Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
09122023 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 SEPTEMBER 12, 2023 - 6:00 PM CLOSED SESSION - 5:00 PM CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to four matters 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 and the City Council will decide whether to initiate litigation. CALL TO ORDER: Mayor Zak Schwank INVOCATION: Buck Longmore, Retired Firefighter FLAG SALUTE: Mayor Zak Schwank ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart PRESENTATIONS Award of Recognition to Former Council Member Matt Rahn BOARD / COMMISSION REPORTS Planning Commission PUBLIC SAFETY REPORT County of Riverside, Fire Department (CAL FIRE) 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. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to Page 1 City Council Agenda September 12, 2023 CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten minutes will be devoted to these reports. CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the City Council on matters 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. Speaker cards will be called in the order received. Still images maybe displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 1. Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda 2. 3. 4. Recommendation: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. Attachments: Agenda Report Approve Action Minutes of August 22, 2023 Recommendation: That the City Council approved the action minutes of August 22, 2023. Attachments: Action Minutes Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: Attachments: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Agenda Report Resolution List of Demands Approve Financial Statements for the 3rd Quarter Ended March 31, 2023 Page 2 City Council Agenda September 12, 2023 Recommendation: That the City Council: 1. Receive and file the financial statements for the 3rd quarter ended March 31, 2023; and 2. Approve the following Fiscal Year 2022-23 appropriations: a. City Attorney Legal Services (001.130.999.5246) $90,000 b. Vehicle Replacement (310.199.999.5610) $26,500 c. Technology Replacement (325.199.999.5610) $21,200 Attachments: Agenda Report City Fund Summaries 5. Adopt Ordinance No. 2023-07 Amending Titles 5, 8, and 17 of the Temecula Municipal Code, and Adopt a Resolution Setting the Fee for a Tobacco Shop Permit and Find that this Ordinance is Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061 (b)(3) (Second Reading) Recommendation: That the City Council adopt an ordinance entitled: ORDINANCE NO.2023-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 5, 8, AND 17 OF THE TEMECULA MUNICIPAL CODE TO (1) AMEND MASSAGE ESTABLISHMENT REGULATIONS, (2) ADD DEFINITIONS FOR TOBACCO SHOP, TOBACCO SHOP PERMIT AND UPDATE DEFINITIONS OF TOBACCO PRODUCT AND TOBACCO PARAPHERNALIA, (3) IMPLEMENT A TOBACCO SHOP PERMIT PROGRAM TO INCLUDE STRUCTURAL AND OPERATIONAL REQUIREMENTS, (4) UPDATE TOBACCO RETAILERS LICENSE PROCESSES, (5) AMEND REGULATIONS ON SMOKING IN HOTEL ROOMS, (6) REMOVE TOBACCO SHOP AS A CONDITIONALLY PERMITTED USE IN TABLE 17.08.030, (7) IMPLEMENT TOBACCO SHOP PERMIT REQUIREMENTS IN PLANNED DEVELOPMENT OVERLAY ZONING DESIGNATIONS 1 AND 4, AND (8) MAKE A FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (B)(3) Attachments: Agenda Report Ordinance 6. Approve Purchase of Software Support and Maintenance for the Tyler Technologies Suite of Products for Fiscal Year 2023-24 Page 3 City Council Agenda September 12, 2023 Recommendation: That the City Council: 1. Approve the purchase of software support and maintenance for the Tyler Technologies Suite of products including EnerGov Permitting System, Tyler Cashiering, Decision Engine and EnerGov Insights, in an amount not to exceed $126,184.81; and 2. Authorize the City Manager to approve contract change orders of up to 10% of the total cost, or $12,618.48. Attachments: Agenda Report Insights Bundle Invoice Permitting Suite Invoice 7. Approve Purchase and Installation Agreement with CDW Government, LLC for UninteMMtible Power Supplies at Cites Recommendation: That the City Council: 1. Approve a purchase and installation agreement with CDW Government, LLC, for uninterruptible power supplies in the City Hall data center, in the amount of $294,716.56; and 2. Authorize the City Manager to approve contract change orders up to 10% of the total contract, in an amount not to exceed $29,471. Attachments: Agenda Report Agreement Bonds 8. Approve Agreement with Riverside Coun . Transportation Commission for Funding of Measure A Regional Arterial Improvements for the Ynez Road Improvement Project, Phase I (From Rancho California to Rancho Vista) Recommendation: That the City Council: 1. Approve the agreement with Riverside County Transportation Commission for the funding of Measure A Regional Arterial Improvements for the Ynez Road Improvement Project, Phase I (from Rancho California to Rancho Vista) in the amount of $1,475,000; and 2. Authorize the City Manager to execute the agreement. Attachments: Agenda Report Funding_ Agreement 9. Approve Agreement with Riverside County Transportation Commission for Funding Under Senate Bill 821 Bicycle and Pedestrian Facilities Program Page 4 City Council Agenda September 12, 2023 Recommendation: That the City Council approve the agreement with Riverside County Transportation Commission for funding under Senate Bill 821 Bicycle and Pedestrian Facilities Program for the Pauba Road Sidewalk Improvement Project, in the amount of $362,600. Attachments: Agenda Report Funding_ Agreement 10. Approve Plans and Specifications and Authorize Solicitation of Construction Bids for Sidewalks - Old Town Improvements - Additional Streetlights on Moreno Road and Mercedes Street, PW22-17 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 - Old Town Improvements - additional streetlights on Moreno Road and Mercedes Street (East of Old Town Front Street), PW22-17; and 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. Attachments: Agenda Report Project Description Project Location Map 11. Approve Plans and Specifications and Authorize Solicitation of Construction Bids for Park Restrooms Renovations, Expansion and Americans with Disabilities Act Improvements, PW 17-06 Recommendation: That the City Council: 1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Park Restrooms Renovations, Expansion and Americans with Disabilities Act Improvements, PW 17-06; and 2. Make a finding that this project is exempt from California Environmental Quality Act (CEQA) pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Attachments: Agenda Report Project Description Project Location Map 12. Approve Plans and Specifications and Authorize Solicitation of Construction Bids for Americans with Disabilities Act Transition Plan Implementation Improvements at Ronald Page 5 City Council Agenda September 12, 2023 13. 14. Reagan Sports Park, PW18-16 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 Americans with Disabilities Act Transition Plan Implementation Improvements at Ronald Reagan Sports Park, PW18-16; and 2. Make a finding that this project is exempt from California Environmental Quality Act (CEQA) pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Agenda Report Project Description Project Location Map Approve Specifications and Authorize Solicitation of Construction Bids for Citywide Concrete Repairs Fiscal Year 2022-23 Project, PW23-17 Recommendation: That the City Council: 1. Approve the specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Concrete Repairs Fiscal Year 2022-23 project, PW23-17; and 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. Attachments: Agenda Report List of Concrete Repair Areas Added Alternate Area Accept Improvements and File the Notice of Completion for the Mary Phillips Senior Center Emergency Generator Enclosure, PW21-08 Recommendation That the City Council: 1. Accept the Improvements for the Mary Phillips Senior Center Emergency Generator Enclosure, PW21-08, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion if no liens have been filed. Page 6 City Council Agenda September 12, 2023 Attachments: Agenda Report Notice of Completion Contractor's Affidavit and Final Release 15. Accept Improvements and File the Notice of Completion for the Traffic Signal Installation, Citywide - Rancho California Road and Tee Drive, PW19-19 Recommendation: That the City Council: 1. Accept the construction of the Traffic Signal Installation, Citywide - Rancho California Road and Tee Drive, PW 19-19, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the final contract amount; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. Attachments: Agenda Report Notice of Completion Maintenance Bond Contractor's Affidavit and Final Release 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 7 City Council Agenda September 12, 2023 TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President James Stewart ROLL CALL: Alexander, Brown, Kalfus, 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. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by 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. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 16. Approve Action Minutes of August 22, 2023 Recommendation: That the Board of Directors approve the action minutes of August 22, 2023. Attachments: Action Minutes 17. Approve Financial Statements for the 3rd Quarter Ended March 31, 2023 Recommendation: That the Board of Directors: 1. Receive and file the financial statements for the 3rd quarter ended March 31, 2023; and 2. Approve the following Fiscal Year 2022-23 appropriations: a. CRC Project Salaries (190.182.999.5119) $74,000 b. Aquatics Project Salaries (190.186.999.5119) $66,000 Page 8 City Council Agenda September 12, 2023 Attachments: Agenda Report TCSD Fund Summaries 18. Approve First Amendment with Shawna Sarnowski for Photography Services Recommendation: Attachments: That the Board of Directors approve the first amendment with Shawna Sarnowski to increase payment in the amount of $75,000 for a total agreement amount of $275,000 through July 31, 2026. 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, September 26, 2023, 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 9 City Council Agenda September 12, 2023 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY CALL TO ORDER: Chair Zak Schwank ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart SARDA PUBLIC COMMENTS - NON -AGENDA ITEMS A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. SARDA CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Successor Agency to the Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 19. Approve Financial Statements for the 3rd Quarter Ended March 31, 2023 Recommendation: That the Board of Directors receive and file the financial statements for the 3rd quarter ended March 31, 2023. Attachments: Agenda Report SARDA Fund Summaries SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTOR REPORTS SARDA ADJOURNMENT The next regular meeting of the Successor Agency to the Redevelopment Agency will be held on Tuesday, September 26, 2023, 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 10 City Council Agenda September 12, 2023 TEMECULA HOUSING AUTHORITY - NO MEETING TEMECULA PUBLIC FINANCING AUTHORITY - NO MEETING RECONVENE TEMECULA CITY COUNCIL 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. No substantive discussion on the subject of the motion may occur. 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, September 26, 2023, 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 11 Item No. 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: September 12, 2023 SUBJECT: Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. 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. In accordance with Government Code Section 34934, the title of each ordinance is included on the published agenda and a copy of the full ordinance has been available to the public online on the City's website and will be available in print at the meeting prior to the introduction or passage of the ordinance. Unless otherwise required, the full reading of the title and text of all ordinances and resolutions is waived. FISCAL IMPACT: None ATTACHMENTS: None Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA AUGUST 22, 2023 - 6:00 PM CLOSED SESSION - 5:00 PM CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council convened in closed session pursuant to Government Code Section 54956.8 regarding the acquisition of certain property interests from the real property located at 39622 Leifer Road in the City of Temecula (APN 957-090-023). Specifically, the City seeks to acquire an approximate 31,168 square foot temporary construction easement with a term of 12 months, covenant authorizing the construction of certain permanent improvements in portions of that 31,168 square foot area. This acquisition is in connection with the proposed extension of Nicolas Road from its current termination at Calle Girasol easterly to Butterfield Stage Road, Project Number LD20-1114 ("Project"). The negotiating parties are the City of Temecula and the property owners Isaac G. Navejar and Isabel L. Navejar, as Co -Trustees of the Navejar Living Trust, U/A dated July 18, 2019. Negotiators for the City are Patrick Thomas and Ron Moreno. Under negotiations are price and terms of the acquisition of these property interests. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION. The City Council convened in closed session with the City Attorney and Special Counsel pursuant to Government Code Section 54956.9(d)(1) with respect to two matters of pending litigation: 1) City of Temecula v Sohan Singh, t al. (Riverside Superior Court Case No. CVSW2303952); and 2) Solana Winchester, LLC, v. City of Temecula (Riverside Superior Court Case No. CVRI2304109). CALL TO ORDER at 6:00 PM: Mayor Zak Schwank PRELUDE MUSIC: Temecula Valley Youth Symphony INVOCATION: Pastor Steve Redden of Crosspoint Church Temecula FLAG SALUTE: Mayor Zak Schwank ROLL CALL: Alexander, Brown (absent), Kalfus, Schwank, Stewart PRESENTATIONS Award of Recognition to Former Council Member Maryann Edwards Representatives of the following organizations recognized Former Council Member Edwards: • Pechanga Band of Indians • California State Senator Kelly Seyarto • Congressman Ken Calvert • Supervisor Chuck Washington • Congressman Darrell Issa • Jeff Comerchero, Former Council Member • Assemblymember Kate Sanchez • Jeff Stone, Nevada State Senator • Assemblymember Marie Waldron • Matt Rahn, Former Council Member • Riverside County Habitat Conservation Agency • City of Murrieta • City of Menifee • City of Canyon Lake • City of Wildomar • Western Riverside Council of Governments • Riverside County Transportation Commission • Western Riverside Regional Conservation Authority • Riverside Transit Agency (RTA) • Rancho California Water District • Eastern Municipal Water District • Temecula Valley Chamber of Commerce • Visit Temecula Valley • Temecula Valley Wine Growers Association • California State University, San Marcos • Mt. San Jacinto College • Old Town Temecula Association • Temecula Valley Hospital BOARD / COMMISSION REPORTS • Dr. Larry Boggeln • Larry Rubio, Retired RTA CEO • DCH Automotive • Paradise Chevrolet • Animal Friends of the Valley • Michelle's Place Cancer Resource Center • Oak Grove Center • Rotary Club of Temecula • Miyamoto Music & SOS Hills • BMW Management • Rancho Christian Church • Jeff Pack • EAT Marketplace • Promenade Mall • Shawn Nelson, Former City Manager • Greg Butler, Former Assistant City Manager • Grant Yates, Former Assistant City Manager • Riverside Sheriff's Office Community Services Commission and Race, Equity, Diversity and Inclusion Commission PUBLIC SAFETY REPORT County of Riverside, Riverside County Sheriffs Department PUBLIC COMMENTS - NON -AGENDA ITEMS The following individual(s) addressed the City Council: • Susan Whitten • Gary Oddi CITY COUNCIL REPORTS CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (4-0, Brown absent): Motion by Alexander, Second by Kalfus. The vote reflected unanimous approval with Brown absent. 1. Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda Recommendation: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. 2. Approve Action Minutes of August 8, 2023 Recommendation: That the City Council approve the action minutes of August 8, 2023. 2 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2023-70 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 May 31, 2023 Recommendation: That the City Council approve and file the City Treasurer's Report as of May 31, 2023. 5. Amend the Capital Improvement Program Budget for Fiscal Years 2024-28 for Various Projects Recommendation: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 2023-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO AMEND THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEARS 2024-28 FOR VARIOUS PROJECTS 2. Approve an appropriation of $1,500,000 from Transportation Uniform Mitigation Fee, from Western Riverside Council of Governments in Fiscal Year 2023-24 for the I-15 / French Valley Parkway Improvements - Phase III project; and 3. Approve an appropriation and corresponding fund transfer of $200,000 from Measure S for Fiscal Year 2023-24 to the I-15 / French Valley Parkway Improvements - Phase III project; and 4. Approve an appropriation of $1,000,000 grant funding from California State Assembly Bill 102 as amended in Senate on June 24, 2023 for Fiscal Year 2023-24 for the Ynez Road Improvements - Phase I project; and 5. Approve a fund Transfer of $1,000,000 of Development Impact Fee - Street Improvements from Ynez Road Improvements, Phase I to Fiscal Year 2025-26 of the Rancho California Road Median Improvements project; and 6. Approve a fund transfer of $594,524 from Fiscal Year 2023-24 of 91 the Sidewalks - Citywide project to Fiscal Year 2023-24 of a separately established project, Sidewalks - Pauba Road; and 7. Approve an appropriation of $362,600 grant funding from California Senate Bill 821 for Fiscal Year 2023-24 for the Sidewalks - Pauba Road; and 8. Approve an appropriation of $200,000 grant funding from American Rescue Plan Act, signed into law March 11, 2021, through the County of Riverside for Fiscal Year 2023-24 to the Dog Park Renovation project; and 9. Approve an appropriation and corresponding fund transfer of $100,000 from Measure S for Fiscal Year 2023-24 to the Dog Park Renovation project. 6. Approve Form of Rancho California Water District Recycled Water Agreements and Authorize the City Manager to Execute Said Agreements on Behalf of the City Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2023-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FORM OF RECYCLED WATER AGREEMENTS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENTS ON BEHALF OF THE CITY 7. Approve First Amendment to the Agreement for On Call Services with Keyser Marston and Associates, Inc. Recommendation: That the City Council approve the first amendment to the agreement with Keyser Marston Associates, Inc., in the amount of $110,000, for a total agreement of $275,000, for on call services. 8. Adopt Resolution to Approve the Administering_ Agency - State Agreement - Master Agreement No. 08-5459521 with the State of California, Department of Transportation Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2023-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO APPROVE THE ADMINISTERING AGENCY - STATE AGREEMENT - MASTER AGREEMENT NO. 08-5459521 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ALL PERTINENT PROGRAM SUPPLEMENT AGREEMENTS FOR STATE FUNDED PROJECTS 4 9. Approve Increase to the Professional Services Contingency Authorization for the Margarita Recreation Center Project, PW 17-21 Recommendation: That the City Council: 1. Approve an increase to the contingency for professional services for the Margarita Recreation Center Project, PW 17-21 by $43,000; and 2. Increase the City Manager's authorized contingency by $43,000. 10. Approve the Funding Agreement with the County of Riverside for the Michael "Mike" Naggar Park Dog Park Renovation Project, PW21-14 and Authorize the City Manager to Execute the Agreement Recommendation: That the City Council: 1. Approve the "Funding Agreement for City of Temecula Michael "Mike" Naggar Community Park Expansion Project" (Agreement) with the County of Riverside; and 2. Authorize the City Manager to execute the Agreement. 11. Approve Specifications and Authorize Solicitation of Construction Bids for Citywide Slurry Seal Program - Fiscal Year 2022-23, PW23-16 Recommendation: That the City Council: 1. Approve the specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Slurry Seal Program - Fiscal Year 2022-23, PW23-16; 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. 12. Accept Improvements and File the Notice of Completion for the Traffic Signal - Park and Ride Access Improvements, PW18-11 Recommendation: That the City Council: 1. Accept the construction of the Traffic Signal - Park and Ride Access Improvements, PW18-11, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion. 13. Receive and File Temporary Street Closures for 2023 Autumnfest Events Recommendation: That the City Council receive and file the temporary closure of certain streets for the following 2023 Autumnfest events: GOLDEN ERA RUNWAY SHOW NATIONAL EMERGENCY PREPAREDNESS FAIR ARTFEST HEALTH & COMMUNITY RESOURCE FAIR CYCLE FOR HOPE GREEK FESTIVAL HALLOWEEN CARNIVAL VETERAN'S DAY PECHANGA PU'ESKA MOUNTAIN DAY RECESS: At 9:13 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 9:15 PM the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 17. Introduce Ordinance Amending Titles 5, 8, and 17 of the Temecula Municipal Code, and Adopt a Resolution Setting the Fee for a Tobacco Shop Permit and Find that this Ordinance is Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061 (b)(3) Recommendation: That the City Council: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 2023-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 5, 8, AND 17 OF THE TEMECULA MUNICIPAL CODE TO (1) AMEND MASSAGE ESTABLISHMENT REGULATIONS, (2) ADD DEFINITIONS FOR TOBACCO SHOP, TOBACCO SHOP PERMIT AND UPDATE DEFINITIONS OF TOBACCO PRODUCT AND TOBACCO PARAPHERNALIA, (3) IMPLEMENT A TOBACCO SHOP PERMIT PROGRAM TO INCLUDE STRUCTURAL AND OPERATIONAL REQUIREMENTS, (4) UPDATE TOBACCO RETAILERS LICENSE PROCESSES, (5) AMEND REGULATIONS ON SMOKING IN HOTEL ROOMS, (6) REMOVE TOBACCO SHOP AS A CONDITIONALLY PERMITTED USE IN TABLE 17.08.030, (7) IMPLEMENT TOBACCO SHOP PERMIT REQUIREMENTS IN PLANNED DEVELOPMENT OVERLAY ZONING DESIGNATIONS 1 AND 4, AND (8) MAKE A FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (B)(3) 6 2. Adopt Resolution entitled: RESOLUTION NO. 2023-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A TOBACCO SHOP PERMIT FEE Approved the Staff Recommendation (4-0, Brown absent): Motion by Kalfus, Second by Stewart. The vote reflected unanimous approval with Brown absent. DEPARTMENTAL REPORTS (RECEIVE AND FILE) 18. Community Development Department Monthly Report 19. Fire Department Monthly Report 20. Police Department Monthly Report 21. Public Works Department Monthly Report ITEMS FOR FUTURE CITY COUNCIL AGENDAS The City Council approved the placement of the following topic on a future agenda — Community Land Trust and Surplus Property. CITY MANAGER REPORT CITY ATTORNEY REPORT The City Attorney stated there was no reportable actions from closed session. ADJOURNMENT At 9:37 PM, the City Council meeting was formally adjourned to Tuesday, September 12, 2023, at 4:30 PM for Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Zak Schwank, Mayor ATTEST: Randi Johl, City Clerk [SEAL] AN Item No. 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: September 12, 2023 SUBJECT: Approve List of Demands PREPARED BY: Pam Espinoza, Senior Accounting Technician 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 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.2023- 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 $ 6,278,919.18. 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 12th day of September, 2023. Zak Schwank, 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. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of September, 2023, 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 8/7/2023 - 8/25/2023 TOTAL CHECK RUN: 8/17/2023 TOTAL PAYROLL RUN: 5,417,585.27 861,333.91 TOTAL LIST OF DEMANDS FOR 09/12/2023 COUNCIL MEETING: $ 6,278,919.18 apChkLst 08/10/2023 4:50:18PM Bank: union UNION BANK Check # Date Vendor 213062 8/10/2023 001517 AETNA BEHAVIORAL HEALTH LLC, DBA AETNA RESOURCES Final Check List CITY OF TEMECULA Description EMPLOYEE ASSISTANCE PRGM: HR 213063 8/10/2023 003951 ALL AMERICAN ASPHALT CONST CONTRACT SVC: YNEZ RD PW21-10 CONST CONTRACT SVC: YNEZ RD PW2' CONST CONTRACT SVC: YNEZ RD PW2' CONST CONTRACT SVC: YNEZ RD PW2' 213064 8/10/2023 022888 ARAMARK SERVICES INC, DBA RFRSHMNT SVCS: CIVIC CTR ARAMARK REFRESHMENT RFRSHMNT SVCS: CIVIC CTR RFRSHMNT SVCS: CIVIC CTR 213065 8/10/2023 004262 BIO TOX LABORATORIES PHLEBOTOMY SERVICES: TEM SHERIFF PHLEBOTOMY SERVICES: TEM SHERIFF PHLEBOTOMY SERVICES: TEM SHERIFF PHLEBOTOMY SERVICES: TEM SHERIFF PHLEBOTOMY SERVICES: TEM SHERIFF 213066 8/10/2023 012627 CLEAR IMAGE ENTERPRISES WINDOW CLEANING SVCS: CIVIC CTR INC, DBA CLEAR IMAGE WINDOW CL WINDOW CLEANING SVCS: TPL WINDOW CLEANING SVCS: CRC WINDOW CLEANING SVCS: TV2 WINDOW CLEANING SVCS: FOC WINDOW CLEANING SVCS: THEATER WINDOW CLEANING SVCS: WEST WING WINDOW CLEANING SVCS: TCC WINDOW CLEANING SVCS: IWTCM 213067 8/10/2023 023158 COMMERCIAL CLEANING BY JANITORIAL SVCS: MALL SUBSTATION: ROGERS,SERVICEMASTER TEM COMMERCIAL 213068 8/10/2023 012600 DAVID EVANS AND DESIGN SERVICES: PW ASSOCIATES INC ENG SVCS: SANTA GERTRUDIS CRK/BIK ENG SVCS: SANTA GERTRUDIS CRK/BIK ENG SVCS: SANTA GERTRUDIS CRK/BIK 213069 8/10/2023 008943 DEPT OF GENERAL SERVICES APPEALS: CITY CLERK DGS 213070 8/10/2023 010452 GAYLORD BROS INC MISC SUPPLIES: TVM: TCSD 213071 8/10/2023 019721 GOVCONNECTION INC HPI WORKSTATIONS & DESKTOPS: INFO TECH HPI DESKTOP WORKSTATIONS: INFO TE Amount Paid 400.00 81, 510.00 70,137.82 15,540.63 8,964.91 69.98 60.00 27.09 4,188.57 3,581.45 2,378.89 733.23 554.98 4,488.00 3,656.00 858.00 797.00 485.00 280.00 280.00 240.00 190.00 814.77 37,797.33 5,110.00 1,286.00 470.50 3,516.75 241.29 60,973.46 6,627.55 Page: 1 Check Total 400.00 176,153.36 157.07 11,437.12 11, 274.00 814.77 44,663.83 3,516.75 241.29 67,601.01 Page:1 apChkLst Final Check List Page: 2 08/10/2023 4:50:18PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 213072 8/10/2023 013749 HELIXSTORM INC INFRASTRUCTURE SUPPORT: INFO TECH 213073 8/10/2023 003198 HOME DEPOT MISC SUPPLIES: AQUATICS: TCSD SUPPLIES: CRC: TCSD 213074 8/10/2023 003782 MAIN STREET SIGNS, DBA SIGNS & SUPPLIES: PW ATHACO INC 213075 8/10/2023 022585 NORMAN A TRAUB & WORKPLACE INVESTIGATION SVCS: ASSOCIATES, LLC HR WORKPLACE INVESTIGATION SVCS: HR 213076 8/10/2023 023155 OLD TOWN WISE RIDERS INC, VEH REPAIR & MAINTENANCE: TEM OLD TOWN TEMECULA SHERIFF VEH REPAIR & MAINTENANCE: TEM SHE VEH REPAIR & MAINTENANCE: TEM SHE VEH REPAIR & MAINTENANCE: TEM SHE VEH REPAIR & MAINTENANCE: TEM SHE VEH REPAIR & MAINTENANCE: TEM SHE VEH REPAIR & MAINTENANCE: TEM SHE VEH REPAIR & MAINTENANCE: TEM SHE VEH REPAIR & MAINTENANCE: TEM SHE VEH REPAIR & MAINTENANCE: TEM SHE VEH REPAIR & MAINTENANCE: TEM SHE VEH REPAIR & MAINTENANCE: TEM SHE 213077 8/10/2023 019859 PGI PACIFIC GRAPHICS INC PRINTING SRVCS: THEATER: TCSD 213078 8/10/2023 010338 POOLAND ELECTRICAL, SPLASH PAD CHEMICALS & PARTS: PRODUCTS INC PARKS:PW 213079 8/10/2023 023357 PROCARE SOFTWARE PROCARE SFTWRAGREEMENT: INFO HOLDINGS LLC, DBA PROCARE TECH SOFTWARE 213080 8/10/2023 020127 QUINN COMPANY GENERATOR MAINT: STA 95: FIRE 213081 8/10/2023 001365 RIVERSIDE COUNTY OF, APR-JUN '23 VECTOR CNTRL SVC: ENVIRONMENTAL HEALTH CODE ENF DEPT 213082 8/10/2023 000418 RIVERSIDE CO CLERK AND, CEQA FILING: PW22-17 RECORDER CEQA FILING: PW22-16 213083 8/10/2023 000537 SO CALIF EDISON METER & SVC CHANGE PANEL RELOCATION Amount Paid Check Total 1,531.25 1,531.25 1,219.09 581.13 1,800.22 126.75 126.75 3,501.50 1,778.45 5,279.95 1,073.90 992.39 828.20 772.95 620.27 551.63 534.32 456.56 155.00 101.40 56.21 49.80 6,192.63 11,848.59 11,848.59 703.81 703.81 1,788.00 1,788.00 584.97 584.97 7,462.88 7,462.88 50.00 50.00 100.00 3,482.88 3,482.88 Paget apChkLst Final Check List Page: 3 08/10/2023 4:50:18PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 213084 8/10/2023 020548 SOURCE POINT PRODUCTS & MISC PROMO ITEMS: EOC SRVCS, DBA FULLY PROMOTED OF 213085 8/10/2023 003599 T Y LIN INTERNATIONAL ENG & CONSULT SVCS: FVP PH II 213086 8/10/2023 000919 TEMECULA VALLEY UNIFIED FY22/23 CHS POOL MAINTAGRMNT SCHOOL, DISTRICT PMT 213087 8/10/2023 007987 WALMART MISC SUPPLIES: CRC: TCSD 213088 8/10/2023 008402 WESTERN RIVERSIDE CO REG, CONSERVATION AUTHORITY MISC SUPPLIES FOR TVM/ACE: TCSD SUPPLIES: FIT COLOR RUN: CRC: TCSD MISC SUPPLIES: CRC: TCSD SUPPLIES: FIT COLOR RUN: CRC: TCSD SUPPLIES: CRC: TCSD MISC SUPPLIES: CRC: TCSD ADD'L FEES MSHCPAUG-DEC'22: PLAN Amount Paid Check Total 6,314.03 44,784.46 75,000.00 1,154.23 924.95 432.87 324.74 280.58 156.87 117.45 740.04 Grand total for UNION BANK: 6,314.03 44,784.46 75,000.00 3,391.69 740.04 487,391.35 Page:3 apChkLst Final Check List Page: 4 08/10/2023 4:50:18PM CITY OF TEMECULA 27 checks in this report. Grand Total All Checks: 487,391.35 Page:4 apChkLst 08/08/2023 4:10:53PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK Check # Date Vendor Description Amount Paid Check Total 15088 7/21/2023 000262 RANCHO CALIF WATER VARIOUS JUN WATER BATCH 2 19,225.50 19,225.50 DISTRICT 15089 7/25/2023 002390 EASTERN MUNICIPAL WATER VARIOUS JUN WATER SVCS 10,778.83 10,778.83 DIST 15090 7/25/2023 001212 SO CALIF GAS COMPANY VARIOUS JUN SO CAL GAS SVCS 7,584.20 7,584.20 15091 7/5/2023 010276 TIME WARNER CABLE VARIOUS JUN INTERNET SVCS 2,439.79 2,439.79 15092 7/12/2023 018858 FRONTIER CALIFORNIA INC VARIOUS JUN INTERNET SVCS 10,671.21 10,671.21 15093 8/1/2023 020062 MEDLINE INDUSTRIES LP QE MAR 2023 SALES TAX PHS 318,434.00 318,434.00 15094 7/28/2023 000262 RANCHO CALIF WATER 3000353 JUN WATER: 30875 RANCHO 27,258.73 27,258.73 DISTRICT VISTA RD 15095 7/26/2023 000537 SO CALIF EDISON VARIOUS JUN SOCAL EDISON SVCS 186,685.60 186,685.60 Grand total for UNION BANK: 583,077.86 Page:1 apChkLst Final Check List Page: 2 08/08/2023 4:10:53PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor Description Amount Paid Check Total 505239 8/10/2023 004240 AMERICAN FORENSIC NURSES DRUG/ALCOHOL ANALYSIS: TEM 434.07 AFN SHERIFF DRUG/ALCOHOL ANALYSIS: TEM SF 62.01 496.08 505240 8/10/2023 001323 BLUETRITON BRANDS INC, JUN WTR DLVRY SVCS: CHAPARRAL 299.78 299.78 DBA READYREFRESH HS 505241 8/10/2023 022651 BRAND ASSASSINS OLD TOWN TEM WAYFINDING 375.00 375.00 SIGNAGE 505242 8/10/2023 018828 CASC ENGINEERING AND, ENGINEERING & INSPECT SVCS: PW 18,860.00 CONSULTING INC ADD'L ENG SVCS: SOMMER'S BEND 185.00 19,045.00 505243 8/10/2023 021133 CNS ENGINEERS INC 4/22-6/30 ENG SVCS: OVRLND BR 39,835.41 39,835.41 P W 16-05 505244 8/10/2023 004414 COMMUNITY WORKS DESIGN DSGN CONSULTANT SVCS: RRSP 1,868.00 1,868.00 GROUP, LLC SKATE PARK 505245 8/10/2023 010650 CRAFTSMEN PLUMBING & REPLACE/INSTALL DRINKING 4,800.00 HVAC INC FOUNTAIN: TCC PLUMBING SVCS: SENIOR CENTER 4,707.00 9,507.00 505246 8/10/2023 022483 DE LA SECURA INC, DBA DLS DSGN-BUILD SVCS: MRC PW 17-21 298,423.96 298,423.96 BUILDERS 505247 8/10/2023 018247 DOKKEN ENGINEERING JUN DSGN SVCS: SOUTHSIDE 10,000.00 10,000.00 PARKING LOT 505248 8/10/2023 002577 ENGINEERING RESOURCES, ENG SVCS: DE PORTOLA: PW22-13 5,667.50 5,667.50 OF SOUTHERN CALIF INC 505249 8/10/2023 021365 GEORGE HILLS COMPANY INC CLAIMS ADMINISTRATION: HR 3,650.80 3,650.80 505250 8/10/2023 004890 GOLDEN STATE FIRE FIRE SPRINKLER INSPEC: LIBRARY 528.00 528.00 PROTECTION 505251 8/10/2023 000520 HDL COREN AND CONE ACFR STATISCAL PACKAGE 695.00 695.00 505252 8/10/2023 022569 INLAND FLEET SOLUTIONS INC EQUIPMENT REPAIRS: STREETS: PW 5,673.79 VEHICLE & EQUIPMENT REPAIR: ST 318.94 5,992.73 505253 8/10/2023 013286 INTRADO LIFE & SAFETY INC JUN ENTERPRISES 911 SVC: INFO 300.00 300.00 TECH 505254 8/10/2023 000482 LEIGHTON CONSULTING INC ENGINEERING SVCS: MPSC OUTDOOR 1,500.00 REC EMERGENCY GEOTECH SVCS: RAIL 938.50 MATL'S TESTING SVCS: CRC RENO: 226.20 2,664.70 Paget apChkLst Final Check List Page: 3 08/08/2023 4:10:53PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid 505255 8/10/2023 023146 MAKELELE SYSTEMS CONST SVCS: RECYCLED WTR 33,715.50 LANDSCAPE & RETROFIT PGM 505256 8/10/2023 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: CRC 4,698.13 INC ELECTRICAL SUPPLIES: TVE2 2,769.04 ELECTRICAL SUPPLIES: LIBRARY 968.53 ELECTRICAL SUPPLIES: OLD TOWN 77.69 505257 8/10/2023 020946 MUSSON THEATRICAL INC SOUND/LIGHTING SUPPLIES: 11,476.71 THEATER 505258 8/10/2023 009337 NV5 INC JUN PROJ MGMT SVCS: MRC: PW17-21 40,027.05 505259 8/10/2023 002412 RICHARDS WATSON AND JUN 2023 LEGAL SERVICES GERSHON JUN 2023 LEGAL SERVICES JUN 2023 LEGAL SERVICES JUN 2023 LEGAL SERVICES 505260 8/10/2023 003072 RIVERSIDE AREA RAPE CRISIS FY22-23 CDBG Subrecipient - Crisis CTR 505261 8/10/2023 000519 SOUTH COUNTY PEST PEST CONTROL SVCS: PARKS: PW CONTROL INC 505262 8/10/2023 018147 WADDLETON, JEFFREY L 505263 8/10/2023 020275 WALLACE & ASSOC CONSULTING LLC, ANSER ADVISORY MNGMT LLC PEST CONTROL SERVICES:PW EMERG PEST CONTROL SVC: PARK PEST CONTROL SVCS: CROWN HILI EMERG PEST CONTROL SVC: PARK DJ/MC SOUND SVVCS: SPEC EVENTS MAY CONSTRUCTION MGMT SVCS: PW 18-05 914.50 885.00 442.50 29.50 1,799.49 493.00 240.00 94.00 94.00 94.00 2,274.00 Check Total 33.715.50 8,513.39 11,476.71 °111 1Y�AIIII 2,271.50 1,799.49 1,015.00 525.00 2.274.00 Grand total for EFT UNION BANK: 500,966.60 Page:3 apChkLst Final Check List Page: 4 08/08/2023 4:10:53PM CITY OF TEMECULA 33 checks in this report. Grand Total All Checks: 1,084,044.46 Page:4 apChkLst 08/10/2023 5:04:42PM Final Check List CITY OF TEMECULA Page: 1 Bank: eunion EFT UNION BANK Check # Date Vendor Description Amount Paid Check Total 505264 8/14/2023 010804 FEHR AND PEERS OLD TOWN TECH BASED PARKING: 9,310.88 9,310.88 LR22-0857 505265 8/14/2023 001091 KEYSER MARSTON LAND USE ECONOMIC OPPORTUNITY 5,727.50 5,727.50 ASSOCIATES INC STUDY 505266 8/14/2023 003726 LIFE ASSIST INC EMERGENCY MEDICAL EQUIP: MEDIC: 132.50 FIRE EMERGENCY MEDICAL EQUIP: FIRE 84.04 EMERGENCY MEDICAL EQUIP: FIRE -140.94 EMERGENCY MEDICAL EQUIP: FIRE 172.59 248.19 505267 8/14/2023 003072 RIVERSIDE AREA RAPE CRISIS FY22-23 CDBG Subrecipient - Crisis 1,860.69 1,860.69 CTR 505268 8/14/2023 009746 SIGNS BY TOMORROW SIGN POSTING: PA23-0115: PLNG 1,108.75 SIGN POSTING SVCS: PA23-0052 213.75 1,322.50 505269 8/14/2023 020275 WALLACE & ASSOC JUN CONST MGMT SVCS: CRC: 27,015.00 27,015.00 CONSULTING LLC, ANSER PW19-07 ADVISORY MNGMT LLC Grand total for EFT UNION BANK: 45,484.76 Page:1 apChkLst Final Check List Page: 2 08/10/2023 5:04:42PM CITY OF TEMECULA g checks in this report. Grand Total All Checks: 45,484.76 Paget apChkLst 08/15/2023 12:41:27PM Final Check List CITY OF TEMECULA Page: 1 Bank: eunion EFT UNION BANK Check # Date Vendor Description Amount Paid Check Total 505270 8/17/2023 012951 APPLIED DEVELOPMENT QUALITY OF LIFE MASTER PLAN: 30,812.85 30,812.85 ECONOMICS PLANNING 505271 8/17/2023 010804 FEHRAND PEERS OLD TOWN TECH BASED PARKING: 24,355.25 24,355.25 LR22-0857 505272 8/17/2023 022671 JFL ELECTRIC INC RET REL: CNSTRCTN CONTRACT 39,141.73 39,141.73 SVCS: FIBER 505273 8/17/2023 022664 MARIPOSATREE ANNUAL TREE TRIMMING: RIGHT OF 2,204.65 MANAGEMENT INC WAY ANNUAL TREE TRIMMING: RIGHT OF 1,837.58 ANNUAL TREE TRIMMING: RIGHT OF 221.55 4,263.78 505274 8/17/2023 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: LIBRARY 3,104.81 3,104.81 INC 505275 8/17/2023 021998 OLD TOWN TIRE AND SERVICE VEHICLE REPAIRS: STREETS: PW 3,620.47 3,620.47 INC 505276 8/17/2023 005075 PRUDENTIAL OVERALL SUPPLY UNIFORM SVCS: PARKS & STREETS: 1,233.78 PW FLOOR MATS/TOWEL RENTALS: CR( 941.45 UNIFORM SVCS: PARKS & STREETS 444.17 UNIFORM SVCS: STREETS: PW 293.64 UNIFORM SVCS: STREETS: PW 221.36 UNIFORM SVCS: PARKS MAINT: PW 171.19 3,305.59 505277 8/17/2023 008402 WESTERN RIVERSIDE CO REG, JUN '23 MSHCP PAYMENT 23,296.00 23,296.00 CONSERVATION AUTHORITY Grand total for EFT UNION BANK: 131,900.48 Page:1 apChkLst Final Check List Page: 2 08/15/2023 12:41:27PM CITY OF TEMECULA 8 checks in this report. Grand Total All Checks: 131,900.48 Paget apChkLst 08/15/2023 2:22:21PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK Check # Date Vendor Description Amount Paid Check Total 213089 8/15/2023 003951 ALL AMERICAN ASPHALT CONST CONTRACT SVC: PW21-06 287,363.46 287,363.46 213090 8/15/2023 004262 BIO TOX LABORATORIES PHLEBOTOMY SERVICES: TEM 1,592.09 1,592.09 SHERIFF 213091 8/15/2023 012627 CLEAR IMAGE ENTERPRISES WINDOW CLEANING SVCS: JRC 358.00 358.00 INC, DBA CLEAR IMAGE WINDOW CL 213092 8/15/2023 000164 ESGIL LLC JUN PLAN CK SVCS: COMDEV 22,835.58 22,835.58 213093 8/15/2023 011679 OAK GROVE INSTITUTE FY 22/23 COMMUNITY SERVICE 30,000.00 30,000.00 FOUNDATION FUNDING 213094 8/15/2023 002503 SOUTH COAST AIR QUALITY, FY 22/23 I C E ELEC GEN DIESIL: 504.91 504.91 MANAGEMENT DISTRICT LIBRARY 213095 8/15/2023 023253 TK CONSULTING INC CONSULTING SVCS: YNEZ RD 42,007.00 42,007.00 IMPROVEMENTS 213096 8/15/2023 022900 WESTERN SYSTEMS INC TRAFFIC SIGNAL EQUIP PRGM: 34,755.76 34,755.76 TRAFFIC: PW Grand total for UNION BANK: 419,416.80 Page:1 apChkLst Final Check List Page: 2 08/15/2023 2:22:21PM CITY OF TEMECULA 8 checks in this report. Grand Total All Checks: 419,416.80 Paget Check # Check Date Vendor # Vendor Description Invoice Net 300167 08/24/2023 2435 A LAU LANGUAGE LLC INTERPRETING SVCS: CITY CLERK $1,081.50 300127 08/17/2023 1206 AFLAC PREMIUM HOLDING C 0 BNB BANK LOCKBOX ACCIDENT INDEMNITY: PAYMENT $3,145.43 300170 08/24/2023 1236 ALL AMERICAN ASPHALT ASPHALT SUPPLIES, PW STREET MAINTENANCE $670.80 300170 08/24/2023 1236 ALL AMERICAN ASPHALT ASPHALT SUPPLIES, STREET MAINTENANCE-PW $525.79 300170 08/24/2023 1236 ALL AMERICAN ASPHALT ASPHALT SUPPLIES, STREET MAINTENANCE- PW $219.78 300170 08/24/2023 1236 ALL AMERICAN ASPHALT ASPHALT SUPPLIES, STREET MAINTENANCE- PW $995.58 300170 08/24/2023 1236 ALL AMERICAN ASPHALT ASPHALT SUPPLIES: STREET MAINT: PW $693.79 300041 08/10/2023 1154 ALL PRO BROADCASTING INC 4TH OF JULY SIMULCAST: TCSD $3,500.00 300042 08/10/2023 3176 ALL THE KINGS FLAGS FLAGS: VARIOUS PARKS & FACILITIES $1,663.20 300128 08/17/2023 2013 ALTA LANGUAGE SERVICES INC LANGUAGE SERVICES: HR $132.00 600046 08/10/2023 1418 AMAZON CAPITAL SERVICES INC MISC SUPPLES: CITY CLERK $84.64 600046 08/10/2023 1418 AMAZON CAPITAL SERVICES INC MISC SUPPLIES: COMM DEV $142.04 600046 08/10/2023 1418 AMAZON CAPITAL SERVICES INC MISC OFC SUPPLIES: ECO DEV $53.27 600046 08/10/2023 1418 AMAZON CAPITAL SERVICES INC MISC OFC SUPPLIES: AQUATICS $362.34 600046 08/10/2023 1418 AMAZON CAPITAL SERVICES INC MISC OFC SUPPLIES: TCSD $1,689.54 600046 08/10/2023 1418 AMAZON CAPITAL SERVICES INC MISC OFC SUPPLIES: INFO TECH $31.53 600077 08/17/2023 1418 AMAZON CAPITAL SERVICES INC MISC SUPPLIES/EQUIP: PW $251.06 600099 08/24/2023 1418 AMAZON CAPITAL SERVICES INC MISC SUPPLIES: MPSC & MRC $284.33 600099 08/24/2023 1418 AMAZON CAPITAL SERVICES INC MISC OFC SUPPLIES: CITY COUNCIL $47.59 600099 08/24/2023 1418 AMAZON CAPITAL SERVICES INC SUPPLIES: WORKFORCE DEVELOPMENT $878.81 300171 08/24/2023 1277 AMERICAN BATTERY CORPORATION BATTERIES: PW FACILITY MAINT $249.47 600100 08/24/2023 1261 AMERICAN FORENSIC NURSES AFN JUL STAND BY FEE: POLICE $1,485.90 600100 08/24/2023 1261 AMERICAN FORENSIC NURSES AFN SEP STAND BY FEE: POLICE $1,485.90 600100 08/24/2023 1261 AMERICAN FORENSIC NURSES AFN AUG STAND BY FEE: POLICE $1,485.90 300172 08/24/2023 2358 ANALYTICAL DESIGN SOLUTIONS INC KIOSK SOFTWARE RENEWAUCRC $306.00 600047 08/10/2023 1805 AQUA CHILL OF SAN DIEGO JUL DRINKING WTR SYS MAINT: POLICE $62.53 600078 08/17/2023 1805 AQUA CHILL OF SAN DIEGO DRINKING WATER SVCS: POLICE $62.53 600102 08/24/2023 1805 AQUA CHILL OF SAN DIEGO DRINKING WATER SYSTEM MAINT: THEATER $28.55 600102 08/24/2023 1805 AQUA CHILL OF SAN DIEGO DRINKING WATER SRVCS: IT $28.55 600101 08/24/2023 1805 AQUA CHILL OF SAN DIEGO DRINKING WATER SYSTEM MAINT: THEATER $28.55 600101 08/24/2023 1805 AQUA CHILL OF SAN DIEGO DRINKING WATER SYSTEM MAINT: FOC $28.55 600101 08/24/2023 1805 AQUA CHILL OF SAN DIEGO DRINKING WATER SYSTEM MAINT: CIVIC CTR $213.97 600101 08/24/2023 1805 AQUA CHILL OF SAN DIEGO DRINKING WATER SYSTEM MAINT: TVM $28.55 600101 08/24/2023 1805 AQUA CHILL OF SAN DIEGO DRINKING WATER SYSTEM MAINT: TCC $28.55 600101 08/24/2023 1805 AQUA CHILL OF SAN DIEGO DRINKING WATER SYSTEM MAINT: FACILITIES $29.36 600101 08/24/2023 1805 AQUA CHILL OF SAN DIEGO DRINKING WATER SYSTEM MAINT: TVM $28.55 600101 08/24/2023 1805 AQUA CHILL OF SAN DIEGO DRINKING WATER SYSTEM MAINT: MPSC $35.89 600101 08/24/2023 1805 AQUA CHILL OF SAN DIEGO DRINKING WATER SYSTEM MAINT: FOC $28.55 600101 08/24/2023 1805 AQUA CHILL OF SAN DIEGO DRINKING WATER SYSTEM MAINT: FACILITIES $28.55 300173 08/24/2023 1293 AQUA SOURCE INC POOL SUPPLIES AQUATICS: TCSD $8,541.23 300174 08/24/2023 2777 ARAMARK SERVICES INC BEVERAGE SERVICES, FACILITIES $336.82 300174 08/24/2023 2777 ARAMARK SERVICES INC BEVERAGE SERVICES, FACILITIES $367.34 300174 08/24/2023 2777 ARAMARK SERVICES INC BEVERAGE SERVICES, FACILITIES $122.10 300174 08/24/2023 2777 ARAMARK SERVICES INC BEVERAGE SERVICES, FACILITIES $83.93 300174 08/24/2023 2777 ARAMARK SERVICES INC BEVERAGE SERVICES, FACILITIES $79.13 300174 08/24/2023 2777 ARAMARK SERVICES INC BEVERAGE SERVICES, FACILITIES $1,035.38 300174 08/24/2023 2777 ARAMARK SERVICES INC BEVERAGE SERVICES, FACILITIES ($61.07) 600048 08/10/2023 2917 ARJONA, GLORIA BRAZILIAN & LATIN JAZZ 7/21 $779.85 300129 08/17/2023 2502 ARTHUR J GALLAGHER RISK MANAGMENT SRVCS INC FY 23/24 LIABILITY/PROP IS 7/1/2022-07/1/2023 $1,671,120.12 300175 08/24/2023 2502 ARTHUR J GALLAGHER RISK MANAGMENT SRVCS INC BROKERAGE FEE $53,000.00 600103 08/24/2023 1170 AUTOPARTSPROS LLC AUTO PARTS: STREET MAINT: PW $96.17 600103 08/24/2023 1170 AUTOPARTSPROS LLC AUTO PARTS: STREET MAINT: PW $375.00 600103 08/24/2023 1170 AUTOPARTSPROS LLC AUTO PARTS: STREET MAINT: PW $34.01 300130 08/17/2023 1669 BAKER AND TAYLOR INC BOOK COLLECTIONS: RHRTPL TCSD $89.05 300176 08/24/2023 1669 BAKER AND TAYLOR INC BOOK COLLECTIONS: RHRTPL TCSD $9.55 300177 08/24/2023 1909 BAMM PROMOTIONAL PRODUCTS INC BANNER: HELP CENTER: TCSD $117.45 600049 08/10/2023 3122 BEARD, RYAN TCSD INSTRUCTOR EARNINGS $1,164.63 600049 08/10/2023 3122 BEARD, RYAN TCSD INSTRUCTOR EARNINGS $840.00 600050 08/10/2023 3122 BEARD, RYAN TCSD INSTRUCTOR EARNINGS $504.00 600050 08/10/2023 3122 BEARD, RYAN TCSD INSTRUCTOR EARNINGS $672.00 600049 08/10/2023 3122 BEARD, RYAN TCSD INSTRUCTOR EARNINGS $1,260.00 600049 08/10/2023 3122 BEARD, RYAN TCSD INSTRUCTOR EARNINGS $1,459.50 600049 08/10/2023 3122 BEARD, RYAN TCSD INSTRUCTOR EARNINGS $1,260.00 600050 08/10/2023 3122 BEARD, RYAN TCSD INSTRUCTOR EARNINGS $756.00 600049 08/10/2023 3122 BEARD, RYAN TCSD INSTRUCTOR EARNINGS $840.00 600050 08/10/2023 3122 BEARD, RYAN TCSD INSTRUCTOR EARNINGS $756.00 600049 08/10/2023 3122 BEARD, RYAN TCSD INSTRUCTOR EARNINGS $840.00 600050 08/10/2023 3122 BEARD, RYAN TCSD INSTRUCTOR EARNINGS $588.00 600050 08/10/2023 3122 BEARD, RYAN TCSD INSTRUCTOR EARNINGS $672.00 600050 08/10/2023 3122 BEARD, RYAN TCSD INSTRUCTOR EARNINGS $672.00 Check # Check Date Vendor# Vendor Description Invoice Net 600050 08/10/2023 3122 BEARD,RYAN TCSD INSTRUCTOR EARNINGS $756.00 600050 08/10/2023 3122 BEARD,RYAN TCSD INSTRUCTOR EARNINGS $588.00 600049 08/10/2023 3122 BEARD,RYAN TCSD INSTRUCTOR EARNINGS $1,750.00 600049 08/10/2023 3122 BEARD,RYAN TCSD INSTRUCTOR EARNINGS $1,666.00 600049 08/10/2023 3122 BEARD,RYAN TCSD INSTRUCTOR EARNINGS $1,960.00 300131 08/17/2023 3216 BEUAN GERALD LIABILITY CLAIM SETTLEMENT $261.60 300178 08/24/2023 3190 BENNER SHAYLI PERF: ART NIGHTS MUSIC: 8/4/23. $375.00 300043 08/10/2023 2935 BETTS, KENNETH TCSD INSTRUCTOR EARNINGS $857.50 300043 08/10/2023 2935 BETTS, KENNETH TCSD INSTRUCTOR EARNINGS $612.50 300043 08/10/2023 2935 BETTS, KENNETH TCSD INSTRUCTOR EARNINGS $525.00 300132 08/17/2023 2935 BETTS, KENNETH TCSD INSTRUCTOR EARNINGS $612.50 300132 08/17/2023 2935 BETTS, KENNETH TCSD INSTRUCTOR EARNINGS $1,050.00 300132 08/17/2023 2935 BETTS, KENNETH TCSD INSTRUCTOR EARNINGS $612.50 600104 08/24/2023 1101 BLUETRITON BRANDS INC WATER SERVICE: HELP CTR: PW $131.18 600104 08/24/2023 1101 BLUETRITON BRANDS INC WATER SERVICES: TVE2 $140.24 600104 08/24/2023 1101 BLUETRITON BRANDS INC WATER DELIVERY SVCS: TESC POOL: PW $21.74 600104 08/24/2023 1101 BLUETRITON BRANDS INC WATER DELIVERY SVCS: PBSP: PW $91.58 600104 08/24/2023 1101 BLUETRITON BRANDS INC WATER DELIVERY SVCS: TES POOL: PW $11.95 300179 08/24/2023 3221 BOWERS CHRISTOPHER NATIONAL SCHOOL SAFETY CONFERENCE: POLICE $624.91 600105 08/24/2023 2415 BRAUN PETER JUL PLANTSCAPE SVC: LIBRARY $200.00 600105 08/24/2023 2415 BRAUN PETER JUL PLANTSCAPE SVC: CIVIC CTR $500.00 300044 08/10/2023 1201 BROADCAST MUSIC INC OLD TOWN MUSIC LICENSE COPYWRIGHT: TCSD $173.00 600051 08/10/2023 2622 BROWN JAMAL DEON TCSD INSTRUCTOR EARNINGS $455.00 600051 08/10/2023 2622 BROWN JAMAL DEON TCSD INSTRUCTOR EARNINGS $2,030.00 600079 08/17/2023 2622 BROWN JAMAL DEON TCSD INSTRUCTOR EARNINGS $997.50 600052 08/10/2023 2399 BUCHER BRET PHILLIP TCSD INSTRUCTOR EARNINGS $1,680.00 600052 08/10/2023 2399 BUCHER BRET PHILLIP TCSD INSTRUCTOR EARNINGS $1,039.50 600052 08/10/2023 2399 BUCHER BRET PHILLIP TCSD INSTRUCTOR EARNINGS $560.00 600052 08/10/2023 2399 BUCHER BRET PHILLIP TCSD INSTRUCTOR EARNINGS $1,024.80 600052 08/10/2023 2399 BUCHER BRET PHILLIP TCSD INSTRUCTOR EARNINGS $693.00 600052 08/10/2023 2399 BUCHER BRET PHILLIP TCSD INSTRUCTOR EARNINGS $756.00 600052 08/10/2023 2399 BUCHER BRET PHILLIP TCSD INSTRUCTOR EARNINGS $1,540.00 600080 08/17/2023 2399 BUCHER BRET PHILLIP TCSD INSTRUCTOR EARNINGS $1,540.00 300133 08/17/2023 1190 CAL MAT ASPHALT SUPPLIES: PW STREET MAINT $677.75 300133 08/17/2023 1190 CAL MAT ASPHALT SUPPLIES: PW STREET MAINT $501.82 300133 08/17/2023 1190 CAL MAT ASPHALT SUPPLIES: PW STREET MAINT $247.83 300133 08/17/2023 1190 CAL MAT ASPHALT SUPPLIES: PW STREET MAINT $204.13 300133 08/17/2023 1190 CAL MAT ASPHALT SUPPLIES: PW STREET MAINT $206.08 300180 08/24/2023 1190 CAL MAT ASPHALT SUPPLIES: PW STREET MAINT $303.68 300180 08/24/2023 1190 CAL MAT ASPHALT SUPPLIES: PW STREET MAINT $642.06 300181 08/24/2023 1190 CAL MAT ASPHALT SUPPLIES: PW STREET MAINT $207.06 300181 08/24/2023 1190 CAL MAT ASPHALT SUPPLIES: PW STREET MAINT $206.08 300182 08/24/2023 1612 CALIF DEPT OF INDUSTRIAL RELATIONS 143027 ELEVATOR INSP:41000 MAIN ST S $225.00 300182 08/24/2023 1612 CALIF DEPT OF INDUSTRIAL RELATIONS 143026 ELEVATOR INSP:41000 MAIN ST S $225.00 300182 08/24/2023 1612 CALIF DEPT OF INDUSTRIAL RELATIONS 143028 ELEVATOR INSP:41000 MAIN ST S $225.00 300045 08/10/2023 1291 CALIF NARCOTIC OFFICERS ASSN STAFF TRAINING: POLICE $350.00 300045 08/10/2023 1291 CALIF NARCOTIC OFFICERS ASSN STAFF TRAINING: POLICE $350.00 300183 08/24/2023 2465 CALIF NEWSPAPERS PARTNERSHIP LEGAL NEWSPAPER PUBLICATIONS: CITY CLERK $2,016.75 300046 08/10/2023 1332 CANON FINANCIAL SERVICES INC 11 CANON COPIERS LEASE:TEM PUB LIBRARY $671.56 300134 08/17/2023 2295 CANTRELL, TINA J TCSD INSTRUCTOR EARNINGS $315.00 300184 08/24/2023 1151 CASTLE AMUSEMENT PARK SDC TEEN EXCURSION: TCSD $696.64 300047 08/10/2023 3207 CAVENAUGH WILLIAM J DUI SEMINAR: STAFF TRAINING $620.00 300185 08/24/2023 2818 CCS SAN DIEGO JANITORIAL INC JANITORIAL SERVICES: OTSF $616.04 300048 08/10/2023 1280 CDW LLC MISC SMALL TOOLS & EQUIP:IT $850.34 300048 08/10/2023 1280 CDW LLC MISC SMALL TOOLS & EQUIP:IT $317.70 300186 08/24/2023 1280 CDW LLC MISC SMALL TOOLS & EQUIP:IT $36.81 300186 08/24/2023 1280 CDW LLC MISC SMALL TOOLS & EQUIP:IT $580.86 300049 08/10/2023 2373 CELLEBRITE INC STAFF TRAINING: POLICE $4,200.00 300049 08/10/2023 2373 CELLEBRITE INC STAFF TRAINING: POLICE $4,200.00 300187 08/24/2023 2373 CELLEBRITE INC STAFF TRAINING $4,200.00 300188 08/24/2023 2153 CERTIFIED ACCESS SPECIALIST INSTITUTE MEMBERSHIP DUES: BLDG & SAFETY $180.00 300188 08/24/2023 2153 CERTIFIED ACCESS SPECIALIST INSTITUTE MEMBERSHIP DUES: BLDG & SAFETY $180.00 300050 08/10/2023 2283 CLARIS INTERNATIONAL INC FILEMAKER LICENSING:PUBLIC WORKS $2,405.00 300189 08/24/2023 2144 CODE 5 GROUP LLC GPS TRACKING SERVICES $4,800.00 600106 08/24/2023 3043 COMMERCIAL CLEANING BY ROGERS JULJANITORIAL SERVICES: OTSF AND MALL $814.77 300051 08/10/2023 3060 COMPLETE OFFICE OF CALIFORNIA INC MISC OFC SUPPLIES: COM DEV $360.02 300052 08/10/2023 3060 COMPLETE OFFICE OF CALIFORNIA, INC OFFICE SUPPLIES: CODE ENFORCEMENT $208.01 300052 08/10/2023 3060 COMPLETE OFFICE OF CALIFORNIA, INC OFFICE SUPPLIES: BLDG & SAFETY $128.01 300052 08/10/2023 3060 COMPLETE OFFICE OF CALIFORNIA, INC MISC OFC SUPPLIES: COM DEV $188.90 300190 08/24/2023 3060 COMPLETE OFFICE OF CALIFORNIA, INC MISC OFC SUPPLIES: PLANNING $403.95 Check # Check Date Vendor # Vendor Description Invoice Net 600107 08/24/2023 1046 COMPUTER ALERT SYSTEMS CHANGE BATTERIES SVC CALLS: FACILITIES $565.03 600107 08/24/2023 1046 COMPUTER ALERT SYSTEMS FIRE ALARM SVC CALLS: FACILITIES $331.16 600107 08/24/2023 1046 COMPUTER ALERT SYSTEMS FIRE ALARM SVC CALLS: LIBRARY $180.00 600107 08/24/2023 1046 COMPUTER ALERT SYSTEMS FIRE ALARM MONITORING: FACILITIES $6,000.00 300053 08/10/2023 1605 CONSTANT CONTACT INC CONSTANT CONTACT ANNUAL RENEWAL: IT $8,467.80 600053 08/10/2023 1771 COSSOU, CELINE TCSD INSTRUCTOR EARNINGS $1,137.50 600053 08/10/2023 1771 COSSOU, CELINE TCSD INSTRUCTOR EARNINGS $1,344.00 600053 08/10/2023 1771 COSSOU, CELINE TCSD INSTRUCTOR EARNINGS $728.00 600053 08/10/2023 1771 COSSOU, CELINE TCSD INSTRUCTOR EARNINGS $952.00 600053 08/10/2023 1771 COSSOU, CELINE TCSD INSTRUCTOR EARNINGS $728.00 600053 08/10/2023 1771 COSSOU, CELINE TCSD INSTRUCTOR EARNINGS $728.00 600053 08/10/2023 1771 COSSOU, CELINE TCSD INSTRUCTOR EARNINGS $560.00 600081 08/17/2023 1771 COSSOU, CELINE TCSD INSTRUCTOR EARNINGS $1,137.50 600081 08/17/2023 1771 COSSOU, CELINE TCSD INSTRUCTOR EARNINGS $1,050.00 600081 08/17/2023 1771 COSSOU, CELINE TCSD INSTRUCTOR EARNINGS $2,012.50 300054 08/10/2023 1849 COSTAR REALTY INFORMATION INC COMMERCIAL REAL ESTATE MONTHLY SUBSCRIPTION $1,296.00 300191 08/24/2023 1849 COSTAR REALTY INFORMATION INC AUG'23 WEB SUBSCRIPTION: ECO DEV $1,296.00 300055 08/10/2023 1098 COSTCO TEMECULA 491 MISC SUPPLIES: FACS: PW $351.05 300192 08/24/2023 1098 COSTCO TEMECULA 491 HOSPITALITY/OFFICE SUPPLIES: THEATER: TCSD $234.93 300056 08/10/2023 1268 COSTCO TEMECULA 491 MISC SUPPLIES: SUMMER FOOD PRGM $691.57 300135 08/17/2023 1268 COSTCO TEMECULA 491 MISC SUPPLIES: MRC, MPSC & SFSP $310.23 600082 08/17/2023 2004 COX KRISTI TCSD INSTRUCTOR EARNINGS $385.00 600082 08/17/2023 2004 COX KRISTI TCSD INSTRUCTOR EARNINGS $280.00 600054 08/10/2023 2004 COX, KRISTI LYN TCSD INSTRUCTOR EARNINGS $280.00 600054 08/10/2023 2004 COX, KRISTI LYN TCSD INSTRUCTOR EARNINGS $350.00 600054 08/10/2023 2004 COX, KRISTI LYN TCSD INSTRUCTOR EARNINGS $168.00 600054 08/10/2023 2004 COX, KRISTI LYN TCSD INSTRUCTOR EARNINGS $270.00 300057 08/10/2023 1956 CRASH DATA GROUP INC ANNUAL SOFTWARE SUBSCRIPTION: PD $2,799.56 600055 08/10/2023 1096 DANS FEED AND SEED INC SUPPLIES: STREET MAINT: PW $153.01 600083 08/17/2023 1096 DANS FEED AND SEED INC SUPPLIES: STREET MAINTENANCE: PW $35.70 600083 08/17/2023 1096 DANS FEED AND SEED INC SUPPLIES: STREET MAINTENANCE: PW $5.10 600056 08/10/2023 1235 DIAMOND ENVIRONMENTAL SERVICES PORTABLE RESTROOMS: 30755 AULD RD: PD $132.09 600108 08/24/2023 1235 DIAMOND ENVIRONMENTAL SERVICES PORTABLE RESTROOM RENTALS: PARKS $165.88 600108 08/24/2023 1235 DIAMOND ENVIRONMENTAL SERVICES PORTABLE RESTROOM RENTALS: PARKS $110.88 600108 08/24/2023 1235 DIAMOND ENVIRONMENTAL SERVICES PORTABLE RESTROOM RENTALS: PARKS $110.88 600108 08/24/2023 1235 DIAMOND ENVIRONMENTAL SERVICES PORTABLE RESTROOM RENTALS: PARKS $110.88 600057 08/10/2023 1254 DOWNS ENERGY FUEL FUELD FOR CITY VEHICLES: LAND DEV: PW $124.12 600057 08/10/2023 1254 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: BLDG & SAFETY $115.30 600057 08/10/2023 1254 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: CODE ENFORCEMENT $121.15 600057 08/10/2023 1254 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: LAND DEV: PW $62.17 600057 08/10/2023 1254 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: CODE ENFORCEMENT $112.11 600057 08/10/2023 1254 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: BUILDING & SAFETY $476.44 600057 08/10/2023 1254 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: POLICE $100.88 600058 08/10/2023 1254 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: POLICE $40.02 600057 08/10/2023 1254 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: TCSD $313.90 600057 08/10/2023 1254 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: CODE ENFORCEMENT $127.93 600057 08/10/2023 1254 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: BLDG & SAFETY $454.23 600084 08/17/2023 1254 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: FIRE $270.91 600084 08/17/2023 1254 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: TRAFFIC $215.07 600084 08/17/2023 1254 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: EOC $67.63 600084 08/17/2023 1254 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: FIRE DEPT $251.70 600084 08/17/2023 1254 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: TRAFFIC $300.93 600084 08/17/2023 1254 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: STREETS $2,414.89 600084 08/17/2023 1254 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: FIRE DEPT $222.99 600084 08/17/2023 1254 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: PARKS $2,304.22 600109 08/24/2023 1254 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: STREET MAINT: PW $2,119.88 600109 08/24/2023 1254 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: TRAFFIC: PW $599.97 600109 08/24/2023 1254 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: TCSD $143.38 600109 08/24/2023 1254 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: BLDG INSPECTORS $389.20 600109 08/24/2023 1254 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: CODE ENFORCEMENT $180.18 600110 08/24/2023 1254 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: POLICE $23.05 600109 08/24/2023 1254 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: PARKS: PW $2,421.42 600109 08/24/2023 1254 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: CIP: PW $169.68 600109 08/24/2023 1254 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: CIP: PW $287.93 600109 08/24/2023 1254 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: LAND DEV $63.48 600109 08/24/2023 1254 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: CIP $296.90 300136 08/17/2023 2689 DS SERVICES OF AMERICA INC, SPARKLETTS WATER DELIVERY: CMO $79.13 300058 08/10/2023 1040 ECONOMIC DEVELOPMENT CORP OF SW CALIFORNIA EDC ECONOMIC DEVELOPMENT SPONSORSHIP FUNDING $30,000.00 300059 08/10/2023 3210 EMH SPORTS USA INC TCSD INSTRUCTOR EARNINGS $1,120.00 300263 08/24/2023 3240 EMP#00412 REIMB:UNIFORMS $172.27 Check # Check Date Vendor # Vendor Description Invoice Net 600132 08/24/2023 1514 EMP #00427 REIMB: THEATER SUPPLIES: TCSD $130.85 300108 08/14/2023 1670 EM P #00438 REIMB: ESRI USER CONF: INFO TECH $1,727.37 300155 08/17/2023 2266 EMP #00529 REFRESHMENTS: PTSC COMMISSION $65.55 300168 08/24/2023 2371 EMP #00532 RFSHMNTS: COMMUNITY MEETING: CIP: PW $31.96 300168 08/24/2023 2371 EMP #00532 CERTIFICATE RENEWAL: QUALIFIED SWPPP DEVELOPER $125.00 300101 08/14/2023 3203 EMP#00570 REIMB: ESRI USER CONF: INFO TECH $1,395.13 300195 08/24/2023 2544 EMP #00594 RFRSHMNTS: HEARING CONSERVATION TESTING $51.50 300248 08/24/2023 3079 EMP#00620 REIMB: ICC PERMIT TECH CERT: COMM DEV $369.00 300062 08/10/2023 3058 EMP #00637 PE CIVIL COURSE & EXAM $1,210.50 600111 08/24/2023 1525 ENNIS FLINT INC STREET MAINTENANCE SUPPLIES: PW $3,571.03 300137 08/17/2023 3183 EVOLPHIN SOFTWARE INC DIGITIAL ASSET MANAGEMENT SOFTWARE: IT $44,910.00 300060 08/10/2023 1005 FEDERAL EXPRESS INC EXPRESS MAIL SVCS: PLANNING $8.17 300060 08/10/2023 1005 FEDERAL EXPRESS INC EXPRESS MAIL SVCS: FIRE DEPT $8.97 300138 08/17/2023 1005 FEDERAL EXPRESS INC EXPRESS MAIL SVCS: THEATER: TCSD $11.58 300138 08/17/2023 1005 FEDERAL EXPRESS INC EXPRESS MAIL SVCS: CIP: PW $8.17 300193 08/24/2023 1005 FEDERAL EXPRESS INC EXPRESS MAILING SVCS: CIP: PW $22.66 300193 08/24/2023 1005 FEDERAL EXPRESS INC EXPRESS MAIL SVCS: CODE ENFORCEMENT $30.34 300193 08/24/2023 1005 FEDERAL EXPRESS INC EXPRESS MAIL SVCS: CODE ENFORCEMENT $371.91 600112 08/24/2023 1219 FINE ARTS NETWORK STTLMNT: LITTLE MERMAID 7/21-8/6 $26,333.25 300061 08/10/2023 1006 FIRST AMERICAN TITLE COMPANY TITLE REPORT FOR EMPIRE CREEK PARCELS APN $1,500.00 30094 08/24/2023 1006 FIRST AMERICAN TITLE COMPANY OVERLAND DRIVE WIDENING: PW 20-11 $2,500.00 300139 08/17/2023 1176 FRANCHISE TAX BOARD ACCOUNT# 573931267 $50.00 300139 08/17/2023 1176 FRANCHISE TAX BOARD ACCOUNT# 573931267 $50.00 300140 08/17/2023 1176 FRANCHISE TAX BOARD SUPPORT PAYMENT $50.00 300196 08/24/2023 2067 FRONTIER CALIFORNIA INC JUL INTERNET SVCS: CIVIC CTR $857.22 300197 08/24/2023 1497 FULL COMPASS SYSTEMS SOUND/LIGHTING & MISC SUPPLIES: THEATER $651.38 300197 08/24/2023 1497 FULL COMPASS SYSTEMS SOUND/LIGHTING & MISC SUPPLIES: THEATER $155.50 300197 08/24/2023 1497 FULL COMPASS SYSTEMS SOUND/LIGHTING & MISC SUPPLIES: THEATER $95.03 300063 08/10/2023 1932 FUN EXPRESS LLC MISC SUPPLIES: SPECIAL EVENTS: TCSD $2,605.78 300198 08/24/2023 1121 GALLS LLC UNIFORMS: TEM SHERIFF $450.40 300199 08/24/2023 2374 GEORGE HILLS COMPANY INC CLAIMS ADMINISTRATION: HR $3,811.80 300141 08/17/2023 1813 GODS FAN CLUB CDBG: RENTAL ASSISTANCE: MILLER $2,310.00 300200 08/24/2023 1813 GODS FAN CLUB CDBG: RENTAL ASSISTANCE: MILLER $1,988.00 300201 08/24/2023 1554 GOFORTH & MARTI OFFICE CHAIR REPLACEMENT:IT $1,393.96 300064 08/10/2023 1523 GOLDEN VALLEY MUSIC SOCIETY CLASSICS @ THE MERC 7/9 & 7/23 $567.00 300202 08/24/2023 1523 GOLDEN VALLEY MUSIC SOCIETY PERFORMANCE: THEATER: TCSD $7,600.00 600059 08/10/2023 1905 GOVERNMENT JOBS.COM INC USER LICENSE NEOGOV RENEWAL:HR $61,412.33 600059 08/10/2023 1905 GOVERNMENT JOBS.COM INC POWER POLICY SUBSCRIPTIOWHR $9,217.64 300065 08/10/2023 1009 HANKS HARDWARE INC MISC MAINT SUPPLIES: STREETS: PW $888.10 300065 08/10/2023 1009 HANKS HARDWARE INC MISC MAINT SUPPLIES: TRAFFIC: PW $355.72 300065 08/10/2023 1009 HANKS HARDWARE INC MISC MAINT SUPPLIES: SPORTS: TCSD $2,289.96 300142 08/17/2023 1009 HANKS HARDWARE INC MISC MAINT SUPPLIES: CRC $153.56 300142 08/17/2023 1009 HANKS HARDWARE INC MISC MAINT SUPPLIES: THEATER $271.51 300142 08/17/2023 1009 HANKS HARDWARE INC MISC MAINT SUPPLIES: MPSC $4.45 300142 08/17/2023 1009 HANKS HARDWARE INC MISC MAINT SUPPLIES: TCC $66.79 300142 08/17/2023 1009 HANKS HARDWARE INC MISC MAINT SUPPLIES: AQUATICS $212.99 300142 08/17/2023 1009 HANKS HARDWARE INC MISC MAINT SUPPLIES: LIBRARY $113.53 300142 08/17/2023 1009 HANKS HARDWARE INC MISC MAINT SUPPLIES: CIP: PW $39.08 300203 08/24/2023 3220 HANSEN RYAN REIMB: DUI SEMINAR $216.65 300204 08/24/2023 3230 HARDING EDWARD REIMB: NATLSAFETY CONFERENCE $461.76 300066 08/10/2023 3202 HAZERIAN ALICIA REFUND: LIBRARY: TCSD $26.99 600113 08/24/2023 1056 HDL COREN AND CONE JUL-SEP PROPERTY TAX CONSULTING: FINANCE $6,859.34 300169 08/24/2023 1110 HEALTH AND HUMAN RESOURCE CENTER INC EMPLOYEE ASSISTANCE PRGM: HR $1,877.90 300169 08/24/2023 1110 HEALTH AND HUMAN RESOURCE CENTER INC EMPLOYEE ASSISTANCE PRGM: HR $1,877.90 600085 08/17/2023 1093 HEALTHPOINTE MEDICAL GROUP INC MED EMPLOYMENT SCREENING: HR $100.00 300143 08/17/2023 3102 HELEN G MARCUS HELEN GLAZER ARTIST TVM GALLERY TALK PRESENTER $200.00 300098 08/14/2023 1791 HELIXSTORM INC HPE TECH CARE DL360S AND MSA:UBRARY $6,900.00 300098 08/14/2023 1791 HELIXSTORM INC NIMBLE HPE TECH CARE RENEWAL: INFO TECH $70,197.42 300098 08/14/2023 1791 HELIXSTORM INC TERADICI DESKTOP ACCESS: TEM PUB LIB $2,250.00 300099 08/14/2023 1192 HOME DEPOT MISC SUPPLIES: TVM: TCSD $6.56 300099 08/14/2023 1192 HOME DEPOT MISC SUPPLIES: TVM: TCSD $105.08 300099 08/14/2023 1192 HOME DEPOT HARDWARE SUPPLIES: PW $199.21 300144 08/17/2023 1192 HOME DEPOT SUPPLIES: HISTORY DAY: TVM: TCSD $40.73 300144 08/17/2023 1192 HOME DEPOT SUPPLIES: ARTWORK: TVM: TCSD $23.77 300205 08/24/2023 1192 HOME DEPOT, THE LIGHTING/SOUND SUPPLIES -THEATER $626.84 300206 08/24/2023 2786 INDUSTRIAL HEARING & PULMONARY MGT EMPLOYEE HEARING TESTING: RM $1,200.00 300100 08/14/2023 2353 INLAND EMPIRE FILM SVCS INC ECONOMIC DEVELOPMENT SPONSORSHIP FUNDING $6,000.00 300207 08/24/2023 1533 INLAND VALLEY CLASSICAL BALLET THEATRE STTLMNT: CINDERELLA 08/12-08/13 $7,670.89 300145 08/17/2023 3035 INTERFLEX PAYMENT LLC FSA/COBRA: HR $453.75 300145 08/17/2023 3035 INTERFLEX PAYMENT LLC FSA/COBRA: HR $457.00 Check # Check Date Vendor # Vendor Description Invoice Net 300208 08/24/2023 3035 INTERFLEX PAYMENT LLC FSA REIMBURSEMENT PAYMENT $25,334.11 300208 08/24/2023 3035 INTERFLEX PAYMENT LLC CHILD CARE REIMBURSEMENT FSA PAYMENT $26,334.11 600114 08/24/2023 1719 JACOBS HOUSE INC UNITED WAY CONTRIBUTIONS $40.00 600114 08/24/2023 1719 JACOBS HOUSE INC UNITED WAY CONTRIBUTIONS $40.00 300146 08/17/2023 3095 JAVIER I GONZALEZ HVAC SUPPLES: FACILITY MAINT/senior center $598.06 300209 08/24/2023 3095 JAVIER I GONZALEZ HVAC SUPPLES: FACILITY MAINT $1,520.76 300209 08/24/2023 3095 JAVIER I GONZALEZ HVAC SUPPLES: FACILITY MAINT $717.72 300209 08/24/2023 3095 JAVIER I GONZALEZ HVAC SUPPLES: FACILITY MAINT $723.14 600060 08/10/2023 1683 JOHNSTONE SUPPLY PLUMBING SUPPLIES, FACILITY MAINTENANCE $95.40 600060 08/10/2023 1683 JOHNSTONE SUPPLY PLUMBING SUPPLIES, FACILITY MAINTENANCE $95.40 300102 08/14/2023 2475 JP HANDMADE CORP BUSINESS CARDS: TCSD $169.28 300102 08/14/2023 2475 JP HANDMADE CORP BUSINESS CARDS: TCSD $65.50 300210 08/24/2023 2475 JP HANDMADE CORP BUSINESS CARDS: HR $163.64 300210 08/24/2023 2475 JP HANDMADE CORP BUSINESS CARDS: CODE ENFORCEMENT $108.29 300103 08/14/2023 1933 KELLY SPICERS INC MISC PAPER SUPPLIES: CENTRAL SVCS $407.68 300104 08/14/2023 2499 KNOWBE4INC STAFF TRAINING:CITYWIDE $263.75 300211 08/24/2023 1975 KRACH BREE B NAME BADGE:CITY CLERK $8.70 300211 08/24/2023 1975 KRACH BREE B WORKFORCE PROGRAM AWARDS:TCSD $56.55 300212 08/24/2023 1793 LA JOLLA BOOKING AGENCY REFUND: SEC DEP: THEATER $500.00 300105 08/14/2023 1840 LANAIR GROUP LLC MITEL CLOUD BACKUP:IT $1,920.00 300105 08/14/2023 1840 LANAIR GROUP LLC MITEL ANNUAL PARTNER SUPPORT:IT $25,751.58 300106 08/14/2023 3198 LOOMIS ARMORED US LLC ARMORED CAR SVCS: FINANCE $1,124.51 300213 08/24/2023 3218 LUCAS PRETI HARD DRIVES STOC VIDEOS $440.00 300107 08/14/2023 1302 M AND J PAUL ENTERPRISES INC JUMPER GAME RENTALS: SPECIAL EVENTS: TCSD $3,550.00 300214 08/24/2023 1806 M C I COMM SERVICE JUL 7DK89878 XXX-0714 USAGE MALL PD $35.76 300214 08/24/2023 1806 M C I COMM SERVICE JUL 7DK90589 XXX-3046 GEN USAGE $34.58 300215 08/24/2023 3228 MAHABUB ALAM REFUND: SEC DEPOSIT & RENTAL $410.00 300216 08/24/2023 1224 MAIN STREET SIGNS VARIOUS SIGNS & SUPPLIES: STREET MAINT $56.01 300216 08/24/2023 1224 MAIN STREET SIGNS VARIOUS SIGNS & SUPPLIES: STREET MAINT $59.81 300216 08/24/2023 1224 MAIN STREET SIGNS VARIOUS SIGNS & SUPPLIES: STREET MAINT $755.81 300216 08/24/2023 1224 MAIN STREET SIGNS VARIOUS SIGNS & SUPPLIES: STREET MAINT $2,237.42 300216 08/24/2023 1224 MAIN STREET SIGNS VARIOUS SIGNS & SUPPLIES: STREET MAINT $4,264.53 600115 08/24/2023 1250 MAINTEX INC JANITORIAL SUPPLIES: FACILITY MAINT $706.66 600061 08/10/2023 1243 MANALILI DE VILLA AILEEN TCSD INSTRUCTOR EARNINGS $504.00 600061 08/10/2023 1243 MANALILI DE VILLA AILEEN TCSD INSTRUCTOR EARNINGS $420.00 600061 08/10/2023 1243 MANALILI DE VILLA AILEEN TCSD INSTRUCTOR EARNINGS $231.00 600061 08/10/2023 1243 MANALILI DE VILLA AILEEN TCSD INSTRUCTOR EARNINGS $336.00 600061 08/10/2023 1243 MANALILI DE VILLA AILEEN TCSD INSTRUCTOR EARNINGS $483.00 300109 08/14/2023 2071 MEMORABLE BITES LLC REFRESHMENTS: SDC MEAL 7/27 $1,060.60 300147 08/17/2023 3201 MENDOZA NOLAN REFUND: FEES FRIENDSHIP PARK FIBER OPTIC $942.25 300148 08/17/2023 1185 MET LIFE INSURANCE COMPANY DENTAL HMO: PAYMENT $14,886.51 300148 08/17/2023 1185 MET LIFE INSURANCE COMPANY DENTAL HMO: PAYMENT $14,578.84 600086 08/17/2023 1327 MIKES PRECISION WELDING INC FAB/INSTALL SHELF DIVIDERS: FOC $1,280.00 600116 08/24/2023 1795 MIKO MOUNTAINLION INC ROCK SLIDE MITIGATION: RAINBOW CANYON $59,006.00 600062 08/10/2023 1681 MIRANDA, JULIO C TCSD INSTRUCTOR EARNINGS $1,323.00 600062 08/10/2023 1681 MIRANDA, JULIO C TCSD INSTRUCTOR EARNINGS $420.00 600062 08/10/2023 1681 MIRANDA, JULIO C TCSD INSTRUCTOR EARNINGS $105.00 600062 08/10/2023 1681 MIRANDA, JULIO C TCSD INSTRUCTOR EARNINGS $184.80 600063 08/10/2023 1241 MISSION ELECTRIC SUPPLY INC ELECTRICAL SUPPLIES: FACILITIES: PW $7.05 600087 08/17/2023 1241 MISSION ELECTRIC SUPPLY INC ELECTRICAL SUPPLIES: SENIOR CENTER: PW $494.03 600087 08/17/2023 1241 MISSION ELECTRIC SUPPLY INC ELECTRICAL SUPPLIES:TVE2: PW $4,962.26 600087 08/17/2023 1241 MISSION ELECTRIC SUPPLY INC ELECTRICAL SUPPLIES: CRC: PW $102.71 600087 08/17/2023 1241 MISSION ELECTRIC SUPPLY INC ELECTRICAL SUPPLIES: LIBRARY: PW $38.51 600087 08/17/2023 1241 MISSION ELECTRIC SUPPLY INC ELECTRICAL SUPPLIES: FACILITIES: PW $89.07 600087 08/17/2023 1241 MISSION ELECTRIC SUPPLY INC ELECTRICAL SUPPLIES: FACILITIES: PW $1,697.51 600087 08/17/2023 1241 MISSION ELECTRIC SUPPLY INC ELECTRICAL SUPPLIES: THEATER: PW $171.35 600087 08/17/2023 1241 MISSION ELECTRIC SUPPLY INC ELECTRICAL SUPPLIES: PARKS $69.80 600117 08/24/2023 1241 MISSION ELECTRIC SUPPLY INC ELECTRICAL SUPPLIES: TCC $236.23 600117 08/24/2023 1241 MISSION ELECTRIC SUPPLY INC ELECTRICAL SUPPLIES: THEATER: PW $353.33 600117 08/24/2023 1241 MISSION ELECTRIC SUPPLY INC ELECTRICAL SUPPLIES: TPL: PW $65.33 600117 08/24/2023 1241 MISSION ELECTRIC SUPPLY INC ELECTRICAL SUPPLIES: THEATER: PW $49.16 600117 08/24/2023 1241 MISSION ELECTRIC SUPPLY INC ELECTRICAL SUPPLIES: CITY HALL: PW $4.13 600117 08/24/2023 1241 MISSION ELECTRIC SUPPLY INC ELECTRICAL SUPPLIES: TPL: PW $35.84 600117 08/24/2023 1241 MISSION ELECTRIC SUPPLY INC ELECTRICAL SUPPLIES: HAVESTON LAKE PARK $34.05 600117 08/24/2023 1241 MISSION ELECTRIC SUPPLY INC ELECTRICAL SUPPLIES: EOC $146.26 600064 08/10/2023 1240 MORAMARCO ANTHONY 1 2ND SAT ART ROOM: TVM $400.00 600064 08/10/2023 1240 MORAMARCO ANTHONY J COMMUNITY MURAL PROJ: TCSD $750.00 600064 08/10/2023 1240 MORAMARCO ANTHONY J TCSD INSTRUCTOR EARNINGS $1,736.00 600088 08/17/2023 1240 MORAMARCO ANTHONY J TCSD INSTRUCTOR EARNINGS $126.00 600088 08/17/2023 1240 MORAMARCO ANTHONY J TCSD INSTRUCTOR EARNINGS $759.50 Check # 600088 600088 600088 600088 600118 600065 600119 600066 600120 600120 300217 300218 600089 600089 600121 600122 600121 600121 600121 600121 600121 600121 600121 600121 600121 300219 300220 300220 300221 300222 300223 300223 300223 300223 600090 600090 600090 600090 600090 600090 600090 600090 600090 600090 600090 600090 600090 600090 600123 600123 600123 600123 600123 600123 600123 600123 600123 300224 300110 300225 300097 300226 300227 300227 600124 600124 600124 300149 300228 300150 Check Date 08/17/2023 08/17/2023 08/17/2023 08/17/2023 08/24/2023 08/10/2023 08/24/2023 08/10/2023 08/24/2023 08/24/2023 08/24/2023 08/24/2023 08/17/2023 08/17/2023 08/24/2023 08/24/2023 08/24/2023 08/24/2023 08/24/2023 08/24/2023 08/24/2023 08/24/2023 08/24/2023 08/24/2023 08/24/2023 08/24/2023 08/24/2023 08/24/2023 08/24/2023 08/24/2023 08/24/2023 08/24/2023 08/24/2023 08/24/2023 08/17/2023 08/17/2023 08/17/2023 08/17/2023 08/17/2023 08/17/2023 08/17/2023 08/17/2023 08/17/2023 08/17/2023 08/17/2023 08/17/2023 08/17/2023 08/17/2023 08/24/2023 08/24/2023 08/24/2023 08/24/2023 08/24/2023 08/24/2023 08/24/2023 08/24/2023 08/24/2023 08/24/2023 08/14/2023 08/24/2023 08/11/2023 08/24/2023 08/24/2023 08/24/2023 08/24/2023 08/24/2023 08/24/2023 08/17/2023 08/24/2023 08/17/2023 Vendor# Vendor 1240 MORAMARCO ANTHONY J 1240 MORAMARCO ANTHONY J 1240 MORAMARCO ANTHONY J 1240 MORAMARCO ANTHONY J 1240 MORAMARCO ANTHONY J 2081 MUSIC CONNECTION LLC 2081 MUSIC CONNECTION LLC 2268 MUSSON THEATRICAL INC 2268 MUSSON THEATRICAL INC 2268 MUSSON THEATRICAL INC 2020 MYTHOS TECHNOLOGY INC 3231 NEWTON MELISSA 2578 NIEVES LANDSCAPE INC 2578 NIEVES LANDSCAPE INC 2578 NIEVES LANDSCAPE INC 2578 NIEVES LANDSCAPE INC 2578 NIEVES LANDSCAPE INC 2578 NIEVES LANDSCAPE INC 2578 NIEVES LANDSCAPE INC 2578 NIEVES LANDSCAPE INC 2578 NIEVES LANDSCAPE INC 2578 NIEVES LANDSCAPE INC 2578 NIEVES LANDSCAPE INC 2578 NIEVES LANDSCAPE INC 2578 NIEVES LANDSCAPE INC 2571 NORMAN A. TRAUB & ASSOCIATES, LLC 1013 NUTRIEN AG SOLUTIONS INC 1013 NUTRIEN AG SOLUTIONS INC 1797 CDC 1564 ODYSSEY POWER CORPORATION 3040 OLD TOWN TEMECULA HARLEY DAVIDSON 3040 OLD TOWN TEMECULA HARLEY DAVIDSON 3040 OLD TOWN TEMECULA HARLEY DAVIDSON 3040 OLD TOWN TEMECULA HARLEY DAVIDSON 2496 OLD TOWN TIRE AND SERVICE INC 2496 OLD TOWN TIRE AND SERVICE INC 2496 OLD TOWN TIRE AND SERVICE INC 2496 OLD TOWN TIRE AND SERVICE INC 2496 OLD TOWN TIRE AND SERVICE INC 2496 OLD TOWN TIRE AND SERVICE INC 2496 OLD TOWN TIRE AND SERVICE INC 2496 OLD TOWN TIRE AND SERVICE INC 2496 OLD TOWN TIRE AND SERVICE INC 2496 OLD TOWN TIRE AND SERVICE INC 2496 OLD TOWN TIRE AND SERVICE INC 2496 OLD TOWN TIRE AND SERVICE INC 2496 OLD TOWN TIRE AND SERVICE INC 2496 OLD TOWN TIRE AND SERVICE INC 2496 OLD TOWN TIRE AND SERVICE INC 2496 OLD TOWN TIRE AND SERVICE INC 2496 OLD TOWN TIRE AND SERVICE INC 2496 OLD TOWN TIRE AND SERVICE INC 2496 OLD TOWN TIRE AND SERVICE INC 2496 OLD TOWN TIRE AND SERVICE INC 2496 OLD TOWN TIRE AND SERVICE INC 2496 OLD TOWN TIRE AND SERVICE INC 2496 OLD TOWN TIRE AND SERVICE INC 2761 ORTIZ JAIME 1492 PANERA BREAD 1214 PECHANGA BAND OF LUISENO MISSION INDIANS 1018 PETTY CASH 3249 PLUMMER KURT 1572 POOL & ELECTRICAL SUPPLY 1572 POOL & ELECTRICAL SUPPLY 1572 POOL AND ELECTRICAL PRODUCTS INC 1572 POOL AND ELECTRICAL PRODUCTS INC 1572 POOL AND ELECTRICAL PRODUCTS INC 1363 PRE PAID LEGAL SERVICES INC 1020 PRESS ENTERPRISE COMPANY INC 3194 PRICE ALLIE Description TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS SPEAKEASY @ THE MERC: 07/08 SPEAKEASY @ THE MERC: 08/12 SOUND/LIGHTING SUPPLIES: THEATER SOUND/LIGHTING SUPPLIES: THEATER SOUND/LIGHTING SUPPLIES: THEATER NETWORK MONITORING SVCS: ECO DEV REFUND: USER CREDIT CONVERSION TRASH CLEAN UP FOR 4TH OF JULY IRRIGATION REPAIR AT M-13 & M-14A PER SO #66696 & JUL LANDSCAPE MAINT SVCS: SLOPES: PW JUL LANDSCAPE MAINT SVCS:SLOPES: PW LANDSCAPE MULCH: WOODCREST SLOPE IRRIGATION REPAIRS: SLOPES: PW IRRIGATION REPAIRS: SLOPES: PW IRRIGATION REPAIRS: SLOPES: PW IRRIGATION REPAIRS: PARKS: PW IRRIGATION REPAIR: BUTTERFIELD MEDIAN: PW JUL LANDSCAPE SVCS: MEDIANS: PW JUL LANDSCAPE SVCS: PARKS: PW IRRIGATION REPAIRS VARIOUS SITES WORKPLACE INVESTIGATIONS SVCS: HR TOOL & EQUIP STREET MAINTENANCE TOOL & EQUIP STREET MAINTENANCE PERFORMANCE: THEATER: TCSD UPS PREVENTATIVE MAINT:LIBRARY: IT VEHICLE REPAIR / MAINTENANCE: PD VEHICLE REPAIR / MAINTENANCE: PD VEHICLE REPAIR / MAINTENANCE: PD VEHICLE REPAIR / MAINTENANCE: PD VEHICLE MAINTENANCE - PARKS & FACILITIES VEHICLE MAINTENANCE - PARKS & FACILITIES VEHICLE MAINTENANCE - PARKS & FACILITIES VEHICLE MAINTENANCE - PARKS & FACILITIES VEHICLE MAINTENANCE - STREET MAINTENANCE VEHICLE MAINT: PARKS & FACILITIES VEHICLE MAINT: STREETS: PW VEHICLE MAINT: PARKS & FACILITIES VEHICLE MAINT: PARKS & FACILITIES VEHICLE MAINT: PARKS & FACILITIES VEHICLE MAINT: PARKS & FACILITIES VEHICLE MAINTENANCE: FIRE VEHICLE MAINTENANCE: FIRE VEHICLE MAINTENANCE: FIRE VEHICLE MAINTENANCE - PARKS & FACILITIES VEHICLE MAINTENANCE: BLDG & SAFETY VEHICLE MAINTENANCE: PARKS: PW VEHICLE MAINTENANCE: BUILD & SAFETY VEHICLE MAINTENANCE: BUILD & SAFETY VEHICLE MAINTENANCE: HOMELESS OUTREACH VEHICLE MAINTENANCE - PARKS & FACILITIES VEHICLE MAINTENANCE - PARKS & FACILITIES VEHICLE MAINTENANCE: MAINTENANCE REIMB: DUI SEMINAR REFRESHMENTS: WORKSHOPS: TVE2 CULTURAL MONITORING SVCS: RAINBOW CNYN SLOPE PETTY CASH REIMBURSEMENT REIMB: ABC TRAINING: TEM SHERIFF SPLASH PAD CHEMICALS: PW PARKS SPLASH PAD CHEMICALS: PW PARKS SPLASH PAD CHEMICALS: PW PARKS SPLASH PAD CHEMICALS: PW PARKS SPLASH PAD CHEMICALS: PW PARKS PREPAID LEGALSVC: PAYMENT NEWSPAPER SUBSCRIPTION: CITY MGR LIABILITY CLAIMS SETTLEMENT PAYMENT Invoice Net $1,085.00 $1,090.25 $151.20 $1,085.00 $1,302.00 $513.50 $639.80 $735.89 $86.11 $14,073.16 $450.00 $44.25 $15,034.36 $247.55 $62,010.00 $106.00 $2,670.25 $333.63 $304.38 $466.58 $115.49 $284.06 $23,159.00 $77,622.00 $322.86 $4,512.00 $146.79 $177.09 $7,500.00 $1,496.00 $448.95 $319.31 $245.36 ($245.36) $326.34 $210.24 $752.30 $720.79 $65.63 $718.32 $163.28 $1,270.76 $179.60 $207.24 $46.92 $1,437.46 $74.63 $154.24 $71.59 $379.10 $296.41 $379.10 $521.12 $1,474.17 $46.92 $100.70 $55.60 $301.76 $129.24 $1,570.66 $718.39 $148.66 $798.08 $609.32 $924.81 $449.48 $449.48 $234.90 $710.41 $383.43 Check # Check Date Vendor # Vendor Description Invoice Net 600092 08/17/2023 1721 PRO ACTIVE FIRE DESIGN AND CONSULTING INC PLAN CHECKING SVCS: FIRE $11,897.90 300151 08/17/2023 1526 PUBLIC AGENCY RISK MGMTASSN PARMA MEMBERSHIP DUES: HR $300.00 300229 08/24/2023 1526 PUBLIC AGENCY RISK MGMTASSN PARMA REGIST: PARMA CONFERENCE: RISK $678.00 300111 08/14/2023 2461 QLESS INC QUEUE MGMT SYS FOR VIRTUAL LINES:COM DEV $9,923.00 300112 08/14/2023 2727 QUADIENT FINANCE USA INC POSTAGE SERVICES: PD $257.65 300230 08/24/2023 2727 QUADIENT FINANCE USA INC POSTAGE SERVICES: PD $259.61 300152 08/17/2023 2064 RADEECAL INC ACCESS POINT WRAPS: OLD TOWN: CIP $818.13 300231 08/24/2023 2064 RADEECAL INC DECALS: HR $421.88 300231 08/24/2023 2064 RADEECAL INC DECALS: PUBLIC WORKS $600.25 300232 08/24/2023 2535 RANCHO RUNNERS INC EXP MAIL DLVY SVCS: HR $130.00 600125 08/24/2023 1076 RANCHO TEMECULA CAR WASH JUL CAR WASH SVCS: POLICE $14.00 600093 08/17/2023 2552 REFRIGERATION SUPPLIES DISTRIBUTOR MISC HVAC SUPPLIES: PARKING GARAGE $179.30 600093 08/17/2023 2552 REFRIGERATION SUPPLIES DISTRIBUTOR MISC HVAC SUPPLIES: PARKING GARAGE $78.82 600093 08/17/2023 2552 REFRIGERATION SUPPLIES DISTRIBUTOR MISC HVAC SUPPLIES: PARKING GARAGE $75.00 600093 08/17/2023 2552 REFRIGERATION SUPPLIES DISTRIBUTOR MISC HVAC SUPPLIES: PARKING GARAGE $360.24 600093 08/17/2023 2552 REFRIGERATION SUPPLIES DISTRIBUTOR MISC HVAC SUPPLIES: CIVIC CTR $79.43 600093 08/17/2023 2552 REFRIGERATION SUPPLIES DISTRIBUTOR MISC HVAC SUPPLIES: CIVIC CTR $246.65 600093 08/17/2023 2552 REFRIGERATION SUPPLIES DISTRIBUTOR MISC HVAC SUPPLIES: PARKING GARAGE $111.61 600126 08/24/2023 2552 REFRIGERATION SUPPLIES DISTRIBUTOR MISC HVAC SUPPLIES: CRC $1,126.54 600126 08/24/2023 2552 REFRIGERATION SUPPLIES DISTRIBUTOR MISC HVAC SUPPLIES: CRC $90.69 600126 08/24/2023 2552 REFRIGERATION SUPPLIES DISTRIBUTOR MISC HVAC SUPPLIES: PARKING GARAGE $75.00 600127 08/24/2023 2552 REFRIGERATION SUPPLIES DISTRIBUTOR HVAC SUPPLIES: TCC $27.57 600126 08/24/2023 2552 REFRIGERATION SUPPLIES DISTRIBUTOR MISC HVAC SUPPLIES: TPL $239.98 600126 08/24/2023 2552 REFRIGERATION SUPPLIES DISTRIBUTOR MISC HVAC SUPPLIES: TVM $77.86 600126 08/24/2023 2552 REFRIGERATION SUPPLIES DISTRIBUTOR MISC HVAC SUPPLIES: CRC $65.59 600126 08/24/2023 2552 REFRIGERATION SUPPLIES DISTRIBUTOR HVAC SUPPLIES: PARKING GARAGE $49.33 600126 08/24/2023 2552 REFRIGERATION SUPPLIES DISTRIBUTOR MISC HVAC SUPPLIES: PARKS $164.55 600126 08/24/2023 2552 REFRIGERATION SUPPLIES DISTRIBUTOR MISC HVAC SUPPLIES: FACILITIES MAINT $32.43 600126 08/24/2023 2552 REFRIGERATION SUPPLIES DISTRIBUTOR MISC HVAC SUPPLIES: TVE $126.54 300233 08/24/2023 2365 RENDON CPR INC LEADERSHIP ACADEMY- WORKFORCE DEVELOPMENT $1,250.00 300235 08/24/2023 1035 RIVERSIDE CO AUDITOR FY 23/24 LAFCO FEES: PLANNING $15,217.41 300234 08/24/2023 1035 RIVERSIDE CO AUDITOR CONTROLLER MAY'23 PRKG CITATION ASSESSMENTS $6,100.00 300234 08/24/2023 1035 RIVERSIDE CO AUDITOR CONTROLLER JUN '23 