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HomeMy WebLinkAbout102621 CC AgendaIn 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 11]. AGENDA TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA OCTOBER 26, 2021 - 7:00 PM CLOSED SESSION - 6:00 PM CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) with respect to one matter of pending litigation: In re National Prescription Opioid Litigation, MDL No. 2804 (Federal District Court N.D. Ohio). LABOR NEGOTIATIONS — The City Council will meet in closed session with its designated representatives to discuss labor negotiations pursuant to Government Code Section 54957.6. The City's designated representatives are City Manager Aaron Adams, City Attorney Peter Thorson, Assistant City Manager Kevin Hawkins, Director of Finance Jennifer Hennessy, Director of Human Resources and Risk Management Isaac Garibay, Deputy City Manager Luke Watson and Senior Human Resources Analyst Becky Obmann. The employee organization is the California Teamsters Public, Professional and Medical Employees Union Local 911. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(2) with respect to one matter of potential litigation. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City. The City and the owner of the Warehouse at Creekside, Keith Shibou, are involved in a dispute concerning their respective interpretations of the loan documents and the regulatory agreement for the Project that might result in litigation. See Keith Shibou's letter to the City Council of September 23, 2021. Attachments: Closed Session - Letter Dated September 23, 2021 CALL TO ORDER: Mayor Maryann Edwards INVOCATION: TBD FLAG SALUTE: Mayor Maryann Edwards ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart Page 1 City Council Agenda October 26, 2021 PRESENTATIONS - NONE BOARD / COMMISSION REPORTS Planning Commission and Race, Equity, Diversity and Inclusion Commission PUBLIC SAFETY REPORT Riverside County Sheriffs Department PUBLIC COMMENTS - NON -AGENDA ITEMS A total of 30 minutes is provided for members of the public to address the City Council on matters not listed on the agenda. Each speaker is limited to three minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or Deputy City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk or Deputy City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 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. 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. Each speaker is limited to three minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or Deputy City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk or Deputy City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 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 Page 2 City Council Agenda October 26, 2021 2. 3. 4. 5. Approve Action Minutes of October 12, 2021 Recommendation Attachments: That the City Council approve the action minutes of October 12, 2021. Action Minutes Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Attachments: Agenda Report R Pcnlntinn List of Demands Approve City Treasurer's Report as of July 31, 2021 Recommendation: That the City Council approve and file the City Treasurer's Report as of July 31, 2021. Attachments: Agenda Report Treasurer's Report Approve Financial Statements for the 4th Quarter Ended June 30, 2021 Recommendation: That the City Council: 1. Receive and file the financial statements for the 4th quarter ended June 30, 2021; and 2. Approve the following Fiscal Year 2021-21 appropriations: a. Increase the Emergency Management budget by $8,400 b. Increase the CIP Administration budget by $17,500 c. Increase the PERS Replacement Benefit budget by $9,100 3. Appropriate $2,000,000 of the year-end general fund surplus to the Pension Trust (PARS), in accordance with Budget Policy XII in Fiscal Year 2021-22. Attachments: Agenda Report Financial Statements Page 3 City Council Agenda October 26, 2021 6. 7. 8. 9. 10. Rescind the Current Vehicle Policy and Approve the City Vehicle and Driver Safety Recommendation: That the City Council: 1. Rescind the existing Vehicle Policy dated October 9, 1990; and 2. Approve the Vehicle and Driver Safety Policy; and 3. Authorize the City Manager, or their designee, to modify the Vehicle and Driver Safety Policy when necessary. Attachments: Agenda Report Vehicle and Driver Safety Policy Approve Sponsorship Agreement with Trauma Intervention Program of Southwest Riverside County, Inc. for Traumatic Incident Citizen Support Recommendation: Attachments That the City Council approve a sponsorship agreement with Trauma Intervention Program of Southwest Riverside County, Inc., in the amount of $10,000 for traumatic incident citizen support. Agenda Report Agreement Authorize the Purchase of Industrial Switches for the Fiber Optic Communication System Upgrade Project, PW 18-05 Recommendation: That the City Council authorize the purchase of industrial switches as part of the Fiber Optic Communication System Upgrade Project, PW 18-05, in the amount of $204,459.50. Attachments: Agenda Report Quote Approve Agreement with Gosch Ford Temecula for the Purchase of Four (4) 2021 Ford Ranger 4X4 XL Trucks Recommendation: That the City Council approve an agreement with Gosch Ford Temecula for the purchase of four (4) 2021 Ford Ranger 4X4 XL Trucks, in the amount of $121,734.76. Attachments: Agenda Report Agreement Award Construction Contract to Atom Engineering Construction, Inc. for the Flood Control Reconstruction and Repair Project, PW 11-10 Recommendation That the City Council: Page 4 City Council Agenda October 26, 2021 11. 12. 1. Award a construction contract to Atom Engineering Construction Inc., in the amount of $998,398, for the Flood Control Reconstruction and Repair Project, PW 11-10; and 2. Authorize the City Manager to approve change orders up to $99,839.80, which is 10% of the contract amount; and 3. Authorize payment of up to $7,428.84 to the Regional Conservation Authority (RCA) for the project Multiple Species Habitat Conservation Plan (MSHCP) fee. Attachments: Agenda Report Contract Project Description Approve First Amendment to the Minor Maintenance Agreement for Landscape Maintenance Services with Nieves Landscape, Inc. Recommendation: That the City Council approve the first amendment to the minor maintenance agreement for landscape maintenance services with Nieves Landscape, Inc., in the amount of $607,225.60 for Fiscal Year 2021-2022, and approve contingency for extra work in the amount of $121,445, which is approximately 20% of the agreement amount. Attachments: Agenda Report First Amendment Receive and File Temporary Street Closures for 2021 Winterfest Events Recommendation That the City Council receive and file the temporary closure of certain streets for the following 2021 Winterfest Events: ROD RUN, PU'ESKA MOUNTAIN DAY, SANTA' S ELECTRIC LIGHT PARADE, TEMECULA ON ICE, CHILLED IN THE PARK, NEW YEAR'S EVE GRAPE DROP Attachments: Agenda Report Exhibit A - Rod Run 2021 Exhibit B - Winterfest 2021 Exhibit C - Santa's Electric Light Parade Exhibit D - Chilled in the Park 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 October 26, 2021 TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President Zak Schwank ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart CSD PUBLIC COMMENTS - NON -AGENDA ITEMS A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to three minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or Deputy City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk or Deputy City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 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 Community Services District request specific items be removed from the Consent Calendar for separate action. 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. Each speaker is limited to three minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or Deputy City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk or Deputy City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 13. Approve Action Minutes of October 12, 2021 Recommendation: That the Board of Directors approve the action minutes of October 12, 2021. Attachments: Action Minutes 14. Approve Financial Statements for the 4th Quarter Ended June 30, 2021 Recommendation: That the Board of Directors: 1. Receive and file the financial statements for the 4th quarter ended June 30, 2021; and 2. Appropriate $2,300 to Service Level L Operating Budget in Fiscal Year 2020-21. Page 6 City Council Agenda October 26, 2021 Attachments: Agenda Report Financial Statements 15. Approve First Amendment with TNT Entertainment Group, LLC, for Additional Entertainment and Technical Services Recommendation Attachments That the Board of Directors approve the first amendment with TNT Entertainment Group, LLC for additional entertainment and technical services and increase payment in the amount of $60,000. Agenda Report Amendment 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, November 9, 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 October 26, 2021 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY CALL TO ORDER: Chair Maryann Edwards ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart SARDA PUBLIC COMMENTS - NON -AGENDA ITEMS A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to three minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or Deputy City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk or Deputy City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 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. 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. Each speaker is limited to three minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or Deputy City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk or Deputy City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 16. Approve Financial Statements for the 4th Quarter Ended June 30, 2021 Recommendation: That the Board of Directors receive and file the financial statements for the 4th quarter ended June 30, 2021. Attachments: Agenda Report Financial Statements SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTOR REPORTS Page 8 City Council Agenda October 26, 2021 SARDA ADJOURNMENT The next regular meeting of the Successor Agency to the Redevelopment Agency will be held on Tuesday, November 9, 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. TEMECULA HOUSING AUTHORITY - NO MEETING TEMECULA PUBLIC FINANCING AUTHORITY - NO MEETING Page 9 City Council Agenda October 26, 2021 RECONVENE TEMECULA CITY COUNCIL BUSINESS Any member of the public may address the City Council on items that appear on the Business portion of the agenda. Each speaker is limited to five minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or Deputy City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk or Deputy City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 17. Receive and File Report on the Arrive at Rancho Highlands Project (Planning Application Number PA 19-1448) Recommendation: That the City Council receive and file report on the Arrive at Rancho Highlands Project. Attachments: Agenda Report Aerial Map Administrative Approval Letter & Conditions of Approval Stamped Approved Plans 18. Approve American Rescue Plan Act of 2021 (ARPA) pendin Plan At the Request of Mayor Edwards and Mayor Pro Tem Rahn) Recommendation: That the City Council: 1. Establish Fund 108 - American Rescue Plan Act of 2021 (ARPA); and 2. Appropriate $14,079,507 in ARPA revenue and a corresponding transfer to the General Fund to provide funding for public safety services ($7,039,753.50 in Fiscal Year 2021-22 and $7,039,753.50 in Fiscal Year 2022-23); and 3. Establish the COVID-19 Pandemic Community Reinvestment Program and agree upon the funding categories noted below. Appropriate $7,040,000 in Fiscal Year 2021-22 and recommend $7,040,000 be programmed for Fiscal Year 2022-23 using available General Fund Balance for various community support grants, in accordance with the attached Exhibit A - COVID-19 Pandemic Community Reinvestment Program; and 4. Authorize the Strategic Fiscal Planning Ad Hoc Subcommittee to work with staff to develop the program criteria, administration and details for each category of funding. Page 10 City Council Agenda October 26, 2021 Attachments: Agenda Report Community Reinvestment Program DEPARTMENTAL REPORTS (Receive and File) 19. Community Development Department Monthly Report Attachments: Agenda Report PlanningActivity Report 20. Fire Department Monthly Report Attachments: Agenda Report Fire Department Report 21. Police Department Monthly Report Attachments: Agenda Report Incident Summaries 22. Public Works Department Monthlv Report Attachments: Agenda Report Project Status Report CITY MANAGER REPORT CITY ATTORNEY REPORT ITEMS FOR FUTURE CITY COUNCIL AGENDAS Any Council Member, including the Mayor, may request an item be placed on a future agenda. Any such request will be discussed under this section. In making the request, a Council Member may briefly describe the topic of the proposed agenda item and any timing associated with the placement of the item on the agenda. This description shall not exceed three (3) minutes unless extended by a majority vote of the City Council. No substantive discussion on the subject of the motion may occur. General discussion amongst the City Council on items listed under this section of the agenda shall be limited to 15 minutes. Items may only be placed on the agenda by Council Members pursuant to policy or by the City Manager based on administrative or operational needs of the City. Public comments on the placement of these agenda items shall be limited to a maximum of 30 minutes. Individual comments shall not exceed three (3) minutes. All public participation is governed by the Council Policy regarding Public Participation at Meetings and Agenda Placements by Council Members adopted by Resolution No. 2021-54. A. Aborted Children Memorial Plaque (At the Request of Council Member Alexander) Page 11 City Council Agenda October 26, 2021 ADJOURNMENT The next regular meeting of the City Council will be held on Tuesday, November 9, 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 in the main reception area of the Temecula Civic Center during normal business hours at least 72 hours prior to the meeting. The material will also be available on the City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions regarding any item on the agenda, please contact the City Clerk's Department at (951) 694-6444. Page 12 //RWG October 8, 2021 City Council City of Temecula 41000 Main Street Temecula, CA 92590 Peter M. Thorson T 213.626.8484 F 213.626.0078 F pthorson@rwglaw.com Re: Closed Session Potential Litigation October 12, 2021 Council Meeting -- Warehouse at Creekside Honorable Mayor and Members of the City Council: 350 South Grand Avenue 37th Floor Los Angeles, CA 90071 rwglaw.com On October 12, 2021, the Council the following matter will be discussed in closed session: CONFERENCE WITH LEGAL COUNSEL --POTENTIAL LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(2) with respect to one matter of potential litigation. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City. The City and the owner of the Warehouse at Creekside, Keith Shibou, are involved in a dispute concerning their respective interpretations of the loan documents and the regulatory agreement for the Project that might result in litigation. See Keith Shibou's letter to the City Council of September 23, 2021. Attached is Mr. Shibou's letter to the City Council of September 23, 2021. In my opinion, based on existing facts and circumstances, there is a significant exposure to litigation involving the City concerning this matter. Very truly yours, Peter M. Thorson Attachment Los Angeles San Francisco Orange County Temecula Central Coast City Council October 8, 2021 cc: Aaron Adams Kevin Hawkins Luke Watson 11086-0001\2579887v1.doc Page 1 2 September 23, 2021 Mayor Maryann Edwards and Temecula City Council Temecula, California RE: The Warehouse at Creekside LP Proposed Sale of 42801 Third Street Temecula CA 92590 Mr. Luke Watson has advised that the City of Temecula, ("the city") has concerns regarding the amount of Loan for which the prospective buyers are requesting "the city" to approve. We understand his concern is based on the wording of Section 7 of a Loan Commitment letter dated August 12, 2008. (Exhibit A), which states in part: "(ii) the principal; amount shall not exceed an amount which, when added to the Agency's Permanent Loan is 100% of the value of the Project upon completion". According to Mr. Watson's interpretation, based on a current value of $7,000,000, (Exhibit B) the maximum allowable loan could only be $1,000,000, ($7,000,000 value minus $6,000,000 "RDA" Grant) This int�retati®n_ is abs )Iutely incorrect The original loan to which the Commitment Letter refers was negotiated for the sole purpose of providing collateral to the Construction Lender's interim financing. The Redevelopment Agency's ("RDA") loan was subsequently converted to a Grant on February 9, 2009. (Details are provided later in this Brief). This fact is also unquestionably verified by the details provided in this Brief). Accordingly, the calculation as to the principal amount allowed under the above stated Commitment Letter should not include the 6,000,000 Grant. When the present Owners purchased the property in 2011, they re9led on the fact that the Redevelopment Agency's ("RDA") funding of $6,000,000 was a Grant not a Loan. 2707 BONITA CIRCLE -PALM SPRINGS CA. 92264 - PH 760-325-1214 -FAX 760-320-6497 MEMBERS: AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS ISRAELI INSTITUTE OF CERTIFilED PUBLIC ACCOUNTANTS Accordingly, they were able to purchase the property with a $3,000,000 bank loan and the "RDA" subrogated their Grant of $6,000,000 to the Bank's first trust deed. Further, when the present Owners renewed the bank loan in 2016, they again relied on the fact that the $6,000,000 was a Grant and not a loan. This understanding was confirmed by the actions of "the RDA". The property when purchased in 2011 was worth no more than $4,000,000 as construction had not been completed. Later, in 2016 on the loan renewal date the property was appraised by the Commercial Bank for $5,000,000. At both loan dates the combined Bank loan and Grant exceeded 100% of the value of the property. But "the city" approved the financing. Obviously, "the City" felt that the Owners had complied with the provisions of the Loan Commitment letter and relative amendments. The present Owners relied on "the City's" 2011 interpretation of Section 7 when deciding to purchase the property, and naturally looked to the future when the time would come to sell the property. Now, "the city" is adopting an arbitrary and capricious position that would effectively prevent the ro ert from bein sold until the Grant was removed in a roximatel 45 ears. This would cause a ma -or reduction in the ro ert value with considerable resultant dams es to the resent Owners. The current bank loan of approximately $2,550,000 is shortly coming due. If "the City" was to consider the $6,000,000 as a loan, not a Grant and the provisions of Sect.7 of the Loan Commitment Letter were applicable, this would mean that "the City" could not approve a loan renewal for the $2,550,000 resulting in the present owners not being able to re -finance their loan. This would cause additional significant damages. The "City's" current interpretation does not make any sense. For unknown reason(s) they are arbitrarily changing their position and trying to enforce the terms of a su erseded Commitment Letter. This is not right, and the Council should therefore confirm that the $6,000,000 Grant should not be considered in the calculation of "loan to value". 2 SUPPORTING FACTS (1) "The property" at 42801 Third Street was purchased by the present owners after the execution of the Second Amendment to the Owner Participation Agreement and Irrevocable Commitment Letter. (Exhibit C) The Shibou's, the present owners, due to advancing age and health issues wish to sell "the property" so that it will continue to be managed by experienced operators in a first- class manner for the benefit of low-income families. (2) When "the property" was purchased by the Shibou's in 2011 they obtained a new First Trust Deed from the Commercial Bank in the amount of $3,000,000. "The city" subordinated their lien which nevertheless continued to protect "the city's" ability to enforce compliance with the Regulatory Agreement. (3) At the 2011 purchase date the original owners (the Daltons) were in financial difficulty. The main floor of "the property" had not been completed; there were no windows or doors in the commercial spaces; homeless were living inside the uncompleted areas; the exterior street had not been completed; landscaping was not completed; the building roof had major leakage problems; there were plumbing problems; etc. All these problems had a significant effect on the value of "the property" and were corrected by the present owners at a cost of several hundred thousand dollars. (4) The value of the property in 2011 was no more than $4,000,000. The 2011 bank loan of $3,000,000 plus the subordinated grant lien of $6,000,000 far exceeded this amount. (5) In 2016 after major improvements were completed and the two commercial spaces were leased for approximately $9,000.00 per month, the then $2,800,000 outstanding bank loan plus the subordinated lien of $6,000,000 totaling $8,800,000 far exceeded the then bank appraisal for $5,000,000, but "the city" nevertheless approved the re -finance. 3 (6) The current Buyers propose to finance their acquisition by obtaining a first Trust Deed in the amount of $4,850,000. (Exhibit D). Based on a purchase price of $7,000,000 (Escrow documents previously submitted), the Buyers will be providing equity funds of $2,150,000 plus purchase costs. The Loan to Value is therefore only 69%. (7) A history of the various Agreements relating to the $6,000,000 Grant are as follows: a) August 12, 2008: The Redevelopment Agency ("RDA") issued an Irrevocable "Loan" commitment letter, (Exhibit A) for a permanent loan of $6,000,000. This "Loan" was to bear no interest 6 and re wire no a meats. b) August 12, 2008: A "Loan" Agreement was entered into between the "RDA" and The Warehouse. (Exhibit E). This Agreement specified under section 2(b) that the "loan" shall not bear interest and shall be for iven in 55 ears". c) February 9, 2009: the Second Amendment to the "OPA" was entered into between the "RDA" and the Warehouse. (Exhibit B'). Section D of the recitals state in part that "the RDA" and developer desire to modify the "OPA", related documents, and the Commitment Letter to reflect that the "RDA" has the right to make a $6,000,000 Grant in li� the $6,000,000 Loan. Article 1, (a) the modifications state that the "RDA" may make a grant of $6,000,000 in lieu of the $6,000,000 loan. (b) elaborates on the change from a "loan" to a "grant" and include wording that "no promissory note shall be required" Article 2(a) states that "this second amendment constitutes the entire agreement and su ersedes all rior a reements,►. !� d) May 12, 2010: recorded Deed of Trust, page 2, (Exhibit F), refers to the $6,000,000 as a GRANT not a Loan. e) May 12, 2010: The Regulatory Agreement ("RA"), (Exhibit G), part D under Recitals refers to the "RDA" Grant not Loan. Nowhere in this "RA" is there a� ? re.`eu ec�ce to a s-Oan� SUMMARY of HISTORY "The City" originally provided The Warehouse with $6,000,000 which was referred to as a loan, although the terms and conditions of the advance (no repayment and no interest") more closely resembled a Gift than a Loan. Subsequently, by amendment all commitment letters, loan agreements etc. were superseded and the "loan" was converted to a GRANT. The main difference between a grant and a loan is repayment. A loan requires you to repay the money you borrow, whereas a grant does not. Grants are essentially a gift with conditions attached. The borrower of a Loan is required to repay with interest and within a certain time. If repayment is defaulted, the lender usually has the right to enforce collection. There is no repayment or interest required in connection with the "RDA" Grant. The agreement between "the city" and the state requires Redevelopment Grants, not loans to be made to regulated housing projects. SUMMATION There is absolutely no question that the $6,000,000 advanced by "the city„ is a Grant, not a Loan. Accordingly, any calculation under Section7 of the Irrevocable Loan Commitment Letter dated August 12, 2008, must exclude this amount. 5 We respectively suggest that "the City" abide by the terms of the existing Agreements, and their previous interpretations and allow the prospective Buyers to finance the purchase with a first Trust Deed in the amount of $4,850,000. Sincerely, Keith A Shibou CPA Per: ORIGINAL REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA 43200 BUSINESS PARK DRIVE TEMECULA, CA 92590 August 12, 2008 The Warehouse at Creekside, LLC 41911 5th Street, Suite 302 Temecula, CA 92590 Attn: William Dalton Re: Irrevocable Permanent Loan Commitment for The Warehouse at Crcekside LLC Loan Amount: $6,000,000 Property: 42081 3`d Street, Temecula, CA 92590 APN: 922-06-012 Gentlemen: This letter constitutes our irrevocable permanent loan commitment ("Commitment") whereby Agency shall loan Borrower the sum of up to Six Million Dollars ($6,000,000) ("Agency's Permanent Loan") on the Following terms and conditions: Permanent Lender: 2. Construction Lender: 3. Borrower: 4. Agency's Permanent Loan Amount: 5. Term of Commitment: 6. Terms: Redevelopment Agency of the City of Temecula ("Agency"), Commercial Bank of California ("Bank") 695 Town Center Drive, Suite 100 Costa Mesa, CA 92626 The Warehouse at Creekside LLC, a California limited liability company (`Borrower") $6,000,000 (maximum) 24 months from date of this letter. 55 years; no interest and no payments if conditions of OPA (as defined in Paragraph 11) are rnet, Loan documents to be in form acceptable to Agency. Sectlr . Second trust deed on the real property and mixed use (commercial/residential) building to be constructed at 42801 Third Street, Temecula, CA 92590 ("the Project"), (APN 922-046-012). The improvements ("Improvements") shall include nineteen (19) one - bedroom apartments, twelve (12) two -bedroom townhomes and one (1) two -bedroom apartment (the "Project"). Agency trust deed to be recorded at funding. The initial construction loan, and any 11087-002111071074v1.doc refinance of the construction loan, shall: (i) have an interest rate not to exceed the prevailing market rates for similar loans; and (ii) the principal amount shall not exceed an amount which, when added to the Agency's Permanent Loan is 100% of the value of the Project upon completion. Regulatory Agreement: Prior to funding and recording the deed of trust in favor - of the Agency, a Regulatory Agreement as defined in §4.5 of the OPA shall be recorded against the Project and must be senior to any and all liens encumbering the Project. Purpose: In reliance on this commitment Ietter, Bank will make a construction loan in a principal amount of up to $8,500,000 to BOrrawer ("the Construction Loan"). The loan proceeds of the Agency's Permanent Loan shall be for the sole purpose of paying down the Construction Loan (to the extent it was used for the Project) when the conditions set forth in Paragraph 10 are met. 10. Candi[ioris to Futrdin�: In iao event shall the Agency be obligated to fund the Agency's Permanent Loan prior to July 1, 2009 or after the expiration of this commitment. In addition to the Other requirements herein, satisfaction of the following are conditions to the Agency's funding of the Agency's Permanent Loan: (a) Borrower shall have completed the Improvements; (b ) Borrower shall have obtained and there shall remain in effect a Certificate of Occupancy for the Improvements; (c) Borrower shall cause a Notice of Completion (as described in California Civil Code §3093) with rWpcct to the Improvements to be recorded in the Official Records of Riverside County, California; (d) there shall be issued to Agency an ALTA lender's title policy which insures the Agency's deed of trust, that is acceptable in form and substance to the Agency and insures the lien of the Agency's deed of trust as a second priority lien (subordinate only to the lien securing the unpaid balance of the construction loan); (e) presentation to" Agency of evidence (such as insurance certificates) of such fire and casualty insurance on the Project as may be required by Agency. The insurance carrier providing the insurance shall be chosen by Borrower subject to Agency's approval, which shall not be unreasonably withheld, and the policy shall include a standard mortgagee loss payable clause. 11. Owner Partini atiott A reexnent: Bank shall not be bound by the terms of the OPA or any other documents between Agency and Borrower. fI087-002111071074vI.doc 1.2• Assi nment: DATED: August' �, 2008 Borrower may assign this Commitment to Bank or any Other lender providing construction financing. AGENCY. REDEVELOPMENT AGENCY OF THE CITY OF TEMECC7 , a p lie y, coz �-a , and politic By r Ron Roberts ATTE5S-T-�-�, Temecula Redevelopment Agency Chairperson Susan 3ofi es, MG City CleKk Agency ecretary BORROWER: APPROVED AS TO FORM: RICHARDS, WATSON & GERSHON a profes �al coop -ation By: . Peter Thorson, Agency Counsel 11087-0021\1071074vLdoc TIC WAREHOUSE A REEKSIDE LLC, a California limit ility company By: William R. Dalton, Marta M M r By. Todd W. Dalton, Managing Member July 29, 2021 Ms. Jennie Smith, Real Estate Analyst Greystone Servicing Company, LLC 419 Belle Air Lane Warrenton, VA 20186 And Fannie Mae Re: Appraisal of Real Property The Warehouse at Creekside 42081 3rd Street Temecula, California 92590 BBG File No. 0121012088 Dear Ms. Smith: In accordance with your authorization, we have conducted the investigation necessary to form the folio win opinion of values: g p neon • As Is, Encumbered value of the Fee Simple Interest of the subject pro • As If Unencumbered, H Property, as Of July 16, 2021. Hypothetical value of the Fee Simple Interest of the subject property, as Of July 16, 2021. If • Insurable Value. The Warehouse at Creekside is an elevatorServed mixed -use residentiai/retail development with two 2 buildings an a 0.52-acre site. The buildings have a gross building area of 33,201 square feet, with 23,020 square feet of rentable residential area, The primary building features two ground level retail spaces totaling 323,0 square e t o ntable building has three floors, configured as two residential floors over a ground level podium parkin e units. The seconds ea The primary N building is positioned in an inner courtyard of the primary building and contains ereident all units only, The buildings were constructed in 2009 of wood frame with stucco, siding, and brick masonry exteriors and a flat roof. The buildings are demised for 32 affordable residential units at "low to moderate" income I based on the State of California Department of Housing and Community Development and Housing Authority he County of Riverside California Redevelopment agency's annuallylevels provided information, this is 60% and 11o% of the area AM[. The length) of the regulatory agreencome and rent ment isfor 55 netts years from May 12, 2010 it is scheduled to expire in 2065. This report is intended for use only by Greystone Servicin g Company, LLC, Fannie Mae, and related entities, successors and/or assigns. and their successors and assigns ("Lender). The use by others is not intended b g Inc. Furthermore, the report is intended only foruse in collateral valuation for a proposed secured credit tr and is not intended for any other use. Y 6G, ansaction This is an appraisal report, which is intended to conform with the requirements of the Uniform Standards Professional Appraisa! Practice (USPAP), as well as your institution's guidelines set forth in Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 19 9 (FIRE of and the December 2010 Interagency A guidelines and requirements, the appraisal g Y Appraisal and Evaluation Guidelines. 89 (FIRREAj, This report is for the use and benefit of, and may be relied upon by, a) Greystone Servicing Company, LLC, Fannie Mae, and related entities, successors and/or assigns. , and a successors and assigns, b) Independent auditors, accountants, attorneys and other professionals acting on behalf of Lender; any c) Governmental agencies having regulatory authority over Lender; THE WAREHOUSE AT CREEKSIDE APPRAISAL Ms. Smith July 29, 2021 Page 1 d) Designated persons pursuant to an order or legal process of any court or governmental agency; e) Prospective purchasers of the Mortgage; and f) With respect to any debt (or portion thereof) and/or securities secured, directly or indirectly, by the Property which is subject of this report, the following parties and their respective successors and assigns: • Any placement agent or broker/dealer and any of their respective affiliates, agents or advisors; • Any initial purchaser or subsequent holder of such debt and/or securities; • Any Servicer or other agent acting on behalf of the holders of such debt and/or securities; • Any indenture trustee; ® Any rating agency; and • Any institutional provider from time to time of any liquidity facility or credit Sup port financings. In addition, this report, or a reference to this report, may be included or quoted in any offering circular, offering memorandum, registration statement, private brochure (in either electronic or hard copy format) in connection with aesecurit zat on orment circular, information debt (or portion thereof) and/or securities, memorandum, prospectus or sales nsaction involving such The impact of the COViD-19 virus has created near -term instability in the capital and real estate markets. It is currently unknown what director indirect effect, if any, this event may have on the national economy, the local economy, and the s should local market. As such, the associated risk may not yet be priced into the real estate +narket. The reader should note the data and camparables used in this report are data points e Post, and there is projection risk associated with using lagging indicators. The opinions of this report are as of that occurred in th specific point in time and may change in the near terra. Please reference the COVID-19 Overview in the Market Analysis section of the appraisal report for further discussion. III The values presented within this appraisal report are subject to the extraordiRna 9 a um Standconditions listed below. Pursuant to the requirement within Uniform Standards of Professional Appraisal Standards Rule 2-2(a)(xi), it is stated here that the use of any extraordina ptions and hypothetical assigrds Rule 2-2 aveafe Practice extraordinary assumptions might have affected the ExtraordinaryAssumption(s) The subject is encumbered by a Regulatory g RedevelopmentAge ncyoftheCityofTemecuIa,whce h strctsetenantincome and rents on all 32 residential units to "low- and moderate -income levels." Income and rent limits are based on the State of California Department of Housing and Community Development and Housing Authority of the County of Riverside California Redevelopmentagency's annually published income and rent limits. According to provided information, this is 60% and 110% of the area AMI. The length of the regulatoryagreementis for55 years From May12, 2010, it is scheduled to expire in 2065. Our analysis is predicated on the assumption that this is true, and should these restrictions change, then the as is encumbered" value conclusion set forth herein will warrant reconsideration. HypotheticalCondition(s) The subject is encumbered b y a Regulatory th the Redevelopment Agency of the City of Temecula, which restrictshrestrictsetenant nt lincome and rents on all 32 residential units to "low- and moderate -income levels." Per the requirements of the client, a hypothetical condition is employed that assumes the absence of the restricting documents and, therefore, any restrictions associated with income or rent. The expressed intent of the hypothetical condition is to provide a market value of the property such that both income and expenses reflect market levels with no influence from any restrictive encumbrances. THE WAREHOUSE AT CREEKSIDE APPRAISAL BBT' �u , _`j Ms. Smith July 29, 2021 Page 3 Based on our inspection of the property and the investigation and the analysis undertaken, we have developed the following value opinion(s). Mb it unencumbered, Hypothetical JUIv lo, <u21 $7,000,000 Fee Simple July 16, 2021 $10,850.000 Based on recent market transactions, as well as discussions with market participants, a sale of the subject property at the above -stated opinion of market value would have required an exposure time of a less months. Furthermore, a marketing time of approximately 6 months, or less monthspscourrentl 1 V,,a months, the subject Property, This letter must remain attached to the report, which should be transmitted in its entirety, in order for the value opinion set forth to be considered valid. Our firm appreciates the opportunity to have performed this appraisal assignment on your behalf. If we may be of further service, please contact us. Sincerely, BBG, Inc. Alireza Khoshbin CA Certified General Appraiser Lice n s e #: AG 044624 714-415-0154 akhoshbin@bbgres,com THE WAREHOUSE AT CREEKSIDE APPRAISAL L N2 o� ass IRREVpCAI3GE LOAN CpMM]'T11IENTSTECEMENT AND THIS SECOND AMENDMENT TO OWNER PARTICIPATION AGREEMENT AND iRREVOCA13LE LOAN COMMITMENT [the "Second Amendment" s dated as 0 f February 9, 2009 and is entered into by and between the REDEVELOPMENT AGErNCY OF THE CITY OF TEIVIECULA, a public body, corporate and politic " CREEKSIDE, LLC, a California limited liability company and THE WAREHOUSE AT COMMERCIAL BANK OF CALIFQRNIA ("ConstrtrctpiorlLender").elope,,), with the consent of RECITALS A• Agency and Developer entered into can Owner Participation Agreement dated as of August 12, 2008, and amended it by a First Amendment to owner Participation Agreement dated as of February 24, 2009 (including all exhibits thereto, the "OPA")� The OPA provides far, among other things, the execution, delivery and recordation of a Regulatory Agreement between Agency and Developer (the "Regulatory Agreement") for affordable housing (the "Project") on the property described in the OPA, and a permanent loan by the Agency to the Developer to be used to repay construction financing provided to Developer by the Construction Lender to construct the Project. Capitalized terms used but not defined in this Amendment shall have the meanings ascribed thereto in the OPA. B. Agency and Developer entered into an Irre August 12, 204vocable Loan Cominitrnerzt dated $, which was amended by a First Amendment to Irrevocable Loan Commitment dated February 24, 2009, that conditionally requires the Agenc, repay the construction Ioan for the Project [the "Contnzitment Lettery tomake a $6,000,000 loan to '}. (The Con�rnitment Letter expires on February 12, 2011.} C. Pursuant to Assignment of Commitment Letter dated march 4 2009, Developer assigned its rights under the Commitment Letter. to Construction Lender, and the Agent executed a Consent to Assignment dated March 6, 2009• Y D. Agency and Developer desire to modify the OPA, the documents described therein, and the Commitment Letter (with the consent of the Construction Lender) to I•e€lect that the Agency has the right to make a conditional rant of eveloper in Ii $6,000,000 loan (but if the Agency fails to make the grant, $6,000,000 6 DOA,g00cy Dail remain obligated f ttrn make the $6,000,000 loan as currently described in the Commitment better and OPA). g NOW, THEREFORE, in consideration of the foregoing recitals and other consideration, the adequacy of which is hereby acknowledged, Agency and Developer hereby agree as follows: I. Modi�cation5. a. Developer, Agency and Construction Lender agree that the Agency may make a grant of $6,000,000 to Developer in lieu of the $6,000,00Q loan described in the OPA and Commitment Letter; however, Agency hereby agrees and confirms that if Agency does riot make such grant, Agency shall remain Obligated to make the $6,0007000 lean described in the OPA 1 1087-0021 \ 1188948 v ].do(; and Commitment Letter upon and sub - Commitment Letter, -ect to the terms and conditions in the OPA and b, If a grant is made by the Agency, the grant shall be disbursed upon the same terms and subject to the same conditions as set forth in the Conmitment Letter, except that no promissory note shall be required, and the Regulatory Agreement and Deed of Trust (which have not yet been executed) shall reflect that a grant rather than a loan is being made and that the grant shall become reitnbut-sable tQ the Agency by Developer upon the occurrence of any of the eve that would entitle the Agency to accelerate the Loan under the current terms of OPA and Loan nts Agreement. General Provisions. a• Entire A reerrrent, This Second Amendment constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes all prior agreements and understandings of the parties with respect to the subject matter hereof. This Second Amendment may not be modified, amended, supplemented, or otherwise changed, except by a writing executed by both parties hereto. b• LVaiver. No failure or delay by ally party in the exercise of any right hereunder r partial exercise of any such right shall constitute a waiver thereof, nor shall any single o preclude other or further exercise thereof, or any other right, C. Counterparts. This Second Amendment may be executed in two or more counterparts and by different parties hereto an separate counterparts, each of which when so executed and delivered shall be deetried an original and all of which, when taken together, shall constitute one and the same instrument. d. Covernirr° Law This Second Amendment shall be deemed to be a contract made under the laws of the State of California and for all purposes shall be govenied by and construed in accordance with the laws of the State of California. e- Attorne s' Fees and Costs Second Amendm. If a dispute arises under or in connection with this ent (including, without limitation, the enforcement or interpretation of this Second Amendment), the prevailing party (as determined by the trier of fact) shall be entitled to recover its reasonable attorneys' Fees and costs from the other party. 11087-0021\1188948v1.doc 2 IN WITNESS WHEREOF, the Parties have entered into this Second Amendment as of the day and year first above written. THE WAREHOUSE AT CREEKSIDE, LLC, a California limited iability company By: William R. Dalton, Managing Me ber By: 'I'odd�„ alton, Managing Member REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic By: Mike Naggar, Chairperson ATTEST: Susan Jo es, CMC City Cle Agency S retat-y APPROVED TO FORM: Richards, Watson & Gershon, a professional corporation By; Peter Thorson, Agency Counsel 11087-0021\1188948v .doe APPROVED By CONSTRUCTION COMMEI' L BANK OF CALIFORNIA By: Print :Name�_: �,o Title- teU��ctA�� 11087-0021U 188948V1_doc 4 FIRS-h C0khMFRCIAL , I .. I RE: The Warehouse at Creekside Temecula, CA 92590 TERM SHEET Loan Type Fannie Mae MAH Immediate Delivery Proposed Loan Amount $4,850,000 Loan Term 10 Years mortization Period 30 Years Interest Only Period 3 Years Index Rate 10-year Treasury Note *The yield used for the underlying rate for the note rat will be the greater of the yield on the index at lock or a Fannie Mae treasury flo❑ of 0,90% bps Proposed Interest Rate 3.70% [223 basis points plus the Index Rate] Prepayment Terms 9.5 years Yield Maintenance Maximum Loan -to -Value 70% as determined by UW Minimum Debt Service Coverage 1.20x as determined by UW DSC) UW nterest Accrual Basis Actual/360 lecourse Non -Recourse (exceptions may apply) Y pp Y) Gil Figueroa, CEO First Commercial Capital, Inc. 14241 E. Firestone Blvd., Suite 400 La Mirada, CA 90638 Gil@Firstcommercialcapital.com Direct: 562-754-5626 Office: 562-293-4076 Efax:562-381-8501 LOAN AGREEMENT This LOAN AGREEMENT (this "Loan Agreement") is made and entered into effective as of August 12, 2008 (the "Effective Date"), by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic ("Agency"), and THE WAREHOUSE AT CREEKSIDE LLC, a California limited liability company ("Borrower"). RECITALS A. Pursuant to that certain Owner Participation Agreement dated as of August o� 2008 between Agency and Borrower (the "OPA") and that certain Irrevocable Permanent Loan Commitment dated concurrently herewith, Agency has agreed to provide financial assistance to Borrower for construction of certain improvements on that certain land located in the Temecula Redevelopment Project Area No. I988-1 (the "Project_ Area"), in the City of Temecula, County of Riverside, State of California that is more particularly described in Exhibit "A" attached hereto (the "Property") that are to be used for affordable rental housing for low and moderate income persons and families. B. The purpose of this Loan Agreement is to further the Agency's affordable housing goals in the City of Temecula (the "City") by facilitating the construction of nineteen (19) one - bedroom apartments, twelve (12) two -bedroom townhomes and one (1) two -bedroom apartment (each, a "Unit" and collectively, the "Units") on the Property (the "Project") and thereby increase the supply of affordable housing in the City. C. The Agency desires to lend to the Borrower, and the Borrower agrees to borrow from the Agency, $6,000,000 from the Agency's affordable housing set -aside funds as a permanent loan that will repay part of the construction loan for the Project. D. The Project is in the best and vital interests of Agency and the City, and the health, safety and welfare of the residents and taxpayers in the City, and is in accord with the public purposes and provisions of applicable state and local laws. Completion of the Project will eliminate significant blight in the community as required by the Housing Element of the General Plan and the Redevelopment Implementation Plan for the Project Area, r NOW, THEREFORE, THE AGENCY AND THE BORROWER AGREE AS FOLLOWS: 1. FundamentaI Provisions. (a) Amount of Loan: $6,000,000,00. (b) Borrower's Address for Notices: 11087-002111071117v l .dot -1- The Warehouse at Creekside LLC 41911 5th Street, Suite 302 Temecula, CA 92590 Attn: William Dalton 2. Loan Agreement. (a) Agency hereby agrees to lend to Borrower, and Borrower agrees to borrow, on the terms and conditions set forth herein, the amount set forth in Section L(a), above (the "Loan"). The Loan shall also include any additional advances made by the Agency in connection with the Project (including improvements on which the Project is to be located and any and all costs of curing defaults under the loan(s) for such improvements) in excess of the amount set forth in Section 1(a) above. The Loan to Borrower shall be evidenced by and conditioned upon Borrower's execution of the OPA and: (i) this Loan Agreement; (ii) a Promissory Note; (iii) a Regulatory Agreement; (iv) a Deed of Trust, Security Agreement and Fixture Filing (with Assignment of Rents) (the "Deed of Trust"); and (v) such other documents relating to the Loan as the Agency may require (collectively, the "Loan Documents"), (b) The Loan shall not bear interest except as may be provided otherwise in the Note. The entire outstanding principal balance shall be forgiven upon the Fifty- fifth (55`h) anniversary of the date of the Promissory Note provided no Event of Default by Borrower has occurred under this Loan Agreement or the OPA. (c) The Loan may be prepaid, in whole or in part, without penalty. Borrower shall have not have any right to re -barrow any such prepaid amounts. (d) The Loan must close on or before the date which is two (2) years after the date of this Loan Agreement. 3. Use of Proceeds. Borrower shall use the Loan for the sole purpose of paying the construction loan used to construct the improvements (the "Improvements") described in Exhibit "B" attached hereto (the "Scope of Development"). 4. Conditions to Closing. As a condition precedent to the Agency's Loan, Borrower shall satisfy all conditions to closing in the OPA. All Loan Documents must be in form and substance acceptable to the Agency in the Agency's sole and absolute discretion 5. Disbursement. Provided the conditions to closing have been satisfied and Borrower is not in default under this Loan Agreement or the OPA, Agency, or its authorized agents, shall disburse the Loan proceeds to the escrow described in the OPA with instructions to apply the proceeds to the construction loan provided that escrow has sufficient funds to pay, and actually pays, the entire construction loan and is committed to reconvey the deed of trust securing said construction loan. 6. Completion of Construction. Borrower agrees to commence and complete construction of the Project in accordance with the OPA. 1 1087-002111071117v l .doc -2 7. Agency Remedies. If the Agency should, pursuant to any express provision of the Loan Documents, if any, or in the exercise of the Agency's rights provided by law, cure any default of a mortgage, pay any taxes that are delinquent, or expend -any other sums to protect the Agency's security interest in the Property and Improvements, as provided in the Loan Documents or otherwise, such expenditures shall at the Agency's option be charged against the Agency's disbursement obligations as advances on the Loan, or shall be considered additional advances thereunder. 8. Notice of Completion. Borrower shall, upon the reasonable request of the Agency, sign and file for record any notices of completion, notices of cessation of labor or any other notice or written document that the Agency may deem necessary to file or record to protect the Agency's security or interests hereunder. 9. No Liability to Contractors. The Agency shall in no way be liable for any act or omission of Borrower, the architect, general contractor, any subcontractor, any agent of any of them, or any person furnishing labor and/or materials used in or related to such construction. The Borrower shall indemnify, defend, protect and hold harmless the Agency on account of any claims that may be made against the Borrower by the architect, general contractor, any subcontractor, any agent of any of them, or any person furnishing labor and/or materials used in or related to such construction, or any third party on account of any work performed or materials provided by any of them. 10. Hazardous Materials. Borrower shall not release or permit the release of any Hazardous Material into, onto, beneath or from the Property, and any such release of any Hazardous Material into, onto, beneath or from the Property shall be an Event of Default hereunder. The Agency shall have the right to suspend any disbursement of Loan proceeds hereunder upon a reasonable belief of such a present release by, or permitted by, Borrower, of any Hazardous Material into, onto, beneath or from the Property. The Agency may, upon reasonable notice, enter and inspect the Property for the purpose of determining the existence, location, nature and magnitude of any past or present release of any Hazardous Material into, onto, beneath or from the Property upon a reasonable belief of the existence of a past or present release or threatened release of any Hazardous Material into, onto beneath or from the Property. Hazardous Materials are defined in Exhibit "C" attached hereto and incorporated by reference herein. 11. Insurance. Until the repayment or forgiveness of the principal and interest under the Note and the satisfaction of Borrower's obligations under this Loan Agreement, Borrower shall comply with the following. (a) Borrower shall obtain and maintain at no cost or expense to Lender, with a reputable and financially responsible insurance company reasonably acceptable to Lender, both commercial broad form general public 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 Project) and automobile liability insurance. Such general public liability insurance and automobile insurance shall each provide combined single limit protection of at least $2,000,000. Such insurance policy(s) shall name the City and the 11087-002111071117v1.doc -3- Agency and their elected officials, council members, board members, officers, employees, consultants, independent contractors, attorneys and servants as additional insureds_ (i) Before commencement of any work by Borrower on any portion of the Property, Borrower shall obtain and maintain in force until completion of such work (i) "all risk " builder's risk insurance with a combined single limit of at least $2,000,000, including coverage for vandalism and malicious mischief, in a form and with a company reasonably acceptable to the Lender, and (d) workers' compensation insurance covering all persons employed by Borrower in connection with work on the Project, or any portion thereof, 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. (ii) Borrower shall also furnish or cause to be furnished to the Lender evidence satisfactory to the Lender that any contractor with whom it has contracted for the performance of work on the Property or otherwise pursuant to this Agreement carries workers' compensation insurance as required by law. Gil) With respect to each policy of insurance required above, Borrower and each of Borrower's general contractors shall furnish to the Lender an insurance certificate on the insurance carrier's form setting forth the general provisions of the insurance coverage (as well as a copy of each insurance policy promptly upon receipt by Borrower). The required certificate shall be furnished by Borrower prior to commencement of the Project. (iv) All such policies required by this Section small be issued by responsible insurance companies licensed to do business in California with an A.M. Best's rating of no less than ANIII, be primary and noncontributing, shall be nonassessable and shall contain language to the effect that (i) the policies cannot be canceled or materially changed except after thirty (30) days' written notice by the insurer to the Lender by certified mail, and (ii) the Lender shall not be liable for any premiums or assessments_ All such insurance shall have deductibility limits which shall be commercially reasonable. (v) Each policy of insurance required above shall include a waiver by the insurer of all rights it may have to be subrogated to rights against Lender (or its elected officials, council members, board members, officers, employees, agents and representatives) in connection with any insured loss, and Borrower hereby waives any rights it may have against such persons or entities in connection with matters covered by insurance. (vi) Borrower represents and warrants that it has provided a copy of this Loan Agreement to its insurers and that the insurers are aware of all of the obligations of Borrower under this Loan Agreement. 12. Representations and Warranties. Borrower makes the following representations and warranties as of the date of this Loan Agreement and agrees that such representations and warranties shall survive and continue after the Loan is paid: 11087-0021\1071117v1.doe -4- (a) Authority. Borrower has complied with all laws and regulations concerning Borrower's organization, existence and transaction of business. Borrower has the right and power to own and develop the Property and Improvements thereon as contemplated in the Loan Documents. Borrower has, or at all appropriate times shall have properly obtained, all permits, licenses and approvals necessary to construct, occupy and operate the Improvements on the Property and in so doing has, or shall have (as appropriate), substantially complied with the plans and specifications for construction and all other applicable statutes, laws, regulations and ordinances. (b) Enforceability. Borrower has full right, power and authority to execute and deliver the Loan Documents and to perform the undertakings of Borrower contained in the Loan Documents, The Loan Documents constitute valid and binding obligations of Borrower which are legally enforceable in accordance with their terms, subject to the laws of bankruptcy, creditor's rights exceptions, and equity. (c) No Breach. To the best of Borrower's knowledge, none of the undertakings of Borrower contained in the Loan Documents violates any applicable statute, law, regulation or ordinance or any order or ruling of any court or governmental entity, or conflicts with, or constitutes a breach or default under, any agreement by which Borrower is, or the Property and Improvements thereon are, bound or regulated. (d) Financial Information. To the best of Borrower's knowledge, all financial information delivered to the Agency by Borrower, including, without limitation, information relating to Borrower, the Property, and the Improvements thereon, fairly and accurately represents such financial condition. No material adverse change in such financial condition has occurred. (e) Proceedings. To the best of Borrower's knowledge, Borrower is not in violation of any statute, law, regulation or ordinance, or of any order of any court or governmental entity. Borrower has no actual knowledge of any claims, actions or proceedings pending or threatened against Borrower or affecting the Property or Improvements that are not covered by insurance, other than those disclosed to the Agency in writing. (f) Accuracy. To the best of Borrower's knowledge, all documents, reports, instruments, papers, data, information and forms of evidence delivered to the Agency by Borrower with respect to the Loan are accurate and correct, are complete insofar as completeness may be necessary to give the Agency true and accurate knowledge of the subject matter thereof, and do not contain any material misrepresentation or omission. The Agency may rely on such reports, documents, instruments, papers, data, information and forms of evidence without any investigation or inquiry, and any payment made by the Agency in reliance thereon shall be a complete release in the Agency's favor of all sums so paid. (g) Taxes. Borrower has filed all federal, state, county and municipal Lax returns required to have been filed by Borrower and has paid all taxes which have become due pursuant to such returns or to any notice of assessment received by Borrower. Borrower has no knowledge of any basis for additional assessment with respect to such taxes. 