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06142022 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11]. AGENDA TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JUNE 14, 2022 - 6:00 PM CALL TO ORDER: Mayor Matt Rahn INVOCATION: Dr. Brenda Harper of AACTS International Ministries FLAG SALUTE: Mayor Pro Tempore Zak Schwank ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart PRESENTATIONS Presentation for 2022 Individual CIF Championship Recognition - Great Oak High School Presentation of Proclamation for Pride Month BOARD / COMMISSION REPORTS Planning Commission and Public/Traffic Safety 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 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the 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 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. Page 1 City Council Agenda June 14, 2022 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 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the 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 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 2. Approve Action Minutes of May 19 and May 24, 2022 Recommendation: That the City Council approve the action minutes of May 19 and May 24, 2022. Attachments: 05/19/2022 - Action Minutes 05/24/2022 - Action Minutes 3. 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 Penlntinn List of Demands Page 2 City Council Agenda June 14, 2022 4. Adopt Ordinance No. 2022-09 Repealing and Replacing Title 6 of the Temecula Municipal Code and Make Modifications to Title 17 of the Temecula Municipal Code Regarding the Keeping„ Maintenance, and Possession of Dogs, Cats, Fowl and Other Animals (Long Range Project Number LR21-0130) (Second Reading) Recommendation: That the City Council adopt an ordinance entitled: ORDINANCE NO. 2022-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING AND REPLACING TITLE 6 OF THE TEMECULA MUNICIPAL CODE REGARDING THE KEEPING, MAINTENANCE, AND POSSESSION OF DOGS, CATS, FOWL, AND OTHER ANIMALS AND PROVIDING FOR THE CONTROL, LICENSING, AND WELFARE THEREOF, MODIFYING TITLE 17 OF THE TEMECULA MUNICIPAL CODE REGARDING ANIMAL KEEPING AND MAKING A FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (13)(3) (LONG RANGE PLANNING PROJECT NO. LR21-0130) Attachments: Agenda Report Ordinance 5. Adopt Resolutions Regarding the November 8, 2022 General Municipal Election Recommendation That the City Council adopt the following resolutions regarding the November 8, 2022 General Municipal Election: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 WITH THE STATEWIDE GENERAL ELECTION TO BE Page 3 City Council Agenda June 14, 2022 HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT ANY MUNICIPAL ELECTION Attachments: Agenda Report Resolution - Calling Election Resolution - Consolidate Resolution - Regulations Resolution - Special Runoff 6. Adopt Resolution Approving the Statement of Investment Policy and Delegating Investment Authority to the City Treasurer Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, APPROVING AND ADOPTING THE STATEMENT OF INVESTMENT POLICY AND DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER Attachments: Agenda Report Resolution Exhibit A 7. ADDrove Agreements for State and Federal Legislative Consultant Services with Townsend Public Affairs and David Turch and Associates (At the Request of Subcommittee Members Manor Rahn and Council Member Edwards) Recommendation: That the City Council approve the following: 1. Agreement with Townsend Public Affairs for State Legislative Consultant and Grant Writing Services, for a three-year period, for a total Page 4 City Council Agenda June 14, 2022 agreement amount of $216,000; and 2. First Amendment to Agreement with David Turch & Associates for Federal Legislative Consultant Services, for an additional three-year period, for a total agreement amount of $396,000. Attachments: Agenda Report Townsend Public Affairs - Agreement David Turch and Associates - Amendment 8. Approve Annual Renewal of Various Insurance Policies Recommendation: That the City Council approve the following insurance policies and renewals and appropriate an additional $335,000 to Fund 300 - Insurance to cover the increased premiums: 1. 1 st Excess Liability insurance with Illinois Union Insurance Company, in the amount of $286,180.09, for the period of July 1, 2022 to July 1, 2023; and 2. 2nd Excess Liability insurance with Princeton Excess and Surplus Lines Insurance Company, in the amount of $252,962.50, for the period of July 1, 2022 to July 1, 2023; and 3. 3rd Excess Liability insurance with Hallmark Specialty Insurance Company, in the amount of $209,812.50, for the period of July 1, 2022 to July 1, 2023; and 4. Excess Workers' Compensation insurance with Arch Insurance Company, in the amount of $137,199, for the period of July 1, 2022 to July 1, 2023; and 5. Property & Equipment Breakdown insurance with Hanover Insurance Company, in the amount of $123,381.75 for the period of July 1, 2022 to July 1, 2023; and 6. Difference in Conditions (Earth Movement and Flood) insurance with Steadfast Insurance Company and General Security Indemnity et al in the amount of $262,701.05, for the period of July 1, 2022 to July 1, 2023; and 7. Auto Physical Damage insurance with Hanover Insurance Company, in the amount of $16,235, for the period of July 1, 2022 to July 1, 2023; and 8. Cyber Liability insurance with Houston Casualty Company, in the amount of $49,717.62, for the period of July 1, 2022 to July 1, 2023; and 9. Crime insurance with Hanover Insurance Company, in the amount of Page 5 City Council Agenda June 14, 2022 $2,584, for the period of July 1, 2022 to July 1, 2023; and 10. Pollution/Environmental Legal Liability insurance with Illinois Union Insurance Company, in the amount of $13,431, for the period of July 1, 2022 to July 1, 2023; and 11. Volunteer Accident insurance with Berkley Life & Health Insurance Company, in the amount of $1,282, for the period of July 1, 2022 to July 1, 2023; and 12. Standalone Terrorism Liability, Business Interruption, and Property Damage insurance with Lloyd's Syndicate 33, in the amount of $8,099.96, for the period of July 1, 2022 to July 1, 2023; and 13. Drone Coverage with ACE American Insurance Company and National Liability & Fire Insurance Company in the amount of $1,662, for the period of July 1, 2022 to July 1, 2023. Attachments: Agenda Report Proposal 9. Approve Agreement for Law Enforcement Services with the County of Riverside Recommendation: That the City Council approve an agreement for law enforcement services between the City of Temecula and the County of Riverside. Attachments: Agenda Report Agreement 10. Approve Cooperative Agreement to Provide Fire Protection, Fire Prevention, Rescue and Medical Emergency Services for the City of Temecula for Fiscal Years 2022-23 through 2024-25 Recommendation: That the Council approve the Cooperative Agreement to Provide Fire Protection, Fire Prevention, Rescue and Medical Emergency Services for the City of Temecula for Fiscal Years 2022-23 through 2024-25 in substantially the form presented to the City Council and that the Mayor be authorized to execute the Agreement on behalf of the City with such language finalized by the City Manager and City Attorney in substantially the form presented to the City Council. Attachments: Agenda Report Agreement Exhibit A - Cost Estimate Exhibit B - Payment for Services Exhibit C - Fire Engine Use Exhibit D - Fire Marshal Page 6 City Council Agenda June 14, 2022 11. 12. 13. 14. Approve Sponsorship Agreement with Kiwanis Club of Temecula Valley Foundation for the Run 4k *Honor* Wine (At the Request of Council Member Alexander) Recommendation: That the City Council approve the sponsorship agreement with Kiwanis Club of Temecula Valley Foundation for in -kind promotional services valued at $11,415 for the Run 4k *Honor* Wine. Attachments: Agenda Report Agreement Approve Memorandum of Understanding with the Foundation for Senior Care for Transportation and Parking Lot Related Services at the Mari Phillips Senior Center Recommendation: Attachments: That the City Council approve the memorandum of understanding with the Foundation for Senior Care for the provision of transportation services provided by the foundation and utilizing the City facility, Mary Phillips Senior Center (MPSC) parking lot, as a connectivity destination for pick-up and drop-off of foundation clients. Agenda Report Memorandum of Understanding Approve Enterprise License Agreement with ESRI for the ArcGIS Suite of Software Recommendation: That the City Council: 1. Approve an enterprise license agreement with ESRI for the ArcGIS Suite of Software in an amount not to exceed $71,324 per year; and 2. Authorize the City Manager to approve contract change orders of up to 10% of the annual amount, or $7,132 per year. Attachments: Agenda Report Agreement Approve Agreements with Western AN for the Purchase, Installation and Maintenance, of Audiovisual Equipment in Old Town and City Facilities Recommendation: That the City Council: 1. Approve a purchase and installation agreement with Western AN for the audiovisual equipment throughout Old Town and within City facilities for an amount not to exceed $368,964.05; and 2. Approve a maintenance work agreement with Western AN for the Old Town sound system for an amount not to exceed $100,000; and 3. Authorize the City Manager to approve contract change orders up to Page 7 City Council Agenda June 14, 2022 15. 16. 17. 10% of the contract amount, or $36,896.40. Attachments: Agenda Report Agreement - Purchase and Installation Agreement - Maintenance Approve First Amendment to the Agreement with Blanca A. Yanes DBA De Gange Consulting for Landscape Plan Check and Inspection Services Recommendation: That the City Council approve a first amendment to the agreement with Blanca A. Yanes DBA De Gange Consulting to perform landscape plan check and inspection services for Fiscal Years 2021-25, in the amount of $100,000, for a total agreement amount of $700,000. Attachments: Agenda Report Original Agreement Amendment Award Construction Contract to LC Paving & Sealing, Inc. for the Sidewalks - DLR Drive Project, PW19-18 Recommendation: That the City Council: 1. Award a construction contract to LC Paving & Sealing, Inc. in the amount of $183,037.47 for the Sidewalks - DLR Drive Project, PW 19-18; and 2. Authorize the City Manager to approve construction contract change orders up to 10% of the contract amount, $18,303.75; and 3. Make a finding that the Sidewalks - DLR Drive Project, PW19-18, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. Attachments: Agenda Report Contract Project Description and Location Approve Agreement with CCS Facility Services for Janitorial Services for City Facilities for Fiscal Year 2022-2023 Recommendation: That the City Council: 1. Approve an agreement with CCS Facility Services, in the amount of $322,434.13, to provide janitorial services for City facilities for Fiscal Year 2022-2023; and 2. Approve contingency for extra work in the amount of $32,243, which is approximately 10% of the agreement amount. Page 8 City Council Agenda June 14, 2022 Attachments: Agenda Report Agreement 18. Approve Agreement with Diversified Waterscapes, Inc. for Lake and Pond Maintenance Services for Fiscal Year 2022-2023 19. 20. Recommendation Attachments That the City Council approve an agreement with Diversified Waterscapes, Inc., in the amount of $150,000, to provide lake and pond maintenance services for Fiscal Year 2022-2023. Agenda Report Agreement Approve Second Amendment to the Agreement for Consultant Services with EXP U.S. Services Inc. for the Santa Gertrudis Creek Trail Phase II - Margarita Under -Crossing, PW 19-04 Recommendation: That the City Council: 1. Approve the second amendment to the agreement for consultant services with EXP U.S. Services Inc. for the Santa Gertrudis Creek Trail Phase II - Margarita Under -crossing, PW 19-04, increasing the contingency amount by $40,000; and 2. Increase the City Manager's authority to approve extra work authorizations by $40,000. Attachments: Agenda Report Amendment Project Description Project Location Approve Plans and Specifications and Authorize Solicitation of Construction Bids for the Mary Phillips Senior Center Enhancement and Renovation, PW20-13 Recommendation: Attachments: That the City Council: 1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Mary Phillips Senior Center Enhancement and Renovation, PW20-13; and 2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Agenda Report Project Description Project Location Page 9 City Council Agenda June 14, 2022 21. Approve Resolution Rescinding Resolution No. 2021-47 and Authorizing Quitclaim Deed in Connection with Assessor's Parcel Numbers 957-130-003 and 957-130-013 in Connection with Drainage, Flood Control, and Flood Channel Improvements Along the Santa Gertrudis Creek Recommendation Attachments: That the City Council take the following actions: 1. Adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RESCINDING RESOLUTION NO. 2021-47, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF FOR DRAINAGE, FLOOD CONTROL, AND FLOOD CHANNEL IMPROVEMENT PURPOSES, AND ALL USES NECESSARY OR CONVENIENT THERETO ALONG THE SANTA GERTRUDIS CREEK (325 SQUARE FOOT PERMANENT EASEMENT ON APNS 957-130-003 AND 957-130-013) AND AUTHORIZING THE QUITCLAIM OF THE CITY' S INTEREST IN SAID EASEMENT TO THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 2. Authorize the City Manager to execute the Quitclaim Deed. Agenda Report pPcnlntinn Resolution No. 2021-47 Quitclaim Deed Exhibit A - Legal Description Exhibit B - Easement Map 22. Approve Quitclaim Deed Releasing All of the City's Rights, Title and Interest in 9,938 Square Feet Parcel of Land Located on West Side of Murrieta Creek, East of Pujol Steet and South of First Street to the Riverside County Flood Control and Water Conservation District Recommendation: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING QUITCLAIM DEED RELEASING ALL OF Page 10 City Council Agenda June 14, 2022 23. THE CITY'S RIGHTS, TITLE AND INTEREST IN THE APPROXIMATE 9,938 SQUARE FOOT PARCEL LOCATED ON WEST SIDE OF MURRIETA CREEK, EAST OF PUJOL STREET AND SOUTH OF FIRST STREET TO THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (REFERENCED AS RCFC PARCEL NO. 7021-36) 2. Authorize the Mayor to execute the Quitclaim Deed releasing all of the City's rights, title and interest in the approximate 9,938 square foot parcel of land located on west side of Murrieta Creek, east of Pujol Street and south of First Street to the Riverside County Flood Control and Water Conservation District. Attachments: Agenda Report Resolution Quitclaim Deed Receive and File Additional Temporary Street Closures for 2022 Summerfest Events Recommendation Attachments That the City Council receive and file the temporary closure of certain streets for the following 2022 Summerfest Events: HIGH HOPES SUMMER CONCERT STUFF THE BUS EVENT VEGAN DISTRICT FOOD FAIR Agenda Report Exhibit A 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 11 City Council Agenda June 14, 2022 TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President James Stewart 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 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the 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 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 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the 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 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. 24. Approve Action Minutes of May 24, 2022 Recommendation: That the Board of Directors approve the action minutes of May 24, 2022. Attachments: Action Minutes 25. Approve the Artworks Selected by the Members of the Utility Box Art Project Selection cnmmittPP Recommendation: That the Board of Directors approve the artworks selected by the members of the Utility Box Art Project Selection Committee to be reproduced on vinyl and wrapped on Old Town Temecula Utility Boxes. Attachments: Agenda Report A rtivnrlr Page 12 City Council Agenda June 14, 2022 26. Approve Non -Exclusive Entertainment Services Agreement with TNT Entertainment Groun. LLC for Entertainment and Technical Services Recommendation: That the Board of Directors approve a non-exclusive entertainment services agreement with TNT Entertainment Group, LLC for entertainment and technical services. Attachments: Agenda Report Agreement 27. Approve Amendment to Cooperation Aareement with the Temecula Vallev Museum, Inc. for the Operation of the Wedding Chapel, Courtyard and Concessions FacilitX Recommendation: That the Board of Directors approve the amendment to the cooperation agreement with the Temecula Valley Museum, Inc. for the operation of the wedding chapel, courtyard, and concessions facility. Attachments: 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, June 28, 2022, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 13 City Council Agenda June 14, 2022 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY - NO MEETING TEMECULA HOUSING AUTHORITY - NO MEETING TEMECULA PUBLIC FINANCING AUTHORITY - NO MEETING RECONVENE TEMECULA CITY COUNCIL JOINT PUBLIC HEARING - CITY COUNCIL, COMMUNITY SERVICES DISTRICT, SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of a project at the time of the hearing. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at or prior to the public hearing. For public hearings each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the 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. Email comments on all matters, including those not on the agenda, must be received prior to the time the item is called for public comments. At public hearings involving land use matters, the property owner and/or applicant has the burden of proof and, therefore, shall be allowed 15 minutes for an initial presentation, and an additional 10 minutes for rebuttal by its development team following other comments on the matter. An appellant, other than the property owner and/or applicant, and the spokesperson for an organized group of residents residing within the noticed area of the property, which is the subject of the public hearing, shall be allowed 15 minutes to present the appellant's position to the Council. The Mayor may allow more time if required to provide due process for the property owner, applicant or appellant. All other members of the public may speak during the public hearing for a maximum period of 5 minutes each. Deferral of one speaker's time to another is not permitted. In the event of a large number of speakers, the Mayor may reduce the maximum time limit for members of the public to speak. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 28. Approve Fiscal Years 2023-27 Capital Improvement Program (CIP) and Adopt Fiscal Year 2022-23 CIP and Annual Operating Budgets for the City of Temecula, the Temecula Community_ Services District (TCSD) and the Successor Agency to the Redevelopment Agency (SARDA) Recommendation: That the City Council/Board of Directors adopt the following resolutions entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2023-27 AND ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEAR 2022-23 Page 14 City Council Agenda June 14, 2022 RESOLUTION NO. CSD A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING THE FISCAL YEAR 2022-23 PRELIMINARY ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS RESOLUTION NO. SARDA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE CAPITAL IMPROVEMENT PROGRAM FISCAL YEARS 2023-27, ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEAR 2022-23, ADOPTING THE FISCAL YEAR 2022-23 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FISCAL YEAR 2022-23 ANNUAL OPERATING BUDGET, ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS, ESTABLISHING CONTRACT AUTHORITY OF CITY MANAGER, ESTABLISHING LAWSUIT SETTLEMENT AUTHORITY OF CITY MANAGER RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS AND SALARY SCHEDULE RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2022-23 Page 15 City Council Agenda June 14, 2022 Attachments: Agenda Report Transmittal Letter BUSINESS Resolution- City CIP Resolution- TCSD AOB Resolution- SARDA AOB Resolution- City AOB Resolution- Schedule of Authorized Positions Attachment- Schedule of Authorized Positions Attachment- Salary Schedule Resolution- Appropriations Limit Attachment- GANN Limit 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 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the 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 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. 29. Approve a Memorandum of Understanding�(MOU) with Teamsters Local 911 Succeeding the MOU that Expires June 30, 2022; Approve the Amended and Restated Management Compensation Plan; Approve the Amended and Restated City Council Compensation Plan; and Approve the Assistant to the City Manager's Employment Agreement Recommendation That the City Council approve the following: 1. Memorandum of Understanding between the City of Temecula and the General Employees of the City of Temecula represented by the California Teamster Public, Professional, and Medical Employee Union Local 911 effective July 1, 2022 through June 30, 2026; and 2. Amended and Restated Management Compensation Plan; and 3. Amended and Restated City Council Compensation Plan; and 4. Assistant to the City Manager's Employment Agreement. Attachments: Agenda Report Memorandum of Understanding Management Compensation Plan City Council Compensation Plan Employment Agreement - Elizabeth Lowrey Page 16 City Council Agenda June 14, 2022 DEPARTMENTAL REPORTS 30. City Council Travel/Conference Report Attachments: Agenda Report Council Member Edwards - Itinerary Council Member Stewart - Itinerary 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 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 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. CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT The next regular meeting of the City Council will be held on Tuesday, June 28, 2022, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 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 17 Item No. 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: June 14, 2022 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 BUDGET WORKSHOP CONFERENCE CENTER 41000 MAIN STREET TEMECULA, CALIFORNIA MAY 19, 2022 - 9:00 AM CALL TO ORDER at 9:02 AM: Mayor Matt Rahn FLAG SALUTE: Mayor Matt Rahn ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart (absent) PUBLIC COMMENTS - None JOINT MEETING OF CITY COUNCIL, TEMECULA COMMUNITY SERVICES DISTRICT AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY RITSINERS 1. Review Fiscal Years 2023-27 Capital Improvement Program (CIP) and Review Fiscal Year 2022-23 CIP and Annual Operating Budgets for the City of Temecula, the Temecula Community Services District (TCSD) and the Successor Agency to the Temecula Redevelopment Agency SARDA) Recommendation: That the City Council/Board of Directors review and discuss the Proposed Fiscal Years 2023-27 Capital Improvement Program (CIP) and Review Fiscal Year 2022-23 Annual Operating Budgets for the City of Temecula, the Temecula Community Services District (TCSD) and the Successor Agency to the Temecula Redevelopment Agency (SARDA). Workshop with discussion and general direction only; no action taken. ADJOURNMENT At 10:18 AM, the City Council meeting was formally adjourned to Tuesday, May 24, 2022, at 4:30 PM for Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MAY 24, 2022 - 6:00 PM CLOSED SESSION - 5:00 PM CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION. The City Council convened in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) with respect to one matter of pending litigation: Capone v. City of Temecula, Riverside County Superior Court Case No. CVSW 2000825. 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)(4) 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. Based on existing facts and circumstances, the City Council will decide whether to initiate litigation. CALL TO ORDER at 6:00 PM: Mayor Matt Rahn INVOCATION: Deacon John Gabriele of St. Catherine of Alexandria Church FLAG SALUTE: Council Member James Stewart ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart PRESENTATIONS Proclamation for Water Safety Month BOARD / COMMISSION REPORTS Community Services Commission, Planning Commission and Race, Equity, Diversity and Inclusion Commission PUBLIC SAFETY REPORT California Department of Forestry and Fire Protection (CAL FIRE) PUBLIC COMMENTS - NON -AGENDA ITEMS The following individual(s) addressed the City Council: • Randon Lane 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 by Edwards, Second by Stewart. 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 May 10, 2022 Recommendation: That the City Council approve the action minutes of May 10, 2022. 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2022-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4. Approve City Treasurer's Report as of November 30, 2021 Recommendation: That the City Council approve and file the City Treasurer's Report as of November 30, 2021. 5. Approve Cooperative Agreement with Non-profit Seniors' Golden Years of Temecula Valley in Support of Various Senior Services Activities Recommendation: That the City Council approve a cooperative agreement with non-profit Seniors' Golden Years of Temecula Valley in support of various senior services activities. 6. Approve Agreement with Temecula Valley_ Unified School District for Interim Use of Temecula Valley High School Pool Facilities Recommendation: That the City Council approve an agreement with Temecula Valley Unified School District for interim use of Temecula Valley High School pool facilities. 7. Adopt List of Projects to be Funded by Senate Bill One (SB 1) for Fiscal Year 2022-23 Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2022-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 8. Approve the Initial Study and Adopt a Mitigated Negative Declaration for the Diaz Road Expansion Project, PW17-25 Recommendation: That the City Council: 1. Approve the Initial Study (IS) and adopt a Mitigated Negative Declaration (MND) for the Diaz Road Expansion Project, PW 17-25; and 2. Direct the Public Works Director to file the Notice of Determination (NOD). 9. Approve Purchase and Sale Agreement for Acquisition of Certain Property Interests on Assessor's Parcel Number 910-100-018 in Connection with I-15/French Valley Parkway Improvements - Phase II, PW 16-01 Recommendation: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 2022-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN CITY OF TEMECULA AND LINDA D. HUDDLESTON, TRUSTEE, ROXANNA M. HODGES, TRUSTEE, SUSAN D. RENNO, TRUSTEE, FOURSQUARE FINANCIAL SOLUTIONS, INC., AND STEVEN WILLIAMS AND BRENDA JORDAN, SUCCESSOR CO -TRUSTEES IN CONNECTION WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II (PORTIONS OF APN 910-100-018) 2. Authorize the City Manager to approve and execute all necessary documents, including those in substantially the form attached to the agenda report, and take all necessary actions to effectuate the purchase of the approximate 11,516 square foot partial fee acquisition, the approximate 6,741 square foot temporary construction easement, and the approximate 6,901 square foot temporary construction easement on the real property located at the northwest corner of Elm Street and Jackson Avenue in Murrieta, California and identified as Assessor's Parcel Number 910-100-018. 3 10. Approve Agreement for Consultant Services with Dudek for the City_ wide Drainage Master Plan, PW 19-16 Recommendation: That the City Council: 1. Approve the agreement for consultant services with Dudek in the amount of $535,740.50, for professional engineering services on the Citywide Drainage Master Plan, PW 19-16; and 2. Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $53,574.00, which is approximately 10% of the agreement amount. 11. Approve First Amendments to Annual Professional Services Agreements for Geotechnical and Materials Testing Services for the Department of Public Works/Capital Improvement Program (CIP) Division for Fiscal Years 2020-2024 Recommendation: That the City Council approve the first amendments to annual professional services agreements for geotechnical and materials testing services for the Department of Public Works/Capital Improvement Program (CIP) Division for Fiscal Years 2020-2024, as follows: - Geocon West, Inc., $1,000,000 total term - Leighton Consulting, Inc., $1,000,000 total term - MTGL, Inc., First Amendment, $1,000,000 total term 12. Approve First Amendments to Annual Professional Services Agreements for Property Acquisition Services for the Department of Public Works/Capital Improvement Program (CIP) Division for Fiscal Years 2020-2024 Recommendation: That the City Council approve the first amendments to annual professional services agreements for property acquisition services for the Department of Public Works/Capital Improvement Program (CIP) Division for Fiscal Years 2020-2024, as follows: - Overland, Pacific & Cutler, LLC, $300,000 total term - Paragon Partners Consultants, Inc., $300,000 total term 13. Approve Second Amendment to the Minor Maintenance Agreement for Landscape Maintenance Services with Nieves Landscape, Inc. Recommendation: That the City Council approve the second amendment to the minor maintenance agreement for landscape maintenance services with Nieves Landscape, Inc., in the amount of $2,748,693.48 for Fiscal Year 2022-23, and approve contingency for extra work in the amount of $549,737, which is approximately 20% of the Fiscal Year 2022-23 amount. 14. Approve Third Amendment to Agreement with David Evans and Associates, Inc. for the Diaz Road Expansion Project, PW17-25 Recommendation: That the City Council approve the third amendment to the agreement with David Evans and Associates, Inc., in the amount of $59,279.80, for additional contingency in support of the professional design and environmental services of the Diaz Road Expansion Project, PW 17-25 and increase the City Manager's authority to approve extra work authorizations by the same amount. 15. Approve the Plans and Specifications and Authorize Solicitation of Construction Bids for the Sidewalks - Citywide - Ynez Road Between Rancho Highland and Tierra Vista Drive, PW 17-28 Recommendation: That the City Council: 1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Sidewalks - Citywide - Ynez Road between Rancho Highland and Tierra Vista Road, PW 17-28; and 2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. 16. Approve the Plans and Specifications and Authorize Solicitation of Construction Bids for the Fire Station 84 Renovation, PW19-14 Recommendation: That the City Council: 1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Fire Station 84 Renovation, PW19-14; and 2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. 17. Approve the Plans and Specifications and Authorize Solicitation of Construction Bids for the Traffic Signal Installation - Citywide, Rancho California Road and Tee Drive, PW19-19 Recommendation: That the City Council: 1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Traffic Signal Installation - Citywide, Rancho California Road and Tee Drive, PW19-19; and 18. 19. 2. Make a finding that this project is exempt from the California Environmental Quality Act (CEQA) per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Approve the Plans and Specifications and Authorize Solicitation of Construction Bids for the Citywide Concrete Repairs Fiscal Year 2021-22 Project, PW22-01 Recommendation: That the City Council: 1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Concrete Repairs Fiscal Year 2021-22 Project, PW22-01; and 2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Approve the Specifications and Authorize Solicitation of Construction Bids for the Pavement Rehabilitation Program - Meadowview/Paloma Del Sol Project, PW21-06 Recommendation: That the City Council: 1. Approve the specifications and authorize the Department of Public Works to solicit construction bids for the Pavement Rehabilitation Program - Meadowview/Paloma Del Sol Project, PW21-06; and 2. Make a finding that this project is exempt from the CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. 20. Set Public Hearing to Approve Solid Waste and Recycling and SB1383 Compliance Fee on Commercial Collection Rates for Commercial Customers for Fiscal Year 2022-23 Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2022-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION WITH THE SOLID WASTE AND RECYCLING AND SB1383 COMPLIANCE FEE ON COMMERCIAL COLLECTION RATES FOR COMMERCIAL CUSTOMERS FOR FISCAL YEAR 2022-23 RECESS: At 6:44 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 6:58 PM the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 23. Adopt an Ordinance Repealing and Replacing Title 6 of the Temecula Municipal Code and Make Modifications to Title 17 of the Temecula Municipal Code Regarding the Keeping, Maintenance, and Possession of Dogs, Cats, Fowl and Other Animals (Lon_ Range Project Number LR21-0130) Recommendation: That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 2022-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING AND REPLACING TITLE 6 OF THE TEMECULA MUNICIPAL CODE REGARDING THE KEEPING, MAINTENANCE, AND POSSESSION OF DOGS, CATS, FOWL, AND OTHER ANIMALS AND PROVIDING FOR THE CONTROL, LICENSING, AND WELFARE THEREOF, MODIFYING TITLE 17 OF THE TEMECULA MUNICIPAL CODE REGARDING ANIMAL KEEPING AND MAKING A FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (B)(3) (LONG RANGE PLANNING PROJECT NO. LR21-0130) Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Stewart. The vote reflected unanimous approval. BUSINESS 24. Consider Update Regarding Proposed Memorial and Monument Policy (At the Request of Subcommittee Members Alexander and Stewart) Recommendation: That the City Council consider an update for the proposed memorial and monument policy and provide general direction regarding the same. Provided general recommendations regarding the same, no action. 25. Consider Development of an Aquatics Center (At the Request of Council Member Stewart) Recommendation: That the City Council consider opportunities for the development of an aquatics center and provide general direction regarding the same. 7 Approved the Staff Recommendation and referred the item to the Parks and Recreation Subcommittee (5-0): Motion by Edwards, Second by Stewart. The vote reflected unanimous approval. DEPARTMENTAL REPORTS (Receive and File) 26. City Council Travel/Conference Report 27. Community Development Department Monthly Report 28. Fire Department Monthly Report 29. Public Works Department Monthly Report ITEMS FOR FUTURE CITY COUNCIL AGENDAS CITY MANAGER REPORT CITY ATTORNEY REPORT The City Attorney stated there was no reportable actions from closed session. ADJOURNMENT At 8:09 PM, the City Council meeting was formally adjourned to Tuesday, June 14, 2022, at 4:30 PM for Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Adjourned in Memory of the victims in Buffalo, New York and Uvalde, Texas Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] 8 Item No. 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: June 14, 2022 SUBJECT: Approve List of Demands PREPARED BY: Pam Espinoza, Accounting Technician I RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2022- 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.2022- 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 $ 10,112,838.89. 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 14th day of June 2022. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of June 2022, 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 05/10/2022 TOTAL CHECK RUN: $ 1,263,024.09 05/12/2022 TOTAL CHECK RUN: 2,118,373.69 05/17/2022 TOTAL CHECK RUN: 106,944.65 05/19/2022 TOTAL CHECK RUN: 1,774,483.35 05/24/2022 TOTAL CHECK RUN: 3,668,812.99 05/26/2022 TOTAL CHECK RUN: 581,920.18 05/26/2022 TOTAL PAYROLL RUN: 599,279.94 TOTAL LIST OF DEMANDS FOR 06/14/2022 COUNCIL MEETING: S 10,112,838.89 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 5,260,608.85 140 COMMUNITY DEV BLOCK GRANT 11,960.63 165 RDA DEV LOW/MOD 20% SET ASIDE 11,415.31 170 MEASURE A FUND 78,740.00 190 COMMUNITY SERVICES DISTRICT 511,614.98 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 4,361.80 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 19,119.84 197 TEMECULA LIBRARY FUND 18,470.71 210 CAPITAL IMPROVEMENT PROJECTS FUND 1,604,511.13 300 INSURANCE FUND 34,727.66 305 WORKERS' COMPENSATION 5,777.41 320 INFORMATION TECHNOLOGY 198,114.11 330 CENTRAL SERVICES 11,003.10 340 FACILITIES 58,425.73 350 FACILITY REPLACEMENT FUND 5,000.00 380 SARDA DEBT SERVICE FUND 1,517,743.13 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 1,678.87 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,678.87 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 26,391.16 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 1,678.87 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 1,680.19 478 CFD 16-01 RORIPAUGH PHASE II 1,679.53 479 CFD 19-01 CYPRESS RIDGE 1,147.50 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 2,127.05 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 1,504.92 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLAND 3,116.45 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 319.59 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 14,256.92 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 8,318.92 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 814.05 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 7,123.67 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 289.05 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 564.92 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 926.55 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 4,472.78 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 3,032.86 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 531.05 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 3,843.97 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 1,000.80 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 97.88 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 4,050.10 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 3,810.34 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 6,135.11 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 15,407.57 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 189.55 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 420.37 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 8,985.65 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 2,371.46 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 89.55 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 250.92 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 19,361.38 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 100.14 700 CERBT CALIFORNIA EE RETIREE-GASB45 12,516.00 $ 9,513,558.95 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 342,413.85 140 COMMUNITY DEV BLOCK GRANT 534.04 165 AFFORDABLE HOUSING 3,484.73 190 TEMECULA COMMUNITY SERVICES DISTRICT 190,120.50 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,408.23 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 529.44 197 TEMECULA LIBRARY FUND 3,297.96 300 INSURANCE FUND 2,113.70 305 WORKERS' COMPENSATION 2,113.73 320 INFORMATION TECHNOLOGY 36,936.49 330 SUPPORT SERVICES 5,338.21 340 FACILITIES 8,931.75 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 0.06 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 0.48 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 0.48 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 0.48 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 0.48 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 0.48 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 0.06 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 252.73 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 0.06 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 0.48 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 0.06 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 126.37 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 12.66 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 0.06 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 0.06 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 12.66 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 0.06 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 75.81 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 106.15 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 252.66 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 480.23 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 0.06 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 1.20 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 202.19 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 25.27 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 0.06 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 0.48 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 505.44 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 0.04 TOTAL BY FUND: 599,279.94 $ 10,112,838.89 apChkLst Final Check List Page: 1 05/10/2022 3:42:19PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor Description 502253 5/12/2022 020724 79 FIELD HOCKEY INC TCSD INSTRUCTOR EARNINGS 502254 5/12/2022 004802 ADLERHORST INTERNATIONAL APR K-9 TRAINING: KING/MUSHINSKIE: LLC POLIC 502255 5/12/2022 022546 AIRWAVE COMMUNICATIONS, PUBLIC SAFETY ANTENNA SYSTEM: ENTERPRISES INFO TECH 502256 5/12/2022 004240 AMERICAN FORENSIC NURSES DRUG/ALCOHOL ANALYSIS: TEM AFN SHERIFF DRUG/ALCOHOL ANALYSIS: TEM SHERIF 502257 5/12/2022 000936 AMERICAN RED CROSS, STAFF/LIFEGUARD CERTS: AQUATICS HEALTH AND SAFETY SVCS 502258 5/12/2022 021400 AYERS ELECTRIC INC ELECTRICAL REPAIRS/INSTALLS: THEATER ELECTRICAL REPAIRS/INSTALLS: OLD Ti ELECTRICAL REPAIRS/INSTALLS: FOC: F ELECTRICAL REPAIRS/INSTALLS: CONVI ELECTRICAL REPAIRS/INSTALLS: OLD Ti 502259 5/12/2022 022719 BAKER ELECTRIC, & CONST CONTRACT SVC: PEDESTRIAN RENEWABLES LLC SIGNAL 502260 5/12/2022 022651 BRAND ASSASSINS BANNERS: STATE OF THE CITY: CMO 502261 5/12/2022 021588 BRAUN PETER, DBA MAY PLANTSCAPE SVCS: CIVIC CTR TEMECULA PLANTSCAPE MAY PLANTSCAPE SVCS: LIBRARY 502262 5/12/2022 022670 BROWN, JAMAL DEON, DBA TCSD INSTRUCTOR EARNINGS JDB TRAINING 502263 5/12/2022 021502 BUCHER, BRET PHILLIP TCSD INSTRUCTOR EARNINGS 502264 5/12/2022 004248 CALIF DEPT OF MAR FINGERPRINTING SVCS: JUSTICE-ACCTING VOLUNTEERS: TCS MAR FINGERPRINTING SVCS: POLICE MAR FINGERPRINTING SVCS: HR 502265 5/12/2022 004837 CHERRY VLY FEED & PET K9 FOOD: TEM SHERIFF SUPPLY 502266 5/12/2022 004412 COMPLETE TENNIS CAMP, TCSD INSTRUCTOR EARNINGS CTC TENNIS AKA KERRY LE 502267 5/12/2022 003272 DAISYECO INC PRINTER & PLOTTER SUPPLIES: GIS/CIVIC CT Amount Paid Check Total 1,176.00 1,176.00 350.00 350.00 250.00 250.00 120.40 1,034.60 1,155.00 135.00 135.00 100.00 200.00 600.00 800.00 1,000.00 2,700.00 149, 753.61 149, 753.61 896.48 896.48 500.00 200.00 700.00 4,333.00 4,333.00 2,758.00 2,758.00 196.00 2,731.00 245.00 3,172.00 133.61 133.61 1,232.00 1,232.00 434.94 434.94 Page-1 apChkLst 05/10/2022 3:42:19PM Final Check List CITY OF TEMECULA Page: 2 Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 502268 5/12/2022 001393 DATA TICKET INC, DBA MAR CITATION PROCESSING: POLICE 1,589.25 1,589.25 REVENUE EXPERTS 502269 5/12/2022 022483 DE LA SECURA INC, DBA DLS DSGN-BUILD SVCS: MRC PW17-21 240,181.68 BUILDERS DSGN-BUILD SVCS: MRC PW17-21 36,530.01 DSGN-BUILD SVCS: MRC PW17-21 212,598.10 489,309.79 502270 5/12/2022 003945 DIAMOND ENVIRONMENTAL PORTABLE RESTROOM: RIVERTON 110.88 SRVCS PARK PORTABLE RESTROOM: VAIL RANCH PA 165.88 PORTABLE RESTROOM: LA SERENA WA 110.88 PORTABLE RESTROOM/SINK RENTAL: T 133.21 RESTROOM RENTAL: CITYWIDE CLEANI 125.20 646.05 502271 5/12/2022 019720 DIVERSIFIED WATERSCAPES MAY WTR QUALITY MAINT: DUCK 7,213.00 7,213.00 INC POND/HARVEST 502272 5/12/2022 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: EOC 92.14 FUEL FOR CITY VEHICLES: POLICE DEP 182.05 FUEL FOR CITY VEHICLES: POLICE DEP' 95.37 FUEL FOR CITY VEHICLES: TCSD 721.36 FUEL FOR CITY VEHICLES: LAND DEV: P 85.97 FUEL FOR CITY VEHICLES: PARKS: PW 2,163.84 FUEL FOR CITY VEHICLES: CIP: PW 104.43 FUEL FOR CITY VEHICLES: STREET MAI 1,336.12 FUEL FOR CITY VEHICLES: FIRE DEPT 285.59 FUEL FOR CITY VEHICLES: TRAFFIC: PN 508.59 5,575.46 502273 5/12/2022 012217 DUDEK URBAN FOREST MGMT PLAN & 31,322.51 31,322.51 INVENTORY 502274 5/12/2022 021412 EIDE BAILLY LLP CITY AUDITOR SVCS: SINGLE AUDIT 870.00 870.00 502275 5/12/2022 011202 EMH SPORTS USA INC TCSD INSTRUCTOR EARNINGS 231.00 231.00 502276 5/12/2022 002577 ENGINEERING RESOURCES, ENG CONSULT SVCS: OVERLAND: 300.00 OF SOUTHERN CALIF., INC. PW20-11 ENG SVCS: BIKE TRAIL PGM: PW19-11 1,727.30 2,027.30 502277 5/12/2022 015966 ERGO SOLUTION INC ERGO EVAL & REPORT: CRC 250.00 250.00 502278 5/12/2022 020921 EMPLOYEE 00539 REIMB: EMPLOYEE WELLNESS 50.00 50.00 PROMOTIONAL 502279 5/12/2022 022526 EMPLOYEE 00594 COMPTR LOAN PRGM: RISK MGMT 1,112.50 1,112.50 Paget apChkLst Final Check List Page: 3 O5/10/2022 3:42:19PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description 502280 5/12/2022 014865 FREIZE UHLER KIMBERLY DBA, RECOGNITION APPAREL: HR DEPT CLEAR BLUE PROMOTIONS 502281 5/12/2022 000177 GLENNIES OFFICE PRODUCTS MISC OFC SUPPLIES: SPORTS: TCSD INC MISC OFC SUPPLIES: TCC: FIRE DEPT MISC OFC SUPPLIES: INFO TECH MISC OFC SUPPLIES: CITY CLERK MISC OFC SUPPLIES: SPORTS: TCSD MISC OFC SUPPLIES: PW 502282 5/12/2022 000520 HDL COREN AND CONE APR-JUN PROP TAX CONSULTING: FINANCE 502283 5/12/2022 018059 ICON ENTERPRISES INC WEBSITE ANNUAL MAINT: INTO TECH 502284 5/12/2022 019085 INTERPRETERS UNLIMITED INTERPRETER SRVCS: TEM SHERIFF INC 502285 5/12/2022 022671 JFL ELECTRIC INC CNSTRCTN CONTRACT SVCS: FIBER OPTIC SYS 502286 5/12/2022 000482 LEIGHTON CONSULTING INC GEOTECH/MATL'S TESTING SVS: PAV'T REHAB 502287 5/12/2022 003726 LIFE ASSIST INC EMERG. MEDICAL SUPPLIES: MEDIC: FIRE DEP EMERG. MEDICAL SUPPLIES: MEDIC: FII 502288 5/12/2022 022677 MARIN CONCRETE CONSTRUCTION SVCS: SIDEWALKS: CONSTRUCTION OT IMPROV 502289 5/12/2022 021370 MARK THOMAS AND COMPANY MAR DSGN CONSULTANT SVCS: INC CHERRY ST EXT DSGN & ENVIRO SVCS: CONG RELIEF,P1 502290 5/12/2022 018675 MDG ASSOCIATES INC DEC ADA LABOR COMPLIANCE: PW20-08 502291 5/12/2022 019823 MERCHANTS BLDG MAINT LLC MAR JANITORIAL SVCS: OTS/PD MALL SUBSTN 502292 5/12/2022 020907 MICHELLE MEDINA, DBA TCSD INSTRUCTOR EARNINGS MICHELLE Q MEDINA 502293 5/12/2022 012264 MIRANDA, JULIO C TCSD INSTRUCTOR EARNINGS Amount Paid Check Total 289.12 289.12 104.88 95.68 62.25 17.35 887.22 -404.91 762.47 5,961.53 5,961.53 8,986.75 8,986.75 21.00 21.00 151,557.00 151,557.00 2,300.00 2,300.00 1,081.87 324.03 1,405.90 145, 475.47 145, 475.47 17,098.25 77,465.50 94,563.75 727.88 727.88 930.41 930.41 3,628.80 3,628.80 1,432.20 1,432.20 Page:3 apChkLst O5/10/2022 3:42:19PM Final Check List CITY OF TEMECULA Page: 4 Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 502294 5/12/2022 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: CIVIC CTR 179.44 INC ELECTRICAL SUPPLIES: CIVIC CTR 406.62 ELECTRICAL SUPPLIES: CIVIC CTR 1,299.35 ELECTRICAL SUPPLIES: MPSC 303.24 ELECTRICAL SUPPLIES: MPSC 284.94 FAIL OVER TO GENERATOR PARTS: TPL 2,059.52 ELECTRICAL SUPPLLIES: FACILITY REH� 272.61 4,805.72 502295 5/12/2022 004040 MORAMARCO ANTHONY J, TCSD INSTRUCTOR EARNINGS 1,561.00 DBA BIGFOOT GRAPHICS YAC-TSHIRTS & STICKERS: TCSD/SENIC 1,299.00 2,860.00 502296 5/12/2022 004490 MUSCO SPORTS LIGHTING LLC ANNUAL CNTRL LINK SVC FEE: PARKS: 5,856.00 5,856.00 PW 502297 5/12/2022 009337 NV5 INC MAR PROJ MGT SVCS: MRC, PW17-21 31,815.00 31,815.00 502298 5/12/2022 021998 OLD TOWN TIRE AND SERVICE VEH MAINT & REPAIR:PW STREET 124.70 INC MAINT VEHICLE MAINTENANCE: EOC 178.15 CITY VEHICLE MAINT - MEDIC: FIRE 40.59 343.44 502299 5/12/2022 002800 PACIFIC STRIPING INC STRIPING SVCS: WOLF CREEK BIKE 4,948.13 4,948.13 LN 502300 5/12/2022 010338 POOLAND ELECTRICAL, VARIOUS SUPPLIES: AQUATICS 605.52 605.52 PRODUCTS INC 502301 5/12/2022 005075 PRUDENTIAL OVERALL FLOOR MATS/TOWEL RENTALS: CIVIC 95.70 95.70 SUPPLY CENTER 502302 5/12/2022 022537 REFRIGERATION SUPPLIES, ADD'L HVAC SUPPLIES, CIVIC CENTER 155.33 DISTRIBUTOR MISC HVAC SUPPLIES: CIVIC CTR 4.66 MISC HVAC SUPPLIES: CIVIC CTR & IWT 1,007.68 ADD'L HVAC SUPPLIES, CIVIC CENTER 60.83 MISC HVAC SUPPLIES: CRC 27.35 MISC HVAC SUPPLIES: CRC 414.30 MISC HVAC SUPPLIES: CRC 248.87 MISC HVAC SUPPLIES: CIVIC CTR 1,326.76 MISC HVAC SUPPLIES: THEATER 42.69 MISC HVAC SUPPLIES: THEATER -349.00 MISC HVAC SUPPLIES: CIVIC CTR -3.32 2,936.15 Page:4 apChkLst O5/10/2022 3:42:19PM Final Check List CITY OF TEMECULA Page: 5 Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 502303 5/12/2022 002412 RICHARDS WATSON AND MAR 2022 LEGAL SERVICES 2,494.00 GERSHON MAR 2022 LEGAL SERVICES 2,305.86 MAR 2022 LEGAL SERVICES 405.00 MAR 2022 LEGAL SERVICES 232.00 MAR 2022 LEGAL SERVICES 4,161.50 MAR 2022 LEGAL SERVICES 450.00 MAR 2022 LEGAL SERVICES 2,326.00 MAR 2022 LEGAL SERVICES 517.50 MAR 2022 LEGAL SERVICES 406.00 MAR 2022 LEGAL SERVICES 7,565.06 MAR 2022 LEGAL SERVICES 4,101.42 MAR 2022 LEGAL SERVICES 5,484.30 MAR 2022 LEGAL SERVICES 13,286.50 MAR 2022 LEGAL SERVICES 4,490.60 MAR 2022 LEGAL SERVICES 2,643.67 MAR 2022 LEGAL SERVICES 915.96 MAR 2022 LEGAL SERVICES 1,711.00 53,496.37 502304 5/12/2022 020922 EMPLOYEE 00529 REIMB: PTSC MTG APR'22 51.00 51.00 502305 5/12/2022 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 04/28/22 304.50 STAND-UP COMEDY @ THE MERC 04/30 1,625.00 1,929.50 502306 5/12/2022 013482 SILVERMAN ENTERPRISES SECURITY: ROTATING PARKS & REC: 3,567.00 3,567.00 INC, DBA BAS SECURITY TCSD 502307 5/12/2022 003849 TERRYBERRY COMPANY Service Awards: HR 166.03 166.03 502308 5/12/2022 016311 TIERCE, NICHOLAS GRAPHIC DSGN SVCS: THEATER 4,080.00 4,080.00 502309 5/12/2022 017415 TK ELEVATOR CORPORATION APR-JUN ELEVATOR MAINT SRVCS: 5,359.20 5,359.20 CITY FACS 502310 5/12/2022 007766 UNDERGROUND SERVICE MAR UNDERDRND UTILITY LOCATOR 267.40 ALERT, OF SOUTHERN ALERTS: PW CALIFORNIA MAR DIG SAFE BIRD BILLABLE TIX: PW 68.15 335.55 502311 5/12/2022 018147 WADDLETON, JEFFREY L. DJ SVCS: SPEC EVENT 4/8: TCSD 525.00 525.00 502312 5/12/2022 000820 WINCHAK KRIS R, DBA K R W & ENG PLAN CHECK & 11,830.00 11,830.00 ASSOCIATES REVIEW:PW-LAND DEV Grand total for EFT UNION BANK: 1,263,024.09 Page:5 apChkLst Final Check List Page: 6 O5/10/2022 3:42:19PM CITY OF TEMECULA 60 checks in this report. Grand Total All Checks: 1,263,024.09 Page6 apChkLst 05/12/2022 3:52:45PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK Check # Date Vendor Description Amount Paid Check Total 12396 12/17/2021 000262 RANCHO CALIF WATER VARIOUS NOV WATER 3000000 DIAZ 37,082.81 37,082.81 DISTRICT RD 12976 3/7/2022 000537 SO CALIF EDISON FEB 700619156906 32364 OVERLAND 2,010.95 2,010.95 TRL 13198 4/7/2022 014486 VERIZON WIRELESS 2/16-3/15/22 11,679.24 11,679.24 CELLULAR/BROADBAN D:CITYW I DE 13220 4/11/2022 006887 UNION BANK OF CALIFORNIA 010724 TOWN & COUNTRY RESORT LODGING: CONF: CA EMERGENCY 213.19 213.19 HOTEL, DBA: ATLAS HOTELS SVCS 13221 4/11/2022 006887 UNION BANK OF CALIFORNIA 022881 THE PHOTOBOOTH GUY DEP: PHOTO BOOTH RENTAL: STATE 200.00 OF THE 001264 COSTCO TEMECULA 491 RFRSHMNTS: CITY CNCL MTGS 71.98 001264 COSTCO TEMECULA 491 RFRSHMNTS: CITY CNCL MTGS 69.34 008669 VONS RFRSHMNTS: CITY CNCL MTGS 39.13 380.45 13225 4/11/2022 006887 UNION BANK OF CALIFORNIA 022860 EXTENDED STAYAMERICA LODGING: MOTORCYCLE TRAINING: 1,689.97 POLICE 022860 EXTENDED STAYAMERICA LODGING: MOTORCYCLE TRAINING: -693.87 996.10 POLICE 13226 4/11/2022 006887 UNION BANK OF CALIFORNIA 022853 IMOVR REFUND: OFC SUPPLY: INFO TECH -204.45 019967 MISAC CERTIFICATION REGIST: PMP: INFO 1,150.00 TECH 021799 WETRANSFER SFTWR RENEWAL: INFO TECH 120.00 1,065.55 Page:1 apChkLst Final Check List Page: 2 05/12/2022 3:52:45PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid 13227 4/11/2022 006887 UNION BANK OF CALIFORNIA 009612 BJS RESTAURANTS INC RFRSHMNTS: CITY CNCL MTG 03/08 320.92 000254 PRESS ENTERPRISE ONLINE SUBSCRIPTION: CITY CLERK 14.00 COMPANY INC 020419 CHIPOTLE - CORP OFC RFRSHMNTS: CITY CNCL MTG 02/22 240.75 000912 CITY CLERKS ASSN OF CALIF CONF REGISTRATION: CITY CLERK 450.00 000912 CITY CLERKS ASSN OF CALIF CONF REGISTRATION: CITY CLERK 450.00 006937 SOUTHWEST AIRLINES AIRFARE: CONFERENCE: CITY CLERK 190.97 006937 SOUTHWEST AIRLINES AIRFARE: CONFERENCE: CITY CLERK 182.96 005531 FRONT STREET BAR & GRILL RFRSHMNTS: CITY CNCL MTG 02/08/22 271.88 DBA, BAILY WINE COUNTRY CAFE 13228 4/11/2022 006887 UNION BANK OF CALIFORNIA 018925 MEMORABLE BITES LLC, DBA RFRSHMNTS: CAPTAIN'S MTG 02/22 364.76 FIREHOUSE SUBS 001264 COSTCO TEMECULA 491 CAMERAS: GO PROS FOR ENGINES: 739.48 FIRE 018925 MEMORABLE BITES LLC, DBA RFRSHMTS: FUNERAL ARRANGEMENT 584.79 FIREHOUSE SUBS MTG: FIRE 017736 FEAST CALIFORNIA CAFE LLC, RFRSHMNTS: CAPTAIN'S MTG 03/02 568.27 DBA CORNER BAKERY CAFE 013338 APPLE STORE ADDITIONAL PHONE STORAGE: FIRE 0.99 DEPT 019498 SMARTSIGN SIGN: BATHROOM: FIRE STA 92 -45.59 019498 SMARTSIGN SIGN: BATHROOM: FIRE STA 92 45.59 OVER THE LIMIT FEE: FIRE DEPT 35.00 Check Total 2,121.48 2,293.29 Paget apChkLst Final Check List Page: 3 05/12/2022 3:52:45PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid 13230 4/11/2022 006887 UNION BANK OF CALIFORNIA 013338 APPLE STORE APPLICATIONS: SOUND & LIGHTING: 29.99 THEATER 013338 APPLE STORE APPLICATIONS: SOUND & LIGHTING: 19.99 THEATER 015354 FACEBOOK.COM ADV BOOST: AROUND & ABOUT 18.00 TEMECULA 013338 APPLE STORE APPLICATIONS: SOUND & LIGHTING: 39.99 THEATER 008791 EL POLLO LOCO RFRSHMNTS: HOSPITALITY: THEATER 38.40 010885 BIRCH AQUARIUM AT SCRIPPS ADMISSION TICKETS: MPSC: SENIOR 283.30 INST, OF OCEANOGRAPHY/UC EXCURSIO S.D. 021896 JP HANDMADE CORP, DBA BUSINESS CARDS: TCSD 279.13 MINUTEMAN PRESS 008791 EL POLLO LOCO RFRSHMNTS: HOSPITALITY: THEATER 54.75 012085 ISTOCK INT'L INC. SUBSCRIPTION: PROMO IMAGES: 120.00 TCSD 017443 OPERATING CO.LLC RFRSHMNTS: HOSPITALITY: THEATER 117.97 MED.CUISINE, DBA: DAPHNE'S CALIFORNIA 022885 MICROSOFT STORE MICROSOFT 365 SUBSCRIPTION: 99.99 THEATER 015354 FACEBOOK.COM ADV BOOST: AROUND & ABOUT 3.72 TEMECULA 020792 CANVA.COM SUBSCRIPTION: TCSD 12.99 020792 CANVA.COM SUBSCRIPTION: TCSD 12.99 015354 FACEBOOK.COM ADV BOOST: AROUND & ABOUT 10.28 TEMECULA 022886 SEE TICKETS ADMISSION TICKETS: MPSC: SENIOR 347.01 EXCURSIO 006952 PAYPAL VERISIGN PAYFLOW PRO 270.10 TRANSACTION 020886 NETFLIX.COM MONTHLY CHARGE FOR SVC: CRC 9.99 TEEN ROOM 007177 MACARONI GRILL RFRSHMNTS: HOSPITALITY: THEATER 254.47 020249 LAUND3R.COM LLC LAUNDRY SVC: ACE/TVM: TCSD 158.60 003520 AMERICAN SOCIETY OF USER LICENSE FEE: TCSD 1,248.00 COMPOSERS, AUTHORS & PUBLISHERS 13236 4/14/2022 000194 I C M A RETIREMENT -PLAN ICMA-RC RETIREMENT TRUST 457 17,014.83 303355 PAYMENT 13237 4/14/2022 000444 INSTATAX (EDD) STATE TAX PAYMENT 32,155.89 Check Total 3,429.66 17,014.83 32,155.89 Page:3 apChkLst 05/12/2022 3:52:45PM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 13238 4/14/2022 000283 INSTATAX (IRS) FEDERAL TAX PAYMENT 99,490.64 99,490.64 13239 4/14/2022 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT 14,047.21 14,047.21 SOLUTION 13243 4/28/2022 000246 PERS (EMPLOYEES' PERS RETIREMENT PAYMENT 122,139.80 122,139.80 RETIREMENT) 13269 4/14/2022 018858 FRONTIER CALIFORNIA INC APR INTERNET SVCS - EOC 154.77 154.77 13271 4/15/2022 010276 TIME WARNER CABLE APR INTERNET SVCS 40820 5.32 5.32 WINCHESTER RD 13272 4/15/2022 018858 FRONTIER CALIFORNIA INC APRIL INTERNET SVCS: CITY HALL 335.51 335.51 13277 4/18/2022 010276 TIME WARNER CABLE APR INTERNET SVCS 28816 PUJOL ST 602.01 602.01 13278 4/18/2022 010276 TIME WARNER CABLE APR INTERN ET SVCS 41000 MAIN ST 1,135.37 1,135.37 13281 4/19/2022 018858 FRONTIER CALIFORNIA INC APR INTERNET SVCS: LIBRARY 5.31 5.31 13282 4/19/2022 018858 FRONTIER CALIFORNIA INC APR INTERNET SVCS: LIBRARY 5.31 5.31 13283 4/19/2022 001212 SO CALIF GAS COMPANY MAR 098-255-9828-8 29119 MARGARITA 13.32 13.32 RD 13295 4/20/2022 010276 TIME WARNER CABLE APR INTERNET SVCS 41000 MAIN ST 297.46 297.46 13299 4/21/2022 018858 FRONTIER CALIFORNIA INC APR INTERNET SVCS CHILDREN'S 130.98 130.98 MUSEUM 13325 4/26/2022 000246 PERS (EMPLOYEES' REPLACEMENT BENEFIT FUND 10,516.77 10,516.77 RETIREMENT) CONTRIBUTION 13349 4/28/2022 005460 U S BANK 2017 TAX ALLOCATION BONDS DEBT 1,514,003.13 1,514,003.13 SRVC PMT 13350 5/5/2022 000166 FIRSTAMERICAN TITLE LAND ACQUISITION: VACANT LAND: 6,920.00 6,920.00 COMPANY TEMECULA 13352 5/5/2022 010276 TIME WARNER CABLE APR INTERNET SVCS 28300 600.91 600.91 MERCEDES ST Page:4 apChkLst 05/12/2022 3:52:45PM Final Check List CITY OF TEMECULA Page: 5 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 102119 5/9/2022 022904 WAHED ABDUL, FARIMA REFUND: DUPLICATE PAYMENT 187.10 187.10 INVOICE 109251 208876 5/12/2022 004594 2 HOT UNIFORMS INC PATCHES: TCC: FIRE DEPT 1,505.10 1,505.10 208877 5/12/2022 019628 9 FINGERS INC, DBA PAND P UNIFORMS: PREVENTION: FIRE DEPT 246.69 246.69 UNIFORMS 208878 5/12/2022 022879 A.Y. NURSERY INC URBAN FOREST MGT PLAN: PARKS: 12,495.38 12,495.38 PW 208879 5/12/2022 013387 ADAME LANDSCAPE INC, DBA APR SWEEPING SVC: PRKG 540.00 540.00 SWEEPING UNLIMITED STRUCTURE 208880 5/12/2022 001517 AETNA BEHAVIORAL HEALTH JUN EMPLOYEE ASSISTANCE PRGM: 1,196.80 1,196.80 LLC, DBAAETNA RESOURCES HR 208881 5/12/2022 003552 AFLAC PREMIUM HOLDING, AFLAC ACCIDENT INDEMNITY 3,325.34 C/O BNB BANK LOCKBOX PAYMENT AFLAC ACCIDENT INDEMNITY PAYM 3,325.34 6,650.68 208882 5/12/2022 007282 AMAZON CAPITAL SERVICES SUPPLIES: STATE OF THE CITY: 162.66 162.66 INC COUNCIL 208883 5/12/2022 017149 B G P RECREATION INC TCSD INSTRUCTOR EARNINGS 5,040.00 5,040.00 208884 5/12/2022 011954 BAKER AND TAYLOR INC BOOK COLLECTIONS: RHRPTL: TCSD 478.67 BOOK COLLECTIONS: RHRPTL: TCS 91.66 BOOK COLLECTIONS: RHRPTL: TCS 60.50 BOOK COLLECTIONS: RHRPTL: TCS 52.33 BOOK COLLECTIONS: RHRPTL: TCS 38.39 BOOK COLLECTIONS: RHRPTL: TCS 18.95 740.50 208885 5/12/2022 006254 BALLET FOLKLORICO, AKA TCSD INSTRUCTOR EARNINGS 918.40 918.40 LORENA HANCOCK 208886 5/12/2022 003138 CAL MAT, DBA VULCAN ASPHALT SUPPLIES: STREET MAINT: 1,077.97 1,077.97 MATERIALS CO PW 208887 5/12/2022 000647 CALIF DEPT OF CONSUMER PROF LICENSE RENEWAL: PW 180.00 180.00 AFFAIRS 208888 5/12/2022 021054 CANTRELL, TINA J TCSD INSTRUCTOR EARNINGS 315.00 315.00 208889 5/12/2022 013379 COSSOU, CELINE TCSD INSTRUCTOR EARNINGS 630.00 630.00 Page:5 apChkLst 05/12/2022 3:52:45PM Final Check List CITY OF TEMECULA Page: 6 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 208890 5/12/2022 017038 CPS HR CONSULTING Reclassification Study per Agreement 5,125.00 5,125.00 208891 5/12/2022 020891 DEQUINCY, PETER TRAINING WKSHP 5/21-22 : AQUATICS: 3,600.00 3,600.00 TCSD 208892 5/12/2022 000395 ECONOMIC DEVELOPMENT ED SPONSORSHIP FUNDING PER MOU 30,000.00 30,000.00 CORP, OF SW CALIFORNIA (EDC) 208893 5/12/2022 013430 ENERSPECT MEDICAL AED SUPPLIES: MEDIC: FIRE DEPT 1,971.15 1,971.15 SOLUTIONS 208894 5/12/2022 017432 EYEMED VISION CARE VISION PLAN PAYMENT 1,668.31 1,668.31 208895 5/12/2022 000165 FEDERAL EXPRESS INC EXP MAIL SVCS: DIAZ RD EXPANSION 11.07 EXPRESS MAIL SVCS: CITY MGR OF 7.54 18.61 208896 5/12/2022 022610 FLOCK GROUP INC, DBA LICENSE PLATE RECOGNITION 5,500.00 5,500.00 FLOCK SAFETY SYSTEM: POLICE 208897 5/12/2022 002982 FRANCHISE TAX BOARD KRACH, BREE - CASE# 603016103 10.88 KRACH, BREE - CASE# 603016103 787.08 797.96 208898 5/12/2022 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 50.00 50.00 208899 5/12/2022 022857 GUEST COMMUNICATIONS Vinyl Guides 2,560.67 2,560.67 CORP, GCC 208900 5/12/2022 000186 HANKS HARDWARE INC MISC MAINT SUPPLIES: PARKS: PW 3,032.83 3,032.83 208901 5/12/2022 013749 HELIXSTORM INC IT INFRASTRUCTURE SUPPORT: INFO 787.50 787.50 TECH 208902 5/12/2022 003198 HOME DEPOT MISC HARDWARE SUPPLIES: CIVIC 544.14 CTR MISC HARDWARE SUPPLIES: TCC 122.25 666.39 208903 5/12/2022 022716 KOEPFLI, TRISTAN H. CUSTOM HELMET PAINT: TEM 350.00 350.00 SHERIFF 208904 5/12/2022 017118 KRACH BREE B, DBA TROPHIES/AWARDS/PLAQUES: TCSD 3,148.31 TEMECULA TROPHY & DES CREDIT: -787.08 2,361.23 208905 5/12/2022 022894 MARTIN, MICHAEL RELEASE CLAIMS AGREEMENT -FINAL 1,290.00 1,290.00 208906 5/12/2022 017427 MATCHETT, VIVIAN TCSD INSTRUCTOR EARNINGS 436.80 436.80 Page:6 apChkLst Final Check List Page: 7 05/12/2022 3:52:45PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid 208907 5/12/2022 021434 MATRIX TELECOM LLC DBA APR 800 SERVICES: CIVIC CENTER 67.48 LINGO 208909 5/12/2022 003076 MET LIFE INSURANCE DENTAL PAYMENT 12,688.32 COMPANY 208910 5/12/2022 014173 NPG INC DBA, GOLDSTAR Asphalt/Concrete Repair:fire station 84 27,250.00 ASPHALT PRODUCTS 208911 5/12/2022 000209 NUTRIEN AG SOLUTIONS INC EQUIPMENT REPAIR: FIRE STA 95 143.38 208912 5/12/2022 003964 OFFICE DEPOT BUSINESS SVS MISC. SMALL TOOLS/EQUIPMENT: EM 217.12 DIV MISC. SMALL TOOLS/EQUIPMENT: E 114.82 MISC. SMALL TOOLS/EQUIPMENT: E 95.66 Office supplies: Emergency Manageme 94.81 Office supplies: Emergency Manageme 89.70 MISC. SMALL TOOLS/EQUIPMENT: E 36.95 MISC. SMALL TOOLS/EQUIPMENT: E 31.73 Office supplies: Emergency Manageme 16.25 208913 5/12/2022 005820 PRE -PAID LEGAL SERVICES PREPAID LEGAL SERVICES PAYMENT 244.20 INC, DBA LEGALSHIELD 208914 5/12/2022 005075 PRUDENTIAL OVERALL SUPPLY UNIFORM SVCS: STREET MAINT: PW 325.75 208915 5/12/2022 020127 QUINN COMPANY 208916 5/12/2022 001364 RCP BLOCK & BRICK INC BACKUP GENERATOR & ATS: PW21-08 3,275.55 GENERATOR PM SVC: WEST WING: 1,164.20 GENERATOR PM SVC: TVE2 936.67 MASONRY SUPPLIES: VARIOUS PARKS 87.08 Check Total 67.48 W41.1-I:19M 27,250.00 143.38 697.04 244.20 325.75 5,376.42 87.08 208917 5/12/2022 020177 RAIN DROP PRODUCTS, LLC SPLASH PAD PARTS: MARGARITA 5,000.00 5,000.00 PARK 208918 5/12/2022 014710 RIVERSIDE CO REG PRK OPN Summer Day Camp Excursion: CRC 125.00 125.00 SPACE, DIST/SANTA ROSA PLATEAU 208919 5/12/2022 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY SVCS: CITY CNCL 220.00 PRESTON PHOTOGRAPHY SVCS: HUMAN SVC 170.00 390.00 208920 5/12/2022 017113 SCHOLASTIC INC EDUCATION MISC BOOKS: RHRTPL - TCSD 20.38 MISC BOOKS: RHRTPL: TCSD 16.30 MISC BOOKS: RHRTPL: TCSD 15.00 51.68 208921 5/12/2022 020545 SOCIAL WORK ACTION GROUP MAR HOMELESS OUTREACH 33,459.40 33,459.40 SVCS:TCSD Page:7 apChkLst Final Check List Page: 8 05/12/2022 3:52:45PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 208922 5/12/2022 000519 SOUTH COUNTY PEST PEST CONTROL SVCS: TCC 123.00 CONTROL INC PEST CONTROL SVCS: CIVIC CTR 120.00 PEST CNTRL SVCS: PARKS 95.00 PEST CONTROL SVCS: CRC 90.00 PEST CONTROL SVCS: STA 95: FIRE 80.00 PEST CNTRL SVCS: TVE2 56.00 PEST CNTRL SVCS: WEST WING 40.00 PEST CNTRL SVCS: HISTORY MUSE 32.00 636.00 208924 5/12/2022 007762 STANDARD INSURANCE BASIC LIFE INSURANCE PAYMENT 9,967.45 9,967.45 COMPANY 208925 5/12/2022 012723 STANDARD INSURANCE VOLUNTARY SUPP LIFE INSURANCE 1,197.58 1,197.58 COMPANY PAYMENT 208926 5/12/2022 008337 STAPLES BUSINESS CREDIT MISC OFC SUPPLIES: ADMIN: TCSD 75.37 MISC OFFICE SUPPLIES: ADMIN - T( 64.99 MISC OFC SUPPLIES: LIBRARY: TCS 37.17 MISC OFFICE SUPPLIES: ADMIN - T( 13.04 MISC OFC SUPPLIES: LIBRARY: TCS 9.23 199.80 208927 5/12/2022 017814 STC TRAFFIC INC CONSTRUCTION SUPPORT SVCS: 33,915.00 FIBER OPTIC S INTERSECTION CONTROL & OPS E� 1,390.00 35,305.00 208928 5/12/2022 001547 TEAMSTERS LOCAL 911 UNION MEMBERSHIP DUES PAYMENT 4,940.22 4,940.22 208929 5/12/2022 021361 TELECOM LAW FIRM PC LEGAL SRVCS: PALOMA DEL SOL 156.00 156.00 PARK: PLANNI 208930 5/12/2022 005460 US BANK TRUSTEE ADMIN FEES: '17 BONDS 3,740.00 ACCOUNT ANALYSIS: FINANCE 875.00 4,615.00 208931 5/12/2022 020963 UPTOWN TEMECULAAUTO SPA FEB & MAR VEHICLE DETAILING 124.00 124.00 LLC SVCS:FIRE 208932 5/12/2022 007987 WALMART REC SUPPLIES: CRC: TCSD 279.37 REC SUPPLIES: CRC: TCSD 85.06 364.43 208933 5/12/2022 001342 WAXIE SANITARY SUPPLY INC CLEANING SUPPLIES: VARIOUS 2,012.47 2,012.47 FACILITIES: P Grand total for UNION BANK: 2,118,373.69 Page:8 apChkLst Final Check List Page: 9 05/12/2022 3:52:45PM CITY OF TEMECULA 86 checks in this report. Grand Total All Checks: 2,118,373.69 Page:9 apChkLst Final Check List Page: 1 05/17/2022 11:11:37AM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor Description Amount Paid Check Total 502313 5/19/2022 009374 ALLEGRO MUSICAL VENTURES PIANO TUNING/MAINT: THEATER 425.00 425.00 DBA, ALLEGRO PIANO SERVICE 502314 5/19/2022 013015 ALWAYS RELIABLE BACKFLOW, BACKFLOW TESTING: SLOPES: PW 945.00 AKA NANETTE SEMAN BACKFLOW REPAIRS: SLOPES: PW 940.00 BACKFLOW TESTING: SLOPES: PW 918.00 BACKFLOW TESTING: SLOPES: PW 297.00 BACKFLOW REPAIRS: SLOPES: PW 260.00 BACKFLOW TESTING: MEDIANS: PV\ 260.00 BACKFLOW TESTING: MEDIANS: PV\ 135.00 BACKFLOW REPAIRS: SLOPES: PW 2,240.00 5,995.00 502315 5/19/2022 021670 ANLIND OF TEMECULA INC, MOTORCYCLE REPAIR/MAINT: TEM 641.81 TEMECULA HARLEY-DAVIDSON SHERIFF MOTORCYCLE REPAIR/MAINT: TEM 1,416.89 MOTORCYCLE REPAIR/MAINT: TEM 554.18 MOTORCYCLE REPAIR/MAINT: TEM 491.38 MOTORCYCLE REPAIR/MAINT: TEM 365.66 MOTORCYCLE REPAIR/MAINT: TEM 348.07 MOTORCYCLE REPAIR/MAINT: TEM 43.88 MOTORCYCLE REPAIR/MAINT: TEM 43.76 MOTORCYCLE REPAIR/MAINT: TEM 43.76 MOTORCYCLE REPAIR/MAINT: TEM 37.37 3,986.76 502316 5/19/2022 013950 AQUA CHILL OF SAN DIEGO MAY DRINKING WTR SYS MAINT: 67.34 67.34 AQUATICS 502317 5/19/2022 022651 BRAND ASSASSINS CITYWIDE BANNER PROGRAM: ECON 310.42 310.42 DEV 502318 5/19/2022 004248 CALIF DEPT OF MAR BLOOD & ALCOHOL ANALYSIS: PD 910.00 JUSTICE-ACCTING JAN BLOOD & ALCOHOL ANALYSIS: 35.00 945.00 502319 5/19/2022 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: TCSD 819.99 FUEL FOR CITY VEHICLES: FIRE DEI 274.46 1,094.45 502320 5/19/2022 022726 FORENSIC NURSING OF SART EXAM: TEM SHERIFF 1,200.00 SOCAL INC SART EXAM: TEM SHERIFF 550.00 1,750.00 502321 5/19/2022 014865 FREIZE UHLER KIMBERLY DBA, STAFF UNIFORMS: CITY CLERK 430.49 430.49 CLEAR BLUE PROMOTIONS 502322 5/19/2022 000177 GLENNIES OFFICE PRODUCTS MISC OFC SUPPLIES: FIRE STA 12 204.34 INC MISC OFC SUPPLIES: FIRE STA 95 195.72 MISC OFC SUPPLIES: INFO TECH 35.13 MISC OFC SUPPLIES: FIRE STA 12 16.30 451.49 Page:1 apChkLst 05/17/2022 11:11:37AM Final Check List CITY OF TEMECULA Page: 2 Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 502323 5/19/2022 001135 HEALTHPOINTE MEDICAL MEDICAL SCREENINGS: HR 80.00 80.00 GROUP INC, DBA: FIRST CARE INDUSTRIA 502324 5/19/2022 012883 JACOB'S HOUSE INC EMPLOYEE CHARITY DONATIONS 40.00 40.00 PAYMENT 502325 5/19/2022 003726 LIFE ASSIST INC EMERGENCY MEDICAL SUPP: MEDIC: 18.62 18.62 FIRE 502326 5/19/2022 022664 MARIPOSATREE TREE TRIMMING: SIGNET SERIES 12,621.00 MANAGEMENT INC SLOPE TREE TRIMMING: PARKS & MEDIAN: 11,078.00 TREE TRIMMING: WOODCREST COL 7,254.00 TREE REMOVAL: FIRE STA#95 5,850.00 TREE TRIMMING: CITY RIGHT-OF-W, 1,904.00 TREE TRIMMING: CITY RIGHT-OF-W, 1,496.00 TREE TRIMMING: MEADOWVIEW SL 837.00 TREE TRIMMING: EMERGENCY SLO 642.00 TREE TRIMMING: CITY RIGHT-OF-W 435.00 42,117.00 502327 5/19/2022 002925 NAPAAUTO PARTS AUTO PARTS SUPPLIES: MEDIC: FIRE 70.11 70.11 DEPT 502328 5/19/2022 021121 OCCUPATIONAL HEALTH CTR MEDICAL SCREENINGS: HR 87.00 87.00 OF CA, DBA CONCENTRA MEDICAL CTR 502329 5/19/2022 008871 ORIGINAL WATERMEN INC LIFEGUARD UNIFORMS: CRC: 4,999.74 4,999.74 AQUATICS 502330 5/19/2022 012904 PRO ACTIVE FIRE DESIGN AND, APRIL PLAN REVIEW SVCS: FIRE PREV 13,998.20 13,998.20 CONSULTING 502331 5/19/2022 022537 REFRIGERATION SUPPLIES, MISC PARTS: FIRE STA 73 210.79 DISTRIBUTOR HVAC SUPPLIES: FIRE STA95 73.43 284.22 502332 5/19/2022 003591 RENES COMMERCIAL CLEAN-UP SERVICES: SPECIAL 8,975.00 8,975.00 MANAGEMENT EVENTS 502333 5/19/2022 009746 SIGNS BY TOMORROW MISC SIGNAGE: SPECIAL EVENTS: 2,152.06 2,152.06 TCSD 502334 5/19/2022 014783 SOFTRESOURCES, LLC APR CONSULTING:FINANCIAL SYS 2,728.75 2,728.75 UPGRADE MUN 502335 5/19/2022 003840 STRONG'S PAINTING PAINTING SVC: FIRE STA 73 1,275.00 1,275.00 Paget apChkLst Final Check List Page: 3 05/17/2022 11:11:37AM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 502336 5/19/2022 021580 TOWNSEND PUBLIC AFFAIRS MAY STATE LEGISLATIVE CONSULTING 6,000.00 6,000.00 INC AND GRA 502337 5/19/2022 011351 TRITECH SOFTWARE SYSTEMS MANAGE & IMPLEMENT OF SFTWRE: 2,700.00 INFO TECH 10/17-10/23 REPORT WRITING: INFO 1,800.00 MANAGE & IMPLEMENT OF SFTWRE 1,650.00 10/24-10/30 REPORT WRITING: INFO 600.00 6,750.00 502338 5/19/2022 009101 VISION ONE INC, DBA APR SHOWARE TICKETING SVCS: 1,913.00 1,913.00 ACCESSO THEATER Grand total for EFT UNION BANK: 106,944.65 Page:3 apChkLst Final Check List Page: 4 05/17/2022 11:11:37AM CITY OF TEMECULA 26 checks in this report. Grand Total All Checks: 106,944.65 Page:4 apChkLst 05/19/2022 3:07:09PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK Check # Date Vendor Description Amount Paid Check Total 13235 4/14/2022 021301 1 C M A RETIREMENT -PLAN ICMA- 401(A) RETIREMENT PLAN 384.62 384.62 106474 PAYMENT 13240 4/14/2022 019088 NATIONWIDE RETIREMENT NATIONWIDE LOAN REPAYMENT 344.39 344.39 SOLUTION PAYMENT 13241 4/14/2022 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT 2,985.42 2,985.42 SOLUTION PAYMENT 13270 4/14/2022 001212 SO CALIF GAS COMPANY MAR 117-188-6393-6: 32131 S LOOP RD 295.18 295.18 13301 4/22/2022 018858 FRONTIER CALIFORNIA INC APR INTERNET SVCS EXTERNAL DMV 100.98 100.98 LINE 13311 4/26/2022 001212 SO CALIF GAS COMPANY MAR 015-575-0195-2: 32211 WOLF 168.13 168.13 VALLEY RD 13313 4/28/2022 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT 411.17 411.17 SUPPORT 13314 4/28/2022 021301 1 C M A RETIREMENT -PLAN ICMA- 401(A) RETIREMENT PLAN 384.62 384.62 106474 PAYMENT 13315 4/28/2022 000194 1 C M A RETIREMENT -PLAN ICMA-RC RETIREMENT TRUST 457 14,923.26 14,923.26 303355 PAYMENT 13316 4/28/2022 000444 INSTATAX (EDD) STATE TAX PAYMENT 32,147.87 32,147.87 13317 4/28/2022 000283 INSTATAX (IRS) FEDERAL TAX PAYMENT 98,153.37 98,153.37 13318 4/28/2022 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT 12,766.85 12,766.85 SOLUTION 13319 4/28/2022 019088 NATIONWIDE RETIREMENT NATIONWIDE LOAN REPAYMENT 315.99 315.99 SOLUTION PAYMENT 13320 4/28/2022 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT 2,803.28 2,803.28 SOLUTION PAYMENT 13321 4/28/2022 000246 PERS (EMPLOYEES' PERS RETIREMENT PAYMENT 122,140.11 122,140.11 RETIREMENT) 13322 4/26/2022 000444 INSTATAX (EDD) 1ST QTR 2022 UI & ETT PAYMENT 17,195.82 17,195.82 Page:1 apChkLst 05/19/2022 3:07:09PM Final Check List CITY OF TEMECULA Page: 2 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 13351 5/5/2022 018858 FRONTIER CALIFORNIA INC APRIL INTERNET SVCS: STATION 73 171.84 171.84 13402 5/10/2022 001212 SO CALIF GAS COMPANY APR 095-167-7907-2: 30650 PAUBA RD 189.64 189.64 13410 5/12/2022 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT 565.96 565.96 SUPPORT 13411 5/12/2022 017429 COBRAADVANTAGE INC, DBA FSA REIMBURSEMENT PAYMENT 23,560.84 23,560.84 THE ADVANTAGE GROUP 13412 5/12/2022 021301 I C M A RETIREMENT -PLAN ICMA- 401(A) RETIREMENT PLAN 384.62 384.62 106474 PAYMENT 13413 5/12/2022 000194 I C M A RETIREMENT -PLAN ICMA-RC RETIREMENT TRUST 457 19,627.83 19,627.83 303355 PAYMENT 13414 5/12/2022 000444 INSTATAX (EDD) STATE TAX PAYMENT 34,029.27 34,029.27 13415 5/12/2022 000283 INSTATAX (IRS) FEDERAL TAX PAYMENT 102,418.63 102,418.63 13416 5/12/2022 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT 15,287.21 15,287.21 SOLUTION 13417 5/12/2022 019088 NATIONWIDE RETIREMENT NATIONWIDE LOAN REPAYMENT 315.99 315.99 SOLUTION PAYMENT 13418 5/12/2022 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT 3,266.30 3,266.30 SOLUTION PAYMENT 13419 5/12/2022 000245 PERS - HEALTH INSUR PERS HEALTH PAYMENT 157,081.62 157,081.62 PREMIUM 208934 5/17/2022 002185 U S POSTAL SERVICE POSTAGE: SUMMER/FALL 8,650.08 8,650.08 BROCHURES:TCSD 208935 5/19/2022 021358 EMPLOYEE 00532 REIMB: DCA LICENSE 180.00 180.00 208936 5/19/2022 010905 ALLIED TRAFFIC & LIGHT TOWER RENTAL: SPEC EVENTS: 1,320.00 1,320.00 EQUIPMENT, RENTALS INC TCSD Paget apChkLst Final Check List Page: 3 05/19/2022 3:07:09PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 208937 5/19/2022 007282 AMAZON CAPITAL SERVICES BUSINESS PRIME MEMBERSHIP: 1,412.66 INC FINANCE CREDIT MEMO: MISC BOOKS: RHRT -2.20 SMALL TOOLS & EQUP: MPSC 51.02 MISC BOOKS: RHRTPL: TCSD 27.13 MISC SUPPLIES: ACE- TCSD 34.79 VEHICLE TOOL BOXES: PUBLIC WOI 1,811.97 MISC SUPPLIES: ECO DEV 31.38 MISC SUPPLIES: TVM: TCSD 32.61 MISC SUPPLIES: CRC: TCSD 53.59 MISC BOOKS:RHRTPL: TCSD 586.96 MISC BOOKS: RHRTPL: TCSD 286.25 MISC SUPPLIES: MPSC: TCSD 422.56 MISC BOOKS:RHRTPL: TCSD -0.11 MISC SUPPLIES: ECO DEV 34.37 MISC SUPPLIES ARBOR DAY: PARK: 157.71 MISC BOOKS: RHRTPL: TCSD 261.92 MISC SUPPLIES: HUMAN SVCS: TCE 99.75 MISC OFC SUPPLIES: EOC 321.86 MISC OFC SUPPLIES: BLDG & SAFE' 91.83 MISC BOOKS: RHRTPL: TCSD 54.54 MISC BOOKS: RHRTPL: TCSD 436.60 MISC SUPPLIES: SPEC EVENTS: TC; 212.55 MISC SUPPLIES/EQUIPMENT: TCSD 629.63 MISC BOOKS: RHRTPL: TCSD 171.63 CREDIT MEMO: MISC OFC SUPPLIEf -28.34 MISC SUPPLIES: ARBOR DAY: PARK 57.73 7,250.39 208938 5/19/2022 011954 BAKER AND TAYLOR INC BOOK COLLECTIONS: RHRPTL: TCSD 396.64 BOOK COLLECTIONS: RHRPTL: TCS 33.45 BOOK COLLECTIONS: RHRPTL: TCS 10.84 BOOK COLLECTIONS: RHRPTL: TCS 319.89 BOOK COLLECTIONS: RHRPTL: TCS 854.42 BOOK COLLECTIONS: RHRPTL: TCS 46.51 1,661.75 208939 5/19/2022 015592 BAMM PROMOTIONAL STAFF UNIFORMS: TCSD 1,225.37 1,225.37 PRODUCTS INC 208940 5/19/2022 001323 BLUETRITON BRANDS INC, 03/15-04/14 WTR DLVRY SVCS: TVE2 78.48 78.48 DBA READYREFRESH 208941 5/19/2022 011348 BON COR WATER SYSTEMS 4/28-5/25 WTR FILTER: FIRE STA 73 297.50 297.50 LLC, DBA SUNSHINE WATER SOFT 208942 5/19/2022 008013 EMPLOYEE 00169 REIMB: AIRFARE: TYLER 571.46 571.46 CONFERENCE Page:3 apChkLst 05/19/2022 3:07:09PM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 208943 5/19/2022 001054 CALIF BUILDING OFFICIALS, CALBO WEBINAR: CODE ENF 70.00 70.00 (CALBO) 208944 5/19/2022 021851 CALIF NEWSPAPERS APR PUBLIC NTC ADS: CITY CLERK 1,007.30 1,007.30 PARTNERSHIP, DBA SO CALIF NEWS GROUP 208945 5/19/2022 022896 CAREERS IN GOVERNMENT MEMBERSHIP DUES: DIVERSITY PRGM 3,300.00 3,300.00 INC 208946 5/19/2022 009640 CERTIFION CORP DBA APR ONLINE DATABASE SUBSCR: 200.00 200.00 ENTERSECT POLICE 208947 5/19/2022 016446 CHRISTIAN STITCHERY INC, SPORTS AWARDS: SPORTS: TCSD 248.55 248.55 DBA SO CAL IMPRESSIONS 208948 5/19/2022 021230 CONSOLIDATED ELECTRICAL WRCOG STREET LIGHT 10,179.00 DISTR, DBA CALIF ELECTRIC IMPLEMENTATION SUPPLY WRCOG STREET LIGHT IMPLEMENT 15,632.81 25,811.81 208949 5/19/2022 021230 CONSOLIDATED ELECTRICAL SMALL TOOLS: TRAFFIC MAINT: PW 554.63 DISTR, DBA CALIF ELECTRIC SUPPLY WRCOG STREET LIGHT IMPLEMENT 2,707.88 3,262.51 208950 5/19/2022 011922 CORELOGIC INC, DBA APR PROP ID SFTWR: CODE 262.50 262.50 CORELOGIC SOLUTIONS ENFORCEMENT 208951 5/19/2022 004329 COSTCO TEMECULA491 RECREATION SUPPLIES: MPSC: TCSD 584.90 MISC SUPPLIES/EQUIPMENT: RHRT 900.93 MISC SUPPLIES: TVM/ACE: TCSD 72.40 RECREATION SUPPLIES: MPSC: TC: 45.62 1,603.85 208952 5/19/2022 001233 DANS FEED AND SEED INC MISC SUPPLIES: STREET MAINT: PW 29.07 29.07 208953 5/19/2022 013430 ENERSPECT MEDICAL AED SUPPLIES: MEDIC: FIRE DEPT 3,891.30 3,891.30 SOLUTIONS 208954 5/19/2022 021859 EXP US SERVICES INC CONSULT SVCS: SANTA GERTRUDIS 6,133.29 6,133.29 CRK TRAIL 208955 5/19/2022 000165 FEDERAL EXPRESS INC EXP MAIL SVCS: TRAFFIC DIV: PW 4.75 EXPRESS MAIL SVCS: TCSD 14.26 EXP MAIL SVCS: TRAFFIC: PW 17.63 36.64 208956 5/19/2022 009097 FULL COMPASS SYSTEMS SOUND/LIGHTING SUPPLIES: THEATER 1,148.63 1,148.63 208957 5/19/2022 016184 FUN EXPRESS LLC VAR CRAFT KITS/SUP/DECOR: SKIP 639.16 639.16 PGRM Page:4 apChkLst 05/19/2022 3:07:09PM Bank: union UNION BANK Check # Date Vendor 208958 5/19/2022 014100 GODS FAN CLUB, DBA PROJECT TOUCH 208959 5/19/2022 019177 GOSCH FORD TEMECULA 208960 5/19/2022 000186 HANKS HARDWARE INC 208961 5/19/2022 003198 HOME DEPOT Final Check List CITY OF TEMECULA (Continued) Description Amount Paid CDBG: RENTAL ASSISTANCE: WATSON 1,323.50 11'/:laIs] 4:8CIA ZT-11I:4:z.]IlieI:w--119:00 MISC SUPPLIES: TVM: TCSD MISC EQUIP/SUPPLIES: SPORTS TC MISC HRDWR SUPPLIES: CRC MISC HRDWR SUPPLIES: STREET M MISC MAINT SUPPLIES: OLD TOWN MISC MAINT SUPPLIES: TCC MISC MAINT SUPPLIES: AQUATICS MISC MAINT SUPPLIES: THEATER MISC MAINT SUPPLIES: MPSC MISC HRDWR SUPPLIES: VARI FIRE MISC SMALL TOOLS & EQUIP: NPDE MISC SUPPLIES: FIRE STA 12 208962 5/19/2022 021180 INTUIPLAN LLC, DBAJOLT SCHEDULING SFTWR: PROJECT STAFF: TCSD 208963 5/19/2022 018352 JAMES ELLIOTT PERF: PETTY AND THE ENTERTAINMENT HEARTSHAKERS 5/27 208964 5/19/2022 020893 JEFF KATZ ARCHITECTURAL DESIGN SVCS: CRC SPLASH PAD: CORP PW21-07 DESIGN SVCS: CRC SPLASH PAD: P 208965 5/19/2022 021896 JP HANDMADE CORP, DBA BUSINESS CARDS: PREVENTION: FIRE MINUTEMAN PRESS DEPT 208966 5/19/2022 022770 KEY BUSINESS SOLUTIONS, PACKAGE TRACKING:CENTRAL SVCS DBA QTRAK 208967 5/19/2022 001091 KEYSER MARSTON CONSULT SVC: RENDEZVOUS APTS ASSOCIATES INC PA20-1325 208968 5/19/2022 017118 KRACH BREE B, DBA TROPHIES/AWARDS/PLAQUES: TCSD TEMECULA TROPHY & DES NAME BADGES: COMMUNITY SVCS CREDIT: SE 6 TROPHIES/AWARDS/PLAQUES: TCS DIAS NAME PLATE: FINANCE 208969 5/19/2022 013797 LA JOLLA BOOKING AGENCY STTLMNT: AMOR PROHIBIDO: SELENA AKA, GEORGE ANDREW NAGLE 05/05/22 79.37 383.29 118.72 431.25 528.68 17.92 1,481.53 13.52 337.70 675.92 36.95 96.22 2,159.76 2,500.00 5,857.50 25,382.50 329.29 2,495.00 3,155.63 29.36 43.50 -10.88 29.91 41.33 7,324.33 Page: 5 Check Total 1,323.50 703.90 4,104.85 96.22 2,159.76 2,500.00 31,240.00 329.29 2,495.00 3,155.63 133.22 7,324.33 Page:5 apChkLst 05/19/2022 3:07:09PM Final Check List CITY OF TEMECULA Page: 6 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 208970 5/19/2022 022915 LIU, QIRONG REFUND: MASSAGE APPEAL FEE 2,719.00 2,719.00 DEPOSIT 208971 5/19/2022 003782 MAIN STREET SIGNS, DBA MAST ARM SIGNS: PW 22,627.50 ATHACO INC MAST ARM SIGNS: PW 22,627.50 MAST ARM SIGNS: PW 22,627.50 MAST ARM SIGNS: PW 20,364.75 MAST ARM SIGNS: PW 22,627.50 MAST ARM SIGNS: PW 17,536.31 128,411.06 208972 5/19/2022 013443 MIDWEST TAPE LLC BOOKS ON TAPE: LLIBRARY: 799.64 799.64 208973 5/19/2022 022902 NATIONAL DEMOGRAPHICS CONSULTING SVCS: REDISTRICTING: 42,000.00 42,000.00 INC CITY CLE 208974 5/19/2022 020300 NCBOA, INC BASKETBALL OFFICIATING: SPORTS: 3,556.00 3,556.00 TCSD 208975 5/19/2022 019816 NEW HORIZONS LEARNING Employee training:IT 1,735.00 1,735.00 GROUP 208976 5/19/2022 014173 NPG INC DBA, GOLDSTAR PAVING MAINT: VAR LOCATIONS: 54,450.00 54,450.00 ASPHALT PRODUCTS STREETS: PW 208977 5/19/2022 005075 PRUDENTIAL OVERALL SUPPLY 3/08 UNIFORM RENTAL: PARKS: PW 60.06 3/22 UNIFORM RENTAL: PARKS: PW 60.06 3/01 UNIFORM RENTAL: PARKS: PW 60.06 3/29 UNIFORM RENTAL: PARKS: PW 60.06 3/15 UNIFORM RENTAL: PARKS: PW 60.06 2/08 UNIFORM RENTAL: PARKS: PW 60.06 360.36 208978 5/19/2022 022882 RANGEL NORMA DBA PERF: CINCO DE MAYO 5/5: MPSC 1,000.00 1,000.00 MARIACHI, SONIDOS DE MI TIERRA 208979 5/19/2022 022494 REVZILLA MOTORSPORTS LLC, MOTOR HELMET: TRAFFIC: TEM 727.30 727.30 DBA REVZILLA.COM SHERIFF 208980 5/19/2022 016869 RIGHTWAY SITE SERVICES INC PORTABLE RESTROOM RENTALS: ROD 8,592.88 8,592.88 DBA, RIGHTWAY PORTABLE RUN: TCSD TOILET 208981 5/19/2022 000418 RIVERSIDE CO CLERK AND, CEQACIOTDOPW: CIP 50.00 50.00 RECORDER 208982 5/19/2022 000411 RIVERSIDE CO FLOOD SMR FY 21/22 NPDES PERMIT: PW 559,319.95 559,319.95 CONTROL AND, WATER CONSERVATION DIST Page:6 apChkLst Final Check List Page: 7 05/19/2022 3:07:09PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 208983 5/19/2022 000406 RIVERSIDE CO SHERIFFS DEPT (Continued) Description SART EXAM: POLICE FEB 2022 208984 5/19/2022 001365 RIVERSIDE, COUNTY OF, RENEW PERMIT: T.E.S. POOL ENVIRONMENTAL HEALTH DEPT PLAN SUBMITTAL: PHBSP: SNACK S RENEW PERMIT: SNACK BAR: SAM 1 208985 5/19/2022 022919 EMPLOYEE 00377 REIMB: EMPLOYEE WELLNESS- BIKE TO WORK 208986 5/19/2022 009980 SANBORN GWYNETH A, CO COUNTRY LIVE! @ THE MERC 5/7 TEMECULA MUSIC ACADEMY 208987 5/19/2022 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY SVCS: SECOND SAT: PRESTON TCSD 208988 5/19/2022 000537 SO CALIF EDISON CDBG ASSISTANCE: FARWELL, 208989 5/19/2022 000537 SO CALIF EDISON 208990 5/19/2022 001212 SO CALIF GAS COMPANY 208991 5/19/2022 000519 SOUTH COUNTY PEST CONTROL INC 208992 5/19/2022 019415 STANDARDAND POOR'S FINANCIAL, SERVICES LLC 208993 5/19/2022 013828 STAR WAY SYSTEMS CORP HOWARD CDBG ASSISTANCE: FERNANDEZ, MARIA CDBG ASSISTANCE: FERNANDEZ, MARIA CDBG ASSISTANCE: FARWELL, HOVE PEST CONTROL SVCS: FIRE STA 73 PEST CONTROL SVCS: MRC: PW PEST CONTROL SVCS: CIVIC CTR: F PEST CNTRL SVCS: CHILDREN'S ML PEST CONTROL SVCS: MPSC PEST CONTROL SVCS: FIRE STA 95 PEST CONTROL SVCS: JRC: PW PEST CONTROL SVCS: TPL: PW PEST CONTROL SVCS: CRC PEST CNTRL SVCS: FOC PEST CNTRL SVCS: PARKING GARA PEST CNTRL SVCS: PARKS: PW PEST CONTROL SVCS: TES: PW PEST CONTROL SVCS: TCC: PW ANALYTICAL SVCS: CFD 03-03: WOLF CREEK SOUND TECHNICIAN: ROD RUN 4/29-30 Amount Paid 1,200.00 406.00 474.00 150.00 28.85 11-7-11y84.7 170.00 901.18 577.98 692.60 210.36 68.00 120.00 120.00 36.00 29.00 94.00 74.00 124.00 90.00 52.00 90.00 49.00 59.00 123.00 23,000.00 1,680.00 Check Total 1.200.00 1,030.00 28.85 01.121PR 170.00 901.18 577.98 902.96 1,128.00 23,000.00 1,680.00 Page:7 apChkLst Final Check List Page: 8 05/19/2022 3:07:09PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 208994 5/19/2022 017814 STC TRAFFIC INC MAR TRAF SGNL SYS UPGRADE: HSIP: 5,317.50 5,317.50 PW 19-09 208995 5/19/2022 015648 STEIN ANDREW, DBA PARKINK MISC MERCHANDISE: SPECIAL 823.24 EVENTS:TCSD MISC PROMOTIONAL ITEMS: HUMAP 2,380.63 MISC MERCHANDISE: SPECIAL EVE 5,873.13 9,077.00 208996 5/19/2022 010061 TEMECULA OLIVE OIL PROMO ITEMS: EVENT SPEAKER: 427.30 427.30 COMPANY HUMAN SVCS 208997 5/19/2022 015669 TEMECULA VALLEY BACKFLOW CROSS CONNECTION TESTING: 1,850.00 1,850.00 INC PARKS 208998 5/19/2022 000876 TEMECULA VALLEY BALLOON '22 SPONSORSHIP: BALLOON & WINE 27,000.00 27,000.00 & WINE, FESTIVAL FESTIVAL ASSOCIATION 208999 5/19/2022 000161 TYLER TECHNOLOGIES, INC SOFTWARE AND SVCS: MUNIS: 12,946.50 12,946.50 FINANCE 209000 5/19/2022 011659 ULINE INC EQUIPMENT: EXPLORER: FIRE STA 95 3,699.85 3,699.85 209001 5/19/2022 002702 USPS - POC, FEB '22 POSTAGE METER DEPOSIT 2,388.30 ACCOUNT#8089685 MAR'22 POSTAGE METER DEPOSIT 4,535.60 APR'22 POSTAGE METER DEPOSIT 5,320.93 12,244.83 209002 5/19/2022 021010 VISIONARIES IMAGE CO LLC VAR VIDEOGRAPHY SVCS: SOTC 1,544.40 VAR VIDEOGRAPHY SVCS: SOTC 7,315.65 8,860.05 209003 5/19/2022 020275 WALLACE & ASSOC SEPT INSPECTION SVCS: LAND 23,184.00 CONSULTING LLC, ANSER DEV/NPDES: PW ADVISORY MNGMT LLC APR INSPECTION SVCS: LAND DEV/ 18,078.00 41,262.00 209004 5/19/2022 007987 WALMART RECREATION SUPPLIES: CRC: TCSD 180.55 MISC SUPPLIES: TVM/ACE: TCSD 20.65 MISC SUPPLIES: TVM/ACE: TCSD 40.36 241.56 209005 5/19/2022 001342 WAXIE SANITARY SUPPLY INC CLEANING SUPPLIES: PARKS 3,011.94 3,011.94 209006 5/19/2022 020670 WEBB MUNICIPAL FINANCE SPECIAL TAX ADMINISTRATION FY 11,216.70 LLC 21 /22 MAR SPECIAL TAXADMIN: TCSD SR 9,885.69 21,102.39 209007 5/19/2022 000339 WEST PUBLISHING CLEAR SUBSCRIPTION: TEM SHERIFF 984.53 984.53 CORPORATION, DBA:THOMSON REUTERS 209008 5/19/2022 021148 WEX BANK 04/07-05/06 FUEL USAGE: POLICE 3,102.34 3,102.34 Page:8 apChkLst Final Check List Page: 9 05/19/2022 3:07:09PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 209009 5/19/2022 000341 WILLDAN ASSOCIATES INC (Continued) Description FEB TRAFFIC ENGINEERING SVCS TRAFFIC SI Amount Paid 1.193.00 Grand total for UNION BANK: Check Total 1.193.00 1,774,483.35 Page:9 apChkLst Final Check List Page: 10 05/19/2022 3:07:09PM CITY OF TEMECULA 104 checks in this report. Grand Total All Checks: 1,774,483.35 Page:10 apChkLst Final Check List Page: 1 05/24/2022 3:32:21 PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor Description 502339 5/26/2022 013015 ALWAYS RELIABLE BACKFLOW TESTING: MEDIANS: PW BACKFLOW, AKA NANETTE SEMAN 502340 5/26/2022 012951 APPLIED DEVELOPMENT QUALITY OF LIFE MASTER PLAN: ECONOMICS PLANNING 502341 5/26/2022 013950 AQUA CHILL OF SAN DIEGO MAY DRINKING WTR SYS MAINT: CIVIC CENTER MAY DRINKING WTR SYS MAINT: POLICE MAY WATER SERVICES: TEM SHERIFF MAY DRINKING WATER SYS MAINT: MPS MAY DRINKING WTR SYS MAINT: THEATI MAY DRINKING WTR SYS MAINT: INFO TI MAY DRINKING WTR SYS MAINT: TCC MAY DRINKNING WTR SYS MAINT: TVM MAY DRINKING WTR SYSM MAINT: PW MAY DRINKING WTR SYS MAINT: LIBRAF MAY DRINKING WTR SYS MAINT: JRC MAY DRINKING WTR SYS MAINT: FOC 502342 5/26/2022 018941 AZTEC LANDSCAPING INC APR MAINT SVCS: PARKS/SCHOOLS: PW 502343 5/26/2022 022917 EMPLOYEE 00621 REIMB: TYLER CONF'22 502344 5/26/2022 022651 BRAND ASSASSINS CITYWIDE BANNER PROGRAM: ECON DEV 502345 5/26/2022 004248 CALIF DEPT OF FINGERPRINTING SVCS: ECO DEV JUSTICE-ACCTING 502346 5/26/2022 004412 COMPLETE TENNIS CAMP, TCSD INSTRUCTOR EARNINGS CTC TENNIS AKA KERRY LE 502347 5/26/2022 010650 CRAFTSMEN PLUMBING & CRANE LIFT FOR A/C COMPRESSOR: HVAC INC CRC WINDOW SHADES: CIVIC CENTER: PW PRESSURE WASHER REPAIRS: PW FOC PRESSURE WASHER REPAIRS: FOC Amount Paid Check Total 540.00 540.00 6,120.61 6,120.61 212.00 61.96 61.96 34.75 28.28 28.28 28.28 28.28 28.28 28.28 28.28 28.28 596.91 9,098.22 9,098.22 1,898.66 1,898.66 1,909.05 1,909.05 309.00 309.00 3,101.70 3,101.70 1,980.00 1,600.00 1,420.00 817.00 5,817.00 Page:1 apChkLst O5/24/2022 3:32:21PM Final Check List CITY OF TEMECULA Page: 2 Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 502348 5/26/2022 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: PARK 2,550.91 MAINT FUEL FOR CITY VEHICLES: STREET MAI 1,811.47 FUEL FOR CITY VEHICLES: TRAFFIC 559.15 FUEL FOR CITY VEHICLES: LAND DEV: F 187.85 FUEL FOR CITY VEHICLES: CODE ENF 123.44 FUEL FOR CITY VEHICLES: CIP: PW 110.41 FUEL FOR CITY VEHICLES: POLICE DEP 100.33 FUEL FOR CITY VEHICLES: CODE ENF 55.94 5,499.50 502349 5/26/2022 012217 DUDEK MAR CONSTRUCT MGMT SVCS: 31,041.35 31,041.35 PW11-10 502350 5/26/2022 020904 ECONOMIC ALTERNATIVES INC MAY CONDENSER WTR SYS PM: CIVIC 538.67 538.67 CTR 502351 5/26/2022 014865 FREIZE UHLER KIMBERLY DBA, MISC SUPPLIES: HR 233.33 233.33 CLEAR BLUE PROMOTIONS 502352 5/26/2022 013076 GAUDETYVONNE M, DBA YES TCSD INSTRUCTOR EARNINGS 693.00 693.00 YOU CAN DRAW 502353 5/26/2022 004890 GOLDEN STATE FIRE EMERGENCY REPAIRS: CIVIC CTR 769.00 769.00 PROTECTION 502354 5/26/2022 003792 GRAINGER EYE WASH STATION: CRC AQUATICS: 1,062.37 1,062.37 PW 502355 5/26/2022 020628 HASA INC POOL SANITIZING CHEMICALS: 1,531.23 1,531.23 VARIOUS POOLS 502356 5/26/2022 017334 HOUSE OF AUTOMATION INC BAY DOOR REPAIR: STA84: FIRE 225.00 225.00 502357 5/26/2022 010530 1 P C INDUSTRIES INC, DBA: GOLF CART RENTALS: ROD RUN: 4,330.82 4,330.82 PRESTIGE GOLF CARS TCSD 502358 5/26/2022 022664 MARIPOSATREE TREE TRIMMING: EMERGENCY SLOPE 3,812.00 MANAGEMENT INC TREE TRIMMING: SLOPES 3,314.00 7,126.00 502359 5/26/2022 011920 MASTER CONCEPTS LLC, DBA TCSD INSTRUCTOR EARNINGS 17,302.49 17,302.49 MASTER SPORTS 502360 5/26/2022 019823 MERCHANTS BLDG MAINT LLC MAR JANITORIAL SVCS: VARI 24,611.13 FACILITIES APR JANITORIAL SVCS: OTS/PD MALL SI 879.18 25,490.31 502361 5/26/2022 004586 MOORE FENCE COMPANY INC REPAIR FENCING: TEM CRK TRL PVC 14,239.00 RAIL INSTALL CHAIN LINK FENCE: RIVERTON 12,665.10 26,904.10 Paget apChkLst O5/24/2022 3:32:21PM Final Check List CITY OF TEMECULA Page: 3 Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 502362 5/26/2022 019019 MUSIC CONNECTION LLC TIX: SPEAKEASY AT THE MERC 5/14 200.20 200.20 502363 5/26/2022 022599 NIEVES LANDSCAPE INC APR LNDSCP MAINT: PARKS/MEDIANS: 74,954.54 PW APR LNDSCP MAINT: PW SLOPES 58,553.00 APR LNDSCP MAINT: PARKS/MEDIANS: F 54,150.00 APR LNDSCP MAINT: PARKS/MEDIANS: F 20,230.00 APR LANDSCAPE MAINT: FACILITIES 10,150.00 APR LNDSCP MAINT: PARKS: PW 6,977.00 225,014.54 502364 5/26/2022 021998 OLD TOWN TIRE AND SERVICE VEHICLE MAINT: PARKS/FACILITIES: 1,718.05 INC PW VEHICLE MAINT: PARKS/FACILITIES: PW 627.35 VEHICLE MAINT: PARKS/FACILITIES: PW 474.91 2,820.31 502365 5/26/2022 008871 ORIGINAL WATERMEN INC RASH GUARDS: CRC: TCSD 1,611.97 1,611.97 502366 5/26/2022 005075 PRUDENTIAL OVERALL FLOOR MATS/TOWEL RENTALS: CIVIC 95.70 SUPPLY CENTER FLOOR MATS/TOWEL RENTALS: CIVIC C 95.70 FLOOR MATS/TOWEL RENTALS: CIVIC C 95.70 UNIFORM SVCS: PARKS MAINT: PW 65.35 UNIFORM RENTALS: PARKS MAINT: PW 65.35 4/26 UNIFORM RENTAL: PARKS: PW 62.49 5/16 UNIFORM RENTALS: PARKS MAINT 60.50 4/19 UNIFORM RENTAL: PARKS: PW 60.06 4/05 UNIFORM RENTAL: PARKS: PW 60.06 FLOOR MATS/TOWEL RENTALS: CRC 29.51 FLOOR MATS/TOWEL RENTALS: SENIOR 23.15 FLOOR MATS/TOWEL RENTALS: CHILDR 21.37 FLOOR MATS/TOWEL RENTALS: FOC 9.70 CREDIT: UNIFORM SVCS: STREET MAIN" -272.30 472.34 502367 5/26/2022 022537 REFRIGERATION SUPPLIES, HVAC SUPPLIES: CRC: PW 661.36 DISTRIBUTOR MISC HVAC SUPPLIES: SENIOR CENTER 374.35 HVAC SUPPLIES: CITY HALL 369.30 HVAC SUPPLIES: CIVIC CTR 233.94 COMPRESSORS FOR HVAC UNTIS: CRC 9.86 1,648.81 502368 5/26/2022 003591 RENES COMMERCIAL SHOPPING CART CLEAN-UP: STREET 1,774.00 1,774.00 MANAGEMENT MAINT Page:3 apChkLst O5/24/2022 3:32:21PM Final Check List CITY OF TEMECULA Page: 4 Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 502369 5/26/2022 002412 RICHARDS WATSON AND FEB 2022 LEGAL SERVICES 17,977.44 GERSHON MAR 2022 LEGAL SERVICES 15,548.44 MAR 2022 LEGAL SERVICES 3,886.00 MAR 2022 LEGAL SERVICES 3,242.07 MAR 2022 LEGAL SERVICES 3,024.00 MAR 2022 LEGAL SERVICES 2,828.00 MAR 2022 LEGAL SERVICES 531.00 MAR 2022 LEGAL SERVICES 232.00 47,268.95 502370 5/26/2022 004274 SAFE AND SECURE LOCKSMITH SVCS: CRC: PW 651.85 651.85 LOCKSMITH SRVC 502371 5/26/2022 009213 SHERRY BERRY MUSIC TIX: JAZZ @ THE MERC 05/12/22 675.00 675.00 502372 5/26/2022 009746 SIGNS BY TOMORROW MAR PUBLIC NTC: PA21-1525/0105: 427.50 PLNG MAR PUBLIC NTC: PA21-1442: PLNG 427.50 MAR PUBLIC NTC: PA21-0200: PLNG 427.50 MAR PUBLIC NTC: PA21-1471: PLNG 213.75 MAR PUBLIC NTC: PA21-1472: PLNG 213.75 MAR PUBLIC NTC: PA21-1470: PLNG 213.75 MAR PUBLIC NTC: PA21-0172: PLNG 213.75 2,137.50 502373 5/26/2022 000645 SMART AND FINAL INC REFRESHMENTS: HIGH HOPES 207.51 207.51 EVENT:TCSD 502374 5/26/2022 006145 STENO SOLUTIONS APR TRANSCRIPTION SVCS: TEM 88.38 88.38 TRANSCRIPTION, SRVCS INC SHERIFF 502375 5/26/2022 014866 TWM ROOFING, INC ROOF REPAIRS: KENT HINTERGARDT 19,878.00 PARK ROOF REPAIRS: FIRE STATION 84 18,880.00 ROOF REPAIR: FIRE STATION 95 14,960.00 53,718.00 502376 5/26/2022 018147 WADDLETON, JEFFREY L. DJ/MC/SOUND SVCS: ROD RUN 4/29-30 1,950.00 TCSD INSTRUCTOR EARNINGS 577.50 DJ/MC SVCS: BMX JAM 5/14 525.00 3,052.50 502377 5/26/2022 008402 WESTERN RIVERSIDE CO MAR'22 MSHCP PAYMENT 88,440.00 88,440.00 REG, CONSERVATION AUTHORITY Grand total for EFT UNION BANK: 581,920.18 Page:4 apChkLst Final Check List Page: 5 O5/24/2022 3:32:21PM CITY OF TEMECULA 39 checks in this report. Grand Total All Checks: 581,920.18 Page:5 apChkLst Final Check List Page: 1 05/26/2022 2:43:40PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 13151 4/15/2022 000262 RANCHO CALIF WATER DISTRICT 13222 4/11/2022 006887 UNION BANK OF CALIFORNIA Description VAR MAR WATER 3015553 DEER HOLLOW WAY 019953 CAESARS ENTERTAINMENT LODGING: ICSC CONF: CITY COUNCIL CORP, DBA PARIS HOTEL 019953 CAESARS ENTERTAINMENT LODGING: ICSC CONF: CITY COUNCIL CORP, DBA PARIS HOTEL 019953 CAESARS ENTERTAINMENT LODGING: ICSC CONF: ECO DEV CORP, DBA PARIS HOTEL 019953 CAESARS ENTERTAINMENT LODGING: ICSC CONF: ECO DEV CORP, DBA PARIS HOTEL 013338 APPLE STORE ADDITIONAL STORAGE: SOCIAL MEDIA: ECO 13223 4/11/2022 006887 UNION BANK OF CALIFORNIA 000293 STADIUM PIZZA INC RFRSHMNTS: MTG SWAG TEAM 2/18 013336 RANCHO DONUTS RFRSHMNTS: PIT COUNT: HOMELESS OUTREACH 020489 GREYHOUND LINES HOMELESS OUTREACH: BUS PASS 022560 UBER TRANSP: RESPONSIBLE COMPASSION: TCSD 020489 GREYHOUND LINES TRANSP: REPONSIBLE COMPASSION: TCSD 007987 WALMART MISC SUPPLIES: HELP CTR: TCSD 000186 HANKS HARDWARE INC HARDWARE SUPPLIES: HELP CTR 13274 4/18/2022 000537 SO CALIF EDISON MAR 700572390172 46899 REDHAWK PKWY 13275 4/18/2022 000537 SO CALIF EDISON MAR 700503770150 28922 PUJOL ST 13276 4/18/2022 000537 SO CALIF EDISON MAR 700306036256 31454 TEMECULA PKWY 13279 4/18/2022 000537 SO CALIF EDISON MAR 700025717269 30875 RANCHO VISTA RD 13280 4/18/2022 000537 SO CALIF EDISON MAR 600001509166 40356 N GENERAL KEARNY 13284 4/19/2022 002390 EASTERN MUNICIPAL WATER MAR WATER SVCS 32131 S LOOP RD DIST Amount Paid Check Total 34,594.07 172.51 172.51 172.51 172.51 2.99 155.53 54.00 212.99 49.92 226.99 77.89 28.02 29.78 65.80 144.81 4,623.31 20,352.08 51.31 34,594.07 693.03 805.34 29.78 65.80 144.81 4,623.31 20,352.08 51.31 Page-1 apChkLst Final Check List Page: 2 05/26/2022 2:43:40PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 13285 4/19/2022 002390 EASTERN MUNICIPAL WATER MAR WATER SVCS 31991 RORIPAUGH DIST VALLEY RD 13286 4/19/2022 002390 EASTERN MUNICIPAL WATER MAR WATERS SVCS 39656 DIEGO DR DIST 13287 4/19/2022 002390 EASTERN MUNICIPAL WATER MAR WATER SVCS 32131 S LOOP RD DIST 13288 4/19/2022 002390 EASTERN MUNICIPAL WATER MAR WATER SVCS 32131 S LOOP RD DIST 13289 4/19/2022 010276 TIME WARNER CABLE APR INTERNET SVCS 32131 S LOOP RD 13290 4/19/2022 002390 EASTERN MUNICIPAL WATER MAR WATER SVCS 31991 RORIPAUGH DIST VALLEY RD 13291 4/19/2022 000537 SO CALIF EDISON MAR 600001004059 44900 TEMECULA LN 13307 4/25/2022 010276 TIME WARNER CABLE APR INTERNET SVCS 42569 MARGARITA RD 13308 4/25/2022 010276 TIME WARNER CABLE APR INTERNET SVCS 30875 RANCHO VISTA RD 13309 4/25/2022 010276 TIME WARNER CABLE APR INTERNET SVCS 30600 PAUBA RD 13327 4/28/2022 018858 FRONTIER CALIFORNIA INC APRIL INTERNET SVCS: CITY HALL 13328 4/28/2022 018858 FRONTIER CALIFORNIA INC APRIL INTERNET SVCS: CITY HALL 13341 5/3/2022 001986 MUZAK LLC MAY DISH NETWORK 32131 BUTTERFIELD STG 13343 5/3/2022 000537 SO CALIF EDISON APR 700316536912 32131 S LOOP RD 13346 5/4/2022 010276 TIME WARNER CABLE APR INTERNET SVCS 32364 OVERLAND TRL 13348 5/4/2022 000537 SO CALIF EDISON APR 700619156906 32364 OVERLAND TRL Amount Paid Check Total 108.06 108.06 129.92 129.92 132.88 132.88 198.38 198.38 282.23 282.23 1,138.06 1,138.06 10,707.15 10,707.15 600.91 600.91 600.91 600.91 621.48 621.48 189.05 189.05 295.98 295.98 175.38 175.38 1,931.51 1,931.51 119.99 119.99 2,139.22 2,139.22 Paget apChkLst Final Check List Page: 3 05/26/2022 2:43:40PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 13360 5/9/2022 010276 TIME WARNER CABLE MAY INTERNET SVCS 32211 WOLF VALLEY RD 13379 5/10/2022 006887 UNION BANK OF CALIFORNIA 006952 PAYPAL VERISIGN PAYFLOW PRO TRANSACTION 13391 5/10/2022 006887 UNION BANK OF CALIFORNIA 021342 RING.COM VIDEO SVC: HARVESTON: INFO TECH 016691 WWW.PAESSLER.COM LICENSE RENEWAL: PRTG 007028 AMERICAN AIRLINES AIRFARE: TYLER CONNECT CONF: INFO TECH 007028 AMERICAN AIRLINES AIRFARE: TYLER CONNECT CONF: INFO TECH 022789 SCHNEIDER ELECTRIC, IT CIRCUIT BOARDS FORA UPS: DATA CORPORATION CENTER 13406 5/10/2022 000537 SO CALIF EDISON APR 700138949110 32211 WOLF VALLEY RD 209010 5/20/2022 001365 RIVERSIDE, COUNTY OF, PLAN SUBMITTAL: PHBSP: SNACK ENVIRONMENTAL HEALTH SHACK: PW DEPT 209011 5/20/2022 001212 SO CALIF GAS COMPANY CDBG ASSISTANCE: FERNANDEZ, MARIA 209012 5/20/2022 001212 SO CALIF GAS COMPANY CDBG ASSISTANCE: FARWELL, HOWARD 209013 5/24/2022 002185 US POSTAL SERVICE POSTAGE: ELECTIONS: CITY CLERK 209014 5/26/2022 021668 A LAU LANGUAGE LLC INTERPRETER SVCS: CITY CLERK 209015 5/26/2022 022712 ACV SYSTEMS LLC, DBA CONTROL VALVES SVCS: PARKS: PW SOUTHWEST HYDROTECH CONTROL VALVES SVCS: PARKS: PW CONTROL VALVES SVCS: PARKS: PW 209016 5/26/2022 013387 ADAME LANDSCAPE INC, DBA MAY SWEEPING SVC: PRKG SWEEPING UNLIMITED STRUCTURE Amount Paid Check Total 194.54 194.54 25.00 25.00 200.00 722.29 647.21 647.21 1,371.27 3,587.98 1,508.67 1,508.67 474.00 474.00 692.60 692.60 210.36 210.36 6,452.32 6,452.32 400.00 400.00 1,460.06 1,128.45 1,258.95 3,847.46 540.00 540.00 Page3 apChkLst Final Check List Page: 4 05/26/2022 2:43:40PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 209017 5/26/2022 007282 AMAZON CAPITAL SERVICES INC 209018 5/26/2022 002187 ANIMAL FRIENDS OF THE VALLEYS 209019 5/26/2022 020762 AT&T 209020 5/26/2022 017149 B G P RECREATION INC 209021 5/26/2022 011954 BAKER AND TAYLOR INC 209022 5/26/2022 017788 BARTEL ASSOCIATES LLC 209023 5/26/2022 019840 BELTZ, JON 209024 5/26/2022 003138 CAL MAT, DBAVULCAN MATERIALS CO 209025 5/26/2022 010939 CALIF DEPT OF INDUSTRIAL, RELATIONS 209026 5/26/2022 021851 CALIF NEWSPAPERS PARTNERSHIP, DBA SO CALIF NEWS GROUP 209027 5/26/2022 021011 EMPLOYEE 00526 209028 5/26/2022 018828 CASC ENGINEERING AND, CONSULTING INC (Continued) Description Misc Office Supplies: HR MISC SMALL TOOLS & EQUIP: INFO TECI MISC SUPPLIES/EQUIP: COM RELATION: MISC OFC SUPPLIES: PREVENTION: FIR MISC SUPPLIES: STATE OF THE CITY: CP MISC EQUIP - BC/CHIEF: FIRE DEPT MISC EQUIP - BC/CHIEF: FIRE DEPT MISC OFFICE SUPPLIES: HR MISC OFC SUPPLIES: HR MISC EQUIP - BC/CHIEF: FIRE DEPT MISC ERGO SMALL TOOLS & EQUIP: RIS MISC OFC SUPPLIES: EOC MAR 22 ANIMAL CNTRL SVCS: TEM PD FILE CODE 3437031 TCSD INSTRUCTOR EARNINGS BOOK COLLECTIONS: RHRPTL: TCSD BOOK COLLECTIONS: RHRPTL: TCSD OPEB CONSULTING SRVCS: FINANCE DEPT CALPERS REVIEW SVCS: FINANCE VIDEO SVCS: STATE OF THE CITY: CITY MGR ASPHALT SUPPLIES: STREET MAINT: PW COMPLIANCE CERT: BLUE WATER SLIDE: CRC FEB PUBLIC NTC ADS: PLANNING MAR PUBLIC NTC ADS: PLANNING APR ADVERTISING PUBLIC NOTICES: PV REIMB: TYLER CONF'22: HR MISC ENG SVS: MRC IMPROV REVIEW 17-21 Amount Paid Check Total 15.21 73.84 10.86 94.56 155.80 55.44 29.35 55.40 191.59 166.92 179.33 249.14 10,000.00 95.00 5,040.00 8.27 10.27 6,200.00 10, 210.00 16, 000.00 1.210.65 268.75 1,064.30 6,448.00 1,128.80 203.50 145.00 1,277.44 10,000.00 95.00 5,040.00 18.54 16,410.00 16, 000.00 1,210.65 268.75 8,641.10 203.50 145.00 Page:4 apChkLst Final Check List Page: 5 05/26/2022 2:43:40PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 209029 5/26/2022 005417 CINTAS PROTECTION NO 2, CINTAS FIRE 636525 (Continued) Description FIRST AID KIT MAINT: RISK MGMT FIRST AID KIT MAINT: RISK MGMT FIRST AID KIT MAINT: RISK MGMT FIRST AID KIT MAINT: RISK MGMT FIRST AID KIT MAINT: RISK MGMT FIRST AID KIT MAINT: RISK MGMT 209030 5/26/2022 005417 CINTAS PROTECTION NO2, EXTINGUISHER INSPECTION: TCSD CINTAS FIRE 636525 209031 5/26/2022 017429 COBRAADVANTAGE INC, DBA APR FSA& COBRAADMIN: HR THE ADVANTAGE GROUP 209032 5/26/2022 002945 CONSOLIDATED ELECTRICAL ELECTRICAL SUPPLIES: CIVIC DIST CENTER 209033 5/26/2022 021230 CONSOLIDATED ELECTRICAL ELECTRICAL SUPPLIES: PARKS DISTR, DBA CALIF ELECTRIC SUPPLY 209034 5/26/2022 013379 COSSOU, CELINE TCSD INSTRUCTOR EARNINGS 209035 5/26/2022 014521 COSTAR REALTY MAY'22 WEB SUBSCRIPTION:ECO DEV INFORMATION INC 209036 5/26/2022 001264 COSTCO TEMECULA 491 Misc supplies: Planning Comm meetings 209037 5/26/2022 004329 COSTCO TEMECULA 491 MISC SUPPLIES: SPECIAL EVENTS: TCSD 209038 5/26/2022 021191 DOUGLAS CO INC MERCHANDISE: TVM GIFT SHOP 209039 5/26/2022 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: BLDG & SAFETY FUEL FOR CITY VEHICLES: BLDG & SAFI FUEL FOR CITY VEHICLES: EOC FUEL FOR CITY VEHICLES: BLDG & SAFI 209040 5/26/2022 022798 IDS SERVICES OF AMERICA WATER DELIVERY: CMO INC,SPARKLETTS 209041 5/26/2022 004799 E C S IMAGING INC LASERFICHE ANNUAL MAINT & LICENSING:CITY 209042 5/26/2022 013109 EMPLOYEE 00347 REIMB: TYLER CONF'22 Amount Paid Check Total 308.22 131.12 50.26 223.08 201.57 224.58 195.00 615.20 432.83 383.40 140.00 1,200.00 126.25 388.66 473.48 405.47 253.14 125.93 453.92 51.40 31,192.00 3,323.49 1,138.83 195.00 615.20 432.83 383.40 140.00 1,200.00 126.25 388.66 473.48 1,238.46 51.40 31,192.00 3,323.49 Page:5 apChkLst Final Check List Page: 6 05/26/2022 2:43:40PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 209043 5/26/2022 004836 EWING IRRIGATION CALSENSE RADIO REPAIR: WOLF CRK PRODUCTS INC SLOPE 209044 5/26/2022 015330 FAIR HOUSING COUNCIL, OF APR CDBG SUB -RECIPIENT: FAIR RIVERSIDE COUNTY INC HOUSING SVC 209045 5/26/2022 019469 FALCON ENGINEERING CONSTRUCTION MGMT SVCS: PW-CIP SERVICES 209046 5/26/2022 000165 FEDERAL EXPRESS INC EXP MAIL SVCS: POLICE EXP MAIL SVCS: TCSD 209047 5/26/2022 000165 FEDERAL EXPRESS INC EXP MAIL SVCS: CITY MGR OFC EXPRESS MAIL SVCS:POLICE EXPRESS MAIL SVCS: TCSD 209048 5/26/2022 000166 FIRST AMERICAN TITLE REFUND: DUP PMT CLOSING - COMPANY LARCHMONT 209049 5/26/2022 000166 FIRST AMERICAN TITLE REFUND: DUP PMT CLOSING- HOEHN COMPANY 209050 5/26/2022 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 209051 5/26/2022 019721 GOVCONNECTION INC TEN LAPTOPS: INFO TECH 209052 5/26/2022 022883 GRANICK SPORT INC, DBA S&R Water Polo Goals inflatable: CRC SPORT 209053 5/26/2022 022857 GUEST COMMUNICATIONS VINYL GUIDES: EOC CORP, GCC 209054 5/26/2022 000186 HANKS HARDWARE INC Small tools/equipment: Bldg & Safety MISC MAINT SUPPLIES: IWTCM MAINTENANCE SUPPLIES: PARKS: PW MISC MAINT SUPPLIES: WEST WING 209055 5/26/2022 022912 HAYES, MATT REFRESHMENTS: ROD RUN 4/29-30: FIRE 209056 5/26/2022 020698 HICKS AND HARTWICK INC ENG PLAN CK SVCS: LAND DEV: PRADO 209057 5/26/2022 020918 EMPLOYEE 00522 REIMB: LODGING: TYLER CONNECT: FIRE Amount Paid Check Total 891.75 891.75 1,623.51 1,623.51 66,014.32 66,014.32 61.34 40.98 102.32 13.35 10.68 11.92 35.95 629.00 629.00 312.85 312.85 50.00 50.00 16,055.61 16,055.61 897.05 897.05 5,457.67 5,457.67 7.60 39.05 1,910.12 174.32 2,131.09 82.56 82.56 1,080.00 1,080.00 1,422.38 1,422.38 Page.-6 apChkLst Final Check List Page: 7 05/26/2022 2:43:40PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 209058 5/26/2022 022569 INLAND FLEET SOLUTIONS INC VEHICLE EQUIP REPAIRS: STREETS: PW 209059 5/26/2022 021896 JP HANDMADE CORP, DBA BUSINESS CARDS: RISK MINUTEMAN PRESS MANAGEMENT 209060 5/26/2022 022716 KOEPFLI, TRISTAN H. Helmet paint: tem sheriff 209061 5/26/2022 022909 LA JOLLA BOOKING AGENCY REFUND: THEATER SECURITY DEPOSIT 209062 5/26/2022 013797 LA JOLLA BOOKING AGENCY STTLMNT: 24K MAGIC: 05/06/22 AKA, GEORGE ANDREW NAGLE 209063 5/26/2022 004905 LIEBERT, CASSIDYAND APR HR LEGAL SVCS FOR W H ITMORE TE060-00001 MAR HR LEGAL SVCS FOR TE060-00011 209064 5/26/2022 013982 M C I COMM SERVICE MAY 7DK90589 XXX-0346 GEN USAGE 209065 5/26/2022 003782 MAIN STREET SIGNS, DBA CITY STREET SIGNAGE: LIBRARY ATHACO I NC MISC SUPPLIES: PARKS: PW MISC SUPPLIES: PARKS: PW CITY STREET SIGNAGE: STREET MAINT: CITY STREET SIGNAGE: STREET MAINT: 209066 5/26/2022 021969 EMPLOYEE 00540 REIMB: DCA PROF LICENSE: LAND DEV 209067 5/26/2022 014490 MOTOROLA SOLUTIONS INC SFTWR & MAINT RENEWAL: INFO TECH 209068 5/26/2022 020400 MURRIETATEMECULA, REFUND: SECURITY DEPOSIT CC REPUBLICAN ASSEMBLY 5/13/22 209069 5/26/2022 018099 NATIONAL SAFETY DOT TESTING: HR COMPLIANCE INC 209070 5/26/2022 013319 NEW TANGRAM LLC, DBA OFFICE FURNITURE: NEW HR TANGRAM OFFICES 209071 5/26/2022 022908 NIEVES RAMOS, RENATA REFUND: SEC DEPOSIT CRC 4/30/22 209072 5/26/2022 014173 NPG INC DBA, GOLDSTAR PAVING MAINTENANCE: VAR ASPHALT PRODUCTS LOCATIONS Amount Paid Check Total 115.50 115.50 303.62 303.62 350.00 350.00 500.00 500.00 8,582.92 8,582.92 6,860.70 1,576.50 8,437.20 35.19 35.19 157.97 3,265.58 1,023.09 53.82 258.28 4,758.74 180.00 180.00 21,600.00 21,600.00 200.00 200.00 436.75 436.75 55,940.00 55,940.00 200.00 200.00 24,290.00 24,290.00 Page:? apChkLst 05/26/2022 2:43:40PM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 209073 5/26/2022 000209 NUTRIEN AG SOLUTIONS INC EQUIPMENT REPAIR: FIRE STA 73 16.30 16.30 209074 5/26/2022 002734 P V P COMMUNICATIONS INC motor helmets: traffic 747.06 747.06 209075 5/26/2022 016585 PACIFIC PLAY SYSTEMS INC MISC. PLAYGROUND PARTS:MIKE 1,350.00 1,350.00 NAGGAR PK 209076 5/26/2022 018461 PACIFIC PRODUCTS & MISC. SIGN SUPPLIES: PW PARKS 1,070.78 1,070.78 SERVICE LLC 209077 5/26/2022 017720 PERPETUAL PARKS & Steel Swing Hangers: PW Parks— 400.00 400.00 PLAYGROUNDS 209078 5/26/2022 022771 QUAKEHOLD INDUSTRIAL INC BACK PACK PRGM: EMERGENCY 10,482.91 10,482.91 MGMT 209079 5/26/2022 017391 RISE INTERPRETING INC SIGN LANGUAGE INTERPRETING: 1,280.00 1,280.00 CLASSES 209080 5/26/2022 000418 RIVERSIDE CO CLERK AND, CEQACIOTPD: PLANNING 50.00 50.00 RECORDER 209081 5/26/2022 022715 RIVERSIDE CO PUBLIC MAR EMERG RADIO RENTALS: POLICE 2,000.15 SAFETY, ENTERPRISE COMMUNICATION JAN EMERG RADIO RENTALS: POLICE 1,970.28 JAN EMERG RADIO RENTALS: TCSD 205.20 FEB EMERG RADIO RENTALS: POLICE 2,000.15 FEB EMERG RADIO RENTALS: TCSD 205.20 6,380.98 209082 5/26/2022 000406 RIVERSIDE CO SHERIFFS 3/10-4/6 LAW ENFORCEMENT 2,564,252.80 2,564,252.80 DEPT 209083 5/26/2022 000406 RIVERSIDE CO SHERIFFS FY21/22 POLICE FACILITY EXPENSES 395,291.27 395,291.27 DEPT 209084 5/26/2022 022495 RIVERSIDE CO BUSINESS CARDS: TEM SHERIFF 16.16 16.16 SHERIFF'S-GREYBAR 209085 5/26/2022 004822 RIVERSIDE TRANSIT AGENCY APR TROLLEY SVC: RIDERSHIP 1,736.22 1,736.22 209086 5/26/2022 001365 RIVERSIDE, COUNTY OF, RENEW PERMIT: T.E.S. POOL 406.00 ENVIRONMENTAL HEALTH DEPT RENEW PERMIT: SNACK BAR: SAM HICK 150.00 JAN-MAR'22 VECTOR CNTRL SVC: CODI 1,921.74 2,477.74 Page:8 apChkLst O5/26/2022 2:43:40PM Final Check List CITY OF TEMECULA Page: 9 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 209087 5/26/2022 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY SVCS: MPSC: TCSD 220.00 PRESTON PHOTOGRAPHY SVCS:SPECIAL EVENT 650.00 PHOTOGRAPHY SVCS: HIGH HOPES: TC 170.00 PHOTOGRAPHY SERVICES: TVM 220.00 PHOTOGRAPHY SERVICES: TVM - TCSD 220.00 PHOTOGRAPHY SERVICES: TVM - TCSD 170.00 1,650.00 209088 5/26/2022 021309 SB&O INC ENG SURVEY SVC: PAUBA VLY ELEM 2,942.50 2,942.50 DRVWY 209089 5/26/2022 022906 SHELLPOINT MORTGAGE CDBGASSISTANCE: HUYNH, ELLYSA 4,009.14 4,009.14 SERVICING 209090 5/26/2022 014818 SKYFIT TECH, INC. MAY MAINT SVC: FITNESS CENTER 195.00 195.00 209091 5/26/2022 022921 SNOW, OSCAR REFUND: VETERANS EXEMPTION FOR 35.00 35.00 BUS 209092 5/26/2022 002503 SOUTH COAST AIR QUALITY, FY21/22 AQMD FEE: CRC 143.88 MANAGEMENT DISTRICT FY21/22 FLAT FEE EMISSIONS FEE: CRC 142.59 1 C E EM ELEC GEN-DIESEL: CRC 440.15 FY 21/22 AQMD FEE: TVE2 143.88 870.50 209093 5/26/2022 000519 SOUTH COUNTY PEST PEST CNTRL SVCS: WEST WING 40.00 CONTROL INC PEST CNTRL SVCS: PARKS: PW 49.00 PEST CNTRL SVCS: PARKS: THEATER 90.00 PEST CNTRL SVCS: HISTORY MUSEUM 42.00 PEST CNTRL SVCS: PARKS 49.00 PEST CNTRL SVCS: TVE2 56.00 326.00 209094 5/26/2022 015648 STEIN ANDREW, DBA PARKINK MISC ITEMS FOR SDC: CRC: TCSD 2,098.88 2,098.88 209095 5/26/2022 009061 STURDIVANT, ANGELA P TCSD INSTRUCTOR EARNINGS 367.50 367.50 209096 5/26/2022 008804 SYMPRO INC 6/1/22-5/31/23 SYMPRO SFTWR 7,095.33 7,095.33 RENEWAL: FIN 209097 5/26/2022 022473 T AND G GLOBAL LLC, DBA ST. OLD TOWN CHRISTMAS TREE: TCSD 15,900.00 15,900.00 NICK'S 209098 5/26/2022 000515 TEMECULA VALLEY CHAMBER STATE OF THE CITY: VETERANS/LAW 1,300.00 1,300.00 OF, COMMERCE ENFORCEM 209099 5/26/2022 006529 TEMECULA VALLEY GARDEN REFUND: SEC DEPOSIT CRC 4/23/22 200.00 200.00 CLUB Page9 apChkLst Final Check List Page: 10 05/26/2022 2:43:40PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 209100 5/26/2022 003941 TEMECULA WINNELSON PLUMBING SUPPLIES: PARKS COMPANY 209101 5/26/2022 019291 TLK ICE, INC., DBA:KONA ICE Snow Cones for Special Event: TCSD: TEMECULA VAL 209102 5/26/2022 020911 T-MOBILE USA, INC. GPS LOCATE SVCS 4/27/22-5/4/22 209103 5/26/2022 017885 TRANSAMERICAN DIRECT INC MAY MAILING -REVISED: TCSD RATES & CHARGE 209104 5/26/2022 010046 TV CONVENTION &VISITORS MAR'22 BUS. IMPRV DISTRICT BUREAU, DBA VISIT TEMECULA ASMNTS VALLEY 209105 5/26/2022 020963 UPTOWN TEMECULAAUTO FEB & MAR VEHICLE DETAILING SVCS: SPA LLC CODE E FEB & MAR VEHICLE DETAILING SVCS: E 209106 5/26/2022 022927 VASQUEZ, GABRIEL REFUND: ROD RUN VENDOR 209107 5/26/2022 014486 VERIZON WIRELESS 4/11-5/10 TASK FORCE TABLETS POLICE 209108 5/26/2022 001890 VORTEX INDUSTRIES INC BAY DOOR REPAIR: STA84: FIRE BAY DOOR REPAIR: STA 92: FIRE 209109 5/26/2022 001342 WAXIE SANITARY SUPPLY INC CLEANING SUPPLIES: CITY FACS CLEANING SUPPLIES: PARKS CLEANING SUPPLIES: CITY FACS CLEANING SUPPLIES: CITY FACS 209110 5/26/2022 022911 YNEZ ROAD HOUSING REFUND: PERMIT B22-0237 CREATED PARTNERS LP IN ERROR 209111 5/26/2022 003776 ZOLL MEDICAL CORPORATION, PARAMEDIC SUPPLIES: MEDICS GPO PARAMEDIC SUPPLIES: MEDICS PARAMEDIC SUPPLIES - MEDICS PARAMEDIC SUPPLIES - MEDIC 209112 5/26/2022 005195 ZOOLOGICAL SOCIETY OF SUMMER DAY CAMP EXCURSION 7/14 SANDIEGO, DBA: SAN DIEGO ZOO GLOBAL Amount Paid Check Total 741.78 741.78 625.00 625.00 240.00 240.00 1,877.52 1,877.52 175, 968.89 175, 968.89 12.00 28.00 40.00 450.00 450.00 603.82 603.82 2,958.92 1,305.23 4,264.15 8,309.83 1,920.85 3,108.79 1,208.48 14,547.95 6,824.63 6,824.63 1,428.98 4,580.35 1,428.98 4,580.34 12,018.65 6,480.00 6,480.00 Grand total for UNION BANK: 3,668,812.99 Page:10 apChkLst Final Check List Page: 11 O5/26/2022 2:43:40PM CITY OF TEMECULA 132 checks in this report. Grand Total All Checks: 3,668,812.99 Page:11 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: June 14, 2022 SUBJECT: Adopt Ordinance No. 2022-09 Repealing and Replacing Title 6 of the Temecula Municipal Code and Make Modifications to Title 17 of the Temecula Municipal Code Regarding the Keeping, Maintenance, and Possession of Dogs, Cats, Fowl and Other Animals (Long Range Project Number LR21-0130) (Second Reading) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt an ordinance entitled: ORDINANCE NO. 2022-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING AND REPLACING TITLE 6 OF THE TEMECULA MUNICIPAL CODE REGARDING THE KEEPING, MAINTENANCE, AND POSSESSION OF DOGS, CATS, FOWL, AND OTHER ANIMALS AND PROVIDING FOR THE CONTROL, LICENSING, AND WELFARE THEREOF, MODIFYING TITLE 17 OF THE TEMECULA MUNICIPAL CODE REGARDING ANIMAL KEEPING AND MAKING A FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (B)(3) (LONG RANGE PLANNING PROJECT NO. LR21-0130) BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. With the exception of urgency ordinances, Government Code Section 36934 requires two readings of standard ordinances more than five days apart. Ordinances must be read in full at the time of introduction or passage unless a motion waiving the reading is adopted by a majority of the City Council present. Ordinance No. 2022-09 was first introduced at the regularly scheduled meeting of May 24, 2022. FISCAL IMPACT: None ATTACHMENTS: Ordinance ORDINANCE NO.2022-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING AND REPLACING TITLE 6 OF THE TEMECULA MUNICIPAL CODE REGARDING THE KEEPING, MAINTENANCE, AND POSSESSION OF DOGS, CATS, FOWL, AND OTHER ANIMALS AND PROVIDING FOR THE CONTROL, LICENSING, AND WELFARE THEREOF, MODIFYING TITLE 17 OF THE TEMECULA MUNICIPAL CODE REGARDING ANIMAL KEEPING AND MAKING A FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (11)(3) (LONG RANGE PROJECT NO. LR21-0130) WHEREAS, the City of Temecula ("City") last comprehensively updated the Temecula Municipal Code to regulate the keeping, maintenance, or possession of dogs, cats, fowl, or other animals in 1995; and WHEREAS, the adoption of this City ordinance regulating the keeping, maintenance, and possession of dogs, cats, fowl, and other animals within the City shall bring the Temecula Municipal Code into compliance with State Law; and WHEREAS, the adoption of the ordinance shall alleviate nuisances related to the keeping of dogs, cats, fowl, and other animals in the City; and WHEREAS, the adoption of this ordinance shall provide the City with increased abilities to regulate and enforce laws; and WHEREAS, the adoption of this ordinance shall alleviate costs incurred by the City related to the enforcement of laws, animal sanitation, and animal healthcare services. NOW, THEREFORE, the City Council of the City of Temecula, California does hereby ordain as follows: Section 1. Recitals Incorporated. The above recitals are true and correct and are incorporated herein. Section 2. The City Council hereby repeals Title 6 of the Temecula Municipal Code in its entirety and replaces it with a new Title 6 (Animals) that is fully detailed in Exhibit A and which is incorporated herein by this reference. Section 3. Table 17.06.030 (Residential Districts) of Section 17.06.030 (Use Regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions shown in underlined text and deletions shown in strikethrough text), with all other provisions of Table 17.06.030 remaining unchanged. Table 17.06.030 Residential Districts Description of Use HR RR VL L- 1 L- 2 LM M H HR- SM Nonresidential Agriculture/open space uses6 P P P P P P P P C Religious institutions C C C C C C C C C Public utility facilities C C C C C C C C C Educational institutions C C C C C C C C C Libraries C C C, C C C C C - Commercial marijuana activity - - - - - - - - - Marijuana cultivation" - - - - - - - - - Medical marijuana dispensaries - - - - - - - - - Museums and art galleries (not for profit) C C C, C C C C C - Commercial Kennels, Commercial Catteries, or cat/do training aining center612 - - Noncommercial Kennel - - - - - - - - - Noncommercial Cattery - - - - - - - - - Lame animals (horses, cattle, and mules sheep -and ge P P P P P - -g Small animals (burros, pigs, ponies and _ P P P P - P P - shee Temporary real estate tract offices P P P P P P P P P Recreational vehicle storage yard' - C C, C C C C C - Parking for commercial uses - - - - - - P P - Nonprofit clubs and lodge halls - - - - - - P P - Convalescent facilities - - - - - - P P - Golf courses C C C, C C C C C - Home occupations P P P P P P P P P Construction trailers 6 P P P P P P P P P Short term rentals - - - - - - - - - Table 17.06.030 Residential Districts Description of Use HR RR VL L- 1 L- 2 LM M H HR- SM Animal Keeping's = P P P P P P P Apiaries or Beekeeping12 = P P P P P P P = Poul = P P P P P P = _ Outdoor aviary - P P P P P P P - Footnote 12: Subject to the supplemental development standards contained in Chapter 6.04 of this code. Section 4. Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) of Section 17.08.030 (Use Regulations) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions shown in underlined text and deletions shown in strikethrough text), with all other provisions remaining unchanged. Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI A Adult businesses —subject to Chapter 17.09 of the C C C - - - Temecula Municipal Code Aerobics/dance/gymnastics/jazzercise/martial arts P P P C studios (greater than 5,000 sq. ft.) Aerobics/dance/gymnastics/jazzercise/martial arts C P P P C C - studios (less than 5,000 sq. ft.) Airports - - - - - C C Alcoholism or drug treatment facilities - C C C C - - Alcoholic beverage manufacturing' - - - C - P P Alcoholic beverage manufacturing with live _ _ _ C - C C entertainment' Alcoholic beverage sales See Section 17.10.020, Supplemental development standards. Ambulance services - - P P - P P Animal hospital/shefte P P P - P P Animal keeping - - - - - - - Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI Animals - large (cattle, horses and mules)' P Pio P P Pio P P Animals - small (burros, goats, pigs, ponies and P Pio P P Pio P P sheeII19 Animal shelter' - C C C - C C Aviary (outdoor) P Pio P P Pio P P Antique restoration - C C C - C P Antique sales P P P P - - I - Apiaries or beekeeper P P' ° P P P' ° P P Apparel and accessory shops P P P P - - - Appliance sales and repairs (household and small appliances) P P - P - C C Arcades (pinball and video games)' - C C C - - - Art supply stores P P P P - - - Auction houses - - C P - C C Auditoriums and conference facilities - C C C C C C Automobile oil change/lube services with no major repairs C P P P Automobile painting and body shop - - - C - - P Automotive parts - sales P P P P - - P Automobile rental - C C P - - P Automobile repair services - C C P - - P Automobile sales (wholesale or autobroker only) with no outdoor/storage of vehicles C C P - C C Automobile sales with only indoor display/storage of vehicles C C P - C C Automobile sales with only outdoor display/storage of vehicles' C - - C Automobile salvage yards/impound yards - - - - - - C Automobile service stations with or without an automated car wash' P P P C C P Automobile service stations selling beer and/or wine - with or without an automated car wash' _ C C, C, C, C, C' Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI K Kennels' (Commercial Kennels) and Commercial C - C - C C Cattery, and Dog/Cat Training Center' N Nightclubs/dance club/teenclub/comedy club - C C C - - - Noncommercial cattery - - - - - - - Noncommercial kennel - - - - - - - Nurseries (retail) - C C P - - P Nursing homes/convalescent homes C C C C C - - P Paint and wallpaper stores - P P P - - - Parcel delivery services P P P P P P P Parking lots and parking structures - C C C C P P Pawnshop - P P P - - - Personal service shops P P P P P P - Pest control services - C - C - P P Pet grooming/pet shop P P P P - P P Photographic studio P P P P P P - Plumbing supply yard (enclosed or unenclosed) - - - C - P P Postal distribution - - - - - - P Postal services P P P P P P - Poult1y, P P10 P P P10 P P Printing and publishing (newspapers, periodicals, books, etc.) - C - P C P P Private heliport' - - - - C C C Private heliport or hospital' - C C C C C C Private utility facilities (regulated by the Public Utilities Commission) P P P P P P P Footnote 9: Subject to the supplemental development standards contained in Chapter 6.04 of this code. Footnote 10: These uses are prohibited within any multifamily residential use within these zones. Section 5. Subsection A (Agricultural Uses) of Section 17.10.020 (Supplemental Development Standards.) of Chapter 17.10 (Supplemental Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended in its entirety to read as follows: "A. Agricultural Uses. 1. Permitted Uses. The following agricultural uses are permitted by right in all zones, except the hillside residential and open space/conservation. a. Farms of orchards, trees, field crops, truck gardening, flowering gardening, and other similar enterprises carried on in the general field of agriculture. b. Raising, grazing, breeding, boarding or training of Large Animals (cattle, horses and mules), Small Animals (burros, goats, pigs, ponies, and sheep), except concentrated lot feeding and commercial poultry and rabbit raising enterprises, are allowed on properties one-half net acre or larger in size. Standards for the keeping of animals and animal related land uses is located in Municipal Code Table 6.08.010 (Animal Keeping Standards) and Title 6. c. Apiaries or beekeeping, outdoor aviary, and poultry. Standards for the keeping of animals and animal related land uses is located in Municipal Code Table 6.08.010 (Animal Keeping Standards) and Title 6. 2. Conditional Use Permit Required. The following agricultural uses are permitted with a conditional use permit, except in the open space/conservation zone. a. Wholesale distributor and processor of nursery -plant stock. Retail nursery where incidental and contiguous to propagation of nursery stock and/or wholesale distributor. Outdoor storage and display are prohibited except for nursery -plant stock. b. Animal keeping. Requirements and standards for Conditional Use Permits relating to animal keeping is located in Municipal Code Table 6.08.010 (Animal Keeping Standards) and Title 6." Section 6. Section 17.34.010 (Definitions and illustrations of terms.) of Chapter 17.34 (Definitions of Terms) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add a definition for "Animal Keeping", "Commercial cattery", "Commercial kennel", "Noncommercial kennel", and "Noncommercial cattery" to read as follows, with all other provisions of Section 17.34.010 remaining unchanged: "Animal Keeping" means uses such as frog farms; worm farms; the keeping and raising of more than four chinchillas, nutria, hamsters, guinea pigs, cavy, rabbits and similar small animals; and the keeping and raising of exotic animals, including the keeping of exotic animals as pets. "Commercial cattery" means any building, structure, enclosure, or premises whereupon, or within which, five or more cats four months of age or older are kept or maintained, for financial profit for the purpose of boarding, breeding, training, marketing, hire or any other similar purpose. 6 "Commercial kennel" means any building, structure, enclosure, or premises whereupon, or within, five or more dogs four months of age or older are kept or maintained, for financial profit for the purpose of boarding, breeding, training, marketing, hire or any other similar purpose. "Noncommercial cattery" means any building, structure, enclosure or premises whereupon, or within which, five to 10 cats, four months of age or older, are kept or maintained for noncommercial reasons. Each cat must be altered by six months of age. "Noncommercial kennel" means any building, structure, enclosure or premises whereupon, or within which, five to 10 dogs, four months of age or older, are kept or maintained for noncommercial reasons. Each animal shall be individually licensed at four months and altered upon reaching six months of age. Section 7. Conflicting City Ordinances Superseded as to Animal Law Ordinance. If any section of the City of Temecula Municipal and/or Zoning Codes conflicts with any provision of this Animal Law Ordinance that section of the City of Temecula Municipal and/or Zoning Codes are superseded. Section 8. Effective Date of Ordinance. This Ordinance shall take effect and be in full force and operation thirty (30) days after its second reading and adoption. Section 9. California Environmental Quality Act (CEQA) Exemption. Pursuant to Section 15061, subdivision (b)(3) of Title 14 of the California Code of Regulations, the Ordinance is exempt from CEQA, because the "activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." Section 10. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Animal Law Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Animal Law Ordinance. The City Council hereby declares that it would have adopted this Animal Law Ordinance, and each section, subsection subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 11. City Clerk Action. The City Clerk is authorized and directed to cause this Animal Law Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933, subdivision (a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933, subdivision (c). PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of June, 2022. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2022-09 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 24th day of May, 2022, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of June, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk VYUIRTT A TITLE 6: ANIMALS Chapters: 6.04 Animals and Animal Control Officers 6.06 Mandatory Spaying, Neutering and Microchipping 6.08 Animal Keeping Standards 6.12 Animals Running at Large CHAPTER 6.04: ANIMALS AND ANIMAL CONTROL OFFICERS Sections: 6.04.010 Definitions. 6.04.020 Animal control fees. 6.04.030 Dog licensing. 6.04.040 Vaccination requirements. 6.04.050 License information — Tags. 6.04.060 Kennel and catteries. 6.04.070 Kennel or cattery permit/license — Application and issuance conditions. 6.04.080 Record of dogs and cats sold. 6.04.090 Kennel, cattery and pet shop inspections. 6.04.100 Sale or adoption of cats or dogs. 6.04.110 Sterilization of adopted animals. 6.04.120 Nonprofit corporations. 6.04.130 Duties of Animal Control Officer. 6.04.140 Animal Control Officers — Enforcement duties — Entry upon private property. 6.04.150 Dog and cat impoundment regulations. 6.04.160 Unlawful acts designated. 6.04.170 Transporting animals. 6.04.180 Animals unattended in a motor vehicle. 6.04.190 Use of streets, sidewalks, and public places. 6.04.200 Traps and cages. 6.04.210 Crimes against animals. 6.04.220 Animal sanitation. 6.04.230 Female dogs and cats in heat (estrus). 6.04.240 Isolation of animals — Rabies precaution. 6.04.250 Noisy animals. 6.04.260 Vicious or unsafe dogs. 6.04.270 Exotic animals. 6.04.280 Violation — Penalty. 6.04.290 Constitutionality — Separability. SECTION 6.04.010: Definitions. Whenever in this chapter the following terms are used, they shall have the meaning ascribed to them in this section unless it is apparent from the context thereof that some other meaning is intended: A. "Adequate shelter" means an area that has adequate space for the size animal being kept, and that area shall contain a shelter that would humanely house said animal from the elements. B. "Animal Control Agency" or "Animal control" shall mean the City or its designee, which may specifically include the City's contractor of animal services. C. "Animal control director" or "Director" means the Executive Director or similar executive officer of the Animal Control Agency or their designee. D. "Animal control officer" means any person duly appointed to carry out the provisions of this chapter by the City or the City's contracted Animal Control Agency. E. "Animal Hospital" shall mean a place where animals or pets are given medical or surgical treatment, and where the boarding of the same animals is limited to short-term periods incidental to the hospital care. F. "Animal Shelter" shall mean the facility or facilities operated by the City or its authorized contract provider of animal services for the purpose of impounding or caring for animals under the authority of this code or state law. G. "At large" means any dog which is off the premises of its owner, custodian or caretaker and which is not under physical restraint by a leash of a size and material appropriate to the size and temperament of the dog and which is held by a person capable of restraining such dog, or is not otherwise physically restrained by some other device or instrumentality, except that such device or instrumentality shall not include voice control, eye control or signal control of the dog by any person, device or instrumentality. H. "City" shall mean the City of Temecula. I. "Commercial cattery" means any building, structure, enclosure, or premises whereupon, or within which, five or more cats four months of age or older are kept or maintained, for financial profit for the purpose of boarding, breeding, training, marketing, hire or any other similar purpose. J. "Commercial kennel" means any building, structure, enclosure, or premises whereupon, or within, five or more dogs four months of age or older are kept or maintained, for financial profit for the purpose of boarding, breeding, training, marketing, hire or any other similar purpose. IF K. "Crowing fowl" means a male chicken, peafowl, rooster, guinea fowl or other male domestic fowl. L. "Dog or cat owner" means the registered owner, licensed owner, or any person harboring, pet sitting, caretaking, having custody of, or being in charge of the dog or cat. M. "Domesticated animal" means any animal that is tractable or tame by nature, generally accustomed to living among humans, and commonly kept as pets or as livestock. N. `Electrified fence" means an accepted and approved form of fencing providing an electrified perimeter within, and attached to a board, chain link, or black wall fence. Habitual runaways or "at large" offenders can be mandated to install this device per the Animal Control Agency. O. `Estrus" sometimes referred to as "in heat" means a regularly recurrent state of sexual receptivity during which the female of most mammals will accept the male and is capable of conceiving. P. `Euthanize" means the act of killing or permitting the death of a terminally ill or hopelessly injured animal by using a humane, painless method for reasons of mercy. Q. "Exotic animal" means a non-native animal and/or animal of a non -domesticated order or family, and any hybrid of an exotic animal that is permitted by federal and state law for keeping as a pet, unless otherwise restricted by this title. Permitted exotic animals include those species commercially available at retail pet stores in the state such as: non -venomous snakes, non-poisonous small reptiles, non-poisonous amphibians, tortoises, ferrets, exotic birds, hedgehogs, and non-poisonous insects. Any venomous or otherwise dangerous reptile, arachnid, mammal or carnivorous wild animal is hereby excluded from this definition. R. "Fowl" means and includes any chicken, duck, turkey, goose, peafowl, guinea fowl, or other domestic fowl of any sex. S. "Impounded" means an animal having been received into the custody of the Animal Control Officer authorized under the provisions of this chapter. T. "License inspections" means door-to-door canvassing by an Animal Control Officer for the purpose of determining whether dogs or cats have been vaccinated and are properly licensed. U. "Noisy animal" means any animal or animals maintained on the same premises or location whose excessive, unrelenting, or habitual barking, howling, crying, or other noise or sounds annoy or become offensive to a resident or residents in the vicinity thereby disturbing the peace of the neighborhood or causing excessive discomfort to any reasonable person of normal sensitivity residing in the area. 12 V. "Noncommercial cattery" means any building, structure, enclosure or premises whereupon, or within which, five to 10 cats, four months of age or older, are kept or maintained for noncommercial reasons. Each cat must be altered by six months of age. W. "Noncommercial kennel" means any building, structure, enclosure or premises whereupon, or within which, five to 10 dogs, four months of age or older, are kept or maintained for noncommercial reasons. Each animal shall be individually licensed at four months and altered upon reaching six months of age. X. "Owner" means any person who intentionally provides care or sustenance for any animal, including but not limited to a dog or cat, for any period greater than thirty (30) days. Y. "Person" means any individual, firm, partnership, joint venture, corporation, association, club or organization. Z. "Pet shop" means any person, establishment, store or department of any store that acquires live animals, including birds, reptiles, fowl and fish, and sells, or offers to sell or rent such live animals to the public or to retail outlets. AA. "Potentially dangerous or vicious confinement" means any confinement of dog or other animal deemed potentially dangerous or vicious by the Animal Control Agency and which may be required to be contained in a chain link kennel of 11- or nine -gauge wire, with the dimensions: minimum 12 feet by six feet high, to be entirely enclosed with an attached chain link top, to include an end protective area from the weather no less than four feet on top and four feet on either side, to be constructed with plywood or fiberglass on the outside of the kennel. Chain link is to be set in concrete flooring around the base of the kennel, and the kennel must be reinforced with a top and lower retaining rail; top is for support and the bottom is to serve as a safety guard against dog pulling chain link out of concrete. BB. "Potentially dangerous or vicious animal" means any animal which has bitten a person or animal without provocation, or which has a disposition or propensity to attack or bite any person or animal. CC. "Public places" means and shall include, without limitation, streets, highways, fronts of places of business, carnivals, flea markets, swap meets and sidewalks. DD. "Sentry dog" means any dog trained to work without supervision in a fenced facility and to deter or detain unauthorized persons found within the facility. EE. "Service animal" means any dog, and in some cases described below, a miniature horse, being reared, trained, or used for the purpose of performing tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained, or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual's disability. Examples of work 13 or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition. Miniature horses may be considered "service dogs" if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability and meets the requirements of section 35.136 of Title 28 of the Code of Federal Regulations. FF. "Unlicensed dog" means any dog four months of age or older, for which no valid license is currently in force within the incorporated area. GG. "Vaccination" means an inoculation against rabies of any dog or cat four months of age or older of any vaccine prescribed for that purpose by the California Department of Health Services. HH. "Wild animal" means any animal which is not commonly a domesticated animal or normally kept as a household pet, listed as protected by federal or state law, or which may be perceived as wild or predatory in nature, or any animal which, because of its size, growth propensity, vicious nature or other characteristics, would constitute an unreasonable danger to human life, or property if not kept, maintained, or confined in safe and secure manner. SECTION 6.04.020: Animal control fees. Fees, penalties, and charges related to animal control shall be established by resolution of the City Council, which may be amended from time to time. SECTION 6.04.030: Dog licensing. A. It is unlawful for any person to own, harbor or keep any dog four months of age or older within the City for a period longer than thirty (30) days, unless there is attached to such dog a valid license tag obtained from the Animal Control Agency. B. A license will be issued for each dog upon, proof of vaccination provided, and payment of a license fee established pursuant to Municipal Code Section 6.04.020. Said license shall be valid for a period of one (1), two (2), or three (3) years. The license issued shall be linked to the animal's vaccine expiration and shall be renewed within thirty (30) days after such period terminates. In no case shall a license be issued for any period of time for which no documented vaccine is provided. C. If an application for a license is made more than thirty (30) days after the date such license is required, the applicant shall pay a penalty established pursuant to Municipal Code 14 Section 6.04.020. If a valid license tag is lost or destroyed, a duplicate thereof may be procured from the Animal Control Agency upon submission of proof of loss and payment of the fee established pursuant to Municipal Code Section 6.04.020. D. Any dog owned by a person moving into Temecula that has a current dog license issued by a city or county within the State of California will be honored for a maximum of one (1) year or until the dog's rabies vaccination has expired, whichever occurs first. A Temecula dog license shall be applied for prior to expiration of the non -Temecula dog license or rabies vaccine expiration, whichever occurs first. E. No fee shall be required for a license for any service animal. SECTION 6.04.040: Vaccination requirements. A. The Animal Control Agency (or their designee) shall be provided the following prior to issuance of a dog license: i. A completed dog license application. 11. The fee for the dog license as set by City Council Resolution, which may be amended from time to time. ill. A certificate of vaccination signed by a California licensed veterinarian that includes: 1. Name of dog 2. Breed, age, weight of dog and physical description. 3. Date of rabies vaccination administered, manufacturer, and expiration. 4. Name and address of dog owner(s). 5. Address where dog is to be kept, if different than above. B. Each veterinarian after vaccinating any dog shall sign a certificate of vaccination in triplicate in the form required by the Director. The veterinarian shall keep one copy, shall give one copy to the owner of the vaccinated dog, and shall send one copy to the Animal Control Agency. The owner shall retain his or her copy of the certificate in a safe place for so long as he or she shall continue to own the dog or until such time as the dog is vaccinated again, at which time the new certificate shall be retained as above indicated. SECTION 6.04.050: License information — Tags. A. Every license issued shall clearly state: i. The name and residential address of the person who is being issued the license; ii. The amount paid for the license; iii. The date when the license was issued; iv. The date when the license will expire; v. A description of the dog to include name, age, breed, sex, and color(s); and vi. The unique number of the durable tag accompanying such license. B. Every commercial kennel or commercial cattery license in addition to the above, shall state the maximum number of each species of animal that may be kept in such kennel or cattery. SECTION 6.04.060: Commercial Kennels and Commercial Catteries. A. Prior to issuance of an annual license from the Animal Control Agency per Municipal Code Section 6.04.070, all commercial kennels or commercial catteries are required to obtain a 15 Conditional Use Permit in accordance with Municipal Code Section 6.08.010 (Animal Keeping Standards), an annual business license from the City, and any other license or permit as may be required by the City or another governing body to operate a kennel or cattery. i. Commercial kennels and commercial catteries shall be considered as one and the same for the purposes of permitting. B. It is unlawful for any person to own or operate a commercial kennel, commercial cattery, or a pet shop without obtaining a permit from the Animal Control Agency or their designee. Said license shall be valid for a period of one year following issuance and shall be renewed within thirty (30) days after such period terminates. C. If an application for a license is made more than thirty (30) days after the date such license/permit is required as stated on the license, the applicant shall pay a penalty established pursuant to Municipal Code Section 6.04.020. SECTION 6.04.070: Commercial Kennel, Commercial Cattery, and Pet Shop permit/license — Application and issuance conditions. A. Acknowledgment of Standards. A copy of the applicable standards will be supplied to the applicant with each request for an application for a permit, and the applicant shall acknowledge receipt of such standards and agree to comply with them and to allow inspections at reasonable times by signing the application form. B. Application for a commercial kennel, commercial cattery or pet shop permit/license shall be filed with the Animal Control Agency no later than ten (10) days after obtaining all required permits and licenses from the City, approved City permits shall be presented to the Animal Control Agency. After receipt of the application, the Animal Control Agency or their designee shall make, or cause to be made, an examination of the commercial kennel, commercial cattery, or pet shop, and the permit/license shall be issued if the commercial kennel, commercial cattery or pet shop in the opinion of the Animal Control Agency or their designee satisfactorily meets each of the following conditions: i. The commercial kennel, commercial cattery or pet shop is constructed, equipped and maintained so as to continuously provide a healthful and sanitary environment for all animals, including dogs and cats kept, or to be kept therein; ii. There is adequate shelter from the elements and sufficient space for exercise; iii. There is ample and healthful food and potable water, and adequate sanitary facilities for the storage of such food and water; iv. There are provisions made for the removal and disposal of animal and food wastes, bedding, and debris. Disposal facilities shall be so provided and operated to minimize vermin infestation, odors, and disease hazards in compliance with local laws; v. There are adequate drainage facilities; vi. There is adequate and effective means of the control of insects and rodents, and such control is vigorously and continually maintained; vii. The person applying for the permit/license has not been convicted of a crime of cruelty to animals in this or any state; 16 viii. Sick animals are separated from those appearing healthy and normal and, if for sale, removed from display and sale. No person knowingly sells a sick or injured animal or bird. Sick animals are kept in isolation quarters with adequate ventilation to keep from contaminating well animals; ix. An employee or owner physically visits the premises to feed, water, and perform necessary cleaning of animals and birds on days the store or shop is closed; x. Living quarters for human habitation shall not be considered adequate for a commercial kennel or commercial cattery or a pet shop; and xi. Adequate records are maintained for all animals. C. The Animal Control Agency or its designee shall have the authority to enter upon the premises in which a commercial kennel, commercial cattery or pet shop is located for the purpose of determining whether such commercial kennel, commercial cattery, or pet shop satisfactorily meets the conditions set forth in this chapter. D. The Animal Control Agency may deny an application for a permit/license required by this chapter, whether original or renewal, or suspend or revoke such a permit/license if it finds that any commercial kennel, commercial cattery or pet shop fails to meet any of the conditions set forth in this chapter, or the premises within which dogs or cats are kept or maintained as provided in this chapter fail to meet any of the conditions set forth herein. The Animal Control Agency shall prepare a notice of denial of an application, or suspension or revocation of a permit/license, setting forth the reasons for such a denial, suspension or revocation. Such notice shall be served personally on the applicant or licensee. Such notice of denial, suspension or revocation may be appealed by filing with the City, within fifteen (15) days after notice of such denial, suspension or revocation, a written notice of appeal briefly setting forth the reasons why such denial, suspension or revocation is not proper and by paying the fee for appeal established pursuant to Municipal Code Section 6.04.020. Failure to file an appeal within fifteen (15) days as set forth above, waives the right of appeal. The City Clerk shall give notice to the appellant by regular mail of the time and place of the hearing. Such appeal shall be heard by the City Manager within thirty days of a timely written notice of appeal being submitted to the City Clerk. In conducting the hearing, the City Manager shall not be limited by the technical rules of evidence. Within fifteen (15) days of the conclusion of the hearing, the City Manager shall issue a written decision either affirming, amending or reversing the decision of the Animal Control Agency. SECTION 6.04.080: Records of dogs and cats sold. All commercial kennels, commercial catteries, and pet shop operators shall maintain records of all dogs and cats sold of any age. Records shall include the new owner's name, address and the description of the dog or cat sold including breed, color, sex, month and year of birth, and veterinarian records. Copies of these records shall be provided to the Animal Control Agency or their designee monthly within ten (10) calendar days after the last day of each month. SECTION 6.04.090: Commercial kennel, commercial cattery, and pet shop inspections. Because of the need to adequately protect animals within commercial kennels, commercial catteries and pet shops from unhealthy conditions and practices, reasonable inspection 17 requirements dictate that the Animal Control Agency or their designee shall have the right to inspect commercial kennels, commercial catteries and pet shops at reasonable times and upon reasonable notice, as a condition of the issuance of a commercial kennel, commercial cattery or pet shop permit/license. SECTION 6.04.100: Sale or adoption of cats or dogs. A. Any person who provides or offers to the public, whether or not for compensation, a cat or dog for adoption shall provide to their clients, free of charge, information relating to pet care and ownership, including information on City laws pertaining to animal control. This required information will be prepared and provided by the Animal Control Agency. B. Any person offering pets for sale or adoption shall disclose to any purchaser or adoptive owner information regarding the licensing requirements of the City applicable to such animal. C. Prior to release for adoption, any animal adopted from any animal welfare agency shall be spayed or neutered as early as is medically appropriate, unless the adoptive owner obtains a certificate from a licensed veterinarian certifying as to the health reasons for failing to alter such animal. SECTION 6.04.110: Sterilization of adopted animals. A. Any person who provides or offers to the public, whether or not for compensation, services for the sterilization of a dog or cat shall provide to their clients, free of charge, information relating to pet care and ownership, including information on City laws pertaining to animal control. This required information will be prepared and provided by the City or the City's contractor for animal control services. B. If a veterinarian licensed to practice veterinary medicine in this State certifies that the dog or cat is too sick or injured to be spayed or neutered, or that it would otherwise be detrimental to the health of the dog or cat to be spayed or neutered, the adopter or purchaser shall pay the Animal Control Agency a deposit in an amount set by Resolution of the City Council, which may be amended from time to time. The deposit shall be temporary and shall only be retained until the dog or cat is healthy enough to be spayed or neutered, as certified by a veterinarian licensed to practice veterinary medicine in this State. The dog or cat shall be spayed or neutered within fourteen (14) business days of that certification. The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. If the adopter or purchaser presents proof of spaying or neutering to the Animal Control Agency within thirty (30) business days of obtaining the proof, the adopter or purchaser shall receive a full refund of the deposit. SECTION 6.04.120: Nonprofit Corporations. A nonprofit corporation formed pursuant to the provisions of the California Corporation Code commencing with Section 10400 for the prevention of cruelty to animals shall not be required to pay a fee for the licenses required by this chapter. Except for fees, all other provisions of this chapter shall be applicable to any such nonprofit corporation. 18 SECTION 6.04.130: Duties of Animal Control Officer. It shall be the duty of the Animal Control Officer: A. To receive, take up and impound: i. Any dog or cat found running at large in violation of this chapter or of any law of the State of California. ii. Any dog or cat which is molesting any person. iii. Any cat or dog which is molesting or harassing animals, birds, or pets upon the premises of any person. iv. Any dog or cat which is found running at large while in heat (estrus). B. To regularly and adequately feed, water, and otherwise care for all animals impounded under the provisions of this chapter, or to provide for such feeding and watering. C. To investigate the condition and behavior of any dog which he or she has reason to believe is vicious or dangerous, and if he or she finds such dog to be vicious in its habits, he or she shall report their findings in person, in writing, on the phone, online, or by mail to the owner of such dog if the name and whereabouts of said owner are known, and if unknown, then the dog shall be impounded. D. To follow provisions of Penal Code Section 597.1 (or any subsequent legislation) in humanely euthanizing or giving emergency care to sick or injured dogs or cats. E. To do and perform any other acts necessary to carry out the provisions of this chapter and of the laws of the State. F. Make such reports to the Animal Control Agency and City Council as they may require, relative to his or her duties as Animal Control Officer and the performance of his or her duties in accordance with this chapter. SECTION 6.04.140: Animal Control Officers — Enforcement — Entry upon private property. It shall be the duty of all peace officers to cooperate with and assist the Animal Control Officer in the enforcement of the provisions of this chapter. Unless otherwise prohibited by law, all persons whose duty it is to enforce the provisions of this chapter are hereby empowered to enter upon private property where any dog or cat is kept or believed to be kept for the purpose of ascertaining whether any dog or cat is harbored in violation of any of the provisions of this chapter, subject to constitutional and statutory search and seizure laws. SECTION 6.04.150: Dog and cat impoundment regulations. A. No impounded animal shall be redeemed except on payment of all appropriate fees established pursuant to Municipal Code Section 6.04.020. No dog which is to be kept or harbored within the corporate limits of the City of Temecula shall be released from the shelter unless or until it is duly licensed in accordance with the provisions of this chapter. No unredeemed dog or cat shall be sold if or while the same is suffering from any infectious or communicable disease. 19 B. Any officer acting under the provisions of this chapter and impounding a licensed dog shall give notice in person or by regular mail to the last known address of the owner of the impounding of such dog or cat. If such dog or cat is not redeemed within ten (10) days from the date of the giving of such notice, the officer having custody of the dog shall dispose of it in accordance with the provisions of Tile 6 or shall have the dog or cat euthanized. C. Upon impounding an unlicensed dog or cat, the officer shall give notice in person or by regular mail to the owner, if known, of the impounding of such dog or cat. If such dog or cat is not redeemed within five (5) days after such notice has been given, the officer shall dispose of such dog or cat in accordance with the provisions of Title 6 or shall have the dog or cat euthanized. D. The officer having custody of any impounded dog or may, by humane methods, summarily euthanize said dog if: i. The dog or is suffering from any incurable, dangerous or contagious disease, providing a licensed veterinarian shall certify, in writing, that such dog or cat is so suffering; or ii. It is an unlicensed vicious dog. E. The Animal Control Officer may not sell, give away or otherwise transfer title of any dog, cat or any other animal to any person, or institution for use in the diagnosis or treatment of human or animal disease or in research for the advancement of veterinary, dental, medical, or biological sciences or in the testing or diagnosis, improvement or standardization of laboratory specimens, biologic products, pharmaceuticals, or drugs. SECTION 6.04.160: Unlawful acts designated. It is unlawful: A. For the owner of any dog to fail, neglect or refuse to obtain a license for each dog as required by this chapter. B. For an owner of any dog to fail or neglect to keep fastened to such dog the tag as provided in this chapter. The tag shall be attached at all times to a collar, harness or other suitable device upon the dog for which the license tag was issued. C. For any person to interfere with, oppose or resist the Animal Control Officer or other person charged with the enforcement of this chapter, while the Animal Control Officer or such other person or persons are engaged in the performance of their duties under this chapter. D. For any person to attach any current license tag on any dog other than the dog for which such tag was originally issued. E. For any person other than the owner to remove from any dog any tag which has been attached to such dog pursuant to the provisions of this chapter or for any person to counterfeit or imitate any such tag or attach a counterfeit or imitation tag to any dog or to possess any such counterfeit tag. 20 F. For the owner or person in charge thereof of any vicious dog to fail, neglect, or refuse to keep posted in a conspicuous place at or near the entrance and around the premises on which said dog is kept, a sign having letters at least two inches in width and reading "BEWARE OF VICIOUS DOG." No vicious dog shall be permitted to leave the premises of the owner or person in charge thereof unless such dog is securely muzzled, leashed, and under the control of a person eighteen (18) years of age or older and who is physically capable of restraining said animal. G. For any person to remove an impounded animal from an Animal Control Center without the consent of the officer in charge thereof. H. For the owner or person in charge of any dog, whether licensed or unlicensed, to permit such dog to roam, stray or run at large in, or into any location within the City of Temecula. I. For any person, after being informed in writing that such person's animal has been declared a noisy animal in accordance with the provisions of Municipal Code Section 6.04.245 and that the maintenance of a noisy animal is a public nuisance, to fail, refuse or neglect to take whatever steps or use whatever means are necessary to assure that such animal does not again disturb residents in the vicinity in which the animal is kept. J. For any person to abandon any animal without care on any public or private property. Any animal abandoned may be impounded and disposed of in a humane manner. At least seventy-two (72) hours prior to the impoundment of an animal believed to be abandoned, a notice shall be posted on the property on which said animal is being kept. Notice shall be given in person or by regular mail to the last known address of the owner or person entitled to possession thereof (if known), that the animal will be impounded if contact is not made with the Animal Control Agency within seventy-two (72) hours. When it is found that a house is vacant or condemned, the animal may be removed immediately and held for five (5) days. If, in the opinion of the Animal Control Officer, immediate impoundment is necessary for the preservation of the public health or safety, or the health and welfare of the animal, said animal shall be impounded and held for five (5) days, pending contact of the owner or person having control of said animal. K. For the owner or person in charge thereof of any sentry dog to fail, neglect or refuse to keep posted in a conspicuous place at or near the entrance to the premises on which said dog is kept, a sign having letters at least two inches in width and reading "SENTRY DOG ON DUTY." No sentry dog shall be permitted to leave the premises of the owner or person in charge thereof unless such dog is under the immediate control and physical restraint of such owner or person. L. For the owner or person in charge thereof of any vicious dog to fail to comply with an order pursuant to Municipal Code Section 6.04.260. 