipt by Agency of an original invoice. Should Agency contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid. 4.2 The final payment for Services under this Agreement will be made only after the Contractor has executed a Release and Certificate of Final Payment. Exhibit 13-1 Page 20 of 25 20323.00005\33730658.2 06-SW-TEM-1079 Exhibit B-1 Page 21 of 25 20323.00005\33730658.2 06-SW-TEM-1079 EXHIBIT B-2 Sample Cover Letter to WRCOG Date Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3679 Attention: Deputy Executive Director ATTN: Accounts Payable Re: Project Title - Invoice # Enclosed for your review and payment approval is the AGENCY'S invoice for professional and technical services that was rendered by our contractors in connection with the 2002 Measure "A" Local Streets and Roads Funding per Agreement No. effective (Month/Day/Year). The required support documentation received from each contractor is included as backup to the invoice. Invoice period covered is from Month/Date/Year to Month/Date/Year . Total Authorized Agreement Amount: $0,000,000.00 Total Invoiced to Date: $0,000,000.00 Total Previously Invoiced: $0,000,000.00 Balance Remaining: $0,000,000.00 Amount due this Invoice: $0,000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed. WO Name Title cc: Exhibit B-2 Page 22 of 25 20323.00005\33730658.2 06-SW-TEM-1079 EXHIBIT B-3 Sample Letter from Contractor to AGENCY Month/Date/Year Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3679 Attention: Deputy Executive Director Attn: Accounts Payable Invoice # For [type of services] rendered by [contractor name] in connection with [name of project] This is per agreement No. XX-XX-XXX effective Month/Date/Year . Invoice period covered is from Month/Date/Year to Month/Date/Year Total Base Contract Amount: Authorized Extra Work (if Applicable) TOTAL AUTHORIZED CONTRACT AMOUNT Total Invoice to Date: Total Previously Billed: Balance Remaining: Amount Due this Invoice: $000,000.00 $000,000.00 --------------- $000,000.00 $000,000.00 $000,000.00 $000,000.00 $000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed, By: Name Title Exhibit B-3 Page 23 of 25 20323.00005\33730658.2 06-SW-TEM-1079 EXHIBIT B-4 SAMPLE TASK SUMMARY SCHEDULE (OPTIONAL) Exhibit B-4 Page 24 of 25 20323.00005\33730658.2 06-SW-TEM-1079 EXHIBIT B-5 Sample Progress Report REPORTING PERIOD: Month/Date/Year to Month/Date/Year PROGRESS REPORT: #1 A. Activities and Work Completed during Current Work Periods TASK 01 — 100% PS&E SUBMITTAL 1. Responded to Segment 1 comments from Department of Transportation 2. Completed and submitted Segment 1 final PS&E B. Current/Potential Problems Encountered & Corrective Action Problems Corrective Action None None C. Work Planned Next Period TASK 01 — 100% PS&E SUBMITTAL 1. Completing and to submit Traffic Signal and Electrical Design plans 2. Responding to review comments Exhibit B-5 Page 25 of 25 20323.00005\33730658.2 Item No. 10 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: March 23, 2021 SUBJECT: Award the Construction Contract to Leonida Builders, Inc. for the Santa Gertrudis Pedestrian/Bicycle Trail Extension and Interconnect Project, PW08-04 PREPARED BY: Avlin Odviar, Senior Civil Engineer Nino Abad, Associate Civil Engineer RECOMMENDATION: That the City Council: 1. Award the construction contract to Leonida Builders, Inc. in the amount of $3,978,626.25, for the Santa Gertrudis Pedestrian/Bicycle Trail Extension and Interconnect Project, PW08-04; and 2. Authorize the City Manager to approve change orders up to 10% of the agreement amount, $397,862.63; and 3. Authorize payment of $18,938.94 to the Regional Conservation Authority (RCA) for the project Multiple Species Habitat Conservation Plan (MSHCP) fee. BACKGROUND: The Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect, Project PW08-04, is a Capital Improvement Project (CIP) that proposes the construction of approximately one (1) mile of asphalt pedestrian and bicycle trail mainly along the southern bank of the Creek between Ynez Road and Winchester Road. Construction primarily consists of improvements to existing Riverside County Flood Control and Water Conservation District maintenance roads with new undercrossing and retaining walls at Ynez Road, Interstate 15, and Jefferson Avenue. The project also includes striping improvements on Winchester Road near Diaz Road to add bicycle lanes. On April 13, 2020, the City Council approved the Initial Study, Adopted a Mitigated Negative Declaration, and filed the Notice of Determination. On September 1, 2020, the City Council approved the project plans and specifications, and authorized the Department of Public Works to solicit construction bids. The construction contract was publicly advertised between October 30, 2020 and December 3, 2020. Due to various bid irregularities and the recommendation of staff, the City Manager rejected all bids on December 21, 2020 under authorities delegated by the City Council to the City Manager per City of Temecula Resolution 2020-83. The construction contract was the publicly re -advertised between January 21, 2021 and February 18, 2021. The results are as follows: Contractor Bid Amount 1 Leonida Builders, Inc. $3,978,626.25 2 KEC Engineering $4,361,861.00 3 Three Peaks Corp. $4,365,325.25 4 Beador Construction Company, Inc. $4,795,300.00 5 HYM Engineer, Inc. $4,841,770.00 6 SEMA Construction, Inc. $5,030,720.75 7 LB Civil Construction, Inc. $5,130,612.50 Los Angeles Engineering Inc. Non -responsive The bid submitted by Los Angeles Engineering, Inc. failed to meet the requirement of self - performance of work amounting to at least 50% of their total bid amount and is deemed non- responsive. Of the remaining bids, staff found Leonida Builders, Inc. of Santa Clarita, California to be the lowest responsible bidder. The Engineer's estimate for the project was $4,400,000.00. The specifications allow for one hundred twenty (120) working days for construction, which is approximately six (6) months. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008, the RCA will require that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90-days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right of way improvements projects are five percent of construction costs. The MSHCP fee rate for this project is $7,606/acre. The total impact area is 2.49 acres for a total fee of $18,93 8.94. FISCAL IMPACT: The Santa Gertrudis Pedestrian/Bicycle Trail Extension and Interconnect Project is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2021-25 with funds including Assembly Bill 2766, BTA- Bicycle Transportation, DIF (Open Space & Trails), General Fund, Measure S, and Senate Bill 1 ATP Augmentation. There are sufficient funds to award the construction contract of $3,978,626.25 and authorize the contingency amount of $397,862.63 for a total of $4,376,488.88. Adding the payment of the MSHCP Fee of $18,938.94, will result of a total encumbrance of $4,395,427.82. ATTACHMENTS: 1. Contract 2. Project Description and Budget Sheet 3. Project Location Map CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS CONTRACT for SANTA GERTRUDIS PEDESTRIAN/BICYCLE TRAIL EXTENSION AND INTERCONNECT PROJECT NO. PW08-04 THIS CONTRACT, made and entered into the 23rd day of March, 2021 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", and Leonida Builders, Inc, hereinafter referred to as "Contractor." WITNESSETH: That City and Contractor, for the consideration hereinafter named, mutually agree as follows: CONTRACT DOCUMENTS The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled SANTA GERTRUDIS PEDESTRIAN/BICYCLE TRAIL EXTENSION AND INTERCONNECT, PROJECT NO. PW08-04, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc. (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for SANTA GERTRUDIS PEDESTRIAN/BICYCLE TRAIL EXTENSION AND INTERCONNECT, PROJECT NO. PW08-04. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 990 Park Center Drive, Suite E Vista, CA 92081 (760) 734-1113 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for SANTA GERTRUDIS PEDESTRIAN/BICYCLE TRAIL EXTENSION AND INTERCONNECT, PROJECT NO. PW08-04. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT C-1 The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: SANTA GERTRUDIS PEDESTRIAN/BICYCLE TRAIL EXTENSION AND INTERCONNECT, PROJECT NO. PW08-04 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by City. 3. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of City or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE The City agrees to pay, and Contractor agrees to accept, in full payment for, the work agreed to be done, the sum of: THREE MILLION NINE HUNDRED SEVENTY EIGHT THOUSAND SIX HUNDRED TWENTY SIX DOLLARS AND TWENTY FIVE CENTS ($3,978,626.25), the total amount of the base bid. Contractor agrees to complete the work in a period not to exceed 120 working days, commencing with delivery of a Notice to Proceed by City. Construction shall not commence until bonds and insurance are approved by City. 5. CHANGE ORDERS All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS a. Lump Sum Bid Schedule: Before submittal of the first payment request, the Contractor shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the Contractor's payment requests. b. Unit Price Bid Schedule: Pursuant to Section 20104.50 of the Public Contract Code, within 30 days after submission of a payment request to the City, the Contractor shall be paid a sum equal to 95% of the value of the work* completed according to the bid schedule. Payment request forms shall be submitted on or about the 30th day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made 60 days after acceptance of final payment and the Contractor filing a one-year CONTRACT C-2 Warranty and an Affidavit of Final Release with the City on forms provided by the City. C. Payment for Work Performed: Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Cl. Payment of Interest: Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contract Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. 7. LIQUIDATED DAMAGES / EXTENSION OF TIME a. Liquidated Damages: In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of $1,000 per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor. b. Extension of Time: Contractor will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of the Contractor, including delays caused by City. Within ten calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within 30 calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City. 8. WAIVER OF CLAIMS On or before making each request for payment under Paragraph 6 above, Contractor shall submit to City, in writing, all claims for compensation as to work related to the payment. Unless the Contractor has disputed the amount of the payment, the acceptance by Contractor of each payment shall constitute a release of all claims against the City related to the payment. Contractors hall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. 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 subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1720.9, 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 CONTRACT C-3 thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 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. 10. TIME OF THE ESSENCE Time is of the essence in this contract. 11. INDEMNIFICATION All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify, hold harmless and defend the City of Temecula, Temecula Community Services District, and/or Successor Agency to the Temecula Redevelopment Agency, its officers, employees, and agents, against any and all liability, injuries, or death of persons (Contractor's employees included), and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the City. The Contractor shall indemnify and be responsible for reimbursing the City for any and all costs incurred by the City as a result of Stop Notices filed against the project. The City shall deduct such costs from progress payments or final payments due to the Contractor. 12. GRATUITIES Contractor warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to City's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST Contractor warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the City who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. Contractor further warrants that no person in its employ nor any person with an ownership interest in the Contractor has been employed by the City within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT After the completion of the work contemplated by this Contract, Contractor shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Projectfor either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES CONTRACT C-4 Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City. 16. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 17. INSPECTION The work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. 20. PROHIBITED INTEREST No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the Contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the Contractor covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS CONTRACT C-5 By signing this Contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended. 22. WRITTEN NOTICE Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the Contractor as set forth in the Contract Documents, and to the City addressed as follows: Mailing and Delivery Address: Patrick A. Thomas, PE Director of Public Works / City Engineer City of Temecula 41000 Main Street Temecula, CA 92590 23. CLAIM DISPUTE RESOLUTION In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. All claims arising out of or related to the Contract or this project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must present a claim in accordance with the Government Claims Act as a prerequisite to prosecuting any claim against the City. The filing or prosecution of a claim in compliance with Section 9204 and/or Article 1.5 (if applicable) does not in any way obviate the need to timely present a claim under the Government Claims Act, or in any toll the expiration of any limitations period for the timely presentation of a claim under the Government Claims Act. CONTRACT C-6 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: 03/04/2021 DATED CONTRACTOR: Leonida Builders, Inc 15821 Live Oak Springs Rd Santa Clarita, CA 91387 909-275-3354 panikos@le onidabuilde rs.com By Panagio ZisLeonida Print or type NAME President Print or type TITLE* By: , -// Panagiotis Leonida Print or type NAME Secretary Print or type TITLE* (*Signatures of two corporate officers required for Corporations) CITY OF TEMECULA 0 Maryann Edwards, Mayor ATTEST: Randi Johl, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONTRACT C-7 N(SY 03-09-2021 CALIFORNIA ACKNOWLEDGMENT Si; M-Mi r_oi3 kn& ' CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On (il�' `ate / / before me, Date personally appeared 10 041 S J6810 &4, 1(1(11r Nod Here Insert Name and Title of the ,moo rJ -cc Nome(s) of Signer(s) 11L 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. KELLY YANIRA ORELLANA r Notary Publlc - California Los Angeles County Commission # 2269476 My Comm. Expires May 20, 20 Place Notary Seal and/or Stamp Above 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 i nature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document t �� ) Title or Type of Document: C,&y D 'Uw I.' ('I? l m r*p � af_ po w I[, )N`D4-S C� Document Date: ' yI �� 01t1 �2_ 0 / Number of Pages: �• Signer(s) Other Than Named Above.._ Cap acity(ies) CI imed b Signer(s) Si ner's Name: a5 Corporate Off cer itle(s): s1 ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: _ ©2018 National Notary Association Signer's Name: ❑ Corporate Officer — Titli ❑ Partner — ❑ Limited ❑ ❑ Individual ❑ ❑ Trustee ❑ Other: Signer is Representing neral Attorney in Fact Guardian or Conservator 1129 California Secretary of State gum Electronic Filing Secretary of State State of California Corporation - Statement of Information No Change Entity Name: LEONIDA BUILDERS, INC... Entity (File) Number: C2985971 File Date: 02/08/2021 Entity Type: Corporation Jurisdiction: CALIFORNIA Document ID: GQ50008 There has been no change in any of the information contained in the previous complete Statement of Information filed with the California Secretary of State. By signing this document, I certify that the information is true and correct and that I am authorized by California law to sign. Electronic Signature: P Leonida Use bizfile.sos.ca.gov for online filings, searches, business records, and resources. 