PRKG CITATION ASSESSMENTS $4,971.50 300234 08/24/2023 1035 RIVERSIDE CO AUDITOR CONTROLLER APR'23 PRKG CITATION ASSESSMENTS $5,564.00 300113 08/14/2023 1045 RIVERSIDE CO CLERK & RECORDER OFFICE CEQA FILING: PW23-22 $50.00 300236 08/24/2023 2635 RIVERSIDE CO PUB SAFETY ENTERPRISE COMMUNICATION EMERGENCY RADIO RENTAL: POLICE $1,669.33 300114 08/14/2023 1042 RIVERSIDE CO SHERIFFS DEPT FY23/24 CAL -ID ASSESSMENT $109,925.00 300153 08/17/2023 1042 RIVERSIDE CO SHERIFFS DEPT WAGE GARNISHMENT PAYMENT $1,133.96 300154 08/17/2023 1042 RIVERSIDE CO SHERIFFS DEPT WAGE GARNISHMENT PAYMENT $1,125.47 300153 08/17/2023 1042 RIVERSIDE CO SHERIFFS DEPT WAGE GARNISHMENT PAYMENT $1,062.36 300115 08/14/2023 1552 SANBORN GWYNETH A CO TEMECULA MUSIC ACADEMY COUNTRY LIVE! @ THE MERC 7/1/23 $731.25 300115 08/14/2023 1552 SANBORN GWYNETH A CO TEMECULA MUSIC ACADEMY COUNTRY LIVE! @ MERC 07/O1/23 $675.00 300237 08/24/2023 1552 SANBORN GWYNETH A CO TEMECULA MUSIC ACADEMY COUNTRY LIVE! @ THE MERC 08/19 $775.50 300237 08/24/2023 1552 SANBORN GWYNETH A CO TEMECULA MUSIC ACADEMY COUNTRY LIVE! @ THE MERC: 08/05/23 $1,124.00 300238 08/24/2023 3226 SANCHEZ LUCIA REFUND: TINY TOTS: CLASSES: TCSD $600.00 300239 08/24/2023 3229 SANCHEZ MARIA OFELIA REFUND: SENIOR EXCURSION CORONADO: TCSD $5.00 600067 08/10/2023 2008 SARNOWSKI SHAWNA M PRESTON PHOTOGRAPHY SVCS: CITY COUNCIL $180.00 600067 08/10/2023 2008 SARNOWSKI SHAWNA M PRESTON PHOTOGRAPHY SERVICES FOR SPECIAL EVENTS $200.00 600067 08/10/2023 2008 SARNOWSKI SHAWNA M PRESTON PHOTGRAPHYS SVCS: COMMUNITY SUPPORT $300.00 600067 08/10/2023 2008 SARNOWSKI SHAWNA M PRESTON PHOTOGRAPHY SVCS: TRAILS TEMECULA $300.00 600094 08/17/2023 2008 SARNOWSKI SHAWNA PRESTON PHOTGRAPHYS SVCS: MPSC/HUMAN SVCS: TCSD $250.00 600094 08/17/2023 2008 SARNOWSKI SHAWNA PRESTON PHOTGRAPHYS SVCS: SPECIAL EVENTS: TCSD $300.00 600094 08/17/2023 2008 SARNOWSKI SHAWNA PRESTON PHOTGRAPHYS SVCS: THEATER: TCSD $130.00 600094 08/17/2023 2008 SARNOWSKI SHAWNA PRESTON PHOTGRAPHYS SVCS: MPSC/HUMAN SVCS: TCSD $250.00 600128 08/24/2023 2008 SARNOWSKI SHAWNA PRESTON PHOTOGRAPHY SVCS: MUSEUM/ACE $275.00 600068 08/10/2023 1509 SHERRY BERRY MUSIC STAND UP COMEDY @ THE MERC 7/29 $1,910.00 600068 08/10/2023 1509 SHERRY BERRY MUSIC JAZZ @ THE MERC 7/27 $625.00 600068 08/10/2023 1509 SHERRY BERRY MUSIC PERFORMANCE: THEATER: TCSD $16,500.00 600068 08/10/2023 1509 SHERRY BERRY MUSIC JAZZ @ THE MERC 7/20 $800.00 600068 08/10/2023 1509 SHERRY BERRY MUSIC JAZZ @ THE MERC 7/13 $725.00 600129 08/24/2023 1509 SHERRY BERRY MUSIC JAZZ @ THE MERC 08/03 $392.00 600129 08/24/2023 1509 SHERRY BERRY MUSIC JAZZ @ THE MERC 8/11/23 $1,465.00 600129 08/24/2023 1509 SHERRY BERRY MUSIC JAZZ @ THE MERC 8/10/23 $960.00 300116 08/14/2023 1787 SHRED IT US JV LLC SHRED SERVICES: CITYWIDE $23.28 300116 08/14/2023 1787 SHRED IT US JV LLC SHRED SERVICES: CITYWIDE $393.17 300243 08/24/2023 1787 SHRED IT US JV LLC SHRED SERVICES: CITYWIDE $242.17 600069 08/10/2023 2617 SIDI SEBASTIAN MISC. VIDEOGRAPHY SERVICES: ECO DEV $1,400.00 600070 08/10/2023 1780 SILVERMAN ENTERPRISES INC SECURITY: ROTATING PARKS $5,456.00 300241 08/24/2023 1061 SMART & FINAL INC POOL PARTY SUPLIES/HIGH HOPES:SENIOR CENTER $201.17 600095 08/17/2023 1061 SMART AND FINAL INC MISC SUPPLIES: SUMMER FOOD PRGM: TCSD $202.56 Check N Check Date Vendor N Vendor Description Invoice Net 600095 08/17/2023 1061 SMART AND FINAL INC MISC SUPPLIES: SUMMER FOOD PRGM: TCSD $398.53 600095 08/17/2023 1061 SMART AND FINAL INC MISC SUPPLIES: WORKFORCE DEV: TCSD $108.56 600095 08/17/2023 1061 SMART AND FINAL INC MISC SUPPLES: MPSC $355.65 600130 08/24/2023 3170 SMER RESEARCH 1 LLC JUL SOLAR GENERATION: VARI LOCATIONS $34,304.98 300117 08/14/2023 1070 SO CALIF ASSN OF GOVERNMENTS FY 23/24 AGENCY MEMB DUES: CITY MGR $13,397.00 600131 08/24/2023 2217 SOCIAL WORK ACTION GROUP JUL OUTREACH SERVICES: TCSD $9,166.67 300156 08/17/2023 1800 SOUTHERN CALIFORNIA EDISON CO METER & SVC CHANGE PANEL RELOCATION CONSOLIDATI $3,482.88 300242 08/24/2023 1704 SOUTHERN CALIFORNIA TELEPHONE COMPANY JUL GEN USAGE: 0141,0839,0978,0979 $529.63 300242 08/24/2023 1704 SOUTHERN CALIFORNIA TELEPHONE COMPANY AUG GEN USAGE: 0141,0839,0978,0979 $533.41 300243 08/24/2023 2928 SQUARE GROVE LLC CRC DESK $2,367.49 300245 08/24/2023 1028 STADIUM PIZZA REFRESHMENTS: WORKFORCE DE $157.40 300245 08/24/2023 1028 STADIUM PIZZA REFRESHMENTS: WORKFORCE DE $83.51 300245 08/24/2023 1028 STADIUM PIZZA REFRESHMENTS: WORKFORCE DE $135.67 300245 08/24/2023 1028 STADIUM PIZZA REFRESHMENTS: WORKFORCE DE $145.85 300244 08/24/2023 1028 STADIUM PIZZA INC RFSHMNTS: CRC $462.21 300244 08/24/2023 1028 STADIUM PIZZA INC RFSHMNTS: WORKFORCE DEV: TCSD $37.70 300244 08/24/2023 1028 STADIUM PIZZA INC RFSHMNTS: WORKFORCE DEV: TCSD $21.38 300157 08/17/2023 1431 STANDARD INSURANCE COMPANY BASIC LIFE INSURANCE: PAYMENT $11,942.14 300158 08/17/2023 1431 STANDARD INSURANCE COMPANY VOLUNTARY SUPP LIFE INSURANCE: PAYMENT $1,851.63 300159 08/17/2023 1431 STANDARD INSURANCE COMPANY SHORT TERM DISABILITY: PAYMENT $11,460.34 300160 08/17/2023 1431 STANDARD INSURANCE COMPANY VOLUNTARY SUPP LIFE INSURANCE $1,776.63 300161 08/17/2023 1452 STAPLES BUSINESS CREDIT MISC OFC SUPPLIES: PD $37.26 300161 08/17/2023 1452 STAPLES BUSINESS CREDIT MISC OFC SUPPLIES: LIBRARY $57.30 300161 08/17/2023 1452 STAPLES BUSINESS CREDIT MISC OFC SUPPLIES: LIBRARY $49.35 300246 08/24/2023 1452 STAPLES BUSINESS CREDIT MISC OFFICE SUPPLIES -LIBRARY TCSD $43.97 300246 08/24/2023 1452 STAPLES BUSINESS CREDIT MISC SUPPLIES: OPERATIONS: TCSD $39.68 300246 08/24/2023 1452 STAPLES BUSINESS CREDIT MISC OFC SUPPLIES: PD $184.91 300246 08/24/2023 1452 STAPLES BUSINESS CREDIT MISC OFC SUPPLIES: PD $657.06 300118 08/14/2023 3195 STRATEGIC OPERATIONS INC REGIST: TACTICAL EMERG CASUALTY CARE $2,100.00 600071 08/10/2023 1231 STRONG GARY INTERIOR PAINTING: MPSC: PW20-13 $4,000.00 600133 08/24/2023 1231 STRONG GARY INTERIOR PAINTING MPSC: PW20-13: CIP $10,000.00 600133 08/24/2023 1231 STRONG GARY INTERIOR PAINTING MPSC: PW CIP PW20-13 $1,600.00 600133 08/24/2023 1231 STRONG GARY INTERIOR PAINTING MPSC: PW20-13: CIP $10,000.00 600133 08/24/2023 1231 STRONG GARY PAINT STORAGE CONTAINERS: RRSP: PW $700.00 600133 08/24/2023 1231 STRONG GARY PAINT SVCS: LIBRARY: PW $500.00 300119 08/14/2023 1495 STURDIVANTANGELA P TCSD INSTRUCTOR EARNINGS $2,352.00 600072 08/10/2023 1429 SWANK MOTIONS PICTURES INC MOVIES IN THE PK: SPECIAL EVENTS: TCSD $715.00 300247 08/24/2023 2261 T MOBILE USA INC GPS LOCATE: TEM SHERIFF $125.00 300120 08/14/2023 1054 TEMECULA VALLEY CHAMBER OF COMMERCE Q1 FY 23/24 SPONSORSHIP FUNDS: ECO DEV $50,000.00 300162 08/17/2023 1054 TEMECULA VALLEY CHAMBER OF COMMERCE REGIST: STATE OF THE CITY: ECO DEV $280.00 600096 08/17/2023 1265 TEMECULA VALLEY SECURITY CENTER LOCKSMITH SERVICES: TRAFFIC MAINTENANCE $44.86 600096 08/17/2023 1265 TEMECULA VALLEY SECURITY CENTER LOCKSMITH SERVICES: FACILITY MAINTENANCE $117.45 600096 08/17/2023 1265 TEMECULA VALLEY SECURITY CENTER LOCKSMITH SERVICES: FACILITY MAINTENANCE $362.14 600096 08/17/2023 1265 TEMECULA VALLEY SECURITY CENTER LOCKSMITH SERVICES: FACILITY MAINTENANCE $371.93 600096 08/17/2023 1265 TEMECULA VALLEY SECURITY CENTER LOCKSMITH SERVICES: FACILITY MAINTENANCE $24.89 600134 08/24/2023 1265 TEMECULA VALLEY SECURITY CENTER LOCKSMITH SVCS HARVESTON LAKE PARK: PW $22.00 600134 08/24/2023 1265 TEMECULA VALLEY SECURITY CENTER LOCKSMITH SVCS: CRC $476.67 300249 08/24/2023 1234 TEMECULA WINNELSON COMPANY PLUMBING SUPPLIES: PARKS $614.58 300249 08/24/2023 1234 TEMECULA WINNELSON COMPANY PLUMBING SUPPLIES: PARKS $51.98 600097 08/17/2023 1232 TERRYBERRY COMPANY SERVICE RECOGNITION: HR $128.97 300121 08/14/2023 3174 THE GRECIAN SOAP COMPANY PROMOTIONS: CUSTOM SOAP: ECO DEV $420.00 600135 08/24/2023 1936 TIERCE NICHOLAS GRAPHIC DESIGN: THEATER: TCSD $4,260.00 600073 08/10/2023 1063 TIMMY D PRODUCTIONS INC DJ/MC/SOUND SERVICES: SPECIAL EVENTS $1,650.00 600136 08/24/2023 1063 TIMMY D PRODUCTIONS INC CULTURE DAYS & ART NIGHTS MUSIC: TVM $425.00 600074 08/10/2023 2089 TNT ENTERTAINMENT GROUP LLC DJ/MC/SOUND SVCS: SUMMER CONCERT SERIES $4,300.00 600074 08/10/2023 2089 TNT ENTERTAINMENT GROUP LLC DJ/MC/SOUND SVCS: SUMMER CONCERT SERIES $7,500.00 600137 08/24/2023 2413 TOWNSEND PUBLIC AFFAIRS INC CONSULTING/GRANT WRITING SVCS: CITY CLERK $6,000.00 600137 08/24/2023 2413 TOWNSEND PUBLIC AFFAIRS INC CONSULTING/GRANT WRITING SVCS: CITY CLERK $6,000.00 300122 08/14/2023 2827 TRANSPORTATION CHARTER SRVS TRANSPORTATION: SUMMER CAMP: TCSD $952.49 300163 08/17/2023 2827 TRANSPORTATION CHARTER SRVS SDC TRANSPORTATION 7/27/2023 $4,839.87 300250 08/24/2023 1003 TYLER TECHNOLOGIES INC ACCOUNTING SOFTWARE ANNUAL MAINTENANCE:FINAN $106,113.69 300123 08/14/2023 1652 ULINE INC MISC SUPPLIES: CRC: TCSD $4,687.17 600138 08/24/2023 1432 UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNI JUL DIG SAFE BRD BILLABLE TIX: PW $274.25 600138 08/24/2023 1432 UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNI JUL DIG SAFE BILLABLE TIX: PW $87.04 600098 08/17/2023 2142 URBANE CAFE OPERATIONS LLC URBANE CAFE $368.00 600139 08/24/2023 2142 URBANE CAFE OPERATIONS LLC REFRESHMENTS: WORKFORCE PROGRAMS $303.39 600139 08/24/2023 2142 URBANE CAFE OPERATIONS LLC WORKFORCE PROGRAMS REFRESHMENTS $302.75 600139 08/24/2023 2142 URBANE CAFE OPERATIONS LLC REFRESHMENTS: WORKFORCE PROGRAMS $757.87 600139 08/24/2023 2142 URBANE CAFE OPERATIONS LLC REFRESHMENTS: WORKFORCE PROGRAMS $161.38 600139 08/24/2023 2142 URBANE CAFE OPERATIONS LLC REFRESHMENTS: WORKFORCE PROGRAMS $248.10 Check # Check Date Vendor # Vendor Description Invoice Net 600140 08/24/2023 1493 VALLEY EVENTS INC PERFORMANCE/EVENTS: TCSD $2,760.00 300124 08/14/2023 1874 VALLEY PRINTING SERVICES INC CIVIC, LETTERHEAD PAPER SUPPLIES $122.89 300251 08/24/2023 1874 VALLEY PRINTING SERVICES INC PRINTING SVCS: TVE2 MAGAZINE $448.05 300252 08/24/2023 1845 VERIZON WIRELESS 07/11-08/10 TASK FORCE TABLETS: POLICE $439.65 300253 08/24/2023 3219 VEROSTECK PAUL REIMB: DUI SEMINAR $335.35 600141 08/24/2023 1505 VILLAGE NEWS INC SUBSCRIPTION RENEWAL: CITY MGR $69.95 300254 08/24/2023 1413 VINCES SPAGHETTI EXPRESS INTERN APPRECIATION LUNCH: TCSD $1,017.46 300125 08/14/2023 2384 VIRTUAL PROJECT MANAGER LLC PROJECT MANAGEMENT SYSTEM: CIP: PW $12,000.00 600142 08/24/2023 1498 VISION ONE INC TICKETING SERVICES: THEATER: TCSD $2,630.60 300255 08/24/2023 1120 VORTEX INDUSTRIES INC CRC DOOR REPAIRS: PW $2,847.50 600143 08/24/2023 2034 WADDLETON JEFFREY L MC SVCS SKATE PARK JAMS: TCSD $525.00 600075 08/10/2023 2034 WADDLETON, JEFFREY L TCSD INSTRUCTOR EARNINGS $1,121.40 600075 08/10/2023 2034 WADDLETON, JEFFREY L DJ/MC SERVICES: SPECIAL EVENTS: TCSD $525.00 300126 08/14/2023 1439 WALMART MISC SUPPLIES: CRC: TCSD $127.30 300256 08/24/2023 1439 WALMART SUPPLIES: RESPONSIBLE COMPASSION $268.30 300257 08/24/2023 1102 WAXIE SANITARY SUPPLY INC JANITORIAL SUPPLIES: PARKS: PW $9,075.51 300258 08/24/2023 3236 WEBER CHRISTINA REIMB: ABC TRAINING: POLICE $159.97 300259 08/24/2023 1686 WEST COAST PERFORMING ARTS PRESENTERS REIMB: SECURITY DEPOSIT $500.00 300164 08/17/2023 1033 WEST PUBLISHING CORPORATION JUL SOFTWARE SUBSCRIPTION: TEM SHERIFF $1,179.86 600144 08/24/2023 1782 WESTERN AV QSC REFLECT SOFTWARE:OLD TOWN SOUND $164.16 300260 08/24/2023 1167 WESTERN OILFIELDS SUPPLY CO 4TH OF JULY TEMP IRRIGATION: TCSD $11,486.88 300165 08/17/2023 2322 WEX BANK 07/07-08/06 FUEL USAGE: POLICE $2,228.22 300261 08/24/2023 2175 WHITE CAP LP ASPHALT SUPPLIES: STREET MAINT $78.78 300262 08/24/2023 3233 WILLIAMS ANTONETTE KALIYAH REFUND: PARKING CITATION OVER PAYMENT $30.00 300166 08/17/2023 3224 YOUNG LUPE REFUND: SENIOR EXCURSION: MPSC $5.00 300264 08/24/2023 3227 Z CARD NORTH AMERICA BROCHURES: PW CIP $2,760.00 300265 08/24/2023 2477 ZOOM VIDEO COMMUNICATIONS INC VIDEO COMMUNICATIONS RENEWAL: IT $10,800.00 TOTAL MUNIS $3,249,347.42 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: September 12, 2023 SUBJECT: Approve Financial Statements for the 3rd Quarter Ended March 31, 2023 PREPARED BY: Jennifer Hennessy, Director of Finance RECOMMENDATION: That the City Council: 1. Receive and file the financial statements for the 3rd quarter ended March 31, 2023; and 2. Approve the following Fiscal Year 2022-23 appropriations: a. City Attorney Legal Services (001.130.999.5246) $90,000 b. Vehicle Replacement (310.199.999.5610) $26,500 c. Technology Replacement (325.199.999.5610) $21,200 BACKGROUND: The attached Financial Statements reflect the unaudited activity of the City for the 3rd Quarter Ended March 31, 2023. FISCAL IMPACT: None. ATTACHMENTS: City Fund Summaries Alk l]] �j ,j The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 001 - GENERAL FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Taxes and Franchises Property Tax 10,040,635 10,254,673 6,111,484 10,254,673 0 0.0 % Sales Tax 49,147,752 50,142,000 29,124,524 50,142,000 0 0.0 % Sales Tax Sharing Agreement (1,306,605) (1,308,245) (683,968) (1,308,245) 0 0.0 % Franchise Fees 3,681,119 3,775,740 2,478,401 3,775,740 0 0.0 % Transient Occupancy Tax 4,530,407 4,442,549 2,852,137 4,442,549 0 0.0 % Special Tax (Measure C) 1,817,297 1,881,987 1,059,126 1,881,987 0 0.0 % Licenses, Permits and Service Charges Development Impact Fees 47,440 0 0 0 0 0.0 % Charges For Services 1,190 2,500 2,039 2,500 0 0.0 % Business Licenses 258,390 270,000 258,236 270,000 0 0.0 % Land Development 2,023,361 1,896,020 1,617,650 1,896,020 0 0.0 % Public Works 0 0 0 0 0 0.0 % Parks Maintenance 0 1,372 0 1,372 0 0.0 % Building 3,074,244 3,020,000 2,553,123 3,020,000 0 0.0 % Planning 640,803 633,049 412,906 633,049 0 0.0 % Police 93,805 161,575 85,452 161,575 0 0.0 % Fire 1,172,635 1,383,200 1,183,351 1,383,200 0 0.0 % Development Fees 341,599 169,970 153,269 169,970 0 0.0 % Fines and Forfeitures Fines & Forfeitures 563,045 520,050 430,563 520,050 0 0.0 % Use of Money and Property Investment Interest (2,097,251) 0 845,911 0 0 0.0 % Lease/Rental Income 230,705 217,897 169,303 217,897 0 0.0 % Other 63,284 55,000 47,187 55,000 0 0.0 % Intergovernmental Revenues Property Tax In Lieu Of VLF 9,195,968 9,897,473 4,948,737 9,897,473 0 0.0 % Vehicle License Fees 130,279 120,000 112,676 120,000 0 0.0 % Grants 16,508 13,045 13,045 13,045 0 0.0 % Reimbursements Capital Improvement Program 2,656,349 2,800,000 2,119,079 2,800,000 0 0.0 % Pechanga IGA 368,219 374,107 0 374,107 0 0.0 % Other Reimbursements 386,475 694,411 464,479 694,411 0 0.0 % Operating Transfers In Operating Transfers In 10,310,929 15,320,816 12,039,754 15,320,816 0 0.0 % Contribution From Measure S 6,266,670 5,543,353 4,367,301 5,543,353 0 0.0 % Miscellaneous Miscellaneous 50,192 14,900 14,274 14,900 0 0.0 % Total Revenues and Other Sources 103,705,445 112,297,442 72,780,036 112,297,442 0 0.0 % Expenditures by Category Salaries & Benefits 18,180,891 21,093,416 15,429,254 21,093,416 0 0.0 % Operations & Maintenance 53,829,052 64,005,494 31,316,373 64,095,494 90,000 0.1 % Internal Service Fund Allocations 6,011,184 7,123,059 5,044,986 7,123,059 0 0.0 % Capital Outlay 821,501 617,083 567,920 617,083 0 0.0 % Alk l]] �j ,j The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 001 - GENERAL FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Transfers 14,080,420 37,010,616 35,010,616 37,010,616 0 0.0 % Total Expenditures and Other Financing Uses 92,923,048 129,849,668 87,369,149 129,939,668 90,000 0.1 % Excess of Revenues Over (Under) Expenditures 10,782,396 (17,552,226) (14,589,113) (17,642,226) (90,000) 0.5 % Fund Balance, Beginning of Year 45,243,940 56,026,336 56,026,336 Fund Balance, End of Year 56,026,336 38,474,111 38,384,111 Fund Description The General Fund is the main operating fund for the City of Temecula. It is used to account for all financial resources for the City that are not restricted to a special purpose and otherwise required to be accounted for in another fund. The General fund provides the resources necessary to sustain the day-to-day activities and pays for all administrative and operating expenditures. Alk ,j The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 002 - MEASURE S FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Taxes and Franchises Transactions And Use Tax 39,199,804 39,971,000 23,057,482 39,971,000 0 0.0 % Use of Money and Property Investment Interest (215,735) 0 451,211 0 0 0.0 % Total Revenues and Other Sources 38,984,069 39,971,000 23,508,693 39,971,000 0 0.0 % Expenditures by Category Transfers 29,523,899 56,661,742 19,912,889 56,661,742 0 0.0 % Total Expenditures and Other Financing Uses 29,523,899 56,661,742 19,912,889 56,661,742 0 0.0 % Excess of Revenues Over (Under) Expenditures 9,460,170 (16,690,742) 3,595,805 (16,690,742) 0 0.0 % Fund Balance, Beginning of Year 25,215,603 34,675,773 34,675,773 Fund Balance, End of Year 34,675,773 17,985,030 17,985,030 Fund Description Measure S, approved by the voters on November 8, 2016, established a one -cent Transactions and Use Tax for the City. The measure was approved based on the commitment to maintain 9-1-1 emergency response times, prevent cuts to local paramedic/police/fire protection, school safety patrols, youth/after-school, senior and disabled services; improve freeway interchanges/reduce traffic and provide for other general services. Alk l]] �j ,j The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 100 -GAS TAX FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Taxes and Franchises Gas Tax 2,631,694 2,825,546 1,684,067 2,825,546 0 0.0 % Use of Money and Property Investment Interest 7,035 0 12,441 0 0 0.0 % Total Revenues and Other Sources 2,638,730 2,825,546 1,696,508 2,825,546 0 0.0 % Expenditures by Category Transfers 2,740,607 2,825,546 0 2,825,546 0 0.0 % Total Expenditures and Other Financing Uses 2,740,607 2,825,546 0 2,825,546 0 0.0 % Excess of Revenues Over (Under) Expenditures (101,877) 0 1,696,508 0 0 0.0 % Fund Balance, Beginning of Year 101,877 0 0 Fund Balance, End of Year 0 0 0 Fund Description This fund was established to account for the tax per gallon on the purchase of motor vehicle fuel imposed by the State of California. A portion is allocated to the City of Temecula as specified in the California Streets and Highways Code (SHC) (Sections 2013, 2105, 2107 and 2107.5). Gas Tax monies are restricted to the repair, maintenance and upkeep of City streets and roads, and the purchase of equipment used to maintain roads. Alk l]] �j ,j The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 102 - ROAD MAINTENANCE REHABILITATION ACCOUNT (RMRA) FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Taxes and Franchises Gas Tax 2,250,420 2,384,080 1,597,501 2,384,080 0 0.0 % Use of Money and Property Investment Interest (23,994) 0 30,877 0 0 0.0 % Total Revenues and Other Sources 2,226,427 2,384,080 1,628,379 2,384,080 0 0.0 % Expenditures by Category Transfers 2,250,420 3,809,387 0 3,809,387 0 0.0 % Total Expenditures and Other Financing Uses 2,250,420 3,809,387 0 3,809,387 0 0.0 % Excess of Revenues Over (Under) Expenditures (23,993) (1,425,307) 1,628,379 (1,425,307) 0 0.0 % Fund Balance, Beginning of Year 1,585,330 1,561,337 1,561,337 Fund Balance, End of Year 1,561,337 136,030 136,030 Fund Description This fund is to account for gasoline and vehicle registration taxes pursuant to the Road Repair and Accountability Act of 2017 (SB1 Beall). Monies are collected by the State of California and allocated to local agencies for streets and roads projects and other transportation uses. Alk l]] �j ,j The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 103 - STREET MAINTENANCE FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Use of Money and Property Investment Interest (37,492) 0 71,526 0 0 0.0 % Operating Transfers In Contribution From Measure S 2,000,000 2,000,000 1,500,000 2,000,000 0 0.0 % Total Revenues and Other Sources 1,962,508 2,000,000 1,571,526 2,000,000 0 0.0 % Expenditures by Category Transfers 0 3,600,000 0 3,600,000 0 0.0 % Total Expenditures and Other Financing Uses 0 3,600,000 0 3,600,000 0 0.0 % Excess of Revenues Over (Under) Expenditures 1,962,508 (1,600,000) 1,571,526 (1,600,000) 0 0.0 % Fund Balance, Beginning of Year 3,461,494 5,424,002 5,424,002 Fund Balance, End of Year 5,424,002 3,824,002 3,824,002 Fund Description This fund was established to accumulate resources for the future replacement of streets and roads throughout the City. Alk l]] �j ,j The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 120 - DEVELOPMENT IMPACT FEES FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Development Impact Fees 2,445,390 6,708,016 5,137,568 6,708,016 0 0.0 % Quimby Fees 1,9S2,029 3,479,035 1,314,509 3,479,03S 0 0.0 % Use of Money and Property Investment Interest (43,616) 0 123,803 0 0 0.0 % Total Revenues and Other Sources 4,353,803 10,187,051 6,575,880 10,187,051 0 0.0 % Expenditures by Category Transfers 264,039 11,107,485 853,706 11,107,485 0 0.0 % Total Expenditures and Other Financing Uses 264,039 11,107,485 853,706 11,107,485 0 0.0 % Excess of Revenues Over (Under) Expenditures 4,089,764 (920,434) 5,722,173 (920,434) 0 0.0 % Fund Balance, Beginning of Year 3,564,979 7,654,743 7,654,743 Fund Balance, End of Year 7,654,743 6,734,309 6,734,309 Fund Description This fund accounts for the development impact fees received as a result of development activity within the City. The fees are primarily used to fund Capital Improvement Projects designed to mitigate the impacts of development projects. Alk l]] �j ,j The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 125 - PUBLIC EDUCATION & GOVERNMENT (PEG) FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Taxes and Franchises Peg Fees 198,322 185,000 90,872 185,000 0 0.0 % Use of Money and Property Investment Interest (5,266) 0 8,807 0 0 0.0 % Total Revenues and Other Sources 193,057 185,000 99,679 185,000 0 0.0 % Expenditures by Category Capital Outlay 106,045 140,223 14,620 140,223 0 0.0 % Total Expenditures and Other Financing Uses 106,045 140,223 14,620 140,223 0 0.0 % Excess of Revenues Over (Under) Expenditures 87,011 44,777 85,060 44,777 0 0.0 % Fund Balance, Beginning of Year 623,661 710,672 710,672 Fund Balance, End of Year 710,672 755,449 755,449 Fund Description This fund was established to account for Public Education and Government (PEG) fees. Fees received from local cable operators for the sole purpose of supporting the access facilities and activities within the City. Alk l]] �j ,j The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 140 - COMMUNITY DEV BLOCK GRANT FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Intergovernmental Revenues Community Development Block Grant 646,010 1,299,843 376,701 1,299,843 0 0.0 % CDBG - CV GRANTS 329,000 0 0 0 0 0.0 % CDBG - CV2 GRANTS 125,182 739,582 15,184 739,582 0 0.0 % Total Revenues and Other Sources 1,100,192 2,039,425 391,885 2,039,425 0 0.0 % Expenditures by Category Salaries & Benefits 36,635 36,836 27,404 36,836 0 0.0 % Operations & Maintenance 317,891 313,962 291,336 313,962 0 0.0 % Transfers 354,159 1,797,176 0 1,797,176 0 0.0 % Total Expenditures and Other Financing Uses 708,685 2,147,974 318,739 2,147,974 0 0.0 % Excess of Revenues Over (Under) Expenditures 391,506 (108,549) 73,145 (108,549) 0 0.0 % Fund Balance, Beginning of Year (282,957) 108,549 108,549 Fund Balance, End of Year 108,549 0 0 Fund Description This fund was established to account for grants received from the U.S. Department of Housing and Urban Development (HUD). The grants are used for the redevelopment of a viable community by providing decent housing, a suitable living environment, and for expanding opportunities, principally for persons of low and moderate income. Alk l]] �j ,j The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 145 - TEMECULA ENERGY EFFICIENCY ASSET (TEAM) FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Use of Money and Property Investment Interest (6,210) 0 9,788 0 0 0.0 % Total Revenues and Other Sources (6,210) 0 9,788 0 0 0.0 % Expenditures by Category Transfers 0 698,929 0 698,929 0 0.0 % Total Expenditures and Other Financing Uses 0 698,929 0 698,929 0 0.0 % Excess of Revenues Over (Under) Expenditures (6,210) (698,929) 9,788 (698,929) 0 0.0 % Fund Balance, Beginning of Year 839,738 833,528 833,528 Fund Balance, End of Year 833,528 134,599 134,599 Fund Description This fund was established to capture energy efficiency rebates and reimbursements as well as expenditure savings resulting from energy efficiency projects completed at various City facilities. Revenue collected in this fund will be utilized on future energy efficiency projects. Alk l]] �j ,j The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 150 - AB 2766 MOTOR VEHICLE SUBVENTION FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Use of Money and Property Investment Interest (1,851) 0 3,651 0 0 0.0 % Intergovernmental Revenues AB2766 Motor Vehicle Subvention 106,782 150,174 108,008 150,174 0 0.0 % Total Revenues and Other Sources 104,930 150,174 111,660 150,174 0 0.0 % Expenditures by Category Operations & Maintenance 20,000 10,000 10,000 10,000 0 0.0 % Transfers 6,700 427,889 0 427,889 0 0.0 % Total Expenditures and Other Financing Uses 26,700 437,889 10,000 437,889 0 0.0 % Excess of Revenues Over (Under) Expenditures 78,230 (287,715) 101,660 (287,715) 0 0.0 % Fund Balance, Beginning of Year 172,301 250,531 250,531 Fund Balance, End of Year 250,531 (37,184) (37,184) Fund Description This fund was established to account for subvention funds