21 SECTION 6.04.170: Transporting animals. It is unlawful for any person to transport an animal in a motor vehicle upon any street within the City of Temecula unless the animal is fully enclosed within the vehicle or is protected by a belt, two-way tether cage, container or any other device that will prevent the animal from falling, jumping, or being thrown from the motor vehicle. SECTION 6.04.180: Animals unattended in a motor vehicle. A. It is unlawful for any person to leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. B. This section does not prevent a person from taking reasonable steps that are necessary to remove an animal from a motor vehicle if the person holds a reasonable belief that the animal's safety is in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. i. A person who removes an animal from a vehicle in accordance with this section is not criminally liable for actions taken reasonably and in good faith if the person does all of the following: 1. Determines the vehicle is locked or there is otherwise no reasonable manner for the animal to be removed from the vehicle. 2. Has a good faith belief that forcible entry into the vehicle is necessary because the animal is in imminent danger of suffering harm if it is not immediately removed from the vehicle, and, based upon the circumstances known to the person at the time, the belief is a reasonable one. 3. Has contacted a local law enforcement agency, fire department, animal control, or "911" emergency services prior to forcibly entering the vehicle. 4. Remains with the animal in a safe location, out of the elements but reasonably close to the vehicle, until a peace officer, firefighter, animal control officer, or another emergency responder arrives. 5. Uses no more force to enter the vehicle to remove the animal than is necessary under the circumstances. 6. Immediately turns the animal over to a representative from law enforcement, animal control, or another emergency responder who arrives at the scene. C. This section does not prevent a peace officer, firefighter, animal control officer, or other emergency responder from removing an animal from a motor vehicle if the animal's safety appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. i. A peace officer, firefighter, animal control officer, or other emergency responder who removes an animal from a motor vehicle, or who takes possession of an animal that has been removed from a motor vehicle, shall take it to the nearest animal control agency, or other place of safe keeping or, if the officer deems 22 necessary to a veterinary clinic or hospital for treatment. The owner of the animal removed from the vehicle may be required to pay for charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal. ii. A peace officer, firefighter, animal control officer, or other emergency responder is authorized to take all steps that are reasonably necessary for the removal of an animal from a motor vehicle, including but not limited to, breaking into the motor vehicle, after a reasonable effort to locate the owner or other person responsible. iii. A peace officer, firefighter, animal control officer, or other emergency responder who removes an animal from a motor vehicle or who receives an animal rescued from a vehicle from another person shall, in a secure and conspicuous location on or within the motor vehicle, leave written notice bearing the officers name and address of location where said animal can be claimed. The animal may be claimed by the owner only after payment of all charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal and requirements of Municipal Code Section 6.04.150. D. There shall not be any civil liability on the part of, and no cause of action shall accrue against, a person for property damage or trespass to a motor vehicle if the damage was caused while the person was rescuing an animal in accordance with subsection (B) of Municipal Code Section 6.04.180 Animals unattended in a motor vehicle. i. The immunity from civil liability for property damage to a motor vehicle that is established by subsection (D)does not affect a person's civil liability or immunity from civil liability for rendering aid to an animal. E. The City, it's elected officials, employees, volunteers, contractors, or other persons performing work for the City shall not bear any liability, civil or criminal, for damages to property when an animal is removed from a vehicle in accordance with Municipal Code Section 6.04.180 of this code. F. This section shall not be applicable to animals which are in a peace officer's vehicle or an animal control vehicle while such officers are engaged in their regularly assigned duties. G. Nothing in this section shall be deemed to prohibit the transportation of horses, cattle, pigs, sheep, poultry, or other agricultural animals in motor vehicles designed to transport such animals for agricultural purposes. SECTION 6.04.190: Use of streets, sidewalks, and public places. It shall be unlawful for any person to display, sell, offer for sale, barter, or give away, upon any street, sidewalk, or other public place within the City of Temecula as pets or novelties any fish, turtle, snake, lizard, chameleon, bird, cat, dog, fowl, guinea pig, rabbit, or other reptile or animal. SECTION 6.04.200: Traps and cages. Humane traps that have been approved by the Animal Control Officer are permitted within the City of Temecula to be used to confine animals running at large on the private property of persons. 23 A. A sign, clearly visible from the road servicing the property, shall be posted on the property stating that such a trap is in use. B. Trapping shall not continue for more than ten (10) days in a thirty (30) day period, unless monitored by an Animal Control Officer. C. All animals trapped shall be taken to the local shelter or picked up by an Animal Control Officer. D. If the situation is such that this may cause problems to the person trapping, the Animal Control Officer may give permission for trapping without a sign posted as long as the trapped animals are turned over to an Animal Control Officer. SECTION 6.04.210: Crimes against animals. A. Felony or Misdemeanor. Pursuant to State law, every person who maliciously and intentionally maims, mutilates, tortures, or wounds a living animal, or maliciously and intentionally kills an animal, is guilty of an offense punishable by imprisonment in the State prison, or by a fine of not more than $20,000 or by both the fine and imprisonment, or alternatively, by imprisonment in the County jail for not more than one year, or by a fine of not more than $20,000 or by both the fine and imprisonment. B. Pursuant to State law, every person who tortures, deprives of necessary sustenance, drink, or shelter, cruelly beats, mutilates or cruelly kills an animal, or causes or procures any animal who has been tortured, deprived of necessary sustenance, drink, or shelter, and whoever, having the charge or custody of any animal, either as owner or otherwise, subjects any animal to needless suffering, or inflicts unnecessary cruelty upon the animal, or in any manner abuses any animal, or fails to provide the animal with proper food, drink, or shelter or protection from the weather is, for every such offense, guilty of a crime punishable as a misdemeanor or as a felony or alternatively punishable as a misdemeanor or a felony and by a fine of not more than $20,000. i. This subsection (B) applies to any mammal, bird, reptile, amphibian, and fish; if any person is charged with a violation of this subsection (B) and the animal is a mammal, bird, reptile, amphibian, or fish that is an endangered, or threatened species (governed under Fish and Game Sections 2050 through 2098), the proceedings shall be subject to Section 12000 et seq. of the Fish and Game Code. ii. Upon the conviction of a person charged with a violation of this section by causing or permitting an act of cruelty, all animals lawfully seized and impounded with respect to the violation by a peace officer, officer of a humane society, or the City, shall be adjudged by the court to be forfeited and shall thereupon be awarded to the impounding officer for proper disposition. A person convicted of a violation of this section by causing or permitting an act of cruelty shall be liable to the impounding agency for all cost of impoundment from the time of seizure to the time of proper disposition. 24 SECTION 6.04.220: Animal sanitation. A. Any area occupied by any animal is to be maintained in a sanitary manner. Water is to be kept fresh, adequate food provided regularly and feces disposed of on no less than a biweekly basis. Any extreme conditions would be considered a cruelty and would be cited pursuant to Municipal Code Section 6.04.210. B. It shall be unlawful for the owner or person having custody of any dog either willfully or through failure to exercise due care or control to allow said dog to defecate and to allow the feces thereafter to remain on any public or private property not owned or possessed by the owner or the person who has custody, control, or possession of the dog. SECTION 6.04.230: Female dogs and cats in heat (estrus). Dog and cat owners shall securely confine their female dogs and cats while in heat (estrus) within an enclosure in a manner that will prevent the attraction of male dogs or male cats to the immediate vicinity. Any person found in violation of this chapter is guilty of a misdemeanor. SECTION 6.04.240: Isolation of animals — rabies precaution. A. Whenever it is shown that any animal has bitten any person, the owner or persons having the custody or possession thereof shall, upon order of the Animal Control Officer, quarantine it and keep it confined at the owner's expense for a period of ten (10) days for cats and dogs, and fourteen (14) days for all other types of animals; and shall allow the Animal Control Officer or his or her representative to make an inspection or examination thereof any time during such period. Animals quarantined must not be removed from the premises without first obtaining written permission of the Animal Control Officer. The Animal Control Officer shall have the authority to impound any animal at the owner's expense if the owner fails or refuses to confine said animal. B. If it is determined by the Animal Control Officer, after giving the order of quarantine mentioned in this section, that the dog is a vicious dog, although not afflicted with rabies, the Animal Control Officer shall thereupon order the person who owns or has the custody of the dog to take actions to prevent it from biting or having the opportunity of biting any person. Failure to do so on the part of the owner or person having custody of the dog shall constitute a violation of this chapter. C. The Animal Control Officer may, at his or her discretion, post or cause to be posted an appropriate sign on any premises where a dog has been quarantined pursuant to this chapter to warn the public of the fact. It is unlawful for any person to remove the sign posted pursuant to this section without first obtaining written permission of the Animal Control Officer. D. If it appears to the Animal Control Officer that a dog or other animal has rabies, he or she may euthanize such animal forthwith, or hold the animal for further examination for such time as he or she may consider advisable. E. Whenever any animal is bitten by another animal having rabies, or shows any symptoms of rabies, the owner or person having possession of the animal shall immediately notify the 25 Animal Control Officer, and confine the animal, and keep it confined until it is established to the satisfaction of the Animal Control Officer that it does not have rabies. The Animal Control Officer shall have the power to quarantine any such animal or impound it at the owner's expense if the owner or person having possession thereof fails to confine such animal immediately, or in case the owner or person having possession thereof is not readily accessible. F. Whenever the Animal Control Officer determines that an epidemic of rabies exists or is threatened, he or she shall have the authority to take such measures as may be reasonably necessary to prevent the spread of the disease, including the declaration of a quarantine against any or all animals in any area of the City as the Animal Control Officer may determine and define, for a period of not more than one hundred and twenty (120) days. An additional or extended quarantine period may also be declared if the same shall be deemed necessary by the Animal Control Officer for the protection and preservation of the public health, peace, and safety. Any quarantine declared under the provisions of this section other than as restricted herein shall be upon such conditions as the Animal Control Officer may determine and declare. G. The City of Temecula may enter into a written agreement or agreements with any veterinarian licensed by the State of California, or any organized humane society or association, which will undertake to carry out the provisions of this chapter and maintain and operate a pound and license, take up, impound and dispose of animals. Any such veterinarian or society or association which enters into an agreement shall carry out all the provisions of this chapter in the manner herein prescribed. SECTION 6.04.250: Noisy animals. A. Declaration of Noisy Animal as Public Nuisance. It is a public nuisance for any person to cause or permit any animal in his or her care, custody or control, to bark, howl, or cry or make any noises or other sounds so as to annoy and become offensive to a resident or residents in the vicinity in which the animal is kept thereby disturbing the peace of the neighborhood or causing excessive discomfort to any reasonable person of normal sensitivity residing in the area. B. Investigation — Issuance of Notice. Upon receipt of a complaint of a noisy animal, the Sheriff's Department or Animal Control Officer shall investigate such complaint. Based upon such investigation, if the Sheriff or the Animal Control Officer determines that such a nuisance exists or upon receipt of a written complaint signed by the complaining party under penalty of perjury regarding the existence of a noisy animal, the Sheriff or Animal Control Officer shall issue a noisy animal warning notice to the party responsible for the noisy animal. Such notice shall specify that the continued barking, howling, or other noise or sounds of such animal is in violation of the Temecula Municipal Code and that the nuisance must be abated to avoid further action by the City. The notice shall also state that if a further response to the same location is necessary because of the continuation of the public nuisance, the responsible party will be held liable to the City, or its designee, for the amount of the noisy animal response charge as well as for such further abatement proceedings authorized by this chapter. Such notice shall be served upon the responsible 26 party or, if such notice cannot be safely made, posted at the premises upon which the animal is located. A copy of the noisy animal warning notice shall be filed with the Animal Control Director. The Animal Control Director, or his or her designee, shall make a reasonable attempt to speak with the responsible party regarding the noisy animal warning notice within five days of its issuance. If within five (5) days of the issuance of the noisy animal warning notice the Animal Control Director determines that the barking, howling, or other sound or cry was provoked and that such barking, howling, or other sound or cry was not excessive, unrelenting, or habitual, the Animal Control Director shall cause the noisy animal warning notice to be voided and the person to whom it was issued shall be so notified. Once voided, the noisy animal warning notice shall not be considered to have been issued for purposes of this chapter. C. Notice of Hearing. When the Animal Control Director receives a second verbal or written complaint concerning a noisy animal at the same location within six (6) months after the issuance of a noisy animal warning notice, the Animal Control Director, or his or her designee, shall determine if the noisy animal warning notice went unheeded. If the determination is made that the nuisance was not abated, the matter shall be set for hearing before an independent hearing officer designatedby the Animal Control Agency (the "Animal Control Hearing Officer") and notice of hearing shall be issued by the Animal Control Director, or his or her designee, to the owner or person having charge, custody, or control of the animal. The notice of hearing constitutes written notice of violation of the Temecula Municipal Code and shall include the date, place, and time of the hearing. The notice of hearing shall advise that the person having charge, custody, or control of the animal may present evidence at the hearing. The notice of hearing shall be personally served or posted upon the premises where the animal is kept and sent by certified mail, return receipt requested. In addition, the notice of hearing shall be delivered to any interested parties requesting notice of the hearing. D. Hearing. The hearing before the Animal Control Hearing Officer shall be open to the public. The Animal Control Hearing Officer shall conduct the hearing and may admit all relevant evidence of the type that reasonable people rely on the course of serious affairs, notwithstanding the California Evidence Code, including incident reports and affidavits of witnesses. The Animal Control Hearing Officer may decide all issues even if the owner or person in charge, custody, or control of the animal fails to appear at the hearing. The Animal Control Hearing Officer may find, upon a preponderance of the evidence, that the animal is a noisy animal and that the maintenance of such noisy animal is a public nuisance. The City Council of the City of Temecula may, by resolution, establish procedures and requirements for the notice and conduct of the hearing. E. Determination and Order. Within ten (10) working days after the conclusion of the hearing held pursuant to subsection (D) of this section, the Animal Control Hearing Officer shall by certified mail, return receipt requested, notify the owner(s) or person(s) having charge, 27 custody, or control of the animal of the Officer's determination and any orders issued. If the Animal Control Hearing Officer determines that the animal is a noisy animal and that the maintenance thereof is a public nuisance, the owner or keeper of the animal shall comply with the Animal Control Hearing Officer's order within five days after the date of the mailing of the determination and order. The decision of the Animal Control Hearing Officer shall be final, subject to the provisions of State law. F. Administrative Abatement Measures. The Animal Control Hearing Officer may, as part of its determination that the animal is a noisy animal and the maintenance thereof a public nuisance, direct that appropriate actions be taken to abate the nuisance, including without limitation one or more of the following: i. Containment of the animal within an enclosed building on the premises of the animal's owner or of the person in charge, custody, or control of the noisy animal. ii. Require that the animal wear a noise suppression device obtained at the expense of the owner of the animal to reduce or eliminate the noise creating the nuisance. iii. Require that the animal undertake obedience training designed to abate the nuisance problem when appropriate and under the conditions imposed by the Animal Control Hearing Officer and at the expense of the animal's owner or the person having charge, custody, or control of said animal. iv. Restrict the time of day, days of the week, and duration when the animal may be placed out-of-doors on the premises of the owner or person in charge, custody, or control of the animal. v. Require the animal to be debarked at the expense of the owner of said animal. vi. Require the owner or person in charge, custody, or control of the animal to permanently remove the animal from said property and outside the City limits vii. Require that the animal be impounded at the expense of the owner or person in charge, custody, or control of the animal in accordance with the fee schedule established pursuant to Municipal Code Section 6.04.020. G. Noisy Animal Response Charge. The following shall apply on a subsequent noisy animal response by a Sheriff or Animal Control Officer within six months after the issuance of a noisy animal warning notice to a responsible party: i. A noisy animal response charge shall be imposed if a subsequent response by a Sheriff or an Animal Control Officer is necessary to control or abate the public nuisance created by the noisy animal or to protect the public peace, health, or general welfare after the issuance of a noisy animal warning notice to a responsible party. The noisy animal response charge shall not exceed the actual and reasonable costs incurred in connection with the actions taken pursuant to this part. The provisions of this section are in addition to any other provisions of this chapter and any other provisions regarding public nuisances and shall supplement, not supplant the exercise of any other applicable law or ordinance. ii. The Animal Control Director, or his or her designee, shall notify the Finance Department in writing of the name and address of the person(s) responsible for the noisy animal, the date and time of the incident, the services performed, any additional services which are required, and such other information as may be necessary. The Finance Department shall thereafter cause appropriate billing of 28 the noisy animal response charge to be made to the responsible party. Such charge shall be paid within thirty (30) days of the date of the issuance of the billing and at the direction of the City may be paid directly to the Animal Control Agency. iii. Any noisy animal response charge charged pursuant to this section shall be deemed a civil debt owing to the City by the responsible party. iv. Any person receiving a bill for a noisy animal response charge may, within fifteen (15) days after the date of issuance of the bill, file a written request with the Animal Control Director appealing the charge imposed. The City shall withhold on collection of the bill pending the decision on the appeal. The Animal Control Director shall set the matter for hearing before the Animal Control Hearing Officer, which hearing shall be within fifteen (15) business days after receipt of the appeal. The Animal Control Officer shall issue a written decision on the appeal within ten (10) days of the close of the hearing, which decision shall be mailed by certified mail, return receipt requested to the appellant. The decision of the Animal Control Hearing Officer shall be final. If, after the hearing before the Animal Control Hearing Officer, the appeal is denied in part or in whole, all amounts due to the City shall be paid within thirty (30) days of the date of the mailing of the decision of the Animal Control Hearing Officer. SECTION 6.04.260: Vicious or unsafe animals. A. Vicious or Unsafe Dogs. A person owning or having charge of a vicious or unsafe dog shall confine it within a building or secure enclosure except that it may be permitted off the premises only when securely muzzled, leashed, and under the control of a person eighteen (18) years of age or older and who is physically capable of restraining said animal. B. Abatement of Vicious or Unsafe Animals. Within the City of Temecula there are unconfined or uncontrolled vicious or unsafe animals which constitute a public nuisance which should be abated. The provisions of this chapter provide an administrative procedure by which animals found to be a nuisance may be abated following a hearing at which oral and documentary evidence is considered. This chapter is intended to supplement rather than supplant any other remedy available under State law. C. Investigation. Any animal confined pursuant to subsection (A) of this section for biting a human being and any incident reported either to the Sheriff's Department or the Animal Control Officer concerning a vicious or unsafe animal(s) shall be investigated by the Sheriff or his or her designee or the Animal Control Officer. Based on the investigation, if either the Sheriff's Department or the Animal Control Officer has reasonable cause to believe that the animal is vicious or unsafe, and there is need to abate the animal as a vicious or unsafe animal, he or she shall so certify to the Animal Control Agency in writing within ten (10) days following completion of the investigation. A copy of the certification shall be mailed to the person owning or controlling the animal. D. Confinement of Vicious or Unsafe Animal. Whenever the Sheriff's Department or the Animal Control Officer or his or her designee has reasonable cause to believe that an animal is vicious or unsafe and that it constitutes an imminent threat to the health or safety of persons, of animals or property of another and if the Officer after reasonable 29 investigation is unable to locate the owner, or if the owner is unwilling or unable to take the necessary steps to confine the animal in a manner ordered by the Officer, the Officer may immediately seize and impound the animal. The animal shall be returned to its owner only if the Officer is satisfied that the owner will confine the animal as ordered. If the owner fails or refuses to make such arrangements for the confinement of the animal, the Sheriff's Department or the Animal Control Officer shall issue an order directing the owner to appear at a designated hearing, as provided pursuant in this section, to show why such animal shall not be declared a nuisance and to have said nuisance abated and to prevent the nuisance and to perpetually enjoin the person maintaining it, and the owner, lessee or agent of the building, or place, in or upon which the animal exists, from maintaining or permitting it. E. Scheduled Hearing. A hearing date shall be set no later than twenty-five (25) days from the date of certification of a vicious or unsafe animal. The Animal Control Agency or Animal Control Officer shall mail or otherwise deliver notice of the hearing to the owner or person controlling the animal, the owner of the real property in which the animal is kept and may mail notice to the interested persons. F. Hearing. The hearing shall be held by the City's contracted Animal Control Agency as that Animal Control Agency designates pursuant to the procedures set by California Food and Agriculture Code Section 31601 et seq. At the hearing, which may be continued from time to time, both oral and documentary evidence may be taken from any interested person and considered in determining whether the animal is vicious or unsafe. Strict rules of evidence need not apply. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely on in the conduct of serious affairs. The decision of the Animal Control Agency shall be supported by the weight of the evidence and shall be final subject to California Food and Agriculture Code Section 31621 et seq. The City Council may establish procedures for the notice and conduct of the hearing. G. Finding — Public Nuisance. If, based upon the hearing, the Animal Control Agency finds that the animal is vicious, unsafe, or noisy and requires abatement, it shall so specify in writing together with the reasons therefor. Any animal found to be vicious, unsafe, or noisy and subject to abatement is hereby deemed a public nuisance and shall be, pursuant to the order of the Animal Control Agency, humanely euthanized, or the nuisance otherwise abated by appropriate order including, but not limited to, confinement, muzzling, fencing, leashing, noise suppression device, obedience training, debarking, or permanent removal of the animal from said property and outside the City limits. The owner of any vicious or unsafe animal that is not required to be humanely euthanized may be required by the Animal Control Agency to have liability insurance or bond in appropriate specified amounts for the specified time. Such insurance or bond shall insure to the benefit of persons who may be subsequently injured or damaged by said animal. The decision of the Animal Control Agency shall be made within ten (10) days after the conclusion of the hearing and shall be final. A copy of the decision shall be sent by registered mail or otherwise delivered to the person owning or controlling the animal and to the Animal Control Agency. The decision of the Animal Control Agency shall be final for all purposes subject to California Food and Agriculture Code Section 31621 et seq. 30 H. Cost of Impoundment. If the Animal Control Agency finds the animal is vicious, unsafe, or noisy and subject to abatement, the costs of impoundment including all cost of abatement shall be paid by the owner of the real property or the person owning or controlling the animal and shall become a lien against the real property upon which the animal was kept and maintained until said assessment is paid. If the Animal Control Agency finds that the animal is vicious or unsafe but not subject to abatement, or if the order includes the release of the animal found to be vicious, unsafe, or noisy to the owner or person controlling it, the animal shall not be released until such costs have been paid in full. If such costs have not been paid within fourteen (14) days after the date of mailing or delivery of the order, the Animal Control Agency may order the disposition of the animal in any manner provided by law. No fees provided for by this chapter shall be assessed if the animal is found not to be vicious, or unsafe. I. Payment of Assessment. The assessment shall be due and payable within fourteen (14) days after the date of mailing or delivery of the order. If the assessment is not paid on or before said date, the total amount thereof may be entered on the next fiscal year tax roll as a lien against the property upon which the animal was maintained and shall be subject to the same penalties as are provided for other delinquent taxes or assessments of the City of Temecula, or an action may be brought in the name of the City to recover the costs of impoundment and/or abatement. J. Vicious or unsafe animal registration fee. An animal that has been deemed vicious or unsafe will be required to be registered with the animal Control Agency in addition to obtaining all other necessary licenses. The fees for registering a vicious animal license are established in Municipal Code Section 6.04.020. Failure to renew the registration will result in the impoundment of the animal and a citation will be issued as a misdemeanor. SECTION 6.04.270: Exotic animals or wild animals. The keeping of exotic animals, including the keeping of exotic animals as pets shall require a Conditional Use Permit in accordance with Municipal Code Table 6.08.010 Animal Keeping Standards and Municipal Code Section 17.04.010 Conditional Use Permits. Wild animals shall not be kept as pets. SECTION 6.04.280: Violation — Penalty. Any violation of any of the requirements of this chapter shall be an infraction and any violator may be punished pursuant to Section 1.20.010 et seq., of this code. Notwithstanding the foregoing, any violation of any of the requirements of this chapter may be prosecuted as an administrative civil action pursuant to Chapter 1.21 of this code. SECTION 6.04.290: Constitutionality — Severability. If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portion of the chapter. 31 CHAPTER 6.06: MANDATORY SPAYING, NEUTERING AND MICROCHIPPING Sections: 6.06.010 Definitions 6.06.020 Mandatory spaying and neutering of dogs and cats. 6.06.030 Mandatory microchipping of dogs and cats. SECTION 6.06.010: Definitions. A. "Altered" means an animal rendered incapable of reproducing by means of surgical methods, a male animal that has been neutered or a female animal that has been spayed. Also referred to as a sterile animal. B. "Competition cat" means a cat used to show, compete, or breed, and is a breed registered with the Cat Fanciers' Association (CFA) or another valid registry approved by the Animal Control Agency. C. "Competition dog" means a dog used to show, compete, or breed, and is a breed registered with the American Kennel Club (AKC), United Kennel Club (UKC), American Dog Breeders Association (ADBA), or another valid registry approved by the Animal Control Agency. D. "Hobby breeder" means a person who seeks to not alter their dog or cat to potentially breed the dog or cat and sell the offspring for money or another consideration, and does not have a kennel, cattery, or pet shop permit/license. E. "Impounded" means an animal having been received into the custody of any animal control center, animal control officer, animal control vehicle, or peace officer authorized by the City under the provisions of this chapter. F. "Microchip" means a radio -frequency identification transponder that is surgically implanted beneath the animals skin that carries a unique identification number traceable to the documented owner, and is roughly the size of a grain of rice. G. "Service animal" means any dog, and in some cases described below, a miniature horse, being reared, trained or used for the purpose of performing tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing 32 physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition. i. Miniature horses may be considered "service dogs" if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability and meets the requirements of section 35.136 of Title 28 of the Code of Federal Regulations. H. "Unaltered" means a dog or cat, four months of age or older, that has not been spayed or neutered. A condition that exists in an animal which permits the producing of offspring. SECTION 6.06.020: Mandatory spaying and neutering of dogs and cats. A. Altered dogs and cats. i. Requirement. No person may own, keep, or harbor an unaltered dog or cat over the age of four months in violation of this section. An owner or custodian of an unaltered dog must have the dog spayed or neutered, or provide a certificate of sterility, or obtain an unaltered exempt license or obtain a hobby breeder license in accordance with this chapter. An owner or custodian of an unaltered cat must have the animal spayed or neutered, or provide a certificate of sterility, or obtain a hobby breeder license in accordance with this chapter. ii. Exemptions. This section shall not apply to any of the following and any exempt animals are required to obtain an unaltered exempt license: 1. A dog with a high likelihood of suffering serious bodily harm or death if spayed or neutered, due to age or infirmity. The owner or custodian must obtain written confirmation of this fact from a California licensed veterinarian. If the dog is able to be safely spayed or neutered at a later date, that date must be stated in the written confirmation; should this date be later than thirty (30) days, the owner or custodian must apply for an unaltered dog license. 2. A cat with a high likelihood of suffering serious bodily harm or death if spayed or neutered, due to age or infirmity. The owner or custodian must obtain written confirmation of this fact from a California licensed veterinarian. If the cat is able to be safely spayed or neutered at a later date, that date must be stated in the written confirmation. 3. Animals owned by recognized dog or cat breeders, as defined by City or Animal Control Agency. 4. Female dogs over the age of ten (10) years and male dogs over the age of twelve (12) years; however, an unaltered exempt license is still required. 5. Animals used by law enforcement agencies for law enforcement purposes. 6. A qualified service animal. The person owning or having custody of the animal must have a service animal license and tag issued by the Animal Control Agency. 7. A competition dog or cat that meets the following requirements: 33 a. The dog must have competed in at least one dog show or sporting competition approved by a national registry or the Animal Control Agency within the last three -hundred and sixty-five (365) days; or the dog has earned a conformation, obedience, agility, carting, herding, protection, rally, sporting, working, or other title from a purebred dog registry referenced above or other registry or dog sport association approved by the Animal Control Agency; or the owner or custodian of the dog is a member of a purebred dog breed club, approved by the Animal Control Agency, which enforces a code of ethics that includes restrictions on breeding dogs with genetic defects or life -threatening health problems. b. The cat must have competed in at least one cat show approved by a national registry or the Animal Control Agency; or the cat has earned a conformation title from a purebred cat registry; or the owner or custodian of the cat is a member of a purebred cat breed club, approved by the Animal Control Agency, which enforces a code of ethics that includes restrictions on breeding cats with genetic defects or life - threatening health problems B. Hobby Breeder License. A dog or cat may be exempt from subsection (A) of this section if the owner or custodian is a hobby breeder and obtains a hobby breeder license for each dog and/or cat. Each license authorizes the birth of no more than one (1) litter per animal in any twelve (12) month period. Breeding more than one (1) litter per year will result in penalties. C. Control of Unaltered Cats. In accordance with subsection (A) of this section, it is unlawful for any person to own, harbor or keep any unaltered cat four (4) months of age or older within the City of Temecula. The City or Animal Control Agency may take steps to mitigate the impact of feral cat populations in compliance with this law which may include spay and neuter services and/or trap and release programs. D. Denial or Revocation of Unaltered Exempt License or Hobby Breeder License and Reapplication. i. The Animal Control Agency may deny or revoke an unaltered exempt license or hobby breeder license for one or more of the following reasons: 1. The owner, custodian, applicant or licensee is not in compliance with all of the requirements of this section; 2. The Animal Control Agency has received at least three (3) complaints, verified by the agency, that the owner, custodian, applicant, or licensee of an unaltered dog or cat has allowed it to run at large, or has otherwise neglected it or another animal; 3. The owner, custodian, applicant, or licensee has been previously cited for violating a State law, City code or other municipal provision relating to the care and control of animals; 4. The unaltered dog has been adjudicated by a court or an agency of appropriate jurisdiction to be potentially dangerous, dangerous or vicious, 34 or to be a nuisance within the meaning of the Temecula Municipal Code or under State law; 5. Any unaltered exempt license held by the applicant or hobby breeder license has previously been revoked; 6. The license application is discovered to contain a material misrepresentation or omission of fact. ii. Reapplication for Unaltered Exempt License or Hobby Breeder License. 1. When an unaltered exempt license or hobby breeder license is denied, the applicant may reapply for a license upon changed circumstances and a showing that the requirements of this chapter have been met. The Animal Control Agency shall refund one-half of the license fee when the application is denied. The applicant shall pay the full fee upon reapplication. 2. When an unaltered exempt license or hobby breeder license is revoked, the owner or custodian of the dog or cat may apply for a new license after a 30- day waiting period upon showing that the requirements of this chapter have been met. No part of an unaltered exempt license or hobby breeder license fee is refundable when a license is revoked, and the applicant shall pay the full fee upon reapplication. E. Appeal of Denial or Revocation of Unaltered Exempt License or Hobby Breeder License. i. Request for hearing. 1. Notice of Intent to Deny or Revoke. The Animal Control Agency shall mail to the owner, custodian, licensee, or applicant a written notice of its intent to deny or revoke the license for an unaltered dog or cat which includes the reason(s) for the denial or revocation. The owner, custodian, licensee or applicant may request a hearing to appeal the denial or revocation by filing such request with the Animal Control Agency. The request must be made in writing within fifteen (15) days after the notice of intent to deny or revoke is mailed. Failure to submit a timely written hearing request shall be deemed a waiver of the right to appeal the license denial or revocation. 2. Administrative Hearing. The hearing shall be conducted by the Animal Control Agency. 3. Notice and Conduct of Hearing. The Animal Control Agency or its designee shall mail a written notice of the date, time, and place for the hearing not less than ten (10) days before the hearing date. The hearing date shall be no more than forty-five (45) days after the Animal Control Agency receipt of the request for a hearing. The hearing will be informal, and the rules of evidence will not be strictly observed. The Animal Control Agency shall prepare and mail a written decision to the owner or custodian after the hearing. The decision of the hearing officer shall be the final administrative decision. The City Council may by resolution establish procedures for the notice and conduct of the hearing. ii. Change in Location of Unaltered Dog or Cat. If the dog is moved after the Animal Control Agency has issued a letter of intent to deny or revoke, but has not yet denied or revoked the license, the owner, custodian, licensee, or applicant must provide the Animal Control Agency with information as to the dog's 35 whereabouts, including the current owner's or custodian's name, address, and telephone number. F. Transfer, Sale, and Breeding of Unaltered Dog or Cat. i. Offer for Sale or Transfer of Unaltered Dog. An owner or custodian who offers any unaltered dog over the age of four (4) months of age for sale, trade, or adoption must include a valid unaltered dog license number with the offer of sale, trade or adoption, or otherwise state and establish compliance with this section. An owner or custodian of an unaltered dog must notify the Animal Control Agency of the name and address of the transferee within ten (10) days after the transfer. The unaltered license and microchip numbers must appear on a document transferring the animal to the new owner. ii. Offer for Sale or Transfer of Unaltered Cat. An owner or custodian of an unaltered cat must notify the Animal Control Agency of the name and address of the transferee within ten (10) days after the transfer. The microchip numbers must appear on a document transferring the animal to the new owner. G. Penalties. Penalties issued for failure to spay or neuter a dog or cat shall be enforced as set forth below: i. Any violation of any of the requirements of this chapter shall be an infraction and any violator may be punished pursuant to Section 1.20.010 et seq., of this code. Notwithstanding the foregoing, any violation of any of the requirements of this chapter may be prosecuted as an administrative civil action pursuant to Chapter 1.21 of this code. ii. Should the owner or custodian of an unaltered dog or cat be found in violation of a State or local law, as stated above in subsection (A) of this section, the owner or custodian shall be required to spay or neuter the unaltered dog or cat in accordance with this section and waive the fine for the spay or neuter violation, or may qualify and purchase an unaltered exempt license, or purchase a hobby breeder license. H. Impoundment of unaltered dog or cat. i. When an unaltered dog or cat is impounded pursuant to State and/or local law, in addition to satisfying applicable requirements for the release of the animal, including but not limited to payment of impound fees pursuant to Municipal Code Section 6.04.020, the owner or custodian shall also do one of the following: 1. Provide written proof of the dog's or cat's prior sterilization, if conditions cannot or do not make this assessment obvious to Animal Control Agency personnel; or 2. Have the dog or cat spayed or neutered by an Animal Control Agency veterinarian at the expense of the owner or custodian. Such expense may include additional fees due to extraordinary care required; or 3. At the discretion of the Animal Control Agency, the dog or cat may be released to the owner or custodian if he or she signs a statement under penalty of perjury, representing that the dog or cat will be spayed or neutered and that he or she will submit a statement within ten (10) days of 36 the release, signed by a California licensed veterinarian, confirming that the dog or cat has been spayed or neutered or is incapable of breeding; or 4. If the owner or custodian demonstrates compliance with this section. ii. Costs of Impoundment. 1. The owner or custodian of the unaltered dog or cat shall be responsible for the costs of impoundment, which shall include daily board costs, vaccination/medication, and any other diagnostic or therapeutic applications in accordance with Municipal Code Section 6.04.020. 2. The costs of impoundment shall be a lien on the dog or cat, and the unaltered animal shall not be returned to its owner or custodian until the costs are paid or other arrangements are made including, but not limited to, a payment plan. If the owner or custodian of an impounded unaltered animal does not pay the lien against it in full within fourteen (14) days, the animal shall be deemed abandoned and become the property of the Animal Control Agency. I. Fees and fines. i. All fees and fines associated with this section shall be set according to resolution adopted by the City Council, which may be amended from time to time. ii. All costs and fines collected under this part and the fees collected under this section shall be paid to the Animal Control Agency on behalf of the City to defray the cost of the implementation and enforcement of this program. SECTION 6.06.030: Mandatory microchipping of dogs and cats. A. All dogs and cats over the age of four months must be implanted with an identifying microchip. The owner or custodian is required to provide the microchip number to the Animal Control Agency and shall notify the Animal Control Agency of any change of ownership of the dog or cat, or any change of address or telephone number. B. Exemptions. The mandatory microchipping requirements shall not apply to any of the following: i. A dog or cat with a high likelihood of suffering serious bodily injury, if implanted with the microchip identification, due to the health conditions of the animal. The owner or custodian must obtain written confirmation of that fact from a California licensed veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip at a later date, that date must be stated in the written confirmation. ii. A dog or cat which would be impaired of its athletic ability or performance if implanted with the microchip identification. The owner or custodian must obtain written confirmation of that fact from a California licensed veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip at a later date, that date must be stated in the written confirmation. iii. A dog or cat that is kenneled or trained in the City of Temecula but is owned by an individual who does not reside in the City of Temecula. The owner or custodian must keep and maintain the animal in accordance with the applicable laws and ordinances of the jurisdiction in which the owner or custodian of the 37 animal permanently resides, including but not limited to the applicable licensing and rabies vaccination requirements of that jurisdiction. iv. A dog or cat over the age of ten (10) years. C. Transfer, sale of dogs and cats. i. An owner or custodian who offers any dog, over the age of four months, for sale, trade, or adoption must provide the microchip identification number and the valid dog license number with the offer of sale, trade, or adoption. The license and microchip numbers must appear on a document transferring the dog to the new owner. The owner or custodian shall also advise the Animal Control Agency of the name and address of the new owner or custodian in accordance with subsection (A) of this section. An owner or custodian who offers any dog, over the age of four months, for sale, trade, or adoption and fails to provide the Animal Control Agency with the name and address of the new owner is in violation of this chapter and shall be subject to the penalties set forth herein. ii. An owner or custodian who offers any cat, over the age of four months, for sale, trade, or adoption must provide the microchip identification number with the offer of sale, trade or adoption. The microchip numbers must appear on a document transferring the cat to the new owner. The owner or custodian shall also advise the Animal Control Agency of the name and address of the new owner or custodian in accordance with subsection (A) of this section. An owner or custodian who offers any cat, over the age of four months, for sale, trade, or adoption and fails to provide the Animal Control Agency with the name and address of the new owner is in violation of this chapter and shall be subject to the penalties set forth herein. iii. When a puppy or kitten under the age of four months implanted with microchip identification is sold or otherwise transferred to another person, the owner or custodian shall advise the Animal Control Agency of the name and address of the new owner or custodian and the microchip number of the puppy or kitten within ten (10) days after the transfer. If it is discovered that an owner or custodian has failed to provide the Animal Control Agency with the name and address of the new owner and the microchip number of the puppy or kitten, the owner or custodian shall be subject to the penalties set forth in this chapter. D. Impoundment of un-microchipped dog or cat. When an impounded dog or cat is without microchip identification, in addition to satisfying applicable requirements for the release of the animal, including but not limited to payment of impound fees pursuant to Municipal Code Section 6.04.020, the owner or custodian shall also do one of the following: i. Have the dog or cat implanted with an Animal Control Agency microchip by an Animal Control Agency registered veterinarian technician or veterinarian or designated personnel at the expense of the owner or custodian; ii. At the discretion of the Animal Control Agency, the dog or cat may be released to the owner or custodian if he or she signs a statement, under penalty of perjury, representing that the dog or cat will be implanted with a microchip and that he or she will submit a statement within ten (10) days of the release, signed by a California licensed veterinarian, confirming that the dog or cat has been so 38 implanted, and provides the microchip number to the Animal Control Agency or allows the Animal Control Agency to scan the dog or cat for the microchip to verify. E. Fees for microchip identification device. i. The fee for an identifying microchip device shall be included in the cost of adoption when adopting a dog or cat from an animal shelter operated by the Animal Control Agency. ii. If an animal has already been implanted with an identifying microchip device by some other facility, there will be no fee to have the identification microchip number entered into the Animal Control Agency's registry as required by subsection (A) of this section. F. Fines and fees. i. All fees and fines associated with this section shall be set according to resolution adopted by the City Council and may be amended from time to time. ii. All costs and fines collected under this section and the fees collected under this section shall be paid to the Animal Control Agency on behalf of the City to defray the cost of the implementation and enforcement of this program. CHAPTER 6.08: ANIMAL KEEPING STANDARDS Sections: 6.08.010 Animal Keeping Standards Table SECTION 6.08.010: 39 TABLE 6AS.OIO ANIMAL KEEPING STANDARDS"''4 Type of Animal or Use Minimum Lot Size Maximum Number I 7ning Sethack/ Separation Requirements Additional IrtI.—Ition AN IMAL AN D AS RI CU LTURAL USESIKEEPI IN IS PERM TIED By RIGHT Four hundred (400) foot minimum setback of all All zones except: Hillside bee hives, apiaries or boxes housing beesfrum any Residential(HR), Hillside public streets or highways, day care, educational A source offresh water shall be A caries or Beekeeping p p g 0.5 acres N A 7 Residential -Santa Margarita institution, ark, propertylineto a different made continuous) available (HR-SM), and ownership, ortom any dwelling or place of human on site for the bees OpenSpace/Conservation h abitati on other th a n that oc c u pied by the owner (DS/DS-C( or caretaker of the bees. Cat,a n d Dogs Any pa reel of a ny zoni ng designation with a permitted N/A (for accessorystructure requirement—TMC Only animals over 4 months of Single-familydwellings N/A Any combination of 4 cats or dogs. and occupied residential Title 17) age are counted structure on site. Multiple-familydwellings N/A Any combination of 4 cats or dogs - AI I zones except: Low Med i u m Residential (LM), Hillside All animals shall be kept a minimum distance of First half (0.5) acre- 2large animals Residential (HR), Hillside 75 feet from the property line of any adjacent 0.5 aloes Residential -Santa Margarita residence, day care, oreducational institution, Only animals over 12 months Each additional half (0.5) acre-1 additional (HR-SM), and hospital or church that is located on adjacent of age are counted Large An im a Is large animal OpenSpace/Conservation property. (Cattle, Horses and Mules( (OS/05-C( Greater than 1 Detre 50 Birds/acre All zones except: Hillside All animals shall be kept a minimum distance of Residential(HR), Hillside 75 feet from the property line of any adjacent Less than 0.5 acres 24 Birds Residential -Santa Margarita residence, day care, oreducational institution, Only animals over 3 months of (HR-SM), and hospital or church that is located on adjacent age are counted Outdoor Aviary OpenSpace/Conservation (All birds must heconfined) (OS/OS-C) property. G reater tha n 1.0 ac re' 50 poultry/acre AI I zones except: High Density Residential (H), Hillside All animals shall be kept a minimum distance of Less than 1.0 acres 12 poultry Resi denti a I(H R), H i ))side 75 feet from the property l ire of any adj a cent Only animals over 3 months of Residential -Santa Margarita residence, day care, oreducational institution, age are counted (HR-SM), and hospital or church that is located on adjacent Poult 'c LM & M zoned property''° 4 poultry OpenSpace/Conservation property - (All poultry to be contained) (OS/OS-C( At I zones except: Low Med i u m Resi dentia I(LM), H i ))side All animals shall be kept a minimum distance of First half 10 5) acre- 2 small animals Residential (HR), Hillside 75 feet from the property line of any adjacent O 5 acres Residential -Santa Margarita residence, day care, oreducational institution, Only animals over 6 months of Small Animals Each additional half 10.5) acre-3 additional (HR-SM), and hospital or church that is located on adjacent age are counted (Burros, Goats, Pigs, Ponies, and small animals OpenSpace/Conservation property. Sheep) (05/05-C) ANIMAL USES/KEEPING THAT REQUIRE A CONDITIONAL USE PERMIT Set by conditional use permit In no caseshall setback from property lines be See a Isa TMC 17.04.010: Animal Shelter N/A Set by conditiona I use permit. CC, H7, SC, BP, LI less th an th at of the properties zon i ng design ati on Cond itiona l use Permit per TMC Title 17. Set by conditional use permit Commercial Kennels, In no caseshall setbackilrom property lines be Seealsa TMC 17.04.030: Commercial Catteries, or N/A Set by conditional use permit. CC, SC, BP, LI lessthan that of the properties zoning designation Conditional use Permit Cat/Dog Tra in Ing Center per TMC Title 17. All zones except Hillside Residential(HR), Hillside Set by conditional use permit Commercial Frog Farms N/A Set by conditiona I use permit. Residential -Santa Margarita In no caseshall setback1rom property lines be See a Isa TMC 17.04.010- (HR-SM), and lessthan that ofthe propertieszoning designation Conditional use Permit OpenSpace/Conservation perTMCTitle 17. (OS/OS-C) All zones except Hillside The keeping of exotic animal('), Residential(HR), Hillside Set by con d iti on a l use perm it inlcuding keepingexotic Minimum set by Conditional Eby conditional use permit. Residential -Santa Margarita In no caseshall setbackirom property lines be See also TMC 17.04.030: animals as pets or novelties. Use Perm it. (HR-SM), and lessthanthatof the properties zoning designation Conditional use Permit OpenSpace/Conservation perTMCTitIe17. (OS/OS-C) The commercial m isi ng of more All zones except Hillside than four chinchilla, nutria, Residential(HR), Hillside Set by conditional usepermit hamsters,guinea pigs,cavy, N/A Set by cord itiona l use permit. Residential -Santa Margarita In no caseshall setback1rom property lines be See a Iso TM C 17.G4.010: rabbit,, and simila—miall (HR-SM), and lessthan that ofthe propertieszoning designation Conditional use Permit OpenSpace/Conservation perTMCTitle 17. animals. (OS/OS-C) All zones except Hillside Residential(HR), Hillside Set by conditional use permit Residential -Santa Margarita In no caseshall setbackilrom property lines be See also TMC 17 04010: Commercial Worm Farms N/A Set by oond itiona l use permit. (HR-SM), and lessthan that ofthe propertieszoning designation Conditional use Permit OpenSpace/Conservation perTMCTitle 17. (os/Os-c( NOTES: i : These standards on ly a ppl y to properties located within a specific plan area, planned development overlay or similar overlay zoning designation when said zoning document does not adequately address the su bject or standards of animal keeping- 2 : AII uses fou n d in this Table are found incompatible with the Hillside Residential (H R) and Open Space -Conservation (OS-C) Zoning designations and are not permitted- 3 : In n o event sh a I I there be any I im it to the permissible number of sheep wh ich may be grazed per a cre, where suc h grazi ng operati on is conducted on fields for the purposes of c lean ing up unharvested crops, stubble, volunteer or wild growth where such grazing operation is not conducted for marathon four weeks in any six-month period. Concentrated lot feedi ng and commercial poultry and/or rabbit raising are not permitted in a ny mni ng designation within the City. s: The keeping of roosters or crowing fowl, of any species, is prohibited within the City_ 5: Properties with the zoning designation LM and Mare allowed a maximum of 4 poultry- 7: All calculations for the number of animals permitted on a lot shall round down to the nearest whole number. 40 CHAPTER 6.12: ANIMALS RUNNING AT LARGE Sections: 6.12.010 Prohibited generally. 6.12.020 Exemption. 6.12.030 Impoundment. 6.12.040 Disposition of rabid or disabled animals. 6.12.050 Disposition — Cows, horses and burros. 6.12.060 Disposition — Other animals. 6.12.070 Sale — Notice. 6.12.080 Sale — Procedure. 6.12.090 Sale — Disposition of moneys. 6.12.100 Redemption— When. 6.12.110 Redemption— Costs. SECTION 6.12.010: Prohibited generally. No person owning or having charge of any animal or fowl shall permit the same to be at large on any highway, street, sidewalk, lane, alley or other public place, or upon any private property other than that of the person owning or having charge of such animal or fowl unless such owner or person having charge of such animal or fowl has the consent of the owner of the private property. SECTION 6.12.020: Exemption. This chapter shall not prohibit leading, driving, riding or conducting animals under adequate supervision along a public highway. SECTION 6.12.030: Impoundment. It shall be the duty of the Animal Control Officer to take up and impound all animals found at large upon any highway, street, sidewalk, land, alley or other public place, or upon any private property without its owner's consent. The Animal Control Officer may contract with any person to keep, feed and care for any such animal at reasonable rates for not more than twenty (20) days. SECTION 6.12.040: Disposition of rabid or disabled animals. If it appears to an Animal Control Officer from the report of a licensed veterinarian or other qualified person that an animal is afflicted with rabies, he or she shall humanely euthanize such animal and shall take such other action as may be required by law and as he or she deems necessary to prevent the spread of such disease. He or she may humanely euthanize any sick, disabled, infirm or crippled animal found at large if he or she is unable to identify and locate the owner. SECTION 6.12.050: Disposition — Cows, horses, and burros. If the Animal Control Officer impounds any bovine animal, horse, mule, or burro, and if such animal is not reclaimed within five (5) days thereafter, the Animal Control Officer shall notify the State Director of Agriculture in accordance with the provisions of Food and Agricultural Code Section 17003. If the Director of Agriculture does not, within five (5) days after notice, elect to dispose of any horse, mule or burro, then the Animal Control Officer shall sell such animal in accordance with this chapter. 41 SECTION 6.12.060: Disposition — Other animals. If any animal other than a domestic bovine animal, horse, mule or burro, and except an animal afflicted with rabies, impounded by the Animal Control Officer, is not reclaimed within two (2) days thereafter, it shall be sold by the Animal Control Officer after giving notice of sale in accordance with Municipal Code Section 6.12.070. SECTION 6.12.070: Sale — Notice. The notice of sale shall contain a description of the animal, including any identifying marks or brands, the date and place where the animal was taken up, and the time and place of sale. At least five (5) days prior to the sale of any impounded animal, the Animal Control Officer shall cause a copy of the notice to be published in a newspaper circulated in the area where the animal was found, and shall mail a copy of the notice to the owner or person entitled to possession of the animal at his or her residence or place of business, if known. SECTION 6.12.080: Sale — Procedure. At the time and place set forth in the notice of sale, the Animal Control Officer shall sell the impounded animal at public sale, to the highest bidder, for cash. If no bid is offered for such animal, the Animal Control Officer may sell such animal at private sale or humanely euthanize such animal, or otherwise dispose of it as permitted by law. SECTION 6.12.090: Sale — Disposition of moneys. The proceeds of such sale, after first deducting fees and charges of the Animal Control Officer, including costs of sale, shall be paid by the Animal Control Officer to the City Treasurer who shall pay them over to the owner of such animal sold if claimed within one year thereafter. If not so claimed, they shall be transferred into the general fund of the City. SECTION 6.12.100: Redemption — When. The owner or person entitled to possession of any animal impounded may at any time before the sale or other disposition thereof redeem the same by paying the Animal Control Officer all fees and charges thereon. SECTION 6.06.110: Redemption — Costs. The Animal Control Officer shall charge and collect ftom each person redeeming an impounded animal an impounding fee, plus the actual costs of transporting the animal and maintaining the animal while impounded including costs of sale incurred. The impounding fee shall be set by resolution of the City Council and may be amended from time to time. 42 Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: June 14, 2022 SUBJECT: Adopt Resolutions Regarding the November 8, 2022 General Municipal Election PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt the following resolutions regarding the November 8, 2022 General Municipal Election: RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 RESOLUTION NO.2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT ANY MUNICIPAL ELECTION BACKGROUND: On January 27, 2004, the City Council adopted Ordinance No. 04-01 establishing its general municipal election date as the first Tuesday after the first Monday in even -numbered years allowing for consolidation of its elections with the County of Riverside pursuant to Election Code Section 10400 et M. As such, the City will hold its general municipal election on November 8, 2022 for three officeholder seats, each for a term of four years. The current terms for Council Members Matt Rahn (District 1), Maryann Edwards (District 3) and Zak Schwank (District 5) are expiring. Pursuant to Elections Code Section 10220, the nomination period for candidates will be July 18, 2022 through August 12, 2022. If an incumbent does not file for candidacy, the nomination period will be extended by five days for the relevant district pursuant to Election Code Section 10225. The consolidation process requires cities and counties to take certain procedural actions in preparation for the conduct of the election. Generally, consolidated cities throughout the State adopt four standardized resolutions that do the following: (1) call for and give notice of an election being held in the city [Election Code Section 12001], (2) request the County to consolidate the election and render related services [Election Code Section 10403], (3) adopt regulations for candidate statements [Election Code Section 13307], and (4) provide for a runoff election in the event of a tie vote [Election Code Section 15651]. Given the above, it is recommended that the City Council adopt the resolutions regarding the November 8, 2022 General Municipal Election. FISCAL IMPACT: The anticipated cost of the November 2022 General Municipal Election for officeholders for Districts 1, 3 and 5 is approximately $70,000 - $100,000 and is budgeted in the 2022-23 fiscal year. This estimate is based on the cost of the previous district election held two years ago. The County Registrar of Voters will provide a more accurate cost estimate closer to the nomination period. ATTACHMENTS: Resolutions (4) RESOLUTION NO.2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 8, 2022, for the election of municipal officers. Section 2. Pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of Temecula, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing three (3) Members of the City Council from Districts 1, 3 and 5, respectively, for the full term of four years. Section 3. The ballots to be used at the election shall be in the form and content required by law. Section 4. The City Clerk is authorized, instructed, and directed to coordinate with the County of Riverside Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter, and all supplies, equipment, and items that may be necessary in order to properly and lawfully conduct the election. Section 5. The polls for the election shall be open at seven o'clock a.m. on the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, pursuant to Elections Code Section 10242, except as provided in Section 14401 of the State of California Elections Code. Section 6. In all particulars not recited in this resolution, the General Municipal Election shall be held and conducted as provided by law for holding consolidated municipal elections. The consolidated election shall be held and conducted in the manner prescribed in Elections Code Section 10418. Section 7. Notice of the time and place of holding the election is given, and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form, and manner as required by law. Section 8. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. Section 9. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of June, 2022. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of June, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula, California, has called a General Municipal Election to be held on Tuesday, November 8, 2022, for the purpose of the election of two (2) members of the City Council from Districts 1, 3 and 5, respectively. Section 2. It is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the election be held in all respects as if there were only one election, and only one form of ballot shall be used for each of the three (3) affected Council positions. Section 3. Pursuant to Sections 10002 and 10403 of the Elections Code of the State of California, the Board of Supervisors of the County of Riverside is hereby requested to consent and agree to the consolidation of a General Municipal Election on Tuesday, November 8, 2022, for the purpose of the election of three (3) members of the City Council of the City of Temecula currently held by Council Members Matt Rahn (District 1), Maryann Edwards (District 3) and Zak Schwank (District 5). Section 4. Except for those services routinely conducted by the City Clerk as the local elections official, delegation is hereby made to the Riverside County Registrar of Voters to conduct said election in accordance with all applicable laws and procedures. The Riverside County Registrar of Voters is hereby authorized, instructed, and directed to canvass the returns of the General Municipal Election and give such further or additional notice of said election, in time, form, and manner as required by law. Section 5. That the Board of Supervisors is requested to issue instructions to the Registrar of Voters of the County of Riverside to take any and all steps necessary for the holding of the consolidated election. Section 6. In all particulars not recited in this resolution, the General Municipal Election shall be held and conducted as provided by law for holding consolidated municipal elections. The consolidated election shall be held and conducted in the manner prescribed in Elections Code Section 10418. Section 7. The City of Temecula recognizes that additional costs will be incurred by the County, by reason of this consolidation, and agrees to reimburse the County for such additional costs. Section 8. The City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and Registrar of Voters of the County of Riverside. Section 9. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of June, 2022. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of June, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. GENERAL PROVISIONS. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for City Council to be voted for at an Election to be held in the City of Temecula on November 8, 2022, may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate's nomination papers are filed. Except as provided in Elections Code Section 13309, the statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. Section 2. FOREIGN LANGUAGE POLICY. A. Pursuant to the federal Voting Rights Act of 1965, as amended, candidate statements will be translated into all languages required by the County of Riverside. The County is required to translate candidate's statements into Spanish. B. The County will print and mail sample ballots and candidate statements to all voters in English and Spanish. The County will make sample ballots and candidates statements in the required languages available at all polling places, on the County's website and in the election official's office. Section 3. PAYMENT. A. Translations: 1. The candidate shall be required to pay for the cost of translating the candidates statement into any required foreign language as specified in (a) and/or (b) of Section 2 above pursuant to federal and/or state law. 2. The candidate shall be required to pay for the cost of translating the candidate's statement into any foreign language that is not required as specified in (a) and/or (b) of Section 2 above, pursuant to federal and/or state law, but is requested as an option by the candidate. B. Printing: 1. The candidate shall be required to pay for the cost of printing the candidate's statement in English in the main voter pamphlet. 2. The candidate shall be required to pay for the cost of printing the candidate's statement in a foreign language required in (A) of Section 2 above, in the main voter pamphlet. 3. The candidate shall be required to pay for the cost of printing the candidate's statement in a foreign language requested by the candidate per (B) of Section 2 above, in the main voter pamphlet. 4. The candidate shall be required to pay for the cost of printing the candidate's statement in a foreign language required in (A) of Section 2 above, in the facsimile voter pamphlet. C. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate's statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voters' pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. Section 4. MISCELLANEOUS. All translations shall be provided by professionally - certified translators. Candidate statements shall be prepared and formatted in accordance with Elections Code Section 13307(b) and bold type, underlining, capitalized words, italics, and bullets shall be prohibited. Occupational designations shall be consistent with recommendations and standards set forth by the California Secretary of State. Section 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. Section 6. COPY OF RESOLUTION. The City Clerk shall provide each candidate or the candidate's representative a copy of this resolution at the time nominating petitions are issued. Section 7. APPLICATION. This resolution shall apply only to the election to be held on November 8, 2022, and shall then be repealed. Section 8. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14'h day of June, 2022. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 141h day of June, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT ANY MUNICIPAL ELECTION THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 8, 2022, for the election of municipal officers in the City. Section 2. Pursuant to Section 15651(b) of the Elections Code of the State of California, if any two or more persons receive an equal and the highest number of votes for an office to be voted for within the City, there shall be held within the City a special runoff election to resolve the tie vote. A special runoff election shall be called and held on a Tuesday not less than 40 nor more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote. Section 3. This resolution shall apply only to the election to be held on November 8, 2022, and shall then be repealed. Section 4. That the City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10 day of June, 2022. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of June, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: June 14, 2022 SUBJECT: Adopt Resolution Approving the Statement of Investment Policy and Delegating Investment Authority to the City Treasurer PREPARED BY: Ward Komers, Assistant Director of Finance RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, APPROVING AND ADOPTING THE STATEMENT OF INVESTMENT POLICY AND DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER BACKGROUND: The investment of funds by California cities, including the types of securities in which a city may invest, is governed by the California Government Code. Common themes in these laws focus on a sound investment policy, oversight of investment activities, safety in managing public funds, and reporting on transactions of the investment portfolio. Specifically, Government Code Section 53607 authorizes legislative bodies of local agencies to delegate investment authority to the City Treasurer to invest or to reinvest funds of a local agency, or to sell or exchange purchased securities, for a one-year period. In addition to the guidance provided by state law, Chapter 3.04 of the Temecula Municipal Code sets forth the general fiscal provisions of the City, including delegating investment authority to the City Treasurer, requiring the purchase of investments to comply with state law, and monthly reporting of investment activity. Historically, and in compliance with state law, the City's investment policy has been included and adopted in the Annual Operating Budget ("AOB"). At this time, however, Staff recommends the removal of the Investments section of the Budget Policies in the AOB and to replace it with a stand-alone Statement of Investment Policy (Exhibit A). The recommended policy has been updated to reflect revised allowable investments and incorporates best practices as recommended by the California Municipal Treasurers Association (CMTA) and the California Debt and Investment Advisory Commission (CDIAC). In general, the recommended policy accomplishes the following: • Defines the City's investment objectives and guidelines, as well as their conformance with California laws; • Delineates the State of California approved investment vehicles that are recommended as suitable for the City of Temecula; • Outlines investment -reporting requirements; and • Names the City's Investment Officer and delegates investing authority to the Investment Officer and her/his designees. More specifically, the revised policy includes changes provided by Senate Bill 998 (Moorlach) — Local Government Investments ("SB 998"), which took effect on January 1, 2021 and is in effect until January 1, 2026. SB 998 made a number of amendments to certain sections of the Government Code which govern the investment of public funds, including: 1. Allowing investment in securities issued or backed by the U.S. government that could result in zero or negative interest accrual if held to maturity, in the event of, and for the duration of, a period of negative market interest rates; 2. Allowing local agencies that have more than $100 million of investment assets under management to invest up to 40% in commercial paper (existing limit is 25% for all agencies, other than a county or a city and county); 3. Establishing a 10% issuer limit on commercial paper and corporate notes for all agencies, other than a county or a city and county; and 4. Adding permission for federally recognized Indian tribes to invest and participate in investment Joint Power Authorities (JPAs). The recommended resolution adopts the revised Statement of Investment Policy and delegates investment authority to the City Treasurer for Fiscal Year 2022-23. FISCAL IMPACT: There is no financial impact to the City. ATTACHMENTS: 1. Resolution 2. Resolution Exhibit A - Statement of Investment Policy RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, APPROVING AND ADOPTING THE STATEMENT OF INVESTMENT POLICY AND DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula at a duly noticed public meeting has received, reviewed, and adopts the City of Temecula Statement of Investment Policy (the "Policy"), set forth in Exhibit A, attached hereto and incorporated herein by this reference. Section 2. Any and all prior resolutions adopting an investment policy for the City of Temecula are hereby rescinded. Section 3. Pursuant to Resolution No. 13-38, the City Council has appointed the Finance Director as the City Treasurer. Section 4. Pursuant to California Government Code Section 53607, the City Council hereby delegates its investment authority for Fiscal Year 2022-2023 to the City's duly appointed City Treasurer and designates the City Treasurer as the City's Investment Officer. Section 5. The City Council hereby delegates authority to the Investment Officer or her/his designee(s), including but not limited to the City Manager, Assistant City Manager, and the Assistant Director of Finance, to invest funds in accordance with the Policy. Section 6. Certification. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Section 7. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective. Section 8. Effective Date. This resolution shall become effective immediately. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of June, 2022. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of June, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Exhibit A Statement of Investment Policy CITY OF TEM ECU LA CALIFORNIA Aft �PT The Heart of Southern California Wine Country STATEMENT OF INVESTMENT POLICY Adopted June 14, 2022 City of Temecula Statement of Investment Policy TABLE OF CONTENTS 1.0 POLICY...................................................................................................................................3 2.0 SCOPE....................................................................................................................................3 3.0 PRUDENCE.............................................................................................................................4 4.0 INVESTMENT OBJECTIVES.......................................................................................................4 5.0 DELEGATION OF AUTHORITY..................................................................................................4 6.0 ETHICS AND CONFLICTS OF INTEREST.....................................................................................5 7.0 AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS............................................................5 8.0 AUTHORIZED AND SUITABLE INVESTMENTS...........................................................................6 9.0 REVIEW OF INVESTMENT PORTFOLIO.....................................................................................7 10.0 INVESTMENT POOLS / MUTUAL FUNDS..................................................................................7 11.0 COLLATERALIZATION..............................................................................................................8 12.0 SAFEKEEPING AND CUSTODY OF SECURITIES...........................................................................8 13.0 DIVERSIFICATION...................................................................................................................8 14.0 MAXIMUM MATURITIES........................................................................................................8 15.0 INTERNAL CONTROLS.............................................................................................................8 16.0 PERFOMANCE STANDARDS....................................................................................................9 17.0 REPORTING............................................................................................................................9 18.0 INVESTMENT POLICY COMPLIANCE AND ADOPTION...............................................................9 19.0 APPENDIX A - ALLOWABLE INVESTMENT INSTRUMENTS.......................................................10 20.0 APPENDIX B - GLOSSARY OF TERMS......................................................................................12 Adopted June 14, 2022 Page 2 of 15 City of Temecula Statement of Investment Policy 1.0 POLICY It is the policy ("Investment Policy" or the "Policy') of the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Temecula Redevelopment Agency (hereafter referred to collectively as the "City") to invest public funds in a manner which will provide the highest investment return, with the maximum security, while meeting the daily cash flow demands of the City, and conforming to all State of California and City laws governing the investment of public funds. Therefore, in accordance with the State of California authority governing investments for municipal governments as set forth in the California Government Code Sections 53600 et seq., and the powers and duties of the City Treasurer and other fiscal provisions as set forth in the Temecula Municipal Code, the City shall invest public funds in such a manner as to comply with state and local laws; ensure prudent money management; provide for daily cash flow requirements; and meet the objectives of this Policy, in priority order of safety, liquidity and return on investment. For the purposes of this Policy, "Investment Officers" shall be defined as the City Manager, Assistant City Manager, Director of Finance/City Treasurer, Assistant Director of Finance, and/or any other official that has been delegated authority by the City Treasurer. 2.0 SCOPE This Policy applies to all investment activities and financial assets of the City. The funds covered by this Policy are accounted for and incorporated in the City's Annual Comprehensive Financial Report (ACFR) and include: • General Fund; • Special Revenue Funds; • Debt Service Funds; • Capital Projects Funds; • Internal Services Funds; • Agency Funds; and • Any new fund created by the City Council unless specifically exempted. Funds excluded from this Policy include: • Bond Proceeds. Proceeds of debt issuance shall be invested in accordance with the bond documents governing such funds as approved by the City Council or related governing board. • Deferred Compensation Plans. Investments related to the City's deferred compensation plans are not subject to this policy since third -party administrators manage them and the individual plan participant's direct investment and mutual fund selection. Deferred compensation plans must be approved by the City Council. • Section 115 Trusts. Investments related to the City's Section 115 trusts are not subject to this policy since third -party administrators manage them and direct the investments and mutual fund selection. Section 115 trusts must be approved by the City Council. All monies entrusted to the City Treasurer may be pooled in a diversified portfolio unless specifically exempted or excluded. Investments made on a pooled basis may include investments of the City and its Adopted June 14, 2022 Page 3 of 15 City of Temecula Statement of Investment Policy component units and agencies. Investment income will be allocated to the various funds based on their respective participation in accordance with general accepted accounting principles. 3.0 PRUDENCE Investments shall be made with judgment and care under circumstances then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own financial affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The standard of prudence to be used by the designated representative shall be the "prudent investor" standard and shall be applied in the context of managing the overall portfolio. Persons authorized to make investment decisions on behalf of local agencies investing public funds are trustees and therefore fiduciaries subject to the prudent investor standard which states: When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Investment Officers acting in accordance with written procedures and the Investment Policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. 4.0 INVESTMENT OBJECTIVES The primary objectives, in priority order, of the City's investment activities shall be: Safety. Safety of principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, the City will diversify its investments by investing funds among a variety of securities with independent returns. Liquidity. The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated. Return on Investments. The City's investment portfolio shall have the objective of attaining a comparative performance measurement or an acceptable rate of return throughout budgetary and economic cycles. These measurements should be commensurate with the City's investment risk constraints identified in the Investment Policy and the cash flow characteristics of the portfolio. 5.0 DELEGATION OF AUTHORITY California Government Code Sections 53607 and 53608 authorize the legislative body of a local agency to invest, deposit, and provide for the safekeeping of the local agency's funds or to delegate those responsibilities to the treasurer of the local agency for a one-year period. The City of Temecula Municipal Code delegates to the City Treasurer the authority to invest and reinvest moneys of the City, to sell or Adopted June 14, 2022 Page 4 of 15 City of Temecula Statement of Investment Policy exchange securities, and to deposit them and provide for their safekeeping. The City Treasurer is responsible for daily management of the investment program, including: 1. Establishing procedures for operation consistent with the Investment Policy; 2. Approving daily investment transactions; 3. Developing projections of the City's cash requirements for operating needs; 4. Reviewing the liquidity position of the investment portfolio; 5. Ensuring that the City's cash position is consistent with operating requirements; 6. Preparing appropriate investment reports; 7. Developing, implementing, and monitoring controls over investments; and 8. Developing record keeping for investment transactions. The City Treasurer may delegate investment authority to qualified and competent officials and City employees such as the Investment Officers. 6.0 ETHICS AND CONFLICTS OF INTEREST The Investment Officers shall refrain from personal business activity that could conflict with proper execution and management of the Policy and the investment program, or which could impair their ability to make impartial decisions. The Investment Officers must provide a public disclosure document by April 1st of each year or when material interest in financial institutions or personal investment positions require it. Furthermore, the Investment Officers must refrain from undertaking personal investment transactions with the same individual(s) employed by the financial institution with whom business is conducted on behalf of the City. 7.0 AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS The City Treasurer (or Investment Officers) will maintain a list of approved financial institutions authorized to provide investment services to the City. These may include "primary" dealers or regional dealers that qualify under Securities & Exchange Commission Rule 150-1 (uniform net capital rule). Best practices include the following: 1. A determination that all approved broker/dealer firms, and individuals covering the public agency, are reputable and trustworthy; 2. The broker/dealer firms should have the ability to meet all their financial obligations in dealing with the City; 3. The firms, and individuals covering the City, should be knowledgeable and experienced in public agency investing and the investment products involved; 4. No public deposit shall be made except in a qualified public depository as established by the established state laws; and 5. All financial institutions and broker/dealers who desire to conduct investment transactions with the public agency may supply the City Treasurer (or Investment Officers) with audited financial statements, proof of FINRA certification, trading resolution, proof of State of California registration, a completed broker/dealer questionnaire, certification of having read the City's investment policy and depository contracts. Adopted June 14, 2022 Page 5 of 15 City of Temecula Statement of Investment Policy An annual review of the financial condition and registrations of qualified bidders may be conducted by the City Treasurer (or Investment Officers) and a current audited financial statement requested for each financial institution and broker/dealer in which the City invests. 8.0 AUTHORIZED AND SUITABLE INVESTMENTS From the governing body perspective, special care must be taken to ensure that the list of instruments includes only those allowed by law and those that local investment managers are trained and competent to handle. Therefore, in accordance with Government Code Sections 53601, 53601.6, 53601.8, 53635, 53635.2, 53638 and 53684, investments will only be made in authorized securities with a maturity date of five (5) years or less from the transaction settlement date. For the purpose of approved investments and compliance with the investment percentage limits compared to the overall portfolio balance, calculations shall be performed on the date the investment is purchased. If the percentage is legally compliant on the date of purchase, then compliance with the Law shall have been met. Calculations are to be based on the final maturity date, and neither duration nor average days may be used. The investment instruments listed in Appendix A are authorized for investment and any instrument not listed are specifically prohibited. Authorized investments are allowed under California State Government Code 53601 and 53635 and concentration limitations are equivalent to, or more conservative than, the code allows. 8.1 MASTER REPURCHASE AGREEMENTS If repurchase agreements are legal or authorized, a Master Repurchase Agreement must be signed with the bank or dealer. 8.2 LEGISLATIVE CHANGES Any State of California legislative action that further restricts allowable maturities, investment type or percentage allocations, will be incorporated into the City's Investment Policy and supersede any and all previous applicable language. 8.3 INTEREST EARNINGS All monies earned and collected from investments authorized in this policy shall be allocated monthly based on the cash balance in each fund as a percentage of the entire investment funds portfolio. 8.4 LIMITING MARKET VALUE EROSION The longer the maturity of securities, the greater their market price volatility. Therefore, it is the general policy of the City to limit the potential effects from erosion in market values by adhering to the following guidelines: • All immediate and anticipated liquidity requirements will be addressed prior to purchasing all investments; • Maturity dates for long-term investments will coincide with significant cash flow requirements where possible; and • All long-term securities will be purchased with the intent to hold all investments to maturity under then prevailing economic conditions. However, economic or market Adopted June 14, 2022 Page 6 of 15 City of Temecula Statement of Investment Policy conditions may change, making it in the City's best interest to sell or trade a security prior to maturity. 8.5 SECURITY SWAPS A security swap is the movement from one security to another and may be done to for a variety of reasons, such as to increase yield, lengthen or shorten maturities, to take a profit, or to increase investment quality. A swap which improves the portfolio yield may be selected even if the transactions result in an accounting loss. Documentation for swaps will be included in the City's permanent investment file documents. 8.6 PORTFOLIO ADJUSTMENTS Should an investment percentage -of -portfolio limitation be exceeded due to an incident such as fluctuation in portfolio size, the affected securities may be held to maturity to avoid losses. When no loss is indicated, the City Treasurer will consider reconstructing the portfolio basing his or her decision, in part, on the expected length of time the portfolio will be unbalanced. 8.7 CREDIT DOWNGRADING This Investment Policy sets forth minimum credit risk criteria for each type of security. This credit risk criteria applies to the initial purchase of a security; it does not automatically force the sale of a security if its credit risk ratings fall below policy limits. If a security is downgraded below the minimum credit risk criteria specified in this Investment Policy, then the City Treasurer shall evaluate the downgrade on a case -by -case basis in order to determine if the security should be held or sold. 9.0 REVIEW OF INVESTMENT PORTFOLIO The securities held by the City must be in compliance with Section 8.0 Authorized and Suitable Investments at the time of purchase. Because some securities may not comply with Section 8.0 Authorized and Suitable Investments subsequent to the date of purchase, the Investment Officers should at least annually review the portfolio to identify those securities that do not comply. The City Treasurer should establish procedures to report to the City Council/Board of Directors and to any oversight committee, should one exist, major and critical incidences of noncompliance identified through the review of the portfolio. 10.0 INVESTMENT POOLS / MUTUAL FUNDS A thorough investigation of the pool/fund is required prior to investing, and on a continual basis. Best efforts will be made to acquire the following information: 1. A description of eligible investment securities, and a written statement of investment policy and objectives; 2. A description of interest calculations and how it is distributed, and how gains and losses are treated; 3. A description of how the securities are safeguarded (including the settlement processes), and how often the securities are priced and the program audited; 4. A description of who may invest in the program, how often, what size deposit and withdrawal are allowed; Adopted June 14, 2022 Page 7 of 15 City of Temecula Statement of Investment Policy 5. A schedule for receiving statements and portfolio listings; 6. Are reserves, retained earnings, etc. utilized by the pool/fund; 7. A fee schedule, and when and how is it assessed; and 8. Is the pool/fund eligible for bond proceeds and/or will it accept such proceeds? 11.0 COLLATERALIZATION Collateralization will be required on two types of investments: certificates of deposit and repurchase (and reverse repurchase) agreements. To anticipate market changes and provide a level of security for all funds, the collateral ization level will be 110% of market value for Certificate of Deposits and 102% for reverse repurchase agreements of principal and accrued interest. The City chooses to limit collateral to U.S. Treasuries. Collateral will always be held by an independent third party with whom the entity has a current custodial agreement. A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the City and retained. The right of collateral substitution is granted. 12.0 SAFEKEEPING AND CUSTODY OF SECURITIES To protect against potential losses by collapse of individual securities dealers, all securities owned by the City, including collateral on repurchase agreements, will be held in safekeeping by a third -party bank trust department, acting as agent for the City under the terms of a custody agreement executed by the bank and by the City. All securities will be received and delivered using standard delivery -versus -payment (DVP) procedures (i.e., the City's safekeeping agent will only release payment for a security after the security has been properly delivered). Securities will be held by a third -party custodian designated by an Investment Officer and evidenced by safekeeping receipts. This section is intended to comply with Government Code Sections 53601 and 53608. 13.0 DIVERSIFICATION The City will diversify its investments by security type and institution. With the exception of U.S. Treasury securities and authorized pools, no more than 50% of the City's total investment funds portfolio will be invested in a single security type or with a single financial institution. 14.0 MAXIMUM MATURITIES To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than five (5) years from the date of purchase. With the express approval of the City Council, reserve funds may be invested in securities exceeding five (5) years if the maturity of such investments is made to coincide as nearly as practicable with the expected use of the funds. 15.0 INTERNAL CONTROLS The City Treasurer shall be responsible for ensuring that all investment transactions comply with the City's Investment Policy and for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft, fraud or misuse. The City Treasurer shall establish Adopted June 14, 2022 Page 8 of 15 City of Temecula Statement of Investment Policy written procedures for the operation of the City's investment program that are consistent with this Investment Policy. Internal controls deemed most important shall include: avoidance of collusion; separation of duties and administrative controls; separating transaction authority from accounting and record keeping; custodial safekeeping; clear delegation of authority; management approval and review of investment transactions; specific limitations regarding securities losses and remedial action; written confirmation of telephone transactions; documentation of investment transactions and strategies; and monitoring of results. Accordingly, the City Treasurer shall establish an annual process of independent review by an external auditor, which as part of its annual audit of the City, the City's external auditor will review compliance with statutes, policies, and procedures. This review will provide internal control by assuring compliance with policies and procedures. 16.0 PERFOMANCE STANDARDS The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and the cash flow needs. The City's investment strategy is passive. Given this strategy, the basis used by the City Treasurer to determine whether market yields are being achieved shall be to identify a comparable benchmark to the portfolio investment duration (i.e., 90-day US Treasury Bill, 6-month US Treasury Bill, 2-year CMT- Constant Maturity Treasury). Benchmarks may change over time based on changes in market conditions or cash flow requirements. 17.0 REPORTING Pursuant to California Government Code Section 53607, the authority of the legislative body to invest or to reinvest funds of a local agency, or to sell or exchange securities so purchased, may be delegated for a one-year period by the legislative body to the treasurer of the local agency, who shall thereafter assume full responsibility for those transactions until the delegation of authority is revoked or expires, and shall make a monthly report of those transactions to the legislative body. Subject to review, the legislative body may renew the delegation of authority pursuant to this section each year. 18.0 INVESTMENT POLICY COMPLIANCE AND ADOPTION Pursuant California Government Code Section 53646(a)(2), the City's Investment Policy may be reviewed annually by the City Council and shall be adopted via resolution. Any modifications to the Investment Policy must be approved by the City Council. The City Treasurer shall establish written investment policy procedures for the operation of the investment program consistent with this policy. The procedures should include reference to: safekeeping, master repurchase agreements, wire transfer agreements, banking service contracts and collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the City. Adopted June 14, 2022 Page 9 of 15 City of Temecula Statement of Investment Policy 19.0 APPENDIX A - Allowable Investment Instruments ALLOWABLE INVESTMENT INSTRUMENTS PER STATE GOVERNMENT CODE (AS OF JANUARY 1, 2021)A APPLICABLE TO ALL LOCAL AGENCIESB INVESTMENT MAXIMUM MAXIMUMMINIMUM QUALITY GOVERNMENT TYPE MATURITYC SPECIFIED % OF REQUIREMENTS CODE SECTIONS PORTFOLIO° Local Agency Bonds 5 years None None 53601(a) U.S. Treasury Obligations 5 years None None 53601(b) State Obligations— CA And Others 5 years None None 53601(d) CA Local Agency Obligations 5 years None None 53601(e) U.S Agency Obligations 5 years None None 53601(f) Bankers' Acceptances 180 days 40%E None 53601(g) 25% of the Highest letter and Commercial Paper— Non -Pooled Fund SF 270 days agency's number rating by an 53601(h)(2)(C) monieSG NRSROH 40% of the Highest letter and Commercial Paper— Pooled Funds' 270 days agency's number rating by an 53635(a)(1) monieSG NRSROH Negotiable Certificates of Deposit 5 years 30%J None 53601(i) Non-negotiable Certificates of Deposit 5 years None None 53630 et seq. Placement Service Deposits 5 years 50%K None 53601.8 and 53635.8 Placement Service Certificates of Deposit 5 years 50%K None 53601.8 and 53635.8 Repurchase Agreements 1 year None None 53601(j) Reverse Repurchase Agreements and 20% of the base 92 days' value of the Nonem 53601(j) Securities Lending Agreements portfolio "A" rating category Medium -Term Notes" 5 years 30% or its equivalent or 53601(k) better Mutual Funds and Money Market Mutual N/A 20%0 MultipleP-4 53601(1) and Funds 53601.6(b) Collateralized Bank Deposit0 5 years None None 53630 et seq. and 53601(n) "AA" rating category Mortgage Pass —Through Securities 5 years 20% or its equivalent or 53601(o) better County Pooled Investment Funds N/A None None 27133 Joint Powers Authority Pool N/A None Multiples 53601(p) Local Agency Investment Fund (LAIF) N/A None None 16429.1 Voluntary Investment Program FuncIT N/A None None 16340 "AA" rating category Supranational Obligations 5 years 30% or its equivalent or 53601(q) better Adopted June 14, 2022 Page 10 of 15 City of Temecula Statement of Investment Policy TABLE OF NOTES A. Sources: Sections 16340, 16429.1, 27133, 53601, 53601.6, 53601.8, 53630 et seq., 53635, 53635.8, and 57603. B. Municipal Utilities Districts have the authority under the Public Utilities Code Section 12871 to invest in certain securities not addressed here. C. Section 53601 provides that the maximum term of any investment authorized under this section, unless otherwise stated, is five years. However, the legislative body may grant express authority to make investments either specifically or as a part of an investment program approved by the legislative body that exceeds this five-year remaining maturity limit. Such approval must be issued no less than three months prior to the purchase of any security exceeding the five-year maturity limit. D. Percentages apply to all portfolio investments regardless of source of funds. For instance, cash from a reverse repurchase agreement would be subject to the restrictions. E. No more than 30 percent of the agency's money may be in bankers' acceptances of any one commercial bank. F. Includes agencies defined as a city, a district, or other local agency that do not pool money in deposits or investment with other local agencies, other than local agencies that have the same governing body. G. Local agencies, other than counties or a city and county, may purchase no more than 10 percent of the outstanding commercial paper of any single issuer. H. Issuing corporation must be organized and operating within the U.S., have assets in excess of $500 million, and debt other than commercial paper must be in a rating category of "A" or its equivalent or higher by a nationally recognized statistical rating organization, or the issuing corporation must be organized within the U.S. as a special purpose corporation, trust, or LLC, has program wide credit enhancements, and has commercial paper that is rated "A- 1" or higher, or the equivalent, by a nationally recognized statistical rating agency. I. Includes agencies defined as a county, a city and county, or other local agency that pools money in deposits or investments with other local agencies, including local agencies that have the same governing body. Local agencies that pool exclusively with other local agencies that have the same governing body must adhere to the limits set forth in Section 53601(h)(2)(C). J. No more than 30 percent of the agency's money may be in negotiable certificates of deposit that are authorized under Section 53601(i). K. Effective January 1, 2020, no more than 50 percent of the agency's money may be invested in deposits, including certificates of deposit, through a placement service as authorized under 53601.8 (excludes negotiable certificates of deposit authorized under Section 53601(i)). On January 1, 2026, the maximum percentage of the portfolio reverts back to 30 percent. Investments made pursuant to 53635.8 remain subject to a maximum of 30 percent of the portfolio. L. Reverse repurchase agreements or securities lending agreements may exceed the 92-day term if the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity dates of the same security. M. Reverse repurchase agreements must be made with primary dealers of the Federal Reserve Bank of New York or with a nationally or state -chartered bank that has a significant relationship with the local agency. The local agency must have held the securities used for the agreements for at least 30 days. N. "Medium -term notes" are defined in Section 53601 as "all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States." 0. No more than 10 percent invested in any one mutual fund. This limitation does not apply to money market mutual funds. P. A mutual fund must receive the highest ranking by not less than two nationally recognized rating agencies or the fund must retain an investment advisor who is registered with the SEC (or exempt from registration), has assets under management in excess of $500 million, and has at least five years' experience investing in instruments authorized by Sections 53601 and 53635. Q. A money market mutual fund must receive the highest ranking by not less than two nationally recognized statistical rating organizations or retain an investment advisor registered with the SEC or exempt from registration and who has not less than five years' experience investing in money market instruments with assets under management in excess of $500 million. R. Investments in notes, bonds, or other obligations under Section 53601(n) require that collateral be placed into the custody of a trust company or the trust department of a bank that is not affiliated with the issuer of the secured obligation, among other specific collateral requirements. S. A joint powers authority pool must retain an investment advisor who is registered with the SEC (or exempt from registration), has assets under management in excess of $500 million, and has at least five years' experience investing in instruments authorized by Section 53601, subdivisions (a) to (o). T. Local entities can deposit between $200 million and $10 billion into the Voluntary Investment Program Fund, upon approval by their governing bodies. Deposits in the fund will be invested in the Pooled Money Investment Account. U. Only those obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development (IBRD), International Finance Corporation (IFC), and Inter -American Development Bank (IADB), with a maximum remaining maturity of five years or less. Adopted June 14, 2022 Page 11 of 15 City of Temecula Statement of Investment Policy 20.0 APPENDIX B - Glossary of Terms Accrued Interest: Interest earned but not yet received. Active Deposits: Funds which are immediately required for disbursement. Agencies: Federal agency securities and/or Government Sponsored Enterprises (GSE) which include Federal Home Loan Bank (FHLB), Federal National Mortgage Association (FNMA), Federal Home Loan Mortgage Corporation (FHLMC), Federal Farm Credit Bank (FFCB), and Federal Agricultural Mortgage Association (Farmer Mac). Amortization: An accounting practice of gradually decreasing (increasing) an asset's book value by spreading its depreciation (accretion) over a period of time. Annual Comprehensive Financial Report (ACFR): The official annual financial report for the City. It includes five combined statements and basic financial statements for each individual fund and account group prepared in conformity with Generally Accepted Accounting Principles (GAAP). Ask Price: The price a broker/dealer offers to sell securities. Bankers' Acceptance (BA): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. Basis Point: One basis point is one hundredth of one percent (0.01). Benchmark: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio's investments. Bid Price: The price a broker/dealer offers to purchase securities. Bond: A financial obligation for which the issuer promises to pay the bondholder a specified stream of future cash flows, including periodic interest payments and a principal repayment. Book Value: The value at which a debt security is shown on the holder's balance sheet. Book value is acquisition cost less amortization of premium or accretion of discount. Certificate of Deposit: A deposit insured up to $250,000 (current amount) by the FDIC at a set rate for a specified period of time. Collateral: Securities, evidence of deposit, or pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposit of public moneys. Constant Maturity Treasury (CMT): An average yield of a specific Treasury maturity sector for a specific time frame. This is a market index for reference of past direction of interest rates for the given Treasury maturity range. Adopted June 14, 2022 Page 12 of 15 City of Temecula Statement of Investment Policy Coupon: The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. Credit Analysis: A critical review and appraisal of the economic and financial conditions or of the ability to meet debt obligations. Current Yield: The interest paid on an investment expressed as a percentage of the current price of the security. Custody: A banking service that provides safekeeping for the individual securities in a customer's investment portfolio under a written agreement which also calls for the bank to collect and pay out income, to buy, sell, receive and deliver securities when ordered to do so by the principal. Delivery vs. Payment (DVP): Delivery of securities with a simultaneous exchange of money for the securities. Discount: The difference between the cost of a security and its value at maturity when quoted at lower than face value. Diversification: Dividing investment funds among a variety of securities offering independent returns and risk profiles. Duration: The weighted average maturity of a bond's cash flow stream, where the present value of the cash flows serve as the weights; the future point in time at which on average, an investor has received exactly half of the original investment, in present value terms; a bond's zero -coupon equivalent; the fulcrum of a bond's present value cash flow time line. Fannie Mae: Trade name for the Federal National Mortgage Association (FNMA), a U.S. sponsored corporation. Federal Reserve System: The central bank of the U.S. which consists of a seven -member Board of Governors, 12 regional banks, and 5,700 commercial banks that are members. Federal Deposit Insurance Corporation (FDIC): Insurance provided to customers of a subscribing bank which guarantees deposits to a set limit (currently $250,000) per account. Fed Wire: A wire transmission service established by the Federal Reserve Bank to facilitate the transfer of funds through debits and credits of funds between participants within the Fed system. Freddie Mac: Trade name for the Federal Home Loan Mortgage Corporation (FHLMC), a U.S. sponsored corporation. Ginnie Mae: Trade name for the Government National Mortgage Association (GNMA), a direct obligation bearing the full faith and credit of the U.S. Government. Inactive Deposits: Funds not immediately needed for disbursement. Interest Rate: The annual yield earned on an investment, expressed as a percentage. Adopted June 14, 2022 Page 13 of 15 City of Temecula Statement of Investment Policy Investment Agreements: An agreement with a financial institution to borrow public funds subject to certain negotiated terms and conditions concerning collateral, liquidity and interest rates. Liquidity: Refers to the ability to rapidly convert an investment into cash. Market Value: The price at which a security is trading and could presumably be purchased or sold. Maturity: The date upon which the principal or stated value of an investment becomes due and payable. Medium Term Notes: Corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. New Issue: Term used when a security is originally "brought" to market. Perfected Delivery: Refers to an investment where the actual security or collateral is held by an independent third party representing the purchasing entity. Portfolio: Collection of securities held by an investor. Primary Dealer: A group of government securities dealers that submit daily reports of market activity and security positions held to the Federal Reserve Bank of New York and are subject to its informal oversight. Purchase Date: The date in which a security is purchased for settlement on that or a later date. Rate of Return: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return. Repurchase Agreement (REPO): A transaction where the seller (bank) agrees to buy back from the buyer (City) the securities at an agreed upon price after a stated period of time. Reverse Repurchase Agreement (REVERSE REPO): A transaction where the seller (City) agrees to buy back from the buyer (bank) the securities at an agreed upon price after a stated period of time. Risk: Degree of uncertainty of return on an asset. Safekeeping: see Custody. Sallie Mae: Trade name for the Student Loan Marketing Association (SLMA), a U.S. sponsored corporation. Secondary Market: A market made for the purchase and sale of outstanding issues following the initial distribution. Settlement Date: The date on which a trade is cleared by delivery of securities against funds. Adopted June 14, 2022 Page 14 of 15 City of Temecula Statement of Investment Policy Structured Notes: Notes issued by Government Sponsored Enterprises (FHLB, FNMA, FHLMC, etc.) and Corporations, which have imbedded options (e.g., call features, step-up coupons, floating rate coupons, derivative -based returns) into their debt structure. Their market performance is impacted by the fluctuation of interest rates, the volatility of the imbedded options and shifts in the shape of the yield curve. Supranationals: A supranational organization is formed by a group of countries through an international treaty with specific objectives such as promoting economic development. Supranational organizations also issue debt in the United States. The most commonly recognized supranational debt is the International Bank for Reconstruction and Development (IBRD or World Bank), International Finance Corporation (IFC) and Inter -American Development Bank (IADB). Treasury Bills: U.S. Treasury Bills which are short-term, direct obligations of the U.S. Government issued with original maturities of 13 weeks, 26 weeks and 52 weeks; sold in minimum amounts of $10,000 in multiples of $5,000 above the minimum. Issued in book entry form only. T-bills are sold on a discount basis. Treasury Bonds: Long-term coupon -bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities of more than 10 years. Treasury Notes: Medium -term coupon -bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities from two to 10 years. U.S. Government Agencies: Instruments issued by various US Government Agencies most of which are secured only by the credit worthiness of the particular agency. Yield: The rate of annual income return on an investment, expressed as a percentage. It is obtained by dividing the current dollar income by the current market price of the security. Yield to Maturity: The rate of income return on an investment, minus any premium or plus any discount, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond, expressed as a percentage. Yield Curve: The yield on bonds, notes or bills of the same type and credit risk at a specific date for maturities up to thirty years. Adopted June 14, 2022 Page 15 of 15 Item No. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: June 14, 2022 SUBJECT: Approve Agreements for State and Federal Legislative Consultant Services with Townsend Public Affairs and David Turch and Associates (At the Request of Subcommittee Members Mayor Rahn and Council Member Edwards) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council approve the following: Agreement with Townsend Public Affairs for State Legislative Consultant and Grant Writing Services, for a three-year period, for a total agreement amount of $216,000; and 2. First Amendment to Agreement with David Turch & Associates for Federal Legislative Consultant Services, for an additional three-year period, for a total agreement amount of $396,000. BACKGROUND: At the December 14, 2021 meeting, the City Council unanimously placed the topic of legislative advocacy on the agenda at the request of Mayor Rahn. At the January 18, 2022 meeting, the City Council unanimously appointed Mayor Rahn and Council Member Edwards to the Local Control Ad Hoc Subcommittee. While the City continues to actively engage on the legislative front with its guiding principles adopted annually through the legislative platform, the Local Control Subcommittee is working with staff to create and implement a strategic initiative focusing on near-, mid-, and long- term legislative priorities needed to effectively engage with all stakeholders. The City's state and federal legislative consultants, Townsend Public Affairs and David Turch and Associates, are highly important to this effort. The agreements with both these consultants are expiring on June 30, 2022 and December 31, 2022, respectively. To allow for ongoing work in the local control space, the subcommittee is recommending that both agreements be renewed for a three-year period at their current annual rates. FISCAL IMPACT: The costs for the legislative services referenced above are currently provided for in the annual City Manager and City Clerk fiscal year budgets. ATTACHMENTS: Agreements with State and Federal Legislative Consultants AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND TOWNSEND PUBLIC AFFAIRS STATE LEGISLATIVE CONSULTANT AND GRANT WRITING SERVICES THIS AGREEMENT is made and effective as of June 14, 2022, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Townsend Public Affairs, a corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: TERM This Agreement shall commence on January 1, 2023 and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2025, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the agreement for two (2) additional three (3) year terms. In no event shall the contract be extended beyond December 31. 2031. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Seventy -Two Thousand Dollars ($72,000) each year, for a total not to exceed the Agreement amount of Two Hundred and Sixteen Thousand Dollars ($216,000), unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of O8/09/2021 receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities 08/09/2021 related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 9. INSURANCE REQUIREMENTS a. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. b. Minimum Scope of Insurance. Coverage shall be at least as broad as 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. C. Limits of Insurance. Consultant shall maintain limits no less than: 08/09/2021 1) General Liability: One Million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million ($1,000,000) accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate. d. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). e. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or 08/09/2021 notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. f. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. g. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. 08/09/2021 b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Towsend Public Affairs Attn: Christopher Townsend 925 L Street, Suite 1404 Sacramento, CA 95814 14. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over 08/09/2021 the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 7 08/09/2021 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TOWNSEND PUBLIC AFFAIRS CITY OF TEMECULA (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Matt Rahn, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By By: By: Peter M. Thorson, City Attorney CONSULTANT Townsend Public Affairs ATTN: Christopher Townsend 925 L Street. Suite 1404 Sacramento, CA 95814 _(916) 447-4086 celIioft@townsendpa.com City Purchasing Mgr. Initials andr Date: (1, LIA-1 08/09/2021 EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: All tasks to be performed are per the proposal provided by the Consultant attached hereto and incorporated herein as though set forth in full. 08/09/2021 EXHIBIT B Payment Rates and Schedule Cost for services shall be as per Contractors proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $216,000 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 10 08/09/2021 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND DAVID TURCH AND ASSOCIATES FEDERAL LEGISLATIVE CONSULTANT SERVICES THIS FIRST AMENDMENT is made and entered into as of June 14, 2022 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and David Turch and Associates, a corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 25, 2019, the City and Consultant entered into that certain Agreement entitled "Agreement for Federal Legislative Consultant Services," in the amount of $198,000 ("Agreement"). b. The parties now desire to extend the term of the agreement to June 30, 2025 and to amend the Agreement as set forth in this Amendment. follows: 2. Section One of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2025 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 4.a of the Agreement is hereby amended to read as follows: "4. PAYMENT "a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Sixty -Six Thousand Dollars ($66,000) each fiscal year, for a total not to exceed Agreement amount of Three Hundred Ninety Six Thousand Dollars ($396,000) unless additional payment is approved as provided in this Agreement." 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA DAVID TURCH AND ASSOCIATES (rwo Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: BY: Matt Rahn, Mayor David Tur'ch, CEO ATTEST: Ranch Johl, City Clem Marilyn ampbell, C let= Operating Officer APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT ©avid Turch and Associates ATTN-. Jamie Janes 517 2"d Street, Northeast Washington;, DC 20002 A202) 543-3744 jami1e jones davidtur�ch.com _ City Purchasing l�lgr_ Initials and Date: 2 08IM2021 Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Isaac Garibay, Director of Human Resources and Risk Management DATE: June 14, 2022 SUBJECT: Approve Annual Renewal of City Insurance Policies PREPARED BY: Nicole Flores, Risk Management Analyst RECOMMENDATION: That the City Council approve the following insurance policies and renewals and appropriate an additional $335,000 to Fund 300 — Insurance to cover the increased premiums: Pt Excess Liability insurance with Illinois Union Insurance Company, in the amount of $286,180.09, for the period of July 1, 2022 to July 1, 2023; and 2 2' Excess Liability insurance with Princeton Excess and Surplus Lines Insurance Company, in the amount of $252,962.50, for the period of July 1, 2022 to July 1, 2023; and 3' Excess Liability insurance with Hallmark Specialty Insurance Company, in the amount of $209,812.50, for the period of July 1, 2022 to July 1, 2023; and 4. Excess Workers' Compensation insurance with Arch Insurance Company, in the amount of $137,199.00, for the period of July 1, 2022 to July 1, 2023; and 5. Property & Equipment Breakdown insurance with Hanover Insurance Company, in the amount of $123,381.75 for the period of July 1, 2022 to July 1, 2023; and Difference in Conditions (Earth Movement and Flood) insurance with Steadfast Insurance Company and General Security Indemnity et al in the amount of $262,701.05, for the period of July 1, 2022 to July 1, 2023; and Auto Physical Damage insurance with Hanover Insurance Company, in the amount of $16,235.00, for the period of July 1, 2022 to July 1, 2023; and Cyber Liability insurance with Houston Casualty Company, in the amount of $49,717.62, for the period of July 1, 2022 to July 1, 2023; and Crime insurance with Hanover Insurance Company, in the amount of $2,584.00, for the period of July 1, 2022 to July 1, 2023; and 10. Pollution/Environmental Legal Liability insurance with Illinois Union Insurance Company, in the amount of $13,431.00, for the period of July 1, 2022 to July 1, 2023; and 11. Volunteer Accident insurance with Berkley Life & Health Insurance Company, in the amount of $1,282.00, for the period of July 1, 2022 to July 1, 2023; and 12. Standalone Terrorism Liability, Business Interruption, and Property Damage insurance with Lloyd's Syndicate 33, in the amount of $8,099.96, for the period of July 1, 2022 to July 1, 2023; and 13. Drone Coverage with ACE American Insurance Company and National Liability & Fire Insurance Company in the amount of $1,662.00, for the period of July 1, 2022 to July 1, 2023. BACKGROUND: In preparation for the July 1, 2022 expiration of the City's insurance policies, staff requested that the City's insurance broker, Arthur J. Gallagher & Company (AJG) market the City's insurance program, including Excess Liability, Excess Workers' Compensation, Property & Equipment Breakdown, Difference in Conditions (Earth Movement and Flood), Automobile Physical Damage, Cyber Liability, Crime, Environmental Liability, Volunteer Accident, and Terrorism coverage. In response, AJG obtained proposals from various insurance carriers for insurance premiums which represent an approximate increase of $542,207.00 over the City's FY 2021-22 insurance premiums. To ensure the insurance companies have sufficient financial capacity to provide the necessary policy limits to insure the City's risks, AJG utilized the services of A.M. Best Rating system to assess their financial strength and creditworthiness. The insurance premiums are listed below by category and in order of responsiveness: First Excess Liability Insurance Carrier Premium Illinois Union Insurance Company $286,180.09 The premium amount of $286,180.09 for Excess Liability Insurance is for the first excess liability insurance coverage. Liability saw a 140% increase due to the previous insurance company not writing liability coverage currently and with the current market there were no insurance companies willing to write a $5M policy. Therefore, requiring the need for two additional carriers to provide an additional $8M to complete the full $10M limit. The increase in premiums is primarily due to recent liability related claim activity and the current market conditions as a whole. The preferred proposal submitted by Illinois Union Insurance Company provides coverage of $2 million per occurrence with a self -insured retention of $500,000, an increase from the previous self -insured retention of $150,000. A.M. Best assigned Illinois Union Insurance Company a Financial Strength Rating of "A++" (Superior) and a Financial Size Category of "XV" ($2 Billion or Greater) based on their policyholder's adjusted surplus. Second Excess Liability Insurance Carrier I Premium Princeton Excess and Surplus Lines Insurance Company 1 $252,962.50 The premium amount of $252,962.50 for Excess Liability Insurance represents a $252,962.50 increase over the previous policy, due to Illinois Union's capacity of $2M from $5M with the previous year's policy. The increase in premiums is primarily due to recent liability related claim activity and the current market conditions as a whole. The preferred proposal submitted by Princeton Excess and Surplus Lines Insurance Company provides coverage of $3 million per occurrence. A.M. Best assigned Princeton Excess and Surplus Lines Insurance Company a Financial Strength Rating of "A+" (Superior) and a Financial Size Category of "XV" ($2 Billion or Greater) based on their policyholder's adjusted surplus. Third Excess Liability Insurance Carrier Premium Hallmark Specialty Insurance Company $209,812.50 The premium amount of $209,812.50 for Excess Liability Insurance represents a $93,250.00 increase over the previous policy. The increase in premiums is primarily due to recent liability related claim activity and the current market conditions as a whole. The preferred proposal submitted by Hallmark Specialty Insurance Company provides coverage of $5 million per occurrence. A.M. Best assigned Hallmark Specialty Insurance Company a Financial Strength Rating of "A-" (Excellent) and a Financial Size Category of "VIII" ($100 Million to $250 Million) based on their policyholder's adjusted surplus. Excess Workers' Compensation Insurance Carrier Premium Arch Insurance Company $137,199.00 As a cost saving measure, in 2014 the City incorporated a $500,000 Self -Insured Retention into the City's Workers' Compensation insurance program. Therefore, rather than the City's insurance carrier covering the costs of employee related work injuries from the first dollar of loss, the City self -insures for the first $500,000 of each occurrence, with the insurance policy covering costs in excess of $500,000. The Excess Insurance premium amount of $137,199.00 represents a $29,045.00 increase over the previous policy. A.M. Best assigned Arch Insurance Company a Financial Strength Rating of "A+" (Superior) and a Financial Size Category of "XV" ($2 Billion or Greater) based on their policyholder's adjusted surplus. Property and Equipment Breakdown Insurance Carrier Premium Hanover Insurance Company $123,381.75 The premium amount of $123,381.75 represents a $18,272.00 increase over the previous policy. The preferred proposal submitted by Hanover Insurance Company provides coverage of $100 Million with a $25,000 deductible. A.M. Best assigned Hanover Company a Financial Strength Rating of "A" (Excellent) and a Financial Size Category of "XV" ($2 Billion or Greater) based on their policyholder's adjusted surplus. Difference in Conditions: Earth Movement and Flood Carrier Premium Primary - Steadfast Insurance Company $IOM Limit $178,818.68 Excess — General Security Indemnity et al $25M xs of $IOM $83,882.37 Subtotal $262,701.05 The premium amount of $262,701.05 represents a $32,454.55 increase over the previous policy due to a slight increase in exposure rates and marketplace increases in catastrophe coverage. The premium amount includes the primary and excess policies indicated above. The preferred proposal submitted by Steadfast Insurance Company includes $10,000,000 in coverage with an earth movement deductible of 5% applied per unit subject to a minimum of $50,000, flood inside high hazard zones deductible of 2% applied per location, subject to a minimum of $500,000, flood outside high hazard zones deductible of $100,000, and a deductible for all other insured perils of $25,000. A.M. Best assigned Steadfast Insurance Company a Financial Strength Rating of "A+" (Superior) and above and Financial Size Categories of "XV" ($2 Billion or Greater) based on their policyholder's adjusted surplus. A.M. Best assigned General Security Indemnity et al a Financial Strength Rating of "A" (Excellent) and above and Financial Size Categories of "XV" ($2 Billion or Greater) based on their policyholder's adjusted surplus. Auto Physical Damage & Contractor's Equipment Carrier Premium Hanover Insurance Company $16,235.00 The premium amount of $16,235.00 represents a $6,131.00 increase over the previous policy due to an increase in fleet assets. The preferred proposal submitted by Hanover Insurance Company provides coverage of $1,885,581 total insured value Auto Physical Damage and $1,000,000 for Contractors Equipment with a $5,000 deductible for each. A.M. Best assigned Hanover Insurance Company a Financial Strength Rating of "A" (Excellent) and a Financial Size Category of "XV" ($2 Billion or Greater) based on their policyholder's adjusted surplus. Cyber Liability Insurance Carrier Premium Houston Casualty Company $49,717.62 Retention $50K ACE American Insurance Company $61,622.00 Retention $150K ACE American Insurance Company $49,139.00 Retention $250K The premium amount of $49,171.62 represents a $19,027.62 increase over the previous policy due to recent market changes and increased municipality loss development from ransomware claims. The preferred proposal submitted by Houston Casualty Company provides coverage of $1,000,000 with a $50,000 retention. A.M. Best assigned Houston Casualty Company a Financial Strength Rating of "A++" (Superior) and a Financial Size Category of "XV" ($2 Billion or Greater) based on their policyholder's adjusted surplus. Crime Insurance Carrier Premium Hanover Insurance Company $2,584.00 The premium amount of $2,584.00 represents a $2 increase over the previous policy. The Crime Policy is a three-year policy, which renews next year. The preferred proposal submitted by Hanover Insurance Company provides coverage of $1,000,000 with a $10,000 deductible. In addition, the Crime insurance policy includes coverage for City Officials including, but not limited to, the City Manager, City Clerk, Finance Director, and City Treasurer, as well as Volunteer Workers. A.M. Best assigned Hanover Insurance Company a Financial Strength Rating of "A" (Excellent) and a Financial Size Category of "XV" ($2 Billion or greater) based on their policyholder's adjusted surplus. Pollution/Environmental Legal Liability Insurance Carrier Premium Illinois Union Insurance Company $13,431.00 The premium amount of $13,431.00 represents a $884.06 increase over the previous policy. The preferred proposal submitted by Illinois Union Insurance Company provides a coverage limit of $1,000,000 with $2,000,000 aggregate and a $25,000 SIR. A.M. Best assigned Illinois Union Insurance a Financial Strength Rating of "A++" (Superior) and a Financial Size Category of "W' ($2 Billion or Greater) based on their policyholder's adjusted surplus. Volunteer Accident Insurance Carrier Premium Berkley Life & Health Insurance Company $1,282.00 Chubb Group of Insurance Companies $1,321.00 The premium amount of $1,282.00 represents a $183.00 decrease over the previous policy. The preferred proposal submitted by Berkley Accident & Health provides $50,000 coverage with $500,000 aggregate of Accidental Death and Dismemberment (AD&D) at no deductible and $100,000 of Accidental Medical Expense at no deductible. A.M. Best assigned Berkley Life and Health Insurance Company a Financial Strength Rating of "A+" (Superior) and a Financial Size Category of "VIII" ($100 Million to $250 Million) based on their policyholder's adjusted surplus. Standalone Terrorism Liability Carrier Premium Lloyd's Syndicate 33 $8,099.96 The premium amount of $8,099.96 represents a $789.87 decrease over the previous policy. The preferred proposal submitted by Lloyd's Syndicate 33 provides $5,000,000 coverage with $5,000,000 aggregate and a $10,000 deductible. A.M. Best assigned Lloyd's of London / Beazley a Financial Strength Rating of "A" (Excellent) and a Financial Size Category of "W' ($2 Billion or greater) based on their policyholder's adjusted surplus. Drone Coverage Carrier Premium ACE American Insurance Company $1,622.00 National Liability & Fire Insurance Company The premium amount of $1,622.00 represents a $182.00 increase over the previous policy. The preferred proposal submitted by ACE American Insurance Company / National Liability & Fire Insurance Company provides $2,000,000 in liability coverage. A.M. Best assigned ACE American / National Liability and Fire a Financial Strength Rating of "A++" (Superior) and a Financial Size Category of "W' ($2 Billion or greater) based on their policyholder's adjusted surplus. FISCAL IMPACT: An increase in funds for the Insurance Internal Service Fund (account 300.199.999.5204) in the amount of $335,000.00 is needed to fully fund the insurance premiums for the Fiscal Year 2022-23. ATTACHMENTS: Insurance Proposal Prepared for City of Temecula. L _Ar - ' r .1 ■ r 1 ' -i ' a`.� � - it - , I 7 jr 7 Proposal of Insurance City of Temecula 41000 Main Street Temecula, CA 92590 Presented: May 26, 2022 Effective: July 1, 2022 Revised: June 1, 2022 Susan Blankenburg Area Executive Vice President Gregory A. Kelson, CRIS Client Service Manager Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. License Number - 0726293 595 Market Street, Suite 2100 San Francisco, CA 94105 (415) 546-9300 Gallagher k**CORE360 Gallagher Insurance I Risk Management I Consulting City of Temecula *,* Gallagher *O CORE 360" Table of Contents ServiceTeam............................................................................................................................................................... 3 ProgramStructure.......................................................................................................................................................4 NamedInsured.......................................................................................................................................................5 ExposureRate Premium Table.............................................................................................................................. 8 MarketReview........................................................................................................................................................ 9 ProgramDetails.................................................................................................................................................... 12 First Excess Liability - $21M xs SIR - Illinois Union Insurance Company........................................................ 12 Second Excess Liability - $3M xs $2M - Princeton Excess & Surplus Lines Ins Co ...................................... 14 Third Excess Liability - $5M xs $5M - Hallmark Specialty Insurance Company ............................................ 17 Excess Workers' Compensation - Arch Insurance Company........................................................................ 20 Property - Hanover Insurance Company....................................................................................................... 22 Primary Difference in Conditions - $10M Limit - Steadfast Insurance Company ........................................... 27 Excess Difference in Conditions - $25M xs $10M - General Security Indemnity Co of Arizona, (More)........ 30 Standalone Terrorism - Lloyds' Syndicate 2623/623 (Beazley Furlonge Ltd) ................................................ 33 Standalone Terrorism - Lloyd's Syndicate 33................................................................................................ 35 Standalone Terrorism - Lloyd's Synd 1609 (Mosaic Insurance Company) .................................................... 37 Auto Physical Damage/Contractor's Equipment - Hanover Insurance Company .......................................... 39 Cyber Liability - ACE American Insurance Company.................................................................................... 41 Cyber Liability - Houston Casualty Company................................................................................................ 46 Environmental Liability - Illinois Union Insurance Company.......................................................................... 52 Drone Coverage - National Liability & Fire Insurance Co, (More)................................................................. 58 Volunteer Accident - Berkley Life and Health Insurance Company............................................................... 61 Volunteer Accident - Chubb Group of Insurance Companies........................................................................ 64 PremiumSummary...............................................................................................................................................66 PaymentPlans..................................................................................................................................................... 72 Carrier Ratings and Admitted Status....................................................................................................................... 74 ProposalDisclosures................................................................................................................................................75 ProposalDisclosures............................................................................................................................................ 76 Client Signature Requirements................................................................................................................................79 Surplus Lines Notice - California.......................................................................................................................... 80 Client Authorization to Bind Coverage.................................................................................................................. 82 Appendix.................................................................................................................................................................... 85 Bindable Quotations & Compensation Disclosure Schedule................................................................................ 86 BindingRequirements..........................................................................................................................................89 ClaimsReporting By Policy.................................................................................................................................. 