00 0 0 0 LO C1 C9 C O E U O 1W s State of California S Secretary of State ;• Statement of Information FK90338 (Domestic Stock and Agricultural Cooperative Corporations) FEES (Filing and Disclosure): $25.00. C11 L ED FILED If this is an amendment, see instructions. IMPORTANT — READ INSTRUCTIONS BEFORE COMPLETING THIS FORM In the office of the Secretary of State of the State of California 1. CORPORATE NAME LEONIDA BUILDERS, INC. APR-05 2017 2. CALIFORNIA CORPORATE NUMBER C29$5971 This Space for Filing Use Only No Change Statement Not applicable if aprit address of record is a P.O. Box address. See instructions.) 3 If there have been any changes to the Information contained in the last Statement of Information riled with the California Secretary of State, or no statement of Information has been previously filed, this form must be completed in its entirety. L1 If there has been no change in any of the information contained in the last Statement of Information filed with the California Secretary of State, check the box and proceed to Item 17. Complete Addresses for the Following (Do not abbreviate the name of the city. Items 4 and 5 cannot be P.O. Boxes_ 4 STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE CITY STATE ZIP CODE 15821 LIVE OAK SPRINGS CANYON RD, SANTA CLARITA, CA 91387 5 STREET ADDRESS OF PRINCIPAL BUSINESS OFFICE IN CALIFORNIA, IF ANY CITY STATE ZIP CODE 15821 LIVE OAK SPRINGS CANYON ROAD, SANTA CLARITA, CA 91387 6 MAILING ADDRESS OF CORPORATION, IF DIFFERENT THAN ITEM 4 CITY STATE ZIP CODE PANAGIOTIS LEONIDA, PRESIDENT 15821 LIVE OAK SPRINGS CANYON ROAD, SANTA CLARITA, CA 91387 Names and Complete Addresses of the Following Officers (The corporation must list these three officers. A comparable title for the specific officer may be added; however, the prepdntgd titles un this form must not be altered_) 7. CHIEF EXECUTIVE OFFICER/ ADDRESS CITY STATE ZIP CODE PANAGIOTIS LEONIDA 15821 LIVE OAK SPRINGS CANYON RD., SANTA CLARITA, CA 91387 6. SECRETARY ADDRESS CITY STATE ZIP CODE PANAGIOTIS LEONIDA 15821 LIVE OAK SPRINGS CANYON RD., SANTA CLARITA, CA 91387 9. CHIEF FINANCIAL OFFICER/ ADDRESS CITY STATE ZIP CODE PANAGIOTIS LEONIDA 15821 LIVE OAK SPRINGS CANYON RD., SANTA CLARITA, CA 91387 Names and Complete Addresses of All Directors, Including Directors Who are Also Officers (The corporation must have at least one dir_ectdr. Attach additional pages, if necessary ) 10. NAME ADDRESS CITY STATE ZIP CODE PANAGIOTIS LEONIDA 15821 LIVE OAK SPRINGS CANYON RD, SANTA CLARITA, CA 91387 11. NAME ADDRESS CITY STATE ZIP CODE 12, NAME ADDRESS CITY STATE ZIP CODE 13, NUMBER OF VACANCIES ON THE BOARD OF DIRECTORS, IF ANY: 0 Agent for Service of Process If the agent is an individual, the agent must reside in California and Item 15 must be completed with a California street address, a P.O. Box address is not acceptable If the agent is another corporation, the agent must have on file with the California Secretary of State a certificate pursuant to California Corporations Code section 1505 and Item 15 must be left blank. 14, NAME OF AGENT FOR SERVICE OF PROCESS PANAGIOTIS LEONIDA 15. STREET ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA, IF AN INDIVIDUAL CITY STATE ZIP CODE 15821 LIVE OAK SPRINGS CANYON RD, SANTA CLARITA, CA 91387 Type of Business 16 DESCRIBE THE TYPE OF BUSINESS OF THE CORPORATION GENERAL CONTRACTOR 17. BY SUBMITTING THIS STATEMENT OF INFORMATION TO THE CALIFORNIA SECRETARY OF STATE, THE CORPORATION CERTIFIES THE INFORMATION CONTAINED HEREIN, INCLUDING ANY ATTACHMENTS, IS TRUE AND CORRECT. 04/05/2017 PANAGIOTIS LEONIDA PRESIDENT DATE TYPE/PRINT NAME OF PERSON COMPLETING FORM TITLE SIGNATURE SI-200 (REV 01/2013) Paige I of 1 APPROVED BY 8ECRETARY OF STATE CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS BOND NO. LABOR AND MATERIALS BOND for SANTA GERTRUDIS PEDESTRIAN/BICYCLE TRAIL EXTENSION AND INTERCONNECT PROJECT NO. PW08-04 KNOW ALL PERSONS BY THESE PRESENTS: THAT, WHEREAS, the City of Temecula has awarded to: NAME AND ADDRESS OF CONTRACTOR (hereinafter called "Contractor"), a contract for the work described as follows: SANTA GERTRUDIS PEDESTRIAN/BICYCLE TRAIL EXTENSION AND INTERCONNECT, PROJECT NO. PW08-04 (hereinafter called "Contract"), and WHEREAS, said Contractor is required by the provisions of Sections 9550 through 9566 of the Civil Code to furnish a bond in connection with said Contract, as hereinafter set forth. NOW, THEREFORE, WE, the undersigned Contractor, as Principal, and NAME AND ADDRESS OF SURETY are 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, California, and all contractors, subcontractors, laborers, material men, and other persons employed in the performance of the aforesaid Contract and referred to in Section 9100 of the Civil Code, in the penal sum of DOLLARS AND _ CENTS ($ ), lawful money of the United States, said sum being not less than 100% of the estimated amount payable by the said City of Temecula under the terms of the Contract, for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Contractor, or its heirs, executors, administrators, successors, and assigns, or subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or teams, implements or machinery, used in, upon, for, or about the performance of the work under the Contract to be done, or for any work or labor thereon of any kind or for amounts due under Section 13020 of the Unemployment Insurance Code with respect to such work or labor, as required by Section 9550 et seq. of the Civil Code, and provided that the claimant shall have complied with the provisions of said Civil Code, the Surety shall pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. LABOR AND MATERIALS BOND LM-1 As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond, and shall also cover payment for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond. The Surety hereby waives notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on this day of , 20 (Seal) SURETY: By: (Name) (Title) APPROVED AS TO FORM: PRINCIPAL: By: (Name) (Title) By: (Name) Peter M. Thorson, City Attorney (Title) NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures. LABOR AND MATERIALS BOND LM-2 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS BOND NO. PERFORMANCE BOND for SANTA GERTRUDIS PEDESTRIAN/BICYCLE TRAIL EXTENSION AND INTERCONNECT PROJECT NO. PW08-04 KNOW ALL PERSONS BY THESE PRESENTS: THAT, WHEREAS, the City of Temecula, State of California, entered into a Contract on this day of , 20 , hereinafter called "Contract," with NAME AND ADDRESS OF CONTRACTOR (hereinafter called "Principal"), for the work described as follows: SANTA GERTRUDIS PEDESTRIAN/BICYCLE TRAIL EXTENSION AND INTERCONNECT, PROJECT NO. PW08- 04; and WHEREAS, the said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract. NOW, THEREFORE, WE, the Principal, and NAME AND ADDRESS OF SURETY are 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 _ DOLLARS AND _ CENTS ($ ), lawful money of the United States, for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if the Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract, 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, in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. PERFORMANCE BOND PB-1 The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on this day of , 20 (Seal) SURETY: PRINCIPAL: By: By: (Name) (Title) APPROVED AS TO FORM: (Name) (Title) By: (Name) Peter M. Thorson, City Attorney (Title) NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures. PERFORMANCE BOND PB-2 CITY OF TEMECULA� DEPARTMENT OF PUBLIC WORKS BOND NO. MAINTENANCE BOND for SANTA GERTRUDIS PEDESTRIAN/BICYCLE TRAIL EXTENSION AND INTERCONNECT PROJECT NO. PW08-04 KNOW ALL PERSONS BY THESE PRESENT THAT a NAME AND ADDRESS OF CONTRACTOR (hereinafter called "Principal"), and (fill in whethera Corporation, Partnership, orindividual) NAME AND ADDRESS OF SURETY (hereinafter called "Surety"), are held and firmly bound unto CITY OF TEMECULA (hereinafter called "Owner") in the penal sum of DOLLARS AND CENTS ($ ) in lawful money of the United States, said sum being not less than ten percent of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such thatwhereas, the Principal entered into a certain Contract with the Owner, dated the day of , 20 , a copy of which is hereto attached and made a part hereof for the construction of SANTA GERTRUDIS PEDESTRIAN/BICYCLE TRAIL EXTENSION AND INTERCONNECT, PROJECT NO. PW08-04. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year after approval of the final estimate on said job, by the Owner, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on this the day of , 20 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by G-1 the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this day of , 20 (Seal) SURETY: PRINCIPAL: By: By: (Name) (Title) APPROVED AS TO FORM: (Name) (Title) By: _ (Name) Peter M. Thorson, City Attorney (Title) NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures. G-2 f Adk The Heart of Southern California Wine Country City of Temecula Fiscal Years 2021-25 Capital Improvement Program SANTA GERTRUDIS CREEK PEDESTRIAN/BICYCLE TRAIL EXTENSION Infrastructure Project Project Description: This project includes the design, environmental, and construction of the extension and interconnect of the existing Santa Gertrudis Creek Pedestrian/Bicycle Trail from Ynez Road to the Murrieta Creek Multi -Purpose Trail. The extension and interconnect will provide access and under -crossings at Ynez Road, Interstate 15 and Jefferson Avenue, and a continuous paved trail along the Santa Gertrudis Creek to interconnect with the Murrieta Creek Multi -Purpose Trail. Benefit: The project provides additional pedestrian and bicycle trails for the community. Core Value: Transportation Mobility and Connectivity Project Status: The design and environmental document is expected to be complete by the end of Fiscal Year 2019-20. Department: Public Works - Account No. 210.265.999.739 / PW08-04 Level: I Project Cost: Prior Years Actuals 2020-21 2019-20 Adopted 2021-22 2022-23 2023-24 2024-25 Adjusted Budget Projected Projected Projected Projected Total Project Cost Administration 211,765 631,222 842,987 Construction 4,217,043 4,217,043 Construction Engineering 265,600 265,600 Design & Environmental 504,008 248,104 752,112 MSHCP 210,853 210,853 Total Expenditures 715,773 5,572,822 6,288,595 Source of Funds: Assembly Bill 2766 58,683 58,683 BTA - Bicycle Transportation 223,311 223,311 Account DIF-Open Space & Trails 189,073 200,000 389,073 General Fund 78,920 78,920 Measure S 821,899 957,709 1,779,608 Senate Bill 1 3,759,000 3,759,000 Total Funding 1,371,886 4,916,709 6,288,595 Future Operating & Maintenance Costs: Total Operating Costs 128 i Temecula - Santa rr i r Trail / � City of Te ecu a to Ge t ud s Creek T a The map SantaGertrudisCreekll.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update and modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on this ,I map. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gis 400 800 Feet I I I Updated 12/3/2019 Item No. 11 ACTION MINUTES TEMECULA COMMUNITY SERVICES DISTRICT MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MARCH 9, 2021 CALL TO ORDER at 8:18 PM: President Schwank ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart CSD PUBLIC COMMENTS - None CSD CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Stewart. The vote reflected unanimous approval. 11. Approve Action Minutes of February 23, 2021 Recommendation: That the Board of Directors approve the action minutes of February 23, 2021. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 8:20 PM, the Community Services District meeting was formally adjourned to Tuesday, March 23, 2021 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. Zak Schwank, President ATTEST: Randi Johl, Secretary [SEAL] Item No. 12 ACTION MINUTES JOINT MEETING - SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY / CITY COUNCIL COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MARCH 9, 2021 CALL TO ORDER at 8:20 PM: Chair Maryann Edwards ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart SARDA / COUNCIL PUBLIC COMMENTS - None SARDA / COUNCIL CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Schwank, Second by Stewart. The vote reflected unanimous approval. 12. Approve the Eighth Amendment to the Disposition and Development Agreement for the Town Square Marketplace Development Between the Successor Agency to the Temecula Redevelopment Agency, the City of Temecula, and Town Square Marketplace Old Town, LLC (APN Nos. 922-360-004, 005, 006, W) Recommendation: That the City Council and Successor Agency to the Temecula Redevelopment Agency adopt resolutions entitled: RESOLUTION NO. 2021-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE EIGHTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF TEMECULA, SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, AND TOWN SQUARE MARKETPLACE OLD TOWN, LLC CONVEYING APPROXIMATELY ONE ACRE OF PROPERTY LOCATED ON MAIN STREET WEST OF MERCEDES STREET RESOLUTION NO. SARDA 2021-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE EIGHTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF TEMECULA, SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, AND TOWN SQUARE MARKETPLACE OLD TOWN, LLC CONVEYING APPROXIMATELY ONE ACRE OF PROPERTY LOCATED ON MAIN STREET WEST OF MERCEDES STREET SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTOR REPORTS SARDA ADJOURNMENT At 8:22 PM, the Successor Agency to the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, March 23, 2021, 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. Maryann Edwards, Chair ATTEST: Randi Johl, Secretary [SEAL] N Item No. 13 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Director of Community Development DATE: March 23, 2021 SUBJECT: Receive and File One -Year Short -Term Rental Enforcement Update and to Provide Direction on Continued Enforcement PREPARED BY: Brandon Rabidou, Senior Management Analyst RECOMMENDATION: That the City Council receive and file an update on the one-year short-term rental enforcement program and to provide direction on continued enforcement. BACKGROUND: The Short -Term Rental (STR) market emerged as part of the on-line "sharing economy" where homeowners rent a room or their entire home for short stays, such as overnight, weekends, or even a week in some cases. Generally, the stays are short and not more than 30 consecutive days. These STRs are often done as a way to generate rental income by the owner of the home. The use of STRs by tourists has turned into a booming unregulated economy, growing immensely in recent years. Staff s research in 2017 showed there have been as many as 300 unpermitted STRs in the City of Temecula. The number of short term rentals varies depending on the time of year and the type of activities or events occurring around the community. This increase in STR use correlates to an increase in complaints from residents about neighborhood impacts. STRs are seen as providing a different experience than that of the traditional hotel stay where renters, which may include friends and family members, can stay in a home at an affordable price and have full use of the amenities offered by the STR host. This, at times, has led to the City receiving complaints about renters generating excessive noise, disorderly conduct, traffic congestion, illegal parking, and accumulation of trash. As a result of numerous complaints from residents regarding STRs, staff was directed to research STRs and conduct outreach efforts within the community for the purpose of educating the public and to obtain information regarding the public perception, interest, and support or opposition to STRs. In April 2018, staff entered into an agreement with HARC Consulting to assist with the community outreach meetings and to prepare a report summarizing the outreach effort and conclusions for consideration in developing policies or regulations related to STRs. Between July and August of 2018, a total of five community outreach meetings were held; one within each City Council district within the City. The meetings were facilitated by City staff in partnership with HARC. The meetings began with City staff providing a short informational session about short term rentals and their implications for the City. At each of the community outreach meetings, staff presented a