11087-0021\ 1071117v 1.doc -5- (h) Utilities. To the best of Borrower's knowledge, all utility services necessary for the development and the occupancy of the Property, including without limitation gas, water, sewage, electrical and telephone, are available at or within the boundaries of the Property or all steps necessary to assure that such utility services will be available upon completion of the Improvements have been taken by Borrower. (i) Impairment of Security. No materials, equipment, fixtures, carpets, appliances, or any other part of the Improvements shall be purchased or installed under conditional sales agreements, leases, or under other arrangements wherein the right is reserved or accrues to anyone to remove or to repossess any such items. This paragraph shall not be construed to prohibit the leasing of tools used for construction of the Improvements. 13, Default of Borrower. (a) Events of Default. The occurrence of any of the following shall constitute an Event of Default by Borrower hereunder. (i) Borrower's failure to pay by the due date any sums or amounts due the Agency under this Loan Agreement, the Promissory Note, the Deed of Trust, the Regulatory Agreement, or any other Loan Document that is not cured within five (5) days after written notice from Agency; (ii) Borrower's breach of any warranty or representation hereunder; (iii) Borrower's breach or default under any of the Loan Documents that is not otherwise described in this Section and failure to cure the same after notice and within the time period described in Section 6.1 of the OPA; (iv) The occurrence of an Event of Default under the OPA. (v) The failure to deliver a monthly progress report under Section 7 of this Loan Agreement and failure to cure such failure within five (5) business days after written notice from the Agency. (vi) Any other act, omission or event which is described as an "Event of Default" elsewhere in this Loan Agreement, the OPA or in any other Loan Document. (b) Rernedies. In addition to any other remedies available to Agency at law and equity: (i) Agency may terminate this Loan Agreement; (h) Borrower shall be liable to Agency for any damages caused by such default, and Agency may thereafter commence an action for damages against Borrower with respect to such default; (iii) Agency may, at Agency's option, commence an action for specific performance of the terms of this Loan Agreement or any other agreement between Borrower and Agency pertaining to such default; (iv) all sums disbursed or advanced by Agency shall, at the option of Agency, immediately become due and payable; (v) the Agency shall be released from any and all further obligations to Borrower under the terms of this Loan Agreement; and (vi) Agency shall have the right to obtain the appointment of a receiver for the Project and related improvements upon exparte motion; and/or (vii) Agency 11 os7-0021 \ 1071 117v 1.doc -6- may foreclose the Deed of Trust judicially (if a deficiency is sought) or nonjudicially. Agency's rights and remedies under this Loan Agreement include, without limitation, recovery of improper disbursements and overpayments, or reduction of payments and termination of this Loan Agreement. 14. No Waiver; Remedies Cumulative. No disbursement of Loan proceeds shall constitute a waiver of any conditions to the Agency's obligation to make further disbursements nor, in the event Borrower is unable to satisfy any such conditions, shall any such waiver have the effect of precluding the Agency from thereafter declaring such inability to constitute a default under this Loan Agreement. No disbursement of proceeds based upon inadequate or incorrect information shall constitute a waiver of a right to receive a refund thereof. No failure or delay on the part of the Agency in the exercise of any power, right or privilege hereunder or under any of the other Loan Documents shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude any other or further exercise thereof or of any other right, power or privilege. All rights and remedies existing under this Loan Agreement or the other Loan Documents are cumulative to and not exclusive of any rights or remedies otherwise available. The Agency's acceptance of less than the entire amount due for any payment on the Promissory Note shall not constitute a waiver by the Agency to thereafter demand the entire amount due. 15, Disbursements in Excess of Maximum Loan Amount. In the event the total disbursements by the Agency exceed the maximum Loan amount, the total of all disbursements shall be secured by the applicable Loan Documents. lb. Empowerment of A enc . Borrower does hereby irrevocably appoint, designate, empower and authorize the Agency as Borrower's agent, coupled with an interest, to sign and file for record any notice or written document that the Agency may deem necessary to file or record to protect the Agency's security or interests hereunder, 17, Borrower's Indemnity of Agency and Cit . Borrower hereby agrees to, and shall defend (with counsel approved by the Agency), indemnify and hold Agency, the City and their Representatives harmless from and against all claims, liabilities, losses, damages, costs, expenses, or liabilities, including attorneys' fees and court costs, arising from, in connection with, or in any way resulting from (i) Borrower's breach of this Loan Agreement or any of the Loan Documents, (ii) Borrower's negligence or intentional misconduct with respect to the Property or the Improvements or the subject matter hereof, or (iii) the construction of the Improvements, including without limitation, any act or omission of Borrower, the general contractor, the architect, any agent of any of them, or any person furnishing labor and/or materials used in or related to such construction. Agency shall have no liability whatsoever for any acts or omissions of Borrower or its architects, contractors, or agents, or any one of them, or any other person furnishing services, labor and/or material to Borrower in connection with the Property. 18. Assi nment of Agreement and Transfer. No assignment or transfer, voluntary or involuntary, may be made of this Loan Agreement or of any right hereunder, and no attempted transfer shall be binding upon or in any way affect the Agency without the Agency's 11087-0021 \ 1071117v l .doc -7- prior written consent, which may be withheld in the Agency's sole and absolute discretion. Borrower acknowledges that the identity of Borrower is of particular concern to Agency, and it is because of Borrower's identity that Agency has entered into this Loan Agreement with Borrower. No voluntary or involuntary successor in interest of Borrower shall acquire any rights or powers under this Loan Agreement. In the event of an assignment or transfer that is not approved by the Agency, the Agency shall have the right to declare the entire principal balance of the Loan and all accrued interest, if any, immediately due and payable. 19. Governing Law,• Venue. The laws of the State of California shall govern the interpretation and enforcement of this Loan Agreement. Any action must be instituted in either the Superior Court of the County of Riverside, State of California, or in an appropriate court in that County. 20. Obligation to Refrain from Discrimination. (a) There shall be no discrimination against or segregation of any person, or group of persons, on account of sex, marital status, age, handicap, race, color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, and Borrower (itself or any person claiming under or through Borrower) shall not establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees thereof or any portion thereof. (b) Borrower shall refrain from restricting and shall cause each Unit owner to refrain from restricting the rental, sale or lease of the Property or any portion thereof, on the basis of sex, sexual orientation, age, handicap, marital status, race, color, religion, creed, ancestry or national origin of any person. All such deeds, leases or contracts shall contain or be subject to the nondiscrimination or nonsegregation clauses set forth in the OPA. 21. Severability. If any term or provision of this Loan Agreement or the application thereof shall to any extent be held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Loan Agreement, or the application of such term or provision to circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Loan Agreement shall be valid and shall be enforced to the extent permitted by law. 22. Notices. All notices, demands or other communications under this Loan Agreement and the other Loan Documents shall be given in writing by certified or registered mail, postage prepaid, and return receipt requested, by personal delivery or by a nationally recognized overnight courier, addressed to the parties as follows (provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice): To Agency: Temecula Redevelopment Agency 43200 Business Park Drive Temecula, CA 92590 Telephone: (909) 694-6444 11087-002111071117v1.doc -8- Telecopier: (909) 694-1999 Attention: Executive Director With a copy to: Richards, Watson & Gershon 355 South Grand Avenue, 401h Floor Los Angeles, CA 90071-3101 Attention: Peter M. Thorson, Esq. Telephone: (213) 626-8484 Telecopier: (213) 626-0078 To Borrower: At the address set forth in Section 1(b), above. Notices shall be considered given upon the earlier of (a) personal delivery; (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested; or (c) one (1) business day following deposit with a nationally recognized overnight courier. 23. Litigation. If either party shall be or shall become a party to any legal proceedings instituted primarily against the other party (as determined by the trier of fact) in connection or arising out of the Improvements and/or the Property, or in the event of any dispute between the parties hereto arising out of this Loan Agreement, the losing party (as determined by the trier of fact) shall pay to the prevailing party (as determined by the trier of fact) all sums paid or incurred by the prevailing party as costs and expenses in the legal proceedings, including but not limited to actual attorneys' fees and costs. 24. Successors and Assigns. Subject to the terms and conditions of Section 26 hereof, this Loan Agreement shall be binding upon the parties hereto, their heirs, successors and assigns, and may be amended, altered, revoked, modified or waived, in whole or in part, only by an instrument in writing signed by Borrower and Agency. If more than one person executes this Loan Agreement as Borrower, the obligations of each of such persons hereunder- shall be joint and several obligations. 25. Time of Essence. Time is of the essence of this Loan Agreement and of each and every provision hereof. 26. Wa rrant A ainst Payment of Consideration for this Loan A regiment. Borrower warrants that Borrower has not paid nor given, and will not pay nor give, any third party any money or other consideration for obtaining this Loan Agreement, 27. Nonliability of AEncy Officials and Employees. No member, official or employee of Agency shall be personally liable to Borrower or any successors in interest in the event of any default or breach by Agency or for any amount which may become due to Borrower or Borrower's successors or on any obligations under the terms of this Loan Agreement, 28. No Third Party Beneficiaries. This Loan Agreement is made for the sole protection of Agency and Borrower and their respective permitted successors and assigns, and no other person or persons shall have any right of action hereon, nor should any laborer, materialman, subcontractor, or other third party rely upon the funds deposited hereunder as a 11087-002111071117vl.doc -9- source of payment for work done or labor and/or materials supplied in respect to the Improvements contemplated hereunder or otherwise, notwithstanding any representation to the contrary made by Borrower, the general contractor or any other person. This Loan Agreement and the other Loan Documents contain all of the terms and conditions agreed to by Borrower, and no other agreement regarding the subject matter of this contract, unless it is in writing and signed by Agency and Borrower, shall be deemed to exist or to bind any party hereto. 29. AgencY_Approval. Unless specifically provided for herein, the Agency's approval, including, without limitation, approval of the form of the Loan Documents and of amendments to this Loan Agreement, shall be satisfied by the approval of the Agency's Executive Director. 11087-002 L 11071117v 1.doc -10- STEWART TITLE -Riverside RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Redevelopment Agency of the City of Telnecul- 43200 Business Park Drive TSR Temecula, California 92590 Attention: City Clerk og-zIx, DOC # 2010-0223773 05/9.4/2010 08:00A Fce;NC Page 1 of 11 Recorded in Official Records County of Riverside Larry W. Ward Asse'sor, County Clerk &•Recorder 11111111111111111111111111111111111111111111111111 III U I PAGE I SIZE i DA I MISC I LONG I RFD j COPY 465 1 426 PCOR NCOR SMF NCH rAl EjXAM T: CTY UNI Exem t from recording fees pursuant to Gov. Code Section 27383 (Space Above This Line for Recorder's Use) DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILING (WITH ASSIGNMENT OF RENTS) This DEED OF TRUST, SECURITY: AGREEMENT AND FIXTURE FILING (WITH ASSIGNMENT OF RENTS) (the "Deed of Trust")is made as of May 12, 2010, by THE WAREHOUSE AT CREEKSIDE LLC, a California limited liabilify 'company ("Trustor"), whose address is 41911 5th Street, Suite 302, Temecula, -CA- 92590, to STEWART TITLE ("Trustee"), for the benefit of the REDEVELOPMENT AGENCY 'OF THE CITY OF TEMECULA, a public body, corporate and politic ("Beneficiary" ), whose address is Post Office Box 9033, 43200 Business Park Drive, Temecula, California 92589-9033; Telephone: (951) 694- 6415; Fax: (951) 694-6477. The Trustor grants, transfers and assigns to the Trustee in trust, upon the covenants, conditions and agreements and for the uses and purposes hereinafter contained, with power of sale, and right of entry and possession, all of its right, title and interest in that certain land (the "Site") in the City of Temecula, County of Riverside, State of California, described in Exhibit "A" attached hereto and incorporated herein by this reference. Together with the Trustor's interest in all buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Site; and Together with the rents, issues and profits thereof; and together with all buildings and improvements of every kind and description now or hereafter erected or placed thereon, and all fixtures, including but not limited to goods which are or which become fixtures, and all gas and electric fixtures, engines and machinery, radiators, heaters, furnaces, heating equipment, laundry equipment, steam and hot-water boilers, stoves, ranges, elevators and motors, bathtubs, sinks, water closets, basins, pipes, faucets and other plumbing and heating fixtures, mantles, cabinets, refrigerating plant and refrigerators, whether mechanical or otherwise, cooking apparatus and appurtenances, and all shades, awnings, screens, blinds and other furnishings, it being hereby agreed that all such fixtures and furnishings shall to the extent permitted by law be deemed to be permanently affixed to and a part of the realty; and Together with all building materials and equipment now or hereafter delivered to said premises and intended to be installed therein; and Together with all plans, drawings, specifications, etc., and articles of personal property now or hereafter attached to or used in and about the building or buildings now erected or hereafter to be erected on the Site which are necessary to the completion and comfortable use and occupancy of such building or buildings for the purposes for which they were or are to be erected, including all other goods and chattels and personal property as are ever used or furnished in operating a building, or the activities conducted therein, similar to the one herein described and referred to, and all renewals or replacements thereof or articles in substitution therefor, whether or not the same are, or shall be attached to said building or buildings in any manner. To have and to hold the property hereinbefore described (including the Site and all appurtenances), all such property being referred to collectively herein as the "Property," to the Trustee, its successors and assigns forever. FOR THE PURPOSE of securing (1) Truster's conditional obligation to repay a grant made by the Trustor to the Beneficiary under that "Second Amendment to Owner Participation Agreement and Irrevocable Loan Commitment" dated February 9, 2010 executed by Trustor and Beneficiary, such obligation to repay being set forth in Section 10(b) of that certain Regulatory Agreement dated concurrently herewith between Trustor and Beneficiary; (2) performance by Trustor under and compliance of Trustor with Regulatory Agreement; (3)_performance -by Trustor and compliance by Trustor with all extensions, amendments, modifications or renewals of the Regulatory Agreement. AND TO PROTECT THE SECURITY OF THE DEED OF TRUST, THE TRUSTOR COVENANTS AND AGREES: That it will pay sums due under the Regulatory Agreement at the time and in the manner provided therein and will perform and comply with the terms of the Regulatory Agreement; 2. That it will not permit or suffer the use of any of the Property for any purpose other than the use set forth in the Regulatory Agreement; 3. Upon the occurrence of a default under any Regulatory Agreement that is not cured after any notice from Agency required therein is given and any applicable cure period has expired (an "Event of Default"), the Beneficiary, at its option, may declare the grant repayable; 4. That all rents, profits and income from the'Property covered by this Deed of Trust are hereby assigned to the Beneficiary for the purpose of discharging the obligations hereby secured. Permission is hereby given to the Trustor, so long as no Event of Default exists, to collect such rents, profits and income; -2- That upon the occurrence of an Event of Default, the Beneficiary shall be entitled to the appointment of a receiver by any court having jurisdiction, without notice, to take Possession and protect the Property described herein and operate same and collect the rents, profits and income therefrom; 6. To pay, at least ten (10) days before delinquency, any taxes and assessments affecting said Property when due, all encumbrances, charges and liens, with interest, on said Property or any part thereof which appear to be prior or superior hereto, all costs, fees and expenses of this Trust; 7. To keep said Property in good condition and repair, and not to remove or demolish any buildings thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged, or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor (unless contested in good faith if the Trustor provides security satisfactory to the Beneficiary that any amounts found to be due will be paid and no sale of the Property or other impairment of the security hereunder will occur); to comply with all laws affecting said Property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or permit any act upon said Property in violation of law and/or covenants, conditions and/or restrictions affecting said Property; not to permit or suffer any alteration of or addition to the improvements hereafter constructed in or upon said Property without the consent of the Beneficiary; 8. To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of the Beneficiary or the Trustee, and to pay all costs and expenses, including cost of evidence of title and attorneys' fees in a reasonable sum, in any such action or proceeding in which the Beneficiary or the Trustee may appear; 9. Should the Trustor fail to make any payment or do any act as herein provided, then the Beneficiary or the Trustee, but without obligation so to do and without notice to or demand upon the Trustor and without releasing the Trustor from any obligation hereof, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, The Beneficiary or the Trustee being authorized to enter upon said Property for such purposes, may commence, appear in and/or defend any action or proceeding purporting to affect the security hereof or the rights or powers of the Beneficiary or the Trustee; may pay, purchase, contest or compromise any, encumbrance, charge, or lien which in the Judgment of either appears to be prior or superior hereto; and, in exercising any such powers, may pay necessary expenses, employ counsel, and pay its reasonable fees; 10. Trustor shall maintain reasonable casualty and liability insurance on the Property, .and the Beneficiary shall have the right to obtain and pay for such insurance should the Trustor fail to do so and Trustor shall promptly reimburse Beneficiary for such costs within ten (10) business days after written demand. All such payments not made by the Beneficiary shall be added to the principal sum secured hereby; 11. To pay immediately and without demand all sums so expended by the Beneficiary or the -3- Trustee, under permission given under this Deed of Trust, with interest from date of expenditure at the highest rate of interest permitted by law, after an Event of Default; 12. The Trustor further covenants that it will not voluntarily create, suffer or permit to be created against the Property subject to this Deed of Trust any lien or liens except as authorized by the Beneficiary and further that it will keep and maintain the Property free from the claims of all persons supplying labor or materials which will enter into the construction of any and all improvements now being constructed or to be constructed on the Property; 13. That any and all improvements made or about to be made on the Property, and all plans and specifications, shall comply with all applicable municipal ordinances and regulations and all other regulations made or promulgated, now or hereafter, by lawful authority, and that the same will upon completion comply with all such municipal ordinances and regulations and with the rules of the applicable fire rating or inspection organization, bureau, association or office; IT IS MUTUALLY AGREED THAT: 14. Should the Property or any part thereof be taken or damaged by reason of any public improvement or condemnation proceeding, or damaged by fire, or earthquake, or in any other manner, the Beneficiary shall be entitled to all compensation, awards, and other payments or relief therefor, and shall be entitled at its option to commence, appear in and prosecute an its own name, any action or proceedings, or to make any carnpromise or settlement, in connection with such taking or damage. All such compensation, awards, damages, rights of action and proceeds, including the proceeds of any policies of fire and other insurance affecting said Property, are hereby assigned to the Beneficiary. After deducting therefrom all its expenses, including attorneys' fees, the balance of the proceeds shall be applied to the amounts secured hereby, to the extent permitted by applicable law; 15. Upon the occurrence of 'an Event of Default, the Beneficiary may declare all sums secured hereby immediately due and payable and may exercise its rights and remedies under the Regulatory Agreement and applicable law, including, without Iimitation, delivery to the Trustee of written declaration of default and demand for sale, and of written notice of default and of election to cause the Property to be sold, which notice the Trustee shall cause to be duly filed for record; 16. Beneficiary's remedies shall include, without limitation, after the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been given as then required by law, the right to cause the Trustee, without demand on the Trustor, to sell said Property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. The Trustee may postpone sale of all or any portion of said Property by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time fixed by the M preceding postponement. The Trustee shall deliver to the purchaser its deed conveying the property so sold, but without any' covenant or warranty, express or implied. The recitals in the deed of any matters or facts shall be conclusive proof of the truthfulness thereof Any person, including the Trustor, the Trustee or the Beneficiary, may purchase at the sale. The Trustee shall apply the proceeds of sale to payment of. (a) the expenses of such sale, together with the reasonable expenses of this trust including therein the Trustee's fees or attorneys' fees for conducting the sale, and the actual cost of publishing, recording, mailing and posting notice of the sale; (b) the cost of any search and/or other evidence of title procured in connection with such sale and revenue stamps on the Trustee's deed; (c) all sums expended under the terms hereof, not then repaid; (d) all other sums then secured hereby; and (e) the remainder, if any, to the person or persons legally entitled thereto; 17. The Beneficiary may from time to time substitute a successor or successors to the Trustee named herein or acting hereunder to execute this Deed of Trust. Upon such appointment, and without conveyance to the successor trustee, the latter shall be vested with all title, pourers, and duties conferred upon the Trustee herein named or acting hereunder. Each such appointment and substitution shall be made by written instrument executed by the Beneficiary, containing reference to this Deed of Trust and its place of record, which, when duly recorded in the proper office of the county or counties in which the Property is situated, shall be conclusive proof of proper appointment of the successor trustee; 18. The pleading of any statute of limitations as a defense to any and all obligations secured by this Deed of Trust is hereby waived to the fullest extent permissible by law; 19. At such time as the obligations secured herby are paid in full (or become no longer repayable) and the obligations under the Regulatory Agreement have been performed- and the term thereof has expired, the Beneficiary may submit a written request stating that all obligations secured hereby have been paid or forgiven, and upon surrender of this Deed of Trust and the Regulatory Agreement to the Trustee for cancellation and retention and upon payment of its fees, the Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters of fact shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or persons legally entitled thereto;" 20. The trust created hereby is irrevocable by the Trustor; 21. This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term "the Beneficiary" shall include not only the original Beneficiary hereunder but also any future owner and holder, including pledgees of the Note secured hereby. In this Deed of Trust, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the,plural; 22. The Trustee accepts this trust when this Deed of Trust, duly executed and acknowledged, is made public record as provided by law_ Except as otherwise provided by law the Trustee is not obligated to notify any party hereto of pending sale under this Deed of -5- Trust or of any action or proceeding in which the Trustor, the Beneficiary, or the Trustee shall be a party unless brought by the Trustee;. 23. The Trustor agrees at any time and from time to time upon receipt of a written request from the Beneficiary, to furnish to the Beneficiary a detailed statement in writing of income, rents, profits and operating expenses of the Property, and the names of the occupants in possession, together with full information regarding all purchase and sale and occupancy agreements, and such other information regarding the Property and its use as may be requested by the Beneficiary; 24. The Trustor shall permit the Beneficiary and its agents or representatives to inspect the Property at any and all reasonable times with or without advance notice. Inspections shall be conducted so as not to interfere with the occupants' use and enjoyment of the Property; 25. For purposes of this Deed of Trust, "Hazardous Materials" shall mean any substance, chemical, compound or mixture which is (or contains or is the decomposition product of any substance, chemical compound, or mixture which is): (a) a "Hazardous Substance," "Hazardous Material," "Hazardous Waste," or "Toxic Substance" under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601, et 54., the Hazardous Materials Transportation Act, 49 U.S.C, §§ 1801, et s_eg., or the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, et seq.; (b) an "Extremely Hazardous Waste," a "Hazardous Waste," or a "Restricted Hazardous Waste," under §§ 25115, 25117 or 25122.7 of the California Health and Safety Code, or is listed or identified pursuant to §§ 25140 or 44321 of the California Health and Safety Code; (c) a "Hazardous Material," "Hazardous Substance," "Hazardous Waste," "Toxic Air Contaminant," or "Medical Waste" under §§ 25281, 25316, 25501, 25501,1, 25023.2 or 39655 of the California Health and Safety Code; (d) "Oil" or a "Hazardous Substance" listed or identified pursuant to § 311 of the Federal Water Pollution Control Act, 33 U.S.C. § 1321, as well as any other hydrocarbonic substance or by-product; (e) Iisted or defined as a "Hazardous Waste," "Extremely Hazardous Waste," or an "Acutely Hazardous Waste" pursuant to Chapter 11 of Title 22 of the California Code of Regulations; ( listed by the State of California as a chemical known by the State to cause cancer or reproductive toxicity pursuant to § 25249.9(a) of the California Health and Safety Code; (g) a material which due to its characteristics or interaction with one or more other substances, chemical compounds, or mixtures, damages or threatens to damage, M health, safety, or the environment, or is required by any law or public agency to be remediated, including remediation which such law or public agency requires in order for the Property to be put to any lawful purpose; (h) any material whose presence would require remediation pursuant to the guidelines set forth in the State of California Leaking Underground Fuel Tank Field Manual, whether or not the presence of such material resulted from a leaking underground fuel tank; (i) pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §§ 136 et seq.; (j) asbestos, PCBs, and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. §§ 2601 et seq.; (k) any radioactive material including, without limitation, any "source material," special nuclear material," "by-product material," "low-level wastes," "high-level radioactive waste," "spent nuclear fuel," or "transuranic waste," and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act, 42 U.S.C. §§ 2011 et siN., the Nuclear Waste Policy Act, 42 U,S.C. §§ 10101 et s. ear ., or pursuant to the California Radiation Control Law, California Health and Safety Code §§ 25800 et set r:1 (1) regulated under the Occupational Safety and Health Act, 29 U.S.C. §§ 651 et or the California Occupational Safety and Health Act, California Labor Code §§ et seq.; and/or (m) regulated under the Clean Air Act, 42 U.S.C. §§ 7401 et seq. or pursuant to Division 26 of the California Health and Safety Code; 26. In addition to the general and specific representations, covenants and warranties set forth in this Deed of Trust or otherwise, the Trustor represents, covenants and warrants, with respect to Hazardous Materials, as follows: a. Neither the Trustor nor, to the best knowledge of the Trustor, any other person, has ever caused or permitted any Hazardous Materials to be manufactured, placed, held, Iocated or disposed of on, under or at the Property or any part thereof, and neither the Property nor any part thereof or any property adjacent thereto has ever been used (whether by the Trustor or, to the best knowledge of the Trustor, by any other person) as a manufacturing site, dump site or storage site (whether permanent or temporary) for any Hazardous Materials; b. The Trustor hereby agrees to indemnify the Beneficiary, its officers, employees, contractors and agents, and hold the Beneficiary, its officers, employees, contractors and agents harmless from and against any and all tosses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against the Beneficiary, its officers, employees, contractors or agents for, with respect to, or as a direct or indirect -7- result of, the presence or use, generation, storage, release, threatened release or disposal of Hazardous Materials- on or -under the Property after the date hereof or the escape, seepage, Ieakage, spillage, discharge, emission or release of any Hazardous Materials from the Property after the date hereof (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under CERCLA, any so-called "Superfund" or "Superlien" law, or any other federal, state or local statute, Iaw, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any Hazardous Materials), regardless of whether or not caused by, or within the control of the Trustor; C. The Trustor has not received any notice. of: (i) the happening of any event involving the use, spillage, discharge or cleanup of any Hazardous Materials ("Hazardous Discharge") affecting the Trustor or the Property; or (ii) any complaint, order, citation or notice with regard to air emissions, water discharges, noise emissions or any other environmental, health or safety matter affecting the Trustor or the Property ("Environmental Complaint") from any person or entity, including, without limitation, the United States Environmental Protection Agency ("EPA"). If the Trustor receives any such notice after the date hereof, then the Trustor shall give, within seven (7) business days thereafter, oral and written notice of same to the Beneficiary; d. Without limitation of the Beneficiary's rights under this Deed of Trust, the Beneficiary shall have the right, but not the obligation, to enter onto the Property or to take such other actions as it deems necessary or advisable to clean up, remove, resolve or minimize the impact of, or otherwise deal with, any such Hazardous Materials or Hazardous Discharge upon its receipt of any notice from any person or entity, including without limitation, the EPA, asserting the existence of any Hazardous Materials or an Environmental Complaint on or pertaining to the Property which, if true, could result in an order, suit or other action against the Trustor affecting any part of the Property by any governmental agency or otherwise which, in the sole opinion of the Beneficiary, could jeopardize its security under this Deed of Trust. All reasonable costs and expenses incurred by the Beneficiary in the exercise of any such rights shall be secured by this Deed of Trust and shall be payable by the Trustor upon demand, together with interest thereon at a rate equal to the highest rate payable under applicable law; e. The foregoing representations, covenants, indemnities and warranties shall be continuing and shall be true and correct for the period from the date hereof to the date of the full release and reconveyance of this Deed of Trust (whether by payment of the indebtedness secured hereby or foreclosure or action in lieu thereof), and these representations, covenants, indemnities and warranties shall survive such release and reconveyance. All expenses (including reasonable attorneys' fees and costs and allowances) incurred in connection with an action to foreclose, or the exercise of any other remedy provided by this Deed of Trust, including the curing of any default or Event of Default, shall be the responsibility of the Trustor. "TRUSTOR": THE WAREHOUSE AT CREEKSIDE LLC, a California limite 1' bility company By: Wil lam R. Dalton, Mana ing tuber By: C , Todd W. Dalton, Managing Member I Us ACKNOWLEDGMENT State of California County of kvlpl�� On before me, —f j (insert name and title of the ❑ffi r) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-Fs/are subscribed to the within instrument and acknowledged to me that,hei6h /they executed the same in Wis her/their authorized capacity(ies), and that by laWher/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, UICKI L. PETERSEN 'n0�" CoMM.# 1733339IYE&SIOE comy � ul RSignature (Seal) a a�l>a. EXP. MAA- 22. 2or} Signature of Notary Public ACKNOWLEDGMENT State of California County of On before me, (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Signature of Notary Public 1 1087-0021\1214431 v l.doc Old: 1071129. 1 ; New: 1071129.2 STEWART TITLE -Riverside Recording Requested By and when recorded return to: Redevelopment Agency of the City of Temecula Post Office Box 9033 Temecula, California 92589-9033 Attention: City Clerk DOC # 2010-0223771 05/14/2010 08:00R Fee:NC Page 1 of 16 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder IIIIIII IIIIIII 11111111111111111111111111111111111 IT IN U I PAGE SIZE DA I MISC LONGT RFD COPY L A I L 465 1 426 PCOR NCOR SMF NCI•IG (EXANr T: CTY UNI F—✓ Exempt from recording fees pursuant to Government Code Section 27383 REGULATORY AGREEMENT 0�i 01* THIS REGULATORY AGREEMENT (this "Agreement"), is entered into as of May 12, 2010, by and between THE WAREHOUSE AT CREEKSIDE LLC, a California limited liability company (hereinafter "Owner"), and the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic (hereinafter the "Agency"). RECITALS A. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment ;Project No, 1-1988" (hereafter the "Plan") in accordance with the provisions of the Community Redevelopment Law. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinance Nos. 91-08, 91-11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. B. Agency desires to effectuate the provisions of the Housing Element of the General Plan of the City of Temecula by providing affordable housing set -aside funds of the Agency to expand the supply of housing affordable to moderate and lower income people. C. Owner owns that certain real property (the "Property") described on Exhibit "A", erence herein. Owner has developed a 32 unit apartment attached hereto and incorporated by ref project on the Property (the "Project") which includes nineteen (19) one -bedroom apartment units, twelve (12) two -bedroom townhame units and one (1) two -bedroom apartment unit (said 32 units being hereinafter referred to as the "Units"). D. The Agency requires that the Units be leased only to lower and moderate income households at an affordable rent. In order to help the Owner obtain and then repay the construction loan used to construct the Units, Agency has agreed to make Owner a conditional grant from the Agency's affordable housing set -aside funds in the amount of $6,000,000 Said document signed in counter parts 1I087-0026\1214432YI.doc Old: 1071 104.2; New: 1071104.3 (hereinafter the "Grant"), pursuant to that certain Owner Participation Agreement dated August 12, 2008, as amended by that certain First Amendment to Owner Participation Agreement dated February 24, 2009 and that certain First Amendment to Irrevocable Loan Commitment dated February 24, 2009, and that certain "Second Amendment to Owner Participation Agreement and Irrevocable Commitment" dated February 9, 2010 (the "OPA"). E. As an inducement to Agency to enter into the OPA and make the Grant, Owner has agreed to enter into this Agreement. NOW, THEREFORE, Agency and Owner mutually agree as follows: I. Terra. The terra of this Agreement (the "Term") shall commence on the date of recordation of this Agreement, and shall continue in full force and effect until the 55th anniversary of the date of recordation hereof in the Official Records of the Riverside County Recorder (the "Expiration Date"), 2. Nature of Covenants Reservations and Restrictions. (a) Owner hereby subjects the Property to the covenants, reservations and restrictions set forth in this Agreement for the Term, Each and every contract, deed or other instrument hereafter executed covering or conveying Owner's interest in the Property, or any portion thereof, including, without limitation, any ]eases, shall conclusively be held to have been executed, delivered and accepted subject to this Agreement and the covenants, reservations and restrictions set forth in this Agreement, regardless of whether such covenants, reservations and restrictions are set forth in such lease, assignment, contract, deed or other instruments. (b) Owner covenants by and for itself, its representatives, its successors and assigns and every successor in interest to the Property or any part thereof, that during construction of the improvements on the Property and thereafter Owner shall not use or permit the use of the Property in violation of the Redevelopment Plan, Owner further covenants and agrees to comply in all respects with the terms, provisions, and obligations of Owner set forth in the OPA. Owner further covenants and agrees that upon completion of the project described in the OPA for the .Property and as further described in the Scope of Development attached to the OPA, Owner shall maintain the Property and improvements thereon (including landscaping) (collectively, the "Project") in the manner of first class residential planned developments, as further described herein and in the OPA. 3. Use and Rental of the Pro ert . Owner covenants and agrees for itself, its successors, assignees, and every successor in interest that the Units shall be restricted as follows: (a) Units Restricted to Persons or Families of Moderate and Lower Income. The twelve (12) two -bedroom townhome units shall be rented exclusively to persons or families whose incomes do not exceed one hundred and ten percent (110%) of the area median income (adjusted for family size appropriate- for the Unit) i.e., moderate income persons or families), and only for use by such persons and families as their principal residence. The nineteen (19) one bedroom apartments and the one (1) two bedroom apartment shall be rented exclusively to persons or families where income do not exceed sixty percent (60%) of the area median income (adjusted for family size appropriate for the Unit) i.e., low income persons or 1 1087-002611214432v l .doc Old: 1071104.2; New: 1071104.3 families), and only for use by such persons and families as their principal residence. Owner shall not permit any transient or commercial use or subletting of the Units except as approved by Agency in writing. Only such persons and households shall be entitled to occupy the Units. (b) Maximum Rents. Owner shall rent the Units at a rent that does not exceed the "affordable rent" (as defined below) that may be charged under California Health & Safety Code Section 50053 (as amended from time to time). Subject to the foregoing limitations, Owner shall be entitled to increase rents one time per year to an amount equal to the maximum amount of "affordable rent" (including a reasonable allowance for utilities) that may be charged under California Health & Safety Code Section 50053 (as amended from time to time). Owner shall submit a request for an increase in rents to Agency for review and approval sixty (60) days prior to each yearly anniversary of the initial occupancy of any Unit in the Project and each year thereafter. (c) Definitions. W "Area median income" shall mean the area median income for Riverside County as published by the Department of Housing and Community Development pursuant to California Health and Safety Code Section 50093, or the most closely related successor thereto. (ii) "Affordable rent" means the rent determined under California Health & Safety Code Section 50053 based upon area median income (adjusted for family size appropriate for the Unit) for the Iow or moderate income person or household in question including a reasonable utility allowance, as such Section is amended from time to time. (iii) "Principal residence" means the principal dwelling place a Person or household uses as such person's or household's usual place of return and occupancy. If a person or household fails to reside in and return to such person's or household's unit for at least four (4) days per week for a period of at Ieast nine (9) months out of any twelve (12) month period, then it will be conclusively presumed that the Unit is not the principal residence of that person or household. The terms defined in this Subsection 3(c) are further defined in Title 25 of the California Code of Regulations Section 69I0, e1 5ep., as from time to time amended, and any successor regulations thereto. The terms and provisions of California Health and Safety Code Sections 50093 and 50053 and Title 25 of the California Code of Regulations Section 6910, et seq., as amended, and any successor statutes or regulations thereto, are incorporated herein b this reference, y 4. Ri hts of A enc Prior to the rental of any Unit, Owner shall obtain from the proposed tenant a completed income computation and certification form, in such form as may be approved by the Executive Director of the Agency, and shall verify the income of the proposed tenant. Owner shall verify the proposed tenant's income by standard and customary income verification procedures and practices used for determining eligibility for income qualifying housing. In addition to its rights under Section 9 below, Agency shall have the continuing right during the Term hereof to require from the Owner and the tenants' information 1 1087-0026\ 121443 2 v 1. d oc Old: 1071104.2; New: 1071104.3 and evidence necessary or convenient to verify that the restrictions, limitations and requirements Of Section 3 are being complied with and to establish and/or continue an affordable housing program at the Property. Covenants and Obligations. (a) Insurance. Owner covenants to keep all improvements from time to time existing on the Property insured against perils included within the general classifications as "fire," "extended coverage," "vandalism," "malicious mischief," and "special extended perils," and all such insurance shall be evidenced by a standard fire and extended coverage insurance policy or policies in an amount not less than the full replacement cost of the improvements (not including the costs of foundation concrete and excavation that would not have to be incurred upon replacement of the improvements). In addition, Owner shall maintain and have in full force and effect, during the term of this Agreement, a "Broad Form Commercial General Liability" insurance policy in a combined single limit of $3 million dollars. Such policies shall be endorsed with a standard mortgagee clause listing Agency as loss payee (in the case of the extended coverage -insurance) and an additional insured (in the case of the liability insurance). A copy of any insurance binders or certificates of insurance shall be provided to Agency in conjunction with the accounting described in Section 9(b) herein. Said policies shall provide that they cannot be canceled or terminated without thirty (30) days prior written notice to Agency. To the extent that the provision hereof are inconsistent with the insurance requirements of the Agency Documents, the provisions of the Agency Documents shall control. (b) Corn fiance with BuiIdin and Health and Safet Codes. Owner covenants that the Property shall be maintained in conformance with applicable health, building, and safety codes. Owner further covenants that any construction, renovation, repair or rehabilitation of the improvements shall be undertaken in compliance with all building codes of the City of Temecula applicable at the time of such construction, renovation, repair or rehabilitation. (c) ObIi ation to Refrain from Discrimination. Owner covenants that there shall be no discrimination against any person, or group of persons, on account of sex, sexual orientation, marital status, race, color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, or any part thereof, and Owner (or any person or entity claiming under or through Owner) covenants and agrees not to establish or permit any such practice or practices of discrimination with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants or sublessees of the Property or any part thereof. Owner also agrees to refrain from any form of discrimination as set forth above pertaining to deeds, leases or contracts. (d) Form of Nondiscrimination and No re ation Clauses. All deeds, leases or contracts entered into by Owner that relate to the site or any portion thereof shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: 0) In deeds: "The grantee herein covenants by and for and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group or persons on account of any basis listed in subdivision (a) or 1 1087-0026\ 1214432v l .doc Old: 1071 104.2; New: 1071104.3 A of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926, 1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land. Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code shall apply to said paragraph." 00 In leases: "The lessee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through him, and that this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of, any person or group or persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the leasing, subleasing, transferring, use, or enjoyment of the land herein leased nor shall the lessee himself, or any person claiming under or through hire, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein leased. Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9'of the California Government Code. With respect to familial status; nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, S1.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code shall apply to said paragraph." 610 In contracts: "There shall be no discrimination against or segregation of, any person or group or persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926. 1, subdivision (in) and paragraph (1) of subdivision (p) of Section I2955, and Section 12955.2 of the California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee himself or any person claiming under or through him, establish or permit any such practice or practices of l 1087-0026\1214432v 1.doc 5 Old: 1071104.2; New: 1071 104.3 discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land. !Notwithstanding the immediately preceding respect to familial status, said paragraph shall not be construed to apply o bou sing or older Pe as defined in Section 12955.9 of the California Government Cade. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, e, relating to housing for senio 51.10, 51.11, and 799.5 of the California Civil Codr citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions paragraph." (n), (o) and (p) of Section 12955 of the California Governme nt Code shall apply to said (e) Duration of Covenants and Obli ations. The covenants and obligations contained in Sections 3(a), 3(b) and 5(a) shall remain in effect until the expiration of the Term, and the covenants against discrimination provided for in subsections 5(b), 5(c) and 5(d) shall remain in effect in perpetuity. 6• Mana ernent of the Im rovements. (a) Manager. The Project shall at all times be managed by an experienced manager (the "Manager") reasonably acceptable to the Agency, with demonstrated ability to operate residential developments like the Project in a manner that will provide decent, safe, and sanitary housing. The Owner shall submit for the Agency's approval the identity of any Proposed Manager. The Owner shall also submit such additional informatio background, experience; and financial condition of any proposed n about the is reasonably Manager as necessary for the Agency to determine whether the proposed Manager meets the standard for a qualified Manager set forth above. If the proposed Manager meets the standard for a qualified Manager set forth above, the Agency shall approve the proposed Manager by notifying Owner in writing. (b) Performance Review. The Owner shall cooperate with the Agency in an annual review of management practices, in connection with which the Agency shall have the right to review and approve the annual operations and management budget; provided, however, that the Agency reserves the right to conduct reviews more frequently at its sole discretion. The Purpose of each annual review will be to enable the Agency to determine if the Improvements are being operated and managed in accordance with the requirements and standards of this Agreement. (c) Re [acement of Mana e:r. as a result of the annual review, the Agency determines in its reasonable judgment that the Improvements are not being operated and managed in accordance with any of the requirements and standards of this Agreement, the Agency shall deliver notice to the Owner of its intention to cause replacement of the Manager. Within fifteen (15) days of receipt by the Owner of such written notice, the Agency and the Owner shall meet in good faith to consider methods for improving the financial and operating status of the Project including, without limitation, replacement of the Manager, 1 1087-0026\1214432v l .doc Old: 1071104.2; New: 1071104.3 6 00 If, after such meeting, the Agency elects to proceed with the replacement of the Manager, the Agency shall so notify the Owner in writing within fifteen (15) days following the meeting. Thereupon, the Owner shall promptly dismiss the then Manager, and shall appoint as the Manager a person or entity meeting the standards for a Manager set forth in this section and approved by the Agency pursuant to this section. Agency shall have the right to disapprove the replacement Manager within thirty (30) days, and in such case Owner shall promptly dismiss the replacement Manager, and Agency may, at its option, appoint the Manager. (iii) Any contract for the operation or management of the Property entered into by the Owner shall provide that the contract can be terminated as set forth above. Nothing contained herein shall be construed as a limitation on any other provision herein entitling Agency to replace the Manager under any other circumstances. (d) The Owner agrees that the Project shall be preserved and maintained throughout the term hereof in good condition and repair so as to provide decent, safe, and sanitary housing, and in conformance with all applicable ordinances, statutes and regulations promulgated by any governmental entity having jurisdiction over the Project. (e) Annual dnspection. Subject to the rights of the occupants of the Units, Agency shall have the right to perform an annual on -site inspection of the units, common areas and grounds and to perform an annual tenant file review to ensure that Owner is managing the Project in accordance with the requirements of this Agreement. (f) Annual Bud et. Owner shall submit or shall cause its Property Manager to submit to the Agency's Executive Director on or before the completion of the Project, and each anniversary thereof, an annual budget for the ongoing operation of the project for approval by Agency, which will not be unreasonably withheld. At the Agency's request, delivered within thirty (30) days after receipt of the budget, each of Owner and the Agency shall cause its respective representative(s) to meet within thirty (30) days following the receipt of request to review the budget. Such review is without obligation to either party to propose or agree to any modification of permitted operating expenses. (g) Management of Property. Owner shall be completely responsible for the management, administration and operation of the Project including, but not limited to the hiring and discharge of employees, salaries and all other related Project expenses, maintenance and repairs, including capital expenditures, tine financial operations of the Project, the rental and re -rental of the apartment units in accordance with the occupancy requirements set forth in this Agreement and all operational, maintenance and management responsibilities of an owner in a typical multi -family residential housing project. (h) Reserves. The Owner will maintain operating and replacement reserves satisfactory to the Agency and will not withdraw funds from such reserves without the consent of the Agency, which will not be unreasonably withheld. management agency appointed by Owner for management ofevent the theProject o'ect fails to J perform the 11087-0026\1214432v1.doc Old: 1071104.2; New: 107.1 104.3 obligations imposed upon Owner by this Section 6, such failure shall constitute a default under Section 10 hereof, and if Owner shall fail to cure such default as provided in Section 10 hereof, then Agency shall have the right, in addition to any other remedies of Agency, to require Owner, upon thirty (30) days' prior written notice, to appoint a substitute management agency, reasonably acceptable to both Agency and Owner. 