that are used to implement programs and projects that reduce air pollution from motor vehicles. AB2766 Funds are derived from a Motor Vehicle Registration fee surcharge. Local governments are allocated $1.60 for every eligible vehicle registered within the South Coast Air Quality Management District. Funds are disbursed based on the City's population as a percentage of the total population within the District. This fund is used for Capital projects and the City's share of WRCOG's Clean Cities Coalition. Alk l]] �j ,j The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 160 - SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Use of Money and Property Investment Interest 908 0 1,045 0 0 0.0 Intergovernmental Revenues SLESF Grant 277,001 280,000 171,096 280,000 0 0.0 Total Revenues and Other Sources 277,909 280,000 172,141 280,000 0 0.0 Expenditures by Category Transfers 364,530 280,000 0 280,000 0 0.0 Total Expenditures and Other Financing Uses 364,530 280,000 0 280,000 0 0.0 Excess of Revenues Over (Under) Expenditures (86,621) 0 172,141 0 0 0.0 Fund Balance, Beginning of Year 86,621 0 0 Fund Balance, End of Year 0 0 0 Fund Description This fund was established to account for the Supplemental Law Enforcement Services grant monies from the State of California which are provided to assist cities in delivering front line law enforcement services. These monies supplement existing services and may not be used to supplant any existing funding for law enforcement services provided by the City. Alk l]] �j ,j The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 165 - AFFORDABLE HOUSING FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Taxes and Franchises Redevelopment Property Tax Fund 0 900,000 0 900,000 0 0.0 % Distribution Use of Money and Property Investment Interest (13,847) 0 62,361 0 0 0.0 % Lease/Rental Income (14,301) 0 0 0 0 0.0 % Intergovernmental Revenues Agency Trust Contribution 250,000 250,000 0 250,000 0 0.0 % Reimbursements Other Reimbursements 0 0 13,898 0 0 0.0 % Operating Transfers In Operating Transfers In 0 6,503,330 0 6,503,330 0 0.0 % Total Revenues and Other Sources 221,852 7,653,330 76,258 7,653,330 0 0.0 % Expenditures by Category Salaries & Benefits 240,712 233,329 177,525 233,329 0 0.0 % Operations & Maintenance 37,088 275,518 55,128 275,518 0 0.0 % Internal Service Fund Allocations 34,060 37,802 27,780 37,802 0 0.0 % Transfers 0 7,403,330 0 7,403,330 0 0.0 % Total Expenditures and Other Financing Uses 311,860 7,949,979 260,433 7,949,979 0 0.0 % Excess of Revenues Over (Under) Expenditures (90,008) (296,649) (184,175) (296,649) 0 0.0 % Fund Balance, Beginning of Year 12,054,618 11,964,610 11,964,610 Fund Balance, End of Year 11,964,610 11,667,961 11,667,961 Fund Description The Affordable Housing fund contains the assets as well as loan and rental income which have been transferred to the City of Temecula from the former Redevelopment Agency. Alk l]] �j ,j The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 170 - MEASURE A FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Use of Money and Property Investment Interest (74,771) 0 100,100 0 0 0.0 % Intergovernmental Revenues Measure A 4,141,441 4,334,000 3,012,137 4,334,000 0 0.0 % Total Revenues and Other Sources 4,066,670 4,334,000 3,112,237 4,334,000 0 0.0 % Expenditures by Category Operations & Maintenance 1,599,339 2,968,379 2,417,522 2,968,379 0 0.0 % Transfers 2,834,725 7,319,935 1,258,000 7,319,935 0 0.0 % Total Expenditures and Other Financing Uses 4,434,064 10,288,314 3,675,522 10,288,314 0 0.0 % Excess of Revenues Over (Under) Expenditures (367,394) (5,954,314) (563,285) (5,954,314) 0 0.0 % Fund Balance, Beginning of Year 9,430,636 9,063,242 9,063,242 Fund Balance, End of Year 9,063,242 3,108,928 3,108,928 Fund Description This fund was established to account for the City's allocation of the County of Riverside's additional one-half percent sales tax for transportation. These monies are restricted for use on local streets. In 2002, Measure A was extended by Riverside County voters. Measure A will continue to fund transportation improvements through 2039. Alk l]] �j ,j The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 198 - PUBLIC ART FUND Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Public Art 41,837 14,000 63,549 14,000 0 0.0 Use of Money and Property Investment Interest (941) 0 1,948 0 0 0.0 Total Revenues and Other Sources 40,896 14,000 65,497 14,000 0 0.0 Expenditures by Category Operations & Maintenance 0 30,000 0 30,000 0 0.0 Total Expenditures and Other Financing Uses 0 30,000 0 30,000 0 0.0 Excess of Revenues Over (Under) Expenditures 40,896 (16,000) 65,497 (16,000) 0 0.0 Fund Balance, Beginning of Year 91,099 131,995 131,995 Fund Balance, End of Year 131,995 115,995 115,995 Fund Description This fund was established pursuant to Temecula Municipal Code Section 5.08.040, whereby the fund serves a a depository for the fees paid in lieu of art as well as monetary donations for public art. The Public Art In Lieu fee is one -tenth of one percent of an eligible development project in excess of $100,000. Eligible uses of this fund include the design, acquisition, installation, improvement, maintenance and insurance of public artwork; offering of performing arts programs on City property for the community; and art education programs on City property for the community. Alk l]] �j ,j The Heart of Southern California Wine Country FUND: 300 - INSURANCE FUND City of Temecula Fiscal Year 2022-23 Quarterly Budget Report % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Charges For Services 1,380,637 1,517,257 1,726,337 1,517,257 0 0.0 % Use of Money and Property Investment Interest (9,398) 0 18,474 0 0 0.0 % Total Revenues and Other Sources 1,371,239 1,517,257 1,744,811 1,517,257 0 0.0 % Expenditures by Category Salaries & Benefits 136,378 156,147 124,111 156,147 0 0.0 % Operations & Maintenance 1,253,657 1,871,109 1,619,962 1,871,109 0 0.0 % Total Expenditures and Other Financing Uses 1,390,035 2,027,257 1,744,073 2,027,257 0 0.0 % Excess of Revenues Over (Under) Expenditures (18,795) (510,000) 738 (510,000) 0 0.0 % Fund Balance, Beginning of Year 828,918 810,123 810,123 Fund Balance, End of Year 810,123 300,123 300,123 Fund Description The Insurance Fund was established to account for the City's liability and property insurance costs. Fund Balance is a combination of both spendable and non spendable assets. These costs are allocated to each department based on the total number of Full Time Equivalent positions assigned to those departments. The City has a Self -Insured Retention (SIR) of $150,000 per incident, and strives to maintain a fund balance equal to three times the SIR. Alk l]] �j ,j The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 305 - WORKERS' COMPENSATION FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Charges For Services 0 437,718 0 437,718 0 0.0 % Use of Money and Property Investment Interest (12,896) 0 16,747 0 0 0.0 % Reimbursements Other Reimbursements 0 0 2,137 0 0 0.0 % Total Revenues and Other Sources (12,896) 437,718 18,884 437,718 0 0.0 % Expenditures by Category Salaries & Benefits 120,869 156,260 124,110 156,260 0 0.0 % Operations & Maintenance 226,948 356,607 300,474 356,607 0 0.0 % Total Expenditures and Other Financing Uses 347,817 512,867 424,583 512,867 0 0.0 % Excess of Revenues Over (Under) Expenditures (360,713) (75,149) (405,699) (75,149) 0 0.0 % Fund Balance, Beginning of Year 2,038,333 1,677,620 1,677,620 Fund Balance, End of Year 1,677,620 1,602,471 1,602,471 Fund Description The Workers' Compensation Fund was established in Fiscal Year 2014-15 as the City transitions to a self -insured status for Workers' Compensation liabilities. Departments are charged based on each position allocated on a Full Time Equivalent basis, with a cost assigned to each position based on job duties and potential for risk. The desired Net Position for this fund is $1.5 million, which represents three -times the City's Self -Insured Retention amount of $500,000. Alk �j ,j The Heart of Southern California Wine Country FUND: 310 - VEHICLES AND EQUIPMENT FUND City of Temecula Fiscal Year 2022-23 Quarterly Budget Report % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Charges For Services 341,896 464,445 257,049 464,445 0 0.0 % Use of Money and Property Investment Interest (20,047) 0 36,515 0 0 0.0 % Operating Transfers In Contribution From Measure S 500,000 500,000 375,000 500,000 0 0.0 % Total Revenues and Other Sources 821,849 964,445 668,564 964,445 0 0.0 % Expenditures by Category Operations & Maintenance 376,267 0 0 0 0 0.0 % Capital Outlay 0 682,095 307,589 708,595 26,500 3.9 % Total Expenditures and Other Financing Uses 376,267 682,095 307,589 708,595 26,500 3.9 % Excess of Revenues Over (Under) Expenditures 445,582 282,350 360,974 255,850 (26,500) -9.4 % Fund Balance, Beginning of Year 4,273,712 4,719,294 4,719,294 Fund Balance, End of Year 4,719,294 5,001,643 4,975,143 Fund Description The Vehicles and Equipment Fund was established to account for the depreciation of vehicles and capital equipment over their estimated useful lives, and to accumulate resources for the purchase of future replacement vehicles and equipment. Fund Balance is a combination of both spendable and non spendable assets. Departments are charged based on the replacement costs for each asset benefitting the department. Alk l]] �j ,j The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 320 - INFORMATION TECHNOLOGY FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Charges For Services 4,477,549 5,612,925 3,558,390 5,612,925 0 0.0 % Use of Money and Property Investment Interest (15,680) 0 18,822 0 0 0.0 % Operating Transfers In Contribution From Measure S 300,000 300,000 225,000 300,000 0 0.0 % Total Revenues and Other Sources 4,761,869 5,912,925 3,802,212 5,912,925 0 0.0 % Expenditures by Category Salaries & Benefits 2,204,994 2,520,960 1,876,874 2,520,960 0 0.0 % Operations & Maintenance 2,410,863 2,706,425 1,789,626 2,706,425 0 0.0 % Internal Service Fund Allocations 2,660 2,660 1,995 2,660 0 0.0 % Capital Outlay 0 115,000 7,196 115,000 0 0.0 % Total Expenditures and Other Financing Uses 4,618,517 5,345,045 3,675,690 5,345,045 0 0.0 % Excess of Revenues Over (Under) Expenditures 143,352 567,880 126,522 567,880 0 0.0 % Fund Balance, Beginning of Year 1,305,662 1,449,014 1,449,014 Fund Balance, End of Year 1,449,014 2,016,894 2,016,894 Fund Description The Information Technology Fund was established to fund and account for computer and telephone system operating and maintenance expenses. Fund Balance is a combination of both spendable and non spendable assets. Adjustments are made to Fund Balance to include additional spendable resources available for expenditure. Departments are charged based on the number of electronic devices assigned. The Ronald H. Roberts Temecula Public Library facility is charged directly for all IT expenditures and personnel costs related to the facility. Alk l]] �j ,j The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 325 - TECHNOLOGY REPLACEMENT FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Charges For Services 190,474 160,000 129,075 160,000 0 0.0 % Use of Money and Property Investment Interest (15,493) 0 28,119 0 0 0.0 % Operating Transfers In Contribution From Measure S 500,000 500,000 375,000 500,000 0 0.0 % Total Revenues and Other Sources 674,981 660,000 532,194 660,000 0 0.0 % Expenditures by Category Operations & Maintenance 264,356 0 0 0 0 0.0 % Capital Outlay 0 142,787 89,465 163,987 21,200 14.8 % Transfers 0 763,534 0 763,534 0 0.0 % Total Expenditures and Other Financing Uses 264,356 906,321 89,465 927,521 21,200 2.3 % Excess of Revenues Over (Under) Expenditures 410,625 (246,321) 442,729 (267,521) (21,200) 8.6 % Fund Balance, Beginning of Year 2,060,546 2,471,171 2,471,171 Fund Balance, End of Year 2,471,171 2,224,851 2,203,651 Fund Description The Technology Replacement Fund was established in Fiscal Year 2014-15 in order to accumulate resources for computer and telephone equipment and software to fund future equipment replacement. Fund Balance is a combination of both spendable and non spendable assets. Contributions to this fund are made by departments utilizing the assets in an amount equivalent to the estimated cost to replace the item at the end of its useful life. Alk l]] �j ,j The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 330 - SUPPORT SERVICES FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Charges For Services 336,771 379,963 248,818 379,963 0 0.0 % Use of Money and Property Investment Interest (301) 0 370 0 0 0.0 % Total Revenues and Other Sources 336,470 379,963 249,188 379,963 0 0.0 % Expenditures by Category Salaries & Benefits 239,455 253,946 194,507 253,946 0 0.0 % Operations & Maintenance 97,617 126,018 97,823 126,018 0 0.0 % Total Expenditures and Other Financing Uses 337,072 379,963 292,330 379,963 0 0.0 % Excess of Revenues Over (Under) Expenditures (602) 0 (43,142) 0 0 0.0 % Fund Balance, Beginning of Year 4,024 3,422 3,422 Fund Balance, End of Year 3,422 3,422 3,422 Fund Description The Support Services Fund was established as a cost center for the City's central receptionist, duplicating, printing, and mailing activities. It is also used to depreciate all related copying and mailing equipment over their useful lives, and to accumulate resources for the purchase of future equipment. Fund Balance is a combination of both spendable and non spendable assets. Departments are charged based on a count of copies made in the previous fiscal year. ,j Alk The Heart of Southern California Wine Country FUND: 340 - FACILITIES FUND City of Temecula Fiscal Year 2022-23 Quarterly Budget Report % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Charges For Services 1,475,674 1,651,435 1,047,593 1,651,435 0 0.0 % Use of Money and Property Investment Interest (5,485) 0 6,267 0 0 0.0 % Total Revenues and Other Sources 1,470,189 1,651,435 1,053,860 1,651,435 0 0.0 % Expenditures by Category Salaries & Benefits 431,172 598,277 353,608 598,277 0 0.0 % Operations & Maintenance 1,049,988 1,058,708 831,698 1,058,708 0 0.0 % Total Expenditures and Other Financing Uses 1,481,160 1,656,985 1,185,306 1,656,985 0 0.0 % Excess of Revenues Over (Under) Expenditures (10,971) (5,550) (131,446) (5,550) 0 0.0 % Fund Balance, Beginning of Year 588,587 577,616 577,616 Fund Balance, End of Year 577,616 572,066 572,066 Fund Description The Facilities Fund was established to account for the cost of the Civic Center, Former City Hall Facility, City Maintenance Facility, Field Operations Center, and Civic Center Parking Structure operations and maintenance. Fund Balance is a combination of both spendable and non spendable assets. Departments are charged based on square footage allotted as well as full time staff equivalents assigned. Alk l]] �j ,j The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 350 - FACILITY REPLACEMENT FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Charges For Services 64,643 76,009 55,224 76,009 0 0.0 % Use of Money and Property Investment Interest (2,185) 0 7,900 0 0 0.0 % Operating Transfers In Contribution From Measure S 660,000 660,000 557,500 660,000 0 0.0 % Total Revenues and Other Sources 722,458 736,009 620,624 736,009 0 0.0 % Expenditures by Category Operations & Maintenance 105,338 0 0 0 0 0.0 % Capital Outlay 4,138 10,191 10,224 10,191 0 0.0 % Transfers 249,644 1,230,050 0 1,230,050 0 0.0 % Total Expenditures and Other Financing Uses 359,120 1,240,241 10,224 1,240,241 0 0.0 % Excess of Revenues Over (Under) Expenditures 363,338 (504,232) 610,400 (504,232) 0 0.0 % Fund Balance, Beginning of Year 382,769 746,107 746,107 Fund Balance, End of Year 746,107 241,875 241,875 Fund Description The Facility Replacement Fund was established to accumulate resources for the future replacement of equipment, systems and fixtures within City -owned facilities. Alk l]] �j ,j The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 395 - 2018 FINANCING LEASE (CIVIC CENTER) FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Operating Transfers In Operating Transfers In 1,962,107 13,425,327 13,425,327 13,425,327 0 0.0 % Total Revenues and Other Sources 1,962,107 13,425,327 13,425,327 13,425,327 0 0.0 % Expenditures by Category Operations & Maintenance 1,962,107 13,425,327 13,425,327 13,425,327 0 0.0 % Total Expenditures and Other Financing Uses 1,962,107 13,425,327 13,425,327 13,425,327 0 0.0 % Excess of Revenues Over (Under) Expenditures 0 0 0 0 0 0.0 % Fund Balance, Beginning of Year 0 0 0 Fund Balance, End of Year 0 0 0 Fund Description This fund was established to account for the payment of interest and principal of the refunding of the 2001 and 2008 Certificates of Participation (COPS). The 2001 COPs were originally issued to finance the construction of the Community Recreation Center and the 2008 COPS were originally issued to finance the construction of the Civic Center. In Fiscal Year 2018-19, the terms of the lease were refinanced, lowering the interest rate from 3.75% to 3.42%. The term of the lease expires September 1, 2033. Alk l]] �j ,j The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 396 - 2018 FINANCING LEASE (MRC) FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Operating Transfers In Operating Transfers In 555,806 5,316,429 5,316,429 5,316,429 0 0.0 % Total Revenues and Other Sources 555,806 5,316,429 5,316,429 5,316,429 0 0.0 % Expenditures by Category Operations & Maintenance 555,806 5,316,429 5,316,429 5,316,429 0 0.0 % Total Expenditures and Other Financing Uses 555,806 5,316,429 5,316,429 5,316,429 0 0.0 % Excess of Revenues Over (Under) Expenditures 0 0 0 0 0 0.0 % Fund Balance, Beginning of Year 0 0 0 Fund Balance, End of Year 0 0 0 Fund Description This fund was established to account for the payments of interest and principal related to the financing of the rehabilitation of the Margarita Recreation Center (MRC). The Lease Agreement, dated August 1, 2018, generated $6.5 million in proceeds at an interest rate of 3.42%. The Term of the lease expires September 1, 2033, Alk l]] �j ,j The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 335 - SUPPORT SERVICES REPLACEMENT FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Charges For Services 41,997 25,000 30,675 25,000 0 0.0 % Use of Money and Property Investment Interest (2,516) 0 3,975 0 0 0.0 % Total Revenues and Other Sources 39,481 25,000 34,650 25,000 0 0.0 % Expenditures by Category Operations & Maintenance 54,403 0 0 0 0 0.0 % Capital Outlay 0 25,000 12,964 25,000 0 0.0 % Total Expenditures and Other Financing Uses 54,403 25,000 12,964 25,000 0 0.0 % Excess of Revenues Over (Under) Expenditures (14,922) 0 21,686 0 0 0.0 % Fund Balance, Beginning of Year 404,324 389,402 389,402 Fund Balance, End of Year 389,402 389,402 389,402 Fund Description The Support Services Replacement Fund was established to accumulate resources for the future replacement of the City's duplicating equipment. Alk l]] �j ,j The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 105 - NPDES IN LIEU FEES FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Development Fees 1,943 175,743 172,877 175,743 0 0.0 % Use of Money and Property Investment Interest (3) 0 957 0 0 0.0 % Total Revenues and Other Sources 1,940 175,743 173,834 175,743 0 0.0 % Expenditures by Category Transfers 0 500,857 0 500,857 0 0.0 % Total Expenditures and Other Financing Uses 0 500,857 0 500,857 0 0.0 % Excess of Revenues Over (Under) Expenditures 1,940 (325,114) 173,834 (325,114) 0 0.0 % Fund Balance, Beginning of Year 0 1,940 1,940 Fund Balance, End of Year 1,940 (323,174) (323,174) Fund Description This fund was established to account for the collection of In Lieu fees associated with the National Pollutant Discharge Elimination System (NPDES). Alk l]] �j ,j The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 106 - UPTOWN TEMECULA NEW STREETS IN -LIEU FEES Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Development Impact Fees 0 0 0 0 0 0.0 % Use of Money and Property Investment Interest (6,630) 0 10,438 0 0 0.0 Total Revenues and Other Sources (6,630) 0 10,438 0 0 0.0 Expenditures by Category Transfers 0 500,857 0 500,857 0 0.0 Total Expenditures and Other Financing Uses 0 500,857 0 500,857 0 0.0 Excess of Revenues Over (Under) Expenditures (6,630) (500,857) 10,438 (500,857) 0 0.0 Fund Balance, Beginning of Year 895,391 888,761 888,761 Fund Balance, End of Year 888,761 387,904 387,904 Fund Description This fund was established in conjunction with the adoption of the Uptown Temecula Specific Plan New Streets In -Lieu Fee. The Specific Plan requires developers to dedicate right-of-way and construct new street improvements adjacent to or through their development sites. Developers within the Specific Plan who cannot contribute right-of-way and/or build new streets will be charged a new streets in -lieu fee. Alk l]] �j ,j The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 006 - FIRE FACILITY ACQUISITION FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Use of Money and Property Investment Interest 0 0 17,271 0 0 0.0 % Operating Transfers In Operating Transfers In 1,500,000 1,500,000 0 1,500,000 0 0.0 % Total Revenues and Other Sources 1,500,000 1,500,000 17,271 1,500,000 0 0.0 % Excess of Revenues Over (Under) Expenditures 1,500,000 1,500,000 17,271 1,500,000 0 0.0 % Fund Balance, Beginning of Year 0 1,500,000 1,500,000 Fund Balance, End of Year 1,500,000 3,000,000 3,000,000 Fund Description This fund was established to accumulate resources necessary to acquire property for a future Fire Station, construct new Fire Station or refurbish existing Fire Stations. Alk l]] �j ,j The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 108 - ARPA % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Intergovernmental Revenues Grants 7,039,754 7,039,754 7,039,754 7,039,754 0 0.0 % Total Revenues and Other Sources 7,039,754 7,039,754 7,039,754 7,039,754 0 0.0 % Expenditures by Category Transfers 7,039,754 7,039,754 7,039,754 7,039,754 0 0.0 % Total Expenditures and Other Financing Uses 7,039,754 7,039,754 7,039,754 7,039,754 0 0.0 % Excess of Revenues Over (Under) Expenditures 0 0 0 0 0 0.0 % Fund Balance, Beginning of Year 0 0 Fund Balance, End of Year 0 0 0 Fund Description This fund was established to account for the receipt of Federal 2021-22 American Rescue Plan Act (ARPA) funds ,j Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 110 - COVID-19 PANDEMIC COMMUNITY REINVESTMENT PROGRAM % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Operating Transfers In Operating Transfers In 7,040,000 7,040,000 7,040,000 7,040,000 0 0.0 % Total Revenues and Other Sources 7,040,000 7,040,000 7,040,000 7,040,000 0 0.0 % Expenditures by Category Salaries & Benefits 5,106 24,067 22,037 24,067 0 0.0 % Operations & Maintenance 0 2,483,665 333,775 2,483,665 0 0.0 % Capital Outlay 0 0 43,761 0 0 0.0 % Transfers 0 4,500,000 0 4,500,000 0 0.0 % Total Expenditures and Other Financing Uses 5,106 7,007,732 399,573 7,007,732 0 0.0 % Excess of Revenues Over (Under) Expenditures 7,034,894 32,268 6,640,427 32,268 0 0.0 % Fund Balance, Beginning of Year 0 7,034,894 7,034,894 Fund Balance, End of Year 7,034,894 7,067,162 7,067,162 Fund Description This fund was established in Fiscal Year 2021-22 to provide various community grants to support the local economy in its recovery from the COVID-19 global pandemic. Available General Fund balance was transferred into this fund to establish this new program. Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: September 12, 2023 SUBJECT: Adopt Ordinance No. 2023-07 Amending Titles 5, 8, and 17 of the Temecula Municipal Code, and Adopt a Resolution Setting the Fee for a Tobacco Shop Permit and Find that this Ordinance is Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061 (b)(3) (Second Reading) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt an ordinance entitled: ORDINANCE NO. 2023-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 5, 8, AND 17 OF THE TEMECULA MUNICIPAL CODE TO (1) AMEND MASSAGE ESTABLISHMENT REGULATIONS, (2) ADD DEFINITIONS FOR TOBACCO SHOP, TOBACCO SHOP PERMIT AND UPDATE DEFINITIONS OF TOBACCO PRODUCT AND TOBACCO PARAPHERNALIA, (3) IMPLEMENT A TOBACCO SHOP PERMIT PROGRAM TO INCLUDE STRUCTURAL AND OPERATIONAL REQUIREMENTS, (4) UPDATE TOBACCO RETAILERS LICENSE PROCESSES, (5) AMEND REGULATIONS ON SMOKING IN HOTEL ROOMS, (6) REMOVE TOBACCO SHOP AS A CONDITIONALLY PERMITTED USE IN TABLE 17.08.030, (7) IMPLEMENT TOBACCO SHOP PERMIT REQUIREMENTS IN PLANNED DEVELOPMENT OVERLAY ZONING DESIGNATIONS 1 AND 4, AND (8) MAKE A FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (13)(3) 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. 