slide that informed attendees that short-term rentals are not permitted (Bed and Breakfast establishments were noted to be conditionally permitted with a valid Conditional Use Permit). Community members were given the opportunity to provide input. Three common themes emerged from public comments at the outreach meetings: 1) Positive Comments — STR guests generally rate their experiences as good to very good, STRs create local jobs, and STRs supplement a host's income; 2) Negative Comments — Noise and safety impacts quality of life of neighboring residents, lack of accountability of host, and lack of adequate response from the City and Police Department to complaints; and the introduction of commercial use in a residential neighborhood/zone 3) Proposed Solutions — The City needs to develop specific regulations, host needs to live nearby or on -site, and the City needs to establish fines and penalties for STRs. At the November 13, 2018, City Council meeting, staff presented the STR community outreach results. The presentation contained a slide that once again stated that short-term rentals are prohibited (with Bed and Breakfast establishments being conditionally permitted with a valid Conditional Use Permit). During that meeting, speakers spoke both in opposition to STRs and in support of STRs. At the conclusion of that meeting, City Council directed staff to develop a framework around a "hosted" STR ordinance. A hosted short-term rental is one that operates with a host ("owner home sharing"). A non -hosted short-term rental operates without any requirement for a host ("whole house rental"). At the March 12, 2019, City Council meeting, staff presented a proposed "hosted" short-term rental framework. Again, this presentation included a slide that informed attendees that short-term rentals are not permitted (Bed and Breakfast establishments were noted to be conditionally permitted with a valid Conditional Use Permit). During that meeting, speakers spoke both in opposition and support of STRs. At the conclusion the public testimony, the City Council discussed the proposed framework, and concerns with enforcing hosted short-term rentals. Additionally, the City Council reaffirmed that non -hosted short-term rentals were no longer a policy option. Further discussion resulted in the City Council providing staff with three tasks. Staff was directed to: 1) Proceed with a Request for Proposal (RFP)/Contract with a third party vendor to monitor STR activity in the City 2) Return to the City Council with an updated fine for unpermitted STRs 3) Return to the City Council STR Subcommittee to further discuss the hosted STR ordinance On April 17, 2019, staff met with the Planning Commission STR Subcommittee (Guerriero/Turley-Trejo). During that meeting, the PC Subcommittee was updated on the progress of the three tasks. Staff also informed the PC Subcommittee that an ordinance with a short-term rental definition and an amendment (re -affirming the existing prohibition) to the land use table would be forthcoming. Staff met with the City Council STR Subcommittee on April 23, 2019. During that meeting, staff presented an update on the third parry compliance vendor, fine structures, and the return of a hosted STR ordinance. The STR Subcommittee recommended that staff proceed with the updating the fine for unpermitted STRs. Additionally, the STR Subcommittee recommended that staff work through the process of enforcing the updates prior to returning to the City Council with a hosted ordinance. The STR Subcommittee also recommended that staff return to the City Council after 365 days of enforcement to further discuss future changes. Staff reported back the City Council subcommittee on March 9, 2021. On June 5, 2019, staff presented the proposed amendments to the Planning Commission. Speakers spoke both in support and in opposition to the proposed amendments. Prior to the hearing, a petition to delay the hearing was received. The Planning Commission was provided with a copy of this petition, and a copy was made available to the public. The Planning Commission approved Resolution 19-17 (4-0 vote) recommending that the City Council adopt the proposed amendments. On June 25, 2019, staff provided a status update to the City Council Subcommittee on the progress of the three tasks. The Subcommittee recommended that staff only draft an ordinance reaffirming the existing prohibition of short term rentals and updating the fine structure for unpermitted STRs to bring back to the full City Council in the future. In addition, the Subcommittee recommended to increase enforcement of unpermitted STRs. Since that time, staff has selected a third party compliance vendor, Host Compliance, and completed third party compliance vendor training. Staff met with the City Council STR Subcommittee on December 10, 2019. During that meeting, staff provided an update on the progress of the ordinance and the above three tasks. On January 14, 2020, the City Council unanimously voted to adopt an updated short-term rental ordinance that reaffirmed the existing prohibition on short-term rentals. The City Council also unanimously voted to adopt a resolution that increased the fines for illegal short-term rentals to $1,000 per day. EFFECTS ON HOUSING SUPPLY: In addition to the complaints generated by STRs, there is increasing pressure from the State of California for local municipalities to address the current housing crisis. In order to address housing issues, cities are required to analyze and forecast housing in the Housing Element of their General Plan every eight years. During each eight -year housing cycle, cities are allocated a Regional Housing Needs Assessment (RHNA) number. Cities are required to report on RHNA progress annually. The City's 2018 RHNA Annual Progress Report documented 90 new housing units. According to the California Department of Housing and Community Development (HCD), 180,000 additional housing units are needed statewide (annually) to keep up with existing and projected housing demand. The lack of available housing has created a situation where residents of California are paying an unsustainable amount of their income towards rent. More than three million households pay more than 30 percent of their income towards rent; 1.5 million households pay more than 50 percent of their income towards rent. The lack of affordable housing is also frequently cited as a contributing factor to increased homelessness. Staff has observed short-term rentals converted to monthly rentals and others returned to the housing stock. As the City begins on a required Housing Element update, housing losses associated with unpermitted short-term rentals are becoming a serious concern for the City and communities throughout the state. As of February 2021, approximately 45 unpermitted short- term rentals exist on the market. SUMMARY: Staff is presenting the City Council with a one-year update on the short-term rental enforcement program. FISCAL IMPACT: Community Development has budgeted sufficient funds for the enforcement of the ordinance. ATTACHMENTS: None Item No. 14 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: March 23, 2021 SUBJECT: Discuss In Person and Virtual Meeting Attendance Options at City Council Meetings (At the Request of Council Member Alexander) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk Peter Thorson, City Attorney RECOMMENDATION: That the City Council discuss in person and virtual meeting attendance options for the Council and public at City Council meetings and provide direction regarding the same. BACKGROUND: At the meeting of March 9, 2021, Council Member Jessica Alexander requested that an item be placed on the next agenda regarding opening City Council meetings for in person attendance by the Council and public. This item is before the City Council tonight for discussion and direction as a result. Upon receiving direction from the City Council, staff will bring back a confirming resolution for adoption at the April 13, 2021 meeting establishing the new meeting protocols and procedures that may be requested by the Council. Current Conduct of Meetings Currently, City Council meetings are conducted virtually utilizing Zoom technology. The technology operates on a nearly all or nothing platform. For virtual meetings, the platform allows for one onsite presence in the Council Chambers with the balance of participants joining virtually. For in person meetings, the platform requires all participants onsite in the Council Chambers and allows for one virtual offsite participant. Currently, all public comments are received electronically via email and read into the record consistent with the Governor's Executive Order No. N-29-20. General Considerations for Change in Conduct of Meetings As the Council evaluates changes to the current process, there are many considerations that require collective Council direction to effectuate the change. Those considerations sequentially are as follows: 1. When would the City Council like to begin conducting in person meetings again? 2. When conducting in person meetings again, would the Council prefer a partial opening with only Council and staff in the Chambers, or a full opening with the public in the Chambers as well? If a partial opening is preferred, when would the Council prefer the full opening to occur? 3. When conducting in person meetings again, which health and safety protocols would the Council like to have in place? What enforcement mechanisms would the Council like in place for these health and safety protocols. 4. When conducting in person meetings again, how would the Council like to receive and record public comments? 5. When would the Council like the boards and commissions to conduct in person meetings again? As there are numerous legal, best practice, and staff implications associated with each of these items, the details associated of each item is discussed separately below. 1. When would the City Council like to begin conducting in person meetings again? The City of Temecula, as a government entity, is an essential business under the Governor's Emergency Orders. On March 16, 2021, the City as a part of Riverside County, moved from the Purple Tier with widespread status under the State of California's Blueprint for Safer Economy, to the Red Tier with substantial spread. Under both the Purple and Red Tier, government services may be provided with health modifications. Government services may continue to be provided with modifications under the Orange and Yellow Tier as well. https://covidl9.ca.gov/safer- economy/ However, under both the State and County public health orders, indoor gatherings of persons from multiple households are still discouraged and strictly limited. As counties move from Purple Tier to Red Tier, some indoor activities including weddings, funerals, services in places of worship, and movie theaters are permitted with a maximum 25% capacity and health mitigation. Indoor and outdoor live entertainment performances are still prohibited even in the Red Tier. https://www.rivcoph.org/coronavirus and https:Hcovidl9.ca._og v/stay-home-except-for-essential- needs/. Mitigation for permitted gatherings includes public health measures such as social distancing of 6 feet, wearing a mask, temperature checks, health screenings, sanitation of equipment, etc. Implementation of these mitigation measures necessarily includes additional staff resources and equipment and/or personal protective equipment (PPE) for the public. A reasonable amount of lead time would be required to acquire and/or implement changes regardless of when in person meetings resume. 2. When conducting in person meetings again, would the Council prefer a partial opening with only Council and staff in the Chambers, or a full opening with the public in the Chambers as well? If a partial opening is preferred, when would the Council prefer the full opening of the Chambers to occur? As mentioned under the previous item, in person Council meetings, whether partial or full, would require implementation of public health measures to mitigate for gathering prohibitions under State and County public health orders. The number of staff, amount of equipment, and space accessibility that is needed to implement the measures varies dependent on whether the opening is partial or full. For example, with a partial opening less space is needed as Council may be social distanced on the dais and staff may be socially distanced in the general seats of the Chamber. Public health measures are already administratively required for all employees onsite. With a full opening to in person meetings, there may be additional needs for space in the Conference Center, PPE availability for the public, temperature check equipment near entrances, etc. that will require additional onsite staff before, during and after the meetings are conducted. 3. When conducting in person meetings again, which health and safety protocols would the Council like to have in place? What enforcement mechanisms would the Council like in place for these health and safety protocols. Best practices utilized by public and private sectors and recommended by the Centers for Disease Control and Prevention (CDC) to mitigate virus spread include the following: (1) Get Vaccinated, (2) Wear a Mask, (3) Stay 6 Feet Away From Others, (4) Avoid Crowds and Poorly Ventilated Spaces, (5) Wash Your Hands, (6) Cover Coughs and Sneezes, (7) Clean and Disinfect, and (8) Monitor Your Health Daily. https://www.cdc.gov/coronavirus/2019-ncoy/prevent- eg tting- sick/prevention.html It is important to note that these measures are guidelines and recommendations to slow community spread of the disease. At the time of print, neither the State nor the County had a uniform mandate in place. However, mandates for public and private sector employers and businesses are commonplace. As an example, many local governments administratively require public health measures as do many restaurants, retail stores, etc. Enforcement mechanisms vary greatly depending upon the sector, type of business, employer preference for reducing workers compensation liability and public claims, etc. Enforcement can range from a reminder or warning to put on a mask to the denial of services. Depending upon the level of enforcement desired of public health measures at in person Council meetings, staff will need to be present and informed to address any situations that may arise. Historically and pre - pandemic, a deputy sheriff or two were regularly present at in person Council meetings and were available to assist non -safety staff accordingly. 4. When conducting in person meetings again, how would the Council like to receive and record public comments? Public comments may be received in person, telephonically or electronically consistent with Executive Order No-29-20. In person comments from the general vicinity of the podium may be received with the appropriate public health measures utilized by both the speaker and staff in between speakers (i.e., masks and sanitation). All standard requirements under the Brown Act and timing practices would still be applicable. Given the ongoing existence of the pandemic and the City's obligation to accommodate under the Americans with Disabilities Act (ADA), the City would still need to continue to receive comments electronically via email as is current practice for the record. The practice of emails being read into the record is consistent with ADA, Brown Act and Executive Order considerations. It is important to note that changes in these practices would need to be appropriately noticed on the agenda for public awareness. While telephonic comments have been referenced in passing discussions, implementation would require additional staff review of which systems are available, how they can be implemented in a manner that is consistent with the Brown Act for timing and accessibility, what meeting production elements will be impacted, how technological challenges will be mitigated, etc. Challenges associated with duplication of comments by the same caller, etc. would also need to be evaluated. A hybrid approach of in person and email comments received in real time and read into the record is also possible. 