7. Indemnification. Owner shall defend, indemnify, assume all responsibility for and hold Agency, and its respective elected and appointed officers and employees, harmless from all costs (including attorneys' fees and costs), claims, demands, liabilities, and judgments for injury or damage to property and injuries to persons, including death, which may be related to the Property or caused by any of Owner's activities under this Agreement, whether such activities or performance thereof be by Owner or anyone directly or indirectly employed or contracted with by Owner and whether such damage shall accrue or be discovered before or after termination of this Agreement, This indemnity includes, but is not limited to, any repair, cleanup, remediation, detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous wastes including petroleum and its fractions as defined in the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"; 42 U.S.C. Section 9601, et sec .1, the Resource Conservation and Recovery Act ["RCRA"; 42 U.S.C. Section 6901 et seg.] and California Health and Safety Code Section Code Section 25280 et sLeq on the Property or at any place where Owner owns or has control of real property pursuant to any of Owner's activities under this Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of CERCLA and California Health and Safety Code Section 25364 to assure, protect, hold harmless and indemnify Agency from liability. This indemnity shall survive the termination of this Agreement for any reason. This indemnity shall not be construed in any way to be a limitation on Owner's indemnity obligations under the OPA. 8. Com liance. with Local State and Federal Laws. Owner shall carry out the provisions of this Agreement and own and operate the Project in conformity with all applicable local, state and federal laws and regulations including, without limitation, all regulations and conditions of funding with respect to Housing Set -Aside Funds under Health and Safety Code Section 33334.2 (as amended from time to time). 9. Accounting_to Agency. (a) The books and accounts of the Project shall be kept in conformity with generally accepted accounting practices. (b) Owner shall submit to Agency annually, on or before May I of each calendar year, a report setting forth the rental rate of all Units and the income and number of known occupants of all Units. The income information required by this Section shall be supplied by the tenants of the Units in a certified statement on a forth from time to time provided by Agency. ) Owner shall provide operations of the Projectshowing therent and periods of time each Unitstatements was rented. The fir st l 1087-0026N 1214432v l .doc Old: 1071104.2; New: 1071 104.3 accounting period for which such statements shall be provided shall end on the last day of the month in which all of the Units have been initially rented to the first occupants, the accounting shall be made to Agency within 30 days of such date, but need not be audited. Thereafter, annual audited financial statements shall be prepared annually for each calendar year, and such audited financial statements shall be delivered to the Agency by April 1 of the following calendar year. (d) Owner shall maintain a complete and accurate rent roll listing all Units, and the names of all tenants, the dates of their tenancies and the amounts of rents and security deposits charged and collected. (e) Agency, its agents and employees, shall have the right, after reasonable notice, to review and inspect, at reasonable times during business hours, the books, records and accounts of Owner specifically regarding the property, from and after the date of the recordation of this Agreement and until the expiration of this Agreement, (f) Owner shall retain all documents and records pertaining to the rents charged, income of tenants and all matters relating to Owner's obligations under Section 3 of this Agreement for a period of three (3) years and make shall them available to Agency on five (5) business days' prior notice, provided however that if the provisions of any federal or state law or regulation requires a longer period of retention, Owner shall comply with such period or retention. (g) Agency may conduct audits of the rents charged, income of tenants and all matters relating to Owner's obligations under this Agreement and within three (3) years - after the last day of the applicable period to which such records relate, and Owner shall cooperate with the Agency's auditors in conducting the audit. Such audits shall not occur more frequently than once each year. Agency shall pay for the costs of the audit unless the audit reveals that Owner did not materially comply with the provisions of this Agreement, in which case, Owner shall pay all costs of the audit. 10. Deed of Trust; Conditional Grant; Violation of Regulatory Agreement and/or Deed of Trust by Owner. (a) The Regulatory Agreement is secured by a Deed of Trust, Security Agreement and Fixture Filing (with Assignment of Rents) dated concurrently (or substantially concurrently) herewith executed by Owner, as trustor, in favor of Agency, as beneficiary. (b) Upon an Event of Default (as defined below) under this Agreement occurs, then Owner shall immediately repay the Grant to Agency. (c) The occurrence of a default Linder -that continues after any required notice is given by the Agency and any applicable cure period has expired, and Owner's failure to cure a default under this Agreement as permitted under Section 10(b) below, shall each constitute an "Event of Default" under this Agreement. (d) If a default under this Agreement occurs, Agency shall give written notice thereof to Owner by registered mail addressed to Owner at the address stated in this 11087-002611214432v 1,doc 9 Old: 1071104.2; New: 1071104.3 Agreement, or to such other address as may have been designated by Owner. If such violation is not cured within thirty (30) days after the date such notice is received, or if such violation is a non -monetary obligation that cannot reasonably be cured within such thirty (30) day period, then if Owner fails to commence to cure such violation within said thirty (30) day period or fails diligently to prosecute such cure to completion as soon as reasonably possible but, in not event, no later than three (3) calendar months after receipt of notice of such violation, then Agency may without farther notice, declare in writing a default under this Agreement effective on the date of such declaration of default. (e) Upon the occurrence of any Event of Default under this Agreement, Agency may apply to any court, State or Federal, for specific performance of this Agreement for an injunction against any violation by Owner of this Agreement or of the Agency Documents, and/or for the appointment of a receiver to take over and operate the Property in accordance with the terms of this Agreement or the Agency Documents, or for such other relief as may be appropriate, including without limitation damages, and the cost to Agency in enforcing the terms of this Agreement (including the reasonable time expended by Agency staff, consultants, auditors, attorneys and other personnel involved in such enforcement}. The remedies is Agency herein, or under any other instrument providing for or evidencing the financial assistance Provided herein, are cumulative, and the exercise of one or more of such remedies shall not be deemed an election of all remedies and shall not preclude the exercise by Agency of any one or more of its other remedies. (t) Agency shall provide by mail copies of any notice of any violation to all other lien holders who have delivered a request therefor to the Agency and have also recorded a Request for Special Notice in accordance with California Civil Code Section 2924e (as amended), at the address for notices most recently provided by Owner or such lien holders for such notices, and such parties shall have the same right to cure Owner's defaults hereunder on behalf of Owner. 11. General Provisions. (a) The covenants which have been established pursuant to this Agreement shall be deemed to be covenants running with the land for the benefit of the Project Area and Agency in carrying out its statutory responsibilities under California Redevelopment Act (Health and Safety Code Sections 33000 et sec .) to implement the Redevelopment Plan and to provide for the development of low and moderate income housing in the community. The covenants hereof shall be binding upon the Property and run for the benefit of the Project Area and Agency and its successors and assigns, and such covenants shall run in favor of Agency for the entire period during which such covenants shall be in force and effectregard to , without whether Agency is or remains an owner of any land or interest therein to which such covenants relate. Agency is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own rights and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. Only Agency and its successors in interest may enforce this Agreement; nothing herein is intended to create any third party beneficiaries to this Agreement, and no person or entity other than Agency or Owner, and the permitted successors and assigns of either of them, shall be authorized to 11087-002611214432v Ldoc 10 Old: 1071 104.2; New: 1071104.3 enforce the provisions of this Agreement. The tenants of the Property are not intended to be third party beneficiaries hereunder. (b) This Agreement and the covenants reservations, restrictions and agreements contained herein shall be a burden upon the Property and shall bind Owner, its successors and assigns with respect to the Property. Owner may not assign any of the benefits of this Agreement, or delegate any of Owner's obligations hereunder, voluntarily or by operation of law, without the prior written approval of Agency. (c) Agency and its successors and assigns, and Owner and its successors and assigns, shall have the right to consent and agree to changes in, or to eliminate in whole or in part, any of the covenants, reservations and restrictions contained in this Agreement. (d) This Agreement (and the OPA and Deed of Trust) represent the entire agreement of the parties hereto with respect to the subject matter hereof and may not be altered or amended except by writing executed between the parties to be charged. (e) In any action between the parties to interpret, enforce, reform, modify, rescind, or otherwise in connection with any of the terms or provisions of this Agreement, the Prevailing party in the action shall be entitled, in addition to any other relief to which it may be entitled, reasonable costs and expenses including, without limitation, litigation costs and reasonable attorneys' fees. M If any term, covenant, condition or provision of this Agreement, or the application thereof to any circumstance, shall, at any time or to any extent, be determined by a court of competent jurisdiction to be invalid or unenforceable, then the remainder of this Agreement, or the application thereof to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant, condition and provision of this Agreement, shall be valid and enforceable, to the fullest extent permitted by law. The use of the plural the singular shall include)the plural, and the l use of one n this Aggender shall reement hbeldeemed to incIude all include the singuiand genders. (h) Time is of the essence hereof. (i) No waiver by Agency of any breach of or default under this Agreement shall be deemed to be a waiver of any other or subsequent breach thereof or default hereunder. 0) This Agreement and all related documents shall be deemed to be contracts made and delivered in the State of California and shall be governed and construed and interpreted in accordance with convenience only and shall not influence any construction or interpretation, the laws of said State. Headings and titles herein are for 1 1087-0026\1214432v I .doc 1 1 Old: 1071104.2; New: 1071104.3 (k) Any notice required to be given hereunder shall be given by certified or registered mail, postage prepaid, return receipt requested, at the addresses specified below, or at such other addresses as may be specified in writing by the parties hereto as follows. - If to Agency: Redevelopment Agency of the City of Temecula 43200 Business Park Drive Temecula, California 92589-9033 Attn.: Executive Director Tel.: (909) 694-6444 Fax: (909) 694-1999 With a copy to: Richards, Watson & Gershon 355 South Grand Ave., 40`h Floor Los Angeles, California 90071 Attn.: Peter Thorson Tel.: (213) 626-8484 Fax: (213) 626-0078 If to Owner, to: The Warehouse at Creekside LLC 41911 5th Street, Suite 302 Temecula, CA 92590 Attn: William Dalton (1) This Agreement may be simultaneously executed in multiple counterparts, all of which shall constitute one and the same instrument, and each of which shale, be deemed to be an original. l 1087-002611214432v l.doc 12 Old: 1071104.2; New: 1071104.3 IN WITNESS WHEREOF, the parties hereto have entered into this Regulatory Agreement as of the day and year first above written. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic Attest: Mike Naggar, Chai Susan W_Anes Secretary Approved as t Form: RICHARD , WATSON & GERSHON, a profess' nal corporation n. Peter Thorson, Agency Counsel 11087-0026\1214432vl.doc 13 Old: 1071 104.2; New: 1071104.3 THE WAREHOUSE AT CREEKSIDE LLC, a California limited is 'lity company By; William R. Dalton, Managing Member B y; odd W.. Dalton, Managing Member S-, 5 f, j Co L-k ^ -Cr P --F ACKNOWLEDGMENT State of California County of On I �z.�P before me, �1 _i r r '� t. (insert name and title -of the officer) personally appeared t t _ 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*efsle/they executed the same in Ws/faeritheir authorized capacity(ies), and that by his� r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature —/�Signature of Notary Public State of California County of On personally appeared before me, _ MKI L. PETERSEN (Seal) COMA.# 1733339 r� V1 '® °NOTARY PUBLIC • CAUFORHM Vi RivERmE CouRry Mr COW UP. MAR. 22. = ACKNOWLEDGMENT (insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _ (Seal) Signature of Notary Public 1 1087-002611214432v 1.doc 14 Old: 1071104.2; New; 1071104.3 EXHIBIT "A" LEGAL DESCRIPTION The land referred to herein is situated in the State of California County of Riverside, City of Temecula, and described as follows: Parcel(s) 1 of Parcel Map No. 36055, as shown by map on file in Book 230 Page(s) 52-54, inclusive, of Parcel Maps, Records of Riverside County, California, Item No. 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: October 26, 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 OCTOBER 12, 2021 - 7:00 PM CLOSED SESSION - 6:00 PM CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION. The City Council convened in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(2) with respect to one matter of potential litigation. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City. The City and the owner of the Warehouse at Creekside, Keith Shibou, are involved in a dispute concerning their respective interpretations of the loan documents and the regulatory agreement for the Project that might result in litigation. See Keith Shibou's letter to the City Council of September 23, 2021. CALL TO ORDER at 7:00 PM: Mayor Maryann Edwards INVOCATION: Aaron Adams, City Manager FLAG SALUTE: Mayor Maryann Edwards ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart PRESENTATIONS Proclamation for Toastmasters Month Proclamation for Domestic Violence Month Proclamation for National Cybersecurity Awareness Month Proclamation for National Manufacturing Month Certificate of Recognition for Bob Sher, Retiring Southwest Manufacturing Council Member BOARD / COMMISSION REPORTS Community Services Commission, Old Town Local Review Board and Planning Commission PUBLIC SAFETY REPORT California Department of Forestry and Fire Protection PUBLIC COMMENTS - NON -AGENDA ITEMS The following individual(s) addressed the City Council on non -agenda item(s): • Bob Kowell • Jim McLaughlin • Slim Killens • Bob Quaid • Eileen Avagian The following individual(s) submitted an electronic comment non -agenda item(s): • Dana Kizlaitis PUBLIC COMMENTS - AGENDA ITEMS The following individual(s) addressed the City Council on agenda item(s): • Jessica Christopher (Item #4 and #9) • Laurel Lamont (Item #9) The following individual(s) submitted an electronic comment on agenda item(s): • Offices of Miller, Catlin, Rivera (Item #7) CITY COUNCIL REPORTS CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion Schwank, 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 September 28, 2021 Recommendation: That the City Council approve the action minutes of September 28, 2021. 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2021-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4. Adopt Ordinance 2021-04 Amending Temecula Municipal Code Section 2.04.030 to Prohibit Conduct at City Council and Other Public Meetings that Actually Disrupts, Disturbs or Otherwise Impedes the Orderly Conduct of Meetings (Second Reading) Recommendation: That the City Council adopt an ordinance entitled: ORDINANCE NO.2021-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.04.030 OF THE TEMECULA 2 MUNICIPAL CODE TO PROHIBIT CONDUCT AT CITY COUNCIL AND OTHER PUBLIC MEETINGS THAT ACTUALLY DISRUPTS, DISTURBS OR OTHERWISE IMPEDES THE ORDERLY CONDUCT OF MEETINGS Approved the Staff Recommendation (4-1): Motion Schwank, Second by Rahn. The vote reflected unanimous approval with Alexander opposing. 5. Authorize a City ponsorship to Support the Horsewomen of Temecula Wine Country and Temecula Valley Horsemen's Association at the January 1, 2022 Pasadena Tournament of Roses Rose Parade) (At the Request of Subcommittee Members Mayor Edwards and Council Member Stewart Recommendation: That the City Council: 1. Authorize the City Manager to provide a City Sponsorship that supports the Horsewomen of Temecula Wine Country and Temecula Valley Horsemen's Association in the amount of $10,000 for expenses associated with the January 1, 2022 Pasadena Tournament of Roses (Rose Parade); and 2. Appropriate $10,000 from the undesignated General Fund balance to the Economic Development line -item account within the Economic Development Department Budget. 6. Amend the Capital Improvement Program (CIP) for Fiscal Years 2022-26 to Add the Traffic Signal - Promenade Mall Ring Road Project and Approve the Appropriation of Measure "S" Fnnrlc Recommendation: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 2021-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO AMEND THE CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET FOR FISCAL YEARS 2022-26 TO ADD THE TRAFFIC SIGNAL - PROMENADE MALL RING ROAD PROJECT AND APPROVE THE APPROPRIATION OF MEASURE "S" FUNDS 2. Approve the appropriation of $300,000 from Measure "S". 7. Approve Tract Map 37509 (Located at the Southwest Corner of Date Street and Ynez Road) Recommendation: That the City Council: 3 1. Approve Tract Map 37509 in conformance with the Conditions of Approval; and 2. Approve the Subdivision Improvement and Monumentation Agreements with the Developer; and 3. Authorize the City Manager to execute the agreements on behalf of the City. RECESS: At 8:23 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 8:26 PM the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 9. Adopt a Resolution to Approve the 2021-2029 Housing Element Update (6th Cycle) and an Update to the Public Safety Element (Long Range Planning Project Number LR18-1620) Recommendation: That the City Council conduct a public hearing and adopt a resolution entitled: RESOLUTION NO. 2021-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE 2021-2029 HOUSING ELEMENT AND UPDATES TO THE PUBLIC SAFETY ELEMENT OF THE GENERAL PLAN (LONG RANGE PLANNING PROJECT NO. LR18-1620) AND APPROVING ENVIRONMENTAL IMPACT REPORT ADDENDUM NO. 2021-01 TO THE GENERAL PLAN Approved the Staff Recommendation (5-0): Motion Schwank, Second by Stewart. The vote reflected unanimous approval. DEPARTMENTAL REPORTS (Receive and File) 10. City Council Travel/Conference Report CITY MANAGER REPORT CITY ATTORNEY REPORT The City Attorney stated there was no reportable actions from closed session. ITEMS FOR FUTURE CITY COUNCIL AGENDAS 4 ADJOURNMENT At 9:34 PM, the City Council meeting was formally adjourned to Tuesday, October 26, 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: October 26, 2021 SUBJECT: Approve List of Demands PREPARED BY: Jada Shafe, Senior Accounting Technician 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 $4,258,954.25. 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 26th day of October, 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 26th day of October, 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 09/30/2021 TOTAL CHECK RUN: 10/07/2021 TOTALCHECKRUN: 09/30/2021 TOTAL PAYROLL RUN: $ 1,153,855.78 2,589,070.43 516,028.04 TOTAL LIST OF DEMANDS FOR 10/26/2021 COUNCIL MEETING: $ 4,258,954.25 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 1,751,911.78 140 COMMUNITY DEV BLOCK GRANT 12,006.16 165 RDA DEV- LOW/MOD SET ASIDE 4,036.17 190 COMMUNITY SERVICES DISTRICT 388,902.70 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 856.11 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 3,864.99 197 TEMECULA LIBRARY FUND 13,988.54 210 CAPITAL IMPROVEMENT PROJ FUND 652,831.63 300 INSURANCE FUND 24,698.24 305 WORKERS' COMPENSATION 5,339.79 320 INFORMATION TECHNOLOGY 146,722.87 330 SUPPORT SERVICES 8,584.49 340 FACILITIES 36,543.28 395 2011 FINANCING LEASE 2001 & 2008 COPS 520,385.40 396 2018 FINANCING LEASE MRC 138,952.18 472 CFD 01-2 HARVESTONA&B DEBT SERVICE 19.37 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 19.37 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 58.05 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 19.37 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 58.15 478 CFD 16-01 RORIPAUGH PHASE II 38.76 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 814.44 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 692.45 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLAND 63.38 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 86.35 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 1,492.31 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 469.45 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 607.82 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 3,857.67 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 104.32 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 340.35 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 83.42 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 3,263.81 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP 95.63 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 655.40 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 14.28 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 311.95 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 74.22 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 1,516.61 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 370.17 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 4,987.78 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 2,213.61 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 180.00 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 15.05 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 420.97 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 1,051.54 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 73.23 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 563.66 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 8,592.77 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 76.17 $ 3,742,926.21 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 305,883.49 140 COMMUNITY DEV BLOCK GRANT 421.18 165 AFFORDABLE HOUSING 3,533.41 190 TEMECULA COMMUNITY SERVICES DISTRICT 148,202.29 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,176.02 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 543.77 197 TEMECULA LIBRARY FUND 3,046.44 300 INSURANCE FUND 1,750.57 305 WORKERS' COMPENSATION 1,781.11 320 INFORMATION TECHNOLOGY 35,066.66 330 SUPPORT SERVICES 4,403.79 340 FACILITIES 7,686.31 472 CFD 01-2 HARVESTONA&B DEBT SERVICE 29.34 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 29.34 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 88.02 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 29.34 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 88.01 478 CFD 16-01 RORIPAUGH PHASE II 58.67 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 0.05 502 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 0.05 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 271.49 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 0.05 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 0.57 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 0.05 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 135.72 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 13.60 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 0.05 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 0.05 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 13.60 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 0.05 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 81.44 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 114.01 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 271.56 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 515.83 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 0.05 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 1.16 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 217.20 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 27.13 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 0.05 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 0.57 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 542.94 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 0.16 TOTAL BY FUND: 516,028.04 $ 4,258,954.25 apChkLst Final Check List Page: 1 09/28/2021 2:28:27PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor Description 501122 9/30/2021 016450 AIR EXCHANGE INC PLYMOVENT REPAIR: FIRE STA 73 501123 9/30/2021 022546 AIRWAVE COMMUNICATIONS, FCC LICENSE RENEWAL: INFO TECH ENTERPRISES 501124 9/30/2021 021670 ANLIND OF TEMECULA INC, VEH REPAIR/MAINT: TRAFFIC: POLICE TEMECULA HARLEY-DAVIDSON VEH REPAIR/MAINT: TRAFFIC: POLICE VEH REPAIR/MAINT: TRAFFIC: POLICE VEH REPAIR/MAINT: TRAFFIC: POLICE VEH REPAIR/MAINT: TRAFFIC: POLICE VEH REPAIR/MAINT: TRAFFIC: POLICE VEH REPAIR/MAINT: TRAFFIC: POLICE VEH REPAIR/MAINT: TRAFFIC: POLICE 501125 9/30/2021 021400 AYERS ELECTRIC INC ELECTRICAL REPAIR: FIRE STA 95 ELECTRICAL REPAIR: FIRE STA 95 ELECTRICAL REPAIR: FIRE STA 73 501126 9/30/2021 011666 BPS TACTICAL INC TACTICAL BALLISTIC VEST COVERS: TEM SHER 501127 9/30/2021 004248 CALIF DEPT OF AUG BLOOD & ALCOHOL ANALYSIS: JUSTICE-ACCTING PD 501128 9/30/2021 021349 CASA CENTER AGAINST SART EXAMS: TEM SHERIFF SEXUAL, ASSAULT OF SW RIV CO SART EXAMS: TEM SHERIFF 501129 9/30/2021 000442 COMPUTER ALERT SYSTEMS JUL-SEPALARM SYS MONITORING: VARI FAC ALARM SVC CALLS: CRC ALARM SVC CALLS: TCC ALARM SVC CALLS: TPL ALARM SVC CALLS: CIVIC CTR MISC ALARM SVC: CIVIC CTR 501130 9/30/2021 017542 COX, KRISTI LYN TCSD INSTRUCTOR EARNINGS 501131 9/30/2021 010650 CRAFTSMEN PLUMBING & PLUMBING REPAIR: FIRE STA 84 HVAC INC 501132 9/30/2021 020436 CRONBERG, RICHARD N TCSD INSTRUCTOR EARNINGS 501133 9/30/2021 020648 DG INVESTMENT HOLDINGS 2 CITYWIDE SURVEILLANCE: INFO TECH INC, CONVERGINT TECHNOLOGIES Amount Paid Check Total 797.67 797.67 225.00 225.00 1,620.93 1,531.36 826.83 608.11 270.91 149.00 114.51 74.19 5,195.84 1,100.00 800.00 800.00 2,700.00 651.89 651.89 280.00 280.00 1,200.00 800.00 2,000.00 6,765.00 602.00 306.81 160.00 153.95 80.00 8,067.76 200.00 200.00 325.00 325.00 84.00 84.00 2,694.00 2,694.00 Page:1 apChkLst 09/28/2021 2:28:27PM Final Check List CITY OF TEMECULA Page: 2 Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 501134 9/30/2021 003945 DIAMOND ENVIRONMENTAL PORTABLE RESTROOM: VAIL RANCH 165.88 SRVCS PARK PORTABLE RESTROOM & SINK RENTAL: 114.21 PORTABLE RESTROOM: LA SERENA WA 110.88 PORTABLE RESTROOM: RIVERTON PAR 110.88 PORTABLE RESTROOM: LONG CANYON 110.88 612.73 501135 9/30/2021 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: PARK 1,465.39 MAINT: PW FUEL FOR CITY VEHICLES: STREET MAI 1,041.94 FUEL FOR CITY VEHICLES: TCSD 583.65 FUEL FOR CITY VEHICLES: TRAFFIC DIV 354.87 FUEL FOR CITY VEHICLES: CIP: PW 262.62 FUEL FOR CITY VEHICLES: LAND DEV: F 240.69 FUEL FOR CITY VEHICLES: BLDG INSPE 234.65 FUEL FOR CITY VEHICLES: EOC 76.92 FUEL FOR CITY VEHICLES: POLICE DEP 20.70 FUEL FOR CITY VEHICLES: BLDG INSPE 202.92 FUEL FOR CITY VEHICLES: FIRE DEPT 202.24 4,686.59 501136 9/30/2021 010804 FEHRAND PEERS TRANSP 9,324.00 9,324.00 DISCOVERY/BENCHMARKING: PLAN 501137 9/30/2021 020921 FLETCHER, COURTNEY REIMB: WELLNESS WEEK 151.90 151.90 501138 9/30/2021 013076 GAUDETYVONNE M, DBA YES TCSD INSTRUCTOR EARNINGS 546.00 546.00 YOU CAN DRAW 501139 9/30/2021 021814 GIROUARD ERICK JOSEPH, NEWSPAPER SUBSCRIPTION: MPSC: 125.00 125.00 DBA E&G DISTRIBUTION LLC TCSD 501140 9/30/2021 000177 GLENNIES OFFICE PRODUCTS MISC OFC SUPPLIES: MEDIC: FIRE 231.47 INC DEPT OFC SUPPLIES: MEDIC: FIRE DEPT 218.09 MISC OFC SUPPLIES: STREET MAINT: P1 36.19 485.75 501141 9/30/2021 004890 GOLDEN STATE FIRE FIRE SPIRNKLER: FIRE STA92 1,984.00 PROTECTION FIRE SYSTEM REPAIRS: IWTCM 895.00 SPRINKLER MAINT: LIBRARY 753.00 3,632.00 501142 9/30/2021 020628 HASA INC POOL SANITIZING CHEMICALS: 678.18 678.18 VARIOUS POOLS 501143 9/30/2021 022530 HINER, DOUGLAS, DOUGLAS ADULT SOFTBALL OFFICIATING SVCS: 3,150.00 3,150.00 HINER UMPIRING SPORTS 501144 9/30/2021 020673 INTEGRITY SUPPORT PRE -EMPLOYMENT SCREENINGS - HR 146.06 146.06 SERVICES INC, EMPLOYMENT SCREENING RESO Paget apChkLst Final Check List Page: 3 09/28/2021 2:28:27PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description 501145 9/30/2021 019823 MERCHANTS BLDG MAINT LLC AUG JANITORIAL SVCS: VARI CITY FACS ENHANCED CLEANING: CIVIC CTR ENHANCED CLEANING: FOC 501146 9/30/2021 020907 MICHELLE MEDINA, DBA TCSD INSTRUCTOR EARNINGS MICHELLE Q MEDINA 501147 9/30/2021 004951 MIKE'S PRECISION WELDING ON -CALL WELDING: PARKS: PW INC GATE REPAIR: LIBRARY METAL LOCK REPAIR: CIVIC CTR 501148 9/30/2021 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: PARKS: PW INC 501149 9/30/2021 004040 MORAMARCO ANTHONY J, TCSD INSTRUCTOR EARNINGS DBA BIGFOOT GRAPHICS 501150 9/30/2021 020946 MUSSON THEATRICAL INC SOUND/LIGHTING SUPPLIES: THEATER 501151 9/30/2021 022599 NIEVES LANDSCAPE INC TURF REPLACEMENT: WINCHESTER CRK INSTALL CALSENSE PANELS: WOLF CRE IRRIGATION REPAIRS: MEDIANS IRRIGATION REPAIRS: MEDIANS IRRIGATION REPAIRS: MEDIANS IRRIGATION REPAIR: HARVESTON DR IRRIGATION REPAIR: HARVESTON LAKE 501152 9/30/2021 014173 NPG INC DBA, GOLDSTAR ASPHALT REPAIRS: PAUBA RD EBA ASPHALT PRODUCTS ELINDA 501153 9/30/2021 020429 REMOTE SATELLITE SYSTEMS AUG '21 SAT PH AIRTIME/OCT FEE: INTL EOC 501154 9/30/2021 021603 RENTALS BY PREMIER INC, TABLES/CHAIRS RENTAL: EE PREMIER PARTY & TENT RENT LUNCHEON 9/9 TABLES/CHAIRS/TENT RENTALS: 9/11 E% TENT RENTAL: EE LUNCHEON 9/9 Amount Paid Check Total 23,705.78 310.00 310.00 24,325.78 2,058.00 2,058.00 1,875.00 880.00 95.00 2,850.00 5,905.13 5,905.13 598.50 598.50 147.65 147.65 40,260.00 8,240.00 412.68 339.87 239.43 180.85 166.04 49,838.87 28,765.00 28,765.00 280.00 280.00 969.50 561.75 170.00 1.701.25 Page:3 apChkLst Final Check List Page: 4 09/28/2021 2:28:27PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 501155 9/30/2021 002412 RICHARDS WATSON AND GERSHON 501156 9/30/2021 009213 SHERRY BERRY MUSIC 501157 9/30/2021 013482 SILVERMAN ENTERPRISES INC, DBA BAS SECURITY 501158 9/30/2021 000645 SMART AND FINAL INC 501159 9/30/2021 009452 STRAWN, WILLIAM 501160 9/30/2021 003849 TERRYBERRY COMPANY (Continued) Description Amount Paid Check Total AUGUST 2021 LEGAL SERVICES 3,132.00 AUGUST 2021 LEGAL SERVICES 820.00 AUGUST 2021 LEGAL SERVICES 651.50 AUGUST 2021 LEGAL SERVICES 476.00 AUGUST 2021 LEGAL SERVICES 234.00 AUGUST 2021 LEGAL SERVICES 224.00 AUGUST 2021 LEGAL SERVICES 7,250.00 AUGUST 2021 LEGAL SERVICES 6,037.50 AUGUST 2021 LEGAL SERVICES 4,466.00 AUGUST 2021 LEGAL SERVICES 4,207.00 AUGUST 2021 LEGAL SERVICES 3,979.50 AUGUST 2021 LEGAL SERVICES 174.00 AUGUST 2021 LEGAL SERVICES 112.50 AUGUST 2021 LEGAL SERVICES 84.00 AUGUST 2021 LEGAL SERVICES 78.00 AUGUST 2021 LEGAL SERVICES 28,235.39 AUGUST 2021 LEGAL SERVICES 10,845.36 71,006.75 JAZZ @ THE MERC 9/16 535.00 535.00 O8/26-9/6 AFTER HRS SECURITY: 4,484.00 PUMP TRACK SECURITY: FIRE ALARM RESPONSE 1,056.00 9/18-9/19 SECURITY SRVCS: COLOR RU 377.85 09/16 SECURITY: SKATE PARK 140.00 6,057.85 MISC SUPPLIES: SFSP/HUMAN 173.12 173.12 SERVICES REIMB:SUPPLIES FOR COMMUNITY 130.48 130.48 THEATER SERVICE AWARDS: HR 130.35 SERVICE AWARDS: HR 51.15 181.50 Grand total for EFT UNION BANK: 241,314.25 Page:4 apChkLst Final Check List Page: 5 09/28/2021 2:28:27PM CITY OF TEMECULA 39 checks in this report. Grand Total All Checks: 241,314.25 Page:5 apChkLst 09/30/2021 3:41:02PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK Check # Date Vendor Description Amount Paid Check Total 11786 9/24/2021 000246 PERS (EMPLOYEES' SPECIAL COMPENSATION PAYMENT 118,939.93 118,939.93 RETIREMENT) 11905 9/29/2021 000246 PERS (EMPLOYEES' SPECIAL COMPENSATION PAYMENT 118,804.27 118,804.27 RETIREMENT) 11925 9/24/2021 000262 RANCHO CALIF WATER VARIOUS AUG WATER 3026656 31367 24,368.76 24,368.76 DISTRICT LA 11931 9/22/2021 000537 SO CALIF EDISON AUG 700246548782 26953 YNEZ RD 116.14 116.14 11932 9/22/2021 000537 SO CALIF EDISON AUG 700475634086 26036 YNEZ RD 409.40 409.40 11933 9/22/2021 000537 SO CALIF EDISON AUG 700052349631 42081 MAIN ST 2,651.89 2,651.89 11934 9/22/2021 000537 SO CALIF EDISON AUG 700408183926 40233 VILLAGE RD 2,725.66 2,725.66 11935 9/22/2021 001212 SO CALIF GAS COMPANY AUG 055-475-6169-5 32380 DEER 34.96 34.96 HOLLOW WAY 11936 9/22/2021 001212 SO CALIF GAS COMPANY AUG 015-575-0195-2 32211 WOLF 97.03 97.03 VALLEY RD 11937 9/23/2021 018858 FRONTIER CALIFORNIA INC SEPT INTERNET SERVICES - EXT DMV 100.98 100.98 LINE 11938 9/23/2021 018858 FRONTIER CALIFORNIA INC SEPT INTERNET SERVICES - 130.98 130.98 CHILDRENS 11939 9/27/2021 000537 SO CALIF EDISON SEPT 700252118808 29721 RYECREST 15.67 15.67 11940 9/27/2021 000537 SO CALIF EDISON SEPT 700606072010 46679 PRIMROSE 560.57 560.57 AVE 11942 9/28/2021 000537 SO CALIF EDISON SEPT 700066386743 32805 PAUBA RD 88.68 88.68 11943 9/27/2021 010276 TIME WARNER CABLE SEPTEMBER INTERNET SVCS 41000 49.77 49.77 MAIN ST 11944 9/27/2021 010276 TIME WARNER CABLE SEPTEMBER INTERNET SVCS 30875 598.64 598.64 RANCHO Page:1 apChkLst Final Check List Page: 2 09/30/2021 3:41:02PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 11945 9/27/2021 010276 TIME WARNER CABLE SEPTEMBER INTERNET SVCS 42569 MARGARITA 11946 9/28/2021 010276 TIME WARNER CABLE SEPTEMBER INTERNET SVCS 32380 DEER 11947 9/27/2021 002390 EASTERN MUNICIPAL WATER AUGUST WATER SVCS MURRIETA HOT DIST SPRINGS 11948 9/27/2021 002390 EASTERN MUNICIPAL WATER AUGUST WATER SVCS MURRIETA HOT DIST SPRINGS 11949 9/27/2021 002390 EASTERN MUNICIPAL WATER AUGUST WATER SVCS 39569 DIST SERAPH INA RD 11950 9/30/2021 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT SUPPORT 11951 9/30/2021 021301 I C M A RETIREMENT -PLAN ICMA- 401(A) RETIREMENT PLAN 106474 PAYMENT 11952 9/30/2021 000194 I C M A RETIREMENT -PLAN ICMA-RC RETIREMENT TRUST 457 303355 PAYMENT 11953 9/30/2021 000444 INSTATAX (EDD) STATE TAX PAYMENT 11954 9/30/2021 000283 INSTATAX (IRS) FEDERAL TAX PAYMENT 11955 9/30/2021 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT SOLUTION 11956 9/30/2021 019088 NATIONWIDE RETIREMENT NATIONWIDE LOAN REPAYMENT SOLUTION PAYMENT 11957 9/30/2021 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT SOLUTION PAYMENT 206935 9/24/2021 019170 PROFESSIONAL WOMEN 10/1/21-9/30/22 MEMBERSHIP DUES TOASTMASTER 206936 9/30/2021 020724 79 FIELD HOCKEY INC TCSD INSTRUCTOR EARNINGS 206937 9/30/2021 001517 AETNA BEHAVIORAL HEALTH SEP EMPLOYEE ASSISTANCE PRGM: LLC, DBA AETNA RESOURCES HR Amount Paid Check Total 598.64 598.64 601.99 601.99 67.11 67.11 430.68 430.68 548.85 548.85 576.86 576.86 1,134.62 1,134.62 14,824.45 14,824.45 26,117.85 26,117.85 85,783.86 85,783.86 12,150.00 12,150.00 344.39 344.39 3,230.04 3,230.04 108.00 108.00 1,050.00 1,050.00 1,452.00 1,452.00 Paget apChkLst Final Check List Page: 3 09/30/2021 3:41:02PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 206938 9/30/2021 007282 AMAZON CAPITAL SERVICES MISC SUPPLIES: AQUATICS: TCSD INC REC SUPPLIES: CRC: TCSD MISC BOOKS: RHRTPL: TCSD OFC SUPPLIES: THEATER: TCSD MISC SUPPLIES: HUMAN SVCS: TCSD MISC EQUIP: PREVENTION: FIRE DEPT Conference Tablecloths: Planning MISC OFC SUPPLIES: CITY CLERK REC SUPPLIES: CRC: TCSD MISC OFC SUPPLIES: HR MISC BOOKS: RHRTPL: TCSD REC SUPPLIES: CRC: TCSD Misc Small Tools/Equipment: HR Misc Small Tools/Equipment: HR MISC EQUIP: BC/CHIEF: FIRE DEPT MISC SUPPLIES: HUMAN SVCS: TCSD 206939 9/30/2021 003810 AMERICAN ASSOC OF MEMBERSHIP: FRICK, TRACY MUSEUM DBA 206940 9/30/2021 021430 APPLE, TIMOTHY RYAN ART OFF THE WALLS: MUSICIAN: TCSD 206941 9/30/2021 012951 APPLIED DEVELOPMENT LR21-0021 Quality of Life Master Plan ECONOMICS 206942 9/30/2021 021689 ASCENT ENVIRONMENTAL INC INITIAL STUDY: RENDEZVOUS PHASE 11 206943 9/30/2021 011954 BAKER AND TAYLOR INC BOOK COLLECTIONS: LIBRARY 206944 9/30/2021 004262 BIO TOX LABORATORIES PHLEBOTOMY SVCS: TEM SHERIFF PHLEBOTOMY SVCS: TEM SHERIFF PHLEBOTOMY SVCS: TEM SHERIFF 206945 9/30/2021 011348 BONCOR WATER SYSTEMS OCT WTR TANK FILTER REPL: STA 73 LLC, DBA SUNSHINE WATER SOFT 206946 9/30/2021 001267 CALIF DEPT OF MOTOR REGIST: 4PZ8847 TRAILER: FIRE DEPT VEHICLES 206947 9/30/2021 021851 CALIF NEWSPAPERS AUG PUBLIC NTCADS: PLANNING PARTNERSHIP, DBA SO CALIF NEWS GROUP Amount Paid Check Total 565.46 533.28 463.50 342.55 317.94 226.92 208.68 180.41 151.39 72.64 15.65 11.95 -5.58 -23.73 -98.91 -128.10 2,834.05 165.00 165.00 300.00 300.00 5,842.62 5,842.62 1,137.50 1,137.50 41.31 41.31 589.00 567.00 3,059.00 4,215.00 293.50 293.50 10.00 10.00 2,091.00 2,091.00 Page:3 apChkLst 09/30/2021 3:41:02PM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 206948 9/30/2021 004971 CANON FINANCIAL SERVICES SEP COPIER LEASE - CIVIC CTR 671.56 671.56 INC 206949 9/30/2021 018828 CASC ENGINEERING AND, ENG SVCS: WQMP REVIEW: LAND 1,067.00 CONSULTING INC DEV: PW ADD'L ENG SVCS: SOMMER'S BEND 598.00 1,665.00 206950 9/30/2021 022687 COLLINS, NICOLE REIMB: RFRSHMNTS & OFC SUPPLIES: 135.51 135.51 HR 206951 9/30/2021 001264 COSTCO TEMECULA 491 MISC SUPPLIES: TCC: FIRE 1,000.10 HOSPITALITY & OFC SUPPLIES: THEATE 460.95 HOSPITALITY & OFC SUPPLIES: THEATE 345.05 MISC SUPPLIES: PREVENTION: FIRE DE 258.13 CRIME PREVENTION SUPPLIES: TEM SF 162.30 MISC SUPPLIES: TCC: FIRE DEPT 87.76 2,314.29 206952 9/30/2021 004329 COSTCO TEMECULA 491 MISC SUPPLIES: SFSP: HUMAN SVCS: 519.09 519.09 TCSD 206953 9/30/2021 011870 CRIME SCENE STERI CLEAN BIO-HAZARD CLEAN UP: TEM SHERIFF 850.00 850.00 LLC 206954 9/30/2021 017456 CRST SPECIALIZED SHIPPING: EXHIBIT: TVM 773.01 773.01 206955 9/30/2021 003633 FOOTHILL EASTERN TOLL ROADS USAGE: FIRE 21.62 21.62 TRANSPORTN., CORRIDOR AGNCY (TOLL RIDS) 206956 9/30/2021 002982 FRANCHISE TAX BOARD KRACH, BREE - CASE# 603016103 16.31 KRACH, BREE - CASE# 603016103 4.35 20.66 206957 9/30/2021 004944 FULLCOURT PRESS TEXT PAPER: BUS LIC CERTIICATES: 576.43 576.43 FINANCE 206958 9/30/2021 022534 GREENPOWER MOTOR 2021 White all -electric ADA Bus Shuttle 210,927.75 210,927.75 COMPANY INC 206959 9/30/2021 003198 HOME DEPOT MISC HRDWR SUPPLIES: TPL 612.56 FACILITY CLEANING EQUIP: TEM SHERII 210.95 MISC HRDWR SUPPLIES: STREETS: PW 145.63 969.14 206960 9/30/2021 022666 HOSKINS, MITCHELLJ STTLMNT: LIVE HIP -HOP AT THE 1,300.00 1,300.00 MERC: 9/24 206961 9/30/2021 017334 HOUSE OF AUTOMATION INC DOOR SERVICE: PARKING GARAGE 298.00 298.00 206962 9/30/2021 003296 INTL CODE COUNCIL MEMBERSHIP RENEWAL: CLEMENTS, 265.00 265.00 B. Page:4 apChkLst Final Check List Page: 5 09/30/2021 3:41:02PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 206963 9/30/2021 011841 JOE RHODES MAINTENANCE, FUEL PUMP: FIRE STA 95 SERVICE INC FUEL PUMP MAINT & REPAIR: FIRE STA! 206964 9/30/2021 021896 JP HANDMADE CORP, DBA PRINTING SVCS: BUSINESS CARDS: MINUTEMAN PRESS CASTILLO 206965 9/30/2021 001085 L N CURTIS AND SONS FIRE RESCUE EQUIP: SHSP GRANT: FIRE 206966 9/30/2021 020249 LAUND3R.COM LLC DRY CLEANING SVCS/LINENS: HUMAN SVCS 206967 9/30/2021 013443 MIDWEST TAPE LLC BOOKS ON TAPE: LIBRARY BOOKS ON TAPE: LIBRARY 206968 9/30/2021 001323 NESTLE WATERS NORTH 08/15-09/14 WTR DLVRY SVC: TVE2 AMERICA, DBA READYREFRESH 07/23-8/22 WTR DLVRY SVC: HARVESTO 206969 9/30/2021 000249 PETTY CASH PETTY CASH REIMBURSEMENT 206970 9/30/2021 010338 POOLAND ELECTRICAL, SPLASH PAD CHEMICALS & PARTS PRODUCTS INC VARIOUS SUPPLIES: AQUATICS 206971 9/30/2021 022686 RAMIREZ, ALEJANDRA REFUND: YOUTH MUSICAL THEATER PRODUCTION REFUND: YOUTH MUSICAL THEATER PR 206972 9/30/2021 011853 RANCON COMMERCE CNTR OCT-DEC'21 BUS PKASSN DUE: STN PH2,3&4 73 206973 9/30/2021 000418 RIVERSIDE CO CLERK AND, FILING CEQA NOE FOR PW21-05 RECORDER 206974 9/30/2021 000418 RIVERSIDE CO CLERK AND, CRC RENOVATIONS PW19-07 RECORDER 206975 9/30/2021 022689 SOCIETY OF CALIF ANN'LAGENCY MEMBERSHIP: TV ARCHIVISTS MUSEUM 206976 9/30/2021 003941 TEMECULA WINNELSON RESTROOM MAINT & REPAIR: CRC COMPANY PLUMBING SUPPLIES: PW PARKS 206977 9/30/2021 022683 THAT'S GREAT NEWS LLC T73 NEWS ARTICLE PLAQUE: FIRE 206978 9/30/2021 004124 TRUELINE CONSTRUCTION REPAIR ROLLER HOCKEY COURT: AND, SURFACING INC RRSP Amount Paid Check Total 1,929.25 341.28 2,270.53 61.55 61.55 2,398.00 2,398.00 87.00 87.00 43.49 44.69 88.18 58.27 32.03 90.30 983.77 983.77 390.87 103.34 494.21 160.00 160.00 320.00 510.71 510.71 50.00 50.00 50.00 50.00 75.00 75.00 185.27 156.82 342.09 257.69 257.69 5,500.00 5,500.00 Page:5 apChkLst Final Check List Page: 6 09/30/2021 3:41:02PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 206979 9/30/2021 010046 TV CONVENTION &VISITORS JULY'21 BUS. IMPRV DISTRICT BUREAU, DBA VISIT TEMECULA ASMNTS VALLEY 206980 9/30/2021 002185 US POSTAL SERVICE POSTAGE: 21/22 THEATER SEASON MAILER 206981 9/30/2021 014486 VERIZON WIRELESS 8/11-9/10 TASK FORCE TABLETS POLICE 206982 9/30/2021 001342 WAXIE SANITARY SUPPLY INC CLEANING SUPPLIES: CIVIC CENTER 206983 9/30/2021 008402 WESTERN RIVERSIDE CO MSHCP FEE PW18-11 REG, CONSERVATION AUTHORITY 206984 9/30/2021 018871 WONDER SCIENCE TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS Amount Paid Check Total 213,436.05 213,436.05 973.26 463.52 401.14 2,663.57 5,764.50 5,622.75 Grand total for UNION BANK: 973.26 463.52 401.14 2,663.57 11, 387.25 899,853.53 Page6 apChkLst Final Check List Page: 7 09/30/2021 3:41:02PM CITY OF TEMECULA 79 checks in this report. Grand Total All Checks: 899,853.53 Page:? apChkLst Final Check List Page: 1 09/30/2021 3:42:37PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 501161 10/4/2021 002366 STEAM SUPERIOR CARPET CLEANING Description Amount Paid Check Total CARPET/FURNITURE CLEANING: CIVIC 7,018.00 CENTER CARPET/FURNITURE CLEANING: CIVIC ( 4,100.00 CARPET CLEANING SRVCS:: PENNYPICI 845.00 CARPET/FURNITURE CLEANING: CIVIC 725.00 Grand total for EFT UNION BANK 12,688.00 12,688.00 Page:1 apChkLst Final Check List Page: 2 09/30/2021 3:42:37PM CITY OF TEMECULA checks in this report. Grand Total All Checks: 12,688.00 Paget apChkLst Final Check List Page: 1 10/05/2021 3:58:10PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor Description 501162 10/7/2021 004802 ADLERHORST INTERNATIONAL SEP K9 TRAINING: KING/MUSHINSKIE: LLC POLICE 501163 10/7/2021 009374 ALLEGRO MUSICAL VENTURES PIANO TUNING/MAINT: THEATER DBA, ALLEGRO PIANO SERVICE 501164 10/7/2021 004240 AMERICAN FORENSIC NURSES OCT STAND BY FEE: POLICE AFN 501165 10/7/2021 021400 AYERS ELECTRIC INC ELECTRICAL SVCS: FIRE STA 84 PW19-14 501166 10/7/2021 018408 BOB CALLAHAN'S POOL SEP FOUNTAIN MAINT SVC: PW SERVICE SEP FOUNTAIN MAINT SVC: PW 501167 10/7/2021 021588 BRAUN PETER, DBA OCT PLANTSCAPE SVCS: CIVIC CTR TEMECULA PLANTSCAPE OCT PLANTSCAPE SVCS: TPL 501168 10/7/2021 004248 CALIF DEPT OF AUG FINGERPRINT SVCS: JUSTICE-ACCTING HR/PD/TCSD 501169 10/7/2021 021349 CASA CENTER AGAINST SART EXAMS: TEM SHERIFF SEXUAL, ASSAULT OF SW RIV CO 501170 10/7/2021 021133 CNS ENGINEERS INC 7/1-8/27 ENG SVCS: OVRLND BR PW16-05 501171 10/7/2021 000442 COMPUTER ALERT SYSTEMS OCT-DEC ALARM SYS MONITORING: VARI FAC SVC CALL: TCC SVC CALL: INSTALL PANIC BUTTON 501172 10/7/2021 010650 CRAFTSMEN PLUMBING & OFFICE REMODEL: HR DEPT HVAC INC OFFICE REMODEL: HR DEPT OFFICE REMODEL: HR DEPT OFFICE REMODEL: HR DEPT OFFICE REMODEL: HR DEPT 501173 10/7/2021 020648 DG INVESTMENT HOLDINGS 2 CITYWIDE SURVEILLANCE PROJ: CIP: INC, CONVERGINT INFO TE TECHNOLOGIES 501174 10/7/2021 003945 DIAMOND ENVIRONMENTAL RESTROOMS/HANDWASHING SRVCS STATION: CRC Amount Paid Check Total 350.00 350.00 225.00 225.00 1,379.17 1,379.17 1,850.00 1,850.00 1,227.00 950.00 2,177.00 500.00 200.00 700.00 4,719.00 4,719.00 800.00 800.00 29,225.41 29,225.41 6,765.00 215.00 153.95 7,133.95 31,270.00 11,524.00 9,210.00 4,738.00 3,038.00 59,780.00 1,351.80 1,351.80 94.33 94.33 Page:1 apChkLst 10/05/2021 3:58:10PM Final Check List CITY OF TEMECULA Page: 2 Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 501175 10/7/2021 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: TCSD 798.98 FUEL FOR CITY VEHICLES: CODE ENFOI 76.74 FUEL FOR CITY VEHICLES: CITY MGR OI 56.16 FUEL FOR CITY VEHICLES: POLICE DEP 14.37 946.25 501176 10/7/2021 002577 ENGINEERING RESOURCES, ENG SVCS: BIKE TRAIL PGM: PW19-11 7,962.08 7,962.08 OF SOUTHERN CALIF., INC. 501177 10/7/2021 001937 GALLS LLC Misc equipment: Police: CAP 45.75 45.75 501178 10/7/2021 021308 GILLIS + PANICHAPAN ARCHITECTURAL SVCS: FIRE STA 84 3,814.00 3,814.00 ARCHITECTS, INC PW19-14 501179 10/7/2021 000177 GLENNIES OFFICE PRODUCTS MISC OFC SUPPLIES: CODE 131.81 INC ENFORCEMENT OFC SUPPLIES: INFO TECH 43.83 MISC OFC SUPPLIES:CODE ENFORCEM 20.65 196.29 501180 10/7/2021 022556 HANSON AGGREGTE PACIFIC CNSTRCTN CONTRACT SVCS: 228,642.14 228,642.14 SW LLC, DBAATP GENERAL PAVEMNT REHAB ENG CONTR 501181 10/7/2021 006914 INNOVATIVE DOCUMENT AUG COPIER MAINT/USAGE/REPAIR: 4,802.09 SOLUTIONS CITYWIDE AUG COPIER MAINT/USAGE/REPAIR: CI1 369.34 5,171.43 501182 10/7/2021 003726 LIFE ASSIST INC TEACHING SUPPLIES: MEDIC: FIRE 293.49 DEPT TEACHING SUPPLIES: MEDIC: FIRE DEP 274.96 568.45 501183 10/7/2021 021370 MARK THOMAS AND COMPANY AUG DSGN CONSULTANT SVCS: 20,563.10 20,563.10 INC CHERRY ST EXT 501184 10/7/2021 019823 MERCHANTS BLDG MAINT LLC ENHANCED CLEANING: CIVIC CTR 879.00 879.00 501185 10/7/2021 018314 MICHAEL BAKER CONSULT FINAL MONUMENTATION: 7,750.00 INTERNATIONAL OLD TOWN DSGN SVCS: TEMECULA PKWY PW18-11 3,115.00 AUG ENG & SURVEY SVCS-SIDEWALKS: 1,937.50 DSGN SVCS: TEMECULA PKWY PW18-11 1,313.50 DSGN SVCS: TEMECULA PKWY PW18-11 771.00 14,887.00 Paget apChkLst Final Check List Page: 3 10/05/2021 3:58:10PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 501186 10/7/2021 004043 MISSION ELECTRIC SUPPLY INC 501187 10/7/2021 022599 NIEVES LANDSCAPE INC 501188 10/7/2021 009337 NV5INC 501189 10/7/2021 002412 RICHARDS WATSON AND GERSHON 501190 10/7/2021 009213 SHERRY BERRY MUSIC 501191 10/7/2021 001546 STRAIGHT LINE GLASS AND MIRROR, COMPANY INC 501192 10/7/2021 009452 STRAWN, WILLIAM (Continued) Description ELECTRICAL SUPPLIES: OLD TOWN ELECTRICAL SUPPLIES: FIRE STA 92 ELECTRICAL SUPPLIES: LIBRARY ELECTRICAL SUPPLIES: OLD TOWN ELECTRICAL SUPPLIES: CIVIC CTR ELECTRICAL SUPPLIES: TVM ELECTRICAL SUPPLIES: CIVIC CTR ELECTRICAL SUPPLIES: LIBRARY ELECTRICAL SUPPLIES: CIVIC CTR IRRIGATION REPAIRS: SLOPES IRRIGATION REPAIRS: SLOPES IRRIGATION REPAIRS: SLOPES IRRIGATION REPAIRS: SLOPES IRRIGATION REPAIRS: SLOPES IRRIGATION REPAIRS: SLOPES AUG PROJ MGT SVCS: MRC, PW17-21 AUGUST 2021 LEGAL SERVICES AUGUST 2021 LEGAL SERVICES AUGUST 2021 LEGAL SERVICES AUGUST 2021 LEGAL SERVICES AUGUST 2021 LEGAL SERVICES AUGUST 2021 LEGAL SERVICES AUGUST 2021 LEGAL SERVICES AUGUST 2021 LEGAL SERVICES STAND UP COMEDY @ THE MERC 9/25/21 JAZZ @ THE MERC 9/23/21 INSTALL GLASS: JRC THEATER DANCE STUDIO :011.171111111:1A\9:1=311»1I:10 Amount Paid Check Total 531.98 480.57 352.01 175.66 87.28 78.66 14.91 9.16 3.79 449.30 388.34 380.72 285.77 258.41 104.68 11,055.00 14,247.94 4,988.00 3,827.00 1,334.00 754.00 708.00 464.00 116.00 1,765.00 800.00 452.95 54.36 Grand total for EFT UNION BANK: 1,734.02 1,867.22 11,055.00 26,438.94 2,565.00 452.95 54.36 437,628.64 Page:3 apChkLst Final Check List Page: 4 10/05/2021 3:58:10PM CITY OF TEMECULA checks in this report. Grand Total All Checks: 437,628.64 Page:4 apChkLst 10/07/2021 3:23:38PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK Check # Date Vendor Description Amount Paid Check Total 11941 10/1/2021 000262 RANCHO CALIF WATER VARIOUS AUG WATER 3031158 NACKE 29,379.42 29,379.42 DISTRICT DR 11959 9/29/2021 000537 SO CALIF EDISON SEPT 700187069897 44173 16.65 16.65 BUTTERFIELD STG 11960 9/29/2021 000537 SO CALIF EDISON SEPT 700295838526 44747 REDHAWK 31.66 31.66 PKWY 11961 9/29/2021 000537 SO CALIF EDISON SEPT 700376130476 29429 TEMECULA 76.29 76.29 PKWY 11962 9/29/2021 000537 SO CALIF EDISON AUG 600000000717 41184 TEMEKU 1,352.68 1,352.68 11963 9/29/2021 000537 SO CALIF EDISON SEPT 700316536912 32131 S LOOP RD 3,215.99 3,215.99 11964 9/29/2021 010276 TIME WARNER CABLE SEPTEMBER INTERNET SVCS 41845 598.64 598.64 6TH ST 11965 9/29/2021 010276 TIME WARNER CABLE SEPTEMBER INTERNET SVCS 28922 598.64 598.64 PUJOL ST 11966 9/29/2021 010276 TIME WARNER CABLE SEPTEMBER INTERNET SVCS 30600 609.14 609.14 PAUBA RD 11967 9/29/2021 018858 FRONTIER CALIFORNIA INC SEPT INTERNET SERVICES - CITY 295.98 295.98 HALL 11968 9/29/2021 018858 FRONTIER CALIFORNIA INC SEPT INTERNET SERVICES - SKATE 186.23 186.23 PARK AND 11970 9/22/2021 005460 U S BANK INVESTMENT PURCHASE: FINANCE 1,000,000.00 1,000,000.00 11971 9/30/2021 018858 FRONTIER CALIFORNIA INC SEPT INTERNET SVCS - CITY HALL 5,622.03 5,622.03 11972 9/30/2021 018858 FRONTIER CALIFORNIA INC SEPT INTERNET SVCS - COMMUNITY 120.98 120.98 CENTER 11973 9/30/2021 018858 FRONTIER CALIFORNIA INC SEPT INTERNET SVCS - SENIOR 150.98 150.98 CENTER 11974 9/30/2021 018858 FRONTIER CALIFORNIA INC SEPT INTERNET SVCS - CITY HALL 2,936.72 2,936.72 Page:1 apChkLst Final Check List Page: 2 10/07/2021 3:23:38PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 11975 9/30/2021 010276 TIME WARNER CABLE 11976 9/30/2021 010276 TIME WARNER CABLE 11977 9/30/2021 010276 TIME WARNER CABLE 11978 9/30/2021 010276 TIME WARNER CABLE 11979 9/30/2021 010276 TIME WARNER CABLE 11980 9/30/2021 010276 TIME WARNER CABLE 11981 9/30/2021 010276 TIME WARNER CABLE 11982 9/30/2021 010276 TIME WARNER CABLE 11983 9/30/2021 010276 TIME WARNER CABLE 11992 9/30/2021 010276 TIME WARNER CABLE 11997 9/2/2021 014685 COMPASS BANK 11998 9/2/2021 014685 COMPASS BANK 12019 10/5/2021 018858 FRONTIER CALIFORNIA INC 12020 10/5/2021 018858 FRONTIER CALIFORNIA INC 12021 10/5/2021 001212 SO CALIF GAS COMPANY 12022 10/5/2021 001212 SO CALIF GAS COMPANY 102097 9/30/2021 022690 BENJAMINE, ASGHAR (Continued) Description Amount Paid Check Total SEPTEMBER INTERNET SVCS 32364 119.99 119.99 OVERLAND OCTOBER INTERNET SVCS 32211 194.34 194.34 WOLF VALLEY OCTOBER INTERNET SVCS 29119 324.96 324.96 MARGARITA RD SEPTEMBER INTERNET SVCS 40820 598.64 598.64 SEPTEMBER INTERNET SVCS 28300 598.64 598.64 MERCEDES OCTOBER INTERNET SVCS 30755 754.95 754.95 AULD RD STE OCTOBER INTERNET SVCS 41973 6TH 754.95 754.95 ST SEPTEMBER INTERNET SVCS 29119 1,655.67 1,655.67 MARGARITA OCTOBER INTERNET SVCS 41000 3,457.95 3,457.95 MAIN ST OCTOBER INTERNET SVCS 40820 5.32 5.32 WINCHESTER '11 REFUNDING 01/08 CERT PART 520,385.40 520,385.40 DEBT SVC 2018 MRC DEBT SVC 138,952.18 138,952.18 SEPT INTERNET SVCS - LIBRARY 190.98 190.98 SEPT INTERNET SVCS - FIRE STATION 171.84 171.84 73 SEPT 095-167-7907-2 30650 PAU BARD 115.62 115.62 SEPT 125-244-2108-3 30600 PAUBA RD 19.45 19.45 REFUND: DUPLICATE PAYMENT 617.40 617.40 INVOICE 97652 Paget apChkLst Final Check List Page: 3 10/07/2021 3:23:38PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 102098 10/4/2021 021606 IE INC REFUND: CANCELLED PERMIT B21-5130 43000 206985 10/4/2021 015959 MEHEULA MUSIC 1ST INSTALLMENT PERF: THEATER PRODUCTIONS, AKA JAMES L. FY21/22 MARABOTTO 206986 10/7/2021 007186 AB MAILING SOLUTIONS MAILING SVCS: SEASON MAILER: THEATER 206987 10/7/2021 001517 AETNA BEHAVIORAL HEALTH NOV EMPLOYEE ASSISTANCE PRGM: LLC, DBAAETNA RESOURCES HR 206988 10/7/2021 021522 AGILITY KIDS LLC TCSD INSTRUCTOR EARNINGS 206989 10/7/2021 014170 AHERN RENTALS INC LIFT RENTAL: DUCK POND LIFT RENTAL: PALOMA DEL SOL PARK 206990 10/7/2021 007282 AMAZON CAPITAL SERVICES MISC SUPPLIES: TVM: TCSD INC MISC BOOKS: RHRTPL: TCSD 206991 10/7/2021 011954 BAKER AND TAYLOR INC BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY 206992 10/7/2021 006254 BALLET FOLKLORICO, AKA TCSD INSTRUCTOR EARNINGS LORENA HANCOCK 206993 10/7/2021 022670 BROWN, JAMAL DEON TCSD INSTRUCTOR EARNINGS 206994 10/7/2021 021502 BUCHER, BRET PHILLIP TCSD INSTRUCTOR EARNINGS 206995 10/7/2021 018828 CASC ENGINEERING AND, AUG COMM ERCIAL/IND'L CONSULTING INC INSPECTIONS:NPDES 206996 10/7/2021 004462 CDW LLC, DBA CDW MISC SMALL TOOLS & EQUIP: INFO GOVERNMENT LLC TECH 206997 10/7/2021 009640 CERTIFION CORP DBA SEP ONLINE DATABASE SUBSCR: ENTERSECT POLICE Amount Paid Check Total 177.20 177.20 5,000.00 5,000.00 432.38 432.38 1,210.00 1,210.00 6,017.49 6,017.49 927.33 579.72 1,507.05 176.66 69.96 246.62 844.43 268.24 101.16 101.12 95.16 20.12 1,430.23 455.70 455.70 2,017.75 2,017.75 1,323.00 1,323.00 6,057.50 6,057.50 209.19 209.19 200.00 200.00 Page:3 apChkLst 10/07/2021 3:23:38PM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 206998 10/7/2021 005417 CINTAS PROTECTION NO 2, FIRSTAID KIT MAINT: RISK MGMT 340.88 CINTAS FIRE 636525 FIRST AID KIT MAINT: RISK MGMT 274.87 FIRST AID KIT MAINT: RISK MGMT 169.82 FIRST AID KIT MAINT: RISK MGMT 126.68 FIRST AID KIT MAINT: RISK MGMT 250.05 FIRST AID KIT MAINT: RISK MGMT 214.28 1,376.58 206999 10/7/2021 022596 CITYGATE ASSOCIATES LLC PROF SVCAGREEMENT: PD 3,205.13 3,205.13 ASSESSMENT 207000 10/7/2021 017429 COBRAADVANTAGE INC, DBA SEP FSA & COBRAADMIN: HR 608.20 608.20 THE ADVANTAGE GROUP 207001 10/7/2021 002945 CONSOLIDATED ELECTRICAL ELECTRICAL SUPPLIES: CIVIC CTR 897.19 897.19 DIST 207002 10/7/2021 013379 COSSOU, CELINE TCSD INSTRUCTOR EARNINGS 756.00 756.00 207003 10/7/2021 001264 COSTCO TEMECULA 491 HOSPITALITY & OFC SUPPLIES: 98.05 THEATER HOSPITALITY & OFC SUPPLIES: THEATE 88.59 HOSPITALITY & OFC SUPPLIES: THEATE 67.92 254.56 207004 10/7/2021 001233 DANS FEED AND SEED INC MISC SUPPLIES: STREET MAINT: PW 24.22 MISC SUPPLIES: STREET MAINT: PW 5.17 29.39 207005 10/7/2021 011202 EMH SPORTS USA INC TCSD INSTRUCTOR EARNINGS 630.00 630.00 207006 10/7/2021 021365 GEORGE HILLS COMPANY INC 9/20 CLAIMS RECOVERY SRVCS: RISK 3,423.55 MGMT ANNUAL MEDICARE/CMS REPORT FEE: 250.00 3,673.55 207007 10/7/2021 022695 GUILD MORTGAGE COMPANY MRAP MORTGAGE GRANT RECIPIENT 2,033.47 2,033.47 LLC 207008 10/7/2021 000186 HANKS HARDWARE INC MISC SUPPLIES: VARI FIRE STATIONS 810.99 MISC. SMALL TOOLS & EQUIP: CIP: PW 109.33 920.32 207009 10/7/2021 013749 HELIXSTORM INC VDI: LIBRARY: INFO TECH 5,463.44 5,463.44 207010 10/7/2021 020698 HICKS AND HARTWICK INC ENG PLAN CK SVCS: LAND DEV: 2,100.00 2,100.00 SOLANA WY 207011 10/7/2021 003198 HOME DEPOT MISC SMALL TOOLS: CIVIC CTR 454.58 MISC SUPPLIES: IWTCM & JRC 55.48 MISC HRDWR SUPPLIES: TVM 38.04 548.10 207012 10/7/2021 010530 1 PC INDUSTRIES INC, DBA: GOLF CART RENTALS: COLOR RUN 883.13 883.13 PRESTIGE GOLF CARS EVENT: TCSD Page:4 apChkLst Final Check List Page: 5 10/07/2021 3:23:38PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 207013 10/7/2021 022033 IE GENERAL ENGINEERING PAVEMENT REHAB: ADA COMPLIANCE INC 20-08 207014 10/7/2021 022569 INLAND FLEET SOLUTIONS INC VEHICLE & EQUIP REPAIRS: STREETS: PW 207015 10/7/2021 004179 INTERNATIONAL E-Z UP INC SPECIAL EVENTS: PREVENTION: FIRE DEPT 207016 10/7/2021 017118 KRACH BREE B, DBA NAME PLATES: CITY CLERK TEMECULA TROPHY& DES STAFF NAME BADGES: ECON DEV CREDIT: CREDIT: 207017 10/7/2021 022617 LEEMARC INDUSTRIES LLC, HIKE BIKE EVENT JERSEYS: DBA CANARI S.GERTRUDIS CRK 207018 10/7/2021 013982 M C I COMM SERVICE SEPT 7DK89878 XXX-0714 GEN USAGE MALL PD SEPT 7DK90589 XXX-0346 GEN USAGE 207019 10/7/2021 017427 MATCHETT, VIVIAN TCSD INSTRUCTOR EARNINGS 207020 10/7/2021 022572 MERRIFIELD, KRISTIN TCSD INSTRUCTOR EARNINGS 207021 10/7/2021 015507 MSDSONLINE INC, DBA MSDS Database Subscription VELOCITYEHS 207022 10/7/2021 001323 NESTLE WATERS NORTH 08/23-09/22 WTR DLVRY SVC: PBSP AMERICA, DBA READYREFRESH 08/23-09/22 WTR DLVRY SVC: MRC 08/23-09/22 WTR DLVRY SVC: HELP CTR 08/23-09/22 WTR DLVRY SVC: AQUATICS 207023 10/7/2021 003964 OFFICE DEPOT BUSINESS SVS MISC FURNITURE & FIXTURES: HR DIV 207024 10/7/2021 020472 PARKING LOGIX INC PARKING MGMT SYSTEM: OLD TOWN 207025 10/7/2021 020848 PATRICK, DAMION REIMB: MILEAGE: MISAC CONF 207026 10/7/2021 022693 PHH MORTGAGE MRAP MORTGAGE GRANT RECIPIENT CORPORATION, DBA PHH MORTGAGE SERVICES 207027 10/7/2021 022694 PLANET HOME LENDING LLC MRAP MORTGAGE GRANT RECIPIENT Amount Paid Check Total 127, 537.50 127, 537.50 2,202.65 2,202.65 3,139.79 3,139.79 65.25 17.40 -4.35 -16.31 61.99 2,533.20 2,533.20 39.10 37.17 76.27 218.40 218.40 1,328.25 1,328.25 2,479.00 2,479.00 100.77 50.11 39.69 16.30 206.87 121.55 121.55 31,030.00 31,030.00 82.88 82.88 2,571.90 2,571.90 1,833.82 1,833.82 Page:5 apChkLst Final Check List Page: 6 10/07/2021 3:23:38PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 207028 10/7/2021 002354 POSITIVE PROMOTIONS INC 207029 10/7/2021 005075 PRUDENTIAL OVERALL SUPPLY 207030 10/7/2021 020127 QUINN COMPANY 207031 10/7/2021 004029 R J M DESIGN GROUP INC 207032 10/7/2021 000277 S ANDS WORLDWIDE INC (Continued) Description PRIZE ITEMS: FIT FUN COLOR RUN 7/6 UNIFORM RENTALS: PW PARKS 7/13 UNIFORM RENTALS: PW PARKS 7/20 UNIFORM RENTALS: PW PARKS 7/27 UNIFORM RENTALS: PW PARKS 8/3 UNIFORM RENTALS: PW PARKS 8/17 UNIFORM RENTALS: PW PARKS 8/10 UNIFORM RENTALS: PW PARKS 7/27 UNIFORM RENTAL: PW STREET MA 8/3 UNIFORM RENTAL: PW STREET MAID 8/10 UNIFORM RENTAL: PW STREET MA 8/17 UNIFORM RENTAL: PW STREET MA 7/13 UNIFORM RENTAL: PW STREET MA 7/20 UNIFORM RENTAL: PW STREET MA 7/6 UNIFORM RENTAL: PW STREET MAID GENERATOR REPAIRS: LIBRARY AUG DSGN SRVCS: MARGARITA DOG PARK REC SUPPLIES: SMR DAY CAMP/CRC REC SUPPLIES: SMR DAY CAMP/CRC REC SUPPLIES: SMR DAY CAMP/CRC REC SUPPLIES: SMR DAY CAMP/CRC REC SUPPLIES: SMR DAY CAMP/CRC 207033 10/7/2021 000278 SAN DIEGO UNION -TRIBUNE AUG PUBLIC NTC ADS: CITY CLERK 207034 10/7/2021 009980 SANBORN GWYNETH A, CO COUNTRY LIVE! @ THE MERC 10/2 TEMECULA MUSIC ACADEMY 207035 10/7/2021 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY SVC: PROJECT PRESTON PHOTOS 9/20 PHOTOGRAPHY SVC: MISS TAHITI VISIT PHOTOGRPAHY SVC: W.EAGLE ROTARY PHOTOGRAPHY SVC: HEALTH FAIR MPE 207036 10/7/2021 022659 SIDI, SEBASTIAN, DBA SEBAZ VIDEO SERVICES: STATE OF THE CITY VIDEO PRODUCTIO 207037 10/7/2021 002503 SOUTH COAST AIR QUALITY, FY21/22 FLAT FEE-LST FY EMISSIONS: MANAGEMENT DISTRICT STA 8 FY21/22 FUEL DISPENSING OF FEES: S7 Amount Paid Check Total 5,385.10 66.15 66.15 66.15 66.15 66.15 65.49 63.72 50.14 50.14 50.14 50.14 42.86 42.86 40.44 357.50 2,288.70 335.12 206.78 83.78 76.58 15.94 114.60 652.50 300.00 170.00 170.00 170.00 1,500.00 142.59 130.11 5,385.10 786.68 357.50 2,288.70 718.20 114.60 652.50 810.00 1,500.00 272.70 Pagefi apChkLst Final Check List Page: 7 10/07/2021 3:23:38PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 207038 10/7/2021 012652 SOUTHERN CALIFORNIA, OCT GEN USAGE: 0141,0839,0978,0979 TELEPHONE COMPANY 207039 10/7/2021 017814 STC TRAFFIC INC JUL TRAFFIC ENG: LRSP, PW21-02 207040 10/7/2021 015648 STEIN ANDREW, DBA PARKINK POLY BAGS FOR COLOR RUN: CRC - TCSD 207041 10/7/2021 022489 STILGEBOUER, JASON, DBA CRUISING THROUGH TEMECULA DUSTY SUMMIT PHOTO SERIES 207042 10/7/2021 003599 T Y LIN INTERNATIONAL 8/1-27 CONSULT: FV PKWY/I-15 PH II,16-01 207043 10/7/2021 021609 TEMECULA CREEK VILLAS LP MRAP RENTALASSIST. GRANT RECIPIENT 207044 10/7/2021 000161 TYLER TECHNOLOGIES, INC ENERGOV SOFTWARE MAINT: INFO TECH 207045 10/7/2021 022102 UNITED PARCEL SERVICES EXPRESS MAIL SRVCS: CODE ENF INC EXPRESS MAIL SRVCS: PW CIP 207046 10/7/2021 014850 VALLEY PRINTING SERVICES, ED MAGAZINE FOR SOTC BAGS INC. 207047 10/7/2021 020275 WALLACE & ASSOC AUG INSPECTION SRVCS: PW LD/ CONSULTING INC NPDES 207048 10/7/2021 001342 WAXIE SANITARY SUPPLY INC CLEANING SUPPLIES: CIVIC CENTER 207049 10/7/2021 008668 WES FLOWERS SUNSHINE FUND 207050 10/7/2021 020193 WHITE CAP LP MAINT SUPPLIES: PW STREETS Amount Paid Check Total 614.06 614.06 15,320.00 15,320.00 1,254.56 1,254.56 300.00 300.00 80,479.28 80,479.28 5,010.00 5,010.00 86,096.20 86,096.20 19.81 -7.45 12.36 1,895.51 1,895.51 7,728.00 7,728.00 452.72 452.72 99.49 99.49 96.08 96.08 and total for UNION BANK: 2,151,441.79 Page:? apChkLst Final Check List Page: 8 10/07/2021 3:23:38PM CITY OF TEMECULA 100 checks in this report. Grand Total All Checks: 2,151,441.79 Page:8 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: October 26, 2021 SUBJECT: Approve City Treasurer's Report as of July 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 July 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 July 31, 2021. FISCAL IMPACT: None ATTACHMENTS: City Treasurer's Report as of July 31, 2021 Portfolio Managment Treasury Report Portfolio Management Portfolio Summary July 31, 2021 City of Temecula 41000 Main Street Temecula, CA 92590 (951)694-6430 Par Market Book % of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts 41,711,080.43 41,711,080.43 41,711,080.43 24.87 1 1 0.071 0.071 Retention Escrow Account 774,877.21 774,877.21 774,877.21 0.46 1 1 0.068 0.069 Letter of Credit 2.00 2.00 2.00 0.00 1 1 0.000 0.000 Trust Accounts 17,214,661.84 17,214,661.84 17,214,661.84 10.26 1 1 22.458 22.770 Local Agency Investment Funds 89,008,250.21 89,015,635.23 89,008,250.21 53.07 1 1 0.334 0.339 Federal Agency Callable Securities 14,000,000.00 14,027,610.00 14,000,000.00 8.35 1,598 1,403 0.786 0.797 Federal Agency Bullet Securities 5,000,000.00 5,063,360.00 5,000,000.00 2.98 1,132 410 1.897 1.923 167,708,871.69 167,807,226.71 167,708,871.69 100.00% 168 130 2.623 2.659 Investments Cash Passbook/Checking (not included in yield calculations) Total Cash and Investments 8,030,570.27 175,739,441.96 8,030,570.27 175,837,796.98 Total Earnings July 31 Month Ending Fiscal Year To Date Current Year 377,761.91 377,761.91 Average Daily Balance 183,041,469.98 183,041,469.98 Effective Rate of Return 2.43% 2.43% 8,030,570.27 1 1 0.000 0.000 175,739,441.96 168 130 2.623 2.659 Reporting period 07/01/2021-07/31/2021 Portfolio TEME Data Updated: SET_MTH: 10/13/2021 08:33 NL! CP Run Date: 10/13/2021 - 08:33 PM (PRF_PM1) 7.3.0 Report Ver. 7.3.6.1 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments July 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 Cl 5,513.29 5,513.29 5,513.29 0.020 0.020 0.020 1 233358006-6 01-2 REF RES First Amer Govt Oblig Fund Cl 503,301.17 503,301.17 503,301.17 0.020 0.020 0.020 1 233358000-6 01-2 REF ST First Amer Govt Oblig Fund Cl 869,202.85 869,202.85 869,202.85 0.020 0.020 0.020 1 276213009-6 03-02 COI First Amer Govt Oblig Fund Cl 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 276213008-6 03-02 IMPR First Amer Govt Oblig Fund Cl 517.25 517.25 517.25 0.020 0.020 0.020 1 276213006-6 03-02 RES First Amer Govt Oblig Fund Cl 741,169.91 741,169.91 741,169.91 0.020 0.020 0.020 1 164741002-6 03-03 BOND F First Amer Govt Oblig Fund Cl 118,419.33 118,419.33 118,419.33 0.020 0.020 0.020 1 164741008-6 03-03IMP First Amer Govt Oblig Fund Cl 194,110.26 194,110.26 194,110.26 0.020 0.020 0.020 1 164741006-6 03-03RES First Amer Govt Oblig Fund Cl 07/01/2021 0.30 0.30 0.30 0.000 0.000 1 164741000-6 03-03SPEC First Amer Govt Oblig Fund Cl 1,667,616.59 1,667,616.59 1,667,616.59 0.020 0.020 0.020 1 164742002-6 03-06 BOND F First Amer Govt Oblig Fund Cl 25,002.15 25,002.15 25,002.15 0.020 0.020 0.020 1 164742000-6 03-06SPEC First Amer Govt Oblig Fund Cl 256,677.79 256,677.79 256,677.79 0.020 0.020 0.020 1 229462007-6 03-1 2012 RF First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 229462002--6 03-1 BOND FD First Amer Govt Oblig Fund Cl 2,587.18 2,587.18 2,587.18 0.020 0.020 0.020 1 229462009-6 03-1 COI First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 229462006-6 03-1 RESERV First Amer Govt Oblig Fund Cl 17,218.32 17,218.32 17,218.32 0.020 0.020 0.020 1 229462000-6 03-1 SPECF First Amer Govt Oblig Fund Cl 733,980.19 733,980.19 733,980.19 0.020 0.020 0.020 1 94669921-6 03-1ACQ11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.870 0.858 0.870 1 94669911-6 03-1ACQA11 First Amer Govt Oblig Fund Cl 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 94669917-6 03-1 RES First Amer Govt Oblig Fund Cl 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 94669916-6 03-1 RESB11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 94669000-6 03-1 SPTAX11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 276213002-6 03-2 REFU First Amer Govt Oblig Fund Cl 0.80 0.80 0.80 0.000 0.000 1 276213000-6 03-2 SPEC First Amer Govt Oblig Fund Cl 649,818.00 649,818.00 649,818.00 0.020 0.020 0.020 1 94686001-6 03-4ADMIN11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.060 0.059 0.060 1 94686005-6 034PREP11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.070 0.069 0.070 1 94686000-6 034RED11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.050 0.049 0.050 1 94686006-6 034RES11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.060 0.059 0.060 1 276213022-6 16-01 BOND F First Amer Govt Oblig Fund Cl 07/01/2021 3.23 3.23 3.23 0.000 0.000 1 276213023-6 16-01 CAPINT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.870 0.858 0.870 1 276213029-6 16-01 COI First Amer Govt Oblig Fund Cl 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 276213028-6 16-01 IMP First Amer Govt Oblig Fund Cl 6,723,433.95 6,723,433.95 6,723,433.95 0.020 0.020 0.020 1 276213026-6 16-01 RESERV First Amer Govt Oblig Fund Cl 3,153,952.82 3,153,952.82 3,153,952.82 0.020 0.020 0.020 1 276213020-6 16-01 SPECF First Amer Govt Oblig Fund Cl 2,219,959.78 2,219,959.78 2,219,959.78 0.020 0.020 0.020 1 218848001-6 2017A&B INT First Amer Govt Oblig Fund Cl 10.77 10.77 10.77 0.000 0.000 1 218848008-6 2017ABPRIORP First Amer Govt Oblig Fund Cl 17,957.68 17,957.68 17,957.68 0.020 0.020 0.020 1 Data Updated: SET_MTH: 10/13/2021 08:33 Run Date: 10/13/2021 - 08:33 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 July 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 218848013-2 2017B COI First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 218848000-6 2017B DS First Amer Govt Oblig Fund Cl 75.62 75.62 75.62 0.030 0.030 0.030 1 218848002-6 2017B PRIN First Amer Govt Oblig Fund Cl 989.33 989.33 989.33 0.020 0.020 0.020 1 218848009-6 2017B_PROJ First Amer Govt Oblig Fund Cl 13,122,148.91 13,122,148.91 13,122,148.91 0.020 0.020 0.020 1 233358009-6 233358009-6 First Amer Govt Oblig Fund Cl 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 94434160-6 RDA-021NT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 94434161-6 RDA-02PRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886000-6 RDA-06AINT First Amer Govt Oblig Fund Cl 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 Cl 0.00 0.00 0.00 0.680 0.671 0.680 1 107886016-6 RDA06BRES First Amer Govt Oblig Fund Cl 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 Cl 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 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 136343006-6 RDA10RSRV First Amer Govt Oblig Fund Cl 07/01/2021 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 07/01/2021 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 07/01/2021 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 07/01/2021 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 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 Portfolio TEME Data Updated: SET_MTH: 10/13/2021 08:33 NL! CP Run Date: 10/13/2021 - 08:33 PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments July 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 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 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 94686001-5 034 ADMIN11 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 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 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 0.339 0.334 0.339 1 276213008-1 03-02 IMP CA Local Agency Investment Fun 8,143,767.12 8,143,767.12 8,143,767.12 0.221 0.218 0.221 1 164742006-1 03-06 RES-1 CA Local Agency Investment Fun 307,153.52 307,153.52 307,153.52 0.221 0.218 0.221 1 229462007-1 03-1 2012 RE CA Local Agency Investment Fun 814,859.63 814,859.63 814,859.63 0.221 0.218 0.221 1 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 164741006-1 0303-1 RES CA Local Agency Investment Fun 1,421,194.27 1,421,194.27 1,421,194.27 0.221 0.218 0.221 1 107886028-1 RDA 07 PRO-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 107886026-1 RDA 07 RES-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 136343018-1 RDA 10B CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 229462020-0 03-01 CASH USBANK 438.42 438.42 438.42 0.000 0.000 1 164742006-0 03-06 Cash USBANK 07/01/2021 0.00 0.00 0.00 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 41,711,080.43 41,711,080.43 41,711,080.43 41,711,080.43 0.071 0.071 1 Retention Escrow Account NOBEL COMPANY 3354 Banner Bank 52,399.74 52,399.74 52,399.74 0.150 0.148 0.150 1 218848050-0 2002 ESCROW USBANK 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 218848060-0 2006AESCRO USBANK 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 218848070-0 2006BESCRO USBANK 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 218848080-0 2007ESCROW USBANK 07/01/2021 0.00 0.00 0.00 0.000 0.000 1 229462020-2 03-01 ESCROW U.S. Treasury 722,477.47 722,477.47 722,477.47 0.063 0.062 0.063 1 Subtotal and Average 767,693.39 774,877.21 774,877.21 774,877.21 0.068 0.069 1 Letter of Credit 218848006-1 2017B RESER ASSURED GUARANTY MUNICIPAL COR 07/01/2021 1.00 1.00 1.00 0.000 0.000 1 233358006-1 01-2 REFRESI ASSURANCE CO BOND INSURANCE 07/01/2021 1.00 1.00 1.00 0.000 0.000 1 Subtotal and Average 2.00 2.00 2.00 2.00 0.000 0.000 1 Portfolio TEME Data Updated: SET_MTH: 10/13/2021 08:33 NL! CP Run Date: 10/13/2021 - 08:33 PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments July 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 Trust Accounts 6746058700 PARS Pension US Bank Trust 17,214,661.84 17,214,661.84 17,214,661.84 22.770 22.458 22.770 1 Subtotal and Average 17,140,120.89 17,214,661.84 17,214,661.84 17,214,661.84 22.458 22.770 1 Local Agency Investment Funds SYSCITY CITY CA Local Agency Investment Fun 41,135,926.44 41,139,339.49 41,135,926.44 0.339 0.334 0.339 1 SYSRDA RDA CA Local Agency Investment Fun 1,891.02 1,891.18 1,891.02 0.339 0.334 0.339 1 SYSTCSD TCSD CA Local Agency Investment Fun 47,870,432.75 47,874,404.56 47,870,432.75 0.339 0.334 0.339 1 Subtotal and Average 98,613,020.76 89,008,250.21 89,015,635.23 89,008,250.21 0.334 0.339 1 Federal Agency Callable Securities 3133EMQGO 01259 Federal Farm Credit Bank 3133EMK92 01265 Federal Farm Credit Bank 3133EMN57 01266 Federal Farm Credit Bank 3133EMP22 01267 Federal Farm Credit Bank 313OAKQ41 01258 Federal Home Loan Bank 3130ALEU4 01260 Federal Home Loan Bank 3130ALWV2 01261 Federal Home Loan Bank 3130AM2V3 01262 Federal Home Loan Bank 3130AMNMO 01263 Federal Home Loan Bank 3130AMM90 01264 Federal Home Loan Bank 3130AN4N7 01268 Federal Home Loan Bank 3130ANAZ3 01269 Federal Home Loan Bank 3134GBGZ9 01232 Federal Home Loan Mtg Corp 3134GXJL9 01257 Federal Home Loan Mtg Corp Subtotal and Average 12 Federal Agency Bullet Securities 3133EJT74 01249 Federal Farm Credit Bank 3133ELMA9 01254 Federal Farm Credit Bank 3133ELTU8 01256 Federal Farm Credit Bank 3130AHF81 01251 Federal Home Loan Bank 3135GOU92 01250 Federal National Mtg Assn Subtotal and Average ,709,677.42 5,000,000.00 02/10/2021 1,000,000.00 997,510.00 1,000,000.00 0.320 0.316 0.320 1,289 02/10/2025 06/23/2021 1,000,000.00 1,003,170.00 1,000,000.00 0.580 0.572 0.580 1,422 06/23/2025 06/28/2021 1,000,000.00 1,001,770.00 1,000,000.00 0.440 0.434 0.440 1,062 06/28/2024 06/30/2021 1,000,000.00 1,006,180.00 1,000,000.00 0.910 0.898 0.910 1,794 06/30/2026 01/28/2021 1,000,000.00 996,580.00 1,000,000.00 0.520 0.513 0.520 1,641 01/28/2026 02/25/2021 1,000,000.00 998,180.00 1,000,000.00 0.350 0.345 0.350 1,212 11/25/2024 04/21/2021 1,000,000.00 1,005,460.00 1,000,000.00 0.550 1.011 1.025 1,724 04/21/2026 04/29/2021 1,000,000.00 1,003,480.00 1,000,000.00 0.700 0.690 0.700 1,367 04/29/2025 05/27/2021 1,000,000.00 1,001,800.00 1,000,000.00 0.500 0.493 0.500 1,760 05/27/2026 06/10/2021 1,000,000.00 1,001,580.00 1,000,000.00 0.500 1.973 2.000 1,774 06/10/2026 07/14/2021 1,000,000.00 1,006,980.00 1,000,000.00 0.720 0.710 0.720 1,443 07/14/2025 07/28/2021 1,000,000.00 1,000,930.00 1,000,000.00 0.600 0.592 0.600 1,366 04/28/2025 04/27/2017 1,000,000.00 1,009,250.00 1,000,000.00 2.000 1.964 1.991 179 01/27/2022 12/30/2020 1,000,000.00 994,740.00 1,000,000.00 0.500 0.493 0.500 1,612 12/30/2025 14,000,000.00 14,027,610.00 14,000,000.00 0.786 0.797 1,403 11/15/2018 1,000,000.00 1,008,270.00 1,000,000.00 3.050 3.008 3.050 106 11/15/2021 02/07/2020 1,000,000.00 1,024,400.00 1,000,000.00 1.420 1.401 1.420 736 08/07/2023 03/18/2020 1,000,000.00 1,015,910.00 1,000,000.00 0.920 0.907 0.920 960 03/18/2024 10/25/2019 1,000,000.00 1,003,460.00 1,000,000.00 1.600 1.578 1.600 85 10/25/2021 01/11/2019 1,000,000.00 1,011,320.00 1,000,000.00 2.625 2.589 2.625 163 01/11/2022 5,000,000.00 5,063,360.00 5,000,000.00 1.897 1.923 410 Portfolio TEME Data Updated: SET_MTH: 10/13/2021 08:33 NL! CP Run Date: 10/13/2021 - 08:33 PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments July 31, 2021 Average Purchase Stated YTM YTM Days to CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Total and Average 183,041,469.98 167,708,871.69 167,807,226.71 167,708,871.69 2.623 2.659 130 Page 5 Portfolio TEME Data Updated: SET_MTH: 10/13/2021 08:33 NL! CP Run Date: 10/13/2021 - 08:33 PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Cash July 31, 2021 Page 6 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 07/01/2021 9,652.07 9,652.07 9,652.07 0.000 0.000 1 SYSPetty Cash Petty Cash City of Temecula 07/01/2021 3,911.00 3,911.00 3,911.00 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 8,007,802.20 8,007,802.20 8,007,802.20 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2021 9,205.00 9,205.00 9,205.00 0.000 0.000 1 Average Balance 0.00 Total Cash and Investments 183,041,469.98 O 175,739,441.96 175,837,796.98 175,739,441.96 2.623 2.659 130 Portfolio TEME Data Updated: SET_MTH: 10/13/2021 08:33 NL! CP Run Date: 10/13/2021 - 08:33 PM (PRF_PM2) 7.3.0 Cash and Investments Report CITY OF TEMECULA Through July 2021 Fund # Fund Name Beginning Balance Receipts Disbursements Fund Total 001 GENERAL FUND $ 46,444,900.16 $ 10,377,020.69 $ 17,446,473.63 $ 39,375,447.22 002 MEASURE S FUND 24,106,128.47 3,677,859.84 5,949,306.99 21,834,681.32 100 STATE GAS TAX FUND 686,847.27 281,357.21 584,969.94 383,234.54 102 RMRA-ROAD MAINTENANCE REHABILITATION ACT 3,181,861.67 204,240.36 1,801,833.13 1,584,268.90 103 STREETS MAINTENANCE FUND 2,458,415.02 1,002,209.70 24.51 3,460,600.21 106 UPTOWN TEMECULA NEW STREETS IN LIEU FEES 894,156.10 919.19 6.34 895,068.95 120 DEVELOPMENT IMPACT FUND 3,664,895.39 25,228.77 91,881.06 3,598,243.10 125 PEG PUBLIC EDUCATION & GOVERNMENT 532,591.67 77,056.72 21,878.91 587,769.48 145 TEMECULA ENERGY EFFICIENCY ASSET TEAM 838,651.94 740.19 5.94 839,386.19 150 AB 2766 FUND 156,303.07 74.94 21,637.72 134,740.29 160 SUPPLEMENTAL LAW ENFORCEMENT SERVICES 120,102.02 21.02 33,481.38 86,641.66 161 TEMECULA MAJOR CRIMES REWARD FUND 27,162.59 27.92 0.19 27,190.32 165 AFFORDABLE HOUSING 2,085,522.25 24,239.62 24,460.92 2,085,300.95 170 MEASURE A FUND 8,312,523.21 748,414.16 1,141.76 9,059,795.61 190 TEMECULA COMMUNITY SERVICES DISTRICT 766,141.34 1,889,360.06 1,274,235.48 1,381,265.92 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 749,068.41 35,518.47 23,117.53 761,469.35 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 88,406.12 101,991.08 4,546.25 185,850.95 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 30,398.60 266.65 37.17 30,628.08 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 459,793.89 4,167.25 14,556.72 449,404.42 197 TEMECULA LIBRARY FUND 337,820.30 270,267.89 79,023.99 529,064.20 198 PUBLIC ART 90,977.03 736.21 0.65 91,712.59 210 CAPITAL IMPROVEMENT PROJECT FUND 14,266,314.28 1,587,444.50 1,415,279.71 14,438,479.07 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 211,384.25 8.77 0.12 211,392.90 277 CFD-RORIPAUGH 8,288,225.51 147.98 1.02 8,288,372.47 278 CFD-RORIPAUGH II 6,723,323.42 110.53 - 6,723,433.95 300 INSURANCE FUND 1,132,792.28 83,828.62 57,600.35 1,159,020.55 305 WORKER'S COMPENSATION 2,043,630.35 2,708.52 21,101.15 2,025,237.72 310 VEHICLES AND EQUIPMENT FUND 1,694,992.96 339,461.97 14.41 2,034,440.52 320 INFORMATION TECHNOLOGY 575,038.79 1,114,467.38 545,306.45 1,144,199.72 325 TECHNOLOGY REPLACEMENT FUND 1,361,241.97 344,888.37 61,343.28 1,644,787.06 330 CENTRAL SERVICES - 39,015.54 19,397.21 19,618.33 335 CENTRAL SERVICES 259,055.83 58,918.73 2.23 317,972.33 340 FACILITIES 422,044.74 323,223.66 134,567.88 610,700.52 350 FACILITY REPLACEMENT FUND (74,580.31) 198,607.61 0.88 124,026.42 380 SARDA DEBT SERVICE FUND 13,140,956.33 227.98 - 13,141,184.31 381 REDEVELOPMEN PROPERTY TAX TRUST 2,731,700.96 647.07 19.35 2,732,328.68 460 CFD 88-12 DEBT SERVICE FUND 95,262.47 97.92 0.68 95,359.71 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 1,394,277.75 16,491.04 1,800.66 1,408,968.13 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 2,310,544.38 14,018.14 1,800.23 2,322,762.29 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 4,958.25 37.42 1.46 4,994.21 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 3,241,311.64 17,498.60 1,998.60 3,256,811.64 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 623,094.83 5,242.39 1,800.28 626,536.94 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 1,409,929.18 8,360.48 2,014.91 1,416,274.75 478 CFD-RORIPAUGH II 5,403,101.88 680.28 1,891.10 5,401,891.06 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 14,618.93 619.39 896.42 14,341.90 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 113,999.56 464.76 2,844.67 111,619.65 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 52,778.27 345.18 6,639.55 46,483.90 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 4,917.20 27.32 209.39 4,735.13 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 34,979.60 380.22 4,371.40 30,988.42 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 38,706.37 570.73 2,536.19 36,740.91 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 10,676.71 142.03 857.80 9,960.94 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 115,520.85 1,714.18 8,054.88 109,180.15 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 31,538.34 100.22 587.42 31,051.14 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 15,219.86 13.83 350.76 14,882.93 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 3,844.13 178.61 88.17 3,934.57 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 119,480.10 1,565.96 4,385.08 116,660.98 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP 32,246.78 310.95 1,976.91 30,580.82 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 12,876.61 234.15 764.42 12,346.34 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 12,715.96 186.27 881.64 12,020.59 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 69,855.01 331.73 4,057.35 66,129.39 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 2,273.36 94.05 62.06 2,305.35 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 62,699.39 1,547.76 2,166.74 62,080.41 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 89,286.98 1,025.48 2,871.94 87,440.52 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 258,808.83 3,303.73 30,267.64 231,844.92 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 220,054.95 2,674.10 28,672.02 194,057.03 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 10,750.42 68.37 101.77 10,717.02 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 23,549.43 163.17 129.30 23,583.30 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 64,635.26 2,361.59 12,666.68 54,330.17 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 70,633.39 376.85 932.64 70,077.60 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2,000.36 1.67 67.66 1,934.37 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 9,884.79 79.03 694.91 9,268.91 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 672,754.49 2,752.98 23,698.81 651,808.66 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 4,866.79 421.63 99.21 5,189.21 530 SERVICE LEVEL"C"ZONE 30 FUTURE ZONES 36,245.38 37.26 0.26 36,282.38 701 PENSION RATE STABILIZATION FUND $ 17,137,636.19 77,025.65 - $ 17,214,661.84 Grand Total: $ 182,641,322.55 $ 22,976,970.29 $ 29,780,495.86 $ 175,837,796.98 Journal Entries completed after June's Treasurer's Report was issued are reflected in the Receipts / Disbursements columns. CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: October 26, 2021 SUBJECT: Approve Financial Statements for the 4th Quarter Ended June 30, 2021 PREPARED BY: Jada Shafe, Senior Accounting Technician Lauren Garcia, Accounting Assistant RECOMMENDATION: That the City Council: 1. Receive and file the Financial Statements for the 4th Quarter Ended June 30, 2021; and 2. Approve the following Fiscal Year 2020-21 Appropriations: a. Increase the Emergency Management budget by $8,400 b. Increase the CIP Administration budget by $17,500 c. Increase the PERS Replacement Benefit budget by $9,100 3. Appropriate $2,000,000 of the year-end General Fund surplus to the Pension Trust (PARS), in accordance with Budget Policy XII in Fiscal Year 2021-22. BACKGROUND: The attached Financial Statements reflect the unaudited activity of the City for the 4th Quarter Ended June 30, 2021. FISCAL IMPACT: None ATTACHMENTS: 1. Combining Balance Sheet as of June 30, 2021 2. Statement of Revenues, Expenditures and Changes in Fund Balance -Budget and Actual for the 4th Quarter Ended June 30, 2021 (General Fund, Special Revenue Funds, Capital Improvement Fund, Debt Service Fund) 3. Combining Statement of Net Position as of June 30, 2021 4. Combining Statement of Revenues, Expenses and Changes in Net Position for the 4th Quarter Ended June 30, 2021 (Internal Service Funds) 5. Statement of Net Position - Fiduciary Fund California Employee Retiree Benefit Trust (CERBT) Fund and Pension Rate Stabilization Fund as of June 30, 2021 6. Statement of Changes in Fiduciary Net Position — Fiduciary Fund (CERBT) and Pension Rate Stabilization Fund for the 4th Quarter Ended June 30, 2021 CITY OF TEMECULA COMBINING BALANCE SHEET As of June 30, 2021 Streets Uptown General Measure S State Gas Road Maintenance Maintenance Temecula New Fund Fund Tax Fund Rehabilitation Act Fund Streets In Lieu Fees ASSETS: Cash and Investments $ 30,714,753 $ 18,156,977 $ 101,877 $ 1,380,053 $ 3,459,036 $ 894,498 Receivables 29,540,097 7,058,626 282,249 205,277 2,458 893 Due from Other Funds 779,835 - - - - Advances to SARDA - - Deposits 1,325 Inventory 3,058 Land Held for Resale - - - - - TOTAL ASSETS $ 61,039,067 $ 25,215,603 $ 384,126 $ 1,585,330 $ 3,461,494 $ 895,391 LIABILITIES: Due to Other Funds $ - $ $ 282,249 $ $ $ Other Current Liabilities 14,728,731 - TOTAL LIABILITIES 14,728,731 - 282,249 - - - DEFERRED INFLOWS OF RESOURCES: Unavailable Revenues 1,066,396 - INFLOWS OF RESOURCES 1,066,396 FUND BALANCES: Nonspendable: Deposits 1,325 Inventory 3,058 Land Held for Resale - Restricted For: Community Development Projects Capital Projects 1,585,330 Law Enforcement - Public Education - - - Public Works 101,877 3,461,494 895,391 Reward - - - - Committed To: Contractual Obligation - Encumbrances 592,136 Economic Uncertainty (20%) 14,286,035 Secondary Reserve (5%) 3,571,509 Assigned To: Capital Projects 2,100,000 Pechanga-funded Police support 326,810 Unrealized Gains 56,910 - Unassigned 24,306,158 25,215,603 - - - TOTAL FUND BALANCES 45,243,940 25,215,603 101,877 1,585,330 3,461,494 895,391 TOTAL LIABILITIES, DEFERRED INFLOWS OF RESOURCES, and FUND BALANCES $ 61,039,067 $ 25,215,603 $ 384,126 $ 1,585,330 $ 3,461,494 $ 895,391 NOTE: Balances are unaudited CITY OF TEMECULA COMBINING BALANCE SHEET As of June 30, 2021 Assembly Public Community Temecula Supplemental Development Education & Development Energy Bill 2766 Law Cares Act Impact Fund Government Block Grant Efficiency Motor Enforcement Fund Fund Asset Team Vehicle Services Fund Subvention ASSETS: Cash and Investments $ $ 3,573,040 $ 609,315 $ 393,944 $ 838,850 $ 134,666 $ 86,621 Receivables 9,598 34,874 676,901 888 37,635 34 Due from Other Funds - - - - - - Advances to SARDA Deposits Inventory Land Held for Resale - - - - - - TOTAL ASSETS $ $ 3,582,638 $ 644,189 $ 1,070,845 $ 839,738 $ 172,301 $ 86,654 LIABILITIES: Due to Other Funds $ $ - $ - $ 603,688 $ - $ - $ 34 Other Current Liabilities 17,659 20,528 73,213 - TOTAL LIABILITIES 17,659 20,528 676,901 34 DEFERRED INFLOWS OF RESOURCES: Unavailable Revenues - - 676,901 - INFLOWS OF RESOURCES 676,901 FUND BALANCES: Nonspendable: Deposits - Inventory Land Held for Resale - Restricted For: Community Development Projects - 393,944 - Capital Projects 3,564,979 - 172,301 - Law Enforcement - - 86,621 Public Education 623,661 - Public Works - 839,738 Reward - Committed To: Contractual Obligation - Encumbrances Economic Uncertainty (20%) Secondary Reserve (5%) Assigned To: Capital Projects Pechanga-funded Police support Unrealized Gains Unassigned - - (676,901) - - - TOTAL FUND BALANCES 3,564,979 623,661 (282,957) 839,738 172,301 86,621 TOTAL LIABILITIES, DEFERRED INFLOWS OF RESOURCES, and FUND BALANCES $ $ 3,582,638 $ 644,189 $ 1,070,845 $ 839,738 $ 172,301 $ 86,654 NOTE: Balances are unaudited CITY OF TEMECULA COMBINING BALANCE SHEET As of June 30, 2021 Temecula Financing Major Affordable Crimes Housing Measure A Capital Project Lease Civic Financing TOTAL Reward Fund Fund Fund Center and Lease MRC Fund CRC ASSETS: Cash and Investments $ 27,173 $ 2,080,829 $ 8,315,377 $ 15,660,403 $ $ $ 86,427,411 Receivables 34 28,840,316 1,158,800 6,483,940 74,332,620 Due from Other Funds - - - 106,136 885,971 Advances to SARDA 5,250,954 - 5,250,954 Deposits - 1,325 Inventory - 3,058 Land Held for Resale 4,400,388 - - 4,400,388 TOTAL ASSETS $ 27,207 $ 40,572,487 $ 9,474,176 $ 22,250,479 $ $ $ 171,301,727 LIABILITIES: Due to Other Funds $ $ - $ - $ $ $ $ 885,971 Other Current Liabilities 15,368 43,540 2,555,769 17,454,808 TOTAL LIABILITIES 15,368 43,540 2,555,769 18,340,779 DEFERRED INFLOWS OF RESOURCES: Unavailable Revenues 28,502,501 - 5,593,691 35,839,489 INFLOWS OF RESOURCES 28,502,501 5,593,691 35,839,489 FUND BALANCES: Nonspendable: Deposits - - 1,325 Inventory - 3,058 Land Held for Resale 4,400,388 4,400,388 Restricted For: Community Development Projects 7,654,230 - 8,048,174 Capital Projects - 9,430,636 14,753,247 Law Enforcement - 86,621 Public Education 623,661 Public Works 5,298,500 Reward 27,207 27,207 Committed To: Contractual Obligation - Encumbrances - 592,136 Economic Uncertainty (20%) 14,286,035 Secondary Reserve (5%) - 3,571,509 Assigned To: Capital Projects 14,101,019 16,201,019 Pechanga-funded Police support - 326,810 Unrealized Gains 56,910 Unassigned - - 48,844,860 TOTAL FUND BALANCES 27,207 12,054,618 9,430,636 14,101,019 117,121,459 TOTAL LIABILITIES, DEFERRED INFLOWS OF RESOURCES, and FUND BALANCES $ 27,207 $ 40,572,487 $ 9,474,176 $ 22,250,479 $ $ $ 171,301,727 NOTE: Balances are unaudited CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERALFUND for the 4th Quarter Ended June 30, 2021 REVENUES: Sales Tax Sales Tax Sharing Agreement Franchise Fees Motor Vehicle In Lieu Property Tax- Secured/Unsecured Property Tax in Lieu of VLF Property Tax Relief (Homeowner) Property Transfer Tax Residual RPTTF Distribution Transient Occupancy Tax Vehicle Code Fines Development Services: Building & Safety Fire Land Development Planning Park Maintenance Public Works Police Bids and Proposals Business Licenses Investment Interest Lease Income Miscellaneous Rental Income Right of Way Advertising AB1379 Collection State Fee/SB1186 State Fee Operating Transfers In Measure S CARES Act Development Impact Fees (DIF) SLESF State Gas Tax Reimbursements: CIP Mandated Cost Pechanga IGA Other TOTALREVENUES Annual Amended Total Percentage Budget Activity of Budget $ 36,177,000 $ 42,573,718 118% (1) (1,245,053) (1,216,873) 98% 3,562,656 3,724,781 105% 55,415 82,123 148% 8,071,208 8,097,252 100% 8,801,658 8,798,060 100% 74,615 70,495 94% 780,787 1,159,383 148% (2) 300,000 86,713 29% (3) 2,620,575 3,022,209 115% (4) 249,674 346,041 139% (5) 1,603,275 2,282,931 142% (6) 893,915 1,038,946 116% (7) 1,005,805 2,292,104 228% (8) 682,502 769,219 113% (9) 1,948,711 1,966,884 101% 92,000 92,054 100% 438,745 389,709 89% (10) 4,750 4,750 100% 255,000 256,845 101% (117,700) (319,653) 272% (11) 7,500 8,126 108% 31,918 98,304 308% (12) 74,142 58,254 79% (13) 23,640 14,400 61% (14) 29,140 9,676 33% 5,944,780 5,944,780 100% 1,382,508 1,382,508 100% - 90,000 0% (15) 279,185 279,185 100% 2,639,716 2,513,170 95% 2,435,827 2,196,284 90% (16) 44,000 33,532 76% 356,567 688,803 193% (17) 31,809 39,526 124% $ 79,536,270 $ 88,874,239 112% Notes: (1) Sales Taxes are higher than budget due to increased auto sales, reopenings of major retailers, increased construction and higher priced building materials, and increased online purchases. (2) The variance is due to greater property sales than expected during the pandemic period. (3) The variance is due to a recent appellate court decision that impacted the way residual distributions were calcuated by Counties. (4) The variance is due to increased occupancy and higher average daily room rates. (5) The variance is due to increases in the number of issued citations. (6) The variance is due increased permit activity for general residential home improvement permits and commercial tenant improvement permits. (7) The variance is due to greater plan check services as a result of increased home and commercial projects. (8) The variance is due to increased final map and improvement plans for various development projects. (9) The variance is due to increased planning applications received for prospective residential and commercial development projects. (10) The variance is due to less reimbursements of DUI eligible costs and reduction in fingerprinting service fees. (11) The variance is due to the change in the fair value on investments and fluctuating interest rates. (12) The variance is due to the sale of surplus property. (13) The variance is due to extension of a rent waiver to Temecula Valley Convention & Visitor Bureau, as well as tenant loss at Temecula Valley Entrepreneur's Exchange (14) The variance is due to a reduction in the number of panel rentals displayed on the public right of way. (15) The variance is due to the partial repayment of an advance made to the DIF Fund for the rehabilitation of Fire Station #73. (16) The variance is due to less than anticipated reimbursements from Capital Improvement Projects. (17) The variance is due to delayed receipt of reimbursements originally due in the prior fiscal year. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERALFUND for the 4th Quarter Ended June 30, 2021 Annual year -to -Date Year -to -Date Percentage Amended Activity Encumbrances Activity and of Budget Budget Encumbrances EXPENDITURES: City Council $ 592,662 $ 474,860 $ 15,899 $ 490,759 83% Community Support 125,000 109,082 - 109,082 87% City Manager 1,631,334 1,553,078 8,156 1,561,234 96% Economic Development 1,672,987 1,441,650 4,087 1,445,737 86% Emergency Management 477,809 486,178 - 486,178 102% City Clerk 1,311,453 1,244,116 13,223 1,257,339 96% City Attorney 961,146 426,146 - 426,146 44% Finance 2,600,964 2,468,771 57,616 2,526,387 97% Human Resources 1,155,178 919,263 50,250 969,513 84% Planning 3,027,220 2,269,034 74,490 2,343,524 77% Building & Safety 3,299,788 3,116,141 37,435 3,153,576 96% Land Development 1,806,405 1,599,976 68,603 1,668,579 92% Public Works 6,268,854 5,069,156 217,155 5,286,311 84% CIP Administration 2,389,172 2,406,605 22,013 2,428,618 102% Parks Maintenance 4,008,006 3,892,486 4,052 3,896,538 97% Police 35,990,468 34,833,531 9,520 34,843,051 97% Fire 10,406,302 7,465,541 9,637 7,475,178 72% Animal Control 451,877 451,864 - 451,864 100% Non Departmental Property Tax Admin 94,195 94,172 94,172 100% Retiree Medical Contribution 1,000,000 1,000,000 1,000,000 100% PERS Replacement Benefit 99,434 108,524 - 108,524 109% TOTAL EXPENDITURES (excluding transfers) 79,370,255 71,430,174 592,136 72,022,310 91% Revenues Over/(Under) Expenditures 166,015 17,444,065 Other Financing Sources/(Uses): Operating Transfer Out 2018 Financing Lease (Civic Center) (2,077,767) (2,077,767) 2018 Financing Lease (MRC) (555,808) (555,808) Capital Improvement Program (362,077) (100,000) Pension Rate Stabilization (2,000,000) (2,000,000) Total Other Financing Sources/(Uses) (4,995,652) (4,733,575) Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) (4,829,637) 12,710,490 Beginning Fund Balance as of 7/01/2020 32,533,450 32,533,450 Ending Fund Balance as of 6/30/2021 $ 27,703,813 $ 45,243,940 (1) (2) (3) (4) (5) (6) (7) (8) (9) Notes: (1) City Council variance is a combination of reduced activity in expenditure line items such as Consulting Services, Printing, Telephone, Conferences/Professional Meetings, and Other Outside Sevices due to the ongoing pandemic and one Council member position vacant for the first two quarters. (2) The variance for Community Support is due to lower than anticipated expenditure activity for Community Grants and Council Discretionary spending. (3) Economic Development Division variance is due to reduced activity for the banner program and promotional program, and due to cancellation of events such as the Temecula Valley Balloon & Wine Festival. The Workforce Development Division savings is due to reduced staffing due to COVID-19 which resulted in savings in Project Salaries and the Intern/Fellowship Program as well as reduced sponsorship activity. The Business Incubator Division realized savings in the Facilities Internal Services Fund allocation due to reduced facilities/maintenance activity at the TVE2 as well as reduced staffing in Project Salaries due to the pandemic. (4) The variance for City Attorney expenditures on litigation/legal support is due to less activity than anticipated. (5) Human Resources variance is due to lower than anticipated Legal Services, reduced activity for Staff Training & Education and Consulting Services expenditures as a result of the ongoing pandemic. (6) Planning variance is due to lower than anticipated expenditure activity in Consulting Services including contract planning services, appraisal services, general legal services for application review and landscape plan check & inspection services. The Outside Services expenditures were lower than expected due to fewer on -call consultant services and planning support services. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERALFUND for the 4th Quarter Ended June 30, 2021 (7) Public Works variance is due to lower than anticipated expenditures in the Street Maintenance division for Overtime Wages, Repair & Maintenance - Vehicles, Maintenance Supplies and Staff Education & Training. The Traffic Engineering division recognized savings in Other Outside Servcies due to reduced traffic equipment repair service; Old Town Maintenance division for Project Salaries and Other Outside Services; and the NPDES division for Consulting Services. Additionally, the NPDES Compliance permit amount was lower than anticipated. (8) The savings realized in the Police Department are due to a combination of vacancies and more favorable contract rate than anticipated. (9) Fire variance is due to contract savings passed through from the Statewide reduction in CalFire wages. Additional savings were realized due to lower than anticipated expenditures such as Repair and Maintenance line items, Other Outside Services, CPR Program, EMS Enhancements, Public Safety Education, and Paramedic Supplies. There was also a delay in the purchase of the medic squad vehicles. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL MEASURE S FUND for the 4th Quarter Ended June 30, 2021 REVENUES: Measure S (Transactions and Use Tax) Investment Interest TOTALREVENUES Other Financing Sources (Uses): Operating Transfers In Operating Transfers Out: General Fund Streets Maintenance TCSD Operations TCSD Service Level B Library Services Vehicle Replacement Information Technology Technology Replacement Facility Replacement Capital Improvement Program Total Transfers Out Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2020 Ending Fund Balance as of 6/30/2021 Annual Total Percentage of Amended Activity Budget Budget $ 27,734,000 $ 33,484,758 121% 20,800 40,651 195% 27,754,800 33,525,409 121% - - 0% (5,944,780) (5,944,780) 100% (2,000,000) (2,000,000) 100% (7,897,243) (7,897,243) 100% (73,168) (73,168) 100% (847,181) (847,181) 100% (500,000) (500,000) 100% (260,000) (260,000) 100% (500,000) (500,000) 100% (500,000) (500,000) 100% (23,240,449) (5,233,125) 23% (41,762,821) (23,755,497) 57% (14,008,021) 15,445,691 $ 1,437,670 9,769,912 15,445,691 $ 25,215,603 (3) Notes: (1) Measure S Tax was higher than budget due to increased auto sales, reopenings of major retailers, increased construction and higher priced building materials. (2) The variance is due to the change in the fair value on investments and fluctuating interest rates. (3) Transfers to occur as program expenditures are incurred. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL STATE GAS TAX FUND for the 4th Quarter Ended June 30, 2021 Annual Total Percentage Amended Activity of Budget Budget REVENUES: Section 2103 - 2107 Investment Interest TOTAL REVENUES EXPENDITURES: Operating Expenses TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Other Financing Sources (Uses): Transfers Out - General Fund Beginning Fund Balance as of 7/01/2020 Ending Fund Balance as of 6/30/2021 $ 2,639,716 $ 2,511,401 95% - 1,768 100% 2,639,716 2,513,170 95% 2,639,716 2,513,170 (2,639,716) (2,513,170) 95% 101,877 101,877 $ 101,877 $ 101,877 Notes: (1) The variance is due to the change in the fair value on investments and fluctuating interest rates. H CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL ROAD MAINTENANCE REHABILITATION ACT for the 4th Quarter Ended June 30, 2021 REVENUES: RMRA Investment Interest TOTAL REVENUES EXPENDITURES: Operating Expenses TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Other Financing Sources/(Uses): Transfers Out - CIP Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2020 Ending Fund Balance as of 6/30/2021 Annual Total Percentage Amended Activity of Budget Budget $ 2,031,337 $ 2,058,949 101% 13,000 4,692 36% 2,044,337 2,063,640 101 % 2,044,337 2,063,640 (3,097,213) (1,802,742) 58% (3,097,213) (1,802,742) (1,052,876) 1,324,432 $ 271,556 260,898 1,324,432 $ 1,585,330 Notes: (1) The variance is due to the change in the fair value on investments and fluctuating interest rates. (2) Transfers to CIP will occur as project expenditures are incurred. 1E (2) CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL STREETS MAINTENANCE FUND for the 4th Quarter Ended June 30, 2021 Annual Total Percentage Amended Activity of Budget Budget REVENUES: Investment Interest $ 12,500 $ 3,953 32% TOTAL REVENUES 12,500 3,953 32% EXPENDITURES: Operating Expenses - - TOTAL EXPENDITURES - - Other Financing Sources/(Uses): Transfer In - Measure S 2,000,000 2,000,000 Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) 2,012,500 2,003,953 Beginning Fund Balance as of 7/01/2020 1,457,541 1,457,541 Ending Fund Balance as of 6/30/2021 $ 3,470,041 $ 3,461,494 Notes: (1) The variance is due to the change in the fair value on investments and fluctuating interest rates. IE CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL UPTOWN TEMECULA NEW STREETS IN LIEU FEES for the 4th Quarter Ended June 30, 2021 Annual Total Percentage Amended Activity of Budget Budget REVENUES: Jefferson Street In Lieu Fees Investment Interest TOTALREVENUES EXPENDITURES: Operating Expenses TOTAL EXPENDITURES Other Financing Sources/(Uses): Transfer In - Measure S Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2020 Ending Fund Balance as of 6/30/2021 222,718 - $ - $ 2,674 222,718 2,674 222,718 2,674 892,717 892,717 $ 1,115,435 $ 895,391 Notes: (1) The variance in Jefferson St in Lieu Fees revenues is due to the timing of issuance of development permits. (2) The variance is due to the change in the fair value on investments and fluctuating interest rates. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CARES ACT for the 4th Quarter Ended June 30, 2021 Annual Total Percentage Amended Activity of Budget Budget REVENUES: Grants TOTALREVENUES EXPENDITURES: Operating Expenses TOTAL EXPENDITURES Other Financing Sources/(Uses): Transfers Out - General Fund Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2020 Ending Fund Balance as of 6/30/2021 1,382,508 1,382,508 100% 1,382,508 1,382,508 100% (1,382,508) (1,382,508) (1,382,508) (1,382,508) Notes: (1) Federal 2020 Coronavirus Aid Relief and Economic Security Act (CARES) grant revenue received through an allocation from the State of California to assist Temecula in its response to the global pandemic. IE CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL DEVELOPMENT IMPACT FEES FUND for the 4th Quarter Ended June 30, 2021 Annual Amended Budget REVENUES: Open Space $ 84,653 Investment Interest 18,000 Quimby 30,923 Street Improvements 662,789 Traffic Signals 94,211 Parks & Recreation 290,424 Corporate Facilities 249,811 Fire Protection 58,692 Library 365,858 Police 79,958 TOTAL REVENUES 1,935,319 EXPENDITURES: Operating Expenses - TOTAL EXPENDITURES Excess (Deficiency) of Revenues Over (Under) Expenditures 1,935,319 Other Financing Sources (Uses): Transfers In - Transfers Out (2,205,438) Total Other Financing Sources (Uses) (2,205,438) Net Change in Fund Balances (270,119) Beginning Fund Balance as of 7/01/2020 2,592,355 Ending Fund Balance as of 6/30/2021 $ 2,322,236 Total Activity $ 124,133 7,652 34,441 618,369 88,094 425,874 250,535 83,599 380,954 74,808 2,088,459 Percentage of Budget 147% 43% 111% 93% 94% 147% 100% 142% 104% 94% 108% 0% - 0% 2,088,459 (1,115,835) (1,115,835) 972,624 2,592,355 $ 3,564,979 0% 51% H (2) Notes: (1) The variance in Development Impact Fees Fund (DIF) revenues is due to the timing of issuance of development permits. (2) Transfers to CIP will occur as project expenditures are incurred. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL PUBLIC EDUCATION & GOVERNMENT FUND for the 4th Quarter Ended June 30, 2021 Annual YTD Total Percentage of Amended Activity Encumbrances Activity Budget Budget REVENUES: PEG Fees Revenues $ 220,219 $ 215,696 $ $ 215,696 98% Investment Interest 2,000 1,277 1,277 64% (1) TOTAL REVENUES 222,219 216,973 216,973 98% EXPENDITURES: Operating Expenses - Equipment 100,000 21,122 21,122 21% (2) TOTAL EXPENDITURES 100,000 21,122 21,122 21% Revenues Over/(Under) Expenditures 122,219 195,851 Beginning Fund Balance as of 7/01/2020 427,810 427,810 Ending Fund Balance as of 6/30/2021 $ 550,029 $ 623,661 Notes: (1) The variance is due to the change in the fair value on investments and fluctuating interest rates (2) Operating Expenses - projects are in process. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL COMMUNITY DEVELOPMENT BLOCK GRANT for the 4th Quarter Ended June 30, 2021 Annual YTD Percentage of Amended Activity Encumbrances Total Activity Budget Budget REVENUES: Grant Revenue $ 1,913,046 $ 63,908 $ $ 63,908 3% (1) Grant Revenue (CDBG-CV) 329,000 - - 0% (1) TOTAL REVENUES 2,242,046 63,908 63,908 3% EXPENDITURES: Salaries and Wages 112,627 106,706 2,167 108,873 97% Operating Expenses 193,489 135,058 37,730 172,788 89% CDBG-CV Grants 819,764 - - - 0% (2) Temecula Assist Grants 329,000 329,000 - 329,000 100% TOTAL EXPENDITURES 1,454,880 570,764 39,897 610,661 39% Excess (Deficiency) of Revenues Over (Under) Expenditures 787,166 (506,856) Other Financing Sources (Uses): Transfers In 412,056 412,056 100% Transfers Out (821,620) (124,248) Transfers Out -CIP (313,693) - 0% (1) Total Other Financing Sources (Uses) (723,257) 287,808 Net Change in Fund Balances 63,909 (219,048) Beginning Fund Balance as of 7/01/2020 (63,909) (63,909) Ending Fund Balance as of 6/30/2021 $ $ (282,957) (3) Notes: (1) CDBG Revenue is recognized as eligible expenditures are incurred and amounts are available. (2) The variance in CDBG-CV Grant expenditures are due to the delayed timing of the program launch and the receipt of applications from eligible residents needing assistance with their mortgage or rent due to the global pandemic. (3) The City has initiated drawdowns of funds from HUD totaling $676,901 for FY20-21 reimburseable expenditures. Since these funds will not be received within the availabiliity period of 60 days following the close of FY20-21, they will be recorded as FY21-22 revenues. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL TEMECULA ENERGY EFFICIENCY ASSET MANAGEMENT TEAM for the 4th Quarter Ended June 30, 2021 Annual Total Percentage of Amended Activity Budget Budget REVENUES: Reimbursements $ 640,754 $ 640,755 100% Investment Interest 1,300 573 44% TOTAL REVENUES 642,054 641,328 100% Other Financing Sources/(Uses): Transfers Out (200,000) - Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) 442,054 641,328 Beginning Fund Balance as of 7/01/2020 198,410 198,410 Ending Fund Balance as of 6/30/2021 $ 640,464 $ 839,738 Notes: (1) The variance is due to the change in the fair value on investments and fluctuating interest rates. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL ASSEMBLY BILL 2766 MOTOR VEHICLE SUBVENTION FUND for the 4th Quarter Ended June 30, 2021 REVENUES: AB 2766 Investment Interest TOTALREVENUES EXPENDITURES: Other Outside Services TOTAL EXPENDITURES Excess (Deficiency) of Revenues Over (Under) Expenditures Other Financing Sources (Uses): Transfers Out Net Change in Fund Balances Beginning Fund Balance as of 7/01/2020 Ending Fund Balance as of 6/30/2021 Annual Amended Total Activity Percentage of Budget Budget $ 151,870 $ 146,208 96% 1,500 (55) -4% 153,370 146,153 95% 10,200 0% 10,200 - 0% 143,170 146,153 (106,700) 10,934 -10% 36,470 157,087 15,214 15,214 $ 51,684 $ 172,301 Notes: (1) The variance is due to the change in the fair value on investments and fluctuating interest rates. (2) Transfers Out to CIP will be recorded as Capital Project expenditures are incurred. (2) CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) for the 4th Quarter Ended June 30, 2021 Annual Total Percentage of Amended Activity Budget Budget REVENUES: AB 3229 - COPS Investment Interest TOTALREVENUES Other Financing Sources (Uses): Transfers Out Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) Beginning Fund Balance as of 7/01/2020 Ending Fund Balance as of 6/30/2021 $ 278,695 $ 365,455 490 350 279,185 365,806 (279,185) (279,185) 86,621 $ $ 86,621 131% (1) 71% (2) 131% 100% (3) Notes: (1) The variance is due to prior year revenues that were received in the current year. (2) The variance is due to the change in the fair value on investments and fluctuating interest rates. (3) Transfers Out reflects the transfer of revenue to the General Fund to support Police activity. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL TEMECULA MAJOR CRIMES REWARD FUND for the 4th Quarter Ended June 30, 2021 Annual Percentage of Amended Total Activity Budget Budget REVENUES: Investment Interest $ 180 $ 83 46% (1) TOTALREVENUES 180 83 46% EXPENDITURES: Other Outside Services TOTAL EXPENDITURES Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) 180 83 Beginning Fund Balance as of 7/01/2020 27,124 27,124 Ending Fund Balance as of 6/30/2021 $ 27,304 $ 27,207 (2) Notes: (1) The variance is due to the change in the fair value on investments and fluctuating interest rates. (2) The time allowed for the reward for the two crimes established for this reward has elapsed. The funds will be transferred back to the General Fund in Fiscal Year 2021-22, in accordance with the Resolutions establishing the reward programs. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL AFFORDABLE HOUSING FUND for the 4th Quarter Ended June 30, 2021 Annual Amended Budget REVENUES: Contributions to Agency Trust $ 250,000 $ Investment Interest 4,700 Reimbursements 53,200 Rental Income 85,400 TOTAL REVENUES 393,300 EXPENDITURES: OPERATING EXPENDITURES YTD Total Encumbrances Percentage Activity Activity of Budget 250,000 $ $ 250,000 100% 5,883 5,883 125% 41,869 41,869 79% 84,019 84,019 98% 381,771 381,771 97% Salaries & Benefits 279,365 225,918 - 225,918 Operating and Administrative Expenditures 295,399 58,646 11,344 69,990 TOTAL EXPENDITURES 574,764 284,564 11,344 295,908 Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) (181,464) 97,207 Other Financing Sources/(Uses): Transfers Out (1,301,719) - Total Other Financing Sources (Uses) (1,301,719) - Net Change in Fund Balances (1,483,183) 97,207 Beginning Fund Balance as of 7/01/2020 11,957,411 11,957,411 Ending Fund Balance as of 6/30/2021 $ 10,474,228 $ 12,054,618 Notes: (1) The variance is due to the change in the fair value on investments and fluctuating interest rates. (2) The variance is due to a lower than expected residual receipt distribution from the 28500 Pujol St. project. (3) The variance is due to lower than anticipated legal services and operating expenditures. 