91 City of Temecula ** Gallagher *o• CORE 360'" Service Team Susan Blankenburg has primary service responsibility for your company. We operate using a team approach. Your Service Team consists of: Susan Blankenburg Area Executive Vice President Greg Kelson Client Service Manager Pat Worthing Producer Associate Ron Green Senior Client Service Associate (415) 536-8417 Susan_Blankenburg@AJG.com (415) 536-8466 Greg_Kelson@ajg.com (415) 536-4044 Pat—Worthing@ajg.com (415) 536-8432 Ron_Green@ajg.com Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. Main Office Phone Number: (415) 546-9300 Team Lead Account Manager Asst. Account Manager Certificate Specialist City of Temecula *,* Gallagher *O CORE 360" Program Structure City of Temecula *,* Gallagher *O CORE 360" Named Insured City of Temecula Industrial Development Authority of the City of Temecula Oversight Board and The Successor Agency to the Redevelopment Agency 1 st Excess Liability - $5M xs SIR Redevelopment Agency for the City of Temecula Temecula Community Services District Temecula Housing Authority Temecula Public Financing Authority City of Temecula Industrial Development Authority of the City of Temecula Oversight Board and The Successor Agency to the Redevelopment Agency 2nd Excess Liability - $5M xs $5M Redevelopment Agency for the City of Temecula Temecula Community Services District Temecula Housing Authority Temecula Public Financing Authority City of Temecula Oversight Board And The Successor Agency To The Redevelopment Agency Oversight Board and The Successor Agency to the Temecula Redevelopment Agency Automobile Physical Damage Redevelopment Agency For The City Of Temecula Temecula Community Services District Temecula Housing Authority Temecula Public Financing Authority To The Redevelopment Agency City of Temecula Cyber Liability Industrial Development Authority of the City of Temecula Oversight Board And The Successor Agency To The Redevelopment Agency 5 City of Temecula *,* Gallagher *O CORE 360" Excess Difference in Cor $10M Excess Workers Comp Pollution Legal Liability NAMED INSURED Oversight Board and The Successor Agency to the Temecula Redevelopment Agency Redevelopment Agency For The City Of Temecula Redevelopment Agency of the City of Temecula Temecula Community Services District Temecula Housing Authority Temecula Public Financing Authority City of Temecula Industrial Development Authority of the City of Temecula Oversight Board And The Successor Agency To The Redevelopment Agency Oversight Board and The Successor Agency to the Temecula editions - $25M xs Redevelopment Agency Redevelopment Agency For The City Of Temecula Redevelopment Agency of the City of Temecula Temecula Community Services District Temecula Housing Authority Temecula Public Financing Authority City of Temecula Oversight Board and The Successor Agency to the Temecula Redevelopment Agency Redevelopment Agency of the City of Temecula Temecula Community Services District Temecula Housing Authority Temecula Public Financing Authority City of Temecula Industrial Development Authority of the City of Temecula Oversight Board and The Successor Agency to the Temecula Redevelopment Agency Redevelopment Agency for the City of Temecula City of Temecula *,* Gallagher *O CORE 360" Primary Difference in Conditions - $10M Property Temecula Community Services District Temecula Housing Authority Temecula Public Financing Agency City of Temecula Industrial Development Authority of the City of Temecula Oversight Board And The Successor Agency To The Redevelopment Agency Oversight Board and The Successor Agency to the Temecula Redevelopment Agency Redevelopment Agency For The City Of Temecula Redevelopment Agency of the City of Temecula Temecula Community Services District Temecula Housing Authority Temecula Public Financing Authority City of Temecula Oversight Board and The Successor Agency to the Temecula Redevelopment Agency Redevelopment Agency of the City of Temecula Temecula Community Services District Temecula Housing Authority Temecula Public Financing Authority Note: Any entity not named in this proposal, may not be an insured entity. City of Temecula ** Gallagher *oP CORE 360'" Exposure Rate Premium Table EXPIRING RENEWAL % EXPOSURES Payroll $17,666,617 $21,916,813 24% Property - TIV $188,361,183 $207,746,951 10% Auto Physical Damage incl. Contractor's Equipment $3,420,415 $5,312,436 55% Revenue $360,316,429 $286,273,944 -21% Volunteer Count 400 400 0% Drone Hull Value $2,500 $2,500 0% RATES Liability - payroll 1.7647 3.4173 94% Worker's Compensation - payroll 0.6122 0.6260 2% Property - TIV 0.0558 0.0594 6% Earth Movement & Flood (DIC) -TIV 0.0832 0.0861 3% Auto Physical Damage incl. Contractor's Equipment - TIV 0.2954 0.3056 3% Cyber - Revenue 0.0085 0.0174 104% Volunteer Accident - Volunteer Count 3.6625 3.2050 -12% Pollution Legal Liability - TIV 0.0067 0.0065 -3% Standalone Terrorism - TIV 0.0047 0.0039 -17% Drone - Hull Value 0.4816 0.6488 35% PREMIUMS 1st XS Liability ($5M xs SIR) $195,208.58 176% 1st XS Liability ($2M xs SIR) $286,180.09 2nd XS Liability ($3M xs $2M) $252,962.50 2nd XS Liability ($5M xs $5M) $116,562.50 $209,812.50 80% Workers Compensation $108,154.00 $137,199.00 27% Property $105,110.15 $123,381.75 17% Earth Movement & Flood (DIC) $156,733.50 $178,818.68 14% Excess Earth Movement & Flood (DIC) $73,514.00 $83,882.37 14% Auto Physical Damage incl. Contractor's Equipment $10,104.00 $16,235.00 61% Cyber $30,690.00 $49,717.62 62% Volunteer Accident $1,465.00 $1,282.00 -12% Drone $1,204.00 $1,622.00 35% Pollution Legal Liability $12,546.94 $13,431.00 7% Standalone Terrorism $8,889.82 $8,099.96 -9% TOTAL PREMIUM $820,182.49 $1,362,624.47 66% City of Temecula *,* Gallagher *O CORE 360" Market Review We approached the following carriers in an effort to provide the most comprehensive and cost effective insurance program FIRST EXCESS LIABILITY ($2M xs SIR) Quoted Illinois Union Insurance First Excess Liability - SIR increases from $150K to $500K. $286,180.09 Company - Law Enforcement Liability is excluded in the entire tower. Allied World Assurance First Excess Liability Declined to Quote - No longer accepting new CA Co (U.S.) Inc. business. Liberty Mutual Insurance First Excess Liability Declined to Quote - Not writing liability in Company California Old Republic Insurance First Excess Liability Declined to Quote - No longer writing in Company California Gemini Insurance First Excess Liability Indication (Verbal)" / Minimum attachment of Company $2M, would be between $200K to $250K. Tokio Marine Specialty Ins First Excess Liability Declined to Quote - Not writing in California. First Excess Liability Declined to Quote - Needs a $5M attachment Upland Specialty Insurance Company point. Euclid Insurance First Excess Liability Declined to Quote - No longer writing in Services, Inc. California Ambridge Partners LLC First Excess Liability Declined to Quote - No longer writing in California Genesis Insurance First Excess Liability Declined to Quote - No longer writing in Company California. Indication (Verbal)* / Must write the Excess WC Safety National Casualty to consider / minimum premium of $1 M for new First Excess Liability Corporation business in California. SECOND EXCESS LIABILITY ($3M xs $2M) Princeton Excess & Second Excess Liability Quoted $252,962.50 Surplus Lines Ins Co THIRD EXCESS LIABILITY ($5M xs $5M) Quoted Hallmark Specialty - Received a break on pricing for this layer Insurance Company Third Excess Liability because Law Enforcement Liability is excluded. $209,812.50 (incumbent) - Still looking to improve this pricing before renewal. EXCESS WORKERS COMPENSATION Arch Insurance Company Excess Workers (incumbent) Compensation Quoted - Oftar n carnnrl raviaw of navrnll ni rota ,niac (t137 too nn City of Temecula *,* Gallagher *O CORE 360" Safety National Casualty Excess Workers Declined to Quote - Does Not Fit Underwriting Corporation Compensation Requirement PROPERTY Hanover Insurance Company Property (incumbent) North American Elite Insurance Company Property Quoted I $123,381.75 Declined to Quote - Does Not Fit Underwriting Requirement PRIMARY DIFFERENCE IN CONDITIONS ($10M Limit) Steadfast Insurance Company Primary Difference in Quoted (incumbent) Conditions - $10M Limit EXCESS DIFFERENCE IN CONDITIONS ($25M xs $10M) General Security Indemnity Co of Arizona Lloyd's Syndicate 33 Mercer Insurance Company QBE Specialty Insurance Company (incumbents) Lloyds' Syndicate 2623/623 (Beazley Furlonge Ltd) (incumbent) Lloyd's Syndicate 33 (Hiscox Syndicate) Lloyd's Synd 1609 (Mosaic Insurance Company) Hanover Insurance Company (incumbent) C.V. Starr Excess Difference in Quoted Conditions - $25M xs $10M STANDALONE TERRORISM ($5M Limit) Standalone Terrorism I Quoted Standalone Terrorism Quoted Standalone Terrorism Quoted - Liability is sublimited to $1 M AUTO PHYSICAL DAMAGE/CONTRACTOR'S EQUIPME Auto Physical Quoted Damage/Contractor's Equipment -Quoted at $0.28 rate Auto Physical Declined to Quote — Pricing Not Competitive Damage/Contractor's (Rate would be $1.00) Equipment CYBER LIABILITY ACE American Insurance Company Cyber Liability (incumbent) Quoted - $150K Deductible (up from $50K) - $250K Deductible (up from $50K) $178,818.68 $83,882.37 $9,680.72 $8,099.96 $6,544.00 $16,235.00 $61,622.00 $49,139.00 10 City of Temecula ** Gallagher *o• CORE 360'" Quoted Houston Casualty - $100K Deductible Company Cyber Liability - $50K Deductible (expiring deductible from $43,194.43 current policy) $49,717.62 - Includes $1M Ransomware coverage Beazley Insurance Cyber Liability Declined to Quote - Class of business. Company, Inc. Corvus Insurance Holdings Inc. Cyber Liability Declined to Quote - Controls POLLUTION LEGAL LIABILITY Illinois Union Insurance Pollution Legal Liability Quoted $13,431.00 Company DRONE COVERAGE National Liability & Fire Insurance Co ACE American Insurance Drone Coverage Quoted $1,622.00 Company (incumbents) VOLUNTEER ACCIDENT Berkley Life and Health Quoted Insurance Company Volunteer Accident - Original quote was $1,392.00 $1,282.00 (incumbent) Chubb Group of Insurance Companies Volunteer Accident Quoted $1,321.00 *The premium indicated is an estimate provided by the market. The actual premium and acceptance of the coverage requested will be determined by the market after a thorough review of the completed application. City of Temecula *,* Gallagher *O CORE 360" Program Details Coverage: First Excess Liability - $2M xs SIR Carrier: Illinois Union Insurance Company Policy Period: 7/1/2022 to 7/1/2023 Form Type: _1111111mr- COVERAGE FORM-• • DATE - General Liability Occurrence N/A Not Applicable Automobile Liability Occurrence N/A Not Applicable Public Officials and Employment Practices Liability Claims Made 7/1/2022 Coverage: DESCRIPTIO Coverage A - General Liability - Each Occurrence Limit Coverage A - General Liability - Aggregate Limit Limit OUNT $2,000,000 $2,000,000 Limit Coverage B - Automobile Liability - Each Accident Limit Limit $2,000,000 Coverage B - Automobile Liability - Aggregate Limit Limit $2,000,000 Coverage C - Public Officials Liability & Employment Practices Liability - Each Claims Limit Limit $2,000,000 Coverage C - Public Officials Liability & Employment Practices Liability - Aggregate Limit Limit $2,000,000 Deductibles / Self -Insured Retention Retention Retention General Liability Automobile Liability $500,000 $500,000 Retention Public Officials Liability $500,000 Retention Employment Practices Liability $500,000 Claims Made Coverage: Should you elect to change carriers (if a new retroactive date is provided) or non -renew this policy, a supplemental extended reporting endorsement may be available subject to policy terms and conditions. You must request the extended reporting period in writing to the carrier within 30 days of the expiration date. The cost of this extended reporting period is 100% of the annual premium and is fully earned. The extended reporting period extends only to those claims made during the extended reporting period for wrongful acts that occurred prior to the expiration date and would have been covered by the policy. Claims must be reported to the carrier within 12 months of the end of the policy period. The extended reporting period does not increase the limits of liability and is subject to all policy terms, conditions and exclusions. Endorsements include, but are not limited to: PE-19611 c 07/11 - Declarations Page City of Temecula *,* Gallagher *O CORE 360" Endorsements include, but are not limited to: DESCRIPTION PE-16910i 02/12 - Common Conditions, Definitions and Exclusions PE-19609d 07/11 - General Liability Coverage Part PE-19607f 09/11 - Automobile Liability Coverage Part PE-19607f 09/11 - Public Officials & Employment Practices Liability Coverage Part ALL 21101 11/06 - Trade or Economic Sanctions Endorsement ALL-20887 10/06 - Chubb Producer Compensation Practices & Policies IL P 0001 01/04 - OFAC Policyholder Disclosure TR-45231 01/15 - Policyholder Disclosure - Notice of Terrorism Insurance Coverage (If TRIA is accepted) PE-23778b 01/15 - Cap on Losses from Certified Acts of Terrorism (If TRIA is accepted) TRIA24 01/15 - Policyholder Disclosure - Notice of Terrorism Insurance Coverage (If TRIA is rejected) Exclusions include, but are not limited to: D• PE-21873 03/07 - Law Enforcement Activities Exclusion PE-53414 04/20 - Exclusion - Virus, Bacteria or Microorganism That Induce Physical Distress, Illness or Disease MS-XXXXX XX/XX - Data Risk and Cyber Liability Exclusion PE-23667a 01/15 - Exclusion of Certified Acts of Terrorism Binding Requirements: D- • TPA must be approved by Chubb prior to binding. Premium $277,172.00 Taxes CA Surplus Lines Tax $8,315.16 Total Taxes $8,315.16 Fees CA Stamping Fee $692.93 Total Fees $692.93 ESTIMATED PROGRAM COST $286,180.09 TRIA/TRIPRA PREMIUM $9,305.92 (+ Additional Surcharges, Taxes and Fees as applicable) Subject to Audit: Not Auditable 13 City of Temecula ** Gallagher *O CORE 360" Coverage: Second Excess Liability - $3M xs $2M Carrier: Princeton Excess & Surplus Lines Ins Co Policy Period: 7/1/2022 to 7/1/2023 Form Type: Excess Liability Occurrence N/A Defense Limitations: Not Applicable Each Occurrence, Applies $3,000,000 Within Policy Limits (expenses erode policy limit) General Accident, or Claim Liability and Auto Liability Each Occurrence, Applies $1,000,000 Defense Costs are in addition to, and outside of, the limits Accident, or Claim Public Officials Liability and Employment Practices Liability Coverage: Policy Annual Aggregate Limit Deductibles / Self -Insured Retention Excess Liability Underlying Policies: Excess Liability - Coverage A - General Liability - Each $2M XS SIR Occurrence Limit Excess Liability - Coverage A - General Liability - $2M XS SIR Aggregate Limit Excess Liability - Coverage B - Automobile Liability - $2M XS SIR Each Accident Limit Excess Liability - Coverage C - Public Officials Liability $2M XS SIR & Employment Practices Liability - Each Claims Limit Excess Liability - Coverage C - Public Officials Liability $2M XS SIR & Employment Practices Liability - Aggregate Limit Illinois Union $2,000,000 Insurance Company Illinois Union $2,000,000 Insurance Company Illinois Union $2,000,000 Insurance Company Illinois Union $2,000,000 Insurance Company Illinois Union $2,000,000 Insurance Company 14 7/1/2022 7/1/2023 7/1/2022 7/1/2023 7/1/2022 7/1/2023 7/1/2022 7/1/2023 $0 City of Temecula *,* Gallagher *O CORE 360" Endorsements include, but are not limited to: DESCRIPTION I FG1000A - Schedule of Underlying Insurance FG1000 - Dec Commercial Excess Following Form Policy Declarations FG3000 - Commercial Excess Follow Form Policy FG1161 - General Endorsement FGXXXX (MANUSCRIPT) Defense Provision for Public Officials and Employment Practices Liability VLTERR - Cap on Loses Certified Acts of Terrorism (if Terrorism is selected) SLSOP - Service of Process FG1232 - Minimum Earned Premium Exclusions include, but are not limited to: DESCRIPTION FG1001 -Abuse or Molestation Exclusion FG1009 - Aircraft Liability Exclusion FG1039 - Dams, Levees, Dikes or Reservoirs Exclusion FG1060 - Failure to Supply Exclusion - Utilities FG1076 - Eminent Domain, Condemnation, Inverse Condemnation Exclusion FG1097 - Police or Law Endorsement Activities Exclusion FG1102 - Property Damage Exclusion Real and Personal Property FG1122 - Subsidence Exclusion FG1156 - Asbestos Exclusion FG1178 - Lead Contamination Exclusion FG1191 - Fungi or Bacteria Exclusion FG1195 - War Exclusion FG1207 -Workers Compensation Exclusion FG1210 - ERISA Exclusion FG1215 - Automobile First Party Coverage Exclusion FG1216 - Nuclear Energy Exclusion FG1223 - Cost Estimates and Failure to Award Contracts Exclusion FG1227 - Silica Exclusion FG1231 - Physicians (Employed and Contracted) Professional Liability Exclusion FG4001 - Exclusion - Data Privacy and Cyber Liability VLCW36 - Punitive Damages Exclusion VL ES 21 01 - Violation of Economic or Trade Sanctions FG4008 0520 - Communicable Disease Exclusion CTERR01 - Terrorism Exclusion (if Terrorism is rejected) 15 City of Temecula ** Gallagher *o• CORE 360'" Exclusions include, but are not limited to: FG1295 06 21 - Wildfire Exclusion (pending review of completed Wildfire Supplemental Application) Other Significant Terms and Conditions/Restrictions: A. It is understood and agreed that the Insured shall not make any changes in the Claims Administration without the prior written approval of the Insurer prior to the implementation of any such changes. B. The terms of Paragraph A shall take precedence over any other agreement between the Insured and the Insurer regarding such Claims Administration. C. We may decide to audit the TPA during this policy year. If we do decide to audit we will provide at least 60 days of notice. Any and all recommendations by the Munich Reinsurance America, Inc. Claims Department will be completed within 90 days of receiving written notice. This quote is subject to the receipt and satisfactory review of a completed, signed and dated Sexual Harassment Application and the Insured's written Sexual Harassment policies and procedures prior to binding. The Insurer's review of the information may result in recommendations to the Insured's policies and procedures. Premium $245,000.00 Taxes CA Surplus Lines Tax $7,350.00 Total Taxes $7,350.00 Fees CA Stamping Fee $612.50 Total Fees $612.50 ESTIMATED PROGRAM COST $252,962.50 Subject to Audit: Not Auditable City of Temecula ** Gallagher *O CORE 360" Coverage: Third Excess Liability - $5M xs $5M Carrier: Hallmark Specialty Insurance Company Policy Period: 7/1/2022 to 7/1/2023 Form Type: 9 ru a mix ej 2 0 Excess Liability Occurrence Coverage: DESCRIPTION Each Occurrence Limit Aggregate Limit, where applicable N/A Deductibles / Self -Insured Retention TYPE COVERAGE Retention Excess Liability Underlying Policies: Excess Liability - Each Occurrence, Accident, or $3,000,000 $3M XS $2M Claim Excess Liability - $3M XS $2M Policy Annual Aggregate Limit $3,000,000 Excess Liability - Coverage B - Automobile Liability - $2,000,000 $2M XS SIR Each Accident Limit Excess Liability - Coverage A - General Liability - $2,000,000 $2M XS SIR Each Occurrence Limit Excess Liability - Coverage A - General Liability - $2,000,000 $2M XS SIR Aggregate Limit Excess Liability - Coverage C - Public Officials $2M XS SIR Liability & Employment Practices $2,000,000 Liability - Each Claims Limit Excess Liability - Coverage C - Public Officials $2M XS SIR Liability & Employment Practices $2,000,000 Liability - Aggregate Limit 17 Not Applicable EFFECTIVE EXPIRATION CARRIER NAME DATEr Princeton Excess & Surplus Lines 7/1/2022 7/1/2023 Ins Co Princeton Excess & Surplus Lines 7/1/2022 7/1/2023 Ins Co Illinois Union Insurance 7/1/2022 7/1/2023 Company Illinois Union Insurance 7/1/2022 7/1/2023 Company Illinois Union Insurance 7/1/2022 7/1/2023 Company Illinois Union Insurance 7/1/2022 7/1/2023 Company Illinois Union Insurance 7/1/2022 7/1/2023 Company City of Temecula *! Gallagher *O CORE 360" Endorsements include, but are not limited to: PE 00 01 01 16 (01-16) - Excess Public Entity Liability Declarations PE 00 04 01 16 (01-16) - Schedule of Forms and Endorsements PE 00 03 01 16 (01-16) - Schedule of Underlying Insurance CLAIM REPORTING 06 20 - Claim Reporting PE 00 02 04 17 (04-17) - Excess Public Entity Liability HX SS 05 07 09 (07-09) - Service of Suit SLCA2020 (01-20) - Surplus Lines Notification IL P 001 01 04 (01-04) - U.S. Treasure Dept. ("OFAC") HS 00 01 01 16 (01-16) - Signature Page HS 00 01 07 12 (07-12) - Privacy Policy Disclosure Notice HB 21 30 01 15 (01-15) - Cap on Losses from Certified Acts of Terrorism (if Terrorism elected) Exclusions include, but are not limited to: DESCRIIPTION� PE 00 05 05 16 (05-16) - Exclusion - Access or Disclosure of Confidential or Personal Information and Data -Related Liability IX 21 08 07 09 (07-09) - Asbestos Exclusion PE 00 18 03 20 - Exclusion - Communicable Disease PE 00 12 08 19 - Exclusion - Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) IX 21 05 07 09 (07-09) - Fungi or Bacteria Exclusion IX 21 13 07 09 (07-09) - Lead Exclusion HB 21 33 01 15 (01-15) - Exclusion of Certified Acts of Terrorism (if Terrorism elected) HB 21 36 01 15 (01-15) - Exclusion of Punitive Damages Related to a Certified Act of Terrorism (if Terrorism elected) Binding Requirements: Signed and dated TRIA Form. 18 City of Temecula *! Gallagher •46CORE 360" Premium $225,000.00 Taxes CA Surplus Lines Tax $6,750.00 Total Taxes $6,750.00 Fees CA Stamping Fee $562.50 Total Fees $562.50 ESTIMATED PROGRAM COST $232,312.50 Less Commission Rebate ($22,500.00) Total Premium $209,812.50 Minimum Earned Premium - 25.00% TRIA/TRIPRA PREMIUM $4,646.25 (+ Additional Surcharges, Taxes and Fees as applicable) Subject to Audit: Monthly City of Temecula *! Gallagher *O CORE 360" Coverage: Excess Workers' Compensation Carrier: Arch Insurance Company Policy Period: 7/1/2022 to 7/1/2023 Coverage: • A. Part One - Excess Workers Compensation Insurance - Limit of Liability - Each Accident: LIMIT TYPE AMOUNT Statutory Limit of Liability - Disease, Each Employee: Statutory B. Part Two — Excess Employers Liability Insurance - Limit of Liability - Each Accident: Limit $1,000,000 Limit of Liability - Disease, Each Employee: Limit $1,000,000 Limit of Liability — Aggregate: Limit $1,000,000 Deductibles / Self -Insured Retention Retention Each Accident $500,000 Retention Disease, Each Employee $500,000 States: DESCRIPTION States Covered: CA Endorsements include, but are not limited to: Losses Redefined to Include Allocated Loss Adjustment Expenses Endorsement California Volunteer Coverage - Excess Voluntary Compensation and Employers Liability Coverage Endorsement California Terrorism Risk Insurance Program Reauthorization Act Disclosure Endorsement California Amendatory Endorsement Premium ESTIMATED PROGRAM COST TRIA/TRIPRA PREMIUM (+ Additional Surcharges, Taxes and Fees as applicable) Subject to Audit: At Expiration $137,199.00 $137,199.00 INCLUDED 20 City of Temecula *! Gallagher •46CORE 360" Auditable Exposures: CA - I Payroll 1 $21,916,813 I .6260 City of Temecula *,* Gallagher *O CORE 360" Coverage: Property Carrier: Hanover Insurance Company Policy Period: 7/1/2022 to 7/1/2023 Coverage: Catastrophe Limit Limit $207,746,951 Blanket: - Real Property Limit $170,163,001 - Business Personal Property (EDP Hardware & EDP Software, Is Included) Limit $35,153,050 - Business Income Including Extra Expense (EDP Extra Expense is Included) Limit $2,430,900 Earthquake Sprinkler Leakage: Earthquake Sprinkler Catastrophe Limit Limit $15,000,000 Equipment Breakdown & Testing Included Deductibles / Self -Insured Retention Deductible COVERAGETYPE Earthquake Sprinkler Leakage • $25,000 Deductible Equipment Breakdown - Property Coverages $25,000 Deductible Building Business Personal Property $25,000 Deductible $25,000 Deductible Business Income with Extra Expense 24 hours Additional Coverage: Coverage Extensions, Supplemental Coverages and Supplemental Marine Coverages (Property Coverage Part CO 1000): Coverage Extensions: Consequential Loss Business Personal Property Limit Debris Removal (Included in Form) Debris Removal Additional Expense Emergency Removal Coverage Limit Up to 25% of the Loss $50,000 365 Days Emergency Removal Expenses Limit $5,000 Fraud & Deceit Limit $5,000 Damage from Theft Policy Limit Off Premises Utility Service Interruption Limit $100,000 Supplemental Coverages: 22 City of Temecula *,* Gallagher *O CORE 360" Additional Coverage: DESCRIPTIONLIMIT Brands & Labels Expense Expediting Expenses TYPE Limit • $50,000 $1,000,000 Limit Fire Department Service Charge Limit $250,000 Inventory and Appraisal Expense Limit $50,000 Building Limit Ordinance or Law (Undamaged Parts of a Building) Ordinance or Law (Increased Cost of Repair / Cost to Demolish and Site Clear) Personal Effects Pollution Cleanup and Removal Recharge of Fire Protection Devices Limit $1,000,000 Limit $15,000 Limit $100,000 Limit $50,000 Rewards Coverage Sewer Backup and Water Below the Surface Trees, Shrubs, Plants Underground Pipes, Pilings, Bridges and Roadways Supplemental Marine Coverages: Accounts Receivable Limit $100,000 Limit $25,000 Limit $50,000 Limit $250,000 Limit $1,000,000 Electrical or Magnetic Disturbance of Computers Power Supply Disturbance of Computers Virus and Hacking Coverage — Limit Per Occurrence Business Personal Property Limit Business Personal Property Limit Limit $25,000 Virus and Hacking Coverage — Limit Per 12 Months Limit $50,000 Fine Arts Limit $1,000,000 Off Premises Computers Property on Exhibit Property in Transit Limit $25,000 $500,000 $1,000,000 Limit Limit Sales Representatives Samples Software Storage Limit $50,000 Limit $50,000 Valuable Papers Limit $7,100,000 Additional Property Subject to Limitations: Furs (Theft) Limit $10,000 Jewelry (Theft) Limit $10,000 Stamps, Tickets, Letters of Credit Limit $5,000 Coverage Options that Apply: Newly Built or Acquired Locations Limit $20,000,000 Personal Property —Acquired Locations Limit $250,000 23 City of Temecula *,* Gallagher *O CORE 360" Additional Coverage: DESCRIPTIONLIMIT Locations "You Elect not to Describe" Coverage Extensions and Supplemental Coverages (Income Coverage Part CO 1001): TYPE Limit • $250,000 Coverage Extensions: Interruption by Civil Authority 30 Days Period of Loss Extension 90 Days Supplemental Coverages: Virus and Hacking Coverage — Limit Per Occurrence Virus and Hacking Coverage — Limit Per 12 Months Dependent Locations Limit $25,000 Limit $75,000 Limit $100,000 Off Premises Utility Service Interruption Contract Penalty — Limit Per Occurrence Limit $100,000 Limit $25,000 Contract Penalty — Limit Per 12 Months Limit $100,000 Pollution Cleanup and Removal Limit $25,000 Property in Transit, On Exhibition, Or Custody of Sales Representative Coverage Options that Apply: Newly Built or Acquired Locations Equipment Breakdown: Limit $10,000 Limit $250,000 Property Damage Limit $100,000,000 Income Coverages Included Income Coverages: Period of Loss Extension 30 Days Coverage Extensions: Data Restoration Limit $250,000 Expediting Expenses Limit $250,000 Hazardous Substances Off Premises Equipment Breakdown Ordinance or Law (Undamaged Parts of Buildings) Limit $250,000 Limit $250,000 Covered Ordinance or Law (Increased Cost to Repair/Cost to Demolish and Clear Site) Service Interruption Defense Costs Limit $250,000 Limit $2,430,900 Covered Per Form Valuations: DESCRIPTION Replacement Cost 24 City of Temecula ** Gallagher *o• CORE 360'" Endorsements include, but are not limited to: DESCRIPTION Commercial Output Program - Property Coverage Part - CO 1000 Commercial Output Program - Income Coverage Part - CO 1001 Equipment Breakdown Coverage Part - 411-0963 Exclusions include, but are not limited to: Including but not limited to: Earth Movement; Flood; Nuclear Hazard; War and Military Action; Animal Nesting, Infestation, or Discharge; Computer Virus or Computer Hacking; Contamination or Deterioration; Criminal, Fraudulent, Dishonest or Illegal Acts; Defects, Errors and Omissions; Steam Boiler Explosion; Loss of Use; Mechanical Breakdown; Neglect; Seepage; Settling, Cracking, Shrinking, Bulging or Expanding; Smoke, Vapor, or Gas; Smog; Change in Temperature or Humidity; Wear and Tear; Weather; Voluntary Parting and as more fully described in the policy form "Property Excluded": Contractors Equipment - CO 1228 Off Premises Utility Service Interruption- Including or Excluding Overhead Transmission Lines Binding Requirements: Receiving Currently Valued Loss Runs for Policy Year 2020 and the Loss Experience Must be Favorable. Rejection of Terrorism Insurance Coverage Other Significant Terms and Conditions/Restrictions: DESCRIPTION Property Not Covered: Airborne or Waterborne Property; Aircraft or Watercraft; Animals; Automobiles and Vehicles; Checked Luggage; Contraband; City of Temecula ** Gallagher *o• CORE 360'" Other Significant Terms and Conditions/Restrictions: Cost of Excavation; Crops While Outside of Buildings; Exports and Imports; Land, Water, and Growing Crops; Money, Securities, Accounts, and Valuable Papers; Outdoor Trees, Shrubs, Plants, or Lawns; Property More Specifically Insured; Property of Others; Property You Have Sold Premium ESTIMATED PROGRAM COST Less Commission Rebate Total Premium Minimum Premium - $145,155.00 $145,155.00 ($21,773.25) $123,381.75 $2,500.00 City of Temecula Coverage: Primary Difference in Conditions - $10M Limit Carrier: Steadfast Insurance Company Policy Period: 7/1/2022 to 7/1/2023 Coverage: Limit of Liability Limit Deductibles / Self -Insured Retention *,* Gallagher *O CORE 360" $10,000,000 1 Per Occurrence and in the Aggregate Deductible Earth Movement - Including Time Element - Business Income, Extra Expense, Rental Value - Per Occurrence 5 % Per Unit including BI As respects the former YMCA building/pool located at 25% per unit including BI subject to $100,000 Margarita Park, 29119 Margarita Rd. minimum Deductible All Other Peril $25,000 Deductible Terrorism Same as EQ Deductible Flood deductible - Per Occurrence $100,000 Deductible Locations situated in Flood Zones A, V, X500 (X 2% per location including Shaded), and B to $500,000 BI/EE/Rents subject minimum per occurrence Additional Coverage: DESCRIPTIONTYPE LIMIT • Building Ordinance Coverage A Included ICC/Demo *(collectively for Demo and ICC, not individually) Sublimit $10,000,000 Extra Expense - Civil Authority 8 Weeks Accounts Receivable Sublimit $1,000,000 Course of Construction Sublimit $5,000,000 Newly Acquired Properties (120 day reporting) Sublimit $5,000,000 $1,000,000 Accounts Receivable Sublimit Errors & Omissions Sublimit $1,000,000 Fine Arts, subject to $100,000 maximum per item Sublimit $1,000,000 Sublimit $250,000 Fine Arts of others (unscheduled) in the care, custody and control of the insured, maximum $10,000 per item. Miscellaneous Unnamed Locations (defined as a location that had not been included in the Statement of Values on file with the Company and has not been reported to the Company as may Sublimit $500,000 be required in the policy provisions elsewhere) Service Interruption - PD & Business Income (excluding overhead T & D lines) Sublimit $1,000,000 Sublimit $500,000 Leasehold Interest Miscellaneous Personal Property of the Insured (not reported and not at covered premises) Sublimit $500,000 27 City of Temecula *,* Gallagher *O CORE 360" Additional Coverage: Personal Property of Others Rented Mobile/Contractors Equipment Sublimit $500,000 Sublimit $500,000 Land Improvements including trees, shrubs and plants Sublimit $500,000 Loss Adjustment Expenses (excluding fees associated with public adjuster) Sublimit $100,000 Civil Authority 8 consecutive weeks Ingress/Egress 8 consecutive weeks 365 days Extended Period of Indemnity Valuations: Endorsements include, but are not limited to: Exclusions include, but are not limited to: DESCRIPTION Pollution (Company Form) Asbestos / Contamination (Company Form) Mold (Company Form) Earth Quake Sprinkler Leakage Theft Flood - locations located in 100 year flood plain, X500, X(Shaded) and B flood zones Boiler and Machinery Communicable Disease, Virus or Bacteria Cyber Exclusion Endorsement All Risk Perils (Including Windstorm) Ensuing Loss War Exclusion Nuclear/Radioactive/Biological and Chemical Exclusion 28 City of Temecula ** Gallagher *o• CORE 360'" Other Significant Terms and Conditions/Restrictions: Conditions: Warrant All Risk Underlyer It is agreed that locations in Flood Zones A, V & X500, X(Shaded) and B are excluded by this policy with the exception of the following specified locations: 1. 43200 Business Park Drive, Temecula, CA 2. 43230 Business Park Drive, Temecula, CA 3. 42081 Main St., Temecula, CA 4. 42049-51 Main St., Temecula, CA 5. 28300 Mercedes, Temecula, CA 6. 2 Arches at Old Town Temecula, Temecula, CA Warrant All Risk Underlyer Premium $172,890.00 Taxes Surplus Lines Tax $5,195.70 Total Taxes $5,195.70 Fees Catastrophe Analysis Fee $300.00 Stamping Office Fee $432.98 Total Fees ESTIMATED PROGRAM COST Minimum Earned Premium - TRIA/TRIPRA PREMIUM (+ Additional Surcharges, Taxes and Fees as applicable) $732.98 $178,818.68 25.00% $89,254.46 City of Temecula *,* Gallagher *O CORE 360" Coverage: Excess Difference in Conditions - $25M xs $10M Carrier: General Security Indemnity Co of Arizona Lloyd's Syndicate 33 Mercer Insurance Company QBE Specialty Insurance Company Policy Period: 7/1/2022 to 7/1/2023 Participation Schedule: General Security Indemnity Co of Arizona 20% Lloyd's Syndicate 33 20% Mercer Insurance Company 20% QBE Specialty Insurance Company 40% Coverage: DESCRIPTION• Limit of Liability Limit $25,000,000 Per Occurrence and in the Aggregate Deductibles / Self -Insured Retention •AMOUNT Deductible Earth Movement - Including Time Element - Business Income, Extra 5% per unit including BI subject to Expense - Per Occurrence minimum of $100,000 Deductible As respects the former YMCA building/pool located at 25% per unit including BI subject to Margarita Park, 29119 Margarita Rd. minimum of $100,000 Deductible All Other Peril $25,000 Deductible Terrorism Same as AOP Deductible Flood deductible - Per Occurrence $100,000 Deductible Locations situated in Flood Zones A, V, X500 (X Shaded), 2% per location including BI/EE subject to and B minimum of $500,000 Additional Coverage: Course of Construction Newly Acquired Properties (120 day reporting) Accounts Receivable Fine Arts, subject to $100,000 maximum per item Fine Arts of Others (unscheduled) in the care, custody and control of the insured maximum $10,000 per item Miscellaneous Unnamed Locations Service Interruption - PD & BI (excluding overhead T & D lines) Leasehold Interest 30 $5,000,000 $5,000,000 $1,000,000 $1,000,000 $250,000 $500,000 City of Temecula *,* Gallagher *O CORE 360" Additional Coverage: DESCRIPTION Miscellaneous Personal Property of the Insured (not reported and not at covered premises) • $500,000 Personal Property of Others $500,000 Rented Mobile/Contractors Equipment $500,000 Land Improvements including trees, shrubs and plants Loss Adjustment Expenses (excluding fees associated with public adjuster) $500,000 $100,000 Building Ordinance Coverage A Included Valuations: Endorsements include, but are not limited to: Company Excess Follow Form Debris Removal clause (Company Form) Excess Limit of Liability and Participation Clause (Company Form) Exclusions include, but are not limited to: DESCRIPTION Pollution (Company Form) Asbestos / Contamination (Company Form) Mold (Company Form Earth Quake Sprinkler Leakage Theft Flood - locations located in 100 year flood plain, X500, X(Shaded) and B flood zones Building Ordinance, Increased Cost of Construction and Demolition (but allow losses to erode the aggregate) Boiler and Machinery Communicable Disease, Virus or Bacteria Cyber Exclusion Endorsement Underlying Sublimited Coverages Exclusion All Risk Perils (including Windstorm) Ensuing Loss War Exclusion Nuclear/Radioactive/Biological and Chemical Exclusion Lloyd's Radioactive Contamination Exclusion Clause Lloyd's Electronic Data Recognition Exclusion 31 City of Temecula ** Gallagher *o• CORE 360'" Exclusions include, but are not limited to: Lloyd's War and Civil War Exclusion Clause Lloyd's Bioloqical or Chemical Materials Exclusion Other Significant Terms and Conditions/Restrictions: Warrant All Risk Underlyer Drop Down clause applicable only to covered locations, perils and interests Unit is defined as: a) Each Separate Building or Structure b) Contents in each Separate Building or Structure c) Property in the Yard d) Business Income/Extra Expense/Rental Value Earth Movement Deductible: 5% per unit including BI, $100,000 minimum except as respects the former YMCA building/pool located at Margarita Park, 29119 Margarita Road, EQ deductible is 25% per unit including BI, $100,000 minimum per Occurrence. Premium $80,042.00 Taxes CA Surplus Lines Tax $2,437.26 Total Taxes $2,437.26 Fees Catastrophe Analysis Fee $1,200.00 CA Stamping Fee $203.11 Total Fees $1,403.11 ESTIMATED PROGRAM COST Minimum Earned Premium - TRIA/TRIPRA PREMIUM (+ Additional Surcharges, Taxes and Fees as applicable) $83,882.37 25.00% $41,321.68 City of Temecula *,* Gallagher *O CORE 360" Coverage: Standalone Terrorism Carrier: Lloyds' Syndicate 2623/623 (Beazley Furlonge Ltd) Policy Period: 7/1/2022 to 7/1/2023 Form Number: Form Type: Terrorism Standalone I Occurrence I N/A Not Applicable Coverage: •nMIT TYPE AMOUNT=�,' Terrorism PD / BI & Liability Combined Limit $5,000,000 Each Occurrence / Claim / Aggregate Limit Deductibles / Self -insured Retention Deductible Terrorism Deductible - Each Occurrence / Claim Deductible Additional Coverage: Demolition and Increased Cost of Construction Extension Endorsements include, but are not limited to: Limit DESCRIPTIOM Lloyd's Security Schedule 2022 - SCHEDULE2022 CA Surplus Lines Disclosure Statement (Pre Bind) - LMA9099A 01 January 2020 CA Surplus Lines Notice (Post Bind) - LMA9098A 01 January 2020 NMA Lloyd's Certificate (without short rate table) - NMA 2868(b) SLC-3 (USA) (24/08/2000) (Re)insurers Liability - LMA 3333 21 June 2007 Cap on Losses Arising Out of Certified Act of Terrorism - E10177 062017 ed. Demolition and Increased Cost of Construction Extension - LMA 5187 28 November 2011 Policyholder Disclosure Notice of Terrorism Insurance Coverage - E06680 082020 ed. Premium Payment Clause - LSW 3001 30/9/08 Service of Suit Clause (U.S.A.) - California - NMA1 998CA 24/04/1986 F00645 062017 ed. Exclusions include, but are not limited to: Sanction Limitation and Exclusion Clause - E02804 032011 ed. AMOUNT $25,000,000 33 City of Temecula *! Gallagher •46CORE 360" Premium $9,376.00 Taxes CA Surplus Lines Tax $281.28 Total Taxes $281.28 Fees CA Stamping Fee $23.44 Total Fees ESTIMATED PROGRAM COST $23.44 $9,680.72 Subject to Audit: Not Auditable City of Temecula *,* Gallagher *O CORE 360" Coverage: Standalone Terrorism Carrier: Lloyd's Syndicate 33 Policy Period: 7/1/2022 to 7/1/2023 Form Number: Form Type: COVERAGE•RM TYPE RETROACTIVE DATE PENDING & PRIOR Terrorism and Sabotage Coverage Part Occurrence N/A Not Applicable Terrorism and Sabotage Coverage Liability Occurrence N/A Not Applicable Coverage: DESCRIPTION• Terrorism and Sabotage Limit $5,000,000 Per Occurrence Terrorism and Sabotage Terrorism and Sabotage Liability Limit Limit $5,000,000 Aggregate Each Claim $1,000,000 Terrorism and Sabotage Liability Limit $2,000,000 Aggregate Per Occurrence Aggregate Limit of Liability for Above Coverage Parts Limit $5,000,000 Deductibles / Self -insured Retention Additional Coverage: •LIMIT TYPE• Terrorism and Sabotage Coverage Part: Business Interruption Sublimit Sublimit Civil or Military Authority Expenses Sublimit Sublimit $1,485,900 $1,000,000 / 30 Day(s) and 1 Mile(s) $250,000 $250,000 $1,000,000 $250,000 Debris Removal Expenses Sublimit Sublimit Decontamination Costs Excluding NCBR Sublimit Demolition and Increased Cost of Construction Sublimit Errors and Omission Sublimit Sublimit Sublimit Sublimit Electronic Data Processing Media Sublimit Sublimit $1,000,000 Extended Period of Indemnity Sublimit Sublimit $0 / 180 Day(s) Fine Art Sublimit Sublimit $250,000 Ingress/Egress Sublimit Sublimit $1,000,000 / 30 Day(s) and 1 Mile(s) Preservation of Property Sublimit Sublimit $250,000 35 City of Temecula *,* Gallagher *O CORE 360" Additional Coverage: Professional Fees Sublimit Sublimit $250,000 $250,000 $1,000,000 / 30 Day(s) and 1 Mile(s) $250,000 $250,000 $250,000 Relocation Expense Sublimit Sublimit Service Interruption Sublimit Sublimit Sublimit Transit Sublimit Valuable Papers Sublimit Accounts Receivable Sublimit Asbestos Sublimit Automatic Coverage Sublimit Commissions, Profits, and Royalties Sublimit Sublimit Sublimit Sublimit $500,000 Sublimit $1,000,000 / 30 Day(s) Sublimit $250,000 Delay in Startup Costs Sublimit Sublimit $250,000 Fire Protective Systems Sublimit Sublimit $10,000 Green Building Additional Expense Sublimit Sublimit $250,000 Key and Lock Expense Sublimit Landscaping Sublimit Sublimit $250,000 $10,000 Sublimit Miscellaneous Unnamed Locations Sublimit Sublimit $1,000,000 / 30 Day(s) Newly Acquired Locations Sublimit Property In Course of Construction Sublimit Soft Costs Sublimit Endorsements include, but are not limited to: DESCRIPTION E2007.6 - Lloyd's Syndicate (33) Endorsement E2010.1 - Premium Payment Clause (Reinsurance) Sublimit Sublimit Sublimit $1,000,000 / 90 Day(s) $1,000,000 $250,000 E2013.2 - Service of Suit Endorsement E2017.1 - Policyholder Disclosure Notice of Terrorism Insurance Cover E2042.1 - Minimum Earned Premium Endorsement Premium $7,845.00 Taxes CA Surplus Lines Tax $235.35 Total Taxes $235.35 Fees CA Stamping Fee $19.61 Total Fees $19.61 ESTIMATED PROGRAM COST $8,099.96 Subject to Audit: Not Auditable City of Temecula ** Gallagher *o• CORE 360'" Coverage: Standalone Terrorism Carrier: Lloyd's Synd 1609 (Mosaic Insurance Company) Policy Period: 7/1/2022 to 7/1/2023 Form Number: Form Type: Terrorism Occurrence I N/A Coverage: Terrorism Terrorism Liability Deductibles / Self -Insured Retention Not Applicable Deductible Terrorism - Any One Occurrence $10,000 Endorsements include, but are not limited to: DESCRIPTION LMA 3030/5039 - Policy Form OFAC Endorsement LMA 5123 - (Re)lnsurers Several Liability Clause Restricted Zip Codes Endorsement Exclusions include, but are not limited to: LMA 3100 - Sanction Limitation & Exclusion Clause LMA 5394 - Communicable Disease Exclusion CL 370 - Institute Radioactive Contamination, Chemical, Biological, Bio-Chemical and Electromagnetic Weapons Exclusion Clause LMA 5409 - Cyber & Data Exclusion 3 City of Temecula*! Premium Gallagher •46CORE 360" $6,000.00 Taxes CA Surplus Lines Tax $180.00 Total Taxes Fees $180.00 CA Stamping Fee $15.00 Total Fees $15.00 ESTIMATED PROGRAM COST Subject to Audit: Not Auditable $6,195.00 City of Temecula ** Gallagher *o• CORE 360'" Coverage: Auto Physical Damage/Contractor's Equipment Carrier: Hanover Insurance Company Policy Period: 7/1/2022 to 7/1/2023 Form Type: Auto Physical Damage I Occurrence I N/A I Not Applicable Coverage: •.EN1JA11MWAU=�•� Catastrophe Limit Limit $5,312,436 Deductibles / Self -Insured Retention COVERAGETYPE • Deductible Auto Physical Damage $5,000 Additional Coverage: DESCRIPTION• Additional Debris Removal Expenses Limit $25,000 Newly Acquired and Substitute Vehicles Limit $1,000,000 Number of Days Limit 5 Days Pollution Cleanup and Removal Limit $10,000 Tower and Labor Costs Limit $25,000 Rental Reimbursement Limit $500 / $10,000 Maximum Per Day Endorsements include, but are not limited to: IM441-1075 01 09 - Policy Form Other Significant Terms and Conditions/Restrictions: DESCRIPTION Property Not Covered: Aircraft or Watercraft; Cargo; Communication Equipment; Contraband; Leased or Rented Property; Personal Effects; Mobile Equipment; Tools; Loaned Property; City of Temecula ** Gallagher *o• CORE 360'" Other Significant Terms and Conditions/Restrictions: Suspended, Revoked, or Invalid License; Waterborne Property Perils Excluded: Civil Authority; Nuclear Hazard; War and Military Action; Contamination or Deterioration; Criminal, Fraudulent, Dishonest or Illegal Acts; Loss of Use; Mechanical Breakdown; Missing Property; Pollutants; Temperature/Humidity; Voluntary Parting; Wear and Tear; Weight of Load. Premium ESTIMATED PROGRAM COST Minimum Earned Premium - Subject to Audit: Not Auditable $16,235.00 $16,235.00 $2,500.00 City of Temecula *,* Gallagher *O CORE 360" Coverage: Cyber Liability Carrier: ACE American Insurance Company Policy Period: 7/1/2022 to 7/1/2023 Form Number: PF-48169 (02/19) Form Type: COVERAGE•RM TYPE RETROACTIVE DATE PENDING & PRIOR Cyber Liability - Third Party Liability Insuring Agreements Claims Made 7/1/2019 Coverage: Maximum Single Limit of Insurance Limit $1,000,000 Maximum Policy Aggregate Limit of Insurance Limit $1,000,000 First Party Insuring Agreements Cyber Incident Response Team Limit Each Incident $1,000,000 Cyber Incident Response Team Limit $1,000,000 Aggregate Non -Panel Response Provider Limit $500,000 Each Incident Non -Panel Response Provider Limit $500,000 Aggregate Business Interruption Loss and Extra Expense Limit $1,000,000 Each Incident Business Interruption Loss and Extra Expense Limit $1,000,000 Aggregate Unscheduled Providers Limit $500,000 Each Incident Unscheduled Providers Limit $500,000 Aggregate Digital Data Recovery Limit Limit $1,000,000 $1,000,000 Each Incident Digital Data Recovery Aggregate Network Extortion Limit $1,000,000 Each Incident Network Extortion Limit $1,000,000 Aggregate Third Party Liability Insuring Agreements Cyber Privacy, Network and Security Liability Limit $1,000,000 Each Claim Cyber Privacy, Network and Security Liability Limit $1,000,000 Aggregate Payment Card Loss Limit $1,000,000 Each Claim Payment Card Loss Limit $1,000,000 Aggregate Regulatory Proceedings Regulatory Proceedings Limit $1,000,000 Each Claim Limit $1,000,000 Aggregate Electronic, Social, and Printed Media Liability Limit $1,000,000 Each Claim Electronic, Social, and Printed Media Liability Limit $1,000,000 Aggregate Cyber Crime Insuring Agreements Computer Fraud Limit $100,000 Each Incident 41 City of Temecula *,* Gallagher *O CORE 360" Coverage: ESCRIPTION Computer Fraud LIMIT TYPE Limit AMOUNT $100,000 Aggregate Funds Transfer Fraud Limit $100,000 Each Incident Funds Transfer Fraud Limit $100,000 Aggregate Social Engineering Fraud Social Engineering Fraud Limit Limit $100,000 $100,000 Each Incident Aggregate Deductibles / Self -Insured Retention COVERAGETYPE First Party Insuring Agreements • Retention Cyber Incident Response Team - Each Incident Retention Cyber Incident Response Coach Retention Non -Panel Response Provider - Each Incident Retention Cyber Incident Response Coach Retention Business Interruption Loss and Extra Expense - Each Incident Deductible Waiting Period - Each Incident Retention Unscheduled Providers - Each Incident Deductible Waiting Period - Each Incident Retention Digital Data Recovery - Each Incident $150,000 $150,000 $150,000 $150,000 $250,000 18 Hours $150,000 24 Hours $150,000 Retention Network Extortion - Each Incident $150,000 Third Party Liability Insuring Agreements Retention Cyber Privacy, Network and Security Liability - Each Claim $150,000 Retention Payment Card Loss - Each Claim Regulatory Proceedings - Each Claim $150,000 Retention $150,000 Retention Electronic, Social, and Printed Media Liability - Each Claim $150,000 Cyber Crime Insuring Agreements Retention Computer Fraud - Each Incident Retention Funds Transfer Fraud - Each Incident $50,000 $50,000 Retention Social Engineering Fraud - Each Incident $50,000 Claims Made Coverage: Should you elect to change carriers (if a new retroactive date is provided) or non -renew this policy, a supplemental extended reporting endorsement may be available subject to policy terms and conditions. You must request the extended reporting period in writing to the carrier within 30 days of the expiration date. The cost of this extended reporting period is 100% of the annual premium and is fully earned. The extended reporting period extends only to those claims made during the extended reporting period for wrongful acts that occurred prior to the expiration date and would have been covered by the policy. Claims must be reported to the carrier within 12 months of the end of the policy period. The extended reporting period does not increase the limits of liability and is subject to all policy terms, conditions and exclusions. City of Temecula ** Gallagher *o• CORE 360'" Definition of Claim: Claim means any: 1. written demand against any Insured for monetary damages or non -monetary or injunctive relief; 2. civil proceeding against any Insured seeking monetary damages or non -monetary or injunctive relief, commenced by the service of a complaint or similar pleading; 3. arbitration, mediation, or other alternative dispute resolution proceeding against any Insured seeking monetary damages or non -monetary or injunctive relief, commenced by the receipt of a written demand, or service of a complaint or similar pleading; 4. criminal proceeding against any Insured commenced by: (a) an arrest, or (b) a return of an indictment, information, or similar document; 5. written request directed at any Insured to toll or waive a statute of limitation applicable to a Claim referenced in paragraphs 1-4 immediately above; or 6. Regulatory Proceeding against any Insured, including, where applicable, any appeal therefrom Incident or Claim Reporting Provision: Incident It, during the Policy Period, any Control Group Member tirst becomes aware of any Incident, or any tact, circumstance, situation, or Incident which may reasonably give rise to a future Claim under this Policy ("Potential Claim"), and written notice is given to the Insurer during the Policy Period, of the: 1. nature of the Incident or Potential Claim; 2. identity of the Insureds allegedly involved; 3. circumstances by which the Insureds first became aware of the Incident or Potential Claim; 4. identity of the actual or potential claimants; 5. foreseeable consequences of the Incident or Potential Claim; and 6. nature of the potential Damages; then any Claim which arises out of such Incident or Potential Claim shall be deemed to have been first made at the time such written notice was received by the Insurer. The Insurer will not pay for Damages or Claims Expenses incurred prior to the time such Incident or Potential Claim results in a Claim. An Insured shall, as a condition precedent to such Insured's rights under this Policy, give to the Insurer written notice of any Incident or Claim as soon as practicable after any Control Group Member discovers such Incident or becomes aware of such Claim, but in no event later than: 1. if this Policy expires (or is otherwise terminated) without being renewed with the Insurer, ninety Claim (90) days after the effective date of such expiration or termination; or 2. the expiration of the Extended Reporting Period, if applicable, provided that if the Insurer sends written notice to the Named Insured, stating that this Policy is being terminated for nonpayment of premium, an Insured shall give to the Insurer written notice of such Claims prior to the effective date of such termination. Gallagher Insurance I Risk Management I Consulting City of Temecula ** Gallagher *o• CORE 360'" Incident or Claim Reporting Provision: If the Insured is unable to provide notification required under this Policy due a prohibition by any law enforcement or governmental authority, the Insured will use its best efforts to provide the Insurer with information to make the Insurer aware of a potential or actual Incident or Claim until written notice can actually be provided. Notwithstanding the foregoing, there shall be no coverage for any such Incident or Claim if the information withheld relating to such Incident or Claim was: a. both (i) known to the Insured prior to the Policy Inception Date shown in Item 2 of the Declarations, and (ii) not disclosed in the Application; or b. not disclosed in writing to the Insurer within a reasonable time period after the prohibition on disclosing the information was revoked or no longer necessary. Endorsements include, but are not limited to: Chubb Cyber Enterprise Risk Management Policy - PF-48169 (02/19) Chubb Producer Compensation Practices & Policies - ALL-20887a (03/16) Policyholder Notice Cyber Services for Loss Mitigation - PF-48260 (10/16) Policyholder Notice Cyber Services for Incident Response - PF-48259 (02/19) U.S. Treasury Department's Office of Foreign Assets Control ("OFAC") Advisory Notice to Policyholders - PF-17914a (04/16) Trade Or Economic Sanctions Endorsement - ALL-21101 (11/06) Policyholder Disclosure Notice Of Terrorism Insurance Coverage - TR-19606e (08/20) Cap On Losses From Certified Acts Of Terrorism - PF-45354 (02/19) Signatures - CC-1 k11j (03/21) Additional Insured — Blanket Pursuant to a Contract — Cyber ERM - PF-48155 (02/19) Prior Knowledge Endorsement - PF-49478 (02/19) Preventative Shutdown - PF-49501 (02/19) Amendatory Endorsement — California - PF-48291(02/19) Exclusions include, but are not limited to: Binding Requirements: DESCRIPTION Does the insured use any End of Life software, if so, do they have legacy systems, what procedures do they have to mitigate and sunset those systems? 44 City of Temecula *,* Gallagher *O CORE 360" Premium ESTIMATED PROGRAM COST TRIA/TRIPRA PREMIUM (+ Additional Surcharges, Taxes and Fees as applicable) Optional Coverages: $61,622.00 $61,622.00 Retention $250K I No I $1,000,000 1 $250,000 I I $49,139.00 $0.00 City of Temecula ** Gallagher *o• CORE 360'" Coverage: Cyber Liability Carrier: Houston Casualty Company Policy Period: 7/1/2022 to 7/1/2023 Form Number: Form Type: Cyber Liability Claims Made and Reported Coverage: Full Prior Acts DESCRIPTIONLIMIT TYPE • Maximum Policy Aggregate Limit Limit $1,000,000 Third Party Liability Insuring Agreements Limit Multimedia Liability Coverage $1,000,000 Each Claim and in theAggregate Security and Privacy Liability Coverage Limit $1,000,000 Each Claim and in the Aggregate Privacy Regulatory Defense and Penalties Coverage Limit $1,000,000 Each Claim and in the Aggregate PCI DSS Liability Coverage Limit $1,000,000 Each Claim and in the Aggregate Bodily Injury Liability Coverage Limit $250,000 Each Claim and in the Aggregate Property Damage Liability Coverage Limit $50,000 Each Claim and in the Aggregate TCPA Defense Coverage Limit $50,000 First Party Insuring Agreements Breach Event Costs Coverage Limit $1,000,000 Each Claim and in the Aggregate Post Breach Remediation Costs Coverage Limit $25,000 Each Claim and in the Aggregate BrandGuard Coverage Limit $1,000,000 Each Claim and in the Aggregate System Failure Coverage Limit $1,000,000 Each Claim and in the Aggregate Dependent System Failure Coverage Limit $11000,000 Each Claim and in the Aggregate Each Claim and in the Cyber Extortion Coverage Limit $1,000,000 Aggregate Cyber Crime Coverage A. Financial Fraud Sublimit Sublimit $100,000 Each Claim and in the City of Temecula *,* Gallagher *O CORE 360" Coverage: DESCRIPTION B. Telecommunications and Utilities Fraud Sublimit C. Phishing Fraud Sublimits 1. Your Phishing Fraud Loss Sublimit 2. Client Phishing Fraud Loss Sublimit 3. Phishing Fraud Aggregate Sublimit (C.1 & C.2. combined) Cyber Crime Aggregate (A., B., & C. combined) Bricking Loss Coverage Property Damage Loss Coverage Reward Expenses Coverage Court Attendance Costs Coverage Deductibles / Self -Insured Retention Aggregate Sublimit $100,000 Each Claim and in the Aggregate Sublimit $100,000 Each Claim and in the Aggregate Sublimit $100,000 Each Claim and in the Aggregate Sublimit $100,000 Limit $100,000 Each Claim and in the Limit $1,000,000 Aggregate Limit $50,000 Each Claim and in the Aggregate Limit $50,000 Each Claim and in the Aggregate Each Claim and in the Limit $25,000 Aggregate Deductible COVERAGE• Multimedia Liability Coverage $100,000 Deductible Security and Privacy Liability Coverage $100,000 Deductible Privacy Regulatory Defense and Penalties Coverage $100,000 Deductible PCI DSS Liability Coverage $100,000 Deductible Deductible Bodily Injury Liability Coverage Property Damage Liability Coverage $100,000 $100,000 Deductible TCPA Defense Coverage Breach Event Costs Coverage Post Breach Remediation Costs Coverage BrandGaurd Coverage - Waiting Period $100,000 Deductible $100,000 Deductible Deductible $100,000 2 weeks Deductible BrandGuard Coverage - Period of Indemnity 6 months Deductible System Failure Coverage Deductible A. Data Recovery Deductible $100,000 Deductible Deductible B. Non -Physical Business Interruption Waiting Period 8 hours Deductible Period of Restoration 6 months 47 City of Temecula ** Gallagher *o• CORE 360'" Deductibles / Self -Insured Retention Deductible Deductible Deductible Dependent System Failure Coverage A. Data Recovery Deductible B. Non -Physical Business Interruption Waiting Period Period of Indemnity Cyber Extortion Coverage Cyber Crime Coverage Bricking Loss Coverage Property Damage Loss Coverage $100,000 Deductible Deductible 12 hours 4 months Deductible Deductible Deductible Deductible $100,000 $100,000 $100,000 $100,000 Deductible Deductible Reward Expenses Coverage $100,000 Court Attendance Costs Coverage $0 Claims Made Coverage: Should you elect to change carriers (if a new retroactive date is provided) or non -renew this policy, a supplemental extended reporting endorsement may be available subject to policy terms and conditions. You must request the extended reporting period in writing to the carrier within 30 days of the expiration date. The cost of this extended reporting period is 100% of the annual premium and is fully earned. The extended reporting period extends only to those claims made during the extended reporting period for wrongful acts that occurred prior to the expiration date and would have been covered by the policy. Claims must be reported to the carrier within 12 months of the end of the policy period. The extended reporting period does not increase the limits of liability and is subject to all policy terms, conditions and exclusions. Definition of Claim: "Claim" means: (a) with respect to Multimedia Liability Coverage and Security and Privacy Liability Coverage only: i. a written demand made against an Insured for Damages or Non -monetary relief; ii. a written request received by an Insured to toll or waive a statute of limitations relating to legal proceedings against an Insured; or iii. the service of a civil lawsuit or the institute of arbitration or other alternative dispute resolution proceedings against an Insured seeking Damages, a temporary restraining order or a preliminary or permanent injunction; (b) with respect to Privacy Regulatory Defense and Penalties Overage only, a Privacy Regulatory Proceeding; (c) with respect to PCU DSS Liability Coverage only, a PCI DSS Demand; (d) with respect to Bodily Injury Liability Coverage only, a Bodily Injury Claim; (e) with respect to Property Damage Liability Coverage only, a Property Damage Claim; (f) with respect to TCPA Defense Coverage Only, a TCPA Claim; (g) with respect to Breach Event Costs Coverage only, written notice from an Executive to the Company of an Adverse Media Report, Security Breach or Privacy Breach; (h) with respect to Post Breach Remediation Costs Coverage only, a written request by an Executive to the Company for indemnification of Post Breach Remediation Costs; 48 City of Temecula ** Gallagher *o• CORE 360'" Definition of Claim: (i) with respect to BrandGuard Coverage only, written notice from an Executive to the Company of a Security Breach or Privacy Breach; Q) with respect to System Failure Coverage only, written notice from an Executive to the Company of a System Failure; (k) with respect to Dependent System Failure Coverage only, written notice from an Executive to the Company of a Dependent System Failure; (1) with respect to Cyber Extortion Coverage only, written notice from an Executive to the Company of a Cyber Extortion Threat; (m) with respect to Cyber Crime Coverage: Financial Fraud only, written notice from an Executive to the Company of Financial Fraud; (n) with respect to Cyber Crime Coverage: Telecommunications and Utilities Fraud only, written notice from an Executive to the Company of Telecommunications Fraud or Utilities Fraud; (o) with respect to Cyber Crime Coverage: Phishing Fraud only, written notice from an Executive to the Company of Phishing Fraud or Client Phishing Fraud; (p) with respect to Bricking Loss Coverage only, written notice from an Executive to the Company of a Bricking Event; (q) with respect to Property Damage Loss Coverage only, written notice from an Executive to the Company of an Occurrence; (r) with respect to Reward Expenses Coverage only, a written request by an Executive to the Company for indemnification of reward Expenses; and (s) with respect to Court Attendance Costs Coverage only, a written request by an Executive to the Company for indemnification of Court Attendance Costs. A Claim under Multimedia Liability Coverage or Security and Privacy Liability Coverage shall not include a Privacy Regulatory Proceeding, PCI DSS Demand or TCPA Claim. A Claim under any Third Party Liability Insuring Agreement of this Policy will be deemed to have been first made against an Insured when any Insured first receives written notice of such Claim. A Claim under any First Party Insuring Agreement of this Policy will be deemed to have been first made when the Company first receives written notice of such Claim. Incident or Claim Reporting Provision: Claim You must: (1) give immediate written notice to the Company of any Occurrence; (2) make best efforts to protect the Covered Property from further loss or damage; (3) promptly separate the damaged and undamaged property, put it in the best possible order and furnish a complete inventory of the lost, destroyed , damaged and undamaged property showing in detail the quantities, costs, Actual Cash Value, replacement value and amount of loss claimed; (4) give a signed and sworn proof of loss to the Company within 120 days after the loss, unless 49 City of Temecula ** Gallagher *o• CORE 360'" Incident or Claim Reporting Provision: Additional Coverage: that time is extended in writing by the Company. The proof of loss must state Your knowledge and belief as to: (a) the time and origin of the loss; (b) Your interest, and that of all others, in the Covered Property; (c) the Actual Cash Value and replacement value of each item and the amount of loss to each item; all encumbrances; and all other contracts of insurance, whether valid or not, covering any of the Covered Property; (d) any changes in the title, use, occupation, location, possession or exposures of the Covered Property since the effective date of the Policy Period; and (e) by whom and for what purpose any Insured Location was occupied on the date of the loss, and whether it then stood on leased ground; (5) include a copy of all descriptions and schedules in all policies and, if required, provide verified plans and specifications of any buildings, fixtures, machinery or equipment destroyed or damaged; and (6) as often as may be reasonably required exhibit to any person designated by the Company all that remains of any property, submit to examination under oath by any person designated by the Company and sign all written records of examinations, and produce for examination, at the Company's request, all books of accounts, business records, bills, invoices and other vouchers, or certified copies if originals are lost, at such reasonable times and places that may be designated by the Company and permit extracts and machine copies to be made. Ransomware Attack I Sublimit Endorsements include, but are not limited to: NGP 1000 (4.2020) - NetGuard Policy NGP1036-42020 - Amendment of BrandGaurd Customer Throughput NGP1012-42020 - Amendment of Created or Acquired Subsidiaries Clause NGP1076-42020 - Policyholder Disclosure Notice of Terrorism Insurance Coverage NGP1098-52022 - Ransomware Attack Sublimit and Coinsurance NGP1075-42020 - Service of Suit Exclusions include, but are not limited to: NGP1078-52020 - Nuclear Incident Exclusion $1,000,000 1 Aggregate City of Temecula ** Gallagher *o• CORE 360'" Binding Requirements: Due prior to binding: Confirmation that MFA is in place for local and remote access to privileged user accounts. Confirmation of the MFA type utilized for local and remote access to the privileged user accounts (mobile OTP, physical key, push -based authentication, Token OTP etc.) Can users access the network with their own device ("Bring Your Own Device")? If yes, is EDR required to be installed on these devices? Confirmation of Applicant's EDR tool is deployed on 100% of endpoints. Confirmation the Applicant's configuration of MFA for remote network access ensures that the compromise of a single device will only compromise a single authenticator. Confirmation of the MFA type utilized for remote access to the Insured's network (mobile OTP, physical key, push - based authentication, token OTP etc.). Confirmation of the Applicant's total annual budget. Due within 7 days of binding: Signed Chubb and HCC ransomware applications, dated within 45 days of the effective date. Premium $47,372.00 Taxes CA Surplus Lines Taxes $1,427.01 Total Taxes $1,427.01 Fees Policy Fee $195.00 CA Stamping Fee $118.92 Total Fees $313.92 ESTIMATED PROGRAM COST $49,112.93 Less Commission Rebate ($5,921.50) Total Premium $43,194.43 Optional Coverages: Option 2 I Yes I $1,000,000 I $50,000 I $49,717.62 I $2,042.56 City of Temecula ** Gallagher *o• CORE 360'" Coverage: Environmental Liability Carrier: Illinois Union Insurance Company Policy Period: 7/1/2022 to 7/1/2023 Form Number: PF-44887b (08/18) Form Type: Coverage A -Premises Pollution Condition Liability, Premises Indoor Environmental Condition Liability, Premises Pollution Condition First- Claims Made Party Claims, Premises Indoor Environmental Condition First -Party and Reported Claims Coverage B - Transportation Liability, Transportation First -Party Claims Claims Made and Reported Coverage C - Non -Owned Disposal Sites Liability Claims Made and Reported Public Entity Coverage Claims Made and Reported Coverage: Per Pollution Condition/Indoor Environmental Condition Aggregate All Pollution Conditions or Indoor Environmental Condition Deductibles / Self -insured Retention 7/1 /2018 7/1 /2018 7/1 /2018 7/1 /2018 Limit Limit Self -Insured Public Entity Coverage - Per Operations Condition Retention Self -Insured Environmental Liability - Per Pollution Condition or Indoor Environmental Condition Retention Deductible Business Interruption Loss - Per Pollution Condition or Indoor Environmental Condition for Business Interruption Loss $1,000,000 $2,000,000 $25,000 $25,000 10 days Claims Made Coverage: Should you elect to change carriers (if a new retroactive date is provided) or non -renew this policy, a supplemental extended reporting endorsement may be available subject to policy terms and conditions. You must request the extended reporting period in writing to the carrier within 90 days of the expiration date. The cost of this extended reporting period is 200% of the annual premium and is fully earned. The extended reporting period extends only to those claims made during the extended reporting period for wrongful acts that occurred prior to the expiration date and would have been covered by the policy. Claims must be reported to the carrier within 33 months of the end of the policy period. The extended reporting period does not increase the limits of liability and is subject to all policy terms, conditions and exclusions. 52 City of Temecula *,* Gallagher *O CORE 360" Definition of Claim: "Claim" means the written assertion of a legal right received by the "insured" from a third -party, or from another "insured" that is party to an "environmental indemnity obligation", including, but not limited to, a "government action", suits or other actions alleging responsibility or liability on the part of the "insured" for "bodily injury", "property damage" or "remediation costs" arising out of "pollution conditions" or "indoor environmental conditions" to which this insurance applies. Incident or Claim Reporting Provision: Claim Without limiting the specific requirements contained in any Insuring Agreement or any other exposure - specific reporting requirements contained within this Policy, the "insured" shall also see to it that the Insurer receives notice of any "claim" or "first -party claim", as soon as practicable, by one or more of the following: 1. Provide written notice to the address, fax number, or email address identified in Item 8.a. of the Declarations to this Policy; or 2. Provide verbal or electronic notice utilizing the Environmental Incident Alert 24-hour Emergency Response and Incident Reporting System by calling the telephone number identified in Item 8. of the Declaration to this Policy or by using the associated telephone web application, respectively. Such notice should include reasonably detailed information as to: 1. The identity of the "insured", including contact information for an appropriate person to contact regarding the handling of the "claim or "first -party claim"; 2. The identity of the "covered location"; 3. The nature of the "claim" or "first -party"; and 4. Any steps undertaken by the "insured" to respond to the "claim" or "first -party claim". Additional Coverage: Public Entity Coverage Sublimit $1,000,000 Per Operations Condition Public Entity Coverage Sublimit $2,000,000 Aggregate Operations Conditions Endorsements include, but are not limited to: Premises Pollution Liability Insurance Policy - PF-44887b (08/18) ,264547.1 (08/18) Schedule of Additional Insureds (Broad - With By Contract) Endorsement - PF-44890 (09/14) Dedicated Defense Aggregate Limit Endorsement - PF-44917a (03/20) Notice of Cancellation Amendatory (Generic Time Frame) Endorsement - PF-44957 (09/14) Public Entity Coverage Amendatory Endorsement - PF-55010 (03/21) Schedule of Covered Locations Endorsement - PF-51286 (10/18) Service of Suit Endorsement - SL-34255a (01/16) 53 City of Temecula *,* Gallagher *O CORE 360" Endorsements include, but are not limited to: DESCRIPTION Trade Or Economic Sanctions Endorsement - ALL-21101 (11/06) Signatures - LD-5S23k (03/21) Chubb Producer Compensation Practices & Policies - ALL-20887a (03/16) U. S. Treasury Department's Office of Foreign Assets Control ("OFAC") Advisory Notice to Policyholders - ILP 001 01 04 Terrorism Risk Insurance Act Endorsement - PF-23728b (02120) Disclosure Pursuant To Terrorism Risk Insurance Act - TRIA11e (08/20) Policyholder Disclosure Notice of Terrorism Insurance Coverage - TRIA24a (08/20) Exclusions include, but are not limited to: Communicable, Infectious Or Contagious Diseases Exclusionary Endorsement - PF-55008 (03/21) Binding Requirements: Signed and dated attached TRIA disclosure form, but only if rejecting TRIA coverage Premium ESTIMATED PROGRAM COST Minimum Earned Premium - TRIA/TRIPRA PREMIUM (+ Additional Surcharges, Taxes and Fees as applicable) Subject to Audit: Not Auditable SCHEDULE OF COVERED LOCATIONS $13,431.00 $13,431.00 50.00% $672.00 Location Retroactive Date 1 Civic Center, 41000 Main St, Temecula, CA 92590 7/1/2018 TVE2 - Temecula Valley Entrepreneurs Exchange, 2 43200 Business Park Dr., Temecula, CA 92590 7/1/2018 Community Recreation Center, 30875 Rancho Vista 3 Rd , Temecula, CA 92590 7/1/2018 Community Recreation Center, 30875 Rancho Vista 4 Rd , Temecula, CA 92590 7/1/2018 Community Recreation Center, 30875 Rancho Vista 5 Rd , Temecula, CA 92590 7/1/2018 Community Recreation Center, 30875 Rancho Vista 6 Rd , Temecula, CA 92590 7/1/2018 Ronald Reagan Sports Park, 30875 Rancho Vista 7 Rd & 42659 Margarita Rd, Temecula, CA 92590 7/1/2018 Ronald Reagan Sports Park, 30875 Rancho Vista 8 Rd & 42659 Margarita Rd, Temecula, CA 92590 7/1/2018 Ronald Reagan Sports Park, 30875 Rancho Vista 9 Rd & 42659 Margarita Rd, Temecula, CA 92590 7/1/2018 54 City of Temecula ** Gallagher •e• CORE 360'" Temecula Community Center, 28816 Pujol Street, 10 Temecula, CA 92590 7/1/2018 Temecula Community Center, 28816 Pujol Street, 11 Temecula, CA 92590 7/1/2018 Mary Phillips Senior Center, 41845 6th Street, 12 Temecula, CA 92590 7/1/2018 Temecula Valley History Museum, 28314 Mercedes, 13 Temecula, CA 92590 7/1/2018 Chapel of Memories, 28300 Mercedes, Temecula, 14 CA 92590 7/1/2018 Children's Museum, 42081 Main Street, Temecula, 15 CA 92590 7/1/2018 Old Town Temecula Community Theater, 42051 16 Main Street, Temecula, CA 92590 7/1/2018 Mercantile Building, 42049 Main Street, Temecula, 17 CA 7/1/2018 West Wing, 43210 Business Park Dr., Temecula, CA 18 92590 7/1/2018 Field Operation Center, 43230 Business Park, 19 Temecula, CA 92590 7/1/2018 Ronald H. Roberts Temecula Library, 30600 Pauba 20 Rd, Temecula, CA 92592 7/1/2018 Parking Garage, 28690 Mercedes St., Temecula, CA 21 92590 7/1/2018 TCC SAFE House, 28816 Pujol Street, Temecula, 22 CA 92590 7/1/2018 Bahia Vista Park, 41566 Avenida De La Reina, 23 Temecula, CA 7/1/2018 Butterfield Stage Park, 33654 De Portola Road, 24 Temecula, CA 92590 7/1/2018 Calle Aragon Park, 41621 Calle Aragon , Temecula, 25 CA 7/1/2018 Crowne Hill Park, 33203 Old Kent Rd, Temecula, CA 26 1 92590 7/1/2018 Harveston Community Park, 28582 Harveston Dr., 27 Temecula, CA 92591 7/1/2018 Harveston Community Park, 28582 Harveston Dr., 28 Temecula, 92590 7/1/2018 Harveston Lake Park, 29005 Lake House Road, 29 Temecula, CA 92590 7/1/2018 John Magee Park, 44576 Corte Veranos, Temecula, 30 CA 92592 7/1/2018 Kent Hintergardt Park, 31465 Via Cordoba, 31 Temecula, CA 92592 7/1/2018 Loma Linda Park, 30877 Loma Linda Road, 32 Temecula, CA 92592 7/1/2018 Long Canyon Creek Park, 40356 N. General Kearny 33 Rd, Temecula, CA 92591 7/1/2018 Margarita Recreation Center, 29119 Margarita Rd, 34 Temecula, CA 92590 7/1/2018 Eagle Soar Splash Pad, 29119 Margarita Rd, 35 Temecula, CA 92590 7/1/2018 Margarita Community Park, 29119 Margarita Rd, 36 Temecula, CA 92590 7/1/2018 Meadows Park, 43110 Meadows Parkway, 37 Temecula, CA 92590 7/1/2018 Nakayama Park, 30952 Nicolas Rd, Temecula, CA 38 92591 7/1/2018 55 City of Temecula ** Gallagher •e• CORE 360'" Nicolas Road Park, 39955 Nicolas Rd, Temecula, 39 CA 92591 7/1/2018 Pablo Apis Park, 33005 Regina Dr., Temecula, CA 40 92592 7/1/2018 Pala Community Park, 44900 Temecula Lane, 41 Temecula, CA 92592 7/1/2018 Paloma Del Sol Park, 32099 De Portola, Temecula, 42 CA 92592 7/1/2018 Paseo Gallante Park, 32455 Camino San Dimas, 43 Temecula, CA 92592 7/1/2018 Patrica H. Birdsall Sports Park, 32380 Deer Hollow 44 Way, Temecula, CA 92590 7/1/2018 Pauba Ridge Park, 33405 Pauba Road, Temecula, 45 CA 92592 7/1/2018 Redhawk Community Park, 44715 Redhawk 46 Parkway, Temecula, CA 92592 7/1/2018 Riverton Park, 30950 Riverton Ln, Temecula, CA 47 92591 7/1/2018 Rotary Park, 28816 Pujol Street, Temecula, CA 48 92590 7/1/2018 Sam Hicks Park, 41970 Moreno Dr, Temecula, CA 49 92590 7/1/2018 Serena Hills Park, 40747 Walcott Lane, Temecula, 50 CA 92591 7/1/2018 Stephen Linen Jr. Memorial Park, 44935 Nighthawk 51 Pass, Temecula, CA 92592 7/1/2018 Sunset Park, 32155 Camino San Jose, Temecula, 52 CA 92592 7/1/2018 Temecula Duck Pond, 28250 Ynez Rd & Rancho, 53 Temecula, CA 92591 7/1/2018 Temecula Creek Trail Park, 33662 Channel Street, 54 Temecula, CA 92592 7/1/2018 Temeku Hill Park, 31367 La Serena Way, Temecula, 55 CA 92590 7/1/2018 Vail Ranch Park, 32965 Harmony Lane, Temecula, 56 CA 92592 7/1/2018 Veteran's Park, 30965 La Serena Way, Temecula, 57 CA 92591 7/1/2018 58 Voorburg Park, 39960 Nicolas Rd, Temecula, CA 7/1/2018 Winchester Creek Park, 39950 Margarita Rd, 59 1 Temecula, CA 92590 7/1/2018 Wolf Creek Trail Park, 45454 Wolf Creek Rd, 60 Temecula, CA 92591 7/1/2018 Wolf Creek Park, 45850 Wolf Creek Dr. N., 61 Temecula, CA 92592 7/1/2018 Fire Station #84, 30650 Pauba Rd., Temecula, CA 62 1 92590 7/1/2018 Fire Station #73, 27415 Enterprise Cr. West, 63 Temecula, CA 7/1/2018 Fire Station #92, 32221 Wolf Valley Road, 64 Temecula, CA 92592 7/1/2018 Fire Station #95, 32131 South Loop Rd., Temecula, 65 CA 92591 7/1/2018 Temecula Citizens Corp & Paramedics, 32364 66 Overland Trail, Temecula, CA 92592 7/1/2018 Temecula Elementary School, 41951 Moraga Rd, 67 Temecula, CA 92590 7/1/2018 56 City of Temecula ** Gallagher •e• CORE 360'" Temecula Elementary School, 41951 Moraga Rd, 68 Temecula, CA 92591 7/1/2018 Temecula Middle School, 42075 Meadows Pkwy, 69 Temecula, CA 92591 7/1/2018 Prefab Radio Bldg., 30027 Front St, Temecula, CA 70 92590 7/1/2018 Escalar House & Barn, 28870 Pujol St., Temecula, 71 CA 92589 7/1/2018 Restrooms - 6th & Front, 6th & Front Streets, 72 Temecula, CA 92590 7/1/2018 Town Square Park, 41000 Main Street, Temecula, 73 CA 92590 7/1/2018 Old Town Temecula, Old Town Front St, Temecula, 74 CA 92590 7/1/2018 Basket Fountain @ Town Square Park, 41000 Main 75 Street, Temecula, CA 92590 7/1/2018 Temecula Duck Pond - "Singing in the Rain", 28250 76 Ynez Road, Temecula, CA 92590 7/1/2018 Overland Bridge Artwork, 27624 Jefferson & 26531 77 Ynez Rd, Temecula, CA 92590 7/1/2018 Civic Center Mural on Parking Garage, 28690 78 Mercedes St, Temecula, CA 92590 7/1/2018 "Immigrant Trail", Civic Center Mural, Temecula, CA 79 92590 7/1/2018 Temecula Duck Pond - Veterans Memorial, 28250 Ynez Rd & Rancho California Rd, Temecula, CA 80 92590 7/1/2018 Temecula Duck Pond - Fallen Heros Memorial, 28250 Ynez Rd & Rancho California Rd, Temecula, 81 CA 92590 7/1/2018 Jefferson Recreation Center (JRC), 41375 McCabe 82 Court, Temecula, CA 92590 7/1/2018 Skyview Park, 31991 Rouripaugh Rd, Temecula, CA 83 92590 7/1/2022 Sports Ranch at Sommers Bend, 31230 North 84 Sommers Bend, Temecula, CA 92591 7/1/2022 City of Temecula Coverage: Drone Coverage Carrier: National Liability & Fire Insurance Co ACE American Insurance Company Policy Period: 7/1/2022 to 7/1/2023 Form Type: *,* Gallagher *O CORE 360" COVERAGE•RM TYPE RETROACTIVE DATE PENDING & PRIOR Unmanned Aircraft Systems (UAS) Occurrence N/A Not Applicable Participation Schedule: Coverage: DESCRIPTION 1 Liability Limit Combined Single Limit Each Occurrence Scheduled Unmanned Aircraft system(s) Aviation Premises Liability — Each Occurrence Medical Payments Each Person Bonds Foaming and Reimbursement of Recovery Expenses Lost in Flight Loss of Wages War, Hijacking and Other Perils Limited Write -Back Provisions Aggregate Limited Write -Back of Coverage including Certified Terrorism Loss Coverage Excluded by the War, Hi -jacking and other Perils Exclusion (Physical Damage) Personal and Advertising Injury Liability Newly Acquired Unmanned Aircraft Systems Limit $2,000,000 Limit $2,000,000 Limit $2,000,000 Limit $5,000 $5,000 $2,500 10 days up to $500 per day Limit Limit Limit Limit Limit $2,000,000 See Values on Unmanned Aircraft System Schedule $2,000,000 Same Coverage and "Limits of Coverage" Liability which apply to the Unmanned Aircraft System In item 5. of the Declarations Physical Damage Limit $10,000 Non -Owned Unmanned Aircraft System Liability Coverage Limit $2,000,000 Non -Owned Unmanned Aircraft System Medical Coverage Limit $5,000 Liability Coverage for Property Damage to Non -Owned Unmanned Limit $2,500 58 City of Temecula *,* Gallagher *O CORE 360" Coverage: Aircraft System Automatic Increased Value for Modification of Unmanned Aircraft Limit $5,000 Assumed Liability Endorsement Limit $2,000,000 Deductibles / Self -Insured Retention TYPE COVERAGE Deductible Each and Every Loss 5% of the Amount of Insurance Deductible Liability Coverage for Property Damage to Non -Owned Unmanned Aircraft 5% System Endorsements include, but are not limited to: Policy Form - USAIG Member Companies - Unmanned Aircraft System Policy Form Assumed Liability Endorsement Performance Vector Unmanned Endorsement State Required Endorsements Sanctions and Embargo Clause Exclusions include, but are not limited to: Date Change Recognition Exclusion Date Change Recognition Exclusion Limited Write -Back Provisions Noise, Pollution, and Other Perils Exclusion Asbestos Exclusion Nuclear Risk Exclusion War, Hijacking and Other Perils Exclusion Clause Limited Write -Back of Coverage including Certified Terrorism Loss Coverage Excluded by the War, Hijacking and other Perils Exclusion (Physical Damage) Other Significant Terms and Conditions/Restrictions: 59 City of Temecula *! Gallagher •46CORE 360" Premium ESTIMATED PROGRAM COST Subject to Audit: Not Auditable Unmanned Aircraft System Schedule Regir stration Unmanned Aircraft Number System Value ® 1 • • ' • M Premium FAA Amount Physical Registration of Damage Number Insurance Premium • • '11 '1 � 111 111 Total $1,622.00 $1, 622.00 City of Temecula *,* Gallagher *O CORE 360" Coverage: Volunteer Accident Carrier: Berkley Life and Health Insurance Company Policy Period: 7/1/2022 to 7/1/2023 Form Number: Form Type: Volunteer Accident I Occurrence N/A Coverage: Accidental Death and Dismemberment Aggregate Limit of Liability Per Covered Accident Accident Medical and Dental Expense - Accident Medical Expense - Loss Period (First Covered Accident Expenses Must be Incurred Within) - Benefit Period Additional Benefits: - Total Disability - Weekly Benefit Amount - Total Disability - Maximum Benefit Period Per Covered Accident - Total Disability - Total Disability Incurral Period Not Applicable Limit Principal Sum: $50,000 Limit $500,000 Limit $100,000 90 Days After the Date of the Covered Accident 52 Weeks Limit $300 Per Week 26 Weeks Within 180 Days from the Date of a Covered Accident Deductibles / Self -Insured Retention TYPE COVERAGE Deductible Accident Medical and Dental Expense $0 Corridor Deductible Additional Benefits : Total Disability : Benefit Waiting Period 7 days Additional Coverage: Accidental Death and Dismemberment Benefit - Loss of Benefit: (Percentage of Principal Sum) Life 100% Brain Death 200% Quadriplegia 200% Two or More Members 100% One Member 50% 61 City of Temecula *,* Gallagher *O CORE 360" Additional Coverage: Hemiplegia Paraplegia Uniplegia Thumb and Index Finger of the Same Hand Four fingers of the Same Hand 100% 150% 50% 25% 25% Exclusions include, but are not limited to: DESCRIPTION The Policy does not cover any loss resulting in whole or part from, or contributed to by, or as a natural or probable consequence of any of the following even if the immediate cause of the loss is an accidental bodily Injury, unless otherwise covered under the policy by Additional Benefits: Suicide, Self —Destruction, Attempted Self —Destruction or Intentional Self —Inflicted Injury While Sane or Insane. War or any Act of War, Declared or Undeclared. Service or Active Duty in the Armed Forces, National Guard, Military, Naval or Air Service or Organized Reserve Corps of any Country or International Organization. Sickness, Disease or any Bacterial Infection, Except One that Results from an Accidental Cut or Wound or Pyogenic Infections that Result from Accidental Ingestion of Contaminated Substances. Disease or Disorder of the Body or Mind. Asphyxiation from Voluntarily or Involuntarily Inhaling Gas and not the Result of the Covered Person's Job. Voluntarily Taking any Drug or Narcotic Unless the Drug or Narcotic is Prescribed by a Physician. Intoxication or Being Under the Influence of any Drug or Narcotic. Violation or in Violation or Attempt to Violate any Duly —Enacted Law or Regulation, Or Commission or Attempt to Commit an Assault or Felony, Or that Occurs While Engaged in an Illegal Occupation. Conditions that are not Caused by a Covered Accident. Covered Expenses for Which the Covered Person Would not be Responsible in the Absence of This Policy. Injuries Paid Under Workers' Compensation, Employer's Liability Laws or Similar Occupational Benefits or While Engaging in Activity for Monetary Gain from Sources Other than the Policyholder. Travel or Activity Outside the United States. Participation in any Motorized Race or Speed Contest. Aggravation or RE —Injury of a Prior Injury that the Covered Person Suffered Prior to His or Her Coverage Effective Date, Unless we Receive a Written Medical Release from the Covered Person's Physician. Heart Attack, Stroke or Other Circulatory Disease or Disorder, Whether or not Known or Diagnosed, Unless the Immediate Cause of Loss is External Trauma. Any Injury Requiring Treatment Which Arises out of, Or in the Course of Fighting, Brawling Assault or Battery. Injury Caused by, Contributed to or Resulting from the Covered Person's use of Alcohol, Illegal Drugs or Medicines that are not Taken in the Dosage or for the Purpose as Prescribed by the Covered Person's Physician. Services or Treatment Rendered by a Physician, Nurse or any Other Person Who is Employed or Retained by the Policyholder; Or an Immediate Family Member of the Covered Person. Treatment of a Hernia Whether or not Caused by a Covered Accident. 62 City of Temecula *,* Gallagher *O CORE 360" Exclusions include, but are not limited to: DESCRIPTION Treatment of Osgood—Schlatter's Disease, Osteochondritis, Appendicitis, Osteomyelitis, Cardiac Disease or Conditions, Pathological Fractures, Congenital Weakness, Whether or not Caused by a Covered Accident. Treatment of a Detached Retina Unless Caused by an Injury Suffered from a Covered Accident. Pregnancy, Childbirth, Miscarriage, Abortion or any Complications of any of These Conditions. Mental or Nervous Disorders, Except as Specifically Provided in This Policy. Damage to or Loss of Dentures or Bridges or Damage to Existing Orthodontic Equipment, Except as Specifically Provided in This Policy. Expense Incurred for Treatment of Temporomandibular or Craniomandibular Joint Dysfunction and Associated Myofacial Pain, Except as Specifically Provided in This Policy. Loss Resulting from Participation in any Activity not Specifically Covered by This Policy. Any Treatment, Service or Supply not Specifically Covered by This Policy. Eyeglasses, Contact Lenses, Hearing Aids. Practice or Play in any Sports Activity, Including Travel to and from the Activity and Practice, Unless Specifically Provided for in the Policy. Travel or Flight in or on any Vehicle for Aerial Navigation, Including Boarding or Alighting from: i. While riding as a passenger in any aircraft not intended or licensed for the transportation of passengers; or ii. While being used for any test or experimental purpose; or iii. While piloting, operating, learning to operate or serving as a member of the crew thereof; or iv. while traveling in any such aircraft or device which is owned or leased by or on behalf of the Policyholder of any subsidiary or affiliate of the Policyholder, or by the Covered Person or any member of his household. Other Significant Terms and Conditions/Restrictions: Eligibility: Class 1: All registered volunteers of the Policyholder Covered Activities: Class 1: While participating in the Policyholder's supervised and sponsored activities including direct travel to and from the activities. Accident Medical and Dental Expense Co -Insurance : 100% Terms of Payment : Primary Premium ESTIMATED PROGRAM COST Subject to Audit: Not Auditable $1,282.00 $1,282.00 City of Temecula *,* Gallagher *O CORE 360" Coverage: Volunteer Accident Carrier: Chubb Group of Insurance Companies Policy Period: 7/1/2022 to 7/1/2023 Form Number: Form Type: Volunteer Accident I Occurrence N/A Coverage: Principal Sum: Class 1 Limit Aggregate Limit of Insurance: A maximum limit of insurance Limit of Accident Medical Expense (Benefit Period: 52 weeks) Limit Deductibles / Self -Insured Retention Accident Medical Expense Exclusions include, but are not limited to: Owned Aircraft, Leased Aircraft or Operated Aircraft Aircraft Pilot or Crew Disease or Illness Felony Intoxication and Narcotics Rocket Propelled or Rocket Launched Conveyance Service in the Armed Forces Specialized Aviation Suicide or Intentional Injury War Premium ESTIMATED PROGRAM COST Not Applicable $30,000 $500,000 Per Accident Maximum Benefit Amount: $100,000 $0 $1,321.00 $1,321.00 64 City of Temecula ** Gallagher •e• CORE 360'" Subject to Audit: Not Auditable Accidental Death and Dismemberment: Loss of Life PrincipalAccidental Benefit Amounts (Percentage of 100% Loss of Speech and Loss of Hearing 100% Loss of Speech and one of Loss of Hand, Loss of Foot or Loss of Sight of One Eye 100% Loss of Hearing and one of Loss of Hand, Loss of Foot or Loss of Sight of One Eye 100% Loss of Hands (Both), Loss of Feet (Both), Loss of Sight or a combination of any two of Loss of Hand, Loss of Foot or Loss of Sight of One Eye 100% Quadriplegia 100% Paraplegia 75% Hemiplegia 50% Loss of Hand, Loss of Foot or Loss of Sight of One Eye (Any one of each 50% Loss of Speech or Loss of Hearing 50% Uniplegia 25% Loss of Thumb and Index Finger of the same Hand 25% 65 G,) City of Temecula Premium Summary The estimated program cost for the options are outlined in the following table: Gallagher •• CORE 360" First Excess Liability - $2M xs SIR Second Excess Liability - Premium Taxes Srchrr ` Total Fees Estimated Cost Annualized Cost TRIA Premium Premium - _ - - - Illinois Union Insurance Company (ACE Group) $277,172.00 $8,315.16 $692.93 $286,180.09 N/A $9,305.92 - Princeton Excess & $245,000.00 $3M xs $2M Taxes _ Surplus Lines Ins $7,350.00 Srchrg & t- ibimit - Co (Munich - American Holding Total Fees - Corporation) - Estimated Cost - $252,962.50 Annualized Cost Hallmark Specialty N/A $225,000.00 Third Excess Liability - Premium Hallmark Specialty $125,000.00 $5M xs $5M Taxes Insurance $3,750.00 Insurance $6,750.00 Srrhra & Asmnt Company - Company (Hallmark Financial (Hallmark Financial Total Fees Services, Inc.) $312.50 Services, Inc.) $562.50 Estimated Cost $129,062.50 $232,312.50 Annualized Cost - - TRIA Premium - $4,646.25 :. City of Temecula Excess Workers' Premium Arch Insurance Compensation u„ Company (Arch Insurance Group) Srchrg & Asmnt Total FPP�q Estimated Cost Annualized Cost Property Premium Hanover Insurance Taxes Company (Hanover Insurance Srchrg & Asmnt Companies) Total Fees Estimated Cost Annualized Cost TRIA Premium Primary Difference in Premium Steadfast Conditions - $10M Limit Taxes Insurance Srchrg & Asmnt Company (Zurich Insurance Group Total Fees Ltd) Estimated Cost Annualized Cost TRIA Premium - Arch Insurance $137,199.00 _ Company (Arch _ - Insurance Group) _ $108,154.00 $137,199.00 Hanover Insurance $145,155.00 - _ Company (Hanover _ Insurance Companies) $123,659.00 $145,155.00 Steadfast $172,890.00 $151,200.00 $4,933.50 Insurance $5,195.70 Company (Zurich - Insurance Group $600.00 Ltd) $732.98 $156,733.50 $178,818.68 67 $89,254.46 Gallagher *• CORE 360" City of Temecula Gallagher *• CORE 360" Excess Difference in Premium QBE Specialty $70,000.00 General Security $80,042.00 - Conditions - $25M xs $10M Taxes Insurance $2,314.00 Indemnity Co of $2,437.26 - Srchro F Company (QBE - Arizona (SCOR - Insurance Group) Reinsurance Total Fees Lloyd's Syndicate $1,200.00 Company) p y) $1,403.11 - Estimated Cost 33 $73,514.00 Lloyd's Syndicate $83,882.37 Annualized Cost General Security - 33 - TRIA Premium Indemnity Co of - Mercer Insurance $41,321.68 Arizona (SCOR Company (United Reinsurance Fire & Casualty Company) Group) Mercer Insurance QBE Specialty Company (United Insurance Fire & Casualty Company (QBE Group) Insurance Group) Standalone Terrorism Premium Lloyds' Syndicate $8,610.00 Lloyds' Syndicate $9,376.00 Lloyd's Syndicate $7,845.00 Taxes 2623/623 (Beazley $258.30 2623/623 (Beazley $281 28 33 $235.35 Srchrg & Asmnt Furlonge Ltd) - Furlonge Ltd) Total Fees I - - - Estimated Cost $8,889.83 $9,680.72 $8,099.96 Annualized Cost - - - [:1.1 City of Temecula Cyber Liability Environmental Liability Auto Physical Damage/Contractor's Equipment Premium ACE American Taxes Insurance Company (Chubb Srchro F Limited) Total Fees Estimated Cost Annualized Cost TRIA Premium Premium Illinois Union Taxes Insurance Company (ACE Srchrg & Asmn} Group) Total Fees Estimated Cost Annualized Cost TRIA Premium Premium Hanover Insurance Taxes Company Srchrg & Asmnt Total Fees Estimated Cost Annualized Cost TRIA Premium $30,690.00 $12,152.00 $364.56 $30.38 $12, 546.94 $10,104.00 $10,104.00 :• ACE American Insurance Company (Chubb Limited) Illinois Union Insurance Company (ACE Group) Hanover Insurance Company Gallagher *• CORE 360" $61,622.00 Houston Casualty Company (Tokio Marine Holdings, Inc.) $61,622.00 $0.00 $13,431.00 $13,431.00 $672.00 $16,235.00 $16,235.00 $47,372.00 $1,427.01 $313.92 $49,112.93 City of Temecula Drone Coverage Volunteer Accident Premium United States Aircraft Insurance Srchrg & Asmnt Group Total FPPS Estimated Cost Annualized Cost TRIA Premium Premium Berkley Life and Taxes Health Insurance Company (W. R. Srchrg & Asmnt Berkley Group ) Total Fees Estimated Cost Annualized Cost TRIA Premium Total Estimated Program Cost National Liability & _ Fire Insurance Co (Berkshire Hathaway Insurance Group) $1,440.00 ACE American - Insurance - Company (Chubb Limited) - Berkley Life and _ Health Insurance Company (W. R. Berkley Group ) $1,465.00 $656,258.77 70 Gallagher *• CORE 360" $1,622.00 $1,622.00 $1,282.00 Chubb Group of _ Insurance Companies (Chubb Group of Insurance - Companies) $1,282.00 $1,420,382.60 $1,321.00 $1,321.00 $58,532.93 City of Temecula Quote from ACE American Insurance Company (Chubb Limited) is valid until 7/1/2022 Quote from Illinois Union Insurance Company (ACE Group) is valid until 7/1/2022 Quote from Steadfast Insurance Company (Zurich Insurance Group Ltd) is valid until 7/1/2022 Quote from General Security Indemnity Co of Arizona (SCOR Reinsurance Company), etc... is valid until 7/1/2022 Quote from Hanover Insurance Company (Hanover Insurance Companies) is valid until 5/18/2022 Quote from Arch Insurance Company (Arch Insurance Group) is valid until 5/13/2022 Quote from Berkley Life and Health Insurance Company (W. R. Berkley Group ) is valid until 7/4/2022 Quote from Lloyds' Syndicate 2623/623 (Beazley Furlonge Ltd) is valid until 7/1/2022 Quote from National Liability & Fire Insurance Co (Berkshire Hathaway Insurance Group), etc... is valid until 7/1/2022 Quote from Illinois Union Insurance Company (ACE Group) is valid until 7/1/2022 Quote from Princeton Excess & Surplus Lines Ins Co (Munich -American Holding Corporation) is valid until 7/1/2022 Quote from Hallmark Specialty Insurance Company (Hallmark Financial Services, Inc.) is valid until 7/1/2022 Quote from Hanover Insurance Company (Hanover Insurance Companies) is valid until 7/1 /2022 Quote from Houston Casualty Company (Tokio Marine Holdings, Inc.) is valid until 7/1/2022 Quote from Chubb Group of Insurance Companies (Chubb Group of Insurance Companies) is valid until 7/1/2022 Quote from Lloyd's Syndicate 33 is valid until 7/1/2022 Quote from Lloyd's Synd 1609 (Mosaic Insurance Company) (Underwriters at Lloyd's, London) is valid until 7/1/2022 Gallagher *• CORE 360'" Gallagher is responsible for the placement of the following lines of coverage: First Excess Liability - $2M xs SIR Second Excess Liability - $3M xs $2M Third Excess Liability - $5M xs $5M Excess Workers' Compensation Property Primary Difference in Conditions - $10M Limit Excess Difference in Conditions - $25M xs $10M Standalone Terrorism Auto Physical Damage/Contractor's Equipment Cyber Liability Environmental Liability Drone Coverage Volunteer Accident It is understood that any other type of exposure/coverage is either self -insured or placed by another brokerage firm other than Gallagher. If you need help in placing other lines of coverage or covering other types of exposures, please contact your Gallagher representative. This proposal of insurance features insurance policies which contain cancellation provisions to refund premium other than on a pro-rata basis for such occurrences including but not limited to non-payment of premium (short rate penalty provisions). At your request, we can detail the terms of such cancellation provisions. 71 City of Temecula *,* Gallagher *O CORE 360" Payment Plans CARRIER / PAYABLE CARRIER LINE OF COVERAGE METHODSCHEDULE Illinois Union Insurance Company (ACE Group) Excess Liability - $2M xs Prepaid Agency Bill SIRt Princeton Excess & Surplus Lines Ins Co Second Excess Liability - $3M (Munich -American Holding Corporation) xs $2M Prepaid Agency Bill F Hallmark Specialty Insurance Company Third Excess Liability - $5M xs (Hallmark Financial Services, Inc.) $5M Prepaid Agency Bill Arch Insurance Company (Arch Insurance Excess Workers' Group) Compensation Prepaid Agency Bill Hanover Insurance Company (Hanover Property Prepaid Agency Bill Insurance Companies) Steadfast Insurance Company (Zurich Insurance Primary Difference in Prepaid Agency Bill Group Ltd) Conditions - $10M Limit General Security Indemnity Co of Arizona (SCOR Reinsurance Company) Lloyd's Syndicate 33 Mercer Insurance Company (United Fire & Excess Difference in Conditions - $25M xs $10M Prepaid Agency Bill Casualty Group) QBE Specialty Insurance Company (QBE Insurance Group) Lloyds' Syndicate 2623/623 (Beazley Furlonge Standalone Terrorism Full Pay Agency Bill Ltd) Standalone Terrorism Standalone Terrorism Lloyd's Syndicate 33 Prepaid Agency Bill Lloyd's Synd 1609 (Mosaic Insurance Company) Prepaid Agency Bill (Underwriters at Lloyd's, London) Hanover Insurance Company (Hanover Auto Physical Insurance Companies) Damage/Contractor's Prepaid Agency Bill Equipment ACE American Insurance Company (Chubb Prepaid Agency Bill Cyber Liability Limited) Houston Casualty Company (Tokio Marine Cyber Liability Prepaid Agency Bill Holdings, Inc.) Illinois Union Insurance Company (ACE Group) Environmental Liability Prepaid Agency Bill 72 City of Temecula ** Gallagher *o• CORE 360'" FN!a Haft ACE Limit Berkl R. Be Chut Grou UER / PAYABLE CARRIER LINE COVERAGE PAYMENT 'PAYMENT METHODSCHEDULE nal Liability & Fire Insurance Co (Berkshire away Insurance Group) Drone Coverage Prepaid Agency Bill American Insurance Company (Chubb ed) ey Life and Health Insurance Company (W. rkley Group) Volunteer Accident Prepaid Agency Bill b Group of Insurance Companies (Chubb p of Insurance Companies) Volunteer Accident Prepaid Agency Bill City of Temecula *,* Gallagher *O CORE 360" Carrier Ratings and Admitted Status PROPOSED. ACE American Insurance Company FINANCIAL SIZE .- A++ XV A+ XV Admitted Arch Insurance Company Admitted Berkley Life and Health Insurance Company A+ VIII Admitted Chubb Group of Insurance Companies General Security Indemnity Co of Arizona Admitted A+ XV Non -Admitted Hallmark Specialty Insurance Company A- VIII Non -Admitted Hanover Insurance Company Houston Casualty Company A XV Admitted Non -Admitted A++ XV Illinois Union Insurance Company A++ XV Non -Admitted Lloyd's Synd 1609 (Mosaic Insurance Company) NR Non -Admitted Lloyds' Syndicate 2623/623 (Beazley Furlonge Ltd) Lloyd's Syndicate 33 Mercer Insurance Company A XV Non -Admitted Non -Admitted A XV A XI Non -Admitted National Liability & Fire Insurance Co A++ XV Admitted Princeton Excess & Surplus Lines Ins Co A+ XV Non -Admitted QBE Specialty Insurance Company Steadfast Insurance Company A XV A+ XV Non -Admitted Non -Admitted *Gallagher companies use A.M. Best rated insurers and the rating listed above was verified on the date the proposal document was created. Best's Credit RatingsTm reproduced herein appear under license from A.M. Best and do not constitute, either expressly or impliedly, an endorsement of Gallagher's service or its recommendations. A.M. Best is not responsible for transcription errors made in presenting Best's Credit RatingsTM. Best's Credit RatingsTm are proprietary and may not be reproduced or distributed without the express written permission of A.M. Best. A Best's Financial Strength Rating is an independent opinion of an insurer's financial strength and ability to meet its ongoing insurance policy and contract obligations. It is not a warranty of a company's financial strength and ability to meet its obligations to policyholders. Best's Credit RatingsTm are under continuous review and subject to change and/or affirmation. For the latest Best's Credit RatingsTm and Guide to Best's Credit Ratings, visit the A.M. Best website at http://www.ambest.com/ratings. **If coverage placed with a non -admitted carrier, it is doing business in the state as a surplus lines or non -admitted carrier, and is neither subject to the same regulations as an admitted carrier nor do they participate in any state insurance guarantee fund. Gallagher companies make no representations and warranties concerning the solvency of any carrier, nor does it make any representation or warranty concerning the rating of the carrier which may change. City of Temecula *,* Gallagher *O CORE 360" Proposal Disclosures City of Temecula ** Gallagher *oP CORE 360'" Proposal Disclosures The following disclosures are hereby made a part of this proposal. Please review these disclosures prior to signing the Client Authorization to Bind or e-mail confirmation. Proposal Disclaimer IMPORTANT: The proposal and/or any executive summaries outline certain terms and conditions of the insurance proposed by the insurers, based on the information provided by your company. The insurance policies themselves must be read to fully understand the terms, coverages, exclusions, limitations and/or conditions of the actual policy contract of insurance. Policy forms will be made available upon request. We make no warranties with respect to policy limits or coverage considerations of the carrier. Compensation Disclosure 1. Gallagher Companies are primarily compensated from the usual and customary commissions, fees or, where permitted, a combination of both, for brokerage and servicing of insurance policies, annuity contracts, guarantee contracts and surety bonds (collectively "insurance coverages") handled for a client's account, which may vary based on market conditions and the insurance product placed for the client. 2. In placing, renewing, consulting on or servicing your insurance coverages, Gallagher companies may participate in contingent and supplemental commission arrangements with intermediaries and insurance companies that provide for additional compensation if certain underwriting, profitability, volume or retention goals are achieved. Such goals are typically based on the total amount of certain insurance coverages placed by Gallagher with the insurance company, not on an individual policy basis. As a result, Gallagher may be considered to have an incentive to place your insurance coverages with a particular insurance company. If you do not wish to have your commercial insurance placement included in consideration for additional compensation, contact your producer or service team for an Opt -out form. 3. Gallagher Companies may receive investment income on fiduciary funds temporarily held by them, or from obtaining or generating premium finance quotes, unless prohibited by law. 4. Gallagher Companies may also access or have an ownership interest in other facilities, including wholesalers, reinsurance intermediaries, captive managers, underwriting managers and others that act as intermediaries for both Gallagher and other brokers in the insurance marketplace some of which may earn and retain customary brokerage commission and fees for their work. If you have specific questions about any compensation received by Gallagher and its affiliates in relation to your insurance placements, please contact your Gallagher representative for more details. In the event you wish to register a formal complaint regarding compensation Gallagher receives from insurers or third -parties, please contact Gallagher via e-mail at Compensation_Complaints@ajg.com or by regular mail at: Chief Compliance Officer Gallagher Global Brokerage Arthur J. Gallagher & Co. 2850 Golf Rd. Rolling Meadows, IL 60008 TRIA/TRIPRA Disclaimer If this proposal contains options to purchase TRIA/TRIPRA coverage, the proposed TRIA/TRIPRA program may not cover all terrorism losses. While the amendments to TRIA eliminated the distinction between foreign and domestic acts of terrorism, a number of lines of coverage excluded under the amendments passed in 2005 remain excluded including commercial automobile, burglary and theft insurance; surety insurance, farm owners multiple perils and professional liability (although directors and officers liability is specifically included). If such excluded coverages are required, we recommend that you consider purchasing a separate terrorism policy. Please note that a separate terrorism policy for these excluded coverages may be necessary to satisfy loan covenants or other contractual obligations. TRIPRA includes a $100 billion cap on insurers' aggregate liability. TRIPRA is set to expire on December 31, 2027. There is no certainty of extension, thus the coverage provided by your insurers may or may not extend beyond December 31, 2027. In the event you have loan covenants or other contractual obligations requiring that TRIA/TRIPRA be maintained throughout the duration of your policy period, we recommend that a separate ""Stand Alone"" terrorism policy be purchased to satisfy those obligations. 76 City of Temecula ** Gallagher •e• CORE 360'" Property Estimator Disclaimer These property values were obtained using a desktop Property Estimator software operated by non -appraisal professionals. These property values represent general estimates which are not to be considered a certified appraisal. These property values include generalities and assumptions that may produce inaccurate values for specific structures. Terms and Conditions It is important that we clearly outline the nature of our mutual relationship. The following terms and conditions (these "Terms") govern your relationship with Gallagher unless you have separately entered into a written services agreement with Gallagher relative to the policies and services outlined in this Proposal, in which case that services agreement will govern and control with respect to any conflicts with these Terms. These Terms will become effective upon your execution of the Client Authorization to Bind Coverage (the "CAB") included in this Proposal and shall survive for the duration of your relationship with Gallagher relative to the policies placed pursuant to the CAB or otherwise at your request. Services Gallagher will represent and assist you in all discussions and transactions with insurance companies relating to the lines of insurance coverage set forth in the CAB and any other lines of insurance coverage with which you request Gallagher's assistance. Gallagher will consult with you regarding any matters involving these or other coverages for which you have engaged Gallagher. You have the sole discretion for approving any insurance policies placed, as well as all other material decisions involving your risk management, risk transfer and/or loss prevention needs. Although you are responsible for notifying applicable insurance companies directly in connection with any claims, demands, suits, notices of potential claims or any other matters as required by the terms and conditions of your policies, Gallagher will assist you in determining applicable claim reporting requirements. Treatment of Information Gallagher understands the need to protect the confidentiality and security of your confidential and sensitive information and strives to comply with applicable data privacy and security laws. Your confidential and sensitive information will be protected by Gallagher and only used to perform services for you; provided that Gallagher may disclose and transfer your information to our affiliates, agents or vendors that have a need to know such information in connection with the provision of such services (including insurance markets, as necessary, for marketing, quoting, placing and/or servicing insurance coverages). We may also disclose such information as required by applicable data protection laws or the order of any court or tribunal, subject to our providing you with prior notice as permitted by law. We will (i) implement appropriate administrative, physical and technical safeguards to protect personal information; (ii) timely report security incidents involving personal information to affected parties and/or regulatory bodies; (iii) create and maintain required policies and procedures; and (iv) comply with data subjects' rights, as applicable. To the extent applicable under associated data protection laws, you are a "business" or "controller" and Gallagher is a "service provider" or "data processor." You will ensure that any information provided to Gallagher has been provided with any required notices and that you have obtained all required consents, if any and where required, or are otherwise authorized to transfer all information to Gallagher and enable Gallagher to process the information for the purposes described in this Proposal and as set forth in Gallaher's Privacy Policy located at https://www.aia.com/privacy-policy/. Gallagher may update its Privacy Policy from time to time and any updates will be posted to such site. Dispute Resolution Gallagher does not expect that it will ever have a formal dispute with any of its clients. However, in the event that one should arise, we should each strive to achieve a fair, expedient and efficient resolution and we'd like to clearly outline the resolution process. A. If the parties have a dispute regarding Gallagher's services or the relationship governed by this Proposal ("Dispute"), each party agrees to resolve that Dispute by mediation. If mediation fails to resolve the Dispute, you and Gallagher agree to binding arbitration. Each party waives all rights to commence litigation in court to resolve a Dispute, and specifically waives all rights to pursue relief by class action or mass action in court or through arbitration. However, the parties do not waive the ability to seek a court order of injunction in aid of the mediation and arbitration required by these Terms. B. The party asserting a Dispute must provide a written notice ("Notice") of the claim to the other party and to the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and Mediation Procedures. All Dispute resolutions will take place in Chicago, IL, unless you and Gallagher agree to another location. The parties will equally divide all costs of the mediation and arbitration proceedings and will each pay their own attorneys' fees. All matters will be before a neutral, impartial and disinterested mediator or arbitrator(s) that have at least 20 years' experience in commercial and insurance coverage disputes. C. Mediation will occur within sixty (60) days of filing the Notice with the AAA. Mediation results will be reduced to a memorandum of understanding signed by you, Gallagher and the mediator. A Dispute that is not resolved in mediation will commence to binding arbitration. For Disputes in excess of $500,000, either party may elect to have the Dispute heard by a panel of three (3) arbitrators. The award of the arbitrator(s) must be accompanied by a reasoned opinion prepared and signed by the arbitrator(s). Except as may be required by law, neither 77 v,� City of Temecula ** Gallagher •e• CORE 360'" you, Gallagher, nor a mediator or arbitrator may disclose the existence, content or results of any Dispute or its dispute resolution proceeding without the prior written consent of both you and Gallagher. Electronic Delivery In lieu of receiving documents in paper format, you agree, to the fullest extent permitted by law, to accept electronic delivery of any documents that Gallagher may be required to deliver to you (including, but not limited to, insurance policies and endorsements, account statements and all other agreements, forms and communications) in connection with services provided by Gallagher. Electronic delivery of a document to you may be made via electronic mail or by other electronic means, including posting documents to a secure website. Miscellaneous Terms Gallagher is engaged to perform services as an independent contractor and not as your employee or agent, and Gallagher will not be operating in a fiduciary capacity. Where applicable, insurance coverage placements and other services may require the payment of federal excise taxes, surplus lines taxes, stamping or other fees to the Internal Revenue Service, various State(s) departments of revenue, state regulators, boards or associations. In such cases, you will be responsible for the payment of the taxes and/or fees, which Gallagher will separately identify on related invoices. The Proposal and these Terms are governed by the laws of the State of Illinois, without regard to its conflict of law rules. If an arbitrator/court of competent jurisdiction determines that any provision of these Terms is void or unenforceable, that provision will be severed, and the arbitrator/court will replace it with a valid and enforceable provision that most closely approximates the original intent, and the remainder of these Terms will remain in effect. Except to the extent in conflict with a services agreement that you may enter into with Gallagher, these Terms and the remainder of the Proposal constitute the entire agreement between you and Gallagher with respect to the subject matter of the Proposal, and supersede all prior negotiations, agreements and understandings as to such matters. City of Temecula *,* Gallagher *O CORE 360" Client Signature Requirements IMPORTANT NOTICE: 1. The insurance policy that you are applying to purchase is being issued by an insurer that is not licensed by the State of California. These companies are called "nonadmitted" or "surplus line" insurers. 2. The insurer is not subject to the financial solvency regulation and enforcement that apply to California licensed insurers. 3. The insurer does not participate in any of the insurance guarantee funds created by California law. Therefore, these funds will not pay your claims or protect your assets if the insurer becomes insolvent and is unable to make payments as promised. 4. The insurer should be licensed either as a foreign insurer in another state in the United States or as a non -United States (alien) insurer. You should ask questions of your insurance agent, broker, or "surplus line" broker or contact the California Department of Insurance at the toll -free number 1-800-927-4357 or internet website www.insurance.ca.gov. Ask whether or not the insurer is licensed as a foreign or non -United States (alien) insurer and for additional information about the insurer. You may also visit the NAIC's internet website at www.naic.org. The NAIC—the National Association of Insurance Commissioners —is the regulatory support organization created and governed by the chief insurance regulators in the United States. 5. Foreign insurers should be licensed by a state in the United States and you may contact that state's department of insurance to obtain more information about that insurer. You can find a link to each state from this NAIC internet website: https://naic.org/state_web_map.htm. 6. For non -United States (alien) insurers, the insurer should be licensed by a country outside of the United States and should be on the NAIC's International Insurers Department (IID) listing of approved nonadmitted non -United States insurers. Ask your agent, broker, or "surplus line" broker to obtain more information about that insurer. 7. California maintains a "List of Approved Surplus Line Insurers (LASLI)." Ask your agent or broker if the insurer is on that list, or view that list at the internet website of the California Department of Insurance: www.insurance.ca.gov/01-consumers/120-company/071asli/lasli.cfm. 8. If you, as the applicant, required that the insurance policy you have purchased be effective immediately, either because existing coverage was going to lapse within two business days or because you were required to have coverage within two business days, and you did not receive this disclosure form and a request for your signature until after coverage became effective, you have the right to cancel this policy within five days of receiving this disclosure. If you cancel coverage, the premium will be prorated and any broker's fee charged for this insurance will be returned to you. Date: Insured: D-1 (Effective January 1, 2020) City of Temecula *,* Gallagher *O CORE 360" Client Authorization to Bind Coverage After careful consideration of Gallagher's proposal dated 7/1/2022, we accept the following coverage(s). Please check the desired coverage(s) and note any coverage amendments below: •VERAGE/CARRI DESCRIPTION MAJOR DIFFERENCES I ❑Accept ❑ Reject First Excess Liability - $2M xs SIR I IIllinois Union Insurance Company I I-iAccept ❑ Rejec I KIA I I ❑Accept ❑ R eject Second Excess Liability - $3M xs $2M I Princeton Excess & Surplus Lines Ins Co I❑Accept ❑ Reject Third Excess Liability - $5M xs $5M I IHallmark Specialty Insurance Company I I Accept ❑Rejec TRIA I I❑Accept ❑ Reject Excess Workers' Compensation I IArch Insurance Company I ITRIA Cannot Be Rejectec I I❑Accept ❑ R eject Property I IHanover Insurance Company I I AAccept ❑Rej., TRIA I ❑Accept ❑ Reject Primary Difference in Conditions - $10M Limit ISteadfast Insurance Company I ❑Accept ❑ Reject Excess Difference in Conditions - $25M xs $10M General Security Indemnity Co of Arizona, Lloyd's Syndicate 33, Mercer Insurance Company, QBE Specialty Insurance Company ❑Accept ❑ R eject Standalone Terrorism I ❑Option # 1 Lloyds' Syndicate 2623/623 (Beazley Furlonge Ltd) ❑Option # 2 Lloyd's Syndicate 33 ❑Option # 3 Lloyd's Synd 1609 (Mosaic Insurance Company) City of Temecula ** Gallagher *o• CORE 360'" COVERAGE/CARRIER DESCRIPTION / MAJOR DIFFERENCES ❑Accept ❑ Reject Auto Physical Damage/Contractor's Equipment Hanover Insurance Company ❑Accept ❑ Reject Cyber Liability ❑Option # 1 ACE American Insurance Company ❑Option # 2 ACE American Insurance Company - Retention $250K, Premium $49,139 ❑Option # 3 Houston Casualty Company ❑Option # 4 Houston Casualty Company - Option 2 $50K Deductible ❑Accept El Reject TRIA ❑Accept ❑ Reject Environmental Liability Illinois Union Insurance Company ❑Accept [-]Reject -- ❑Accept ❑ Reject Drone Coverage National Liability & Fire Insurance Co, ACE American Insurance Company ❑Accept ❑ Reject Volunteer Accident ❑Option # 1 Berkley Life and Health Insurance Company ❑Option # 2 Chubb Group of Insurance Companies ❑Accept El Reject TRIA Exposures and Values You confirm the payroll, values, schedules, and any other information pertaining to your operations, and submitted to the underwriters, were compiled from information provided by you. If no updates were provided to Gallagher, the values, exposures and operations used were based on the expiring policies. You acknowledge it is your responsibility to notify Gallagher of any material change in your operations or exposures. Additional Terms and Disclosures Gallagher is not an expert in all aspects of your business. Gallagher's Proposals for insurance are based upon the information concerning your business that was provided to Gallagher by you. Gallagher expects the information you provide is true, correct and complete in all material respects. Gallagher assumes no responsibility to independently investigate the risks that may be facing your business, but rather have relied upon the information you provide to Gallagher in making our insurance Proposals. Gallagher's liability to you arising from any of Gallagher's acts or omissions will not exceed $20 million in the aggregate. The parties each will only be liable for actual damages incurred by the other party, and will not be liable for any indirect, special, exemplary, consequential, reliance or punitive damages. No claim or cause of action, regal statutory, or otherwise), arising out of, relating to or in any way connected with the Proposa 83 City of Temecula ** Gallagher •e• CORE 360'" relationship with Gallagher may be brought by either party any later than two (2) years after the accrual of the claim or cause of action. Gallagher has established security controls to protect Client confidential information from unauthorized use or disclosure. For additional information, please review Gallagher's Privacy Policy located at https://www.aia.com/privacy-policy/. You have read, understand and agree that the information contained in the Proposal and all documents attached to and incorporated into the Proposal, is correct and has been disclosed to you prior to authorizing Gallagher to bind coverage and/or provide services to you. By signing below, or authorizing Gallagher to bind your insurance coverage through email when allowed, you acknowledge you have reviewed and agree with terms, conditions and disclosures contained in the Proposal. By Print Name (Specify Title) Company Signature Date: City of Temecula *,* Gallagher *O CORE 360" Appendix City of Temecula Bindable Quotations & Compensation Disclosure Schedule Client Name: City of Temecula First Excess Gallagher ••CORE360I Liability - $2M Illinois Union Insurance Company (ACE Group) Risk Placement Services $277,172.00 0 % 8.5 % xs SIR First Excess Liability - $2M Gemini Insurance Company (W. R. Berkley Group) xs SIR N/A - 0 % First Excess Liability - $2M Safety National Casualty Corporation (Tokio Marine N/A - 0 % xs SIR Holdings, Inc.) Second Excess Princeton Excess & Surplus Lines Ins Co (Munich- 0 Risk Placement Services $245,000.00 0 /o 8.5 % Liability - $3M American Holding Corporation) xs $2M Third Excess Hallmark Specialty Insurance Company (Hallmark Liability - $5M Risk Placement Services $225,000.00 10 % 5 % xs $5M Financial Services, Inc.) Excess Workers' Arch Insurance Company (Arch Insurance Group) N/A $137,199.00 0 % Compensation Property Hanover Insurance Company (Hanover Insurance N/A $145,155.00 15 % Companies) Primary Steadfast Insurance Company (Zurich Insurance CRC Wholesale Group $172,890.00 0 % E-11 City of Temecula Difference in Group Ltd) Conditions - $10M Limit General Security Indemnity Co of Arizona (SCOR Reinsurance Company) Excess Lloyd's Syndicate 33 Difference in Conditions - Mercer Insurance Company (United Fire & Casualty CRC Wholesale Group $25M xs $10M Group) QBE Specialty Insurance Company (QBE Insurance Group) Standalone Lloyds' Syndicate 2623/623 (Beazley Furlonge Ltd) Arthur J Gallagher - Baton Terrorism Rouge #338 Standalone Arthur J Gallagher - Baton Terrorism Lloyd's Syndicate 33 Rouge #338 Standalone Lloyd's Synd 1609 (Mosaic Insurance Company) Arthur J Gallagher - Baton Terrorism (Underwriters at Lloyd's, London) Rouge #338 Auto Physical Damage/Contr Hanover Insurance Company (Hanover Insurance actor's Companies) Equipment Cyber Liability ACE American Insurance Company (Chubb Limited) Cyber Liability Houston Casualty Company (Tokio Marine Holdings, Inc.) Environmental Illinois Union Insurance Company (ACE Group) Liability N/A N/A Risk Placement Services N/A 87 Gallagher *• CORE 360" $80,042.00 0 % $9,376.00 15 % 5 % $7,845.00 15 % 5 % $6,000.00 10 % 5 % $16,235.00 0 % $61,622.00 0 % $47,372.00 12.5 % $13,431.00 15 % 7.5 % City of Temecula National Liability & Fire Insurance Co (Berkshire Drone Coverage Hathaway Insurance Group) Arthur J Gallagher - Las Vegas $1,622.00 0 % ACE American Insurance Company (Chubb Limited) Volunteer Berkley Life and Health Insurance Company (W. R. N/A $1,28200 20 % Accident Berkley Group ) Volunteer Chubb Group of Insurance Companies (Chubb N/A $1,321.00 20 % Accident Group of Insurance Companies) Gallagher O CORE 360'" 17.5 % 1 We were able to obtain more advantageous terms and conditions for you through an intermediary/ wholesaler. 2 If the premium is shown as an indication: The premium indicated is an estimate provided by the market. The actual premium and acceptance of the coverage requested will be determined by the market after a thorough review of the completed application. A verbal quotation was received from this carrier. We are awaiting a quotation in writing. 3 The commission rate is a percentage of annual premium excluding taxes & fees. E:I:1 City of Temecula ** Gallagher *o• CORE 360'" Binding Requirements First Excess Liability - $2M xs SIR TPA must be approved by Chubb prior to binding. Illinois Union Insurance Company Second Excess Liability - $3M xs $2M N/A Princeton Excess & Surplus Lines Ins Co Third Excess Liability - $5M xs $5M Signed and dated TRIA Form. Hallmark Specialty Insurance Company Excess Workers' Compensation Arch Insurance Company Property Hanover Insurance Company Primary Difference in Conditions - $10M Limit Steadfast Insurance Company Excess Difference in Conditions - $25M xs $10M General Security Indemnity Co of Arizona Lloyd's Syndicate 33 Mercer Insurance Company QBE Specialty Insurance Company Standalone Terrorism Lloyds' Syndicate 2623/623 (Beazley Furlonge Ltd) Standalone Terrorism Lloyd's Syndicate 33 N/A Subject to: - Receiving Currently Valued Loss Runs for Policy Year 2020 and the Loss Experience Must be Favorable. - Rejection of Terrorism Insurance Coverage N/A N/A N/A N/A Standalone Terrorism Lloyd's Synd 1609 (Mosaic N/A Insurance Company) Auto Physical Damage/Contractor's Equipment N/A Hanover Insurance Company Cyber Liability Subject to - ACE American Insurance Company Does the insured use any End of Life software, if so, do they have legacy systems, what procedures do they have to mitigate and sunset those systems? Due prior to binding: - Confirmation that MFA is in place for local and remote access to privileged user Cyber Liability accounts. Houston Casualty Company - Confirmation of the MFA type utilized for local and remote access to the privileged user accounts (mobile OTP, physical key, push -based authentication, Token OTP etc.) - Can users access the network with their own device ("Bring Your Own Device")? If yes, City of Temecula ** Gallagher *o• CORE 360'" Environmental Liability Illinois Union Insurance Company Drone Coverage National Liability & Fire Insurance Co ACE American Insurance Company Volunteer Accident Berkley Life and Health Insurance Company Volunteer Accident Chubb Group of Insurance Companies is EDR required to be installed on these devices? - Confirmation of Applicant's EDR tool is deployed on 100% of endpoints. - Confirmation the Applicant's configuration of MFA for remote network access ensures that the compromise of a single device will only compromise a single authenticator. - Confirmation of the MFA type utilized for remote access to the Insured's network (mobile OTP, physical key, push -based authentication, token OTP etc.). - Confirmation of the Applicant's total annual budget. Due within 7 days of binding: - Signed Chubb and HCC ransomware applications, dated within 45 days of the effective date. - Signed and dated attached TRIA disclosure form, but only if rejecting TRIA coverage N/A N/A N/A City of Temecula ** Gallagher *oP CORE 360'" Claims Reporting By Policy Immediately report all claims. Each insurer requires notice of certain types of claims depending on the potential exposure or particular injury types. It is important to thoroughly review your policy to ensure you are reporting particular incidents and claims, based upon the insurer's policy requirements. If you are using a third party administrator ("TPA"), your TPA may or may not report claims to an insurer on your behalf. Although we will assist you where requested, it is important that you understand whether your TPA will be completing this notification. Reporting Direct to Carrier [Only When Applicable] Insurer: Arch Insurance Company Policy Number: Policy Term: 7/1/2022 to 7/1/2023 Insurer: Berkley Life and Health Insurance Company Policy Term: 7/1/2022 to 7/1/2023 Insurer: Hanover Insurance Company Policy Term: 7/1/2022 to 7/1/2023 Insurer: Hanover Insurance Company Policy Term: 7/1/2022 to 7/1/2023 Insurer/TPA Name: Arch Insurance Company Phone: 877-688-2724 Fax: 866-266-3630 Email: claims6d�archinsurance.com Web: https://www.archcapgroup.com/Insurance/Regions/United- States/Claims Insurer/TPA Name: Berkley Life and Health Insurance Company Phone: Fax: Email: Web: Insurer/TPA Name: Hanover Insurance Company Phone: 800-628-0250; Platinum Holders: 800-799-6977 Fax: 800-399-4734 Email: firstreportC@hanovr.com Web: https://www.hanover.com/claims.html Insurer/TPA Name: Hanover Insurance Company Phone: 800-628-0250; Platinum Holders: 800-799-6977 Fax: 800-399-4734 Email: firstreport6d�hanovr.com Web: https://www.hanover.com/claims.html 91 City of Temecula ** Gallagher *o• CORE 360'" Insurer: Underwriters at Lloyd's London Policy Number: Policy Term: 7/1/2022 to 7/1/2023 Insurer: Chubb Group of Insurance Companies Policy Term: 7/1/2022 to 7/1/2023 Insurer: National Liability & Fire Insurance Company, ACE American Insurance Company Policy Term: 7/1/2022 to 7/1/2023 Insurer: Illinois Union Insurance Company Policy Term: 7/1/2022 to 7/1/2023 Insurer/TPA Name: Underwriters at Lloyd's London Phone: 1-855-497-0578 Fax: Email: SEClaims@ajg.com Web: Gallagher 235 Highlandia Dr. Ste. 200 Baton Rouge, LA 708010 Insurer/TPA Name: Chubb Group of Insurance Companies Phone: Inside USA: (800-336-0627); Outside USA: (302- 476-6194) Fax: 302-476-7857 Email: Web: https://www.chubb.com/us-en/claims/commercial- Insurer/TPA Name: National Liability & Fire Insurance Company, ACE American Insurance Company Phone: (702) 998-3904 Mobile: (702) 498- 3028 Fax: (702) 647-5433 Email: karen_petty@ajg.com Web: Insurer/TPA Name: Illinois Union Insurance Company Phone: 1-800-433-0385 Fax: 1-877-395-0131 Email: acecrs-claims6d�chubb.com Web: https://www.chubb.com/us-en/claims/commercial- claims.aspx Insurer: General Security Indemnity Company of Arizona Insurer/TPA Name: General Security Indemnity Company of Policy Term: 7/1/2022 to 7/1/2023 Arizona Phone: 212-480-1900 Fax: Email: ny-claims(o)scor.com Web: https://www.scor.com/en 92 City of Temecula ** Gallagher *O CORE 360" Insurer: Hiscox Syndicate #33 Policy Term: 7/1/2022 to 7/1/2023 Insurer: Mercer Insurance Company Policy Term: 7/1/2022 to 7/1/2023 Insurer: QBE Specialty Insurance Company Policy Term: 7/1/2022 to 7/1/2023 Insurer: Steadfast Insurance Company Policy Term: 7/1/2022 to 7/1/2023 Insurer: ACE American Insurance Company Policy Term: 7/1/2022 to 7/1/2023 Reporting to Gallagher or Assistance in Reporting Insurer/TPA Name: Hiscox Syndicate #33 Phone: 866-424-8508 Fax: Email: reportaclaim(a)hiscox.com Web: https://www.hiscox.com/manage-your-policy/claims- center Insurer/TPA Name: Mercer Insurance Company Phone: Fax: Email: Web: Insurer/TPA Name: QBE Specialty Insurance Company Phone: Fax: Email: Web: Insurer/TPA Name: Steadfast Insurance Company Phone: Fax: Email: me Insurer/TPA Name: ACE American Insurance Company Phone: 1-800-433-0385 Fax: 1-877-395-0131 Email: acecrs-claims(a)chubb.com Web: https://www.chubb.com/us- en/claims/commercial-claims.aspx Gallagher Claim Center I Phone: 855• 93 City of Temecula *! Gallagher %s CORE 360" Policy Number: Policy Term: Fax: 225-663-3224 Email: ggb.nrcclaimscenter@ajg.com 94 Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: June 14, 2022 SUBJECT: Approve Agreement for Law Enforcement Services with the County of Riverside PREPARED BY: Jennifer Hennessy, Director of Finance RECOMMENDATION: That the City Council approve an agreement for law enforcement services between the City of Temecula and the County of Riverside. BACKGROUND: The City of Temecula has contracted with the County of Riverside Sheriff's Department for law enforcement services since the City's incorporation in 1989. On January 26, 2016, the Council approved a five-year agreement for law enforcement services with the County of Riverside. That agreement included an automatic 5-year renewal clause, under which the City and County have been operating since the expiration of the agreement on June 30, 2020. Attached is a new Agreement with a five-year term (July 1, 2022 through June 30, 2027), for Council consideration and approval. The Agreement includes the following levels of service: • Increase patrol hours from 205 to 210 hours of coverage per day o Which equates to 41 full-time equivalent positions • 50.5 full-time equivalent Dedicated Sworn positions • 18 full-time Community Services Officer II positions • 3 full-time Sheriff's Services Officer II positions In addition to the positions noted above, the City receives the benefit of an additional 27.4 full- time equivalent sworn positions through the contract with the County of Riverside, to provide a total of 118.9 sworn deputies. If the City elects to reduce the level of service provided by ten percent or greater, a 12-month written notice is required, per the Agreement. FISCAL IMPACT: The Fiscal Year 2022-23 Agreement for Law Enforcement Services, including the cost for the positions noted in Exhibit A, is projected to cost $38,783,537 and is reflected in the Police Department Operating Budget of $41,061,970. ATTACHMENTS: Agreement Original 1 of 3 AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF TEMECULA AND THE COUNTY OF RIVERSIDE THIS AGREEMENT is made and entered into by and between the CITY OF TEMECULA, a General Law City, hereinafter "City," and the COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of the Riverside County Sheriff's Department, hereinafter "County." IT IS THEREFORE AGREED AS FOLLOWS: 1. TERM 1.1 Effective Dates. This Agreement shall be effective from July 1, 2022 through June 30, 2027. 1.2 Renewal. In the event City desires to terminate this Agreement at the end of any current five (5) year period, the City Council, not later than twelve (12) months preceding the expiration date of the current term of this Agreement, shall notify the Sheriff and the Board of Supervisors that it wishes to terminate the same. 1.3 Termination. Notwithstanding the provisions of Paragraphs 1.1 and 1.2 herein, either party may terminate this Agreement upon notice in writing to the other party of not less than twelve (12) months prior to the effective termination date. 2. SCOPE OF SERVICE 2.1 Services. The County agrees, through Sheriff thereof, to provide municipal police protection within the corporate limits of City to the extent and in the manner hereinafter set forth. It is understood that the Sheriff's Department shall be the sole provider of general and specialized law enforcement services within the corporate limits of City. City shall not hire any other persons or company to provide general and specialized law enforcement services within the corporate limits of City. However, City is not precluded by any language in this section from hiring an unarmed code enforcement unit. The Sheriff's services shall encompass duties and functions of the type falling under the jurisdiction of and customarily rendered by a police department of the City under State statutes. Such services shall include the enforcement of State Criminal Codes and all pertinent City criminal codes and ordinances. Services shall also include traffic enforcement and related services to the extent possible given the size of the force provided for in this Agreement. County agrees to provide all investigative support necessary to complete criminal investigations conducted hereunder. However, all investigator overtime will be charged to City at the Board of Supervisors approved hourly overtime rate. 2.2 California Identification System (CAL -ID) and Records Management System. RMS City agrees as a condition of receiving services hereunder to participate in CAL -ID and RMS under the terms and conditions set forth in this Section and to pay for these services under separate billings. 2.2A Definitions. For purposes of this agreement the following are some of the more common definitions which shall apply, but shall not be limited by this reference: a) Records Management System (RMS) Functions shall mean the software functions provided to City by County, which are supplied by the RMS. These functions shall include inquiry and case entry into the RMS, access to the Master Name Index, Warrant and Master Location Index and Jail Locator databases. b) The California Law Enforcement Telecommunications System Access (CLETS) shall mean that access to the Department of Justice computers provided by County to City. c) Work Station shall mean those County devices and software, which are used by City to access RMS functions and the CLETS. d) LAWNET shall mean the County's law enforcement telecommunications network consisting of County provided data circuits, digital service units, routers, hubs and other County provided hardware and software that is used by City to connect work stations to RMS services as defined below. e) County Services shall mean the collective hardware and software, work LAWNET, stations, RMS functions and CLETS. 2.213 Scope of RMS Services. County agrees to provide to City full access to the RMS and CLETS systems. CLETS access will be provided within the scope of CLETS access rules and regulations as established by the California State Department of Justice. 2.2C Provision of RMS Supervision, Labor and Equipment. Supervision over the provision of County Services, the standards of performance and other matters incident to the performance of such services, shall remain with County. Security of the host system and control of LAWNET shall remain with County. The County shall furnish all labor and equipment for the host system necessary to maintain the level of service rendered hereunder. In the event City chooses to provide PC -based equipment for services defined herein, the equipment must be configured in accordance with County specifications. Further, City shall not alter the configuration of any PC -based equipment used to provide services herein without the permission of Sheriffs Information Technology Officer. 2.21) Establishment of RMS Rates and Payment of Costs. Establishment of RMS rates and payments for provided services shall be as specified in Sections 7.2 and 7.4 of this Agreement. 3. LEVEL OF SERVICE 3.1 Level of Service Specified. County shall provide all enforcement services at the level specified in Attachment A, attached hereto and incorporated herein by this reference. 3.2 Variation in Level of Service. Variations in the level of service shall be made by amendment, as provided for in Section 11 of this Agreement, and under the following terms: If City requests an increase in the level of service to be provided under this Agreement, County agrees to provide such increased level of service as soon as is practicable, consistent with the ability of the Sheriff to hire and train recruits. If City elects to reduce the level of service provided herein by ten percent (10%) or greater, City must give notice in writing to County not less than twelve (12) calendar months prior to the effective date of such reduction. If City elects to reduce the level of service provided herein by less than ten percent (10%), County agrees to reduce the level of service accordingly as soon as it is practicable. The level of service, however, may not be reduced to below the minimum level, as determined by County, required to ensure public and officer safety. 4. TEMECULA SHERIFF'S STATION CAPTAIN The Sheriff will, to the extent practical, coordinate appointment of the Temecula Sheriff's Station Captain with City and consult with City on final selection for the position. 5. PROVISION OF SUPERVISION, LABOR, AND EQUIPMENT 5.1 Supervision. Supervision over the rendition of law enforcement services, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain with County. The Sheriff or a designated representative will meet and confer with the City Manager or a designated representative on questions related to the provision of services. 5.2 Labor and Equipment. For the purpose of performing said services, County shall furnish and supply all labor, supervision, equipment, communication services, and supplies necessary to maintain the level of service to be rendered hereunder. Location of the above will not necessarily be within City limits. Notwithstanding anything herein contained, it is agreed that in all instances where specific equipment used solely to support specialized enforcement activities within the City not normally provided by the Sheriff is to be used, or where special supplies, stationery, notices, forms, and the like related to law enforcement are to be issued in the name of City, such equipment and materials shall be supplied by City at its own cost and expense. Any such special equipment or materials so purchased by City shall meet with the Sheriffs specifications shall remain within the City limits, and ownership title thereto shall remain with City. However, under no circumstances shall City purchase or otherwise provide general patrol vehicles for services provided pursuant to this agreement without permission of Sheriff. The County shall provide all marked general Patrol vehicles to City and shall charge City for their use on a per mile basis. 5.3 City -Owned Motorcycles and Specialized Support Vehicles. In the event City chooses to provide motorcycles or specialized support vehicles for use in providing services hereunder, the motorcycles or specialized support vehicles shall meet minimum specifications furnished by County, shall be adequately equipped and ready for use, and shall be registered in the name of City. It is further understood that City is providing motorcycles or specialized support vehicles to Sheriff expressly for law enforcement services and shall only be operated by Sheriff's personnel, or persons authorized by the Sheriff. City shall bear the cost of maintenance, fuel, licensing, and any and all expenses associated with use of the motorcycles and specialized support vehicles for the provision of services hereunder, which is inclusive of responsibility for any and all cost for physical damage to the City -owned motorcycles or specialized support vehicles. However, County shall be responsible for the cost of all third party liability caused by the operation of the City -owned motorcycles or specialized support vehicles, including the property damage caused by the negligence or wrongful acts of County officers and employees while operating City -owned motorcycles and specialized support vehicles. Motorcycles and specialized support vehicles shall be used only for city -approved functions. 5.4 Vehicle Insurance. City shall maintain insurance for any physical damage to the City - owned vehicles in an amount equal to the replacement value of all vehicles provided to the County under this agreement. Policy shall, by endorsement, name the County of Riverside, its Departments, Districts, Agencies and Special Districts, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents, or representatives as Additional Insureds. Such insurance may be provided through a program of self-insurance. General Insurance Provisions - All lines: a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A: VIII (A: 8) unless such requirements are waived, in writing, by the County Risk Manager. If the County's Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. b. The City shall cause their insurance carrier(s) to furnish the County of Riverside with 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein; or, 2) if requested to do so orally or in writing by the County Risk Manager, provide original certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that shall provide no less than thirty (30) days written notice be given to the County of Riverside prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverages and the insurance required herein are in full force and effect. Individual(s) authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance. If County is utilizing City -owned vehicles, operations shall not commence until the County of Riverside has been furnished original Certificate (s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Section. c. It is understood and agreed by the parties hereto and the City's insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary insurance, and the County's insurance and/or deductibles and/or self -insured retentions or self -insured programs shall not be construed as contributory. 6. EMPLOYMENT STATUS OF PERSONNEL 6.1 Employment Status. Any persons employed by County for the performance of services and functions pursuant to this Agreement shall remain employees of County on special assignment to City for the purposes of this Agreement, and shall not be considered employees of City. No such County employee shall have any entitlement to compensation, workers' compensation coverage, pension, or civil service benefits from City. 6.2 Labor Shortage. In the event of a work slow -down, strike, or any other form of job action by those individuals assigned to City, County agrees to provide only that level of service which may be available through mutual aid, pursuant to Government Code Section 8615, et seq. City shall be billed only for the actual hours of service received. 7. COMPENSATION 7.1 Payment Basis. City shall reimburse County the cost of rendering services hereunder at rates established by the County Board of Supervisors, which rates shall include all items of cost and expense to the Sheriff for providing the services hereunder. Such cost of services shall be established by the County Board of Supervisors in the form of hourly rates for Sheriff's Department personnel, vehicle mileage rates, facility use rates, RMS transaction fees and CAL -ID fees. "Cost" as used herein shall not include items of expense attributable to services normally provided or available to all territory within the County as part of County's obligation to enforce State law. In addition to any other fees or costs set forth herein, County may impose on City, and City shall pay upon receipt of an invoice from County, a criminal justice administrative fee consistent with Government Code Section 29550 with respect to arrests made by County employees pursuant to this Agreement just as if such arrests had been made by City employees. Pursuant to Government Code Section 51350, County shall not charge City for services it would provide to any city in the County free of charge. These services, which are provided at the discretion of County, could typically include the services of the Sheriffs Special Investigations Bureau, Emergency Services Team and Aviation Unit. 7.2 Establishment of Costs. The rates to be charged City shall be adjusted periodically, but not more than once each fiscal year, to reflect any changes in the cost to County for providing services hereunder. City shall be notified of any change in the rates to be charged City prior to submittal of the proposed change to the County Board of Supervisors for adoption, and City shall be given the opportunity to review the proposed change with County personnel. City shall, thereafter, be notified of adoption by County of the rates to be charged City, and said new rates shall take effect on the same date as County incurs the associated costs. Should City, subsequent to a rate adjustment, choose not to appropriate or expend any additional monies needed to support the level of service theretofore supplied, County reserves the right to reduce the level of service in accordance with the amount City is willing to expend. 7.3 Facility Rate Charges. City shall reimburse County for the costs incurred by the Sheriff's Department at County -owned or leased facilities. Costs are prorated according to the facility's square footage occupied by a Sheriff's Department Bureau or Unit. 7.3A Calculation of Facility Rates. The total of the facility's cost components is divided by the appropriate variable number of positions (number of station funded, sworn department funded or total Department funded employees depending on the facility in question and the Department population served). This cost per funded position is then applied to the number of positions chargeable to the contract city to arrive at each contract city's share of the facility cost. The County agrees that Facility Rate Station charges to City will not be increased due to the Sheriff's decision to move Contract or unincorporated County Patrol positions from the Station. 7.4 Payment of Costs. County, through the Sheriff's Department, shall provide to City within 30 days of the conclusion of each billing period, an itemized statement of the costs for services being charged for said billing period. Billing statements for RMS services will be provided quarterly for services being charged for said quarter. City shall remit payment to the invoicing department within 30 days after receipt of such statements. If such payment is not received by the County within thirty (30) days after presentation of billing, County may satisfy such indebtedness from any funds of the City on deposit with County as provided by law pursuant to Government Code Section 907. 7.5 Field Training Costs. Should City elect to add additional Deputy Sheriff positions to the level of service described herein, there will be an associated field training cost for each additional position. City will be billed, on a separate invoice, up to a maximum of sixteen (16) weeks of training on a one-time basis for each additional Deputy position. Said cost will be charged at the Unsupported Deputy hourly rate as approved by the County Board of Supervisors. Billing will be provided for field training costs in conjunction with the rate adjustment billing. Field training costs will not apply to supervisory or classified positions added to the level of service. 7.6 Miscellaneous Costs. There are a number of other service costs that City shall be responsible for paying as they are incurred. These costs are not included as the support or service and materials cost components in the fully supported Deputy hourly rate, nor any other such rates established by the County Board of Supervisors. These service costs may include, but are not limited to, charges from vendors for: crime scene clean-up, blood draws, rape exams, polygraph exams, specialized printing jobs exclusive to City and training for personnel requested by City for specialized law enforcement. 8. INDEMNIFICATION AND HOLD HARMLESS 8.1 Indemnification by Cily_. City shall indemnify and hold harmless the County, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any act or omission of City, its officers, employees, contractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death. City shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlements or awards, the County, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any such action or claim. With respect to any action or claim subject to indemnification herein by City, City shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of County; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes City's indemnification of County. City's obligations hereunder shall be satisfied when City has provided to County the appropriate form of dismissal (or similar document) relieving the County from any liability for the action or claim involved. Any insurance coverage shall in no way limit or circumscribe City's obligations to indemnify and hold harmless the County. 8.2 Indemnification by County. County shall indemnify and hold harmless the City, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any act or omission of County, its officers, employees, contractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death. County shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlements or awards, the City, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives in any such action or claim. With respect to any action or claim subject to indemnification herein by County, County shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of City; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes County's indemnification of City. County's obligations hereunder shall be satisfied when County has provided to City the appropriate form of dismissal (or similar document) relieving the City from any liability for the action or claim involved. Any insurance coverage shall in no way limit or circumscribe County's obligations to indemnify and hold harmless the City. 9. ADMINISTRATION The City Manager of City shall administer this Agreement on behalf of City, and the Sheriff shall administer this Agreement on behalf of County. 10. RECORDS County shall maintain adequate records to discharge its responsibilities under this Agreement, and shall permit inspection of County's appropriate records that relate to City services under this Agreement, as allowed by law. County shall provide City access to appropriate records pertaining to City services for approval, funding or auditing services, upon reasonable notice. County shall maintain such records for periods of time as provided by law or records retention schedules duly adopted by the appropriate legislative body. Covenants under this Section shall survive the termination of this Agreement. 11. ALTERATION OF TERMS No addition to, or alteration of, the terms of this Agreement, whether by written or verbal understanding of the parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to this Agreement which is formally approved and executed by both parties. No waiver of any term or condition of this Agreement by either parry shall be a continuing waiver thereof. 12. NOTICES Any notices required or desired to be served by either party upon the other shall be addressed to the respective parties as set forth below: County City Chad Bianco, Sheriff City of Temecula Riverside Station 41000 Main Street Post Office Box 512 Temecula, CA 92590 Riverside, California 92502 Attn: City Manager or to such other addresses as from time to time may be designated by the respective parties. An information copy of any notice to County shall also be sent to: Clerk of the Board of Supervisors County of Riverside 4080 Lemon Street, I It Floor Riverside, California 92501 Notice shall be deemed given when in writing and delivered personally or mailed with confirming delivery receipt addressed as set out above. 13. SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect. 14. STANDARD OF CARE In performing the police services required by this Agreement, County agrees to use that degree of care and skill ordinarily exercised under similar circumstances by law enforcement officers in performance of the duties required by this Agreement. All Sheriff's personnel who provide general and specialized law enforcement services to City pursuant to this Agreement shall have met the minimum qualifications designated for their specific classification, including a background investigation. 15. JURISDICTION AND VENUE This Agreement shall be construed under the laws of the State of California. In the event any action or proceeding is filed to interpret, enforce, challenge, or invalidate any term of this Agreement, venue shall lie only in the state or federal courts in or nearest to Riverside County. 16. ENTIRE AGREEMENT This Agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. 17. ELECTRONIC/DIGITAL SIGNATURES This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code. [Signatures on Following Page] IN WITNESS WHEREOF, the City of Temecula, by minute order or resolution duly adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Agreement to be subscribed by the Chair of said Board and sealed and attested by the Clerk of said Board, all on the dates indicated below. Dated: ATTEST: LN Randi Johl, City Clerk Dated: ATTEST: Kecia R. Harper Clerk of the Board Deputy Lo CITY OF TEMECULA Matt Rahn, Mayor APPROVED AS TO FORM: IIn Peter M. Thorson, City Attorney COUNTY OF RIVERSIDE an Jeff Hewitt, Chair Riverside County Board of Supervisors 10 APPROVED AS TO FORM: County Counsel I0 Amrit P. Dhillon Deputy County Counsel ATTACHMENT A CITY OF TEMECULA LEVEL OF SERVICE Average Patrol Services 210 supported hours per day (Equivalent of approximately 41 Deputy Sheriff positions at 1884 annual productive hours per position.) Dedicated Positions Two (2) Sheriff's Lieutenant positions Four (4) Sheriff's Sergeant positions Eighteen (18) Deputy Sheriff (fully supported) positions — SET Four (4) Deputy Sheriff (fully supported) positions — Mall Officers Seventeen (17) Deputy Sheriff (fully supported) positions — Traffic/Motorcycle Team One (1) Deputy Sheriff (fully supported) position — Pechanga Intergovernmental Agreement One (1) Deputy Sheriff (fully supported) position — Civic Center One (1) Deputy Sheriff (unsupported) position — Gang Task Force Two and One Half (2.5) Deputy Sheriff (unsupported) positions — School Resource Officers Eighteen (18) Community Service Officer II positions Three (3) Sheriff's Services Officer II positions 11 Item No. 10 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: June 14, 2022 SUBJECT: Approve Cooperative Agreement to Provide Fire Protection, Fire Prevention, Rescue and Medical Emergency Services for the City of Temecula for Fiscal Years 2022-23 through 2024-25 RECOMMENDATION: That the Council approve the Cooperative Agreement to Provide Fire Protection, Fire Prevention, Rescue and Medical Emergency Services for the City of Temecula for Fiscal Years 2022-23 through 2024-25 in substantially the form presented to the City Council and that the Mayor be authorized to execute the Agreement on behalf of the City with such language finalized by the City Manager and City Attorney in substantially the form presented to the City Council. BACKGROUND: Since the City of Temecula's incorporation, Fire services have been provided through a Cooperative Fire Service Agreement to provide fire protection, fire prevention, rescue, fire marshal and medical aid with the County of Riverside. The current Cooperative Agreement expires June 30, 2022. This Agreement includes updated staffing costs (as provided for in Exhibit A), an updated Fire Engine Use Agreement (as provided in Exhibit C) and introduces a cost sharing arrangement for the fire engine staffing at Fire Station 95 Roripaugh between the City and County. The Agreement costs, as outlined in Exhibit A, are as follow: Fire Station 95 Roripaugh provides services to both the City and the unincorporated area of the County. The County has agreed to phase -in cost sharing for four positions over the next two fiscal years, starting with two positions in 2022-23 and four positions for 2023-24 and 2024-25. The cost sharing arrangement will be re-evaluated at the end of the Agreement. Staffing levels will remain at the 4-person per engine standard. If the City wishes to enter into a new agreement with the County or request a change in the level of Fire Services provided, a written notice must be provided to the County one year prior to the expiration of this Agreement (June 30, 2024). FISCAL IMPACT: As reflected in the Exhibit A of the attached Amendment, Fiscal Year 2022-23 Fire Contract services, net of the County Structure Fire Tax Credit, are estimated to be $8,965,201 which is reflected in the Fiscal Year 2022-23 Proposed Operating Budget. ATTACHMENTS: 1. Agreement 2. Exhibits A-D A COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, FIRE MARSHAL AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF TEMECULA THIS AGREEMENT, made and entered into this day of , 2022, by and between the County of Riverside, a political subdivision of the State of California, on behalf of the Fire Department (hereinafter referred to as "COUNTY") and the City of Temecula, a duly created city (hereinafter referred to as "CITY"), whereby it is agreed as follows: SECTION I: PURPOSE A. The purpose of this Agreement is to arrange for COUNTY, through its Cooperative Fire Programs Fire Protection Reimbursement Agreement ("CAL FIRE Agreement") with the California Department of Forestry and Fire Protection ("CAL FIRE") to provide CITY with fire protection, hazardous materials mitigation, technical rescue response, fire marshal, medical emergency services, and public service assists (hereinafter called "Fire Services"). This Agreement is entered into pursuant to the authority granted by Government Code section § 55600 et seq., and will provide a unified, integrated, cooperative, regional fire protection system. COUNTY's ability to perform under this Agreement is subject to the terms and conditions of the CAL FIRE Agreement. B. This Agreement is also to outline the cost sharing of the fire engine personnel assigned to Fire Station 95 Roripaugh between the CITY and COUNTY. The CITY and COUNTY agree that the Roripaugh fire engine currently provides services to the City of Temecula as well as to the unincorporated territory of the County. The Agreement includes the following as set forth in the Exhibit "A": 1) The COUNTY will pay for one (1) Fire Captain, one (1) Engineer, one (1) Firefighter II, one (1) Medic Firefighter II and one-half (1/2) Fleet Support costs in the fiscal years set forth in the Exhibit "A." 2) The CITY will own and maintain the Fire Station. 