5. When would the Council like the boards and commissions to conduct in person meetings? Board and commission meetings are held in a manner that is consistent with City Council meetings in every way possible for consistency in application to the law as well as best practices. There are currently five boards and commissions with twenty-seven members. There is an increased interest in viewing the board and commission meetings by the public. If the City Council chooses to change the manner in which it holds its own meetings, those changes would be made applicable by default to the board and commission meetings as well, unless Council indicates otherwise. Refzional Awareness While it is not binding upon the Council as to how and when it chooses to conduct its own meetings and/or receive public comments, a comparison is provided below for general awareness purposes of what surrounding cities and the County are doing with respect to public meetings. Agency Open to Public Legislative Body on Dais Public Protocols If Applicable) Murrieta No 2 On Dais, Balance Virtual N/A Wildomar No 3 On Dais, Balance Virtual N/A Lake Elsinore Yes (Began 2/23/21) All on Dais with Social Social Distancing, Distancing Masks Required, Location Sanitation Before and After Meetings Menifee No All on Dais with Social N/A Distancing Riverside County Yes All on Dais with Social Social Distancing, Distancing Masks Required, Temperature Check, Podium Blocked, Location Sanitation Before and After Meetings Based on the information provided and additional dialogue and deliberation, it is recommended that the City Council provide direction in the five categories identified above. Final approval of the resolution codifying the direction will be presented for adoption by the City Council at the April 13, 2021 meeting. FISCAL IMPACT: None ATTACHMENTS: None Item No. 15 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Director of Community Development DATE: March 23, 2021 SUBJECT: Community Development Department Monthly Report RECOMMENDATION: That the City Council receive and file the Community Development Department monthly report. The following are the highlights for Community Development for the month of February 2021. VIRTUAL TRANSITION The COVID-19 pandemic necessitated the virtual shift of many functions of the City, and Community Development in particular. Community Development, in collaboration with Business License, Fire, Land Development, Police, and IT, shifted all Permit Center services online in under one week. Building and Safety has implemented virtual inspections utilizing FaceTime. While keeping the health and safety of staff and the community as the top priority, the division has been able to increase the volume of inspections conducted, and keep projects moving with this new process. Community Development resumed public hearings and meetings in April by shifting to virtual meetings, conducted via Zoom. CURRENT PLANNING ACTIVITIES Planning processed 25 new applications (not including Home Occupations) and conducted one (1) Public Hearings in February 2021. A detailed account of planning activities is attached to this report. Plan Type February 2021 Long Range Projects 2 Accessory Dwelling 1 Conditional Use Permit 1 Home Occupation 44 Massage Permits 3 Minor Exception Modifications 4 Pre -Application Sign Program 2 Temporary Use Permit Zoning 4 Total Woodspring Suites (PA20-0072): The City is processing a Development Plan for an approximately 60,600 square foot, four-story, 130 room Woodspring Suites Hotel located on the west side of Madison Avenue between Buecking Drive and McCabe Court. (COOPER) Sommers Bend Multi -Family Density Core (PA20-1219, 20-1459): The City is processing a Development Plan and Tentative Tract Map for a 376-unit multi -family community consisting of townhomes, motorcourt duplexes, and bungalow 3-packs built on 31.49 acres. The project includes a paseo connecting the project to the recreation center and sports park, a dog run, play areas, parks, barbecue areas, bocce ball, and a ninja course. The project is located within Planning Areas 28 & 29 of Sommers Bend. (COOPER) Sommers Bend PA15 HPR (PA20-1454): The City is processing a Home Product Review for Planning Area 15 of the Roripaugh Ranch Specific Plan to allow for three (3) unique detached single-family plans with three (3) architectural styles consisting of 45 lots. (CARDENAS) Sommers Bend Home Product Review (HPR) (PAs 20-1414, 20-1415, 20-1416): The City is processing Home Product Reviews for a total of 57 single family lots. This phase is located on the southern and eastern boundaries of the project, are the larger 20,000 square foot minimum lots and encompasses Planning Areas 19, 20B, and 21. (COOPER) Sommers Bend Home Product Review (HPR) (PA20-1461): The City is processing Home Product Review for a total of 115 single family lots located in Planning Area 17A. (COOPER) Sommers Bend Home Product Review (HPR) (PA20-1321): The City is processing Home Product Review for a total of 74 single family lots located in Planning Area 18A. (COOPER) Temecula Village Phase II (PAs 20-0323, 20-0324, 20-0325, 20-0326): The City is processing a Development Plan for a 134 unit multi -family community built on 7.61 acres; a Tentative Tract Map (TTM 38043) to combine eight (8) existing contiguous parcels into a single parcel; a General Plan Amendment to amend the underlying General Plan Land Use designation of the project site from Professional Office (PO) to Medium Density Residential (M); a Planned Development Overlay Amendment for PDO-5, (Temecula Village). The City is working with a consultant to prepare a fiscal impact analysis and with an environmental consultant to prepare and environmental document. The project is located on the south side of Rancho California Road, approximately 150 feet west of Cosmic Drive. (COOPER) Paseo Del Sol Tentative Tract Map No. 36483 (PA14-0087): The City is processing a Tentative Tract Map (No. 36483) for 168 single-family homes and 11 open space lots located at the northwest corner of Temecula Parkway and Butterfield Stage Road. (COOPER) Solana Winchester (PA20-1371): The City is processing a Development Plan to allow for the construction of a 350-unit apartment community located within the Residential Overlay Area of Planning Area 12 of the Harveston Specific Plan at the terminus of Date Street approximately 900 feet south of Ynez Road. The City is working with a consultant to prepare a fiscal impact analysis. (COOPER) Sanborn/Jefferson Gas Station (PAs 21-0075, 21-0076): The City is processing a Development Plan and Conditional Use Permit for an approximately 10,000 square foot gas station consisting of 12 fueling pumps, convenience store, quick service restaurant, and multi -tenant retail building located at 41480 Sanborn Ave. (COOPER) Winchester Hills Development Agreement Amendment (PA21-0128): The City is processing a Second Amendment to the Development Agreement by and between the City of Temecula and Lennar Homes, Inc., a California Corporation and Winchester Hills I LLC, a California Limited Liability Company to rescind the First Amendment to the Development Agreement and reinstate the original term of the Development Agreement for the Winchester Property located within portions of Planning Area 12 of the Harveston Specific Plan.. (COOPER) LONG RANGE PLANNING Temporary Expanded Outdoor Dining and Retail in Old Town: As the State of California and Riverside County Public Health loosen restrictions related to the COVID 19 pandemic, City Council has directed staff to implement multiple programs (Temecula Revive) that accelerate local economic activity while maintaining compliance with all State or County mandates. Staff has developed the Temporary Expanded Dining/Retail program to assist businesses during these challenging times. On May 29, 2020, the City Council Old Town Steering Subcommittee (Naggar/Schwank) received a presentation from staff regarding the proposed Temporary Expanded Dining/Retail program. Staff provided updates to the City Council on July 14, 2020. Approximately 50 businesses have participated in the program throughout the City. (RABIDOU, WATSON) Objective Design and Development Standards (LR18-1684): The City received an SB 2 Grant from the State Department of Housing and Community Development (HCD) to update the Objective Design and Development Standards for multi -family and mixed -use residential developments, with the goal of expediting housing production, streamlining approval processes, and establishing the foundation for future regulations and housing laws. Staff is developing Objective Design Standards that will conform with SB 35, and will incorporate objective design guidelines into the City's Development Code. Staff has hired P1aceWorks, to assist with development of our design standards for multifamily and mixed use. On September 28, 2020, staff and Consultant presented six architectural styles to the PC Infill Subcommittee, consisting of Commissioners Watts and Turley-Trejo. The Subcommittee agreed with staff s six recommended styles. On October 13, 2020, staff and Consultant presented to the CC Infill Subcommittee consisting of Council Member Naggar and Rahn, the six recommended architecture styles. The Council Members agreed with staffs recommendation to move forward with detailing the styles for the Objective Design Standards. Early December, the consultant provided staff with a first draft of the ODS document. Staff reviewed and provided comments/edits. Currently, the consultant has provided a revised second draft based on the staffs comments, and they incorporated a checklist within the document to streamline the review process. The second draft has been routed to staff for final review. (TOMA, RABIDOU) Permit Ready ADU Program (LR19-1464): The City received an SB 2 Grant from the State Department of Housing and Community Development (HCD) to prepare, adopt, and implement a Permit Ready Accessory Dwelling Unit (ADU) program. The ADU program will encourage the construction of ADUs, offering property owners a selection of pre -approved ADU building plans that can be obtained at the community Development Department, free of charge. On September 16, 2020, the RFP closed on PlanetBids. The City received three detailed proposals from qualified consultants. After detailed review of all the proposals, staff selected checkerboardSTUDIOS Consultant Firm. The contract has been executed, staff is in the process of kicking off the project with the Consultant. Work is anticipated to begin mid -March. (TOMA, RABIDOU) Transportation Discovery and Existing Conditions Analysis (LR20-1071): The City received an SB 2 Grant from the State Department of Housing and Community Development (HCD) to prepare an internal document for staff to identify potential transportation focused areas as part of Phase 2 of our General Plan Update process and timeline. The City has hired Fehr & Peers (F&P) to document existing transportation conditions in the City, provide benchmarking information on how transportation facilities, transportation use and policies compares to other peer agencies (through benchmarking) and will evaluate how much of the current Circulation Element has been implemented. Staff worked with F&P to identify methodology, thresholds, and mitigation to address VMT for CEQA evaluation, which the City Council adopted in May 2020. On February 22nd, Planning staff kicked off the project with F&P and Public Works. Currently, staff is working with F&P to compile GIS data. (PETERS, TOMA) SCAG 2021 Sustainability Award — Pump Track (LR21-0046): On February 24, 2021, Staff submitted a nomination for the City of Temecula's Pump Tracks at Ronald Reagan Sports Park. The nomination has been submitted under the Active, Healthy, and Safe Communities Category. The category honors a project or plan that promotes public health through improved active transportation, transportation safety, or pollution reduction. Submissions should demonstrate how the project or plan promotes healthy behaviors such as biking or walking, improving community safety through declining collision rates, or reducing exposure to environmental hazards. The project or plan should result in communities where residents are empowered to lead healthier lives. (TOMA) Mobile Food Trucks (LR20-1472): On February 23, 2021, staff presented to the Economic Development Subcommittee members (ME/JS) on Mobile Food Trucks (MFT). This was a noticed meeting with one public comment in favor of MFT, read by Stuart Fisk. The intent of the meeting was to get the subcommittee's feedback on the potential for MFT to operate in the City. Staff presented the definition of MFTs, existing regulations, standards of operation to consider, and Pros & Cons list. The subcommittee advised staff to create a framework and come back to the committee for discussion. (TOMA) Waves to Wineries: Staff is working with the National Parks Service on the Waves to Wineries Trail Plan. The purpose of this plan is to unite Temecula Wine Country with the Pacific Coast by identifying a network of trails along the Santa Margarita River corridor. (PETERS) HOUSING Las Haciendas Affordable Housing Project: The City is processing a Development Plan for a 77-unit affordable multi -family housing community consisting of two residential buildings, a community building and tuck -under parking located at 28715 Las Haciendas. The City Council approved a Loan Agreement with Community Housing Works (CHW) for the use of affordable housing tax allocation bond proceeds on May 26, 2020. The developer held a virtual community workshop on July 28, 2020. The item was approved by the Planning Commission on October 7, 2020. CHW will apply for funding through the State in 2021. (RABIDOU, WATSON) Vine Creek Disposition and Development Agreement (DDA): City Council approved the DDA with Temecula Pacific Associates on June 25, 2019 for the development of 60 affordable units on City -owned property on Pujol Street. The developer is looking to secure financing from the State of California prior to construction. The City and developer will collaborate with the County of Riverside and the State Department of Housing and Community Development for additional funding opportunities through the Permanent Local Housing Allocation grant. (WATSON) Housing Element Update (LR18-1620 and LR17-1757): The City is working with De Novo Planning Group to update the 2021-29 Housing Element. De Novo will also assist with the RHNA process, community engagement, and CEQA. The current Housing Element was certified by the Department of Housing and Community Development (HCD) in 2013 and serves as the foundation for the update. The Housing Element is a required part of the City's General Plan and is a blueprint for meeting the housing needs of residents, at all economic levels, and addressing segments of the population with special needs. The City Council General Plan Ad Hoc Subcommittee, consisting of Mayor Pro Tern Edwards and Council Member Rahn, and the Planning Commission General Plan Ad Hoc Subcommittee, consisting of Commissioners Watts and Youmans, will serve as advisory bodies. Running concurrently with the Housing Element Update is the Regional Housing Needs Assessment (RHNA). The RHNA planning cycle is an eight -year cycle and covers October 2021 through October 2029. The Final RHNA allocation was issued in September 2020. Staff is working with the consultant to update data and write draft chapters. (RABIDOU, TOMA, PETERS) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Temecula Assist: On Thursday, May 21, 2020, during the City Council Budget Workshop, the Temecula City Council gave the greenlight to a half million dollars in aid for Temecula small businesses. The program, branded as Temecula Assist, is a set of two small business emergency relief grants designated for Temecula business owners coping with the financial effects of the COVID-19 pandemic. Temecula Assist is comprised of two grants: Rent Recovery and Job Retention Grant (funded through CDBG-CV) and a Business Improvement Grant (funded through the General Fund). The application period was May 26th through June 9th. The Substantial Amendment to the 2019-20 CDBG Annual Action Plan was approved at a public hearing at City Council on June 9, 2020. The grant program will assist 67 local businesses. (WATSON) Finance Organization Project Name Program Description Committee 0 - • Recommendatioi Clothing & supplies for low Assistance League of Temecula Valley Operation School Bell $5,491 income students in TVUSD Boys &Girls Clubs of Southwest County Before and After School Care Round trip school