2023-07 was first introduced at the regularly scheduled meeting of August 22, 2023. FISCAL IMPACT: None ATTACHMENTS: Ordinance ORDINANCE NO.2023-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 5, 8, AND 17 OF THE TEMECULA MUNICIPAL CODE TO (1) AMEND MASSAGE ESTABLISHMENT REGULATIONS, (2) ADD DEFINITIONS FOR TOBACCO SHOP, TOBACCO SHOP PERMIT AND UPDATE DEFINITIONS OF TOBACCO PRODUCT AND TOBACCO PARAPHERNALIA, (3) IMPLEMENT A TOBACCO SHOP PERMIT PROGRAM TO INCLUDE STRUCTURAL AND OPERATIONAL REQUIREMENTS, (4) UPDATE TOBACCO RETAILERS LICENSE PROCESSES, (5) AMEND REGULATIONS ON SMOKING IN HOTEL ROOMS, (6) REMOVE TOBACCO SHOP AS A CONDITIONALLY PERMITTED USE IN TABLE 17.08.030, (7) IMPLEMENT TOBACCO SHOP PERMIT REQUIREMENTS IN PLANNED DEVELOPMENT OVERLAY ZONING DESIGNATIONS 1 AND 4, AND (8) MAKE A FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (B)(3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to make minor revisions and clarifications to portions of Title 5 (Business Licenses and Regulations), Title 8 (Health and Safety), and Title 17 (Zoning) of the Temecula Municipal Code. B. The code amendments are being made to address operational concerns surrounding massage establishments, implement a new permit for tobacco shops to include operational standards, and remove tobacco shop as a conditionally permitted use in the neighborhood commercial zoning district. In addition, the ordinance updates the number of permitted smoking rooms allowed in hotels in accordance with changes in state law. Finally, the code amendment makes minor typographical edits to the code. C. As required by State law, the Planning Commission considered the proposed amendments to Title 17 (Zoning) of the Temecula Municipal Code ("Ordinance") on July 19, 2023, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support of or opposition to this matter. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted PC Resolution No. 2023-14, recommending that the City Council approve the code amendments. E. The City Council, at a regular meeting, considered the Ordinance on August 22, 2023, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. F. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 2. Further Findings. The City Council, in approving the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: 1. The proposed uses are allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the general plan. The proposed changes to Title 17 include removal of tobacco shop as a permitted use in Neighborhood Commercial Zoning Designation and requiring Tobacco Shops in Planned Development Overlay (PDO) districts No. 1 and 4 to adhere to the new requirements of a Tobacco Shop Permit. These changes are prohibiting land uses or imposing requirements on existing uses, rather than allowing a use where it was not previously permitted. All other proposed amendments are minor clarifications and typographical edits and do not propose any land use changes contrary to the adopted General Plan. 2. The proposed uses are in conformance with the goals, policies, programs and guidelines of the elements of the general plan. The proposed amendments to Title 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. The majority of the Code Amendments do not create or allow new uses where they were not previously allowed. Only the revisions to the Neighborhood Commercial (NC) Zoning district impact the use of land. The Code Amendments would remove Tobacco Shop as a permitted use in the NC Zoning district only. The remaining proposed amendments to the Temecula Municipal Code are minor clarifications and typographical edits and do not result in a contrary policy direction or indicate an inconsistency between the Temecula Municipal Code and the adopted General Plan. 3. The proposed uses are to be established and maintained in a manner which is consistent with the general plan and all applicable provisions contained therein. The proposed amendments to Title 5, 8, and 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. The proposed changes to massage establishments modify definitions and operational requirements, require notarized documentation for exempt massage facilities and the prohibition of pets furthers Policy 5.4 of the Economic Development Element of the Temecula General Plan, which is to "Monitor existing businesses and support small businesses and the business retention program to encourage local employment and growth of local businesses." Changes to tobacco regulations include modifying definitions, implementing an annual permit for tobacco shops to include operational requirements, and updating the number of designated smoking rooms is in compliance with Goal 3 of the Community Design Element of the Temecula General Plan which is to ensure "Preservation and enhancement of the positive qualities of individual districts or neighborhood." All other proposed amendments are clarifications and typographical edits and do not propose any land use changes contrary to the adopted General Plan. Section 3. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Municipal Code amendments would have a significant impact on the environment. The Municipal Code amendments are minor policy changes, changes required by state law, and the imposition of regulations on existing uses and will not increase the intensity or density of any land use. A Notice of Exemption has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines. Section 4. Section 5.22.020 (Definitions) of Chapter 5.22 (Massage and Massage Establishments) of Title 5 (Business License and Regulations) of the Temecula Municipal Code is hereby amended to amend the definition of "Massage" as follows (with additions appearing in underlined text), with all other provisions of Section 5.22.020 remaining unchanged: "Massage" means the scientific manipulation of the soft tissues of the human body. "Massage" includes bodywork such as reiki, trigger point, hiatsu, cpppin and l3phatic drainage. Section 5. A new Item 5.22.040.A.I is hereby added to Subsection 5.22.040.A of Section 5.22.040 (Massage Establishment Permit Required) of Chapter 5.22 (Massage and Massage Establishments) of Title 5 (Business License and Regulations) of the Temecula Municipal Code (with additions appearing in underlined text), with all other provisions of Section 5.22.040 remaining unchanged: A. It is unlawful for any person to engage in, operate, conduct or carry on, in or upon any premises, a massage establishment without first obtaining a massage establishment permit pursuant to this chapter, securing the necessary business license as required by this code, and complying with Title 5 of this code. A separate permit shall be obtained for each separate massage establishment operated by such person. 1. Massage establishments include facilities that provide Reiki, Trigger Point, Shiatsu, Cupping, Lymphatic Drainage and any other activity that meets the definition of massage, as defined in Section 5.22.020 of this code. Professionals of such massage practices or any activity that meets the definition of massage as defined in Section 5.22.020 of this code shall be CAMTC certified in accordance with Section 5.22.030 of this code. 3 Section 6. Item 5.22.090.A.1 of Subsection 5.22.090.A (Requirements applicable to the operation of outcall services) of Chapter 5.22 (Massage and Massage Establishments) of Title 5 (Business License and Regulations) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text), with all other provisions of Section 5.22.090 remaining unchanged: A. Outcall Massage. No person shall provide outcall massage in the city unless all of the following requirements are met: 1. The appointment for the outcall massage is performed only under a physician's written recommendation or order and the appointment was made by a massage establishment in good standing under this chapter and the massage professional is employed by the same massage establishment. Section 7. A new Subsection "28" (Pets) is hereby added to Subsection B (Operations) of Section 5.22.080 (Requirements applicable to the operation of massage establishments.) of Chapter 5.22 (Massage and Massage Establishments) of Title 5 (Business License and Regulations) of the Temecula Municipal Code to read as follows (with additions appearing in underlined text), with all other provisions of Section 5.22.080 remaining unchanged: 28. Pets. No pet(s) or live animal mascots, regardless of species, shall be allowed on site of any massage establishment, except for a working "service animal" as defined in Section 6.04.010 of this code. Section 8. Subsection 5.22.120A.I (Exemptions) of Chapter 5.22 (Massage and Massage Establishments) of Title 5 (Business License and Regulations) of the Temecula Municipal Code is hereby amended to read as follows (with deletions shown in strikethrough text and additions appearing in underlined text), with all other provisions of Section 5.22.120 remaining unchanged: A. This chapter shall not apply to the following individuals or businesses while engaged in the performance of the duties of their respective professions: 1. Persons of the state of Galifomia, > but not limited to, holders of medieal degrees, sueh as pPhysicians, surgeons, chiropractors, osteopaths, and per -sons the-r- medical professionals and other persons holding a valid certificate to practice the healing arts, except for CAMTC-certified massage eg therapists, working under their direct supervision who are working at the same location as the licensed person, provided such professionals are performing massage, as defined in this chapter, at a licensed business as part of, and to the extent permitted by, their respective professions. Direct supervision, as used in this subsection, requires persons holding a valid certificate to practice the healing arts under the provisions of Division 2 (commencing with Section 500) Business and Professions Code to be present at the office of the business establishment and immediately available to furnish assistance and direction throughout the performance of the massage. The supervising medical professional is required to be physicalpresent on site. The required presence does not include virtual presence through audio/video real-time communications technology; 4 Section 9. A new subsection "C" (Affidavit) is hereby added to Section 5.22.120 (Exemptions) of Chapter 5.22 (Massage and Massage Establishments) of Title 5 (Business License and Regulations) of the Temecula Municipal Code to read as follows (with additions appearing in underlined text), with all other provisions of Section 5.22.120 remaining unchanged: C. Affidavit. All persons holding a valid certificate to practice the healing arts under the laws of the state of California who operate an exempt massage facility as defined by Section 5.22.120 of this code shall provide a notarized affidavit attesting that all massage treatments performed are under their order or direction and that they will remain on site during all such treatments. Such persons must assure that all assistants, students or aides do not function autonomously. Section 10. A new Section 5.22.155 (Violation Summary) is hereby added to Chapter 5.22 (Massage and Massage Establishments) of Title 5 (Business License and Regulations) of the Temecula Municipal Code to read as follows: 5.22.155 Violation and Penalty Table. Table 5.22.155 - Violation Summary' Level 1 VIOLATIONS Code Section Per TMC 5.22.140(B)(1) - Any violation of the provisions below are rounds to revoke a Massage Establishment Permit 5.22.070(C)(1)(a) Applicant or any officer/director of a corporation operating a massage establishment has been convicted of any crime that requires registration with any level of government or agency similar to and including Penal Code Section 290 or involves conduct that violates any law similar to and including Penal Code Sections 266(h), 266(i), 314, 315, 316, 318, 647 (a), (b), or (d), 653.22, 653.23 or any crime settled in a plea to violations of Penal Code Section 415, 602 or any lesser included or related offense. 5.22.070(C (1� )(b) Applicant or any officer/director of a corporation operating a massage establishment has been convicted of a Health and Safety Code Section 11550 offense or any offense involvingthe sale, distribution or possession of a controlled substance specified in Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058. 5.22.070(C (1)(c) Applicant or any officer/director of a corporation operating a massage establishment has engaged in conduct in another jurisdiction which, if it had occurred within the City, would constitute grounds for denial or revocation under this chapter. 5.22.070(C)(1)(d) Applicant or any officer/director of a corporation operating a massage establishment has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Penal Code Sections 11225 through 11235 or any similar provisions of law in a jurisdiction outside the state of California 5.22.070(C)(1)(e) Applicant or any officer/director of a corporation operating a massage establishment has engaged in conduct in any state or country which would constitute an offense as described in subsection 5.22.070(1)(a) or (b) of this section ^ 5.22.070(C)(1)(fl Applicant or any officer/director of a corporation operating a massage establishment has been convicted of an act involving theft, dishonesty, fraud, deceit or moral turpitude or an act of violence, which act or acts are related to the Qualifications, functions or duties of the operator of a massage establishment, or which act or acts occurred in connection with the operation of a massage establishment 5.22.070 C (1� )(g) Applicant or any officer/director of a corporation operating a massage establishment is registered under Penal Code Section 290, or any similar law in any state or other jurisdiction. 5.22.070(C)(1)(h) Applicant or any officer/director of a corporation operating a massage establishment has had a massage establishment permit, or other similar license or permit denied, suspended or revoked for cause by any governmental authority. 5.22.070(C)(1)(i) Applicant or any officer/director of a corporation operating a massage establishment has had any massage therapist or massage practitioner permit, ^ license, or certification denied, revoked or suspended by the CAMTC. 5.22.080(B)(5) No person or persons shall be allowed to live inside the massage establishment at any time. Beds, mattresses, waterbeds, futons, sofa beds, or any We of portable or convertible beds are not permitted on the premises. 5.22.080(B)(7) No person shall enter, be in or remain in anyof a massage establishment while _part in possession of, consuming using or under the influence of any alcoholic beverage, recreational drugs or controlled substance. The operator and on -duty manager shall be responsible to ensure that no such person shall enter or remain upon the massage establishment. Service of alcoholic beverages or recreational drugs shall not be allowed. 5.22.080(B)(8) No contraceptive devices, i.e., condoms or other prophylactics, or sexual devices, the primM purpose of which is for sexual stimulation, shall be sold, utilized, or allowed on the premises or possessed by any employee while on the premises. 5.22.080(B)(20) No massage professional or anyemployed by the massage establishment, _person including independent contractors, may engage in acts that a reasonable person in the client's perspective, would be understood as an offer to perform or engage in with a client, acts that are sexual in nature, nor shall any massage professional or any person employed by the massage establishment, massage the genitals or anal area of any patron, nor shall anyoperator or manager allow or permit such massage. An operator must comply with Business and Professions Code Section 4609(a) relating to sexual acts, including not allowing massage professionals to engage in any form of sexual activity on the premises of the massage establishment, or to engage in sexual activi while providing massage for , compensation. A massage professional may only provide massage of female breasts with written consent of the person receiving the massage and a referral from a licensed California health care provider. This section is not intended to prohibit any massage technique recognizedy CAMTC as legitimate, or to impose any specific restriction or professional practice beyond those set forth in Business and Professions Code Section 4609(a). No operator, manager or employee while performing any task or service associated with the massage business, shall be present in any room with another person unless the person's genitals, lg uteal crease, anus and, in the case of a female, her breasts, are fully covered. 5.22.080(B)(21) A massage professional may not wear attire that is transparent, see -through, or substantially exposes the massage professional's undergarments or that exposes his or her breasts, buttocks or genitals, or that in any way willfully and lewdly exposes his or her private parts in any that is in public or where there are other people present who may be offended or annoyed by such action. Swim attire may not be worn unless the massage professional is providing a water -based massage modality approved by the CAMTC. A massage professional shall not wear any clothing that is deemed by the CAMTC to constitute unprofessional attire. All employees of the massage establishment that are not massage professionals shall also adhere to these clothing requirements. 5.22.140(B ((a) The massage establishment is emplo�g a massagepist that does not hold a valid CAMTC license. 5.22.140(B (1� )(d) Alcoholic beverage or recreational drugs are found on -site. 5.22.140(B)(1)(e) The massage establishment has violated anyprovision of Business and Professions Code Section 4600 et seq 5.22.140(B)(1)(fl The chief of police determines that the massage establishment's operations constitute an immediate threat to the public health and safety. Level 2 VIOLATIONS Code Section Per TMC 5.22.140(B)(2) - Any three violations in a 12 month period of the provisions below are grounds to revoke a Massage Establishment Permit 5.22.080(A)(1)(a) Massage establishments shall be located in a zoning district which permits such use. When a new massage establishment is proposed to be constructed, a set of plans shall be submitted to the city for approval and shall be accompanied by he appropriate application and plan check fee. 5.22.080(A)(1)(b) No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area, shall, during business hours, block visibility into the interior reception and waiting area through the use of curtains, closed blinds, or any other material that obstructs, blurs or darkens the view into the premises. 5.22.080(A)(2) Neither signs nor the front of the business shall be illuminated by strobe, flashing lights or string lights. Each operator and/or on -du manager shall display the , massage establishment permit in a conspicuous public place in the lobby of the massage establishment. In addition, each operator and/or on -duty manager shall ensure: (a) CAMTC Certificates for each massage professional employed at the establishment (whether on -du or not,) are conspicuously displayed in the lobby , area of the massage establishment, and (b) that each massage professional has his or her identification card in his or her possession while providing massage services for compensation. 5.22.080(A)(3) Services List. Each operator shall post and maintain a list of services available and the cost of such services, in a conspicuous public place within the premises. No owner, manageror operator shall permit, and no massage professional shall offer or perform, any service other than those posted, nor shall an operator or a massage professional request or charge a fee for any service other than those on the list of services available and posted in the reception area or provided to the client in advance of any outcall services. 5.22.080(A)(4) -� Each operator shall illuminate each room or area where massage is performed with light equivalent to a minimum of forty -watt incandescent light bulb, and shall provide sufficient ventilation. Such lighting and ventilation shall otherwise comply with the current mechanical and building code of the city. The lighting in each massage room shall be activated at all times while the patron is in such room or area. 5.22.080(A)(5) -� A minimum of one toilet and one separate wash basin shall be provided for patrons in each massage establishment. Each wash basin shall be equipped with soap or detergent and hot running water at all times and shall be located in close proximity to the area devoted to the performing of massage services. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser or hand air dryer shall be provided at the restroom hand wash sink. Bar soap shall not be used. A trash receptacle shall be provided in each toilet room. Showers may be provided at the o erator's o tion. 5.22.080(A)06 If male and female patrons are to be treated simultaneously at the same massage establishment, separate massage rooms shall be provided for male and female patrons provided, however, that massage establishments having separate massage rooms for male and female patrons may provide "couples massage" in a single room, subject to the requirements of this subsection. Couples massage, concurrent massage of two persons, is permitted within one room provided all other requirements of this chapter are satisfied including, but not limited to, provision of a separate massage table and massage professional for each customer. Any room to be used for couples massage shall be sufficiently sized so as to comply with any and all applicable building and fire codes and to permit free assa e and movement of the massage professionals. 5.22.080(A)(7) All facilities of the massage establishment must be in good and shall be thoroughly cleaned and sanitized each day the business is in operation. All walls, floors and ceilings of each restroom and shower area, if any, shall be made of washable mold -resistant surfaces. 5.22.080(A)(8) A massage table shall be provided in each massage room and the massage shall be performed on this massage table. The tables shall have a minimum height of twenty-eight inches. Two-inch thick foam pads with maximum width of four feet may be used on a massage table and must be covered with durable, washable plastic or other waterproof material. Beds, floor mattresses and waterbeds are not permitted on the premises. 5.22.080(B)(1) Each operator and/or on duty manager shall provide and maintain on the premises adequate equipment for disinfecting and sterilizing instruments used in massa e. 5.22.080(B)(3) Common use of towels or linen shall not be permitted. Towels and linen shall be laundered or changed promptly after each use. Separate cabinets or containers shall be provided for the storage of clean and soiled linen and towels, and such cabinets or containers shall be plainly marked: "clean linen" and "soiled linen." 5.22.080(B)(4) Each massage establishment and/or massage professional shall provide and maintain at the location where the massage is performed adequate equipment for disinfecting and sterilizing instruments used in massage. Instruments utilized in performing massage shall not be used on more than one client unless they have been sterilized, using approved sterilization methods. 5.22.080(B)(6) No food of any kind shall be cooked or prepared in a massage establishment. No food of any kind shall be for sale or sold in the establishment. 5.22.080(B)(9) No electrical, mechanical or artificial device shall be used by the operator or any employee of the massage establishment for audio and/or video recordingor r for monitoring the performance of a massage or the conversation or other sounds in the massage rooms without the written consent of the patron. 5.22.080(B)(10) The operator and/or manager of the massage establishment shall maintain a roster of all employees, including operators, managers and massage professionals, showing each name, nickname and alias, home address, age, birth date, gender, height, weight, color of hair and eyes, phone number, Social Security Number, CAMTC certificate number, date of employment, and duties of each employee. The foregoing roster and all information therein shall be maintained on the premises for a period of two years following the termination of each employee. Upon consent or upon obtaining an applicable warrant, the operator or manager on duty shall make the roster immediately available for inspection during all hours the massage establishment is open for business. Information in the roster shall be available for inspection only try or police department representatives while performing official duties. It is unlawful for a massage establishment to employ or retain any person to provide massage for compensation, or to allow any person to provide massage for compensation on the premises of a massage establishment, unless that person is listed as a massage professional on the massage permit issued pursuant tothis cha ter. 5.22.080(B)(11) The massage professional shall provide to each patron clean, sanitary and opaque coverings capable of covering areas of the patron identified as prohibited massage areas including the genital area, anus and female breast(s). Re -use of such coverings is prohibited unless adequately cleaned and sanitized. 5.22.080(B)(12) Every person operating a massage establishment shall keep a record of the dates and hours of each treatment or service provided, the name and address of the patron, the name of massage professional administering such service and a description of the treatment or service rendered. 