3) The cost share will be re-evaluated by both the CITY and the COUNTY at the end of the Agreement period prior to any extension or renewal. SECTION II: DESIGNATION OF FIRE CHIEF A. The County Fire Chief appointed by the Board of Supervisors or his/her designee (hereinafter referred to as "Chief") shall represent COUNTY and CITY during the period of this Agreement, and Chief shall, under the supervision and direction of the County Board of Supervisors, have charge of the organization described in Exhibit "A," attached hereto and made a part hereof, for the purpose of providing Fire Services as Cooperative Fire Agreement City of Temecula July 1, 2022 to June 30, 2025 1 of 9 deemed necessary to satisfy the needs of both the COUNTY and CITY, except upon those lands wherein other agencies of government have responsibility for the same or similar Fire Services. B. The COUNTY will assign an existing Chief Officer as the Fire Department Liaison ("Fire Liaison"). The Chief may delegate certain authority to the Fire Liaison, as the Chief's duly authorized designee, and the Fire Liaison shall be responsible for directing the Fire Services provided to CITY as set forth in Exhibit "A." C. COUNTY will be allowed flexibility in the assignment of available personnel and equipment in order to provide the Fire Services as agreed upon herein. SECTION III: PAYMENT FOR SERVICES A. CITY shall annually appropriate a fiscal year budget to support the Fire Services designated at a level of service mutually agreed upon by both parties and as set forth in Exhibit "A" for the term of this Agreement. This Exhibit may be amended in writing by mutual agreement by both parties or when a CITY requested increase or reduction in services is approved by COUNTY. B. COUNTY provides fire personnel and services through its CAL FIRE Agreement. In the event CITY desires an increase or decrease in CAL FIRE or COUNTY civil service employees or services assigned to CITY as provided for in Exhibit "A," CITY shall provide one hundred twenty (120) days' written notice of the proposed, requested increase or decrease. Proper notification shall include the following: (1) The total amount of increase or decrease; (2) The effective date of the increase or decrease; and (3) The number of employees, by classification, affected by the proposed increase or decrease. If such notice is not provided, CITY shall reimburse COUNTY for relocation costs incurred by COUNTY because of the increase or decrease, in addition to any other remedies available resulting from the increase or decrease in services. COUNTY is under no obligation to approve any requested increase or decrease, and it is expressly understood by the parties that in no event will COUNTY authorize or approve CITY's request to reduce services below the COUNTY Board of Supervisors approved staffing level for any fire station, or to reduce services to the extent that the services provided under this Agreement are borne by other jurisdictions. COUNTY shall render a written decision on whether to allow or deny the increase or decrease within thirty (30) days of the notice provided pursuant to this section. C. CITY shall pay COUNTY actual costs for Fire Services pursuant to this Agreement. COUNTY shall make a claim to CITY for the actual cost of contracted services, pursuant to Exhibit "A," on a quarterly basis. The COUNTY is mandated per Government Code section § 51350 for full cost recovery. CITY shall pay each claim, in full, within thirty (30) days after receipt thereof. Cooperative Fire Agreement City of Temecula July 1, 2022 to June 30, 2025 2of9 D. Any changes to the salaries or expenses set forth in Exhibit "A" made necessary by action of the Legislature, CAL FIRE, or any other public agency with authority to direct changes in the level of salaries or expenses, shall be paid from the funds represented as set forth in Exhibit "A." The CITY is obligated to expend or appropriate any sum in excess of Exhibit "A" increased by action of the Legislature, CAL FIRE, or any other public agency with authority to direct changes. If within thirty (30) days after notice, in writing, from COUNTY to CITY that the actual cost of maintaining the services specified in Exhibit "A" as a result of action by the Legislature, CAL FIRE, or other public agency will exceed the total amount specified therein, and CITY has not agreed to make available the necessary additional funds, COUNTY shall have the right to unilaterally reduce the services furnished under this Agreement by an appropriate amount and shall promptly notify CITY, in writing, specifying the services to be reduced. Any COUNTY or CAL FIRE personnel reduction resulting solely due to an increase in employee salaries or expenses occurring after signing this Agreement and set forth in Exhibit "A" that CITY does not agree to fund, as described above, shall not be subject to relocation expense reimbursement by CITY. If CITY desires to add funds to the total included herein to cover the cost of increased salaries or services necessitated by actions described in this paragraph, such increase shall be accomplished by an additional appropriation by the City Council of CITY, and an amendment to Exhibits "A" and "C" approved by the parties hereto. E. Chief may be authorized to negotiate and execute any amendments to Exhibit "A" or Exhibit "C" of this Agreement on behalf of COUNTY as authorized by the Board of Supervisors. CITY shall designate a "Contract Administrator" who shall, under the supervision and direction of CITY, be authorized to execute amendments to Exhibit "A" or "C" on behalf of CITY. F. [ ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit "B" are incorporated herein and shall additionally apply to this agreement regarding payment of services. G. [ ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit "C" are incorporated herein and shall additionally apply to this agreement regarding payment for the Fire Engine Use Agreement. H. [ ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit "D" are incorporated herein and shall additionally apply to this agreement regarding payment for Fire Marshall Services. I. Notwithstanding Paragraph G, as it relates to the Fire Engine Use Agreement, herein if applicable, additional terms as set forth are incorporated herein and shall additionally apply to this agreement regarding payment of services. In the event that a fire engine, owned and maintained by the CITY has a catastrophic failure, the COUNTY Fire Chief may allow use of a COUNTY fire engine, free of charge up to one hundred twenty (120) days. After the initial one hundred twenty (120) days, a rental fee Cooperative Fire Agreement City of Temecula July 1, 2022 to June 30, 2025 3of9 will be applied to the CITY invoice for use of said COUNTY fire engine. The rental fee shall be Two Thousand Fifty -Five Dollars ($2,055) per day; or Fourteen Thousand Three Hundred Eighty -Four Dollars ($14,384) per week. J. Notwithstanding Paragraph H, as it relates to Fire Marshal services herein, if applicable, additional terms as set forth are incorporated herein and shall additionally apply to this agreement regarding Fire Marshal services. In the event the CITY elects not to use Fire Marshal services outlined in Paragraph H (Exhibit D), the services must be provided by the COUNTY Office of the Fire Marshal pursuant to Health and Safety Code sections 13145 and 13146 and at a cost to the developer as outlined in COUNTY Ordinance No. 671 (Establishing Consolidated Fees for Land Use and Related Functions). SECTION IV: INITIAL TERM AND AMENDMENT A. The term of this Agreement shall be from July 1, 2022, to June 30, 2025. B. One (1) year prior to the date of expiration of this Agreement, CITY shall give COUNTY written notice of whether CITY intends to enter into a new Agreement with COUNTY for Fire Services and, if so, whether CITY intends to request a change in the level of Fire Services provided under this Agreement. SECTION V: TERMINATION During the term of this Agreement, this Agreement may only be terminated by the voters of either the COUNTY or the CITY pursuant to Government Code, § 55603.5. SECTION VI: COOPERATIVE OPERATIONS All Fire Services contemplated under this Agreement shall be performed by both parties to this Agreement working as one unit; therefore, personnel and/or equipment belonging to either CITY or COUNTY may be temporarily dispatched elsewhere from time to time for mutual aid. f;9to] 1[0]►\T/IMLVAIII ILO1_1 W_\IW, Pursuant to Health and Safety Code section 13050 et seq., when rendering mutual aid or assistance, COUNTY may, at the request of CITY, demand payment of charges and seek reimbursement of CITY costs for personnel, equipment use, and operating expenses as funded herein, under authority given by Health and Safety Code sections 13051 and 13054. COUNTY, in seeking said reimbursement pursuant to such request of CITY, shall represent the CITY by following the procedures set forth in Health and Safety Code section 13052. Any recovery of CITY costs, less actual expenses, shall be paid or credited to the CITY, as directed by CITY. Cooperative Fire Agreement City of Temecula July 1, 2022 to June 30, 2025 4of9 In all such instances, COUNTY shall give timely notice of the possible application of Health and Safety Code sections 13051 and 13054 to the officer designated by CITY. SECTION Vill: SUPPRESSION COST RECOVERY As provided in Health and Safety Code section 13009, Riverside County Ordinance No. 787, Section 5.E.2., and California Fire Code, COUNTY may bring an action for collection of suppression costs of any fire caused by negligence, violation of law, or failure to correct noticed fire safety violations. Additionally, COUNTY may bring action for collection to any person who negligently, intentionally or in violation of law causes an emergency response, including, but not limited to, a traffic accident, spill of toxic or flammable fluids or chemicals is liable for the costs of securing such emergency, including those costs pursuant to Government Code section 53150 et seq., as may be amended from time to time. When using CITY equipment and personnel under the terms of this Agreement, COUNTY may bring such actions for collection of costs incurred by CITY and the COUNTY. In such a case CITY appoints and designates COUNTY as its agent in said collection proceedings. In the event of recovery, COUNTY shall apportion the recovered amount via the annual Cost Allocation Plan. This recovery does not include CITY resources outside of this Cooperative Agreement. Those resources would require the CITY to obtain cost recovery directly. In all such instances, COUNTY shall give timely notice of the possible application of Health and Safety Code section 13009 to the officer designated by CITY. SECTION IX: PROPERTY ACCOUNTING All personal property provided by CITY and by COUNTY for the purpose of providing Fire Services under the terms of this Agreement shall be marked and accounted for in such a manner as to conform to the standard operating procedure established by the COUNTY for the segregation, care, and use of the respective property of each. SECTION X: FACILITY CITY shall provide Fire Station(s), strategically located to provide standard response time within the City of Temecula from which fire operations shall be conducted. If the Fire Station(s) are owned by the CITY, the CITY shall maintain the facilities at CITY's cost and expense. In the event CITY requests COUNTY to undertake repairs or maintenance costs or services, the costs and expenses of such repairs or maintenance shall be reimbursed to COUNTY through the Support Services Cost Allocation, or as a direct Invoice to the CITY. Cooperative Fire Agreement City of Temecula July 1, 2022 to June 30, 2025 5of9 SECTION XI: INDEMNIFICATION AND HOLD HARMLESS To the fullest extent permitted by applicable law, COUNTY shall and does agree to indemnify, protect, defend and hold harmless CITY, its agencies, districts, special districts and departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives (collectively, "Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the Services performed hereunder by COUNTY, or any part thereof (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of COUNTY, its officers, employees, subcontractors, agents, or representatives (collectively, "Liabilities"). Notwithstanding the foregoing, the only Liabilities with respect to which COUNTY's obligation to indemnify, including the cost to defend, the Indemnitees does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement. To the fullest extent permitted by applicable law, CITY shall and does agree to indemnify, protect, defend and hold harmless COUNTY, its agencies, departments, directors, officers, agents, Board of Supervisors, elected and appointed officials and representatives (collectively, "Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the services performed hereunder, by CITY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of CITY its officers, employees, subcontractors, agents, or representatives (collectively, "Liabilities"). Notwithstanding the foregoing, the only Liabilities with respect to which CITY's obligation to indemnify, including the cost to defend, the Indemnitees does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement. SECTION XII: AUDIT A. COUNTY and CITY agree that their designated representative shall have the right to review and to copy any records and supporting documentation of the other party hereto, pertaining to the performance of this Agreement. COUNTY and CITY agree to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated or as required by law, and to allow the auditor(s) of the other party access to such records during normal business hours COUNTY and CITY agree to a similar right to audit records in any subcontract related to performance of this Agreement. (Gov. Code, § 8546.7, Pub. Contract Code, § 10115 et seq., CCR Title 2, § 1896). Cooperative Fire Agreement City of Temecula July 1, 2022 to June 30, 2025 6ofs B. Each party shall bear its own costs in performing a requested audit. SECTION XIII: DISPUTES CITY shall select and appoint a "Contract Administrator" who shall, under the supervision and direction of CITY, be available for contract resolution or policy intervention with COUNTY, when, upon determination by the Chief that a situation exists under this Agreement in which a decision to serve the interest of CITY has the potential to conflict with COUNTY interest or policy. Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time by the CITY and COUNTY employees normally responsible for the administration of this Agreement shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution. For purposes of this provision, a "reasonable period of time" shall be ten (10) calendar days or less. CITY and COUNTY agree to continue with the responsibilities under this Agreement during any dispute. Disputes that are not resolved informally by and between CITY and COUNTY representatives may be resolved, by mutual agreement of the parties, through mediation. Such mediator will be jointly selected by the parties. The costs associated with mediator shall be shared equally among the participating parties. If the mediation does not resolve the issue(s), or if the parties cannot agree to mediation, the parties reserve the right to seek remedies as provided by law or in equity. The parties agree, pursuant to Battaglia Enterprises v. Superior Court (2013) 215 Cal.App.4th 309, that each of the parties are sophisticated and negotiated this agreement and this venue at arm's length. Pursuant to this Agreement, the parties agree that venue for litigation shall be in the Superior Court of Riverside County. Should any party attempt to defeat this section and challenge venue in Superior Court, the party challenging venue stipulates to request the Court change venue to San Bernardino County and shall not ask for venue in any other County. Any claims or causes of actions, whether they arise out of unresolved disputes as specified in this Section or claims by third parties that are made against the COUNTY, shall be submitted to the Office of the Clerk of the Board for the County of Riverside in a timely manner. For claims made against the COUNTY that involve CAL FIRE employees, to the extent permissible under the COUNTY's contract with CAL FIRE, the claims will be forwarded on to CAL FIRE for processing. SECTION XIV: ATTORNEY'S FEES If CITY fails to remit payments for services rendered pursuant to any provision of this Agreement, COUNTY may seek recovery of fees through litigation, in addition to all other remedies available. In the event of litigation between COUNTY and CITY to enforce any of the provisions of this Agreement or any right of either party hereto, the unsuccessful party to Cooperative Fire Agreement City of Temecula July 1, 2022 to June 30, 2025 7of9 such litigation agrees to pay the prevailing party's costs and expenses, including reasonable attorneys' fees, all of which shall be included in and as a part of the judgment rendered in such litigation. SECTION XV: DELIVERY OF NOTICES Any notices to be served pursuant to this Agreement shall be considered delivered when deposited in the United States mail and addressed to: COUNTY OF RIVERSIDE CITY OF TEMECULA Riverside County Fire Chief City Manager 210 West San Jacinto Avenue City of Temecula Perris, CA 92570 41000 Main Street Temecula, CA 92590 Provisions of this section do not preclude any notices being delivered in person to the addresses shown above. Delivery in person shall constitute service hereunder, effective when such service is made. This Agreement contains the whole contract between the parties for the provision of Fire Services. It may be amended or modified upon the mutual written consent of the parties hereto where in accordance with applicable state law. This Agreement does NOT supplement other specific agreements entered into by both parties for equipment or facilities, and excepting those equipment or facilities agreements, this Agreement cancels and supersedes any previous agreement for the same or similar services. [Signature Provisions on following page] IN WITNESS, WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written. Cooperative Fire Agreement City of Temecula July 1, 2022 to June 30, 2025 Dated: ATTEST: Randi Johl, City Clerk Dated: ATTEST: KECIA HARPER Clerk of the Board go Deputy CITY OF TEMECULA Matt Rahn, City Mayor APPROVED AS TO FORM: Peter Thorson, City Attorney COUNTY OF RIVERSIDE Chair, Board of Supervisors APPROVED AS TO FORM: OFFICE OF COUNTY COUNSEL, COUNTY OF RIVERSIDE MELISSA R. CUSHMAN Deputy County Counsel F. I dataIRRU County FinanMContract Cties�COOPERATIVE A GREEMENTITEMECULAITEMECULA Cooperative Agreement 07012022-06302025 20220401. do" Cooperative Fire Agreement City of Temecula July 1, 2022 to June 30, 2025 EXHIBIT "A" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PREVENTION, RESCUE, FIRE MARSHAL AND MEDICAL EMERGENCY FOR THE CITY OF TEMECULA DATED MARCH 1, 2022 FOR FY2022/2023 THROUGH FY2024/2025 CITY BUDGET COST ESTIMATE (with Tax Credit) FISCAL YEAR 2022/2023 FISCAL YEAR 2023/2024 FISCAL YEAR 2024/2025 TOTAL CITY BUDGET ESTIMATE FOR FY2022/2023 THRU FY2024/2025 CITY BUDGET COST ESTIMATE (without Tax Credit) FISCAL YEAR 2022/2023 FISCAL YEAR 2023/2024 FISCAL YEAR 2024/2025 $8,965,201 $9,355,333 $10,289,755 $18,320,535 $18,875,430 $19,265,562 $20,199,983 TOTAL CITY BUDGET ESTIMATE FOR FY2022/2023 THRU FY2024/2025 $38,140,991 EXHIBIT "A" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PREVENTION, RESCUE, FIRE MARSHAL AND MEDICAL EMERGENCY FOR THE CITY OF TEMECULA DATED MARCH 1, 2022 FOR FY2022/ 2023 County fund one (1) Captain and one (1) FFII Medic *See notation below for estimate assumptions CAPTAINS CAPTAIN ENGINEERS ENGINEER FF II FFII TOTALS ________ MEDICS MEDICS _ _ _ MEDICS STA #12 Medic Engine 537,000 2 470,923 2 413,710 2 474,065 2 1,895,698 8 STA #73 Medic Engine 537,000 2 235,462 1 268,708 1 413,710 2 474,065 2 1,928,945 8 (Truck Co.) 805,500 3 706,385 3 620,565 3 711,097 3 2,843,547 12 STA #84 Medic Engine 537,000 2 470,923 2 413,710 2 474,065 2 1,895,698 8 STA #92 Medic Engine 537,000 2 235,462 1 268,708 1 413,710 2 474,065 2 1,928,945 8 STA #95 Medic Engine 0 0 235,462 1 268,708 1 413,710 2 237,032 1 1,154,913 5 County Staffing 0* 1 0* 0* 1 0 2 Fixed Relief 268,500 1 268,708 1 206,855 1 237,032 1 981,096 4 Vac. Relief - Engine 268,500 1 235,462 1 537,417 2 413,710 2 237,032 1 1,692,121 7 SUBTOTALS 3,490,500 2,590,078 1,612,251 3,309,682 3,318,452 $14,320,963 SUBTOTAL STAFF 14 11 6 16 15 62 BATTALION CHIEF 316,465 each 316,465 1 CAPTAIN MEDIC 304,832 each 304,832 1 FIRE SAFETY SUPERVISOR (PCN 110077) 179,153 each 179,153 1 FIRE SAFETY SPECIALIST (PCN 00006966 & 00131494) 167,029 each 334,058 2 FIRE SYSTEMS INSPECTOR (PCN 00006972, 00133413, 00131566) 146,067 each 438,200 3 SUBTOTAL $1,572,709 70 SUPPORT SERVICES (Fire Cost Allocation Plan) Administrative/Operational (Schedule A) 18,139 per assigned Staff "* 1,124,618 62 Volunteer Program (Schedule B) 9,540 Per Entity Allocation 9,540 1 Medic Program (Schedule C) 12,113 Medic FTE and 2,701 per Defib 258,466 20 ECC Support (Schedule E) 35.25 per Call and 21,621 per Station 401,925 Fleet Support (Schedule F) 66,511 per Fire Suppression Equip 332,555 5.0 Comm/IT Support (Schedule G) 41.95 per Call and 25,735 per Station 478,339 Hazmat Support (Schedule i) 1,331 per Call and 5,286 per Station 52,387 SUPPORT SERVICES SUBTOTAL $2,657,831 DIRECT CHARGES 142,677 FIRE ENGINE USE AGREEMENT 36,250 each engine 181,250 5 TOTAL STAFF COUNT 70 TOTAL ESTIMATED CITY BUDGET $18,875,430 * TEMECULA ESTIMATED FIRE TAX CREDIT ($9,910,228) NET ESTIMATED CITY BUDGET $8,965,201 * STRUCTURAL FIRE TAXES (8,886,861) ESTIMATED REDEVELOPMENT PASS THRU (1,023,367) TOTAL TAX FUNDING ($9,910,228) 4.5 Fire Stations 62.00 Assigned Staff 8,642 Number of Calls 2.0 Batt. Chief/Capt. Medic Support 20 Assigned Medic FTE (2.0) County Funded 6 Monitors/Defibs ** 62.00 Total Assigned Staff 4.5 Hazmat Stations 20 Number of Hazmat Calls FY22123 EXHIBIT "A" CITY OF TEMECULA Page 2 of 7 SUPPORT SERVICES (Fire Cost Allocation Plan) Administrative & Operational Services Finance / Accounting Public Affairs / Education Training Procurement Data Processing Fire Fighting Equip. Personnel Office Supplies/Equip. Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/ Defibrillator replacement cycle. Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support - Dispatch services costs Communications / IT Support - Support staff, communications, radio maintenance, computer support functions Hazmat Program - Support staff, operating costs, and vehicle replacement FY 22/23 POSITION SALARIES TOP STEP (per assumptions below) 392,554 DEPUTY CHIEF 36,250 FIRE ENGINE 387,615 DIV CHIEF 18,139 SRVDEL 316,465 BAT CHIEF 9,540 VOL DEL 268,500 CAPT 12,113 MEDIC FTE 304,832 CAPT MEDIC 2,701 MEDIC MONITORS/DEFIBS REPLACEMENT 235,462 ENG 95,196 BATT DEL 268,708 ENG/MEDIC 21,621 ECC STATION 206,855 FF II 35.25 ECC CALLS 237,032 FF II/MEDIC 66,511 FLEET SUPPORT 122,196 FIRE PREVENTION TECHNICIAN 25,735 COMM/IT STATION 179,153 FIRE SAFETY SUPERVISOR 41.95 COMM/IT CALLS 167,029 FIRE SAFETY SPECIALIST 1,446 FACILITY STATION 146,067 FIRE SYSTEMS INSPECTOR 400.20 FACILITY FTE 85,642 OFFICE ASSISTANT III 5,286 HAZMAT STATION 97,438 SECRETARY I 1,330.66 HAZMAT CALLS 190,711 COUNTY DEPUTY FIRE MARSHAL 1,987 HAZMAT VEHICLE REPLACEMENT `Cost Assumptions: All Salaries based on FINAL Salary, Pay Differentials, and Operating Expenses Schedule FY 2022-2023 Dated January 31, 2022 Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2022-23 dated February 2022 Preliminary Projected increase to Safety & Non -Safety Staff and Support Services from FY22123 Cost Allocation Estimate. FY 22/23 DIRECT BILL ACCOUNT CODES 520230 Cellular Phone 522340 Station Budgeted Maint-Building and Improvement 520300 Pager Service 522360 Mai nt-Extermination 520320 Telephone Service 522380 Maint-Critical Systems 520800 Household Expense 522410 Maint-Health & Safety 520805 Appliances 522860 Medical Supplies 520830 Laundry Services 522890 Pharmaceuticals 520840 Household Furnishings 523220 Licenses And Permits 520845 Trash 523680 Office Equip Non Fixed Assets 521380 Maint-Copier Machines 526700 Rent -Lease Building 521440 Maint-Kitchen Equipment 529500 Electricity 521540 Maint-Office Equipment 529510 Heating Fuel 521660 Maint-Telephone 529550 Water 521680 Maint-Underground Tanks 537240 Intertnd Exp-Utilities 522310 Maint-Building and Improvement 542060 Capital Improvements Facilities FY22123 EXHIBIT "A" CITY OF TEMECULA Page 3of7 EXHIBIT "A" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PREVENTION, RESCUE, FIRE MARSHAL AND MEDICAL EMERGENCY FOR THE CITY OF TEMECULA DATED MARCH 1, 2022 FOR FY2023/ 2024 County fund one (1) Captain, one (1) Engineer, one (1) FFII, one (1) FFII Medic, and Fleet Support *See notation below for estimate assumptions CAPTAINS CAPTAIN ENGINEERS ENGINEER FF II FFII TOTALS ________ MEDICS MEDICS _ MEDICS STA #12 Medic Engine 563,850 2 494,469 2 434,396 2 497,768 2 1,990,483 s STA #73 Medic Engine 563,850 2 247,235 1 282,144 1 434,396 2 497,768 2 2,025,392 s (Truck Co.) 845,775 3 741,704 3 651,594 3 746,652 3 2,985,725 12 STA #84 Medic Engine 563,850 2 494,469 2 434,396 2 497,768 2 1,990,483 8 STA #92 Medic Engine 563,850 2 247,235 1 282,144 1 434,396 2 497,768 2 2,025,392 8 STA #95 Medic Engine 0 0 0 0 282,144 1 217,198 1 248,884 1 748,226 3 County Staffing 0* 1 0* 1 0* 1 0* 1 0 4 Fixed Relief 281,925 1 282,144 1 217,198 1 248,884 1 1,030,151 4 Vac. Relief - Engine 281,925 1 247,235 1 564,288 2 434,396 2 248,884 1 1,776,727 7 SUBTOTALS 3,665,025 2,472,347 1,692,863 3,257,968 3,484,375 $14,572,578 SUBTOTAL STAFF 14 11 6 16 15 62 BATTALION CHIEF 332,288 each 332,288 1 CAPTAIN MEDIC 320,074 each 320,074 1 FIRE SAFETY SUPERVISOR (PCN 110077) 188,111 each 188,111 1 FIRE SAFETY SPECIALIST (PCN 00006966 & 00131494) 175,381 each 350,761 2 FIRE SYSTEMS INSPECTOR (PCN 00006972, 00133413, 00131566) 153,370 each 460,110 3 SUBTOTAL $1,651,344 70 SUPPORT SERVICES (Fire Cost Allocation Plan) Administrative/Operational (Schedule A) 19,046 per assigned Staff ** 1,142,757 60 Volunteer Program (Schedule B) 10,017 Per Entity Allocation 10,017 1 Medic Program (Schedule C) 12,719 Medic FTE and 2,836 per Defib 271,389 20 ECC Support (Schedule E) 37.01 per Call and 22,702 per Station 422,021 Fleet Support (Schedule F) 69,837 per Fire Suppression Equip 314,264 4.5 Comm/IT Support (Schedule G) 44.05 per Call and 27,022 per Station 502,256 Hazmat Support (Schedule i) 1,397 per Call and 5,550 per Station 55,007 SUPPORT SERVICES SUBTOTAL $2,717,712 DIRECT CHARGES 142,677 FIRE ENGINE USE AGREEMENT 36,250 each engine 181,250 5 TOTAL STAFF COUNT 70 TOTAL ESTIMATED CITY BUDGET $19,265,562 * TEMECULA ESTIMATED FIRE TAX CREDIT ($9,910,228) NET ESTIMATED CITY BUDGET $9,355,333 * STRUCTURAL FIRE TAXES (8,886,861) ESTIMATED REDEVELOPMENT PASS THRU (1,023,367) TOTAL TAX FUNDING ($9,910,228) 4.5 Fire Stations 62.00 Assigned Staff 8,642 Number of Calls 2.0 Batt. Chief/Capt. Medic Support 20 Assigned Medic FTE (4.0) County Funded 6 Monitors/Defibs ** 60.00 Total Assigned Staff 4.5 Hazmat Stations 20 Number of Hazmat Calls FY23124 EXHIBIT "A" CITY OF TEMECULA Page 4of7 SUPPORT SERVICES (Fire Cost Allocation Plan) Administrative & Operational Services Finance / Accounting Public Affairs / Education Training Procurement Data Processing Fire Fighting Equip. Personnel Office Supplies/Equip. Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/ Defibrillator replacement cycle. Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support - Dispatch services costs Communications / IT Support - Support staff, communications, radio maintenance, computer support functions Hazmat Program - Support staff, operating costs, and vehicle replacement FY 23/24 POSITION SALARIES TOP STEP (per assumptions below) 412,182 DEPUTY CHIEF 406,996 DIV CHIEF 332,288 BAT CHIEF 281,925 CAPT 320,074 CAPT MEDIC 247,235 ENG 282,144 ENG/MEDIC 217,198 FF II 248,884 FF II/MEDIC 128,305 FIRE PREVENTION TECHNICIAN 188,111 FIRE SAFETY SUPERVISOR 175,381 FIRE SAFETY SPECIALIST 153,370 FIRE SYSTEMS INSPECTOR 89,924 OFFICE ASSISTANT III 102,310 SECRETARY I 200,247 COUNTY DEPUTY FIRE MARSHAL 36,250 FIRE ENGINE 19,046 SRVDEL 10,017 VOL DEL 12,719 MEDIC FTE 2,836 MEDIC MONITORS/DEFIBS REPLACEMENT 99,956 BATT DEL 22,702 ECC STATION 37.01 ECC CALLS 69,837 FLEET SUPPORT 27,022 COMM/IT STATION 44.05 COMM/IT CALLS 1,954 FACILITY STATION 540.57 FACILITY FTE 5,550 HAZMAT STATION 1,397.19 HAZMAT CALLS 2,087 HAZMAT VEHICLE REPLACEMENT `Cost Assumptions: - All Salaries based on FINAL Salary, Pay Differentials, and Operating Expenses Schedule FY 2022-2023 Dated January 31, 2022 with an estimated increase of 5% applied to the salaries. Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2022-23 dated February 2022 Preliminary Estimated Support Services based FY 21122 Estimated Cost Allocation Plan with an estimated increase of 5% FY 23/24 DIRECT BILL ACCOUNT CODES 520230 Cellular Phone 522340 Station Budgeted Maint-Building and Improvement 520300 Pager Service 522360 Mai nt-Extermination 520320 Telephone Service 522380 Maint-Critical Systems 520800 Household Expense 522410 Maint-Health & Safety 520805 Appliances 522860 Medical Supplies 520830 Laundry Services 522890 Pharmaceuticals 520840 Household Furnishings 523220 Licenses And Permits 520845 Trash 523680 Office Equip Non Fixed Assets 521380 Maint-Copier Machines 526700 Rent -Lease Building 521440 Maint-Kitchen Equipment 529500 Electricity 521540 Maint-Office Equipment 529510 Heating Fuel 521660 Maint-Telephone 529550 Water 521680 Maint-Underground Tanks 537240 Interfnd Exp-Utilities 522310 Maint-Building and Improvement 542060 Capital Improvements Facilities FY23124 EXHIBIT "A" CITY OF TEMECULA Page 5 of 7 EXHIBIT "A" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PREVENTION, RESCUE, FIRE MARSHAL AND MEDICAL EMERGENCY FOR THE CITY OF TEMECULA DATED MARCH 1, 2022 FOR FY2024/2025 *See notation below for estimate assumptions CAPTAINS CAPTAIN ENGINEERS ENGINEER FF II FFII TOTALS MEDICS _ _ _ _ _ MEDICS .-MEDICS-- STA #12 Medic Engine 592,043 2 519,193 2 456,116 2 522,656 2 2,090,007 8 STA #73 Medic Engine 592,043 2 259,596 1 296,251 1 456,116 2 522,656 2 2,126,662 8 (Truck Co.) 888,064 3 778,789 3 684,173 3 783,984 3 3,135,011 12 STA #84 Medic Engine 592,043 2 519,193 2 456,116 2 522,656 2 2,090,007 8 STA #92 Medic Engine 592,043 2 259,596 1 296,251 1 456,116 2 522,656 2 2,126,662 8 STA #95 Medic Engine 0 0 0 0 296,251 1 228,058 1 261,328 1 785,637 3 County Staffing 0* 1 0* 1 0* 1 0* 1 0 4 Fixed Relief 296,021 1 296,251 1 228,058 1 261,328 1 1,081,658 4 Vac. Relief - Engine 296,021 1 259,596 1 592,502 2 456,116 2 261,328 1 1,865,563 7 SUBTOTALS 3,848,277 2,595,964 1,777,506 3,420,866 3,658,594 $15,301,207 SUBTOTAL STAFF 14 11 6 16 15 62 BATTALION CHIEF 348,902 each 348,902 1 CAPTAIN MEDIC 336,078 each 336,078 1 FIRE SAFETY SUPERVISOR (PCN 110077) 197,516 each 197,516 1 FIRE SAFETY SPECIALIST (PCN 00006966 & 00131494) 184,150 each 368,299 2 FIRE SYSTEMS INSPECTOR (PCN 00006972, 00133413, 00131566) 161,039 each 483,116 3 SUBTOTAL $1,733,912 70 SUPPORT SERVICES (Fire Cost Allocation Plan) Administrative/Operational (Schedule A) 19,998 per assigned Staff ** 1,199,895 60 Volunteer Program (Schedule B) 10,518 Per Entity Allocation 10,518 1 Medic Program (Schedule C) 13,355 Medic FTE and 2,978 per Defib 284,959 20 ECC Support (schedule E) 37.75 per Call and 23,156 per Station 430,462 Fleet Support (Schedule F) 73,328 per Fire Suppression Equip 329,978 4.5 Comm/IT Support (schedule G) 46.25 per Call and 28,373 per Station 527,369 Hazmat Support (schedule 1) 1,467 per Call and 5,828 per Station 57,757 SUPPORT SERVICES SUBTOTAL $2,840,937 DIRECT CHARGES 142,677 FIRE ENGINE USE AGREEMENT 36,250 each engine 181,250 5 TOTAL STAFF COUNT 70 TOTAL ESTIMATED CITY BUDGET $20,199,983 * TEMECULA ESTIMATED FIRE TAX CREDIT ($9,910,228) NET ESTIMATED CITY BUDGET $10,289,755 * STRUCTURAL FIRE TAXES (8,886,861) ESTIMATED REDEVELOPMENT PASS THRU (1,023,367) TOTAL TAX FUNDING ($9,910,228) 4.5 Fire Stations 62.00 Assigned Staff 8,642 Number of Calls 2.0 Batt. Chief/Capt. Medic Support 20 Assigned Medic FTE (4.0) County Funded 6 Monitors/Defibs ** 60.00 Total Assigned Staff 4.5 Hazmat Stations 20 Number of Hazmat Calls FY24125 EXHIBIT "A" CITY OF TEMECULA Page 6 of 7 SUPPORT SERVICES (Fire Cost Allocation Plan) Administrative_&Operational Services Finance / Accounting Public Affairs / Education Training Procurement Data Processing Fire Fighting Equip. Personnel Office Supplies/Equip. Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/ Defibrillator replacement cycle. Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support - Dispatch services costs Communications / IT Support - Support staff, communications, radio maintenance, computer support functions Hazmat Program - Support staff, operating costs, and vehicle replacement FY 23/24 POSITION SALARIES TOP STEP (per assumptions below) 432,791 DEPUTY CHIEF 36,250 FIRE ENGINE 427,345 DIV CHIEF 19,998 SRVDEL 348,902 BAT CHIEF 10,518 VOL DEL 296,021 CAPT 13,355 MEDIC FTE 336,078 CAPT MEDIC 2,978 MEDIC MONITORS/DEFIBS REPLACEMENT 259,596 ENG 104,954 BATT DEL 296,251 ENG/MEDIC 23,156 ECC STATION 228,058 FF II 37.75 ECC CALLS 261,328 FF II/MEDIC 73,328 FLEET SUPPORT 134,721 FIRE PREVENTION TECHNICIAN 28,373 COMM/IT STATION 197,516 FIRE SAFETY SUPERVISOR 46.25 COMM/IT CALLS 184,150 FIRE SAFETY SPECIALIST 2,052 FACILITY STATION 161,039 FIRE SYSTEMS INSPECTOR 567.60 FACILITY FTE 94,420 OFFICE ASSISTANT III 5,828 HAZMAT STATION 107,426 SECRETARY I 1,467.05 HAZMAT CALLS 210,259 COUNTY DEPUTY FIRE MARSHAL 2,191 HAZMAT VEHICLE REPLACEMENT 'Cost Assumptions: All Salaries based on the Salary, Pay Differentials, and Operating Expenses estimated for FY 2023-2024 with an estimated increase of 5% applied Estimated Support Services based FY 23124 Estimated Cost Allocation Plan with an estimated increase of 5% FY 23124 DIRECT BILL ACCOUNT CODES 520230 Cellular Phone 522340 Station Budgeted Maint-Building and Improvement 520300 Pager Service 522360 Maint-Extermination 520320 Telephone Service 522380 Maint-Critical Systems 520800 Household Expense 522410 Maint-Health & Safety 520805 Appliances 522860 Medical Supplies 520830 Laundry Services 522890 Pharmaceuticals 520840 Household Furnishings 523220 Licenses And Permits 520845 Trash 523680 Office Equip Non Fixed Assets 521380 Maint-Copier Machines 526700 Rent -Lease Building 521440 Maint-Kitchen Equipment 529500 Electricity 521540 Maint-Office Equipment 529510 Heating Fuel 521660 Maint-Telephone 529550 Water 521680 Maint-Underground Tanks 537240 Interfnd Exp-Utilities 522310 Maint-Building and Improvement 542060 Capital Improvements Facilities FY24125 EXHIBIT "A" CITY OF TEMECULA Page 7 of 7 EXHIBIT "B" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL AID FOR THE CITY OF TEMECULA DATED JULY 1, 2022 PAYMENT FOR SERVICES ADDITIONAL TERMS COUNTY shall make a claim to CITY for the actual cost of contracted services as shown on Exhibit "A" during each of the following periods: (1) July 1 through September 30, claim in October; (2) October 1 through December 31, claim in January; (3) January 1 through March 31, claim in April; and (4) April 1 through June 30, claim in July/August. The claims shall be for actual costs of services after any deduction for estimated Structural Fire taxes and/or Redevelopment, with final reconciliation of fire taxes to actual revenue received which may result in an additional credit or expense to CITY in the August final claim. CITY shall pay each claim within 30 days after receipt thereof. COUNTY shall allow a credit in the amount of the Structural Fire taxes as determined by COUNTY Auditor Controller/Treasurer Tax Collector Office to be collected in each fiscal year of this Agreement. The allowed credit shall not exceed the cost of contracted services. Exhibit "B" CITY OF TEMECULA 1 of 1 EXHIBIT "C" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, FIRE MASHAL AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF TEMECULA DATED JULY 1, 2022 PAYMENT FOR SERVICES ADDITIONAL SERVICES FIRE ENGINE USE AGREEMENT Station 12 Engine E12, RCO No. 12-820 $ 36,250.00 0tatinn 7.'� Engine E73, RCO No. 16-804 $ 36,250.00 Station 84 Engine E84, RCO No. 16-806 $ 36,250.00 .qtntinn A9 Engine E92, RCO No. 08-869 $ 36,250.00 Station 95 Engine E95, RCO No. 15-847 $ 36,250.00 $ 181,250.00 The Fire Engine Use Agreement is utilized in the event that a fire engine(s) which was initially purchased by the CITY, and then the CITY elects to have the COUNTY take responsibility of said fire engine(s). The Fire Engine Use Agreement guarantees the CITY the use of this fire engine(s), the COUNTY network of equipment, and resources of the COUNTY. This fire engine(s) shall be used as an integrated unit for Fire Services as set forth in this Cooperative Agreement between the COUNTY and CITY, and shall be stationed primarily in the CITY. The change in ownership of the fire engine does not waive or supersede any responsibilities of the CITY pursuant to this agreement. This Exhibit "C CITY OF TEMECULA Page 1 of 2 exhibit is strictly to further detail for the CITY, the responsibilities and costs associated within the Cooperative Agreement between the COUNTY and CITY; therefore, the Fire Engine Use Agreement is inseparable. The CITY will have the option of transferring title of said fire engine(s) to the COUNTY. If the CITY transfers title of said fire engine(s) to the County, the County will take ownership of the said fire engine(s), and the County will maintain insurance on said fire engine(s). If the CITY opts to maintain ownership and title of said fire engine(s), the CITY will maintain insurance on said fire engine(s). Proof of Insurance is to be provided to the COUNTY. The COUNTY will ensure a working fire engine(s) is available for the CITY at all times under this agreement. All capital improvements and/or betterments to the fire engine(s) listed above, will be the responsibility and paid for by the owner of said fire engine(s). All other maintenance and repairs to the fire engine(s) listed above, will be the responsibility and paid for by the COUNTY under this Agreement. When the Riverside County Fire Department Fleet personnel determine the fire engine(s) listed above is due for replacement, the COUNTY will purchase a new fire engine(s); and, the owner of the old fire engine(s) may survey said fire engine(s) or reallocate as a second roll response fire engine. The annual cost for this service is calculated at 1/20 of the replacement cost. The current replacement cost is $725,000. If this Agreement is entered into mid- year, the annual cost will be prorated accordingly. The CITY may opt out of this Agreement at any time in writing and the costs will be prorated accordingly by fiscal year. No refunds will be provided for any prior payments. If the fire engine(s) have been titled to the COUNTY and the fire engine(s) are still within their useful life cycle, the ownership will not revert back to the CITY unless the entire Cooperative Agreement is terminated. Exhibit "C CITY OF TEMECULA Page 2 of 2 EXHIBIT "D" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, FIRE MARSHAL, RESCUE AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF TEMECULA DATED JULY 1, 2022 PAYMENT FOR ADDITIONAL SERVICES OFFICE OF THE FIRE MARSHAL AGREEMENT The Fire Marshal Agreement is utilized in the event a CITY elects to fund locally direct COUNTY Fire Marshal personnel at the CITY to perform the duties of the Office of the Fire Marshal. These duties include: For conformance with applicable laws, codes and regulations concerning fire protection and life safety - • Review Planning and Development Cases for the CITY • Review and inspection of construction development for the CITY • State mandated Fire/Life Safety Inspections in accordance with Health and Safety Code 13146.1, 13146.2, 13146.3, 13217 and 13235 • Review, Permitting and Inspection of Special Events • Investigation of fire safety complaints • Meeting with development applicants and customers Administrative activities - • Creation and maintenance of forms for review and inspection of construction development and fire/life safety inspections. • Provide information to customers on CITY Ordinances and Standards for construction • Creation and maintenance of Information Bulletins, Technical Policies and Standards for Fire Protection in the CITY • Provide recommendations on updating CITY Ordinances and Standards in regards to fire/life safety In the event CITY desires an increase in the Office of the Fire Marshal duties services provides, CITY shall provide sixty (60) days written notice of the proposed increase in services. COUNTY is under no obligation to approve any requested increase. COUNTY shall render a written decision on whether to allow or deny the increase within thirty (30) days of the notice provided pursuant to this section. It is the CITY responsibility to provide funding for all direct operating supplies for each position in accordance with COUNTY requirements and/or standards. These supplies include, but are not limited to: • Vehicle and regular maintenance • Training • Office space, furniture, Code & Standard reference books, and general & field supplies Exhibit "D" CITY OF TEMECULA Page 1 of 2 • All IT and Communication tools (such as cell phone, computer, etc.) • Uniform costs All costs including salaries and benefits will be included in each quarterly invoice as outlined in the Cooperative Agreement. The CITY may opt out of this Agreement and eliminate funding for locally direct COUNTY Fire Marshal personnel at the CITY in writing with a minimum notice of one hundred and twenty (120) days. The costs will be prorated accordingly by services provided and fiscal year. It is the responsibility of the CITY to obtain cost recovery for the Fire Marshal services provided by these personnel for the CITY. Contract CitieslEXHIBIT D - Fire Marshal Services l Template Exhibit D - 20180215.docx Exhibit "D" CITY OF TEMECULA Page 2 of 2 Item No. 11 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Erica Russo, Director of Community Services DATE: June 14, 2022 SUBJECT: Approve Sponsorship Agreement with Kiwanis Club of Temecula Valley Foundation for the Run 4k *Honor* Wine (At the Request of Council Member Alexander) PREPARED BY: Dawn Adamiak, Community Services Superintendent RECOMMENDATION: That the City Council approve the sponsorship agreement with Kiwanis Club of Temecula Valley Foundation for in -kind promotional services valued at $11,415 for the Run 4k *Honor* Wine. BACKGROUND: A representative of Honoring USA Heroes, working with Kiwanis Club of Temecula Valley Foundation, contacted Council Member Alexander regarding a 4k run they are hosting on July 3, 2022, Run 4k *Honor* Wine. The event is being held at Peltzer Farm & Winery and will include a 4k run, honoring a hero by presenting a living memorial picture, celebrating their life with a toast and vendor booths. Kiwanis is requesting the City provide in - kind promotional support valued at $11,415 which include placement on the Auto Mall Marquee and the City's website, a slide on Cable Channel 3, and a poster displayed at City Hall. The Kiwanis Club of Temecula Valley was founded in 1979. This high -profile, distinguished service club has long been dedicated to serving the needs of the community in the greater Temecula Valley and is a proud member of Kiwanis International. The Kiwanis Club of Temecula Valley is focused on serving the needs of their community with emphasis on children but is also involved in projects that serve others. They partner with the City of Temecula and the Temecula Valley Chamber of Commerce on a variety of events, host two mobile blood drives each year, and provide support to other local charitable organizations, among other community service -oriented programs. FISCAL IMPACT: The in -kind promotional services described above have an approximate market value of $11,415 but no direct fiscal impact. All associated staff time and resources are included in the existing Annual Operating Budget. ATTACHMENTS: Agreement SPONSORSHIP AGREEMENT BETWEEN CITY OF TEMECULA AND KIWANIS CLUB OF TEMECULA VALLEY FOUNDATION THIS AGREEMENT is made and effective as of this 14th day of June, 2022, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Kiwanis Club of Temecula Valley Foundation, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall operate the Run 41k *Honor* Wine (hereinafter referred to as the "Event") on July 3, 3022. The Event is a special event which is located at Peltzer Farm & Winery. b. The Event includes a 4k run, Honoring a Hero Toast and vendor booths C. Alcohol will be served. d. The City desires to be a Co -Sponsor of the Event. 2. TERM This Agreement shall commence on June 14, 2022, and shall remain and continue in effect until tasks described herein are completed, but in no event later than July 30, 2022, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the Nonprofit with in -kind promotional services valued at an amount not to exceed Eleven Thousand Four Hundred Fifteen Dollars and No Cents ($11,415.00), as listed in Exhibit B, the City of Temecula shall be designated as a Co - Sponsor of the Event. As a Co -Sponsor the City shall receive sponsor benefits as listed in Exhibit A. 4. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and submit to the Assistant City Manager a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Co -Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event must be included in such a written report. 5. 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 08/09/2021 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. 6. 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 June 14, 2022, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Recipient owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agencythat it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of 08/09/2021 activities performed by or on behalf of the NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Nonproft shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 7. 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. O8/09/2021 8. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 9. 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. 10. 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: Kiwanis Club of Temecula Valley Foundation Attn: Mark Ward PO Box 447 Temecula, CA 92593 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 08/09/2021 This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 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. O8/09/2021 EXHIBIT "A" CITY OF TEMECULA SPONSORSHIP BENEFITS CO-SPONSOR Kiwanis Club of Temecula Valley Foundation shall provide the following benefits and services for the citizens of the City of Temecula: ■ City of Temecula logo/name on advertisements • City of Temecula name on all press releases ■ City of Temecula logo/name on event poster • City of Temecula logo/name on event flyers "Press Releases will be distributed to all local media, however, publication cannot be guaranteed. Press Releases can also be provided to all sponsors for distribution to their clients, agents, employees, etc. 08/09/2021 EXHIBIT "B" IN -KIND SERVICES ESTIMATED VALUE OF PROMOTIONAL SERVICES PROVIDED BY THE CITY OF TEMECULA The estimated value for in -kind promotional assistance provided by The City of Temecula for the Run 41k *Honor* Wine is as follows: Item Auto Mall Marque Appears approximately once every 4 Y2 minutes Cable Channel Event slide appears approximately once per hour for 30 seconds City Website Event Listing on the City of Temecula's event calendar Promotional Poster 42X66 poster displayed in the concourse at the Civic Center TOTAL VALUE Value $ 3,115.00 $ 5,100.00 $ 2,200.00 $ 1,000.00 L 11,41IN 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: Matt Rahn, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney KIWANIS CLUB OF TEMECULA VALLEY FOUNDATION (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: A, A�W' Mark Ward, President By: Jim Stead, -Secretary NONPROFIT Kiwanis Club of Temecula Valley Foundation Attn: Mark Ward PO Box 447 Temecula, CA 92593 orbimark@_aol.com City Purchasing Mgr. Initials and Date: 2I' 6 08/09/2021 Item No. 12 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Erica Russo, Director of Community Services DATE: June 14, 2022 SUBJECT: Approve Memorandum of Understanding with the Foundation for Senior Care for Transportation and Parking Lot Related Services at the Mary Phillips Senior Center PREPARED BY: Yvette Martinez, Community Services Manager RECOMMENDATION: That the City Council approve the memorandum of understanding with the Foundation for Senior Care for the provision of transportation services provided by the foundation and utilizing the City facility, Mary Phillips Senior Center (MPSC) parking lot, as a connectivity destination for pick-up and drop-off of foundation clients. BACKGROUND: The City of Temecula incorporated in 1989 with a population of less than 30,000 residents and a senior population of less than 10%. The City has grown to over three times the size with a population of almost 110,000, with a senior population of approximately 25%. The City of Temecula recognizes the need to assist in providing services and amenities to enrich quality of life, provide information and education, and support the emotional and physical needs of aging adults within our community. For the past 22 years, the Mary Phillips Senior Center (MPSC) has grown along with the community by providing hundreds of programs, activities, and services for aging adults and those with special needs. It is the City's goal to provide the commitment and leadership to identify residents' needs, increase access to existing programs, develop tangible solutions, and plan for the future. The facility has become a place to socialize and participate, earning a reputation as "The Place Where Friends Meet". Coinciding with the increase in the senior population, caregivers are experiencing a need for services provided by Adult Day Care Centers that is not currently met by MPSC. Adult day care centers are designed for aging adults who are isolated or can no longer manage independently, by providing both mental and social stimulation for the seniors and a respite for caregivers. Currently, the nearest Adult Day Care Centers are in Fallbrook and Hemet. The Foundation for Senior Care provides care services, programs, and resource information for the senior population in Northern San Diego and Southwest Riverside Counties; and operates an adult day care center located in Fallbrook. This center provides professional care and assistance for frail, disabled and memory -impaired adults and is open from 9:00 am to 4:00 pm, Monday through Friday excluding major holidays observed by the Foundation (outlined in the attachment). To meet this need, The City and The Foundation for Senior Care wish to utilize the City facility, MPSC and alternatively the Temecula Community Center during the MPSC renovation closures, as a pick-up and drop-off location offered to their clients needing transportation to the Foundation adult day care center located in Fallbrook. This service will be provided on Monday - Friday of each week, excluding holidays observed by both the Foundation and the City and/or any construction closures. The MPSC, located at 41845 Sixth Street, Temecula, is open from 9:00 am to 4:00 pm, Monday through Friday excluding all City -observed holidays. According to the City of Temecula's Quality of Life Master Plan, "Transportation mobility means moving people and goods efficiently, safely and cost effectively throughout the community and regions by having transportation choices and well -planned networks. Connectivity means providing residents access to good jobs, housing, restaurant, recreation, shopping, medical facilities and services that make a city desirable and livable. It also means making sure that everyone has equal access to these assets." By granting the Foundation for Senior Care permission to utilize the MPSC parking lot as a connectivity destination within the designated area, the City will meet our goal of expanding public and private transportation options that improve the overall quality of life to seniors and caregivers, while achieving effective collaboration with relevant agencies to increase livability, improve productivity, provide opportunities for more healthy lifestyles, and provide increase access to services for all residents. The proposed Memorandum of Understanding has a term of three years. FISCAL IMPACT: None ATTACHMENTS: Memorandum of Understanding MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TEMECULA AND FOUNDATION FOR SENIOR CARE This Memorandum of Understanding ("MOU") is made and effective as of June 14, 2022 between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Foundation For Senior Care (hereinafter referred to as "Foundation"). BACKGROUND The Foundation provides supervised care services, programs, and resource information for the senior population in identified communities of Northern San Diego and Southwest Riverside Counties; and operates an adult day care center located at 320 West Alvarado Street, Fallbrook CA, 92028. The Foundation adult day care center provides professional care and assistance for frail, physically challenged, and memory impaired adults. The center is open from 9:00 a.m. to 4:00 p.m. Monday -Friday excluding "major" holidays observed by the Foundation. The City operates the Mary Philips Senior Center located at 41845 Sixth Street, Temecula, CA 92590. The Mary Philips Senior Center is open from 9:00 a.m. to 4:00 p.m. Monday -Friday excluding all City observed holidays. The Foundation wishes to utilize City facility, Mary Philips Senior Center as a pick-up/drop- off location offered to their clients needing transportation to the Foundation adult day care center located in Fallbrook, Monday - Friday, excluding holidays observed by both the Foundation and the City. Alternatively, when the Mary Phillips Senior Center is closed for renovations, the Foundation wishes to utilize City facility, Temecula Community Center as a pick-up/drop-off location. 2. RECITALS The parties agree that this MOU is made with respect to the following facts and purposes: a. The purpose of this MOU is to document the obligations of the City and Foundation as they relate to the provision of transportation services provided by the Foundation and utilizing City facility, Mary Philips Senior Center parking lot or alternatively the Temecula Community Center, as a connectivity destination for pick-up and drop-off of Foundation clients. b. The City is the owner of certain real property in the City of Temecula, known as the Mary Philips Senior Center located at 41845 Sixth Street, Temecula CA 92590, and Temecula Community Center located at 28816 Pujol Street, Temecula CA 92590. C. The Foundation is a private organization for senior care and is offering to its clients transportation from the Mary Philips Senior Center or Temecula Community Center parking lot to the Foundation Adult Day Care Center, located at 320 West Alvarado Street, Fallbrook CA 92028 with return service. The Foundation will offer this service to its clients Monday through Friday, with a departure time of 9:00 a.m. and a return time between the hours of 3:45- 4:30 p.m. d. The City is willing to grant permission to the Foundation to utilize the Mary Philips Senior Center or Temecula Community Center parking lot as a connectivity destination within the designated area, outlined in horizontal lines, in Exhibit A attached hereto and incorporated herein as though set forth in full. e. The Foundation will not offer services on the Foundation's observed holidays as outlined in Exhibit B of this Agreement attached hereto and incorporated herein as though set forth in full. f. The Foundation acknowledges the Mary Philips Senior Center facility or the Temecula Community Center will not be open on Saturday, Sunday, or City observed holidays as outlined in Exhibit B of this Agreement attached hereto and incorporated herein as though set forth in full. The City facility schedule and holidays observed may change at any time. It shall be the Foundation's responsibility to verify if the Mary Philips Senior Center or the Temecula Community Center facility is open and the parking lot available on the dates Foundation will be utilizing the connectivity destination. g. The City acknowledges the Mary Philips Senior Center and Temecula Community Center is a public facility and its restrooms and waiting area may be utilized by Foundation transportation clients. The Foundation shall ensure and communicate to its clients, their caretakers if applicable, and Foundation employees, volunteers, and staff that Foundation clients utilizing transportation services must be accompanied at all times. h. The Foundation warrants and represents the transportation program and its client participation is the sole responsibility and scheduling of the Foundation and the City has no participation in or responsibility to the program, scheduling requirements, or the well-being of any of the transportation participants. i. There shall be no cost to the Foundation for utilizing the Mary Philips Senior Center or Temecula Community Center parking lot as a connectivity destination and the City shall have no oversight over the Foundation program(s) or any fees associated with the transportation services or any program and service offered or provided by the Foundation. 3. OBLIGATIONS 3.1 Obligations of the Foundation. The Foundation shall, a. Be solely responsible for staffing, scheduling, and providing transportation services to its clients. The Foundation acknowledges its clients may be frail, physically challenged, and/or memory impaired and warrants and represents that employees, volunteers, or any staff providing transportation services are fully responsible for their client's well- being and are adequately trained, licensed, and prepared according to prevailing professional standards in caring for their clients and providing services. b. Be solely responsible for determining the Class driver's license required per California Department of Motor Vehicle (DMV) policy for the type vehicle the Foundation utilizes for transportation services. The Foundation is also responsible for ensuring their employee(s), volunteer(s) or any staff or person assigned to provide transportation services has a valid State of California driver's license in good standing and is fit to drive. C. Be responsible for the maintenance and any mechanical needs of Foundation vehicle(s). d. Be solely responsible for all clients, employees, volunteers, staff and other participants utilizing and conducting the transportation services. The Foundation warrants and represents they are solely responsible for the well-being of their clients and no client 2 shall not be left unattended at the Mary Philips Senior Center or Temecula Community Center facility or parking lot prior to pick-up or after return drop-off. e. Clearly indicate within all Foundation client release documents, advertising, flyers, social media communications, website information and all collateral materials and outreach programs that the City has no affiliation with the Foundation, is not responsible for clients, and has no oversight of any Foundation programs, costs and fees, or transportation and other services provided. 3.2 Obligations of the City. The City shall, a. Provide to Foundation access to the Mary Philips Senior Center or Temecula Community Center parking lot for utilization as a connectivity destination to pick-up and drop-off Foundation clients participating in their transportation services program Monday through Friday, excluding any City and Foundation holidays or City special events. b. City will notify Foundation, in advance as knowingly possible, of inability to access parking lot on any day not already identified as a City holiday. 4. TERM a. This MOU shall commence on June 14, 2022 and shall remain and continue in effect as a multi -year agreement until June 30, 2025. b. Renewal: The City and Foundation by mutual agreement may extend the term of this MOU by amendment. C. Termination: Either party may terminate this MOU with or without cause by giving thirty (30) days prior written notice to the other party, after which neither party will have any further obligation under this MOU, except that the indemnification provisions set forth below in Section 6. S. CONTACT INFORMATION AND NOTICES a. The contact and notice information for the Foundation shall be: Contact: Foundation For Senior Care Staff 135 South Mission Road Fallbrook, CA 92088 Foundation E-Mail: fscOfoundationforseniorcare.org Foundation Phone Number: 760-723-7570 Notices: Foundation For Senior Care Attn: Patty Sargent Executive Director 135 South Mission Road Fallbrook, CA 92028 b. The contact and notice information for the City shall be: Contact: Mary Philips Senior Center Yvette Martinez, Community Services Manager 41845 Sixth Street Temecula, CA 92590 Mary Philips Senior Center Notices: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 6. INDEMNIFICATION The Foundation agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Foundation's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, or the acts or omissions of Foundation, its officers, employees, agents or contractors, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 7. INSURANCE REQUIREMENTS Foundation shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Foundation, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2. Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Foundation 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 Foundation has no employees while performing under this Agreement, worker's compensation insurance is not required, but Foundation shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Foundation 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 0 separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. 3. Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Foundation; products and completed operations of the Foundation; premises owned, occupied or used by the Foundation; or automobiles owned, leased, hired or borrowed by the Foundation. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Foundation'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 Foundation's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Foundation's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Foundation 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-:Vll or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Foundation 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 Foundation's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 8. INDEPENDENT CONTRACTOR a. Foundation is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Foundation shall at all times be under Foundation's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Foundation or any of Foundation's officers, employees, or agents except as set forth in this Agreement. Foundation 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. Foundation shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Foundation in connection with the performance of this Agreement. Except for the fees paid to Foundation as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Foundation for performing services hereunder for City. City shall not be liable for compensation or indemnification to Foundation for injury or sickness arising out of performing services hereunder. 9. ASSIGNMENT The Foundation shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Foundation's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Foundation. 10. LICENSES At all times during the term of this Agreement, Foundation shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 11. GOVERNING LAW The City and Foundation 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. 12. LEGAL RESPONSIBILITIES 0 The Foundation 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 Foundation 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 Foundation to comply with this section. 13. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 14. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Foundation warrants and represents that he or she has the authority to execute this Agreement on behalf of the Foundation and has the authority to bind Foundation to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Matt Rahn, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: FOUNDATION FOR SENIOR CARE (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Patricia Sargent, Executive Director By: 2'� J:�4= Roger, h ver, Foundation President Senior Care Board of Directors Peter M. Thorson, City Attorney FOUNDATION Foundation for Senior Care Attn: Patty Sargent, Executive Director 135 South Mission Road Fallbrook, CA 92028 Phone: 760-723-7570 E-Mail:psargent@foundationforseniorcare.org PM Initials: �rq ,�,� Date: i 8 EXHIBIT A PARKING LOT MAP OF MARY PHILIPS SENIOR CENTER The Foundation for Senior Care is authorized to pick-up and drop-off their clients at the Mary Philips Senior Center parking lot Monday through Friday, excluding any City and Foundation holidays or City special events within the designated area outlined in horizontal lines on the attached map attached hereto and incorporated herein as though set forth in full. Alternatively, the Temecula Community Center will be authorized as a destination point while the Mary Phillips Senior Center is closed for renovations. Kit Mary Phillips Senior Center Temecula Community Center 9 EXHIBIT B HOLIDAYS OBSERVED BY CITY AND FOUNDATION The Mary Philips Senior Center and Temecula Community Center is open from 9:00 a.m. to 4:00 p.m. Monday -Friday excluding all City observed holidays. The Foundation center is open from 9:00 a.m. to 4:00 p.m. Monday -Friday excluding "major" holidays observed by the Foundation. The City and Foundation schedules are per the attached listing attached hereto and incorporated herein as though set forth in full. Foundation acknowledges the Mary Philips Senior Center and Temecula Community Center facility, and parking lot schedule may change at any time for any reason and City observed holidays may also change at any time. There are also occasions the City closes the Mary Philips Senior Center for special events. It shall be the Foundation's responsibility to verify the availability and schedule of the Mary Philips Senior Center on those dates Foundation will utilize the City facility parking lot for connectivity destination. 10 Exhibit B CITY OF TEMECULA OBSERVED HOLIDAYS The City of Temecula observes the following holidays. If the holiday falls on a Saturday, the holiday is observed the Friday before the holiday date. If the holiday falls on a Sunday, the holiday is observed the Monday following the holiday date. '/z day — New Year's Eve Afternoon (Observed) New Year's Day Martin Luther King, Jr. Birthday President's Day Memorial Day Independence Day Labor Day Thanksgiving Day Friday after Thanksgiving '/z day — Christmas Eve Afternoon (Observed) Christmas Day 11 Exhibit B FOUNDATION FOR SENIOR CARE OBSERVED HOLIDAYS New Year's Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Friday after Thanksgiving Christmas Day 12 Item No. 13 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Michael Heslin, Director of Information Technology and Support Services DATE: June 14, 2022 SUBJECT: Approve Enterprise License Agreement with ESRI for the ArcGIS Suite of Software PREPARED BY: Damion Patrick, Assistant Director of ITSS RECOMMENDATION: That the City Council: 1. Approve an enterprise license agreement with ESRI for the ArcGIS Suite of Software in an amount not to exceed $71,324 per year; and 2. Authorize the City Manager to approve contract change orders of up to 10% of the annual amount, or $7,132 per year. BACKGROUND: As part of the City's ongoing efforts to manage City assets, streamline the permitting process, and build efficiencies in inspections, work orders, event planning, and more, the City leverages the ESRI ArcGIS suite of software. This Geographic Information System (GIS) software is a digital mapping and analysis tool used by departments throughout the City. It is a foundational piece of our permit and asset management processes, allowing staff to quickly find the location and data related to a given property or City asset. In addition, it is used extensively to map and plan for projects in Public Works and special events in Community Services. It will also be relied upon heavily in the coming years, as part of the General Plan update in the Community Development department, and to support public safety in the Police and Fire Departments, and in the Emergency Operations Center. The licensing for ESRI products is sole source, as no other vendor can provide them for the City. The approval of this recommendation authorizes the City to enter into an agreement with ESRI to license their ArcGIS suite of software products. FISCAL IMPACT: Adequate funds have been budgeted in the Annual Operating Budget. Subsequent years will be subject to budget approval. ATTACHMENTS: ESRI Enterprise Agreement Esri Use Only: Cust. Name Cust. # PO # _ Esri Agreement # SMALL ENTERPRISE AGREEMENT COUNTY AND MUNICIPALITY GOVERNMENT (E214-3) THE OI er i O SCIENCE WHERE This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri"). This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A. Table A List of Products Uncapped Quantities Desktop Software and Extensions (Single Use) ArcGIS Desktop Advanced ArcGIS Desktop Standard ArcGIS Desktop Basic ArcGIS Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Software and Extensions ArcGIS Enterprise and Workgroup (Advanced and Standard) ArcGIS Monitor ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager Enterprise Additional Capability Servers ArcGIS Image Server Developer Tools ArcGIS Engine ArcGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Engine Geodatabase Update, ArcGIS Network Analyst, ArcGIS Schematics ArcGIS Runtime (Standard) ArcGIS Runtime Analysis Extension Limited Quantities One (1) Professional subscription to ArcGIS Developer Two (2) ArcGIS CityEngine Single Use Licenses 250 ArcGIS Online Viewers 250 ArcGIS Online Creators 37,500 ArcGIS Online Service Credits 250 ArcGIS Enterprise Creators 5 ArcGIS Insights in ArcGIS Enterprise 5 ArcGIS Insights in ArcGIS Online 50 ArcGIS Tracker for ArcGIS Enterprise 50 ArcGIS Tracker for ArcGIS Online 4 ArcGIS Parcel Fabric User Type Extensions (Enterprise) 4 ArcGIS Utility Network User Type Extensions (Enterprise) 4 ArcGIS Trace Network User Type Extensions (Enterprise) OTHER BENEFITS Number of Esri User Conference registrations provided annually 4 Number of Tier 1 Help Desk individuals authorized to call Esri 4 Maximum number of sets of backup media, if requested` 2 Five percent (5%) discount on all individual commercially available instructor -led training classes at Esri facilities purchased outside this Agreement "Additional sets of backup media may be purchased for a fee Page 1 of 6 August 31, 2021 Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date"). Term of Agreement: Three (3) years This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement. Accepted and Agreed: City of Temecula (Customer) Bv: Authorized Signature Printed Name: �aI4 RArx Title: MA2lo,' Date: ATTEST: Ay: andi Jo , Secretary Environmental Systems Research Institute, Inc. ("Esri"). By: A - 'IA• Q ►� 4<) Authorized Signature Printed Name: Alejandra Merino Title: Manager, International Contracts Date: 31 Mav 2022 By: Authorizald Siofisture Printed Name: Tamisa Greening Title: Managing Business Attorney Date: 31 May 2022 Peter M. Thorson, CUSTOMER CONTACT INFORMATION City Attorney' Contact: Agran MiAk&W8 Telephone: q� Address: 41000 Main St City, State, Postal Code: Temecula, CA 92590 Country: United States of America Quotation Number (if applicable): Quotation # Q-466280 FtNvwck. Fax: 368• M-9 E-mail: tali ron• mail 4WS Tf_m t wlv-M q o Page 2 of 6 August 31, 2021 1 .0—ADDITIONAL DEFINITIONS In addition to the definitions provided in the Master Agreement, the following definitions apply to this Agreement: "Case" means a failure of the Software or Online Services to operate according to the Documentation where such failure substantially impacts operational or functional performance. "Deploy", "Deployed" and "Deployment" mean to redistribute and install the Products and related Authorization Codes within Customer's organization(s). "Fee" means the fee set forth in the Quotation. "Maintenance" means Tier 2 Support, Product updates, and Product patches provided to Customer during the Term of Agreement. "Master Agreement" means the applicable master agreement for Esri Products incorporated by this reference that is (i) found at htips://www.esri.comlen- usllegalltermslfull-master-agreement and available in the installation process requiring acceptance by electronic acknowledgment or (ii) a signed Esri master agreement or license agreement that supersedes such electronically acknowledged master agreement. "Product(s)" means the products identified in Table A —List of Products and any updates to the list Esri provides in writing. "Quotation" means the offer letter and quotation provided separately to Customer. "Technical Support" means the technical assistance for attempting resolution of a reported Case through error correction, patches, hot fixes, workarounds, replacement deliveries, or any other type of Product corrections or modifications. "Tier 1 Help Desk" means Customer's point of contact(s) to provide all Tier 1 Support within Customer's organization(s). "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk. "Tier 2 Support" means the Esri Technical Support provided to the Tier 1 Help Desk when a Case cannot be resolved through Tier 1 Support. 2.0—ADDITIONAL GRANT OF LICENSE 2.1 Grant of License. Subject to the terms and conditions of this Agreement, Esri grants to Customer a personal, nonexclusive, nontransferable license solely to use, copy, and Deploy quantities of the Products listed in Table A —List of Products for the Term of Agreement (i) for the applicable Fee and (ii) in accordance with the Master Agreement. 2.2 Consultant Access. Esri grants Customer the right to permit Customer's consultants or contractors to use the Products exclusively for Customer's benefit. Customer will be solely responsible for compliance by consultants and contractors with this Agreement and will ensure that the consultant or contractor discontinues use of Products upon completion of work for Customer. Access to or use of Products by consultants or contractors not exclusively for Customer's benefit is prohibited. Customer may not permit its consultants or contractors to install Software or Data on consultant, contractor, or third -party computers or remove Software or Data from Customer locations, except for the purpose of hosting the Software or Data on Contractor servers for the benefit of Customer. 3.0—TERM, TERMINATION, AND EXPIRATION 3.1 Term. This Agreement and all licenses hereunder will commence on the Effective Date and continue for the duration identified in the Term of Agreement, unless this Agreement is terminated earlier as provided herein. Customer is only authorized to use Products during the Term of Agreement. For an Agreement with a limited term, Esri does not grant Customer an indefinite or a perpetual license to Products. No Use upon Agreement Expiration or Termination. All Product licenses, all Maintenance, and Esri User Conference registrations terminate upon expiration or termination of this Agreement. Termination for a Material Breach. Either party may terminate this Agreement for a material breach by the other party. The breaching party will have thirty (30) days from the date of written notice to cure any material breach. Termination for Lack of Funds. For an Agreement with government or government - Page 3 of 6 August 31, 2021 owned entities, either party may terminate this Agreement before any subsequent year if Customer is unable to secure funding through the legislative or governing body's approval process. 3.5 Follow-on Term. If the parties enter into another agreement substantially similar to this Agreement for an additional term, the effective date of the follow-on agreement will be the day after the expiration date of this Agreement. than the defined Products will receive Maintenance. Customer may acquire maintenance for other Software outside this Agreement. a. Tier 1 Support 1. Customer will provide Tier 1 Support through the Tier 1 Help Desk to all Customer's authorized users. 2. The Tier 1 Help Desk will be fully trained in the Products. 4.0—PRODUCT UPDATES 3. At a minimum, Tier 1 Support will include those activities that assist the user in 4.1 Future Updates. Esri reserves the right to resolving how-to and operational questions update the list of Products in Table A —List of as well as questions on installation and Products by providing written notice to troubleshooting procedures. Customer. Customer may continue to use all Products that have been Deployed, but support 4. The Tier 1 Help Desk will be the initial point and upgrades for deleted items may not be of contact for all questions and reporting of a available. As new Products are incorporated into Case. The Tier 1 Help Desk will obtain a full the standard program, they will be offered to description of each reported Case and the Customer via written notice for incorporation into system configuration from the user. This the Products schedule at no additional charge. may include obtaining any customizations, Customer's use of new or updated Products code samples, or data involved in the Case. requires Customer to adhere to applicable additional or revised terms and conditions in the 5. If the Tier 1 Help Desk cannot resolve the Master Agreement. Case, an authorized Tier 1 Help Desk individual may contact Tier 2 Support. The 4.2 Product Life Cycle. During the Term of Tier 1 Help Desk will provide support in such Agreement, some Products may be retired or a way as to minimize repeat calls and make may no longer be available to Deploy in the solutions to problems available to identified quantities. Maintenance will be subject Customer's organization. to the individual Product Life Cycle Support Status and Product Life Cycle Support Policy, 6. Tier 1 Help Desk individuals are the only which can be found at individuals authorized to contact Tier 2 https://support.esri.comlen/other-- Support. Customer may change the Tier 1 resourceslproduct-life-cycle. Updates for Help Desk individuals by written notice to Products in the mature and retired phases may Esri. not be available. Customer may continue to use Products already Deployed, but Customer will b. Tier 2 Support not be able to Deploy retired Products. 1. Tier 2 Support will log the calls received from Tier 1 Help Desk. 5.0—MAINTENANCE The Fee includes standard maintenance benefits during the Term of Agreement as specified in the most current applicable Esri Maintenance and Support Program document (found at httpsJ/www.esri.coni/en- us/legal/terms/maintenance). At Esri's sole discretion, Esri may make patches, hot fixes, or updates available for download. No Software other 2. Tier 2 Support will review all information collected by and received from the Tier 1 Help Desk including preliminary documented troubleshooting provided by the Tier 1 Help Desk when Tier 2 Support is required. 3. Tier 2 Support may request that Tier 1 Help Desk individuals provide verification of information, additional information, or answers to additional questions to Page 4 of 6 August 31, 2021 supplement any preliminary information gathering or troubleshooting performed by Tier 1 Help Desk. 4. Tier 2 Support will attempt to resolve the Case submitted by Tier 1 Help Desk. 5. When the Case is resolved, Tier 2 Support will communicate the information to Tier 1 Help Desk, and Tier 1 Help Desk will disseminate the resolution to the user(s). 6.0—ENDORSEMENT AND PUBLICITY This Agreement will not be construed or interpreted as an exclusive dealings agreement or Customer's endorsement of Products. Either party may publicize the existence of this Agreement. 7.0—ADMINISTRATIVE REQUIREMENTS 7.1 OEM Licenses. Under Esri's OEM or Solution OEM programs, OEM partners are authorized to embed or bundle portions of Esri products and services with their application or service. OEM partners' business model, licensing terms and conditions, and pricing are independent of this Agreement. Customer will not seek any discount from the OEM partner or Esri based on the availability of Products under this Agreement. Customer will not decouple Esri products or services from the OEM partners' application or service. 7.2 Annual Report of Deployments. At each anniversary date and ninety (90) calendar days prior to the expiration of this Agreement, Customer will provide Esri with a written report detailing all Deployments. Upon request, Customer will provide records sufficient to verify the accuracy of the annual report. 8.0—ORDERING, ADMINISTRATIVE PROCEDURES, DELIVERY, AND DEPLOYMENT Orders, Delivery, and Deployment Upon the Effective Date, Esri will invoice Customer and provide Authorization Codes to activate the nondestructive copy protection program that enables Customer to download, operate, or allow access to the Products. If this is a multi -year Agreement, Esri may invoice the Fee up to thirty (30) calendar days before the annual anniversary date for each year. b. Undisputed invoices will be due and payable within thirty (30) calendar days from the date of invoice. Esri reserves the right to suspend Customer's access to and use of Products if Customer fails to pay any undisputed amount owed on or before its due date. Esri may charge Customer interest at a monthly rate equal to the lesser of one percent (1.0%) per month or the maximum rate permitted by applicable law on any overdue fees plus all expenses of collection for any overdue balance that remains unpaid ten (10) days after Esri has notified Customer of the past -due balance. c. Esri's federal ID number is 95-2775-732. d. If requested, Esri will ship backup media to the ship -to address identified on the Ordering Document, FOB Destination, with shipping charges prepaid. Customer acknowledges that should sales or use taxes become due as a result of any shipments of tangible media, Esri has a right to invoice and Customer will pay any such sales or use tax associated with the receipt of tangible media. 8.2 Order Requirements. Esri does not require Customer to issue a purchase order. Customer may submit a purchase order in accordance with its own process requirements, provided that if Customer issues a purchase order, Customer will submit its initial purchase order on the Effective Date. If this is a multi -year Agreement, Customer will submit subsequent purchase orders to Esri at least thirty (30) calendar days before the annual anniversary date for each year. All orders pertaining to this Agreement will be processed through Customer's centralized point of contact. The following information will be included in each Ordering Document: (1) Customer name; Esri customer number, if known; and bill -to and ship -to addresses (2) Order number (3) Applicable annual payment due Page 5 of 6 August 31, 2021 9.0—MERGERS, ACQUISITIONS, OR DIVESTITURES If Customer is a commercial entity, Customer will notify Esri in writing in the event of (i) a consolidation, merger, or reorganization of Customer with or into another corporation or entity; (ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's organization (subsections i, ii, and iii, collectively referred to as "Ownership Change"). There will be no decrease in Fee as a result of any Ownership Change. 9.1 If an Ownership Change increases the cumulative program count beyond the maximum level for this Agreement, Esri reserves the right to increase the Fee or terminate this Agreement and the parties will negotiate a new agreement. 9.2 If an Ownership Change results in transfer or sale of a portion of Customer's organization, that portion of Customer's organization will transfer the Products to Customer or uninstall, remove, and destroy all copies of the Products. 9.3 This Agreement may not be assigned to a successor entity as a result of an Ownership Change unless approved by Esri in writing in advance. If the assignment to the new entity is not approved, Customer will require any successor entity to uninstall, remove, and destroy the Products. This Agreement will terminate upon such Ownership Change. Page 6 of 6 August 31, 2021 THE e s r i • SCIENCE OF WHERE' Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 Fax: (909) 307-3049 DUNS Number: 06-313-4175 CAGE Code: OAMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 312412022 To: 6/22/2022 Material Qty Term 168179 1 Yearl Quotation # Q-466280 Date: March 24, 2022 Customer # 124948 Contract # City of Temecula IT/SS 41000 Main St Temecula, CA 92590 ATTENTION: Damion Patrick PHONE: 9516946420 EMAIL: damion.patrick@temeculaca.gov Populations of 50,001 to 100,000 Small Government Term Enterprise License Agreement 168179 Year 2 Populations of 50,001 to 100,000 Small Government Term Enterprise License Agreement 168179 Year 3 Populations of 50,001 to 100,000 Small Government Term Enterprise License Agreement 173625 Unit Price Total $63,000.00 $63,000.00 $63,000.00 $63,000.00 $63,000.00 $63,000.00 $4,840.00 $4,840.00 Site Scan for ArcGIS Operator License, 1 Year Subscription USA Hosted. This user type license is the foundation of Site Scan for ArcGIS. It provides drone operators the ability to create and fly drone missions using Site Scan Flight Planning, and to upload drone flight data into Site Scan Manager for processing into 2D and 3D outputs. In addition to the ability to fly a drone and upload images for processing, Site Scan Operators have the same privileges as a Site Scan Access License, including ability to download, edit, analyze, and share project data using the Site Scan Manager web interface. What's Included: Access to Site Scan for ArcGIS Flight Planning iOS App, Access to Site Scan for ArcGIS Manager Web App, Unlimited data processing and storage in private cloud, Unlimited View Only Licenses, Technical support (Email/phone support [7AM to 7PM PT: Monday thru Friday], E Learning online knowledge base. Year 1 173632 1 $484.00 $484.00 Site Scan for ArcGIS Access License, 1 Year Subscription USA Hosted. This user type license is for drone data users that need full access to analyze, manage, and share data from their organization's Site Scan drone projects. An Access License is required to download, edit, analyze, and process project data using Site Scan Manager, to make persistent measurements or annotations, or to access Admin functionalities such as user or fleet management, if authorized. What's Included: Access to Site Scan for Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or Invoice program. IFor questions contact: Email: Phone: .Jacqueline Scott jacqueline_scott@esri.com (909) 793-2853 x1650 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at httfas:llassets.esri.comlcoiitentldamlesrisiteslrnediadegal/product-specific-terms•of-usele300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri's standard terms and conditions found at https:llgo.esrl.comMAPS apply to your purchase of that item. If any item is quoted with a multi -year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third -party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Supplemental terms and conditions found at htt�s:lMNwd.esri.comlen-usllegalltermslstate supp..le..mental apply to some state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchaseftense. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin. SCOTTJ This offer is limited to the terms and conditions incorporated and attached herein. THE SCI esri- WHERE - Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 Fax: (909) 307-3049 DUNS Number: 06-313-4175 CAGE Code: OAMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 3/24/2022 To: 6/22/2022 Quotation # Q-466280 Date: March 24, 2022 Customer # 124948 Contract # City of Temecula IT/SS 41000 Main St Temecula, CA 92590 ATTENTION: Damion Patrick PHONE: 9516946420 EMAIL: damion.patrick@temeculaca.gov Material City Term Unit Price Total ArcGIS Manager Web App, Access to Site Scan for ArcGIS Flight Planning iOS App to plan flights only (cannot operate drone), Technical support (Email/phone support [7AM to 7PM PT: Monday thru Friday], E Learning online knowledge base. Year 1 178731 2 $1,500.00 $3,000.00 ArcGIS Urban Online Term License, Year 1 173625 $4,840.00 $4,840.00 Site Scan for ArcGIS Operator License, 1 Year Subscription USA Hosted. This user type license is the foundation of Site Scan for ArcGIS. It provides drone operators the ability to create and fly drone missions using Site Scan Flight Planning, and to upload drone flight data into Site Scan Manager for processing into 2D and 3D outputs. In addition to the ability to fly a drone and upload images for processing, Site Scan Operators have the same privileges as a Site Scan Access License, including ability to download, edit, analyze, and share project data using the Site Scan Manager web interface. What's Included: Access to Site Scan for ArcGIS Flight Planning iOS App, Access to Site Scan for ArcGIS Manager Web App, Unlimited data processing and storage in private cloud, Unlimited View Only Licenses, Technical support (Email/phone support [7AM to 7PM PT: Monday thru Friday], E Learning online knowledge base. Year 2 173632 1 $484.00 $484.00 Site Scan for ArcGIS Access License, 1 Year Subscription USA Hosted. This user type license is for drone data users that need full access to analyze, manage, and share data from their organization's Site Scan drone projects. An Access License is required to download, edit, analyze, and process project data using Site Scan Manager, to make persistent measurements or annotations, or to access Admin functionalities such as user or fleet management, if authorized. What's Included: Access to Site Scan for ArcGIS Manager Web App, Access to Site Scan for ArcGIS Flight Planning iOS App to plan flights only (cannot operate drone), Technical support (Email/phone support [7AM to 7PM PT: Monday thru Friday], E Learning online knowledge base. Year 2 178731 2 $1,500.00 $3,000.00 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. IFor questions contact: Email: Phone: I Jacqueline Scott jacqueline_scott@esri.com (909) 793-2853 x1650 The items on this quotation are subject to and govemed by the terms of this quotation, the most current product specific scope of use document found at httpA[lassets.esri.comlcanrentldamlesrisiteslmediallegalloroduct-specific-terms-of-use/000,pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esrl's standard terms and conditions found at hltnsWgo.esri.comIMAPS apply to your purchase of that item. If any item is quoted with a multi -year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third -party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not he responsible for any further payments for the data set. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri s GSA Federal Supply Schedule. Supplemental terms and conditions found at https.lMww.esri.comlen-usflega[Aermslstate-supplemental apply to some state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esn's offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchaselficense. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin. SCOTTJ This offer is limited to the terms and conditions incorporated and attached herein. Alait, THE e s r I• I SCIENCE OF WHERE' Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 Fax: (909) 307-3049 DUNS Number: 06-313-4175 CAGE Code: OAMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 312412022 To: 612212022 Material Qty Term ArcGIS Urban Online Term License, Year 2 173625 Quotation # Q-466280 Date: March 24, 2022 Customer # 124948 Contract # City of Temecula IT/SS 41000 Main St Temecula, CA 92590 ATTENTION: Damion Patrick PHONE: 9516946420 EMAIL: damion.patrick@temeculaca.gov Unit Price Total $4,840.00 $4,840.00 Site Scan for ArcGIS Operator License, 1 Year Subscription USA Hosted. This user type license is the foundation of Site Scan for ArcGIS. It provides drone operators the ability to create and fly drone missions using Site Scan Flight Planning, and to upload drone flight data into Site Scan Manager for processing into 2D and 3D outputs. In addition to the ability to fly a drone and upload images for processing, Site Scan Operators have the same privileges as a Site Scan Access License, including ability to download, edit, analyze, and share project data using the Site Scan Manager web interface. What's Included: Access to Site Scan for ArcGIS Flight Planning iOS App, Access to Site Scan for ArcGIS Manager Web App, Unlimited data processing and storage in private cloud, Unlimited View Only Licenses, Technical support (Email/phone support [7AM to 7PM PT: Monday thru Friday], E Learning online knowledge base. Year 3 173632 1 $484.00 $484.00 Site Scan for ArcGIS Access License, 1 Year Subscription USA Hosted. This user type license is for drone data users that need full access to analyze, manage, and share data from their organization's Site Scan drone projects. An Access License is required to download, edit, analyze, and process project data using Site Scan Manager, to make persistent measurements or annotations, or to access Admin functionalities such as user or fleet management, if authorized. What's Included: Access to Site Scan for ArcGIS Manager Web App, Access to Site Scan for ArcGIS Flight Planning iOS App to plan flights only (cannot operate drone), Technical support (Email/phone support [7AM to 7PM PT: Monday thru Friday], E Learning online knowledge base. Year 3 178731 2 ArcGIS Urban Online Term License, Year 3 $1,500.00 $3,000.00 Esd may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. IFor questions contact: Email: Phone: I Jacqueline Scott jacqueline_scott@esri.com (909) 793-2853 x1650 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at htLps:l/assets.esr].com/contenUdamiesrisites/mediafleaai/ m�rQduct-specific-terms-cf-usele3QO.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esfi's standard terms and conditions found at hilos:llgo.esn.comIMAPS apply to your purchase of that item. If any item is quoted with a multi -year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third -party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third -parry's terms and conditions. if Esri is unable to provide any such data set, Customer wilt not be responsible for any further payments for the data set. Federal government entities and government prime contractors authorized under FAR 5 1. 1 may purchase under the terms of Esh's GSA Federal Supply Schedule. Supplemental terms and conditions found at htl .1Mww.esri �_oomlen-uslIegaIIterms/state-suppliamental apply to some state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's offerings. Acceptance of this quotation Is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to a to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchasellicense. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin. SCOTTJ This offer is limited to the terms and conditions incorporated and attached herein. liaik, THE SCIENC esri- I OF WHERE' Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 Fax: (909) 307-3049 DUNS Number: 06-313-4175 CAGE Code: OAMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 312412022 To: 6/22(2022 Quotation # Q-466280 Date: March 24, 2022 Customer # 124948 Contract # City of Temecula IT/SS 41000 Main St Temecula, CA 92590 ATTENTION: Damion Patrick PHONE: 9516946420 EMAIL: damion.patrick@temeculaca.gov Subtotal: $213,972.00 Sales Tax: $0.00 Estimated Shipping and Handling (Surface Delivery): $0.00 Contract Price Adjust: $0.00 Total: $213,972.00 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. IFor questions contact: Email: Phone: I .Jacqueline Scott jacqueline_scott@esri.com (909) 793-2853 x1650 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https.11assets _esr3_carolconsentldamlesrisiteslmcdiallec allproduct specific -terms o#-usele30Q.pdr, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri's standard terms and conditions found at "I s I/go.esri.comMWS apply to your purchase of that item. If any item is quoted with a multi -year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third -party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. IF Esri is unable to provide any such data set. Customer will not be responsible for any further payments for the data set. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Supplemental terms and conditions found at h€tps:lhvww.esri.comlei}_uMeg atiterms/state-supplem.entaI apply to some state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchasellicense. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin. SCOTTJ This offer is limited to the terms and conditions incorporated and attached herein. Item No. 14 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Michael Heslin, Director of Information Technology and Support Services DATE: June 14, 2022 SUBJECT: Approve Agreements with Western AN for the Purchase, Installation and Maintenance, of Audiovisual Equipment in Old Town and City Facilities PREPARED BY: Damion Patrick, Assistant Director of ITSS RECOMMENDATION: That the City Council: 1. Approve a purchase and installation agreement with Western AN for audiovisual equipment throughout Old Town and within City facilities for an amount not to exceed $368,964.05; and 2. Approve a maintenance work agreement with Western AN for the Old Town sound system for an amount not to exceed $100,000; and 3. Authorize the City Manager to approve contract change orders up to 10% of the contract amount, or $36,896.40. BACKGROUND: As part of the ambiance of Old Town and to contribute to the "vibrant pedestrian -friendly, walkable downtown destination" envisioned in the Old Town Specific Plan, the City utilizes a sound system that plays background music throughout the Old Town district each day. In addition, the system is used to provide audio for events in Old Town such as our annual Holiday parade, 4th of July parade, Rod Run, and other events. This system was installed approximately 20 years ago and has aged beyond its useful life. At this point, replacement equipment is difficult, if not impossible to acquire, which has left the system with uneven coverage, and mismatched equipment. This project will replace the aging equipment and modernize the technology allowing staff to operate the system with greater efficiency and sound control. On March 4, 2022, the City issued a competitive solicitation for the purchase and installation of replacement system via the City's online bidding platform, PlanetBids. The solicitation did include the Local Vendor Preference Ordinance language as adopted in July 2012. There were only two bidders and one was a Local Vendor and given the 5% local preference, however, was not selected. Western Audio Visual (WAV) was chosen as the preferred vendor and has previously contracted with the City for audiovisual services at the Library and Civic Center. FISCAL IMPACT: CIP budget. Adequate funds have been budgeted in the Fiscal Year 2021-2022 ATTACHMENTS: Agreements 5-7-22 PURCHASE AND INSTALLATION AGREEMENT BETWEEN CITY OF TEMECULA AND WESTERN A/V PURCHASE AND INSTALLATION OF AUDIOVISUAL EQUIPMENT THIS AGREEMENT is made and effective as of June 14, 2022, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and WESTERN A/V, a Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: TERM This Agreement shall commence on June 14, 2022 and shall remain and continue in effect until tasks described herein are completed, but in no event later than July 31, 2023, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for one (1) additional one (1) year term. In no event shall the contract be extended beyond July 31, 2024. 2. PURCHASE AND SALE OF EQUIPMENT On and subject to the terms and conditions set forth in this Agreement and the Agreement Documents, Contractor agrees to sell and install for the City Audiovisual Equipment as more particularly described in Exhibit A, Scope of Work, (hereafter "Equipment"). 3. PURCHASE 1 INSTALLATION PRICE The Purchase Price which City agrees to pay to Contractor for the Equipment is Three Hundred Sixty -Eight Thousand, Nine Hundred Sixty -Four Dollars and Five Cents. ($368,964.05). The Purchase Price is final and shall be paid by City to Contractor in accordance with Exhibit B, Payment Rates and Schedule. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement, but in no event shall the total sum of the Agreement exceed Four Hundred Five Thousand, Eight Hundred Sixty Dollars and Forty -Five Cents (405,860.45). Any additional work in excess of this amount shall be approved by the City Council. 4. SCOPE OF WORK Contractor shall install the Equipment as described in Exhibit A. Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed by the City. 05/27/2022 5-7-22 5. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.htmi 7. REPRESENTATIONS AND WARRANTIES OF VENDOR Contractor makes the following representations and warranties to City: a. Authority and Consents. Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Contractor's execution, delivery, installation and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, installation and performance of this Agreement by Contractor have been duly authorized by all necessary action on the part of Contractor and constitute the legal, valid and binding obligations of Contractor, enforceable against Contractor in accordance with their respective terms. b. Title and Operating Condition. Contractor has good and marketable title to all of the Equipment manufactured and installed. All of the Equipment are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Equipment are in good operating condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Agreement Documents. Contractor is aware the City is purchasing the Equipment for use as 05/27/2022 5-7-22 audiovisual equipment and that City is relying on Contractor's warranties that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. C. Full Disclosure. None of the representations and warranties made by Contractor in this Agreement contains or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 8. PERFORMANCE Contractor shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Contractor shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 9. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Contractor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 10. TIME OF DELIVERY The date and time of delivery of the Equipment shall be on or before December 31, 2022 11. PLACE OF DELIVERY The Equipment shall be delivered to this location City of Temecula 41000 Main St Temecula CA, 92590 12. REJECTION In the event of such notice of non -conformity by City pursuant to the section entitled "City Approval" City may, at its option, (1) reject the whole of the Equipment and Installation, (2) accept the whole of the Equipment and Installation, or (3) accept any commercial unit or units of the Equipment and reject the remainder or the Installation. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Contractor and, in the event that expenses are incurred by City in following such instructions, Contractor shall indemnify City in full for such expenses. 05/27/2022 5-7-22 13. NO REPLACEMENT OF CURE This Agreement calls for strict compliance. Contractor expressly agrees that both the Equipment and Installation tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Equipment or any part thereof pursuant to the Section entitled "Rejection" City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to affect a cure of the original tender by Contractor. 14. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 15. AGREEMENT DOCUMENTS a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: Exhibit A: Scope of Work, Exhibit B: Payment Rates and Schedule. 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. 16. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event the Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall service the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without 05/27/2022 5-7-22 further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 17. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). C. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection 05/27/2022 5-7-22 afforded to the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. d. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. e. 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. 18. SURVIVAL OF REPRESENTATIONS AND WARRANATIES All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, installation and performance of this Agreement. 19. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 05/27/2022 5-7-22 20. PROHIBITED INTEREST No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 21. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 22. ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 23. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 05/27/2022 5-7-22 To Consultant: Western A/V Steve M. Hollingsworth 1592 Batavia St. Suite 2, Orange, CA 92867 24. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 25. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 26. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 05/27/2022 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Matt Rahn, Mayor ATTEST: By: _ Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney WESTERN AUDIO VISUAL, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: J c ellin, CFO By: C4.illz "a -A Catherine Schellin, President CONTRACTOR Western Audio Visual Steve M. Hollingsworth 1592 Batavia St, Suite 2, Orange, CA 92867 (714)637-7272 (714)637-7330 steveh@wavl.com City Purchasing Mgr. I itj�ls and Date: 05/27/2022 5-7-22 EXHIBIT A SCOPE OF WORK Contractor shall purchase and install ALL items included in Exhibit B, Payment Rates and Schedule, as described in the Contractor's RFP response dated March 4, 2022 attached hereto and incorporated herein as though set forth in full. Contractor will provide training, warranty, and subscription services for ALL items therein. The work to be performed is the purchase and installation of audiovisual equipment including, but not limited to speakers, amplifiers, control systems, monitors, and wiring throughout Old Town and within City facilities. The Contractor shall remove existing audiovisual equipment, install new equipment and cabling, program control systems, configure and program digital signal processing systems, test and recalibrate the installed systems, and perform maintenance and support of the updated systems. 10 05/27/2022 5-7-22 EXHIBIT B PAYMENT RATES AND SCHEDULE The Purchase Price which City agrees to pay to Contractor for the Equipment is Three Hundred Sixty -Eight Thousand, Nine Hundred Sixty -Four Dollars and Five Cents. ($368,964.05). The Purchase Price is final and inclusive of all charges. The City will pay Contractor a thirty percent (30%) deposit of One Hundred Ten Thousand, Six Hundred Eighty -Nine Dollars and Twenty - Two Cents ($110,689.22) upon contract execution. The balance of Two Hundred Fifty -Eight Thousand, Two Hundred Seventy -Four Dollars and Eighty -Three Cents ($258,274.83) will be paid upon the City's acceptance of the completed project. All project costs are detailed in the quote attached. 11 05/27/2022 rwestem kil".11 Client City ofTim—W& Project Name RFP #IT 21-04 Old T— Sound Representative Steve Hollingsworth System-Sp,aker Option B Contact JMe Fox Mobile B58,442.9623 Address 41000 Main Street O Nnce 760. 38 1200 City, State, Zip Temecula, CA 92590 Email St—H(Swavl.com Phone 95130BS300 Date 5/312022 Mobile Email layme.fox@temecula gov Audio Visual I nvestatgl Summa Aoem 1mAttrr C[} Eydlprrrenl Shlppin0 9111111L Tas 4N� L.&M M-1—nrce 804'd Cect Per Huoh- TOTAL 9a Pr.1—t total f SBS,064-05 . ALTERNATE 01irTION15{AN0r (ne311WRm peolkef Nola() EXTENDED WARRIW-fY;.NAPPTEKANCE RENEWAL SCli 001.E Year 2 PROJECT TOTAL: S36BA64.05 9 Tvr Monthly Progress Billing I Schedule of Values Client Authorized Signature TNN quote rs valid for 30 tlays The sales tax is subject to change —in the even! of a en increase the client agrees to pay the currant sales lax .Is Thrs proposel,s not to be ropied. reproduced or lonverd to any Ihvtl party as its contents ere the prvwr•*yaf Wr::re•.� Audio Visual Billing Inquiries Westem Audio Visual 1 1592 North Batavia Street, Suite 2, Orange, CA 92867 1 P 714 637 7272 43 calm City of Temecula = RFP #IT 21-04 Old Town Sound System -Speaker Option B Representative Steve Hollingsworth It■■■�rr Mobile 858 442 9623 {ldje ■,ssa1 Office 7604361200 CId Tvwn Sgulld stem Email SteveH@wavt coin Typical of 1 -Pmpvsal Includes 1 Revision 513112022 1 2 050 G¢RE f1{i( Unified Core with 2419cal evd� In7 channels 129r120 Will network 1/0 dhgril with 5 2474 OB 5 4,94000 BxB Software -based Dante license included USB AV bridging, dual LAN parts POTS and VoIP telephony, 16,16 GPIO 16 next -generation AEC processors 1RU 2 2 OSC SLMST-110-P O-SYS Core 110 license for Microsoft Teams Room software features enables both O- S 40500 S 510.00 SYS Scripting and UCI Deployment Perpetual 9 6 DEC CX-O 4K4 4-Channel 1000W/CH O-SYS Network Amplifier Lo-Z 70V, 100V direct drive, S 2306,00 S 13,133600 FlexAmpTv, Mic/line Inputs 100-240V. 4 244 One Systems 106 HTH 6 S' two-way, high performance speaker with corrosion resistant marine grade S 264.00 S 64,41600 hardware Superior direct weather protection 100 watts continuous 400 watts peak (109 dB/115 dB} B ohm or 70/100-volt operation - taps @ 50, 25 and 12 5 watts 110x70 HF coverage, IP56 rated. 316 stainless steel U-Bracket included (BLACK OR WHITE) 5 234 One Systems PT10,M 316 grade (marine) stainless steel pan/tilt bracket for use with 104.HTH, 106HTH S 53.00 S 12,40200 104 STH and 106 STH Available in Black or White All Network Switches, Fiberinferoonnecf and VLAN Configuration Provided by the OWNER FURNISHED City of Temecula T B QBc TSC-70-G3 n-SYS T ?PE Touch Saiii =4122. for t--Wall fAilLaT0 g. i 1,106,00 $ a_636 00 Color- Black only 1 DEC TSC-101-G3 O-SYS 10 1' PoE Touch Screen Controller for In -Wall Mounting. i 1 843.00 S. 1,B43 00 Color- Black only Apple IPad Pro Space Gray 128GB WFFi Only 1 09900 S 1 099.00 } r Panel—li Cusltlm mar ma flit Rj„c Moamcd Tad: 5300 S 3TUlD 2 = Pan-l-rafters Custom 1 RIU Input Panels for Auxialry Audio Connections S 43 30 S 301 00 Cable & Connectors S 2 528 00 Installation Hardware & Accessories S 1 26400 Equipment Rack Hardware ii,; +ig Bars, Blanks, Vents etc I S 63200 Engineering & Drafting S 6500.00 Control Programming S - Project Management S 1.467.00 Staging & Assembly S 734.00 Installation&Testing S 44,230.00 Training, Closing, & Commissioning 5 10 084.00 Travel S Sub -Contract S Integration G&A S Labor Sub -Total S 500 63,901.00 Extended Service Plan S: 5 2629900 Total Equipment S 111 086,00 Total Labor S 63 901.00 Equipment and Labor Subtotal S 174,9137.00 Total Shipping $ 2 30200 Additional Shipping for Overnight or Large Items 3 - Subtotal - 177289.00 Sales Tax B75% S 9921.45 Electronic Waste Fee 4" - 14" ($4. 00) OTY B .3 3290 Electronic Waste Fee 15' - 34" (S5 00) OTY 0 S Electronic Waste Fee 35' and Greater (SS 00) OTY 0 S _ Electronic Waste Fee Total 3 3200 Total Service Agreement S 2249R 0 Bond ( a rsquirsd y 93 �Ct,estern k...-UndieVismal 2 12 OSC CX-04K8 3 34 One Systems 106.HTH 4 34 One Systems PT10 M City of Temecula RFP #IT 21-04 Old Town Sound System -Speaker Option B tfChanne17onln Add ical of 1 - Proposal Includes 1 =--li.iii ��l 1..1:.,._-! =-= 5'clvnir• Amplifier Lo-Z 70V. 10r7V V,12 dOva FlexAmpTM Mic/line Inputs 100-240V &Channel 500W/CH O-SYS Network Ampler Lo-Z, 70V 100V direct drive, FlexAmp— With MicAine Inputs 100-240V. 6 5" two-way, high performance speaker With corrosion resistant, marine grade S hardware Superior direct weather protection 100 watts continuous 400 vratts peak (109 dB/115 dB) B ohm or 70/100-volt operation - taps @ 50. 25 and 12 5 watts, 110x70 HF coverage IP56 rated, 316 stainless steel U-Bracket included. (BLACK OR WHITE) 316 grade (marine) stainless steel pan/Iill bracket for use with 104 HTH, 106.HTH, 5 Representative Steve Hollingsworth Mobile 858 442 9623 Office 760 438 1200 Email SteveH@Wav1 corn Revision 5/31/2022 2,30600 S f-3 9f.J11', 3,18500 6 38,220.00 264 00 a B 976.00 5300 5 1,80200 24 Llbeliy Wire 1F'.4-1313-QLK Black Direct Bu nal Speikxr Cable 16 A'JVG 2 ondoGor -':able_ 100' Rcrl _ ' r1 3 n'In 00 Cable & Connectors $ Installation Hardware & Accessories $ equipment Rack Hardware r'Ja _ �g PIars BE-ks. Vents etc I $ - 495 00 - Engineering & Drafting 5 - Control Programming S - Project Management $ 1 467.00 Staging & Assembly $ - Installation & Testing $ 110 000 00 Training, Closing, & Commissioning S - Travel $ Sub -Contract S - G & A 5 445 oo Js Extended Seance Plan 3 - - Total Equipment $ 4218500 Total Labor 5 111 91200 Equipment and Labor Subtotal s 154 097 00 Total Shipping $ 131ROO Additional Shipping for Overnight or Large hems $ - Subtotal $ 155416.00 Sales Tax 875% 5 380460 Electronic Waste Fee 4" - 14" i$4 00) OTY 0 $ Electronic Waste Fee 15" - 34' ($5.00) OTY 0 S - Electromc Waste Fee 35" and Greater ($6.00) OTY 0 S - Electronic Waste Fee Total s - Total Service Agreement 5 Bond [If +ecluKed) S OLD TOWN SOUND SYSTEM MAINTENANCE WORK AGREEMENT BETWEEN CITY OF TEMECULA AND WESTERN A/V THIS AGREEMENT is made and entered into as of June 14, 2022, by and between the City of Temecula ("City"), and WESTERN A/V, a Corporation, ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. RECITALS. This Agreement is made for the following purposes and with respect to the following facts, which the parties agree to be true and correct. A. On June 14, 2022 the City and WESTERN A/V entered into that certain agreement entitled "PURCHASE AND INSTALLATION OF AUDIOVISUAL EQUIPMENT." ("Purchase and Installation Agreement") for the purchase and installation of Audiovisual Equipment. B. Under the terms of the Purchase and Installation Agreement, the installation of the Equipment is scheduled to be completed by July 31, 2023. City will accept the Equipment upon completion and testing of all items described in the Scope of Work within the Purchase and Installation Agreement ("System Acceptance Date"). 2. TERM. This Agreement shall become effective on the System Acceptance Date and shall remain and continue in effect until five (5) years thereafter unless sooner terminated or extended pursuant to the provisions of this Agreement. City shall have the option to extend the term of this Agreement for two (2) additional two (2) year terms at the City's sole and absolute discretion for a maximum total term of nine (9) years from System Acceptance Date by amendment of this Agreement. 3. SCOPE OF MAINTENANCE WORK. Contractor shall maintain the Audiovisual Equipment as described in the Scope of Maintenance Work, attached hereto and incorporated herein as Exhibit A. ("Maintenance Work") and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Maintenance Work. The Maintenance Work shall be completed within the times as set forth in the Scope of Maintenance Work. Contractor shall not commence the Maintenance Work until the System Acceptance Date. This Agreement is not exclusive and the City retains the right to hire other contractors to perform similar Maintenance Work. 4. COST OF MAINTENANCE WORK. Contractor shall be paid for the Maintenance Work pursuant to the Schedule of Payments attached hereto and incorporated herein as Exhibit B. The payment for Maintenance Work performed under this Agreement shall not exceed a maximum of One Hundred Thousand dollars ($100,000.00) for the total term of the agreement, payable in accordance with the Schedule of Payments. Any terms other than a description of the Maintenance Work to be performed, costs of the Maintenance Work, or the payment schedule contained in Exhibits A or B is null and void and not a part of this Agreement. 5. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform the Maintenance Work described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in -1- 11086-0001 \2.109806v l .doc meeting its obligations under this Agreement and best management practices for the Maintenance Work to be performed. 6. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished, and Maintenance Work performed and completed subject to the approval of the Director of Information Technology or his or her authorized representatives, and the quality of the Maintenance Work shall be guaranteed for one year from date of acceptance. 7. PREVAILING WAGES. A. 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 Maintenance Work in this locality for each craft, classification, or type of Maintenance Workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http11www.dir.ca.goV. Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, Maintenance Worker, or mechanic employed, paid less than the stipulated prevailing rates for any Maintenance Work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. This project, Maintenance 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. B. Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding and entering into this Agreement as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public Maintenance Work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR prior to City Council approval of this Agreement. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir-ca-gov/Public-Works/PublicWorks.html. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all Maintenance Work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the Maintenance Work performed up to the time of termination, provided that the Maintenance Work performed is of value to the City. Upon -2- 11086-0001\2109806vI doc termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 4. 9. DEFAULT OF CONTRACTOR. A. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any Maintenance Work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of Maintenance Work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. B. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, 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 Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Maintenance Work hereunder by the Contractor, its agents, representatives, or employees. A. Minimum Scone of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3) Maintenance Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. B. Minimum Limits of Insurance. Contractor shall maintain limits no less than. -3- 1 1086-0001 \2109806v 1 doc 1) General Liability: two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage. 3) Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed $25,000 unless otherwise approved in writing by the City Manager in his sole discretion. 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, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the 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, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, its officers, officials, employees or 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, its officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. -4- 11086-0001\2109806vl doc E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-:VII, unless otherwise acceptable to the City. F. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before Maintenance 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. G. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Maintenance Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Maintenance Work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Agreement. 13 INDEPENDENT CONTRACTOR. A. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. B. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor 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 Contractor 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 Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the Maintenance Work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this -5- 11086-0001 \2109806v I. doc Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 17. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 18. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 19. INSPECTION. The Maintenance 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 plans 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 Maintenance Work. The Maintenance 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 Maintenance Work. 20. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 21. WRITTEN NOTICE. 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: To City: City of Temecula 41000 Main Street Temecula, California 92590 Attention: City Manager To Contractor: Western A/V Steve M. Hollingsworth 1592 Batavia St. Suite 2, Orange, CA 92867 22. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. -6- 11086-0001\2109806v1.doc 23. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 24. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal court with jurisdiction over the City of Temecula. 25. PROHIBITED INTERESTS. No officer or employee of the City of Temecula who participates in the development or approval of this Agreement or who administers it shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his or her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's subcontractors for this Maintenance Work. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 26. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the maintenance 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. The parties agree that the terms of the terms of the Purchase and Installation Agreement are separate and independent of the terms of this Agreement even though the parties may be the same. Nothing in this Agreement is intended to nor shall anything herein be construed, as limiting in any way the warranties, representations or on -going obligations of the parties to the Purchase and Installation Agreement. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 27. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) modifications of time requirements; (d) non -monetary changes in scope of work; (e) modification of insurance requirements; or (f) agreement termination. -7- 11086-000 1 \2109806v I -doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Western Audio Visual (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By; ZW Matt Rahn, Mayor .i c ellin, CFO ATTEST: By: By: Randi Johl, City Clerk Catherine Schellin, President APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Western Audio Visual Steve M. Hollinasworth 1592 Batavia St, Suite 2, Orange, CA 92867 714 637-7272 (714)637-7330 steveh(&-wav1.com City Purchasing Mgr. In! Is ate: -8- I1086-0001\2109806vIdoc EXHIBIT A SCOPE OF MAINTENANCE WORK Attached Western Audio Visual Service Plus Quote -9- 11086-0001\2109806v1.doc SERVICE PLUS PLAN PROACTIVE PREVENTATIVE kMTENANCE "' +' I;? TO FOUR i,4',VIS,73?ER YEAR VISITS 9IRILBTELEPHONE RESPONSETIMES __ — , — RESPONSE ViTFIhFCJP -'l HC,JRS P;NIPfE 4RW OF SIA1i' 0iWEP TELEPHONE TECHNICAL SUPPORT OF WAk -- — — — — INCLUDED ARE?OWD OW&U'P ON -SITE TECHNICAL SUPPORT RESPONSES 1Y44NT9#ACFw} 24 BUSINESS HOOPS ON -SITE TECHNICAL SUPPORT RESPOWS mlp4v p-EIr co13FWINTFlA✓ME-1 51ZC CC F�_PTECh,HOUR. C-HC^JR MININ'll,M -- — — — — — S1J30 CCAFTER I CURSS MD ODSAT 3 SUPi COMPLETE EOUIPMENTREPAIR AND'OOR REPLACEMENT INCLUDED GROUND SHIPMENT -_ INr_.UJGEC RKDITED SHIPME14" MANUFACTURER ACTtLAL C«ST SOFTWARE URATESiUKRADESul± IONALUSER _ , , ! — INCLUDED SYSTEMTffitiING -- — — — _ — INGLL'Ca-D, aWL 5=5.&+;DNS PRIORRITYSERVICE STATUS MANUFACTURER REPAIR WE MANAIEMENT INCLUDED SYSTEW OPMA T DR. LABOR FOR PER TECF:!HOUR Str.Du PROF CTOR INCLUDED LAMPREPLACEMENT DIWaiNTED PURCHASE ON PROJECTOR LAMPS -- — — — — —' 15%Dwount -11- 1 1086-0001 \2109806v ].doe EXHIBIT B SCHEDULE OF PAYMENT WESTERN AUDIO VISUAL Service Plus Owner & Contract Holder: City of Temecula 41000 Main Street Temecula, CA 92590 Eq ulnment bxatia_n: Old Trnwn Temecula On -Site Contact: Billing Address: 41000 Main Sheet Torec& CA92590 Contract Term: 1"Year ExLrKjed'Rardnty $4,499 00 2'd Year Bdart *Wanly $4.499A 3d Yea Faded 11Vw my $4A99,80 0 Yay Ended W Wanly_ $4,499.80 `f' Year Btnded ftuity $4,499.80 -10- 11086-0001\2109806vI doc Item No. 15 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Deputy City Manager DATE: June 14, 2022 SUBJECT: Approve First Amendment to the Agreement with Blanca A. Yanes DBA De Gange Consulting for Landscape Plan Check and Inspection Services PREPARED BY: Brandon Rabidou, Senior Management Analyst RECOMMENDATION: That the City Council approve a first amendment to the agreement with Blanca A. Yanes DBA De Gange Consulting to perform landscape plan check and inspection services for Fiscal Year 2021-25, in the amount of $100,000, for a total agreement amount of $700,000. BACKGROUND: The Community Development's Planning Division utilizes the services of a landscape architectural firm to provide plan check and inspection services. The Planning Division requires the services of a licensed Landscape Architect for their expertise in utilization of appropriate plant types to be used in our climatic region, calculation of project site landscape water budget, and irrigation system design. The licensed Landscape Architect also performs professional inspections of irrigation line installation, pressure testing of the irrigation system, irrigation head coverage and plant installation. The fees are a pass -through, as they are paid by the applicant. The request to amend the fiscal year agreement is due to the increase in landscape plan reviews and inspection services during the last few months of the fiscal year. FISCAL IMPACT: There is no fiscal impact to the City. Landscape plan check fees are paid by the applicant. ATTACHMENTS: 1. Original Agreement 2. First Amendment AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND BLANCA A YANES DBA: ❑E GANGE CONSULTING LANDSCAPE PLAN CHECK AND INSPECTION SERVICES THIS AGREEMENT is made and effective as of August 24, 2021, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Blanca A Yanes DBA De Gange Consulting a Sole Proprietor (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on August 24, 2021 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2025, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A. attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00), annually for a total not to exceed Agreement amount of Six Hundred Thousand Dollars and Zero Cents ($600,000.00) unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consuitant for the performance of said services. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt iFisi i'i-IMS of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records. shall permit City to make transcripts there from as necessary. and shall allow inspection of all work, data, documents. proceedings and activities 12131/2020 related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, andlor the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 9. INSURANCE REQUIREMENTS a. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. b. Minimum Scone of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employee's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. C. Limits of Insurance. Consultant shall maintain limits no less than: 12/31/2020 1) General Liability: One Million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million ($1,000,000) accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and,'or the Successor Agency to the Temecula Redevelopment Agency that it has no employees and that it will obtain the required Workers Compensation Insurance upon the hiring of any employees. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate. d. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). e. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 12131l2020 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. f. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. g. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local. State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project WORD W01 or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mait as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Blanca A Yanes DBA ❑e Gange Consulting PO Box 1494 Temecula, CA 92593 14. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 1 41444►P-11*I At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in 12131 /2020 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 dwar s, Mayor ATTEST: ey: Rand! Johl, City Clerk APPROVED AS TO FORM: BLANCA A PANES ❑BA: DE GANGE CONSULTING By: Blanca A Y es, Owner By: el By: eter M. Thorson, City Attorney CONSULTANT Blanca A Yanes DBA De Gange Consulting P❑ Box 1494 Temecula CA 92593 (951 ) 837-3432 -blancayprice@gmaii.com City Purchasing M r. Initials and ❑ate: MSV 08-05-2021 12J3112020 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 parry, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 17J31 /2D26 �W.4:11:1kr,► Tasks to be Performed All tasks to be performed are per the proposal provided by the Consultant attached hereto and incorporated herein as though set forth in full. 12/31/2020 1*:1:I1. -d Payment Rates and Schedule Cost for services shall be as per Consultants proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $600, 000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 10 r D3112020 SCOPE OF WORK There are two stages of plan checks that are anticipated. The first series of plan checks will occur at the Development Review Committee (DRC) stage. The second series of plan checks will occur when the applicant submits construction drawings for the landscaping based on conceptual plan approval and conditions of approval Formulated by staff and the Planning Commission or City Council. Landscape irrigation and planting inspections will be performed an site once the landscape is completed to verify that the installation is per the approved plans - Development Review Committee Review - Plans submitted by the applicant at this stage are conceptual 1. The Consultant will pick up plans at the City two times per week (preferably on Monday and Thursday). Two sets of landscape plans along with one copy of the conceptual grading plan, architectural site plan and architectural elevations wi§ be made available to the Consultant to assure that landscaping is compatible with the architecture and appropriate for the proposed grading - The Consultant may be required to meet with the project planner to discuss the project or visit the site prior to beginning the review. This option will be left up to the individual planner. 2. The Consultant will review the plans to verify consistency with the City Development Code, Specific Plans, other Ordinances and the Citywide Design Guidelines. A site visit may be necessary to become familiar with the site and surrounding area. One set of plans will be redlined with comments notifying the applicant of necessary revisions to bring the plans into conformance with City requirements. Items not addressed in the City Development Code or applicable Ordinances but that are outside of professional rearms will also be marked for explanations from the applicant. Plans will be crosschecked against the architectural and grading plans. 3. The Consultant will return one set of redlined plans along with plan check comments to the project planner within 14 days of receipt of the first submittal and seven days for the second and third submittal, On Fast -track projects, Consultant will complete conceptual reviews within four calendar clays. Plan check comments will also be sent to the project planner via e-mail in a word document for use by the City. One set of plans will to kept on fife at the Consultant's affice so that if questions arise from either the project planner or the applicant, the Consultant with full knowledge of the project can provide answers. 4. Once the applicant has resubmitted revisions, the Consultant will pick up two sets of plans at the City and re -check them for conformance. Should all revisions have been made and all questions answered, the plans will be returned to the project planner with a letter recommending approval. If all revisions are not made, one set of plans will be redlined again and returned to the applicant for revisions. One set of plans will be kept on file at the Consuftant's office. Conceptual Landscape Plans that have been substantially changed from the original submittal will be subject to an additional fee. 5. Approved set of conceptual plans and conditions of approval will be provided to the ConsuLant and shall be kept on file at the Consuftant's office. Construction Documents Review The Consultant will pick up plans at the City two times per week (preferably on Monday and Thursday)_ Construction plan submittals will consist of two sets of landscape construction plans that the Consultant will review to verify consistency with the City Development Code, Specific Plans, other Ordinances, Citywide Design Guidelines, the approved conceptual landscape plan and conditions of approval. One set of landscape construction plans will be redlined with comments notifying the applicant of necessary revisions to be made to bring the plans into conformance with City requirements and the approved landscape plan. Items not addressed in the City Development Code or applicable Ordinances but that are outside of professional norms will also be marked for explanations from the applicant. Plans will be crosschecked against the final precise grading plans. 2. The Consultant will return one set of redlined plans along with plan check comments to the project planner. Plan check comments will also be sent to the project planner via e- mail in a word document. Comments/redlines shall be returned to the project planner within two weeks after notification of plan pick up. Comments shall also be broken down into two groups. The first group of comments addresses landscape issues related directly to the landscape architect. The second group of comments addresses landscape issues as they relate to site planning or grading issues. Comments shall be in both digital (by E-mail) and hard copy format. One set of plans will be kept on file at the Consultant's office so that if questions arise From either the project planner or the applicant, the Consultant with full knowledge of the project can provide answers. 3. Once the applicant has resubmitted revisions, the Consultant will pick up two sets of plans at the City and re -check them for conformance. Should all revisions have been made and all questions answered, the plans will be returned to the project planner with a letter recommending approval. If all revisions are not made, one set of plans will be redlined again and returned to the applicant a second time for revisions. Once set of plans will be kept on file at the Consultant's office. This process will continue until the plans are brought into conformance with City standards, professional norms, and approved landscape plans. Plan checks beyond the third check will be subject to an additional fee. 4. The Consultant will review the cost estimate provided by the applicant and notify the project planner whether the estimate is appropriate for bonding requirements. Landscape Inspection A minimum of two landscape inspections will be performed for each project prior to occupancy or use of the site. The first landscape inspection will include a pressure test of the main line and an irrigation coverage test. The second landscape inspection will be performed once the landscaping installation is complete to assure conformance with the approved plans. A third landscape inspection may be required prior to release of a 1-year maintenance bond. A written report will be provided to the project planner after each inspection indicating the status. If desired by the project planner, the Consultant will send a copy of the report to the applicant/contractor so that they will know which items need correction or completion. Each landscape inspection will be billed at the agreed upon rate. Inspections will be completed in no more than three (3) working days after notification. Landscape Architectural Resources The Consultant shall be available to act as a resource for City staff responding to general questions or questions regarding specific projects. Should staff require other tasks to be performed, the Consultant shall provide services based on a mutually agreed upon flat fee. Attendance at Meetings The Principal Landscape Architect shall be available to attend Development Review Committee, Planning Commission, City Council, Old Town Local Review Board, or additional projects meetings as requested by City of Temecula Planning Staff based on an agreed upon fee. 1. Conceptual Plan Review Project Acreage 0 - 5 acres >5 - 10 acres > 10 - 20 acres >20 - 50 acres >50 acres Fee $360 $Silo $780 $960 $960 plus $20 per acre over 50 acres Multiple reviews will be covered under she initial conceptual review Cost, unless substantial changes to the conceptual landscape plan have been made by the applicant that are not as a result of the corn rmnts from the Consultant. Additional conceptual reviews 1o► plans that have been substanbally altered will be billed at a new and separate flat fee of $ f 00.00 per sheet. Plan checks beyond the third check shall be billed at a flat rate of $100.00 per sheet 2. Construction Plan Review The folkyMng fees are based on reviewing a maximum of three submittals from the applicant. Should additional reviews be necessary, they will be charged at the rate of SS100.00 per sheet. Square Footaae of Landscaping 0 - 5,625 5,625 - 22,500 22,501 - 30,375 30376 - 37,125 37.126 - 45.,000 45.001 - 56,250 56.251 _ 67,500 57,501 - 73,750 78,751 - 90,000 90,000 $S up Flat Plan Check Fee $720 $1,340 $1,650 $1.940 $2,270 $2,590 $2,920 $3,240 $3,560 $3,560 + .0075 for each s.f. above 9O.001 s.f, Plan checks beyond the third check $100isheet 3. Specific Plan Review Fee $500 4. Inspection Fees Single Family Detached $200 per unit (Includes bond release inspection) (Models and Typicals) All Other Landscape Plans (bond release inspection not included) (i.e. Multi-Family/Slopes/HOA/Commercial, etc,) ■ First Inspection - Irrigation Inspection ■ Second Inspection - Landscape and Irrigation Coverage Inspection Square Footage of Landscaping Up to 5,000 5,001 to 10,000 10,001 to 20,000 20,001 to 30,000 30,001 to 40,000 40,001 to 50,000 Over 50,000 Inspection -Fee $1,250 $1,500 $1,750 $2,000 $2,250 $2,500 $2,500 + $250 for each additional 10,000 sf Additional inspection fees of $250 may occur if: 1. After the third inspection of the same area and type i.e. 3 irrigation inspections of the same area. 2. Phasing of projects into areas less than 10,000 square feet. 5. Bond Release Inspection $250 A landscape maintenance bond is required on projects to ensure continued maintenance of landscaping for a minimum of one year. At that time, an inspection is requested in order for the bond to be released. 6. Landscape Architectural Resource Attendance at Development Review Committee and Planning Commission meetings will be performed at the flat fee of $300.00lmeeting. Should staff require additional landscape review services to be performed, not included within this scope of work; services will be charged at an hourly rate of $110.00. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND BLANCA A YANES DBA: DE GANGE CONSULTING LANDSCAPE PLAN REVIEW AND INSPECTION SERVICES THIS FIRST AMENDMENT is made and entered into as of June 14, 2022 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Blanca A Yanes DBA De Gange Consulting, a Sole Proprietor, (hereinafter referred to as "Consultant"). 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 August 24, 2021, the City and Consultant entered into that certain Agreement entitled "Agreement for Landscape Plan Review and Inspection Services," in the amount of $600,000.00. b. The parties now desire to increase the payment in the amount of $100,000.00, and to amend the Agreement as set forth in this Amendment. 2. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000.00), for additional Landscape Plan Review and Inspection Services for a total Agreement amount of Seven Hundred Thousand Dollars and No Cents ($700,000.00). 3. 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 By: Matt Rahn, Mayor ATTEST: By: Randi Johl, City Cleric APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney BLANCA A YANES DBA DE GANGS CONSULTING (rwo Signatures of corporate oincers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) Blanca TYanes, Owner By: CONSULTANT Blanca A Yanes DBA De Gange Consulting PO Box 1494 Temecula, CA 92593 951-837-3432 blanca rice mali.com City Purchasing Mgr. Initials and Date: 2 08109/2021 Item No. 16 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: June 14, 2022 SUBJECT: Award Construction Contract to LC Paving & Sealing, Inc. for the Sidewalks — DLR Drive Project, PW19-18 PREPARED BY: Avlin R. Odviar, Senior Civil Engineer Shawna Bennetts, Associate Civil Engineer RECOMMENDATION: That the City Council: Award a construction contract to LC Paving & Sealing, Inc. in the amount of $183,037.47 for the Sidewalks — DLR Drive Project, PW19-18; and 2. Authorize the City Manager to approve construction contract change orders up to 10% of the contract amount, $18,303.75; and 3. Make a finding that the Sidewalks — DLR Drive Project, PW19-18, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: On March 22, 2022, City Council approved the plans and specifications, and authorized the Department of Public Works to solicit construction bids for the Sidewalks — DLR Drive Project, PW19-18. The Sidewalks — DLR Drive Project includes the construction of sidewalks on the north side of northerly leg and the west side of DLR Drive. The work also includes ADA-compliant driveways, landscaping removal and replacement, utility adjustments, and minor drainage facilities. The construction contract was publicly advertised for bids between April 15, 2022, and May 17, 2022. On Tuesday, May 17, 2022, eight bids were electronically opened and publicly posted on PlanetBids. The results are as follows: Contractor Bid Amount 1 LC Paving & Sealing, Inc. $183,037.47 2 Cotter Construction, Inc. $188,000.00 3 CT&T Concrete Paving Inc. $206,819.00 4 Gentry General Engineering, Inc. $267,399.00 Aster Construction Services, Inc. Non -Responsive CMB Structures, Inc. Non -Responsive MEP Construction Services Non -Responsive Ruiz Concrete and Paving, Inc Non -Responsive Bids received from four contractors were be found to be non -responsive. The City did not receive signed Bid Bonds from Aster Construction Services, CMB Structures, and MEP Construction Services. The City did not receive the Bidder's Agreement from Ruiz Concrete and Paving. Staff has reviewed and analyzed the bid proposals and found LC Paving & Sealing, Inc. of Escondido, California, to be the lowest responsive and responsible bidder for this project. LC Paving & Sealing Inc. has public contracting experience and has completed similar projects for other public agencies. The Engineer's Estimate for the construction contract was $180,000. The specifications allow for 30 working days, which is approximately 1.5 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) MSHCP Mitigation Fee Implementation Manual adopted by Resolution 2020-013 on December 7, 2020. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Since July 1, 2008, the RCA has required 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 5% of construction costs. However, this project is exempt from MSHCP fees since it is construction of sidewalk which is considered a safety project. FISCAL IMPACT: The Sidewalks — DLR Drive Project is identified in the City's Capital Improvements Program (CIP) Budget for Fiscal Year 2022-2026 and is funded with General Fund. Adequate funds are available in the project account for the contract amount of $183,037.47, plus the 10% contingency amount of $18,303.75 for construction contract change orders, for a total encumbrance of $201,341.22 for construction. ATTACHMENTS: 1. Contract 2. Project Description and Location CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT for SIDEWALKS - DLR DRIVE PROJECT NO. PW19-18 THIS CONTRACT, made and entered into the 14t' day of June, 2022 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", and LC Paving & Sealing, 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 SIDEWALKS - DLR DRIVE, PROJECT NO. PW19-18, 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 SIDEWALKS - DLR DRIVE, PROJECT NO. PW19-18. 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 SIDEWALKS - DLR DRIVE, PROJECT NO. PW19- 18. 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. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: SIDEWALKS - DLR DRIVE, PROJECT NO. PW19-18 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by City. 3. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of City or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE The City agrees to pay, and Contractor agrees to accept, in full payment for, the work agreed to be done, the sum of: ONE HUNDRED EIGHTY-THREE THOUSAND, THIRTY-SEVEN DOLLARS AND FORTY-SEVEN CENTS ($183,037.47), the total amount of the base bid. Contractor agrees to complete the work in a period not to exceed 30 working days, commencing with delivery of a Notice to Proceed by City. Construction shall not commence until bonds and insurance are approved by City. 5. CHANGE ORDERS All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS a. Lump Sum Bid Schedule: Before submittal of the first payment request, the Contractor shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the Contractor's payment requests. b. Unit Price Bid Schedule: Pursuant to Section 20104.50 of the Public Contract Code, within 30 days after submission of a payment request to the City, the Contractor shall be paid a sum equal to 95% of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the 30th day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made 60 days after acceptance of final payment and the Contractor filing a one-year 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 c-2 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. 7. LIQUIDATED DAMAGES / EXTENSION OF TIME a. Liquidated Damages: In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of $1,000 per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor. b. Extension of Time: Contractor will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of the Contractor, including delays caused by City. Within ten calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within 30 calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City. 8. WAIVER OF CLAIMS On or before making each request for payment under Paragraph 6 above, Contractor shall submit to City, in writing, all claims for compensation as to work related to the payment. Unless the Contractor has disputed the amount of the payment, the acceptance by Contractor of each payment shall constitute a release of all claims against the City related to the payment. 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 http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1720.9, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion 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. C-3 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 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. CA 17. INSPECTION The work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. 20. PROHIBITED INTEREST No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the Contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the Contractor covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS By signing this Contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended. 22. WRITTEN NOTICE Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the Contractor as set forth in the Contract Documents, and to the City addressed as follows: Mailing and Delivery Address: Patrick A. Thomas, PE Director of Public Works / City Engineer City of Temecula 41000 Main Street Temecula, CA 92590 C-5 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: Insurance Services Office Commercial General Liability Form No. CG 00 01 11 85 or 88. 2. Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3. Worker's' Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this 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: General Liability: Two Million Dollars $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: One Million Dollars $1,000,000 per accident for bodily injury and property damage. 3. Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars $1,000,000 per accident for bodily injury or disease. Deductibles and Self -Insured Retentions: Any deductibles or self-insurance retentions shall not exceed Twenty -Five Thousand Dollars $25,000. Other Insurance Provisions: The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: The City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, Gosch Ford Temecula, 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, Gosch Ford Temecula, 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, Gosch Ford Temecula, their officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula C-6 Community Services District, Successor Agency to the Temecula Redevelopment Agency, Gosch Ford Temecula, 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, Gosch Ford Temecula 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. 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 C-7 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 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must present a claim in accordance with the Government Claims Act as a prerequisite to prosecuting any claim against the City. The filing or prosecution of a claim in compliance with Section 9204 and/or Article 1.5 (if applicable) does not in any way obviate the need to timely present a claim under the Government Claims Act, or in any toll the expiration of any limitations period for the timely presentation of a claim under the Government Claims Act. c-s IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: May 25, 2022 CONTRACTOR: LC Paving & Sealing, Inc 620 Alpine Way Escondido, CA 92029 760-752-1743 Jose@LCPaving.com By: J e Saiinas Print or type NAME DATED. ATTEST: Randi Johl, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney Pres.. Sec., Tres., and Mqr. Print or type TITLE* Print or type NAME Print or type TITLE* (*Signatures of two corporate officers required for Corporations) CITY OF TEMECULA 0 Matt Rahn, Mayor C-9 California Secretary of State Electronic Certified Copy I, ALEX PADILLA, Secretary of State of the State of California, hereby certify that the attached transcript of 2 pages is a full, true and correct copy of the original record in the custody of the California Secretary of State's office. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California on this day of October 29, 2020 ALEX PADILLA Secretary of State Verification Number: KWW2AWK Entity (File) Number: C3286410 To verify the issuance of this Certificate, use the Verification Number above with the Secretary of State Electronic Verification Search available at bizfile. sos. ca. go v rCt""�.1.9f a California Secretary of State ? Electronic Filing Corporation - Statement of Information Secretary of State State of California Entity Name: L.C. PAVING & SEALING, INC. Y Entity (File) Number: C3286410 N File Date: 10/27/2020 Entity Type: Corporation Y Jurisdiction: CALIFORNIA a Document ID: GK49303 E a Detailed Filing Information C � 1. Entity Name: L.C. PAVING & SEALING, INC. _O .0 � C U `+= o 2. Business Addresses: a. Street Address of Principal ca Office in California: 620 ALPINE WAY c co ESCONDIDO, California 92029 v United States of America L N U� a� b. Mailing Address: 620 ALPINE WAY ESCONDIDO, California 92029 United States of America c. Street Address of Principal Executive Office: 620 ALPINE WAY ESCONDIDO, California 92029 United States of America o 3. Officers: M rn a. Chief Executive Officer: JOSE A. SALINAS Y C� 620 ALPINE WAY ESCONDIDO, California 92029 }, United States of America O N b. Secretary: JOSE A. SALINAS E 620 ALPINE WAY 0 U ESCONDIDO, California 92029 O 0 United States of America Use bizfile. sos. ca. gov for online filings, searches, business records, and resources. California Secretary of State Electronic Filing Officers (cont'd): c. Chief Financial Officer: 4. Director: Number of Vacancies on the Board of Directors: 5. Agent for Service of Process: 6. Type of Business: JOSE A. SALINAS 620 ALPINE WAY ESCONDIDO, California 92029 United States of America JOSE A. SALINAS 620 ALPINE WAY ESCONDIDO, California 92029 United States of America u JOSE A. SALINAS 620 ALPINE WAY ESCONDIDO, California 92029 United States of America CONSTRUCTION By signing this document, I certify that the information is true and correct and that I am authorized by California law to sign. Electronic Signature: Marisa Haas Use bizfile.sos.ca.gov for online filings, searches, business records, and resources. Y Q N Y o U a =3 42 Z� U O U � W � �o a U � O ai � a N aD U� 5W Adk C7"` The Heart of Southern California Wine Country SIDEWALKS - DLR DRIVE Infrastructure Project Project Description: This project will include the construction of sidewalks on the north side of northerly leg and the west side of DLR Drive. Benefit: This project will provide walking surfaces for pedestrians and will facilitate the construction of the Lexus dealership. Core Value: Transportation Mobility and Connectivity Project Status: This is estimated to be complete by Fiscal Year2021-22. Department: Public Works - Account No. 210.265.999.721 / PW19-18 Level: I City of Temecula Fiscal Years 2022-26 Capital Improvement Program Project Cost: Prior Years Actuals 2021-22 2020-21 Adopted 2022-23 2023-24 2024-25 2025-26 Adjusted Budget Projected Projected Projected Projected Total Project Cost Administration 42,910 31,090 22,789 96,789 Construction 284,130 284,130 Construction Engineering 18,081 18,081 Design & Environmental 39,106 12,554 51,660 MSHCP 14,206 14,206 Total Expenditures 1 82,0161 360,061 22,789 464,866 Source of Funds: General Fund 80,000 362,077 22,789 464,866 Total Funding 80,000 362,077 22,789 464,866 Future Operating & Maintenance Costs: Total Operating Costs 140 Item No. 17 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: June 14, 2022 SUBJECT: Approve Agreement with CCS Facility Services, for Janitorial Services for City Facilities for Fiscal Year 2022-2023 PREPARED BY: Stacey Biddle, Management Assistant Julie Tarrant, Principal Management Analyst RECOMMENDATION: That the City Council: 1. Approve an agreement with CCS Facility Services, in the amount of $322,434.13, to provide janitorial services for City facilities for Fiscal Year 2022-2023; and 2. Approve contingency for extra work in the amount of $32,243, which is approximately 10% of the agreement amount. BACKGROUND: On March 24, 2022, the Department of Public Works posted a Request for Proposals (RFP) No. 264 on the City's online bidding service, PlanetBids, for Janitorial Services for City Facilities. The Public Works Department received seventeen (17) electronic proposals. Selected panel members reviewed each proponent's submittals and collectively determined that CCS Facility Services is the most qualified and competitively priced vendor to provide janitorial maintenance services. Staff is recommending the approval of an agreement for janitorial maintenance services through FY 2022-2023. The agreement also includes a provision for a CPI adjustment each fiscal year, and upon mutual agreement between the City and Contractor, an allowance to extend the contract for four (4) additional one (1) year terms, and in no event shall the contract be extended beyond June 30, 2027. FISCAL IMPACT: Adequate funds will be made available in the Annual Operating Budget (AOB) for Fiscal Year 2022-2023 ATTACHMENTS: Minor Maintenance Agreement AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN CITY OF TEMECULA AND CCS SAN DIEGO JANITORIAL, INC. dba CCS FACILITY SERVICES JANITORIAL SERVCIES FOR CITY FACILITIES THIS AGREEMENT is made and effective as of June 12, 2022, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and CCS San Diego Janitorial, Inc. dba CCS Facility Services, a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: TERM This Agreement shall commence on July 1, 2022, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2023, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for four (4) additional (1) year term(s). In no event shall the contract be extended beyond June 30, 2027. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. 2. SCOPE OF WORK Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work"), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A. 3. PAYMENT a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Three Hundred Twenty -Two Thousand, Four Hundred Thirty -Four dollars and Thirteen cents ($322,434.13) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. 08/06/2021 G. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 4. PERFORMANCE Contractor shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Contractor shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of 08/06/2021 work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 10. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability Form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One Million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 08/06/2021 2) Automobile Liability: One Million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency 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 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, the Temecula Community Services District, and the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees 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, 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 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, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -: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. 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 08/06/2021 provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. g. By executing this Agreement, Contractor hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 11. TIME OF THE ESSENCE Time is of the essence in this Agreement. 12. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 14. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 08/06/2021 15. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the City Manager stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work 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. 16. 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 Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula 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 Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 17. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 21. WRITTEN NOTICE 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 08/06/2021 any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Contractor: CCS Facility Services Attn: Courtney Johnson PO Box 846117 Los Angeles, CA 90084-5117 22. ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 23. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 24. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 25. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 26. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. The City 08/06/2021 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. 27. CONTRACTOR SECURITY ACCESS a. Contractor's and all its employees or subcontractors or other persons who perform work or services at a City facility unescorted by City employees, shall be required to complete a security background check. The Temecula Police Department will conduct "Live Scan" fingerprint checks on a Contractor and all their employees, subcontractors, or other persons that will access City facilities. b. "Live Scan" is a system that completes a criminal history inquiry by checking Local, State, and National databases. The Contractor shall be responsible for scheduling their employees to complete the "Live Scan" process with the Temecula Police Department and paying the cost of each "Live Scan" at the current rate. The Temecula Police Department will be provided with what is known as a "background check" which includes a list of any arrests and convictions for those individuals which a "Live Scan" has been conducted. From that date forward the Temecula Police Department will be notified of any subsequent arrest and conviction. To make it a police will forward this confidential information to authorize City management. C. Any individual with a felony conviction or a felony or misdemeanor arrest that is pending in a criminal court (i.e., has not been adjudicated) shall not be granted access to City facilities. A conviction within the meaning of the section means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Other arrest history shall be evaluated on a case by case basis to determine the level of risk to the City. Security privileges associated with the access to the City facilities is dependent upon which area(s) of the building(s) Contractor requires access relative to the type of work or service being performed and the nature of the acts giving rise to the conviction. The City manager, or his designee, have full discretion in determining security access to City facilities. d. Contractor shall complete this procedure within 30 days of the date of execution of this Agreement, or prior to any employee or subcontractor of Contractor performing work or services at a City facility, whichever occurs first. City Manager or his or her designee shall designate the employees, subcontractors or other persons working the sensitive areas of the City facilities and shall prioritize their Live Scan process. e. Once an employee or subcontractor of the Contractor is approved, a City Access Key Card will be issued by Information Technology and this card will allow unescorted access. Contractor will be contacted by the appropriate department of when to pick up the City Access Key Cards. Access to City facilities will be coordinated by the appropriate City Department. Contractor shall comply with the following standards: 1) Contractor shall assign a primary employee(s), such as a supervisor, to ensure completion of job tasks and accountability of employees at City facilities whenever possible. 08/06/2021 2) Contractor and their employees and subcontractors shall wear business identifying uniform and the assigned City Access Key Card whenever on City premises. 3) City issued Access Key Card(s) shall not be used as a form of identification by Contractor or its employees and subcontractors for any purpose other than access into City facilities. 4) Contractor shall monitor the City Access Key Card(s) issued to their employee(s) and subcontractors and only allow only those employees and subcontractors that have been Live Scanned and approved by the City to have security access to wear a City Access Key Card. 5) Contractor shall notify the Director of Public Works within four (4) hours after its employee or subcontractor has severed employment. Contractor shall use its best efforts to retrieve the City Access Key Card from that employee's or subcontractor's possession as soon as possible following separation and return it to the City within one business day of retrieval. 6) No new employees or subcontractors of Contractor shall perform work at any City facility until a "Live Scan" and background check has been completed by the Temecula Police Department and approval to proceed has been provided by authorize City management. 7) Contractor and its employees and subcontractors shall follow the directions provided by City staff while on City premises. 8) Employees and subcontractors of Contractor shall be instructed to access only the areas necessary for the service provided, and to leave City premises immediately upon completion of duties. 9) City issued Access Key Card(s) are the property of the City of Temecula and must be immediately surrendered upon request by City of Temecula staff. 10) Contractor shall reassign any employee or subcontractor that becomes involved in any criminal activity and retrieve the City Access Key Card upon notification of criminal activity by the City of Temecula or any law -enforcement or government agency. 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: Matt Rahn, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: CCS FACILITY SERVICES (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: a��—o a e. Dana Holladay, Senior Vide resident By: Cameron Hall, Vice President & Legal By: Peter M. Thorson, City Attorney CONTRACTOR CCS Facility Services Attn: Courtney Johnson PO Box 845117 Los Angeles, CA 90084-5117 Ph: 619-226-9443 ciohnson6D,ccsbts.corn City Purchasing Mgr. Initials and Date: 6/1/2022 10 08/06/2021 EXHIBIT "A" SCOPE OF WORK Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City of Temecula and the Contractor, for janitorial maintenance service at the various locations upon real and personal property of the City. Work will include maintenance services, and emergency call -out. The procedure for assigning work is set forth as follows: 1. The City Manager or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise the City Manager whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the City Manager may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the City Manager, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. if 08/06/2021 EXHIBIT "B" FEE SCHEDULE PROPONENT NAME: CCS_Eacility Services PRICE PER TOTAL TOTAL DAYS OF FACILITY LOCATION ADDRESS SQ PRICE PRICE SERVICE FT.*MONTH PER SQ. PER PER S 96,795 $0.078 MONTH $7,525.64 YEAR $90,307.70 Civic Center 41000 Main St. 5 Days per Week Community Recreation 30875 Rancho 24,680 $0.132 $3,252.13 $39,025.55 7 Days per Center Vista Rd. 43230 Business 11,400 Week 5 Days per Facility Operations $0.132 $1,508.05 $18,096.60 Center Park Dr. $704.51 Week Harveston Community 28582 Harveston 1 $0.525 $8,454.17 7 Days per Room / Office Rd. ,342 Week HELP Center 28922 Pujol 1,800 $0.532 $957.75 $11,493.00 5 Days per Street Week Jefferson Recreation 41375 McCabe 1,988 $0.253 $503.22 $6,038.69 5 Days per Center St. Week Margarita Recreation 29119 Margarita 8,069 $0.118 $956.13 $11,473.52 5 Days per Center (YMCA) Rd. Week Mary Phillips Senior 41845 Sixth St. 6,148 $0.132 $810.19 $9,722.30 7 Days per Center Week Old Town Temecula 42051 Main St. 26,67 $$0.136 $3,638.48 $43,661.71 7 Days per Community Theater Week N/A $616.04 Parking Garage / Police 41000 Main St. 2,200 $7,392.53 5 Days per Office $0.175 Week Temecula Community 28816 Pujol St. 5,900 I $1,031.77 $12 381.27 7 Days per Center Week N/A $2,999.87 $35,998.41 7 Days per Temecula Public Library 30620 Pauba Rd. 34,003 Week Temecula Valley 43200 Business 3 Days per Entrepreneur's Park Dr. 14,500 $0.071 $1,026.58 $12,318.94 Week Exchange $1,339.15 $16,069.74 7 Days per Temecula Valley 28314 Mercedes 7,200 $0.186 Museum St. Week *The price per square foot (Sq. Ft.) will be used as a basis for establishing a price for janitorial services of any new facility of similar use that may be added to the Agreement during its term. 29 FEE SCHEDULE (continued) ADDITIONAL SERVICE ITEMS: DESCRIPTION SCOPE OF WORK HOURLY RATE Per Man Per Man per Man Holiday Regular Hour Overtime Additional general Gleaning office areas, Janitorial Services for kitchens, offices, recreation Special Events buildings, restrooms, $35.00 S-�0.00 550,00 requested by City hallways, multipurpose Representative rooms, etc. SCOPE OF WORK PRICE PER SQ.FT. Extract Carpets with truck mounted carpet extractor $0.10 30 Item No. 18 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: June 14, 2022 SUBJECT: Approve Agreement with Diversified Waterscapes, Inc. for Lake and Pond Maintenance Services for Fiscal Year 2022-2023 PREPARED BY: Stacey Biddle, Management Assistant Julie Tarrant, Principal Management Analyst RECOMMENDATION: That the City Council approve an agreement with Diversified Waterscapes, Inc., in the amount of $150,000, to provide lake and pond maintenance services for Fiscal Year 2022-2023. BACKGROUND: On April 27, 2022, the Department of Public Works posted a Request for Proposals (RFP) No. 262 on the City's online bidding service, PlanetBids, for Lake and Pond Maintenance Services. Diversified Waterscapes, Inc. was the sole bidder. Diversified Waterscapes, Inc., has an extensive knowledge in the management of lakes and ponds and has satisfactorily provided these services to the City for a number of years. As a result, staff is recommending the approval of an agreement with Diversified Waterscapes, Inc. for Lake and Pond Maintenance Services through FY 2022-2023. The agreement also includes a provision for a CPI adjustment each fiscal year, and upon mutual agreement between the City and Contractor, an allowance to extend the contract for four (4) additional one (1) year terms, and in no event shall the contract be extended beyond June 30, 2027. FISCAL IMPACT: Adequate funds will be made available in the Annual Operating Budget (AOB) for Fiscal Year 2022-2023 ATTACHMENTS: Minor Maintenance Agreement AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN CITY OF TEMECULA AND DIVERSIFIED WATERSCAPES, INC. LAKE AND POND MAINTENANCE THIS AGREEMENT is made and effective as of June 14, 2022, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Diversified Waterscapes, Inc., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2022, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2023, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for four (4) additional one (1) year term(s). In no event shall the contract be extended beyond June 30, 2027. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. 2. SCOPE OF WORK Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work"), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A. 3. PAYMENT a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Hundred Fifty Thousand Dollars ($150,000.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. C. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt 08/06/2021 of each invoice as to all non -disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 4. PERFORMANCE Contractor shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Contractor shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. 7. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general, prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gay. Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker,1 or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 8. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the 08/06/2021 Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http:/Iwww.dir.ca.gov/Public-Works/PublicWorks.html 9. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 10. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 11. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent 08/06/2021 or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 12. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability Form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One Million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency 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 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, the Temecula Community Services District, and the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees 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, the Temecula Community 08/06/2021 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 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, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VI l or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City 's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. g. By executing this Agreement, Contractor hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 13. TIME OF THE ESSENCE Time is of the essence in this Agreement. 14. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of 08/06/2021 Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of Its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 16. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 17. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the City Manager stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work 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. 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 Contractor, or Contractor's sub --contractors for this project, during his/her tenure or for one year thereafter_ The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula 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 Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 08/06/2021 19. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 20. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 21. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 22. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 23. WRITTEN NOTICE Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Contractor: Diversified Waterscapes, Inc. Contact Person: Carlos Valle 27324 Camino Capistrano# 213 Laguna Niguel, CA 92677 24. ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 08/06/2021 25. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 26. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 27. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 28. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 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 DIVERSIFIED WATERSCAPES, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Matt Rahn, Mayor Patrick Simmsgeiger, President ATTEST: By: By: Randi Johl, City Clerk Mafia Simmsgeiggr, Chief Financial Offii APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Diversified Waterscapes, Inc. Contact Person: Carlos Valle 27324 Camino Capistrano #213 Laguna Niguel, CA 92677 Phone Number: (949) 582-5414 contactus@dwiwater.com City Purchasing Mgr. Initials and Date: 6/1/2022 08/06/2021 EXHIBIT "A" SCOPE OF WORK Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City of Temecula and the Contractor, for the maintenance of lakes and ponds at the various locations upon real and personal property of the City. Work will include maintenance services, and emergency call -out. The procedure for assigning work is set forth as follows: 1. The City Manager or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise the City Manager whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the City Manager may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the City Manager, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 1. The work to be done consists of furnishing all materials, equipment, tools, labor and incidentals as required by the Agreement Documents for the above -stated services. 2. Preventative maintenance duties described in this Scope of Work are to be performed on the lake and pond at the following locations: ❖ Harveston Lake, 29005 Lake House Road, 8.4 acres, approximately 22,866,000 gallons' water supply, recycled water. ❖ Temecula Duck Pond, 28250 Rancho California Road, 2.5 acres approximately 4,100,000 gallons' water supply, potable water and off site runoff. 3. Lake and Pond should be serviced two (2) or three (3) times per week. Each service visit by the Contractor will include the following: • Inspect the entire waterscape system; • Clean pump intake screens and skimmer baskets; • Remove all trash and debris within 20 feet of the Lake/Pond edge (includes floating debris and bottom debris); 10 08/06/2021 • Inspect all Lake/Pond circulation equipment and aeration equipment for proper operation (notify City immediately if not operating properly); • Provide routine maintenance of Lake/Pond mechanical equipment (circulation pumps, aeration pumps and diffusers); Monitor Lake/Pond water condition and provide required water treatments (both chemical and manual). 4. Contractor shall supply and apply all required labor, materials/chemicals to maintain and promote a healthy and aesthetically acceptable Lake/Pond condition at all times (provide labels an MSDS for all materials to be used). 5. Contractor shall provide aquatic vegetation control measures to maintain an aesthetically acceptable condition at all times. 6. Contractor shall notify the City representative immediately of any abnormal water condition. 7. Contractor shall provide insect control measures to manage the aquatic borne insect population at an acceptable level at all times. 8. Contractor shall provide a monthly report of the services performed and chemicals applied and a general observation of the Lake/Pond water condition. 9. Contractor shall provide a weekly schedule showing proposed service days and approximate time of arrival for each service. Schedule shall be delivered via e-mail to the City Maintenance Superintendent. 10. It is the responsibility of the Contractor to notify the City when any equipment is faulty or in need repair, or if the Lake/Pond water chemistry is in a condition deemed hazardous and/or unsightly. The City has the option, to use City staff, the contractor or another contractor to perform repairs. 11. Additional work maybe requested by the City, at the rate shown in the Fee Schedule. 12. Contractor shall meet a minimum of one time per month with designated City representative, to review performance and Lake/Pond condition. m 08/06/2021 EXHIBIT "B" PAYMENT RATES AND SCHEDULE Fee Schedule (upload to Planet Bids under `Cost File') Description Price Per Month HARVESTON LAKE PARK For Service on Monday, Wednesday $5,238.00 and Friday (three times per week) TEMECULA DUCK POND Price Per Year $62,856.00 For Service on Monday, Wednesday $2,192.00 $26,304.00 and Friday (three times per week) For Emergency Repairs or Extra Work Authorized by the City of Temecula: Materials, Parts, & Equipment Mark-up Sediment Removal Service Total Cost of Mobilization and Demobilization for Sediment Removal Equipment and Labor Daily Rate when using Sediment Removal Equipment (cost per day, minimum of 5 days) Hourly Rate per Regular Man Hour (8:00 a.m, to 5:00 p.m„ Monday -Friday) Hourly Rate per Overtime Man Hour (after hours, weekends, Holiday, etc.) 15% $6,000.00 Total $5,500.00 $85.00 $135.00 Dated: 05/18/2022 By �• •� Signature of Authorized Representative PATRICK SIMMSGEIGER Print Name and Title IN 08/06/2021 Item No. 19 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: June 14, 2022 SUBJECT: Approve Second Amendment to the Agreement for Consultant Services with EXP U.S. Services Inc. for the Santa Gertrudis Creek Trail Phase II — Margarita Under - Crossing, PW19-04 PREPARED BY: Avlin R. Odviar, Senior Civil Engineer William Becerra, Associate Engineer II RECOMMENDATION: That the City Council: 1. Approve the second amendment to the agreement for consultant services with EXP U.S. Services Inc. for the Santa Gertrudis Creek Trail Phase II — Margarita Under - crossing, PW 19-04, increasing the contingency amount by $40,000.00; and 2. Increase the City Manager's authority to approve extra work authorizations by $40,000.00. BACKGROUND: On June 10, 2020, the City Manager, under the authorities delegated by the City Council of the City of Temecula in Resolution 2020-35, awarded the consultant contract to EXP U.S. Services, Inc. for the preparation of construction plans, specifications, and estimate (PS&E) and environmental documents for the Santa Gertrudis Creek Trail Phase II — Margarita Under -Crossing, PW19-04. The agreement, as amended, is in the amount of $420,775.33 plus $107,527.53 of contingency. Since that time, two extra work authorization have been approved for services relating to environmental regulatory permitting and relocation of existing water utilities. The project is also expecting to incur permitting costs from California Department of Fish and Wildlife, California Regional Water Control Board, and Riverside County Flood Control District. At this time, it is appropriate to increase contingency funds to cover permitting costs. This Second Amendment adds $40,000.00 in contingency and allows for other additional services through extra work authorization(s). Approval of the Second Amendment results in an agreement amount of $420,775.33 and a contingency amount of $147,527.53, for a total encumbrance of $568,302.86. FISCAL IMPACT: The Santa Gertrudis Creek Trail Phase II — Margarita Under - Crossing, project is identified in the City's Capital Improvement Program (CIP) Budget for Fiscal Year 2022-2026. It is funded with Measure S and Senate Bill 1. Adequate funds are available in the project accounts to cover the Second Amendment amount of $40,000.00. ATTACHMENTS: 1. Second Amendment 2. Project Description 3. Project Location #2020-092 SECOND AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND EXP U.S. Services Inc. SANTA GERTRUDIS CREEK TRAIL PHASE II — MARGARITA UNDER -CROSSING PROJECT NO. PW19-04 THIS SECOND AMENDMENT is made and entered into as of June 14, 2022 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and EXP U.S. Services Inc., a Corporation, (hereinafter referred to as "Consultant"). 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 June 10, 2020, the City and Consultant entered into that certain Agreement entitled "Agreement for Consultant Services Between City of Temecula and EXP U.S. Services Inc., Santa Gertrudis Creek Trail Phase II — Margarita Under -Crossing PW19-04," in the amount of $420,775.33 plus 10% contingency in the amount of $42,077.53. b. On July 13, 2021, the City and Consultant entered into the First Amendment to the Agreement to increase the contingency in the amount of $65,450.00. C. The parties now desire to increase the contingency in the amount of $40,000.00, and to amend the Agreement as set forth in this Amendment. 2. Section 6 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The SECOND Amendment amount shall not exceed Forty Thousand Dollars ($40,000.00) of additional Contingency for a total Agreement amount of Five Hundred Sixty -Eight Thousand Three Hundred Two Dollars and Eighty -Six Cents ($568,302.86). 2. Section 6 of the Agreement entitled "PAYMENT" at paragraph "b" is hereby amended to read as follows: Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to One Hundred Forty - Seven Thousand Five Hundred Twenty -Seven Dollars and Fifty -Three #2020-092 Cents ($147,527.53) as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 #2020-092 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: Rand! Johl, City Clerk APPROVED AS TO FORM: By: EXP U.S. Services Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: 4 1 Zw;:13 Gabriel Rod gue , JA President By: Khalil Saba, Vice President Peter M. Thorson, City Attorney CONSULTANT EXP U.S. Services Inc. Gabriel Rodriguez, Project Manager 473 E. Carnegie Drive, Suite 200 San Bernardino, CA 92404 (909) 228-2821 Gabriel. Rod rig uez@exp.com City Purchasing Mgr. Initials and Date: 61112022 f `l Ak Q The Heart or Scu[hern a, Iurni6 Wine Country City of Temecula Fiscal Years 2022-26 Capital Improvement Program SANTA GERTRUDIS CREEK PHASE II - MARGARITA UNDER -CROSSING Infrastructure Project Project Description: This project includes the design, environmental, and construction of the under -crossing 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 the Santa Gertrudis Creek at this location. Benefit: The project provides a safe pedestrian and bicycle trail connection for the community. Core Value: Transportation Mobility and Connectivity Project Status: Project is anticipated to be completed in Fiscal Year 2021-22. Department: Public Works - Account No. 210.265.999.732 / PW19-04 Level: I Project Cost: Prior Years Actuals 2021-22 2020-21 Proposed 2022-23 2023-24 2024-25 2025-26 Adjusted Budget Projected Projected Projected Projected Total Project Cost Administration 17,556 142,445 144,000 304,000 Construction 1,631,179 1,631,179 Construction Engineering 200,000 200,000 Design & Environmental 633,964 633,964 Land Acquisition 21,500 21,500 MSHCP 81,559 81,559 Total Expenditures 17,556 797,909 2,056,738 2,872,202 Source of Funds: Measure S Senate Bill 1 50,000 765,464 554,738 1,502,000 1,370,202 1,502,000 Total Funding 50,000 765,464 2,056,738 - 2,872,202 Future Operating & Maintenance Costs: Total Operating Costs Notes : 1. California Transportation Commission (CTC) adopted the 2019 Active Transportation Program Augmentation on January 30 - 31, 2019. 138 Santa Gertrudis Creek Phase II - Margarita Undercrossing 1989 Infrastructure/ Other Project Location 0 200 400 Feet The map SantaGertrudisCreekPhasel I.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update I Al 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 2018 Aerial Data 148 Item No. 20 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: June 14, 2022 SUBJECT: Approve Plans and Specifications and Authorize Solicitation of Construction Bids for the Mary Phillips Senior Center Enhancement and Renovation, PW20-13 PREPARED BY: Avlin R. Odviar, Senior Civil Engineer William Becerra, Associate Engineer II RECOMMENDATION: That the City Council: 1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Mary Phillips Senior Center Enhancement and Renovation, PW20-13; and 2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. BACKGROUND: The Mary Phillips Senior Center Enhancement and Renovation is an infrastructure project that will update and enhance the appearance, improve safety, and extend the life of the facility. The Project exterior scope includes removal, disposal, and installation of roof, siding, soffit, fascia, trim, doors, and windows. Interior scope includes replacement lighting, acoustics, trim, bookcase, and finishes. Accessibility improvements will be brought up to current standards throughout the building interior and site. The plans and specifications are complete, and the project is ready to be advertised for construction bids. The contract documents are available for review in the Director of Public Works' office. The Engineer's Construction Cost Estimate is $702,000 and construction duration is estimated to be 100 working days (approximately 5 months). This project is exempt from the CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Section 15301 states that interior/exterior alterations, restoration/rehabilitation of deteriorated/damaged facilities, and minor additions to existing structures are Class 1 activities which are exempt from CEQA. FISCAL IMPACT: The Mary Phillips Senior Center Enhancement and Renovation is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2022-2026 and is funded with Measure S, Community Development Block Grant (CDBG), and Facilities Replacement Fund. Adequate funds are available in the project accounts to construct this project. ATTACHMENTS: 1. Project Description 2. Project Location f Adk The Heart of Southern California Wine Country City of Temecula Fiscal Years 2022-26 Capital Improvement Program MARY PHILLIPS SENIOR CENTER ENHANCEMENT AND RENOVATION Infrastructure Project Project Description: This project includes the enhancement and renovation of the Mary Phillips Senior Center. Exterior improvements include new roof, siding, soffit, fascia, trim, doors and windows. Interior improvements include lighting, acoustics, trim, flooring, bookcase, and finishes. The project includes improvements in accessibility throughout the building interior and site in accordance with latest ADA requirements. . Benefit: This project updates and enhances the appearance and improves safety and extends the life of the facility. Core Value: Healthy and Livable City Project Status: This project is in design. Construction is to commence in Fiscal Year 2021-22. Department: Public Works - Account No. 210.265.999.782 / PW20-13 Level: I Project Cost: Prior Years Actuals 2021-22 2020-21 Adopted 2022-23 2023-24 2024-25 2025-26 Adjusted Budget Projected Projected Projected Projected Total Project Cost Administration 20,000 68,000 88,000 Construction 318,000 511,000 829,000 Construction Engineering 21,000 20,000 41,000 Design & Environmental 71,000 4,600 75,600 Total Expenditures 430,000 603,600 1,033,600 Source of Funds: CDBG 400,000 323,906 723,906 Facilities Replacement Fund 279,694 279,694 Measure 5 30,000 30,000 Total Funding - 430,000 603,600 - 1,033,600 Future Operating & Maintenance Costs: Total Operating Costs 128 711E CITY OF ZtEEC1 k�l I —ri� , • ,w IN .8 0 68.39 136.8 Feet map is a user generated static output from an Internet mapping site and is for reference only. Data layers that WGS 1984 Web Mercator_Auxiliary_Spl gar on this man may or may not he acrurste. current. or otherwise reliahle. — — — 3 MAP IS NOT TO BE USED FOR NAVIGATION © Latitude Geographics Group Legend ❑ Parcels i..; City of Temecula Boundary Streets ,all other values> COLLECTOR LIMITED SECONDARY ARTERIAL LOCAL MAJOR ARTERIAL MODIFIED SECONDARY ARTERI, PRINCIPAL ARTERIAL PRIVATE RURAL HIGHWAY SECONDARY ARTERIAL URBAN ARTERIAL Creeks ❑ Cities 1:821 Item No. 21 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: June 14, 2022 SUBJECT: Approve Resolution Rescinding Resolution No. 2021-47 and Authorizing Quitclaim Deed in Connection with Assessor's Parcel Numbers 957-130-003 and 957-130-013 in Connection with Drainage, Flood Control, and Flood Channel Improvements Along the Santa Gertrudis Creek PREPARED BY: Ron Moreno, Principal Civil Engineer Anissa Sharp, Office Specialist II Samantha Marconi, City Attorney's Office RECOMMENDATION: That the City Council take the following actions: 1. Adopt a resolution entitled: RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RESCINDING RESOLUTION NO. 2021-47, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF FOR DRAINAGE, FLOOD CONTROL, AND FLOOD CHANNEL IMPROVEMENT PURPOSES, AND ALL USES NECESSARY OR CONVENIENT THERETO ALONG THE SANTA GERTRUDIS CREEK (325 SQUARE FOOT PERMANENT EASEMENT ON APNS 957-130-003 AND 957-130-013) AND AUTHORIZING THE QUITCLAIM OF THE CITY'S INTEREST IN SAID EASEMENT TO THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 2. Authorize the City Manager to execute the Quitclaim Deed. I BACKGROUND: The City of Temecula ("City") is a participant of the Santa Gertrudis Creek Channel Improvements Project ("Project") pursuant to the Development Agreement between the City of Temecula and Ashby USA, LLC (also known as the Pre -annexation and Development Agreement) executed pursuant to Ordinance No. 02-14. Developer Woodside 05S, LP, a California Limited Partnership and Wingsweep Corporation, a California corporation are the successors to certain of these approved applications for development and propose to construct the Sommers Bend Project. To facilitate the orderly development of the Sommers Bend Project, the Third Amendment to the Development Agreement was approved subject to certain conditions set forth on its Exhibit D. Specifically, Condition 4.A. to Exhibit D requires the Developer to construct certain offsite public improvements in connection with the Santa Gertrudis Creek Channel. These drainage, flood control, and flood channel improvements along the Santa Gertrudis Creek referred to as the "Project" include the improvements to Santa Gertrudis Creek upstream and downstream of the existing culverts at Butterfield Stage Road from the plans approved by the Riverside County Flood Control and Water Conservation District ("District"). It was necessary for the City to acquire an approximate 325 square foot permanent easement ("Subject Easement") over portions of the real property located south of Nicolas Road and west of Butterfield Stage Road in the City of Temecula and further identified as Riverside County Tax Assessor's Parcel Numbers 957-130-003 and 957-130-013 ("Property") for public use, namely drainage, flood control, and flood channel improvements along the Santa Gertrudis Creek in connection with the Project. Ashby USA, LLC had previously obtained for the benefit of the District irrevocable offers of dedication for the real property interests required for the Project, except for the small Subject Easement. The District will be responsible for maintenance of the drainage, flood control and flood channel improvements. After its acquisition of the Subject Easement, the City proposed to transfer its rights to the 325 square foot Subject Easement to the District for maintenance. Pursuant to Government Code Section 7267.2, the City Council of the City of Temecula ("City Council") set just compensation for the Subject Easement at the fair market value as determined by the City's independent appraiser based on an August 18, 2020 date of value. On November 5, 2020, the City extended a written offer pursuant to Government Code Section 7267.2 to the owner of record, 3270 West Lincoln LLC ("Property Owner"), via certified mail and regular first-class mail, to purchase the Subject Easement at the fair market value established by the City's independent appraiser. The parties negotiated in good faith the City's purchase of the Subject Easement but had not reached a negotiated agreement for the purchase of the Subject Easement as of August 24, 2021. On August 24, 2021, the City Council of the City of Temecula held a hearing in accordance with the Eminent Domain Law (Code of Civil Procedure Section 1230.010 et seq.) and adopted Resolution No. 2021-47, A Resolution of the City Council of the City of Temecula Declaring Certain Real Property Interests Necessary For Public Purposes and Authorizing the Acquisition Thereof for Drainage, Flood Control, and Flood Channel Improvement Purposes, and All Uses Necessary or Convenient Thereto Along the Santa Gertrudis Creek (325 Square Foot Permanent Easement on APNs 957-130-003 And 957-130-013). PJ Pursuant to Resolution No. 2021-47, the City of Temecula City Council authorized the City Attorney's Office to file and prosecute an eminent domain proceeding for the acquisition of the Subject Easement. The City filed its Complaint in Eminent Domain against the Property Owner on October 12, 2021 in Riverside County Superior Court, Case No. CVSW2108934 ("Eminent Domain Proceeding"). After the commencement of the Eminent Domain Proceeding, the parties resumed their negotiations and reached an agreement on the terms of the City's purchase of the Subject Easement. On January 18, 2022, the City Council of the City of Temecula adopted Resolution No. 2022-03 approving a Purchase and Sale Agreement, Settlement Agreement, General Release, and Joint Escrow Instructions between the City and the Property Owner for the acquisition of the Subject Easement ("Agreement"). Escrow for the City's acquisition of the Subject Easement closed on May 6, 2022. The City acquired title to the Subject Easement pursuant to that certain Grant Deed recorded on May 6, 2022 as Document No. 2022-0212716 of Official Records of the County of Riverside. Pursuant to the Agreement, the City filed a Request for Dismissal of the Eminent Domain Proceeding on May 13, 2022. Accordingly, it is necessary for the City to rescind Resolution No. 2021-47. The City is now vested with title to the Subject Easement. The City's quitclaim to the District of the City's interest in and to the Subject Easement is the last step required by the City in connection with this acquisition. Accordingly, it is recommended that the City authorize the quitclaim to the District of its interest in the Subject Easement. FISCAL IMPACT: There is no fiscal impact to the City as result of rescinding Resolution No. 21-47 or approval of the Quitclaim Deed. Woodside 05 S, LP, a California Limited Partnership and Wingsweep Corporation, a California Corporation are responsible for all of the City's acquisition costs pursuant to that Certain Agreement Pursuant to Government Code Section 66462.5 Between Woodside 05S LP and Wingsweep Corporation, on the one hand, and City of Temecula, on the other, for Acquisition of Certain Real Property Interests (Sommers Bend) entered into as of May 19, 2020. ATTACHMENTS: 1. Resolution 2. Resolution No. 2021-47 3. Quitclaim Deed 4. Exhibit A — Legal Description 5. Exhibit B — Easement Map 3 RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RESCINDING RESOLUTION NO. 2021-47, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF FOR DRAINAGE, FLOOD CONTROL, AND FLOOD CHANNEL IMPROVEMENT PURPOSES, AND ALL USES NECESSARY OR CONVENIENT THERETO ALONG THE SANTA GERTRUDIS CREEK (325 SQUARE FOOT PERMANENT EASEMENT ON APNS 957-130-003 AND 957-130-013) AND AUTHORIZING THE QUITCLAIM OF THE CITY'S INTEREST IN SAID EASEMENT TO THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California. B. The City is a participant of the Santa Gertrudis Creek Channel Improvements Project ("Project") pursuant to the Development Agreement between the City of Temecula and Ashby USA, LLC (also known as the Pre -annexation and Development Agreement) executed pursuant to Ordinance No. 02-14. Developer Woodside 05S, LP, a California Limited Partnership and Wingsweep Corporation, a California corporation are the successors to certain of these approved applications for development and propose to construct the Sommers Bend Project. To facilitate the orderly development of the Sommers Bend Project, the Third Amendment to the Development Agreement was approved subject to certain conditions set forth on its Exhibit D. Specifically, Condition 4.A. to Exhibit D requires the Developer to construct certain offsite public improvements in connection with the Santa Gertrudis Creek Channel. These drainage, flood control, and flood channel improvements along the Santa Gertrudis Creek referred to as the "Project" include the improvements to Santa Gertrudis Creek upstream and downstream of the existing culverts at Butterfield Stage Road from the plans approved by the Riverside County Flood Control and Water Conservation District ("District"). C. It was necessary for the City to acquire an approximate 325 square foot permanent easement ("Subject Easement") over portions of the real property located south of Nicolas Road and west of Butterfield Stage Road in the City of Temecula and further identified as Riverside County Tax Assessor's Parcel Numbers 957-130-003 and 957-130-013 ("Property") in connection with the Project. The Property consists of approximately 158,558 square feet of vacant, unimproved land. It is encumbered by two Irrevocable Offers of Dedication ("Dedications") in favor of the "District". One Irrevocable Offer of Dedication was recorded April 21, 2006 as Document Number 2006-0290814 of Official Records of the County of Riverside. This first Irrevocable Offer of Dedication dedicates an easement area of approximately 38,338 square feet over portions of the Subject Property identified as APN 957-130-013. The second Irrevocable Offer of Dedication was recorded April 21, 2006 as Document Number 2006-0290972 of Official Records of the County of Riverside. This second Irrevocable Offer of Dedication dedicates an easement area of approximately 100,795 square feet over portions of the Subject Property identified as APN 957-130-003. D. The Subject Easement represents the small area that was not previously acquired for the Project. The Subject Easement is necessary for the construction, use, repair, reconstruction, inspection, operation, and maintenance of the Santa Gertrudis Channel facilities and all appurtenant works, including ingress and egress thereto, over, under, and across the 325 square foot easement area. The drainage, flood control, and flood channel improvements along Santa Gertrudis Creek comprising the Project are in the public interest and necessity and are required to protect the natural waterway that experiences seasonal water flow and to provide protection from flooding to properties in the vicinity of Santa Gertrudis Creek. After its acquisition of the Subject Easement, the City proposed to transfer its rights to the 325 square foot Subject Easement to the District for maintenance. E. Pursuant to Government Code Section 7260 et seq., the City obtained a fair market value appraisal of the Subject Easement and set just compensation for the Subject Easement at the fair market value as determined by the City's independent appraiser based on an August 18, 2020 date of value. On November 5, 2020, the City extended a written offer pursuant to Government Code Section 7267.2 to the owner of record, 3270 West Lincoln LLC ("Property Owner"), via certified mail and regular first-class mail, to purchase the Subject Easement at the fair market value established by the City's independent appraiser. The parties negotiated in good faith the City's purchase of the Subject Easement but had not reached a negotiated agreement for the purchase of the Subject Easement as of August 24, 2021. F. On August 24, 2021, the City Council of the City of Temecula held a hearing in accordance with the Eminent Domain Law (Code of Civil Procedure Section 1230.010 et seq.) and adopted Resolution No. 2021-47, A Resolution of the City Council of the City of Temecula Declaring Certain Real Property Interests Necessary For Public Purposes and Authorizing the Acquisition Thereof for Drainage, Flood Control, and Flood Channel Improvement Purposes, and All Uses Necessary or Convenient Thereto Along the Santa Gertrudis Creek (325 Square Foot Permanent Easement on APNs 957-130-003 And 957-130-013). G. Pursuant to Resolution No. 2021-47, the City of Temecula City Council authorized the City Attorney's Office to file and prosecute an eminent domain proceeding for the acquisition of the Subject Easement. The City filed its Complaint in Eminent Domain against the Property Owner on October 12, 2021 in Riverside County Superior Court, Case No. CVSW2108934 ("Eminent Domain Proceeding"). After the commencement of the Eminent Domain Proceeding, the parties resumed their negotiations and reached an agreement on the terms of the City's purchase of the Subject Easement. H. On January 18, 2022, the City Council of the City of Temecula adopted Resolution No. 2022-03 approving a Purchase and Sale Agreement, Settlement Agreement, General Release, and Joint Escrow Instructions between the City and the Property Owner for the acquisition of the Subject Easement ("Agreement"). Escrow for the City's acquisition of the Subject Easement closed on May 6, 2022. The City acquired title to the Subject Easement pursuant to that certain Grant Deed recorded on May 6, 2022 as Document No. 2022-0212716 of Official Records of the County of Riverside. Pursuant to the Agreement, the City filed a Request for Dismissal of the Eminent Domain Action on May 13, 2022. Accordingly, it is necessary for the City to rescind Resolution No. 2021-47. I. The City has authority to rescind Resolution No. 2021-47 pursuant to Code of Civil Procedure 1245.260(c), and other provisions of law. J. The City is now vested with title to the Subject Easement. The City's quitclaim to the District of the City's interest in and to the Subject Easement is the last step required by the City in connection with this acquisition. Section 2. Adoption of Resolution Rescinding Resolution No. 2021-47 and Authorizing Quitclaim of the City's Interest to the Riverside County Flood Control and Water Conservation District. The City Council of the City of Temecula adopts Resolution No. 2022- , A Resolution of the City Council of the City of Temecula Rescinding Resolution No. 2021-47, A Resolution of the City Council of the City of Temecula Declaring Certain Real Property Interests Necessary For Public Purposes and Authorizing the Acquisition Thereof for Drainage, Flood Control, and Flood Channel Improvement Purposes, and All Uses Necessary or Convenient Thereto Along the Santa Gertrudis Creek (325 Square Foot Permanent Easement on APNs 957-130-003 And 957-130-013) and Authorizing the Quitclaim of the City's Interest in Said Easement to the Riverside County Flood Control and Water Conservation District. Section 3. Authorization to Quitclaim to the Riverside County Flood Control and Water Conservation District the City's Interest in the Subject Easement. The City Council hereby authorizes the City Manager to execute the Quitclaim Deed, which quitclaims to the Riverside County Flood Control and Water Conservation District the City's interest in the approximate 325 square foot Subject Easement. Section 4. Certification. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of June, 2022. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of June, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk RESOLUTION NO.2021-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF FOR DRAINAGE, FLOOD CONTROL, AND FLOOD CHANNEL IMPROVEMENT PURPOSES, AND ALL USES NECESSARY OR CONVENIENT THERETO ALONG THE SANTA GERTRUDIS CREEK (325 SQUARE FOOT PERMANENT EASEMENT ON APNS 957-130-003 AND 957-130-013) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findines. A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California. B. The City originally approved the Development Agreement between the City of Temecula and Ashby USA, LLC (also known as the Pre -annexation and Development Agreement) pursuant to Ordinance No. 02-14. The Development Agreement was recorded on January 9, 2003 as Document No. 2003-018567 in the Official Records of the County of Riverside. The Development Agreement was amended pursuant to: (1) the First Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated February 14, 2006 and recorded on March 7, 2006 in the Official Records of Riverside County as Document No. 2006-0162268; (2) the Second Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated April 23, 2013 and recorded on July 3, 2013 in the Official Records of Riverside County as Document No. 2013-0324057, and (3) the Third Amendment to the Development Agreement dated March 8, 2016, and recorded on April 20, 2016 in the Official Records of Riverside County as Document No. 2016-0156276. Developer Woodside 05S, LP, a California Limited Partnership and Wingsweep Corporation, a California corporation are the successors to certain of these approved applications for development and propose to construct the Sommers Bend Project ("Sommers Bend Project" or "Development Project"). C. To facilitate the orderly development of the Sommers Bend Project, the Third Amendment to the Development Agreement was approved subject to certain conditions set forth on Exhibit D to said Third Amendment. Specifically, Condition 4.A. to Exhibit D contained a specific condition of approval requiring Developer to construct certain public improvements in connection with the Santa Gertrudis Creek Channel. These drainage, flood control, and flood channel improvements along the Santa Gertrudis Creek are referred to as the "Project" and include the improvements to Santa Gertrudis Creek upstream and downstream of the existing culverts at Butterfield Stage Road from the plans approved by the Riverside County Flood Control and Water Conservation District ("District"). D. The Project requires the acquisition of the approximate 325 square foot permanent easement described more particularly below in Section 4. The approximate 325 square foot permanent easement is necessary for the construction, use, repair, reconstruction, inspection, operation, and maintenance of the Santa Gertrudis Channel facilities and all appurtenant works, including ingress and egress thereto, over, under, and across the 325 square foot easement area. The drainage, flood control, and flood channel improvements along Santa Gertrudis Creek comprising the Project are in the public interest and necessity and are required to protect the natural waterway that experiences seasonal water flow and to provide protection from flooding to properties in the vicinity of Santa Gertrudis Creek. E. Pursuant to California Government Code Section 66462.5, when a condition of a subdivision map approval or a development agreement requires the installation or construction of improvements on offsite property not owned or controlled by a developer, and title cannot be obtained by negotiated purchase, a city is required to commence proceedings to acquire off -site property by eminent domain or such off -site improvement conditions will be waived. Pursuant to Government Code Section 66462.5(c), a city and a developer may enter into an agreement to allocate the costs and responsibilities for acquisition of such off -site property. The City and the developer entered into that certain Agreement Pursuant to Government Code Section 66462.5 Between Woodside 05S LP and Wingsweep Corporation, on the one hand, and City of Temecula, on the other, for Acquisition of Certain Real Property Interests (Sommers Bend) as of May 19, 2020 in connection with the subject offsite improvements. Section 2. Adoption of Resolution of Necessity. The City Council of the City of Temecula adopts Resolution No. 2021-47, A Resolution of the City Council of the City of Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof for Drainage, Flood Control, and Flood Channel Improvement Purposes, and all Uses Necessary or Convenient Thereto Along the Santa Gertrudis Creek (325 Square Foot Permanent Easement on APNs 957-130-003 and 957-130-013). Section 3. The City seeks to acquire by eminent domain the approximate 325 square foot permanent easement described below in Section 4 of this Resolution for public use, namely for drainage, flood control, and flood channel improvement purposes, and all uses necessary or convenient thereto along the Santa Gertrudis Creek in connection with the Project pursuant to the authority conferred on the City of Temecula to acquire real property by eminent domain by Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 40404, and 66462.5, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650 and by other provisions of law. Code of Civil Procedure, Section 1240.010 provides that "[t]he power of eminent domain may be exercised to acquire property only for a public use. Where the Legislature provides by statute that a use, purpose, object, or function is one for which the power of eminent domain may be exercised, such action is deemed to be a declaration by the Legislature that such use, purpose, object, or function is a public use." Government Code Section 66462.5(c) authorizes the City and the developer of a project for which the construction of offsite improvements are required to enter into an agreement requiring the developer to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires an interest in the land that will permit such improvements to be constructed. Government Code Section 66462.5(a) provides that a city or county may "acquire by FA negotiation or commence eminent domain proceedings pursuant to Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure to acquire an interest in the land which will permit the improvements to be made, including proceedings for immediate possession of the property under Article (commencing with Section 1255.410) of Chapter 6 of that title." Section 4. The City seeks to acquire that certain approximate 325 square foot permanent easement (referred to below as the "Subject Easement") on the real property located south of Nicolas Road and west of Butterfield Stage Road in the City of Temecula, and identified as Riverside County Tax Assessor's Parcel Numbers 957-130-003 and 957-130-013 ("Property") for public use, namely drainage, flood control, and flood channel improvement purposes, and all uses necessary or convenient thereto along the Santa Gertrudis Creek described more particularly on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein by this reference. The Property is owned by 3270 West Lincoln, LLC. Section 5. Environmental Review. The environmental effects of the Project and the acquisition of the Subject Easement needed for the Project were studied and analyzed as an integral part of the Environmental Impact Report for the Roripaugh Ranch Specific Plan ("EIR") pursuant to the California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000 et seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. ("CEQA Guidelines"). On November 26, 2002, the City Council adopted Resolution 02-111, A Resolution of the City Council of Temecula, California, Certifying the Final Environmental Impact Report Prepared for the Roripaugh Ranch Specific Plan and Related Planning Applications Actions and Adopting the Environmental Findings Pursuant to the California Environmental Quality Act, and the State CEQA Guidelines, a Mitigation Monitoring and Reporting Program and a Statement of Overriding Considerations, in Connection therewith for the Roripaugh Ranch Specific Plan, Located near the Future Intersection of Butterfield Stage Road and Nicolas Road (Planning Application 94-0076). Since the adoption of the EIR, five EIR Addendums have been prepared for the Development Project area. The most recent Addendum to the EIR was adopted on January 14, 2020. On June 4th, 2021, City Staff reviewed the environmental documentation prepared in connection with the Development Project in connection with Staff s review of the proposed acquisition of the Subject Easement for the Project. City Staff reviewed the EIR, the First Addendum to the EIR adopted on April 23, 2013, the Second Addendum to the EIR adopted on March 22, 2016, the Third Addendum to the EIR adopted on January 23, 2018, the Fourth Addendum to the EIR adopted on November 6, 2019, the Fifth Addendum to the EIR adopted on January 14, 2020, and determined that the Project and acquisition of the property interests needed for the Project are consistent with the EIR and Addenda to the EIRs. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City Staff concluded that no substantial changes have occurred in the Development Project, no substantial changes have occurred in the circumstances under which the Development Project is undertaken, and the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Easement for the Project. Section 6. The Project, as planned and designed, is in the public interest and necessity and is needed for the construction of necessary flood control, flood channel, and drainage improvements along the Santa Gertrudis Creek. The Project requires the additional 325 square 3 foot Subject Easement to complete the necessary drainage, flood control, and flood channel improvements along Santa Gertrudis Creek. The Project cannot be constructed without the Subject Easement. The Subject Easement is for the construction, use, repair, reconstruction, inspection, operation, and maintenance of the Santa Gertrudis Channel facilities and all appurtenant works, including ingress and egress thereto, over, under, and across the area of the Subject Easement. The drainage, flood control, and flood channel improvements along Santa Gertrudis Creek are in the public interest and necessity and are required to protect the natural waterway that experiences seasonal water flow and to mitigate flooding of properties in the vicinity of Santa Gertrudis Creek consistent with the plans of the District. Section 7. The Project, as planned and located, will help further Policy 6.3 of Goal 6 of the Land Use Element of the General Plan, which seeks to "[c]onserve the natural resources of area watercourses, including Santa Gertrudis, Temecula and Murrieta Creeks...". [General Plan, Land Use Element, page LU-47.] The Project also seeks to conserve the natural resources of Santa Gertrudis Creek and provide natural flood control methods to reduce capital and maintenance costs. [General Plan, Land Use Element, page LU-55] Further, the Project is planned and designed to maintain an effective, safe, and environmental compatible flood control system consistent with GM-9 goal of the Growth Management/Public Facilities element of the General Plan. The Project satisfies the goal of identifying and prioritizing areas of excessive flooding and working with the Riverside County Flood Control and Water Conservation District to construct appropriate flood control facilities to ensure public safety. Accordingly, the Project, as planned and designed, is in the public interest and necessity and will benefit the residents and owners in this area of the City. After the drainage, flood control, and flood channel improvements are constructed, the City proposes to transfer its rights to the 325 square foot Subject Easement to the District for maintenance. Section 8. The Project is planned and located in the manner that is most compatible with the greatest public good and the least private injury. The Project is planned and designed to construct necessary drainage, flood control, and flood channel improvements along the Santa Gertrudis Creek. It is also planned and located to minimize the impact on private parcels. The City seeks to acquire the small 325 square foot Subject Easement from the Property, which is located within the natural waterway known as Santa Gertrudis Creek. The Property is subject to two recorded Irrevocable Offers of Dedication that dedicate in perpetuity to the County of Riverside, on behalf of the District, an approximate 38,338 square foot easement and an approximate 100,795 square foot easement for flood control and drainage purposes for the construction, use, repair, reconstruction inspection, operation and maintenance of flood control facilities, and all appurtenant works, including ingress and egress thereto, over, under and across the property described more particularly in said Irrevocable Offers of Dedication. These Irrevocable Offers of Dedication were recorded against the Property at the time that the record owner purchased the Property by two separate tax auction sales. The 325 square foot Subject Easement is located near an existing twin tunnel culvert is improved along the eastern edge of the Property, and does not appear to be located in a buildable area on the Property. Further, the construction of the Project will not result in the displacement of any persons or businesses because the Property consists of vacant land, a large part of which is located within the Santa Gertrudis Creek. a Section 9. The public use for which the City seeks to acquire the approximate 325 square foot Subject Easement, namely for drainage, flood control, and flood channel improvement purposes, and all uses necessary or convenient thereto along the Santa Gertrudis Creek, will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the area (Code of Civil Procedure Section 1240.510). Section 10. Pursuant to Government Code Section 7260 et seq., the City obtained a fair market value appraisal of the Subject Easement and the Property and set just compensation for the Subject Easement in accordance with the fair market value. On November 5, 2020, the City extended a written offer pursuant to Government Code Section 7267.2 to the owner of record, 3270 West Lincoln LLC, via certified mail and regular first-class mail. The City's offer included an informational pamphlet describing the eminent domain process and the record owner's rights under the Eminent Domain law. In accordance with Government Code Section 7267.2, the City's written offer contained a written statement of and summary of the basis for, the amount it established as just compensation. The offer set forth the date of value used by the appraiser and explained the appraiser's opinion of the highest and best use of the Property. It also explained the applicable zoning of the Property. The offer also summarized the principal transactions relied on by the appraiser to arrive at the appraiser's opinion of value. In addition, the written offer explained the appraiser's valuation analysis, including an analysis of severance damages. It also included the comparable market data relied on by the appraiser. Further, the offer letter offered to pay the reasonable costs of 3270 West Lincoln LLC, up to $5,000, of an independent appraisal pursuant to Code of Civil Procedure Section 1263.025. Section 11. The City provided written notice to the owner of record, 3270 West Lincoln LLC, pursuant to Code of Civil Procedure Section 1245.235 of the City Council's intent to consider the adoption of a Resolution of Necessity for the acquisition of the 325 square foot Subject Easement by eminent domain. It also notified the owner of the opportunity to appear before the City Council and raise questions about whether the public interest and necessity require the Project; whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and whether the Subject Easement the City seeks to acquire is necessary for the Project. Section 12. Based on the evidence presented at the hearing regarding the acquisition of the approximate 325 square foot Subject Easement for the Project, including the Agenda Report, the documents referenced therein, and any oral or written testimony at the hearing, the City Council hereby finds and determines that: A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; C. The approximate 325 square foot Subject Easement described more particularly on Exhibit "A" and depicted on Exhibit "B" hereto is necessary for the Project; and D. The City has made the offer required by Government Code Section 7267.2 to the owner of record of the Subject Easement the City seeks to acquire. Section 13. The findings and declarations contained in this Resolution are based upon the record before the City Council, including the Agenda Report, and all documents referenced therein, all of which are incorporated herein by this reference and testimony and/or comments submitted to the City by the record owner or the owner's representative(s). These documents include, but are not limited to the City of Temecula General Plan, the documents relating to the Sommers Bend Development, offer letter sent to the owner pursuant to Government Code Section 7267.2, notice pursuant to Code of Civil Procedure Section 1245.235, and environmental documents relating to the Development Project. Section 14. Authorization to File Eminent Domain Proceeding. The City Attorney's Office is authorized to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire the 325 square foot Subject Easement in connection with the Project. The 325 square foot Subject Easement is described more particularly on Exhibit "A" and depicted on Exhibit "B" hereto. Section 15. City Manager Authority. The City Manager is authorized to execute all necessary documents in connection with the eminent domain proceeding. Section 16. Certification. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24`h day of August, 2021. ann Edwards, Mayor ATTEST: Randi Johl, ity Clerk [SEAL] 1 1 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2021-47 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 241h day of August, 2021, by the following vote: AYES: 5 COUNCIL MEMBERS: Alexander, Edwards, Rahn, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: ABSTAIN: 0 COUNCIL MEMBERS: ABSENT: 0 COUNCIL MEMBERS None None None Randi Johl, City Clerk Exhibit "A" Legal Description of 325 Square Foot Subject Easement EXHIBIT "A" FLOOD CONTROL EASEMENT That portion of that certain parcel of land designated "Not A Part" on Map filed in Book 1, Page 64 of Parcel Maps, Riverside County Records, being a portion of Parcel "A" as described in Grant Deed recorded November 9, 2005 in Document No. 2005-0931546, Official Records of said County, State of California, lying within Section 20, Township 7 South Range 2 West, San Bernardino Base and Meridian, more particularly described as follows: COMMENCING at the centerline intersection of Butterfield Stage Road (110.00 feet wide) and Nicholas Road (110.00 feet wide) as shown on Tract Map No. 29353-2, as filed in Book 342, Pages 73 through 85, inclusive of Maps in the office of the County Recorder of said County, said point being the beginning of a non -tangent 1600.00 foot radius curve, concave Southeasterly, a radial line to said point bears North 53'53'27" West; THENCE Southwesterly along the centerline of said Butterfield Stage Road and the arc of said curve through a central angle of 19"18'07", a distance of 539.01 feet to the Easterly prolongation of the Southerly line of said Parcel "A'; THENCE along said Easterly prolongation and non -tangent to said curve North 89'25'41" West, a distance of 57.20 feet; THENCE continuing along said Easterly prolongation, North 89025'41" West, a distance of 6.65 feet to the Southeast comer of said Parcel "A", said point being on the Easterly line of an Irrevocable Offer of Dedication as described in Document No. 2006-0290972, recorded April 21, 2006, Official Records of said County, said point also being on the Easterly line of said Section 20; THENCE along the Easterly line of said Parcel "A", the Easterly line of said Irrevocable Offer of Dedication, and the Easterly line of said Section 20, North 00"34'18" East, a distance of 182.22 feet to a point on the Northerly line of said Parcel "A", said point being on the Northerly line of said Irrevocable Offer of Dedication; THENCE along said Northerly line, North 89°25'41' West, a distance of 97.18 feet to the TRUE POINT OF BEGINNING; THENCE continuing along the Northerly line of said Irrevocable Offer of Dedication the following 5 courses: Exhibit "A" 1 1086.0204/2543969v 1 1 THENCE South 74048'13" West, a distance of 13.94 feet to the beginning of a tangent 35.00 foot radius curve concave Northerly; THENCE Westerly along the arc of said curve through a central angle of 19'25'18", a distance of 11.86 feet; THENCE North 85'46'29" West, a distance of 75.59 feet to a line parallel with and 0.22 feet Southerly of the Northerly line of said Parcel "A"; THENCE along said parallel line, North 89'25'41" West, a distance of 200.20 feet to the beginning of a tangent 468.00 foot radius curve concave Northerly; THENCE Westerly along the arc of said curve through a central angle of 01'45'08", a distance of 14.31 feet to a point on the Northerly line of said Parcel "A"; THENCE along said Northerly line, South 89'25'41" East, a distance of 315.10 feet to the TRUE POINT OF BEGINNING. Containing 325 square feet, more or less. This description was prepared by me or under by direction EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. William Rohal L.S. 8805 1- 17- ZoI Date Exhibit "A" 11086.0204/2543969v1 Exhibit "B" ction of 3z, Nauare toot Subiect Easement NO2' 19' 27"E RAO 325 SQ. FT. TPOB -----_ f S89'25'41"F 315.10' N89'25'41"W 200.20'1 --' 11 C2 NORTHERLY LINE OF DETAIL "A" OFFER OF DEDICATION PER DOC NO 2046'-0290972 SHEET 1 OF 1 L3-S 4D N.T.S. REC. 4-21-2006 TLY NE E�SECT DETAIL "A" -- TPOB IONI 0 wLO N'LY. LINE PARCEL ASEE wN PER DOC. NO. 2005-0931 4—�'--�- a a ci Z — --�— - w •� L3 o PARCEL A DOC. NO. 2005-0931546LLJ 5E'LY. COR. REC. 11-9-2005 PARCEL A APN 957-130-003 PER DOC. OFFER OF DEDICATION NO.2005- PER DOC NO 2006-0290972 0931546 LINE TABLE NAME DIRECTION L1 N 85046'29' W L2 S 74'48'13' W L3 N 89'25'41' W L4 N 89'25'41' W L5 N 89'25'41" W REC. 4-21-2006 S89' 25' 41"E 556.00' f S'LY.LINE PARCEL A J PER DOC. NO. 2005,0931546 N53' 53' 27"W RAD POC -� i I � / w 90 N N Q N M m a / 15 -fir rr rr r N73' 11' 34"'R RAQ _lf LENGTH 75.59' CURVE TABLE1 13.94' NAME DELTA RADIUS ARC 97.18- -------------------------------- SCALE: 1° = 100' 57.20' Cl 1045'08' 468.00' 14.31` 6.65' C2 19'25'18' 35.00' 11.86' FM 100 0 160 200 171' ICY.VAAVtAUL SWIL 1"C. EXHIBIT "B" 51A °'°' FLOOD CONTROL EASEMENT rn,rllr I. rc��slrl� RKH ltit.kNlNf; C;OMt'ANY i.l.cnii•tcnn�.i om R,"& 5a SCALE: 1"100' DATE: MAY 15 2018 Gt\17B1t_1\17a83 AN - Survey-Napping\Survey\17B83AMptt06_FkJCntrEase- 1.dgn PLOT DATES 11-JAN-2019 JN 17883 Y• u Exhibit "B" I I 086.0204/2543969v I Recorded at request of, and return to: Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside, California 92501 With a copy to: City of Temecula 4100 Main Street Temecula, California 92590 Attention: City Clerk's Office NO FEE (GOV. CODE 6103) SANTA GERTRUDIS CREEK CHANNEL IMPROVEMENTS Project No. SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s) DDT: - 0 - THE CONVEYANCE IS TO A GOVERNMENTAL ENTITY OR POLITICAL SUBDIVISION R&T 11922 QUITCLAIM DEED The CITY OF TEMECULA, a municipal corporation ("CITY") acquired an approximate 325 square foot permanent easement described more particularly below for public use, namely for construction, use, repair, reconstruction, inspection, operation, and maintenance of the Santa Gertrudis Channel facilities and all appurtenant works pursuant to that certain Grant of Easement recorded on May 6, 2022 as Document Number 2022-0212716 of the Official Records of the County of Riverside ("Subject Easement"). NOW THEREFORE, FOR A VALUABLE CONSIDERATION, receipt and sufficiency of which are hereby acknowledged, the CITY does hereby remise, release and forever quitclaim to the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body politic, all of the CITY's rights, title and interest in and to that certain Subject Easement situated in the City of Temecula, County of Riverside, State of California, described as follows: See legal description and depiction attached hereto as Exhibit "A" and Exhibit `B", and made part hereof. CITY OF TEMECULA, a municipal corporation Date: By: MATT RAHN, Mayor ATTEST: Randi Johl, City Clerk (SEAL) CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Quitclaim Deed from CITY OF TEMECULA ("Grantor"), a municipal corporation to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ("Grantee"), a body politic, is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the Riverside County Flood Control and Water Conservation District pursuant to authority conferred by Resolution No. 474 of the Board of Supervisors of said District adopted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer. Date: RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT JASON E. UHLEY General Manager - Chief Engineer EXHIBIT "A" FLOOD CONTROL EASEMENT That portion of that certain parcel of land designated "blot A Part"on Map filed in Book 1. Page 64 of Parcel Maps, Riverside County Records, being a portion of Parcel "A" as described in Grant Deed recorded November 9, 2005 in Document No. 200"931546, Off 1dal Records of said County, State of Califarnia, lying within Sectlon 20, Township 7 South Range 2 West, San Bernardino Base and Meridian, more particularly described as follows: COMMENCING at the centerline intersection of Butterfield Stage Road (110.00 feet wide) and Nicholas Road (110.00 feet wide) as shown on Tract Map No. 29353-2, as filed in Book 342, Pages 73 through 85, inclusive of Maps in the office of the County Recordor of said Gounty, said paint being the beginning of a non -tangent 1600.00 foot radius curve, concave Southsastarly, a radial line to said point bears North 53°53'27" West; THENCE Southwesterly along the centerline of said Butterfield Stage Road and the are of said curve through a central angle of 19'18'07", a distance of 539.01 feet to the Easterly prolongation of the Southerly line of said Parcel "A"; THENCE along said Eastedy prolongation and non -tangent to said curve North 89°25"41" West, a distance of 57.20 feet; THENCE continuing along said Easterly prolongation, North 89°25'41" West, a distance of 6.65 feet to the Southeast corner of said Parcel °'A", said point being on the Easterly line of an Irrevocable Offer of Dedication as described in Document No_ 2006-0290972. recorded April 21, 2006, Official Records of said County, said point also being a the Easterly line of said Section 20; THENCE along the Easterly line of said Parcel "A", tJhe Easterly line of said Irrevocable Offer of Dedication, and the Easterly line of said Section 20, North 00'34'18" East, a distance of 182.22 feet to a point on the Northerly IIne of Bald Parcel "A", said polnt being on the Northerly line of said Irrevocable Offer of Dedication; THENCE along said Northerly Iine, North 89°25'41" West, a distance of 97.18 feat to the TRUE POINT OF BEGINNING; THENCE continuing along the Northerly line of said Irrevocable Offer of Dedication the fallowing 5 courses; THENCE South 74`4813' West, a distance of 13,94 foot to the beginning of a tangent 35.00 foot radius curve concave Northerly-P THEN C E Westerly along the arc of said curve through a central angle of 19'25'18", a distance of 11.85 feet; THENCE North 85°46'29' West, a distance of 75.59 feet to a line parallel with and 9.22 feet Southerly of the Northerly line of said Parcel "A"; THENCE along said parallel line, North 89'25'41" West, a distance of 200.20 feet to the beginning of a tangent 468.90 feet radius curve concave Northerly: THENCE Westerly along the arc of said curve through a central angle of 01"45'08", a distance of 14.31 feet to a point on the Northerly line of said Parcel "A"; THENCE along said Northerly line, South 89`25'41" East, a distance of 31 5. 10 feet to the TRUE POINT OF BEGINNING. Containing 325 square feet, more or less_ This description was prepared by me or under by direction EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF, William Rahal L_S. 8805 Date -2- Map of Subject Property to be Acquired NOV 19, 271 RAD 325 SO. FT. TPOB 589'25.41"F 315.10' lk ClN89' 25' 41 "w 200. 2' - C2 4 "THERLY LINE OF DEfAiL"A" OFFER OF DEDICATION N.T.S. PER DOC, N0. 2006-0290972 EEC. 4-21-NOS EASTERLY LINE J N'LY. LINE PARCEL AEE DETAIL "A" TPOR SECTION 20 o PER DOC. NO. 20DS-0931SIG cv a a� --���� n52 a EARC,EL A DOC_ NO- 2005-0931546 5E'LY. CAR. REC_ II-9-2406 PARCEL A bPN 957-130-643 PER DOC. OFFER OF DE11ICAT1011NO.2005- PER DOC, N0, NOG-029O 7 0931546 REC.4-21-2045 �a 5B9`25'4I"E 55E.00' SILY. LINE PARCEL k LS PER OCC. N0. 2045-4931546 SHEET 1 OF I f, O N53' 53'27" W ND Q<16' J -- — PQC� I z .1 LINE TABLE FTfi3'11'34"� AA _ ! r oou NAVE* DIRECTIOR LENGTH lYr+ r+JJ _ ................ _ ti LI + N 85'46.2g'-w - -75 59' -CURVE TABLE CPCA% {2 S 74'48'13` w 13,94' NAME DELTA RADIUS ARC 0 N 89'25'41` w 91.18, -------------------------------- SCALE- I'm 100' L4 N 69'25'41' W 57-2A' Cl I'46'08' 468.00' 14.31' 1.5 N 89'25'41' W 6,66, C2 19'26"18' 35.00, 11.86' 100 0 100 200 iwommvhrV�Wr,2LWTEiUo EXHIBIT 'L.1`F RIVER5IGCA E,02501 B51.782.07V FLOOD CONTROL LA LMENT (F,6k]661.7i2Q72H 07 ENG11 Ef 14fNG 4.OMFA,PIY rlcNc n=Incrrin4.c om Rh."de SaInp - orww-5anLuBuhlpo-6gm�llrld-3�v -Fbwi--T� SCALE; it t-M' DATE: MAY 15 2018 Cb\17=\17M AM - Survey-Wapping\Survey\17883AMp"G-F JCntrEaaa-9,dgn PLOT DATE; 11-JAN-2499 JN 17883 Item No. 22 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: June 14, 2022 SUBJECT: Approve Quitclaim Deed Releasing All of the City's Rights, Title and Interest in 9,938 Square Feet Parcel of Land Located on West Side of Murrieta Creek, East of Pujol Steet and South of First Street to the Riverside County Flood Control and Water Conservation District PREPARED BY: Amer Attar, Engineering Manager Patrick Thomas, Director of Public Works/City Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING QUITCLAIM DEED RELEASING ALL OF THE CITY'S RIGHTS, TITLE AND INTEREST IN THE APPROXIMATE 9,938 SQUARE FOOT PARCEL LOCATED ON WEST SIDE OF MURRIETA CREEK, EAST OF PUJOL STREET AND SOUTH OF FIRST STREET TO THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (REFERENCED AS RCFC PARCEL NO. 7021-36) 2. Authorize the Mayor to execute the Quitclaim Deed releasing all of the City's rights, title and interest in the approximate 9,938 square foot parcel of land located on west side of Murrieta Creek, east of Pujol Street and south of First Street to the Riverside County Flood Control and Water Conservation District. BACKGROUND: The City of Temecula entered into the Joint Funding Agreement for the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project with the Riverside County Flood Control and Water Conservation District (District) and City of Murrieta on January 11, 2004. This agreement provides that the District shall secure all necessary rights of way for Project's construction, operation and maintenance. The agreement also provides that the City shall receive credit for rights of way furnished for the project as part of the City's contribution requirement for the project. The United States Army Corps of Engineers (USACOE) has completed construction of Phase 1 and Phase 2A of the Murrieta Creek Improvements Project. The Phase 2A portion of the project includes a DG trail on the west side of Murrieta Creek, south of First Street, which requires right- of-way as requested by the District. The City's interests in the subject right of way is based on the Map of the Town of Temecula, San Diego County, California, dated August 24, 1892; showing a 30 feet wide street adjacent to the California Southern Railroad. Because a title report was not able to determine clear ownership rights to the various portions of the approximate 9,938 square foot subject parcel, the District requested that the City execute a Quitclaim deed releasing to the District all of the City's rights, title and interest to said strip. The City and the District have entered into the Specific Facility License Exhibit (SFLE) No. 3 for the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project — East Bank and West Bank Trails (Phases I and 2A). This agreement includes the portion of DG trail constructed within the Quitclaim Deed parcel. Accordingly, the quitclaim of the 9,938 square foot subject parcel will benefit the residents and visitors of Temecula that use the DG trail. FISCAL IMPACT: There is no fiscal impact to the City as result of approval of the Quitclaim Deed. The City will receive credit for the value of the property as part of the City's contribution requirement for the Murrieta Creek Project. The City and the District will determine the amount of the credit at a later date. ATTACHMENTS: 1. Resolution 2. Quitclaim Deed RESOLUTION NO.2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING QUITCLAIM DEED RELEASING ALL OF THE CITY'S RIGHTS, TITLE AND INTEREST IN APPROXIMATE 9,938 SQUARE FOOT PARCEL LOCATED ON WEST SIDE OF MURRIETA CREEK, EAST OF PUJOL STREET AND SOUTH OF FIRST STREET TO THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (REFERENCED AS RCFC PARCEL NO.7021-36) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California. B. On August 10, 2004, the City Council of the City of Temecula approved the Joint Funding Agreement with the Riverside Flood Control and Water Conservation District ("District") and the City of Murrieta for the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project ("Project"). C. According to the Joint Funding Agreement, the District is required to secure all necessary rights of way for the Project's construction, operation and maintenance. D. The City shall receive credit for Project rights of way furnished by the City on the basis of an independent appraisal performed by a qualified real estate appraisal firm retained by the District. E. The United States Army Corps of Engineers (USACOE) has completed construction of Phase 1 and Phase 2A of the Murrieta Creek Improvements Project. The Phase 2A portion of the project includes a DG trail on the west side of Murrieta Creek, south of First Street, which requires right-of-way as requested by the District. The City's interests in the subject right of way is based on the Map of the Town of Temecula, San Diego County, California, dated August 24, 1892; showing a 30 feet wide street adjacent to the California Southern Railroad. Because a title report for this parcel was not able to determine clear ownership rights to the various portions of the approximate 9,938 square foot subject parcel, the District requested that the City execute a Quitclaim deed releasing to the District all of the City's rights, title and interest to said strip described more particularly in the Quitclaim Deed. F. The City and the District have entered into the Specific Facility License Exhibit (SFLE) No. 3 for the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project — East Bank and West Bank Trails (Phases 1 and 2A). This agreement includes the portion of DG trail constructed within the approximate 9,938 square foot subject parcel. Accordingly, the quitclaim of the 9,938 square foot subject parcel will benefit the residents and visitors of Temecula that use the DG Trail. Section 2. Adoption of Resolution No. 2022- . The City Council of the City of Temecula adopts Resolution No. 2022- , a Resolution of the City Council of the City of Temecula approving Quitclaim Deed releasing all of the City's rights, title and interest in the approximate 9,938 square feet parcel of land located on west side of Murrieta Creek, east of Pujol Street and south of First Street to the Riverside County Flood Control and Water Conservation District. Section 3. Certification. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of June, 2022. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of June, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk 243475 Recorded at request of, and return to: Riverside County Flood Control and Water Conservation District 1995 Market Street Riverside, California 92501 With a copy to: City of Temecula 41000 Main Street Temecula, California 92590 Attention: City Clerk's Office NO FEE (GOV. CODE 6103) SPACE ABOVE THIS LINE FOR RECORDER'S USE MURRIETA CREEK PROJECT The undersigned grantor(s) declare(s) Project No. 7-0-00021 DDT: - 0 - THE CONVEYANCE IS TO A GOVERNMENTAL ENTITY OR POLITICAL SUBDIVISION R&T 11922 QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF TEMECULA, a municipal corporation, does hereby remise, release and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body politic, all of the City's right, title and interest in the real property situated in the City of Temecula, County of Riverside, State of California, described as follows: See legal description and depiction attached hereto as Exhibit "A" and Exhibit `B", and made part hereof, to be referenced hereafter as RCFC Parcel No. 7021-36. Date ATTEST: 10 Randi Johl, City Clerk CITY OF TEMECULA, a municipal corporation: LN MATT RAHN, Mayor (SEAL) CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by Quitclaim Deed, datedfrom CITY OF TEMECULA ("Grantor"), a municipal corporation to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ("Grantee"), a body politic, is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the Riverside County Flood Control and Water Conservation District pursuant to authority conferred by Resolution No. 474 of the Board of Supervisors of said District adopted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer. RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Date: JASON E. UHLEY General Manager -Chief Engineer Project: Murrieta Creek Project No. 7-0-00021 RCFC Parcel No. 7021-36 YKW: amh RIVERSIDE COUN T"Y FLOOD CONTROL AND WATER CONSERVATION DISTRICT EXHIBIT "A" LEGAL DESCRIPTION MURRIETA CREEK Parcel No. 7021-36 In the City of Temecula, County of Riverside, State of California, being that portion of the 30.00 foot wide street, lying southwesterly of Lots 3 and 4, as shown on the Map of the Town of Temecula, filed August 24, 1892, in Book 15, Page 726, of Maps, records of San Diego County, described as follows: Beginning at the southwest corner of Parcel 7021-12 as shown on that Record of Survey, filed in Book 114, Pages 95 through 99, inclusive, of Records of Survey, records of Riverside County; Thence North 15°42'05" West 459.00 feet along the westerly line of said Parcel 7021-12 and the westerly line of Parcel 7021-14 as shown on said Record of Survey; Thence South 04°46'46" West 60.02 feet to a line parallel with and 21.00 feet westerly of said westerly lines; Thence South 15°42'05" East 213.58 feet along said parallel line; Thence South 03°16'34" East 23.24 feet to a line parallel with and 26.00 feet westerly of said westerly lines; Thence South 15142'05" East 166.50 feet along said parallel line to the northerly line of Parcel 7021-7 as shown on said Record of Survey; Thence North 74'18'23" East 26.00 feet along said northerly line to the Point of Beginning; Containing 9,938 square feet / 0.228 acres more or less. See Exhibit "B" attached hereto and made a part hereof. R. A4 ' L S crl,Fo !� A ES R. McNEILL NO. 7752 �. 12/31 /23 * Land Surveyor No. 7752 OFCALIV05"j Date: Page 1 of 1 ors 0' 80' 160' 1 INCH = 80 FEET GRAPHIC SCALE PARCEL 7021-14 t PASW'L Y LINE PARCEL 7021-14 a L m— — T _ _ "n —T W 0 n L2 Kvex IFZ m m �� fl f140g5 ,9 o I I i a o PARCEL O oo N I 7021-13 II \ PARCEL PARCEL j� a I7021-11 I 7021— 7 � _ o y a Ord z N L Y LINE cV PARCEL 7021-7 V _J PARCEL 7021-12 qq y� I � � 0 I LSOU � Q O SW'L Y LINE SW'L Y CORNER I 3 ^ I PARCEL 7021-12 PARCEL 7021-12 N L1 P.O.B. — — L3 L4 N L5 L6 Q — — — � — Parcel rn �n9t__; 30' FOOT STREET ROW PER M.B. 151726 S.D. CO. i �o ����� � o � PARCEL Z �°Q���� � � 0 7021— 7 0 `u Y 4 � Q F001 M. ,YZIf0 _fo LOld 1 - - - - - C� `n IF PUJOL STREET-1 LINE TABLE LINE # DIRECTION LENGTH L 1 N 15 42'05"W 459.00' L2 SO4 4646 "W 60.02' L3 515 42'05"E 213.58' LINE TABLE LINE # DIRECTION LENGTH L4 S03`16'34"E 23.24' L5 S 15 42'05 "E 166.50' L6 N74`18'23"E 26.00' Z V LL! m m z i i V W U o 0 I I N �I O Item No. 23 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: June 14, 2022 SUBJECT: Receive and File Additional Temporary Street Closures for 2022 Summerfest 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 2022 Summerfest Events: HIGH HOPES SUMMER CONCERT STUFF THE BUS EVENT VEGAN DISTRICT FOOD FAIR BACKGROUND: Three additional special events have been added to the Summerfest lineup. They are scheduled between July 2022 and August 2022 and necessitate the physical closure of all or portions of certain streets within the Old Town area. These closures are necessary for event operation as well as to protect participants and viewers. The three events and associated street closures are as follows: 1) HIGH HOPES SUMMER CONCERT — July 111 The High Hopes Summer Concert event will be held Friday, July 1st in the Town Square. The street closures scheduled are shown below: Main Street 3:00 p.m. on Friday, July 1st from the easterly driveway edge of to 28636 Old Town Front Street 9:00 p.m. on Friday, July lst at Be Good Restaurant to Mercedes Street 3:00 p.m. on Friday, July Pt Mercedes Street to Third Street to Fourth Street 9:00 p.m. on Friday, July lst Street closures for the High Hopes Summer Concert event are shown on Exhibit "A" attached hereto. 2) STUFF THE BUS EVENT — July 23,d The Stuff the Bus event will be held Saturday, July 23rd in the Town Square. The street closures scheduled are shown below: Main Street 3:00 p.m. on Friday, July 22nd from the easterly driveway edge of to 28636 Old Town Front Street 11:00 p.m. on Saturday, July 23rd at Be Good Restaurant to Mercedes Street 3:00 p.m. on Friday, July 22nd Mercedes Street to Third Street to Fourth Street 11:00 p.m. on Saturday, July 23rd Street closures for the Stuff the Bus event are shown on Exhibit "A" attached hereto. 3) VEGAN DISTRICT FOOD FAIR — August 20th The Vegan District Food Fair will be held Saturday, August 20`h in the Town Square. The street closures scheduled are shown below: Main Street 7:00 a.m. on Saturday, August 20th from the easterly driveway edge of to 28636 Old Town Front Street 10:00 p.m. on Saturday, August 20th at Be Good Restaurant to Mercedes Street 7:00 a.m. on Saturday, August 20th Mercedes Street to Third Street to Fourth Street 10:00 p.m. on Saturday, August 20th Street closures for the Vegan District Food Fair are shown on Exhibit "A" 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 — Summerfest Road Closures 2022 Exhibit A Summerfest Road Closures 2022 ell, �* 'mob + 4• r. ._ .. ". ,. I r. IF Mercedes St J Wrr. ,r F ; Fourth St ti� ..;w ...r.. Third St ; Summerfest 2022 Events 5 f Main St • High Hopes Summer Concert I WNW. ,-9 Closes 3 PM on July 1stF t a;y 4 Reopens 9 PM on July 1 st #` q • Stuff the Bus Event Closes 3 PM on July 22 Reopens 11 PM on July 23 rr r r • Vegan District Food Fair* =l`: !� Closes 7 AM on August 20 28636 Old Town Front St ; r -t. Reopens 10 PM on August 20 r .� •�a f Second St ., {_ r.40 Road Closure Item No. 24 ACTION MINUTES TEMECULA COMMUNITY SERVICES DISTRICT MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MAY 24, 2022 CALL TO ORDER at 6:44 PM: President James Stewart 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 Rahn. The vote reflected unanimous approval. 21. Approve Action Minutes of May 10, 2022 Recommendation: That the City Council approve the action minutes of May 10, 2022. 22. Set Public Hearing to Approve TCSD Proposed Rates and Charges for Fiscal Year 2022-23 Recommendation: That the Board of Directors adopt a resolution entitled: RESOLUTION NO. CSD 2022-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2022-23 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 6:58 PM, the Community Services District meeting was formally adjourned to Tuesday, June 14, 2022 at 4:30 PM for a Closed Session, with a regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. James Stewart, President ATTEST: Randi Johl, Secretary [SEAL] Item No . 25 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Erica Russo, Director of Community Services DATE: June 14, 2022 SUBJECT: Approve the Artworks Selected by the Members of the Utility Box Art Project Selection Committee PREPARED BY: Tracy Frick, Community Services Manager RECOMMENDATION: That the Board of Directors approve the artworks selected by the members of the Utility Box Art Project Selection Committee to be reproduced on vinyl and wrapped on Old Town Temecula Utility Boxes. BACKGROUND: On October 27, 2020, staff presented a Public Arts Roadmap, which included a Utility Box Art Program to the Arts & Cultural Affairs Subcommittee (Edwards/Schwank). The presentation recommended a program of utility box wraps compatible with the use of Public Art funds and would provide opportunities for working with local artists. The subcommittee directed staff to move forward with exploring options for the Utility Box Public Art program. Staff successfully researched ownership and obtained permissions and quotes to vinyl wrap up to 17 utility boxes throughout Old Town Temecula. Staff also received approval on March 22, 2022 from the Arts & Cultural Affairs Subcommittee to move forward with the Call for Artists and the creation of the Utility Box Art Project Selection Committee. The Call for Artists was released to the community on April 11, 2022 with a broad theme of "Temecula" and a submission deadline of May 6, 2022 at 5pm. The art selection committee was provided anonymous digital copies (artist name redacted to ensure fairness), selection criteria, and ranking sheets for all art submissions on May 11 th for advanced review. After this review, art selection committee members met on May 25th, 2022, and selected 17 entries and 2 alternates. The Art Selection Committee included A. Nine (9) voting members: a. Mayor ProTem, and Arts & Cultural Affairs Subcommittee Member Zak Schwank b. City Council and Arts & Cultural Affairs Subcommittee Member Maryann Edwards c. Temecula Community Services Commission Chair Kathryn Sizemore d. Old Town Local Review Board Chair Ross Jackson e. Planning Commission Chair Gary Watts f. Public Traffic Safety Commission Commissioner Bradley Sullivan g. Race, Equity, Diversity, and Inclusion Commission Chair Denyse Wilson h. Bonnie Martland, Temecula Valley Museum, Inc. Board President, and former Arts Teacher at TVUSD i. Tony Moramarco, owner Bigfoot Graphics and Art Instructor B. Three (3) non -voting members: a. Bea Barnett, Community Services Superintendent b. Tracy Frick, Project Manager and Community Services Manager c. Isabel Aguilera, Project Coordinator and Community Services Recreation Leader The Art Selection Committee selected the attached art for digital reproduction and installation on 17 Utility Boxes in Old Town Temecula in July 2022. Once approved by Council, staff will initiate the installation of the selected artwork. FISCAL IMPACT: The fiscal impact of $21,400 has been budgeted as part of the Annual Operating Budget. ATTACHMENTS: Seventeen pieces of Artwork and two alternate pieces '�I IL Artist # 21 All Things Temecula A nod to some of the things representative of Temecula that have taken root in this area (shown via the branched oak tree) and what it's known for, which include: Wine and the grape vineyards, Old West history, hot air ballooning, golfing, beautiful rolling vistas and wonderful sunset views and climates. Artist # 9 Iconic Temecula, 2022 This piece was inspired by the unique history and culture of Temecula. My family came here in 1989 and I have watched the valley flourish from a few housing tracts to a bustling city. The icons shown are personal reminders of how this city has shaped my life, from going to the Rod Run and Duck Pond as a child, to relaxing at the wineries and raising my kids here as an adult. I hope to share these memories with both visitors and locals. Artist # 3 Living on the Rainbow When I first visited Temecula I thought it was one of the best towns I had ever seen (growing up in Los Angeles). Now that I have been lucky enough to spend the best years of my life here I feel like I'm living on a rainbow and Temecula is the pot of gold! Artist # 24 Temeculand! My inspiration for this piece came from theme park maps. As a Disneyland passholder for over 20 years, I remember a cast member handing me the map when I entered the park as a child and the excitement it gave me... the anticipation of all the fun things we would do at the park that day. I remember clutching it and referencing it everywhere we went throughout the day. Though, most of all I appreciated the art that went into making them. They tend to throw traditional art methods like perspective and scale out the window. I did a deep dive into theme park maps from across the county in preparation for this piece, taking inspiration from many. When creating this piece, I wanted to do something that would highlight all the fun things there are to do in the city of Temecula. Things that appeal to people of all ages while still appealing to the theme park aesthetic. I was able to turn Old Town into an old western theme town, the duck pond became a photo op at the heart of the park (much like Cinderella's castle), for commerce/souvenirs I included the Temecula Mall (the greatest mall in the County), Ronald Reagan Memorial Park became a land for skating and water fun, and, of course, we have hot air balloon rides. While not directly a part of Temecula, I did include major draws to the area, using Pechanga to create Casino Run on the edge of the park and an exit (much like the one found at Galaxy's edge) that leads to another world of adventure... Wine Country. I tried to keep everything in the general layout of the actual City. Now, there isn't a lot to do on the northwest side of town except for the commercial buildings and the DMV, which is why I created the Teenage Test Track. Since my teenagers and all the others in the area head that way to test for their driver's licenses, this was a perfect opportunity to include Temecula's own Autopia of sorts. The style of this piece is something I use in many of my personal pieces which I have come to call Simply Complicated. While no one part of this piece is anything special, all the tiny line art and details come together to make a much more thoughtful and complicated piece that catches the eye from far away but draws people into piece to admire all the tiny details. Artist # 23 Temeculuck When I think of Temecula, I think of the duck pond, and a diverse and unique community. With these ideas in mind, I set out to create a piece with a diverse paddling of brightly colored ducks. I believe that it will bring a fun pop of color to the area and people passing by will enjoy looking at all the different ducks! One version is text free, while the other version spells out "Temecula" with the silhouettes of more ducks. I call it "Temeculuck." Artist # 63 Haven Avenue Temecula Valley boasts many attractions to be enjoyed by residents and visitors. In thinking beyond the wineries and the balloon festival for which it is well known, I decided on the lesser -known Rose Haven Heritage Garden, situated off Jedediah Smith Road, a 3.4 acre private garden, open to the public and maintained by the Temecula valley Rose Society. Temecula Valley is highly suited to the cultivation of roses as it provides a climate conducive to their growth and development. Parties and celebrations as well as individual contemplation and meditation are invited here. I've enjoyed this garden experience several times with my daughter and also with her family. It truly offers an avenue to have a protracted experience, much like a haven would offer. Sharing this idea in a painting seemed a good fit for me. And so, I've chosen this beautiful garden, or collection of garden experiences really, as my inspiration. It was hard to decide on just one area in this varied expanse of vistas. This painting in acrylics depicts the fence at the edge of the property near the entrance, with a view of the mountains so typical of Temecula, which give it its ideal valley climate, and a selection of roses that are somewhat representative of the exceptional variety of floral treasurers within. � 6 - r ' ° OW Artist # 58 The Merc I remember the merc from my first days in Temecula when it had wonderful antiques for sale. Now The Merc is a venue for ticket sales to the theater right next door and a small intimate spot for music concerts: Jazz, Country, you name it! Artist # 64 Mountain Lion Roaming all of the southwest & Temecula. Artist # 12 It's Pouring This is a reformat of an original acrylic painting of pouring wine bottles into glasses on an abstract background. I feel that is captures the light of the Temecula valley and fits with my mid century meets modern aesthetic. I try to capture energy in my work whether the subject be inanimate or not. "t�1, �„�.� 4'�J �� �1r.r l ` tle� '� ti•-.'.f'�i1"���Vlfl .✓ �_ �' = �..,. `�J�,-r I 1, iR . (�,�'' �r . Ak 1,47 -•-�/� �.7���'�/ / � �i�,ia� � ���\Y;..�.2-j�,l i t�\tic/� ti :1 /�y�� a 1 vv �r 'q A <.. t i Artist # 13 California Poppies After a rare rainy winter our local hills are covered with beautiful California poppies, and once you see them in full bloom you will never forget them. Even in dry years you can see them in spring popping up here and there along our hiking trails and even occasional working their way through cracks in pavement. ,�� , I �.: il,. I ,. . �� 4 r�� u i I I ,7., ,,,. /I�iYjI.�VI ill I � I7 I.. � II I. I �� I �i� �� ' 4F!�"Piny'. ';;4 I r_� I' - '�i 1"�it I .,`.I I{ II>IJ IiNII , � IvI Q�fY� t ` ' i ' a +k�4��aI ,!'� t 1. � 1 �, „ II �� I,I v. _ I , � y, � l�. " h � I �.r-. M1i1 I r � I� if; / �,� t tI �i..s �5i� i J '?. F' ,� � C - � O >: v -.� . ''i'p:q; �,y i' t �.„�h �* � � , li( Ir, !��� � .. I Aw -�- r `Val I vii Artist # 7 _7 Rose Haven I have often thought of the many hands that have cultivated immense beauty at the Rose Haven in Temecula. I have seen people wandering and lingering, smelling the flowers, capturing the beauty on their cameras, and celebrating life by being there with a friend. The Rose Haven has been like a welcomed hug when I needed to be still and shed some tears. This vibrant garden has inspired dreams and helped me to see different perspectives The art piece was to express gratitude to those with dirt under their nails, a sun hat on, and a desire to tend to the growth and blooms at the Rose Haven. Artist # 59 Red Neckerchief This grizzly wizened mustachioed cowboy has experience showing his face. The neckerchief, an important part of the clothing worn by working cowboys stands out prominently. Artist # 45 -14 Vail Ranch, Bringing in Cattle Vail Ranch was a large sprawling working ranch. Cowboys came from many other places to work there. Artist # 14 Digital Vineyard Sunset Scene Represents the beautiful Temecula Valley and it's glorious Balloons and grapevines. Image created on Pad and tweaked in Photoshop Item No . 26 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Erica Russo, Director of Community Services DATE: June 14, 2022 SUBJECT: Approve Non -Exclusive Entertainment Services Agreement with TNT Entertainment Group, LLC for Entertainment and Technical Services PREPARED BY: Dawn Adamiak, Community Services Superintendent RECOMMENDATION: That the Board of Directors approve a non-exclusive entertainment services agreement with TNT Entertainment Group, LLC for entertainment and technical services. BACKGROUND: TNT Entertainment Group, LLC, has been providing high quality entertainment and technical services at signature special events, activities, and programs for over five years. They have provided entertainment and technical services to signature events such as, New Year's Eve Grape Drop, Patriotic Salute to Veterans, and the annual Halloween Family Carnival. The owners and staff are reliable, professional, and work well with performers, musicians, and City staff. Staff recommends approving the two-year agreement for entertainment and technical services. FISCAL IMPACT: The total Fiscal Impact is not to exceed $200,000 for the two-year term of the agreement. Funding was requested in the annual operating budget process. ATTACHMENTS: Agreement NON-EXCLUSIVE ENTERTAINMENT SERVICES AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND TNT ENTERTAINMENT GROUP, LLC ENTERTAINMENT AND TECHNICAL SERVICES THIS AGREEMENT is made and effective as of June 14, 2022, between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and TNT Entertainment Group, LLC, an S Corporation (hereinafter referred to as "Entertainer"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: TERM This Agreement shall commence on June 14, 2022, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2024, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for one (1) additional one (1) year term. In no event shall the contract be extended beyond June 30, 2025. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. 2. SERVICES Entertainer shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Entertainer shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Entertainer shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Entertainer shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Entertainer hereunder in meeting its obligations under this Agreement. 4. LOCATION AND REALIABILITY OF PERFORMANCE The date, time, and location of Entertainers performance shall be determined at the time of City's request for "Event Price Quote/Agreement". All entertainment shall be provided within City limits. Time and reliability are of the essence in this Agreement. 5. PAYMENT a. The City agrees to pay Entertainer in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, 08/06/2021 attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Two Hundred Thousand Dollars and No Cents ($200,000.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Entertainer will submit invoices for actual services performed. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Entertainer's fees, it shall give written notice to Entertainer within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Entertainer shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 6. NON-EXCLUSIVE AGREEMENT Entertainer understands this is a non-exclusive Agreement between the City and Entertainer and no guarantee of work or cost as outlined in Sections 2 and 5 is given or implied. 7. EQUIPMENT/MATERIALS Entertainer(s) shall provide their own sound equipment and any other special equipment and materials that are required for the performance unless other arrangements are made in writing and approved with the City prior to the performance. Sound equipment shall be adequate for the size of the anticipated audience and location of the performance. The City reserves the right to inspect all equipment and/or materials being used for any performance. 8. USE OF COPYRIGHTED MATERIAL The Entertainer shall be fully responsible for paying any legally required royalties of fees for the use by the Entertainer of copyrighted material and shall comply at all times with all applicable copyright laws. 9. ASSIGNMENT The Entertainer shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Entertainers sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City and Entertainer. 10. SUSPENSION, TERMINATION, OR CANCELLATION OF PERFORMANCE AND AGREEMENT WITHOUT CAUSE a. A performance may be cancelled, terminated, or suspended at any time, with or without cause, at the sole discretion of the General Manager or his delegate without default or breach of this Agreement by the City. The City may also at any time, for any reason, with or without cause suspend or terminate this Agreement, or any portion hereof, by serving upon the Entertainer at least ten (10) days prior written notice. Upon receipt of said notice, the Entertainer shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates this Agreement, or a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. 08/06/2021 b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Entertainer the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Entertainer will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 11. DEFAULT OF ENTERTAINER a. The Entertainer's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Entertainer is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Entertainer for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Entertainer. If such failure by the Entertainer to make progress in the performance of work hereunder arises out of causes beyond the Entertainer's control, and without fault or negligence of the Entertainer, it shall not be considered a default. b. If the General Manager or his delegate determines that the Entertainer is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Entertainer with written notice of the default. The Entertainer shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Entertainer fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 12. INDEMNIFICATION The Entertainer agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Entertainer's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 13. INSURANCE REQUIREMENTS Entertainer shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Entertainer, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: CG 00 01 11 85 or 88. 1) Insurance Services Office Commercial General Liability form No. 08/06/2021 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Entertainer owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Entertainer has no employees while performing under this Agreement, worker's compensation insurance is not required, but Entertainer shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Entertainer shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. Entertainer warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty -Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The Entertainer's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2) 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. 3) If insurance coverage is canceled or, reduced in coverage or in limits the Entertainer shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Entertainer shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Entertainer's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 08/06/2021 14. INDEPENDENT CONTRACTOR a. Entertainer is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Entertainer shall at all times be under Entertainer's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Entertainer or any of Entertainer's officers, employees, or agents except as set forth in this Agreement. Entertainer shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Entertainer shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Entertainer in connection with the performance of this Agreement. Except for the fees paid to Entertainer as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Entertainer for performing services hereunder for City. City shall not be liable for compensation or indemnification to Entertainer for injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILITIES The Entertainer shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Entertainer shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Entertainer to comply with this section. 16. RELEASE OF INFORMATION a. All information gained by Entertainer in performance of this Agreement shall be considered confidential and shall not be released by Entertainer without City's prior written authorization. Entertainer, its officers, employees, agents or subcontractors, shall not without written authorization from the General Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Entertainer gives City notice of such court order or subpoena. b. Entertainer shall promptly notify City should Entertainer, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Entertainer and/or be present at any deposition, hearing or similar proceeding. Entertainer agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Entertainer. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 08/06/2021 17. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 To Consultant: TNT Entertainment Group, LLC Attn: Tori Daniels 40345 Calle Torcida Temecula, CA 92591 18. LICENSES At all times during the term of this Agreement, Entertainer shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 19. GOVERNING LAW The City and Entertainer understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 20. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Entertainer, or Entertainer's sub -contractors for this project, during his/her tenure or for one year thereafter. The Entertainer hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Entertainer or Entertainer's sub -contractors on this project. Entertainer further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 08/06/2021 21. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 22. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Entertainer warrants and represents that he or she has the authority to execute this Agreement on behalf of the Entertainer and has the authority to bind Entertainer to the performance of its obligations hereunder. The General Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 08/06/2021 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 James Stewart, TCSD President ATTEST: By: Randi Johl, Secretary APPROVED AS TO FORM: By: 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: Tori . a els, President Peter M. Thorson, General ENTERTAINER Counsel TNT Entertainment Group, LLC Attn: Tori Daniels 40345 Calle Torcida Temecula, CA 92591 951-693-1680 torimdaniels(&vahoo.com City Purchasing Mgr. Initials and Date: c�— �19 2ti a 08/06/2021 TASKS TO BE PERFORMED Entertainer and/or his sub -contractors shall provide performances, on an as needed basis, upon request of the City of Temecula. Entertainer recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Entertainer for future performances at City events and recreational activities. The procedure for assigning work is set forth as follows: The General Manager or their designee's shall submit to the Entertainer a written or verbal request for performance. The type of performance, location, date, and time shall be described or conveyed to the Entertainer. 2. Within five (5) business days of the date of the written or verbal request for performance, the Entertainer shall respond in writing with an event price quote/Agreement. 3. Upon acceptance of the Entertainers response by the General Manager and/or the Director of Community Services or their designee's, the Entertainer shall proceed to "book" the event. The Entertainers performance or the performance of any sub -contractors of any event shall be pursuant to the terms of this Agreement. 4. Performances throughout the term of the Agreement, may include, but not limited to the following: a. Symphony Concerts b. 4th of July Extravaganza c. Summer Concert Series d. New Year's Eve Grape Drop e. Temecula CultureFest f. Juneteenth 5. Scope of Services a. The Entertainer shall provide professional Disc Jockey/Master of Ceremony (DJ/MC), Entertainment and Technical Services for a variety of special events throughout the year b. The Entertainer will provide sound, stage, and lighting services and inflatable movie screens as necessary C. Responsible to ensure the availability of complete concert quality sound system(s) and component equipment, as and where required d. Rental, transportation, set-up and tear -down of all sound systems and equipment including lights, stage and movie screens e. Provide sound technician, monitoring services and light technician, as and where required f. Sound monitoring level devices on all stages and equipment for all events and personnel shall respond to the requests of event staff regarding noise levels during performances g. Signature events may require set-up of equipment one day prior to the event including sound checks 08/06/2021 h. Booking quality, family -friendly bands and managing the stage i. Entertainer employees must present themselves in a professional manner both in appearance and attitude while on -site j. Sound technician should be on -site prior to opening of event and stay through the end of the event as designated by City Event Staff k. DJ/MC shall provide professional public speaking, proper use of a microphone, posture, staging and movements I. Technical aspects include proper introductions, opening and closings, transitions, and presiding over the ceremonial aspects of an event M. Clear understanding of current music and trends, appropriate lyrics and what works for a variety of people, ages, and backgrounds 10 08/06/2021 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 $200,000.00 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 Entertainer this amount in services. 11 08/06/2021 Item No . 27 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Erica Russo, Director of Community Services DATE: June 14, 2022 SUBJECT: Approve Amendment to the Cooperation Agreement with the Temecula Valley Museum, Inc. for the Operation of the Wedding Chapel, Courtyard and Concessions Facility PREPARED BY: Tracy Frick, Community Services Manager RECOMMENDATION: That the Board of Directors approve the amendment to the cooperation agreement with the Temecula Valley Museum, Inc. for the operation of the wedding chapel, courtyard, and concessions facility. BACKGROUND: The Temecula Valley Museum facility comprises a museum, chapel, concessions facility, and public park. The Temecula Valley Museum is located at 28314 Mercedes Street in Old Town Temecula. It is a 7,200-square foot two-story history -based facility with permanent and rotating exhibits and houses a 511-square foot gift shop. The Chapel of Memories is located at 28300 Mercedes Street in Old Town Temecula. The Chapel of Memories is 3,400- square feet, consisting of the former St. Catherine's Church (a historic structure) with an attached fenced courtyard. The adjacent Concessions Facility, also located at 28300 Mercedes Street in Old Town Temecula, is 200-square feet and includes cabinetry, a sink, a refrigerator, and a utility closet with sink. From the opening of the Temecula Valley Museum and Chapel of Memories until 2019, the Temecula Valley Museum, Inc., a non-profit organization, managed both the gift shop and chapel rental operations. Proceeds from the gift shop and Chapel operations have allowed contributions of items by Temecula Valley Museum, Inc. including a new refrigerator, exhibit cases, DVD player and monitor, new carpeting, window coverings and furnishings for the Chapel. In addition, funding for security cameras and monitors, computers, video transfers, special exhibit receptions, and acquisitions for the Museum's permanent collection including historic books, paintings and motorized vehicles have also been provided. In 2019, due to difficulty maintaining consistent operations of the gift shop, the Temecula Valley Museum, Inc. Board of Directors determined that it was in the best interest of the organization and the City to relinquish the right to operate the 51-square foot gift shop to the City while retaining right of first refusal should the issue be revisited in the future. Temecula Valley Museum, Inc. continues in its mission to lead revenue generation and fund- raising activities to enhance and assist in the operation and maintenance of the Museum facility and Chapel through operation of the Wedding Chapel, Courtyard and Concessions facility. This agreement extends to June 30, 2027, the current right of the Temecula Valley Museum, Inc. to use the 3,400 - square foot Chapel, provides right of first refusal should the City wish to discontinue operations of 511-square foot museum gift shop, and continues Temecula Valley Museum Inc.'s use of the 200 -square foot courtyard and concessions facility adjacent to the Chapel to hold fundraising events and opportunities. Proceeds from the courtyard and concessions facility will continue to be utilized to offer additional educational opportunities to the public. FISCAL IMPACT: City of Temecula will receive revenue in the amount of 10% of net proceeds from Chapel operations, paid quarterly. This revenue and any costs associated with facility maintenance have been included as part of the Annual Operating Budget process. ATTACHMENTS: Agreement FIRST AMENDMENT TO AMENDED AND RESTATED COOPERATION AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND TEMECULA VALLEY MUSEUM, INC. FOR THE OPERATION OF THE WEDDING CHAPEL, COURTYARD AND CONCESSIONS FACILITY This FIRST AMENDMENT TO AMENDED AND RESTATED COOPERATION AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND TEMECULA VALLEY MUSEUM, INC. FOR THE OPERATION OF THE WEDDING CHAPEL, COURTYARD AND CONCESSIONS FACILITY ("First Amendment") is made and entered into as of June 14, 2022 by and between the Temecula Community Services District ("TCSD") and Temecula Valley Museum, Inc. a California non-profit corporation ("Association"). The TCSD and the Association are referred to below collectively as the "Parties". In consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows: 1. Recitals. This First Amendment is made with the respect to the following facts and for the purposes, which the Parties acknowledge are true and correct: A. On February 12, 2019 ("Effective Date"), the City and Association entered into that certain Agreement titled "Amended and Restated Cooperation Agreement Between Temecula Community Services District and Temecula Valley Museum, Inc. for the Operation of the Wedding Chapel, Courtyard and Concessions Facility" ("Agreement"). B. The Parties desire to extend the term of the Agreement to June 30, 2027 as authorized pursuant to Section 3 and to provide the Parties the option to extend the Agreement for an additional five-year term. Accordingly, the Parties agree to amend Section 3 of the Agreement as set forth in this First Amendment. 2. Subsection A. ("Term") of Section 3. ("Term; Termination") of the Agreement is hereby amended to read as follows: A. Term. This Agreement will remain and continue from the Effective Date until June 30, 2027, unless sooner terminated by the Parties pursuant to Section 3.13. below. The Parties may mutually agree to extend the term for one additional five-year term. If the Parties agree to extend the term by the additional five-year term, the Agreement will terminate on June 30, 2032. The Parties will confirm any such additional extension of the term by entering into a written amendment executed by both Parties. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the date set forth below. TEMECULA COMMUNITY SERVICES DISTRICT Dated: By: James Stewart, President Attest: By: Randi Johl, Secretary Approved as to form: By: Peter M. Thorson TEMECULA VALLEY MUSEUM, INC (Two signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) Dated: 6-1-1 , By Bette B. Martland, President Dated: 5-1 / %' Zo ZZ- By: Uaj Dale Garcia, Treasurer F) Item No . 28 CITY OF TEMECULA / TEMECULA COMMUNITY SERVICES DISTRICT / SARDA AGENDA REPORT TO: City Council/Board of Directors FROM: Aaron Adams, City Manager/General Manager/Executive Director DATE: June 14, 2022 SUBJECT: Approve Fiscal Years 2023-27 Capital Improvement Program (CIP) and Adopt Fiscal Year 2022-23 CIP and Annual Operating Budgets for the City of Temecula, the Temecula Community Services District (TCSD) and the Successor Agency to the Redevelopment Agency (SARDA) PREPARED BY: Jennifer Hennessy, Director of Finance/Treasurer RECOMMENDATION: That the City Council/Board of Directors adopt the following resolutions entitled: RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2023-27 AND ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEAR 2022-23 RESOLUTION NO. CSD 2022- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING THE FISCAL YEAR 2022- 23 PRELIMINARY ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS RESOLUTION NO. SARDA 2022- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE CAPITAL IMPROVEMENT PROGRAM FISCAL YEARS 2023-27, ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEAR 2022-23, ADOPTING THE FISCAL YEAR 2022-23 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FISCAL YEAR 2022-23 ANNUAL OPERATING BUDGET, ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS, ESTABLISHING CONTRACT AUTHORITY OF CITY MANAGER, ESTABLISHING LAWSUIT SETTLEMENT AUTHORITY OF CITY MANAGER RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2022-23 DISCUSSION: At its May 19, 2022 Budget Workshop, the City Council was presented the Proposed Fiscal Years 2023-27 Capital Improvement Program and 2022-23 CIP and Annual Operating Budgets for the City, Temecula Community Services District (TCSD), and the Successor Agency to the Temecula Redevelopment Agency (SARDA). At this workshop, the Council recommended bringing forward the Fiscal Years 2023-27 CIP and Proposed Budgets in their entirety. Since the workshop, TCSD staff requested an additional $175,000 in Fiscal Year 2021-22 Contract Class revenue, due to the high demand for classes and activities generated with the release of the latest activities guide. The corresponding payment to Contract Class instructors of $122,500 is also reflected in the TCSD expenditure budget. The attached Transmittal Letter summarizes the highlights of the Fiscal Year 2022-23 Proposed Annual Operating Budget and Fiscal Years 2023-27 Capital Improvement Program documents. FISCAL IMPACT: The specific fiscal impacts by Fund are noted in the Fiscal Years 2023-27 Capital Improvement Program and Fiscal Year 2022-23 Annual Operating Budget documents. ATTACHMENTS: 1. Transmittal Letter 2. Resolution - Approving the CIP for Fiscal Years 2023-27 and Adopting the CIP Budget for Fiscal Year 2022-23 3. Resolution - Adopting the Fiscal Year 2022-23 TCSD Preliminary Annual Operating Budget 4. Resolution — Approving the SARDA CIP Fiscal Years 2023-27 and Adopting the CIP Budget for Fiscal Year 2022-23, and Adopting the Fiscal Year 2022-23 Annual Operating Budget 5. Resolution - Adopting the Fiscal Year 2022-23 Annual Operating Budget 6. Resolution - Schedule of Authorized Positions 7. Resolution - Appropriations Limit for Fiscal Year 2022-23 City of Temecula Fiscal Year 2022-23 Annual Operating Budget June 14, 2022 Honorable Mayor and Members of the City Council: I am pleased to submit the Proposed Annual Operating Budget for the Fiscal Year 2022-23. This budget document was developed to serve as the financial plan for the City's programs and policies. It reflects the resources necessary to meet the goals, programs, and service priorities that the City Council is committed to providing its citizens. The Fiscal Year 2022-23 Proposed Annual Operating Budget has been developed after a considerable review process. Departmental budget submittals were prepared and reviewed by line item in connection with projected revenues. Detailed performance objectives and accountability measures were developed consistent with the City's Quality of Life Master Plan. Five-year revenue and expenditure projections were developed to identify the future impacts of proposed staffing and program changes, as well as the impact of proposed capital improvement projects. The resulting budget is realistic and balanced and continues to provide quality services to the community while effectively utilizing available resources. As you will read below, the City has fully rebounded from the COVID-19 global pandemic and the local economy remains strong. The City's General Fund is not only balanced for the ensuing fiscal year, but also projected to be balanced for the next five fiscal years. Additionally, the City's reserve funds are fully funded across all five years of the long-range financial forecast. CITY OF TEMECULA PROFILE The City of Temecula is a dynamic community comprised of approximately 109,925 citizens. The City maintains 42 parks on 337 developed acres throughout the community, which provide recreation opportunities for both the citizens of Temecula, as well as surrounding communities. Police and Fire protection services are provided through contracts with Riverside County. The Temecula Valley Unified School District provides 32 schools with 26,562 students at the kindergarten through 12th grade levels within the City. The City of Temecula prides itself on its community focus and quality of life. Temecula's residents enjoy one of the finest lifestyles Southern California has to offer. Environmental and residential factors create a beautiful setting that attracts young, well- educated families to upscale homes that are relatively inexpensive by Southern California standards. Geography contributes to the City's population and retail growth from San Diego and Orange Counties. Temecula's leadership has approached economic growth from a qualitative standpoint, providing the City with a favorable share of the region's higher paying and high technology career opportunities. The City's average income levels are higher than the surrounding region, the educational performance of its young people is above the state average, and Temecula has been recognized as one of Nation's safest cities. 41000 Main Street, Temecula, CA 92590 ♦ Phone (951) 694-6444 ♦ Facsimile (951) 694-6479 City of Temecula ' Fiscal Year 2022-23 a Annual Operating Budget The i",L-Ar�of sa c ECONOMIC INDICATORS The City of Temecula monitors several economic and demographic indicators, which play a role in the development of revenue projections. Q Population Median Households Average Median #of Jobs Unemployment 109,925 Age 36,626 Income Home Price 55,400 Rate 2.9% 36.1 years $143,718 $766,000 (Apr'22) (Apr'22) • Estimated Population: down 2.5% from 2021 (Source: State Department of Finance) • Median Age: up 0.4 years from 2021 (Source: claritas360Report— 10126121) • Number of Households: up 0.7% from 2021 (source: claritos360Report —10126121) • Average Household Income: up 8.3%from 2021 (source:Claritas360Report —10126121) • April Median Home Price: up 19.7% from April 2021 (Source: Southwest Riverside County Association of Realtors) • Number of Jobs: up 0.5% from 2021 (source: EDD) • April Unemployment Rate: down from 5.8% in April 2021, Riverside County: 3.8%, CA: 4.6%, Nation: 3.6% (source: EDD & BLS) Temecula continued to see growth in the majority of its economic indicators, with significant growth noted in the housing market due to low inventory of homes on the market combined with record low mortgage rates. Population figures decreased statewide by 0.3 percent. Although Riverside County as a whole increased by 0.5 percent, Temecula saw a decrease of 2.5% from the previously reported estimate. LOCAL ECONOMY AND LEGISLATIVE IMPACTS Local Economy As the nation rebounds from the global COVID-19 pandemic, Temecula's economy remains healthy, safe and in -demand. Both national retailers and local entrepreneurs continued to invest in Temecula by opening businesses during the pandemic or have started construction. With Temecula's regional shopping mall, Old Town district, and auto mall, shoppers from the entire Temecula Valley region contribute to the City's sales tax base. Temecula is currently ranked in the top 13% in California for sales tax per capita, out of 539 reporting agencies, and the Promenade Mall, located within Temecula, is currently above 90% leased. 41000 Main Street, Temecula, CA 92590 ♦ Phone (951) 694-6444 ♦ Facsimile (951) 694-6479 City of Temecula Fiscal Year 2022-23 Annual Operating Budget The The Temecula economy continues to attract new businesses, with several new establishments that have recently opened or are expected to open soon. Both national franchises and local establishments alike will be a welcomed addition to the local economy. iSTAYL "L""L i S U I T E S v L � c cookies ®BE111HRnR LONGHORN' amazon • THE JHPRNE5E5TERHNGIISE STEAKHOUSE Temecula's retail rent per square foot has increased by 13% over the past year to a rate of $2.55 per square foot. Similar to retail rent, both office and industrial rent have also increased over the past year. However, as businesses rebound from the pandemic, the retail vacancy rate continues to be higher than pre -pandemic levels. Retail Market Rent 2021 2022 $2.26/sq.ft. $2.55/sq.ft. Retail Vacancy Rate 2021 2022 7.10% 16.40% Office Rent 2021 2022 $1.93/sq.ft. $2.01/sq.ft. Industrial Rent 2021 2022 $0.99/sq.ft. $1.27/sq.ft. Temecula's hospitality and tourism sector continues to experience a healthy economic rebound. Hoteliers remain economically positive in the Temecula market with increasing occupancy and average daily rates. Additionally, a total of six new hotel establishments are currently in the Planning process. Hotel Occupancy Hotel Average Daily Rate Mar'21 Mar'22 Mar'21 Mar'22 42.90% 68.30% $104.62 $121.72 Development activity within Temecula reached historic levels during 2021, with over 1,000 building permits issued each quarter. The community experienced a 10% increase in land development permits, a 68% increase in new home permits, and a 33% increase in building permits over the past year. Land Development Permits New Homes Permits Building Permits 2020 2021 2020 2021 2020 2021 788 870 272 456 3,486 4,652 Legislative Impacts The City of Temecula actively follows state and federal legislative proposals each year and works closely with the League of California Cities and the National League of Cities to stay informed and engaged to ensure the City supports legislation that aligns with the City's local legislative platform guiding principles: 41000 Main Street, Temecula, CA 92590 ♦ Phone (951) 694-6444 ♦ Facsimile (951) 694-6479 City of Temecula Fiscal Year 2022-23 Annual Operating Budget I. Preservation of Local Control - Support measures that preserve and protect the City's general law powers and duties to enact legislation and policy direction concerning local affairs. Oppose measures that preempt local authority. II. Promotion of Fiscal Stability - Support measures that promote fiscal stability, predictability, and financial independence. Support measures that preserve and promote the City's revenue base. Oppose measures that mandate costs with no guarantee of local reimbursement or offsetting benefit. Oppose measures that shift local funds to the county, state, or federal government, without offsetting benefit. III. Support Funding Opportunities -Support measures that allow the City to compete for its fair share of regional, state and federal funding including competitive grants and other funding programs. Support measures that promote dedicated funding streams at the regional, state and federal levels allowing the City to maximize local revenues, offset and leverage capital expenditures, and maintain City goals and standards. Recent legislation that potentially impacts the City's operations include the following: California Senate Bill 1383 (Recycling Organic Waste) - On January 1, 2022, SB1383 went into effect, requiring the recycling of organic waste. The law is in response to a statewide effort to reduce emissions of short-lived climate pollutants (SLCP) in an effort to achieve the state's climate goals and the 75% organic waste diversion goal by 2025. The financial impact to the City's budget is not yet fully known, but it is anticipated that the City will provide administrative oversight for the program and potential economic impacts to commercial development are expected. Initiative 21-0042 (The Taxpayer Protection and Government Accountability Act) — The ballot measure, if approved, would define all levies, charges, and fees as taxes. All of these would require a two-thirds legislative vote and voter approval to be enacted. Currently, a two-thirds majority vote is required for the approval of new or increasing special-purpose taxes. A general-purpose tax requires a simple majority approval. This ballot measure would greatly impact the City's ability to maintain fees and charges to keep pace with inflation or enact or modify general-purpose taxes in the future. 2022-23 GOALS AND OBJECTIVES 110011hom The City Council adopted the Temecula 2030 Quality of Life Master Plan (QLMP) in October 2011. The QLMP defines the strategic priorities of S C U t Temecula's residents, leaders, and partners for the City's next twenty years. F It reflects the vision for the City's future and commits the City to aPi performance -based process to accomplish those goals. This plan was LM developed by engaging residents, businesses, local institutions, and regional 1�4�`� partners in an inclusive process. 9 s r E V� 4 / 41000 Main Street, Temecula, CA 92590 ♦ Phone (951) 694-6444 ♦ Facsimile (951) 694-6479 City of Temecula Fiscal Year 2022-23 Annual Operating Budget The QLMP outlines six Core Values: �,y Healthy and Livable City d A Sustainable City Economic Prosperity ��\� Transportation Mobility and Connectivity k,nX A Safe and Prepared Community V Ta Accountable and Responsive City Government In an effort to incorporate the QLMP into the City's budget process, City of Temecula executive staff developed goals based on the Core Values of the Quality of Life Master Plan. These goals are used by each department to develop short-term objectives and performance measures for completion in the upcoming fiscal year and are reflected in the Department Information and Performance Measures sections of the budget document. The City is in the process of updating the QLMP and will be revisiting each of the six Core Values through a Blue Ribbon Committee and extensive community outreach. A seventh Core Value related to the Race, Equity, Diversity, and Inclusion (REDI) initiative will also be evaluated as part of this QLMP update. GENERAL FUND ANALYSIS The General Fund forecast over the coming five years is balanced, with its Reserve for Economic Uncertainty and its Secondary Reserve fully funded in all five years. Ending fund balance for Fiscal Year 2022-23 is projected to be $48,534,318, of which $22,990,124 is committed to fulfilling the Fund's policy -level reserves of 25% of Operating Expenditures. A total of $386,630 of fund balance is committed to cover the costs of a Police Officer position funded by the Pechanga Tribe, plus $479,443 is assigned to future Capital Improvement Projects. A total of $24,678,121 in fund balance is unassigned and available for one-time appropriations. FY22-23 General Fund Balance $48,534,318 50,000,00o 45,000,000 40,000,000 Available (Unassigned) 35,000,000 Fund Balance 30,000,000 Assigned/ 25,000,000 Committed 20,000,000 - Secondary Reserve 15,000,000 (5%) 10,000,000 ,,, Reserve for Economic 5,000,000 Uncertainty (20%) General Fund Revenue Highlights Fiscal Year 2022-23 General Fund revenue is projected to increase by 3.2% over the prior year with a total of $103,455,801. Tax revenues are projected to increase by 4.3%. Total revenue includes the second and final deposit of Federal American Rescue Plan Act (ARPA) funding of $7,039,754, used to fund public safety services. 41000 Main Street, Temecula, CA 92590 ♦ Phone (951) 694-6444 ♦ Facsimile (951) 694-6479 115,000,000 105,000,000 95,000,000 General Fund 5-Year Projections Revenues over Expenditures A(tua15 Projected 85,000,000 - 75,000,000 - — City of Temecula Fiscal Year 2022-23 Annual Operating Budget 65,000,000 - — 55,000,000 "" L6 0 ,ly.0 Expenditures —Revenues The Fiscal Year 2022-23 General Fund major revenue sources are summarized below: • Sales Tax ($46,456,396) is projected to increase by 3.9% compared to the prior fiscal year as taxable retail sales continue to grow within the local economy. Newly opened establishments include a Lexus dealership, Dick's Sporting Goods, and an Amazon Last Mile Delivery facility, which all help contribute to the growth in Sales Tax revenue. • Property Tax ($10,481,183) is projected to increase by 6.3%, due to a strong housing market combined with rising median home values. With record low inventories, combined with favorable interest rates, housing sales and prices have risen dramatically over the past year, with a 13% increase in the median home price since April 2021. • Franchise Fees ($3,775,740) are projected to increase 1.0% due to anticipated increases in utility rates charged for electricity, gas, and cable services. • Transient Occupancy Tax ($3,859,035) is projected to increase by 3.0% as the hospitality sector has rebounded significantly since the pandemic. The recent opening of Staybridge Suites and Hilton Garden Inn have both contributed to the growth in this sector of the economy. • Licenses, Permits & Service Charges ($5,087,844) are projected to decrease by 13.2% due to completion of the majority of the Sommer's Bend housing development in the prior fiscal year. • Intergovernmental Revenues ($9,912,006) are projected to increase by 6.8% due to the increases expected in Property Tax In Lieu of Vehicle License Fees which is driven by property value assessments within the City. • Operating Transfers In ($3,774,278) are projected to increase by 6.5% due primarily to growth in the Gas Tax Fund, which is anticipated to transfer $3,282,716 for street and road maintenance. The Supplemental Law Enforcement Services Fund is anticipated to transfer $367,286 to supplement the Police Department budget. The final repayment of $124,276 for an advance to 41000 Main Street, Temecula, CA 92590 ♦ Phone (951) 694-6444 ♦ Facsimile (951) 694-6479 City of Temecula Fiscal Year 2022-23 Annual Operating Budget the Development Impact Fees Fund for the rehabilitation of Fire Station 73 is also included as an Operating Transfer In. • Operating Transfers In - Measure S ($6,382,496) will continue to fund 11 Police Officers ($4,135,320), staffing for Fire Station No. 95 ($1,990,964), funding for the future replacement of the newly acquired fire ladder truck and inspection vehicles ($170,390), plus funding for enhanced park maintenance services ($85,822). General Fund Expenditure Hiahliahts The largest expenditure of the General Fund is Public Safety, making up 57% of total General Fund expenditures. In accordance with the Measure S ballot language and City Council appropriation guidelines, the City has invested heavily in Public Safety over the past several years and continues to hold Public Safety as its highest priority. In addition to the ongoing Measure S- funded Public Safety expenditures, the Police Department will increase the number of sworn officers to 118.9 and the Fire Department will continue to provide four firefighter personnel per engine at all five fire stations. General Fund expenditures total $91,960,495, which represents a 10.6% increase over the prior fiscal year. The majority of the increase is reflected in the Police Department, as noted below: • Police ($41,061,970) is increasing by 8.9% over the prior year due to the addition of five sworn officers, an increase in daily patrol hours (from 205 hours per day to 210), which is offset by the reduction in one K9 officer that will be provided through a County allocation instead of dedicated to the City. The contract rates charged by the County are projected to increase by 2.5%to account for increased CalPERS pension costs and labor increases resulting from union negotiations. The budget also includes the replacement of two Police motorcycles. • Fire ($11,222,582) is increasing by 18.0% due to a change in CalPERS pension rates, as a result of the expiration of a two-year State -imposed reduction in pension rates. The total Fire contract of $19.7 million is offset by the Structural Fire Tax Credit of $10.3 million. • Non -Safety Departments ($38,280,838) represents a 10.9% increase over the prior year, due primarily to the addition of authorized positions and a negotiated adjustment to the City's Salary Schedule to bring wages up to local market rates. • Non -Departmental ($1,395,106) reflects a 0.3% increase due to inflationary adjustments in the Property Tax Administration Fees and CalPERS Replacement Benefit. 41000 Main Street, Temecula, CA 92590 ♦ Phone (951) 694-6444 ♦ Facsimile (951) 694-6479 City of Temecula Fiscal Year 2022-23 Annual Operating Budget T.nea�o€sa Operating Transfers Out & One -Time Payments This category of expenditures reflects funds that are transferred to the newly established COVID-19 Pandemic Community Reinvestment Program Fund, Debt Service Funds, Capital Improvement Program and the Fire Facility Acquisition Fund. • Community Reinvestment Program Fund ($7,040,000) to provide grant funding to support local businesses, non -profits, workforce development, higher education, behavioral health, affordable housing and homeless services. • Debt Service Fund ($2,159,642) for the annual Civic Center and Margarita Recreation Center Financing Leases • Capital Improvement Fund ($500,000) for the General Plan Update project. • Fire Facilities Acquisition Fund ($1,500,000) to be transferred into a set -aside fund to accumulate resources for the potential acquisition of property and/or fire station rehabilitation. The Fiscal Year 2022-23 ending fund balance in this new fund is estimated to be $3,000,000. Overall, the General Fund remains structurally balanced, with revenues exceeding expenditures, and reserves are fully -funded each year of the ensuing five-year financial forecast. The City continues to budget in a conservative, yet realistic, manner while keeping close watch on several economic indicators. As conditions change, adjustments to the Fiscal Year 2022-23 revenue or expenditure budgets will be recommended and presented to the City Council for their approval. MEASURE S FUN With the approval of a one -cent transactions and use tax measure in November 2016, the Measure S Fund was established to account for this new revenue source. Fiscal Year 2022-23 Measure S revenue is projected to increase by 4.0% to $37,610,081, as the local economy continues to expand. Measure S appropriations of $38,044,429 for Fiscal Year 2022-23 reflect the priorities established in Budget Policy IV —Transactions and Use Tax Funding, and confirmed by the City Council at their February 8, 2022 meeting: Public Safety (17°o) The budget includes $6,596,674 of Measure S funding for 11 Police Officers ($4,135,320), staffing for Fire Station No. 95 ($1,990,964), and funding for the future replacement of the newly acquired fire ladder truck and inspection vehicles ($170,390). Measure S - FY22-23 Appropriations $38,044,429 Asset Management/Investment (10%) As noted in Council's appropriation guidelines for Measure S, ensuring adequate reserves are set aside for the future replacement of City -owned assets is critical to the long-term viability of the City's operations. For Fiscal Year 2022-23, Measure S is contributing $500,000 to each of the Fleet and Technology 41000 Main Street, Temecula, CA 92590 ♦ Phone (951) 694-6444 ♦ Facsimile (951) 694-6479 City of Temecula Fiscal Year 2022-23 Annual Operating Budget Replacement Funds, $660,000 to the Facilities Replacement Fund, and $2,000,000 to the Streets Maintenance Fund. Capital Improvement Program (39%) The Fiscal Year 2022-23 budget includes $14,942,089 of Measure S revenue allocated to fund multiple CIP projects. The influx on Measure S funding has allowed the City to leverage other funding sources, such as Development Impact Fees and various grant funds, to complete projects in a timelier manner. Major Projects for Fiscal Year 2022-23 include: • Community Recreation Center Renovation - $3,893,391- to augment funding from Quimby Fees, Development Impact Fees (Parks/Recreation) and developer contributions to reconfigure portions of the CRC and enhance safety features throughout the facility. • Margarita Recreation Center - $1,765,000 — to augment funding from capital financing and Development Impact Fees (Parks/Recreation and Police Facilities) to construct a new recreation center at the Michael "Mike" Naggar Community Park. • Diaz Road Expansion - $1,328,555 - to augment Measure A and TUMF funding for the conversion of Diaz Road to a major arterial (4-lanes) between Cherry Street and Rancho California Road. • Park Restrooms/Renovations/ADA Improvements - $1,025,000 - for restrooms at the Vail Ranch and Long Canyon Parks. • The MERC Concession Upgrade - $604,000 —to upgrade and expand the concession area to a full - service kitchen. • Playground Equipment Enhancement and Safety Surfacing - $500,000 - to fund improvements at the Long Canyon Creek Park and Redhawk Parks. General/Community Services (34%) The Temecula Community Services District (TCSD) has historically been funded with voter -approved Measure C funding and program -related revenue. Measure S funding is used to augment Measure C, in order to maintain the award -winning programs, activities and events TCSD provides to the citizenry. • TCSD Operations contribution - $11,784,280 • Library contribution - $975,563 • Enhanced Custodial Services - $85,822 The ending fund balance within the Measure S Fund is projected to be $11,021,315, which will carry - forward to the ensuing fiscal year. Over the ensuing five-year period, Measure S is projected to have adequate resources to fund public safety, asset management, capital projects and general services. MAJOR SPECIAL REVENUE FUNDS Special Revenue Funds are used to account for activities paid for by taxes or other designated revenue sources that have specific limitations on use according to law. The City has several Special Revenue Funds. The major Special Revenue funds are highlighted below. 