transportation; I activities before and after school $5,491 Canine Support Teams, I nc. Service Dogs for Disabled Provide service and assistance $5,491 Persons dogs to people with disabilities. Homeless Prevention and Connecting homeless individuals City of Temecula with services and financial $20,000 Diversion Program assistance Community Mission of Hope Housing Resource Center Provide case management forhomeless; $5,491 food pantry Fair housing education, training, Fair Housing Council of Riverside County Comprehensive Fair Housing technical assistance; landlord/ $20,000 Program tenant mediation Hospice of the Valleys Senior Assistance Program Provide direct costs of hospice $5,491 care for senior citizens Riverside Area Rape Crisis Center Anti Violence Education and Provide support and services to $5,491 Crisis Intervention i survivors of sexual assault Safe Alternatives for Everyone (SAFE) Creating SAFE Families Victim awareness; case $5,491 management; support for victims Voices for Children Court Appointed Special Case management and advocacy $5,491 Advocate (CASA) Program for foster children in Temecula Total Public Service Funds Requested for 2020-21 $83,928 CDBG Administration: The 2020-21 Notice of Funding Availability (NOFA) for CDBG funding was released in November 2019. Two technical workshops were held for applicants on December 12, 2019. The Finance Committee provided recommendations for the 2020-21 program on March 10, 2020. City Council approved the following recommendations on April 28, 2020. (WATSON) BUILDING & SAFETY Building and Safety statistics for February 2021 are highlighted in the following table. Building&Safety Statistics February2021 Permits 367 New Single Family Units 29 New Commercial Building 1 Photovoltaic 67 Tenant Improvements 8 Non Construction C of 0 16 Number of Active Plan Checks 100 Number of New Plan Checks 95 Number of Finaled Permits 189 Inspections 3,034 Inspections Per Day 159.7 Inspections Per Person Per Day 39.1 Stops Per Month 836.0 Visitors to Counter EWLJ New Construction Projects Currently in Plan Check • Truax Hotel (161,586 sf) • Parking Structure on 3rd Street (48,907 sf) • Town Square Market Place (two buildings at 43,640 sf each) • Generations at Linfield - memory care/assisted living (59 apartments and 32 condos) • iA Robotics (24,659 sf) • Hotel (38,202 sf) on Jefferson and Winchester • Temecula Hyundai Service Building (5,753 sf) • Trinity Lutheran Church Preschool (9,530 sf) • Temecula Valley Lexus Dealership (54,898 sf) • Epic Dog Academy (5,887 sf) • At Home (113,903 sf) Non -Construction Certificate of Occupancy • Gearhart's Cabinet — 42345 Avenida Alvarado, Suites A/B • SpokeX Bike Shop — 43280 Business Park #102 Tenant Improvement • Flip Flop Shop — 40754 Winchester, Building F, Suite 300 • Simon's Dole Whip — 27636 Ynez Road Suite L-1 • Evolution Chiropractic & Wellness 31333 Temecula Parkway #140 CODE ENFORCEMENT During the month of February, Code Enforcement responded to 101 web inquiries. In addition, the division opened 154 code cases, conducted 385 inspections, and forwarded 22 referrals. Type of Code Case February 2021 Abandoned or Inoperable Vehicle 1 Vacant Home/ Prop. Maintenance/Infestation/ Mold 5 Business or Home Occupation w/o license/CUP 3 Trash and debris/ dumping 20 Overgrown Vegetation / Weeds / Fire Hazard 9 Green Pool / Vector Control /Stagnant Water 6 Graffiti 52 Noise/Nuisance/Animal Control Trailer / Rv stored/Boat/Parking 4 Construction w/o Permit/Building Code Encroach Public ROW /Trash Cans 6 Zoning/Signs Public Safety & Health 4 Total Number of Cases Foreclosure Tracking: Code Enforcement works with the local real estate community to monitor foreclosures, defaults and real estate owned properties. ForecfosureTracicirrg February 2021 Residential - default 13 Residential - Foreclostue 21 Residential - REO 23 Total - Residential Commercial - Default Commercial - Foreclosure 1 Commercial - RED Total - Commercial 6 ATTACHMENTS: 1. Current Planning Activity Report PLANNING ACTIVITY REPORT Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA21-0163 32517 Vail Creek Dr 960-321-016 Jaime Cardenas 02/02/2021 02/04/2021 Jimmy Briant PI -Home Approved Temecula, CA 92592 Occupation Case Title / Description: Elite Promotional Products: a home occupation business license for telemarketing services. PA21-0164 32648 Hislop Way Jaime Cardenas 02/02/2021 02/04/2021 January Arena PI -Home Approved Temecula, CA 92592 Occupation Case Title / Description: January's Custom Wood Designs: a home occupation business license for personalized wood sign sales. PA21-0168 29750 Calle Palmas 921-662-012 Scott Cooper 02/02/2021 02/05/2021 Alejandro Harte PI -Home Approved Temecula, CA 92591 Occupation Case Title / Description: Home Crafters Inc.: A Home Occupation Business License to conduct construction/remodeling services PA21-0169 29595 Pujol St , #5303 922-110-053 Jaime Cardenas 02/02/2021 02/04/2021 Jeff Parks PI -Home Approved Temecula, CA 92590 Occupation Case Title / Description: Personal Pet Illustrations of the Dogs and Cats That Love You: a home occupation business license that creates digital illustration sales of pets. PA21-0174 43163 Bellota Ct 959-321-020 Jaime Cardenas 02/02/2021 02/04/2021 Lina Garcia PI -Home Approved Temecula, CA 92592 Brock Occupation Case Title / Description: Lina Garcia Brock: a home occupation business license for Spanish translation services. PA21-0184 44735 Johnston Dr 960-123-024 Jaime Cardenas 02/03/2021 Juan Guerrero Alejandro Rivera PLAccessory Plan Review Temecula, CA 92592 Dwelling Unit Case Title / Description: Rivera ADU: an Accessory Dwelling Unit application for a proposed 900-square foot detached unit at the rear of the existing single family home located at 44735 Johnston Drive. PA21-0187 29733 Via Las Chacras 921-612-033 Jaime Cardenas 02/03/2021 02/04/2021 Elizabeth Craven PI -Home Approved Temecula, CA 92591 Occupation Case Title / Description: Specialized Approach to Integrative Learning: a home occupation business license for tutoring and educational services. Page 1 of 9 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA21-0191 27715 Jefferson Ave 921-400-024 Jaime Cardenas 02/04/2021 Hilda Reyes Jefferson Capital PL Massage Plan Review Temecula, CA 92590 Permits Case Title / Description: Ethereal Day Spa MEP: a Massage Establishment Permit renewal application for Ethereal Day Spa located at 27715 Jefferson Avenue, PA21-0193 27470 Jefferson Ave 910-310-008 Jaime Cardenas 02/04/2021 Min Huang M & J RAMSAY PL Massage Plan Review Temecula, CA 92590 CORP Permits Case Title / Description: 5 Star Massage: a Massage Establishment Permit renewal for 5 Star Massage located at 27470 Jefferson Avenue, Suite 3. PA21-0194 26201 Ynez Rd 910-281-001 Jaime Cardenas 02/04/2021 02/08/2021 Kelli Ratcliff SR10 PL Zoning or Approved Temecula, CA 92591 Commercial Planning Letter Case Title / Description: 26201 Ynez Road ZL: a zoning verification letter for the property located at 26201 Ynez Road. PA21-0196 44888Athel Way 961-457-045 Scott Cooper 02/04/2021 02/05/2021 Mireya Perez PI -Home Approved Temecula, CA 92592 Occupation Case Title / Description: Master Interpreter Nexus: A Home Occupation Business License for online learning services PA21-0204 45557 Via Puebla 962-143-034 Scott Cooper 02/04/2021 02/05/2021 Mary Ann PI -Home Approved Temecula, CA 92592 Badawy Occupation Case Title / Description: Mary Ann Badawy -A Home Occupation Business License to conduct Management Services PA21-0217 43971 Larino Ct 959-212-019 Scott Cooper 02/04/2021 02/05/2021 Luciano Coloma PI -Home Approved Temecula, CA 92592 Occupation Case Title / Description: Next Level Race Shop LLC: A Home Occupation Business License to conduct auto accessory online sales PA21-0221 33055 Vermont Rd 965-161-008 Scott Cooper 02/04/2021 02/05/2021 Katrina Thaxton PI -Home Approved Temecula, CA 92592 Occupation Case Title / Description: Katrina Thaxton -A Home Occupation Business License to conduct photography services PA21-0223 31700 Calle Cataldo 955-313-004 Scott Cooper 02/04/2021 02/05/2021 Tony Helms PI -Home Approved Temecula, CA 92592 Occupation Case Title / Description: @TonyCartoonish -A Home Occupation Business License to conduct consulting and art sales services Page 2 of 9 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA21-0224 33267 Poppy St 962-330-003 Jaime Cardenas 02/04/2021 02/22/2021 Jonathan Walther PL Home Approved Temecula, CA 92592 Occupation Case Title / Description: Brain Matters Coffee: a home occupation business license for online sales of coffee. PA21-0226 41040 Promenade 953-111-008 Scott Cooper 02/04/2021 02/05/2021 Amanda Park PL Home Approved Chardonnay Hills Occupation Temecula, CA 92591 Case Title / Description: Unboxedesign -A Home Occupation Business License to conduct graphic design services PA21-0229 33541 Maplewood Ct 960-171-018 Scott Cooper 02/04/2021 02/05/2021 Maria Lemon PL Home Approved Temecula, CA 92592 Occupation Case Title / Description: ML Capital Resources LLC: A Home Occupation Business License for real estate services. PA21-0230 33541 Maplewood Ct 960-171-018 Scott Cooper 02/04/2021 02/05/2021 Maria Lemon PL Home Approved Temecula, CA 92592 Occupation Case Title / Description: Maria Lemon Online Business -A Home Occupation Business License to conduct online marketing services PA21-0231 45503 Bayberry PI 961-332-004 Jaime Cardenas 02/04/2021 02/18/2021 Mavany Cruz PL Home Approved Temecula, CA 92592 Occupation Case Title / Description: X-Treme Sanitation: a home occupation business license for disinfecting services. PA21-0232 964-640-019 Scott Cooper 02/05/2021 02/09/2021 Dena Upp escrow acct WOODSIDE 05S PL Temporary Approved 5074 authorized Use Permit user Case Title / Description: Sommers Bend PA31 B Construction Trailer TUP: A Temporary Use Permit to allow for the relocation of a temporary construction trailer on site throughout the construction of Sommers Bend PA31B PA21-0233 45263 Oakville Ct 966-190-012 Scott Cooper 02/05/2021 02/05/2021 Alyssa Walters PL Home Approved Temecula, CA 92592 Occupation Case Title / Description: Twin Flame Moissanite: A Home Occupation Business License for online Jewelry Retail sales PA21-0235 39236 Rising Hill Dr 920-072-020 Scott Cooper 02/05/2021 02/05/2021 Cynthia Medina PL Home Approved Temecula, CA 92591 Occupation Case Title / Description: SOL-CAR WASH: A Home Occupation Business License for mobile car wash/detailing services Page 3 of 9 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA21-0236 28410 Old Town Front St , 102 922-034-036 Jaime Cardenas 02/05/2021 02/08/2021 Donna Jones PL Home Approved Temecula, CA 92590 Occupation Case Title / Description: Donna Jones Skin Care: a home occupation business license for esthetician services. PA21-0239 41135 Poco Via 953-021-027 Jaime Cardenas 02/08/2021 02/08/2021 Adrian Ramirez PL Home Approved Temecula, CA 92591 Occupation Case Title / Description: Ramirez Welding: a home occupation business license for mobile welding services. PA21-0248 41888 Carleton Way 921-781-012 Jaime Cardenas 02/10/2021 02/12/2021 Andrew Krumm William PL Modifications Approved Temecula, CA 92591 Dinsmoor Case Title / Description: Dinsmoor Balcony MOD: a modification application to construct a 344 square foot balcony at the rear of the single-family home located at 41888 Carleton Way. PA21-0251 44066 Margarita Rd 959-090-015 Jaime Cardenas 02/11/2021 02/11/2021 Taylor Rawson REDHAWK PL Zoning or Completed Temecula, CA 92592 PROP Planning Letter Case Title / Description: My Dentist Temecula ZL: a zoning verification letter for the property located at 44066 Margarita Road. PA21-0255 32113 Corte Carmona 955-132-022 Jaime Cardenas 02/11/2021 02/18/2021 Salvatore PL Home Approved Temecula, CA 92592 Ausonio Occupation Case Title / Description: Salvatore Ausonio Registered Nursing Practitioner, Inc.: a home occupation business license for nurse services. PA21-0256 31724Abruzzo St 957-770-007 Jaime Cardenas 02/11/2021 02/18/2021 Bradley Colwell PL Home Approved Temecula, CA 92591 Occupation Case Title / Description: Brin Brie: a home occupation business license for online clothing sales. PA21-0257 45276 Camino Monzon 962-101-003 Jaime Cardenas 02/11/2021 02/18/2021 Henry Fuentes, PL Home Approved Temecula, CA 92592 Jr. Occupation Case Title / Description: Henry G. Fuentes, Jr: a home occupation business license for proofreading and editing books. PA21-0258 42557 Drennon Ct 965-121-010 Jaime Cardenas 02/11/2021 02/18/2021 Christian PL Home Approved Temecula, CA 92592 Gonzalez Occupation Case Title / Description: Lumina Tax Professionals, Inc.: a home occupation business license for tax and bookkeeping services. Page 4 of 9 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA21-0259 46245 Carpet Ct 962-411-005 Jaime Cardenas 02/11/2021 02/11/2021 Kristina PL Home Approved Temecula, CA 92592 McCormick Occupation Case Title / Description: Wine Journey Inc.: a home occupation business license for online wine sales. PA21-0261 28902 Kennebunk Ct 916-441-004 Jaime Cardenas 02/11/2021 02/18/2021 Mariko Oda PL Home Approved Temecula, CA 92591 Occupation Case Title / Description: Little Miss Tokyo: a home occupation business license for online sales of hair bows and accessories. PA21-0265 41135 Poco Via 953-021-027 Jaime Cardenas 02/11/2021 02/22/2021 Adrian Ramirez PL Home Approved Temecula, CA 92591 Occupation Case Title / Description: Wreckless MFG: a home occupation business license for online sales of general merchandize. PA21-0270 46044 Via La Colorada 962-171-006 Jaime Cardenas 02/11/2021 02/18/2021 Cynthia Anderson PL Home Approved Temecula, CA 92592 Occupation Case Title / Description: Cyd's Business Solutions: a home occupation business license for bookkeeping and accounting services. PA21-0271 31869 Calle Luz 959-423-080 Jaime Cardenas 02/11/2021 02/18/2021 Kari Cohn PL Home Approved Temecula, CA 92592 Occupation Case Title / Description: Bennett K Services LLC: a home occupation business license for marketing and accounting services. PA21-0273 40509 Wgasa PI 957-560-018 Jaime Cardenas 02/11/2021 02/18/2021 Kaijah Bower PL Home Approved Temecula, CA 92591 Occupation Case Title / Description: Kaijah Bower's Kreations: a home occupation business license for miscellaneous homemade goods. PA21-0275 41908 Vardon Dr 953-300-058 Jaime Cardenas 02/11/2021 02/18/2021 Edward Grijalva PL Home Approved Temecula, CA 92591 Occupation Case Title / Description: Eddie Mac Mortgage: a home occupation business license for mortgage brokering services. PA21-0280 41669 Winchester Rd 909-282-014 Jaime Cardenas 02/12/2021 Yingfeng Miao Winchester PL Massage Plan Review Temecula, CA 92590 Place Permits Case Title / Description: Relax Zone Massage: a massage establishment permit for Relax Zone Massage located at 41669 Winchester Road, Suite 102. Page 5 of 9 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA21-0283 42259 Rio Nedo 909-253-017 Jaime Cardenas 02/16/2021 02/25/2021 The Planning & The Planning & PACIFICA REAL PL Zoning or Completed Temecula, CA 92590 Zoning Resource Zoning ESTATE II Planning Letter Company Resource Company Case Title / Description: 42259 Rio Nedo ZL: a zoning verification letter for the property located at 42259 Rio Nedo (909-253-017). PA21-0290 921-060-056 Scott Cooper 02/17/2021 Kerri Sabol WELLPROFIT PL Sign Program Plan Review INTERNATIONA L Case Title / Description: Hilton Garden Inn Sign Program: A Sign Program for Hilton Garden Inn for three (3) wall signs, a marquee sign, and a post sign located at 28210 Jefferson Avenue. PA21-0293 30069 Corte Coelho 919-450-031 Jaime Cardenas 02/17/2021 02/22/2021 Judy Torres PI -Home Approved Temecula, CA 92591 Occupation Case Title / Description: Obelisk Achievement: a home occupation business license for business consulting services. PA21-0294 31285 Taylor Ln 961-451-093 Jaime Cardenas 02/18/2021 02/18/2021 Pamela Johnson PI -Home Approved Temecula, CA 92592 Occupation Case Title / Description: Pretty Yummy Treats: a home occupation business license for the sale of baked goods. PA21-0295 36661 Beech St. 962-354-005 Jaime Cardenas 02/18/2021 02/18/2021 Julia Hess PI -Home Approved Winchester, CA 92596 Occupation Case Title / Description: Julie's Pools: a home occupation business license for pool cleaning and repair services. PA21-0297 909-290-004 Scott Cooper 02/18/2021 03/04/2021 Nick lacano RidgeView PL Temporary Approved Business Park Use Permit Dev Case Title / Description: MS Mtn View Construction