5.22.080(B)(13) The owner must advise the city, in writing, at the time of application for a permit of the business hours, and any change in hours occurring thereafter. No person shall operate a massage establishment or administer a massage in any massage establishment or at an outcall location booked by that massage establishment between the hours of nine p.m. and seven a.m. All massages must terminate by nine p.m., regardless of the start time. All customers, patrons and visitors shall be excluded from the massage establishment during these hours and be advised of these hours. The hours of operation must be displayed in a conspicuous public place in the lobby within the massage establishment and in the front window clearly visible from the outside. It is the obligation and responsibili of the , massage establishment to inform clients of the requirement that any massage service must cease by nine p.m. 5.22.080(B)(14) No permitted massage establishment shall place, publish or distribute, or cause to be placed, published or distributed, in any publication or any website, any advertisingthat hat depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than those services authorized by the Massage Therapy Act and pursuant to this chapter. No massage establishment shall employ language in the text of such advertising that would reasonably suggest to a prospective patron that any service is available other than those services authorized by this chapter. The massage establishment shall ensure that it and all certified massage professionals comply with Business and Professions Code Sections 4608, 4609 and 4611, by requiring the massage professionals to include the name under which he or she is certified and his or her certificate number in yLny and all advertising of massage for com ensation• to not engage in sexually suggestive advertising related to massage services; to not hold him or herself out as a certified massage professional, or use terms such as "licensed" or "certified," that implies that an uncertified person is certified as a massage professional; to not falsely state or advertise or put out any sign or card, or to falsely represent to the public, that any individual is licensed, certified, or registered as a massage professional if that individual is not so certified by the CAMTC. 5.22.080(B)(15) No operator or manager shall engage in, conduct or carry on the business of a massage establishment unless there is on file with the police department, in full force and effect at all times, documents issued by an insurance company authorized to do business in the state of California evidencing that the permit holder is insured under a liability insurance policy providing minimum coverage of one million dollars for personal injury or death to one person arising out of the operation of the massage establishment and/or the administration of any massage. Evidence of the required insurance shall be provided to the chief of police at the time an initial application, or renewal application, is filed. 5.22.080(B)(16) All massage establishments must comply with all state and federal laws and regglations providing for access to and receipt of services by disabled persons. 5.22.080(B)(17) All front, reception, hallway or front exterior doors (except back or exterior doors used solely for employee entrance to and exit from the massage establishment) shall be unlocked during business hours, except as may be permitted by applicable law (such as the Temecula Fire Code) which allow for safety doors that may be opened from the inside when locked. No massage may be performed within any cubicle, room, booth or any other area within a massage establishment that is fitted with a lock of an,, kind as a locking doorknob, padlock, dead bolt, sliding bar or similar device), unless the door is an exterior door. No entry doors to any room shall be obstructed by any means. The requirement that an exterior door must remain unlocked at all times does not apply to any massage establishment owned by one individual with one or no employees or independent contractors. 5.22.080(B)(18) No person shall be permitted to be within a massage establishment except within the lobby or reception area, or area where a customer is receiving massage services, during hours of operation, unless that person has been disclosed to the Lty as required under this chapter, including Section 5.22.060(A)(5). 5.22.080(B)(19) No massage establishment may discriminate or exclude patrons on the basis of their race, sex, religion, age, disability or any other classification protected under federal or state laws, rules or regulations. 5.22.080(B)(22) The operator and on du manager shall be jointly responsible for the conduct of , all employees while the employees are on the premises of the massage establishment. Any act or omission of an employee constituting a violation of any provision of this chapter shall be deemed to be an act or omission of the operator and on duty managerpurposes of determining whether the massage establishment permit should be revoked, or an application for such permit or renewal thereof, denied. 5.22.080(B)(23j No operator or manager shall employ any person as a massage professional who does not hold a CAMTC Certificate. Every operator or manager shall report to the chief of police any change of employees, whether by new or renewed employment, discharge or termination, on the form and in the manner required by the chief of police. The report shall contain the name of the employee and the date of hire or termination. The report shall be made within ten business days of the date of hire or termination. The operator and manager must notify the chief of police 10 immediately upon the massage establishment's notice of any disciplinm action taken by the CAMTC regarding one of the establishment's massage professionals and submit a copy of the notice or order. This provision requires reportin to o the chief of police, even if the operator or manager believes that the chief of police has or will receive the information from another source. 5.22.080(B)(24) No massage establishment shall operate as a school of massage, or use the same facilities as that of a school of massage, 5.22.080(B)(25) Operation of a massage establishment without a qualified manager being present at all times that the massage establishment is open for business is prohibited. 5.22.080(B)(26) Each operator and on -duty manager shall at all times comply with all provisions of this chapter and all other applicable provisions of the Temecula Municipal Code, all conditions of any required zoning approvals, conditions imposed by the chief of police, and all state and federal laws, statutes and regulations, and shall provide roof of compliance u on request by the police department. 5.22.080(B)(27) Each massage establishment shall have and maintain a dedicated telecommunication device physically at the business location with an assigned telephone number capable of receiving_ incoming calls and dialingout ut to emergency services specifically 911. 5.22.080(B)(28) No pet(s) or live animal mascot(s), regardless of species, shall be allowed on site of any massage establishment, the only exemption shall be a working "service animal" as defined in Section 6.04.010 of this code. ' This is a summary of violations only. Please see the referenced code sections for complete details an omission from this table does not remove the burden of compliance. Section 11. Chapter 5.24 is hereby renamed as "Licensure of Tobacco Retailers and Tobacco Shops". Section 12. Section 5.24.030 (Definitions) of Chapter 5.24 (Licensure of Tobacco Retailers) of Title 5 (Business Licenses and Regulations) of the Temecula Municipal Code is hereby amended to add definitions for "Tobacco Shop" and "Permit" and to revise the definitions for "Tobacco paraphernalia" and "Tobacco product" to read as follows (with additions appearing in underlined text) with all other provisions of Section 5.24.030 remaining unchanged: "Tobacco Shop" means any premises dedicated to the disnlav, sale, distribution, delivery, offerin furnishing, or marketing of tobacco, tobacco products, tobacco accessories, or tobacco paraphernalia, including all non -tobacco products that contain nicotine. Any premises that dedicates more than 10 percent of its floor space(excluding bathrooms, kitchens, breakrooms, and other exclusive employee use common areas) to tobacco products, tobacco accessories or tobacco paraphernalia shall be considered a "Tobacco Shop" for purposes of this chapter. If a premises dedicates less than 10 percent of its floor space (excluding bathrooms, kitchens, breakrooms, and other exclusive employee use common areas) to tobacco products, tobacco accessories or tobacco paraphernalia, then it shall be considered a "Tobacco Retailer" as defined in Section 5.24.030. and is not governed by this Chapter. "Tobacco Shop Permit" or "TSP" means a Tobacco Shop Permit issued pursuant to this chapter. m "Tobacco paraphernalia" means cigarette papers or wrappers, pipes, electronic cigarette or vqping devices, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco products. "Tobacco product" means: 1. Any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, electronic cigarette or vaping device to include liquid, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; and 2. Any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body but does not include any product specifically approved by the Federal Food and Drug Administration for use in treating nicotine or tobacco product dependence. Section 12. A new Section 5.24.120 "Tobacco Shops" is hereby added to Chapter 5.24 (Licensure of Tobacco Retailers) of Title 5 (Business Licenses and Regulations) of the Temecula Municipal Code to read as follows (with additions appearing in underlined text): 5.24.120 Tobacco Shops. A. Tobacco Shop Permit (TSP) Required. 1. It is unlawful for any person to engage in, operate, conduct or carry on, in or upon any premises, a tobacco shop without first obtaining a permit pursuant to this chapter, securing the necessary business license as required by this code, and complying with Title 5 of this code. A separate permit shall be obtained for each separate tobacco shop operated by such person. 2. A permit to operate a tobacco shop shall be valid for a period of one year and shall expire in conjunction with the business license. B. Maximum Number of Tobacco Shops. 1. The maximum number of tobacco shops within the city shall not exceed one tobacco shop per every ten thousand (10,000) inhabitants of the city, with any fraction of that ratio being rounded down to the nearest whole number. For purposes of this section, the total number of inhabitants of the citv shall be determined by the most current published data available from the California State Department of Finances, as of the date an application for a tobacco shop permit is filed. 2. If there is no lapse in the timely renewal of a city business license and tobacco retailers license as required under this chapter, tobacco shops operating with a valid and current business license and current and valid Tobacco Retailers License no later than sixty 60) days after the effective date of this ordinance and that operate in compliance with all local, state and federal laws, ordinances, rules and regulations, may continue to operate in the city even if the number of tobacco shops exceed the maximum number of tobacco shops permitted in the city pursuant to subsection B(1) above and separation requirements pursuant to subsection E(1)(a) of this chapter. 3. Any owner that meets the requirements of subsection 2 above may sell or transfer the tobacco shop, but the new owner of the tobacco shop shall apply and obtain a tobacco shop 12 permit before the new owner or operator begins operating the tobacco shop. If the tobacco shop that is sold or transferred does not have a history of violating any provisions of the chapter for at least one year preceding the date of sale or transfer of the business, the business may obtain a tobacco shop permit to operate in the city even if the number of tobacco shops exceed the maximum number of tobacco shops permitted in the city pursuant to subsection B(1) above, as long as the business meets all the requirements of Section 5.24.120(D). C. Application for Tobacco Shop Permit. 1. All persons desiring a tobacco shop permit shall file a written application on the required form available at the citesplanning department. The application, to be signed under penalty of perjury, shall be accompanied by the appropriate filing fee established by resolution of the city council. The applicant must be at least twenty-one (21) years of age at the time of application. The application shall be completed and signed by the operator of the proposed tobacco shop, if a sole proprietorship; one e�partner, if the operator is a partnership; one officer or one director, if the operator is a corporation; and one participant, if the operator is a joint venture. The application for a tobacco shop permit does not authorize operation of a tobacco shop unless and until such permit has been properly granted. The application shall contain or be accompanied by the following information: a. The type of ownership of the business; for example, whether an individual, partnership, or corporation. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the state and date of incorporation and the names and residence addresses of each of its current officers and directors, and of each stockholder holding more than five percent of the stock of that corporation. If the applicant is a partnership, the application shall set forth the name and residence of each of the partners, including limited partners. If the business is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the Secretary of State. If one or more of the partners is a corporation, the provisions of this subsection pertainingto o corporations shall apply; b. The precise name under which the tobacco shop is to be conducted; c. The complete address, all telephone numbers, and email address of the tobacco shop; d. The following personal information concerningthe he applicant: i. Full complete name and all aliases used by the applicant, ii. Current address and all previous residential addresses for eight years immediately preceding the present address of the applicant, iii. Acceptable proof that the applicant is at least twenty-one (21) years of age, iv. Proof of legal residency and/or the ability to legally work in the United States, v. The applicant's complete business, occupation and employment history for eight years preceding the date of application, including, but not limited to, the tobacco shop or similar business history and experience of the applicant, vi. The complete tobacco shop license history of the applicant, whether such person has ever had any permit, license, or certification to conduct sales of tobacco products issued or denied by any governmental authority; the date of issuance of 13 such a permit or license, whether the permit or license was denied, revoked or suspended; and the reason therefor, vii. Whether the applicant has ever had a tobacco retailers license, tobacco shop permit, or any_permit/license required for the operation of a tobacco shop denied, revoked or suspended by any government authority, and the reason therefor, viii. All criminal convictions occurring in any state or country, including convictions resulting from any plea of nolo contendere (no contest), within the last ten years, including those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding infraction traffic violations, and the date and place of each such conviction and reason therefor, ix. Information re ag rding any pending criminal charges against the applicant, and x. A complete set of fingerprints taken by the police department. e. The name and address of the owner and lessor of the premises upon or in which the tobacco shop is to be located. In the event the applicant is not the legal owner of the premises, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the premises that a tobacco shop will be located on the premises, and that the tobacco shop must operate in compliance with the requirements of this chapter; f. Such other identification and information as the chief of police may reauire in order to discover the truth of the matters required to be set forth in the application; g. A statement in writing and dated by the applicant that he or she certifies under penalty of perjury that all information contained in the application is true and correct; h. Statements in writing and dated by the applicant and the applicant's designated manager(s) certify under nder penalty of perjury that they: i. Have reviewed Chapter 5.24 and Chapter 8.56 of the Temecula Municipal Code, ii. Understand its contents, iii. Understand the duties of a manager, iv. Will only ploy persons of legal age to sell tobacco products, v. Authorize the chief of police to investigate the truth of the information contained in the application, and vi. Will be responsible for the conduct of all tobacco shop operators, employees, agents, independent contractors, or other representatives while such persons are on the premises of the tobacco shop, and that failure to comply with the provisions of this chapter and any federal, state, or local law, may result in the revocation of the tobacco shop permit. If, during the term of a tobacco shop permit, the permit holder has any change in information submitted on the original or renewal application, the permit holder shall notify the police department of such change, within ten (10) business days thereafter, in writing and A floor plan of the proposed tobacco shop showing all interior areas, includingareas reas where tobacco products are stored or sold, all doors, display cases, restrooms, plumbing, and an., other features required by the chief of police. 14 k. The applicant, if a corporation or partnership, shall designate one or more of its officers or partners to act as manager during business hours. If the applicant is an individual, then that individual, or designee thereof shall act as manager. Each person who shall serve as manager shall complete and sign all application forms required of an individual ,qpplicant for a tobacco shop permit. 1. Notwithstanding the fact that an application filed under this section may be a "public record" under Government Code Section 6250, et seq., certain portions of such application contain information vital to the effective administration and enforcement of the licensing and/or permit scheme established herein which is personal, private, confidential, or the disclosure of which could expose the applicant to a risk of harm. Those portions of the application which are not subject to disclosure are: the applicant's residence address and telephone number, the applicant's date of birth and/or age, the applicant's driver's permit and/or social security number, and/or personal financial data. The city council in adopting the he application or permitting system set forth herein has determined in accordance with Government Code Section 6255 that the public interest in disclosure of the information set forth above is outweighedy the public interest in achieving compliance with this chapter by ensuring that the applicant's privacy, confidentially or security interests are protected. The city clerk shall cause to be redacted from any copy of a completed permit application made available to any member of the public, the information set forth above. D. Tobacco Shon Permit Issuance and Denial. 1. Upon receipt of a written application for a tobacco shop permit, the chief of police shall conduct an investigation to ascertain whether the applicant satisfies the requirements of this chapter. The chief of police shall, within thirty (30) days of receipt of an application, and on a first -come -first -served -basis, approve, conditionally approve or deny the gpplication. The thirty -day (30) period may be extended for up to thirty (30) additional days, if necessary, to complete the investigation at the discretion of the chief of police or their designee. 2. The chief of police shall deny all tobacco shop permit application(s) if the maximum number of tobacco shops under section 5.24.120(B)(1) has been met. 3. The chief of police shall deny all tobacco shop permit application(s) if they make any of the followingfindings: a. The applicant, if an individual, or any of the officers or directors of the corporation, if the applicant is a corporation; or a partner, if the applicant is a partnership, or any person directly engaged or employed in the tobacco shop, includingif f any of the above listed parties, has within ten (10) years preceding the date of application: i. Been convicted of a violation of Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058: ii. Engaged in conduct in another jurisdiction which, if it had occurred within the city, would constitute grounds for denial or revocation under this chapter; 15 iii. Been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Penal Code Sections 11225 through 11235 or any similar provisions of law in a jurisdiction outside the state of California; iv. Engaged in conduct in any state or country which would constitute an offense as described in subsection (3)(i) or GO of this section; v. The applicant has had a Tobacco Retailers License revoked from any jurisdiction authorized to issue such license(s); vi. The applicant or any of the applicant's proposed employees, after a full hearing by administrative proceeding or state court, has aided and abetted any of the offenses listed in this section; vii. The applicant has made a false, misleading or fraudulent statement or omission of fact to the city in the permit application; viii. The application does not contain all of the information required by this section; ix. The tobacco shop, as proposed by the applicant, does not comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements, regulations and standards; x. The applicant has not satisfied the requirements of this chapter in the time specified; xi. The location of the proposed tobacco shop has within a twelve (12) month period prior to the submittal of the application: (a) Been the site of a violation of this chapter, or any similar criminal or civil ordinance, law, rule, or regulation of the state of California or an.. other agency related to the operation of a tobacco shop, (b) Been the site of a tobacco shop that was closed due to criminal activity. For purposes of this subsection, closure due to criminal activity includes voluntary closure of a tobacco shop after there have been arrests at the location or other notices relating to criminal activity, (c) Been the site of a tobacco shop where violations have not been addressed in the time specified in the notice of violation or administrative citation, (d) Been the site of a tobacco shop that has been revoked pursuant to this chapter, (e) Been the site of a tobacco shop that has received a notice of revocation or fine issued pursuant to the Temecula Municipal Code, while any appeal of the revocation or fine is pending, or (f) Been the site of a tobacco shop that has outstanding fines issued pursuant to the Temecula Municipal Code that have not been paid. b. If the application is denied for failure to comply with this chapter, the applicant, owner and operator of the tobacco shop may not reapply for a period of one year from the date the application was denied. c. An appeal of the denial of a tobacco shop establishment permit shall be governed by procedures set forth in Section 5.24.120(J). E. Tobacco Shop Requirements. 