41000 Main Street, Temecula, CA 92590 ♦ Phone (951) 694-6444 ♦ Facsimile (951) 694-6479 City of Temecula Fiscal Year 2022-23 Annual Operating Budget Fund 100 - Gas Tax: Gas Tax revenue is projected to be $3,282,718, which reflects an increase of 11.4% as volume of gasoline sales increases. These funds are transferred to the General Fund to support street and road maintenance. Fund 102 — Road Maintenance Rehabilitation Account (RMRA): Per the Road Repair and Accountability Act of 2017 (SB1-Beall), increased gas tax and vehicle registration fees were imposed to fund street and road projects and other transportation uses Statewide. RMRA revenue is projected to be $2,584,827, which is an increase of 10.1% due to the rebounding economy. These funds are allocated to the Pavement Rehabilitation Capital Improvement Project. Fund 103—Street Maintenance: This fund was established in Fiscal Year 2018-19 to accumulate resources for the future replacement of streets and roads throughout the City. Measure S contributes annually to this fund, which has a projected Fiscal Year 2022-23 ending balance of $7,483,094. Fund 105 — NPDES In Lieu Fees: This fund was established in Fiscal Year 2019-20 to account for the collection of In Lieu fees associated with the National Pollutant Discharge Elimination System (NPDES). Revenue is received as private development subject to NPDES requirements occur. Fiscal Year 2022-23 revenue is projected to be $200,000, however no expenditures have been programmed for these funds. Fund 106 — Uptown Temecula New Streets In Lieu Fees: This fund was established in Fiscal Year 2019-20 in conjunction with the adoption of the Uptown Temecula Specific Plan New Streets In Lieu Fee. Developers within the Specific Plan who cannot build new streets will be charged the In Lieu Fee. For Fiscal Year 2022-23, revenue is projected to be $105,000, bringing the ending fund balance to $1,195,014. Fund 108 —American Rescue Plan Act (ARPA) Fund: This fund was established in Fiscal Year 2021-22 to account for the receipt of the Federal ARPA grant funding of $14,079,508, which is received in two equal installments in Fiscal Year 2021-22 and Fiscal Year 2022-23. The funds were transferred to the General Fund to support public safety services. Fund 110 — COVID-19 Pandemic Community Reinvestment Program Fund: This fund was established in Fiscal Year 2021-22 to provide grant funding to support the local economy in the rebounding from the global pandemic. Revenue is transferred into this fund from available General Fund balance. The Council approved six funding categories, including: (1) Business Support, (2) Non -Profit Support, (3) Homeless Services, (4) Housing Assistance, (5) Behavioral Health Services, and (6) Higher Education/Workforce Development. Fund 120 — Development Impact Fees (DIF): DIF revenue is projected to be $13,564,460, which reflects an increase of 122% due to the increased activity occurring in the Sommer's Bend development as well as anticipated activity in the Heirloom Farms development. DIF revenue varies from year-to-year as it is based on anticipated development projects. The majority of DIF Revenues are transferred to the CIP to fund capital projects. Fiscal Year 2022-23 ending fund balance is projected to be $7,994,742. Fund 125 — Public, Education & Government (PEG): PEG Fund revenues are received from local cable operators for the sole purpose of supporting the access facilities within the City. PEG Revenues are projected to be $203,300, which will be spent on various technology equipment used to support the 41000 Main Street, Temecula, CA 92590 ♦ Phone (951) 694-6444 ♦ Facsimile (951) 694-6479 City of Temecula Fiscal Year 2022-23 Annual Operating Budget broadcast of City Council meetings and events. Fiscal Year 2022-23 ending fund balance is projected to be $650,468. Fund 140 — Community Development Block Grant (CDBG): CDBG revenue is projected to be $1,205,894, for operations and capital projects. Prior year carry-over of CDBG-CV funds totaling $630,894 is intended to provide aid to the community in response to the COVID-19 pandemic. Fiscal Year 2022-23 ending fund balance is projected to be $1,032,675. Fund 145 —Temecula Energy Efficiency Asset (TEAM) Fund: This fund was established to capture energy efficiency rebates to be used to fund future energy efficiency projects. In Fiscal Year 2020-21, the City received a rebate of $640,754 for the acquisition of street lights and conversion to LED bulbs. These funds, combined with the existing fund balance, are programmed to fund an Electric Vehicle Charging Station capital project, lighting along Murrieta Creek, and Sports Field Lighting upgrades. Fiscal Year 2022-23 ending fund balance is projected to be $142,309. Fund 150—AB2766 Motor Vehicle Subvention Fund: This fund was established to account for subvention funds used to implement programs/projects to reduce air pollution from motor vehicles. Fiscal Year 2022- 23 revenue is projected to be $150,489. The majority of these funds are programmed for capital projects, including the Citywide Bike Lane and Trail Program. Fiscal Year 2022-23 ending fund balance is projected to be $5,027. Fund 160— Supplemental Law Enforcement Services Fund: This fund was established to account for state grant funds to assist cities in delivering front-line law enforcement services. Fiscal Year 2022-23 revenue is projected to be $280,665 and will be transferred to the General Fund to support law enforcement. Fund 165—Affordable Housing Fund: The Affordable Housing Fund reflects the housing -related activities of the former Temecula Redevelopment Agency. Total Revenue for Fiscal Year 2022-23 of $821,000 includes the State Department of Finance allocation of $250,000 designated for the administration of the wind down of redevelopment obligations. Expenditures reflect the ongoing administration of the City's Affordable Housing program as well as $557,000 for the Habitat for Humanity — Old Town Units capital project. Fund 170— Measure A: Measure A revenue is projected to be $3,280,500, which reflects a 22.3% decrease from the prior year. This revenue is restricted for use on local streets and roads, and is programmed to support street and road maintenance. Fiscal Year 2022-23 ending fund balance is projected to be $1,285,338. INTERNAL SERVICE FUNDS Internal Service Funds are used to account for the funding of goods and services provided by one department to other benefitting departments on a cost -reimbursement basis. Additionally, the City maintains several Replacement Funds designed to accumulate resources for the future replacement of City equipment, technology, and facilities. 41000 Main Street, Temecula, CA 92590 ♦ Phone (951) 694-6444 ♦ Facsimile (951) 694-6479 City of Temecula Fiscal Year 2022-23 Annual Operating Budget Fund 300 — Insurance: Projected expenses total $1,517,257, which covers the cost of administering the City's liability and property insurance programs. The projected fund balance is $722,053, which exceeds the desired balance of $450,000. Fund 305 — Workers' Compensation: Projected expenses total $470,770, which covers the cost of administering the City's self -insured Workers' Compensation program. The projected fund balance is $1,668,429, which exceeds the desired balance of $1.5 million. Fund 310 —Vehicles and Equipment: Projected expenses total $670,500 to replace two fire medic squads ($426,000), a construction dump truck ($150,000), a pressure washer ($35,000), three arrow boards ($19,500) and a replacement vehicle for Community Development ($40,000). The projected fund balance is $5,274,230. Fund 320 — Information Technology: Projected expenses total $5,910,265, which provides for the management of the City's computers, audio-visual equipment, cyber security, and telephone systems. The projected fund balance is $1,117,284. Fund 325 —Technology Replacement: Projected expenses total $160,000 to replace the City's telephones ($30,000), a UPS battery ($50,000), a GIS plotter ($10,000) and fund the annual computer lifecycle replacement program ($70,000). The projected fund balance is $2,485,713. Fund 330 — Support Services: Projected expenses total $379,963, which provides for the management of the City's central reception, printing and mail activities. The projected fund balance is $4,235. Fund 335 — Support Services Replacement: Projected expenses total $25,000 to replace the Central Services plotter and paper folder machines. The projected fund balance is $403,948. Fund 340 — Facilities: Projected expenses total $1,651,435, which provide for the operations and maintenance of the City's buildings and parking structure. The projected fund balance is $589,111. Fund 350 — Facility Replacement: Projected expenses total $500,000 for the City Facilities Rehabilitation capital project. The projected fund balance is $242,473. SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY (SARDA) Fund 380 — SARDA: Projected expenses total $5,899,866 to pay debt service expenditures on the outstanding 2017A and 2017B Redevelopment Agency Tax Allocation Bonds. TEMECULA COMMUNITY SERVICES DISTRICT (TCSD) The Temecula Community Services District was established as an assessment district to provide a comprehensive neighborhood and community park system, as well as a complement of recreational and cultural programs and events. TCSD also provides street lighting, median and slope maintenance, refuse hauling and a recycling program, and library services (known as Service Level Funds). 41000 Main Street, Temecula, CA 92590 ♦ Phone (951) 694-6444 ♦ Facsimile (951) 694-6479 City of Temecula Fiscal Year 2022-23 Annual Operating Budget Combined revenue for TCSD totals $30,133,322, which reflects an increase of 12.7% over the prior year as TCSD programs return to pre -pandemic levels. The majority of the increase is from TCSD Operations as events, programs and recreational classes have resumed after the pandemic. Additionally, a transfer of $1 million from the COVID-19 Community Reinvestment Program Fund for homeless services is included in the Fiscal Year 2022-23 revenue projection. Combined expenditures for TCSD total $29,772,002 and reflect an increase of 6.8% over the prior year, due primarily to the re -opening of facilities, programs, classes, and events. Additionally, it is anticipated that the new Margarita Recreation Center will open in the Spring of 2023, so an addition of four full- time/authorized positions are included in the TCSD Operations budget. Ending fund balance for TCSD is projected to be $4,227,753 for Fiscal Year 2022-23. $320.00 52a°.o° 5zn°.o° As noted in the adjacent chart, 1210.00 TCSD's Special Tax (Measure C) funds $"0.03 approximately 24% of the District's Parks and Recreation budget. The remaining 76% comes from Measure S and programmatic revenues. TCSD Per Capita Funding I$244.3L $197.62 $74.44 F H_19 "n 20 FY20-21 FV21-22 FY22-23 ■ special Tax TCSD Funding CAPITAL IMPROVEMENT PROGRAM (CIP) The City's five-year Capital Improvement Program (CIP) is presented to the City Council under separate cover. This program provides a five-year plan for capital improvements that is updated annually to ensure compliance with the program. The impact of capital projects on maintenance and operating costs were taken into consideration in the development of the operating budget. Circulation, infrastructure, parks, affordable housing, and other various projects are identified in the CIP budget. The CIP includes a total of $793,744,301 in identified capital projects, with a total of $590,098,244 in project funding. There is $203,646,057 in "Unspecified" project funding, indicating that a revenue source has not yet been secured for these projects, which have been identified as necessary infrastructure for the City, and will require that funding sources be identified before the project construction can commence. Capital projects are categorized into four Project Types. Project Number of Total Project Type Projects Cost Circulation 30 619,776,487 Infrastructure 52 111,436,853 Parks/Recreation 20 44,632,961 SARDA 3 17,898,000 Various sources contribute to the funding of the Capital Improvement Program, including many City Funds, State and Federal Grants, Community Facility District Funds, Successor Agency Funds, and Transportation Uniform Mitigation Fee (TUMF) Funds. 41000 Main Street, Temecula, CA 92590 ♦ Phone (951) 694-6444 ♦ Facsimile (951) 694-6479 10 i r � The City has incurred $6.5 million in debt (private placement loan) to fund the Margarita Recreation Center project. The rate on this debt is 3.42% and matures on September 1, 2033. Repayment of this debt comes from the General Fund. The City seeks all available funding sources for projects, including federal, state, and local grants, outside contributions and City funds. Total funding for the Fiscal Years 2023-27 CIP program reflects 66% from outside funding sources, with the remaining 34% provided by City of Temecula Fiscal Year 2022-23 Annual Operating Budget Capital Project Funding Sources TCSD District TUMF, 75,884,302, Funds, 13% 462,303 , 0% State/Local Grants, City Funds, 91,907,814, 33% 23,048,733 , 4% SARDA, 13,457,218, z% Reimbursements, 1 41,807,364 , 7% Community Facility Districts , 55,840,088 , 9% Federal Grants, 142,364,579 , 24% Development Impact Fees , 45,325,843 , 89/ various City funds, including Measure S, Measure A, Development Impact Fee Funds, General Fund, RMRA Funds, and several other sources. A total of nine new projects have been added to the CIP including the following: • Auto Mall Wayfinding Signs • Bike Lane and Trail Program — Ronald Reagan Sports Park Trails • Butterfield Stage Road Storm Drain Improvements • Habitat for Humanity — Old Town Units • Harveston Community Park Building Renovations and Expansion • Infill Recreation Amenities • Rancho California Road Median Improvements • The MERC Concession Upgrade • Utility Undergrounding — Main Street and Vicinity As part of the development of the Capital Improvement Program budget, each project is evaluated to identify any ongoing impacts to the Operating Budget. Seven projects reflect the addition of ongoing operating costs, while one project identifies ongoing operating savings. The amounts identified on the table are incorporated into the General Fund Five -Year Forecast. 41000 Main Street, Temecula, CA 92590 ♦ Phone (951) 694-6444 ♦ Facsimile (951) 694-6479 C(flwl All 155 - PARK RESTROOMS RENOVATIONS, EXPANSION AND AMERICANS WITH DISABILITIES City of Temecula Fiscal Year 2022-23 Annual Operating Budget ACT (ADA) IMPROVEMENTS 5250 - OTHER OUTSIDE SERVICES Janitorial Services 26,530 27,061 27,602 28,154 688 - CITYWIDE STREETLIGHT ACQUISITION & LIGHT EMITTING DIODE (LED) RETROFIT 5319-STREET LIGHTING Electricity Savings (655,636) (675,305) (695,564) (709,475) 690 - I-15/STATE ROUTE 79 SOUTH INTERCHANGE ENHANCED LANDSCAPING 5415- LANDSCAPE MAINTENANCE Required by Caltrans 56,240 58,490 60,830 62,046 692 - MARGARITA RECREATION CENTER 5100 - SALARIES & WAGES Staffing for MRC (4 positions) 483,699 498,210 513,157 528,551 5240-UTILITIES Additional Utility Costs 55,000 55,000 55,000 55,000 5250- OTHER OUTSIDE SERVICES Janitorial/Security 50,000 50,000 50,000 50,000 5378- CONTRACTED CLASSES Contract Classes 164,145 176,520 185,000 190,000 5418- POOL MAINTENANCE Swimming Pool maintenance 100,000 100,000 100,000 100,000 852,844 879,730 903,157 923,551 Maintenance and Operations for 711- CITYWIDE SURVEILLANCE CAMERAS 5250- OTHER OUTSIDE SERVICES Surveillance System 350.000 350.000 350,000 350,000 724- CITYWIDE FINANCIAL SYSTEM UPGRADE 5211-SOFTWARE& MAINTENANCE Annual Software Maintenance 66,934 66,934 66,934 66,934 780 - OLD TOWN SURVEILLANCE & SOUND Maintenance fees for Old Town SYSTEM Total Incremental Operating& Maintenance Impacts 5215- REPAIR & MAINTENANCE -EQUIPMENT Sound System 50,000 746,912 50,000 756,910 50,000 762,959 50,000 771,210 2022-23 AUTHORIZED STAFFING Total authorized Full Time Equivalent (FTE) positions total 196.45 authorized positions, including one authorized/unfunded position. The increase reflects 17.75 new positions compared to the prior year, of which 10 were added as part of the Fiscal Year 2021-22 Mid -Year Budget update. All positions added since last fiscal year are summarized by department below: • Community Development (6 positions) o Code Enforcement Officer 1 (2) o Community Development Technician I o Building Inspector 11 o Planning Technician o Assistant Director of Community Development • Temecula Community Services District (5 positions) o Senior Recreation Leader o Aquatics Supervisor o Aquatics Coordinator o Community Services Coordinator (previously authorized/unfunded) o Community Services Supervisor (previously authorized/unfunded) • Public Works (4 positions) o Associate Civil Engineer o Supervising Public Works Inspector o Lead Maintenance Worker I o Maintenance Worker I • Human Resources (1 position) o Management Assistant 41000 Main Street, Temecula, CA 92590 ♦ Phone (951) 694-6444 ♦ Facsimile (951) 694-6479 City of Temecula Fiscal Year 2022-23 Annual Operating Budget • Economic Development (1 position) o Management Analyst • Information Technology/Support Services (0.5 position) o Senior Administrative Assistant (conversion from Y2 to full-time) • Finance (0.25 position) o Senior Accounting Technician -Payroll (conversion from % to full-time) Total Authorized Positions remains below the peak in Fiscal Year 2007-08 by 14.3 positions. In addition to the Authorized Positions, the City employs a significant number of part-time, non-benefitted Project employees, primarily to assist with the multitude of programs offered by the Temecula Community Services District. For Fiscal Year 2022-23, an estimated 58.7 full-time equivalents (FTE) will be hired as seasonal and part-time support. City of Temecula History of Authorized Positions 250.00 210.75 196.45 200.00 150.00 100.00 50, 00 o s Public Safety personnel is provided through contracts with Riverside County and CalFire. A total of 118.9 sworn Police Officers and 18 Community Service Officers are included in the Police budget, and a total of 71 personnel are reflected in the Fire Department budget for Fiscal Year 2022-23. BUDGET POLICIES As part of the annual budget process, in February, the Council is presented the budget priorities and policy metrics used in the current budget to discuss changes to incorporate in the next budget. On February 8, 2022, the Council affirmed that public safety will remain as the top priority and the core values outlined in the Quality of Life Master Plan will remain the guiding principles behind appropriation recommendations. Several Budget and Fiscal Policy metrics were also affirmed, with recommended changes as noted below: • Include reference to public safety staffing levels (reflected in Budget Policy IV.B. — Transactions and Use Tax Funding and Budget Policy VI.1.1.b and c — Staffing Policy) • Increase City Manager approval authority from $60,000 to $100,000 (reflected in Budget Policy XILA— Signature Delegation Policy) • Increase the City Manager settlement authority from $25,000 to $100,000 (reflected in Budget Policy XILB —Signature Delegation Policy) • Increase the eligibility threshold for assets to be replaced using the Technology Replacement Fund from $3,000 to $5,000 (reflected in Budget Policy VII —Asset Management and Replacement) 41000 Main Street, Temecula, CA 92590 ♦ Phone (951) 694-6444 ♦ Facsimile (951) 694-6479 City of Temecula Fiscal Year 2022-23 Annual Operating Budget Additionally, staff recommends modifications to Budget Policy VI —Asset Management and Replacement, to reflect the City's current practice of managing the various asset replacement funds established over the past several years. Finally, staff recommends the removal of the Investments section of the Budget Policies and replace it with a stand-alone Investment Policy, updated to reflect allowable investments as outlined in state law. Per the California Government Code, Section 53646, "...the treasurer or chief fiscal officer of the local agency may annually render to the legislative body ... a statement of investment policy..." This language changed from "shall" annually render to "may" roughly ten years ago, therefore this policy is only required to be approved when changes are recommended. The updated stand-alone Investment Policy will be presented to the City Council at their June 14, 2022 meeting for consideration and approval. CONCLUSION In conclusion, the City of Temecula is in a strong fiscal position with the General Fund balanced and all reserves fully funded not only in Fiscal Year 2022-23 but throughout the ensuing five-year period. The Capital Improvement Program is the largest in the City's history and will deliver a wide array of improvements to infrastructure, facilities, affordable housing, enhanced parks, new trails and many other amenities the citizens of Temecula enjoy. I would like to express my appreciation to the City Council for providing the direction and support crucial to achieving the City's goals. I would also like to recognize the contributions of City staff for not only creating a responsive operating budget, but also for their commitment to providing top quality services to all who live, work and play in Temecula. I would like to give special thanks to the City's Budget Team: Jennifer Hennessy, Director of Finance; Patricia Hawk, Fiscal Services Manager; and Catlin Dorset, Senior Accounting Technician for their long hours and dedication to the City and this budget process. Sincerely, Aaron Adams City Manager 41000 Main Street, Temecula, CA 92590 ♦ Phone (951) 694-6444 ♦ Facsimile (951) 694-6479 RESOLUTION NO.2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2023-27 AND ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEAR 2022-23 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of this Program is categorically exempt from environmental review under the California Environmental Quality Act (CEQA). Pursuant to Section 15262 of the State Guidelines for Implementation of CEQA, a project involving only feasibility or planning studies for possible future actions, which actions the City Council has not approved, adopted, or funded, does not require preparation of an EIR or Negative Declaration, but does require consideration of environmental factors. In reviewing this Program and conducting public hearings on it, the City Council has considered relevant environmental factors. This City Council, as the lead agency for environmental review, pursuant to the California Environmental Quality Act and the Guidelines promulgated there under (collectively "CEQA), has reviewed the scope and nature of this Capital Improvement Program and has concluded that the planning and prioritization process comprising this activity is not a project pursuant to CEQA because it does not order or authorize the commencement of any physical or other activity that would directly or indirectly have a significant effect upon the environment. The Capital Improvement Program merely establishes a listing of priority and allocates funds for the City to commence the necessary planning studies, including review pursuant to CEQA, at a future unspecified date. The future planning studies will be conducted at the earliest possible time so as to ensure thorough review pursuant to CEQA. Recognizing that the protection of the environment is a key factor in the quality of life within the City of Temecula and to further the City's strict adherence to both the spirit and letter of the law as regards to CEQA, this City Council has also considered this Capital Improvement Program as if it were a Project pursuant to CEQA. Reviewing this Program as a Project, this City Council concludes the Project would be exempt from review under CEQA, both pursuant to Section 15061(b)(3) and to the categorical exemption set forth in Section 15262 of CEQA. Section 15061(b)(3) would apply because it can be seen with certainty that this prioritizing and fund allocation program cannot and does not have the potential to cause a significant effect on the environment. No physical activity will occur until all required CEQA review is conducted at the time the physical improvements prioritized in the Program are undertaken. Section 15262 provides a categorical exemption to actions that are feasibility or planning studies related to possible future actions. This Council is aware of and has considered the current and relevant environmental factors as an integral component of the review of this Program. This Council, as lead agency, hereby determines and decides that the exemption provided in both Sections 15061(b)(3) and 15262 apply in the event this is deemed a Project pursuant to CEQA. Section 2. On May 18, 2022, the Planning Commission found the Capital Improvement Program consistent with the General Plan in accordance with Government Code Section 65401 of State Planning and Zoning Law. Section 3. The City Council hereby finds and declares that the requirements of Government Code Section 65402(a) shall not apply to: (1) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; (2) acquisitions, dispositions, or abandonments for street widening; or (3) alignment projects, provided such dispositions for street purposes, acquisition, dispositions, or abandonments for street widening, or alignment projects are of a minor nature. Section 4. The City Council hereby finds that the acquisition of land necessary for the City of Temecula Capital Improvement Program Fiscal Years 2023-27 is consistent with the General Plan. Section 5. That a certain document now on file in the office of the City Clerk of the City of Temecula, entitled "City of Temecula Capital Improvement Program Fiscal Years 2023- 27" include herein appropriations for Fiscal Year 2022-23, and are hereby adopted. The CIP appropriations for the Fiscal Year 2021-22 which have not been completed, encumbered, nor included in the Fiscal Years 2023-27 CIP, are hereby carried over for each applicable project to the Fiscal Year 2022-23. Certain Development Impact Fees from future revenue may be used to replace the expenditure of current capital reserve funds in the CIP. Section 6. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditures of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The City Manager may authorize expenditures of funds in amounts up to one hundred thousand dollars ($100,000). Any expenditure of funds in excess of $100,000 requires City Council action. C. The City Manager may approve change orders on Public Works contracts in amounts up to one hundred thousand dollars ($100,000), if sufficient appropriated funds are available. D. The City Manager may authorize transfers up to one hundred thousand dollars ($100,000) between approved Capital Improvement Program projects. E. Notwithstanding Section 6.13. above, pursuant to Section 3.32.050 of the Municipal Code, the City Manager may authorize Public Works contracts in amounts up to one -hundred thousand dollars ($100,000). Any expenditures of Public Works funds in excess of one -hundred thousand dollars ($100,000) require City Council action, except that the City Manager may approve change orders on Public Works contracts approved by the Council in amounts up to project contingency established by Council. Section 7. Certification: The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of June, 2022. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of June, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk RESOLUTION NO. CSD 2022- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING THE FISCAL YEAR 2022-23 PRELIMINARY ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the Fiscal Year 2022-23 Temecula Community Services District (TCSD) Preliminary Operating Budget is hereby adopted. Section 2. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The Department Director may prepare a transfer of appropriations within departmental budget accounts, with the approval of the General Manager. C. The Board of Directors must authorize transfers (appropriations) of funds from the Unreserved Fund Balance and transfers between departmental budget accounts. D. In accordance with City of Temecula Municipal Code Section 2.60.030, the General Manager shall administer the City personnel system. This General Manager is authorized to fix and alter the titles, compensation, and number of positions in the Schedule of Authorized Positions as needed, subject to the total personnel expenditure budget limitations approved by the Board of Directors. E. The General Manager may authorize expenditures of funds in amounts up to one hundred thousand dollars ($100,000). Any expenditure of funds in excess of $100,000 requires Board of Directors action. F. The General Manager may authorize Public Works contracts in amounts up to one - hundred thousand dollars ($100,000). Any expenditures of Public Works funds in excess of $100,000 require Board of Directors action, except that the General Manager may approve change orders on Public Works contracts approved by the Board in amounts up to the project contingency established by the Board. G. Pursuant to Section 3.28.130 of the Municipal Code, the General Manager may authorize purchases of supplies and equipment in amounts up to one -hundred thousand dollars ($100,000). Any purchases of supplies and equipment in excess of $100,000 shall be awarded to the lowest responsible bidder pursuant to formal bid procedures and require City Council action, except that the General Manager may approve change orders on purchases of supplies and equipment approved by the Board in amounts up to the contingency established by Board. H. Pursuant to Section 3.28.250 of the Municipal Code, purchases of supplies and equipment of an estimated value of one -hundred thousand dollars ($100,000) or less, may be made by the purchasing agent in the open market pursuant to the procedure prescribed in Sections 3.28.260 through 3.28.280 and without observing the procedure prescribed in Sections 3.28.130 through 3.28.240; provided, however, that all bidding may be dispensed with for purchases of supplies and equipment having a total estimated value of $5,000 or less. I. Appropriations and Revenue Estimates for grant funded programs for Fiscal Year 2021-22 which have not been expended or encumbered, are hereby carried over for the applicable grant program to the Fiscal Year 2022-23. Section 3. The Finance Director is authorized to make temporary short term interfund loans between appropriate funds in order to cover short term cash needs caused by cash flow timing differences. These interfund loans must have an identified repayment source. Section 4. Outstanding encumbrances shown on the District books at June 30, 2022, are hereby appropriated for such contracts or obligations for Fiscal Year 2022-23. Section 5. There are numerous occasions when small dollar valued purchases must be made for or on behalf of the District; and it is appropriate that a petty cash fund be used to provide for the purchase of these smaller dollar valued items; now, therefore, the Board of Directors of the Temecula Community Services District of the City of Temecula does hereby resolve, determine, and order as follows: A. There is hereby established a renewable petty cash fund to be maintained in the Finance Department. B. The imprest balance amount of the petty cash fund shall be three thousand dollars ($3,000). C. Vouchers, receipts, or other evidence of payment shall be required before reimbursement shall be made from said petty cash fund, in such form as shall be required by Finance Director. Section 6. The Board Secretary shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 14th day of June, 2022. James Stewart, President ATTEST: Randi Johl, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 2022- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 141h day of June, 2022, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary RESOLUTION NO. SARDA 2022- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE CAPITAL IMPROVEMENT PROGRAM FISCAL YEARS 2023-27, ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEAR 2022-23, ADOPTING THE FISCAL YEAR 2022-23 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of this Program is categorically exempt from environmental review under the California Environmental Quality Act (CEQA). Pursuant to Section 15262 of the State Guidelines for Implementation of CEQA, a project involving only feasibility or planning studies for possible future actions, which actions the City Council has not approved, adopted, or funded, does not require preparation of an EIR or Negative Declaration, but does require consideration of environmental factors. In reviewing this Program and conducting public hearings on it, the City Council has considered relevant environmental factors. This City Council, as the lead agency for environmental review, pursuant to the California Environmental Quality Act and the Guidelines promulgated there under (collectively "CEQA), has reviewed the scope and nature of this Capital Improvement Program and has concluded that the planning and prioritization process comprising this activity is not a project pursuant to CEQA because it does not order or authorize the commencement of any physical or other activity that would directly or indirectly have a significant effect upon the environment. The Capital Improvement Program merely establishes a listing of priority and allocates funds for the City to commence the necessary planning studies, including review pursuant to CEQA, at a future unspecified date. The future planning studies will be conducted at the earliest possible time so as to ensure thorough review pursuant to CEQA. Recognizing that the protection of the environment is a key factor in the quality of life within the City of Temecula and to further the City's strict adherence to both the spirit and letter of the law as regards to CEQA, this City Council has also considered this Capital Improvement Program as if it were a Project pursuant to CEQA. Reviewing this Program as an Project, this City Council concludes the Project would be exempt from review under CEQA, both pursuant to Section 15061(b)(3) and to the categorical exemption set forth in Section 15262 of CEQA. Section 15061(b)(3) would apply because it can be seen with certainty that this prioritizing and fund allocation program cannot and does not have the potential to cause a significant effect on the environment. No physical activity will occur until all required CEQA review is conducted at the time the physical improvements prioritized in the Program are undertaken. Section 15262 provides a categorical exemption to actions that are feasibility or planning studies related to possible future actions. This Council is aware of and has considered the current and relevant environmental factors as an integral component of the review of this Program. This Council, as lead agency, hereby determines and decides that the exemption provided in both Sections 15061(b)(3) and 15262 apply in the event this is deemed a Project pursuant to CEQA. Section 2. On May 18, 2022, the Planning Commission found the Capital Improvement Program consistent with the General Plan in accordance with Government Code Section 65401 of State Planning and Zoning Law. Section 3. The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency hereby finds and declares that the requirements of Government Code Section 65402(a) shall not apply to: (1) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; (2) acquisitions, dispositions, or abandonments for street widening; or (3) alignment projects, provided such dispositions for street purposes, acquisition, dispositions, or abandonments for street widening, or alignment projects are of a minor nature. Section 4. The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency hereby finds that the acquisition of land necessary for the City of Temecula Capital Improvement Program FY 2023-27 is consistent with the General Plan. Section 5. That a certain document now on file in the office of the City Clerk of the City of Temecula, entitled "City of Temecula Capital Improvement Program Fiscal Years 2023- 27" include herein appropriations for Fiscal Year 2022-23, is hereby adopted. The CIP appropriations for the Fiscal Year 2021-22 which have not been completed, encumbered, nor included in the Fiscal Years 2023-27 CIP, are hereby carried over for each applicable project to the Fiscal Year 2022-23. Section 6. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditures of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The Executive Director may authorize expenditures of funds in amounts up to $100,000. Any expenditure of funds in excess of $100,000 requires Board of Directors action. C. The Executive Director may approve change orders on Public Works contracts in amounts up to $100,000, if sufficient appropriated funds are available. D. The Executive Director may authorize transfers up to $100,000 between approved Capital Improvement Program projects. E. Notwithstanding Section 7.13. above, pursuant to Section 3.32.050 of the Municipal Code, the Executive Director may authorize Public Works contracts in amounts up to $100,000. Any expenditures of Public Works funds in excess of $100,000 require City Council action, except that the Executive Director may approve change orders on Public Works contracts approved by the Council in amounts up to project contingency established by Council. Section 7. That the Fiscal Year 2022-23 SARDA Operating Budget is hereby adopted. Section 8. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditure of funds shall be made unless the Oversight Board of the Successor Agency to the Temecula Redevelopment Agency has adopted a resolution approving the Fiscal Year 2022-23 SARDA Operating Budget and the State Department of Finance has approved the expenditure on the Recognized Obligation Payment Schedule (ROPS), pursuant to Health and Safety Code Section 34177. B. The Department Director may prepare a transfer of appropriations within departmental budget accounts, with the approval of the Executive Director. C. In accordance with City of Temecula Municipal Code Section 2.60.030, the Executive Director shall administer the City personnel system. The Executive Director is authorized to fix and alter the titles, compensation, and number of positions in the Schedule of Authorized Positions as needed, subject to the total personnel expenditure budget limitations approved by the Agency Board. D. The Executive Director may authorize expenditures of funds in amounts up to $100,000. Any expenditure of funds in excess of $100,000 requires Agency Board action. E. The Executive Director may authorize Public Works contracts in amounts up to $100,000. Any expenditure of Public Works funds in excess of $100,000 require Agency Member action, except that the Executive Director may approve change orders on Public Works contracts approved by the Agency Board in amounts up to the project contingency established by the Agency Board. F. Pursuant to Section 3.28.130 of the Municipal Code, the Executive Director may authorize purchases of supplies and equipment in amounts up to $100,000. Any purchases of supplies and equipment in excess of $100,000 shall be awarded to the lowest responsible bidder pursuant to formal bid procedures and require Agency Board action, except that the Executive Director may approve change orders on purchases of supplies and equipment approved by the Agency Board in amounts up to the contingency established by Agency Board. G. Pursuant to Section 3.28.250 of the Municipal Code, purchases of supplies and equipment of an estimated value of $100,000 or less, may be made by the purchasing agent in the open market pursuant to the procedure prescribed in Sections 3.28.260 through 3.28.280 and without observing the procedure prescribed in Sections 3.28.130 through 3.28.240; provided, however, that all bidding may be dispensed with for purchases of supplies and equipment having a total estimated value of $5,000 or less. Section 9. The Director of Finance is authorized to make temporary short term interfund loans between appropriate funds in order to cover short term cash needs caused by cash flow timing differences. These interfund loans must have an identified repayment source. 3 Section 10. Outstanding encumbrances shown on the Agency books at June 30, 2022, are hereby appropriated for such contracts or obligations for Fiscal Year 2022-23. Section 11. There are numerous occasions when small dollar valued purchases must be made for or on behalf of the Agency; and it is appropriate that a petty cash fund be used to provide for the purchase of these smaller dollar valued items; now, therefore, the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency of the City of Temecula does hereby resolve, determine, and order as follows: A. There is hereby established a renewable petty cash fund to be maintained in the Accounting and Purchasing Department. B. The imprest balance amount of the petty cash fund shall be $3,000. C. Vouchers, receipts, or other evidence of payment shall be required before reimbursement shall be made from said petty cash fund, in such form as shall be required by Finance Director. Section 12. The Agency Secretary shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency this 14th day of June, 2022. Matt Rahn, Chair ATTEST: Randi Johl, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, Secretary of the Successor Agency to the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. SARDA 2022- was duly and regularly adopted by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency at a meeting thereof held on the 14th day of June, 2022, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FISCAL YEAR 2022-23 ANNUAL OPERATING BUDGET, ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS, ESTABLISHING CONTRACT AUTHORITY OF CITY MANAGER, ESTABLISHING LAWSUIT SETTLEMENT AUTHORITY OF CITY MANAGER THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That certain document now on file in the office of the City Clerk of the City of Temecula entitled "City of Temecula Annual Operating Budget Fiscal Year 2022-23" is hereby adopted. Section 2. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The Department Director may prepare a transfer of appropriations within departmental budget accounts, with the approval of the City Manager. C. The City Council must authorize transfers (appropriations) of funds from the Unreserved Fund Balance and transfers between departmental budget accounts. D. In accordance with City of Temecula Municipal Code Section 2.60.030, the City Manager shall administer the City personnel system. The City Manager is authorized to fix and alter the titles, compensation, and number of positions in the Schedule of Authorized Positions as needed, subject to the total personnel expenditure budget limitations approved by the City Council. E. The City Manager may authorize expenditures of funds in amounts up to one - hundred thousand dollars ($100,000). Any expenditure of funds in excess of $100,000 requires City Council action. F. The City Manager is hereby authorized to enter into the following types of agreements on behalf of the City, Temecula Community Services District, and the Successor Agency to the Temecula Redevelopment Agency where the amount of the agreement is one - hundred thousand dollars ($100,000) or less, there exists an unencumbered appropriation in the fund account against which the cost of the agreement is to be charged, and all applicable procedures for approval of the agreement have been fulfilled: public works construction agreements; agreements for purchase of supplies or equipment; personal, professional, consultant and maintenance services agreements; theater, entertainment and talent agreements; and real property leases, licenses and facility use agreements in which the term is one (1) year or less. All reimbursement agreements and fee waiver agreements shall be approved by the City Council. G. The City Manager, in consultation with the City Attorney, is hereby authorized to settle personal injury and property damage lawsuits and enter into settlement agreements on behalf of the City, Temecula Community Services District, and the Successor Agency to the Temecula Redevelopment Agency where the amount of the settlement does not exceed one -hundred thousand dollars ($100,000). H. Pursuant to Section 3.28.250 of the Municipal Code, purchases of supplies and equipment of an estimated value of one -hundred thousand dollars ($100,000) or less, may be made by the purchasing agent in the open market pursuant to the procedure prescribed in Sections 3.28.260 through 3.28.280 and without observing the procedure prescribed in Sections 3.28.130 through 3.28.240; provided, however, that all bidding may be dispensed with for purchases of supplies and equipment having a total estimated value of five thousand dollars ($5,000) or less. I. Appropriations and Revenue estimates for grant funded programs for FY 2021-22 which have not been expended, encumbered or received, are hereby carried over for the applicable grant program to the subsequent fiscal year. J. Appropriations for the transfer of funds to the Capital Improvement Program for FY 2021-22 which have not been expended are hereby carried over to the subsequent fiscal year. Section 3. The Director of Finance, in consultation with the City Manager, is delegated the authority to determine and define the amounts of those components of fund balance that are classified as "Assigned Fund Balance". Section 4. The Director of Finance is authorized to make temporary short term interfund loans between appropriate funds in order to cover short term cash needs caused by cash flow timing differences. These interfund loans must have an identified repayment source. Section 5. Outstanding encumbrances shown on the City books at June 30, 2022, are hereby appropriated for such contracts or obligations for FY 2022-23. Section 6. There are numerous occasions when small dollar valued purchases must be made for or on behalf of the City; and it is appropriate that a petty cash fund be used to provide for the purchase of these smaller dollar valued items; now, therefore, the City Council of the City of Temecula does hereby resolve, determine, and order as follows: A. There is hereby established a renewable petty cash fund to be maintained in the Finance Department. B. The imprest balance amount of the petty cash fund shall be three thousand dollars ($3,000). N C. Vouchers, receipts, or other evidence of payment shall be required before reimbursement shall be made from said petty cash fund, in such form as shall be required by Director of Finance. Section 7. Pursuant to California Government Code Section 53607, the City Council hereby delegates its investment authority for Fiscal Year 2022-2023 to the City's duly appointed City Treasurer and designates the City Treasurer as the City's Investment Officer. Section 8. The City Council hereby delegates authority to the Investment Officer or her/his designee(s), including but not limited to the City Manager, Assistant City Manager, and the Assistant Director of Finance, to invest funds in accordance with the City's adopted Statement of Investment Policy. Section 9. The City Clerk shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of June, 2022. ATTEST: Randi Johl, City Clerk [SEAL] Matt Rahn, Mayor 3 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. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of June, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk RESOLUTION NO.2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS AND SALARY SCHEDULE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Schedule of Authorized Positions and Salary Schedule, attached hereto, is hereby adopted pursuant to Section 45001 of the California Government Code. Such list is attached to this Resolution and incorporated herein by this reference. Section 2. The Schedule of Authorized Positions and Salary Schedule shall become effective July 1, 2022, and may be, thereafter, amended. Section 3. The City Manager shall implement the attached Schedule of Authorized Positions and Salary Schedule and has the authority to select and appoint employees and approve Executive Staff employment agreements in accordance with the City of Temecula's Municipal Code and personnel policies. Section 4. In accordance with City of Temecula Municipal Code Section 2.60.030, the City Manager shall administer the City personnel system. This resolution specifically authorizes the City Manager to fix and alter the titles, compensation, and number of positions in the Schedule of Authorized Positions as needed, subject to the total personnel expenditure budget limitations approved by the City Council. Section 5. All prior resolutions and parts of this resolution in conflict with this Resolution are hereby rescinded. Section 6. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10 day of June, 2022. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of June, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk R SCHEDULE OF AUTHORIZED POSITIONS As of July 1, 2022 City of Temecula Fiscal Year 2022-23 Annual Operating Budget low FY2022-23 Number of Positions Salary Schedule Bargaining Unit'* Exempt/Non- Exempt Monthly Salary Minimum Maximum CITY COUNCIL Councilmember 5.0 600 800 N/A E City Council Subtotal: 5.0 CITY MANAGER Assistant City Manager 1.0 16,486 23,294 Exec E Assistant to the City Manager City Manager Executive Assistant Senior Office Specialist 1.0 10,131 14,316 MCP E 1.0 N/A 25,624 Contract E 1.0 5,332 7,533 MCP E 0.75 4,269 5,465 Re NE City Manager Subtotal: 4.75 OFFICE OF PUBLIC INFORMATION & ECONOMIC DEVELOPMENT 1.0 9,178 12,969 MCP E Economic Development Manager Management Analyst 2.0 6,032 8,523 MCP E Administrative Assistant 1.0 4,597 5,885 Rep NE Multimedia Specialist 1 1.0 5,202 6,658 Rep NE Office of Public Information & Economic Development Subtotal: 5.0 CITY CLERK Deputy City Clerk 1.0 6,824 9,643 MCP E Director of Legislative Affairs/City Clerk 1.0 13,293 18,782 Exec E Management Assistant 1.0 4,950 6,337 Rep NE Records Manager 1.0 6,183 8,736 MCP E Records Technician 1.0 3,591 4,597 Rep NE City Clerk Subtotal: 5.0 HUMAN RESOURCES Director of HR/Risk Management 1.0 13,293 18,782 Exec E Human Resources Technician I (Confidential) 2.0 4,713 6,658 MCP NE Management Assistant (Confidential) - Limited Term 1.0 4,950 6,996 MCP NE Management Analyst (Risk Management) 1.0 6,032 8,523 MCP E Senior Mana ement Analyst 2.0 6,996 9,883 MCP E of Human Resources Subtotal: 7.0 EMERGENCY MANAGEMENT Management Analyst 1.0 6,032 8,523 MCP E Emergency Management Subtotal: 1.0 FINANCE Accountant 1 1.0 6,183 7,914 Rep NE Accounting Assistant (Cashier & AP) 3.0 4,375 5,600 Rep NE Accounting Technician 1/11 1.0 4,829 6,497 Rep NE Assistant Director of Finance 1.0 11,183 15,801 MCP E Director of Finance 1.0 13,626 19,252 Exec E Fiscal Services Manager 2.0 9,178 12,969 MCP E Management Analyst 1.0 6,032 8,523 MCP E Finance Manager 1.0 7,914 11,183 MCP E Senior Accountant (Confidential) 1.0 7,171 10,131 MCP NE Senior Accounting Technician 1.0 5,600 7,171 Rep NE Senior Accounting Technician (Confidential) 1.0 5,600 7,914 MCP NE Senior Accountino Technician - Pa roll Confidential 1.0 5,600 7,914 MCP NE Finance Subtotal: 15.00 R SCHEDULE OF AUTHORIZED POSITIONS As of July 1, 2022 City of Temecula Fiscal Year 2022-23 Annual Operating Budget FY2022-23 Number of Positions Salary Schedule Bargaining Unit* Exempt/Non- Exempt Monthly Salary Minimum Maximum INFORMATION TECHNOLOGY Assistant Director Information Technology/Support Svcs 1.0 10,910 15,416 MCP E Director of Information Technology/Support Svcs 1.0 13,293 18,782 Exec E Information Technology Manager 1.0 9,883 13,965 MCP E Information Technology Specialist I (Confidential) 1.0 5,332 7,533 MCP NE Information Technology Specialist 11 (Confidential) 1.0 5,600 7,914 MCP NE Information Technology Supervisor (Confidential) 4.0 6,824 9,643 MCP NE Information Technology Supervisor (Multimedia Services) (Confidential) 1.0 6,824 9,643 MCP NE Information Technology Technician 11 (Confidential) 1.0 4,829 6,824 MCP NE Senior Administrative Assistant 1.0 5,075 6,497 Rep NE Senior Information Technology Specialist (Confidential) 1.0 6,183 8,736 MCP NE Support Services Office Specialist 11 -AM Office Specialist 11 - PM Support Services Supervisor Support Services Technician 0.6 3,867 4,950 Rep NE 0.6 3,867 4,950 Rep NE 1.0 4,269 5,465 Rep NE 0.5 3,503 4,486 Rep NE Information Technology Subtotal: 15.7 COMMUNITY DEVELOPMENT Assistant Director of Community Development 1.0 11,183 15,801 MCP E Deputy City Manager 1.0 14,988 21,178 Exec E Principal Management Analyst 1.0 7,722 10,910 MCP E Senior Administrative Assistant 1.0 5,075 6,497 Rep NE SARDA/CDBG Principal Planner 0.35 8,736 12,343 MCP E Planning Assistant Planner 2.0 5,600 7,171 Rep NE Associate Planner 1 1.0 6,497 8,315 Rep NE Associate Planner 11 1.0 7,171 9,178 Rep NE Community Development Technician 1 1.0 4,950 6,337 Rep NE Community Development Technician 11 (Underfill as Comm Dev Tech 1) 1.0 5,465 6,996 Rep NE Community Development Technician 11 3.0 5,465 6,996 Rep NE Planning Manager 1.0 9,643 13,626 MCP E Planning Technician 1.0 5,075 6,497 Rep NE Principal Planner 0.65 8,736 12,343 MCP E Senior Management Analyst 1.1 6,996 9,883 MCP E Senior Office Specialist 1.0 4,269 5,465 Rep NE Senior Planner 1.0 7,914 11,183 MCP E Building and Safety/Code Enforcement Administrative Assistant 2.0 4,597 5,885 Rep NE Building Inspector 1 1.0 5,741 7,349 Rep NE Building Inspector 11 4.0 6,337 8,112 Rep NE Building Official 1.0 10,131 14,316 MCP E Code Enforement Officer 1 2.0 4,829 6,183 Rep NE Code Enforcement Officer 11 1.0 5,332 6,824 Rep NE Field Supervisor - Code Enforcement 1.0 6,497 8,315 Rep NE Plan Checker 1.0 7,722 9,883 Rep NE Senior Code Enforcement Officer 1.0 5,885 7,533 Rep NE Senior Management Analyst 0.9 6,996 9,883 1 MCP E Community Development Subtotal: 34.0 R SCHEDULE OF AUTHORIZED POSITIONS As of July 1, 2022 City of Temecula Fiscal Year 2022-23 Annual Operating Budget FY2022-23 Number of Positions Salary Schedule Bargaining Unit- Exempt/Non- Exempt Monthly Salary Minimum Maximum PUBLIC WORKS Administrative Assistant (Underfill as Office Specialist II .5) 1.0 4,597 5,885 Rep NE Director of Public Works 1.0 13,626 19,252 Exec E Principal Management Analyst 1.0 7,722 10,910 MCP E CIP Administration Associate Civil Engineer 3.0 8,315 10,644 Rep E Associate Engineer II 3.0 7,914 10,131 Rep E Engineering Manager 1.0 11,463 16,196 MCP E Senior Office Specialist 1.0 4,269 5,465 Rep NE Principal Civil Engineer 1.0 10,384 14,673 MCP NE Senior Civil Engineer 1.0 9,409 13,293 MCP E Senior Public Works Inspector 2.0 6,824 8,736 Rep NE Supervising Public Works Inspector 1.0 7,533 9,643 Rep NE Land Development/NPDES Associate Civil Engineer 1.0 8,315 10,644 Rep E Associate Civil Engineer (Underfill as Associate Engineer II) 1.0 8,315 10,644 Rep E Associate Engineer 1 1.0 7,171 9,178 Rep E Associate Engineer II 1.0 7,914 10,131 Rep E Engineering Tech 1 1.0 5,332 6,824 Rep NE Management Assistant 1.0 4,950 6,337 Rep NE Principal Civil Engineer 1.0 10,384 14,673 MCP E Senior Management Analyst 1.0 6,996 9,883 MCP E Senior Public Works Inspector 2.0 6,824 8,736 Rep NE Traffic Associate Engineer II 1.0 7,914 10,131 Rep E Senior Civil Engineer 1.0 9,409 13,293 MCP E Senior Signal Technician 2.0 6,824 8,736 Rep NE Maintenance (Streets, Facilities, Parks) Custodian II - Facilities 2.0 3,335 4,269 Rep NE Field Supervisor - Trades 1.0 6,658 8,523 Rep NE Landscape Inspector 11 1.0 5,600 7,171 Rep NE Lead Maintenance Worker- Electrician 1.0 6,032 7,722 Rep NE Lead Maintenance Worker- HVAC 1.0 6,032 7,722 Rep NE Lead Maintenance Worker - Streets 3.0 4,829 6,183 Rep NE Lead Maintenance Worker- Parks 2.0 4,829 6,183 Rep NE Lead Maintenance Worker- Facilities 1.0 5,741 7,349 Rep NE Maintenance Manager 1.0 10,131 14,316 MCP E Maintenance Superintendent 3.0 9,178 12,969 MCP E Maintenance Worker I - Streets 4.0 3,964 5,075 Rep NE Maintenance Worker I - Parks 1.0 3,964 5,075 Rep NE Maintenance Worker I - Facilities 2.0 4,713 6,032 Rep NE Maintenance Worker II - Streets/Parks 3.0 4,375 5,600 Rep NE Management Assistant 1.0 4,950 6,337 Rep NE Management Assistant (Limited Term) 1.0 4,950 6,337 Rep NE Park Attendant 1 1.0 4,829 6,183 Rep NE Park Attendant II (Underfill as Park Attendant 1) 1.0 5,332 6,824 Rep NE Park Attendant II 1.0 5,332 6,824 Rep NE Senior Landscape Inspector 1.0 6,183 7,914 1 Rep NE Public Works Subtotal: 62.0 City Temecula Fiscal Year 2022-23 Annual Operating Budget SCHEDULE OF AUTHORIZED POSITIONS As of July 1, 2022 FY2022-23 Number of Positions Salary Schedule Bargaining Unit- Exempt/Non- Exempt Monthly Salary Minimum Maximum FIRE Community Development Technician II 2.0 5,465 6,996 Rep NE Fire Inspector 1 1.0 6,658 8,523 Rep NE Management Analyst 1.0 6,032 8,523 MCP E Fire Subtotal: 4.0 COMMUNITY SERVICES Aquatics Coordinator 1.0 4,950 6,337 Rep NE Aquatics Supervisor 1 2.0 5,465 6,996 Rep NE Aquatics Supervisor 11 1.0 5,741 7,349 Rep NE Community Services Assistant 1.0 4,063 5,202 Rep NE Community Services Coordinator 1 2.0 4,950 6,337 Rep NE Community Services Coordinator 11 2.0 5,202 6,658 Rep NE Community Services Manager 9.0 8,954 12,652 MCP E Community Services Specialist 1 2.0 4,269 5,465 Rep NE Community Services Superintendent 2.0 9,883 13,965 MCP E Community Services Supervisor 1 4.0 5,741 7,349 Rep NE Community Services Supervisor 11 2.0 6,032 7,722 Rep NE Director of Community Services 1.0 13,293 18,782 Exec E Management Aide 11 1.0 4,063 5,202 Rep NE Management Assistant 1.0 4,950 6,337 Rep NE Multimedia Coordinator 2.0 6,032 7,722 Rep NE Office Specialist 11 1.0 3,867 4,950 Rep NE Principal Management Analyst 1.0 7,722 10,910 MCP E Theater Technical Assistant 1.0 3,867 4,950 Rep NE Theater Technical Coordinator 11 1.0 5,202 6,658 Rep NE Community Services Subtotal: 37.0 Total By Department Positions "Bargaining Units: Rep = Represented MCP = Management/Confidential City Council 5.0 City Manager 4.75 Exec = Executive Economic Development 5.0 City Clerk 5.0 Human Resources 7.0 Emergency Management 1.0 Finance 15.0 Information Technology 15.7 Community Development 34.0 Public Works 62.0 Fire 4.0 Communitv Services 37.0 Unfunded positions include: (1) Office Specialist II (PW) CITY OF TEMECULA SALARY SCHEDULE EFFECTIVE JULY 1, 2022 I qw Salary Steps MCP Only Class Family / Title Level Class Code Time Base r 4.00 ADMINISTRATIVE Executive Assistant 4.00 951-004 Hourly 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 Monthly 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 Annually 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 Senior Administrative Assistant 4.00 952-004 Hourly 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 Monthly 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 Annually 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 Administrative Assistant 3.00 953-003 Hourly 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 Monthly 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 Annually 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 Senior Office Specialist 2.00 954-002 Hourly 24.63 25.24 25.88 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 Monthly 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 Annually 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 Office Specialist II 1.00 955-001 Hourly 22.31 22.87 23.44 24.03 24.63 25.24 25.88 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 Monthly 3,867.07 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 Annually 46,404.80 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 Office Specialist 1 1.00 956-001 Hourly 21.24 21.77 22.31 22.87 23.44 24.03 24.63 25.24 25.88 26.52 27.19 27.86 28.56 29.28 30.01 Monthly 3,681.60 3,773.47 3,867.07 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 Annually 44,179.20 45,281.60 46,404.80 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 Office Aide111 1.00 957-001 Hourly 19.72 20.21 20.72 21.24 21.77 22.31 22.87 23.44 24.03 24.63 25.24 25.88 26.52 27.19 27.86 Monthly 3,418.13 3,503.07 3,591.47 3,681.60 3,773.47 3,867.07 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 Annually 41,017.60 42,036.80 43,097.60 44,179.20 45,281.60 46,404.80 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 Office Aide11 1.00 958-001 Hourly 18.31 18.77 19.24 19.72 20.21 20.72 21.24 21.77 22.31 22.87 23.44 24.03 24.63 25.24 25.88 Monthly 3,173.73 3,253.47 3,334.93 3,418.13 3,503.07 3,591.47 3,681.60 3,773.47 3,867.07 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 Annually 38,084.80 39,041.60 40,019.20 41,017.60 42,036.80 43,097.60 44,179.20 45,281.60 46,404.80 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 Office Aide 1.00 959-001 Hourly 16.59 17.01 17.43 17.87 18.31 18.77 19.24 19.72 20.21 20.72 21.24 21.77 22.31 22.87 23.44 Monthly 2,875.60 2,948.40 3,021.20 3,097.47 3,173.73 3,253.47 3,334.93 3,418.13 3,503.07 3,591.47 3,681.60 3,773.47 3,867.07 3,964.13 4,062.93 Annually 34,507.20 35,380.80 36,254.40 37,169.60 38,084.80 39,041.60 40,019.20 41,017.60 42,036.80 43,097.60 44,179.20 45,281.60 46,404.80 47,569.60 48,755.20 ANALYST Principal Management Analyst 7.00 901-007 Hourly 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 58.45 59.91 61.41 62.94 Monthly 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 10,644.40 10,909.60 Annually 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 127,732.80 130,915.20 Senior Management Analyst 6.00 902-006 Hourly 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 Monthly 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 Annually 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 Management Analyst 5.00 903-005 Hourly 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 Monthly 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 Annually 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 Management Assistant 4.00 904-004 Hourly 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 Monthly 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 Annually 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 Management Aide III 3.00 905-003 Hourly 25.88 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 Monthly 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 Annually 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 PAGE 1 OF 14 Adopted 6/14/2022 CITY OF TEMECULA SALARY SCHEDULE EFFECTIVE JULY 1, 2022 Class Family / Title Level Class Code Time Base 23.44 24.03 r 24.63 25.24 I 25.88 Salary Steps r 26.52 4.00 27.19 4.50 27.86 5.00 28.56 5.50 29.28 6.00 30.01 30.76 MCP 31.53 Only 32.31 33.12 Management Aide II 2.00 906-002 Hourly Monthly 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 Annually 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 Management Aide 1.00 907-001 Hourly 21.24 21.77 22.31 22.87 23.44 24.03 24.63 25.24 25.88 26.52 27.19 27.86 28.56 29.28 30.01 Monthly 3,681.60 3,773.47 3,867.07 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 Annually 44,179.20 45,281.60 46,404.80 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 Intern 1.00 908-001 Hourly 15.41 15.79 16.19 16.59 17.01 17.43 17.87 18.31 18.77 19.24 19.72 Monthly 2,671.07 2,736.93 2,806.27 2,875.60 2,948.40 3,021.20 3,097.47 3,173.73 3,253.47 3,334.93 3,418.13 Annually 32,052.80 32,843.20 33,675.20 34,507.20 35,380.80 36,254.40 37,169.60 38,084.80 39,041.60 40,019.20 41,017.60 COMMUNITY DEVELOPMENT Director of Community Development 8.00 300-008 Hourly 78.61 80.57 82.59 84.65 86.77 88.94 91.16 93.44 95.77 98.17 100.62 103.14 105.72 108.36 111.07 Monthly 13,625.73 13,965.47 14,315.60 14,672.67 15,040.13 15,416.27 15,801.07 16,196.27 16,600.13 17,016.13 17,440.80 17,877.60 18,324.80 18,782.40 19,252.13 Annually 163,508.80 167,585.60 171,787.20 176,072.00 180,481.60 184,995.20 189,612.80 194,355.20 199,201.60 204,193.60 209,289.60 214,531.20 219,897.60 225,388.80 231,025.60 Asst Dir. of Community Development 7.00 330-007 Hourly 64.52 66.13 67.78 69.48 71.21 72.99 74.82 76.69 78.61 80.57 82.59 84.65 86.77 88.94 91.16 Monthly 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 13,292.93 13,625.73 13,965.47 14,315.60 14,672.67 15,040.13 15,416.27 15,801.07 Annually 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 155,625.60 159,515.20 163,508.80 167,585.60 171,787.20 176,072.00 180,481.60 184,995.20 189,612.80 COMMUNITY DEVELOPMENT- BUILDING 8, SAFETY Building Official 7.00 331-007 Hourly 58.45 59.91 61.41 62.94 64.52 66.13 67.78 69.48 71.21 72.99 74.82 76.69 78.61 80.57 82.59 Monthly 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 13,292.93 13,625.73 13,965.47 14,315.60 Annually 121,576.00 124,612.80 127,732.80 130,915.20 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 155,625.60 159,515.20 163,508.80 167,585.60 171,787.20 Field Supervisor - Building 4.00 330-004 Hourly 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 58.45 59.91 Monthly 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 Annually 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 Plan Checker 4.00 308-004 Hourly 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 Monthly 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 Annually 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 Senior Building Inspector 3.00 332-003 Hourly 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 Monthly 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 Annually 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 Building Inspector )) 2.00 333-002 Hourly 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 Monthly 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 Annually 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 Building Inspector ) 1.00 334-001 Hourly 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 Monthly 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 Annually 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 COMMUNITY DEVELOPMENT - CODE ENFORCEMENT Field Supervisor - Code Enforcement 4.00 343-004 Hourly 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 Monthly 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 Annually 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 Senior Code Enforcement Officer 3.00 340-003 Hourly 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 Monthly 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 Annually 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 Code Enforcement Officer II 2.00 341-002 Hourly 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 Monthly 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 Annually 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 PAGE 2 OF 14 Adopted 6/14/2022 CITY OF TEMECULA SALARY SCHEDULE EFFECTIVE JULY 1, 2022 I Class Family / Title Level Class Code Time Base I Salary Steps MCP Only r r 4.00 4.50 5.00 5.50 6.00 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 Code Enforcement Officer 1 1.00 342-001 Hourly Monthly 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 Annually 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 COMMUNITY DEVELOPMENT- PLANNING Planning Manager 7.00 301-007 Hourly 55.63 57.02 58.45 59.91 61.41 62.94 64.52 66.13 67.78 69.48 71.21 72.99 74.82 76.69 78.61 Monthly 9,642.53 9,883.47 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 13,292.93 13,625.73 Annually 115,710.40 118,601.60 121,576.00 124,612.80 127,732.80 130,915.20 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 155,625.60 159,515.20 163,508.80 Principal Planner 6.00 302-006 Hourly 50.40 51.66 52.95 54.28 55.63 57.02 58.45 59.91 61.41 62.94 64.52 66.13 67.78 69.48 71.21 Monthly 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 Annually 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 127,732.80 130,915.20 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 Senior Planner 5.00 303-005 Hourly 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 58.45 59.91 61.41 62.94 64.52 Monthly 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 Annually 94,972.80 97,344.00 1 99,777.60 102,273.60 1 104,832.00 107,452.80 110,136.00 1 112,902.40 115,710.40 1 118,601.60 121,576.00 124,612.80 1 127,732.80 130,915.20 1 134,201.60 Associate Planner11 4.00 304-004 Hourly 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 Monthly 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 Annually 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 Associate Planner 3.00 305-003 Hourly 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 Monthly 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 Annually 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 Assistant Planner 2.00 306-002 Hourly 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 Monthly 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 Annually 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 Planning Technician 1.00 307-001 Hourly 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 Monthly 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 Annually 60,902.40 62,420.80 1 63,980.80 65,582.40 67,204.80 68,889.60 1 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 COMMUNITY DEVELOPMENT - SERVICES CommDev Processing Supervisor 4.00 320-004 Hourly 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 Monthly 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 Annually 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 Senior CommDev Technician 3.00 321-003 Hourly 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 Monthly 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 Annually 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 CommDev Technician 11 2.00 322-002 Hourly 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 Monthly 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 Annually 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 CommDev Technician 1 1.00 323-001 Hourly 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 Monthly 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 Annually 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 CITY CLERK Director of Legislative Affairs/City Clerk 8.00 500-009 Hourly 76.69 78.61 80.57 82.59 84.65 86.77 88.94 91.16 93.44 95.77 98.17 100.62 103.14 105.72 108.36 Monthly 13,292.93 13,625.73 13,965.47 14,315.60 14,672.67 15,040.13 15,416.27 15,801.07 16,196.27 16,600.13 17,016.13 17,440.80 17,877.60 18,324.80 18,782.40 Annually 159,515.20 163,508.80 167,585.60 171,787.20 176,072.00 180,481.60 184,995.20 189,612.80 194,355.20 199,201.60 204,193.60 209,289.60 214,531.20 219,897.60 225,388.80 Deputy City Clerk 7.00 501-007 Hourly 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 Monthly 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 Annually 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 PAGE 3 OF 14 Adopted 6/14/2022 CITY OF TEMECULA SALARY SCHEDULE EFFECTIVE JULY 1, 2022 I Class Family / Title Level Class Code Time Base 35.67 36.56 37.48 38.41 39.37 Salary Steps 40.36 41.37 42.40 43.46 44.55 45.66 46.80 MCIP 47.97 Only 49.17 50.40 Records Manager 6.00 510-006 Hourly Monthly 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 Annually 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 Records Supervisor 4.00 511-004 Hourly 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 Monthly 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 Annually 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 Senior Records Coordinator 3.00 512-003 Hourly 25.24 25.88 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 Monthly 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 Annually 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 Records Coordinator 2.00 513-002 Hourly 22.87 23.44 24.03 24.63 25.24 25.88 26.52 27.19 27.86 28.56 29.28 Monthly 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 Annually 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 Records Technician 1.00 514-001 Hourly 20.72 21.24 21.77 22.31 22.87 23.44 24.03 24.63 25.24 25.88 26.52 Monthly 3,591.47 3,681.60 3,773.47 3,867.07 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 4,596.80 Annually 43,097.60 44,179.20 45,281.60 46,404.80 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 55,161.60 CITY MANAGER City Manager (per Employment Contract) 8.00 100-009 Hourly 147.83 Monthly N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 25,623.87 Annually 307,486.40 Assistant City Manager 8.00 101-008 Hourly 95.11 97.49 99.93 102.43 104.99 107.61 110.30 113.06 115.89 118.78 121.75 124.80 127.92 131.12 134.39 Monthly 16,485.73 16,898.27 17,321.20 17,754.53 18,198.27 18,652.40 19,118.67 19,597.07 20,087.60 20,588.53 21,103.33 21,632.00 22,172.80 22,727.47 23,294.27 Annually 197,828.80 202,779.20 207,854.40 213,054.40 218,379.20 223,828.80 229,424.00 235,164.80 241,051.20 247,062.40 253,240.00 259,584.00 266,073.60 272,729.60 279,531.20 Deputy City Manager 7.00 102-007 Hourly 86.47 88.63 90.84 93.12 95.44 97.83 100.28 102.78 105.35 107.99 110.69 113.45 116.29 119.20 122.18 Monthly 14,988.13 15,362.53 15,745.60 16,140.80 16,542.93 16,957.20 17,381.87 17,815.20 18,260.67 18,718.27 19,186.27 19,664.67 20,156.93 20,661.33 21,177.87 Annually 179,857.60 184,350.40 188,947.20 193,689.60 198,515.20 203,486.40 208,582.40 213,782.40 219,128.00 224,619.20 230,235.20 235,976.00 241,883.20 247,936.00 254,134.40 Assistant to the City Manager 6.00 103-007 Hourly 58.45 59.91 61.41 62.94 64.52 66.13 67.78 69.48 71.21 72.99 74.82 76.69 78.61 80.57 82.59 Monthly 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 13,292.93 13,625.73 13,965.47 14,315.60 Annually 121,576.00 124,612.80 127,732.80 130,915.20 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 155,625.60 159,515.20 163,508.80 167,585.60 171,787.20 Economic Development Manager 5.00 120-006 Hourly 52.95 54.28 55.63 57.02 58.45 59.91 61.41 62.94 64.52 66.13 67.78 69.48 71.21 72.99 74.82 Monthly 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 Annually 1 110,136.00 1 112,902.40 1 115,710.40 1 118,601.60 1 121,576.00 1 124,612.80 127,732.80 130,915.20 1 134,201.60 1 137,550.40 1 140,982.40 144,518.40 148,116.80 1 151,819.20 1 155,625.60 COMMUNITY SERVICES Director of Community Services 8.00 600-008 Hourly 76.69 78.61 80.57 82.59 84.65 86.77 88.94 91.16 93.44 95.77 98.17 100.62 103.14 105.72 108.36 Monthly 13,292.93 13,625.73 13,965.47 14,315.60 14,672.67 15,040.13 15,416.27 15,801.07 16,196.27 16,600.13 17,016.13 17,440.80 17,877.60 18,324.80 18,782.40 Annually 159,515.20 163,508.80 167,585.60 171,787.20 176,072.00 180,481.60 184,995.20 189,612.80 194,355.20 199,201.60 204,193.60 209,289.60 214,531.20 219,897.60 225,388.80 Asst Director of Community Services 7.00 601-007 Hourly 62.94 64.52 66.13 67.78 69.48 71.21 72.99 74.82 76.69 78.61 80.57 82.59 84.65 86.77 88.94 Monthly 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 13,292.93 13,625.73 13,965.47 14,315.60 14,672.67 15,040.13 15,416.27 Annually 130,915.20 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 155,625.60 159,515.20 163,508.80 167,585.60 171,787.20 176,072.00 180,481.60 184,995.20 Community Services Superintendent 6.00 602-006 Hourly 57.02 58.45 59.91 61.41 62.94 64.52 66.13 67.78 69.48 71.21 72.99 74.82 76.69 78.61 80.57 Monthly 9,883.47 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 13,292.93 13,625.73 13,965.47 Annually 118,601.60 121,576.00 124,612.80 127,732.80 130,915.20 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 155,625.60 159,515.20 163,508.80 167,585.60 Community Services Manager 5.00 603-005 Hourly 51.66 52.95 54.28 55.63 57.02 58.45 59.91 61.41 62.94 64.52 66.13 67.78 69.48 71.21 72.99 Monthly 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 1 Annually 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 127,732.80 130,915.20 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 PAGE 4 OF 14 Adopted 6/14/2022 CITY OF TEMECULA SALARY SCHEDULE EFFECTIVE JULY 1, 2022 I Class Family / Title Level Class Code Time Base 1.00 34.80 1.50 35.67 2.00 36.56 37.48 38.41 Salary Steps r 39.37 4.00 40.36 4.50 41.37 5.00 42.40 5.50 43.46 44.55 MCIP Only Community Services Supervisor II 4.00 610-004 Hourly Monthly 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 Annually 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 Community Services Supervisor 1 4.00 611-004 Hourly 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 Monthly 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 Annually 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 Community Services Coordinator II 3.00 612-003 Hourly 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 Monthly 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 Annually 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 Community Services Coordinator 1 3.00 613-003 Hourly 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 Monthly 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 Annually 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 Community Services Specialist 11 2.00 614-002 Hourly 25.88 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 Monthly 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 Annually 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 Community Services Specialist 1 2.00 615-002 Hourly 24.63 25.24 25.88 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 Monthly 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 Annually 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 Community Services Assistant 1.00 616-001 Hourly 23.44 24.03 24.63 25.24 25.88 26.52 27.19 27.86 28.56 29.28 30.01 Monthly 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 Annually 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 Senior Recreation Leader 1.00 617-001 Hourly 21.77 22.31 22.87 23.44 24.03 24.63 25.24 25.88 26.52 27.19 27.86 Monthly 3,773.47 3,867.07 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 Annually 45,281.60 46,404.80 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 Recreation Leader 1.00 618-001 Hourly 20.21 20.72 21.24 21.77 22.31 22.87 23.44 24.03 24.63 25.24 25.88 Monthly 3,503.07 3,591.47 3,681.60 3,773.47 3,867.07 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 Annually 42,036.80 43,097.60 44,179.20 45,281.60 46,404.80 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 Recreation Assistant 1.00 619-001 Hourly 18.77 19.24 19.72 20.21 20.72 21.24 21.77 22.31 22.87 23.44 24.03 Monthly 3,253.47 3,334.93 3,418.13 3,503.07 3,591.47 3,681.60 3,773.47 3,867.07 3,964.13 4,062.93 4,165.20 Annually 39,041.60 40,019.20 41,017.60 42,036.80 43,097.60 44,179.20 45,281.60 46,404.80 47,569.60 48,755.20 49,982.40 COMMUNITY SERVICES - AQUATICS Aquatics Supervisor 11 4.00 620-004 Hourly 33.12 33.9S 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 Monthly 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 Annually 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 Aquatics Supervisor 1 4.00 621-004 Hourly 31.S3 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 Monthly 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 Annually 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 Aquatics Coordinator 3.00 622-003 Hourly 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 Monthly 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 Annually 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 Lead Lifeguard 2.00 623-002 Hourly 21.77 22.31 22.87 23.44 24.03 24.63 25.24 25.88 26.52 27.19 27.86 Monthly 3,773.47 3,867.07 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 Annually 45,281.60 46,404.80 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 PAGE 5 OF 14 Adopted 6/14/2022 CITY OF TEMECULA SALARY SCHEDULE EFFECTIVE JULY 1, 2022 I Class Family / Title Level Class Code Time Base 1.00 20.21 1.50 20.72 2.00 21.24 2.50 21.77 22.31 Salary Steps r 22.87 4.00 23.44 4.50 24.03 5.00 24.63 5.50 25.24 6.00 25.88 6.50 MCP 7.00 Only 7.50 8.00 Senior Lifeguard 1.00 624-001 Hourly Monthly 3,503.07 3,591.47 3,681.60 3,773.47 3,867.07 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 Annually 42,036.80 43,097.60 44,179.20 45,281.60 46,404.80 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 Lifeguard 1.00 625-001 Hourly 18.77 19.24 19.72 20.21 20.72 21.24 21.77 22.31 22.87 23.44 24.03 Monthly 3,253.47 3,334.93 3,418.13 3,503.07 3,591.47 3,681.60 3,773.47 3,867.07 3,964.13 4,062.93 4,165.20 Annually 39,041.60 40,019.20 41,017.60 42,036.80 43,097.60 44,179.20 45,281.60 46,404.80 47,569.60 48,755.20 49,982.40 Water Safety Instructor 1.00 626-001 Hourly 18.77 19.24 19.72 20.21 20.72 21.24 21.77 22.31 22.87 23.44 24.03 Monthly 3,253.47 3,334.93 3,418.13 3,503.07 3,591.47 3,681.60 3,773.47 3,867.07 3,964.13 4,062.93 4,165.20 Annually 39,041.60 40,019.20 41,017.60 42,036.80 43,097.60 44,179.20 45,281.60 46,404.80 47,569.60 48,755.20 49,982.40 COMMUNITY SERVICES - DAY CAMP Day Camp Director 1.00 654-001 Hourly 22.87 23.44 24.03 24.63 25.24 25.88 26.52 27.19 27.86 28.56 29.28 Monthly 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 Annually 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 Assistant Day Camp Director 1.00 655-001 Hourly 20.72 21.24 21.77 22.31 22.87 23.44 24.03 24.63 25.24 25.88 26.52 Monthly 3,591.47 3,681.60 3,773.47 3,867.07 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 4,596.80 Annually 43,097.60 44,179.20 1 45,281.60 46,404.80 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 55,161.60 COMMUNITY SERVICES - THEATER Theater Technical Coordinator)) 3.00 640-003 Hourly 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 Monthly 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 Annually 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 Theater Technical Coordinator) 3.00 641-003 Hourly 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 Monthly 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 Annually 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 Theater Technical Specialist II 2.00 642-002 Hourly 25.88 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 Monthly 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 Annually 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 Theater Technical Specialist 2.00 643-002 Hourly 24.63 25.24 25.88 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 Monthly 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 Annually 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 Theater Technical Assistant 1.00 644-001 Hourly 22.31 22.87 23.44 24.03 24.63 25.24 25.88 26.52 27.19 27.86 28.56 Monthly 3,867.07 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 Annually 46,404.80 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 FINANCE Director of Finance 8.00 200-008 Hourly 78.61 80.57 82.59 84.65 86.77 88.94 91.16 93.44 95.77 98.17 100.62 103.14 105.72 108.36 111.07 Monthly 13,625.73 13,965.47 14,315.60 14,672.67 15,040.13 15,416.27 15,801.07 16,196.27 16,600.13 17,016.13 17,440.80 17,877.60 18,324.80 18,782.40 19,252.13 Annually 163,508.80 167,585.60 171,787.20 176,072.00 180,481.60 184,995.20 189,612.80 194,355.20 199,201.60 204,193.60 209,289.60 214,531.20 219,897.60 225,388.80 231,025.60 Assistant Director of Finance 7.00 201-007 Hourly 64.52 66.13 67.78 69.48 71.21 72.99 74.82 76.69 78.61 80.57 82.59 84.65 86.77 88.94 91.16 Monthly 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 13,292.93 13,625.73 13,965.47 14,315.60 14,672.67 15,040.13 15,416.27 15,801.07 Annually 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 155,625.60 159,515.20 163,508.80 167,585.60 171,787.20 176,072.00 180,481.60 184,995.20 189,612.80 Fiscal Services Manager 6.00 202-006 Hourly 52.95 54.28 55.63 57.02 58.45 59.91 61.41 62.94 64.52 66.13 67.78 69.48 71.21 72.99 74.82 Monthly 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 Annually 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 127,732.80 130,915.20 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 155,625.60 Finance Manager 5.00 204-005 Hourly 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 58.45 59.91 61.41 62.94 64.52 Monthly 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 Annually 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 127,732.80 130,915.20 134,201.60 PAGE 6 OF 14 Adopted 6/14/2022 CITY OF TEMECULA SALARY SCHEDULE EFFECTIVE JULY 1, 2022 I I Salary Steps MCP Only Class Family / Title Level Class Code Time Base FINANCE - ACCOUNTING Senior Accountant 4.00 240-004 Hourly 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 58.45 Monthly 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 Annually 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 Accountant)) 3.00 241-003 Hourly 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 Monthly 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 Annually 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 Accountantl 3.00 242-003 Hourly 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 Monthly 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 Annually 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 FINANCE - ACCOUNTING SUPPORT Accounting Support Supervisor 4.00 250-004 Hourly 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 Monthly 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 Annually 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 Senior Accounting Technician 3.00 251-003 Hourly 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 Monthly 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 Annually 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 Accounting Technician)) 2.00 252-002 Hourly 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 Monthly 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 Annually 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 Accounting Technician) 2.00 253-002 Hourly 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 Monthly 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 Annually 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 Accounting Assistant 1.00 254-001 Hourly 25.24 25.88 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 Monthly 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 Annually 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 Cashier 1.00 230-001 Hourly 25.24 25.88 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 Monthly 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 Annually 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 FINANCE - BUSINESS LICENSE Business License Supervisor 4.00 260-004 Hourly 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 Monthly 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 Annually 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 Senior Business License Technician 3.00 261-003 Hourly 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 Monthly 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 Annually 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 Business License Technician 2.00 262-002 Hourly 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 Monthly 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 Annually 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 Business License Assistant 1.00 263-001 Hourly 25.24 25.88 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 Monthly 4,374.93 41485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 Annually 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 PAGE 7 OF 14 Adopted 6/14/2022 CITY OF TEMECULA SALARY SCHEDULE EFFECTIVE JULY 1, 2022 I I Salary Steps MCP Only Class Family / Title Level Class Code Time Base 1.00 2.00 r 4.50 5.00 6.00 FINANCE - PAYROLL Payroll Manager 5.00 220-005 Hourly 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 58.45 59.91 Monthly 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 Annually 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 Payroll Administrator 4.00 222-004 Hourly 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 Monthly 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 Annually 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 Payroll Sup ervisor 4.00 221-004 Hourly 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 Monthly 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 Annually 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 Senior Payroll Coordinator 3.00 223-003 Hourly 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 Monthly 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 Annually 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 Payroll Coordinator 2.00 224-002 Hourly 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 Monthly 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 Annually 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 Payroll Technician 1.00 225-001 Hourly 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 Monthly 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 Annually 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 FINANCE - PURCHASING Purchasing Manager 5.00 203-005 Hourly 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 Monthly 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 Annually 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 Purchasing Supervisor 4.00 204-004 Hourly 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 Monthly 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 Annually 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 Senior Buyer 3.00 205-003 Hourly 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 Monthly 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 Annually 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 Buyer 11 2.00 206-002 Hourly 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 Monthly 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 Annually 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 Buyer 2.00 207.00 Hourly 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 Monthly 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 Annually 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 Purchasing Assistant 1.00 208-001 Hourly 25.24 25.88 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 Monthly 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 Annually 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 FIRE Field Supervisor - Fire 4.00 353-004 Hourly 51.66 52.95 54.28 55.63 57.02 58.45 59.91 61.41 62.94 64.52 66.13 Monthly 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 Annually 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 127,732.80 130,915.20 134,201.60 137,550.40 Senior Fire Inspector 4.00 350-003 Hourly 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 58.45 59.91 Monthly 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 Annually 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 PAGE 8 OF 14 Adopted 6/14/2022 CITY OF TEMECULA SALARY SCHEDULE EFFECTIVE JULY 1, 2022 I Class Family / Title Level Class Code Time Base 1.00 42.40 43.46 2.00 44.55 2.50 45.66 E&W61 46.80 Salary Steps 3.50 47.97 4.00 49.17 4.50 50.40 5.00 51.66 5.50 52.95 6.00 54.28 MCIP Only Fire Inspector11 2.00 351-002 Hourly Monthly 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 Annually 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 Fire Inspector 1 1.00 352-001 Hourly 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 Monthly 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 Annually 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 HUMAN RESOURCES Director ofHR/Risk Management 8.00 800-008 Hourly 76.69 78.61 80.57 82.59 84.65 86.77 88.94 91.16 93.44 95.77 98.17 100.62 103.14 105.72 108.36 Monthly 13,292.93 13,625.73 13,965.47 14,315.60 14,672.67 15,040.13 15,416.27 15,801.07 16,196.27 16,600.13 17,016.13 17,440.80 17,877.60 18,324.80 18,782.40 Annually 159,515.20 163,508.80 167,585.60 171,787.20 176,072.00 180,481.60 184,995.20 189,612.80 194,355.20 199,201.60 204,193.60 209,289.60 214,531.20 219,897.60 225,388.80 Asst Director of HR/Risk Management 7.00 801-007 Hourly 59.91 61.41 62.94 64.52 66.13 67.78 69.48 71.21 72.99 74.82 76.69 78.61 80.57 82.59 84.65 Monthly 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 13,292.93 13,625.73 13,965.47 14,315.60 14,672.67 Annually 124,612.80 127,732.80 1 130,915.20 134,201.60 1 137,550.40 140,982.40 144,518.40 1 148,116.80 151,819.20 1 155,625.60 159,515.20 163,508.80 1 167,585.60 171,787.20 1 176,072.00 HR Supervisor 4.00 804-004 Hourly 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 Monthly 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 Annually 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 Senior HR Technician 3.00 805-003 Hourly 31.S3 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 Monthly 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 Annually 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 HR Technician11 2.00 806-002 Hourly 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 Monthly 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 Annually 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 HR Technician 2.00 807-002 Hourly 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 Monthly 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 Annually 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 HR Assistant 1.00 808-001 Hourly 24.63 25.24 25.88 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 Monthly 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 Annually 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 INFORMATION TECHNOLOGY Director of IT/Support Services 8.00 700-008 Hourly 76.69 78.61 80.57 82.59 84.65 86.77 88.94 91.16 93.44 95.77 98.17 100.62 103.14 105.72 108.36 Monthly 13,292.93 13,625.73 13,965.47 14,315.60 14,672.67 15,040.13 15,416.27 15,801.07 16,196.27 16,600.13 17,016.13 17,440.80 17,877.60 18,324.80 18,782.40 Annually 159,515.20 163,508.80 167,585.60 171,787.20 176,072.00 180,481.60 184,995.20 189,612.80 194,355.20 199,201.60 204,193.60 209,289.60 214,531.20 219,897.60 225,388.80 Asst Director of IT/Support Services 7.00 701-007 Hourly 62.94 64.52 66.13 67.78 69.48 71.21 72.99 74.82 76.69 78.61 80.57 82.59 84.65 86.77 88.94 Monthly 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 13,292.93 13,625.73 13,965.47 14,315.60 14,672.67 15,040.13 15,416.27 Annually 130,915.20 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 155,625.60 159,515.20 163,508.80 167,585.60 171,787.20 176,072.00 180,481.60 184,995.20 IT Manager 6.00 702-006 Hourly 57.02 58.45 59.91 61.41 62.94 64.52 66.13 67.78 69.48 71.21 72.99 74.82 76.69 78.61 80.57 Monthly 9,883.47 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 13,292.93 13,625.73 13,965.47 Annually 118,601.60 121,576.00 124,612.80 127,732.80 130,915.20 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 155,625.60 159,515.20 163,508.80 167,585.60 IT Administrator 5.00 703-005 Hourly 51.66 52.95 54.28 55.63 57.02 58.45 59.91 61.41 62.94 64.52 66.13 67.78 69.48 71.21 72.99 Monthly 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 Annually 1 107,452.80 1 110,136.00 1 112,902.40 1 115,710.40 1 118,601.60 1 121,576.00 1 124,612.80 1 127,732.80 1 130,915.20 1 134,201.60 1 137,550.40 1 140,982.40 1 144,518.40 1 148,116.80 1 151,819.20 IT Supervisor 4.00 704-004 Hourly 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 Monthly 6,824.13 6,995:73 7,170.80 7,349.33 7,533.07 7,7242:00 7,914.40 8,112.00 1,314.80 8,522.80 1,736:00 8,954.40 9,178.00 9,408.53 9,642.53 Annually 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 PAGE 9 OF 14 Adopted 6/14/2022 CITY OF TEMECULA SALARY SCHEDULE EFFECTIVE JULY 1, 2022 I Class Family / Title Level Class Code Time Base 1.00 35.67 36.56 2.00 37.48 2.50 38.41 39.37 Salary Steps r 40.36 4.00 41.37 4.50 42.40 5.00 43.46 5.50 44.55 6.00 45.66 46.80 MCP 47.97 Only 49.17 50.40 Senior IT Specialist 3.00 705-003 Hourly Monthly 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 Annually 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 IT Specialist II 2.00 706-002 Hourly 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 Monthly 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 Annually 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 IT Specialist 1 2.00 707-002 Hourly 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 Monthly 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 Annually 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 IT Technician II 1.00 708-001 Hourly 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 Monthly 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 Annually 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 IT Technician I 1.00 709-001 Hourly 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 Monthly 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 Annually 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 MEDIA/MARKETING Multimedia Coordinator 3.00 921-004 Hourly 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 Monthly 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 Annually 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 Multimedia Specialist II 2.00 922-003 Hourly 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 Monthly 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 Annually 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 Multimedia Specialist 1 2.00 923-002 Hourly 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 Monthly 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 Annually 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 Multimedia Assistant 1.00 924-001 Hourly 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 Monthly 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 51740.80 5,884.67 6,032.00 6,182.80 6,337.07 Annually 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 PUBLIC WORKS Director of PW/City Engineer 8.00 400-008 Hourly 78.61 80.57 82.59 84.65 86.77 88.94 91.16 93.44 95.77 98.17 100.62 103.14 105.72 108.36 111.07 Monthly 13,625.73 13,965.47 14,315.60 14,672.67 15,040.13 15,416.27 15,801.07 16,196.27 16,600.13 17,016.13 17,440.80 17,877.60 18,324.80 18,782.40 19,252.13 Annually 163,508.80 167,585.60 171,787.20 176,072.00 180,481.60 184,995.20 189,612.80 194,355.20 199,201.60 204,193.60 209,289.60 214,531.20 219,897.60 225,388.80 231,025.60 PUBLIC WORKS - CUSTODIAL Custodian ll 2.00 460-002 Hourly 19.24 19.72 20.21 20.72 21.24 21.77 22.31 22.87 23.44 24.03 24.63 Monthly 3,334.93 3,418.13 3,503.07 3,591.47 3,681.60 3,773.47 3,867.07 3,964.13 4,062.93 4,165.20 4,269.20 Annually 40,019.20 41,017.60 42,036.80 43,097.60 44,179.20 45,281.60 46,404.80 47,569.60 48,755.20 49,982.40 51,230.40 Custodian 1.00 461-001 Hourly 17.43 17.87 18.31 18.77 19.24 19.72 20.21 20.72 21.24 21.77 22.31 Monthly 3,021.20 3,097.47 3,173.73 3,253.47 3,334.93 3,418.13 3,503.07 3,591.47 3,681.60 3,773.47 3,867.07 Annually 36,254.40 37,169.60 38,084.80 39,041.60 40,019.20 41,017.60 42,036.80 43,097.60 44,179.20 45,281.60 46,404.80 PUBLIC WORKS - ENGINEERING Engineering Manager 7.00 401-007 Hourly 66.13 67.78 69.48 71.21 72.99 74.82 76.69 78.61 80.57 82.59 84.65 86.77 88.94 91.16 93.44 Monthly 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 13,292.93 13,625.73 13,965.47 14,315.60 14,672.67 15,040.13 15,416.27 15,801.07 16,196.27 Annually 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 155,625.60 159,515.20 163,508.80 167,585.60 171,787.20 176,072.00 180,481.60 184,995.20 189,612.80 194,355.20 PAGE 10 OF 14 Adopted 6/14/2022 CITY OF TEMECULA SALARY SCHEDULE EFFECTIVE JULY 1, 2022 I Class Family / Title Level Class Code Time Base 1.00 59.91 1.50 61.41 2.00 62.94 2.50 64.52 3.00 66.13 Salary Steps 3.50 67.78 4.00 69.48 4.50 71.21 5.00 72.99 5.50 74.82 6.00 76.69 78.61 MCIP 80.57 Only 82.59 84.65 Principal Civil Engineer 6.00 402-006 Hourly Monthly 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 13,292.93 13,625.73 13,965.47 14,315.60 14,672.67 Annually 124,612.80 127,732.80 130,915.20 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 155,625.60 159,515.20 163,508.80 167,585.60 171,787.20 176,072.00 Senior Civil Engineer 5.00 403-005 Hourly 54.28 55.63 57.02 58.45 59.91 61.41 62.94 64.52 66.13 67.78 69.48 71.21 72.99 74.82 76.69 Monthly 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 13,292.93 Annually 112,902.40 115,710.40 1 118,601.60 121,576.00 1 124,612.80 127,732.80 130,915.20 1 134,201.60 137,550.40 1 140,982.40 144,518.40 148,116.80 1 151,819.20 155,625.60 1 159,515.20 Associate Civil Engineer 4.00 404-004 Hourly 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 58.45 59.91 61.41 Monthly 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 10,644.40 Annually 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 127,732.80 Associate Engineer11 4.00 405-004 Hourly 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 58.45 Monthly 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 Annually 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 Associate Engineer 3.00 406-003 Hourly 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 Monthly 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 Annually 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 Assistant Engineer II 2.00 407-002 Hourly 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 Monthly 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 Annually 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 Assistant Engineer 1 2.00 408-002 Hourly 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 Monthly 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 Annually 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 Engineering Technician11 1.00 409-001 Hourly 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 Monthly 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 Annually 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 Engineering Technician 1 1.00 410-001 Hourly 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 Monthly 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 Annually 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 PUBLIC WORKS - INSPECTIONS Construction Manager 4.00 415-004 Hourly 49.17 50.40 51.66 52.95 54.28 55.63 57.02 58.45 59.91 61.41 62.94 Monthly 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 10,644.40 10,909.60 Annually 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 127,732.80 130,915.20 Supervising PW Inspector 4.00 420-004 Hourly 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 Monthly 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 Annually 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 Senior PW Inspector 3.00 421-003 Hourly 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 Monthly 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 Annually 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 PW Inspector II 2.00 422-002 Hourly 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 Monthly 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 Annually 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 PW Inspector 1.00 423-001 Hourly 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 Monthly 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 Annually 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 PAGE 11 OF 14 Adopted 6/14/2022 CITY OF TEMECULA SALARY SCHEDULE EFFECTIVE JULY 1, 2022 I I Salary Steps MCP Only Class Family / Title Level Class Code Time Base r 3.50 4.00 4.50 5.00 6.00 r PUBLIC WORKS - MAINTENANCE Maintenance Manager 7.00 430-007 Hourly 58.45 59.91 61.41 62.94 64.52 66.13 67.78 69.48 71.21 72.99 74.82 76.69 78.61 80.57 82.59 Monthly 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 13,292.93 13,625.73 13,965.47 14,315.60 Annually 121,576.00 124,612.80 127,732.80 130,915.20 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 155,625.60 159,515.20 163,508.80 167,585.60 171,787.20 Maintenance Superintendent 6.00 431-006 Hourly 52.95 54.28 55.63 57.02 58.45 59.91 61.41 62.94 64.52 66.13 67.78 69.48 71.21 72.99 74.82 Monthly 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 Annually 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 127,732.80 130,915.20 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 155,625.60 PUBLIC WORKS - LANDSCAPE Maintenance Supervisor- Landscape 5.00 443-005 Hourly 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 58.45 59.91 61.41 Monthly 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 10,644.40 Annually 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 127,732.80 Field Supervisor - Landscape 4.00 444-004 Hourly 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 Monthly 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 Annually 81,889.60 83,948.80 1 86,049.60 88,192.00 90,396.80 1 92,664.00 94,972.80 1 97,344.00 99,777.60 102,273.60 1 104,832.00 Senior Landscape Inspector 3.00 440-003 Hourly 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 Monthly 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 Annually 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 Landscape Inspectorll 2.00 441-002 Hourly 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 Monthly 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 Annually 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 Landscape Inspector 1.00 442-001 Hourly 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 Monthly 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 Annually 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 PUBLIC WORKS - PARK ATTENDANT Supervising Park Attendant 4.00 630-004 Hourly 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 Monthly 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 Annually 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 Park Attendant III 3.00 631-003 Hourly 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 Monthly 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 Annually 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 Park Attendant)) 2.00 632-002 Hourly 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 Monthly 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 Annually 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 Park Attendant) 1.00 633-001 Hourly 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 Monthly 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 Annually 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 PUBLIC WORKS - STREETS/PARKS Maintenance Supervisor - Streets/Parks 5.00 432-005 Hourly 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 Monthly 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 Annually 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 Field Supervisor - Streets/Parks 4.00 433-004 Hourly 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 Monthly 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 Annually 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 PAGE 12 OF 14 Adopted 6/14/2022 CITY OF TEMECULA SALARY SCHEDULE EFFECTIVE JULY 1, 2022 Class Family / Title Level Class Code Time Base 1.00 27.86 1.50 28.56 2.00 29.28 2.50 30.01 I 30.76 Salary Steps 3.50 31.53 4.00 32.31 4.50 33.12 5.00 33.95 5.50 34.80 6.00 35.67 MCP Only Lead Maintenance Worker - Streets/Parks 3.00 434-003 Hourly Monthly 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 Annually 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 Maintenance Worker ll- Streets/Parks 2.00 435.00 Hourly 25.24 25.88 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 Monthly 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 Annually 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 Maintenance Workerl- Streets/Parks 1.00 436-001 Hourly 22.87 23.44 24.03 24.63 25.24 25.88 26.52 27.19 27.86 28.56 29.28 Monthly 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 Annually 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 PUBLIC WORKS - FACILITIES Maintenance Supervisor- Facilities 5.00 432-005 Hourly 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 Monthly 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 Annually 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 Field Supervisor - Facilities 4.00 472-004 Hourly 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 Monthly 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 Annually 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 Lead Maintenance Worker - Facilities 3.00 473-003 Hourly 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 Monthly 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 Annually 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 Maintenance Worker II - Facilities 2.00 474-002 Hourly 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 Monthly 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 Annually 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 Maintenance Worker I - Facilities 1.00 475-001 Hourly 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 Monthly 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 Annually 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 PUBLIC WORKS - TRADES Maintenance Supervisor - Trades 5.00 482-005 Hourly 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 58.45 59.91 Monthly 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 Annually 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 Field Supervisor - Trades 4.00 483-004 Hourly 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 Monthly 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 Annually 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 Lead Maintenance Worker -Trades 3.00 484-003 Hourly 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 Monthly 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 Annually 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 Maintenance Worker ll- Trades 2.00 485-002 Hourly 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 Monthly 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 Annually 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 Maintenance Workerl-Trades 1.00 486-001 Hourly 28.S6 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 Monthly 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 Annually 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 PUBLIC WORKS - TRAFFIC SIGNALS Maintenance Supervisor -Signals 5.00 453-005 Hourly 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 58.45 59.91 61.41 62.94 64.52 66.13 67.78 Monthly 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 11,748.53 Annually 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 127,732.80 130,915.20 134,201.60 137,550.40 140,982.40 PAGE 13 OF 14 Adopted 6/14/2022 CITY OF TEMECULA SALARY SCHEDULE EFFECTIVE JULY 1, 2022 I Class Family / Title Level Class Code Time Base 1.00 43.46 1.50 44.55 2.00 45.66 46.80 47.97 Salary Steps r 49.17 4.00 50.40 4.50 51.66 5.00 52.95 5.50 54.28 6.00 55.63 MCP Only Field Supervisor - Signals 4.00 454-004 Hourly Monthly 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 Annually 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 Senior Signal Technician 3.00 450-003 Hourly 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 Monthly 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 Annually 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 Signal Technician II 2.00 451-002 Hourly 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 Monthly 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 Annually 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 Signal Technician 1 2.00 452-002 Hourly 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 Monthly 5,884.67 6,032.00 6,182.80 6,337.07 6,496.S3 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 Annually 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 SUPPORT SERVICES Support Services Supervisor 4.00 720-004 Hourly 24.63 25.24 25.88 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 Monthly 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 Annually 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 Senior Support Services Technician 3.00 721-003 Hourly 22.31 22.87 23.44 24.03 24.63 25.24 25.88 26.52 27.19 27.86 28.56 Monthly 3,867.07 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 Annually 46,404.80 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 Support Services Technician 2.00 722-002 Hourly 20.21 20.72 21.24 21.77 22.31 22.87 23.44 24.03 24.63 25.24 25.88 Monthly 3,503.07 3,591.47 3,681.60 3,773.47 3,867.07 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 Annually 42,036.80 43,097.60 44,179.20 45,281.60 46,404.80 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 Support Services Assistant 1.00 723-001 Hourly 18.31 18.77 19.24 19.72 20.21 20.72 21.24 21.77 22.31 22.87 23.44 Monthly 3,173.73 3,253.47 3,334.93 3,418.13 3,503.07 3,591.47 3,681.60 3,773.47 3,867.07 3,964.13 4,062.93 Annually 38,084.80 39,041.60 40,019.20 41,017.60 42,036.80 43,097.60 44,179.20 45,281.60 46,404.80 47,569.60 48,755.20 PAGE 14 OF 14 Adopted 6/14/2022 RESOLUTION NO.2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2022-23 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Appropriations Limit will be calculated based on the changes in City population and California per capita personal income. Section 2. The Appropriations Limit for the City of Temecula for FY 2022-23, attached hereto, is hereby adopted. Section 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the office of the City Clerk. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of June, 2022. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of June, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk City of Temecula Fiscal Year 2022-23 a Annual Operating Budget GANN APPROPRIATIONS LIMIT Article XIIIB of the California State Constitution, more commonly referred to as the Gann Initiative or Gann Limit, was approved by California voters in November 1979, and placed limits on the amount of proceeds of taxes that state and local government agencies can receive and spend each year. For cities that incorporated after 1978- 79 (such as the City of Temecula), the voters set the initial appropriations limit at the time of incorporation. Proposition 111 was approved by California voters in June 1990, which provided new adjustment formulas which make the appropriations limit more responsive to local growth issues. Each year the City Council must adopt by resolution the appropriations limit for the following year. Following is the calculation of the City's Gann Appropriations Limit for Fiscal Year 2022-23: Fiscal Year 2021-22 Appropriations Limits..... City Population Growth ................................. Per Capita Personal Income Change .............. Fiscal Year 2022-23 Appropriations Limit ...... .......................................................... $312,834,479 ......................................................................0.42 ...............7.55 ...$335,045,727 Appropriations subject to the limit in the Fiscal Year 2022-23 Budget total $97,674,737 which is $237,370,990 less than the computed limit. Additional appropriations to the budget funded by non -tax sources such as service charges, restricted revenues from other agencies, grants or beginning fund balances would be unaffected by the appropriations limit. However, any supplemental appropriations funded through increased tax sources would be subject to the appropriations limit and could not exceed the $237,370,990 variance indicated. Further, any overall actual receipts from tax sources greater than $237,370,990 from budget estimates will result in proceeds from taxes in excess of the City's appropriations limit, requiring refunds of the excess within the next two fiscal years or voter approval of an increase in the City's appropriations limit. Voter approval for an increase in the City's appropriations limit is not anticipated in the future due to the margin between the limit and tax revenue. GANN Appropriations Limit 400,000,000 350,000,000 — 300,000,000 — 250,000,000 200,000,000 150,000,000 — 100,000,000 50,000,000- - — 0 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 ■ Appropriations Subject to Limit Legal Limit Annual Operating Budget Item No. 29 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Isaac Garibay, Director of Human Resources and Risk Management DATE: June 14, 2022 SUBJECT: Approve a Memorandum of Understanding (MOU) with Teamsters Local 911 Succeeding the MOU that Expires June 30, 2022; Approve the Amended and Restated Management Compensation Plan; Approve the Amended and Restated City Council Compensation Plan; and Approve the Assistant to the City Manager's Employment Agreement RECOMMENDATION: That the City Council approve the following: 1. Memorandum of Understanding between the City of Temecula and the General Employees of the City of Temecula represented by the California Teamster Public, Professional, and Medical Employee Union Local 911 effective July 1, 2022 through June 30, 2026; and 2. Amended and Restated Management Compensation Plan; and 3. Amended and Restated City Council Compensation Plan; and 4. Assistant to the City Manager's Employment Agreement. BACKGROUND: Memorandum of Understanding with California Teamster Public, Professional, and Medical Employee Union Local 911 The City and Union have an MOU in effect covering a term of July 1, 2021 through June 30, 2022 which was collaboratively developed by the City and Union's negotiating teams with a focus on maintaining financial and labor stability through the most uncertain times of the COVID-19 pandemic. As a result of many fiscally proactive measures while navigating the pandemic, the City is in an improved and very fiscally stable and sustainable position, and is projected to remain stable and sustainable over at least the next five years. With that, the City is able to consider a longer -term, successor MOU with more attention placed on employee compensation and benefit offerings to improve recruitment and retention. With both public and private sector agencies being faced with unprecedented staffing challenges, the City is specifically experiencing recruitment and retention challenges in large part because agencies directly competing with the City for talent are offering employee compensation and benefits packages that have outpaced those offered by the City of Temecula. The City Council discussed the details associated with successor MOU negotiations and provided final direction to staff in Closed Session on April 12, 2022. As a result, following is a summary of the new terms of the successor MOU: • MOU term of 07/01/2022 to 06/30/2026. • Effective the first pay period in Fiscal Year 2022-23, the City will implement the findings of a compensation study completed in Spring of 2022. The City shall determine the methodology used for conducting and implementing the compensation study. Comparable cities used in the compensation study shall include the following cities: Carlsbad, Escondido, Menifee, Moreno Valley, Murrieta, Oceanside, Poway, San Marcos and Vista. • Effective the first pay periods in Fiscal Year 2023-24, 2024-25 and 2025-26 Employees shall be entitled to a cost of living adjustment (COLA) in base salary. The COLA shall be the lesser of either the percentage change in the Annual Consumer Price Index for Urban and Clerical Workers (CPI-W) for all items in Riverside -San Bernardino -Ontario, CA for the prior calendar year as compared to the Annual CPI-W of two calendar years prior, or the percentage Change in Recurring Revenue of the City's primary operating funds (General Fund 001, Measure S Fund 002, Gas Tax 100 and the Temecula Community Services District Fund 190) of the prior fiscal year as compared to two fiscal years prior. Recurring revenue is defined as ongoing taxes (i.e. Sales Tax, Measure S Tax, Property Tax, etc.), franchise fees, charges for services, fines and forfeitures, use of money and property, program revenue, and intergovernmental revenues, and excludes any one-time revenue. The list of account codes may be modified by the Finance Department if necessary to meet the needs of the City, however the impacts of those modifications will be subject to the meet and confer process with the Union. In the event the CPI-W or the Change in Recurring Revenue is below 0% for a given year, the COLA for that year will be 0%. • Increase the Health Flex Contribution from $400 per month to $600 per month effective July 1, 2022. The Health Flex Contribution may only be used toward City -sponsored health, dental, and vision insurance premiums, or deposited into a health flexible spending account as permitted by IRS laws. Any unused portion of the Health Flex Contribution shall be forfeited by the employee (i.e. this is a "use it or lose it" benefit), and the forfeited funds will be used toward enhancing wellness and morale for all City employees. • Remove any reference to a specific language as a qualifier for Bilingual Pay. If the City determines a business need for an employee to exercise a second language (including ASL), that language shall be acceptable for the purposes of qualifying for Bilingual Pay. • Increase Notary Pay from $25 per pay period to $50 per pay period for those employees who qualify. • Convert Christmas Eve and New Year's Eve from half -day to full -day City -paid holidays. • Increase clothing allowance from $125 per year to $150 per year for those employees who qualify. • Increase Tuition Reimbursement Limit from $1,200 to $1,500 per fiscal year for those employees who qualify. • Increase the maximum paid bereavement leave from three days to five days for all circumstances (i.e., without regard to travel). • Other non -fiscal, administrative changes highlighted in the attached, red -lined version of the proposed successor MOU. All other terms of the prior MOU will be carried forward into the proposed successor MOU in substantially the same form. The Union held a membership meeting to consider the general terms of the proposed MOU and ratified it by a majority vote. Staff recommends approval of the proposed successor MOU. Amended and Restated Management Compensation Plan The City's past practice is to extend similar terms and conditions of employment to Management, Confidential and Executive employees not covered by the MOU. Compensation and benefits for these non -represented employees are detailed in the attached, red -lined version of the proposed amended and restated MCP. Staff recommends approval of the amended and restated MCP, which outlines similar terms and conditions of employment to those being recommended for represented staff covered by the MOU where applicable. Amended and Restated City Council Compensation Plan The City's past practice is to extend similar terms and conditions of employment to City Councilmembers not covered by the MOU or MCP. Compensation and benefits for City Councilmembers are detailed in the attached, red -lined version of the amended and restated CCP. Staff recommends approval of the amended and restated CCP, which outlines similar terms and conditions of employment to those being recommended for represented staff covered by the MOU where applicable. Assistant to the City Manager's Employment Agreement The Assistant to the City Manager position is being proposed to be converted from a Mid -manager classification to an Executive management classification. The conversion would afford the compensation package afforded to other Executive Staff members, including a car allowance of $400 per month, and a performance -based Retention Benefit which could provide an amount equal to the maximum normal contribution limit to an Internal Revenue Code Section 457(b) Deferred Compensation Plan. This amount shall be paid as income in twenty-six (26) biweekly installments at the same time as Employee is typically paid, and may be contributed to a deferred compensation plan. Staff recommends that the City enter into an Employment Agreement with Elizabeth Lowrey, the incumbent of the Assistant to the City Manager classification, including benefits in the Management Compensation Plan approved by the City Council. FISCAL IMPACT: The estimated cost of the proposed MOU, MCP, CCP and Employment Agreement is $2,140,945. This amount reflects a 1.3% of the City's primary operating budgets (including the General Fund, Measure S Fund, Gas Tax Fund and the Temecula Community Services Fund) in the Fiscal Year 2022-23 Annual Operating Budget presented to the City Council at the May 19, 2022 Budget Workshop, and at the June 14, 2022 City Council meeting for proposed adoption. ATTACHMENTS: 1. Memorandum of Understanding between the City of Temecula and the General Employees of the City of Temecula represented by the California Teamster Public, Professional, and Medical Employee Union Local 911 effective July 1, 2022 through June 30, 2026 2. Amended and Restated Management Compensation Plan (July 1, 2022) 3. Amended and Restated City Council Compensation Plan (July 1, 2022) 4. Employment Agreement with Elizabeth Lowrey ay T EIVIt J"4 . 1989-91 000 MEMORANDUM OF UNDERSTANDING (M.O.U) Between the City of Temecula and Teamsters Local 911 Effective July 1, Table of Contents Foreword.................................................................................................................................... 1 Preamble................................................................................................................................... 1 Article1 Recognition.............................................................................................................. 1 Article2 Implementation......................................................................................................... 1 Article3 Term......................................................................................................................... 1 Article 4 Authorized Agents.................................................................................................... 1 4.1 City's Authorized Agent............................................................................................ 2 4.2 General Employees Authorized Agent..................................................................... 2 Article5 City Rights................................................................................................................ 2 Article6 Employee Rights...................................................................................................... 2 Article7 Union Rights............................................................................................................. 2 7.1 Agency Shop........................................................................................................... 2 7.2 New Hire Notification............................................................................................... 2 7.3 Union Dues Process................................................................................................ 3 7.4 Religious Exemption................................................................................................ 3 7.5 Failure to Elect......................................................................................................... 3 7.6 Union Dues Collection............................................................................................. 3 7.7 Dues Check Offs...................................................................................................... 3 7.8 Records................................................................................................................... 4 7.9 Rescission of Agreement......................................................................................... 4 7.10 Indemnification........................................................................................................ 4 7.11 Bargaining Unit Communications............................................................................. 4 7.12 Union Roster............................................................................................................ 4 7.13 Employee Representatives...................................................................................... 4 Article8 Personnel Files......................................................................................................... 5 8.1 Derogatory Material................................................................................................. 5 8.2 Derogatory Material on File...................................................................................... 5 8.3 Customer/Citizen Letters of Commendation............................................................. 5 Article9 Seniority................................................................................................................... 5 Article 10 Compensation Adjustments.................................................................................... 6 10.1 Longevity Compensation......................................................................................... 6 10.2 Special Merit Pay..................................................................................................... 7 10.3 Bilingual Pay............................................................................................................ 7 10.4 Notary Pay............................................................................................................... 7 10.5 PERS Reportability.................................................................................................. 8 Article11 Holiday Pay............................................................................................................ 8 11.1 Assigned Schedule for Holiday Pay......................................................................... 8 11.2 Pro -Rated Holiday Pay............................................................................................ 8 11.3 Scheduled to Work a Holiday................................................................................... 8 11.4 Work Plan for Holiday Pay on Employee's Scheduled Day Off ................................ 8 Article12 City Holidays.......................................................................................................... 8 Article13 Overtime................................................................................................................. 9 13.1 5/40 and 4/10 Workweek........................................................................................10 13.2 9/80 Workweek.......................................................................................................10 13.3 Time Worked..........................................................................................................10 13.4 Called Back to Work...............................................................................................10 13.5 Assignments...........................................................................................................10 13.6 Administrative Leave..............................................................................................10 Article 14 Overtime Authorization..........................................................................................10 Article 15 Compensatory Time..............................................................................................11 15.1 Accrual ........ ........................................................................................................... 11 15.2 Time Used for Leave..............................................................................................11 15.3 Cash Out................................................................................................................11 Article 16 Call -Out Policy.......................................................................................................11 Article17 Stand -By Pay........................................................................................................12 17.1 Rotation of Storm -Watch Crews..............................................................................12 Article 18 Shift Differential Pay..............................................................................................13 Article19 City Uniforms.........................................................................................................13 19.1 Uniforms.................................................................................................................13 19.2 Care of Uniforms.....................................................................................................13 19.3 Wearing of Uniforms...............................................................................................14 19.4 Uniform Replacement.............................................................................................14 19.5 Safety Equipment...................................................................................................14 19.6 Safety Boots/Shoes Allowance...............................................................................14 19.7 Additional Boot Allowance......................................................................................14 19.8 Clothing Allowance.................................................................................................14 Article 20 Temporary Upgrade Assignment...........................................................................14 20.1 Salary.....................................................................................................................15 20.2 Length of Temporary Upgrade Assignment.............................................................16 20.3 Temporary Upgrade Work Exclusions.....................................................................16 Article 21 Probationary Periods.............................................................................................17 21.1 Promotional and Transfer Probation.......................................................................17 Article 22 Eligibility for Merit Increases..................................................................................17 Article 23 Tuition Reimbursement.........................................................................................18 23.1 Required Educational or Training Courses..............................................................18 23.2 Training Time..........................................................................................................18 23.3 Reimbursement......................................................................................................18 Article 24 Employee Computer Purchase Program...............................................................19 Article25 Safety Programs....................................................................................................19 25.1 Safe Driving Program.............................................................................................19 25.2 Injury and Illness Prevention Plan(IIPP).................................................................20 Article 26 Driver's License Renewal......................................................................................20 Article 27 Comprehensive Annual Leave Policy....................................................................20 27.1 CAL Accrual............................................................................................................21 27.2 Requesting Time Off...............................................................................................21 27.3 Scheduling..............................................................................................................22 27.4 Separation of Employment......................................................................................23 27.5 CAL Donations.......................................................................................................23 27.6 Comprehensive Annual Leave Time Cash Out.......................................................23 Article 28 Bereavement Leave..............................................................................................24 Article 29 Leave of Absence under FMLA, CFRA and PDL...................................................24 29.1 Statement of Policy.................................................................................................24 29.2 Employee Notice of Leave......................................................................................25 29.3 Employee Benefits While on Leave........................................................................25 29.4 Substitution of Paid Accrued Leaves......................................................................25 29.5 Medical Certification...............................................................................................26 29.6 Reinstatement upon Return from Leave.................................................................27 29.7 Required Forms......................................................................................................28 29.8 Pregnancy Leave....................................................................................................28 29.9 Bonding Leave........................................................................................................28 Article30 Jury Duty...............................................................................................................29 30.1 Defining "Practical" Return to Full Duty...................................................................29 30.2 Supervisor Determination.......................................................................................30 Article31 Military Leave........................................................................................................30 Article 32 Leaves of Absence without Pay.............................................................................30 32.1 Benefits While on Leave without Pay......................................................................31 32.2 Procedure for Requesting Leave of Absence without Pay.......................................31 32.3 Procedure for Unforeseen Circumstances..............................................................31 Article 33 Health and Wellness Benefits................................................................................32 33.1 Health Coverage.....................................................................................................32 33.2 Dental Coverage.....................................................................................................33 33.3 Vision Coverage.....................................................................................................33 33.4 Disability Insurance.................................................................................................33 33.5 Flexible Spending Account.....................................................................................33 33.6 Retiree Medical, Dental and Vision Premium Reimbursement................................34 Article34 Life Insurance........................................................................................................36 Article35 Retirement.............................................................................................................36 35.1 Tier 3......................................................................................................................36 35.2 Tier 2......................................................................................................................36 35.3 Tier 1......................................................................................................................36 35.4 Survivor Benefits.....................................................................................................37 Article 36 Deferred Compensation........................................................................................37 Article37 Late Starts.............................................................................................................37 Article38 Rest Periods..........................................................................................................37 Article39 Hours of Work.......................................................................................................38 39.1 Participation............................................................................................................38 Article 40 Grievance Procedure.............................................................................................38 40.1 Grievance...............................................................................................................38 40.2 Representation.......................................................................................................38 40.3 Grievance Discussion.............................................................................................38 40.4 Non -Reviewable Grievance....................................................................................39 40.5 Filing of Grievance..................................................................................................39 40.6 Grievance Time Limits............................................................................................39 Article41 Discipline...............................................................................................................40 Article 42 Alcohol and Drug Policy........................................................................................45 Article 43 Reduction in Workforce.........................................................................................45 Article44 Job Actions............................................................................................................46 Article 45 Reasonable Accommodation of Employees with Disabilities.................................46 Article 46 Reclassifications....................................................................................................47 46.1 Reclassification Request Process...........................................................................47 46.2 Reclassification Implementation..............................................................................47 Article 47 Performing Arts/Theater Staff................................................................................48 Article 48 Posting of Vacancies.............................................................................................48 48.1 Internal/Promotional Recruitments...........................................................................48 48.2 Internal/External Recruitments.................................................................................49 Article49 Severability............................................................................................................49 Article 50 Performance Evaluations.......................................................................................49 Article 51 Personnel Rules and Policies................................................................................50 Article 52 Notice to Meet and Confer on Policy Changes......................................................50 Article 53 Reporting Project Employee Hours........................................................................50 Appendix A - Represented Classifications for Regular Employees ............................................. 1 AppendixB — Y-Rated Employees............................................................................................. 3 Appendix C — Article 33.6 Employees........................................................................................ 4 iv Foreword The Memorandum of Understanding is made and entered into between the City of Temecula (hereinafter referred to as the "City"), and the designated the California Teamsters Public, Professional, and Medical Employees Union Local 911 (hereinafter referred to as the "Union") of General Employee Unit of the City of Temecula. Preamble It is the purpose of this Memorandum of Understanding (hereinafter referred to as WOU") to promote and provide for harmonious relations, cooperation, and understanding between the City Management representatives and the General employees covered under this Memorandum; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; and to set forth the agreement of the parties as a result of good faith negotiations regarding wages, hours, and other terms and conditions of employment of the employees covered under this Memorandum. This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code 3500 et seq.) and has been jointly prepared by the parties. Further, all side letters dated outside of the term of this MOU shall be either incorporated into this MOU, or deemed invalid and unenforceable Article 1 Recognition The City recognizes California Teamsters Public, Professional, and Medical Employees Union Local 911 (hereinafter referred to as the "Union") as the exclusively recognized labor organization representing authorized, regular employees assigned to job classifications as set forth in Appendix "A" of agreement. All bargaining unit employees shall be referred to as "regular employees." Article 2 Implementation This Memorandum constitutes a recommendation to be submitted to the City Council subsequent to ratification by Union members. It is agreed that this Memorandum shall not be binding upon the parties either in whole or in part unless and until: The City Council formally acts, by majority vote, to approve and adopt said Memorandum. Article 3 Term The term of this Memorandum shall commence at 12:00 a.m., July 1, 20212022, except as expressly provided otherwise in this agreement, when the terms and conditions for its effectiveness, as set forth in Article 2 Implementation, are fully met. This Memorandum shall expire and otherwise be fully terminated at 11:59 p.m., June 30, 20222026. Current terms and conditions of work shall remain in full force and effect until such time a successor can be reached or imposed (per Government Code 3500 et. seq.). Article 4 Authorized Agents For the purpose of administering the terms and provisions of this Memorandum: 4.1 City's Authorized Agent City's principal authorized agent shall be the City Manager or a duly authorized representative, 41000 Main Street, Temecula, CA 92590, (951) 694-6444, except where a particular City representative is specifically designated in connection with the performance of a specific function or obligation set forth herein. 4.2 General Employees Authorized Agent General employees authorized representative or the California Teamsters Public, Professional, and Medical Employees Union Local 911 shall be the duly authorized staff representative (Address: 9900 Flower Street, Bellflower, CA 90706 (562) 595-4518). The Union shall provide a list of authorized representatives (i.e. Union Stewards) to the City upon execution of this Memorandum, and anytime there is a change to that list. Article 5 City Riahts The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions, committees, and boards; set standards of service; to manage the City, schedule working hours; establish, modify or change work schedules or standards; determine the procedures and standards of selection for action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of operations; determine the methods, means and personnel by which operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. Article 6 Employee Rights Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer - employee relations, including but not limited to wages, hours and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City or by any employee organization because of their exercise of these rights. Article 7 Union Rights 7.1 Agency Shop This section was stricken as a result of Janus v. AFSCME, Council 31 - 138 S. Ct. 2448 (2018). 7.2 New Hire Notification All new regular employees assigned to non -confidential job classifications listed in Appendix A shall be informed by the Human Resources Department, at the time of employment, that a Memorandum of Understanding is in effect for their classification. Human Resources will provide the regular employee with a copy of this Memorandum of Understanding and will collect contact 2 information on a form, mutually developed between the City and the Union, to comply with reporting requirements outlined in AB119. The Human Resources Department will schedule a new hire orientation, which will include a meeting with a Union steward. Pursuant to AB119, the Union will be given a 10-day notice prior to the scheduled orientation. The Union Steward will inform the employee of their option to join the Union, provide the employee with the Union membership enrollment form, and instruct the employee on where to return the membership enrollment form. Within seven (7) working days, the City shall notify the Union of each new regular employee in the bargaining unit, providing the Union the employee's name, classification, date of hire, and pay rate. 7.3 Union Dues Process This section was stricken as a result of Janus v. AFSCME, Council 31 - 138 S. Ct. 2448 (2018), and is covered in section 7.2. 7.4 Religious Exemption This section was stricken as a result of Janus v. AFSCME, Council 31 - 138 S. Ct. 2448 (2018). 7.5 Failure to Elect This section was stricken as a result of Janus v. AFSCME, Council 31 - 138 S. Ct. 2448 (2018). 7.6 Union Dues Collection Upon receipt of a signed Union membership enrollment form from the Union, the Human Resources Department shall initiate deduction of union dues from the employee. Employees on leave without pay, or employees who earn a salary less than the union deduction shall not have a union dues or agency fee deduction for that pay period. For the purposes of this section, leave without pay shall mean that an employee is not receiving any pay in the form of Comprehensive Annual Leave (CAL) time, Compensatory Time, Holiday Pay, or any other type of paid leave benefit such as Workers' Compensation, short-term, or long-term disability payments. The City will notify the Chief Union Steward, on a quarterly basis, of any status changes in the bargaining unit. The Union shall notify the City of any agency fee payer who elects to only pay fair share fees, the fee equal to direct representation costs as determined by the Union's certified financial report. The Union shall notify the City of the amount of the fair share fee to be deducted from the fair share fee payer's paycheck. 7.7 Dues Check Offs The City shall deduct Union dues from the first paycheck of each month and remit to the Union for the duration of this Agreement no later than approximately the 20th of the month. All such monies that employees individually authorize in writing shall comply with appropriate laws and regulations. 7.8 Records On an annual basis, the Union shall provide the Finance Department a copy of the Union's certified financial report as required by Government Code Section 3502.5 (f). The City shall provide the Union a list of all bargaining unit members and dues paying status with each union dues check remitted to the Union. 7.9 Rescission of Agreement The Agency Shop agreement may be rescinded at any time during the term of the Memorandum of Understanding by a majority vote of all the employees in the bargaining unit. A request for such vote must be supported by a petition containing the signatures of at least thirty (30) percent of the employees in the unit. The election shall be by secret ballot and conducted by the California State Mediation and Conciliation Service and in accordance with state law. 7.10 Indemnification The Union shall indemnify, defend and hold the City harmless from and against all claims, demands and liabilities and other actions relating to the City's implementation and compliance with this agreement. 7.11 Bargaining Unit Communications The Union shall be provided suitable and adequate space on designated City bulletin boards at reasonable work locations for posting information concerning official Union business and activities. All postings shall contain the date of the posting and the identification of the document as a Union sponsored publication. All postings shall be done by an authorized Union representative after the following procedure is followed. Procedure A. All posted materials must be approved by the Human Resources Department. B. Posted materials must be dated by Human Resources Department and may be removed by the Human Resources Department and/or the Union after ten (10) calendar days. C. Unauthorized materials may not be posted on City bulletin boards. City Email The Union may utilize the City's e-mail system for bargaining unit communication, with prior Human Resources approval. 7.12 Union Roster The Union shall provide the City, and shall maintain, a current list of the names and all authorized representatives of the General Employee Unit. 7.13 Employee Representatives 4 Four (4) Union Stewards, along with three (3) alternate Union Stewards, will be allowed reasonable release time from regularly scheduled duties to attend meet and confer sessions as designated by City Management. Because of the potential impact on the operation of an individual department, the four (4) Union Stewards, along with three (3) alternate Union Stewards, shall not have more than two (2) absent at one time from the same department. Employee representatives shall receive reasonable release time to investigate and present grievances; and attend Union sponsored training with prior approval from the Human Resources Department (training not to exceed more than 2 times per year). The City Manager agrees to meet with Union representatives on an as -needed basis, on a mutually agreeable date and time, at a mutually agreeable location. Either party wanting to meet shall make such request in writing. These meetings shall not be used to bypass any meet and confer process already in progress. Article 8 Personnel Files The official personnel file of each employee shall be maintained in the Human Resources Department. A bargaining unit member and/or a Union representative authorized by the member, in writing, may review or obtain copies of material from the employee's file with the exception of material that includes ratings, reports or records which are obtained prior to the employment of the employee involved. 8.1 Derogatory Material Derogatory written materials (generally written reprimands and disciplinary suspension, excluding performance evaluation) shall be removed from an employee's official file in the Human Resources Department, providing there have been no further occurrences of documented violations, at the employee's request. Written reprimands are eligible to be removed, after two (2) years and disciplinary suspension after three (3) years if above criteria have been met. In order for the derogatory written materials to be removed, the Human Resources Department must receive a formal written request from the employee to remove such materials. 8.2 Derogatory Material on File Regular employees shall be provided a copy of any derogatory material that is to be placed in their official file kept within the Human Resources Department. 8.3 Customer/Citizen Letters of Commendation All customer or citizen letters of a positive nature and/or any City commendations, letters of achievements and recognition will be placed in the employee's personnel file, at the employee's request. Article 9 Seniority For the purpose of this Memorandum, "seniority" shall mean a bargaining unit member's total continuous length of employment with the City in a regular, allocated position, based on the employee's most recent hire date. Continuous length of employment shall include actual time worked, authorized leave of absence with or without pay, military leave, family leave and injury leave without pay not to exceed one (1) year. Except for military leave, a single injury leave above one (1) year will not be counted for purposes of calculating seniority. Article 10 Compensation Adiustments Wages: Effective July 1, 2019, all employees subject to this agreement shall receive a Cost of Living Adjustment equivalent to the lower of either the percentage change of the CPI for Urban and Clerical Workers for Riverside -San Bernardino -Ontario, CA for January 2019 compared to January 2018, or 3%. If the CPI comparison is negative, the Cost of Living Adjustment shall be 0%. The HR Department shall notify employees as soon as practicable in 2019 as to what the wage increase will be in 2019. Effective the first pay period in Fiscal Year 2022-23, the City will implement the findings of a compensation study to be completed in Spring of 2022. The City shall determine the methodology used for conducting and implementing the compensation study. Comparable cities used in the compensation study shall include the following cities: Carlsbad, Escondido, Menifee, Moreno Valley, Murrieta, Oceanside, Poway, San Marcos and Vista. Effective the first pay periods in Fiscal Year 2023-24, 2024-25 and 2025-26 Employees shall be entitled to a cost of living adjustment (COLA) in base salary. The COLA shall be the lesser of either the percentage change in the Annual Consumer Price Index for Urban and Clerical Workers (CPI-W) for all items in Riverside -San Bernardino -Ontario, CA for the prior calendar year as compared to the Annual CPI-W of two calendar years prior, or the percentage Change in Recurring Revenue of the City's primary operating funds (General Fund 001, Measure S Fund 002, Gas Tax 100 and the Temecula Community Services District Fund 190) of the prior fiscal year as compared to two fiscal years prior. Recurring revenue is defined as ongoing taxes (i.e. Sales Tax, Measure S Tax, Property Tax, etc.), franchise fees, charges for services, fines and forfeitures, use of money and property, program revenue, and intergovernmental revenues, and excludes any one-time revenue. Attached as Exhibit "C," is the list of recurring revenue account codes to be used in this calculation and an example of the Change in Recurring Revenue calculation. The list of account codes may be modified by the Finance Department if necessary to meet the needs of the City, however the impacts of those modifications will be subject to the meet and confer process with the Union. In the event the CPI-W or the Change in Recurring Revenue is below 0% for a aiven vear, the COLA for that vear will be 0%. 