Trailer TUP: A Temporary Use Permit to allow for a temporary construction trailer on site until February 1, 2022 located on the south side of Avenida Alvarado approximately 540 feet west of Terra Alta Way. PA21-0298 29676 Rancho California Rd 921-320-053 Scott Cooper 02/19/2021 02/19/2021 Jennifer Steen Dayton Hudson PL Modifications Approved Temecula, CA 92591 Corp. Case Title / Description: Target MOD: A Modification (Planning Review Only) to a previously approved Modification (PA17-0257) to remove existing wood paneling and install EIFs panels with stucco like finish. The project is located at 29676 Rancho California Road. Page 6 of 9 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA21-0306 41301 Margarita Rd 921-830-012 Eric Jones 02/19/2021 Francisco Diaz PFP TEMECULA PL Sign Program Plan Review Temecula, CA 92591 REAL ESTATE HOLDINGS Case Title / Description: Bel Villag io Sign Program Amendment: A Sign Program Amendment to make revisions to the existing Bel Villagio Sign Program. The project is located at 41301 Margarita Rd. PA21-0307 44894 Corte Rodriguez 960-161-012 Jaime Cardenas 02/19/2021 03/08/2021 Jason Limon PL Home Approved Temecula, CA 92592 Occupation Case Title / Description: JaeBug Trailer Rentals: a home occupation business license for an RV rental office (no vehicles stored on -site). PA21-0309 33442 Camino Hernandez 960-162-004 Jaime Cardenas 02/19/2021 02/26/2021 Cynthia Grauf PL Home Approved Temecula, CA 92592 Occupation Case Title / Description: Cynthia Grauf, PT: a home occupation business license for physical therapy services. PA21-0311 31053 Via Gilberto 918-350-005 Jaime Cardenas 02/19/2021 02/24/2021 Natasha PL Home Approved Temecula, CA 92592 Daugherty Occupation Case Title / Description: Cookie Creations by Natasha Daugherty: a home occupation business license for baking and selling of sugar cookies. PA21-0312 31767 Sweetwater Cir 957-761-038 Jaime Cardenas 02/19/2021 Laura Salerno PL Home Plan Review Temecula, CA 92591 Occupation Case Title / Description: Denim Dog Barkery: a home occupation business license to sell dog treats. PA21-0315 27455Anselmo Way 916-650-009 Jaime Cardenas 02/22/2021 02/24/2021 Marco Delgado PL Home Approved Temecula, CA 92591 Occupation Case Title / Description: The Box Bodega LLC: a home occupation business license for the sale of packing and shipping supply. PA21-0321 964-630-005 Scott Cooper 02/23/2021 03/02/2021 Dena Upp escrow acct WOODSIDE 05S PL Temporary Approved 5074 authorized Use Permit user Case Title / Description: Sommers Bend PAs 16A & 17A Construction Trailer TUP: A Temporary Use Permit to allow for a temporary construction trailer on site throughout the construction of Sommers Bend PAs 16A & 17A Page 7 of 9 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA21-0323 31926 Via Saltio 961-221-002 Jaime Cardenas 02/23/2021 02/26/2021 Kellie Cantrell PL Home Approved Temecula, CA 92592 Occupation Case Title / Description: Sparkling Celebrations: a home occupation business license for wedding and event planning services. PA21-0327 44510 Cayenne Trl 960-110-004 Jaime Cardenas 02/23/2021 02/24/2021 Eric Jodlowski PL Home Approved Temecula, CA 92592 Occupation Case Title / Description: Caralie Jodlowski: a home occupation business license for psychotherapy services. PA21-0328 40820 Winchester Rd 910-420-030 Jaime Cardenas 02/23/2021 Nivia Baijnath Temecula Towne PL Temporary Plan Review Temecula, CA 92591 Center Assoc Use Permit Case Title / Description: Smile Bus TUP: a minor Temporary Use Permit to allow a mobile bus to provide 3D mouth scanning services on customers inside and produce aligners off -site. The event date will be from March 6 through March 7, 2021 and the bus will be parked across the Promenade Mall's main entrance at 40820 Winchester Road. PA21-0333 27345 Jefferson Ave 909-270-044 Jaime Cardenas 02/25/2021 03/04/2021 Mark Walsh Temecula Capital PL Modifications Approved Temecula, CA 92590 Case Title / Description: Al Surgery Solar Carport MOD: a modification application for a proposed 90'x40' solar carport for Al Plastic Surgery's parking lot located at 27345 Jefferson Avenue. PA21-0334 39656 Foxtail Dr 964-640-019 Scott Cooper 02/25/2021 Candice Fenton WOODSIDE 05S PL Minor Void Temecula, CA 92591 Exception Case Title / Description: Sommers Bend PA31 B PPP MOD: A Modification (Planning Review Only) to modify the previously approved Product Placement Plan to change the building plotting on lot 47 within Planning Area 31 B of Sommers Bend PA21-0335 39656 Foxtail Dr 964-640-019 Scott Cooper 02/25/2021 03/01/2021 Candice Fenton WOODSIDE 05S PL Modifications Approved Temecula, CA 92591 Case Title / Description: Sommers Bend PA31 B PPP MOD: A Modification (Planning Review Only) to modify the previously approved Product Placement Plan to change the building plotting on lot 47 within Planning Area 31 B of Sommers Bend PA21-0336 40910 Temecula Center Dr 916-400-025 Jaime Cardenas 02/26/2021 03/08/2021 Garth Blumenthal JONES PL Zoning or Approved Temecula, CA 92591 TEMECULA Planning Letter REAL PROP Case Title / Description: 40910 Temecula Center Drive ZL: a zoning verification letter for the property located at 40910 Temecula Center Drive. Page 8 of 9 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA21-0337 28999 Old Town Front St 922-110-038 Jaime Cardenas 02/26/2021 Brittany Stewart Group PL Conditional Plan Review Temecula, CA 92590 Montgomery Use Permit Case Title / Description: Jackson House CUP: a Conditional Use Permit application for Jackson House, the existing community care facility to include outpatient alcoholism and drug treatment at the facility located at 28999 Old Town Front Street, Suite 103. PA21-0340 42140 Lyndie Ln , 18 921-311-033 Jaime Cardenas 02/26/2021 03/01/2021 Lusine PL Home Approved Temecula, CA 92591 Aurigemma Occupation Case Title / Description: Lusine Interpreting Services: a home occupation business license for interpreting services. PA21-0343 39890 Longleaf St 916-320-010 Jaime Cardenas 02/26/2021 03/01/2021 Jayoung Lee PL Home Approved Temecula, CA 92591 Occupation Case Title / Description: LuLuLaLa: a home occupation business for online sales of handmade jewelry. PA21-0344 41337 Pine Tree Cir 953-421-011 Jaime Cardenas 02/26/2021 03/01/2021 Stephanie PL Home Approved Temecula, CA 92591 Hernandez-Daws Occupation on Case Title / Description: Mermaid Kisses Photography: a home occupation business license for photography services. PREAPP21-0 29363 Rancho California Rd 944-330-011 Scott Cooper 02/01/2021 02/11/2021 Nina Raey PL Completed 157 Temecula, CA 92592 Pre -Application Case Title / Description: LongHorn Pre-App: A Pre -Application for the construction of an approximately 5,710 square foot restaurant located at 29363 Rancho California Road PREAPP21-0 27378 Jefferson Ave 910-282-001 Eric Jones 02/02/2021 Clarence Vong Rancho Car PL Plan Review 162 Temecula, CA 92590 Wash Pre -Application Case Title / Description: Temecula Express Car Wash Pre -Application: A Pre -Application to review a proposed express car wash totaling approximately 12,000 square feet. The project is located at 27378 Jefferson Avenue. PREAPP21-0 39830 Cantrell Rd 957-130-022 Eric Jones 02/19/2021 Yonasan Abrams ORSON PL Plan Review 308 Temecula, CA 92591 HUGHES Pre -Application Case Title / Description: Abrams Residence Pre -Application: A Pre -Application to review a proposed custom home with an accompanying ADU and guest house. The project is located at 39830 Cantrell Road. Page 9 of 9 Item No. 16 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: John Crater, Division Chief DATE: March 23, 2021 SUBJECT: Fire Department Monthly Report PREPARED BY: RECOMMENDATION: Report Wendy Miller, Administrative Assistant That the City Council receive and file the Fire Department Monthly City of Temecula Fire. Department'510�111 Temecula Fire Department Service Calls Incident TyJL pe February 2021 of T Ems, ■ *As - •w ■i ■• • JLI %A.j( %R�� • •. y Plaia I., s rrl„y.�W`. ■ u., :■., w. • ■ •�• • i • ,s,r•�_.:.__:. • �`+ • • ■ PAUBA VALLEY � f�s . •� l;ice ai s��"� �ti,� •'� • • • ■ � • • , owe 0 �r � r � r � a A � • ■ ■ Ord '� ;,� .F' - • PE CH ANG A CAS IND AND RV Commercial Fire False Alarms Haz Mat Medical Other Fire Other Misc Public Assist Res Fire Rescue Ringing Alarm Standby Traffic Collision Vehicle Fire Wildland Fire 1 4 6 52 6.W1 Total 699 ,. City of Temecula Fire Department Temecula Fire Department Plan Review and Inspections February 2021 Plan Review and Inspections Plan Review Construction Inspections Annual Inspections ublic Inquiries February 310 260 752 0 i Year to Date 619 485 1422 0 I, Item No. 17 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Zachary Hall, Chief of Police DATE: March 23, 2021 SUBJECT: Temecula Sheriff's Monthly Report (February 2021) PREPARED BY: Steve DaSilva, Lieutenant RECOMMENDATION: Receive and file. The following report reflects the activity of the Temecula Sheriff's Department for the month of February 2021. PATROL SERVICES Overall calls for police service 6,876 "Priority One" calls for service 55 Average response time for "Priority One" calls 5.36 VOLUNTEERS Chaplain 2 Community Action Patrol (CAP) hours 589 Reserve officer hours (patrol) 35 Explorer 54 Station/Administration 89 Total Volunteer hours 769 OLD TOWN STOREFRONT Total customers served 221 Fingerprints/Live Scans 95 Police reports filed 10 Citations signed off 5 Total receipts $3,293 CRIME PREVENTION Crime prevention/Neighborhood watch meetings 0 Safety presentations/Training 0 Special events 0 Residential/Business security surveys conducted 0 Residences/Businesses visited for past crime follow-up 0 Station Tours 0 Planning Review Projects 2 Temp Outdoor Use Permits 0 SPECIAL TEAMS (HOMELESS OUTREACH TEAM) On sight felony arrests 1 On sight misdemeanor arrests 19 Felony arrest warrants served 2 Misdemeanor arrest warrants served 61 Area Checks 104 Camp Checks 60 Pedestrian Checks 74 Traffic Stops/Vehicle Checks... 42 Outreach attempts / Success... 21 / 9 SPECIAL TEAMS (SET / POP) On sight felony arrests 3 On sight misdemeanor arrests 28 Felony arrest warrants served 9 Misdemeanor arrest warrants served 13 Follow-up investigations 9 Parole/Probation Searches 1 Pedestrian Checks 12 Traffic Stops/Vehicle Checks... 8 Marijuana Dispensary Checks 0 TRAFFIC Citations issued for hazardous violations 1,082 Non -hazardous citations 119 Parking citations 92 Stop Light Abuse/Intersection Program (S.L.A.P.) citations 33 Seatbelts 12 Cell Phone Cites 103 Injury collisions 27 D.U.I. Arrests 29 Grant funded D.U.I. / Traffic safety checkpoints 0 Grant funded traffic click it or ticket 0 INVESTIGATIONS Beginning Caseload 151 Total Cases Assigned 29 Total Cases Closed 39 Search Warrants prepared/served 19 Arrests 1 Out of Custody Filings 9 PROMENADE MALL TEAM Calls for service 109 Felony arrest/filings 3 Misdemeanor arrest/filings 5 Traffic Citations 0 Fingerprints/Live Scans 133 Total receipts $3,575 SCHOOL RESOURCE OFFICERS Felony arrests Misdemeanor arrests Reports Citations Meetings/Presentations 274 Item No. 18 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: March 23, 2021 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file the Public Works Department Monthly Report for Capital Improvement Projects, Maintenance Projects, and Land Development Projects. This report may also be viewed on the City's website at: hqp://temeculaca.gov/270/Cqpital-Improvement-Projects-CIP City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT March 23, 2021 CAPITAL IMPROVEMENT PROJECTS CIRCULATION PROJECTS Cherry Street Extension & Murrieta Creek Low -Flow Crossing, PW19-15 Description: Design to 30% and environmental review of the extension of Cherry Street from Adams Avenue to Diaz Road, including a new low -flow crossing of Murrieta Creek. Cost: $2,387,000 Status: In design until March 2022. Design and environmental are expected to last 24 months. Diaz Road Expansion, PW17-25 Description Improve Diaz Road to meet the roadway classification of Major Arterial (4 Lanes Divided), between Cherry Street and Rancho California Road. The 2.2-mile stretch will be widened, extended, and/or improved to create a contiguous Major Arterial segment. The project will be developed and constructed in two phases. Phase 1 will include improvements on Diaz Road from Winchester Road to Rancho California Road. Phase 2 will include improvements on Diaz Road from Cherry Street to Winchester Road. Cost: $4,566,513 Status: Phase 1 design and Phase 1 & 2 environmental studies November 2019 — March 2022. Current activities include consultant preparation of 60% plans, and several engineering and environmental studies. French Valley Parkway/Interstate 15 Improvements- Phase II, PW16-01 Description: Design and construction of the two lane northbound collector/distributer road system beginning north of the Winchester Road interchange on -ramps and ending just north of the Interstate 15/Interstate 215 junction with connection to Interstate 15 and Interstate 215. Cost: $137,356,246 Status: Currently in design. Work continues on the environmental re-evaluation. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT March 23, 2021 CIRCULATION PROJECTS 1-15 Congestion Relief, PW19-02 Description Design and construction of a single auxiliary lane, northbound Interstate 15 connecting the Temecula Parkway on -ramp to the Rancho California Road off -ramp. Cost: $7,776,725 Status: Design and environmental studies November 2019 — March 2022. Current activities include roadway design, structures design, noise study work program, drainage studies, air quality conformity determination, design standard decision document, and historical resources compliance report. Interstate-15 / State Route 79 South Ultimate Interchange, PW04-08 Description Construction of ramp system that will improve access to Interstate 15 from Temecula Parkway / State Route 79 South. Cost: $52,025,657 Status: City accepted the project as complete on June 30, 2020 and filed the Notice of Completion. Caltrans accepted the project as complete on September 1, 2020. In accordance with the 3-year Landscape Maintenance Agreement with Caltrans, the City will maintain the interchange site from June 30, 2020 through June 30, 2023. The City is working with Caltrans on the relinquishment of the interchange right- of-way to the State inventory. Murrieta Creek Bridge at Overland Drive, PW16-05 Description: Design and construction of a new bridge crossing over Murrieta Creek between Rancho California Road and Winchester Road. Cost: $14,307,394 Status: The City applied and was approved to receive Federal Highway Bridge Program (HBP) funds. City Council approved the design agreement with CNS Engineers Inc. at the March 12, 2019 meeting. Preliminary Environmental Study (PES) approved by Caltrans on August 15, 2019. Plans are 30% complete. RCA provided comments to the JPR application on 7/30/2020. CEQA approval is anticipated in Q2 2021. Type Selection Report submitted to Caltrans on July 9, 2020. Staff continues to work with Caltrans to advance HBP Grant Funds to earlier fiscal years. oil City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT March 23, 2021 CIRCULATION PROJECTS (Continued) Overland Drive Widening, PW 20-11 Description This project includes widening Overland Drive from Jefferson Avenue to Commerce Center Drive, to two lanes in each direction, and the completion of missing segments of sidewalk, streetlights and installation of the traffic signal at Commerce Center Drive and the modification of the traffic signal at Jefferson Avenue. Cost: $1,340,400 Status: Design is at 30%. Pavement Rehabilitation Program — Ynez Road (Winchester to Date), Equity Drive, County Center Drive Loop, and Winchester Road (Nicolas to Easterly City Limits), PW18-01 Description: Rehabilitation of Ynez Road from Winchester Road to Date Street, Equity Drive and County Center Drive loop, and Winchester Road from Nicolas Road to easterly City Limits. Cost: $1,105,000 Status: Bids were opened on Tuesday, December 22, 2020. Construction contract has been awarded. Construction is scheduled to start in early Spring 2021. Pavement Rehabilitation Program — West Side Business Park Area, PW19-17 Description: Rehabilitation of Zevo Drive, Rio Nedo Road, Avenida Alvarado, Via Dos Picos, Business Park Drive, Del Rio Road, Calle Cortez, Las Haciendas Street, Enterprise Circle North, and Via Montezuma from Murrieta Creek to Jefferson Avenue. Cost: $1,900,000 Status: Currently in construction, March to August 2021. Pavement Rehabilitation Program — Butterfield Stage Road and Pauba Road, PW19-08 Description: Rehabilitation of Butterfield Stage Road, south of Rancho California Road to De Portola Road and Pauba Road, from Margarita Road to Butterfield Stage Road. Cost: $4,320,000 Status: Project is currently in design. Construction is anticipated in Summer 2021. 