81% 24% 51% (3) CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL MEASURE A FUND for the 4th Quarter Ended June 30, 2021 Annual Amended Total Encumbrances Total Activity Activity Budget REVENUES: Investment Interest $ 35,800 $ 20,949 $ Measure "A" 2,783,000 3,969,257 TOTAL REVENUES 2,818,800 3,990,206 EXPENDITURES: Street Maintenance 3,520,878 2,157,646 TOTAL EXPENDITURES 3,520,878 2,157,646 Revenues Over/(Under) Expenditures (702,078) 1,832,560 Other Financing Sources/(Uses): Transfers Out (6,347,510) (143,600) Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) (7,049,588) 1,688,960 Beginning Fund Balance as of 7/01/2020 7,741,676 7,741,676 Ending Fund Balance as of 6/30/2021 $ 692,088 $ 9,430,636 $ 20,949 3,969,257 3,990,206 Percentage of Budget 59% (1) 143% (2) 142% 41,010 2,198,656 62% 41,010 2,198,656 62% (3) Notes: (1) The variance is due to the change in the fair value on investments and fluctuating interest rates. (2) The variance is due to increased auto sales, reopenings of major retailers, increased construction, and higher priced building materials. (3) The variance is due to less than anticipated spending on routine street maintenance. CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT PROJECTS FUND for the 4th Quarter Ended June 30, 2021 Account Annual Amended Year -to -Date Encumbrances Total Activity Percentage Number Budget Activity of Budget REVENUE: Operating Transfers In $ 45,093,190 $ 6,081,039 $ $ 6,081,039 13% Operating Transfers In - Measure S 18,428,120 5,233,125 5,233,125 28% Federal/State/Local Grants 109,034,423 1,340,907 1,340,907 1% Development Impact Fees 2,205,438 1,025,835 1,025,835 47% Reimbursements Other 1,733,578 1,435,127 1,435,127 83% Reimbursements TUMF 13,554,625 - - 0% Investment Interest - 75,560 75,560 100% TOTALREVENUE 190,049,374 15,191,593 15,191,593 8% (1) EXPENDITURES: Pechanga Parkway Environmental 265-516 188,500 2,023 2,023 1% Pedestrian Signal Equipment Upgrade 265-518 945,485 1,848 23,165 25,013 3% Diaz Road Expansion 265-521 856,792 339,554 278,898 618,452 72% Traffic Cameras Communication Equipment 265-523 136 - - - 0% Cherry St Ext Murrieta Creek 265-524 577,657 181,395 258,916 440,311 76% Citywide Buffered Bike Lane Striping 265-526 92,527 - - - 0% Pechanga Parkway Widening 265-530 242,210 (16,439) (16,439) -7% Ynez Road Improvements, ph 1 265-534 - - - 0% Ynez Road Improvements, ph II 265-535 624,671 - 143,719 143,719 23% Fiber Optic Communication System 265-550 1,202,033 858 - 858 0% Overland Drive Extension Commerce Center Drive to West of Enterprise Circle) 265-602 564,175 87,517 1,479 88,996 16% Illuminated Street Name Sign Replace 265-603 100,000 72,384 27,496 99,880 100% Improvements 265-604 11,639,788 3,074 - 3,074 0% Improv 265-605 999,555 167,726 101,328 269,054 27% 1-15 Congestion Relief 265-609 868,524 593,627 244,933 838,560 97% Traffic Signal System Upgrade 265-610 538,641 28,349 15,766 44,115 8% Plan 265-612 269,872 12,533 12,725 25,258 9% PW-Roundabout Improvements on Ynez Road 265-613 57,668 - - - 0% Medians and Parkway Citywide 265-622 228,000 - - - 0% Murrieta Creek Bridge @ Overland 265-648 1,489,450 229,710 1,147,582 1,377,292 92% Pavement Rehabilitation Program - Winchester Road 265-650 385,960 - - - 0% Pavement Rehabilitation Program - Citywide 265-655 9,717,395 2,356,464 4,506,338 6,862,802 71% Interstate-15 / State Route 79 South Ultimate Interchange 265-662 2,961,470 142,498 198,158 340,656 12% Flashing Beacons & Speed Advisory Signs 265-670 116,963 62,221 - 62,221 53% CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT PROJECTS FUND (continued) for the 4th Quarter Ended June 30, 2021 Account Annual Amended Year -to -Date Percentage Number Budget Activity Encumbrances Total Activity of Budget EXPENDITURES - contd: Traffic Signal Equipment Replacement Program -Citywide 265-680 1,294,394 80,765 - 80,765 6% Traffic Signal Installation -Citywide 265-682 606,948 58,793 4,174 62,967 10% PW-Electric Vehicles Charging Station 265-683 69,555 - - - 0% Improvement 265-687 605,622 112,270 55,148 167,418 28% Citywide Street Light Acquisition and LED Retrofit 265-688 465,839 282,599 95,352 377,951 81% Expanded Recycled Water Plant Material Conversion Project 265-689 176,939 158,521 - 158,521 90% 1-15 Branding and Visioning- Conceptual Landscape Corridor Plan 265-690 203,739 106,232 54,244 160,476 79% Margarita Recreation Center 265-692 9,420,786 357,845 8,843,887 9,201,732 98% Old Town Parking Structure 265-694 856,958 - 26,582 26,582 3% Sidewalks -Old Town Boardwalk Enhancement 265-696 24,170 16,466 - 16,466 68% Fire Station 73 Gym Garage 265-697 262,412 198,318 27,162 225,480 86% City Facilities Rehabilitation 265-701 308,786 254,016 6,997 261,013 85% Facilities -Field Operation Center 265-703 130,469 - - - 0% Medians & Ornamental Pedestrian Barriers - Citywide 265-704 385,248 36,145 - 36,145 9% Sidewalks -Citywide 265-708 673,664 236,612 30,519 267,131 40% Citywide Surveillance Cameras 265-711 164,981 38,113 72,117 110,230 67% Bike Lane Trail Prgm Pump Track 265-718 37,961 6,034 3,155 9,189 24% French Valley Pkwy/1-15 Improvements - Phase 1 265-719 172,709 - - - 0% Trail 265-720 256,224 82,646 78,449 161,095 63% Sidewalks-DLR Drive 265-721 360,061 41,650 18,330 59,980 17% Butterfield Stage Road Extension, Ph 111 265-723 4,296,263 733,255 87,318 820,573 19% Citywide Financial System Upgrade 265-724 1,313,972 3,990 248,965 252,955 19% French Valley Pkwy/1-15 Improvements - Phase 11 265-726 107,149,508 1,093,861 366,958 1,460,819 1% French Valley/1-15 Phase III 265-728 3,268,826 2,987,380 9,868 2,997,248 92% Community Recration Center - CRC 265-730 890,991 145,512 135,197 280,709 32% Santa Gertrudis Creek, Phase II 265-732 797,909 378,561 223,605 602,166 75% Murrieta Creek Improvements 265-735 730,091 22,867 32,485 55,352 8% Santa Gertrudis Creek Pedestrian Bicycle Trail Extension and Interconnect 265-739 5,396,285 1,546,298 3,601,522 5,147,820 95% Temecula Park and Ride 265-747 421,966 3,590 114,514 118,104 28% Fire Station Roripaugh- Phase II 265-753 5,971 - - - 0% Local Roadway Safety Plan 265-755 90,000 43,965 36,015 79,980 89% Sidewalks -Old Town Improvements 265-766 419,400 - - - 0% CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT PROJECTS FUND (continued) for the 4th Quarter Ended June 30, 2021 Account Annual Amended Year -to -Date Encumbrances Total Activity Percentage Number Budget Activity of Budget EXPENDITURES - conYd: Sidewalk-Ynez Road 265-775 29,663 - - 0% Utility Undergrounding-Citywide 265-776 155,314 1,759 - 1,759 1% Comprehensive General Plan Update 265-777 310,000 61,055 193,322 254,377 82% City Facility Security 265-779 216,871 9,000 4,188 13,188 6% Bike Lane & Trail Prgm Mni Pump Track 265-781 95,000 87,706 - 87,706 92% MP Senior Center Enhancement Renovation 265-782 430,000 18,112 73,348 91,460 21% Overland Drive Widening 265-783 352,000 133,424 62,557 195,981 56% ADA Compliance Pavement Rehab Prgm 265-784 456,600 79,337 217,019 296,356 65% Nicolas Road Multi -Use Trail Extension 265-785 150,000 - - - 0% Sport Field Lighting LED Conversion 290-113 422,547 159,529 29,749 189,278 45% Ronald Reagan Sports Park Restroom Expansion and Renovation 290-114 953,535 575,263 55,032 630,295 66% Community Recreation Center (CRC) Pool Site Enhancements & Renovations 290-116 - - - - 0% Playground Equipment Enhancement and Safety Surfacing 290-120 1,752,161 1,448,888 - 1,448,888 83% Children's Museum Enhancement 290-125 235,623 3,790 4,260 8,050 3% Flood Control Channel Reconstruction and repair 290-127 1,337,212 69,069 38,935 108,004 8% Parks Improvement Program 290-130 171,914 155,120 - 155,120 90% Sam Hicks Monument Park Playground Enhancement 290-132 201,137 (10,030) (10,030) -5% Improvements 290-136 14,291 - - 0% Sports Court Resurfacing 290-141 50,000 37,860 37,860 76% Temecula Elementary School (TES) Pool 290-143 82,164 3,512 3,512 4% Eagle Soar Splash Pad Control System 290-145 32,413 15,910 15,910 49% Ronald H Roberts Temecula Library 290-146 18,287 18,000 18,000 98% Library Parking- Phase II 290-153 95,996 19,646 69,651 89,297 93% Public Restroom Renovations 290-155 969,313 26,604 8,405 35,009 4% Ronald Reagan Sports Park Channel Silt Removal and Desilting Pond 290-187 27,767 - 25,085 25,085 90% Urban Forest Management Plan 290-204 351,230 120,278 201,404 321,682 92% CRC Splash Pad & Shade Structures 290-205 1,099,677 98,125 - 98,125 9% Sam Hicks Monument Park Perimeter Fence 290-220 251,000 12,311 221,335 233,646 93% Tenant Imprvs-Old Town Prkg Structure 299-5213 - - 3,663 3,663 0% Affordable Housing Project 815-5804 3,341,940 - - 0% Las Haciendas Affordable Housing Prjt 817-5804 10,130,000 0% Vine Creek Affordable Housing Pdt 820-5804 2,710,000 - - - 0% TOTAL EXPENDITURES 202,369,774 16,435,914 22,341,019 38,776,933 19% (1) Other Financing Sources/(Uses): Transfers Out - Revenues Over/(Under) Expenditures and Other Financing Sources/(Uses) (12,320,400) (1,244,321) Beginning Fund Balance as of 7/01/2020 15,345,341 15,345,341 Ending Fund Balance as of 6/30/2021 $ 3,024,941 $ 14,101,020 Notes: (1) The variance is primarily due to the timing of project expenditures and revenues differing from that anticipated in the budget CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL 2018 FINANCING LEASE CIVIC CENTER for the 4th Quarter Ended June 30, 2021 Annual Total Percentage of Amended Budget Activity Budget REVENUES: 2018 Financing Lease Revenues TOTALREVENUES EXPENDITURES: Debt Service Principal Debt Service Interest TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Other Financing Sources/(Uses): Transfer in Beginning Fund Balance as of 7/01/2020 Ending Fund Balance as of 6/30/2021 1,547,000 2,077,767 0% 0% 1,547,000 100% 530,767 100% 2,077,767 100% (2,077,767) (2,077,767) 2,077,767 2,077,767 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL 2018 FINANCING LEASE MARGARITA RECREATION CENTER (MRC) for the 4th Quarter Ended June 30, 2021 REVENUES: 2018 Financing Lease MRC TOTALREVENUES EXPENDITURES: Debt Service Principal Debt Service Interest TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Other Financing Sources (Uses): Transfer in Beginning Fund Balance as of 7/01/2020 Ending Fund Balance as of 6/30/2021 Annual Total Percentage of Amended Activity Budget Budget $ $ 0% - 0% 358,531 358,531 100% 197,277 197,277 100% 555,808 555,808 100% (555,808) (555,808) 555,808 555,808 CITY OF TEMECULA COMBINING STATEMENT OF NET POSITION INTERNAL SERVICE FUNDS As of June 30, 2021 Workers' Vehicles and Information Technology Support Support Facility Insurance Services Facilities Compensation Equipment Technology Replacement Services Replacement TOTAL Fund Fund Fund Fund Fund Fund Replacement Fund Fund Fund ASSETS Cash and Investments $ 1,215,857 $ 2,045,001 $ 2,033,206 $ 1,685,779 $ 1,660,765 $ 39,006 $ 317,784 $ 744,255 $ 124,027 $ 9,865,680 Receivables 1,666 2,116 3,275 1,487 1,508 425 295 7,187 - 17,959 Due from Other Funds - - Prepaid Assets - - - - - - - - - - Property, Plant, and Equipment (net of accumulated depreciation) 2,237,231 49,473 398,273 - 110,945 - 258,742 3,054,664 TOTAL ASSETS 1,217,523 2,047,117 4,273,712 1,736,739 2,060,546 39,431 429,024 751,442 382,769 12,938,303 LIABILITIES AND NET POSITION LIABILITIES: Current Liabilities 388,605 8,784 431,076 35,407 - 162,855 1,026,727 Capital Leases Payable - - - - 24,700 - 24,700 TOTAL LIABILITIES 388,605 8,784 431,076 35,407 24,700 162,855 1,051,427 NET POSITION: TOTAL NET POSITION $ 828,918 $ 2,038,333 $ 4,273,712 $ 1,305,663 $ 2,060,546 $ 4,024 $ 404,324 $ 588,587 $ 382,769 $ 11,886,876 NOTE: Balances are unaudited CITY OF TEMECULA COMBINING STATEMENT OF REVENUES, EXPENSES, and CHANGES IN NET POSITION for the 4th Quarter Ended June 30, 2021 Insurance Workers' Vehicles and Information Technology Support Support Services FacilitiesReplacement Facility Fund Compensation Equipment Technology Replacement Services Replacement Fund TOTAL Fund Fund Fund Fund Fund Fund Fund REVENUES: Investment Interest $ 3,433 $ 7,044 $ 5,276 $ 4,696 $ 3,623 $ 109 $ 1,106 $ 1,501 $ 687 $ 27,475 Charges for Services 974,037 - 243,310 4,035,734 173,767 261,669 32,370 1,314,690 37,228 7,072,805 TOTAL REVENUES 977,470 7,044 248,586 4,040,430 177,390 261,778 33,476 1,316,191 37,915 7,100,280 EXPENSES: Salaries and Wages 99,097 81,428 - 2,135,013 - 198,682 - 373,638 - 2,887,858 Operating Expenses 797,545 263,807 275,623 1,970,226 276,849 60,770 50,412 939,660 64,323 4,699,215 Interest - - - - - 1,004 - - - 1,004 TOTAL EXPENSES 896,642 345,235 275,623 4,105,239 276,849 260,456 50,412 1,313,298 64,323 7,588,077 Revenues Over/(Under) Expenses 80,828 (338,191) (27,037) (64,809) (99,459) 1,322 (16,936) 2,893 (26,408) (487,797) Other Financing Sources/(Uses): Transfer In- Measure S - 500,000 260,000 500,000 - - 500,000 1,760,000 Transfer out- CIP - - - - - - - (712,056) (712,056) Net Position as of 7/01/2020 748,090 2,376,524 3,800,749 1,110,472 1,660,005 2,702 421,260 585,694 621,233 11,326,729 Net Position as of 6/30/2021 $ 828,918 $ 2,038,333 $ 4,273,712 $ 1,305,663 $ 2,060,546 $ 4,024 $ 404,324 $ 588,587 $ 382,769 $ 11,886,876 CITY OF TEMECULA STATEMENT OF NET POSITION - Fiduciary Fund CALIFORNIA EMPLOYEE RETIREE BENEFIT TRUST (CERBT) FUND As of June 30, 2021 ASSETS CERBT FUND Cash and Investments $ 16,645,793 TOTAL ASSETS 16,645,793 LIABILITIES: Accounts Payable 16 TOTAL LIABILITIES 16 NET POSITION: 16,645,777 Held in Trust for Retiree Benefits 16,645,777 TOTAL NET POSITION $ 16,645,777 NOTE: Balances are unaudited CITY OF TEMECULA STATEMENT OF CHANGES IN FIDUCIARY NET POSITION - Fiduciary Fund CALIFORNIA EMPLOYEE RETIREE BENEFIT TRUST FUND for the 4th Quarter Ended June 30, 2021 CERBT FUND ADDITIONS Employer $ 1,000,000 Investment Earnings 3,562,506 TOTAL ADDITIONS 4,562,506 DEDUCTIONS: Benefits 905,307 TOTAL DEDUCTIONS 905,307 CHANGE IN NET POSITION 3,657,199 Net Position as of 7/01/2020 12,988,578 Net Position as of 6/30/2021 $ 16,645,777 CITY OF TEMECULA STATEMENT OF NET POSITION - Fiduciary Fund PENSION RATE STABILIZATION FUND As of June 30, 2021 ASSETS PENSION FUND Cash and Investments $ 17,137,636 TOTAL ASSETS 17,137,636 LIABILITIES: Accounts Payable - TOTAL LIABILITIES - NET POSITION: 17,137,636 Held in Trust for Retiree Benefits 17,137,636 TOTAL NET POSITION $ 17,137,636 NOTE: Balances are unaudited CITY OF TEMECULA STATEMENT OF CHANGES IN FIDUCIARY NET POSITION - Fiduciary Fund PENSION RATE STABILIZATION FUND for the 4th Quarter Ended June 30, 2021 PENSION FUND /e1WQIII Ito] IIIR1 Employer $ 2,000,000 Investment Earnings 2,898,455 TOTAL ADDITIONS 4,898,455 DEDUCTIONS: Benefits - TOTAL DEDUCTIONS - CHANGE IN NET POSITION 4,898,455 Net Position as of 7/01 /2020 12,239,181 Net Position as of 6/30/2021 $ 17,137,636 Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Isaac Garibay, Director of Human Resources & Risk Management DATE: October 26, 2021 SUBJECT: Rescind the Current Vehicle Policy and Approve the City Vehicle and Driver Safety Policy PREPARED BY: Nicole Collins, Senior Human Resources Analyst RECOMMENDATION: That the City Council: 1. Rescind the existing Vehicle Policy dated October 9, 1990; and 2. Approve the Vehicle and Driver Safety Policy attached hereto; and 3. Authorize the City Manager, or their designee, to modify the Vehicle and Driver Safety Policy when necessary. BACKGROUND: On March 26, 2014, the City entered into an agreement with EHS International, Inc. to evaluate, integrate, and maintain the City's Employee Safety Program. In August of 2015, the Vehicle Policy, dated October 9, 1990, was identified as one of nine safety related policies to be included within EHS's scope of services. In January of 2016, the City finalized and implemented the Vehicle and Driver Safety Program. Workplace safety programs have significantly evolved over the years, in effect, making a safety program and related policies and procedures, living documents; therefore, consistent with Municipal Code Section 2.60.030, it is recommended that the City Manager, or their designee, be authorized to continue to modify the safety program and related policies, including the Vehicle and Driver Safety Policy to accommodate an ever -changing environment. FISCAL IMPACT: None ATTACHMENTS: Vehicle and Driver Safety Policy Vehicle and Driver Safety Policy 33 The Heart of Southern California Wine Country Procedure Revision History Number Date Approval 1 1-2016 Final 2 11-2016 Reviewed 3 1-2017 Final Released 4 1-2018 FINAL 5 1-2019 Revised/FINAL 6 1-2020 Revised/FINAL 7 10-2021 Revised City of Temecula I Page 2 This document is the property of City of Temecula and will not be copied, reproduced, or used for any purpose without written permission. IF PRINTED AND UNCONTROLLED, THIS DOCUMENT IS FOR REFERENCE ONLY City of Temecula 41000 Main Street Temecula, CA 92590 Vehicle and Driver Safety Policy Prepared in accordance and in compliance with California General Industry Safety Order 3203, requirements, current reference sources, and accepted industrial safety and health principles and practices. They reflect the operating and working conditions noted on the day(s) of service(s) and relate only to those conditions specifically discussed herein. City of Temecula I Page 3 This document is the property of City of Temecula and will not be copied, reproduced, or used for any purpose without written permission. IF PRINTED AND UNCONTROLLED, THIS DOCUMENT IS FOR REFERENCE ONLY City of Temecula I Page 4 This document is the property of City of Temecula and will not be copied, reproduced, or used for any purpose without written permission. IF PRINTED AND UNCONTROLLED, THIS DOCUMENT IS FOR REFERENCE ONLY Contents CITY OF TEMECULA COMMITMENT TO SAFETY............................................................................................7 SECTION 1 - SCOPE AND PURPOSE...............................................................................................................7 Compliance...............................................................................................................................................8 SECTION 2 - RESPONSIBILITIES......................................................................................................................8 CityManager.............................................................................................................................................8 DepartmentDirectors...............................................................................................................................8 RiskManagement.....................................................................................................................................9 Managers and Supervisors........................................................................................................................9 Employees/Operators.............................................................................................................................10 SECTION 3 —APPLICATION ..........................................................................................................................11 Definitions...............................................................................................................................................11 SECTION 4 - ACCIDENT REVIEW COMMITTEE.............................................................................................12 SECTION 5 - DRIVER'S LICENSING AND QUALIFICATIONS...........................................................................12 DriverLicensing.......................................................................................................................................12 DriverQualifications...............................................................................................................................12 Changesin Driving Status........................................................................................................................13 DrivingRoster..........................................................................................................................................13 SECTION 6 - EMERGENCY PROCEDURES.....................................................................................................13 Vehicle Emergency Procedures..............................................................................................................13 AccidentProcedures...............................................................................................................................13 Accidents Involving More Than One City Driver.....................................................................................14 SECTION 7 - MAINTENANCE AND INSPECTION...........................................................................................14 Inspections..............................................................................................................................................14 Emergency Maintenance........................................................................................................................14 Non -Emergency Maintenance................................................................................................................14 Preventative Maintenance......................................................................................................................15 Disposition..............................................................................................................................................15 Records...................................................................................................................................................16 City of Temecula I Page 5 This document is the property of City of Temecula and will not be copied, reproduced, or used for any purpose without written permission. IF PRINTED AND UNCONTROLLED, THIS DOCUMENT IS FOR REFERENCE ONLY SECTION 8 — USE OF VEHICLES....................................................................................................................16 Insurance and Registration.....................................................................................................................16 PersonalCar Use.....................................................................................................................................16 SECTION 9 —VEHICLE OPERATION..............................................................................................................16 GeneralSafety Rules...............................................................................................................................18 VehicleMarking......................................................................................................................................18 GPS..........................................................................................................................................................18 SECTION 10 - VEHICLE ACCIDENT REVIEW BOARD GUIDELINES.................................................................19 DefensiveDriving....................................................................................................................................19 Standard of Performance Accidents.......................................................................................................19 Accidents Involving More Than One City Driver.....................................................................................20 WitnessStatements................................................................................................................................20 SECTION 11 - PREVENTABLE MEASURES.....................................................................................................20 APPENDIXA.................................................................................................................................................24 Vehicle Accident/Incident/Near Miss Reporting Form...........................................................................24 APPENDIXB.................................................................................................................................................26 Vehicle Inspection Report (All Vehicles).................................................................................................26 ACKNOWLEDGMENT OF UNDERSTANDING & RECEIPT..............................................................................28 Vehicle and Driver Safety Policy.............................................................................................................28 City of Temecula I Page 6 This document is the property of City of Temecula and will not be copied, reproduced, or used for any purpose without written permission. IF PRINTED AND UNCONTROLLED, THIS DOCUMENT IS FOR REFERENCE ONLY CITY OF TEMECULA COMMITMENT TO SAFETY At the City of Temecula, safety is an integral and indispensable part of our organization's fabric. It is a well-known fact that accidents cause suffering and financial loss to employees and their families. The City has developed a comprehensive Vehicle and Driver Safety Policy that includes the identification and correction of hazards and training of employees in safe work practices. Our goal is zero accidents and injuries. A safe and productive employee is our most valuable asset. We are confident that with a sincere and concentrated effort from everyone, our safety goals can be achieved. The immediate responsibility for preventing accidents belongs to each employee. All employees are expected to report potential safety hazards without fear of retaliation, and with confidence that safe and healthful conditions and practices will prevail in the workplace. It is the policy of the City to identify and minimize potential risks inherent in the operation of various programs, services, facilities, and equipment. The City recognizes that unaddressed risk may result in injury or illness to employees. Injury to the public or damage to City property may result in financial loss and litigation against the City. The City of Temecula will strive to comply with all safety and health standards and we expect the full cooperation of our employees so that we can all be proud of our safety record. All employees shall comply with all applicable Federal, State and local safety laws and regulations. The City of Temecula departments shall conduct its operations and activities in a safe manner to minimize the risk of injury to employees and the public. No employee will be required to conduct any task which is determined to be unsafe. SECTION 1- SCOPE AND PURPOSE This City policy applies to all departments engaged in the operation of any City owned or leased motor vehicle. The Cities Vehicle and Driver Safety Policy involves an ongoing process that includes training supervisors and employees to identify potential risks and eliminate unsafe work practices. The City of Temecula communicates its workplace safety procedures through the Injury Illness Prevention Program and this Policy. Each department of the City of Temecula is responsible for communicating with employees on matters concerning safety and health, including identifying, evaluating and mitigating workplace hazards; investigating injury and illness; and conducting employee training. Successful implementation of the policies and procedures contained in this policy involves an ongoing commitment by the City Manager, Directors, Managers, Supervisors, and Employees. This policy sets the standards for managing and operating the City of Temecula's fleet vehicles as well as personal vehicles when used on "City business". Many employees operate City owned, leased, rental or personal vehicles as part of their jobs. Employees are expected to operate vehicles safely to prevent accidents which may result in injuries and property loss. It is the policy of the City to provide and maintain a safe working environment to protect our employees and the citizens of the communities where we conduct business from injury and property loss. The City City of Temecula I Page 7 This document is the property of City of Temecula and will not be copied, reproduced, or used for any purpose without written permission. IF PRINTED AND UNCONTROLLED, THIS DOCUMENT IS FOR REFERENCE ONLY considers the use of automobiles as part of the working environment. The City is committed to promoting a heightened level of safety awareness and responsible driving behavior in its employees. Our efforts and the commitment of employees will prevent vehicle accidents and reduce personal injury and property loss claims. This policy requires the full cooperation of each driver to operate their vehicle safely and to adhere to the responsibilities outlined in the Vehicle and Driver Safety Policy. Elements of this policy include: • Assigning responsibilities at all levels of employment. • Vehicle use and insurance requirements. • Employee driver's license checks and identification of high -risk drivers. • Accident reporting and investigation. • City Accident Review Board. • Vehicle selection and maintenance. • Training standards. • Safety regulations Compliance City employees who fail to comply with the requirements of this policy shall be subject to disciplinary action per the City's Administrative Guidelines, Personnel Policies and/or Memorandum of Understanding. SECTION 2 - RESPONSIBILITIES City Manager General policies which govern activities and responsibilities under the IIPP are established under the final authority of the City Manager. Department Directors • Establishes firm, internal requirements for all personnel to fully adhere to the policies established herein; • Frequently checks on compliance with this policy; • Holds Managers fully accountable for any deviation from this policy and procedure. "Fully accountable" is defined as being able to: explain why the deviation occurred; offer recommendation(s) to prevent similar recurrences; and ensure the implementation of the prevention techniques; • Holds Managers fully accountable for preventable injuries to either employees, contractors, or the public that occurs within their area. Accountability shall include an explanation of how the exposure occurred, why the exposure occurred, and what steps have been taken since the exposure to prevent recurrence; • Contacts Risk Management for any assistance needed to implement or maintain this policy. City of Temecula I Page 8 This document is the property of City of Temecula and will not be copied, reproduced, or used for any purpose without written permission. IF PRINTED AND UNCONTROLLED, THIS DOCUMENT IS FOR REFERENCE ONLY Risk Management Risk Management plans, organizes, directs, and supervises, the development and implementation of a comprehensive occupational safety and industrial hygiene program for the employees of the City of Temecula. Risk Management shall have the authority to enforce all applicable safety and health regulations as required to comply with the Vehicle and Driver Safety Policy. • Issues periodic reports of losses for the City review. • Reviews motor vehicle accident reports as part of the City Accident Review Board. • Revises and distributes changes to the Motor Vehicle Safety Program to managers, supervisors and drivers as necessary. • Maintains appropriate records. Managers and Supervisors All Managers and Supervisors shall be familiar with the City's Vehicle and Driver Safety Policy. Managers and Supervisors are responsible for implementing and maintaining the Vehicle and Driver Safety Policy in the City and for informing their employees of all provisions within the Vehicle and Driver Safety Policy, as well as any safety and health rules or regulations that apply to the job task. Supervisors shall take an active, visible role in the implementation of the City of Temecula's Vehicle and Driver Safety Policy. Supervisors shall evaluate the safety performance of employees as part of the employee's annual evaluation, taking the following into consideration: • All employees are trained from the first day of hire to safely complete their job assignments, and are retrained whenever any new process, procedure, or equipment has been introduced into the workplace. • All employees are provided any required personal protective equipment, as well as instructions on the proper use of such equipment necessary to safely carry out their job assignments. • Work -sites are inspected regularly, and corrective action is taken whenever hazards are recognized, or unsafe acts are observed. • Safety meetings are conducted which include in-service training covering various topics relating to safety and health. • Written documentation is maintained by supervisors regarding all instruction and training for each employee for a minimum of three years. • The Accident/Incident/Near Miss Report will document any failure to follow safe work procedures or adhere to established City's policies regarding safety and health. City of Temecula I Page 9 This document is the property of City of Temecula and will not be copied, reproduced, or used for any purpose without written permission. IF PRINTED AND UNCONTROLLED, THIS DOCUMENT IS FOR REFERENCE ONLY • All accidents are thoroughly investigated, and corrective action taken. All accident investigation (including findings and recommendations) are promptly reported to Risk Management for records retention purposes. • Responsible for ensuring that maintenance is performed on their respective department's vehicles. • Schedules department vehicles or equipment for maintenance or repair work. • Ensures all vehicle and equipment reports are completed. • Ensures that maintenance is current on all department vehicles or equipment. Employees/Operators All employees are responsible for complying with all applicable safety and health regulations, policies, and established work procedures. Employees have an obligation to work in a safe manner and in accordance with all training and instruction received by supervision. Employees are required to: • Adhere to all City safety and health policies and procedures. • Read and understand the Vehicle and Driver Safety Policy. • Report any unsafe conditions or equipment immediately to their supervisor. • Report any job -related injuries or accidents immediately to their supervisor. • Wear all personal protective safety equipment when instructed to do so by supervision. • Only operate equipment or machinery that they have been trained and authorized to operate. • Keep work area clean and orderly always. Each driver is responsible for the actual possession, care and use of the City vehicle in their possession. Therefore, a driver's responsibilities include, but are not limited to, the following: • Operation of the vehicle in a manner consistent with reasonable practices that avoid abuse, theft, neglect or disrespect of the equipment. • Obeying all traffic laws. • As a condition for driving City vehicles, drivers will give the City authorization to conduct a Motor Vehicle Record (MVR) check and provide all necessary information for the check. • The use of seat belts and shoulder harness is mandatory for drivers and passengers. • Adhering to manufacturer's recommendations regarding service, maintenance and inspection. Vehicles should not be operated with any defect that would prevent safe operation. • Reporting the occurrence of moving violations. • Accurate, comprehensive and timely reporting of all accidents. • Perform and document daily vehicle pre -operation inspection. • Perform authorized maintenance (i.e., replacement of fluids) based upon type of equipment being operated. City of Temecula I Page 10 This document is the property of City of Temecula and will not be copied, reproduced, or used for any purpose without written permission. IF PRINTED AND UNCONTROLLED, THIS DOCUMENT IS FOR REFERENCE ONLY • Operators are responsible for the general daily upkeep of their assigned vehicles or equipment. • Vehicles and equipment are to be washed only at City approved facilities. • Due to safety, health and sanitary issues, vehicles must be clean and empty (unless the problem with the vehicle prohibits cleaning) prior to delivering the vehicle for maintenance. SECTION 3 - APPLICATION The purpose of this Vehicle and Driver Safety Policy is to provide our employees and managers with tools and materials to ensure the safety of all employees who drive City vehicles. Vehicle accidents are costly to the City, but more importantly, they may result in injury to our employees, occupants of other vehicles or pedestrians. It is the driver's responsibility to operate the vehicle in a safe manner and to drive defensively to prevent injuries and property damage. The City of Temecula's policy and its associated programs apply to all drivers who may be engaged in the operation of any City owned or leased motor vehicles on either public or private property. Definitions City Vehicle: Any owned, leased or rented passenger car, pick-up, truck or other similar type vehicle in or by which a person or property is or may be transported or drawn on public highways or roads. This definition includes personal vehicles when operated on "City business". Operation: The process of driving, operating or maneuvering a vehicle in a forward, backward or sideward motion. Driver: Means an individual who is authorized to use a city vehicle as a part of their job duties. Preventable: Any incident in which the operator failed to take reasonable action to avoid such an occurrence. Non -preventable: Any incident where the operator exercised all reasonable means to avoid the incident. Vehicle Accident: Any event where a City vehicle, other vehicle or property is damaged during the operation or as a result of the operation of the City vehicle. Departments Manager/Supervisor: Is an individual designated by the Management as responsible for ensuring that maintenance is performed on their respective department's vehicles. City of Temecula I Page 11 This document is the property of City of Temecula and will not be copied, reproduced, or used for any purpose without written permission. IF PRINTED AND UNCONTROLLED, THIS DOCUMENT IS FOR REFERENCE ONLY SECTION 4 - ACCIDENT REVIEW COMMITTEE The purpose of the Accident Review Committee (ARC) will be to determine why vehicle accidents occur and whether accidents are preventable or non -preventable. The ultimate goal for the committee is to prevent losses by recommending corrective action for drivers to discourage future accidents. SECTION 5 - DRIVER'S LICENSING AND QUALIFICATIONS Driver Licensing • The City of Temecula requires all employees who operate a City vehicle on either an assigned or occasional basis, to have the appropriate driver's license required by the State of California for the class of vehicle driven. • It is the responsibility of the employee to obtain the appropriate license and to ensure it is maintained and current at all times. • At the discretion of supervisors, all drivers shall be evaluated under the parameters of this policy at 18-month intervals throughout their driving careers with the City. • Human Resources/Risk Management will be administering evaluation. • Department of Transportation (DOT) physical examination verification will coincide with the testing of the driver reevaluation and presented to driver's supervisor. A copy will be retained in each employee's central personnel file. Driver Qualifications An employee whose job duties involve the operation of a City vehicle shall: • At all times, be in possession of and able to produce a valid California driver's license in the appropriate classification established in the official position description. • Be eighteen years of age or older to operate City owned/leased vehicles. • Be an authorized employee of the City. • Have at least one year of experience in the class of vehicle operated. • An employee may not qualify to operate a City vehicle if, during the last 36 months, the driver had any of the following experiences: • Been convicted of a felony. • Been convicted of sale, handling or use of drugs. • Has automobile insurance canceled, declined or not renewed by a company. • Been convicted of an alcohol or drug -related offense while driving. • Had driver's license suspended or revoked. • Been convicted of three or more speeding violations or one or more other serious violations. • Been involved in two or more chargeable accidents City of Temecula I Page 12 This document is the property of City of Temecula and will not be copied, reproduced, or used for any purpose without written permission. IF PRINTED AND UNCONTROLLED, THIS DOCUMENT IS FOR REFERENCE ONLY Changes in Driving Status • Immediately notify their supervisor/manager of changes in driver license status (i.e., revoked, expired, cancelled, suspended, etc.). • As possible, an employee may be temporarily or permanently reassigned if they can no longer legally perform their assigned driving responsibilities. • Within 24 hours after returning to work, notify their supervisor/manager if convicted of a moving violation or involved in an accident as an operator, whether on or off the job. Driving Roster • Each department shall maintain a roster of all employees who are authorized to drive City vehicles. • This document will include the employees' current driver license number and expiration date as well as highlight the employees' driving record. • This information is to be kept current by the Department Director or their designee and shall be subject to periodic review. SECTION 6 - EMERGENCY PROCEDURES Vehicle Emergency Procedures When it is absolutely necessary to stop on a highway or city street in case of an emergency, use extreme caution and use one of the following methods to alert oncoming traffic: • Activate emergency flashers. • Warning signals and lights may be turned on. • Rotating beacon(s) may be used — if vehicle is so equipped. • Deploy warning flags, reflector triangles and/or other emergency equipment. If the vehicle needs to be towed, follow the instructions in the Vehicle Accident Kit or call a supervisor/manager for additional direction. Accident Procedures In the event of an accident on city streets or highways: • Notify the local police department by dialing 911 and provide pertinent information concerning the accident. • If no phone is available, immediately contact supervisor who is responsible for contacting 911. • DO NOT leave the accident scene until the local police have responded. • Drivers should speak freely and accurately to law enforcement personnel. • Obtain the name, address, and phone number of injured person and all witnesses if possible. City of Temecula I Page 13 This document is the property of City of Temecula and will not be copied, reproduced, or used for any purpose without written permission. IF PRINTED AND UNCONTROLLED, THIS DOCUMENT IS FOR REFERENCE ONLY • Exchange vehicle identification, insurance company name and policy numbers with the other driver. • Take a photograph of the scene of accident if possible. • Complete the Vehicle -Incident -Near Miss Reporting Form. (See Appendix A) • Turn all information into supervisor/manager within 24 hours. • Do not admit negligence or liability. Do not attempt settlement, regardless of how minor. Accidents Involving More Than One City Driver When two or more City vehicles are involved in the same accident, each driver may be charged with a preventable accident regardless of who was primarily responsible. SECTION 7 - MAINTENANCE AND INSPECTION The intent of this section is to implement an aggressive and ongoing vehicle maintenance and inspection program which will ensure that City of Temecula fleet vehicles are properly serviced and maintained. Inspections All vehicles will be inspected before use, using the Vehicle Inspection Report All Vehicles. (See Appendix B) • Daily inspection if used on a regular basis • Submit forms to manager/supervisor for filing • Safety issues will be considered "emergency maintenance" Emergency Maintenance • Emergency maintenance is required when a vehicle or piece of equipment breaks down and cannot be driven or operated safely. • When a vehicle or piece of equipment becomes inoperable during normal operating hours, the problem is to be reported to their supervisor. • Supervisor will be responsible for dispatching a service truck or tow truck to the scene to either repair or transport the vehicle to the City compound. • If the vehicle becomes inoperable after normal operating hours, on weekends or holidays, the operator is required to contact their supervisor and advise them of the problem. • Once reported, a service truck or tow truck will be dispatched to either repair or transport the vehicle back to the City compound. Non -Emergency Maintenance In the event that maintenance needs arise that are above and beyond that required by the Preventative Maintenance schedule, the following process shall be adhered to: City of Temecula I Page 14 This document is the property of City of Temecula and will not be copied, reproduced, or used for any purpose without written permission. IF PRINTED AND UNCONTROLLED, THIS DOCUMENT IS FOR REFERENCE ONLY • The supervisor will apprise management and with approval make the necessary arrangements to schedule the repair. • The supervisor will schedule the work based on the current work load. • The requesting party will be notified within 24 hours as to when they can bring the vehicle into the garage for servicing. Preventative Maintenance All vehicles within the City's fleet will be covered under a preventive maintenance program. The type and frequency of preventative maintenance to be conducted is based on mileage or time basis. These schedules are shown below. • Automobiles, Vans, Utility Vehicles and Light Trucks • Level A every 3,000 miles • Level B every 15,000 miles • Level C every 30,000 miles • Heavy Trucks • Level A every 6 months Preventative maintenance for heavy trucks at a minimum will be per manufacturer specifications. • Heavy Equipment • New every 100 service hours or two weeks • Level A every 250 service hours or monthly • Level B every 500 service hours or 3 months • Level C every 1,000 service hours or 6 months • Level D every 2,000 service hours or annually Preventative maintenance for heavy equipment at a minimum will be according to manufacturer specifications. After completing each preventative maintenance service, a sticker will be placed on the vehicle indicating the miles (or hours) when the next preventative maintenance check is due. Disposition In general, most vehicles should be replaced when they reach 6 years (72 months) of service or 100,000 miles, whichever comes first. However, there may be circumstances in which vehicles may be replaced sooner (such as excessive maintenance or repair costs) or retained longer (such as unusually low maintenance costs). Management may make this determination on a case -by - case basis, using these guidelines as a starting point. City of Temecula I Page 15 This document is the property of City of Temecula and will not be copied, reproduced, or used for any purpose without written permission. IF PRINTED AND UNCONTROLLED, THIS DOCUMENT IS FOR REFERENCE ONLY • Specialized equipment, such as heavy highway construction equipment, may not fall under any of the above categories. • Such equipment may be considered for replacement according to other criteria, such as hours in service. Records • Each department is responsible for managing all centralized maintenance records for all City vehicles. • Records of vehicle inspections will be maintained by the using department for a minimum of one (1) year. SECTION 8 - USE OF VEHICLES Insurance and Registration • Each City -owned vehicle is required to have appropriate vehicle registration and insurance information kept in the glove compartment or attached to the driver's sun visor or other area which is familiar to the driver. • Missing information is to be reported to supervisory personnel who will ensure that the necessary replacement is obtained. Personal Car Use The City of Temecula allows use of privately -owned motor vehicles to conduct official City business. A privately -owned motor vehicle used for City business must be a conventional, at least four-wheel vehicle, and be in safe mechanical condition that is adequate to provide safe transport for the road and weather conditions. • Vehicle registration and insurance must be current. • All employees driving their personal vehicle on the job are required to have auto liability insurance on their vehicle in at least the minimum amount required by state law and must carry proof of such coverage at all times. • Mileage will be reimbursed at the current rate allowed by the Internal Revenue Service. C.'IIIIIWWWA DI: W1aw1"D1.7:r Y W0 Every time a City vehicle is moved, the driver has a duty to drive in a safe and courteous manner that will reflect favorably on the City. Drivers are expected to take extra precautions and drive defensively; this includes: Lights: For vehicles without daytime running lights, driving with headlights on, day or night. City of Temecula I Page 16 This document is the property of City of Temecula and will not be copied, reproduced, or used for any purpose without written permission. IF PRINTED AND UNCONTROLLED, THIS DOCUMENT IS FOR REFERENCE ONLY Riders and Passengers: No unauthorized riders are allowed in or on City vehicles. Seats will not be overcrowded beyond the capacity of the available seat belts. In no case, will workers be allowed to ride in a standing position in the back of a truck, sitting on the wheel wells, or with any part of their body extending over the side or rear of the truck body. Exemption: An exemption of this rule would only be in the situation of an emergency or if the vehicle is designed for rear or side riding. Distractions: Employees shall refrain from engaging in activities that may distract them from their primary task of safe driving while operating City vehicles. Distractions include but are not limited to cell phones, texting, putting on make-up, changing radio stations, reading, eating or conversations. Seat Belts: Use is mandatory in all City vehicles. This applies to both the driver and all passengers in seating locations equipped with seat belts. In operations where a seat belt would hinder the ability of the operator to safely perform the job, a seat belt will not be required if the Department Director, or their designee approves the operation and the vehicle speed does not exceed 10 miles per hour. Parking: City vehicles or personal vehicles driven by City employees during their employment shall not park in "NO PARKING" zones except in emergency situations or in the required performance of their duties. If a vehicle is parked in a "NO PARKING" zone, emergency flashers will be activated. No vehicle or piece of equipment is to be left unattended with the keys left in the ignition. All vehicles will be locked when parked and unoccupied. Backing: Backing of vehicles should be discouraged unless the driver cannot avoid it and they have a clear view of the entire area to be backed into. If such a view is not present, the driver, if alone, will get out of the vehicle and inspect the area to be backed into or, if a second person is in the vehicle, the second person will get out and guide the driver using appropriate hand and/or voice signals. A back-up alarm or collision avoidance device may be installed on those City vehicles that have an increased risk for backing accidents (poor rear visibility, blind spots, etc.). Citations: Should an employee receive a citation while operating a City vehicle, they are responsible for fines, cost of court, and any increase in personal insurance because of the citation. • Each driver is required to report all moving violations to the Department Director within 24 hours. • This requirement applies to violations involving the use of any vehicle (City, personal or other) while on City business. • Drivers also need to be aware that traffic violations incurred during non -business (personal use) hours will affect their driving status as well and are subject to review as outlined in the City's Motor Vehicle Record Review policy. Cell Phones: The following procedures apply to employees driving on City business who wish to use cellular telephones in the vehicle: City of Temecula I Page 17 This document is the property of City of Temecula and will not be copied, reproduced, or used for any purpose without written permission. IF PRINTED AND UNCONTROLLED, THIS DOCUMENT IS FOR REFERENCE ONLY • External speaker and microphone must be included to allow hands -free operation. • Phone number memory and programming capabilities are to be included. • Drivers are to refrain from placing outgoing calls while the vehicle is in motion. • Incoming calls should be limited. • For any vehicle equipped with cellular telephone that does not meet the above equipment specifications, use of the telephone is authorized when the vehicle is safely parked. General Safety Rules Employees are not permitted to: • Pick up hitchhikers. • Accept payment for carrying passengers or materials. • Use any radar detector, laser detector or similar devices. • Push or pull another vehicle or tow a trailer. • Transport flammable liquids or gases unless a DOT or Underwriters' Laboratories approved container is used, and only then in limited quantities. • Use of burning flares will be discouraged. The preferred method is the use of reflective triangles. • Assist disabled motorists or accident victims beyond their level of medical expertise. If a driver is unable to provide the proper medical care, they must restrict their assistance to calling the proper authorities. • The employee's safety and well-being are to be protected at all times. Vehicle Marking City -owned or operated automobiles or trucks shall be marked in plain lettering of a readable size. Appropriate markings for City vehicles include: • Unit number; • The words City of Temecula - followed by the department or agency name; • City of Temecula Seal. City -owned vehicles are to be kept free of any stickers or signs which indicate any political candidate, party, organization or theme; are in poor taste; or relate to specific social concerns that may be found objectionable by citizens. Exception: Vehicles used for undercover criminal investigations may be unmarked and need only bear such license plates as are required on privately owned vehicles. GPS Global Positioning System (GPS) telematics devices are installed on all City vehicles and provides information on trip routes, vehicle location, fuel consumption, need for maintenance, idle time, City of Temecula I Page 18 This document is the property of City of Temecula and will not be copied, reproduced, or used for any purpose without written permission. IF PRINTED AND UNCONTROLLED, THIS DOCUMENT IS FOR REFERENCE ONLY and safe operation. GPS enhances employee safety and security; lowers maintenance costs through better preventative and predictive maintenance schedules; improves fuel economy and idle compliance; and optimizes customer service and vehicle utilization. The GPS system data is monitored and regularly reviewed. GPS system data may be used in the course of disciplinary action including informal discussions, verbal and/or written warnings or reprimands, or disciplinary action. Notices will be placed inside vehicles with GPS to remind employees that the vehicle is equipped with said system. SECTION 10 - VEHICLE ACCIDENT REVIEW BOARD GUIDELINES These guidelines may assist the Accident Review Committee in determining if a City vehicle accident was or was not preventable. "Determining When an Accident Could Have Been Prevented" One of the most difficult, yet important, parts of a safety program is determining whether an accident was preventable, and what part, if any, the City employee played in the accident. A good method of maintaining consistency in judgments is to set up clear boundaries to determine when an accident could have been prevented. All accidents, regardless of damage, shall be reviewed by the Accident Review Committee. The following descriptive boundaries may be used by the accident review committee as the basis for determining accountability. Defensive Driving Expert safe driving performance, not just average performance, is based on the concept of defensive driving -- the ability to avoid accidents despite wrong actions or adverse driving conditions. The following definition of defensive driving should be applied to all accidents: • A defensive driver is one who commits no driving errors and makes allowances for the lack of skill or improper driving practices of the other driver. • A defensive driver adjusts driving to compensate for unusual weather, road, and traffic conditions and is not tricked into an accident by the unsafe actions of pedestrians or other drivers. • By being alert to accident -inducing situations, the driver takes the necessary precautions to prevent the accident. • The defensive driver knows when it is necessary to slow down, stop or yield the right-of-way to avoid involvement." Standard of Performance Accidents • Accidents involve many factors; it may be difficult to set hard and fast rules to classify them preventable or non -preventable. City of Temecula I Page 19 This document is the property of City of Temecula and will not be copied, reproduced, or used for any purpose without written permission. IF PRINTED AND UNCONTROLLED, THIS DOCUMENT IS FOR REFERENCE ONLY • The Accident Review Committee must make this determination. • In making these decisions, the Accident Review Committee must answer the question, "What standard of safe driving performance do we expect of our drivers of City -owned vehicles?" Accidents Involving More Than One City Driver A preventable accident will only be charged against the person operating the vehicle, not against passengers, even if they are City employees. Witness Statements Each driver involved in an accident usually contributes to it in some degree. If the other driver admits fault, it usually means that they see how they contributed to the situation. The City driver may still have contributed to the accident. None of the following is conclusive evidence that an accident is non -preventable: • Admission of being at fault by the other driver; • Citation of the other driver for a traffic violation; or • Exoneration statement for the City driver by eyewitness or police. SECTION 11- PREVENTABLE MEASURES Unless thorough investigation shows that the employee could not have avoided involvement by driving more defensively, the following types of accidents shall be regarded as preventable: • Intersections: A driver approaching and entering an intersection must take precautionary measures to avoid accidents. Complex traffic movement, blind intersections or failure of another driver to conform to the law or traffic control devices will not automatically classify an accident as non -preventable. Intersection accidents are preventable even though a driver has not violated traffic regulations. Accidents are preventable when a City driver crosses an intersection and does not consider the obviously potentially dangerous actions of the other driver (excess speed, crossing the lane in turning, coming from a blind spot). • Backing: Practically all backing accidents are preventable. Drivers are responsible for backing safely. During the maneuver the driver must check all clearances himself, even if given instructions by a guide. The guide cannot control the movement of the vehicle. • Front -End Collisions: Regardless of abrupt or unexpected stops of the vehicle ahead, a driver can prevent front-end collisions by maintaining a safe distance at all times. A driver must prepare for possible obstructions on the highway whether in plain view or hidden by the crest of a hill or the curve of a roadway. Overdriving headlights at night is a common cause of front-end collisions. The vehicle should be able to stop within the distance illuminated by its headlights. City of Temecula I Page 20 This document is the property of City of Temecula and will not be copied, reproduced, or used for any purpose without written permission. IF PRINTED AND UNCONTROLLED, THIS DOCUMENT IS FOR REFERENCE ONLY • Rear -End Collisions: Drivers often risk being struck from behind when they brake sharply. An accident is preventable if a rear -end collision occurs because the vehicle rolls back, makes an abrupt stop at a light or grade crossing, or the driver does not signal a turn at an intersection. Failure to signal or to slow down gradually contributes to accidents. • Passing: Failure to pass safely indicates faulty judgment as well as failure to consider one or more important factors before attempting the maneuver. Unusual actions of a driver being passed or of oncoming traffic might appear to exonerate a driver involved in a passing accident. However, the entire passing maneuver is voluntary and is a driver's responsibility. • Being Passed: Side swipes and cut-offs are preventable when a City driver yields to a passing vehicle by slowing down or moving to the right when possible. • Lane Encroachment: A City driver is rarely a victim of encroachment by another vehicle when changing lanes. Similarly, entrapment in merging traffic shows the driver will not yield to other vehicles or wait for a break in traffic. Blind spots are not valid excuses for lane encroachment accidents. Drivers must make extra allowances to protect themselves when they cannot see far enough ahead. A driver can prevent accidents with parked cars, pillars and other road structures by dropping back when another driver contests a common portion of the road. • Grade Crossing: Collisions with fixed rail vehicles, such as trains, rail maintenance vehicles, etc., occurring at grade crossings, in traffic, in a rail yard, switch area or on private property are the responsibility of the driver to prevent. When a vehicle is parked across a rail siding, the driver must first determine if it is safe and permissible and, furthermore, must stand by in case conditions change by the movement of rail cars during the parking interval. • Opposing Vehicles: When an opposing vehicle enters a driver's traffic lane, it may be possible for a driver to avoid a collision. For example, when an opposing vehicle is in a passing maneuver the driver should slow down, stop or move to the right to allow the vehicle to re- enter its own lane. Signaling the opposing driver by flicking the head -lights or sounding the horn might aid in the avoidance of an accident. • Turning: Turning movements, such as passing maneuvers, require the most exacting care by a defensive driver. Drivers who are making left or right turns are responsible for squeeze plays involving other vehicles, scooters, bicycles or pedestrians. Defensive action and failure to signal, to properly position the vehicle for the turn, to check the rearview mirrors, or to check pedestrian lanes should be considered when determining if an accident could be prevented. A defensive driver should watch for sudden turns by other drivers and should act on any tip- offs from the other driver (eye contact) or vehicle immediately before the incident. U-turns that result in collisions are considered preventable. City of Temecula I Page 21 This document is the property of City of Temecula and will not be copied, reproduced, or used for any purpose without written permission. IF PRINTED AND UNCONTROLLED, THIS DOCUMENT IS FOR REFERENCE ONLY • Passenger Accidents: Passenger accidents in any type of vehicle are preventable when they are caused by faulty operation of the vehicle. Even if an incident does not involve a collision of the vehicle, it must be considered preventable if a driver stops, turns, or accelerates abruptly. When passenger injury occurs because of emergency action taken by a City driver trying to avoid a collision, the situation should be examined to determine if proper driving could have eliminated the need for the action. • Pedestrians: Traffic regulations and court decisions generally favor pedestrians hit by moving vehicles. Drivers must reduce speed, be prepared to respond, and take precautions to prevent accidents in school zones, shopping areas, residential streets and other areas that have special pedestrian traffic. Even though a driver follows posted speed limits or warning signs, the vehicle may be traveling faster than the conditions allow. Drivers must be alert to pedestrians crossing at mid -block or from between parked vehicles. They must also watch for bicycles, motor scooters and similar equipment that are generally operated by young and inexperienced operators. A driver who doesn't slow down when such equipment is present has failed to take the necessary precautions to prevent an accident. Keeping within posted speed limits alone is not enough when unusual conditions require less speed. • Weather: Adverse weather conditions are not valid excuses for being involved in an accident. Rain, snow, fog, sleet or icy pavement has never caused an accident. These conditions merely increase the hazards of driving. The Accident Review Committee should decide an accident was preventable when it was caused by a driver's failure to "call it a day", or failure to adjust driving to the prevailing weather conditions. Accidents that occur because a driver fails to use safety devices (such as chains) provided in City vehicles should be deemed preventable when it was reasonable to expect the driver to have used such devices. • Fixed Objects: Collisions with fixed objects are preventable. They usually involve failure to check or properly judge clearances. New routes, strange delivery points, resurfaced pavements, inclined entrances, and marquees projecting over traveled sections of the road are not valid reasons for excusing a driver. A driver must constantly look for such conditions and make needed allowances. • Parking: Unconventional parking actions, including double parking and failure to put out warning devices, generally make an accident preventable. Accidents normally are preventable if they are caused by parked vehicles that roll -away because wheels were improperly blocked or turned toward curb to prevent vehicle movement. • Mechanical Failure: Any accident caused by a mechanical failure that could have reasonably been detected by a driver should be judged preventable. It is a driver's responsibility to report unsafe vehicle conditions and to obtain immediate repairs when continued operation might result in an accident. In this way, an accident that results from unexpected mechanical difficulties is preventable. City of Temecula I Page 22 This document is the property of City of Temecula and will not be copied, reproduced, or used for any purpose without written permission. IF PRINTED AND UNCONTROLLED, THIS DOCUMENT IS FOR REFERENCE ONLY • Non -Collision: Many accidents, such as overturning, jack-knifing or running off the road result from emergency action by a driver trying to avoid involvement in a collision. Examination of the driving procedures prior to an incident may reveal speeds too fast for conditions or other factors. A driver's action prior to involvement should be examined for possible errors or lack of defensive practices. Miscellaneous: Projecting loads, loose objects falling from the vehicle, loose tarpaulins or chains, doors swinging open and other hazardous driving situations that result in damage or injury to persons are preventable if a driver fails to secure them. City of Temecula I Page 23 This document is the property of City of Temecula and will not be copied, reproduced, or used for any purpose without written permission. IF PRINTED AND UNCONTROLLED, THIS DOCUMENT IS FOR REFERENCE ONLY APPENDIX A Vehicle Accident/Incident/Near Miss Reporting Form City of Temecula I Page 24 This document is the property of City of Temecula and will not be copied, reproduced, or used for any purpose without written permission. IF PRINTED AND UNCONTROLLED, THIS DOCUMENT IS FOR REFERENCE ONLY VEHICLE ACCIDENT/INCIDENT/ NEAR MISS a The Heartof Southern California REPORTING FORM wine C.