10.1 Longevity Compensation Upon completion of ten (10) years of City Service, represented employees will receive a one (1) time lump sum Longevity Bonus of $350. Upon completion of 15 years of City Service, represented employees will receive a one (1) time lump sum Longevity Bonus of $500. Upon completion of 20 years of City Service, represented employees will receive a one (1) time lump sum Longevity Bonus of $750. Upon completion of 25 years of City Service, represented employees will receive a one (1) time lump sum Longevity Bonus of $1,000. 9 10.2 Special Merit Pay In an effort to recognize and reward sustained superior performance, the City will provide a Special Merit Pay Program to eligible regular employees. All regular employees will be eligible for $500 in Special Merit Pay, on their service anniversary date, after completing five (5) years of service if they have a rating of "commendable or outstanding" on three (3) out of their last five (5) annual evaluations. The overall rating category will be used to determine eligibility. The overall rating needs to be commendable or outstanding including + or —. Combination ratings such as Typically Meets/Commendable (T/C) will not be counted as an eligible rating but a combination of Commendable/Outstanding will qualify. Should there be a change to the rating categories as a result of revisions to the City's Performance Evaluation format, the City agrees to meet and confer to discuss needed adjustments to Article 10.2. If a regular employee's annual evaluation is 90 days overdue and they are eligible for Special Merit Pay, a rating of "commendable or outstanding" will be required on only two (2) out of the employee's last four (4) annual evaluations. The Special Merit Pay will be paid to an eligible employee as soon as practicable following the 90-day period. 10.3 Bilingual Pay Regular employees who have demonstrated the ability, by passing as aRaalCity administered test, to translate a second language (including American Sign Language), both written and spoken Spanish, will receive $50 per pay period for bilingual compensation. Bilingual Pay shall be limited to one language per employee. This bilingual compensation is provided as an incentive to recruit and retain bilingual employees in order to ensure that the City provides quality customer service to residents. For the purpose of this policy, the City will provide bilingual compensation to a maximum of two (2) regular employees in each operating department.-, per language where there is a business need for translation. If more than two (2) employees are eligible, actual compensation will be awarded based on the two (2) highest scores on the aRRUat City administered test. Based on service level needs, the number of eligible employees can be modified by the City Manager or designee, to meet the City's needs. Employees shall not be paid Bilingual Pay while on end -of -service leave as defined in Section 28.4. 10.4 Notary Pay The City will provide $2-5-.9050 per pay period to employees who maintain a public notary and who are designated by the City as a Public Notary. Employees shall not be paid Notary Pay while on end -of -service leave as defined in Section 28.4. 10.5 PERS Reportability The City makes no representation as to whether any of the compensation or payments in this Agreement are subject to CalPERS service credit or pensionable income. Employees/Union expressly acknowledge that any determination by CalPERS to not fully credit the compensation and/or service time provided under this Agreement is not a proper basis on which to void the Agreement. Employees/Union further acknowledge that they will not pursue any claim or action against the City related to any determination made by CalPERS in connection with this Agreement. Article 11 Holiday Pay 11.1 Assigned Schedule for Holiday Pay Based upon the eligible employee's assigned schedule, they will receive holiday pay for eight (8), or nine (9), or ten (10) hours, depending on the employee's work schedule for the applicable City observed holiday, 11.2 Pro -Rated Holiday Pay Regular part-time employees receive holiday pay on a pro -rated basis based on the employee's assigned work schedule. 11.3 Scheduled to Work a Holiday Work on a holiday: if a regular non-exempt employee is required to work on a holiday, then that employee will be paid for the actual hours of work at the rate of one and one half times that employee's regular rate. In addition, the employee will be paid holiday pay in accordance with the above plus shift differential (Article 18). Those employees on stand- by status, who work on a City holiday, should be compensated as outlined in Article 17 (Stand-by Pay). 11.4 Work Plan for Holiday Pay on Employee's Scheduled Day Off If a holiday occurs on an employee's scheduled day off, the employee will receive holiday pay in the amount of eight (8), nine (9), or ten (10) hour increments, as applicable, preceding the observed holiday. Alternatively, the City Manager may determine another date in which the holidav will be observed. Article 12 City Holidays Regular employees receive a total of 12 City holidays each calendar year. The City observes the following 4-1--12 fixed holidays: New Year's Day Martin Luther King, Jr. Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Friday following Thanksgiving Day day —Christmas Eve "f+eFRE)OR Christmas Day 1/day New Year's Eve °f+n Observance: holidays which fall on a Saturday will normally be observed on the preceding Friday, holidays which fall on a Sunday will normally be observed on the following Monday. The City Manager will determine the actual dates on which holidays will be observed each year. Either an eight (8), nine (9), or ten (10) hour floating holiday is provided at the beginning of each fiscal year depending on the employee's assigned work plan at the time floating holidays are issued. The floating holiday hours will be pro -rated at the time of hire. When using a floating holiday, employee must use the hours in one block. The floating holiday cannot be used to make up time for being short time during a regular workday. The floating holiday needs to be treated as a regular City observed holiday. The floating holiday may not be carried over year to year and cannot be cashed out at the end of a fiscal year or upon separation of employment. Eligibility: regular employees who are on paid status (i.e.: receiving regular wages or using a paid time off such as CAL or comp time) for their entire regular work shifts immediately prior to and immediately following the holiday will be paid for the holiday. Partial wage replacement such as Workers' Compensation or short-term and long-term disability payments shall be considered paid status for the purpose of eligibility. Article 13 Overtime With the exception of Article 13.6, Article 13 applies to non-exempt, regular employees. The City shall comply with the Fair Labor Standards Act. All employees required to perform in excess of 40 hours in a workweek, as defined in Sections 13.1 and 13.2, shall receive compensation at the rate of time and one-half of the employee's regular rate of pay for hours worked in excess of 40 hours. All employees required to perform work in excess of 12 hours in a workday shall receive compensation at the rate of double the time of the employee's regular rate of pay for those hours in excess of 12 hours. In determining a regular employee's eligibility for overtime, paid and unpaid time off, as listed below, shall be excluded from the total hours worked. Also excluded are duty free lunches, travel time to and from work, and time spent conducting bona fide volunteer activities. Paid time off includes, but is not limited to, the following: A. Unscheduled Comprehensive Annual Leave B. Unscheduled Compensatory Time C. Administrative Leave D. Jury Duty E. Bereavement Leave F. Military Leave There shall be no pyramiding of overtime, except for shift differential pay, as outlined in Article 18. Time worked shall be computed by rounding to the nearest 15 minute increment. As defined, if less than 7 minutes are worked then time worked will be rounded down and if the employee works between 7 and 15 minutes, then time worked will be rounded up. Employees may elect to receive compensation or bank the overtime hours in accordance with Article 15 (Compensatory Time). In addition, the following provisions apply: 13.1 5/40 and 4/10 Workweek Workweek defined: for the purpose of computing overtime, the workweek for regular employees who work the 5/40 or 4/10 schedule is a seven (7) day period beginning at 12:01 a.m. on each Saturday and ending at midnight on each Friday. 13.2 9/80 Workweek Workweek defined: for the purpose of computing overtime, the workweek for regular employees who work the 9/80 schedule is a seven (7) day period beginning exactly four hours after the start time of the regular employee's work schedule on the day of the week the employee is scheduled to work eight (8) hours. 13.3 Time Worked Time worked: for purposes of this policy, hours worked include only those hours in which the regular employee performs services authorized by the City. 13.4 Called Back to Work A regular employee who is called back to work following the end of their regularly scheduled work shift and proceeds to work more than five (5) consecutive overtime hours shall then be entitled to an eight (8) hour rest period without compensation, upon completion of the assignment and upon leaving the duty station. If the eight (8) hour rest period extends into the employee's next regularly scheduled work shift, the employee shall suffer no loss of pay or accrued leave as a result thereof. As is practical, employees who have earned a rest period shall be relieved at the start of their regular work shift in order to take such rest period. 13.5 Assignments Overtime assignments will be offered through an equitable process. Assignments for scheduled events will first be offered to volunteer(s). Assignments for unscheduled events will be issued based upon qualifications, experience, and resources needed. 13.6 Administrative Leave Bargaining unit employees designated as exempt under the Fair Labor Standards Act (FLSA) shall be afforded 40 hours of Administrative Leave annually as an offset for not being able to earn overtime, Compensatory Time, Call -Out pay, Stand -By pay, or Shift Differential pay. Administrative leave will be provided at the beginning of each fiscal year and must be taken during the fiscal year that it is acquired. If this leave is not taken during the year it is acquired, it will be cashed out with the CAL cash out pay period in June. Article 14 Overtime Authorization This Article applies to non-exempt regular employees. 10 No regular employee shall work overtime unless the working of overtime hours has been specifically authorized in advance, if possible, by the employee's supervisor. Violations of this article can result in disciplinary actions pursuant to Article 42 (Discipline) and the City's Disciplinary Policy. Article 15 Compensatory Time This Article applies to non-exempt regular employees. In lieu of receiving overtime pay pursuant to Article 13 (Overtime) and Article 14 (Overtime Authorization) a regular employee may elect, to receive compensatory time off on a time and one- half basis for each hour worked. In addition, the following shall apply regulating the usage of compensatory time off: 15.1 Accrual No regular employee shall accrue more than 80 hours of compensatory time. 15.2 Time Used for Leave Compensatory Time may be used for leave subject to scheduling in accordance with Article 28 (Comprehensive Annual Leave) of this M.O.U. 15.3 Cash Out All compensatory time that is available to a regular employee will be cashed out, at full value, and given to the employee in a pay period between November 15 and December 10. The compensatory time cash out will be paid out on a separate check. Under sole discretion of the City Manager, employees may carryover a maximum of 80 hours of Compensatory Time that would need to be used within 60 days. Requests to carry over Compensatory Time shall be made in writing to the Human Resources Department by November 1st. Article 16 Call -Out Policy This Article applies to non-exempt regular employees. Call -out duty applies to all regular employees and occurs when any City employee is required to perform services not in conjunction with a regularly scheduled work shift. For the purpose of this policy, there are two types of call -out. The first is when an employee is required to physically leave their residence and report to duty. This is termed, a response call -out. The second type of call - out is termed a non -response call -out and occurs when an employee is contacted remotely and can resolve the problem without having to physically leave their residence and report to work. Regular employees who are designated as on stand-by status when called out will be compensated from the time they leave their residence to the time that they return to their residence. Employees who are not designated on stand-by status and are called out will receive compensation for the time they leave their residence to the time that they leave the duty station. Regular employees who have a response call -out will be credited with all hours worked; with a minimum of three (3) hours, including travel time, at one and one-half times the regular (non- 11 overtime) rate of pay. In addition, call -out Pay will be paid to employees and cannot be included in any Comp Time bank. Regular employees who have a non -response call -out will be compensated at one (1) hour of time and one-half, if the non -response call -out occurs between 6:31 a.m. and 12 midnight. If the non -response call -out occurs between 12:01 a.m. and 6:30 a.m., the employee will be compensated at two (2) hours of one and one-half times regular (non -overtime) rate of pay. If applicable, employees are subject to the provisions of Article 13 (Overtime) regarding rest periods during call -out situations. Article 17 Stand -By Pay This Article applies to non-exempt regular employees. In any situation where a regular employee has been in a designated "stand-by" status and is to remain on -call, the employee shall be compensated at the rate of $230 for each seven (7) day stand-by period or pro -rated on a daily basis ($32.86/day). Employees who are designated as on stand-by status when called out will be compensated from the time they leave their residence to the time that they return to their residence. Employees may also be designated on stand-by status for individual days and stand-by status can be applied to any regular employee. Compensation for daily stand-by pay will be computed at 1/7 of the weekly amount described above. Assignments for stand-by duty will be scheduled on a rotational basis. This 7-day stand-by period includes designated weekdays off that are part of an alternative Work Plan, as well as weekends and holidays. If applicable, regular employees are subject to the provisions of Article 13 (Overtime) regarding rest periods during stand-by situations. Regular employees on stand-by status shall be required, at all times, to carry a functioning, City provided cell phone and be able to respond within 15 minutes of being contacted. Upon responding, the employee must give an estimated response time to the caller. In addition, employees are expected to maintain a level of fitness for duty that is required for your normal work schedule. Regular employees designated as stand-by on a City holiday will receive an additional $50 for that day. A: Substitution of stand-by duty: Supervisor must approve all substitutions. There are two (2) types of substitutions related to stand by duty, as follows: Straight Substitution: Employee may request co-worker substitution, subject to approval of supervisor with minimum of 48 hours' notice. Substitutions shall not be assigned between employees. In this instance, the supervisor will, to the extent possible, solicit and assign volunteers through a lottery system. 2. Emergency Substitution: In an emergency situation (employee or City related), or with less than 48 hours prior notice, your supervisor shall assign a qualified substitute, (including additional employees) to provide standby coverage. In both instances above the substituting employee will receive the appropriate daily rate of 1/7 of weekly amount described above for each standby duty day. 17.1 Rotation of Storm -Watch Crews 12 As regular employees of the public sector, all City employees are designated as Disaster Service Workers by the California Government Code. In association with this designation, the Public Works Maintenance Superintendent, or designee, may implement a Storm - Watch Schedule to protect public interests in the event that existing or impending weather conditions and/or reports indicate the potential for flooding or other severe storm related problems exist. Article 18 Shift Differential Pay This Article applies to non-exempt regular employees. Regular employees are eligible to receive a 5% shift differential (above their appropriate rate of pay) for all hours worked on Sundays, holidays, and the hours worked between 10 p.m. and 6 a.m. Any overtime worked on Sundays, holidays, and the hours between 10 p.m. and 6 a.m. will be based on the shift differential overtime rate. During the term of this agreement, shift differential will be provided to traffic signal staff for all work conducted on Saturdays. The City reserves the right to change how responses are handled relative to traffic signal service needs on weekends. Regular employees are eligible to receive a 5% split shift differential (above their appropriate rate of pay) for all hours worked in a 8-, 9- or 10-hour day where their regularly scheduled shift is split into segments with two hours or more between segments. Article 19 City Uniforms City uniforms provide easy identification for customers and the public, a professional appearance, and a convenience for City employees. Each field employee in Fire, Community Development, Public Works, and Community Services is responsible for wearing a City furnished uniform at all times while performing City -related work. 19.1 Uniforms The City shall provide designated field employees with uniforms. The uniforms consist of shirts and pants. Departments will annually provide a minimum of five (5) City staff shirts (style determined by individual departments) to field employees in Fire, Community Development, Public Works, and Community Services. Department Directors may authorize additional City provided shirts based upon operational needs. In lieu of uniform pants and at the employee's request, jeans will be provided to field employees through the City's uniform company. 19.2 Care of Uniforms The City shall provide laundry service for the uniforms. 13 Each field employee shall take proper care of uniforms and maintain high standards of personal grooming and neatness. Hair, jewelry and accessories must not impede the safe and efficient execution of assigned duties. 19.3 Wearing of Uniforms A uniform, or any part of it, shall be worn only during working hours and while traveling to and from work. City uniforms may only be worn outside of work hours with department authorization. 19.4 Uniform Replacement The City will determine the need for, and timing of, employee's uniform replacement. 19.5 Safety Equipment The City provides each field employee with appropriate safety equipment, as determined by each supervisor. 19.6 Safety Boots/Shoes Allowance Safety boots or shoes, as determined by the City, shall be worn with the uniform. Ordinary tennis shoes, sandals, etc., are not permitted without specific department approval for safety reasons. The safety boot/shoes allowance is $175. For designated staff, the boot allowance will be paid in the first full pay period of July. Regular employees receiving the boot allowance must wear boots that are appropriate for their duties and said boots must be maintained in a good/safe condition. 19.7 Additional Boot Allowance If field staff require specialized boots or have unusual wear and tear because of work functions (special needs shall be supported with a formal request and appropriate documentation to the supervisor for approval) additional boot allowance may be provided at the discretion of the Department Director. 19.8 Clothing Allowance Regular employees in the classification of Building Inspectors, Landscape Inspectors, Public Works Inspectors, Code Enforcement Officers, and Fire Inspectors, are eligible for an annual clothing allowance of $4-2-5150. This allowance is intended to cover the cost of replacing clothes due to field hazards and normal wear and tear. In addition, all field employees are required to wear collared shirts, presentable work pants and applicable safety shoes. The clothing allowance will be given in the first full pay period of July. Article 20 Temporary Upgrade Assignment As a result of vacancies, leaves of absence or other reasons, it may be necessary to temporarily reassign all or a portion of the duties of an authorized position to another employee. When such assignments require the employee to assume signifiGant additional duties, which are outside the scope of the employee's regular assignment, it is appropriate to adjust the employee's salary to reflect the interim changes. This policy allows the City to temporarily upgrade the affected employee. It is the responsibility of the Department Director to notify Human Resources 14 Department, in writing, to implement the temporary upgrade for any affected employee. Human Resources will, in turn, notify the union when a temporary upgrade is initiated and/or terminated. With the approval of the City Manager, an employee may be temporarily appointed to a higher level classification to perform additional duties, on an interim basis, provided that all the following criteria are satisfied: A. The higher level position OS VaGaRt a ;d-is approved by the City Manager for new or continued staffing,,-- B. The duties of the higher level position are outside of the scope of the employee's current classification, as determined by the City Manager or designee,, C. The VaGaRG}-assignment is expected to continue for at least 15 business days, but not longer than one (1) calendar year, —Land, D. The employee possesses the minimum qualifications or the requisite knowledge, skills and abilities to perform the work of the higher classification. 20.1 Salary: If an employee is placed in a temporary upgrade assignment as a result of a vacancy or leave of absence, -the salary of an -the the. ,sl, � ^f � employee in a Temporary Upgrade AssigRmeRt shall be increased between 5% and 10% for the period of the temporary assignment, or to the first step in the range of the temporary classification, whichever is greater. If an employee is performing duties of a non -represented management classification as part of the temporary upgrade, the employee's salary shall be increased by approximately 10%, or to the first step in the range of the temporary classification, whichever is greater, and shall be subject to the FLSA designation (i.e,-. exempt vs. non- exempt) of the management position. Employees who are non-exempt, but assume an exempt Temporary Upgrade Assignment shall accrue Administrative/Executive Leave on a pro -rated basis. For temporary upgrade assignments that are not related to a vacancy or leave of absence, the employee shall be compensated on an hour -for -hour basis for each instance where the higher classification work is assigned. Temporary upgrade work must be reported on the timesheet that corresponds with the pay period it was worked. The employee shall be compensated at a rate equivalent to a 5-10% increase, or to the first step in the range of the higher classifications, whichever is greater. The employee's FLSA designation (i.e., exempt vs. non-exempt) will not change nor will the employee be eligible for Administrative/Executive Leave. If a position is created (i.e., a classification does not already exist) for a Ttemporary Uupgrade Aassignment, the range shall be set at the lowest range found in the Classification Level in the Classification Structure following an internal assessment justifying said placement. Upgrade Assignment, the Fange- S. ...e Ow eu_ The difference between an employee's usual pay and temporary upgrade pay will only be reported to CalPERS as income to the extent permissible by law. Human Resources will provide copies of, and/or citations to, the applicable law(s) upon request of the employee. 15 20.2 Length of Temporary Upgrade Assignment The City Manager, or a designee, shall establish the effective dates of a Tomes temporary fie —upgrade "cc;tassignment.^ccoT In addition, the employee assigned to perform the duties of a higher classification shall not serve for more than 180 calendar days in a higher classification unless the vacancy is ongoing due to extenuating circumstances and approved by the City Manager. In the event an employee serves in a Temporary temporary Upgrade —upgrade ^cciTassignment for more than 1-year, the employee will be eligible for a review evaluating their performance in the temporary upgraded assignment. A compensation increase may be granted as a result of this review if the employee is not at the top step of the upgraded assignment salary range. Consistent with the temporary upgrade assignment, any compensation increase associated with an annual review will also expire upon completion of the temporary upgrade assignment. Under no circumstances shall compensation for a temporary upgrade assignment be issued more than ninety (90) days retroactively, unless approved by the City Manager. 20.3 Temporary Upgrade Work Exclusions In an effort to assist employees in obtaining experience or training for future promotional opportunities, employees may from time -to -time volunteer to perform the duties of a higher job classification. Such voluntary performance on the part of the employee shall not be eligible for compensation as a temporary upgrade assignment. It is understood that, from time to time. a Department Director may assign a temporary project or task to an employee which requires "hi her level of responsibility, knowledge, skills, and/or abilities than is outlined in his/her current Classification Specification. It is recognized that the infrequent assigning of such project or tasks is meant to be non - habitual and does not constitute out of classification work subject to reclassification process as outlined in Article 4�4Q (Reclassificationsl. 16 rM111-1610 NJ". "few Article 22-21 Probationary Periods All appointments, excluding promotional appointments, shall be subject to a probationary period of not less than one (1) year of employment in the position. An employee on their original probation shall receive an evaluation at three (3) months, six (6) months and nine (9) months. The City can extend probation for a maximum of six (6) months. Employees will successfully pass probation if no extension is implemented and if no evaluation is provided by the last day of the probationary period. Passing probation is also not contingent on an employee receiving a probationary evaluation on time. 2221.1 Promotional and Transfer Probation Promotional and transfer probationary appointments shall be subject to a probationary period of not less than six (6) months of employment in the position. During the probation period, the employee may be rejected at any time regardless of service without the right of a hearing or appeal. Any employee rejected during a promotional probation to which they have been promoted shall be reinstated to a position in the class from which they were promoted unless they were discharged for cause from the City. Article 23-22 Eligibility for Merit Increases Each probationary or regular employee will be considered for, but is not guaranteed, a merit adjustment annually at their regular or adjusted performance evaluation date. Merit adjustments 17 may be denied, deferred for future consideration, or granted at .5, 1, or 1.5 step intervals, at the Department Director's discretion and subject to City Manager's approval. During the life of this agreement, supervisors and managers shall conduct performance evaluation meetings within 30 days of the employee's performance evaluation due date. Regular and Promotional Probationary employees are eligible for merit adjustments at or near the completion of their one (1) year of continuous service in their current position and annually thereafter, provided that the employee is not a Y-Rated employee, has not changed positions, or is not at the maximum rate for their salary range. Approved merit adjustments will be retroactive to the official evaluation due date. Article 2423 Tuition Reimbursement When a regular employee is ready to enroll in courses and receive tuition reimbursement, the employee must receive supervisor pre -approval for the tuition reimbursement. If approved, the supervisor shall submit a pre -approval form to Human Resources for consideration. As a condition of being reimbursed, the employee will agree to continue employment with the City for one (1) year beyond the date of the receipt of the reimbursement. If the employee leaves the City, the amount of the reimbursement will be due to the City. Reimbursement is limited to no more than $1,2-00-500 for training or educational expenses in any one (1) fiscal year. Additional funds may be approved on appeal to the City Manager. 23.1 Required Educational or Training Courses Any educational or training course that is a requirement for continuation of employment or is an identified part of a job evaluation shall be paid for by the City. Any other educational or training course that is job related shall, if prior approval for reimbursement is given by the City Manager or a designee, be reimbursed 100% after successful completion. All college or other graded classes shall require a minimum grade of a "C" in order to receive such reimbursement. Books or other materials shall only be paid for if some defined benefit can be shown to the City (i.e. books become part of the City reference library). Once the employee has received their official course grade, they then attach appropriate receipts and proof of grades to the City's Tuition Reimbursement form, complete the employee portion, have their Supervisor/Department Director complete their portion and submit the completed packet to Human Resources Department. Once reviewed and approved by Human Resources, the approved packet is submitted to the Department of Finance for processing. The employee will receive their approved tuition reimbursement amount on the next pay period. 23.2 Training Time In general, training time during working hours shall be considered part of employment. Non -mandatory training after hours shall be considered voluntary, and no additional pay, overtime or compensatory time shall be given by the City, unless advanced special written approval is granted. Study time shall be considered completely voluntary. 23.3 Reimbursement Although the City applauds employees for their efforts in pursuit of additional education, the City shall not pay for educational degrees or for education in general, but will only 18 reimburse employees for required or job -related classes and training. No reimbursement shall occur if an educational class does not provide a benefit to the City. The only exception to this is the City will reimburse employees for three (3) general education classes, as long as the classes are a part of a degree or certificate program. These three (3) classes must be approved, in advance, as required by this policy. There is no mileage reimbursement for travel to and from educational classes. Required forms must be completed and necessary documentation (receipts and grades) must be provided, in order to receive reimbursement. Final and conclusive determinations of the reimbursement amount shall be made by the City Manager after review of the request and recommendations by the Department Director and the Human Resources Administrator. Article 2-5-24 Emalovee Computer Purchase Proaram This program allows regular employees to borrow, at no interest, up to $2,000 to purchase a personal computer, iPad and/or similar "computer tablet" devices, and related accessories with a loan repayment plan of up to 24 months. An employee must show proof of payment (i.e. not simply proof of order), and may only have one loan outstanding under this program at any time. To qualify for the program, employees must be a regular employee, and have successfully passed their initial probationary period. Loans are made to employees as reimbursement of costs (see Employee Computer Purchase Program Administrative Guideline for further details). Repayment will be made through equal biweekly payroll deductions over a maximum period of up to 24 months. At the time of submittal, employees have the option to request a 12-month loan. Repayment in full will be accepted at any time, without penalty to the employee. Loan repayment shall commence within two to four weeks of receiving disbursement. In the event of termination of employment for any reason, the entire unpaid balance shall immediately be due and payable, without notice. Any remaining unpaid balance shall first be deducted from the final paycheck to the extent allowed by law. In the event the final paycheck is not sufficient to pay off the principal sum, then any resultant balance must be paid, in full, with other resources of the borrower. Article 2-6-25 Safety Programs 2-625.1 Safe Driving Program Bargaining Unit employees, who are assigned to a City vehicle, are eligible to participate in the Safe Driving Program. Employees assigned to pool vehicles do not qualify. Eligible employees must not have been in any "preventable" vehicle accidents during any given full fiscal year. An accident is any event involving a City vehicle resulting in or causing personal injury or damage to any person, object, or property in an amount exceeding $150 in total damages. The City Safety Committee will determine whether the accident was "preventable" or "non - preventable" if the employee and the City do not agree on the determination of whether an accident was "preventable" or "non -preventable." 19 Preventable - the employee failed to do everything possible to prevent the accident, including anticipating the hazard and applying the appropriate defensive driving procedures. Non -Preventable - the employee did everything possible to prevent the accident, including anticipating the hazard and applying the appropriate defensive driving procedures. For the period of July 1 through June 30 of each Fiscal Year, qualifying employees who experience no "preventable" accidents will be credited with five (5) additional floating holiday hours as described in Article 12 (City Holidays). These five (5) additional floating holiday hours will be deposited in the first pay period of the subsequent Fiscal Year. The five (5) additional floating holiday hours must be used in one block, and the City Manager (or his/her designee) will pre -approve an afternoon where eligible employees can take the time off together if they choose to participate. All other provisions of Article 12 (City Holidays) shall apply to the use of the five (5) additional floating holiday hours. 2625.2 Injury and Illness Prevention Plan (IIPP) It is the intention of the City of Temecula to maintain a safe and healthy work environment for all employees. This Injury and Illness Prevention Plan (IIPP) was designed to promote a safe work environment. To meet this goal, it shall be the policy of the City of Temecula to give precedence to safety above expediency of any operation and to comply with established state laws and City ordinances and standards. Continued efforts in safety education, field operational review, working condition safety and accident prevention analysis, in conjunction with active participation by supervisors and employees, will ensure a successful Injury and Illness Prevention Plan (IIPP). Article 27-26 Driver's License Renewal It is the employee's responsibility to carry a valid driver's license when driving a City vehicle or on City business. For employees in positions that require a California Commercial driver's license (Class A & B or Class C with a passenger endorsement), renewal requirements, DMV fees, physicals and training are to be paid by the City. Release time: for the purposes of obtaining and/or renewing a Commercial Driver's Licenses, pursuant to the scope of responsibilities within their classification specification and upon supervisory approval, employees are provided release time to process paperwork at the DMV. Paid release time shall not be granted if the employee's license has already expired. When an employee is notified by the Department of Motor Vehicles that their Commercial Driver's License is about to expire, the employee needs to follow the DMV instruction for Commercial Driver's License renewals. Once the renewal process is completed, proof of the renewal (Medical Examiner Certificate) must be submitted to Human Resources for verification purposes. Article 28-27 Comprehensive Annual Leave Policy The intent of this policy is to ensure that all employees have an adequate amount of authorized time off each year for rest and relaxation, personal business or personal/family illness. Regular employees earn Comprehensive Annual Leave from the date of hire. ME 2827.1 CAL Accrual Regular employees who are paid for less than 80 hours in a pay period will earn Comprehensive Annual Leave credits on a pro -rated basis for that pay period. The CAL accrual rate for FLSA non-exempt employees is as follows: Annual Annual Leave Biweekly Maximum Increment (hours) Accrual Rate Accumulation (hours/pay period) (hours) Hire Date 161 6.192 322 2-4 Years 177 6.808 354 4-6 Years 217 8.346 434 6-8 Years 233 8.962 466 8-10 Years 249 9.577 498 10+ Years 273 10.500 546 15+ Years 273 10.500 626 The CAL accrual rate for FLSA exempt employees is as follows: Annual Annual Leave Biweekly Maximum Increment (hours) Accrual Rate Accumulation (hours/pay period) (hours) Hire Date 177 6.808 354 2-4 Years 193 7.423 386 4-6 Years 233 8.962 466 6-8 Years 249 9.577 498 8-10 Years 265 10.192 530 10+ Years 289 11.115 578 15+ Years 289 11.115 658 Annual leave accrual: annual leave will be earned on a prorated rate each pay period. Maximum balance: The maximum accrued unused Comprehensive Annual Leave accumulation, which an employee may have at any one time, is two (2) times the employee's annual accrual. Employees with 15 or more years of service may accrue up to a maximum of two (2) times the employee's annual accrual, plus 80 hours. However, the City Manager may grant an employee, on a case by case basis, the ability to accrue annual leave above two (2) times the annual accrual limit for good cause shown. 2827.2 Requesting Time Off A leave request form is to be submitted by the employee and approved by the employee's supervisor prior to the leave commencing. In the event of an unforeseen absence, the employee shall contact their immediate supervisor or representative as directed by the Department Director within 30 minutes of the start of their normal scheduled shift. If a regular employee requests specific days off at least six weeks in advance, and if that 21 request is otherwise proper under this Article, that time shall be considered locked and cannot be displaced by a non -regular employee seeking to take the same time off. 2827.3 Scheduling The scheduling of Comprehensive Annual Leave shall be determined by the employee's supervisor based upon: first, the needs of the City; second, the employee's request; and then seniority. Departments will determine a schedule as to when they will route their departmental vacation calendar. Employees with greater seniority within the department will be given the first opportunity to select their vacation. If after the needs of the City and the employee's request have been taken into consideration, and two (2) employees have requested the same period of time off, which will cause a staffing conflict within the same job area or function, seniority will be used as the determining factor as to who will receive the requested time off. However, if the same staffing conflict arises the following year, and seniority was used as the basis for resolving that conflict in the previous year, the employee granted that time off in question the previous year will not be granted the same period of time off in the subsequent year only. A leave request form needs to be submitted by the regular employee and approved by the employee's supervisor prior to the leave commencing. Scheduled CAL Leave needs to be approved 48 hours in advance by the employee's supervisor. If a CAL Leave request is submitted less than 48 hours in advance, the supervisor is under no obligation to approve the CAL Leave request. Supervisors shall return the time off request form to the employee, with their signature approval, within a reasonable time which is outlined in the policy below. The supervisor is encouraged to make their decision within 24 hours of the request; however, in the event that additional time is needed, this decision should be generally made within five (5) business days. If the request is submitted less than 48 hours prior to the specified time off, the supervisor will be under no compulsion to approve the request based on the MOU language. The above noted turnaround time for this approval is also important when considering an employee's request for multiple time -off requests over the course of a year. The MOU and current City policy do not require an employee to have a designated number of CAL hours available in order to take scheduled time off. However, the employee must have enough hours in their CAL Leave bank to cover their leave request, before the scheduled leave commences. If there are insufficient CAL hours in the employee's bank when the scheduled time off is about to commence, the supervisor may use their authority to cancel the abovementioned scheduled time off. If the requested leave is relating to a personal issue, the employee has the option of stating "personal" for the reason and the supervisor need not ask for a more detailed explanation. The supervisor can offer the City's Employee Assistance Program (EAP) if deemed appropriate. The City strongly encourages that all employees keep a "safe" number of available CAL hours in case of unforeseen needs or to satisfy the time needed to get through a disability elimination period, illness or personal leave. Prior authorized leave of absences such as workers' compensation, disability, or extended illness should not be factored in when approving/disapproving time -off requests. 22 In addition, the City encourages communication between employees and designated supervisors. It is acceptable for the employee and supervisor to agree on a conditional approval of vacation time and that the terms of this conditional approval are documented on the Leave Form. In lieu of Article 4 -40 (Grievance Procedure), any disputes that arise out of the scheduling of CAL time, will be handled by Human Resources Department. The determination of Human Resources will be final and no formal grievance may be filed in CAL scheduling. Holidays during Comprehensive Annual Leave: City holidays which occur during an employee's Comprehensive Annual Leave are not deducted from Comprehensive Annual Leave balance. 2827.4 Separation of Employment Upon separation from employment from the City, an employee shall be entitled to cash out any remaining Comprehensive Annual Leave balance at regular, non -overtime rate of pay. An employee may run out remaining Comprehensive Annual Leave balance in lieu of a cash out (i.e. teFmiRal loa„oend-of-service leave) if the employee provides a minimum notice of 45 calendar days before the tem;iRal to „eend-of-service leave commences. In cases with extraordinary circumstances, terminal leav-Bend-of-service leave requested with less than 45 calendar days' notice are subject to approval at the sole discretion of the City Manager. In all instances, written notice of separation from employment shall: 1) include the final date of employment; 2) be final and irrevocable; and, 3) may be accepted by the employee's supervisor, manager, director, or the Human Resources Department. An employee on terminal leaveend-of-service leave who engages in work without prior approval from their Department Director will be separated from employment immediately. 2827.5 CAL Donations An employee may request the use of CAL donations in extraordinary situations or if in the event of a medical hardship to the employee or an immediate family member of the employee. Refer to Article 29-28 (Bereavement Leave) for definition of family member. A "medical hardship" is defined as a serious medical condition that would require the prolonged absence of the employee from duty and would result in a substantial loss of income to the employee because the employee would have and would be required to exhaust all of their available paid leave. Upon approval from the City Manager, or designee, the employee may use up to a maximum of 160 hours of donated CAL per fiscal year. The City reserves the right to request a physician's verification of the medical condition. In addition, the application of this section is independent of any federal or state mandated protected leave (e.g., FMLA, CFRA, PDL, etc.). Employees may donate a maximum of 16 hours each time CAL donations are requested, however full-time employees must have 120 hours remaining and part time employees must have a proration of 120 hours based on their full-time equivalent allocation on the Schedule of Authorized Positions remaining in their CAL bank after the donation. The City will pool all hours that are donated and employees, who are eligible and approved to use donated CAL hours will receive donations from the pool. 2827.6 Comprehensive Annual Leave Time Cash Out 23 In June, employees may cash out Comprehensive Annual Leave (CAL) time under the following criteria: A. May cash out up to a maximum of 120 hours to be taken as taxable wages at the employee's regular rate of pay without consideration for any other specialty pays (e.g., temporary upgrade) or deposited into a pre- or post -tax 457 account. B. Must maintain a balance of 120 hours after cash out is taken. C. Must have taken at least 80 hours of CAL time during the fiscal year. The CAL time cash out will be provided by the end of the fiscal year. The CAL time cash out pay period will be determined by the City's Finance Department, in accordance with the ending of the fiscal year. The City Manager in his/her sole discretion may allow an employee to cash out CAL time before the end of the fiscal year if the employee is faced with a financial emergency or to avoid losing CAL accrual when the employee is approaching their CAL accrual maximum and the employee's Department Director confirms that taking time off is not an option; however, the employee is still only allowed one cash out per fiscal year as outlined in this section. Article 29-28 Bereavement Leave The City recognizes the importance of providing employees time off to mourn and take care of any details relating to the death of a member of their immediate family. Employees may also use CAL time in conjunction with bereavement leave. Regular employees may receive a maximum of three five (35) business days for bereavement of an individual who is a member of the employee's immediate family or of other similar relation as determined by the City Manager. if ,n ornp'Gyee must travel Fnere than 500 miles eRe way, to leave.attend a funeral, the employee is eligible fer five §gyga:(-Z5) b6lSiRess days ef bereavemeRt A. For the purposes of this policy, immediate family (including natural, step or in-laws) shall be defined as spouse, registered domestic partner, mother, father, sister, brother, daughter, son, grandchild, and grandparents. B. A leave request form must be completed by the employee and approved by their supervisor. Depending upon circumstances, employees can submit bereavement leave and Comprehensive Annual Leave requests after the employee returns to work. In addition, the supervisor may require verification that bereavement leave was warranted. Article 30-29 Leave of Absence under FMLA, CFRA and PDL 3029.1 Statement of Policy It is the intent of the City to comply fully with the Family and Medical Leave Act of 1993 (FMLA) and the California Family Rights Act of 1995 (CFRA). Nothing in this MOU is intended to restrict employees' rights under these laws. Unless otherwise provided in this article, "Leave" under this article shall mean leave of absence, including employees' rights and obligations, pursuant to the FMLA and CFRA. Further, employees shall be reasonably accommodated for any disability protected by law (e.g., Americans with Disability Act or "ADA") if the employee requests such accommodation. 24 3029.2 Employee Notice of Leave Although the City recognizes that emergencies arise which may require regular employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. If leave is foreseeable, at least 30 days' notice is required. In addition, if an employee knows that he/she will need leave in the future, but does not know the exact date(s) (e.g. for the birth of a child or to take care of a newborn), the employee shall inform his/her supervisor as soon as possible that such leave will be needed. Such notice may be orally given. If the City determines that an employee's notice is inadequate or the employee knew about the requested leave in advance of the request, the City may delay the granting of the leave until it can, in its discretion adequately cover the position with a substitute. For any foreseeable leave due to a qualifying exigency under the Armed Forces Reserves or National Guard, an employee must provide notice of the need for leave as soon as practicable, regardless of how far in advance such leave is foreseeable. 3029.3 Employee Benefits While on Leave While on leave, employees will continue to be covered by the City of Temecula group health insurance to the same extent that coverage is provided while the employee is on the job. Employees shall be responsible for the continuation of City of Temecula provided health care insurance premiums if on a Leave for more than the 12 weeks specified by the law. Employee contribution rates are subject to any change in rates that occurs while the employee is on leave. If an employee fails to return to work after his/her leave entitlement has been exhausted or expires, the City shall have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition of the employee or his/her family member which would entitle the employee to leave, or because of circumstances beyond the employee's control. The City shall have the right to recover premiums through deduction from any sums due to the City (e.g. unpaid wages, vacation pay, etc.). Regular employees shall retain the status of employee while on Leave. However, a Leave used in conjunction with any other FMLA leave of absences, which exceeds 24 weeks, shall result in an adjustment to the employee's Comprehensive Annual Leave and salary review date. 3029.4 Substitution of Paid Accrued Leaves While on leave under this policy, as set forth herein, an employee may elect to concurrently use paid accrued leaves. Similarly, the City may require an employee to concurrently use paid accrued leaves after requesting leave for medical or family care. A. Employee's Right to Use Paid Accrued Leaves Concurrently with Leave for Medical or Family Care. Where an employee has earned or accrued paid CAL time, administrative leave, or compensatory time, that paid leave may be used concurrently for all or part of 25 any (otherwise) unpaid leave under this policy. Use of CAL time does not extend the leave beyond the 12 weeks specified by law. B. City's Right to Require an Employee to Use Paid Leave When Using Leave for Medical or Family Care Employees may exhaust their accrued leaves concurrently with FMLA/CFRA leave to the same extent that employees have the right to use their accrued leaves concurrently with FMLA/CFRA leave. Employees are required to use accrued Compensatory Time as a first means of paid leave concurrently with any leave for medical or family care. 3029.5 Medical Certification Regular employees who request leave for their own serious health condition or to care for an eligible family member who has a serious health condition must provide written certification from the health care provider of the individual requiring care. If the leave is requested because of the employee's own serious health condition, the certification must include a statement that the employee is unable to work at all or is unable to perform the essential functions of his/her position. Regular employees who request leave to care for an injured service member who is an eligible family member of the employee must provide written certification from a health care provider regarding the injured service member's serious injury or illness. When an employee requests leave because of a qualifying exigency under the Armed Forces Reserves or National Guard, an employer may require the employee to provide a copy of the covered military member's active duty orders or other documentation issued by the military which indicates that the covered military member is on covered active duty or call to active duty status in a foreign country, and the dates of the covered military member's active duty service. A. Time to Provide a Certification When an employee's leave is foreseeable, and at least 30 days' notice has been provided, the employee must provide medical certification before the leave begins. When this is not possible, the employee must provide the requested certification to the City within the time frame requested by the City (which must allow at least 15 calendar days after the employer's request), unless it is not practicable under the particular circumstances to do so despite the employee's diligent, good faith efforts. B. Consequences for Failure to Provide an Adequate or Timely Certification If an employee provides an incomplete medical certification the employee will be given a reasonable opportunity to cure any such deficiency. However, if an employee fails to provide a medical certification within the time frame established by this policy, the City may delay the taking of leave until the required certification is provided. ME C. Second and Third Medical Opinions If the City has reason to doubt the validity of a certification, the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third health care provider jointly approved by the City and the employee, but paid for by the City. The opinion of the third provider will be binding. An employee may request a copy of the health care provider's opinions when there is a recertification. D. Intermittent Leave or Leave on a Reduced Leave Schedule If an employee requests intermittent leave (a few days or hours at a time) or on a reduced leave schedule to care for an immediate family member with a serious health condition, the employee must provide medical certification that such leave is medically necessary. "Medically necessary" means there must be a medical need for the leave and that the requested leave can best be accomplished through an intermittent or reduced leave schedule. 3029.6 Reinstatement upon Return from Leave A. Right to Reinstatement Upon expiration of leave (no more than 12 weeks or 26 weeks for military situations), an employee is entitled to be reinstated to the classification of employment held when the leave commenced, or to an equivalent classification with equivalent employment benefits, pay, and other terms and conditions of employment. Employees have no greater rights to reinstatement, benefits and other conditions of employment than if the employee had been continuously employed during the leave period. If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon. If the reinstatement date differs from the original agreement of the employee and City the employee will be reinstated within two business days, where feasible, after the employee notifies the employer of his/her readiness to return. B. Employee's Obligation to Report Periodically on Condition Employees may be required to periodically provide an update report and intent date to return to work. This will avoid any delays to reinstatement when the employee is ready to return. C. Return to Work Certification As a condition of reinstatement of an employee whose leave was due to the employee's own serious health condition, which made the employee unable to perform job duties, the employee must obtain and present a certification from their health care provider stating that the employee is able to resume work. The return to work certification must be provided to Human Resources Department prior to the employee resuming any duties. Failure to provide such certification will result in denial of reinstatement. 27 If the health care provider imposes work restrictions on the employee, the return to work certification must list any work restrictions and the time frame for those restrictions. At the conclusion of the work restriction schedule, the employee must obtain and present a certification from the health care provider that the employee is able to resume work. Failure to provide such certification to the Human Resources Department will result in denial of reinstatement. 3029.7 Required Forms Employees must fill out the following applicable forms in connection with leave under this policy: 1. "Request for Leave of Absence Form" provided by the City. 2. Medical certification —either for the employee's own serious health condition or for the serious health condition of an eligible family member. 3. "Statement of Family Relationship" when leave is to care for an eligible family member. 4. Authorization for payroll deductions for benefit plan coverage continuation; and 5. Certification to return work from appropriate health care provider. 3029.8 Pregnancy Leave It is the intent of the City to comply fully with the California Pregnancy Disability Leave Law. A pregnant employee shall be entitled to a leave of absence without pay for up to four (4) months so long as the employee's attending physician certifies that she is physically unable to work due to pregnancy, childbirth or related medical condition. During said leave of absence, the employee has the option of using CAL time to supplement any short-term disability benefits. In addition, employees who are out on Pregnancy Leave will also be designated as protected under FMLA concurrently as applicable under these laws. Upon expiration of the approved leave, prior to the employee being reinstated, the department director may require a statement from the attending physician that the employee is physically capable of resuming the regular duties of her position. Failure to return to work after the authorized four (4) month leave period causes the employee to have no reinstatement rights. An employee who plans to take such a leave should give reasonable notice of the date the leave shall commence and the estimated duration of the leave. 3029.9 Alternative Parentalponding Leave The City shall provide sox weeks of paid leave to employees for the purpose of bonding with a child in connection with the surrogate birth, adoption, or foster care placement of that child, equivalent to leave benefits afforded under the State's Paid Family Leave program. The nhild may be-f; em a sarregate er Rea surregate paFeRt sFagepsYThe sox Employees may receive up to eight weeks of bonding leave shall be paid at the rate of 2/3 of the employee's current base salary, ap,d. Nno other benefits shall be enhanced or reduced as a result of using this leave. Employees may use other accrued paid leave (e.g., CAL time) to supplement their pay up to 100% of their W current base salary in conjunction with this leave. The six -eight weeks of leave need not be used consecutively; however, it is limited to the first year after the birth, adoption, or foster care placement of the child. Supporting documentation will be required. Alternative Parental L o-a„o RteRded to provide paid leave to pareRtS similar te that afforded tO Rew methers eligible fer disability leave, se Alterative-Parenta4Bonding Leave may Abe used in combination with disability leave connected with giving birth to a child, but not until disability benefits have been exhausted. Article 34-30 Jury Dut The City encourages employees to serve as jurors when called upon to do so. When an employee serves on jury duty or is called to testify on a case involving official City business, the employee receives full pay from the City (Government Code Section 1230). However, if an employee is testifying on a civil/criminal case that does not involve official City business, then the employee is required to utilize any accrued Comprehensive Annual Leave (CAL) time that the employee has available. Employees are not required to submit, to the City, any compensation received from the court for serving as a juror. If an employee is called to report to jury duty, the employee shall obtain a "Jury Attendance Certification" form from the court upon dismissal by the judge. The "Jury Duty Certification" form must be attached to the employee's timesheet for verification of jury duty attendance by payroll. Because the time on the "Jury Attendance Certification" form provided by the court and the actual time the employee is released from the jury pool and/or leaves the courthouse may differ, the employee must handwrite the actual time of release on the form. The time should be noted upon instruction from their supervisor or designee to either return to work or be released from work. Jury Duty attendance shall be recorded on the timesheet under the code for jury duty regardless of whether the employee is instructed to return to work or not. When an employee receives an initial summons to report forjury duty, the employee must provide a copy of the summons to his or her supervisor immediately upon receipt, regardless of whether s/he is called to serve. It is the responsibility of each supervisor to record the employee's absence for jury duty in a manner similar to that used to record the employee absences (i.e. department calendar, weekly staff agenda). If an employee needs to appear in court regarding a personal situation or is summoned to report to the court for a civil or criminal case that does not involve official City business, then the employee is required to utilize available Comprehensive Annual Leave (CAL) time. A leave request form must be submitted and approved by the supervisor prior to the leave commencing. Approved personal leave (CAL) time shall be recorded on the timesheet under the code for CAL time. 3430.1 Defining "Practical" Return to Full Duty When released early, which is defined as more than two hours remaining in the business day, from any day of jury duty, the employee shall contact his/her supervisor, or designee, to determine if it is practical to return to full duty. In determining whether an employee shall return to work following the completion of jury duty for that day, reasonable consideration shall be given to such factors as: courthouse delays, parking conditions, travel time, and a rest period. If two (2) hours or less are remaining in the City's standard business day (8 a.m. to 5 p.m.), the employee does not need to contact their supervisor or return to work. NN Employees are not required to report to work at the City each day prior to reporting to the court for jury duty unless the report time after 12 noon is ordered. 3430.2 Supervisor Determination If upon discussion with the supervisor or designee it is determined that it is NOT practical for an employee to return to full duty that day, the supervisor's written release stating "not practical to return to full duty", along with the supervisor's initials and date, must be noted on the employees "Jury Attendance Certification" form and attached to their timesheet. Article 32-31 Military Leave The City recognizes the importance of allowing employees time off to serve in the U.S. Armed Forces. This policy allows for employees to take time necessary for the defense of our country. Military leave shall be granted in accordance with the provisions of state and federal law. An employee requesting leave for this purpose shall provide their department director and Human Resources, whenever possible, with a copy of the military orders specifying the dates, site and purpose of the activity or mission. Within the limits of such orders, the department director may determine when the leave is to be taken and may modify the employee's work schedule to accommodate the request for leave. Upon completion of military service, the employee will be reinstated with full seniority to their former position or to a comparable position, if application for reemployment is made within 90 calendar days of release from the service or related hospitalization. An employee who is a member of the National Guard or of a reserve component of the U.S. Armed Forces shall, upon furnishing a copy of the official orders or instructions, be granted a military training leave. Training leaves will not, except in an emergency, or in the event of extenuating circumstances, exceed two (2) weeks per year, plus reasonable travel time. Upon presentation of a military pay voucher or endorsed orders, employees will receive full pay for up to 30 calendar days within one (1) fiscal year. If the leave is greater than 30 days, then the employee may utilize accrued Comprehensive Annual Leave time. If the employee is placed on active duty, the City is required, by law, to return the employee to the same classification, upon the employee's return to City service. Consistent with the City of Temecula City Council Resolution 90-067, the military leave policy has been extended, for those employee's called to active duty as follows: A. With appropriate documentation, the City will pay the difference between the City employee's salary and the employee's military pay, and; B. The difference in salary will be paid for the entire duration of active duty. Article 3-3-32 Leaves of Absence without Pay This provision applies to leaves which are not covered by other provisions within the MOU. Leave of Absence without Pay is to be used for the purpose of unforeseen circumstances related to FMLA, CFRA or pregnancy leaves or other situations where leave is requested by the employee. In all cases, Leaves without Pay must be approved by the City Manager or designee, 30 and do not continue accrual of benefits. Employees should refer to Human Resources for specific details. 3332.1 Benefits While on Leave without Pay Employees may be required to exhaust their Comprehensive Annual Leave prior to commencing Leave of Absence without Pay status, except as provided in the Family Care Leave Policy and Holiday Pay Policy. Employees shall not accrue Comprehensive Annual Leave time if on a Leave of Absence without Pay in excess of five (5) business days. The City will continue payment of City provided health care insurance premiums for two (2) monthly premium payment periods. Employees shall be responsible for the continuation of City provided health care insurance premiums if on Leave of Absence without Pay for more than two (2) monthly premium payment periods. 333' .2 Procedure for Requesting Leave of Absence without Pay The Department Director, subject to the approval of the City Manager, may grant requests for Leave of Absence without Pay. Employees generally provide a minimum of two (2) weeks' notice, in writing, to request a Leave of Absence without Pay. Employees must give reasonable notice, to their Department Director, before returning to work. The maximum leave which may be taken is six (6) months at the sole discretion of the City Manager. In extreme cases, and at City Manager's approval, the maximum leave may be extended beyond six months. Employees shall retain the status of employee while on Leave of Absence without Pay. However, a Leave without Pay which exceeds 30 days shall result in an adjustment to the employee's salary and Comprehensive Annual Leave accrual review dates. 333` .3 Procedure for Unforeseen Circumstances Requests for Leave of Absence without Pay may be granted, at the discretion of the City Manager, for prolonged illness or personal reasons, including disabilities not related to worker's compensation. The above procedures will apply to a requested Leave of Absence without Pay with the exception of providing a two (2) week minimum notice. Employees who request a Leave of Absence Without Pay for illness or personal reasons must provide a written notice of such leave as far in advance as possible. In addition, the City may require a doctor's certification or other official documents in order to verify legitimacy of the employee's request. 31 Article 34-33 Health and Wellness Benefits The City shall provide each regular employee with a Health Flex Contribution of $400 der MORM00 per month effective July 1, 2022-. This allotment is intended to bring the City into compliance with the U.S. Patient Protection and Affordable Care Act ("ACA"). The Health Flex Contribution may only be used toward City -sponsored health, dental, and vision insurance premiums, or deposited into a health flexible spending account as permitted by IRS laws. Any unused portion of the $400 aiig+rr,gr,+Health Flex Contribution shall be forfeited by the employee (i.e. this is a "use it or lose it" benefit), and the forfeited funds will be used toward enhancing wellness and morale for all City employees.- The City shall also provide each regular employee with a Cafeteria Contribution of $1,200 per month for full-time employees and pro -rated based on full-time equivalency for part-time employees. Consistent with past practice, this payment includes the CaIPERS statutory minimum payment for each calendar year of this Agreement for both active employees and annuitants (retirees). The Cafeteria Contribution must be applied to all mandatory benefits as determined by the City. The first day of the month following the date of hire, an employee shall be covered under mandatory benefits as set forth in the contract between the City and the carrier(s). The employee can then apply the remainder of the Cafeteria Contribution to optional benefits provided by the City, including: health insurance premiums, dental insurance premiums, vision insurance premiums, addi+i^ al life 'RSUrarno r,romi, imo and flexible spending accounts,, and ethe oupplomeRtal Any unused portion of the $1,200 allotment may be deposited n�m in+e r+ofo rro r+ r,or,o�+inn �nng� 4- �r +-konwill be paid as taxable income. The Union agrees to meet and confer with the City over any state or federally mandated changes in benefits that occur during the term of this agreement. In addition, City agrees to include two (2) union stewards as part of the formal Benefit Committee that meets to discuss changes in any health and welfare benefit proposal for the next plan year. The benefit committee will meet prior to the start of the open enrollment period to educate employees on benefits provided during the upcoming plan year. 3433.1 Health Coverage During the life of this agreement, the City agrees to continue offering the CalPERS Health Plan. The Citv has established an Eliaible Opt Out Arranaement to comply with IRS rules as a condition to an employee receiving the Cafeteria Contribution as taxable income (i.e. cash) in lieu of enrolling in AR empleyee cooking + „pt e6it of City -sponsored dal health insurance. The conditions that must be satisfied for the Eliaible ODt Out Arranaement are as follows: A. The employee must have minimum essential health coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California). B. All individuals in the employee's expected tax family must have (or will have) the required minimum essential health coverage. An employee's expected tax family includes all individuals for whom the employee reasonably expects to claim a personal exemption deduction for the taxable year(s) that cover the employee's plan year to which the opt -out arrangement applies. C. The employee must provide reasonable dOG rnented documentation o%T^Gof minimum essential health coverage pursuant to the ACA, which must cover both the 32 employee and all individuals in the employee's expected tax family, if any, for the applicable period. Reasonable evidence may include an attestation by the employee. D. Each year, during open enrollment or as otherwise required by the City, the employee must provide the City with an attestation or other reasonable documentation, subject to the City's approval confirming such alternate coverage. E. The employee must provide the attestation or reasonable documentation no earlier than a reasonable time before coverage starts (e.g., open enrollment). The attestation or reasonable documentation may also be provided within a reasonable time after the plan year starts. According to the ACA, the City must -cannot make payment if the City knows or has reason to know that the employee or a member of the employee's expected tax family m prnhpr does not have the alternative minimum essential health coverage. F. The City agrees to meet with the Benefit Committee to discuss any changes in the CalPERS Health Plan prior to open enrollment. 3433.2 Dental Coverage During the life of this agreement, the City agrees to continue to offer dental coverage to represented employees. The City agrees to meet with the Benefit Committee prior to selection of the dental plan for the respective Plan Year. -3433.3 Vision Coverage During the life of this agreement, the City agrees to continue to offer vision coverage to represented employees. The City agrees to meet with the Benefits Committee prior to selection of the vision care plan for the respective Plan Year. 3433.4 Disability Insurance The City mandates enrollment in short-term and long-term disability insurance for all represented employees. The City agrees to meet with the Benefit Committee prior to selection of short-term and long-term disability insurance. The STD disability insurance elimination period of 0 - 7 calendar days for accident/in-patient hospitalization; and the STD disability insurance elimination period of 7 -14 calendar days for illness and outpatient procedures. Employees should refer to Human Resources regarding specific details on short term and long term disability coverage's. ,3433.5 Flexible Spending Account The City will continue to offer, as long as lawfully permitted, a Flexible Spending Account during the term of this agreement in accordance with applicable IRS statutes in order to provide employees the greatest possible tax benefit. Included in the Flexible Spending Account are reimbursement accounts for medical, dental and vision plan deductibles and co -payments; and other health care expenses not covered by existing medical and dental vision coverage. An additional element of the program includes reimbursement of child/dependent care. 33 3433.6 Retiree Medical, Dental and Vision Premium Reimbursement The City will provide medical, dental and vision benefits, for eligible employees and their spouse, upon retirement from the City of Temecula, as follows: A. Employee must meet all of the following criteria in order to qualify for the Retiree Medical, Dental and Vision Premium Reimbursement benefit: 1. Must have been hired on or before June 30, 2005, in a regular, authorized position; 2. Mmust have, upon retirement, completed a minimum of 12 years of cumulative service to the City of Temecula in a regular, authorized position status; 3. Mmust have retired from the City of Temecula on or after July 1, 2003, in accordance with CalPERS standards; and, 4. Mmust have been continuously employed in a regular, authorized position from July 1, 2005, until his or her retirement from the City of Temecula, with the exception of bargaining unit members referenced in Appendix C. Employees referenced in Appendix C shall remain continuously employed in a regular, authorized position from March 19, 2019, until their retirement from the City of Temecula to be eligible for the benefit. Part-time, regular, benefited employees shall also be eligible provided that total service in Temecula, as defined by CaIPERS, meets the required minimum for this benefit and if they meet the other criteria set forth in this article. If a retired Temecula employee reinstates to a regular benefited position with any S,at+ferRia CalPERS Agency, including the City of Temecula, this benefit will be discontinued and will not be reinstated. The only exception to this rule shall be in the event of a Reduction in Workforce and the employee had been re-employed by the City of Temecula pursuant to Article 44-43 of this M.Q.UMOU. This benefit will discontinue upon the death of the retired City employee. B. Retirement from the City of Temecula shall be defined as a CalPERS service or industrial disability retirement, and employee must be eligible for such retirement at the time of or within 120 days of separation from City service. -The date of eligibility shall be the employee's official CalPERS retirement date. C. Employees who have retired prior to the effective date of this MOU will be eligible for this benefit in accordance with the terms of the agreement at time of retirement. D_11—Eligible City of Temecula employees (as defined above), who retire during the term of this M.Q.U.MOU will be eligible for a reimbursement; for monthly premiums (not including co -payments, prescriptions, and other non -premium expenses) purchased and paid for by them, of —up to the current monthly cafeteria plan allotment, for continued medical, dental and vision coverage as provided for in sections 3433.1, 3433.2 and 3433.3 of this agreement. This payment will begin within 30 days of the employees' CaIPERS retirement, and upon written notice from the employee and verification of current premium payment amounts, and will continue through the term 34 of this agreement. E. The amount of the actual payMeot reimbursement will be based on proof of continued medical, dental or vision insurance and verification of the premium payment aMeeRtfor employee and spouse coverage. -The maximum reimbursement is inclusive of any required employer contributions. Be advised - the CalPERS medical premium on a PERS retiree's check is the premium amount AFTER the City of Temecula's mandatory employer contribution has been deducted. -Therefore, the net amount reimbursed will be the monthly premium based the mandatory employer contribution rate- as established by CalPERS annually, t4at iso ded—ted. IR addi+,� by the Gity. If e""�'cn,p:oyee-a retiree moves from the CalPERS service area, and coverage under the City provided medical, dental, and/or vision plans is not available, emcee -the retiree may request that an alternate medical, dental, and/or vision plans be approved by the City, if allowed by law. Coverage limited te empleyee, an�'�pliGable, spouse. The medical, dental, and/or vision insurance benefits will continue for eligible ems, le retirees and their spouse, even after the employee ^ e-sgualifying for Medicare coverage. -Medicare supplemental coverage and related premiums will be set in accordance with CalPERS benefit standards. -When a retiree transitions to a CalPERS Supplement/Managed Medicare or Combination medical plan, the City will automatically reimburse the standard Part B premium, not to exceed the maximum monthly allotment. Proof of coverage and premium payment will be required for retirees not enrolled in CalPERS medical, or for Medicare premiums exceeding the standard Part B premium. The existing Dental dental and Vision vision benefit plans only allow continuation of coverage for retirees for 18 months, after retirement. Following this time period, it is the retiree's responsibility to enroll in dental and vision coverage of their choice. In order to receive reimbursement (not to exceed the monthly allotment), the retiree needs to submit proof of coverage annually to the City's DireGtOF of Human Resources Department. F. For all coverages, excluding CalPERS medical, WhiGh are outside the RGRS medical plan _Se vicearea, eligible retired empleyeesretirees, or their authorized legal representative, must submit, to the City's Human Resources Department, proof of coverage and the premium aMepayment for the upcoming year. The timeframe for submissions will be determined by Human Resources and a schedule of the reimbursement dates including deadlines for submitting changes will be established and distributed annually. within 30 days of the payment. If proof of coverage is not received within said 30 daysthe identified timeframe, payments reimbursements will not be made until the proof of coverage is received for that year. Re-tre-a-stive Payments Will not be thoomminix fonn en a timely -basis. It is the responsibility of the retired employee to notify the Dirovn eGtere Human Resources Department of any changes in premium amounts or change in status. Retroactive payments will not be made if the employee fails to submit this information on a timely basis. 35 Article 35-34 Life Insurance The first day of the month following date of hire a regular employee, upon proper application and acceptance by the insurance carrier, shall be covered under a group life insurance plan for the amount of $50,000. Voluntary Life Insurance will be available to regular employees (outside the City's Section 125 Cafeteria Plan) at no cost to the City. Article 36-35 Retirement The City has established a multi -tiered retirement benefit. 3635.1 Tier 3 Pursuant to the Public Employment Pension Reform Act of 2013, (also known as "PEPRA", Assembly Bill 340), those who first become employed by the City on or after January 1, 2013, and who are "new members" as that term is defined in PEPRA, shall be subject to a third tier Public Employees Retirement System (PERS) formula of 2% @ age 62, and a benefit based on the highest 36 months of employment. New members shall pay their entire PERS member contribution by payroll deduction at a rate set by PERS or at 50% of normal cost as that term is defined in PEPRA. As of July 1, 2020, that percentage is 7.25%. New members shall also be subject to all other applicable provisions of PEPRA. This retirement formula shall be known as Tier 3. 3635.2 Tier 2 The City's second tier PERS retirement formula of 2% @ age 60 applies to employees hired on or after September 24, 2011, and up to and concluding December 31, 2012, as allowable by law. Tier two also applies to those hired at any time after September 24, 2011, who had prior membership in PERS or in another retirement system that has reciprocity with PERS. Highlights include the following: • A three-year final compensation • Annual 2% Cost Of Living Adjustment (COLA) • Post -Retirement Survivor Allowance • Fourth Level of 1959 Survivor's Benefit • Military Service Credit as Public Service 3635.3 Tier 1 The City's first tier PERS retirement formula of 2.7% @ age 55 applies to employees hired prior to September 24, 2011 as allowable by law. Highlights include the following: • One-year final compensation • Annual 2% Cost Of Living Adjustment (COLA) • Post -Retirement Survivor Allowance • Fourth Level of 1959 Survivor's Benefit • Military Service Credit as Public Service. 36 For retirement tiers 1 and 2, employees shall pay 3% of their PIERS member contribution. The City agrees to continue to pay the balance of the Member Contribution (EPMC), required by the Public Employee's Retirement System to maintain the current level of benefits for employees covered by this Memorandum during the term of this agreement. Regular employees are not covered under Social Security (1.45% Medicare only). 3635.4 Survivor Benefits The City of Temecula's PIERS 1959 Survivor Benefit coverage (Government Code section 21574) is a higher level of cash benefit paid to survivors of an employee who dies prior to retirement. The City provides Level 4 of PERS' Survivor Benefit. Article 37-36 Deferred Compensation The City shall provide for a Deferred Compensation Plan which may be utilized by any employee on an optional basis. The City reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of any plan. Such plan shall be implemented without cost to the City. Article 38-37 Late Starts This Article applies to non-exempt regular employees. A regular employee who is tardy to work or upon returning from break or lunch shall be docked pay at the discretion of the Department Director or designee(s). Such docking shall be rounded to the nearest 15-minute increment. However, if the employee is tardy for a period of less than 7 minutes, then no docking of pay shall occur. If the employee is tardy between 7 and 15 minutes, then a full 15 minutes shall be docked. An employee and their department manager, upon mutual agreement, may make up late time by either coming in early, staying late, or shortening their lunch hour (lunch hours can only be shortened if employee is on a 1 hour a day lunch schedule) to make the time up. It is understood the time to be made up must be made up within the same 7-day work period the late time occurred, that no overtime will result from making up late time, and that there shall be no disruption to City services or operations. In addition, no provisions of this article are subject to the grievance procedure. Finally, an employee may be disciplined for continued late starts. Article 3-9-38 Rest Periods All represented employees may take, for each full eight (8), nine (9), or ten (10) hour shift worked at the direction of the respective department, a 15 minute break each four or 4 '/2 -hour period. Rest and lunch periods must be arranged with your supervisor and are intended to be uninterrupted time. Employees working in the field shall take, at the direction of the department, rest periods nearby the work site. Rest periods/meals are for the good of the employee, but periods cannot be used to make up for other lost time or to arrive at work late or leave work early. Exceptions to this rule must be with supervisory approval. Rest periods are not cumulative. In the event the employee is called off their lunch break because of an emergency or if the department schedules a hands-on mandatory lunch meeting, the employee is entitled to be compensated for this time. 37 Article 40-39 Hours of Work The City has an absolute right to assign work schedules for City employees. If the City proposes to change the work schedule of a classification or an employee in a classification, represented by the Union, the City will provide the employee and Union with a written notice which will include the valid business need for the schedule modification. Such written notice will be provided at least ten (10) business days in advance of any change. During the term of this agreement, the City will continue to offer alternative work plans where business needs (e.g., customer service and employee productivity) are prioritized and uncompromised. Examples of alternative work plans include: • 9/80 Work Plan: an employee works nine (9) days in a two -workweek period, but not more than 40 hours in either workweek. • 4/10 Work Plan: an employee works four (4) 10-hour days in a workweek for a total of 40 hours. 4039.1 Participation Participation in the alternative work plans is on a City wide basis. Employees have the option of participating in an alternative work plan if the Department Director has agreed and the affected classification is eligible based upon the scheduling and service needs of the department. Upon Department Director approval, employees may change work plans on a temporary or on -going basis. Article 4440 Grievance Procedure The purpose of this article is to promote improved employer -employee relationships by establishing procedures for appealing management actions. To afford employees, individually or through representation, a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussion. This process is intended to provide settlement of grievances as near as practicable to the point of origin. 4440.1 Grievance A grievance is any alleged violation as to the interpretation or application of personnel policies and practices or the application of any negotiated agreement or any law, rule or regulation governing personnel matters for which there is not another administrative appeal process. 4440.2 Representation A regular employee is entitled to representation in the preparation and presentation of a grievance at any step in the grievance procedure. The grievant is entitled to be released from work for a reasonable period of time in order to present the grievance. 4440.3 Grievance Discussion A regular employee or employee representative will be unimpeded and free from restraint, discrimination, interference, or reprisal in seeking appropriate adjustment of a grievance 38 provided, however, that an employee's representative may not participate in an informal discussion with the supervisor as required prior to the filing of a formal written grievance. 4440.4 Non -Reviewable Grievance A grievance is not reviewable under this procedure if it is a matter which would require the modification of a policy established by the City Council or by law, or is reviewable under some other administrative procedure and/or rules of the City, such as: A. Employee requested applications for changes in title, job classification or salary. B. Appeals from formal disciplinary action. C. Appeals from work performance evaluations. However, there may be an allowable grievance if a bargaining unit member conducts a formal evaluation of another bargaining unit member. 4440.5 Filing of Grievance In order for an employee to file a grievance, the employee must raise the issue with the immediate supervisor or Department Director, in writing, within 15 business days after the employee knew or, by reasonable diligence, should have known of the circumstances giving rise to the grievance and should be subject to all processing set forth herein. 4440.6 Grievance Time Limits The time limits set forth in the grievance procedure may be extended by mutual consent of both parties. Step 1 An employee, before reducing the grievance to writing, will take the matter up with their immediate supervisor in an informal conference. The employee and the supervisor are each entitled to the presence of a silent observer. The silent observer for the grievant must be the union steward. An observer that interrupts or participates in the discussion may be excluded from the discussion by either the employee or the supervisor. The supervisor will have five (5) business days to render a decision in writing. Failure of the supervisor to render a decision in writing within five (5) business days, entitles the employee to move the grievance to the next step. Step 2 If the grievance is not settled in Step 1, the employee and their representative, if any, may within five (5) business days' appeal, in writing, to the employee's Department Director. The Department Director shall schedule a meeting, to hear the grievance, which will take place within ten (10) business days from the date the grievance is referred to Step 2. The Department Director shall issue a decision within ten (10) business days. The employee may within five (5) business days move the grievance to Step 3. Failure by the employee to raise the issue to the next level will result in the grievance procedure ending. Final Step 39 If the grievance is not settled in Step 2, the employee and their representative, if any, may within five (5) business days' appeal, in writing, to the City Manager. The City Manager or, if designated, the Assistant City Manager shall schedule a meeting to take place within 15 business days. The City Manager or Assistant City Manager shall have 15 business days to render a decision which will be final and binding. Article 42-41 Discipline General Statement of Policv: It is the City's belief that rules of conduct are most effective when they are written and communicated to employees and supervisors, consistently enforced, and the difference between major and minor forms of misconduct recognized. The City's goal is to administer discipline on an equitable and corrective basis. Effective discipline reinforces training by identifying rules and their reasons, correcting misconduct or improving job performance, serving as a deterrent through enforcement, and penalizing in relation to the severity of the offense and the employee's past record. In general, the City will not use supporting documents older than three (3) years when considering a disciplinary action. At the request of the employee, Union representation will be provided during investigative conferences that may result in formal discipline. Formal discipline is defined as a minimum of a written reprimand. If the supervisor anticipates that discipline, resulting in a written reprimand or greater discipline will result, the supervisor shall notify the employee that they have a right to request Union representation prior to further discussion of the issue. Definition of Disciplinary Action: "Disciplinary Action" means action taken by the Department Director or designee for disciplinary reasons, pursuant to the City of Temecula Discipline Policy. Such disciplinary actions include: 1) a formal warning, 2) a written reprimand, 3) disciplinary suspension, 4) reduction in pay, 5) demotion, 6) dismissal, or 7) any other action taken for disciplinary purposes. Informal Discussion: Though not a disciplinary action, when a minor job performance problem develops, an informal discussion shall usually occur to assist the employee in clarifying and remedying the problem. An informal discussion is designed to clarify standards, policies and procedures or rules and regulations so that problems are resolved early and thus, the need to utilize disciplinary action may be avoided. Formal Warnin The formal warning shall be given in response to minor misconduct. The warning should be prompt, calm, and constructive, and every effort shall be made for the formal warning to be given in private. The supervisor/department Department direGteF shall include in the formal warning a review of appropriate department standards and policies, employee performance expected in the future and consequences for failure to correct performance or behavior. A formal warning will be documented in memorandum format by the supervisor/department director and a copy of the formal warning memorandum to the employee. This memorandum does not go into the employee's central personnel file. In addition, the employee may request that a Union representative be present during this process. 40 Written Reprimand: The written reprimand shall be given by the Department Director or designated authority when a formal warning has not succeeded in stopping the misconduct or when the misconduct is considered too serious to warrant a formal warning. Misconduct includes failure to meet City performance standards. The Department Director should first counsel the employee about the misconduct, as if giving a formal warning. At the end of the discussion, if no extenuating circumstances are discovered, the Department Director shall inform the employee that a letter of reprimand shall follow and shall be placed in their central personnel file located in the Human Resources Department. The written reprimand shall include a full, accurate and factual statement of the reason for the reprimand, if applicable, appropriate department standards and policies, employee performance expected in the future, and consequences for failure to correct performance or behavior. The employee and/or their representative has the right to request a meeting with Human Resources to discuss the content of the written reprimand prior to it being placed in the employee's central personnel file. Finally, the employee has the right to attach a written response to the written reprimand to be placed in the employee's central personnel file. Disciplinary Suspension: Disciplinary suspensions without pay are actions which generally deprive an employee of pay for any period up to 30 business days and are usually given when serious misconduct or repetition of past problems for which the employee has been reprimanded require a strong management response. The nature of the offense, its severity and the circumstances dictate the length of suspension. Recurrence of the same or similar offenses can result in a second or third disciplinary suspension of progressively increased duration or in a dismissal. A disciplinary suspension is given an employee when formal warnings or written reprimands have not been effective, or when the misconduct warrants more than a written reprimand. The City distinguishes between minor disciplinary suspension as one (1) to five (5) business days and major disciplinary suspensions as six (6) to 30 business days. Minor suspensions can be used as steps in progressive discipline. Major suspensions are used as steps in progressive discipline. Major suspensions are used as a more severe step in progressive discipline or where the act of misconduct does not warrant dismissal. Department Directors shall institute disciplinary suspensions only after Human Resources and City Manager approval. Reduction in Pay: The reduction of an employee's base pay through the loss of a grade or step is the action given when a disciplinary suspension has not been effective, or when the misconduct is too serious for disciplinary suspension alone. Department Directors shall institute a reduction in an employee's base pay only after Human Resources and City Manager approval. Demotion: The Department Director may demote an employee for disciplinary reasons or because the employee's ability to perform the required duties falls below standards for that position, provided that the employee has been given a reasonable time to improve. Upon request of the employee, 41 and with the consent of the appointing authority, demotion may be made to a vacant position. No employee shall be demoted to a position unless they possess the minimum qualifications for such a position. Department Directors shall institute a demotion only after Human Resources and City Manager approval. nismiSSal- Dismissal or involuntary separation of an employee from City employment shall be imposed only when all other disciplinary measures have failed and the employee is deemed beyond rehabilitation or when an act of misconduct is deemed very serious. A career employee may be dismissed by the Department Director for just cause as outlined in these rules. Resignation: An alternative to Disciplinary Action: At times, an employee may offer to resign instead of facing disciplinary action. By doing so, the employee loses the right to appeal. A resignation must be completely voluntary. If the action taken is a written reprimand, disciplinary probation, a disciplinary suspension, a reduction in pay, a demotion, or a dismissal, documentation shall be in accordance with this policy. A copy of all such disciplinary documents shall be placed in the employee's central personnel file located in the Human Resources Department. The employee shall sign and receive a copy of such disciplinary documents. If the employee refuses to sign the statement, that fact should be noted in writing by the supervisor. Actions that are not Appealable: Denial of merit or pay increases, performance evaluations, informal discussions, oral counselings, and formal warnings. Disciplinary Action Subject to Skelly Procedure: Prior to a disciplinary suspension, a reduction in pay, a demotion, or a dismissal of a career employee for disciplinary purposes, the procedure set forth in this section shall be complied with. Administrative Suspensions with Pay: Pending investigation of an accusation against an employee, the City Manager may approve the temporary suspension of an employee with pay, pending the undertaking or completion of an investigation or opportunity to respond as may be required to determine if any disciplinary action shall be taken. Skelly Procedure: A. Written Notice: The Department Director or designated authority shall give the employee a written notice of the proposed disciplinary action at least ten (10) business days prior to the effective date. The written notice shall be personally delivered to the employee or sent 42 C I by certified mail to the employee's last known address. The notice should include the following information: A description of the proposed action to be taken and its proposed effective date or dates; 2. The specific grounds and particular facts upon which the action is proposed to be taken; 3. The employee's right to receive a copy of the written materials alleged to support the proposed action; and 4. A statement advising the employee of the right to respond, orally or in writing, and the time period in which to do so. Employee Review and Response: The employee shall be given an opportunity to review the documents or materials upon which the proposed disciplinary action is based. Within ten (10) business days after receipt of the written notice, the employee shall have the right to respond to the Department Director, orally or in writing, concerning the proposed action. Failure to respond within the time specified may result in the employee's waiver of their pre -disciplinary procedural rights. By mutual agreement, the specified time period may be extended. Department Director Decision: The Department Director or designee shall, within ten (10) business days, provide a written decision to the employee after reviewing the employee's response, if any. The decision shall be personally delivered to the employee or sent by certified mail to the employee's last known address. The decision shall acknowledge the employee's response and shall be dated and signed by the Department Director. If disciplinary action is to be taken, the written response shall include a statement informing the employee of the right to appeal and the time period within which the appeal must be made. If mutually agreed upon, the effective date of postponed to allow the Department Director employee's response before making a decision Appeal of Department Director's Decision: any proposed disciplinary action may be enough time to adequately review the An employee may appeal a Department Director's decision within ten (10) business days of receiving the decision. An appeal shall be accompanied by a copy of the written notice of disciplinary action served on the employee, the Department Director's written decision, a brief statement of the facts and reasons for the appeal and a brief statement of the relief requested. If, within the ten (10) day appeal period, the employee involved does not file an appeal, unless good cause for the failure is shown, the action of the Department Director or designee shall be conclusive. If an employee withdraws the appeal, the employee waives the right to further review. Appeals filed within the ten (10) day requirement shall be handled in accordance with the following provisions: 43 E. Minor Disciplinary Suspension, Reduction in Pay and Demotion: An employee may appeal a disciplinary suspension of five (5) days or less, or a reduction in pay of 5% or less annualized by submitting a written response to Human Resources within ten (10) business days after the employee has received the Department Director's decision. Such an appeal and decision of the matter is based only upon the written record. Human Resources shall render a written decision within ten (10) business days after receipt of the appeal. The City Manager may modify the disciplinary action, but in no event shall have the authority to increase the disciplinary action. The City Manager's written decision is the final and conclusive administrative review. F. Manor Disciplinary Suspension, Reduction in Pay, Demotion and Dismissal: Disciplinary suspensions of greater than five (5) days, reductions in pay greater than 5% annualized any demotions from class to class, or a dismissal may be appealed to the City Manager. The City Manager may designate the Assistant City Manager or another person mutually agreed to by the City Manager and the Union, to serve as Hearing Officer who shall determine the hearing procedure. The hearing need not be conducted according to technical rules relating to evidence and witnesses. However, the Hearing Officer shall ensure that the matter before them can be fairly determined on reliable evidence. The Hearing Officer, shall render a written record of their findings, conclusion and decision as soon after the conclusion of the hearing as possible and in no event later than 20 business days after conducting the hearing, unless the parties otherwise agree. The Hearing Officer may modify the disciplinary action, but in no event shall have the authority to increase the disciplinary action. The Hearing Officer's decision on the appeal is final and conclusive administrative review. However, if an employee reports directly to the City Manager, then a hearing officer may be called in, to act as the final level of administrative review. G. Amended Notice of Disciplinary Action: At any time an appeal is submitted for decision, the Department Director or designated authority may, with the consent of the City Manager, amend the disciplinary action or provide a supplemental notice of disciplinary action. A decision not to impose any disciplinary action should be accompanied by a directive from the Department Director to delete all references to the pending action from the employee's personnel file(s). Failure by the Department Director to make further investigations or to provide an additional written answer shall not affect the ability of the City to impose disciplinary action. If the amended or supplemental notice of disciplinary action presents new causes or allegations, the employee shall be afforded a reasonable opportunity to prepare a response, but the employee shall not be required to file a further appeal. Any objections to the amended or supplemental causes or allegations may be made verbally or in writing during the appeal interview. 44 Article 43-42 Alcohol and Drug Policy It is the policy of the City of Temecula to have a work environment free from the effects of drugs and alcohol. To accomplish this objective, represented employees agree to abide by the City of Temecula Alcohol and Drug Policy over the life of this agreement. Article 44-43 Reduction in Workforce The City may separate any employee or class of positions without prejudice, because of financial or economic condition of the City, reduction of work, or abandonment of activities. The City shall give such employees not less than two (2) weeks advance notice of separation and the reason therefore. However, no regular employee shall be separated from a department while emergency, project, probationary, part-time, or temporary employees are employed and serving in the same positions in the department. The order of layoff shall be as follows: Order of Lavoff: The order of layoff of career employees shall be made in accordance with a system, which favors retention of the more meritorious employees, based upon evaluation of the following factors in the listed order of importance: A. The three (3) most recent performance evaluation records once finalized and filed in Human Resources Department. The overall evaluation rating will be utilized for purposes of determining performance. If the overall evaluation rating category includes a combination rating such as Commendable/Outstanding (C/O), the rating will be combined to determine overall performance. Those employees with the lowest overall ratings will be further evaluated in Section B and C, detailed below. Should there be a change to the rating categories as a result of revisions to the City's Performance Evaluation format, the City agrees to meet and confer to discuss needed adjustments to Article 4443. B. Documented disciplinary actions above the written reprimand level during the preceding 12 months C. Seniority (as defined in Article 9) in relation to the following categories: 1. in the City 2. in the classification 3. in the department. In exceptional circumstances, the City may determine that it is not cost effective to replace specific employees, within a classification, who have received specialized training to perform duties or carry out responsibilities related to a specific department. Re-employment List: The name of every regular employee who is laid off, for longer than one (1) pay period due to a reduction -in -force, shall be placed on the Re-employment List, in order of layoff. Vacancies to be filled within a department shall be offered, first in reverse order of layoff (last employee reduced is first rehired), to individuals named on the Re-employment List who, at the time of the reduction - in -force, held a position in the same job classification. 45 The City may also offer voluntary layoff packages to employees. These packages, at the discretion of the City Manager, may provide 90 days of compensation for employees who volunteer to participate in a voluntary reduction of workforce process. Individual names may be removed from the Re-employment List for any of the following reasons: A. The expiration of 12 months from the date of placement on the list. B. Re-employment with the City in a regular position. C. Request in writing to be removed from the list. Status on Re-employment: A regular employee who has been laid off or terminates in lieu of reassignment and is re-employed in a regular position within 12 months from the date of layoff or termination shall be entitled to: A. Restoration of seniority accrued prior to layoff. B. Credit for all service prior to layoff for the purpose of determining the rate of accrual of Comprehensive Annual Leave. C. Placement in the salary range as if the employee had been on a leave of absence without pay if they are reinstated to the same job classification. Article 45-44 Job Actions The Union agrees not to strike or otherwise engage in withholding services or concerted action during the term of this agreement. Also, the City agrees not to lock out the employees. Article 45-45 Reasonable Accommodation of Employees with Disabilities Because the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA) requires reasonable accommodations for individuals protected under the Act, and because these reasonable accommodations must be determined on an individual case -by -case basis, the parties agree that the provisions of this agreement may be disregarded in order for the City to avoid discrimination relative to hiring, promotions, granting permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leave, fringe benefits, training opportunities, hours of work, or other terms and privileges of employment. The Union recognizes that the City has the legal obligation to meet with the individual employee to be reasonably accommodated before any adjustment is made in working conditions. The Union will be notified of these proposed reasonable accommodations prior to implementation by the City. Any reasonable accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice in the Grievance procedure. Prior to disregarding any provision of this agreement in accommodations for an individual protected by the representative of the Union with written notice of its requested will allow the business representative of the to disregarding the agreement. order to undertake required reasonable Act, the City will provide the business intent to disregard the provision, and if Union the opportunity to discuss options 46 Article 47-46 Reclassifications 47-6.1 Reclassification Request Process If any regular employee, during the term of this agreement, believes they are working out of classification, he/she is entitled to request a reclassification study to be conducted by the Human Resources Department. This request must be made by October 1st so the process can be completed in time for the mid -year budget or annual budget as determined by the City. The employee will then be required to complete a Position Description Questionnaire (PDQI. If the PDQ demonstrates that the employee's work has fundamentally changed due to a department reorganization, changes to staffing_ levels. introduction of new programs or services, and/or re -allocations of work and internal reporting relationships, then the employee will be referred to an independent consultant who can objectively complete the reclassification study. The independent consultant shall determine the methodology used to conduct the reclassification study. The results of the study will be shared with the subject employee by May 1 It of the following calendar year. and the results are not appealable. 47-46.2 Reclassification Implementation Employees shall be placed into his/her new position's salary range at the salary step in the range closest to his/her current salary without going under, or to the first step in the range of the reclassification, whichever is greater. Employees whose current salary range is higher than their recommended classification's salary range shall retain their current salary range as a "y-rated" salary range. Y-rated salary ranges are not subject to cost of living increases; however, if the unmodified salary range for an employee's classification exceeds that of their y-rated classification's salary range due to a cost of living increase, the employee shall be placed in their classification's unmodified salary range at the salary step in the range closest to his/her current salary without going under. Those employees assigned to y-rated salary ranges shall be listed in Appendix B. Employees shall not serve a probationary period as a result of being reclassified, and shall retain his/her performance evaluation date and merit increase eligibility prior to being reclassified. 47 Article 48-47 Performing Arts/Theater Staff This Article applies to non-exempt regular employees. Regular employees who work at the City of Temecula Old Town Temecula Community Theater are provided benefits in accordance with the M-O-U. A. Employees are provided Shift Differential in accordance with Article 18 of the M.O.U. B. Employees who do not receive a meal break after the 5tn hour shall be compensated at 1.5 times their hourly rate of pay until a meal break is provided, in accordance with Article 40. C. With regards to overtime, all employees shall be compensated in compliance with Article 13 (Overtime) of the M-O-U. D. Employees shall receive an 8-hour rest period between work periods, as outlined in Article 13.4 (Overtime). Article 49-48 Posting of Vacancies The City will fill all bargaining unit vacancies consistent with this MOU. The City agrees to conduct a competitive process for any bargaining unit vacancy, including internal recruitment opportunities, during the life of this agreement. 4948.1 Internal/Promotional On y-Recruitments • All-Internal/promotional bargaining unit vacancies will be posted for a minimum of three (3) calendar days Prior to FenFYi+inn extemall, CntFy level positions in a posted externally from the beginning of the Fenn fitment • Internal/promotional recruitment opportunities may be open to all City employees (i.e. Regular and Project employees) at the discretion of the City. Applicants who have submitted a timely employment application shall be placed on an Eligibility List, once Human Resources verifies that the minimum qualifications of the position have been met. a. If there is only one (1) candidate on the Eligibility List, that employee may be appointed without an interview. b. If more than one (1) candidate is on the Eligibility List, the department must invite all candidates on the Eligibility List to be interviewed. If only one (1) candidate accepts the invitation to be interviewed, that employee may be appointed without an interview. • If the internal recruitment is not successful, the vacancy may be posted externally. 48 4948.2Internal/External Recruitments • All bargaining unit vacancies will be posted for a minimum of three (3) calendar days Drior to recruitina externally Entrv-level Dositions in a Classification Series as defined by the City's Classification Plan Definitions may be posted externally from the beginning of the recruitment. • The first round of interviews shall score applicants and establish an Eligibility List. • Only applicants on the Eligibility List may be appointed. Article W49 Severabilit If any provision of this agreement shall be declared void or unenforceable by a court of competent jurisdiction, the remaining provisions of this agreement shall remain in full force and effect, except that either party to the agreement may request the other party to meet and confer in regard to amending the agreement to replace the provisions declared void or unenforceable. However, there will be no obligation on either party to agree on a replacement provision. Article 54-50 Performance Evaluations Five (5) rating levels with measurable criteria and detailed definitions have been established to ensure consistency in the evaluation process throughout all City departments. Should there be a change to the rating categories as a result of revisions to the City's Performance Evaluation format, the City agrees to meet and confer to discuss needed adjustments to Article 5450. All managers and supervisors will be trained in communication skills to enhance their ability/knowledge to give employees the tools needed to achieve acceptable rating levels and maintain a successful career path within one year of becoming a manager or supervisor of a bargaining unit member. Bargaining Unit members working in a supervisory position may conduct performance evaluations for other bargaining unit members; however, those in lead roles shall only provide input to managers and/or supervisors conducting performance evaluations. If an employee's overall rating drops two (2) rating levels from one evaluation period to the next evaluation period — the employee has the right to appeal the rating with representation from both the Union and the Human Resources Department present. When there is a change with whom a bargaining unit member reports to, their evaluation for that rating period will be completed in the following manner: a. The evaluation will be completed by the new supervisor with input from the supervisor that had the employee under their supervision the most during that 12- month period. b. The new supervisor will provide input and establish a new set of goals/objectives. c. A change in supervisor does not change the employee's evaluation date unless the new supervisor is due to a position change (except reclassification). A change in position (except reclassification) results in adjusting the promotional and/or annual evaluation dates based on the effective date of the position change. Overdue Evaluations An overdue evaluation report will be given to the Union Chief Steward, by Human Resources Department, on a mutually agreed upon schedule. Human Resources Department and the Union 49 will work cooperatively to ensure the timely receipt of annual evaluations. At 60 days past the official evaluation due date, the Director of Human Resources will contact the appropriate Department Director, of the affected employee, at which time a date will be determined to give the evaluation and the employee notified of the determined date. If an annual evaluation becomes 90 days overdue, a step increase will automatically be given (if applicable) by Human Resources. If an extenuating circumstance exists, the manager will discuss this with the affected employee and will come to a mutually agreed upon extension. If any evaluation becomes 120 days overdue, it may be subject to the Union filing a grievance. Article 5-2-51 Personnel Rules and Policies The City shall submit any proposed changes to Personnel Rules to the Union prior to implementation. Article 53-52 Notice to Meet and Confer on Policy Changes The City shall meet and confer on any policy change that comes within the scope of representation under the Meyers-Milias-Brown Act (MMBA). Article 5453 Reporting Project Employee Hours The City shall provide a quarterly report to Union Leadership, outlining Project Employee Titles, Department, and year-to-date Hours Worked. 50 Posting of Agreement A copy of this agreement will be initially distributed to all represented employees and given to all new employees hired into the unit after the date of adoption. The undersigned, representing the City and the Representatives do hereby adopt the terms and conditions set forth herein, and recommend the City Council and members of the Unit approve it. For the City: Isaac Garibay Director of Human Management Resources/Risk GFeg But;eFLuke Watson Ass;sta„t-Deputy City Manager Jennifer Hennessy Director of Finance Luke W.,+c^nRebecca Obmann DoreGtOr Gf GGMM Rit y Deyelopmor,+Senior Human Resources Analyst For the Union: Neil Sholander Attorney/Business Representative, Teamsters Local 911 Leslie Wytrykus Union Steward William Becerra, Jr. Union Steward Tom Cole Union Steward 51 Appendix A - Represented Classifications for Regular Employees Accountant I ' Lead Maintenance Worker Accountant II ' Maintenance Worker I Accounting Assistant Maintenance Worker II Accounting Support Supervisor Management Aide I Accounting Technician I ' Management Aide 11 Accounting Technician 11 * Management Aide III Administrative Assistant Management Assistant Aquatics Coordinator Multimedia Assistant Aquatics Supervisor I ' Multimedia Specialist I Aquatics Supervisor 11 * Multimedia Specialist 11 Assistant Engineer I * Multimedia Coordinator Assistant Engineer II ' Office Specialist I Assistant Planner Office Specialist 11' Associate Civil Engineer Park RangenAttendant I Associate Engineer I Park Attendant Rangenll Associate Engineer 11 Park Attendant Rangenlll Associate Planner I Plan Checker Associate Planner 11 Planning Technician Building Inspector I Public Works Inspector I Building Inspector 11 Public Works Inspector 11 Business License Assistant Purchasing Assistant Business License Supervisor Purchasing Supervisor Business License Technician Records Coordinator Buyer I * Records Supervisor Buyer 11 * Records Technician Cashier Senior Accountant Code Enforcement Officer I Senior Accounting Technician Code Enforcement Officer 11 Senior Administrative Assistant Community Development Processing Supervisor Senior Building Inspector Community Development Services Technician I Senior Business License Technician Community Development Services Technician 11 Senior Buyer Community Services Assistant Senior Code Enforcement Officer Community Services Coordinator I * Senior Community Development Services Tech Community Services Coordinator 11 * Senior Fire Inspector Community Services Specialist I * Senior IT Specialist Community Services Specialist 11 * Senior Landscape Inspector Community Services Supervisor I * Senior Office Specialist Community Services Supervisor 11 Senior Public Works Inspector Construction Manager Senior Records Coordinator Custodian I Senior Signal Technician Custodian 11 Senior Support Services Technician Engineering Technician I Signal Technician I Engineering Technician 11 * Signal Technician 11 Field Supervisor (Building, Code, Fire) Supervising Park AttendantRanger Field Supervisor (Streets, Parks, Facilities, Traffic Signals, Supervising Public Works Inspector Landscape Inspection) Fire Inspector I Fire Inspector 11 IT Specialist I IT Specialist 11 IT Supervisor IT Technician I IT Technician II * Landscape Inspector I Landscape Inspector II *Flexibly staffed position. Support Services Assistant Support Services Supervisor Support Services Technician Theater Technical Assistant Theater Technical Coordinator I * Theater Technical Coordinator II * Theater Technical Specialist I Theater Technical Specialist II Any additions, removals, or changes to Appendix A of the MOU is subject to meet and confer with Teamsters Local 911, and subject to provisions set forth in City Employer -Employee Resolution 93-38 adopted by City 5/11/1993. Appendix B — Y-Rated Employees Employee Name Classification Sam Sek Custodian II (Y-Rate) Stephen "Jay" Oldham Senior Public Works Inspector (Y-Rate) Appendix C — Article 3433.6 Employees Employee Name Employee Number Norma Pamela Espinoza 00347 Jill Flores 00307 A 3 OFN The Hirt -of Southarn California Wine Country City of Temecula Management Compensation Plan Effective July 1, 20212022 Table of Contents Section1: Introduction..................................................................................................6 Section2: Personnel Files.............................................................................................6 2.1 Derogatory Material................................................................................................. 6 2.2 Derogatory Material on File..................................................................................... 7 2.3 Customer/Citizen Letters of Commendation............................................................ 7 Section3: Hours of Work..............................................................................................7 3.1 Participation............................................................................................................ 7 3.2 Work Week............................................................................................................. 7 3.4 Alternating Day Off Designation.............................................................................. 8 3.5 Flexible Working Hours........................................................................................... 8 Section 4: Compensation Adjustments.......................................................................8 4.1 Longevity Compensation......................................................................................... 8 4.2 Special Merit Pay.................................................................................................... 9 4.3 Bilingual Pay........................................................................................................... 9 4.4 Notary Pay.............................................................................................................10 4.5 PERS Reportability................................................................................................10 Section5: Holiday Pay................................................................................................ 10 5.1 Assigned Schedule for Holiday Pay........................................................................10 5.2 Pro -Rated Holiday Pay...........................................................................................10 5.3 Scheduled to Work a Holiday.................................................................................10 5.4 Work Plan for Holiday Pay on Employee's Scheduled Day Off...............................10 5.5 Floating Holiday.....................................................................................................10 Section6: City Holidays.............................................................................................. 11 Section7: Overtime..................................................................................................... 11 7.1 Time Worked..........................................................................................................12 Section 8: Overtime Authorization............................................................................. 12 Section 9: Compensatory Time.................................................................................. 12 9.1 Accrual...................................................................................................................12 9.2 Time Used for Leave..............................................................................................13 9.3 Cash Out................................................................................................................13 Section 10: Shift Differential Pay................................................................................ 13 Section 11: Temporary Upgrade Assignment........................................................... 13 11.1 Salary.....................................................................................................................14 11.2 Length of Temporary Upgrade Assignment............................................................14 11.3 Temporary Upgrade Work Exclusions....................................................................15 Section 12: Probationary Periods............................................................................... 16 12.1 Promotional and Transfer Probation.......................................................................16 Section 13: Eligibility for Merit Increases/Performance Evaluations ....................... 16 13.1 Performance Evaluations.......................................................................................16 13.2 Overdue Evaluations..............................................................................................17 Section 14: Tuition Reimbursement........................................................................... 17 14.1 Required Educational or Training Courses.............................................................17 14.2 Training Time.........................................................................................................17 14.3 Reimbursement......................................................................................................17 Section 15: Employee Computer Purchase Program ................................................ 18 Section16: Paid Leave................................................................................................ 18 16.1 Comprehensive Annual Leave...............................................................................18 16.2 CAL Donations.......................................................................................................19 16.3 Executive and Administrative Leave.......................................................................19 16.4 CAL/Executive/Administrative Leave Time Cash Out.............................................20 16.5 Bereavement Leave...............................................................................................21 16.6 Jury Dutv and Court Related Absences..................................................................21 Section 17: Leave of Absence under FMLA, CFRA and PDL.................................... 22 17.1 Statement of Policy................................................................................................22 17.2 Employee Notice of Leave......................................................................................23 17.3 Employee Benefits While on Leave........................................................................23 17.4 Substitution of Paid Accrued Leaves......................................................................23 17.5 Medical Certification...............................................................................................24 17.6 Reinstatement upon Return from Leave.................................................................25 17.7 Required Forms.....................................................................................................26 17.8 Pregnancy Disability Leave....................................................................................26 17.9 Bonding Leave.......................................................................................................27 Section 18: Military Leave ......................................... 27 Section 19: Leaves of Absence Without Pay............................................................. 28 19.1 Benefits While on Leave without Pay.....................................................................28 19.2 Procedure for Requesting Leave of Absence without Pay......................................28 19.3 Procedure for Unforeseen Circumstances..............................................................29 Section 20: Health and Wellness Benefits................................................................. 29 20.1 Health Coverage....................................................................................................30 20.2 Dental Coverage....................................................................................................30 20.3 Vision Coverage.....................................................................................................30 20.4 Disability Insurance................................................................................................30 20.5 Flexible Spending Account.....................................................................................31 20.6 Retiree Medical, Dental and Vision Premium Reimbursement................................31 Section21: Life Insurance...........................................................................................33 Section22: Retirement................................................................................................33 Section 23: Deferred Compensation.......................................................................... 34 Section 24: Alcohol and Drug Policy..........................................................................34 Section 25: Uniform Allowance and Boot Reimbursement.....................................35 Section 26: Reasonable Accommodation of Employees with Disabilities..............35 Section27: Discipline..................................................................................................35 Section 28: Classifications Covered under this Plan ................................................. 35 Section 29: Reclassifications...................................................................................... 36 29.1 Reclassification Studies.........................................................................................36 29.2 Reclassification Request Process..........................................................................36 29.3 Reclassification Imglementation.............................................................................36 WE 0 K�W a-, 0 KWXW mkw�'AIAWA m k�. = M LWA 0 &WK. ---------- �IVAMLWAMM-1001 WK--. WK 01111111111 -M 0 P41-Mm, I LZ A MIML�j I I I a w■ --A IN L" a .10 R.1 Kt I= Irl WIA��I 0 0 M MR KV N M =LwX� RIAL� ■ I�_AWAMff.RqLwAm_ ;11111�110116LI K-IML-M PITNUL., . -AL-,L-31-ANNEL �g Section 1: Introduction This Management Compensation Plan (MCP) will govern the compensation and schedule of benefits for Confidential, Management, and Executive Management employees of the City of Temecula (City). Definitions Executive Management: Employees who are either Department Directors or defined as Executive Management by the Temecula Municipal Code or by City Policy. Executive Management employees are generally exempt from Fair Labor Standards Act (FLSA) overtime requirements. This exemption is based upon the fact that all executive management employees have passed the salary and duty tests required for this exemption. 2. Management: All employees defined as Management employees by the Temecula Municipal Code or City policy. Management employees are generally exempt from FLSA overtime requirements. This exemption is based upon the fact that all management employees have passed the salary and duty tests required for this exemption. 3. Confidential: Confidential Employees are defined as an employee whose duties normally require access to confidential information; an employee who acts in a confidential capacity who contributes significantly to the development of management policies and procedures. Confidential employees will be reviewed on a classification -by -classification basis to determine if they are or are not eligible for exempt status. Section 2: Personnel Files The official personnel file of each employee shall be maintained in the Human Resources Department. An employee may authorize a supervisor/manager in writing to review or obtain copies of the employee's file with the exception of material that includes ratings, reports or records which are obtained prior to the employment of the employee involved. 2.1 Derogatory Material Derogatory written materials (generally written reprimands and disciplinary suspension, excluding performance evaluation) shall be removed from an employee's official file in the Human Resources Department, providing there have been no further occurrences of documented violations, at the employee's request. Written reprimands are eligible to be removed, after two (2) years and disciplinary suspension after three (3) years if above criteria have been met. In order for the derogatory written materials to be removed, Human Resources must receive a formal written request from the employee to remove such materials. 9 2.2 Derogatory Material on File Employees shall be provided a copy of any derogatory material that is to be placed in their official file. 2.3 Customer/Citizen Letters of Commendation All customer or citizen letters of a positive nature and/or any City commendations, letters of achievements and recognition will be placed in the employee's personnel file, at the employee's request. Section 3: Hours of Work The City has an absolute right to assign work schedules for City employees. If the City proposes to change the work schedule of a classification or an employee in a classification, covered by this plan, the City will provide the employee with a written notice which will include the valid business need for the schedule modification. Such written notice will be provided at least ten (10) business days in advance of any change. The City will continue to offer alternative Work Plans where business needs (e.g., customer service and employee productivity) are prioritized and uncompromised. Examples of alternative Work Plans include: • 9/80 Work Plan: an employee works nine days in a two -workweek period, but scheduled to work 40 hours in either workweek. • 4/10 Work Plan: an employee works 4 10-hour days in a workweek for a total of 40 scheduled work hours. Unlike non-exempt employees, exempt employees receive a salary for their services and are not responsible for reporting their work hours on an hour for hour basis. Management employees will receive full day compensation when hours worked, on that day, is only partial, with the understanding that Management (exempt) employees work more than an average of 40-hours per week. 3.1 Participation Employees have the option of participating in an alternative Work Plans if the Department Director has agreed, and the affected classification is eligible based upon the scheduling and service needs of the department. Upon Department Director approval, employees may change between Work Plans on a temporary or on -going basis. 3.2 Work Week 5/40 and 4/10 work week defined: for the purpose of computing overtime, the workweek for employees who work the 5/40 or 4/10 schedule is a seven (7) day period beginning at 12:01 a.m. on each Saturday and ending at midnight on each Friday. 7 9/80 work week defined: for the purpose of computing overtime, the work week for regular employees who work the 9/80 schedule is a seven (7) day period beginning exactly four hours after the start time of the regular employee's work schedule on the day of the week the employee is scheduled to work eight (8) hours. 3.4 Alternating Day Off Designation Friday will be the only alternating day off during the week unless modified by the Department Director. Executive Staff member modifications must be approved by the City Manager. 3.5 Flexible Working Hours An employee may flex their work hours within the assigned work schedule (9/80 vs. traditional) with Department Director approval. Flexible work hours are defined as start and stop times within a day which may vary, including lunch duration, as long as it stays within their assigned work schedule and is in accordance with relevant labor laws. Section 4: Compensation Adjustments Effective July 1, 2019, all employees subject to this Management Compensation Plan shall receive a Cost of Living Adjustment equivalent to the lower of either the percentage change of the CPI for Urban and Clerical Workers for Riverside -San Bernardino -Ontario, CA for January 2019 compared to January 2018, or 3%. If the CPI comparison is negative, the Cost of Living Adjustment shall be 0%. Effective the first pay period in Fiscal Year 2022-23, the City will implement the findings of a compensation study to be completed in Spring 2022. The City shall determine the methodology used for conducting and implementing the compensation study. Comparable cities used in the compensation study shall include the following cities: Carlsbad, Escondido, Menifee, Moreno Vallev. Murrieta. Oceanside. Poway. San Marcos and Vista. Effective the first pay periods in Fiscal Year 2023-24, 2024-25 and 2025-26 Employees shall be entitled to a cost of living ad'lustment (COLA) in base salary. The COLA shall be the lesser of either the percentage change in the Annual Consumer Price Index for Urban and Clerical Workers (CPI-W) for all items in Riverside -San Bernardino -Ontario, CA for the prior calendar year as compared to the Annual CPI-W of two calendar years prior, or the percentage Change in Recurring Revenue of the City's primary operating funds (General Fund 001, Measure S Fund 002, Gas Tax 100 and the Temecula Community Services District Fund 190) of the prior fiscal year as compared to two fiscal years prior. Recurring revenue is defined as ongoing taxes (i.e. Sales Tax, Measure S Tax, Property Tax, etc.), franchise fees, charges for services, fines and forfeitures, use of money and property, program revenue, and intergovernmental revenues, and excludes any one-time revenue. Attached as Exhibit "C", is the list of recurring revenue account codes to be used in this calculation and an example of the Change in Recurring Revenue calculation. This list of account codes may be modified by the Finance Department if necessary to meet the needs of the City,...In the event the CPI-W or the Change in Recurring Revenue is below 0% for a aiven vear. the COLA for that vear will be 0%. 4.1 Longevity Compensation N. Upon completion of 10 years of City Service, employees covered by this plan will receive a one time lump sum Longevity Bonus of $350. Upon completion of 15 years of City Service, employees covered by this plan will receive a one time lump sum Longevity Bonus of $500. Upon completion of 20 years of City Service, employees covered by this plan will receive a one time lump sum Longevity Bonus of $750. Upon completion of 25 years of City Service, employees covered by this plan will receive a one time lump sum Longevity Bonus of $1,000. 4.2 Special Merit Pay In an effort to recognize and reward sustained superior performance, the City will provide a Special Merit Pay Program to eligible employees. Employees will be eligible for $500 in Special Merit Pay, on their service anniversary date, after completing five (5) years of service if they have an overall rating of "Commendable" or "Outstanding" on three out of their last five annual evaluations. The overall rating needs to be Commendable or Outstanding including + or —. Combination ratings such as Typically Meets/Commendable (T/C) will not be counted as an eligible rating. Should there be a change to the rating categories as a result of revisions to the City's Performance Evaluation format, the City agrees to discuss needed adjustments to this provision. If an employee's annual evaluation is 90 days overdue and they are eligible for Special Merit Pay, a rating of "Commendable" or "Outstanding" will be required on only two out of the employee's last four annual evaluations. The Special Merit Pay will be paid to an eligible employee as soon as practicable following the 90 day period. Executive Staff members are not eligible for Special Merit Pay as outlined in this section. 4.3 Bilingual Pay Employees, who have demonstrated the ability to translate beth written and oneLon Spanish, by passing an annual City administered test, to translate a second language (including American Sign Language), will receive $50 per pay period for bilingual compensation. Bilingual Pay shall be limited to one language per employee. This bilingual compensation is provided as an incentive to recruit and retain bilingual employees in order to ensure that the City provides quality customer service to residents. For the purpose of this policy, the City will provide bilingual compensation to a maximum of two employees in each operating department, per language where there is a business need for translation. If more than two employees are eligible, actual compensation will be awarded based on the two highest scores on the annual City administered test. Based on service level needs, the number of eligible employees can be modified by the City Manager or designee to meet the City's needs. 9 Employees shall not be paid Bilingual Pay while on end -of -service leave as defined in Section 167.4. 4.4 Notary Pay The City will provide $25-.G 50 per pay period to employees who maintain a public notary and who are designated by the City as a Public Notary. Employees shall not be paid Notary Pay while on end -of -service leave as defined in Section 167.4. 4.5 PERS Reportability The City makes no representation as to whether any of the compensation or payments in this MCP are subject to CalPERS service credit or pensionable income. Any determination by CalPERS to not fully credit the compensation and/or service time provided under this MCP is outside of the City's control. Section 5: Holiday Pay 5.1 Assigned Schedule for Holiday Pay Based upon the eligible employee's assigned schedule, they will receive holiday pay for hours worked on the applicable City observed holiday. 5.2 Pro -Rated Holiday Pay Regular part-time employees receive holiday pay on a pro -rated basis based on the employee's assigned work schedule. 5.3 Scheduled to Work a Holiday If a Confidential Non-exempt Employee is required to work on a holiday, then that employee will be paid for the actual hours of work at the rate of one and one half times that employee's regular rate of pay plus a shift differential, in accordance with Section 10. In addition, the employee will be paid holiday pay in accordance with Section 5.1 or 5.2. 5.4 Work Plan for Holiday Pay on Employee's Scheduled Day Off If a holiday occurs on an employee's scheduled day off, the employee will receive holiday pay in the amount of eight (8), nine (9), or ten (10) hour increments, as applicable, preceding the observed holiday. Alternatively, the City Manager may determine another date in which the holidav will be observed. 5.5 Floating Holiday 10 Based upon the eligible employee's assigned schedule, a floating holiday will be provided at the beginning of each fiscal year. The floating holiday hours will be pro -rated at the time of hire. When using a floating holiday, employee must use the hours in one block. The floating holiday cannot be used to make up time for being short time during a regular workday. The floating holiday needs to be treated as a regular City observed holiday. The floating holiday may not be carried over year to year and cannot be cashed out at the end of a fiscal year. Section 6: City Holidays Benefitted employees receive a total of 12 City holidays each calendar year. The City observes the following 12 fixed holidays: New Year's Day Martin Luther King, Jr. Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Friday following Thanksgiving Day d 1 z-ayChristmas Eve #gin Christmas Day %New Year's Eve °f+n Observance: holidays which fall on a Saturday will normally be observed on the preceding Friday, holidays which fall on a Sunday will normally be observed on the following Monday. The City Manager will determine the actual dates on which holidays will be observed each year. must be SGheduled ; adVaRGe, SiMiIaF tO SGhedu'!Rg her tome an eight (8), nine (9), or ten (10) hour floating holiday is provided at the beginning of each fiscal year depending on the employee's assigned work plan at the time floating holidays are issued. The floating holiday hours will be pro -rated at the time of hire. When using a floating holiday, the employee must use the hours in one block. The floating holiday cannot be used to make up time for being short time during a regular workday. The floating holiday needs to be treated as a regular City observed holiday. The floating holiday may not be carried over year to year and cannot be cashed out at the end of a fiscal year or upon separation of employment. Eligibility: regular employees who are on paid status for their entire regular work shifts immediately prior to and immediately following the holiday will be paid for the holiday. Workers' Compensation, short-term, and long-term disability payments shall be considered paid status for the purpose of eligibility. Section 7: Overtime All non-exempt employees required to perform in excess of 40 hours in a work week, as defined in Sections 3.2 and 3.3, shall receive compensation at the rate of time and one-half of the employee's regular rate of pay for hours worked in excess of 40 hours. All employees required 11 to perform in excess of 12 hours in a workday shall receive compensation at the rate of double time of the employee's regular rate of pay for those hours in excess of 12 hours. For the purposes of determining double time, a work day is defined as the 24-hour period beginning at 12:OOAM and ending at 11:59:59PM. In determining an employee's eligibility for overtime, paid and unpaid time off, as listed below, shall be excluded from the total hours worked. Also excluded are duty free lunches, travel time to and from work, and time spent conducting bona fide volunteer activities. Paid time off includes, but is not limited to, the following: A. Unscheduled Comprehensive Annual Leave B. Unscheduled Compensatory Time C. Administrative Leave D. Jury Duty E. Bereavement Leave F. Military Leave There shall be no pyramiding of overtime, except for shift differential pay. Time worked shall be computed by rounding to the nearest 15 minute increment. As defined, if less than 7 minutes are worked then time worked will be rounded down and if the employee works between 7 and 15 minutes, then time worked will be rounded up. Employees may elect to receive compensation or bank the overtime as Compensatory Time. In addition the following provisions apply. 