3 City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT March 23, 2021 CIRCULATION PROJECTS (Continued) Traffic Signal Installation — Citywide, Rancho California Road and Tee Drive, PW19-19 Description: This project includes the installation of a traffic signal on Rancho California Road at Tee Drive. Cost: $346,646.50 Status: Project is currently in design. Traffic Signal and Park & Ride Access Improvements, PW18-11 Description: This project includes the installation of a traffic signal on Temecula Parkway at Wabash Lane. The project also includes relocating the access of the Park and Ride facility on Temecula Parkway at La Paz Road from Vallejo Avenue to Wabash Lane. Cost: $1,347,674 Status: The project is currently wrapping up the design phase. Construction is anticipated in Summer 2021. M City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT March 23, 2021 INFRASTRUCTURE PROJECTS Citywide — Concrete Repairs, PW20-10 Description: Remove and replace concrete improvements including, but not limited to curb & gutter, sidewalk, ADA access ramp, commercial drive approach, cross gutter, and curb outlet top of structure. Cost: $157,789 Status: Construction contract awarded to IE Engineering. Construction starting March 22, 2021. Citywide Streetlight Acquisition and Light Emitting Diode (LED) Retrofit, PW17-18 Description: Effective November 12, 2019, the City assumed ownership, and operations and maintenance of 7,279 streetlights located within the City limits. The Light Emitting Diode (LED) lighting system retrofit and the installation of a wireless lighting control node system for all streetlights Citywide has also been completed. Applications for energy rebates from SCE for the conversion to LED lighting fixtures are currently being processed and the City is due to receive approximately $640,000. Cost: $8,003,311 Status: The purchase and acquisition, and LED retrofit of arterial and residential streetlights is complete. The SCE rebate for the LED retrofit was received in February 2021. Community Recreation Center (CRC) Renovations, PW19-07 Description: The project facilitates the rehabilitation, improvement, and reconfiguration of the Community Recreation Center. This project includes expansion and reconfiguration of teen center; conversion of office space to accommodate a dedicated police substation; renovation of key components of the building including safety features, flooring, roof, and restroom facility access; ADA compliance; renovation and expansion of existing office space and rec rooms including AV upgrades; expanded storage space and upgraded kitchen equipment. Cost: $5,000,000 Status: Phase 1 needs design initiated. 5 City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT March 23, 2021 INFRASTRUCTURE PROJECTS (Continued) Interstate 15 / State Route 79 South Interchange Enhanced Landscaping, PW17-19 Description: Landscape beautification of the Interstate 15 corridor between French Valley Parkway and Temecula Parkway, including each interchange, in association with Visit Temecula Valley and the Pechanga Tribe. This project includes the design and construction of enhanced landscaping, hardscape, irrigation, and transportation art between the freeway and ramps on the west side of the Interstate 15 / State Route 79S (Temecula Parkway) interchange. Cost: $4,427,350 Status: Design and environmental studies August 2019 — June 2021. Environmental revalidation completed October 2020. Current activities include 90% design plans, Design Engineering Evaluation Report, Project Specific Maintenance Agreement, Landscape Maintenance Agreement, Transportation Art / Community ID Proposal, and Copyright and Waiver of Moral Rights in Artwork. Margarita Recreation Center, PW17-21 Description: Demolition and Reconstruction of New Margarita Recreation Center Building and Pool Cost: $10,656,507.91 Status: RFP responses were received on August 27, 2020. The project was re -advertised on November 25, 2020 to account for increased project budget and proposals were received on December 23, 2020. The Design - Build Contract was awarded at the March 9, 2021 City Council Meeting to De La Secura Builders, Inc., for a Guaranteed Maximum Price of $8,680,459.00. It is anticipated building construction will be complete in December of 2022 with a grand opening in early 2023. X City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT March 23, 2021 INFRASTRUCTURE PROJECTS (Continued) Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect, PW08-04 Description: Design, environmental document, and construction of the extension of the existing trail from Ynez Road to the Murrieta Creek Trail. The extension includes access and under -crossing at Ynez Road, Interstate 15 and Jefferson Avenue and a continuous paved trail along Santa Gertrudis Creek to connect to Murrieta Creek trail. Cost: $6,288,595 Status: The California Transportation Commission (CTC) has approved $3,759,000 State SB1 Alternative Transportation Program (ATP) Augmentation funds for this project. Environmental permitting and encroachment permit processes are complete. The project was advertised for construction bids with a closing date of December 3, 2020. Due to various irregularities with the bids received, staff and the City Attorney's Office, decided to reject all bids and re -advertise. The project was re -advertised on January 21, 2021 and bids opened on February 18, 2021. Staff is recommending award of the construction contract to Leonida Builders, Inc., the apparent low bidder, for a cost of $3,978,626.25 at the March 23, 2021 City Council Meeting. Santa Gertrudis Creek Phase II — Margarita Under -Crossing, PW19-04 Description: Design, environmental document, and construction of the undercrossing in Santa Gertrudis Creek at Margarita Road to connect to the pedestrian/bicycle trail. The under -crossing at Margarita Road will provide a continuous paved trail along Santa Gertrudis Creek at this location. Cost: $2,716,764 Status: The project is in design. 100% PSE expected June 2021. Sidewalks — Citywide (Third Street), PW17-24 Description: Curb and sidewalk improvements on the north side of Third Street, between Old Town Front Street and Mercedes Street and the west side of Mercedes Street from Third Street for approximately 150' to the north. Portion adjacent to the proposed parking structure for the hotel will be completed by private developer. Cost: To be determined Status: This project has been shelved. 7 City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT March 23, 2021 INFRASTRUCTURE PROJECTS (Continued) Sidewalks — Citywide (Ynez Road, Rancho Highland to Tierra Vista Road), PW17-28 Description: New sidewalks on the west side of Ynez Road from Rancho Highland to Tierra Vista Road. Cost: $198,920 Status: Project is currently in design. Sidewalks — DLR Drive, PW19-18 Description: New sidewalks on the north and west side of DLR Drive. Cost: $442,077 Status: Project is currently in design. Sidewalks — Citywide (Pauba Road, Elinda Road to Showalter Road), PW 19-20 Description: New sidewalks and street widening on the South side of Pauba Road from Elinda Road to Showalter Road. Cost: $467,403 Status: Project is currently in design. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT March 23, 2021 PARKS AND RECREATION PROJECTS Flood Control Channel Reconstruction and Repair, PW11-10 Description: This project repairs and reinforces the earth and berms between Pala Park and Temecula Creek and fortifies the banks to prevent further erosion into the park site. Cost: $1,280,284 Status: Preparation of the environmental document is underway. Geotechnical investigation for design alternatives performed in mid -August 2019. Geotechnical report received October 1, 2019. Redesign started in February of 2020. CEQA to be completed in April of 2021. Plans are 60% complete. Construction is expected to begin in September of 2021. Park Restroom Renovations, Expansion and Americans with Disabilities Act (ADA), PW17-06 Description: Renovation of various park site restroom facilities, including Ronald Reagan Sports Park North/South Ball Field (new roof, cabinets, fixtures, and other building improvements), Butterfield Stage Park and Vail Ranch Park. Cost: $1,127,800 Status: Project is currently in design. Playground Equipment Enhancement and Safety Surfacing Description: Re -design, enhancement of playground equipment, and safety surfacing to comply with current state and federal regulations and enhance the quality of the parks. Cost: $5,157,649 Status: Playground renovations & replacements planned for FY20/21 include Sam Hicks, John Magee, Stephen Michael Linen, and Winchester Creek Parks. Sam Hicks, John Magee projects completed. Stephen Linen and Winchester Creek Park projects completed in February. Ronald Reagan Sports Park Restroom Expansion and Renovation, PW18-03 Description: Design and construction of the restroom building expansion, including adding stalls and urinals. It also includes renovating the snack bar, and enlarging the storage case. Cost: $1,120,000 Status: Project is currently in design. 9 City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT March 23, 2021 PARKS AND RECREATION PROJECTS (Continued) Sports Court Resurfacing Description: Repairs and resurfacing of sport court surfacing at various parks and facilities. This includes tennis courts, basketball courts, and hockey rinks at various parks. Cost: $50,000 Status: Court re -surfacing completed in January at Margarita Community Park hockey rink. Project cost $13,900. Sports Field Lighting - Light Emitting Diode (LED) Conversion Description: Replacement of aging sports field lighting components with new LED technology at various sports parks. Cost: $222,546.70 Status: Musco LED retrofit lighting for Ronald Reagan Sports Park Upper Soccer Fields installation scheduled for November 2020. Project cost $136,260.00. Currently seeking proposals for LED retrofit installation at tennis/pickleball courts and hockey rinks. 10 City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT March 23, 2021 LAND DEVELOPMENT OVERSIGHT PROJECTS Hilton Garden Inn Description: Grading plan to allow for the construction of an approximately 66,991 square foot, three-story, 104 room Hilton Garden Inn Hotel with underground parking and additional off -site parking located approximately north of Rancho California Road on the east side of Jefferson Avenue. Status: Permit issued October 4, 2019. Ongoing review of project by the Land Development division. Mexico Cafe Description: Grading plan and Street Improvement Plan to allow for the construction of an approximately 13,375 square foot Mexico Cafe restaurant south of the Temecula Parkway and Pechanga Parkway intersection. Status: Permit issued September 13, 2018. Ongoing review and inspections of project by the Land Development division. Rancho Soleo (Pechanga Parkway and Loma Linda Road) Description: Grading plan to allow for the final map and construction of a 245-unit multi -family development. Status: Permit issued October 16, 2018. Ongoing review and inspections of project by the Land Development division. Project is being phased at this time. Construction of Friendship Park (formerly known as Pala Park) has begun as of January 11, 2021. It is anticipated the development will reach 25% occupancy by Spring of 2021. Sommers Bend (formerly Roripaugh Ranch) Description: Land Development oversight of the following submittals in plan check: Final Map reviews, Community Sports Park Improvement Plan, Sommers Bend — Rough Grading Plan; Street Improvement Plan; Storm Drain Improvement Plan; Street Light Plan; Signing & Striping Plan. Status: Grading Permit issued September 27, 2018. The Loop Road (Sommers Bend) is completely paved with streetlights installed. The Community Sports Park has kicked off construction in June 2020. Models in three tracts are under construction. The Sommers Bend recreation center is also under construction. Ongoing review and inspections of project by the Land Development division. Models are open. Production homes are under construction. 11 City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT March 23, 2021 LAND DEVELOPMENT OVERSIGHT PROJECTS (Continued) Staybridge Suites Description: Grading plan to allow for an approximately 90,832 square foot, 4-story, 125-room Staybridge Suites hotel located at 27500 Jefferson Avenue. Status: Permit issued March 11, 2019. Ongoing review and inspections of project by the Land Development division. Temecula Village Description: Grading plan to allow for the construction of a 160-unit apartment community located on the south side of Rancho California Road, west of Cosmic Drive. Status: Permit issued June 27, 2019. Ongoing review and inspections of project by the Land Development division. Traffic signal has been installed at Via Portofino. 12 ELECTRONIC COMMENTS SUBMITTED FOR THE RECORD From: Randi Johl Sent: Tuesday, March 23, 2021 1:14 PM To: Subject: RE: General Comments for March 23 Temecula City Council Meeting ... Thank you for your email. It was received and will be read into the record at the next Council meeting. Randi Johl,JD, MMC Legislative Director/City Clerk randi.johl@temeculaca.gov 41000 Main St, Temecula, CA 92590 CalteS Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Sent: Monday, March 22, 2021 8:42 PM To: Randi Johl <randi.johl@temeculaca.gov> Cc: Matt Rahn <matt.rahn@TemeculaCA.gov>; Zak Schwank<Zak.Schwank@temeculaca.gov>; Maryann Edwards <Maryann.Edwards@citycouncil.org>;Jessica Alexander<Jessica.Alexander@TemeculaCA.gov>;James Stewart <James.Stewart@TemeculaCA.gov>; Council Assistant<council.assistant@temeculaca.gov> Subject: General Comments for March 23 Temecula City Council Meeting ... Dear Temecula City Council; Here are a few items I would like to bring to your attention ... Item 1: On March 9, a commenter going by the rather anonymous name "PJ" made derogatory comments about a sitting council member by attacking both the member's religion and race. The anonymous "PJ" referred to the member's religion as "half-baked ... religious ideology" and then derided her council positions "because she's white, of course." (See source reference below.) I would compare "PJ" to a bottom feeding worm, but that would be demeaning to slimy invertebrates that actually serve useful purposes, such as creating healthy soils and tempting game-fish on a fishhook. Disagree with anybody, but it is the realm of the lowlife to attack somebody's deeply held religious values and/or their genetics. Item 2: The immigration crisis and fiasco unleashed by the Biden Administration has a very real possibility of negatively impacting our Temecula community. Temecula residents do not want to see a return of migrants being bused into our community and packed liked sardines in our local Border Patrol facilities only to be turned out into our neighborhoods. Please seriously consider networking with other communities like Murrieta to form a defensive coalition to demand federal compensation for any harm and burden that Biden's immigration policies may do to our Temecula community. Item 3: Open City Hall for In Person Business and Attendance ... The time is right to re-open City Hall for in person business and allow the public to attend and interact with the City Council on-site in City Council Chambers. If we can all congregate in locales like Costco, WalMart, AAA, DMV and Old Town Temecula, then there is no reason why people cannot begin congregating at City Hall. For those too skittish, online services could continue. City services can be done in a hybrid method with both in person services available along with online services continuing. In addition, public comments delivered to the fortnightly city council meetings should revert back to only live and in person comments delivered by speakers before the council dais. Speakers delivering comments live and before the city council will restore some dignity and decorum to council meetings in that speakers will no longer be able to hide behind anonymous initials and/or internet handles. This would go a long way to reduce derogatory and hateful rhetoric spouted by some past speakers who have anonymously spewed their venom from behind their keyboards and computer screens. For more background info, refer back to Item 1. Thank you for your time and consideration. Respectfully Submitted, Rick Reiss Paseo Del Sol Temecula, CA 92592 Reference: https://www.theranchopress.com/voices/opinion-gqp-council-member-seemingly-working-for- likes-not-constituents?fbclid=IwAR2oLusibYE-92NYyE5oF7JLIQNX1FMwr2-xvrlEPvlg9OXNHVsjilb8g80 2 From: Randi Johl Sent: Tuesday, March 23, 2021 1:13 PM To: Gary Oddi Subject: FW: Comments on Agenda Item 7 Attachments: Comments to City Council March 23.docx Thank you for your email. It was received and will be read into the record at the next Council meeting. Randi Johl, JD, MMC Legislative Director/City Clerk randi.iohl(a,temeculaca.gov 41000 Main St, Temecula, CA 92590 CNum.