—I" To be completed by employee and management immediately after accident and copy sent to the Safety Officer upon completion. Fill out one of these forms for each driver and vehicle involved. Name: Driver's License # Address: Date of Birth: Sex: ❑ Male ❑Female City/State/Zip: Telephone: Department: E-mail: Title Position: ❑ Moving ❑ Stopped in Traffic ❑Parked ❑Pedestrian Supervisor: Manager Notified? Yes No Date of Accident: Time: Location: # of Vehicles: Vehicle #: Driving for Employer? Yes No Vehicle (Year and Make) State: License Plate #: Describe what happened: Describe what caused incident/accident/injury/near-miss. Be specific, name any objects or substances involved. (Use the back of the form if you need more space.) What type of injury? Be specific i.e. bruise, scrape, laceration, pulled a muscle, twisted an ankle. First Aid Treatment? Yes No Describe type of treatment: Provided by: Did you go to the hospital? Yes No Where? Witness(s): if more than two witnesses, use the back of the form. Name: Name: Address: Address: City/State/Zip: City/State/Zip: Telephone: Telephone: Draw the scene: (Use the back of the form if you need more space.) Date: Employee Name (print): Supervisor's Name (print): Time: Employee Signature: Supervisor's Signature: APPENDIX B Vehicle Inspection Report (All Vehicles) Vehicle Inspection Report (I R neH—t of Sa„them California (All Vehicles) w— Co-w. Date of Inspection: Department: Name of Inspector/Driver: Odometer reading: Vehicle/Truck/Trailer #: BOLD items are red tag offenses, repair before using vehicle Check any defective item and give details under "remarks" ENGINE: ❑ Fluid Leaks ❑ Battery ❑ Radiator ❑ Engine ❑ Starter ❑ All Fluid Levels ❑ Transmission CAB: ❑ Oil Pressure ❑ Windshield ❑ Windows ❑ Wiper Blades ❑ Mirrors ❑ Clutch ❑ Dash Lights ❑ Horn ❑ Spare bulbs & fuses ❑ All instrument gauges ❑ Fire Extinguisher ❑ First Aid Kit ❑ Triangles/flares/flags ❑ Heater/Defroster ❑ Seatbelts WALK -AROUND: ❑ Body ❑ Back Up Alarm ❑ Steps/Handles ❑ Coupling Devices ❑ Mud Flaps ❑ Fuel Tanks ❑ Muffler ❑ Rear End ❑ Fluid Leaks ❑ Wheels and Rims ❑ Tires ❑ Front Axle ❑ Suspension System ❑ Drive Line ❑ Steering Mechanism ❑ Lug nuts ❑ Frame & Assembly ❑ Exhaust System LIGHTS: ❑ Brake Lights ❑ Warning Lights ❑ Reflectors ❑ Head Lights ❑ Turn Signals BRAKE SYSTEM: ❑ Air Lines ❑ Brake Accessories ❑ Parking Brakes ❑Air Compressor ❑Service Brake TRAILER(s) NUMBER(s): ❑ Brake Connections ❑ Brakes ❑ Tires ❑ Coupling Devices ❑ Attenuator Bolts ❑ Hitch ❑ Landing Gear ❑ Lights -all ❑ Coupling Pin ❑ Attenuator Pins ❑ Wheels & Rims ❑ Lug Nuts ❑ Suspension System AERIAL DEVICE - Inspection of vehicle component is accomplished in the Tractor/Truck Section: ❑ Fluid Leaks ❑ Fasteners ❑ All fluid levels ❑ Power Take Off ❑ Liner ❑ Outriggers ❑ Hydraulic System ❑ Retaining Pins ❑ Welds ❑ Bucket ❑ Extension ❑ Safety Belt/Straps ❑ Ground Controls ❑ Bucket Lift Controls CONDITION OF THE TRUCK IS SATISFACTORY DRIVERS SIGNATURE: DEFECTS NEED TO BE CORRECTED BEFORE SAFE OPERATION OF VEHICLE DRIVERS SIGNATURE: ALL DEFECTS HAVE BEEN CORRECTED AND THE VEHICLE IS SAFE TO OPERATE I MECHANICS SIGNATURE: I DATE: I ACKNOWLEDGMENT OF UNDERSTANDING & RECEIPT Vehicle and Driver Safety Policy This policy has been established to ensure that everyone performs their assigned duties in a safe and correct manner. This policy is everyone's responsibility as we work together to identify and eliminate conditions and practices to reduce and prevent workplace accidents, injuries and illnesses. Through cooperation, communication and training, we will be able to obtain a safe working environment for all concerned. This policy is to be reviewed by everyone upon its implementation or when newly hired. This policy has been developed as a guide for safe work practices and is provided for your safety. Although this policy has been reviewed with you, you are responsible for reading and complying with it. Please ask if you have any doubts or questions on how to perform your job safely. Every employee is required to review and understand this policy. Please sign and date below and return only this page to your supervisor. I have read the attached policy and agree to comply with the safe working practice guidelines set forth in it. Reviewed by: (PRINT) Signature: Title: Date: Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: John Crater, Division Chief DATE: October 26, 2021 SUBJECT: Approve a Sponsorship Agreement with Trauma Intervention Program of Southwest Riverside County, Inc. for Traumatic Incident Citizen Support PREPARED BY: Wendy Miller, Management Analyst RECOMMENDATION: That the City Council approve a Sponsorship Agreement with Trauma Intervention Program of Southwest Riverside County, Inc., in the amount of $10,000 for Traumatic Incident Citizen Support. BACKGROUND: The Trauma Intervention Program, better known as TIP is a national non-profit organization that provides counseling and assistance at incidents when Fire and Police call upon them. Services include assistance to family members at an unexplained death, assault, vehicle accident or any incident that the responding public safety officer deems necessary. This program provides a needed service that will provide support to our Temecula residents in a time of need. TIP volunteers undergo a screening process prior to becoming accepted into the program. Prerequisites include passing a Department of Justice background check and a clean driving record. TIP volunteers also must be able to commit to three 12-hour shifts per month and cannot begin work until they attend a 55-hour training program that includes a one-on-one interview with the board, orientation, intense emotional training and a policies and procedures course. A number of municipalities and organizations throughout Riverside County utilize the Trauma Intervention Program, including the City of Murrieta, Canyon Lake, Lake Elsinore, Menifee and Wildomar. TIP volunteers also provide support in the unincorporated areas of Riverside County. Police and Fire utilize TIP at incidents when life -altering events take place. Because both entities use TIP's services the Police and Fire Department will split the funding for this program by providing $5,000 each from their Fiscal Year 2021-22 operating budgets. FISCAL IMPACT: Total expenditure not to exceed $10,000. Adequate funds are available in the Fiscal Year 2021-22 Police and Fire Department budgets. ATTACHMENTS: Sponsorship Agreement SPONSORSHIP AGREEMENT BETWEEN CITY OF TEMECULA AND TRAUMA INTERVENTION PROGRAM OF SOUTHWEST RIVERSIDE COUNTY, INC. THIS AGREEMENT is made and effective as of this 26T" day of October, 2021 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Trauma Intervention Program of Southwest Riverside County, Inc., a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall be available to respond to emergencies upon being contacted by the Fire Department, Police Department or City Authority. Availability shall be 24 hours a day, seven days a week. The Nonprofit will assist the citizens of Temecula at incidents deemed necessary by the City which may include, but not limited to: natural or unexplained death; victims of violent crimes, including rape, assault, robbery or burglary, victims displaced by fire; disoriented or lonely ederly persons; people involved in vehicle accident; survivors or suicide and those that are distraught and seeking immediate support. 2. TERM This Agreement shall commence on July 1, 2021 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2022, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the support services in Fiscal Year 2021-2022 the City agrees to pay the Nonprofit Ten Thousand Dollars and no cents ($10,000.00) on or before March 1, 2021. There is no in -kind services the Nonprofitwitll be called on as needed basis. 4. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement. 08/09/2021 5. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by July 1, 2021 its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 1185 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Recipient owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Receipient's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: Two million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 08/09/2021 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VI I or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Nonproft shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 6. GOVERNING LAW The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 7. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply 08/09/2021 with this section. 8. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 9. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Recipient: Trauma Intervention Program of Southwest Riverside Coutny Attn: Magda Stewart P.O. Box 585 Murrieta, CA 92564 15. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 16. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement 08/09/2021 based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 17. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 08/09/2021 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Maryann Edwards, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: Trauma Intervention of Southern Riverside County, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By:C�- ;rx !W/'/ Lisa McConnell, Chairwomen of the Board of Directors By: L "'e MagW Stewart, Chief Executive Office By: Peter M. Thorson, City Attorney NONPROFIT Trauma Intervention Program of Southwest Riverside County, Inc Magda Stewart P.O. Box 585, Murrieta, CA 92564 (951) 698-2453 magdaoftipswrc@gmaii.com City Purchasing Mgr. Initial and D t : �y p osiosi2021 Item No. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Michael Heslin, Director of Information Technology and Support Services DATE: October 26, 2021 SUBJECT: Authorize the Purchase of Industrial Switches for the Fiber Optic Communication System Upgrade Project, PW18-05 PREPARED BY: Paula Crowell, IT Manager RECOMMENDATION: That the City Council authorize the purchase of industrial switches as part of the Fiber Optic Communication System Upgrade Project, PW18-05, in the amount of $204,459.50. BACKGROUND: The Fiber Optic Communication System Upgrade Project will install fiber optic communication system upgrades including conduits, cables, closed circuit television (CCTV) cameras, traffic signal controllers, and related communication equipment to improve safety and operations with optimized traffic signal timing coordination. Various signalized intersections will be improved along the Winchester Road, Rancho California, and Temecula Parkway corridors. The construction contract for Fiber Optic Communication System Upgrade Project was awarded on September 14, 2021, to the low bidder, JFL Electric. The Fiber Optic Communications System Upgrade project relies on an expansion of the City's exiting fiber network. The City furnished industrial switches are necessary for the functionality and construction of the fiber optic communication system. On September 23, 2021, the City solicited a Request for Quotes (RFQ) via the City's online bidding system, PlanetBids. A total of 182 vendors were notified of the RFQ. On September 23, 2021, a total of 10 vendors submitted a responsive quote. The lowest qualified bidder was CDW Government, LLC., from Vernon Hills, Illinois, in the amount of $204,459.50. FISCAL IMPACT: The Fiber Optic Communication System Upgrade Project is identified in the City's Capital Improvement Program (CIP) Budget for Fiscal Years 2022-2026. It is funded with Highway Safety Improvement Program (HSIP) grant funding and Measure S funds. Adequate funds are available in the project accounts for the purchase cost of $204,459.50. ATTACHMENTS: CDW Quote QUOTE CONFIRMATION t PEOPLE WHO GET IT DEAR PAULA CROWELL, Thank you for considering CDW•G LLC for your computing needs. The details of your quote are below. Click here to convert your quote to an order. QUOTE # QUOTE DATE QUOTE REFERENCE CUSTOMER # GRAND TOTAL MJ W P534 9/ 22/ 2021 MJ W P534 5426957 $204,459.50 )ORTANT - PLEASE READ :cial Instructions: TAX: MULTIPLE TAX JURISDICTIONS APPLY : CONTACT CDW FOR TAX DETAILS ITEM QTY CDW# UNIT PRICE EXT. PRICE Cisco Industrial Ethernet 4000 Series - switch - 16 ports - 21 3749062 $2,645.65 $55,558.65 managed - TAA C Mfg. Part#:IE-4000-4S8P4G-E UNSPSC:43222612 TAX: TEMECULA, CA 8.7500% $4,861.38 Contract: MARKET CIS DIR SN CON-SSSNT-IE40004P 21 6085708 $548.90 $11,526.90 Mfg. Part#: CON-SSSNT-IE40004P Electronic distribution - NO MEDIA TAX: TEMECULA, CA .0000% $.00 Contract: MARKET CISCO DIRECT PWR-IE170W-PC-AC 31 5852965 $745.22 $23,101.82 Mfg. Part#: PWR-IE170W-PC-AC TAX: TEMECULA, CA 8.7500% $2,021.41 Contract: MARKET Cisco DIN rail mounting kit 31 4428939 $61.84 $1,917.04 Mfg. Part#: STK-RACK-DIN RAIL= UNSPSC:31162313 TAX: TEMECULA, CA 8.7500% $167.74 Contract: MARKET Cisco Rugged SFP - SFP (mini-GBIC) transceiver module - 82 1600298 $606.95 $49,769.90 GioE Mfg. Part#: GLC-LX-SM-RGD= UNSPSC:43201553 TAX: TEMECULA, CA 8.7500% $4,354.87 Contract: MARKET Cisco Industrial Ethernet 4000 Series - switch - 16 ports - 10 3614128 $3,951.99 $39,519.90 managed - TAA C Mfg. Part#: IE-4000-4GS8GP4G-E UNSPSC:43222612 TAX: TEMECULA, CA 8.7500% $3,457.99 Contract: MARKET Page 1 of 2 CIS DIR SN CON-SSSNT-IE40004P Mfg. Part#: CON-SSSNT-IE40004P Electronic distribution - NO MEDIA TAX: TEMECULA, CA .0000% $.00 Contract: MARKET 10 6085708 $820.19 $8,201.90 PURCHASER BILLING INFO SUBTOTAL $189,596.11 Billing Address: SHIPPING $0.00 CITY OF TEMECULA SALES TAX $14,863.39 ACCOUNTS PAYABLE 41000 MAIN ST GRAND TOTAL $204,459.50 TEMECULA, CA 92590-2764 Phone: (909) 694-6440 Payment Terms: Net 30 Days-Govt State/Local Please remit payments to: CDW Government DELIVER TO Shipping Address: CITY OF TEMECULA 75 Remittance Drive OSCAR LOPEZ Suite 1515 41000 MAIN ST Chicago, IL 60675-1515 TEMECULA, CA 92590-2764 Phone: (909) 694-6440 Shipping Method: DROP SHIP -GROUND Jordan Hamu 1 (877) 881-6914 This quote is subject to CDW's Terms and Conditions of Sales and Service Projects at htt w cdwa.com/content/terms-conditions/product-sales.aspx For more information, contact a CDW account manager © 2021 CDW•G LLC 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 1 800.808.4239 jordham@cdwg.com Page 2 of 2 Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: October 26, 2021 SUBJECT: Approve the Agreement with Gosch Ford Temecula for the Purchase of Four (4) 2021 Ford Ranger 4X4 XL Trucks PREPARED BY: Stacey Biddle, Management Assistant Julie Tarrant, Principal Management Analyst RECOMMENDATION: That the City Council approve an agreement with Gosch Ford Temecula for the purchase of four (4) 2021 Ford Ranger 4X4 XL Trucks, in the amount of $121,734.76. BACKGROUND: On September 9, 2021, the Public Works Department electronically posted on the City of Temecula online bidding services, Planet Bids, RFQ No. 055 for the Purchase of Four (4) 2021 Ford Ranger 4X4 XL Trucks. The solicitation specified factory standard equipment with a trailer tow package. The solicitation was posted for a period of three weeks, and we received two bids by the submission deadline of September 30, 2021. Paradise Chevrolet provided a quote for a similar model, the Chevrolet Colorado; however, Gosch Ford was the only bidder that provided a proposal for the specified vehicle type as outlined in the RFQ. The purchase of these fleet vehicles will provide for replacements of existing vehicles for the Land Development and CIP Divisions of the Department of Public Works. Pursuant to the City's purchasing policy, staff recommends the authorization of the purchase of four (4) 2021 Ford Ranger 4X4 XL trucks. FISCAL IMPACT: The purchase of these fleet vehicles is included, and adequate funds are available in the Fiscal Year 2021-2022 Annual Operating Budget, Capital Outlay, Vehicles and Equipment Replacement Fund. ATTACHMENTS: Purchase Agreement Gosch Ford Temecula AGREEMENT FOR PURCHASE OF VEHICLE BETWEEN CITY OF TEMECULA AND GOSCH FORD TEMECULA FOUR (4) 2021 FORD RANGER 4X4 TRUCKS THIS AGREEMENT is made and effective as of October 26, 2021, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Gosch Ford Temecula, a Corporation (hereinafter referred to as "Vendor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on October 26, 2021, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2022, unless sooner terminated pursuant to the provisions of this Agreement. 2. PURCHASE AND SALE OF VEHICLE On and subject to the terms and conditions set forth in this Agreement and the Agreement Documents, Vendor agrees to sell and deliver to the City four (4) 2021 Ford Ranger 4x4 Trucks, as more particularly described in Exhibit A, Description of Vehicles (hereinafter referred to as "Vehicles"), attached hereto and incorporated herein as though set forth in full. 3. PURCHASE PRICE The purchase price which City agrees to pay to Vendor for the Equipment is One Hundred Twenty -One Thousand, Seven Hundred Thirty -Four Dollars and Seventy -Six Cents ($121,734.76). The Purchase Price is final and shall be paid by City to Vendor in accordance with the following schedule: four (4) vehicles at $30,443.69 each, paid by City to Vendor within thirty (30) days upon receipt of non -disputed invoice. 4. REPRESENTATION AND WARRANTIES OF VENDOR Vendor makes the following representations and warranties to City: a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title, License and Operating Condition. Vendor has good and marketable title to all of the Equipment. All of the Equipment is free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Equipment is in good operating condition, is free of any defects, and is in conformity with the specifications, descriptions, representations and warranties set forth in the Agreement Documents. Vendor is aware that City is purchasing the Vehicles for use as Fleet Vehicles, and 08/06/2021 that City is relying on the warranties of the Vendor that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. C. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contains or will contain any untrue statements of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 5. TIME OF DELIVERY The date and time of delivery of the Equipment shall be on or before June 30, 2022. 6. PLACE OF DELIVERY The Equipment shall be delivered to the following location: City of Temecula Field Operations Center 43230 Business Park Dr. Temecula, CA 92590 7. TITLE AND RISK OF LOSS Title to and the risk of loss, damage and destruction of the Equipment shall remain with the Vendor until after inspection and acceptance of the Equipment by City. 8. INSPECTION AND ACCEPTANCE City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipmentfails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 9. REJECTION In the event of such notice of non -conformity by City pursuant to the section entitled "Acceptance" above, City may, at its option, (1) reject the whole of the Equipment, (2) accept the whole of the Equipment, or (3) accept any commercial unit or units of the Equipment and reject the remainder. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses. 10. NO REPLACEMENTS OF CURE This Agreement calls for strict compliance. Vendor expressly agrees that both the Software tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Software or any part thereof pursuant to the section entitled "Rejection" above, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to affect a cure of the original tender by Vendor. 08/06/2021 11. INDEMNIFICATION Vendor agrees to defend, indemnify, protect, and hold harmless, the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, and its officers, officials, employees, agents, and volunteers, from and against any and all claims, demands, losses, defense costs or expenses, actions, liability or damages of any kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees, and volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Vendor's negligent or wrongful acts or omissions arising out of or in any way related to the Work or the Vendor's performance or non-performance of this Agreement, excepting only liability out of the sole negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 12. AGREEMENT DOCUMENTS a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: • Description of Vehicles (from the Request for Quote (RFQ, Bid or Quote)), attached hereto as Exhibit A • Response/Quotation to the Request for Quote (RFQ), attached hereto as Exhibit B b. In the event any term or condition of the Agreement Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. C. In the event of a conflict in terms between this Agreement, the Request for Quote (RFQ) and/or the Vendor's response to the RFQ, this Agreement shall prevail over the RFQ and the Vendor's response to the RFQ. 13. REMEDIES The remedies and rights conferred on the City by this Agreement are in addition to and cumulative with all other remedies and rights accorded the City under law or equity. 14. SURVIVAL OF RERESENTATIONS AND WARRANTIES All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery and performance of this Agreement. 15. LEGAL RESPONSIBILITIES The Vendor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 08/06/2021 16. ASSIGNMENT The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns. Upon termination of the Agreement, Vendor's sole compensation shall be payment for actual equipment received. 17. SEVERABILITY If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the parties. 18. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Vendor, or Vendor's sub -Contractors for this project, during his/her tenure or for one year thereafter. The Vendor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, the proceeds thereof or in the business of the Vendor or Vendor's sub -Contractors on this project. Vendor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT; MODIFICATION; WAIVER This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and thereof and supersedes all prior and contemporaneous agreements, representations and understandings of the parties, whether oral or written. No supplement, modification or amendment of this Agreement or the Agreement Documents shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement or the Agreement Documents shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 20. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. 08/06/2021 Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Vendor: Gosch Ford Temecula Attn: Robert Gonzalez 26897 Ynez Rd Temecula, CA 92591 21. EFFECTS OF HEADINGS The subject headings of the sections and subsections of this Agreement are included for convenience only and shall not affect or be considered in the construction or interpretation of any of its provisions. 22. GOVERNING LAW This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The City and Vendor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 23. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind the Vendor to the performance of its obligation hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 08/06/2021 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By Maryann Edwards, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: GOSCH FORD TEMECULA (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Marc Gosch, President By. - Robert Gon alez, Fleet Manager By: Peter M. Thorson, City Attorney VENDOR Gosch Ford Temecula Robert Gonzalez 26895 Ynez Rd, Temecula CA 92591 951. 699. 1302 RGonzalez@GoschMall.com City Purchasing Mgr. Initials and Date: 08/06/2021 DESCRIPTION OF VEHICLES MO. ITEM DESCRIPTION SPECIFICATION INCLUDED IYESINO) 1. Model 2021 Ford Ranger XL Supercab, 5' Box, 4x4 2. Engine 2.3L Eco0oost with Auto Start -Stop Technology 3. Transmission Electronic Ten -Speed Automatic 4. Exterior • 16-Inch Silver Steel Wheels + Bedliner— Tough Bed Spray -in ■ Remote Key Fob with Tailgate Lock (4 total per vehicle) ■ Perimeter Anti -Theft Alarm + open Style Differential Axle ■ P255/70R Ifs" Ali -Season Black Side Wall Tires + Power Glass Sideview Mirrors + Paint: Oxford White 5. Interior + Ebony • Cloth Bucket Front Seats + Single Zone Manual Air Conditioning Black Vinyl Floor Covering + Day/Night Rearview Mirror ■ Cruise Control • AMIFM Stereo with 6 Speakers and SYNC • 2 Additional Key Fogs 4 total per vehicle) 6. Packages • XL 101A • Trailer Taw Package 7. Additional Vehicle Registration: Requirements Dealer shall provide all DMV services for permanent registration and supply exempt license plates. 08/06/2021 EXHIBIT B QUOTATION VENDOR INFORMAT QM Name of Vendor: i sc z4 ie-rvy e c! C' Address: -� Phone: q- - -7i 1- 9- Z Z E-Mail: ! J ^74xi kv"^ a.; Make: Model: Year: Color: Four (4) 2021 Ford Ranger XL Trucks A) PRICE PER VEHICLE Vehicle Price: 1 $ Equipment Price: #Dvc- � Saless Tax; f TOTAL PRICE: $ {�' �41 ! �G I__-- / _ If 8 08/06/2021 1. Costs stated within the Unit Sales Price are all inclusive for Specifications listed. 2. The price Is to include one complete Technical Services Manual for the truck and all other equipment plus one parts book and Ownees (Manual for unit supplied, 3. Price quoted shall include all delivery and unloading charges. 4. Upon delivery, the vendor shall provide a minimum of five hours of on-the-job training far operators and mechanics, 5. The equipment furnished under this contract shall, be completely serviced by the vendor prior to delivery. it shall be ready for operation when delivered. Any further servicing by the vendor will not be required except in connection with repairs or adjustments covered by the manufacturer or dealer's warranty. 6. The vehicle furnished shall be new and unused, current model with standard factory fittings, trim and accessories unless otherwise noted. 7. Signing this Proposal guarantees delivery within, 245. days of receipt cf Purchase Order. PRINT NAME Of AUTHORIZED REPRESENTATIVE: SIGNATII RE: - -- 9 08/06/2021 Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: October 26, 2021 SUBJECT: Award a Construction Contract to Atom Engineering Construction, Inc. for the Flood Control Reconstruction and Repair Project, PWI I-10 PREPARED BY: Avlin Odviar, Senior Civil Engineer Nino Abad, Associate Civil Engineer RECOMMENDATION: That the City Council: 1. Award a Construction Contract to Atom Engineering Inc., in the amount of $998,398, for the Flood Control Reconstruction and Repair Project, PW11-10; and 2. Authorize the City Manager to approve change orders up to $99,839.80, which is 10% of the contract amount; and 3. Authorize payment of up to $7,428.84 to the Regional Conservation Authority (RCA) for the project Multiple Species Habitat Conservation Plan (MSHCP) fee. BACKGROUND: On July 27, 2021, the City Council adopted the environmental document, approved the plans and specifications, and authorized the Department of Public Works to solicit construction bids for the Flood Control Reconstruction and Repair Project, PW 11-10. On August 4, 2021, the City filed the Notice of Determination with the County Clerk and Recorders Office. The project proposes to protect City facilities located adjacent to flood control channels from potential damage by water and soil erosion. Each site is evaluated for susceptibility. Appropriate protective measures are developed, designed, and constructed such that flood plain management and safe operation of the facility are maintained. Staff has identified Friendship Park (formerly Pala Community Park) as requiring erosion mitigation consisting of a 427-foot-long sheet pile wall constructed underground along the northern boundary of the park, adjacent to the soccer field. The wall will be embedded approximately 30 feet below the park ground level. Thus, if erosion and significant sediment movement occurs within Temecula Creek during heavy storms, the embedded wall will support the park grounds. A sidewalk will be constructed generally along the top of the wall to mark its location and provide access around the soccer field. The construction contract was publicly advertised between September 9, 2021 and October 7, 2021. Six (6) bids were received and publicly opened on October 7, 2021. Staff has reviewed and analyzed the bids. The results are as follows: Contractor Bid Amount 1 Atom Engineering Construction, Inc $998,398.00 2 Bosco Constructors Inc $1,093,482.50 3 LB Civil Construction, Inc. $1,177,895.00 4 Granite Construction $1,214,000.00 Beador Construction Company, Inc Non -Responsive Houalla Enterprises, Ltd. Non -Responsive The bids submitted by Beador Construction Company, Inc and Houlla Enterprises, Ltd. both failed to meet the self -performance requirement of at least 50% of their total respective bid amounts. Therefore, both bids were deemed non -responsive. Of the remaining bids, staff found Atom Engineering Construction, Inc. of Hemet, California to be the lowest responsive and responsible bidder. Atom Engineering Construction, Inc. has successfully completed similar projects for other public agencies. The Engineer's Estimate for construction is $1,015,270. The project specifications allow for 45 working days (approximately 2 months) to complete the work. 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 requires 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 $11,982/acre. The total impact area is approximately 0.62 acres for a total fee of $7,428.84. The final impact area, not to exceed 0.62 acres, and corresponding fee will be confirmed with the RCA prior to payment. FISCAL IMPACT: The Flood Control Reconstruction and Repair Project, PWI I-10 is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2022-2026 and funded with General Fund and Measure S. There are adequate funds to cover the contract amount of $998,398.00 plus the 10% contingency of $99,839.80 and the MSHCP Fee of up to $7,428.84 for a total encumbrance of $1,105,666.64. ATTACHMENTS: 1. Contract 2. Project Description CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT for FLOOD CONTROL CHANNEL RECONSTRUCTION AND REPAIR PROJECT NO. PW11.10 THIS CONTRACT, made and entered into the W day of October, 2021 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", and ATOM ENGINEERING CONSTRUCTION, 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 FLOOD CONTROL CHANNEL RECONSTRUCTION AND REPAIR, PROJECT NO. PW11-10, 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 FLOOD CONTROL CHANNEL RECONSTRUCTION AND REPAIR, PROJECT NO. PW11.10. 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 FLOOD CONTROL CHANNEL RECONSTRUCTION AND REPAIR, PROJECT NO. PW11-10. 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. 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. P�YKe79041;1 77: 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: FLOOD CONTROL CHANNEL RECONSTRUCTION AND REPAIR, PROJECT NO. PW1140 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 5. The City agrees to pay, and Contractor agrees to accept, in full payment for, the work agreed to be done, the sum of: NINE HUNDRED NINETY-EIGHT THOUSAND THREE HUNDRED NINETY-EIGHT DOLLARS AND ZERO CENTS ($998,398), the total amount of the base bid. Contractor agrees to complete the work in a period not to exceed forty five (45) working days, commencing with delivery of a Notice to Proceed by City. Construction shall not commence until bonds and insurance are approved by City. 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. 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 fling a one-year ca 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. d. 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. LIQUIDATED DAMAGES / EXTENSION OF TIME a. Liquidated Damaaes: 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. Contractor shall 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 htto://www.dir.ca.cov. 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 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 Project for 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 cr 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 18. 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. 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. 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 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. D5 22. 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. INSURANCE. The Contractor shall procure and maintain, for the duration of the Contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representatives, employees or subcontractors. Minimum Scope of Insurance: Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability Form No. CG 00 01 1185 or 88. 2. Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3. Worker's' Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Contract, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. Minimum Limits of Insurance: The Contractor shall maintain limits no less than: 1. General Liability: Two Million Dollars $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectllocation or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: One Million Dollars$1,000,000 per accident for bodily injury and property damage. 3. Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars $1,000,000 per accident for bodily injury or disease. Deductibles and Self -Insured Retentions: Any deductibles or self-insurance retentions shall not exceed Twenty -Five Thousand Dollars $25,000. C6 Other Insurance Provisions: The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers are to be covered as insureds as respects to liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by the City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. 4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Each insurance policy required by this Contract shall be endorsed to state in substantial conformance to the following: If the policy will be cancelled before the expiration date the insurer will notify in writing to the City of such cancellation not less than 30 days prior to the cancellation effective date. 6. If insurance coverage is cancelled or reduced in coverage or in limits, the Contractor shall within two business days of notice from the insurer, phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-, VII or better, unless otherwise acceptable to the City. Self- insurance shall not be considered to comply with these insurance requirements. Verification of Coverage: Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. c-7 Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 24, RECOVERED MATERIALS AND SOLID WASTE DISPOSAL ACT Contractor agrees to comply with all requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 25. TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT Contractor shall not procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115- 232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, or any subsidiary or affiliate of such entities. Covered equipment also includes video surveillance and telecommunications equipment or services provided by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company, any subsidiary or affiliate of such entities, and any entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 26. COMPLIANCE WITH LAWS The Contractor shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time the Contractor performs pursuant to the Contract Documents, and shall comply with all grant or funding terms and conditions applicable to the Contract and/or the work 27. 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 at seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 at 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 fling 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 C-8 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. G9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: 10I I ZI ZI CONTRACTOR: ATOM Engineering Construction, Inc Attn: Larry Boyer 40410 Vista Road Hemet, CA 92544 (951) 766-2806 estimating@atomengconst.com :? Tamara Boyer Print or type NAME President Print or type ITLE* By: Larry Boyer Print or type NAME Secretary Print or type TITLE* (*Signatures of two corporate officers required for Corporations) DATED: ATTEST: Randi Johl, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CITY OF TEMECULA By: Maryann Edwards, Mayor C-10 ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside } On U9117'1 Lf before me, Darci Lynn Vaez, Notary Public (Ri, nw ..a... personally appeared Tamara Boyer and Larry Boyer who proved to me on the basis of satisfactory evidence to be the person Dwhose names is,t'�r subscribed to the within instrument and acknowledged to me that he/shelf to executed the same in his/he el uthorized capacityl@0 and that by his/her el signature& on the instrument the person@ , or the entity upon behalf of which the person gacted, 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. 41. pARCI LYNN VAEZ WITNESS my hand and official seal. Notary Public - CNBWma n Riverside County Commission - 2335172 ,�/My Comm. Expires Oct 9, 2024 MMary Public Signature (Notary Public Seal) OF THE ATTACHED DOCUMENT CII r+xa (Ttle or desenption of elected document) Pages A Document Date tokoh/ CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) O Corporate Officer resident d Secrete la ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version w.rw.NotaryCtasses cum BM873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM Thisforesromp6esmid, cavenr Cal fomm sramtes mgardmgnomry wordmgand, eJnervateshouldbecompletedandecreamd ro eheoatto Micron, Im refe atording does ccrue theCjormcamenu beingsentm the smw encongas. wording does rmrrequire the Calj ram notary ro violau Caltjomia nota, law. • State and Cowry information must be the State and County where the documerd signers) personally appeared before the nomry public frracknowledgment. • Date ofnotariastion must be the date that the signals) personalty appeared which most also be the same date the acknowledgment is completed. • The notary public must print his a her time as it appears within his or her commission followed by a comma aM then your title (notary public). • Print the namgs) of document signers) who personally appear at the time of notanution. • Indiwte the correct singular or plural forms by crossing off incorrect ferns he he/shehlm ,- Is /ace) or circling the correct forms. Failure to correctly indicate this information may land to rejection ofdocumem recording. • The nomry seal impression must be clear and photographically reproducible. Impression must not cover text or Imes. If seal impression smudges, reseal if a sumcient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the wunty clerk. 4 Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of entered document, number ofpsgce and date. 0 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, Indicate the otlo E, CEO, CFO, Secretary). • Securely attach Nis dacumem to the signed documen[witha sepia. f Adk The Heart of Southern California Wine Country City of Temecula Fiscal Years 2022-26 Capital Improvement Program FLOOD CONTROL CHANNEL RECONSTRUCTION & REPAIR Parks/Recreation Project Project Description: This project repairs and reinforces the earth and berms between specific park sites and flood control channels, and fortifies the banks to prevent further erosion into the park sites. A report for Friendship Park, Michael "Mike" Naggar Community Park, and Long Canyon Creek Park was developed. The funding identified through Fiscal Year2019-20 covers the construction work required to protect Friendship Park. The Future Years funding is to protect Michael "Mike" Naggar and Long Canyon Community Parks. Benefit: This project prevents further erosion into specific park sites. Core Value: Healthy and Livable City Project Status: A study of the affected parks was completed in Fiscal Year 2014-15. Design and construction of the recommended fixes will be implemented based on available funds. Design and Environmental Permitting for the Friendship Park portion is expected to be complete in FY20-21. Construction will begin in September 2021 and be complete by end of 2024. Department: Public Works - Account No. 210.290.999.127 / PW11-10 Level: I Project Cost: Prior Years Actuals 2020-21 Adjusted 2021-22 Adopted 2022-23 Budget Projected 2023-24 2024-25 Projected Projected 2025-26 Projected Total Project Cost Administration 211,844 79,116 220,000 510,960 Construction 56,438 1,039,501 206,000 3,822,532 5,124,471 Construction Engineering 78,500 13,500 160,000 252,000 Design & Environmental 361,734 87,691 550,000 999,425 MSHCP 52,404 6,593 191,127 250,124 Total Expenditures 630,016 1,337,212 226,093 - 4,943,659 7,136,980 Source of Funds: General Fund 650,284 650,284 Measure S 797,427 519,517 226,093 1,543,037 Unspecified 4,943,659 4,943,659 Total Funding 1,447,711 519,517 226,093 - 4,943,659 7,136,980 Future Operating & Maintenance Costs: Total Operating Costs 153 Item No. 10 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: October 26, 2021 SUBJECT: Approve First Amendment to the Minor Maintenance Agreement for Landscape Maintenance Services with Nieves Landscape, Inc. PREPARED BY: Julie Tarrant, Principal Management Analyst Stacey Biddle, Management Assistant RECOMMENDATION: That the City Council approve the First Amendment to the Minor Maintenance Agreement for Landscape Maintenance Services with Nieves Landscape, Inc., in the amount of $607,225.60 for Fiscal Year 2021-2022, and approve contingency for extra work in the amount of $121,445, which is approximately 20% of the Agreement amount. BACKGROUND: On April 27, 2021, City Council approved an annual agreement with Nieves Landscape, Inc. for landscape maintenance services at city facilities, medians, parks, trails, and slopes. This amendment will add scope to include landscape maintenance services at nine (9) park sites, including city sports parks, various baseball fields and tennis courts located at seven school sites throughout the city, and the perimeter landscaping at the Community Recreation Center. Nieves Landscape, Inc., has shown they are capable and responsive to the needs of the city to provide a variety of landscape maintenance services and offers an efficient and economical means of completing the work. FISCAL IMPACT: Adequate funds are available in the Annual Operating Budget Fiscal Year 2021-2022. ATTACHMENTS: First Amendment — Nieves Landscape, Inc. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND NIEVES LANDSCAPE, INC. LANDSCAPE MAINTENANCE THIS FIRST AMENDMENT is made and entered into as of October 26, 2021 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Nieves Landscape, Inc., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On April 27, 2021, the City and Contractor entered into that certain Agreement entitled "Agreement for Minor Maintenance Services," in the amount of $1,757,796.00, plus contingency in the amount of $351,559.20. b. The parties now desire to add scope of work, increase the payment in the amount of $607,225.60, and to amend the Agreement as set forth in this Amendment. 2. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed Six Hundred Seven Thousand, Two Hundred Twenty -Five Dollars and Sixty Cents ($607,225.60) for additional landscape maintenance services for a total Agreement amount of Two Million, Seven Hundred Sixteen Thousand, Five Hundred Eighty Dollars and Eighty Cents ($2,716,580.80). 3. Exhibits A and B to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA NIEVES LANDSCAPE, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) l �4 Lj ,i By: By: (i Maryann Edwards, Mayor Greg ieve, , F*esident & Secretary ATTEST: By: Rand! Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Nieves Landscape, Inc. Attn: Walter Sato 1629 E. Endinger Ave. Santa Ana, CA 92705 Ph. (714) 334-1677 WSato@nieveslandscape.com City Purchasing Mgr. Initials and Date: - 10/18/21 08/09/2021 ATTACHMENT A Landscape Maintenance service areas will now also include the following: Site No. Site Name SP-01 Ronald Reagan Sports Park SP-02 Paloma Del Sol Park SP-03 Pala Community Park SP-04 Kent Hintergardt Park SP-05 Margarita Community Park SP-06 Temeku Hills Park SP-07 Harveston Community Park SP-08 Patricia H. Birdsall Sports Park SP-09 Roripaugh Ranch Sports Park SC-01 Temecula Middle School - baseball fields SC-02 Temecula Elementary School - baseball fields SC-03 James L Day Middle School - baseball fields SC-04 Temecula Valley High School - tennis courts SC-06 Vail Ranch Middle School - baseball fields/basketball courts SC-09 Great Oak High School - tennis courts SC-10 Erie Stanley Gardner Middle School - tennis courts F-01 Community Recreation Center 08/09/2021 14AW11:11 Contract amount reflects 8 months of service (November 1, 2021 — June 30, 2022) at $75,903.20/mo. Landscape Maintenance Service Area Fee Schedule SPORTS PARKSISCHOOL SITES Site No. Site Name Monthly Fee FY21/22 Annual Cost FY21/22 SP-011 Ronald Reagan Sports Park $ 14,787.59 $ 177,451.08 SP-02 Paloma Del Sol Park $ 5,501.91 $ 66,022.92 SP-03 Pala Community Park $ 3,176.48 $ 38,11776 SP-04 Kent Hintergardt Park $ 5,454-82 $ 65,457-84 SP-05 Margarita Community Park $ 5,385.61 $ 64,627.32 SP-06 TemekU Hills Park $ 5,666.82 $ 68,00184 SP-07 Harveston Community Park $ 8,8'14.95 $ 105,779.40 SP-08 Patricia H- Birdsall Sports Park $ 13,334A6 $ 160,013.52 SP-09 Roripaugh Ranch Sports Park* $ 8,47U1 $ 101,640-12 SC-011 Ternecula Middle School - baseball fields $ 423.98 $ 5,087-76 SC-02 Temecula Elementary School - baseball fields $ 435.78 $ 5,229.36 SC-03 James L Day Middle School - baseball fields $ 359.77 $ 4,31724 SC-04 TeMeCUIO Valley High School - tennis courts 424.67 $ 5,096.04 SC-06 Vail Ranch Middle School - baseball fields/basketball courts $ 588.89 $ 7,066.68 SC-09 Great Oak High School - tennis courts $ 338.73 $ 4,064.76 SC-10 Ede Stanley Gardner Middle School - tennis courts $ 33833 $ 4,064,76 F-01 Community Recreation Center 2,400.00 $ 28,800.00 TOTAL: $ 76,903.20 $ 910,838.40 Roripaugh Ranch Sports Park - currently in development and is anticipated to be active park in FY21/22 08/09/2021 Item No. 11 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: October 26, 2021 SUBJECT: Receive and File Temporary Street Closures for 2021 Winterfest Events PREPARED BY: Anissa Sharp, Office Specialist II Nick Minicilli, Senior Traffic Engineer RECOMMENDATION: That the City Council receive and file the temporary closure of certain streets for the following 2021 Winterfest Events: ROD RUN PU'ESKA MOUNTAIN DAY SANTA' S ELECTRIC LIGHT PARADE TEMECULA ON ICE CHILLED IN THE PARK NEW YEAR'S EVE GRAPE DROP BACKGROUND: Six special events are scheduled between November 2021 and January 2022 which necessitates the physical closure of all or portions of certain streets within the Old Town area and other streets throughout Temecula. These closures are necessary for event operation as well as to protect participants and viewers. The six events and associated street closures are as follows: 1) ROD RUN — November 511 and 6' The semi-annual Rod Run event will be held Friday and Saturday, November 51h and 6th in Old Town Temecula with street closures scheduled as follows: 4:00 p.m. to 8:30 p.m. on Friday, November 5th Old Town Front Street and South Moreno Road to Second Street 4:30 a.m. to 5:00 p.m. on Saturday, November 6th Main Street 8:00 a.m. on Friday, November 5' Main Street Bridge (East of Old Town Front to Street) to Mercedes Street 5:00 p.m. on Saturday, November 6tn Third, Fourth, Fifth, and Sixth Streets Mercedes Street to Murrieta Creek 4:00 p.m. on Friday, November Scn to Second Street Mercedes Street to Old Town Front Street 5:00 p.m. on Saturday, November 6' Street closures for the Rod Run event are shown on Exhibit "A" attached hereto. 2) PU'ESKA MOUNTAIN DAY — November 15' The Pu'6ska Mountain Day event will be held Monday, November 15'h in the Town Square. This local holiday will be held at 4:30 p.m. to observe the culture of the Pechanga Band of Luiseiio Indians and the Sacred Creation Area of Pu'6ska Mountain. The street closures scheduled are shown below: Main Street Monday, November 15' Old Town Front Street to Mercedes Street 8:00 a.m. to 8:00 p.m. Mercedes Street Monday, November 15' Third Street to Fourth Street 8:00 a.m. to 8:00 p.m. Street closures for the Pu'6ska Mountain Day event are shown on Exhibit "B" attached hereto. 3) SANTA'S ELECTRIC LIGHT PARADE — December 3rd The Santa's Electric Light Parade will be held Friday, December 3rd at 7:00 p.m. along Jefferson Avenue. Traffic will be detoured around the event via Public Works traffic control signage and Police personnel with street closures as follows: Jefferson Avenue Del Rio Road to Overland Drive 12:00 p.m. to 11:00 p.m. Jefferson Avenue Rancho California Road to Del Rio Road 6:00 p.m. to 10:00 p.m. Del Rio Road 4:00 p.m. to 10:00 p.m. Calle Cortez 4:00 p.m. to 10:00 p.m. Las Haciendas Street 4:00 p.m. to 10:00 p.m. Via Montezuma 7:00 p.m. to 10:00 p.m. Overland Drive Jefferson Avenue to Enterprise Circle West 7:00 p.m. to 10:00 p.m. Commerce Center Drive 7:00 p.m. to 10:00 p.m. Rider Way 7:00 p.m. to 10:00 p.m. Enterprise Circle South 7:00 p.m. to 10:00 p.m. Enterprise Circle West to Winchester Road Enterprise Circle West 7:00 p.m. to 10:00 p.m. Commerce Center Drive to Winchester Road Street closures for Santa's Electric Light Parade event are shown on Exhibit "C" attached hereto. 4) TEMECULA ON ICE — December 911 to January 211 (The Annual Holiday Season Ice Skating Rink in Old Town) The annual Temecula On Ice holiday ice skating rink at the Town Square Park will be open for public use from Thursday, December 9, 2021 to Sunday, January 2, 2022. The actual duration of the road closures will be from Tuesday, November 30, 2021 to Friday, January 7, 2022. These additional days will allow for set-up and take -down of the temporary ice skating rink. It is necessary to close Mercedes Street during this period for the safety and protection of pedestrians crossing Mercedes Street from the parking structure and other parking areas across Mercedes Street. The street closures necessary are as follows: Main Street 8:00 a.m. on Tuesday, November 30th from the easterly driveway edge of to 28636 Old Town Front Street 4:00 p.m. on Friday, January 7tn at Be Good Restaurant to Mercedes Street Mercedes Street 8:00 a.m. on Tuesday, November 301h to Third Street to Fourth Street 4:00 p.m. on Friday, January 7th Street closures for the Temecula On Ice event are shown on Exhibit "B" attached hereto. 5) CHILLED IN THE PARK — December 1811 The Chilled in the Park event will be held Saturday, December 181h from 12:00 p.m. to 8:00 p.m. at the Ronald Reagan Sports Park. The event street closures scheduled are as follows: Pauba Road 5:00 a.m. on Saturday, December 18th from Margarita Road to Showalter Road to 12:00 a.m. on Sunday, December 19th 5:00 a.m. on Saturday, December 181h Calle Venture to 12:00 a.m. on Sunday, December 19th 5:00 a.m. on Saturday, December 181h Calle Camellia to 12:00 a.m. on Sunday, December 19th 5:00 a.m. on Saturday, December 181h Showalter Road to 12:00 a.m. on Sunday, December 19th Margarita Road 8:00 p.m. on Saturday, December 18th between Rancho Vista Road and Pauba Road to 10:00 p.m. on Sunday, December 18th Street closures for the Chilled in the Park event are shown on Exhibit "D" attached hereto. 