7.1 Time Worked Time worked: for purposes of this section, hours worked include only those hours in which the employee performs services authorized by the City. Section 8: Overtime Authorization No non-exempt employee shall work overtime unless the working of overtime hours has been specifically authorized in advance, by the employee's supervisor. Violations of this section can result in disciplinary actions pursuant to the City's Disciplinary Policy. Section 9: Compensatory Time In lieu of receiving overtime pay pursuant to Section 7 (Overtime) and Section 8 (Overtime Authorization) a non-exempt employee may elect to receive compensatory time off on a time and one-half basis for each hour worked. Compensatory Time Off is considered permissive leave and subject to department approval consistent with Section 17 (Paid Leave). In addition, the following shall apply regulating the usage of compensatory time off: 9.1 Accrual No employee shall accrue more than 80 hours of Compensatory Time. 12 9.2 Time Used for Leave Compensatory Time may be used for leave subject to scheduling in accordance with Section 17 (Paid Leave) of this MCP. 9.3 Cash Out All Compensatory Time that is available to a non-exempt employee will be cashed out, at full value, and given to the employee in a pay period between November 15 and December 10. The Compensatory Time cash out will be paid out on a separate check. Under sole discretion of the City Manager, employees may carryover a maximum of 80 hours of Compensatory Time that would need to be used within 60 days. Requests to carry over Compensatory Time shall be made in writing to the Human Resources Department by November 1st Section 10: Shift Differential Pay Non-exempt employees are eligible to receive a 5% shift differential (above their appropriate rate of pay) for all hours worked on Sundays, holidays, as well as the hours worked between 10 p.m. and 6 a.m. Any overtime worked on Sundays, holidays and the hours between 10 p.m. and 6 a.m. will be based on the shift differential overtime rate. Employees are eligible to receive a 5% split shift differential (above their appropriate rate of pay) for all hours worked in a day where their regular shift is split into segments with two hours or more between segments. Section 11: Temporary Upgrade Assignment As a result of vacancies, leaves of absence or other reasons, it may be necessary to temporarily reassign all or a portion of the duties of an authorized position to another employee. When such assignments require the employee to assume si^^radditional duties, which are outside the scope of the employee's regular assignment, it is appropriate to adjust the employee's salary to reflect the interim changes. This policy allows the City to temporarily upgrade the affective employee. It is the responsibility of the Department Director to notify the Human Resources Department, in writing, to implement the temporary upgrade for any affected employee. With the approval of the City Manager, an employee may be temporarily appointed to a higher level classification to perform additional duties, on an interim basis, provided that all the following criteria are satisfied: A. The higher level position is approved by the City Manager for new or continued staffing; B. The duties of the higher level position are outside of the scope of the employee's current classification, as determined by the City Manager or designee; C. The assignment is expected to continue for at least 15 business days, but not longer than one (1) calendar year; and, D. The employee possesses the minimum qualifications or the requisite knowledge, skills and abilities to perform the work of the hiaher classification. 13 11.1 Salary If an employee is placed in a temporary upgrade assignment as a result of a vacancy or leave of absence, the salary of the employee shall be increased between 5% and 10% for the period of the temporary assignment, or to the first step in the range of the temporary classification, whichever is greater. An employee who is temporarily upgraded shall be subject to the FLSA designation (i.e., exempt vs. non-exempt) of the temporary upgrade position. Employees who are non-exempt, but assume an exempt Tom, �ry temporary fie -upgrade assignment shall accrue Administrative/Executive Leave on a pro -rated basis as consistent with the accrual assigned to the assumed Classification in the Management Compensation Plan.. Temporary Upgrades hall be For temporary upgrade assignments that are not related to a vacancy or leave of absence, the employee shall be compensated on an hour -for -hour basis for each instance where the higher classification work is assigned. Temporary upgrade work must be reported on the timesheet that corresponds with the pay period it was worked. The employee shall be compensated at a rate equivalent to a 5-10% increase, or to the first step in the range of the higher classification, whichever is greater. The employee's FLSA designation (i.e., exempt vs. non-exempt) will not change nor will the employee be eliaible for Administrative/Executive Leave. If a position is created (i.e., a classification does not already exist) for a temporary upgrade assignment, the range shall be set at the lowest range found in the Classification Level in the Classification Structure following an internal assessment justifying said placement. The difference between an employee's usual pay and temporary upgrade pay will only be reported to CalPERS as income to the extent permissible by law. Human Resources will provide copies of, and /or citations to, the applicable law(s) upon request of the employee. 11.2 Length of TemporaryUpgrade Assignment The City Manager, or designee, shall establish the effective dates of a temporary upgrade assignment. In addition, the employee assigned to perform the duties of a higher classification shall not serve for more than 180 calendar days in a higher classification unless the vacancy is ongoing due to extenuating circumstances and approved by the City Manager. In the event an employee serves in a Temperary temporary Upgradeupgrade Assignment-assignment for more than 1-year, the employee will be eligible for a review evaluating their performance in the temporary upgraded assignment. A compensation increase may be granted as a result of this review if the employee is not at the top step of the upgraded assignment salary range. Consistent with the temporary upgrade assignment, any compensation increase associated with an annual review will also expire upon completion of the temporary upgrade assignment. 14 Under no circumstances shall compensation for a temporary upgrade assignment to issued more than ninety (90) days retroactively, unless approved by the City Manager. 11.3 Temporary Upgrade Work Exclusions In an effort to assist employees in obtaining experience or training for future promotional opportunities, employees may from time -to -time volunteer to perform the duties of a higher mob classification. Such voluntary performance on the part of the employee shall not be eligible for compensation as a temporary upgrade assignment. It is understood that, from time to time, a Department Director may assign a temporary project or task to an employee which requires a higher level of responsibility, knowledge, skills, and/or abilities than is outlined in his/her current Classification Specification. It is recognized that the infrequent assigning of such project or tasks is meant to be non - habitual and does not constitute out of classification work subject to reclassification studies -process as outlined in Section 34-.229a (Reclassifications). 15 Section 12-3: Probationary Periods All appointments, excluding promotional appointments, shall be subject to a probationary period of not less than one year of employment in the position. An employee on their original probation shall receive an evaluation at three months, six months and nine months. The City can extend probation for a maximum of six months. Employees will successfully pass probation if no extension is implemented and if no evaluation is provided by the last day of the probationary period. Passing probation is also not contingent on an employee receiving a probationary evaluation on time. 123.1 Promotional and Transfer Probation Promotional and transfer probationary appointments shall be subject to a probationary period of not less than six months of employment in the position. During the probation period, the employee may be rejected at any time regardless of service without the right of a hearing or appeal. Any employee rejected during a promotional probation to which they have been promoted shall be reinstated to a position in the class from which they were promoted unless they were discharged for cause from the City. Section 143: Eligibility for Merit Increases/Performance Evaluations Each probationary or regular employee will be considered for, but is not guaranteed, a merit adjustment annually at their regular or adjusted performance evaluation date. Merit adjustments may be denied, deferred for future consideration, or granted at .5, 1, or 1.5 step intervals, at the Department Director's discretion and subject to City Manager's approval. Annual Performance Evaluation meetings will be completed within 30 days of the employee's performance evaluation due date. Regular and Promotional Probationary employees are eligible for merit adjustments at or near the completion of their one year of continuous service in their current position and annually thereafter, provided that the employee is not a Y-Rated employee, has not changed positions, or is not at the maximum rate for their salary range. Approved merit adjustments will be retro-active to the official evaluation due date. 13.4-.1 Performance Evaluations The Management --Evaluation ProgramFival tier Syste,;4 (MEP), a paperless system located in NEOGOV ® wlll be used for the employees covered by this MCP. --The MEPS will be utilized in evaluating an employee's performance, setting goals and objectives and recommending adjustments to annual compensation. The MEPS will utilize five ratings for each evaluation criteria: Outstanding, Commendable, Typically Meets, Improvement Needed, and Unsatisfactory. Newly hired Management employees will be evaluated at the completion of three, six, nine, and 12 months, and annually thereafter. 16 134.2 Overdue Evaluations Human Resources and Supervisory staff will work cooperatively to ensure the timely presentation of annual evaluations. At 60 days past the official evaluation due date, the Director of Human Resources will meet with the appropriate Department Director, of the affected employee, at which time a date will be determined to give the evaluation. If an annual evaluation becomes 90 days overdue, an automatic step increase will be given (if applicable). Section 1-54: Tuition Reimbursement When an employee is ready to enroll in classes that they would like to receive tuition reimbursement for, they must first submit a tuition reimbursement pre -approval form to their supervisor. If approved, the supervisor, in turn, would submit the pre -approval form to Human Resources for consideration. As a condition of being reimbursed, the employee agrees to continue employment with the City for one year past the date of the receipt of the reimbursement. If the employee leaves the City, the amount of the reimbursement will be due to the City. Reimbursement is limited to no more than $1,298-500 for training or educational expenses in any one fiscal year. Additional funds may be approved on appeal to the City Manager. 154.1 Required Educational or Training Courses Any educational or training course that is a requirement for continuation of employment or is an identified part of a job evaluation shall be paid for by the City. Any other educational or training course that is job related shall, if prior approval for reimbursement is given by the City Manager or a designee, be reimbursed 100% after successful completion. All college or other graded classes shall require a minimum grade of a "C" in order to receive such reimbursement. Books or other materials shall only be paid for if some defined benefit can be shown to the City (i.e. books become part of the City reference library). Once the employee has received their official course grade, they then attach appropriate receipts and proof of grades to the City's Tuition Reimbursement form, complete the employee portion, have their Supervisor/Department Director complete their portion and submit the completed packet to Human Resources. Once reviewed and approved by Human Resources, the approved packet is submitted to the Department of Finance for processing. The employee will receive their approved tuition reimbursement amount on the next payroll cycle. 14-5.2 Training Time In general, training time during working hours shall be considered part of the job. Non - mandatory training after hours shall be considered voluntary, and no additional pay, overtime or compensatory time shall be given by the City, unless advanced special written approval is granted. Study time shall be considered completely voluntary. 1-54.3 Reimbursement Although the City applauds employees for their efforts in pursuit of additional education, the City shall not pay for educational degrees or for education in general, but will only 17 reimburse employees for required or job -related classes and training. No reimbursement shall occur if an educational class does not provide a benefit to the City. The only exception to this is, the City will reimburse employees for three general education classes, as long as the classes are a part of a degree or certificate program. These three classes must be approved, in advance, as required by this policy. There is no mileage reimbursement for travel to and from educational classes. Required forms must be completed and necessary documentation (receipts and grades) must be provided, in order to receive reimbursement. Final and conclusive determinations of the reimbursement amount shall be made by the City Manager after review of the request and recommendations by the Department Director and the Director of Human Resources/Risk Management. Section 156: Employee Computer Purchase Program This program allows regular employees to borrow, at no interest, up to $2,000 to purchase a personal computer, iPad and/or similar "computer tablet" devices, and related accessories with a loan repayment plan of up to 24 months. An employee must show proof of payment (i.e. not simply proof of order), and may only have one loan outstanding under this program at any time. To qualify for the program, employees must be a regular employee, and have successfully passed their initial probationary period. This program will be administered pursuant to the City's Employee Computer Purchase Program Policy. In the event of termination of employment for any reason, the entire unpaid balance shall immediately be due and payable, without notice. Any remaining unpaid balance shall first be deducted from the final paycheck to the extent allowed by law. In the event the final paycheck is not sufficient to pay off the principal sum, then any resultant balance must be paid, in full, with other resources of the borrower. Section 16-7: Paid Leave The City recognizes that there are various reasons for an employee to be away from the workplace. The following subsections describe the types of leave that may be utilized. 167.1 Comprehensive Annual Leave Comprehensive Annual Leave (CAL) is to ensure that all employees have an adequate amount of time off each year for rest and relaxation, personal business or personal/family illness. Regular employees earn Comprehensive Annual Leave (CAL) from the date of hire. Employees who are paid for less than 80 hours in a pay period will earn Comprehensive Annual Leave credits on a pro -rated basis for that pay period. IN Employees covered by this plan will earn CAL from the date of hire by the following accrual rates: Biweekly Maximum Annual Annual Leave Accrual Rate Accumulation Increment (hours) (hours/pay (hours) period) Hire Date 177 6.808 354 2-4 Years 193 7.423 386 4-6 Years 233 8.962 466 6-8 Years 249 9.577 498 8-10 Years 265 10.192 530 10+ Years 289 11.115 578 15+ Years 289 11.115 658 Annual leave will be earned on a prorated rate each pay period. The maximum balance of unused CAL an employee may have at any one time is two times the employee's annual accrual. Employees with 15 or more years of service may accrue up to a maximum of two times the employee's annual accrual, plus 80 hours. The City Manager may grant an employee, on a case by case basis, the ability to accrue annual leave above the annual accrual limit for good cause shown. The administration of Comprehensive Annual Leave shall be pursuant to the City's Administrative Guideline. 16-7.2 CAL Donations An employee may request the use of CAL donations in extraordinary situations or if in the event of a medical hardship to the employee or an immediate family member of the employee. Refer to Section 4-716.5, Bereavement Leave, for definition of family member. A "medical hardship" is defined as a serious medical condition that would require the prolonged absence of the employee from duty and would result in a substantial loss of income to the employee because the employee would have and would be required to exhaust all of their available paid leave. Upon approval from the City Manager, or designee, the employee may use up to a maximum of 160 hours of donated CAL per fiscal year. The City reserves the right to request a physician's verification of the medical condition. In addition, the application of this section is independent of any federal or state mandated protected leave (e.g., FMLA, CFRA, PDL, etc.). Employees may donate a maximum of 16 hours each time CAL donations are requested, however full-time employees must have 120 hours remaining and part time employees must have a proration of 120 hours based on their full-time equivalent allocation on the Schedule of Authorized Positions remaining in their CAL bank after the donation. The City will pool all hours that are donated and employees, who are eligible and approved to use donated CAL hours will receive donations from the pool. 167.3 Executive and Administrative Leave All Executive Management employees covered by this MCP will be provided with a total of 80 hours of Executive Leave per fiscal year. All other Management employees 19 covered by this MCP will be provided with a total of 60 hours of Administrative Leave per fiscal year. Confidential employees are not entitled to Executive or Administrative Leave as that group is eligible to receive overtime pay. Executive and Administrative leave will be provided at the beginning of each fiscal year and must be taken during the fiscal year that it is acquired. If this leave is not taken during the year it is acquired, it will be cashed out with the CAL cash out pay period in June. The City Manager may approve up to an additional 40 hours of Executive Leave per year where the employee has provided exceptional service. Upon the recommendation of the employee's Department Director, the City Manager may approve up to an additional 40 hours of Administrative Leave per year where the employee has provided exceptional service. 167.4 CAL/Executive/Administrative Leave Time Cash Out Employees covered by this MCP may cash out up to 120 hours of CAL per fiscal year to be taken as taxable wages at the employee's regular rate of pay without consideration for any other specialty pays (e.g., temporary upgrade) or deposited into a pre- or post - tax 457 account, provided a balance of 120 CAL hours is available after the cash out. CAL may be cashed out twice a year, once near the beginning of December and once in June. The CAL cash out pay periods will be determined by the City's Finance Department. The City Manager in his/her sole discretion may allow an employee to cash out CAL time outside of the pay periods determined by the City's Finance Department if the employee is faced with a financial emergency; however, the employee is still only allowed two cash outs per fiscal year as outlined in this section. Upon separation from employment from the City, an employee shall be entitled to cash out their remaining Comprehensive Annual Leave balance at their regular, non -overtime rate of pay. An employee may run out their remaining Comprehensive Annual Leave balance in lieu of a cash out (i.e. terminal leave -end -of -service leave) if the employee provides a minimum notice of 45 calendar days before the teFM„alend-of-service leave commences. In cases with extraordinary circumstances, terminalend-of-serviceleave requested with less than 45 calendar days' notice is subject to approval by the City Manager at his/her sole discretion. In all instances, written notice of separation from employment shall: 1) include the final date of employment; 2) be final and irrevocable; and, 3) may be accepted by the employee's supervisor, manager, director, or anyone in the Human Resources Department_ Executive Leave and Administrative Leave may be cashed out twice a year to be taken as taxable wages or deposited into a pre- or post -tax 457 account, once near the beginning of December and once in June. The Executive/Administrative Leave cash out pay periods will be determined by the City's Finance Department. The City Manager in his/her sole discretion may allow an employee to cash out Executive Leave or Administrative Leave outside of the pay periods determined by the City's Finance Department if the employee is faced with a financial emergency; however, the employee is still only allowed two cash outs per fiscal year as outlined in this section. Any Executive or Administrative Leave not used during the fiscal year in which it was acquired will be cashed out and included with any CAL cash out in June of each year. 20 176.5 Bereavement Leave The City recognizes the importance of providing employees time off to mourn and take care of any details relating to the death of a member of their immediate family. Employees may receive a maximum of three five business days for bereavement of an individual who is a member of the employee's immediate family or of other similar relation as determined by the City Manager. if an employee must travel mere than 500 moles, one way, to atteRd a fURerall the employee is eligible fer five bUSiRess day bereaveMeRt leave. -Employees may also use CAL time in conjunction with bereavement leave. For the purposes of this section, immediate family (including natural, step or in-laws) shall be defined as spouse, domestic partner, mother, father, sister, brother, daughter, son, grandchild, and grandparents. Administration of Bereavement Leave shall be pursuant to the City's Administrative Guideline. 176.76 Jury Duty and Court Related Absences The City encourages employees to serve as jurors when called upon to do so. When an employee serves on jury duty or is called to testify on a case involving official City business, the employee receives full pay from the City. Employees are not required to submit any compensation received from the court for serving as a juror to the City. If an employee needs to appear in court regarding a personal situation or is summoned to report to court for a civil or criminal case that does not involve official City business then the employee is required to utilize available CAL or other types of leave. Administration of Jury Duty and Court Related Absences shall be pursuant the Administrative Guideline. 21 OF r 1 ■ MIK Section 1817: Leave of Absence under FMLA, CFRA and PDL 17.1 Statement of Policy It is the intent of the City to comply fully with the Family and Medical Leave Act of 1993 (FMLA) and the California Family Rights Act of 1995 (CFRA). Nothing in this MCP is intended to restrict employees' rights under these laws. Unless otherwise provided in this section, "Leave" under this article shall mean leave of absence, including employees' rights and obligations, pursuant to the FMLA and CFRA. Te the extent n^already previded fGF 6IRdeF GUrreRt leave PGliGies and provisions, the Gity will previ family and mediGal GaFe le-ave fe.r eligible employees as requiped by state and fed- iaw—.Further, employees shall be reasonably accommodated for any disability protected by law (e.g., Americans with Disability Act or "ADA") if the employee requests such accommodation.A deoaistrat;OR Of-;FGteGted leaves shall�;umsu Rt W the City dMinio+ro+iye Gund^lines 22 17.2 Employee Notice of Leave Although the City recognizes that emergencies arise which may require regular employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. If leave is foreseeable, at least 30 days' notice is required. In addition, if an employee knows that he/she will need leave in the future, but does not know the exact date(s) (e.g., for the birth of a child or to take care of a newborn), the employee shall inform his/her supervisor as soon as possible that such leave will be needed. Such notice may be orally given. If the City determines that an employee's notice is inadequate or the employee knew about the requested leave in advance of the request, the City may delay the granting of the leave until it can, in its discretion adequately cover the position with a substitute. For any foreseeable leave due to a qualifying exigency under the Armed Forces Reserves or National Guard, an employee must provide notice of the need for leave as soon as practicable, regardless of how far in advance such leave is foreseeable. 17.3 Employee Benefits While on Leave While on leave, employees will continue to be covered by the City of Temecula group health insurance to the same extent that coverage is provided while the employee is on the mob. Employees shall be responsible for the continuation of City of Temecula provided health care insurance premiums if on a Leave for more than the 12 weeks specified by the law. Employee contribution rates are subject to any change in rates that occurs while the employee is on leave. If an employee fails to return to work after his/her leave entitlement has been exhausted or expires, the City shall have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition of the employee or his/her family member which would entitle the employee to leave, or because of circumstances beyond the employee's control. The City shall have the right to recover premiums through deduction from any sums due to the City (e.g., unpaid wages, vacation pay, etc.). Regular employees shall retain the status of employee while on Leave. However, a Leave used in conmunction with any other FMLA leave of absences, which exceeds 24 weeks, shall result in an admustment to the employee's Comprehensive Annual Leave and salary review date. 17.4 Substitution of Paid Accrued Leaves While on leave under this policy, as set forth herein, an employee may elect to concurrently use paid accrued leaves. Similarly, the City may require an employee to concurrently use paid accrued leaves after requesting leave for medical or family care. A. Employee's Right to Use Paid Accrued Leaves Concurrently with Leave for Medical or Family Care. 23 Where an employee has earned or accrued paid CAL time, administrative leave, or compensatory time, that paid leave may be used concurrently for all or part of any (otherwise) unpaid leave under this policy. Use of CAL time does not extend the leave beyond the 12 weeks specified by law. B. City's Right to Require an Employee to Use Paid Leave When Using Leave for Medical or Family Care Employees may exhaust their accrued leaves concurrently with FMLA/CFRA leave to the same extent that employees have the right to use their accrued leaves concurrently with FMLA/CFRA leave. Employees are required to use accrued Compensatory Time as a first means of paid leave concurrently with any leave for medical or family care. 17.5 Medical Certification Regular employees who request leave for their own serious health condition or to care for an eligible family member who has a serious health condition must provide written certification from the health care provider of the individual requiring care. If the leave is requested because of the employee's own serious health condition, the certification must include a statement that the employee is unable to work at all or is unable to perform the essential functions of his/her position. Regular employees who request leave to care for an injured service member who is an eligible family member of the employee must provide written certification from a health care provider regarding the injured service member's serious injury or illness. When an employee requests leave because of a qualifying exigency under the Armed Forces Reserves or National Guard, an employer may require the employee to provide a copy of the covered military member's active duty orders or other documentation issued by the military which indicates that the covered military member is on covered active duty or call to active duty status in a foreign country, and the dates of the covered military member's active dutv service. A. Time to Provide a Certification When an employee's leave is foreseeable, and at least 30 days' notice has been provided, the employee must provide medical certification before the leave begins. When this is not possible, the employee must provide the requested certification to the City within the time frame requested by the City (which must allow at least 15 calendar days after the employer's request), unless it is not practicable under the particular circumstances to do so despite the employee's diligent, good faith efforts. B. Consequences for Failure to Provide an Adequate or Timely Certification 0 If an employee provides an incomplete medical certification the employee will be given a reasonable opportunity to cure any such deficiency. However, if an employee fails to provide a medical certification within the time frame established by this policy, the City may delay the taking of leave until the required certification is provided. C. Second and Third Medical Opinions If the City has reason to doubt the validity of a certification, the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third health care provider jointly approved by the City and the employee, but paid for by the City. The opinion of the third provider will be binding. An employee may request a copy of the health care provider's opinions when there is a recertification. D. Intermittent Leave or Leave on a Reduced Leave Schedule If an employee requests intermittent leave (a few days or hours at a time) or on a reduced leave schedule to care for an immediate family member with a serious health condition, the employee must provide medical certification that such leave is medically necessary. "Medically necessary" means there must be a medical need for the leave and that the reauested leave can best be accomplished throuah an intermittent or reduced leave schedule. 17.6 Reinstatement upon Return from Leave A. Right to Reinstatement Upon expiration of leave (no more than 12 weeks or 26 weeks for military situations), an employee is entitled to be reinstated to the classification of employment held when the leave commenced, or to an equivalent classification with equivalent employment benefits, pay, and other terms and conditions of employment. Employees have no greater rights to reinstatement, benefits and other conditions of employment than if the employee had been continuously employed during the leave period. If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon. If the reinstatement date differs from the original agreement of the employee and City the employee will be reinstated within two business days, where feasible, after the employee notifies the employer of his/her readiness to return. B. Employee's Obligation to Report Periodically on Condition Employees may be required to periodically provide an update report and intent date to return to work. This will avoid any delays to reinstatement when the employee is ready to return. 25 C. Return to Work Certification As a condition of reinstatement of an employee whose leave was due to the employee's own serious health condition, which made the employee unable to perform job duties, the employee must obtain and present a certification from their health care provider stating that the employee is able to resume work. The return to work certification must be provided to Human Resources Department prior to the employee resuming any duties. Failure to provide such certification will result in denial of reinstatement. If the health care provider imposes work restrictions on the employee, the return to work certification must list any work restrictions and the time frame for those restrictions. At the conclusion of the work restriction schedule, the employee must obtain and present a certification from the health care provider that the employee is able to resume work. Failure to provide such certification to the Human Resources Department will result in denial of reinstatement. 17.7 Required Forms Employees must fill out the following applicable forms in connection with leave under this Policy: 1. "Request for Leave of Absence Form" provided by the City. 2. Medical certification —either for the employee's own serious health condition or for the serious health condition of an eliaible familv member. 3. "Statement of Family Relationship" when leave is to care for an eligible family member. 4. Authorization for payroll deductions for benefit plan coverage continuation; and 5. Certification to return work from appropriate health care provider. 1817.18 Pregnancy Disability Leave It is the intent of the City to comply fully with the California Pregnancy Disability Leave Law. A pregnant employee shall be entitled to a leave of absence without pay for up to four months so long as the employee's attending physician certifies that she is physically unable to work due to pregnancy, childbirth or related medical condition. During said leave of absence withe t pay, the employee has the option of using CAL time to supplement any short-term disability benefits. In addition, employees who are out on Pregnancy Leave will also be,aced endesignated as protected under FMLA concurrently as applicable under these laws. Their DregnaRGy anal FMLA Leaves will FUR GeRG error tly Si Upon expiration of the approved leave,_ the employee shall be reinstated to her former leave and the eMPIE)Yee WGWIGI OthePWIE;e ROt have beeR land off. The GE)mpara �GSitiG Sone hayiRg similar terms of pay, i8•Catienrrje b Genrtent and nrmmefinnol pertunitio&.—Pprior to the employee being reinstated, the Department Director may require a statement from the attending physician that the employee is physically capable of resuming the regular duties of her position. Failure to return to work after the authorized fours month leave period causes the employee to have no reinstatement rights. An employee who plans to take such a leave should give reasonable notice of the date the leave shall commence and the estimated duration of the leave. 17.9 Bonding Leave The City shall provide paid leave to employees for the purpose of bonding with a child in connection with the birth, adoption or foster care placement of that child, equivalent to leave benefits afforded under the State's Paid Family Leave program. Employees may received up to eight weeks of bonding leave paid at the rate of 2/3 of the employee's current base salary. No other benefits shall be enhanced or reduced as a result of using this leave. Employees may use other accrued paid leave (e.g., CAL time) to supplement their pay up to 100% of their current base salary in conjunction with this leave. The eight weeks of leave need not be used consecutively: however, it is limited to the first near after the birth, adoption, or foster care placement of the child. Supporting documentation will be required. Bonding Leave may be used in combination with disability leave connected with giving birth to a child, but not until disability benefits have been exhausted. Section 18: Military Leave The City recognizes the importance of allowing employees time off to serve in the U.S. Armed Forces. This policy allows for employees to take time necessary for the defense of our Country. Military Leave shall be granted in accordance with the provisions of state and federal law. An employee requesting leave for this purpose shall provide their Department Director and Human Resources, whenever possible, with a copy of the military orders specifying the dates, site and purpose of the activity or mission. Within the limits of such orders, the Department Director may determine when the leave is to be taken and may modify the employee's work schedule to accommodate the request for leave. Upon completion of military service, the employee will be reinstated with full seniority to their former position or to a comparable position, if application for reemployment is made within 90 calendar days of release from the service or related hospitalization. An employee who is a member of the National Guard or of a reserve component of the U.S. Armed Forces shall, upon furnishing a copy of the official orders or instructions, be granted a military training leave. Training leaves will not, except in an emergency, or in the event of extenuating circumstances, exceed two (2) weeks per year, plus reasonable travel time. Upon presentation of a military pay voucher or endorsed orders, employees will receive full pay for up to 30 calendar days within one (1) fiscal year. If the leave is greater than 30 days, then the employee may utilize accrued CAL or other types of leave available to the employee. 27 Consistent with the City of Temecula City Council Resolution 90-067, the military leave has been extended, for those employee's called to active duty as follows: A. With appropriate documentation, the City will pay the difference between the City employee's salary and the employee's military pay; and, B. The difference in salary will be paid for the entire duration of active duty. Section 44189: Leaves of Absence Without Pay This provision applies to leaves which are not covered by other provisions within the MCP. Leave of Absence without Pay is to be used for the purpose of unforeseen circumstances related to FMLA, CFRA or pregnancy leaves or other situations where leave is requested by the employee. In all cases, Leaves without Pay must be approved by the City Manager or designee, and do not continue accrual of benefits. Employees should refer to Human Resources for specific details. 19.1 Benefits While on Leave without Pav Employees may be required to exhaust their Comprehensive Annual Leave prior to commencing Leave of Absence without Pay status, except as provided in the Family Care Leave Policy and Holiday Pay Policy. Employees shall not accrue Comprehensive Annual Leave time if on a Leave of Absence without Pay in excess of five (5) business days. The City will continue payment of City provided health care insurance premiums for two (2) monthly premium payment periods. Employees shall be responsible for the continuation of City provided health care insurance premiums if on Leave of Absence without Pay for more than two (2) monthly premium payment periods. 19.2 Procedure for Requesting Leave of Absence without Pay The Department Director, subject to the approval of the City Manager, may grant requests for Leave of Absence without Pay. Employees generally provide a minimum of two (2) weeks' notice, in writing, to request a Leave of Absence without Pay. Employees must give reasonable notice, to their Department Director, before return to work. The maximum leave which may be taken is six (6) months at the sole discretion of the City Manager. In extreme cases, and at City Manager's approval, the maximum leave may be extended beyond six months. W1 Employees shall retain the status of employee while on Leave of Absence without Pay. However, a Leave without Pay which exceeds 30 days shall result in an adjustment to the employee's salary and Comprehensive Annual Leave accrual review dates. 19.3 Procedure for Unforeseen Circumstances Requests for Leave of Absence without Pay may be granted, at the discretion of the City Manager, for prolonged illness or personal reasons, including disabilities not related to worker's compensation. The above procedures will apply to a requested Leave of Absence without Pay with the exception of providing a two (2) week minimum notice. Employees who request a Leave of Absence Without Pay for illness or personal reasons must provide a written notice of such leave as far in advance as possible. In addition, the City may require a doctor's certification or other official documents in order to verify legitimacy of the employee's request. Administration of Leaves of Absence Without Pay shall be pursuant the Administrative Guidelines Section 202019: Health and Wellness Benefits The City shall provide each regular employee with a Health Flex Contribution of $490-600 per month (,nereasORQ +e $600 nor men+h effective July 1, 2022. This allotment is intended to bring the City into compliance with the U.S. Patient Protection and Affordable Care Act ("ACA"). The Health Flex Contribution may only be used toward City -sponsored health, dental, and vision insurance premiums, or deposited into a health flexible spending account as permitted by IRS laws. Any unused portion of the $400 olletmen+Health Flex Contribution shall be forfeited by the employee (i.e. this is a "use it or lose it" benefit) and the forfeited funds will be used toward enhancing wellness and morale for all City employees. The City shall also provide each employee with a Cafeteria Contribution of $1,200 per month for full-time employees and pro -rated based on full-time equivalency for part-time employees. Consistent with past practice, this payment includes the CalPERS statutory minimum payment for each calendar year of this Agreement for both active employees and annuitants (retirees). The Cafeteria Contribution must be applied to all mandatory benefits as determined by the City. The first day of the month following the date of hire, an employee shall be covered under mandatory benefits as set forth in the contract between the City and the carrier(s). The employee can then apply the remainder of the Cafeteria Contribution to optional benefits provided by the City, including: health insurance premiums, dental insurance premiums, vision insurance premiums, ,additiGRal life insurance nromi„ms,and flexible spending accounts—a_P4 other supplemental ino„ronne premiums. Any unused portion of the $1,200 allotment mom rdenesiterd in+e a deferred nemnensatien onnei ,n+ er t ke- will be paid as taxable income. The City will discuss any state or federally mandated changes in benefits that occur following adoption of this MCP. The City agrees to include two MCP covered employees as part of the formal Benefit Committee that meets to discuss annual changes in any health and welfare benefit proposal for the next plan year. The benefit committee will meet prior to the start of the open enrollment period to educate employees on benefits provided during the upcoming plan year. 29 2-02019.1 Health Coverage While this MCP is in effect, the City will continue offering the CalPERS Health Plan. The City has established an Eligible Opt Out Arrangement as a condition to an emplovee receiving the Cafeteria Contribution as taxable income (i.e., cash) in lieu of enrolling in o .levee seeking to opt out of —City -sponsored me�'�lhealth insurance. The conditions that must be satisfied for the Eliaible Oat Out Arranaement are as follows: A. The employee must have minimum essential health coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California). B. All individuals in the employee's expected tax family must have (or will have) the required minimum essential health coverage. An employee's expected tax family includes all individuals for whom the employee reasonably expects to claim a personal exemption deduction for the taxableyear(s) that cover the employee's plan year to which the opt -out arrangement applies. C. The employee must provide dGG imented reasonable documentation eviden^Gof minimum essential health coverage pursuant to the ACA, which must cover both the employee and all individuals in the employee's expected tax family, if any, for the applicable period. Reasonable evidence may include an attestation by the employee. D. -Each year, during open enrollment or as otherwise required by the City, the employee must provide the City with an attestation or other reasonable documentation, subject to the City's approval confirming such alternate coverage. E. The employee must provide the attestation or reasonable documentation no earlier than a reasonable time before coverage starts (e.g., open enrollment). The attestation or reasonable documentation may also be provided within a reasonable time after the plan year starts. A-.F. According to the ACA, the City must etcannot make payment if the City knows or has reason to know that the employee or a member of the employee's expected tax family member does not have the alternative minimum essential health coverage. The City will meet with the Benefit Committee to discuss any changes in the City's Health Plan prior to open enrollment. 2420-1-9.2 Dental Coverage While this MCP is in effect, the City will continue to offer dental coverage to employees covered by the MCP. The City will meet with the Benefit Committee prior to selection of the dental plan for a respective Plan Year. 20201-9.3 Vision Coverage While this MCP is in effect, the City will continue to offer vision coverage to employees covered by the MCP. The City will meet with the Benefit Committee prior to selection of the vision care plan for a respective Plan Year. 202019.4 Disability Insurance 30 The City mandates enrollment in short-term (STD) and long-term disability insurance to employees covered by this MCP. The City will meet with the Benefit Committee prior to selection of short-term and long-term disability insurance. The STD disability insurance elimination period of 0 - 7 calendar days for accident/in-patient hospitalization; and the STD disability insurance elimination period of 7 -14 calendar days for illness and outpatient procedures shall be the basis for the available coverage. Employees should refer to Human Resources regarding specific details on short term and long term disability coverage. 2-02019.5 Flexible Spending Account While this MCP is in effect and as long as lawfully permitted, the City will continue to offer a Flexible Spending Account in accordance with applicable IRS statutes in order to provide employees the greatest possible tax benefit. Included in the Flexible Benefits Program are reimbursement accounts for eligible healthcare expenses and eligible child/dependent care expenses. 202044.6 Retiree Medical, Dental and Vision Premium Reimbursement The City will provide medical, dental and vision benefits, for eligible employees and their spouse, upon retirement from the City of Temecula, as follows: A. A. -Employee must meet all of the following criteria in order to qualify for the Retiree Medical, Dental and Vision Premium Reimbursement benefit: 1. Must have been hired on or before June 30, 2005 in a regular, authorized position; 2. m'rrr 'Must have, upon retirement, completed a minimum of 12 years of cumulative service to the City of Temecula in a regular, authorized position status; 3. must Must have retired from the City of Temecula on or after July 1, 2003 in accordance with CaIPERS standards; and, 4. must Must have been continuously employed in a regular, authorized position from July 1, 2005 until his or her retirement from the City of Temecula. Part-time, regular, benefited employees shall also be eligible provided that total service in Temecula, as defined by CalPERS, meets the required minimum for this benefit and if they meet the other criteria set forth in this article. If a retired Temecula employee reinstates to a regular benefited position with any GalifeFRi 9 PERSCaIPERS Agency, including the City of Temecula, this benefit will be discontinued and will not be reinstated. This benefit will discontinue upon the death of the retired City employee. B. Retirement from the City of Temecula shall be defined as a CaIPERS service or industrial disability retirement, and employee must be eligible for such retirement at 31 the time of or within 120 days of separation from City service. -The date of eligibility shall be the employee's official CalPERS retirement date. C. Q—Employees who have retired prior to the effective date of this MCP will be eligible for this benefit in accordance with the terms of the agreement at time of retirement. D. 9—Eligible City of Temecula employees (as defined above), who retire during the term of this MCP will be eligible for a reimbursement, for monthly premiums (not including co -payments, prescriptions, and other non -premium expenses) purchased and paid for by them, of -up to the current monthly cafeteria plan allotment, for continued medical, dental and vision coverage as provided for in sections 20.1, 20.2 and 20.3 of this MCP. This payment will begin within 30 days of the employees' CalPERS retirement, and upon written notice from the employee and verification of current premium payment amounts and will continue through the term of this agreement. E. The amount of the actual fit -reimbursement will be based on proof of continued medical, dental or vision insurance and verification of the premium payment an4eu4#for employee and spouse coverage. The maximum reimbursement is inclusive of any required employer contributions. Be advised - the CalPERS medical premium on a PERS retiree's check is the premium amount AFTER the City of Temecula's mandatory employer contribution has been deducted. -Therefore, the net amount reimbursed will be the monthly premium less based OR the mandatory employer contribution rate, as established by CalPERS annually, that is ded Gted In adtiOn,e the maximum omti,nd of paymeRd per-vviii--frn-r de aRY rnaR datery meth -Gal p aymeRtG made by the Gity. If employee moves from the CalPERS service area, and coverage under the City's provided medical, dental, and/or vision plans is not available, emcee the retiree may request that an alternate medical, dental, and/or vision plans be approved by the City, if allowed by law. Coverage is limited to emleyee,and of applicable, torso The medical, dental, and/or vision insurance benefits will continue for eligible empleyeesretirees and their spouse, even after the empleyee g alifiooqualifying for Medicare coverage. Medicare supplemental coverage and related premiums will be set in accordance with CalPERS benefit standards. When a retiree transitions to a CalPERS Supplement/Management Medicare or Combination medical plan, the City will automatically reimburse the standard Part B premium, not to exceed the maximum monthly allotment. Proof of coverage and premium payment will be required for retirees not enrolled in CalPERS medical, or for Medicare premiums exceeding the standard Part B premium. The existing Dental dental and Vision vision benefit plans only allow continuation of coverage for retirees for 18 months; after retirement. Following this time period, it is the retiree's responsibility to enroll in dental and vision coverage of their choice. In order to receive reimbursement (not to exceed the monthly allotment), the retiree needs to submit proof of coverage annually to the City's DireGtGF of Human Resources Department. 32 F. For all coverages, excluding CalPERS medical, `"'hiGh are outside the PERS merdiGal plan Se, Ee area, eligible retired emple.yeesretirees, or their authorized legal representative, must submit, to the City's Human Resources Department, proof of coverage and the premium payment amount for the upcoming year. The timeframe for submissions will be determined by Human Resources and a schedule of the reimbursement dates, including deadlines for submitting changes will be established and distributed annually. within 30 days of the rst payment. If proof of coverage is not received w0thin said 30 daysthe identified timeframe, paymeRts reimbursements will not be made until the proof of coverage is received for that year. Qet�Gti�y��mTentJ Will net he monde if the employee fails to submit this �ermotien OR o timely basis. It is the responsibility o''f�� the Fetirerd empleyeeretiree to notify the DiFeGtOF of Human Resources Department of any changes in premium amounts or change in status. Retroactive payments will not be made if the employee fails to submit this information on a timely basis. Section 21: Life Insurance The first day of the month following the date of hire, and upon proper application and acceptance by the insurance carrier, an employee will be covered under a group life insurance plan for the amount of $50,000, with the premium being deducted from the employee's City cafeteria plan allotment amount. For employees covered by this MCP, an additional $100,000 of group life insurance coverage will also be provided with the additional cost for said coverage being paid for by the City of Temecula. Dependent Life Insurance and Voluntary Life Insurance is available to employees requesting additional coverage. This coverage is available outside of the City's Section 125 Cafeteria Plan and is purchased directly by the employee with no cost to the City. Section 22: Retirement The City has established a multi -tiered retirement benefit. Employees who are not eligible to participate in PERS will be able to participate in an alternate City approved retirement plan, as allowable by law. The City's contribution to an alternate retirement plan would be limited to the same cost as provided by the City to PERS. Tier 3 Pursuant to the Public Employment Pension Reform Act of 2013, (also known as "PEPRA", Assembly Bill 340), those who first become employed by the City on or after January 1, 2013, and who are "new members" as that term is defined in PEPRA, shall be subject to a third tier Public Employees Retirement System (PERS) formula of 2% @ age 62, and a benefit based on the highest 36 months of employment. New members shall pay their entire PERS member contribution by payroll deduction at a rate set by PERS at 50% of normal cost as that term is defined in PEPRA. New members shall also be subject to all other applicable provisions of PEPRA. This retirement formula shall be known as Tier 3. Tier 2 33 The City's second tier PERS retirement formula of 2% @ age 60 applies to employees hired on or after September 24, 2011, and up to and concluding December 31, 2012, as allowable by law. Tier two also applies to those hired at any time after September 24, 2011, who had prior membership in PERS or in another retirement system that has reciprocity with PERS, as determined by CalPERS. Highlights include the following: • A three-year final compensation • Annual 2% COLA • Post -Retirement Survivor Allowance • Fourth Level of 1959 Survivor's Benefit • Military Service Credit as Public Service Tier 1 The City's first tier PERS retirement formula of 2.7% @ age 55 applies to employees hired prior to September 24, 2011 as allowable by law. Highlights include the following: • One-year final compensation • Annual 2% COLA • Post -Retirement Survivor Allowance • Fourth Level of 1959 Survivor's Benefit • Military Service Credit as Public Service. For retirement tiers 1 and 2, employees shall pay 3% of the PERS employer contribution. The City shall pay the Member Contribution (EPMC), required by the Public Employee's Retirement System to maintain the current level of benefits for employees covered by this MCP. Employees covered by this MCP will be eligible for the City reporting the value of the Employer Paid Member Contribution as Special Compensation to PERS. The City will pay the cost of this Special Compensation benefit, the "PERS on PERS" cost. This provision shall not be effective unless and until the City completes all applicable approvals and process required by law. Regular City employees are not covered under Social Security (Medicare only). Survivor Benefits: The City of Temecula's PERS 1959 Survivor Benefit coverage (Government Code section 21574) is a higher level of cash benefit paid to survivors of an employee who dies prior to retirement. The City provides Level 4 of PERS' Survivor Benefit. Section 23: Deferred Compensation The City will provide for a Deferred Compensation Plan which may be utilized by any employee on an optional basis. The City reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of any plan. Such plan shall be implemented without cost to the City. Section 24: Alcohol and Drug PolicX It is the policy of the City to have a work environment free from the effects of drugs and alcohol. To accomplish this objective, employees covered by this MCP agree to abide by the City of Temecula Alcohol and Drug Policy while this MCP is in effect. 011 Section 25: Uniform Allowance and Boot Reimbursement Employees covered by this MCP that are responsible for field operations and that are routinely working in the field are eligible for an annual clothing allowance of $1-25150. This allowance is intended to cover the cost of replacing clothes subject to abnormal wear and tear due to field hazards. In the event an employee covered by this MCP is required to wear safety boots or shoes the employee will be eligible for an annual boot allowance of $175. Section 26: Reasonable Accommodation of Emnlovees with Disabilities Because the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA) requires reasonable accommodations for individuals protected under the Act(s), and because these reasonable accommodations must be determined on an individual case -by -case basis, the provisions of this MCP may be disregarded in order for the City to avoid discrimination relative to hiring, promotions, granting permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leave, fringe benefits, training opportunities, hours of work, or other terms and privileges of employment. The City has the legal obligation to meet with the individual employee to be reasonably accommodated before any adjustment is made in working conditions. Any reasonable accommodation provided to an individual protected by the Act(s) shall not establish a past practice, nor shall it be cited or used as evidence of a past practice. Section 27: Discipline It is the City's belief that rules of conduct are most effective when they are written and communicated to employees and supervisors, consistently enforced, and the difference between major and minor forms of misconduct recognized. The City's goal is to administer discipline on an equitable and corrective basis. Effective discipline reinforces training by identifying rules and their reasons, correcting misconduct or improving job performance, serving as a deterrent through enforcement, and penalizing in relation to the severity of the offense and the employee's past record. All Disciplinary actions shall be pursuant to the City's Discipline Policy. Section 28: Classifications Covered under this Plan All authorized positions not represented by the Teamsters 911 are eligible for the benefits outlined in this MCP unless otherwise specified. 35 Section 29: Reclassifications 298.1 Reclassification Studies If any employee covered by this MCP believes they are working out of classification, he/she is entitled to request a reclassification study to be conducted by the Human Resources Department. This request must be made by October 1st so the process can be completed in time for the mid -near budget or annual budget as determined by the City. Only employees whose work has fundamentally changed due to a department reorganization, changes to staffing levels, introduction of new programs or services, and/or re -allocations of work and internal reporting relationships may be considered for reclassification. 298.2 Reclassification Request Process Employees must make a request for a reclassification study in writing to the Human Resources Department to initiate the process. The employee will then be required to complete a Position Description Questionnaire (PDQ). If the PDQ demonstrates that the employee's work has fundamentally changed due to a department reorganization, changes to staffing levels, introduction of new programs or services, and/or re- allocations of work and internal reporting relationships, then the employee will be referred to an independent consultant who can objectively complete the reclassification study. The independent consultant shall determine the methodology used to conduct the reclassification study. The results of the study will be shared with the subject employee by May 1st of the following calendar year, and the results are not appealable. 29.13 Reclassification Implementation Employees shall be placed into his/her new position's salary range at the salary step in the range closest to his/her current salary without going under, or to the first step in the range of the reclassification, whichever is greater. Employees whose current salary range is higher than their recommended classification's salary range shall retain their current salary range as a "y-rated" salary range. Y-rated salary ranges are not subject to cost of living increases; however, if the unmodified salary range for an employee's classification exceeds that of their y-rated classification's salary range due to a cost of living increase, the employee shall be placed in their classification's unmodified salary range at the salary step in the range closest to his/her current salary without going under. Employees shall not serve a probationary period as a result of being reclassified, and shall retain his/her performance evaluation date and merit increase eligibility prior to being reclassified. 0 33 Tho H*4et -oF 5outhern Cblif xnia Wine Country City of Temecula City Council Compensation Plan Effective July 1, 20212022 Table of Contents Section 1: Introduction..................................................................................................2 Section 2: Health and Wellness Benefits..................................................................... 2 2.1 Health Coverage..................................................................................................... 2 2.2 Dental Coverage....................................................................................................32- 2.3 Vision Coverage...................................................................................................... 3 2.5 Flexible Spending Account...................................................................................... 3 2.6 Retiree Medical, Dental and Vision Premium Reimbursement ................................. 3 Section 3: Life Insurance.............................................................................................54 Section 4: Retirement..................................................................................................65 Section 5: Deferred Compensation............................................................................ 76 Section 6: Automobile Allowance..............................................................................76 Section 1: Introduction This City Council Compensation Plan (CCP) will govern the compensation and schedule of benefits for the City Council of the City of Temecula (City). As authorized by the provisions of Government Code Sections 53200 to 53299 and 36516 and other applicable law, Members of the City Council will receive certain retirement, health and welfare benefits as specifically designated in this CCP, and in the City of Temecula Fair Political Practices Commission Form 806. Section 2: Health and Wellness Benefits The City shall provide each City Council Member with a Health Flex Contribution of $409-600 per month effective July 1, 2022. This allotment is intended to bring the City into compliance with the U.S. Patient Protection and Affordable Care Act ("ACA"). The Health Flex Contribution may only be used toward City -sponsored health, dental, and vision insurance premiums, or deposited into a health flexible spending account as permitted by IRS laws. Any unused portion of the $400 alletmon+Health Flex Contribution shall be forfeited by the City Council Member (i.e. this is a "use it or lose it" benefit) and the forfeited funds will be used toward enhancing wellness and morale for all City employees. The City shall also provide each City Council Member with a Cafeteria Contribution of $1,200 per month. Consistent with past practice, this payment includes the PERS statutory minimum payment for each calendar year of this Agreement for both active City Council Members and annuitants (retirees). The Cafeteria Contribution must be applied to all mandatory benefits as determined by the City. The first day of the month following the date of hire, a City Council Member shall be covered under mandatory benefits as set forth in the contract between the City and the carrier(s). The City Council Member can then apply the remainder of the Cafeteria Contribution to optional benefits provided by the City, including: health insurance premiums, dental insurance premiums, vision insurance premiums, additional lifo in „r ,n,.^ premiums and flexible spending accounts,, ^�other supplemental ins iranGe nromii imc. Any unused portion of the $1,200 allotment may be deposited in+^ ^ deferred rgmn^nc^+i^n aGGeYn+will be paid as taxable income. 2.1 Health Coverage While this CCP is in effect, the City will continue offering the CaIPERS Health Plan. The City has established an Eligible Opt Out Arrangement as a condition to a City Council Member receiving the Cafeteria Contribution as taxable income (i.e., cash) in lieu of enrolling in ^ Gity GOURnil Member cooking to ept eut of City -sponsored, �'�lhealth insurance. The conditions that must be satisfied for the Eligible Opt Out Arrangement are as follows: A. The City Council Member must have minimum essential health coverage through another source (other than coverage in the individual marker, whether or not obtained through Covered California). B. All individuals in the City Council Member's expected tax family must have (or will have) the required minimum essential health coverage. A City Council Member's expected tax family includes all individuals for whom the City Council Member reasonably expects to claim a personal exemption deduction for the taxable year(s) that cover the City Council Member's plan year to which the opt -out arrangement applies. C. The City Council Member must provide decUR;eRted—evideTeereasonable documentation of minimum essential health coverage pursuant to the ACA, which must cover both the City Council Member and all individuals in the ernpleyee s Ciitt r Council Member's expected tax family, if any, for the applicable period. Reasonable evidence may include an attestation by the City Council Member. D. Each year, during open enrollment or as otherwise required by the City, the City Council Member must provide the City with an attestation or other reasonable documentation, subject to the City's approval confirming such alternate coverage. E. The City Council Member must provide the attestation or reasonable documentation no earlier than a reasonable time before coverage starts (e.g., open enrollment). The attestation or reasonable documentation may also be provided within a reasonable time after the plan year starts. F. -According to the ACA, the City must cannot make payment if the City knows or has reason to know that the City Council Member or a member of the City Council Member's expected tax family allow the Gity G.,,,n..iI Member to ept n„+ Of snr�nsered mediGaI ins uran�f the �" kReWc that the Gity COURril Member or apvrr.�vr �-rr T r-mvararr y--rcrry war -mum vr�y--vvcrrrcn-� vTcn�ucr-vr family memhor does not have the alternative minimum essential health coverage. 2.2 Dental Coverage While this CCP is in effect, the City will continue to offer dental coverage to City Council Member covered by the CCP. 2.3 Vision Coverage While this CCP is in effect, the City will continue to offer vision coverage to City Council Member covered by the CCP. 2.5 Flexible Spending Account While this CCP is in effect and as long as lawfully permitted, the City will continue to offer a Flexible Spending Account in accordance with applicable IRS statutes in order to provide City Council Member the greatest possible tax benefit. Included in the Flexible Spending Account are reimbursement accounts for eligible healthcare expenses and eligible child/dependent care expenses. 2.6 Retiree Medical, Dental and Vision Premium Reimbursement The City will provide medical, dental and vision benefits, for eligible City Council Members and their spouse, upon retirement from the City of Temecula, as follows: A. The City Council Member must meet all of the following criteria in order to qualify for the Retiree Medical, Dental and Vision Premium Reimbursement benefit: 1. Must have been hired on or before June 30, 2005 in a regular, authorized position; 3 2. must Must have, upon retirement, completed a minimum of 12 years of cumulative service to the City of Temecula in a regular, authorized position status; 3. must Must have retired from the City of Temecula on or after July 1, 2003 in accordance with CalPERS standards; and, 4. must Must have been continuously employed in a regular, authorized position from July 1, 2005 until his or her retirement from the City of Temecula If a retired City Council Member reinstates to a regular benefited position with any California CalPERS Agency, including the City of Temecula, this benefit will be discontinued and will not be reinstated. This benefit will discontinue upon the death of the retired Citv Council Member. B. Retirement from the City of Temecula shall be defined as a CalPERS service or industrial disability retirement, and employee must be eligible for such retirement at the time of or within 120 days of separation from City service. The date of eligibility shall be the City Council Member's official CalPERS retirement date. C. City Council Members who have retired prior to the effective date of this CPP will be eligible for this benefit in accordance with the terms of the agreement at time of retirement. D. Eligible City Council Members (as defined above), who retire during the term of this CPP will be eligible for a reimbursement; for monthly premiums (not including co - payments, prescriptions, and other non -premium expenses) purchased and paid for by them, of -up to the current monthly cafeteria plan allotment, for continued medical, dental and vision coverage as provided for in sections 2.1, 2.2 and 2.3 of this CPP. This payment will begin within 30 days of the City Council Member's CalPERS retirement, and upon written notice from the employee and verification of current premium payment amounts and will continue through the term of this agreement. E. The amount of the actual payrn reimbursement will be based on proof of continued medical, dental or vision insurance and verification of the premium payment arneun for employee and spouse coverage. The maximum reimbursement is inclusive of any required employer contributions. -Be advised - the CalPERS medical premium on a PERS-retiree's check is the premium amount AFTER the City of Temecula's mandatory employer contribution has been deducted. -Therefore, the net amount reimbursed will be the monthly premium less wed on the mandatory employer contribution rate, as established by CalPERS annually, that is doduGted in addition, made by the Gity. If the retired City Council Member moves from a CalPERS service area, and coverage under the City provided medical, dental, and/or vision plans is not available, the retired City Council Member may request that an alternate medical, dental, and/or vision plans be approved by the City, if allowed by law. lj Coverage is limited to the retired Gity COURGOI Member, and of appliGable, to spouse. The medical, dental, and/or vision insurance benefits will continue for eligible retired City Council Members and their spouse, even after the he/she qualifiesqualifying for Medicare coverage. -Medicare supplemental coverage and related premiums will be set in accordance with CaIPERS benefit standards. When a retired City Council Member transitions to a CalPERS Supplement/Managed Medicare or Combination medical plan, the City will automatically reimburse the standard Part B premium, not to exceed the maximum monthly allotment. Proof of coverage and premium payment will be required for retirees not enrolled in CalPERS medical, or for Medicare premiums exceeding the standard Part B premium. The existing DeRtaldental and ViSOGR vision benefit plans only allow continuation of coverage for retirees for 18 months; after retirement. Following this time period, it is the retiree's responsibility to enroll in dental and vision coverage of their choice. In order to receive reimbursement (not to exceed the monthly allotment), the retiree needs to submit proof of coverage annually to the City's DaFeGtGF o Human Resources Department. F. For all coverages, excluding CalPERS medical, Whinh ore eutsiide the PERS Rqe dinal nl, R SeFV+cGaFea, eligible retired e"�eeeCity Council Members, or their authorized legal representative, must submit, to the City's Human Resources Department, proof of coverage and the premium payment a►4eue�for the upcoming year. The timeframe for submissions will be determined by Human Resources and a schedule of the reimbursement dates including deadlines for submitting changes will be established and distributed annually. within 3n .days of +ho firs+ no.,mon+. -If proof of coverage is not received within said 30 daysLhe identified timeframe, payme-1 will not be made until the proof of coverage is received for that year. RetroaGtipayments will not be made Of the employee �Ic to submit this �-payri�crrc��vm--r-rv�v�r-r-�ucr� crrrpv�c� r��aAmrr-c�Tv �ermotien on a timelyis. It is the responsibility of the retired employee to notify the Dire�eHuman Resources Department of any changes in premium amounts or change in status. Retroactive payments will not be made if the employee fails to submit this information on a timelv basis. Section 3: Life Insurance The first day of the month following the date of hire, and upon proper application and acceptance by the insurance carrier, a City Council Member will be covered under a group life insurance plan for the amount of $50,000, with the premium being deducted from the employee's City cafeteria plan allotment amount. For City Council Members covered by this CCP, an additional $100,000 of group life insurance coverage will also be provided with the additional cost for said coverage being paid for by the City of Temecula. Dependent Life Insurance and Voluntary Life Insurance is available to City Council Members requesting additional coverage. This coverage is available outside of the City's Section 125 Cafeteria Plan and is purchased directly by the City Council Member with no cost to the City. 5 Section 4: Retirement The City has established a multi -tiered retirement benefit. City Council Members who are not eligible to participate in PERS will be able to participate in an alternate City approved retirement plan, as allowable by law. The City's contribution to an alternate retirement plan would be limited to the same cost as provided by the City to PERS. Tier 3 Pursuant to the Public Employment Pension Reform Act of 2013, (also known as "PEPRA", Assembly Bill 340), those who first become City Council Members of the City on or after January 1, 2013, and who are "new members" as that term is defined in PEPRA, shall be subject to a third tier Public Employees Retirement System (PERS) formula of 2% @ age 62, and a benefit based on the highest 36 months of employment. New members shall pay their entire PERS member contribution by payroll deduction at a rate set by PERS at 50% of normal cost as that term is defined in PEPRA. New members shall also be subject to all other applicable provisions of PEPRA. This retirement formula shall be known as Tier 3. Tier 2 The City's second tier PERS retirement formula of 2% @ age 60 applies to City Council Members hired on or after September 24, 2011, and up to and concluding December 31, 2012, as allowable by law. Tier two also applies to those hired at any time after September 24, 2011, who had prior membership in PERS or in another retirement system that has reciprocity with PERS, as determined by CalPERS. Highlights include the following: • A three-year final compensation • Annual 2% COLA • Post -Retirement Survivor Allowance • Fourth Level of 1959 Survivor's Benefit • Military Service Credit as Public Service Tier 1 The City's first tier PERS retirement formula of 2.7% @ age 55 applies to City Council Members hired prior to September 24, 2011 as allowable by law. Highlights include the following: • One-year final compensation • Annual 2% COLA • Post -Retirement Survivor Allowance • Fourth Level of 1959 Survivor's Benefit • Military Service Credit as Public Service. For retirement tiers 1 and 2, City Council Members shall pay 3% of the PERS employer contribution. The City shall pay the Member Contribution (EPMC), required by the Public Employee's Retirement System to maintain the current level of benefits for City Council Members covered by this CCP. City Council Members are not covered under Social Security (Medicare only). A Survivor Benefits: The City of Temecula's PIERS 1959 Survivor Benefit coverage (Government Code section 21574) is a higher level of cash benefit paid to survivors of an employee who dies prior to retirement. The City provides Level 4 of PIERS' Survivor Benefit. CalPERS Reportability: The City makes no representation as to whether any of the compensation or payments in this CCP are subject to CalPERS service credit or pensionable income. Any determination by CalPERS to not fully credit the compensation and/or service time provided under this CCP is outside of the City's control. Section 5: Deferred Compensation The City will provide for a Deferred Compensation Plan which may be utilized by any City Council Member on an optional basis. Such plan shall be implemented without cost to the City. Section 6: Automobile Allowance City Council Members will receive a monthly automobile allowance in lieu of mileage reimbursement. The monthly dollar amount will be set at $400/month as outlined in the annual operating budget. 7 AT -WILL EMPLOYMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND ELIZABETH G. LOWREY This employment agreement ("Agreement") is entered into by the City of Temecula ("City") and Elizabeth G. Lowrey, Assistant to the City Manager ("Employee"). In addition to the terms and conditions of this Agreement, employee is a participant in the City's Management Compensation Plan and entitled to the benefits provided therewith. Recitals City desires to employ Employee as an at -will employee in the position of Assistant to the City Manager. Employee desires to be the Assistant to the City Manager and acknowledges that such employment is at -will. Employee shall be subject to lawful termination from employment without the City stating, showing, or proving that any cause or reason exists and/or is the basis for the City Manager's determination to terminate employee. Accordingly, employee shall not be provided with any basis or forum by which to challenge any determination by the City Manager that employee be terminated. Inasmuch as employee serves at the will of the City Manager, there is no term of this Agreement, and it shall remain in force and effect unless or until terminated as provided for herein. The City Manager, pursuant to the authority granted by the City of Temecula Municipal Code and City Council, agrees to hire Employee, as an at -will employee, subject to the terms and conditions identified below. AGREEMENT Section 1: TERM The effective date of this Agreement shall be July 1, 2022. The City and Employee each retain the option of terminating the employment relationship between them at any time regardless of cause or reason. Section 2: DUTIES A. City engages Employee as the Assistant to the City Manager to perform the functions and duties specified in the Classification Specification for the position (Attachment "A", incorporated herein by this reference), as the same may be modified by the City Manager, and to perform such other legally permissible and proper duties and functions as the City Manager shall assign. B. Employee agrees that to the best of his/her ability and experience that he/she will at all times conscientiously perform the duties and obligations required, either express or implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the City of Temecula and the laws and regulations of the State of California and the United States. C. As a public employee, Employee is required to work a full and complete work week pursuant to the established work schedule as determined by the City Manager, and devote whatever time is necessary to fulfill the employment responsibilities and duties as identified in this Agreement. Employee is generally exempt from Fair Labor Standards Act (FLSA) overtime requirements. This exemption is based upon the fact that all executive management employees have passed the salary and duty tests required for this exemption. Section 3: EXCLUSIVE EMPLOYMENT Employee agrees to focus his/her professional time, ability and attention to City business during the term of this Agreement. Consequently, Employee agrees not to engage in any other business pursuits, whatsoever, directly or indirectly, render any services of a business, commercial, or professional nature to any other person or organization, for compensation, without the prior written consent of the City Manager. This does not preclude Employee from volunteering his/her services to other entities or individuals as long as such volunteer services are not in conflict with the services to be provided by Employee under this Agreement. Section 4: COMPENSATION As compensation for the services to be rendered by Employee, City agrees to pay Employee a base starting salary of no less than $148,096, per year, payable in twenty-six (26) biweekly installments at the same time as other employees of the City are paid and subject to customary withholding. Salary adjustments (merit increases), if any, in Employee's salary during the term of this Agreement shall be at the sole discretion of the City Manager based upon the City Manager's evaluation of Employee's job performance and within the base salary range established by the City Council or as otherwise approved by the City Council. Any and all adjustments shall be in accordance with City personnel policies and procedures. Employee's salary shall be reflected in the City's publicly available salary schedule. Section 5: BENEFITS A. Retirement As an employee of the City of Temecula, Employee will be enrolled in the California Public Employees Retirement System (PERS) retirement plan, as such plan may be amended by the City Council. As of the date of this employment agreement, such plan includes the 2.7% @ 55 and 2.0% @ 60 benefit formulas for "classic" miscellaneous employees depending on their hire date, or the 2.0% at 62 benefit formula for "new" miscellaneous employees. B. Automobile Allowance Employee shall receive a monthly automobile allowance in lieu of mileage reimbursement. This allowance will only be provided when Employee is actively at work and not out on extended FMLA/CFRA Leave. The monthly dollar amount will be set at $400 per month as outlined in the annual operating budget. C. Retention Benefit If the City's General Fund Reserves are fully funded at the then -established standards of the City Council, the City's Retention Benefit outlined in this section may be offered to Employee at the discretion of the City Manager. After completing five years of executive service with the City of Temecula, and if Employee -2- has achieved the highest possible overall performance rating on three out of their last five annual performance evaluations, he/she shall be eligible to receive an amount equal to the then maximum normal contribution limit to an Internal Revenue Code Section 457(b) Deferred Compensation Plan (i.e., $20,500 in 2022). This amount shall be paid as income in twenty-six (26) biweekly installments at the same time as Employee is typically paid, and subject to customary withholding. Employee may elect to place these funds in a City -sponsored Internal Revenue Code Section 457(b) Deferred Compensation Plan as allowable by law. If Employee should separate from employment with the City of Temecula prior to the full distribution of an earned Retention Benefit, Employee shall be paid for all earned Retention Benefit disbursements not yet received. D. Other Executive Management benefits Unless otherwise specified, Employee shall receive all benefits specified by the then current Management Compensation Plan of the City Council of Temecula for Management Staff, including, without limitation, those related to Comprehensive Annual Leave, Executive Leave, Holidays, Health, Dental, and Vision Insurance, Life Insurance, Flexible Benefits Plans, Deferred Compensation, and other types of leave in accordance with other policies established by the City. Section 6: TERMINATION AND SEVERANCE PAY A. Employee is an at -will employee and serves at the will and pleasure of the City Manager. The City and employee each retain the option of terminating the employment relationship between them at any time regardless of cause or reason. B. If Employee is requested to resign or is terminated, he/she shall be provided severance compensation in the form of his monthly base salary for a period of six months after the effective date of his termination. Said monies shall be paid on regular City pay dates in installments during each payroll period in amounts equal to that which employee would have received for base salary and all benefits including retirement, cafeteria allotments/health and welfare coverages and any other benefits except leave accruals and automobile allowance payments. In addition, employee can request, at any time during the payout period, to receive a lump sum for any remaining balances due under this agreement. This action would conclude the City's obligation. The employee shall not receive any compensation as provided for herein in the event that he is terminated for good and sufficient cause. C. Notwithstanding paragraphs A and B, above, if Employee resigns or retires, or is terminated for cause, Employee shall be terminated forthwith on receiving notice and shall only receive payment for services rendered up to the time of notice plus any accrued and unused Comprehensive Annual Leave and Executive Leave, and the City shall have no obligation to pay any severance provided in this section. Furthermore, Employee agrees that any severance provided shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his office or position. D. Upon termination, Employee shall be paid for all earned, but unused, Comprehensive Annual Leave and Executive Leave. -3- Section 7: EXECUTIVE COMPENSATION LIMITATIONS If Employee is on Paid Administrative Leave during a pending investigation, any salary provided for that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position. If Employee is provided funds for any legal criminal defense during his employment with the City, any funds provided for that purpose shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his office or position. If this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position. The City makes no representation or guarantee as to whether any of the compensation or payments in this Agreement shall be subject to CalPERS service credit or pensionable income. Any determination by CalPERS to not fully credit the compensation and/or service time provided under this Agreement is outside of the City's control. Employee takes full risk as to CalPERS action and agrees he/she shall have no recourse against City due to any decision or action on this matter by CalPERS. Section 8: RESIGNATION / RETIREMENT Employee may resign at any time. Employee may retire, provided he/she is eligible for retirement, at any time. Section 9: DISABILITY If Employee is permanently disabled or otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of thirty (30) calendar days beyond any earned sick leave, City shall have the option to terminate this Agreement; however, the City's option to terminate under this Section shall be limited by its obligation to engage in the interactive process for reasonable accommodations and to provide reasonable accommodations as required by law. Nothing in this Section shall be construed to limit or restrict Employee's benefits or rights under workers' compensation or the Public Employees Retirement System ("PERS"). However, an employee terminated under this section shall not be eligible for severance pay, as delineated in Section 6 of this Agreement. In cases of disability as described in this section, Employee shall be compensated for any earned, but unused, Comprehensive Annual Leave and Executive Leave. Section 10: GENERAL PROVISIONS A. Notice Any notices required by this Agreement shall be in writing and either delivered in person or by first class, certified, return receipt requested US Mail with postage prepaid. Such notice shall be addressed as follows: -4- TO CITY: City Manager City of Temecula 41000 Main Street Temecula, CA 92590 TO EMPLOYEE: Elizabeth G. Lowrey Most recent address on file in Human Resources. B. Entire Agreement The text of this Agreement shall constitute the entire and exclusive agreement between the parties. All prior oral or written communications understanding or agreements between the parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or modification to this Agreement may be made except by a written agreement signed by the Employee and the City Manager and approved as to form by the City Attorney. C. Assignment This Agreement is not assignable by either the City or Employee. This Agreement shall not be construed against any one party but shall be construed as if jointly prepared by employee and City. Any uncertainty or ambiguity shall not be construed against any one party. D. Severability In the event of any inconsistencies between the rules, policies and regulations of the City, this Agreement shall govern. In the event that any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portions of this Agreement. E. Effect of Waiver The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times. F. Jurisdiction Any dispute between the parties shall be submitted to final and binding arbitration pursuant to the rules of the American Arbitration Association (AAA). Any dispute between the parties shall be submitted to final and binding arbitration pursuant to the rules of the American Arbitration Association (AAA.) The arbitration shall be conducted by a single arbitrator chosen pursuant to AAA rules and shall be conducted pursuant to the AAA rules and the California Arbitration Act. The arbitrator shall have the authority to allow discovery, including depositions, shall render a decision in writing that fully explains the decision, and may award the same categories of relief which may be awarded by a California Superior Court jury or judge. Both parties shall be empowered to present evidence, both oral and documentary, to cross examine adverse witnesses, and to present argument, both written and oral. Each party shall bear their own -5- attorney's fees and arbitration costs including witness fees, subpoena fees, and other charges incurred at the discretion of the Employee and the Employee's counsel. The City shall bear the full costs of the arbitrator and all other expenses unique to the arbitration process. The arbitrator may award attorney's fees to the prevailing party if such an award could be made in a California Superior Court. This arbitration provision shall apply to all claims for which arbitration is legally applicable in contract, tort or statute including but not limited to the California Fair Employment and Housing Act, Title VII of the U.S. Civil Rights Act of 1964 as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and all other statutes and regulations applicable to the employment relationship. G. Effective Date This Agreement shall take effect on July 1, 2022. [Signatures Begin on Next Page]. -6- IN WITNESS WHEREOF, the City of Temecula has caused this Agreement to be signed and executed on its behalf by its City Manager and executed by the Employee. City of Temecula, a general law City and California municipal corporation Dated: By: Aaron Adams, City Manager ATTEST: Randi Johl, Director of Legislative Affairs/ City Clerk Approved as to form: Peter M. Thorson, City Attorney -7- In signing this Agreement, Employee understands and agrees that his/her employment status is that of an at -will employee and that his/her rights to employment with the City are governed by the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of the City of Temecula which might otherwise apply to employees of the City. Employee further acknowledges that he/she was given the opportunity to consult with an attorney prior to signing this Agreement. Dated: Employee Signature Elizabeth G. Lowrey Employee Name (printed) -s- ATTACHMENT A Classification Specification m Ilt A The Heart of Southern California A s s i s t a n t Wine Country to the City Manager Established Date: 07/01/2014 Revision Date: 07/01/2022 DESCRIPTION: DEFINITION Class Code: 103007 Under administrative direction, performs a broad range of the most complex and sensitive administrative support functions in support to the City Manager and Assistant City Managers. DISTINGUISHING CHARACTERISTICS The Assistant to the City Manager is a single -position, at -will classification at the Executive Management level. The employee manages critical and/or sensitive projects and priority initiatives established by the City Council, providing high-level research, analysis, and reports, monitoring legislative and other intergovernmental activities, overseeing various public outreach and public relations programs, and acting as liaison between the City Manager's office and the public. Serves as the City's primary Public Information Officer. The employee typically serves as the primary administrative support staff member and performs the most complex and sensitive duties. The employee requires a thorough knowledge of departmental operations, policies, and procedures, and involves the frequent use of tact, discretion, initiative and independent judgment. SUPERVISION RECEIVED AND EXERCISED Receives administrative direction from the City Manager or his/her designee. Supervision is exercised. EXAMPLES OF DUTIES: Duties may include, but are not limited to, the following: Plans, organizes and coordinates the activities of assigned functions, programs and projects; develops strategies and programs for implementing the City's goals and objectives Works closely with the City Manager, Assistant City Manager and Department Directors on matters pertaining to assigned functions, programs and projects; conducts major analytical and research assignments and develops recommendations related to a variety of administrative and operational issues with Citywide impact 1of5 Assistant to the City Mgr • Researches and prepares written and oral reports recommending improvement of services, implementation of new program, changes in organizational design and measures to improve efficiency of operations or community support • Oversees public outreach and public relations programs related to assigned functions • Oversees and performs professional public service communication duties involving the coordination and dissemination of information to the public and media • Oversees the development of methods and techniques for accomplishing improved communication between the City and community • Coordinates with departments to ensure information to the community is clear, accurate and comprehensive • Oversees and works with staff to plan, organize and launch programs; writes copy for materials of public interest • Develops and assists in the development of strategies to accomplish City goals and objectives • Prepares and/or reviews drafts of proposed agreements; negotiates terms and conditions; consults with legal counsel on the preparation of contracts and legal filings; monitors the progress of legal filings on behalf of the City • May supervise, motivate, plan, train, direct, and evaluate the work of lower level staff • Oversees the work of consultants, contractors, advising attorneys and community project team members; coordinates activities with those of outside agencies, community groups and other City employees • Receives and responds to requests for public information; responds to citizen inquiries on a variety of topics related to assigned activities • Directs and participates in the preparation of correspondence, reports, resolutions, ordinances, contracts, presentation materials, etc.; researches, prepares and presents oral and written reports • Represents the City in multi -jurisdictional meetings and with community groups, advisory boards and other governmental agencies; serves as liaison to commissions, boards and inter -agency task forces/committees • Monitors legislative and other intergovernmental activities affecting the City and prepares and/or coordinates appropriate responses to legislation impacting operations of the City and/or community at large • Prepares and writes a variety of reports and documentation, including detailed Risk Management incident reports • Performs other duties of a similar nature MINIMUM QUALIFICATIONS: 2of5 Assistant to the City Mgr A combination of education, experience, and training that has provided the necessary knowledge, skills, and abilities is required for entry into the classification. The City of Temecula utilizes equivalencies to substitute two years of applicable experience and similar responsibility for one year of college in order for a candidate to meet Minimum Qualifications. A typical combination of education, experience, and training for this classification includes: EDUCATION AND/OR EXPERIENCE Bachelor's Degree from an accredited college/university in Public Administration, Business Administration or related field; and five (5) years of highly responsible municipal management experience, or any combination of education and experience that provides equivalent knowledge, skills and abilities. Master's Degree is desired. KNOWLEDGE, SKILLS & ABILITIES Knowledge of: • Objectives, programs, policies, and procedures of the assigned department • Pertinent federal, state, and local laws, codes, and regulations related to departmental operations • Basic principles and practices of budget administration • Principles and procedures of record keeping and reporting • Occupational hazards and safety measures appropriate to work performed Skill to: • Operate various types of standard office equipment, including a personal computer and related software • Operate a motor vehicle in a safe manner Ability to: Recommend modifications to existing policies, and modify strategies and/or methods to meet unusual conditions within the context of existing management principles; analyze and categorize data and information, in order to determine consequences and to identify and select alternatives; decide the time, place and sequence of operations within an organizational framework and oversee their execution • Utilize consulting data, advisory data and information such as organizational analyses, economic forecasts, staff reports, state, federal and local regulations, budget materials and summaries, personnel reviews, contracts, requests for proposals, correspondence, consultant reports, invoices, legal briefs, administrative manuals, and computer software manuals • Communicate clearly and effectively, both orally and in writing with elected and appointed officials, City Manager, Assistant City Manager, Department Directors, various 3of5 Assistant to the City Mgr commissions and task forces, attorneys, vendors, contractors, consultants, citizens and other City personnel • Establish and maintain courteous, cooperative, and effective working relationships with those encountered in the course of work • Manage and direct a group of workers, including the ability to provide counseling and mediation • Persuade, convince and train others; advise and interpret regarding the application of policies, procedures and standards to specific situations • Use conceptual reasoning in performing synthesis functions; supervise, manage, lead, teach, direct and control • Exercise the judgment, initiative, decisiveness, and creativity required in situations involving the direction, control, and planning of multiple programs, and in critical or unexpected situations involving considerable risk or loss to the organization • Calculate percentages, fractions, decimals, ratios, and present values. Ability to interpret statistical reports and use balance statements • Use proper English, spelling, grammar and punctuation • Supervise, plan, train, direct, and evaluate the work of lower level staff • Serve as emergency services worker in the event of an emergency LICENSES AND/OR CERTIFICATES Possession of a valid California Class C driver's license and an acceptable driving record. Emergency Management Certifications as determined by the City. SPECIAL REQUIREMENTS Satisfactory results from a background investigation and administrative screening. The administrative screening may include a pre -employment drug screening for positions which are designated as safety sensitive or security sensitive, including but not limited to being responsible for the care and custody of children and operating heavy equipment. May be required to occasionally work outside of regular work hours (e.g. evenings, holidays, and weekends). WORKING CONDITIONS & PHYSICAL DEMANDS: The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. 4 of 5 Assistant to the City Mgr While performing the duties of this job, the employee is regularly required to stand and sit; talk or hear, both in person and by telephone; use hands to finger, handle, feel or operate standard office equipment; and reach with hands and arms. The employee frequently stands or walks, and lifts and moves records and documents or objects weighing up to 50 pounds alone, and up to 100 pounds with assistance. Specific vision abilities required by this job include close vision, color vision, and the ability to adjust focus. The employee is regularly required to use written and oral communication skills; read and interpret data; use math and mathematical reasoning; analyze and solve problems; learn and apply new information; perform highly detailed work on multiple, concurrent tasks; meet intensive and changing deadlines and interact with City staff, customers, vendors, contractors, and the public. The employee typically works in office conditions; the noise level is frequently quiet or moderately quiet, at or below 50 decibels. SUPPLEMENTAL INFORMATION: Flexibly Staffed: No FLSA Status: Exempt Conflict of Interest: Required Department: City Manager Bonding Required: No 5of5 Assistant to the City Mgr Item No. 30 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, City Manager DATE: June 14, 2022 SUBJECT: City Council Travel/Conference Report PREPARED BY: Luisa Tovar, Executive Assistant RECOMMENDATION: That the City Council receive and file report. On May 22, 23 and 24, 2022, Council Member Maryann Edwards and Council Member James Stewart traveled to Las Vegas, NV to attend the International Council of Shopping Centers Annual Conference. ATTACHMENT: Itineraries ANNUAL CONFERENCE INTERNATIONAL COUNCIL OF SHOPPING CENTERS (ICSC) LAS VEGAS, NEVADA MAY 23, 24, 2022 MARYANN EDWARDS SUNDAY, MAY 22, 2022 Hotel: PARIS LAS VEGAS, 3655 Las Vegas Boulevard South, Las Vegas, NV 89109. Phone: 877-796-2096, Confirmation #ZLXRP, $362.58 + fees and taxes. MONDAY, MAY 23, 2022 8:OOam-5:OOpm Registration Open 11:00am-11:30am Conference Meeting with LOOPNET Booth #424 (Kim Eoff) 11:30am-12:OOpm Conference Meeting with (Restaurant Broker) IRA SPLIKY & ASSOCIATES, City Booth # 2922 12:OOpm-12:30pm Conference Meeting with GREEN TEAM, City Booth #2922 (Miglena Minkova) 12:30pm-1:OOpm Break 1:OOpm-1:30pm Conference Meeting with COSTCO, City Booth #2922 (Jennifer Murrillo) 1:30pm-2:OOpm Conference Meeting with CAPRIOTTI'S SANDWICH SHOP, City Booth #2922 (Dennis Watts) 2:OOpm-2:30pm Conference Meeting with FLITE GOLF, Booth #8660 (Smith, Campbell) 2:30pm-3:OOpm Conference Meeting with THE LEARNING EXPERIENCE, City Booth #2922 (Amer Boukai) 3:OOpm-3:30pm Conference Meeting with LEWIS MANAGEMENT CORP Booth #3001 (Kate Corbett) 5:30pm-7:OOpm Networking Event: Endless Possibilities in Riverside County Gordon Biersch Brewery Restaurant, 3987 Paradise Rd, Las Vegas, NV TUESDAY, MAY 24, 2022 8:30am-9:OOam Conference Meeting with CHOICE HOTELS Booth #9151 (Daniel Johnson) 9:OOam-9:30am Conference Meeting with VOLTA CHARGING Booth #4543 (Christina Slayton) 9:30am-10:00am Conference Meeting with BUXTON Booth #2711 (Lisa Hill) 10:OOam-10:30am Conference Meeting with PLAM PLAZA / KIMCO REALITY Booth #3358 (Ben Terry) 10:30am-11:00am Break 11:00am-11:30am Conference Meeting with TOP GOLF Booth #6743 (Joe Wojdowski & Kevin McDougal) 11:30am-12:OOpm Conference Meeting with PR DEVELOPMENT & WHOLE FOODS, Booth #3501 (Bret & PGilholly) 12:OOpm-12:30pm Break 12:30pm-1:OOpm Conference Meeting with PALOMAR VILLAGE, City Booth #2922 (Gabriella Ball) 1:OOpm-1:30pm Conference Meeting with CLAIM JUMPER, City Booth #2922 (Wrick, Sun, Ray) ANNUAL CONFERENCE INTERNATIONAL COUNCIL OF SHOPPING CENTERS (ICSC) LAS VEGAS, NEVADA MAY 23, 24, 2022 JAMES STEWART SUNDAY, MAY 22, 2022 Hotel: PARIS LAS VEGAS, 3655 Las Vegas Boulevard South, Las Vegas, NV 89109. Phone: 877-796-2096, Confirmation #PMXRP, $362.58 + fees and taxes. MONDAY, MAY 23, 2022 8:OOam-5:OOpm Registration Open 11:00am-11:30am Conference Meeting with LOOPNET Booth #424 (Kim Eoff) 11:30am-12:OOpm Conference Meeting with (Restaurant Broker) IRA SPLIKY & ASSOCIATES, City Booth # 2922 12:OOpm-12:30pm Conference Meeting with GREEN TEAM, City Booth #2922 (Miglena Minkova) 12:30pm-1:OOpm Break 1:OOpm-1:30pm Conference Meeting with COSTCO, City Booth #2922 (Jennifer Murrillo) 1:30pm-2:OOpm Conference Meeting with CAPRIOTTI'S SANDWICH SHOP, City Booth #2922 (Dennis Watts) 2:OOpm-2:30pm Conference Meeting with FLITE GOLF, Booth #8660 (Smith, Campbell) 2:30pm-3:OOpm Conference Meeting with THE LEARNING EXPERIENCE, City Booth #2922 (Amer Boukai) 3:OOpm-3:30pm Conference Meeting with LEWIS MANAGEMENT CORP Booth #3001 (Kate Corbett) 5:30pm-7:OOpm Networking Event: Endless Possibilities in Riverside County Gordon Biersch Brewery Restaurant, 3987 Paradise Rd, Las Vegas, NV TUESDAY, MAY 24, 2022 8:30am-9:OOam Conference Meeting with CHOICE HOTELS Booth #9151 (Daniel Johnson) 9:OOam-9:30am Conference Meeting with VOLTA CHARGING Booth #4543 (Christina Slayton) 9:30am-10:00am Conference Meeting with BUXTON Booth #2711 (Lisa Hill) 10:OOam-10:30am Conference Meeting with PLAM PLAZA / KIMCO REALITY Booth #3358 (Ben Terry) 10:30am-11:00am Break 11:00am-11:30am Conference Meeting with TOP GOLF Booth #6743 (Joe Wojdowski & Kevin McDougal) 11:30am-12:OOpm Conference Meeting with PR DEVELOPMENT & WHOLE FOODS, Booth #3501 (Bret & PGilholly) 12:OOpm-12:30pm Break 12:30pm-1:OOpm Conference Meeting with PALOMAR VILLAGE, City Booth #2922 (Gabriella Ball) 1:OOpm-1:30pm Conference Meeting with CLAIM JUMPER, City Booth #2922 (Wrick, Sun, Ray) REQUESTS TO SPEAK AND ELECTRONIC COMMENTS SUBMITTED FOR THE RECORD Public Comment: REQUEST TO SPEAK CITY OF TEMECULA Date. vl ��i 2�02� Non -Agenda Item: X Agenda Item: Agenda Item No. For�< Against 0 t-(a I D,,Cf_r(20CL_A�k�oj 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 record. %r f/ / Name: v`e Phone Number: Address: � C Email address: If you are representipg/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. REQUEST TO SPEAK CITY OF TEMECULA Non -Agenda Item: El Agenda Item: ❑ For Against El Date: 0 1) , Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. ,� /� " � Address: �p [ - l a r7 9 If y�u are represen in an organizatiion/Ar group, please give the name: !t,1-AI-)) Pr)G L v) SIC1, 01,- A 6C1.�i�Y1�i Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA Date:6 1)qlc ` Public Comment: Non -Agenda Item -.','�Agenda Item: ❑ Agenda Item No. For ❑ Against X 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 re d. &A ►/��`n Name: ' i e— l' 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. EAl'.C.'y REQUEST TO SPEAK CITY OF TEMECULA Public Comment: Non -Agenda Item: Agenda Item: Agenda Item No. For Against El Date: Y I o I � ❑ �- k � Tt` 0 C \ e � 0- -- 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 regard. RI �(,, Name: r� Phone Number: il d `� �� C J I i, `�,,_ g 2- S 1 Email address: n you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA 1989 Public Comment: Non -Agenda Item: M Agenda Item: Date: 6_/W-t) Agenda Item No. For F51 Against El P R I D 6- �p 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: Address Email address: If you are representing an 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. Public Comment: Agenda Item No. REQUEST TO SPEAK CITY OF TEMECULA Date: Non -Agenda Item: 0 Agenda Item: El For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk rp for 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: _Z3_v�`�" 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. REQUEST TO SPEAK CITY OF TEMECULA Non -Agenda Item: T1 Agenda Item: EJ For ❑ Against ❑ Date: 6 // 7 / 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 record. % Name: �f*'t`N / aJ L Phone Number: Address: ` v��~c CA- 92-S-6 Z 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. REQUEST TO SPEAK / CITY OF TEMECULA ;r 1989 Date: e, Public Comment: Non -Agenda Item: Agenda Item: ❑ VAgenda Item No. For Against El Request to Speak forms for Public Comments or items listed on the Consent Ca VtZ e ar ma e sub7ot;e WCity 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 re`cord�. Name: %liG�%% /�J//i�CG� Phone Number: Address: Email address: If you are representing an organization or groLV, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA 1989 Public Comment: Non -Agenda Item: 10 Agenda Item: Agenda Item No. For ❑ Against ❑ Date: 6 liq 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 reco (aa7eI .� 1Name: \ I/ \��.� (1 Phone Number: Address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. \ REQUEST TO SPEAK , \' CITY OF TEMECULA s Date: �� l Public Comment: Non -Agenda Item: V Agenda Item: El Agenda Item No. For El Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: 1 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. REQUEST TO SPEAK y., CITY OF TEMECULA 1989 Date: Z I " 1 / ZC 2- 2- Public Comment: Non -Agenda Item: 51 Agenda Item: ❑ Agenda Item No. For ❑ Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk 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 record. Name: C)O 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. From: Randi Johl Sent: Monday, June 13, 2022 8:54 AM To: 'Doug Price' Subject: RE: Pride Proclamation Thank you for your comments. They were received and will be read and/or included into the record pursuant to the Public Comment policy outlined on the agenda at the next meeting. Randi Johl, JD, MMC, CDE Legislative Director / City Clerk (951) 694-6421 randi.johl@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. -----Original Message ----- From: Doug Price < Sent: Saturday, June 11, 2022 9:41 PM To: Randi Johl <randi.johl@temeculaca.gov> Subject: Pride Proclamation 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. Thank you for supporting the LGBTQ+ Community with a Pride Proclamation. One of things that makes me proud to be a resident, is that this great city is inclusive. The world needs more love and less hate. Sincerely, Doug Price From: Randi Johl Sent: Monday, June 13, 2022 8:54 AM To: 'Susan Martin' Subject: RE: LGBTQ+ Thank you for your comments. They were received and will be read and/or included into the record pursuant to the Public Comment policy outlined on the agenda at the next meeting. Randi 1ohl, JD, MMC, CDE Legislative Director / City Clerk (951) 694-6421 randi.johl@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. -----Original Message ----- From: Susan Martin < Sent: Sunday, June 12, 2022 2:19 PM To: Randi Johl <randi.johl@temeculaca.gov> Subject: LGBTQ+ 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. As an ally to the LGBTQ community, thank you for supporting PRIDE with a proclamation. There is no place for hate and discrimination in Temecula! In support, Sue Martin Sent from my Whone From: Randi Johl Sent: Monday, June 13, 2022 8:54 AM To: 'ctmassa' Subject: RE: Public Comment for Tuesday's City Council Meeting Thank you for your comments. They were received and will be read and/or included into the record pursuant to the Public Comment policy outlined on the agenda at the next meeting. Randi Johl, JD, MMC, CDE Legislative Director / City Clerk (951)694-6421 rand i.iohl dtemeculaca.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: ctmassa < Sent: Sunday, June 12, 2022 2:53 PM To: Randi Johl <randi.johl@temeculaca.gov> Subject: Public Comment for Tuesday's City Council Meeting 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. Hi Randi, I hope you are doing well. I am on vacation this week but would like to submit this written public comment for the Pride proclamation as this week's meeting. Thank you for accepting into the record. Hello Temecula City Council, I wanted to take this moment to commend the Council for recognizing Pride month, and for their acceptance of the LGBTQIA+ community. There is almost no better way, for a town that promotes itself with "Love," to do just that. It takes all kinds of people to make a city. This recognition makes me, a Christian, a wife and mother, and a staunch Ally, proud of our Temecula. There will be some who do not support this proclamation, and that confounds me. Is that really Christ -like behavior? Tolerance is always key and is one of the most overt ways to show love. Let's teach our neighbors, and our children, not to judge a book by its cover, not to make assumptions about the life someone lives, and to not live in fear of what one doesn't know or understand. Come together as community, seek to understand, build bridges, and show love. Temecula has a heart —for all of its residents, not just the cis, straight ones. All need to feel welcome here. Thank you for your time, and for recognizing these important, contributing, and deserving members of our community. Thanks, Christine T. Massa From: Randi Johl Sent: Monday, June 13, 2022 8:53 AM To: Subject: RE: City Council Comments ... The Deadly Sin Pride Thank you for your comments. They were received and will be read and/or included into the record pursuant to the Public Comment policy outlined on the agenda at the next meeting. Randi Johl, JD, MMC, CDE Legislative Director / City Clerk (951)694-6421 randi iohl(&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: Sent: Sunday, June 12, 2022 3:31 PM To: Council Comments<CouncilComments@TemeculaCA.gov> Cc: Jessica Alexander <Jessica.Alexander@TemeculaCA.gov>; Maryann Edwards<Maryann.Edwards@TemeculaCA.gov>; Matt Rahn <matt.rahn@TemeculaCA.gov>; Zak Schwank <Zak.Schwank@temeculaca.gov>; James Stewart <James.Stewart@TemeculaCA.gov>; Council Assistant <council.assistant@temeculaca.gov>; Erika Ramirez <erika.ramirez@temeculaca.gov>; Randi Johl <randi.johl@temeculaca.gov>; REDI Commission <REDICommission@TemeculaCA.gov> Subject: City Council Comments ... The Deadly Sin Pride ICAUTION: 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. The following comment is submitted to be read at the June 14 Temecula City Council Meeting in regards to Public Comments - Non -Agenda Items Dear Temecula City Council; Regarding the City Council's Presentation of Proclamation for Pride Month, it's quite apparent that this concept of pride sorely needs to be addressed. Our American society and constitutional republic are deeply ingrained with the Western Canon of which Judeo-Christianity serves as the base foundation. Throughout Western religions, numerous theologians have studied and written about the Seven Deadly Sins. Biblically, the sin of pride is foremost associated with the fall of Lucifer and his casting out of Heaven. Pride is to be rebellious against God and His Natural Order. World leaders, celebrities, and even our own neighbors, friends and family regularly exhibit willful demonstrations of pride. Vladimir Putin's invasion of Ukraine is a glaring example of pride as Putin seeks a vainglorious restoration of a long gone Imperial Russian Empire. President Biden regularly exhibits his pride by falsely claiming the US has the 'fastest -growing economy in the world' despite the fact that America has suffered a negative growth rate of -1.4%. Joe Biden's pride is yoked to his ideological belief that he is right, regardless of the economic hardships endured by too many Americans. We see our own family, friends, and perhaps even ourselves, overly preoccupied with "selfie" photos and constant ramblings on social media; just more preening and self -promoting ... me, me, me. Why does this City Council, and too much of our society at large, so readily twist the sin of pride into a false virtue by issuing such Pride Month proclamations? To increase self-esteem, misguided elementary school teachers extolled students to "believe in themselves." Kids are given participation awards. The month of June has become an exhibition of crass vanity when a strong cup of humility is needed. Lastly a bit of gentle advice to local LGBTQ folks, as many have long maintained that sexuality is biologically ingrained, like hair color or eye color. Yet we do not have a national month for brunettes or a national blue -eyes week, nor should we. If you don't want to be treated differently for being gay, then stop acting like being gay somehow makes you special. Your sexual orientation is neither a great achievement nor a holiday. You have not accomplished anything noteworthy by simply being attracted to one sex or another. Respectfully Submitted, Rick Reiss N Temecula, CA 92592 P.S. I have Cc this to the City Council Members, Staff and Bcc this to various interested parties as well as media contacts. Sent from my iPad References: http://www.deadlysins.com/pride/ http://www.artandpopularculture.com/Western canon http://www.artandpopularculture.com/Bible https://christian.net/resources/seven-deadly-sins-a-history-of-christianity-and-the- bible https://www.christianity.com/theology/theological-faq�how-did-lucifer-fall-and-become- satan-11557519.html https://www.euronews.com/my-europe/2022/02/24/what-s-really-behind-putin-s- invasion-of-ukraine https://www.cnn.com/2022/06/10/politics/fact-check-biden-fastest-arowina-economy- jimmy-kimmel/index.html https://www.forbes.com/sites/jonathanponciano/2022/05/26/us-economy-shrank-15- last-quarter-in-worst-showing-since-covid-recession-new-Qdp-estimate- shows/?sh=3c4d49824e14 From: Randi Johl Sent: Monday, June 13, 2022 8:51 AM To: 'Erin McMillan' Subject: RE: Thank you Thank you for your comments. They were received and will be read and/or included into the record pursuant to the Public Comment policy outlined on the agenda at the next meeting. Randi Johl, JD, MMC, CDE Legislative Director / City Clerk (951)694-6421 randi.johl c(btemeculaca.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: Erin McMillan < Sent: Sunday, June 12, 2022 5:56 PM To: Randi Johl <randi.johl@temeculaca.gov> Subject: Thank you 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. Thank you for supporting LGBTQ+ PRIDE with the Proclamation. Erin Benites From: Randi Johl Sent: Tuesday, June 14, 2022 1:54 PM To: 'Terri Ayer' Subject: RE: Pride Month Thank you for your comments. They were received and will be read and/or included into the record pursuant to the Public Comment policy outlined on the agenda at the next meeting. Randi Johl, JD, MMC, CDE Legislative Director / City Clerk (951)694-6421 randi.johlC@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: Terri Ayer < Sent: Tuesday, June 14, 2022 7:30 AM To: Randi Johl <randi.johl@temeculaca.gov> Subject: Pride Month 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. Hello... Temecula does not need a Pride Month! If you do a that, then I want a straight month. We are bombarded with this pride stuff. Thank you Terri Ayer Sent from my Verizon, Samsung Galaxy smartphone From: Randi Johl Sent: Tuesday, June 14, 2022 1:52 PM To: 'Prince Nova' Subject: RE: Pride Proclamation, My Story. Thank you for your comments. They were received and will be read and/or included into the record pursuant to the Public Comment policy outlined on the agenda at the next meeting. Randi Johl, JD, MMC, CDE Legislative Director / City Clerk (951)694-6421 randi.johl(cbtemeculaca.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: Prince Nova < Sent: Tuesday, June 14, 2022 9:48 AM To: Randi Johl <randi.johl@temeculaca.gov> Subject: Pride Proclamation, My Story. 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. As I am unable to attend the Pride Proclamation to read this, I hope someone will at least read this, all of this. My name is Elliot Novak, I am 18 years old, and I am an openly queer transmasculine person. This is a very short version of my story. I came out as queer when I was 10, there was no difficulty met, my friends at the time accepted me and so did my family. I came out as transgender at 13 and began my social transition, my family accepted me but my peers did not. My teachers welcomed my new name and my pronouns and I was welcomed by staff at my middle school but my peers were ruthless. They would change my name on assignments and make it known that my friends were no longer friends, i give them grace though, it was in the midst of the election and most were regurgitating their parents words and also it was middle school, everyone is horrible in middle school. And so I started high school, my name changed in the system within a few weeks of freshmen year and only the few students I was in middle school with new my deadname. Unfortunately that is when I came into trouble with staff. I remember distinctly a teachers aid refusing to use my chosen name because "it wasnt on the paper work" all while being ok with nicknames or middle names. I quickly learned that it was better to stay quiet. I'm not a quiet person. She continued to do so until eventually one of my actual friends said if she didn't stop and use Elliot she would file an official complaint. From then on she never called my deadname or chosen name in attendance. I was harassed and bullied to the point that I had tried to hang myself in the school bathroom. I was sent to residential therapy for a little over a month and came back before finals. I was a dead man walking to many when I came back. Sophomore year I decided to start the first ever Gay Straight Alliance at River Springs Charter school, although I am unaware of it current active status. To even found the club I ran into hurdles, and when I talked to other club leaders I realized that they didn't have to do the same. I had to fill out a club application, as expected, but then had to maintain and prove attendance, which none of the other clubs had to do. Our members always fluctuated as some students would put others or target us. All clubs were supposed to have a page in the yearbook, when publishing day came, the GSA page mysteriously disappeared, instead the Christian club had two pages. A failing club in a small, queerphobic school was expected, what wasn't was the staffs failure to protect ALL of their students. After reporting to the principal the sexual harassment many of my friends were facing on the basis that they were queer, led by one student, the principal failed to act. When I said I would inform the teachers I was told I was running an agenda against a student who disagreed with me when I had screenshots and videos of him assaulting my friends. I was told because it didn't happen to me, I couldn't do anything. My friends and I were groped, and deadnamed, told we hadn't found the right dick yet, and threatened to be raped, and the school did nothing while plastering anti -bullying posters and zero -tolerance policies. I still believe that if it weren't for us being openly queer, the faculty that was aware would've have acted. Junior year, I transferred to Great Oak High School. At this point I decided to lay low, I would stay to my friend group and keep to myself. I would still wear my pronoun pins and pride jackets, but I would sit as far away from everyone in class and try to stay to myself. I wasn't going to make the same mistake twice. I befriended the teachers, and they were all so amazing with my name and pronouns, some even defending against other students in class, but despite this I was still targeted. In third period English I was relentlessly sexually harassed by a student, he would sit on my desk, go through my things, touch me without permission, try and guess my deadname me and much more. He would shout slurs at me in the halls and in class. I never said anything back except an occasional snap of please stop. One day I was pulled into a counselors office, apparently he has been showing lewd photos to other students and saying who I would have sex with, who he would force me to be intimate with when he watched and other gross sexual things, I was unaware but other students reported him for that. I told the faculty that I was unaware that had happened but of the other things he had done to me and thankfully my classmates had similar testimonies to support me. I appreciate Great Oak for taking action, changing his class and dealing appropriate consequences. Senior year was all online due to the pandemic but as numbers were lessening the school had decided to still run homecoming. I was nominated for homecoming king. I am not social and didn't keep up with school events, so I didn't nominate myself and whoever did is still a mystery, all I know is I was ecstatic that I was, let alone in the correct category. When I asked my mom if I could continue with my nomination, she was hesitant, she thought it was going to be a Carrie situation. I still decided to continue to run and I made it to the final 5. When I arrived to the football stadium, I could feel eyes on me. Tickets were limited to the game, only to family, staff and nominees. The nominees were dressed nice so it was easier to find us in the barren bleachers. I was called various slurs and when the game was happening I saw cheerleaders pointing to me and whispering. I didn't win and didn't expect to win with the TikTok twins running, but I didn't expect to make it to the final 5 either. There were a few people who I didn't know who congratulated me but the stares and dirty looks were stronger. I wanted to share my story to show that LGBTQ+ people have lives, and emotions, we aren't some scary entity created by the media. We live and breathe and feel as much as anyone else. I don't want to hear of bullying and suicide. I want these kids to express themselves and learn and grow in a loving environment. Staff and peers should be nurturing and helping each other grow. Temecula having a Pride Proclamation honoring our Queer Youth is a step forward, and we need to keep moving forward instead of getting scared and running back. is 1 From:Justine Hose < Sent:Tuesday, June 14, 2022 10:45 AM To:Council Comments Subject:Non agenda speaker 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. Hi, I am a homeowner in the Sommers bend community here in Temecula. I would like to speak on the safety of the roads in our neighborhood and the ongoing speeding issues. We have a lot of traffic due to the public Sommers bend sports park in our neighborhood. I would like to address the possibility of a paved road to the wineries possibly raising the thought of a gate for the community but not the Sommers bend road. Thank you, Justine Hose Sent from my iPhone From: Randi Johl Sent: Tuesday, June 14, 2022 1:52 PM To: ' Subject: RE: Pride Proclamation Thank you for your comments. They were received and will be read and/or included into the record pursuant to the Public Comment policy outlined on the agenda at the next meeting. Randi Johl, JD, MMC, CDE Legislative Director / City Clerk (951) 694-6421 rand i.iohl()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: Sent: Tuesday, June 14, 2022 11:20 AM To: Randi Johl <randi.johl@temeculaca.gov> Subject: Pride Proclamation 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. To the Temecula City Council, Although I am unable to attend tonight's City Council meeting, I wanted to express how happy I am that our City Council is taking the time and making the effort to read a Pride Proclamation in support of our LGBTQIA community. Having friends and family in the LGBTQIA community, it continues to impress me how our society is changing to accept and respect them rather than to shun them and hate them. Despite the efforts of some people to paint this proclamation as a negative event, please know that as a citizen of Temecula, this proclamation has my complete support. Todd Meyer Sent from my Verizon, Samsung Galaxy smartphone From: Randi Johl Sent: Tuesday, June 14, 2022 1:52 PM To: 'Angela Corso' Subject: RE: LGBTQ+ Pride Proclamation Thank you for your comments. They were received and will be read and/or included into the record pursuant to the Public Comment policy outlined on the agenda at the next meeting. Randi Johl, JD, MMC, CDE Legislative Director / City Clerk (951) 694-6421 randi.6ohI0)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: Angela Corso < Sent: Tuesday, June 14, 2022 12:12 PM To: Randi Johl <randi.johl@temeculaca.gov> Subject: LGBTQ+ Pride Proclamation 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. I work in Temecula and I want to thank you for supporting our local LGBTQ+ community by reading the LGBTQ+ Pride Proclamation at the city council meeting tonight. It is so important to make our marginalized citizens feel seen and supported. Thank you, Angela Corso, DVM From: Randi Johl Sent: Tuesday, June 14, 2022 1:51 PM To: 'Mike Noon' Subject: RE: Proclamation Support Thank you for your comments. They were received and will be read and/or included into the record pursuant to the Public Comment policy outlined on the agenda at the next meeting. Randi Johl, JD, MMC, CDE Legislative Director / City Clerk (951)694-6421 randi.johl .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: Mike Noon < Sent: Tuesday, June 14, 2022 12:39 PM To: Randi Johl <randi.johl@temeculaca.gov> Subject: Proclamation Support 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. Hi Randi, I have received a copy of the City of Temecula proclamation for Pride Month and I as well as the Temecula Valley Chamber of Commerce would like to say thank you to the City of Temecula council members and staff for your shown support for this particular community. May we all continue to grow in understanding one another and acceptance of one another. Mike NNOON 6 AS OC A'ES CPA; Michael R. Noon, CPA, MSA Partner Noon & Associates CPAs Inc. 27555 Ynez Road Suite 135 Temecula, CA 92591 Office (951) 676-2814 Fax (951) 676-4819 Click Here to Send Me Files Securely How did we do? Click to rate your experience with Noon & Associates CPAs Schedule your own Zoom or Phone Call with Mike Noon From: Randi Johl Sent: Tuesday, June 14, 2022 1:50 PM To: 'Diane Roberts' Subject: RE: Stop the need for a Pride Month in Temecula Thank you for your comments. They were received and will be read and/or included into the record pursuant to the Public Comment policy outlined on the agenda at the next meeting. Randi Johl, JD, MMC, CDE Legislative Director / City Clerk (951) 694-6421 randi.johl@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. -----Original Message ----- From: Diane Roberts < Sent: Tuesday, June 14, 2022 1:40 PM To: Randi Johl <randi.johl@temeculaca.gov> Subject: Stop the need for a Pride Month in Temecula 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. We have so many ridiculous monthly celebrations (ex: papaya month) and this just adds to the list. I don't support this measure. Why can't we all just be human beings that love one another. Instead we are creating more exclusive instead of inclusion. From: Randi Johl Sent: Tuesday, June 14, 2022 3:13 PM To: 'DAVID CARTER' Subject: RE: Pride Month Meeting Tonight Thank you for your comments. They were received and will be read and/or included into the record pursuant to the Public Comment policy outlined on the agenda at the next meeting. Randi Johl, JD, MMC, CDE Legislative Director / City Clerk (951)694-6421 randi.johl@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. -----Original Message ----- From: DAVID CARTER < Sent: Tuesday, June 14, 2022 2:47 PM To: Randi Johl <randi.johl@temeculaca.gov>; Jessica Alexander <Jessica.Alexander@TemeculaCA.gov>; Matt Rahn <matt.rahn@TemeculaCA.gov>; Maryann Edwards <Maryann.Edwards@TemeculaCA.gov>; Zak Schwank <Zak.Schwank@temeculaca.gov>; James Stewart <James.Stewart@TemeculaCA.gov> Subject: Pride Month Meeting Tonight 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. Hello, I understand there is a meeting tonight to determine if Temecula will implement a Pride Proclamation. As a resident and voter of Temecula for over 25 years I am politely asking you to please not implement this. I do not understand how and why we have to recognize people's sexual preferences. I do not see there being a Heterosexual Proclamation and if there was, it would be called racist. Avery concerned citizen, Keri Carter From: Randi Johl Sent: Tuesday, June 14, 2022 3:12 PM To: 'Bridget Denton' Subject: RE: PRIDE PROCLAMATION Thank you for your comments. They were received and will be read and/or included into the record pursuant to the Public Comment policy outlined on the agenda at the next meeting. Randi Johl, JD, MMC, CDE Legislative Director! City Clerk (951)694-6421 rand i.iohl(cDtemeculaca.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: Bridget Denton < Sent: Tuesday, June 14, 2022 2:55 PM To: Randi Johl <randi.johl@temeculaca.gov>; Jessica Alexander <Jessica.Alexander@TemeculaCA.gov>; Matt Rahn <matt. ra hn @TemeculaCA.gov>; Maryann Edwards<Maryann.Edwards@TemeculaCA.gov>; Zak Schwank <Zak.Schwank@temeculaca.gov>; James Stewart <James.Stewart@TemeculaCA.gov> Subject: PRIDE PROCLAMATION 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. Dear Council Members, First, I'd like to thank each of you in advance for taking the time to read my email in its entirety. I don't typically send emails of this nature as I try to be an example of grace and peace through God's love. In the Bible 2 Corinthians 13:11 reads, "Finally brothers and sisters, rejoice! Strive for full restoration, encourage one another, be of one mind, live in peace. And The God of love and peace will be with you." That being said, I'm respectfully petitioning the City Council to reconsider the proposal of a PRIDE proclamation. This is NOT something that as a voting citizen I'm in support of. When I look at the definition of a proclamation, it's as follows: "proclamation is a ceremonial document issued by either the Mayor to honor individuals or groups for service or achievements, or to provide recognition/publicity to special events or significant issues. Typically, proclamations designate a day, week or month for a specific purpose." In reflection of this definition, I strongly question the council on what achievements or contributions have been made to suggest the need of a PRIDE day? When I think of special days acknowledged locally, or on a calendar, I think of days like Independence Day, which "commemorates the passage of the Declaration of Independence by the Continental Congress on July 4, 1776", Labor Day, "observed to commemorate the struggles and sacrifices of the workers' and labours' movement," Veterans Day, "a day to express gratitude to America's service members, past and present, who served in both war and peace," Martin Luther King Jr. Day, "honouring the achievements of Martin Luther King, Jr., a Baptist minister and civil rights leader who advocated for nonviolent resistance against racial segregation" and Memorial Day, "honoring the men and women who died while serving in the U.S. military." The definition of PRIDE is "a feeling of deep pleasure or satisfaction derived from one's own achievements, the achievements of those with whom one is closely associated, or from qualities or possessions that are widely admired." I don't see what proud thing is being accomplished by having a special proclamation based on gender identity. Again, I petition the council to REVOKE the proposed proclamation. Other than personal gain and recognition, there is no fruitful outcome for a PRIDE day proclamation. Respectfully, Bridget Denton From: Randi Johl Sent: Tuesday, June 14, 2022 3:12 PM To: 'Tracy' Subject: RE: Tonight's meeting Thank you for your comments. They were received and will be read and/or included into the record pursuant to the Public Comment policy outlined on the agenda at the next meeting. Randi Johl, JD, MMC, CDE Legislative Director / City Clerk (951) 694-6421 randi.johl@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. -----Original Message ----- From: Tracy < Sent: Tuesday, June 14, 2022 3:04 PM To: Randi Johl <randi.johl@temeculaca.gov> Subject: Tonight's meeting 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. I just wanted to share my thoughts and make it known that I do not support this topic of having a pride month. I am not a bigot, I am not a racist and I am not a homophobe like the media and narrative today wants people to believe. I love all people and accept all people. That's our calling but it doesn't mean we embrace and support a very destructive stance. There has to be a standard in this world and there certain things that are right and certain things that are wrong DESPITE what we feel is right or wrong. I have been an RN for over 25 years. I have never in my life seen so many 5150's in hospitals as we see today. 95% of our 5150's are teenagers and kids in their 20's. Children are s0000 confused today. My heart brakes for what is happening in our state, country and world. Do these agendas need to be pushed down our throats. Are we having heterosexual month? Aren't we suppose to be humble folks and not PRIDEful?!?! I hope and pray you will re-evaluate your stance and thinking about these bills, days or months, and laws that are being discussed in our town today with NO fear or reverence of God. God will not be mocked. So sad Temecula is just becoming a sheep and unable to have backbone to stand up for biblical truths in a humble and loving spirit. There is nothing wrong with saying no and loving people enough to teach them the truths..... DESPITE what the "majority' might say or think. There is a quote, "what is wrong will become right and what is right will become wrong." Tracy Sent from my iPhone From: Randi Johl Sent: Tuesday, June 14, 2022 4:48 PM To: 'Stacy Riddle' Subject: RE: AGAINST pride month Thank you for your comments. They were received and will be read and/or included into the record pursuant to the Public Comment policy outlined on the agenda at the next meeting. Randi Johl, JD, MMC, CDE Legislative Director / City Clerk (951) 694-6421 randi.johl@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. -----Original Message ----- From: Stacy Riddle < Sent: Tuesday, June 14, 2022 3:24 PM To: Randi Johl <randi.johl@temeculaca.gov> Subject: AGAINST pride month 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. Hello, My name and Stacy. As an American citizen of this United States and a community member of this Temecula valley of 21 years, it is my right and will as a tax payer that you SAY NO TO another GAY PRIDE MONTH. My family and I are COMPLETELY AGAINST IT AND ALL THE PERVERSION THAT IT STANDS FOR IN EVERY WAY. Please hear the cries of what is right, good, wholesome and pure for the next generation of kids who are to become leaders of this nation to keep the sacredness of purity of heart, mind and body and not stand for perversion and all that desires to explode out from it. SAY NO TO ANOTHER GAY PRIDE MONTH!! Sent from my iPhone 1 From:Kim Kelliher < Sent:Tuesday, June 14, 2022 3:47 PM To:Council Comments Subject:In Support of the City's PRIDE Proclamation 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. Dear Honorable Council Members, As a citizen of Temecula Valley for nearly 25 years, and a business owner for 20, I want to personally express my appreciation and support of your efforts to ensure that our city is inclusive, progressive, and provides equal opportunities to all its citizens. I am saddened to hear that there is some dissension on the Council about tonight's proclamation for PRIDE Month. To me, and I believe for the quieter majority, this should be a basic tenet of any City: WHEREAS, all are welcome in the City of Temecula to live, work, and play, and every individual and family, of any diversity, deserves a safe and happy home supported by friends and neighbors Thank you for moving forward with this proclamation - and with your efforts via the REDI commission - to ensure that our City is one that we all can be proud of and that welcomes a broad and diverse culture. Cheers! Kim Kelliher Founder/President Office: 951-693-5755 | GoGrape.com GoStryder.com 2 Follow Us: From: Randi Johl Sent: Tuesday, June 14, 2022 4:44 PM To: ' Subject: FW: Letter of Support for Gay Pride Month Attachments: ADVOCACY Temecula Gay Pride Month Signed.pdf Thank you for your comments. They were received and will be read and/or included into the record pursuant to the Public Comment policy outlined on the agenda at the next meeting. Randi Johl, JD, MMC, CDE Legislative Director / City Clerk (951)694-6421 randi. iohl(�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: Tammy Marine < Sent: Tuesday, June 14, 2022 3:50 PM To: Randi Johl <randi.johl@temeculaca.gov> Cc: Connie & David French < ; Jackie Steed < ; Anna Sacco - Miller < ; Saomorn Wong < Subject: Letter of Support for Gay Pride Month 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. Hi Randi, Attached is a letter of support for the city's decision to honor Gay Pride Month with a proclaimation. I am hopeful that you can read the letter tonight during public comments at the city council meeting. Also, can you forward this to the council members on our behalf? Thanks for your leadership and for your efforts that continue to positively impact all residents. Most sincerely, Tammy Marine, Executive Director Habitat for Humanity Inland Valley 41615 Winchester Road Suite 214 Temecula, CA 92591 ( (951) 296-3362 x206 (office) 16�Habitat, for Humanity' Inland Valley SEARS Celebrating of Service From: Sent: Tuesday, June 14, 2022 4:17 PM To: Jessica Alexander; Randi Johl; Matt Rahn; Maryann Edwards; Zak Schwank; James Stewart Cc: Arthur Lemos Subject: Please REVOKE the proposed PRIDE day Proclamation 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. Dear Temecula City Elected Offic: Special proclamations are meant to be made by elected officials on behalf of its constituents. Proclamations have the inherent goal of unifying a city and with one voice to honor and commemorate those whose specific and sacrificial contributions have served our counties and our nation as a whole. Historically proclamations are intended to honor selfless acts of service, acts which have yielded measurable & ongoing freedoms and contributions that clearly benefit our society. In comparison the LGBTQ movement and the PRIDE agenda in particular has not made those kinds of acts of service nor sacrificial contributions that demand such honor. Thus how can you make a PRIDE proclamation and allow them to share the same honor? As informed voters you can trust that we will be mindful of our elected official's actions and we will take note on whether or not our voices were properly represented. Proclamations made by elected officials are intended to represent their constituents, not divide them. Please REVOKE the proposed PRIDE day proclamation. Respectfully, Sent from the all new AOL app for iOS From: Randi Johl Sent: Tuesday, June 14, 2022 1:55 PM To: 'Tammy Meyer' Subject: RE: For City Council Meeting 6/14/2022 Thank you for your comments. They were received and will be read and/or included into the record pursuant to the Public Comment policy outlined on the agenda at the next meeting. Randi Johl, JD, MMC, CDE Legislative Director / City Clerk (951)694-6421 randi.iohl(&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: Tammy Meyer < Sent: Monday, June 13, 2022 4:27 PM To: Randi Johl <randi.johl@temeculaca.gov> Subject: For City Council Meeting 6/14/2022 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. To: The Temecula City Council I recently heard that the city council is going to approve a proclamation for Pride Month. From the bottom of my heart, I want to thank you. As the mom of a child who is a part of the LGBTQ+ community, it makes my heart happy to feel that we live in a city that cares about this segment of our population. I hope everyone can someday see that love and acceptance is the way we should be, and those who are sitting in the chamber tonight protesting this proclamation should really search their souls and think about if they are really following the teachings of Jesus. Because Jesus = Love not hate. From: Randi Johl Sent: Tuesday, June 14, 2022 1:54 PM To: mnmusn' Subject: RE: Pride Proclamation Thank you for your comments. They were received and will be read and/or included into the record pursuant to the Public Comment policy outlined on the agenda at the next meeting. Rand! Johl, JD, MMC, CDE Legislative Director / City Clerk (951)694-6421 randi.iohl antemeculaca.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: mnmusn < Sent: Monday, June 13, 2022 4:58 PM To: Randi Johl <randi.johl@temeculaca.gov> Subject: Pride Proclamation 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. To Temecula City Council, I am writing this to express my support for, and thoughts about, the proposed Pride Proclamation. We should never stop looking for ways to make Temecula better. As a retired military officer I have lived throughout the country, in numerous states, and the best were those that strove to ensure all residents were treated with respect and equality, at all levels of government. Temecula touts itself as a "city with a heart," with opportunity for all, and as a safe place. That perspective isn't necessarily true for everyone who resides, goes to school, or works here. Current and former members of city government have tried to pass laws, regulations or policies that did not embody inclusion, equality, or diversity, and in fact called into question the residency or patriotism of anyone who disagreed with the city council or the Mayor's perspective or aims. We have a Constitution of the United States that put the First Amendment first for a reason. And separation of church and state is explicitly spelled out. We are not a theocracy, although some citizens insist that we are, and that their religious beliefs about LGBTQAI people should prevail in government. We also have a Bill of Rights that, sadly, has not always been applied to minorities, be it women, LGBTQAI, races, or those with different physical ability. But we should NEVER give up striving for that ideal, where all feel equally protected under the law and able to live without fear of harm due to their status. The Pride Proclamation states support for the diversity of our community and all who identify as LGBTQAI. "If you aren't hungry for justice and equality, it could be because you are full of privilege." Or perhaps you haven't experienced institutionalized bias and discrimination. The Pride Proclamation is like any proclamation of recognition and can only ADD to the impression of an inclusive and supportive Temecula, and all within. Please do not appease those who fear the voices, or perspectives the LGBTQI community brings to the area. "If you aren't AT THE TABLE, you are probably on the menu," is a famous quote that embodies the need for exactly what the Pride Proclamation offers: acceptance and recognition. Thank you, M. B. Margosian Captain, USN, (Ret.) We do not inherit the earth from our ancestors; we borrow it from our children and grandchildren. Chief Seattle, 1849 From: Randi Johl Sent: Tuesday, June 14, 2022 5:14 PM To: Subject: RE: Public Comment to be read tonight at the city Council meeting June 14 Thank you for your comments. They were received and will be read and/or included into the record pursuant to the Public Comment policy outlined on the agenda at the next meeting. Randi Johl, JD, MMC, CDE Legislative Director / City Clerk (951)694-6421 rand i.iohl(cc0emeculaca.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: Sent: Tuesday, June 14, 2022 5:08 PM To: Randi Johl <randi.johl@temeculaca.gov>; Jessica Alexander <Jessica.Alexander@TemeculaCA.gov>; Matt Rahn <matt.rahn@TemeculaCA.gov>; Maryann Edwards <Maryann.Edwards@TemeculaCA.gov>; Zak Schwank <Zak.Schwank@temeculaca.gov>; James Stewart <James.Stewart@TemeculaCA.gov> Subject: Public Comment to be read tonight at the city Council meeting June 14 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. Public Servants, Those of you who have invited the gender confused rainbow flag flying society to have special days and signed proclamations to celebrate their chaos in the streets of our beautiful Temecula, you will all be judged. As the people of God pray for judgement on those bringing danger and abomination into our city limits our prayers will be heard. To date you have brought discrimination through the Racial Equity Diversity Inclusion that divides our community you have made it a point to open the doors for Adult Entertainment by way of Drag Shows, Juneteenth, Pride Month Proclamation signatures and the list goes on. The Christian, Constitutional, heterosexual families would like to have a proclamation signed too. Constitutional Month; celebrating those who stood strong to protect our freedoms; Proud Boys, Mamalitias, Oath Keepers and 3 percenters who drove across the country to protect our 1st amendment and stood in front of churches when were not able to assemble due to dangerous pro -abortionist blocking our families from entering, protecting our children from the dangerous Drag story time at public libraries attempting to indoctrinate and hurt our children, at the Capitol protecting people from getting trampled on January 6 and from BLM and ANTIFA lawlessness in communities where there was lawlessness and police were told to stand down our men and women were there to protect families. Sign the proclamation for Constitutional Month. Perez Family Homeowners and Business owners of Temecula From: Randi Johl Sent: Tuesday, June 14, 2022 5:29 PM To: 'Desare Ferraro' Subject: RE: Pride Month Resolution Thank you for your comments. They were received and will be read and/or included into the record pursuant to the Public Comment policy outlined on the agenda at the next meeting. Randi Johl, JD, MMC, CDE Legislative Director / City Clerk (951)694-6421 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: Desare Ferraro < Sent: Tuesday, June 14, 2022 5:27 PM To: Randi Johl <randi.johl@temeculaca.gov>; Jessica Alexander <Jessica.Alexander@TemeculaCA.gov>; Matt Rahn <matt.rahn@TemeculaCA.gov>; Maryann Edwards<Maryann.Edwards@TemeculaCA.gov>; Zak Schwank <Zak.Schwank@temeculaca.gov>; James Stewart <James.Stewart@TemeculaCA.gov> Subject: Pride Month Resolution 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. Dear City Council Members, Our community has always enjoyed living peacefully with and among people of all races, religions, and lifestyles, including same -sex attracted. We are good neighbors, showing love and respect towards one another every day, despite our political, cultural and lifestyle differences. Until recently, our city leaders have never forced every resident to accept a public position on a lifestyle that most Bible believing Christians do not believe in, let alone something that pertains to someone's sexual preference and behavior. There is no virtue in that. It can only create dissension and division where non exists. The role of city government is to maintain roads, utilities and public safety. It is not your role to approve or disapprove of anyone's sexual preference and sexual behavior. And it is definitely not appropriate for our city leaders to bring our city's youth into this adult conversation. I would like to request all council members not divide our community by signing this ill-advised pride month proclamation. Respectfully, Desare' Ferraro rxrrry i�r�rru� rrr.wrr MYN•..��L.�.np.rr..r ti..M� ^Tr�r.�� .. t..w w�.... rr �.lrw.�wrwMR.�.►�f a.I�.. �i •a'rt�1�ONYY.�4. w. �wMMyrri.ww.n a...�iw qr AMNIw MYYH . w...�. From: Randi Johl Sent: Tuesday, June 14, 2022 1:54 PM To: Jacqueline Steed Subject: RE: Gay Pride Month Proclamation Thank you for your comments. They were received and will be read and/or included into the record pursuant to the Public Comment policy outlined on the agenda at the next meeting. Randi Johl, JD, MMC, CDE Legislative Director / City Clerk (951)694-6421 randi johl(&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: Jackie Steed < Sent: Monday, June 13, 2022 6:33 PM To: Randi Johl <randi.johl@temeculaca.gov> Subject: Gay Pride Month Proclamation 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. Hi Randi Please feel free to disseminate among the city council members, I want to thank the city for presenting this proclamation for the second year to our LGBTQ students during Gay Pride Month. As we know the suicide statistics for this group of our youth are through the roof. It means so much to them that our city stands behind our diversity and inclusion platform to acknowledge them as valuable community members. This proclamation also shows that the city is there to support the parents of our students that truly love their children and support them in being their authentic selves. Our community workforce including LBGTQ members can see that their efforts are helping to make Temecula the beautiful caring community that it is. Temecula Cares & Temecula Safe are all great slogans but when a city truly stands behind them and ensures our residents that we include everyone, that is the true leadership. Love always stands tall! Thank you for your hard work in this space, it is refreshing. Sincerely Jackie Steed Your Temecula Valley Realtor With the IRISH Touch www.oackiesteedhomes.com