°. , (e'Ma-eati-rof Ca teS Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Gary Oddi < Sent: Tuesday, March 23, 2021 9:34 AM To: Randi Johl <randi.johl@temeculaca.gov> Subject: Comments on Agenda Item 7 Hi Randi. I have attached Public Comments for Agenda Item 7 for tonight's City Council Meeting. Please note that my comments are reflective of my position as The Coordinator of the Murrieta Creek Regional Trail Four Cities Planning Team, (and not as commissioner). Thank you for all you do Randi. With Gratitude, Gary 1 Dear Mayor Edwards, members of the Temecula City Council, City of Temecula staff,and residents. As the Coordinator of The Murrieta Creek Regional Trail (MCRT) Four Cities Planning Team, I would like to address Item 7 on tonight's City Council Agenda. "Approve the First Amendment to the Disposition and Development Agreement with Alitra,LLC for the Disposition of Property Located on the NE Comer of Rancho California Road and Diaz Road (APN:951-021-089)and a Portion of Diaz Road.That the City Council approve the first Amendment to the Disposition and Development Agreement(DDA)with Alitra,LLC for the disposition and hotel development of the property located on the NE corner of Rancho California Road and Diaz Road(APN:951-021-089)and a portion of Diaz Road(Old Alignment)." The goal of the MCRT Planning team is to connect a nearly twenty- mile multi —use trail between Temecula and Lake Elsinore. The trail will ultimately encourage active transportation along the Murrieta Creek Corridor and connect businesses, work - places, recreation areas, residential neighborhoods, schools, and other regional and local trails. We are fortunate to have one of the most advanced sections of trail here in Temecula. From the Trail — Head at Rotary Park the Class 1 trail will soon be opened and fully connected to Rancho California Road. With an interruption at Rancho California Road, the trail then continues as a Class 1 paved trail along Diaz Road to Winchester Road. Our team has explored options with The City of Temecula Staff, Riverside County Flood Control, and Cal Trans to solve the interruption and connect the trail from the Old Town side of Rancho California Road to the trail section along Diaz Road. It is our hope that The City of Temecula and Alitra, LLC will include solutions to connect the trail at this point. Safe trail access at this property, can provide hotel patrons a safe, aesthetic, and stress - free walk or ride to amenities in Old Town, Uptown Temecula, and ultimately(with the Santa Gertrudis Undercrossing) a way to trek to Wine Country. With access to a connected MCRT, hotel patrons would be given an opportunity to experience many gems of Temecula, while avoiding congestion and traffic during their Temecula stay. From my position on the MCRT Planning team, I would like to see a focus by Alitra, LLC and The City of Temecula on solving the connection of the trail at Rancho California Road, when submitting plans. I appreciate your consideration of my comments on Agenda Item 7, and hope any actions taken on this agreement will reflect future actions that support active transportation. Respectfully, Gary Oddi, Coordinator, MCRT Four Cities Planning Team From: Randi Johl Sent: Tuesday, March 23, 2021 1:11 PM To: Skylar Tempel Subject: RE: Public comment for City Council meeting dated 3/23/21 Thank you for your email. It was received and will be read into the record at the next Council meeting. Randi Johl,JD, MMC Legislative Director/City Clerk randi.iohl(a�temeculaca.gov 41000 Main St, Temecula, CA 92590 JIL CMS Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From:Skylar Tempel< Sent:Tuesday, March 23, 2021 12:20 PM To: Randi Johl <randi.johl@temeculaca.gov> Subject: Public comment for City Council meeting dated 3/23/21 Hi Randi! Please see below for my public comments to be read into the record at tonight's meeting. Thank you! Skylar Tempel Good evening Mayor Edwards, city council, staff, and citizens of Temecula. Before I begin, I'd like to recognize the extraordinary efforts of the City of Temecula during the pandemic.The work of staff to continue city operations while also expanding programs to fit the modified needs of the time cannot be understated. Please continue to recognize the hard work of our civil servants in their never ending quest to make our community healthier, safer, and all around a better place to live. Now per my recollection, I have not addressed the council in public comment for well over 2 years.This is because I have for many years-as have many residents in Temecula - believed that our council members are accessible and truly listen to our concerns. Prior to the 2020 election and the retirement of councilman Naggar, I could state with absolute confidence that every member of council was available to hear my concerns and feedback about our city.As a resident of District 2,councilman Naggar's retirement meant the election of a new D2 representative. While I had personally backed the candidacy of someone else, I made several attempts to connect with then candidate Alexander in order to introduce myself and get to know more about her priorities for Temecula.At the time, I was running for the Water District and wanted to have a strong working relationship with the City Council regardless of who was elected.These attempts to make contact were ignored. 13 days ago I reached out through the official council email and cc'd the council 1 assistant to get a meeting on the books with Councilmember Alexander. That email was ignored. Councilmember Alexander has made no attempt to have a social media presence since she was elected or attempted to have any meaningful outreach with her constituents. There are only two possible conclusions to be drawn from these findings.The first is that Councilmember Alexander doesn't want to represent her constituents; which if true, would mean that her desire to be elected to council raises more questions than answers. Or more likely is the second conclusion; That councilmember Alexander wishes to be selective with who she represents. It's no secret that at face value Councilmember Alexander and I differ on national partisan politics. Former Councilman Naggar and I differed as well, yet we were able to develop a good working relationship to share our thoughts and ideas of what Temecula should be. We have long decried bringing partisanship onto this council. It's unproductive, and detrimental to the residents that rely on the city to provide the quality of life that we have worked so hard to achieve. Councilmember Alexander does not get to pick and choose her constituents. She was elected to serve all residents of D2 and by extension the entirety of the City of Temecula. So either Councilmember Alexander can get her act together and finally do her job, or she can resign and let someone willing to represent ALL their constituents step up. I look forward to your email or phone call. Skylar Tempel D2 Resident for 22 years 2 From: Randi Johl Sent: Tuesday, March 23, 2021 3:01 PM To: Subject: RE: Public comment for tonight's meeting Thank you for your email. It was received and will be read into the record at the next Council meeting. Randi Johl,JD, MMC Legislative Director/City Clerk randi.iohl@temeculaca.gov 41000 Main St, Temecula, CA 92590 71"47:"/.---mie.41j5. CateS Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Sent:Tuesday, March 23, 2021 1:47 PM To: Randi Johl <randi.johl@temeculaca.gov> Subject: Public comment for tonight's meeting March 23, 2021 Dear City Council: Over the last few weeks, the death rate from the Corona virus has gone down by about 80+%. We are reaching the apex of the disease. Herd immunity looks to be at hand. The sun is shining and the disease is at rest and soon will be gone. With that information coming from common sense review of the data, it is time to open up Temecula and the surrounding cities. Summer is coming and everyone is going to go out regardless. Arresting people for having open restaurants is only going to result in angry voters. The disease is going to be gone, so open up Temecula. Let us go back to normal. We are not prisoners. We are free people. Let our people go. Sincerely, Bob Kowell President, Murrieta Temecula Republican Assembly 2 From: Randi Johl Sent: Tuesday, March 23, 2021 3:01 PM To: P J Subject: RE: Council Comment for March 23 Thank you for your email. It was received and will be read into the record at the next Council meeting. Randi Johl, JD, MMC Legislative Director/City Clerk randi.johkC temeculaca.gov 41000 Main St, Temecula, CA 92590 cares Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: P J < Sent: Tuesday, March 23, 2021 1:57 PM To: Randi Johl <randi.johl@temeculaca.gov> Subject: Council Comment for March 23 Thank you city council and Mayor Edwards for the opportunity to address the council tonight. While, at times I thoroughly enjoy writing these emails to the council and giving my two cents on things seriously affecting Southwest Riverside County and our city — really — I would rather not have to do it. Wouldn't we all rather have city council members that truly represent the entirety of our community and not just the rabid insanity of conned and fearful Facebook few or the 3 to 6 ladies they see in the supermarket each week? Wouldn't we all just love to be free of the rantings and ramblings of outside agitators such as Bob Kowell — who lives in Murrieta — but seems to stick his nose into our business far too much? Wouldn't we all love to be able to ignore San Diego County business owner and failed council candidate Sonia Perez when she enters a Trader Joe's without a mask, endangering our residents and waving fake cards in employees' faces? Wouldn't it be nice if our business owners in Old Town and Wine Country — most of them — thought more about the health and wellbeing of our community and less about wine slushie and faux craft cocktail sales? Shouldn't we all be looking for ways to help our fellow man acquire affordable housing in our fair city? Shouldn't we be actively seeking out ways to IMPROVE our community and move it forward both socially and emotionally? The aged, bitter, evangelical hypocrites, racists, and equity misers in our community are the squeaky, tired, flat wheels of our community ... they don't take us forward ... they want to rip us back to their sad, tired level. But I enjoy dumping oil on those squeaky wheels. But maybe someone out there will recognize that what they are is a dying mindset and push back with me. These aging, decrepit dinosaurs of depreciating mental and emotional wellbeing lead an uneducated, twisted existence that relies on old ways of thinking, being fearful of progress, and relying on a policy of discrimination that blows whichever way isn't white. Their bigotry they falsely call patriotism and their hatred they call heritage and tradition. They live in a made-up reality and Temecula can't afford to suffer these fools — especially in our city leadership. Shake your head all you want, stare blankly into the screen — you know who you are — this isn't the '90s anymore and parks with windy blue things in parks won't cleanse your soul of irresponsible leadership of our community. We won't forget you the way the people mentioned above will be ... time to be responsible humans. PJ in Temecula 2 From: Randi Johl Sent: Tuesday, March 23, 2021 5:38 PM To: Tammy Marine Subject: FW: Public Comment for Tonight's City Council Meeting Attachments: ADVOCACY Temecula Letter2.docx Thank you for your email. It was received and will be read into the record at the next Council meeting. Randi Johl, JD, MMC Legislative Director/City Clerk randi.johl(c temeculaca.Qov 41000 Main St, Temecula, CA 92590 Carin Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From:Tammy Marine<Tammy@habitativ.org> Sent:Tuesday, March 23, 2021 5:29 PM To: Randi Johl<randi.johl@temeculaca.gov> Subject: Public Comment for Tonight's City Council Meeting Hi Randi, I hope you can read this on my behalf. Thank you sincerely! Tammy Marine, Executive Director Habitat for Humanity Inland Valley 41615 Winchester Road Suite 214 Temecula, CA 92591 ( (951) 296-3362 x206(office) Habitat 1 for Humanity' Inland Valley 1 YEARS Celebrating of Service 2 41101 • Habitat for Humanity' Now more than ever. 1 • Inland Valley Help Build It. Board of Directors March 23,2021 Connie French Dear Mayor,Council Members,City Manager and staff, President Jackie Steed I wanted to commend the city on an informative presentation at the last city council Vice President meeting covering the history of affordable housing.As you know,Habitat for Humanity Luanne Jobgen Secretary Inland Valley is a non-profit,housing developer and we have had a long history of working Saomorn Pang with the you through our homeownership,home preservation,and educational programs Treasurer and also through the use of the ReStores;programs all designed to help improve living conditions for our local residents.The presentation,by Luke Watson,was a needed review of the efforts of the city and the challenges that we collectively face in the affordable Former President housing space. Craig Evans I also appreciated listening to the concerns of community members stepping up to relay Landon Boucher their real life experiences.There is little that impacts a family more negatively than having Candace Brewington no access to affordable housing.The ramifications of living in substandard,overcrowded, Estella Cline or cost burdened housing affects access to other essential needs like medical, Christopher Hart transportation,youth development,education and more. Families who live outside their Jeannette Hartmann affordability are forced to make impossible choices every day and many are pushed to rely Kari H'Orvath on government subsidies for sheer survival. Maria Johnson Dan Keck Thankfully,we are beginning to see a national conversation on how we might move the Scott Peterson needle forward to solve this problem in a more holistic way. With so many barriers and relevant contributors to the situation,the problem is much more complex than it might Michael Shirley seem.Over the past months,we have had many conversations about specific projects and Jennifer Soper on how we can best address the needs of Temecula residents with the resources currently Gary Thornhill available to you,as a City and to us,as a non-profit. At Habitat,we are excited to build Paul Villamil upon the great work you have already accomplished.We have brainstormed about some Scott Williams exciting,new ideas to make some traction in housing. Thank you for always being open- minded listeners and forward thinkers. I believe,together,we can be viewed as innovators Advisory Board in this area and open a door to opportunities that could affect many in the months to come. David Boone John Bunge The topic of affordable housing is not an easy one. The challenges seem exponential and Brad Eskildsen Larry Markham the need immense but there is not a conversation that we have had that does not prove your Michael McCracken support and compassion for all of the demographics represented in our community. I want our residents to know that.Thanks to each of you for that leadership. I look forward to our upcoming project,in addition to future projects,in the years and months to come. Executive Director Tammy Marine Best regards Federal Tax ID 33-0461804 Tammy Marine, Executive Director Habitat for Humanity Inland Valley United n 27475 Ynez Road#390,Temecula,CA 92591 Phone: (951)296-3362 Fax: (951)296-3363 www.habitativ.org