6) NEW YEAR'S EVE GRAPE DROP — December 31 St The annual New Year's Eve Grape Drop will be held Friday, December 3 1 ' at the Civic Center with street closures scheduled as follows: Main Street 3:00 p.m. on Friday, December 31St Old Town Front Street to Mercedes Street to 1:30 a.m. on Saturday, January 1st 3:00 p.m. on Friday, December 3 Pt Mercedes Street to Third Street to Fourth Street 1:30 a.m. on Saturday, January lst Street closures for the New Year's Eve Grape Drop event are shown on Exhibit `B" attached hereto. Street closures are allowed by the California Vehicle Code upon approval by the local governing body for certain conditions. Under Vehicle Code Section 21101, "Regulation of Highways," local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing." Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events, provides standards and procedures for special events on public streets, highways, sidewalks, or public right of way and authorizes the City Council or City Manager to temporarily close streets, or portions of streets, for these events. FISCAL IMPACT: The costs of police services, as well as services provided by the City Public Works Maintenance Division (for providing, placing and retrieving of necessary warning and advisory devices), are appropriately budgeted within the City's operating budget. ATTACHMENTS: Exhibit A — Temecula Rod Run 2021 Road Closures Exhibit B — Winterfest Road Closures 2021 Pu'eska Mountain Day, Temecula On Ice, and the New Year's Eve Grape Drop Exhibit C — Santa's Electric Light Parade 2021 Road Closures Exhibit D — Chilled in the Park 2021 Road Closures Moreno_ R `*'4. Old Town Front St Exhibit A Temecula Rod Run 2021 Road Closures f Mercedes St f [� � a� �.. .. � y.ri.. .cm n�., In . �� - rr. �.r1r rr .. - . � .. ___ i�er •nf .�_ �.. Th.,- -• � -- � Fifth St a Fourth St Third St Second St MRr JJFl 1'� Y Main St 'i _x ■ �" - PI 1,f a $;.•'s e V tt:,. "fir .� ' 4 of �,._� :: r � '�iT � it .: ■. , • * ,Aj e Road Closure —.1 Exhibit B Winterfest Road Closures 2021 WaFft Mercedes St Wel ob 4k 4, .416 Wr. 31UNT. --------------- - -- Ir t Fourth it 1— Third Sit Winterfest Events Main Pu'dska Mountain Day 1 7S :tvf November 15th V4 • Temecula on Ice December 9th — January 2nd • New Year's Eve Grapedrop w� rr December 31st 28636 Old Town Front St Road Closure - - Exhibit C Santa's Electric Light Parade 2021 Road Closures ti.. Jefferson Ave - 4 Overland Dr ` ' . ,'• . Calie Cortez +3f Commerce Center Dr Enterprise Circle S4' ` Rancho California Rd w • 'Y � — r . 1 i y Jb - Y - -' Del Rio Rd -'max Rider Wa4 Via Montezuma Y - .y � - Las Haciendas Diaz Rd Road Closure 12 - 11 Road Closure 6 - 10 PM Winchester Rd , Road Closure 4 - 10 PM Enterprise Circle W ko1°° try Exhibit D Chilled in the Park 2021 Road Closures PF }# RRR .i' Road Closure Dec. 18th 5 AM - Dec. 19th 12 AM uec. i tsm 8PM-10PM Roof r�. Margarita Rd ,� Item No. 12 ACTION MINUTES TEMECULA COMMUNITY SERVICES DISTRICT MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA OCTOBER 12, 2021 CALL TO ORDER at 8:23 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. 8. Approve Action Minutes of September 28, 2021 Recommendation: That the Board of Directors approve the action minutes of September 28, 2021. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 8:26 PM, the Community Services District meeting was formally adjourned to Tuesday, October 26, 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. 13 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Jennifer Hennessy, Director of Finance DATE: October 26, 2021 SUBJECT: Approve Financial Statements for the 4th Quarter Ended June 30, 2021 PREPARED BY: Jordan Snider, Accountant II RECOMMENDATION: That the Board of Directors: 1. Receive and file the Financial Statements for the 4th Quarter Ended June 30, 2021; and 2. Appropriate $2,300 to Service Level L Operating Budget in Fiscal Year 2020-21. BACKGROUND: The attached Financial Statements reflect the unaudited activity of the Temecula Community Services District for the 4th Quarter Ended June 30, 2021. Please see the attached Financial Statements for an analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: 1. Combining Balance Sheet as of June 30, 2021 2. Statement of Revenues, Expenditures and Changes in Fund Balance — Budget and Actual for the 4th Quarter Ended June 30, 2021 TEMECULA COMMUNITY SERVICES DISTRICT COMBINING BALANCE SHEET as of June 30, 2021 ASSETS: Cash and Investments Receivables TOTAL ASSETS LIABILITIES: Other Current Liabilities TOTAL LIABILITIES DEFERRED INFLOWS OF RESOURCES: Unavailable Revenues TOTAL DEFERRED INFLOWS OF RESOURCES FUND BALANCES: Restricted For: Community Services TOTAL FUND BALANCES TOTAL LIABILITIES, DEFERRED INFLOWS OF RESOURCES, and FUND BALANCES NOTE: Balances are unaudited Parks & Service Service Level Service Level Recreation Level B C Slope D Refuse Street Lights Maintenance Recycling $ 2,368,339 $ 776,744 $ 1,896,223 $ 89,009 141,964 8,082 343,670 102,113 $ 2,510,303 $ 784,826 $ 2,239,893 $ 191,122 $ 1,037,829 $ 23,188 $ 457,346 $ 4,220 1,037,829 23,188 457,346 4,220 233,529 233,529 1,238,945 761,638 1,782,547 186,902 1,238,945 761,638 1,782,547 186,902 $ 2,510,303 $ 784,826 $ 2,239,893 $ 191,122 TEMECULA COMMUNITY SERVICES DISTRICT COMBINING BALANCE SHEET as of June 30, 2021 Service Level R Service Level Street Road L Lake Park Library Public Art Total Maintenance Maintenance ASSETS: Cash and Investments $ 30,410 $ 460,143 $ 585,871 $ 91,007 $ 6,297,746 Receivables 2,628 4,284 4,052 92 606,885 TOTAL ASSETS $ 33,038 $ 464,427 $ 589,923 $ 91,099 $ 6,904,631 LIABILITIES: Other Current Liabilities $ - $ 54,466 $ 54,897 $ - $ 1,631,946 TOTAL LIABILITIES - 54,466 54,897 1,631,946 DEFERRED INFLOWS OF RESOURCES: Unavailable Revenues 2,350 - 3,045 238,924 TOTAL DEFERRED INFLOWS OF RESOURCES 2,350 - 3,045 238,924 FUND BALANCES: Restricted For: Community Services 30,688 409,961 531,981 91,099 5,033,761 TOTAL FUND BALANCES 30,688 409,961 531,981 91,099 5,033,761 TOTAL LIABILITIES, DEFERRED INFLOWS OF RESOURCES, and FUND BALANCES $ 33,038 $ 464,427 $ 589,923 $ 91,099 $ 6,904,631 NOTE: Balances are unaudited TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CITYWIDE OPERATIONS for the 4th Quarter Ended June 30, 2021 Annual Total % Amended YTD Activity Encumbrances Activity Budget Budget REVENUES: Special Tax (Measure C) $ 1,880,264 $ 1,892,962 $ - $ 1,892,962 101% Recreation Funding (Measure S) 7,897,243 7,897,243 - 7,897,243 100% Recreation Programs 907,385 743,023 - 743,023 82% Investment Interest 2,800 2,380 - 2,380 85% TOTAL REVENUES 10,687,692 10,535,608 - 10,535,608 99% EXPENDITURES: General Operations 3,259,382 3,124,674 3,124,674 96% Senior Center 608,661 367,539 - 367,539 60% Community Recreation Center (CRC) 964,396 841,756 - 841,756 87% Special Events 765,405 686,132 - 686,132 90% Temecula Community Center (TCC) 377,639 370,333 - 370,333 98% Museum 411,411 407,066 - 407,066 99% Aquatics 1,326,120 1,144,079 - 1,144,079 86% Sports 281,699 197,927 - 197,927 70% Children's Museum 82,535 53,555 - 53,555 65% Community Theater 1,134,938 1,007,658 - 1,007,658 89% Cultural Arts 168,011 174,911 - 174,911 104% Human Services 226,831 187,948 - 187,948 83% Margarita Recreation Center 240,108 142,539 - 142,539 59% Jefferson Recreation Center 55,220 38,364 - 38,364 69% Contract Classes 340,077 256,806 - 256,806 76% Park Rangers 430,574 516,689 - 516,689 120% Responsible Compassion 637,134 624,431 - 624,431 98% TOTAL EXPENDITURES 11,310,141 10,142,407 10,142,407 90% Transfers Out - Revenues Over/(Under) Expenditures and Transfers (622,449) 393,201 Beginning Fund Balance as of 7/01/2020 845,744 845,744 Ending Fund Balance as of 6/30/2021 $ 223,295 $ 1,238,945 NOTES: (1) These variances are due to the closures and cancellations due to COVID-19 pandemic. (2) This variance is due to the capital outlay purchase for the Senior Center being deferred to FY21-22. Additionally, staffing at the CRC, Aquatics, and Theater were impacted by program cancellations and reduced services due to the pandemic. IM (2) TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL B - RESIDENTIAL STREET LIGHTS for the 4th Quarter Ended June 30, 2021 REVENUES: Assessments Recreation Funding(Measure S) Investment Interest TOTAL REVENUES EXPENDITURES: Salaries and Wages Street Lighting Fees Property Tax Admin Fees TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01 /2020 Ending Fund Balance as of 6/30/2021 Annual Total YTD % of Amended Budget Activity Budget $ 640,767 $ 648,259 101 % 73,168 73,168 100% - 663 - 713,935 722,090 101 % 22,718 9,984 44% 540,000 198,892 37% 13,005 8,943 69% 575,723 217,819 38% 138,212 504,271 257,367 257,367 $ 395,579 $ 761,638 NOTES: (1) The variance is due to the change in the fair value on investments and fluctuating interest rates. (2) The cost of Street Lighting fees and Salaries has decreased due to the acquisition of the street lights from Southern CA Edison and the conversion to LED bulbs. 11 (2) (2) TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL C - PERIMETER LANDSCAPING AND SLOPE MAINTENANCE for the 4th Quarter Ended June 30, 2021 Annual Amended Total YTD Total % of Budget Activity Activity Budget REVENUES: Assessments $ 1,586,674 $ 1,613,379 $ 1,613,379 102% Investment Interest 8,995 4,386 4,386 49% TOTAL REVENUES 1,595,669 1,617,765 1,617,765 101% EXPENDITURES: Zone 1 Saddlewood 40,049 36,048 36,048 90% Zone 2 Winchester Creek 44,961 38,028 38,028 85% Zone 3 Rancho Highlands 48,865 42,755 42,755 87% Zone 4 The Vineyards 6,418 5,861 5,861 91% Zone 5 Signet Series 39,413 35,584 35,584 90% Zone 6 Woodcrest Country 29,437 29,566 29,566 100% Zone 7 Ridgeview 14,386 13,190 13,190 92% Zone 8 Village Grove 150,412 142,543 142,543 95% Zone 9 Rancho Solana 5,773 3,153 3,153 55% Zone 10 Martinique 9,497 8,284 8,284 87% Zone 11 Meadowview 2,376 1,972 1,972 83% Zone 12 Vintage Hills 108,658 99,931 99,931 92% Zone 13 Presley Development 35,532 32,351 32,351 91% Zone 14 Morrison Homes 14,833 13,197 13,197 89% Zone 15 Barclay Estates 8,975 8,186 8,186 91% Zone 16 Tradewinds 62,157 28,647 28,647 46% Zone 17 Monte Vista 2,104 1,716 1,716 82% Zone 18 Temeku Hills 114,355 92,283 92,283 81% Zone 19 Chantemar 67,382 63,538 63,538 94% Zone 20 Crowne Hill 228,560 180,343 180,343 79% Zone 21 Vail Ranch 302,372 268,944 268,944 89% Zone 22 Sutton Place 4,210 3,446 3,446 82% Zone 23 Pheasent Run 8,332 6,467 6,467 78% Zone 24 Harveston 181,464 174,459 174,459 96% Zone 25 Serena Hills 49,975 43,231 43,231 87% Zone 26 Gallery Tradition 2,240 1,795 1,795 80% Zone 27 Avondale 8,869 9,321 9,321 105% Zone 28 Wolf Creek 361,805 296,139 296,139 82% Zone 29 Gallery Portrait 3,005 2,117 2,117 70% TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01 /2020 Ending Fund Balance as of 6/30/2021 1,956,415 1,683,095 1,683,095 86% (360,746) 1,847,877 (65,330) 1,847,877 $ 1,487,131 $ 1,782,547 RE (2) (2) NOTES: (1) The variance is due to the change in the fair value on investments and fluctuating interest rates. (2) The variance in expenditures is due to landscape enchancements and efficiency upgrades that were deferred to FY21-22. TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL D - REFUSE COLLECTION, RECYCLING & STREET SWEEPING for the 4th Quarter Ended June 30, 2021 REVENUES: Assessments Recycling Program/Grant Investment Interest Miscellaneous TOTAL REVENUES EXPENDITURES: Salaries and Wages Department of Conservation Grant Refuse Hauling Operating Expenditures TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01 /2020 Ending Fund Balance as of 6/30/2021 Annual Amended Total YTD Total % of Budget Budget Activity Activity $ 8,634,245 $ 8,664,212 $ 8,664,212 100% 18,500 5,000 5,000 27% (1) 1,200 2,349 2,349 196% (2) 23,000 - 0% 8,676,945 8,671,561 8,671,561 100% 59,460 62,606 62,606 105% 23,000 - - 0% 8,543,282 8,539,383 8,539,383 100% 60,241 30,605 30,605 51 % 8,685,983 8,632,594 8,632,594 99% (9,038) 38,967 147,935 147,935 $ 138,897 $ 186,902 NOTES: (1) Recycling grant program revenues are expected to be received in FY21-22. (2) The variance is due to the change in the fair value on investments and fluctuating interest rates. TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL R - STREETS AND ROADS for the 4th Quarter Ended June 30, 2021 REVENUES: Assessments Investment Interest Reimbursement Charges TOTAL REVENUES EXPENDITURES: Emergency Street Maintenance Property Tax Admin Fees TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01 /2020 Ending Fund Balance as of 6/30/2021 Annual Total YTD % of Amended Activity Budget Budget $ 5,532 $ 5,878 106% 120 76 63% 7,050 7,050 100% 12,702 13,004 102% 15,000 2,984 20% 150 110 73% 15,150 3,094 20% (2,448) 9,910 $ 18,330 $ 30,688 NOTES: (1) The variance is due to fluctuations in the need for emergency street maintenance services. TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL L - LAKE PARK MAINTENANCE for the 4th Quarter Ended June 30, 2021 REVENUES: Assessments Harveston Lake Boat Fees Recover of Prior Year Expense Investment Interest TOTAL REVENUES EXPENDITURES: Salaries and Wages Operating Expenditures TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01 /2020 Ending Fund Balance as of 6/30/2021 Annual Amended Total YTD Total % of Budget Activity Activity Budget $ 246,732 $ 257,591 $ 257,591 104% 4,200 5,626 5,626 134% - 390 390 100% 2,300 1,273 1,273 55% (1) 253,232 264,880 264,880 105% 25,849 26,921 26,921 104% 245,824 246,987 246,987 100% 271,673 273,908 273,908 101% (18,441) (9,028) 418,989 418,989 $ 400,548 $ 409,961 NOTES: (1) The variance is due to the change in the fair value on investments and fluctuating interest rates. TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL TEMECULA LIBRARY for the 4th Quarter Ended June 30, 2021 REVENUES: Library Services Recreation Funding(Measure S) Investment Interest TOTAL REVENUES EXPENDITURES: Salaries and Wages Operating Expenditures TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01 /2020 Ending Fund Balance as of 6/30/2021 Annual Total YTD Total Amended % of Budget Budget Activity Activity $ 2,583 $ 6,134 $ 6,134 237% 847,181 847,181 847,181 100% 2,200 987 987 45% (1) 851,964 854,302 854,302 100% 113,419 129,026 129,026 114 % 891,133 575,947 575,947 65% (2) 1,004,552 704,973 704,973 70% (152,588) 149,329 382,652 382,652 $ 230,064 $ 531,981 NOTES: (1) The variance is due to the change in the fair value on investments and fluctuating interest rates. (2) The variance in expenditures is due to the Library being closed to the public through February 2021. TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL PUBLIC ART for the 4th Quarter Ended June 30, 2021 Annual Amended Total YTD % of Budget Activity Budget REVENUES: Public Art Revenues Investment Interest TOTAL REVENUES Other Financing Sources (Uses): Operating Expenditures TOTAL EXPENDITURES Revenues Over/(Under) Expenditures Other Financing Sources/(Uses) Transfers Out Beginning Fund Balance as of 7/01 /2020 Ending Fund Balance as of 6/30/2021 $ 14,578 $ 34,281 14,778 34,467 56,632 56,632 $ 71,410 $ 91,099 NOTES: (1) The variance is due to an increase in the issuance of housing building permits. 235% (1) 93% 233% Item No. 14 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Erica Russo, Interim Director of Community Services DATE: October 26, 2021 SUBJECT: Approve a First Amendment with TNT Entertainment Group, LLC, for Additional Entertainment and Technical Services PREPARED BY: Dawn Adamiak, Community Services Manager RECOMMENDATION: That the Board of Directors approve the First Amendment with TNT Entertainment Group, LLC for additional entertainment and technical services and increase payment in the amount of $60,000. BACKGROUND: On July 1, 2020, the Board of Directors approved a Non -Exclusive Entertainment Services Agreement with TNT Entertainment Group to provide entertainment and technical services through June 2022. As our traditional events are returning to normal and a few new events are in the planning stages we need to increase the contract amount for entertainment and technical services. Adequate funding has already been included in the current Annual Operating Budget. TNT Entertainment Group is a long-standing vendor and we look forward to continuing to work with them on upcoming events. FISCAL IMPACT: Adequate funds of $60,000 have been allocated in the Temecula Community Services District's Fiscal Year 2021-22 Annual Operating Budget. ATTACHMENTS: First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND TNT ENTERTAINMENT GROUP, LLC ENTERTAINMENT AND TECHNICAL SERVICES THIS FIRST AMENDMENT is made and entered into as of October 26, 2021 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and TNT Entertainment Group, LLC, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: A. On July 1, 2020, the City and Contractor entered into that certain Agreement entitled "Agreement for "Entertainment and Technical Services," in the amount of $60,000.00. b. The parties now desire to increase the payment in the amount of $60,000.00, and to amend the Agreement as set forth in this Amendment. 2. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Entertainer, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed Sixty Thousand Dollars and No Cents ($60,000.00), for additional Entertainment and Technical Services, for a total Agreement amount of One Hundred Twenty Thousand Dollars and No Cents ($120,000.00). 3. Exhibit B to the Agreement is hereby amended by adding thereto the items set forth on Exhibit "B" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 12/31/2020 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT By: Zak Schwank, TCSD President ATTEST: By: Randi Johl, Secretary APPROVED AS TO FORM: By: Peter M. Thorson, General Counsel TNT ENTERTAINMENT GROUP, LLC (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Tor! Danr , President CONTRACTOR TNT Entertainment Group, LLC _ Attn: Tori Daniels 40345 Calle Torcida Temecula, CA 92591 torimdaniels ahoo.com City Purchasing Mgr. Initials and h� Date: l� 2 12/31 /2020 EXHIBIT B Payment Rates and Schedule Quotes shall be provided as requested by City staff for each service requested. Cost of services shall be as quoted, but in no event shall the total Agreement amount exceed $120,000.00 as outlined in Section 5 of this Agreement. The not to exceed payment amount listed herein is an estimated expenditure and this Agreement does not guarantee Vendor this amount in purchase. 12/31 /2020 Item No. 15 THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Board of Directors FROM: Jennifer Hennessy, Director of Finance DATE: October 26, 2021 SUBJECT: Approve Financial Statements for the 4th Quarter Ended June 30, 2021 PREPARED BY: Rudy J. Graciano, Fiscal Services Manager Lauren Garcia, Accounting Assistant RECOMMENDATION: That the Board of Directors receive and file the Financial Statements for the 4th Quarter Ended June 30, 2021. BACKGROUND: The attached Financial Statements reflect the unaudited activity of the Successor Agency to the Temecula Redevelopment Agency for the 4th Quarter Ended June 30, 2021. Please see the attached Financial Statements for analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: 1. Statement of Fiduciary Net Position as of June 30, 2021 2. Statement of Changes in Fiduciary Net Position -for the 4th Quarter Ended June 30, 2021 SARDA STATEMENT OF FIDUCIARY NET POSITION As of June 30, 2021 Successor Agency to the Former RDA ASSETS: Cash, Restricted and Investments $ 15,872,920 Receivables 2,579 Prepaid Insurance 1,227,145 Land Held for Resale 98,484 Land 3,819,108 Property, Plant, and Equipment (net of accumulated depreciation) 23,301,446 TOTAL ASSETS $ 44,321,682 DEFERRED OUTFLOW OF RESOURCES: Deferred Amounts on Refundings $ 5,740,287 TOTAL DEFERRED OUTFLOWS 5,740,287 LIABILITIES: Accounts Payable $ 20,000 Advances from City-SERAF 5,250,954 Accrued Interest Payable 129,737 Net Bonds Payable 75,710,276 (1) TOTAL LIABILITIES 81,110,967 NET POSITION/(DEFICIT): TOTAL NET POSITION/(DEFICIT) $ (31,048,998) (2) NOTES: Note: Amounts are unaudited (1) Net Bonds Payable includes the TABs 2017 Refunding Bonds and related unamortized bond premiums/discounts. (2) The deficit balance is primarily attributed to SARDA long term debt, which will be reduced when future revenues are received and matched with their annual debt service payments. SARDA STATEMENT OF CHANGES IN FIDUCIARY NET POSITION For the 4th Quarter Ended June 30, 2021 Successor Agency to the Former RDA ADDITIONS: Investment Earnings $ 7,501 Property Tax Distribution 7,469,962 TOTAL ADDITIONS 7,477,463 DEDUCTIONS: Affordable Housing Obligations 295,000 Debt Service - Interest 3,152,481 Interest Expense 24,043 Depreciation 1,179,997 Operations 3,740 Bond Insurance Premium 68,764 Operating Transfers Out 250,000 TOTAL DEDUCTIONS 4,974,024 Change in Net Position 2,503,439 Net Position/(Deficit) as of July 1, 2020 (33,552,437) Net Position/(Deficit) as of June 30, 2021 $ (31,048,998) (1) Note: Amounts are unaudited (1) The deficit balance is primarily attributed to SARDA long term debt, which will be reduced when future revenues are received and matched with their annual debt service payments. Item No. 16 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Deputy City Manager DATE: October 26, 2021 SUBJECT: Receive and File Report on the Arrive at Rancho Highlands Project (Planning Application Number PA19-1448) PREPARED BY: Scott Cooper, Associate Planner RECOMMENDATION: That the City Council receive and file report on the Arrive at Rancho Highlands project. PROJECT: The Affordable Housing Overlay Zone (AHOZ) was adopted in 2018 as a part of the City's required 2013-2021 Housing Element. The state mandated Housing Element contains programs designed to expedite the production of market rate and affordable housing projects. The AHOZ is a compulsory program (Housing Program # 1) by the California Department of Housing and Community Development (HCD). Furthermore, the statutory Regional Housing Needs Allocation (RHNA) process determines the number affordable units that the City of Temecula must accommodate. On November 1, 2019, Red Tail Acquisitions, LLC filed a Development Plan application for a 270 unit multi -family community built on 12.32 acres that includes 55 affordable units. The project includes leasing offices, a clubhouse, fitness center, pool, spa, barbecue areas, tot lot, and a dog park. The project is located adjacent to the Temecula Duck Pond approximately 775 feet southeast of Rancho California Road on the north side of Ynez Road. On October 28, 2020, the City of Temecula Community Development Department approved the above referenced project. This project was approved ministerially in compliance with Temecula Municipal Code Section 17.21.030 which provides that projects that comply with the requirements set forth in Chapter 17.21 are permitted by right and that an approval shall be granted if the project application complies with all the requirements in the chapter. The conditions of approval were designed to implement the standards and requirements set forth in Chapter 17.21 of the Municipal Code, as well as other provisions of the Municipal Code and State law. The conditions of approval were designed to ensure the project complies with all applicable State and local requirements. Per Section 17.21.030 of the Temecula Municipal Code commencement of construction shall have occurred within three (3) years of the date of approval or the approval shall become null and void. Projects developed using Section 17.21.030 of the Temecula Municipal Code are not provided extensions. Furthermore, a modification made to the approved development plan does not affect the original approval date of the development plan. The project was presented to the City Council Ad Hoc Infill Land Use and Project Review Subcommittee on November 12, 2019, which at that time consisted of Council Members Matt Rahn and Mike Naggar. Following that meeting, the project was also presented to the Subcommittee on December 10, 2019, and September 21, 2020. ATTACHMENTS: 1. Aerial Map 2. Administrative Approval Letter & Conditions of Approval 3. Stamped Approved Plans 944-330-004/5/7 C I TY OF TEMECULA PA19-1448 1 inch = 200 feet 1:2,400 0 200 400 Feet (The Heart of Southern California Date Created: 1/8/2020 Wine Country The map PA19-1448.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 map. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gis City of Temecula Community Development 41000 Main Street • Temecula, CA 92590 Phone (951 ) 694-6400 • TemeculaCA.gov October 7, 2021 Mr. Tim Kihm TK Consulting, Inc. 2082 Michelson Drive, 41h Floor Irvine, CA 92612 Mr. Tung Tran Jamboree Housing 17701 Cowan Ave., Suite 200 Irvine, CA 92614 SUBJECT: Modification to Planning Application No. PA19-1448 to modify Condition of Approval No. 33 for a previously approved Development Plan for a 270-unit multi -family community built on 12.32 acres that includes 55 affordable units. The project includes leasing offices, a clubhouse, fitness center, pool, spa, barbecue areas, tot lot, and a dog park. The project is located adjacent to the Temecula Duck Pond approximately 775 feet southeast of Rancho California Road on the north side of Ynez Road. Dear Messrs. Kihm and Tran: On October 28, 2020, the City of Temecula Community Development Department approved the above referenced project subject to the enclosed Final Conditions of Approval. On October 7, 2021, the Community Development Department approved a revision to Condition of Approval #33. This project is being approved ministerially in compliance with Temecula Municipal Code Section 17.21.030 which provides that projects that comply with the requirements set forth in Chapter 17.21 are permitted by right and that an approval shall be granted if the project application complies with all the requirements in the chapter. The following conditions of approval are designed to implement the standards and requirements set forth in Chapter 17.21 of the Municipal Code, as well as other provisions of the Municipal Code and State law. These conditions of approval are designed to ensure the project complies with all applicable State and local requirements. The AHOZ was adopted in 2018 as a part of the City's required 2013-2021 Housing Element. The state mandated Housing Element contains programs designed to expedite the production of market rate and affordable housing projects. The AHOZ is a compulsory program (Housing Program #1) by the California Department of Housing and Community Development (HCD). Furthermore, the statutory Regional Housing Needs Allocation (RHNA) process determines the number affordable units that the City of Temecula must accommodate. Messrs. Kihm and Tran October 7, 2021 Page 2 The approval for the Development Plan. is effective until October 28, 2023. Per Section 17.21.030 of the Temecula Municipal Code commencement of construction shall have occurred within three (3) years of the date of approval or the approval shall become null and void. Projects developed using Section 17.21.030 of the Temecula Municipal Code are not provided extensions. Furthermore, a modification made to the approved development plan does not affect the original approval date of the development plan. It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact Scott Cooper at (951) 506-5137 or by email at scott.cooper@TemeculaCA.gov. Sincerely, k 40-- Luke Watson Deputy City Manager Enclosures: Final Conditions of Approval cc: Aaron Adams, City Manager Stuart Fisk, AICP, Planning Manager Peter Thorson, City Attorney Scott Cooper, Associate Planner \\Cityoftemecula\Departments\Community Development Docs\Planning\2019\PA19-1448 Arrive @ Rancho Highlands\Planning\Approval Documents\10-7-2021 COA Mod\10-7-21 COA Mod Admin Approvel Letter.doc EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA19-1448 Project Description: Arrive @ Rancho Highlands DP: A Development Plan for a 270 unit multi -family community built on 12.32 acres that includes 55 affordable units. The project includes leasing offices, clubhouse, fitness center, pool, spa, barbecue areas, tot lot, and dog park. The project is located adjacent to the Temecula Duck Pond approximately 775 feet southeast of Rancho California Road on the north side of Ynez Road Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: New Street In -lieu of Fee: Approval Date: Expiration Date: PLANNING DIVISION 944-330-004 944-330-005 944-330-007 Greater than 14.1 dwelling units Residential -Attached Residential -Multi -Family Residential -Multi -Family N/A (Project Not Located in Uptown Temecula Specific Plan area) October 28, 2020 (COA #33 revised 10-7-2021) October 28, 2023 Within 48 Hours of the Approval . This project is being approved ministerially in compliance with Temecula Municipal Code Section 17.21.030 which provides that projects that comply with the requirements set forth in Chapter 17.21 are permitted by right and that an approval shall be granted if the project application complies with all the requirements in the chapter. The following conditions of approval are designed to implement the standards and requirements set forth in Chapter 17.21 of the Municipal Code, as well as other provisions of the Municipal Code and State law. These conditions of approval are designed to ensure the project complies with all applicable State and local requirements. General Requirements 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. Expiration. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. A modification made to an approved development plan does not affect the original approval date of a development plan. 4. Time Extension. Per Section 17.21.030 of the Temecula Development Code commencement of construction shall have occurred within three (3) years of the date of approval or the approval shall become null and void. No extensions of time are offered for projects utilizing the Affordable Housing Overlay. A modification made to an approved development plan does not affect the original approval date of a development plan. 5. Block Wall Coating. All perimeter constructed block walls in the public view shall be finished with an anti -graffiti coating and shall provide documentation confirming the installation of the coating. 6. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 7. Signage Permits. A separate building permit shall be required for all signage. 8. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 9. Graffiti. All graffiti shall be removed within 24 hours on equipment, walls, or other structures. 10. Burrowing Owl Study Submittal. A Burrowing Owl Study shall be submitted prior to plan check approval for the grading permit. If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed. 11. Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 12. Materials and Colors. The Conditions of Approval specified here, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by City staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. Material Color Stucco Pure White (SW7005) Stucco Pediment (SW7634) Stucco Accessible Beige (SW7036) Stucco Tony Taupe (SW7038) Stucco Snowbound (SW7007) Roofing Capistrano Piedmont Blend (3636) Roofing Capistrano El Morado Blend (SHC 8709) Decorative Ceramic Tile Talavera Mexican Tile (10347-4) Vinyl Windows/Doors Montecito White on White Garage Doors Long Taupe Garage Doors Sandstone & Brown Balcony Details French Roast (SW6069) Shutters French Roast (SW6069) Window Trim Artichoke (SW6179) Railing Iron Ore (SW7069) 13. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 14. Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. 15. Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on the site plan. 16. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. 17. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. 18. Public Art Ordinance. The applicant shall comply with the requirements of the City's Public Art Ordinance as defined in Section 5.08 of the Temecula Municipal Code. 19. Property Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on -site lighting shall be maintained by the property owner or maintenance association. Prior to Issuance of Grading Permit 20. Placement of Transformer. Provide the Planning Division with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check valves prior to final agreement with the utility companies. 21. Placement of Double Detector Check Valves. Double detector check valves shall be installed at locations that minimize their visibility from the public right-of-way, subject to review and approval by the Director of Community Development. 22. Archaeological/Cultural Resources Gradinq Note. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Community Development at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Planning Director shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Planning Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Planning Director." 23. Cultural Resources Treatment Agreement. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. The agreement shall be in place prior to issuance of a grading permit. To accomplish this, the applicant should contact the Pechanga Tribe no less than 30 days and no more than 60 days prior to issuance of a grading permit. This Agreement will address the treatment and disposition of cultural resources, the designation, responsibilities, and participation of professional Pechanga Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered onsite. The Pechanga monitor's authority to stop and redirect grading will be exercised in consultation with the project archaeologist in order to evaluate the significance of any potential resources discovered on the property. Pechanga and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the limited authority to stop and redirect grading activities should an inadvertent cultural resource be identified. 24. Discovery of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and the qualified archaeologist and the Pechanga monitor shall investigate the find, and make recommendations as to treatment." 25. Archaeological Monitorinq Notes. The following shall be included in the Notes Section of the Grading Plan: "A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property." 26. Tribal Monitoring Notes. The following shall be included in the Notes Section of the Grading Plan: "A Pechanga Tribal monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the project archaeologist and their designated monitors, to evaluate the significance of any potential resources discovered on the property." 27. Relinquishment of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition." 28. Preservation of Sacred Sites. The following shall be included in the Notes Section of the Grading Plan: "All sacred sites are to be avoided and preserved." 29. Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). i. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find. ii. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. iii. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. Work shall be allowed to continue outside of the buffer area and will be monitored by additional Tribal monitors if needed. iv. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Management Plan and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in -place preservation of cultural resources located in native soils and/or re -burial on the Project property so they are not subject to further disturbance in perpetuity as identified in Non -Disclosure of Reburial Condition. v. If the find is determined to be significant and avoidance of the site has not been achieved, a Phase III data recovery plan shall be prepared by the project archeologist, in consultation with the Tribe, and shall be submitted to the City for their review and approval prior to implementation of the said plan. vi. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Community Development Director for decision. The City Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, recommendations of the project archeologist and shall take into account the cultural and religious principles and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the City Community Development Director shall be appealable to the City Planning Commission and/or City Council." 30. Burrowing Owl Grading Note. The following shall be included in the Notes Section of the Grading Plan: "No grubbing/clearing of the site shall occur prior to scheduling the pre -grading meeting with Public Works. All project sites containing suitable habitat for burrowing owls, whether owls were found or not, require a 30-day preconstruction survey that shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on -site, then the project may move forward with grading, upon Planning Division approval. If burrowing owls are found to be present or nesting on -site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist." If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed. 31. Cultural Resources Disposition. In the event that Native American cultural resources are discovered during the course of grading (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries: a) One or more of the following treatments, in order of preference, shall be employed with the tribes. Evidence of such shall be provided to the City of Temecula Community Development Department: i. Preservation -In -Place of the cultural resources, if feasible. Preservation in place means avoiding the resources, leaving them in the place where they were found with no development affecting the integrity of the resources. ii. Reburial of the resources on the Project property (as identified on Burial Area Exhibit). The measures for reburial shall include, at least, the following: Measures and provisions to protect the future reburial area from any future impacts in perpetuity. Reburial shall not occur until all legally required cataloging and basic recordation have been completed, with an exception that sacred items, burial goods and Native American human remains are excluded. Any reburial process shall be culturally appropriate. Listing of contents and location of the reburial shall be included in the confidential Phase IV report. The Phase IV Report shall be filed with the City under a confidential cover and not subject to Public Records Request. 32. Archeology Report - Phase III and IV. Prior to final inspection, the developer/permit holder shall prompt the Project Archeologist to submit two (2) copies of the Phase III Data Recovery report and the Phase IV Cultural Resources Monitoring Report that complies with the Community Development Department's requirements for such reports. The Phase IV report shall include evidence of the required cultural/historical sensitivity training for the construction staff held during the pre -grade meeting. The Community Development Department shall review the reports to determine adequate mitigation compliance. Provided the reports are adequate, the Community Development Department shall clear this condition. Once the report(s) are determined to be adequate, two (2) copies shall be submitted to the Eastern Information Center (EIC) at the University of California Riverside (UCR) and one (1) copy shall be submitted to the Consulting Tribe(s) Cultural Resources Department(s). 33. RegulatoryAgreement for Affordable Housing. Prior to issuance of the Grading Permit, the City and Applicant shall execute a Regulatory Agreement for Affordable Housing requiring Applicant to deliver a minimum of 20% of their units as deed restricted affordable units at 80% AMI or less, consistent with the AHOZ ordinance in place at the time the Project was deemed complete. The regulatory agreement shall be recorded against both the Market Rate parcel and Affordable Unit parcel and shall be in senior position to all deeds of trusts and other liens. The 20% affordable units shall be in place prior to or concurrent with the delivery of the market rate units, such that for every 4 units receiving Certificate of Occupancy on the Market Rate parcel, there is at least 1 affordable unit that has received Certificate of Occupancy. The City shall execute an agreement to terminate the Regulatory Agreement as to the Market Rate parcel once all of the Affordable Units receive Certificate of Occupancy on the Affordable Parcel, commensurate with the above referenced affordable percentages. 34. Archaeologist Retained. Prior to beginning project construction, the Project Applicant shall retain a Riverside County qualified/City of Temecula approved archaeological monitor to monitor all ground -disturbing activities in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation. The archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the Pechanga Tribe in order to evaluate the significance of any potential resources discovered on the property. Pechanga and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the limited authority to stop and redirect grading activities should an inadvertent cultural resource be identified. The archaeologist shall provide a final monitoring report at the end of all earthmoving activities to the City of Temecula, the Pechanga Tribe and the Eastern Information Center at UC, Riverside. 35. Human Remains. If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission must be contacted within 24 hours. The Native American Heritage Commission must then immediately identify the "most likely descendant(s)" of receiving notification of the discovery. The most likely descendant(s) shall then make recommendations within 48 hours, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98 and the Treatment Agreement described in these conditions. Prior to Issuance of Building Permit 36. Transportation Uniform Mitigation Fee (TUMF). The Western Riverside County of Governments administers and collects the Transportation Uniform Mitigation Fee (TUMF). The City of Temecula adopted an ordinance on March 31, 2003 for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance (paid to WRCOG). The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. Additional information on payment, fees, and points of contact can be found at http://www.wrcog.cog.ca.us/1 74/TUM F 37. Development Impact Fee (DIF). The developer shall comply with the provisions of Title 15, Chapter 15.06 of the Temecula Municipal Code and all its resolutions by paying the appropriate City fee. 38. Quimby Requirements. The developer shall satisfy the City's parkland dedication (Quimby) requirement through the payment of in lieu fees based upon the City's then current land evaluation. Said requirement includes a credit for private recreational opportunities provided. 39. Construction Landscaping and Irrigation Plans. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. These plans shall be submitted as a separate submittal, not as part of the building plans or other plan set. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. 40. Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note stating, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 41. Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the plans stating, "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." 42. Water Usage Calculations. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. 43. Landscape Maintenance Program. A landscape maintenance program shall be submitted to the Planning Division for approval. The landscape maintenance program shall detail the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. 44. Specifications of Landscape Maintenance Program. Specifications of the landscape maintenance program shall indicate, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 45. Irrigation. The landscaping plans shall include automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas. 46. Hardscaping. The landscape plans shall include all hardscaping for equestrian trails and pedestrian trails within private common areas. 47. Wall and Fence Plans. Wall and fence plans shall be consistent with the Conceptual Landscape Plans showing the height, location and materials for all walls, fences, and gates. 48. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. 49. Building Construction Plans for Outdoor Areas. Building Construction Plans shall include detailed outdoor areas including but not limited to trellises, decorative furniture, fountains, hardscape, etc. to match the style of the building subject to the approval of the Director of Community Development. 50. Landscaping Requirement for Phased Development. If any phase or area of the project site is not scheduled for development within six months of the completion of grading, the landscaping plans shall indicate it will be temporarily landscaped and irrigated for dust and soil erosion control. 51. WQMP Landscape Compliance. The construction landscape plans shall be consistent with Appendix A, Table 31 of the Low Impact Development (LID) Manual for Southern California for plant materials and treatment facilities, and shall reference the approved precise grading plan for WQMP features. 52. Utility Screening. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after -thought. Plan planting beds and design around utilities. Locate all light poles on plans and ensure that there are no conflicts with trees. 53. Smoking in Residential Units. Per Municipal Code Chapter 17.30, "Smoking in Multi -Unit Residences," the developer shall submit a site plan to the City for review and approval, designating a minimum of 25 percent of the units within the project as non-smoking units. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 54. Screening of Loading Areas. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the all residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Director of Community Development. 55. Landscape Installation Consistent with Construction Plans. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 56. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant. 57. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 58. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Outside Agencies 59. Flood Protection. Flood protection shall be provided in accordance with the Riverside County Flood Control Districts transmittal dated May 30, 2018, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 60. Compliance with EMWD. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District's transmittal dated May 15, 2018, a copy of which is attached. 61. Compliance with Geotechnical. The applicant shall comply with the recommendations set forth in the Leighton Consulting, Inc. transmittal dated December 12, 2018, a copy of which is attached. PUBLIC WORKS DEPARTMENT General Requirements 62. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 63. Entitlement Approval. The developer shall comply with the approved site plan, the conceptual Water Quality Management Plan (WQMP) and other relevant documents approved during entitlement. Any significant omission to the representation of site conditions may require the plans to be resubmitted for further review and revision. 64, Precise Grading Permit. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. 65. Haul Route Permit. A haul route permit may be required when soils are moved on public roadways to or from a grading site. The developer/contractor is to verify if the permit is required. If so, he shall comply with all conditions and requirements per the City's Engineering and Construction Manual and as directed by Public Works. 66. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required and shall be obtained from Public Works for public offsite improvements. 67. Street Improvement Plans. The developer shall submit public/private street improvement plans for review and approval by Public Works. The plans shall be in compliance with Caltrans and City codes/standards; and shall include, but not limited to, plans and profiles showing existing topography, existing/proposed utilities, proposed centerline, top of curb and flowline grades. 68. Right -of -Way Dedications. All easements and/or right-of-way dedications shall be offered to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by Public Works. 69. Signing & Striping Plan. A signing & striping plan, designed by a registered civil engineer per the latest edition of Caltrans MUTCD standards, shall be included with the street improvement plans for approval. 70. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. Prior to Issuance of a Grading Permit 71. Environmental Constraint Sheet (ECS). The developer shall comply with all constraints per the recorded ECS with any underlying maps related to the subject property. 72. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearances/permits from applicable agencies such as the San Diego Regional Water Quality Board (401 certification), Army Corps of Engineers (404 certification), California Department of Fish and Wildlife (Section 1603 Streambed Alteration Agreement), RCFC&WCD and other affected agencies. 73. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all construction -phase pollution -prevention controls to adequately address non -permitted runoff. Refer to the City's Engineering & Construction Manual at: www.TemeculaCA.gov/ECM 74. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 75. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD) Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http://www.waterboards.ca.gov/water issues/programs/stormwater/construction.shtml 76. Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project -specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link: www.TemeculaCA.gov/WQMP. As part of the WQMP approval, the Engineer of Record shall report and certify BMP construction per City of Temecula NPDES requirements. Should the project require Alternative Compliance, the developer is responsible for execution of an approved Alternative Compliance Agreement. 77. Area Drainage Plan (ADP) Fee to RCFC&WCD. The developer shall demonstrate to the City that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD. If the full ADP fee has already been credited to this property, no new charge will be required. 78. Drainage. All applicable drainage shall be depicted on the grading plan and properly accommodated with onsite drainage improvements and water quality facilities, which shall be privately maintained. Alterations to existing drainage patterns or concentration and/or diverting flows is not allowed unless the developer constructs adequate drainage improvements and obtains the necessary permissions from the downstream property owners. All drainage leaving the site shall be conveyed into a public storm drain system, if possible. The creation of new cross lot drainage is not permitted. 79. Drainage Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to mitigate the 10 and 100-year storm event for 24 hour storm duration peak flow) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. 80. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. 81. Geological Report. The developer shall complete any outstanding County geologist's requirements, recommendations and/or proposed Conditions of Approval as identified during entitlement. 82. Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. 83. Ingress/Egress Easement. The developer shall submit an Emergency Vehicle Access (EVA) easement from the project site to Rancho California Road for review and approval. The easement information shall be noted on the approved grading plan. 84. Sight Distance. The developer shall limit landscaping in the corner cut-off area of all street intersections and adjacent to driveways to provide for minimum sight distance and visibility. 85. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. 86. American Disability Act. The developer shall ensure that all frontage areas to the proposed development within the public right of way are ADA compliant. Any sidewalk within the public right of way found to be non -compliant shall be the responsibility of the property owner to be removed and replaced with ADA compliant sidewalk per the Streets and Highway Code Section 5610. Prior to Issuance of Encroachment Permit(s) 87. Public Utility Agency Work. The developer shall submit all relevant documentation due to encroaching within City right-of-way; and is responsible for any associated costs and for making arrangements with each applicable public utility agency. 88. Traffic Control Plans. A construction area traffic control plan (TCP) will be required for lane closures and detours or other disruptions to traffic circulation; and shall be reviewed and approved by Public Works. The TCP shall be designed by a registered civil or traffic engineer in conformance with the latest edition of the Caltrans Manual on Uniform Traffic Control Devices (MUTCD) and City standards. 89. Improvement Plans. All improvement plans (including but not limited to street, storm drain, traffic) shall be reviewed and approved by Public Works. 90. Street Trenching. All street trenches shall conform to City Standard No. 407; refer to the City's Paving Notes. Prior to Issuance of Building Permit(s) 91. Approval of Street Improvements. All street improvement plans shall be approved by Public Works. The developer shall start construction of all public street improvements, as outlined below, in accordance to the City's General Plan/Circulation Element and corresponding City standards. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards to join existing street improvements. a. Ynez Road from Tierra Vista Road to the easterly property boundary (Principal Arterial (6 lanes divided) Standard No. 100 — 110' R/W) to include installation of half -width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) and raised landscaped median. 92. Street Lights. a. Street Light Plan — Street lighting shall be designed in accordance with the latest City Standards and Specifications for LS-3 street light rates, and as determined by the City Engineer. b. Onsite and Offsite Street Lights Ownership and Maintenance — All proposed public and private street lights shall be designed in accordance with City approved standards and specifications, or as determined and approved by the City Engineer. The City shall have ownership and maintenance of all proposed public street lights and associated appurtenances, and shall be provided with adequate service points for power. The design shall be incorporated in the project's street improvement plans or in a separate street light plan as determined and approved by the City Engineer. c. Streetlight Design as LS-3 Rate Lights — All new streetlights, other than traffic signal safety lights, shall be designed as LS-3 rate lights in accordance with approved City standards and specifications, and as determined by the City Engineer. d. Street Light Service Point Addressing — The developer shall coordinate with the PW Department and with Southern California Edison the assignment of addresses to required street light service points. Service points serving public streetlights shall be owned by the City and shall be located within public's right of way or within duly dedicated public easements. 93. Certifications. Certifications are required from the registered civil engineer -of -record certifying the building pad elevation(s) per the approved plans and from the soil's engineer -of -record certifying compaction of the building pad(s). Prior to Issuance of a Certificate of Occupancy 94. Emergency Vehicle Access easement. Prior to the first Certificate of Occupancy, the developer shall provide a copy of the recorded Emergency Vehicle Access (EVA) easement from the project site to Rancho California Road. 95. Ynez Road improvements. Prior to the first Certificate of Occupancy, the Developer shall start the improvements on Ynez Road from Tierra Vista Road to the easterly property boundary. 96. Memorandum of Understanding. The Developer shall enter into a Memorandum of Understanding (MOU) with the City of Temecula to determine the feasibility of improving east side of Ynez Road from Tierra Vista Road to Rancho Vista Road. The MOU shall include contribution of fair share costs limited to the Developer's project frontage. Fair share costs for this purpose shall be quantified in the MOU based upon the final approved engineers cost estimate If the improvements are deemed not feasible as one construction project, Conditions of Approval No. 95 & 97 shall apply. It is understood that environmental regulatory studies and permits may be split in to 2 projects, yet with the intent to construct both road segments simultaneously if needed. Developer and City shall determine feasibility within 90 days. 97. Final Ynez Road improvements. Prior to the last Certificate of Occupancy, the Developer shall complete the improvements on Ynez Road from Tierra Vista Road to the easterly property boundary. 98. Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. 99. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. 100. Utility Agency Clearances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. 101. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771. BUILDING AND SAFETY DIVISION General Requirements 102. Final Buildinq and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 103. Compliance with Code. All design components shall comply with applicable provisions of the most current edition for the buildings containing the affordable units and the 2016 for the buildings containing the market rate units of the California Building, Plumbing and Mechanical Codes; California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and Temecula Municipal Code as identified in Title 15 of the Temecula Municipal Code. 104. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. Disabled access from the public way to the main entrance of the building. b. Van accessible parking located as close as possible to the main entrance of the building. c. Accessible path of travel from parking to the furthest point of improvement. d. Path of accessibility from parking to furthest point of improvement. e. Accessible path of travel from public right-of-way to all public areas on site, such as trash enclosures, clubhouses, and picnic areas. 105. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights -of -way. All exterior LED light fixtures shall be 3,000 kelvin or below. 106. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi -family residential projects or a recorded final map for single-family residential projects. 107. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley Unified School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 108. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 109. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Solid covers are required over new and existing trash enclosures. 110. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one -quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 111. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. 112. Protection of drains and penetration. Protection of joints and penetrations in fire resistance -rated assemblies shall not be concealed from view until inspected for all designed fire protection. Required fire seals/fire barriers in fire assemblies at fire resistant penetrations shall be installed by individuals with classification or certification covering the installation of these systems. Provide certification for the installation of each area and certification of compliance for Building Official's approval. 113. Garage Dimensions. Parking spaces within enclosed garages shall have an interior dimension of at least ten feet wide and twenty feet long. All measurements shall be made from the interior walls and any obstructions (including stem walls) shall not satisfy this requirement. The interior wall dimensions shall be on the plans for each garage. The following notes are required on the plans: -Two car garages shall note, "20' x 20' clear with no obstructions (including stem walls)" -Single car garages shall note, "10' x 20' clear with no obstructions (including stem walls)" At Plan Review Submittal 114. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A Sound Transmission Control Study in accordance with the provisions of Section 1207 (or any replacement provision), of the most current California Building Code as identified in Title 15 of the Temecula Municipal Code. c. A precise grading plan to verify accessibility for persons with disabilities. d. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 115. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. Prior to Issuance of Building Permit(s) 116. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 117. Pre -Construction Meeting. A pre -construction meeting is required with the building inspector prior to the start of the building construction, FIRE PREVENTION General Requirements 118. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" x (2) 2'/2" outlets) shall be located on fire access roads and adjacent public streets. For all multi -family projects hydrants shall be spaced at 350 feet apart, and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The fire line may be required to be a looped system. The upgrade of existing fire hydrants may be required (CFC Appendix C and Temecula City Ordinance 15.16.020). 119. Fire Dept. Plan Review. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 120. Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the construction of all new project buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 2,500 GPM at 20-PSI residual operating pressure for a 2-hour duration for this multi -family projects. The fire flow as given above has taken into account all information as provided. (CFC Appendix B and Temecula City Ordinance 15.16.020). Prior to Issuance of Grading Permit(s) 121. Access Road Widths. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and City Ordinance 15.16.020). 122. Two Point Access. This development shall maintain two points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau (CFC Chapter 5). 123. All Weather Access Roads. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 65,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and City Ordinance 15.16.020). 124. Gradient of Access Roads. The gradient for fire apparatus access roads shall not exceed 15 percent (CFC Chapter 5 and City Ordinance 15.16.020). 125. Turning Radius. Dead end roadways and streets in excess of 150 feet which have not been completed shall have a turnaround capable of accommodating fire apparatus (CFC Chapter 5 and City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) 126. Required Submittals (Fire Underground Water). The developer shall furnish three copies of the water system plans and hydraulic calculations to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on -site hydrants. The plans must be submitted and approved prior to building permits being issued. (CFC Chapter 33 and Chapter 5). 127. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. Each building will be required to have its own fire sprinkler permit. A set of sprinkler plans and calculations will be required for each building. These plans must be submitted prior to the issuance of building permit. 128. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. Each building will be its own individual system. Each building will be required to have its own fire alarm system and permit. A set of alarm plans and calculations will be required for each building. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy 129. Address Directory (Multi -Family). A directory display monument sign shall be required for apartment, condominium, townhouse or mobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location of the sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. 130. Gates and Access. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel (CFC Chapter 5). 131. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020). 132. Knox Box. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). 133. Addressing. New buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Multi -family residential buildings shall have a minimum of 12-inch numbers with each residential units shall have 4-inch letters and/or numbers, as approved by the Fire Prevention Bureau (CFC Chapter 5 and City Ordinance 15.16.020). 134. Site Plan. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5). POLICE DEPARTMENT General Requirements 135. Landscape Height. The applicant shall ensure all landscaping surrounding all buildings are kept at a height of no more than three feet or below the ground floor window sills. Plants, hedges and shrubbery shall be defensible plants to deter would-be intruders from breaking into the buildings utilizing lower -level windows. 136. Tree Pruning. The applicant shall ensure all trees surrounding all building rooftops be kept at a distance to deter roof accessibility by "would-be burglars." Since trees also act as a natural ladder, the branches must be pruned to have a six-foot clearance from the buildings. 137. Berm Height. Berms shall not exceed three feet in height. 138. Knox Box. Knox boxes with Police access are required at each gate leading into the property. Where access to or within a structure or an area is restricted because of secured opening or where immediate access is necessary for life-saving purposes, the Temecula Police Department is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access. 139. Parking Lot Lighting. All parking lot lighting shall be energy saving and minimized after hours of darkness and in compliance with Title 24, Part 6, of the California Code of Regulations. 140. Exterior Door Lighting. All exterior doors shall have a vandal resistant light fixture installed above the door. The doors shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. 141. Exterior Building Lighting. All lighting affixed to the exterior of buildings shall be wall mounted light fixtures to provide sufficient lighting during hours of darkness. 142. Commercial or Institutional Grade Hardware. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 143. Graffiti Removal. Any graffiti painted or marked upon the buildings must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24-hour dispatch Center at (951) 696-HELP. 144. Crime Prevention Through Environmental Design. Crime prevention through environmental design as developed by the National Crime Prevention Institute (NCPI) supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included as conditions below: a. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. c. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. d. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. f. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. g. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. h. Redesign space to increase the perception of natural surveillance. Abnormal users need to be award of the risk of detection and possible intervention. Windows and clear lines -of -sight serve to provide such a perception of surveillance. i. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two-way radios, for example) and design efficiencies, such as the location of restrooms in a public building. 145. Business Security Survey. Businesses desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department at (951) 695-2773. Item No. 17 CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Aaron Adams, City Manager DATE: October 26, 2021 SUBJECT: Approve American Rescue Plan Act of 2021 (ARPA) Spending Plan (At the Request of Mayor Edwards and Mayor Pro Tern Rahn) PREPARED BY: Jennifer Hennessy, Director of Finance RECOMMENDATION: That the City Council: 1. Establish Fund 108 — American Rescue Plan Act of 2021 (ARPA); and 2. Appropriate $14,079,507 in ARPA revenue and a corresponding transfer to the General Fund to provide funding for public safety services ($7,039,753.50 in Fiscal Year 2021-22 and $7,039,753.50 in Fiscal Year 2022-23); and 3. Establish the COVID-19 Pandemic Community Reinvestment Program and agree upon the funding categories noted below. Appropriate $7,040,000 in Fiscal Year 2021-22 and recommend $7,040,000 be programmed for Fiscal Year 2022-23 using available General Fund Balance for various community support grants, in accordance with the attached Exhibit A — COVID-19 Pandemic Community Reinvestment Program; and 4. Authorize the Strategic Fiscal Planning Ad Hoc Subcommittee to work with staff to develop the program criteria, administration and details for each category of funding. BACKGROUND: On March 22, 2021, the American Rescue Plan Act of 2021 (ARPA) was signed into law. This $1.9 trillion relief bill included $350 billion dedicated to state, local, territorial and tribal governments. Temecula's allocation of ARPA funds total $14,079,507, half of which has been received in Fiscal Year 2021-22 and the second half will be received in Fiscal Year 2022-23. The funds are designed to cover expenses occurring between March 3, 2021 and December 31, 2026, with all funds fully obligated by December 31, 2024. In May 2021, the U.S. Treasury Department published the "Interim Final Rule," providing the eligibility criteria for spending the ARPA funds. The Interim Final Rule is anticipated to be modified later this year, however the U.S. Treasury has advised recipients to utilize the current guidance until the new guidance is published. The Interim Final Rule included four spending categories, noted below: I. Public Health Emergency Response II. Premium Pay for Eligible Workers III. Government Services (to the extent of lost revenue) IV. Investments in Infrastructure (Water, Sewer & Broadband) Staff presented a list of potential projects/programs to the Strategic Fiscal Planning Ad Hoc Council Subcommittee on July 20, 2021 and September, 28, 2021. At the September 28th meeting, Staff provided the calculated revenue loss, using the guidance in the Interim Final Rule, which totaled $36.3 million for the City of Temecula. Because the amount of lost revenue exceeds the City's ARPA allocation, the entire allocation of $14,079,507 may be used in the Government Services category mentioned above. This category is the least restrictive of the four categories. For maximum flexibility, staff recommends utilizing the full allocation to fund public safety services, thereby making a like amount of General Fund dollars available to reinvest in the community and assist in mitigating the negative economic impacts of the global pandemic. This strategy has been discussed with the City's auditors, who have indicated this is an allowable option in appropriating the ARPA funds. The Council Subcommittee is recommending the following appropriations over the next two fiscal years from the City's General Fund: 1) Business Support $3,580,000 - Outdoor dining in Old Town ($2,000,000) Funds designed to assist restaurants within Old Town to develop dining parklets that meet the City's aesthetic criteria, as well as ADA standards and pedestrian safety. - Marketing campaign to increase local economy ($500,000) Funds to develop marketing campaign designed to attract visitors, consumers and employees to Temecula to mitigate impacts of the global pandemic. General Business Grants ($1,000,000) Grants to support local businesses in their recovery from the global pandemic. Rent waiver for businesses at the Temecula Valley Entrepreneur's Exchange ($80,000) 2) Non -Profit Support $2,000,000 - Support to local non -profits in their recovery from the global pandemic. 3) Homeless Services $1,000,000 - Additional funding to combat homelessness, encampment activity, outreach services and provide ongoing support to the Responsible Compassion partners. 4) Housing Assistance $5,500,000 - Vine Creek Affordable Housing Project ($4,000,000) Funding to assist project in becoming competitive for tax -credit financing. This project would provide for 60-units of affordable housing. - Uptown Temecula Future Affordable Housing Project ($1,000,000) Funding designed to attract future affordable housing project in Uptown Temecula. - Residential Rehabilitation Grant Program ($500,000) Funding to be provided through Habitat for Humanity to low/moderate-income households to ensure homes meet health and safety standards 5) Behavioral Health Services Support $1,000,000 - Funding to support Veterans, First Responders and other at -risk individuals needing behavioral health services. 6) Higher Education/Workforce Development $1,000,000 - Funding to partner with MSJC and Cal State San Marcos to further local workforce development business and certificatation program efforts to strengthen the local workforce and Temecula economy. Attached, as Exhibit A — COVID-19 Pandemic Community Reinvestment Program, is a more detailed breakdown of the recommended programs within each funding category. FISCAL IMPACT: The City has been allocated $14,079,507 in ARPA funds, and has received $7,039,753.50 in Fiscal Year 2021-22, and will receive the remaining $7,039,753.50 in Fiscal Year 2022-23. These funds will be transferred to the General Fund to partially fund the costs of Police and Fire services. A total of $14,080,000 in community support grants will be appropriated from the City's General Fund over the next two fiscal years, to assist in mitigating the economic impacts of the global pandemic. ATTACHMENTS: COVID-19 Pandemic Community Reinvestment Program EXHIBIT A City of Temecula COVID-19 Pandemic Community Support Program Total Appropriation Recommendation: 14,080,000 Appropriation Categories 1 Business Support 3,580,000 4 Housing Assistance 5,500,000 - Outdoor dining in Old Town 2,000,000 - Affordable Housing (Vine Creek Project) 4,000,000 - Marketing Campaign to boost local - Affordable Housing Project (Uptown economy 500,000 Temecula) 1,000,000 - General Business Grants 1,000,000 - Residential Rehabilitation Grants 500,000 - Waive Incubator Businesses' Rent 80,000 > through Habitat for Humanity 2 Non -Profit Support 2,000,000 5 Behavioral Health Services Support 1,000,000 - Families/Youth - Veterans - Veterans - First Responders 1,000,000 - Special needs - At -Risk Individuals/families 2,000,000 - Minorities - Social Service providers - Seniors 3 Homeless Services 1,000,000 6 Higher Education/Workforce Development 1,000,000 - Homeless Prevention Services 1,000,000 - CSUSM/MSJC community & business 1,000,000 certificate programs Item No. 18 WCITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Director of Community Development DATE: October 26, 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 September 2021. CURRENT PLANNING ACTIVITIES Planning processed 32 new applications (not including Home Occupations) and conducted eight (8) Public Hearings in September 2021. A detailed account of planning activities is attached to this report. Plan Type September2421 Development Plan 1 Home occupations Massage 2 Minor Exception Modifications 8 Pre -Application Sign Program 2 Temporary Use Permit Vendor 1 Wireless Antenna Zoning Letter 6 Tota I 64 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) 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 Avenue. (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) Remington Industrial Building (PA21-0384): The City is processing a Development Plan to construct an approximately 33,927 square foot industrial building located at on the southwest corner of Winchester Road and Remington Avenue. The project is scheduled for Planning Commission on October 20, 2021. (COOPER) Ralph's Fueling Center (PA21-0449): The City is processing a Development Plan for a fuel station consisting of 18 fueling pumps that includes a 174 square foot kiosk located on the southwest corner of Wolf Store Road and Butterfield Stage Road. (COOPER) MS Mtn View Buildings 5, 6,10, & 11(PAs 21-0743, 21-0744, 21-0745, 21-0746): The City is processing Development Plans for four (4) industrial buildings as part of the MS Mtn View Industrial Park. The square footage of the buildings are 17, 503 sf, 19,366 sf, 19,769 sf, and 23,788 sf. And are located along Avenida Alvarado. The projects are scheduled for Planning Commission hearing on October 6, 2021. (COOPER) LongHorn Steakhouse (PAs 21-0793, 21-0823): The City is processing a Development Plan and Conditional Use Permit for an approximately 5,710 square foot restaurant with an outdoor patio and a Type 47 (On -Sale General) ABC License located on the former Marie Calendar's site at 29363 Rancho California Road. (COOPER) Firenze (PA21-1023): The City is processing a Development Plan application for an approximately 498,557 square foot hotel and apartment project. The approximately 148,545 square foot, five story, 224 room hotel includes a conference center, restaurant, wine market multi -tenant space, and outdoor courtyard dining space. The approximately 350,012 square foot, seven story, 121 unit apartment building include a roof top area that contains a pool/spa, cabanas, fire pit, media wall, kitchen, fitness area, and lawn/game area. The parking for the project is located on the interior of the apartment building that is wrapped with the residential units. The project is located approximately 665 feet north of Rancho California Road on the east side of Jefferson Avenue. (COOPER) Prado (PAs 21-0838, 21-0839): The City is processing Development Plan and Tentative Tract Map applications for a 237 unit single family residential community built on 27.5 acres consisting of detached rental condominiums. The project includes a clubhouse, pool bocce ball court, cornhole court, tot lot walking paths, and fitness center. The project is located at the terminus of Equity Drive on the west side of Ynez Road. (COOPER) LONG RANGE PLANNING Expanded Outdoor Dining and Retail in Old Town: Staff brought this item before City Council on June 8, 2021 for further discussion. The City Council directed staff to extend the temporary program for one year and develop a permanent outdoor dining program. (TOMA, 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 is working through staff s comments from the "Final Draft" review. We anticipate one final review by staff and one review by City Attorney prior to taking the item to the Planning Commission and City Council meetings. (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. On March 18, 2021, staff kicked off the project with the Consultant and staff from Planning, Building, Public Works, and Fire. This will be a joined effort between the internal departments and the consultant. Staff is working with the consultant on the first task (Phase 1: Schematic Design), staff has provided feedback of the Schematic Design taking into consideration the School District and Development Impact Fee (DIF) fees, and appropriate unit type and size. (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 July 19, 2021, Staff has a scheduled internal meeting with Fehr & Peers, they present to staff the Data Collection Status. (PETERS, 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. Staff is working on developing the framework. (COLLINS) 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. An amendment to the Loan Agreement was approved at the April 27, 2021 City Council meeting. A tax allocation application was forwarded to the state in March, 2021. The applicant has submitted Building Permits and Grading Permits. CHW was awarded tax credits in June, 2021. The project is nearing completion of plan review as of October 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. A tax allocation application was forwarded to the state in March, 2021. (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 Turley-Trejo, 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. A Housing Workshop was held on August 17, 2021, with approximately 12 attendees. The item was recommended for adoption by the Planning Commission at the September 15, 2021, Planning Commission meeting. The Riverside County Airport Land Use Commission (ALUC) and California Board of Forestry and Fire Protection have signed -off on the Housing Element. The item was scheduled for the City Council on October 12, 2021. (RABIDOU, TOMA, PETERS) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Mortgage and Rental Assistance Program (MRAP): Pre -applications are open for the City of Temecula Mortgage and Rental Assistance Program (MRAP). This program will provide rental and mortgage assistance to those eligible recipients who were negatively impacted by COVID-19. Checks are being issued for eligible recipients. (RABIDOU, WATSON) Five Year Consolidated Plan: The City is kicking -off an update to the CDBG Consolidated Plan. Workshops are planned for October 27, 2021. Additional information will be available at TemeculaCA.gov/CDBG. (RABIDOU, WATSON) BUILDING & SAFETY Building and Safety statistics for September 2021 are highlighted in the following table. Building& Safety Statistics September 2021 Permits 396 New Single Family Units 27 New Commercial Building U Photovoltaic 122 Tenant Improvements 12 Non Construction C of D IL AS Number of Active Plan Checks 1046 Number of New Plan Checks 359 Number of Finaled Permits 273 Inspections 775 Inspections Per Day 132.1 Inspections Per Person Per Day Stops Per Month 932.0 V i sitars to Counter New Construction Projects Currently in Plan Check • Truax Hotel (161,586 SF) • Milgard Windows (30,960 SF canopy) • Kahoots Pet Feed (9,482 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) • Hotel (38,202 SF) on Jefferson and Winchester • Temecula Hyundai Service Building (5,753 SF) • Trinity Lutheran Church Preschool (9,530 SF) • Mountain View — 42589 Avenida Alvarado (14,530 SF) • Mountain View — 42601 Avenida Alvarado (15,895 SF) • Mountain View — 42433 Avenida Alvarado (15,629 SF) • Mountain View Bldg. 9, 42624 Avenida Alvarado (19,919 SF) • Mountain View Bldg. 4, 42613 Avenida Alvarado (33,654 SF) • Mountain View Bldg. 8, 42612 Avenida Alvarado (17,329 SF) Non -Construction Certificate of Occupancy • Adelaide Restaurant, 28693 Old Town Front Street (2,682 SF) • Fenix Home Health LLC, 41715 Enterprise Circle North (2,320 SF) Tenant Improvement • Dick's Sporting Goods, 40710 Winchester Road (54,374 SF) • RAW Fitness, 40470 Winchester Road (3,785 SF) • Wingstop, 41115 Winchester Road, Suite IOTA (1,768 SF) CODE ENFORCEMENT During the month of September, Code Enforcement responded to 132 web inquiries. In addition, the division opened 166 code cases, conducted 231 inspections, and forwarded 42 referrals. Type of Code Case 5eptem ber 2421 Abandoned or Inoperable Vehicle 2 Vacant Home / Prop. Maintenance /Infestation/ Mold 31 Business or Home Occupation w/o license/CUP 4 Trash and Debris/Dumping Overgrown Vegetatian / Weeds Fire Hazard 11 Green Pool / Vector Control /Stagnant Water 3 Graffiti 23 Noise/Nuisance/Animal Control 9 Trailer/ RV Stored/Boat/Parking 22 Construction w/o Permit/Building Code 18 Encroach Public ROW /Trash Cans S zaning/Signs 15 Public Safety & Health 2 Total Number of Cases ifiG Foreclosure Tracking: Code Enforcement works with the local real estate community to monitor foreclosures, defaults and real estate owned properties. Foreclosure Tracking I September 2021 Residential - default 13 Residential - Foreclosure 27 Residential - REO 17 Total - Residential Commercial - Default Commercial - Foreclosure 4 Commercial - REO I"= Total - Commercial 4 ATTACHMENT: Current Planning Activity Report PLANNING ACTIVITY REPORT Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant PA21-1023 28210 Jefferson Ave 921-060-058 Scott Cooper 09/02/2021 Anthony Yang Temecula, CA 92590 Case Title / Description: Firenze DP: A Development Plan application for an approximately 498,557 square foot hotel and apartment project. The approximately 148,545 square foot, five story, 224 room hotel includes a conference center, restaurant, wine market multi tenant space, and outdoor courtyard dining space. The approximately 350,012 square foot, seven story, 121 unit apartment building include a roof top area that contains a pool/spa, cabanas, fire pit, media wall, kitchen, fitness area, and lawn/game area. The parking for the project is located on the interior of the apartment building that is wrapped with the residential units. The project is located approximately 665 feet north of Rancho California Road on the east side of Jefferson Avenue. Company Owner Plan Type Status Tony Lee PL Development Out Plan PA21-1163 32105 Hyacinth Way 964-640-009 Scott Cooper 09/01/2021 09/09/2021 Melissa Vallone Taylor Morrison PL Minor Approved Temecula, CA 92591 of CA LLC Exception Case Title / Description: Sommers Bend PA22 Minor Exception: A Minor Exception for a reduction of the front yard setback for Lot 5 from 10'-0" to 8'-5" to accommodate a rear yard retaining wall. PA21-1167 29879 Santiago Rd 922-130-014 Jaime Cardenas 09/02/2021 Cody Carter JOHN PL Zoning or Plan Review Temecula, CA 92592 MCCUSKER Planning Letter Case Title / Description: 29879 Santiago Road ZL: a zoning verification letter for the property located at 29879 Santiago Road (APN 922-130-014) PA21-1168 29851 Santiago Rd 922-130-015 Jaime Cardenas 09/02/2021 09/13/2021 Cody Carter JOHN PL Zoning or Completed Temecula, CA 92592 MCCUSKER Planning Letter Case Title / Description: 29851 Santiago Road ZL: a zoning verification letter for the property located at 29851 Santiago Road (APN 922-130-015). PA21-1169 31117 Temecula Pky 961-410-030 Jaime Cardenas 09/02/2021 09/13/2021 Nicole Williams Meenakshi Kovil PL Zoning or Completed Temecula, CA 92592 Inc Planning Letter Case Title / Description: Temecula Creek Plaza ZL: a zoning verification letter for the property located with associated parcel numbers 961-410-028, 961-410-029, 961-410-030, 961-410-046, 961-410-047, 961-410-048,961-410-049. PA21-1170 44501 Rainbow Canyon Rd 922-220-003 Jaime Cardenas 09/02/2021 Darrell Daugherty PECHANGA PL Wireless Plan Review Temecula, CA 92592 RESORTS INC Antenna Facility Case Title / Description: T-Mobile 44501 Rainbow Canyon WTF: a Wireless Telecommunication Facility application to add 6 antennas, 2 radio equipment cabinets, and miscellaneous equipment to the existing wireless facility located at 44501 Rainbow Canyon Road. Page 1 of 5 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA21-1171 31850 Calle Saragoza 957-170-020 Jaime Cardenas 09/02/2021 Paul Del Bene MATTHEW PL Wireless Plan Review Temecula, CA 92591 CROWTHER Antenna Facility Case Title / Description: T- Mobile Saragoza Water Tower WTF: a modification to an existing faux water tower to install MIMO antennas, radio antennas, a new battery cabinet, new conduit and other miscellaneous equipment for the wireless antenna facility located at 31850 Calle Saragoza. PA21-1193 41690 Enterprise Cir North 909-282-008 Jaime Cardenas 09/08/2021 09/10/2021 Moses Andaro WestMar PL Zoning or Approved Temecula, CA 92590 Property Planning Letter Management Case Title / Description: 41690 Enterprise Circle North ZL: a zoning letter request for the property located at 41690 Enterprise Circle North. PA21-1195 964-630-005 Scott Cooper 09/09/2021 Dena Upp escrow acct WOODSIDE 05S PL Temporary Plan Review CA 5074 authorized Use Permit user Case Title / Description: Sommers Bend PAs 16A & 17A Construction Trailer TUP: A Temporary Use Permit to allow for a second temporary construction trailer on site throughout the construction of Sommers Bend PAs 16A & 17A. Previous TUP is PA21-0321 PA21-1196 41754 Margarita Rd 921-810-010 Jaime Cardenas 09/09/2021 Evelyn Davis FAIRFIELD PL Zoning or Plan Review Temecula, CA 92591 SOLANA RIDGE Planning Letter Case Title / Description: 41754 Margarita Road ZL: a zoning verification letter for the property located at 41754 Margarita Road. PA21-1202 28822 Old Town Front St 922-093-003 Jaime Cardenas 09/10/2021 Sam Visnic James Demarco PL Massage Plan Review Temecula, CA 92590 Permits Case Title / Description: Release Muscle Therapy MEP: A TMC 5.22.050 exempt Massage Establishment Permit for Release Muscle Therapy located at 28822 Old Town Front Street, Suite 306. PA21-1208 42081 Dlr Dr 921-730-064 Scott Cooper 09/13/2021 09/22/2021 Aaron Truong Whitfield Diego Dev PL Modifications Approved Temecula, CA 92591 Associates Case Title / Description: Lexus Storage Building MOD: A Modification (Planning Review Only) to a previously approved Development Plan 9PA19-1164) for the addition of an approximately 219 square foot storage building and removal of four (4) parking spaces located at 42081 DLR Drive. PA21-1213 41906 Remington Ave 909-370-014 Jaime Cardenas 09/13/2021 Antonia Cobbs DIAZ STORAGE PL Zoning or Plan Review Temecula, CA 92590 Planning Letter Case Title / Description: 41906 Remington Avenue ZL: a zoning letter verification for the property located at 41906 Remington Avenue (APN 909-370-014). Page 2 of 5 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA21-1215 29851 Santiago Rd 922-130-015 Eric Jones 09/13/2021 10/11/2021 JOHN JOHN PL Modifications Approved Temecula, CA 92592 MCCUSKER MCCUSKER Case Title / Description: Van Avery Prep Minor Modification: A Modification to an existing Conditional Use Permit (PA96-0035) that will increase the maximum enrollment from 350 students to 660 students. The project is located at 29851 Santiago Road. PA21-1218 39761 Oak Cliff Dr 920-036-012 Jaime Cardenas 09/14/2021 Peter Sutton CLEOTILDE PL Modifications Plan Review Temecula, CA 92591 MARTIN Case Title / Description: Re -Roof Minor Modification (Planning Review Only Application): A Minor Modification (Planning Review Only) to allow the re -roofing of an existing single-family residential structure. The project is located at 39761 Oak Cliff Drive. PA21-1222 27901 Jefferson Ave 921-050-003 Jaime Cardenas 09/15/2021 10/11/2021 Louie De LaTorre Dan Henderson PL Temporary Approved Temecula, CA 92590 Use Permit Case Title / Description: Hendo's Fight Night: a Temporary Use Permit to allow an annual fight night sporting event at Hendo's Gym on October 9, 2021 located at 27901 Jefferson Avenue. PA21-1233 27711 Diaz Rd 921-030-002 Eric Jones 09/16/2021 Niraj Patel RBI TEMECULA PL Modifications Plan Review Temecula, CA 92590 PROP Case Title / Description: Diaz Road Rooftop Screening Minor Modification (Planning Review Only): A Minor Modification (Planning Review Only) to allow for mechanical rooftop screening on an existing industrial building located at 27711 Diaz Road. PA21-1247 29363 Rancho California Rd 944-330-011 Scott Cooper 09/20/2021 Shawn Smith Site Costa Mesa PL Sign Program Out Temecula, CA 92592 Enhancement Grocery Inv Services Case Title / Description: LongHorn Steakhouse Sign Program: A comprehensive Sign Program (#146) for LongHorn Steakhouse located at 29363 Rancho California Road. PA21-1251 32909 Temecula Pky 960-030-042 Scott Cooper 09/21/2021 09/21/2021 Macgyver Patterson Signs Jerry Swanger PL Sign Program Approved Temecula, CA 92592 Patterson Case Title / Description: Butterfield Station Sign Program Amendment: A Sign Program Amendment application to amend the existing Butterfield Station Sign Program (#2) to allow for an increase in signage size for Inline Shop Tenant, Suite A. PA21-1263 CA 961-451-093 Jaime Cardenas 09/23/2021 Case Title / Description: Temecula Creek Village Fence MOD: a modification application to remove and replace the existing approximately 1000 linear feet of split -rail fence with 6-foot tall wrought iron along the southern property line of the Temecula Creek Village apartments located at 44690 Kevin Place. Calvin Westra Temecula Creek PL Modifications Plan Review Village Condo Owners Assn Page 3 of 5 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA21-1293 43123 Corte Fresca 944-341-036 Jaime Cardenas 09/28/2021 Raz Grinbaum Shell Robertson PL Modifications Plan Review Temecula, CA 92592 Case Title / Description: Corte Fresca MOD: a modification application for a 436 square foot addition and a 128 square foot patio at the rear of the existing single family home located at 43123 Corte Fresca. PA21-1297 42211 Stonewood Rd 921-300-012 Jaime Cardenas 09/29/2021 Asghar Benjamin SOMERSET LP PL Modifications Plan Review Temecula, CA 92591 Case Title / Description: Stonewood Apartments Gym MOD: a modification application to retrofit windows and renovate the existing community gym of Stonewood Apartments located at 42211 Stonewood Road. PA21-1303 29005 Lake House Rd 916-560-014 Eric Jones 09/30/2021 10/11/2021 Alberto The Fun Bike PL Vendor Approved Temecula, CA 92591 Rodriguez LLC License Case Title / Description: The Fun Bike, LLC Outdoor Vendor Permit: An outdoor vendor permit to allow a pedal cart to sell snacks throughout authorized areas of the City. PA21-1304 40789 Carmelita Cir 919-061-002 Jaime Cardenas 09/30/2021 Brett Camack MARK PL Minor Plan Review Temecula, CA 92591 BLACKBURN Exception Case Title / Description: Rozenko Residence Minor Exception: a minor Exception application to allow for a 15% setback and lot coverage requirement reduction for a future RV garage on the property located at 40789 Carmelita Circle. PA21-1306 27489 Ynez Rd 921-260-025 09/30/2021 09/30/2021 Judy Yam Bank of America PI -Modifications Approved Temecula, CA 92591 Case Title / Description: Bank Of America Minor Modification (Planning Review Only): A Minor Modification (Planning Review Only), to allow for a material and tower revisions to an existing commercial structure. The project is located at 27489 Ynez Road. PA21-1309 26490 Ynez Rd 921-810-030 Jaime Cardenas 09/30/2021 Yahong Fan OVERLAND PL Massage Plan Review Temecula, CA 92591 LAND & CATTLE Permits CO Case Title / Description: Massage Angel Spa MEP: a massage establishment permit to allow for a change of ownership and renewal for Massage Angel Spa located at 26490 Ynez Road, Suite J PREAPP21-1 43136 Rancho Way 921-040-021 Jaime Cardenas 09/16/2021 10/07/2021 Seth Weinrich RICHARD PL Completed 238 Temecula, CA 92590 ALVAREZ Pre -Application Case Title / Description: Rancho Towing and Storage Pre -Application: A pre -application for towing and storage yard located 43136 Rancho Way Page 4 of 5 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PREAPP21-1 31700 Temecula Pky 959-080-026 Scott Cooper 09/16/2021 Michael Fontana TEMECULA PL Out 239 Temecula, CA 92592 VALLEY Pre -Application HOSPITAL INC Case Title / Description: Temecula Valley Hospital Pre-App: A Pre -Application to update and revise the hospital master plan to add one additional bed tower, expand the emergency department, add behavioral health, central plant, relocate the helipad and parking structure facility. PREAPP21-1 921-020-067 Scott Cooper 09/16/2021 Humberto KAShores PL Out 242 CA Arechiga Group Pre -Application Case Title / Description: Temecula Self Storage Pre-App: A Pre -Application for an approximately 86,800 square foot self -storage facility located on Business Park Drive at the terminus of Rancho Way. (formerly known as Precision Storage PA16-0385). PREAPP21-1 32225 Temecula Pky 960-010-047 Jaime Cardenas 09/23/2021 10/07/2021 TJ Suwanswetr REDHAWK PL Completed 266 Temecula, CA 92592 TOWNE Pre -Application CENTERII Case Title / Description: Walmart Addition Preapplication: a proposed modification to add a walk-in online order item pick up addition to the eastern fagade of the Walmart located at 32225 Temecula Parkway. PREAPP21-1 957-080-014 Scott Cooper 09/27/2021 Rick Schroeder California West PL Plan Review 288 CA Communities Pre -Application Case Title / Description: Seraphina Pre-App: A Pre -Application for a Tentative Tract Map for 39 residential lots and 3 open space lots on 17.57 acres located on the northeast corner of Nicolas Rd. and Joseph Road. Previous Planning Application (PA17-0147) PREAPP21-1 41915 4Th St 922-033-017 Eric Jones 09/30/2021 Jessica Steiner Old Town Capital PL Plan Review 307 Temecula, CA 92590 Resources Pre -Application Case Title / Description: Mercedes Street Hotel Pre -Application: A Pre -Application to review a proposed four story hotel. The project is generally located on the northwest corner of Mercedes Street and Fourth Street. Page 5 of 5 Item No. 19 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: John Crater, Division Chief DATE: October 26, 2021 SUBJECT: Fire Department Monthly Report PREPARED BY: RECOMMENDATION: Report. Wendy Miller, Management Analyst That the City Council receive and file the Fire Department Monthly City of Temecula Fire Department Temecula Fire Department Service Calls September 2021 x Incident Type Commercial Fire 2 False Alarms 82 Haz Mat 3 � i Medical 632 � 1989 Multi -Faro 0 o� 0 NY ov) Other Fire 0 Other Misc 11 it Public Assist 37 Residential Fire 2 Rescue 2 Ringing Alarm 8 Standby 12 Traffic Collision 73 Wildland/Vehicle Fire 8 Total 871 • •+ • + + bh4' - ion• • L �, +r • • S$ tee• =i♦ • • • • • + • % �••N'•••• •0 , +•�.• e �r - •��• +. • + ••1 PA USA VALLEY I �° • idp4°dam • • •f : • + •i Pen �wL, • y �``" r "t t,� �y w a. - � • l0• EfHAncncnsindAXDRV City of Temecula Fire Department Temecula Fire Department Plan Review and Inspections September 2021 Plan Review and Inspections September Year to Date Plan Review 432 3656 1959 Construction Inspections 439 3280 Annual Inspections 505 5299 Counter/Public Inquiries 21 90 Item No. 20 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Zachary Hall, Chief of Police DATE: October 26, 2021 SUBJECT: Temecula Sheriff's Monthly Report (September 2021) PREPARED BY: Joseph Greco, Sergeant RECOMMENDATION: Receive and file. The following report reflects the activity of the Temecula Sheriff's Department for the month of September 2021. PATROL SERVICES Overall calls for police service 6,716 "Priority One" calls for service 60 Average response time for "Priority One" calls 7.00 VOLUNTEERS Chaplain 34 Community Action Patrol (CAP) hours 600 Reserve officer hours (patrol) 29 Explorer 52 Station/Administration 21 Total Volunteer hours 736 OLD TOWN STOREFRONT Total customers served 185 Fingerprints/Live Scans 60 Police reports filed 6 Citations signed off 15 Total receipts $3,317 CRIME PREVENTION Crime prevention/Neighborhood watch meetings 2 Safety presentations/Training 0 Special events 2 Residential/Business security surveys conducted 1 Residences/Businesses visited for past crime follow-up 0 Station Tours 0 Planning Review Projects 10 Temp Outdoor Use Permits 4 SPECIAL TEAMS (HOMELESS OUTREACH TEAM) On sight felony arrests 5 On sight misdemeanor arrests 19 Felony arrest warrants served 10 Misdemeanor arrest warrants served 145 Area Checks 95 Camp Checks 80 Pedestrian Checks 60 Traffic StopsNehicle Checks 18 Outreach attempts / Success 14 /2 SPECIAL TEAMS (Special Enforcement Team) On sight felony arrests 20 On sight misdemeanor arrests 29 Felony arrest warrants served 12 Misdemeanor arrest warrants served 26 Follow-up investigations / search warrants 4 Parole/Probation Searches 15 Pedestrian Checks 30 Traffic StopsNehicle Checks 78 Marijuana Dispensary Checks 0 SPECIAL TEAMS (Metro District Team) On sight felony arrests 2 On sight misdemeanor arrests 13 Felony arrest warrants served 0 Misdemeanor arrest warrants served 6 Bar checks 96 Business checks 31 D.U.I. Arrests... 5 Traffic/Parking citations... 123 TRAFFIC Citations issued for hazardous violations 635 Non -hazardous citations 109 Parking citations 190 Stop Light Abuse/Intersection Program (S.L.A.P.) citations 37 Seatbelts 2 Cell Phone Cites 95 Injury collisions 32 D.U.I. Arrests 24 Grant funded D.U.I. Traffic safety checkpoints / saturation enforcement 0 Grant funded traffic click it or ticket / traffic enforcement 2 INVESTIGATIONS Beginning Caseload 123 Total Cases Assigned 29 Total Cases Closed 25 Search Warrants prepared/served 34 Arrests 9 Out of Custody Filings 5 1' ; i7ulil12I:�7ilu/:vilil m.30-1 Calls for service 205 Felony arrest/filings 0 Misdemeanor arrest/filings 11 Traffic Citations 38 Total customers served 699 Fingerprints/Live Scans 215 Total receipts $6,367 SCHOOL RESOURCE OFFICERS Felony arrests 1 Misdemeanor arrests 4 Reports 12 Citations 33 Meetings/Presentations 321 Incident summaries: Calls for Service: Officers responded to 6,716 calls for service in September 2021. Below is a snapshot of those calls. This is not a comprehensive list. Please be mindful these calls can range from several minutes to several hours, to investigate at the patrol level. Many of these investigations are forwarded to the Detective Bureau for even further investigation and follow-up. Call Type Number of Calls Call Type Number of Calls Arson 1 Hazard 6 Assault with a Deadly Weapon 2 Homeless Outreach 12 Battery (Fights) 68 Illegal Dumping 0 Burglary -Commercial 16 Indecent Exposure 1 Burglary -Residential 18 Juvenile -incorrigible 17 Burglary -Vehicle 53 Juvenile -Run Away 7 Child Abuse 7 Juvenile -Located 2 Domestic Violence Abuse 23 Juvenile -Medical Aid 9 Fraud 43 K9 Uses 54 Homicide 0 Keep the Peace 24 Rape 1 Mail Theft 10 Robbery 6 Marijuana Cultivation 0 Theft- PettyUnder $950 86 Mentally Disturbed Person (5150) 62 Theft -Grand (over $950) 29 Missing Adult or Child 12 Narcotics Violations 77 Person Down 26 Alarm -Audible 399 Prowler 1 Alarm -Robbery 11 Receiving Stolen Property 0 Alarm -Silent 9 Restraining Order Violation 19 Animal Cruelty 11 Sex Offender Registrants 0 Annoying Phone Calls 23 Sexual Battery 3 Area Checks 745 Shooting at a Dwelling 11 Assist Other Department 156 Stolen Vehicle 46 Brandishing a Firearm 5 Stolen Vehicle Recovery 6 Check the Welfare 98 Suicide threat 2 Child Stealing 21 Suspicious Person 164 Criminal Threats 2 Suspicious Vehicle 72 Disoriented Subject 8 Trespassing 110 Disturbing the Peace 333 Unattended Death 8 Drunk in Public 54 Vandalism 47 Extra Patrol Requests 16 Vehicle Embezzlement 4 Fireworks 2 Vicious Dog 1 Follow -Up Investigations/Patrol 275 Warrant Service 218 911 Calls 723 Item No. 21 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: October 26, 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: hlt2://temeculaca.gov/270/Cqpital-improvement-Projects-CIP City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT October 26, 2021 CAPITAL IMPROVEMENT PROJECTS CIRCULATION PROJECTS Cherry Street Extension & Murrieta Creek Low -Flow Crossing, PW19-15 Description: Preliminary design 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: $11,457,436 Status: Phase 1 design and Phase 1 & 2 environmental studies November 2019 — October 2022. Current activities include City review of 60% PS&E and consultant preparation of several engineering and environmental studies. French Valley ParkwaylInterstate 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. Environmental revalidation is complete. Right of way acquisition process started. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT October 26, 2021 CIRCULATION PROJECTS (Continued) 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: $8,382,225 Status: Design and environmental studies November 2019 — September 2022. Current activities include City revision of 95% Roadway and Structures PSE, Storm Water Data Report, Drainage Report, and preparation of the Permit Engineering Evaluation Report and draft environmental document. The Design Standard Decision Document is under Caltrans review. 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: Per a 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. NEPA approval is anticipated in January of 2022, Caltrans review time has been longer than anticipated. Biological monitoring in Temecula Creek for potential mitigation site is complete as of July 2021. CEQA is pending results of Temecula Creek monitoring and review by RCA. Staff continues to work with Caltrans to advance HBP Grant Funds to earlier fiscal years. Caltrans HBP Program management has proposed reducing the curb to curb width of the bridge that is considered "participating" for grant funding purposes. Staff will address this with Caltrans HBP Program as the bridge width is the same as original approved grant application. 2 City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT October 26, 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 60%. 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: $1,500,000 Status: Construction is Complete. Preparing Project Closeout Documentation. 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: $3,280,524 Status: Construction is Complete. Preparing Project Closeout Documentation. 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. 3 City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT October 26, 2021 CIRCULATION PROJECTS (Continued) 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 to the Park and Ride facility on Temecula Parkway at La Paz Road from Vallejo Avenue to Wabash Lane. Cost: $1,347,674 Status: City Council awarded the construction contract at the meeting on May 25, 2021. Construction started June 21, 2021. Construction duration is six months. id City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT October 26, 2021 INFRASTRUCTURE PROJECTS 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. Reviewed 90% plans. 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: $3,533,483 Status: Design and environmental studies August 2019 — March 2022. Environmental revalidation completed October 2020. Current activities include 90% design plans, design of new power and irrigation water service, and Design Engineering Evaluation Report. 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. Design phase is underway. The first design development submittal has been reviewed. The demolition of the existing building is scheduled to start in March 2022. It is anticipated building construction will be complete in January 2023 with a grand opening in March 2023. 5 City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT October 26, 2021 INFRASTRUCTURE PROJECTS (Continued) Mary Phillips Senior Center Enhancement and Renovation, PW20-13 Description: The project includes the enhancement and renovation of the Mary Phillips Senior Center. Work includes new exterior siding, painting, replacement of perimeter soffits, fascia boards, eaves, and select doors & windows. Cost: $1,000,000 Status: In design. Reviewed 60% plans. 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 S131 Alternative Transportation Program (ATP) Augmentation funds for this project. The Notice to Proceed for construction was issued to the contractor with a work start date of April 19, 2021. Groundbreaking event occurred on May 4, 2021. Completion is scheduled for December 2021. 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% Plans, Specifications, and Estimate (PSE) expected in December 2021. 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. 11 City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT October 26, 2021 INFRASTRUCTURE PROJECTS (Continued) 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. Sidewalks — Old Town Improvements (Fifth Street from Front Street to Murrieta Creek), PW20-02 Description: Curb and sidewalk improvements on the north side Fifth Street, between Front Street and Murrieta Creek. Improvements include grind/overlay of entire street, tree grates, bollards, street lights. Cost: $159,267.30 Status: Bids opened on August 3, 2021. Contract was awarded at the 9/14/2021 City Council meeting. Construction is to start in November 2021. Citywide —Slurry Seal, PW21-01 Description: Construction involves roadway preparation by removal of existing striping and pavement markings, cleaning the roadway surface and sealing cracks. This is followed by application of slurry seal and subsequent restoration of striping and pavement markings. The project consists of slurry sealing over 7 million square feet of residential roadway throughout Temecula Cost: $1,546,980.04 Status: Contract was awarded at the July 27, 2021 City Council meeting, Project is under construction. It should be complete by the end of November. 7 City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT October 26, 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: The environmental document, CEQA IS/MND, was approved at the July 27, 2021 Council Meeting. Project was advertised for bids between September 9 2021 and October 7, 2021. Bids were opened on 10/07/2021. Award of contract is scheduled for the 10/26/2021 City Council meeting. 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: An RFP is being prepared for the design, purchase & installation for three playground project sites — Redhawk Community Park, Long Canyon Creek Park & Temecula Creek Park. Ronald Reagan Sports Park Restroom Expansion and Renovation, PW18-03 Description: Design and construction of a new restroom building, including additional stalls and urinals, a large snack bar and a dedicated storage case. Cost: $1,120,000 Status: Project is currently in design. Construction is anticipated in Winter 2021/22. H City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT October 26, 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. 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. pi City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT October 26, 2021 LAND DEVELOPMENT OVERSIGHT PROJECTS (Continued) 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. 10 REQUEST TO SPEAK FORMS, ELECTRONIC COMMENTS AND DOCUMENTS SUBMITTED FOR THE RECORD REQUEST TO SPEAK CITY OF TEMECULA 4 D1989 Public Comment: Non-Agendized Item& Agendized Item: Agenda Item No. For El Against Date: / V —?'�' ( _ / Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the � record. (/,� Name: ) S I [ ►`� e`-'4)4- ) e Address: ` Phone Number If you are representing an organization or group, please give they name: , f ► (� ��-�I ('? � Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. V/ Public Comment Agenda Item No. Non-Agendized Item: For El REQUEST TO SPEAK CITY OF TEMECULA Agendized Item: El Against Date: / Z � 1 / Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the spea is called to speak, please come forward to the podium and state your name for the record / % / Name: 1/—") �% ) 6 c,-"5 6(/7 // Phone Number: Address: Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Public Comment: Agenda Item No. Non-Agendized Item: REQUEST TO SPEAK CITY OF TEMECULA Agendized Item: ❑ For Against ❑ Date: l /off I /02 o ,�- l Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. /� A'-dTnI t.l✓aft�� Address: 0`� If you are representing an organization or /group, please give the name: /VC)/1/ — ✓0 , Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. 1989 Public Comment Agenda Item No. Non-Agendized Item: For El REQUEST TO SPEAK CITY OF TEMECULA Agendized Item: ❑ Against ❑ Date: jo Z 2 Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the r cord. Name: RPh o Number: Address: �� a" (T' (-:�E — Email address: If you are resenting an ki Vt -C, FT i- S'�; r group, pl give the name: 1 Please note that all information presented at a City Council meeting becomes All information provided is optional. Public Comment: Agenda Item No. Non-Agendized ItemA For REQUEST TO SPEAK CITY OF TEMECULA Agendized Item: El Against ❑ Date: />/ Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the records .� Name: Address: _ Email address: If you are represen n organization or group, please give the name: Phone Number: { Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. 1989 Public Comment: Non-Agendized Item: REQUEST TO SPEAK CITY OF TEMECULA Agendized Item: 1-1 Agenda Item No. -Z For ❑ Against X Date: '/pZ2- "4 Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. lam, ' / Name: ) 6 r✓ ��(// Phone Number: Address: Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Subject: FW: ITEM 18 PUBLIC COMMENT CITY COUNCIL MEETING OCTOBER 26 2021 From: Randi Johl Sent: Tuesday, October 26, 2021 10:42 AM To: Latina Association < Subject: RE: ITEM 18 PUBLIC COMMENT CITY COUNCIL MEETING OCTOBER 26 2021 Thank you for your email. It was received and will be read into the record at the next meeting in a manner that is consistent with the public comments notification on the agenda. If you do not wish for your email to be read into the record, please advise. Randi Johl, JD, MMC Legislative Director / City Clerk randi.iohl(a)-temeculaca.gov 41000 Main St, Temecula, CA 92590 Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Latina Association < Sent: Tuesday, October 26, 2021 10:23 AM To: Randi Johl <randi.iohl@temeculaca.gov> Subject: ITEM 18 PUBLIC COMMENT CITY COUNCIL MEETING OCTOBER 26 2021 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Respected members of the council, Exbiti A Item 18 on the agenda lists allocation of surplus funds from the American Rescue Plan Act 2021 (ARPA). There are two points I want to make: first, the funds should be redistributed taking in consideration Temecula's Special Needs Population. The Children, youth, and young adults do not have essential programs in which they can further and enhance their social and learning skills. Second, my request is not unfounded, because the city should and must access funds from Measure S which continue to be a steady source of income. The measure was passed under the assurance it would be used for SAFETY; therefore, a portion from the American Rescue Plan Act should be used for special needs programs instead of competing with the non-profit distribution. Furthermore, your proposal to allocate five hundred thousand dollars for marketing purposes should come from the general fund, and surplus from measure S rather than from the American Rescue Plan Act Funds. Exhibit A shows under NON -Profits a two million distribution between 6 categories thus overlapping an efficient allocation for special needs. I urged you to make a redistribution of funds keeping in mind the importance of providing community support to the families who have special needs members. I propose to allocate exclusively one million and the five hundred thousand dollars from marketing to create and subsidized special needs programs at school and in our community. Respectfully, Martha Howard Martha Angelica Howard Latina Association of Riverside County, President LULAC Council 3190 Member Former Temecula City Council District 5 Candidate 2018 Temecula Woman of the Year NAACP-W.I.N. 2018 Latina Association Riverside County "To make a difference through engaging in public policy, education, and culture affirmation. htt s: www.facebook.com/pages/Latina-Association-of-Riverside-CountV/209501775871863 1ST ANNUAL CYCLE OF H,04 RIDES SUNDAY, NOV 21, 2021 VOW....� I RIDE TO HELP THE HOMELESS AND SINGLE MOTHERS ��O _318 - MILE - MILE PRO RIDE INTERMEDIATE RIDE Through Wine Country Start time.8:30am Start time: 8:OOatn cost: $85 Cost: $125 V T-shirt ✓ T-shirt ✓ Timed Event ✓ Timed Even ✓ Post ride Carb Dinner =MUNITV • MISSION 1 OF HOPE r K.)NCHO D.4MACITAS 70 . rr 1 r A -MILE 1 VT CASUAL FAMILY BIDET L '*' Irr o Start time.12:00pm Cost: $39/PERSON $99/FAMILY(3ormore) scTNBUY TICKKEE TS ✓ T-shirt All Proceeds Co To: Sponsored by. ® C.11M ITV MISSION JC. \�.11,Iltl o"o-E Vl BIKETEMECULAVp��EY "13TV is a coalition of cyclists, dedicated to the advocacy for safe, accessible, and fun cycling as an For Questions, Contact: info@cmoh.net active means of recreation and transportation!" 41760 Rider Way, Temecula, CA 92590