1. Facilities. a. Location. No tobacco shoe shall be located within five hundred (500) feet of a sensitive receptor(s), as defined in Chapter 9.20.020 of this code or from another tobacco sho. 16 This shall be measured in a straight line from any entrance of the tobacco shop to the property line of a sensitive receptor or another tobacco shop. A radius map package shall be required at the time of submittal when there is concern about the proposed tobacco shop location in relation to sensitive receptors, this shall be at the discretion of the chief of police or the director of community development. b. Structure. Tobacco shops shall be located in a zoning district which permits such use. No tobacco shop located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area, shall, during business hours, block visibility into the interior area through the use of curtains, closed blinds, or an., other material that obstructs, blurs or darkens the view into the premises. c. Display of Permits. Tobacco shops shall at all times display in a conspicuous and prominent manner, visible upon entrance to the tobacco shop all permits, licenses, or any other approval required for the operation of a tobacco shop. Expired permits do not satisfy this requirement. d. Signs. All tobacco shop signs shall comply with all provisions of Chapter 17.28 (Sign Standards,) or the appropriate Specific Plan or Planned Development Overlgy PDO). When there is a conflict between standards, the more restrictive standard shall be followed. Tobacco shops shall not have signage on doors, windows or storefronts except as provided for in Chapter 17.28.050(I)&(J). No signs shall be closer than eighteen (18) inches from all exterior doors, windows and storefront. No signs depicting tobacco use shall be able to be seen from the public right of way. Each sign violating this section shall be counted as a violation. e. Lighting. Tobacco shops shall be internally illuminated with white or soft white lights only. No lightingfor or any purpose shall be placed around or on windows or doors, to include frames. f. Accessory Uses. Lounge, arcade, and similar accessory activities prohibited. No tobacco shop shall allow or provide an area either indoor or outdoor that is for a customer lounge, arcade, or similar use(s). g. Bathroom Facilities. Customers shall be prohibited from utilizing any bathroom facilities on site. 2. Operations. a. Business License. Each tobacco shop shall hold a valid business license issued b. the City of Temecula. b. State Tobacco Retailers License. Each tobacco shop shall hold a valid California Cigarette and Tobacco Products Retailer's License issued by the State Board of Equalization, in accordance with State law. c. City Tobacco Retailers License. Each tobacco shop shall hold a valid Tobacco Retailers License issued by the City of Temecula. d. Tobacco Shop Permit. Each tobacco shop shall hold a valid Tobacco Shop Permit (TSP) issued by the City of Temecula. e. Hours of Operation. The owner must advise the city, in writing, at the time of gpplication for a permit of the business hours, and any change in hours occurring 17 thereafter. No person shall operate a tobacco shop between the hours of nine p.m. and seven a.m. f. Employee Age. No person under the age of twenty-one (21) years, at the time of application, shall operate or be employed by a tobacco shop. g. Living Prohibited. No person or persons shall be allowed to live inside the tobacco shop at any time. Beds, mattresses, waterbeds, futons, sofa beds, or any type of portable or convertible beds are not permitted on the premises. h. Alcoholic Beverages/Drugs — Prohibited Materials. No person shall enter, be in or remain in any part of a tobacco shop while in possession of, consuming or under the influence of any alcoholic beverage, recreational drugs (including cannabis,) or a controlled substance. The operator and on -duty manager shall be responsible to ensure that no such person shall enter or remain upon the tobacco shop. Service of alcoholic beverages or recreational drugs shall not be allowed to include all substances located in Chapter 8.56 (Psychoactive Bath Salts, Psychoactive Herbal Incense, and other Synthetic Drugs). A tobacco shop is not permitted to sell, store, distribute, trade or _give for no charge alcohol. i. Tobacco Use. There shall be no tobacco use or consumption (including "tasting_s") at any tobacco shop. j. Samples. Tobacco shops are prohibited from providing samples or tastings of any tobacco product or accessory whether free or for charge. k. Entrances. Tobacco shops cater specifically to adult customers over the age of twenty- one (21) to purchase tobacco products, accessories, etc. not the general public. As such, entrances/exits shall remain closed, not locked, during the hours of operation and employees shall not congregate, gather, or loiter in such areas. Tobacco Products, and Paraphernalia. Tobacco Products, and tobacco paraphernalia shall not be kept within ten (10) linear feet from any building entrance or check-out counter. This prohibition shall not apply if the display is not physically accessible to customers. m. Tobacco Flavors. A tobacco shop, or any of the tobacco shop's agents or employ shall not sell, offer for sale, or possess with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer as defined in Health and SafetX Code § 104559.5. This includes the storage of flavored tobacco products. n. Single Cigarettes. No tobacco shop shall sell single or individual cigarettes sometimes referred to as "loosies." o. Self -Service Displays Prohibited. No person shall display tobacco products or tobacco paraphernalia by means of a self-service display or to engage in tobacco retailing by means of a self-service display. A tobacco retailer who chooses to display tobacco products or tobacco paraphernalia in a locked cabinet, case or similar structure must post a clear and conspicuous sign on or within five feet of the display, stating that the case or structure is locked at all times. p. Compliance With All Laws. Each operator or manager shall at all times comply with all provisions of this chapter and all other applicable provisions of the Temecula Municipal Code, all conditions of any required zoning approvals, conditions imposed 18 by the chief of police, and all state and federal laws, statutes and regulations, and shall provide proof of compliance upon request by the police department. 3. Inspections. a. A tobacco shop may b�pected twice a year for the purpose of determining that the provisions of this chapter are met. Such inspections may be made by the police department, persons employed by the city whose job descriptions require the person to enforce the provisions of this code, including, but not limited to, code enforcement officers, and such other enforcement officials as described in Sections 1.16.020 and 1.21.020 of the Temecula Municipal Code or its successor sections. b. Complaints or violations related to this chapter reported to the City may result in additional inspections at the discretion of the chief of police. F. Transfer and Changes of Business. 1. No tobacco shop permit may be sold, transferred or assigned by a permit holder, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void; provided and exceptin& however, that if the permit holder is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit, and in such case, the permit, upon notification to the chief of police, shall be placed in the name of the surviving partners. G. Fees. 1. The city council shall establish by resolution, and from time to time may amend, the fees for the administration of this chapter. Fees required by this chapter shall be in addition to any required under any other chapter of this code. H. Duration and Renewal of Permits. 1. Tobacco shop permits may be renewed on the first business day in February 2024, and on a year-to-year basis thereafter on the first business day in February, provided the permit holder continues to meet the requirements of this chapter. "Business day" as used in this subsection shall mean the days that Temecula City Hall is open for business. 2. No permit granted herein shall confer any vested right to anyPersonfor more than the permit period. 3. Applications for a permit renewal shall be filed with the chief of police at least sixty (601 days prior to expiration of the existing �permit, otherwise the permit will lapse. At the discretion of the chief of police, a conditional permit pending satisfactory pletion of the renewal application process may be issued to renewal applicants who have no permit revocation proceedings pending at the time of filing of the renewal application. 4. Renewal applications shall set forth such information as ma,, b�quired by the chief of police to update and verify the information contained in the original permit application. The applicant shall pay an application fee when applying for renewal. 5. If an application for renewal of permit and all required information is not timely received and the permit expires, no right or privilege to operate a tobacco shop shall exist. I. Violation and Penalty. 19 1. Violations of this Section are broken down into two levels of severity as they relate to the Tobacco Shop Permit (TSP): a. Level 1 Violations are violations of such significance that a single violation of such provisions would cause the immediate revocation of the tobacco shop permit (TSP). b. Level 2 Violations are violations of this chapter that do not rise to the severity of Level 1 Violations. Any three (3) Level 2 violations in a twelve (12) month period is grounds for revocation of the TSP by the chief of police. 2. Table 5.24.120 — Violation Summary Table Table 5.24.120 - Violation Summary' Level 1 VIOLATIONS Code Section Per TMC 5.24.120.H(I)(1)(a) - Any violation of the provisions below are zrounds to revoke a Tobacco Shop Permit 5.24.120.E(1)(a) No tobacco shop shall be located within one -thousand (1,000)feet of a sensitive receptor(s), as defined in Chapter 9.20.020 of this code or from another tobacco shop. This shall be measured in a straight line from any entrance of the facility to the property line of a sensitive receptor or another tobacco shop. 5.24.120.E(1)(b) Tobacco shops shall be located in a zoning district which permits such use. No tobacco shop located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area, shall, during business hours, block visibility into the interior area through the use of curtains, closed blinds, or any other material that obstructs, blurs or darkens the view into the premises. 5.24.120.E(1)(f) Lounge, arcade and similar accessory activities prohibited. No tobacco shop shall allow or provide an area either indoor or outdoor that is for customer lounge, arcade or similar use(s). 5.24.120.E(2)(a) Each tobacco shop shall hold a valid business license issued by the City of Temecula. 5.24.120.E(2)(b) Each tobacco shop shall hold a valid California Cigarette and Tobacco Products Retailer's License issued by the State Board of Equalization, in accordance with State law. 5.24.120.E(2)(c) Each tobacco shop shall hold a valid Tobacco Retailers License issued by the City of Temecula. 5.24.120.E(2)(d) Each tobacco shop shall hold a valid Tobacco Shop Permit issued b, the City of Temecula. 5.24.120.E(2)(g) No person or persons shall be allowed to live inside the tobacco shop at any time. Beds, mattresses, waterbeds, futons, sofa beds, or any type of portable or convertible beds are not permitted on the premises. 5.24.120.E(2)(h) No person shall enter, be in or remain in any part of a tobacco shop while in possession of, consuming using or under the influence of any alcoholic beverage, recreational drugs or controlled substance. The operator and on- duty manager shall be responsible to ensure that no such person shall enter or remain upon the tobacco shop. Service of alcoholic beverages or recreational drugs shall not be allowed to include all substances located in Chapter 8.56 (Psychoactive Bath Salts, Psychoactive Herbal Incense, and 20 other Synthetic Drugs). A tobacco shop is not permitted to sell, store, distribute, trade or give for no charge alcohol. Level 2 VIOLATIONS Code Section Per TMC 5.24.120.H(I)(1)(b) - Any three violations in a 12 month period of the provisions below are grounds to revoke a Tobacco Shop Permit 5.24.120.E(1)(c) Tobacco shops shall at all times display in a conspicuous and prominent manner, visible upon entrance to the tobacco shop all permits, licenses, or any other approval required for the operation of a tobacco shop. Expired permits do not satisfy this requirement. 5.24.120.E(1)(d) All tobacco shop signs shall comply with all provisions of Chapter 17.28 (Sign Standards) or the appropriate Specific Plan or Planned Development Overlay (y (PDO). When there is a conflict between standards, the more restrictive standard shall be followed. Tobacco shops shall not have signage on doors, windows or storefronts except as provided for in Chapter 17.28.050(I&(J). No sigmas shall be closer than eighteen(18) inches from all exterior doors, windows and storefront. No signs depicting tobacco use shall be able to be seen from the public right of wu. Each sign violating this section shall be counted as a violation. 5.24.120.E(1)(e) Tobacco shops shall be internally illuminated with white or soft white lights only. No lightingfor any purpose shall be placed around or on windows or doors, to include frames. 5.24.120.E(1)(g) Customers shall be prohibited from utilizing any bathroom facilities on site. 5.24.120.E(2)(e) The owner must advise the city, in writing, at the time of application for a permit of the business hours, and any change in hours occurring thereafter. No person shall operate a tobacco shop between the hours of nine p.m. and seven a.m. 5.24.120.E(2)(f) No person under the age of twenty-one (21) years, at the time of gpplication, shall operate or be employ a tobacco shop_ 5.24.120.E(2)(i) There shall be no tobacco use or consumption at any tobacco shop_ 5.24.120.E(2)(i) Tobacco shops are prohibited from providing samples of any tobacco product or accessory whether free or for charge. 5.24.120.E(2)(k) Tobacco shops cater specifically to adult customers over the age of twen -one (21) to purchase tobacco products, accessories, etc. not the , general public. As such, entrances/exits shall remain closed, not locked, during the hours of operation and employees shall not congregate,ag ther or loiter in such areas. 5.24.120.E(2)(1) Tobacco Products, and Paraphernalia shall not be kept within ten Ll0) linear feet from any building entrance or check-out counter. This prohibition shall not apply if the display is not physically accessible to customers. 5.24.120.E(2)(m) A tobacco shop, or any of the tobacco shops agents or employees, shall not sell, offer for sale, or possess with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer as defined 21 in Health and Safety Code § 104559.5. This includes the storage of 5.24.120.E(2)(n) No tobacco shop shall sell single or individual cigarettes sometimes referred to as "loosies." No person shall display tobacco products or tobacco paraphernalia by means of a self-service display or to engage in tobacco retailing by means of a self-service display. A tobacco retailer who chooses to display 5.24.120.E(2)(o) tobacco products or tobacco paraphernalia in a locked cabinet, case or similar structure must post a clear and conspicuous sign on or within five feet of the display stating that the cabinet, case or structure is locked at all times. i This is a summary of violations only. Please see the referenced code sections for 3. Violations that are not specifically identified in this section such as 5.24.120(E)(2)(a) shall be classified at the sole discretion of the chief of police on a case-bv-case basis. J. Revocation, Permit Denial and Appeal. 1. Violation and Noncompliance. The chief of bolice may refuse to issue a hermit. renew a permit, or may revoke an existing permit, on the grounds that the applicant or permit holder has failed to comply with the permit conditions or other requirements of this chapter, or any requirement of state law. In any such case, the applicant or permit holder shall have the right to appeal in the time and manner set forth in this section. For purposes of this section. if an administrative citation is contested. and is held to be invalid or rescinded by an independent hearing officer appointed pursuant to this chapter, or by any court of law, the violations identified in the administrative citation shall not form the basis for revoking or refusing to renew a tobacco shop permit. If any administrative citation is contested, and is upheld by an independent hearing officer appointed pursuant to this chanter, or by anv court of law, that administrative citation can form the basis for the revocation or refusal to renew a tobacco shop permit. 2. Notice. When the chief of police concludes that grounds for denial of a new permit or permit renewal, or permit revocation exist, the chief of police shall serve the applicant or permit holder, either personally or by certified mail, addressed to the business or residence address of applicant or permit holder, with a notice of denial of permit, or notice of intent to revoke or deny renewal. This notice shall state the reasons for the decision, the effective date of the decision, the right of the applicant or permit holder to appeal the decision to a hearing officer, and that the decision will be final if no written anneal is filed within the time permitted. 3. Appeal. a. The right to file a written appeal of a revocation or denial of new permit or renewal of aapermit shall terminate upon the expiration of fifteen (15) dgys of the date of mailing by the chief of police of the notice specified in subsection J(2) of this section. The written anneal shall be filed with the citv clerk of the citv of Temecula and shall be 22 accompanied by an appeal fee in an amount as set by city council resolution, and the city clerk shall promptly forward a copy of the appeal to the chief of police. b. In the event an appeal is timely filed, the denial of the permit, or renewal or revocation of the permit, shall not be effective until a final decision has been made on the appeal. Notwithstanding the foregoing, if the chief of police finds and determines that permitting a tobacco shop to continue to operate, pending the appeal hearing, would present an unreasonable and immediate risk to the public health and safety, the denial of renewal or revocation may take effect immediately. If no timely appeal is filed, the denial of renewal or revocation shall become effective upon expiration of the period for filing appeals. c. Upon receipt of a timely appeal, the city clerk shall refer the Upeal to the California Office of Administrative Hearings ("OAH") for the assignment of an administrative law judge to serve as the hearing officer. i. Not less than fifteen (15) dilys prior to the meal hearing, the city clerk shall notify the chief of police and the appellant of the names of three qualified attorneys or retired Superior Court or Appellate Court judges submitted to the city clerk by a reputable firm providing mediators and arbitrators to serve as a panel from which the hearing officer will be selected. ii. Within five days of the date of mailing the notice of the available panel, the chief of police and the appellant matey the city clerk in writing that he or she elects to remove one of the three potential hearing officers. iii. The city clerk shall then request the mediation and arbitration firm to select one of the remaining names on the list as the designated hearing officer for the appeal hearing. iv. The hearing officer shall be fair and impartial and shall have no bias for or against the chief of police or the appellant. d. At the appeal hearing, the hearing officer shall receive oral and written evidence from the chief of police and the appellant. The hearing officer shall have authority to administer oaths to those persons who will provide oral testimony. The evidence presented need not comply with the strict rules of evidence set forth in the California Evidence Code, but shall be the type of evidence upon which reasonable and prudent people rely upon in the conduct of serious affairs. The hearing officer shall have broad authority to control the proceedings and to provide for cross examination of witness in a fair and impartial manner. The chief of police shall have the burden of proof to establish by clear and convincing evidence the facts upon which his or her decision is based. The appeal hearing shall be recorded by audio recording. Anyparty ma. sole cost and expense, utilize the services of a certified court reporter to prepare the verbatim record of the hearing. If a court reporter is used, the transcript prepared shall be made available for purchase to both parties. The hearing officer may continue the aqppeal hearing from time to time, but only upon written motion of a party showing good cause for the continuance. e. The hearing officer may uphold, modify or reverse the decision of the chief of police. Within thirty (30) days or as otherwise determined by OAH, of the conclusion of the 23 appeal hearing, the hearing officer shall render his or her decision and make written findings supporting the decision. He or she shall send the decision to the city clerk. Upon receipt of the hearing officer's decision, the city clerk shall send a copy of it to the chief of police and the appellant, alongwith ith a proof of mailing. f. Within ten (10) days from date of the city clerk's mailing of the decision, either party may appeal the decision to the city manager. The appeal shall be in writing and filed with the city clerk, and shall state the grounds of the appeal and specify the errors in the hearing officer's decision. Upon receipt of the appeal, the city clerk shall schedule the appeal for review by the city manager to occur within thirty days. g. The city manager's review of the appeal shall be limited to determining whether the evidence received at the appeal hearing supports the findings and decision of the hearing officer. The city manager shall be limited to considering the evidence presented at the appeal hearing. No public hearing shall be required and no new evidence shall be taken by the city manager. The city manager's decision on the appeal shall be set forth in a written opinion. The city clerk shall mail a copy of the city manager's_opinion to the chief of police and the appellant along with a proof of service. Any legal action challenging the city manager's decision shall be filed within ninety (90) days of the date of the proof of service of mailing of the citmanager's opinion, pursuant to Section 1094.5. et sea.. of the California Code of Civil Procedure. The citv manager's decision shall be final and effective upon mailing of the opinion. If the appellant prevails following a final decision, the appeal fee shall be returned. K. Application to Existing Businesses. 1. All requirements set forth in this chapter are deemed to be necessary for the protection of the public health, safety, and welfare and shall be applicable to and govern all existing and proposed tobacco shops immediately upon the date the ordinance is codified in this chapter, and shall become effective. Section 13. Section 5.24.030 (Definitions) of Chapter 5.24 (Licensure of Tobacco Retailers) of Title 5 (Business Licenses and Regulations) of the Temecula Municipal Code is hereby amended to add a definition for "chief of police" to read as follows with all other provisions of Section 5.24.030 remaining unchanged: "Chief of police" means the head of the agency or division which at the time involved has responsibility for performing the police function for, or within, the city, or his or her designee. Section 14. Subsection E of Section 5.24.040 (Tobacco license prerequisite — Application process) of Chapter 5.24 (Licensure of Tobacco Retailers) of Title 5 (Business Licenses and Regulations) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 5.24.040 remaining unchanged: E. All applications shall be submitted on a form supplied by the eity managef chief of op lice and shall contain the following information: 1. The name, address, email, website, and telephone number of each proprietor; 24 2. The business name, address, email, website, and telephone number of the single fixed location for which tobacco retailer's license is sought; 3. The name and mailing address authorized by each proprietor to receive all license - related communications and notices (the "authorized address"). If an authorized address is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in subsection (E)(2) of this section; 4. Proof that the location for which a tobacco retailer's license is sought has been issued a valid state tobacco retailer's license by the California Board of Equalization; 5. Whether or not any proprietor is a person who has been determined to have violated this chapter or has been a proprietor at a location that has been determined to have violated this chapter and, if so, the dates and locations of all such violations; 6. Such other information as the chief of police deems necessary for the administration or enforcement of this chapter; Section 15. Subsection B of Section 5.24.050 (License Issuance — Standards) of Chapter 5.24 (Licensure of Tobacco Retailers) of Title 5 (Business Licenses and Regulations) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 5.24.050 remaining unchanged: B. Upon the receipt of an application for a tobacco retailer's license and the license fee, the chief of police shall issue a license unless substantial record evidence demonstrates that one of the following bases for denial exists: 1. The application is incomplete or inaccurate. 2. The application seeks authorization for tobacco retailing at a location for which a prohibition on issuing licenses is in effect pursuant to Section 5.24.100(B) of this chapter. However, this subsection shall not constitute a basis for denial of a license if the applicant provides the city with documentation demonstrating by clear and convincing evidence that the applicant has acquired or is acquiring the location or business in an arm's length transaction. 3. The application seeks authorization for tobacco retailing for a proprietor for which a prohibition on issuing licenses is in effect pursuant to Section 5.24.100(B) of this chapter. 4. The application seeks authorization for tobacco retailing that is prohibited pursuant to subsection A of this section, that is unlawful pursuant to any other city chapter, or that is unlawful pursuant to any other local, state, or federal law. Section 16. Item 1 of Subsection B of Section 5.24.090 (License Violation) of Chapter 5.24 (Licensure of Tobacco Retailers) of Title 5 (Business License and Regulations) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 5.24.090 remaining unchanged: 25 B. License Compliance Monitoring. 1. Compliance with this chapter shall be monitored by the chief of police. Any peace officer may enforce the provisions of this chapter. Section 17. Subsection C of Section 8.36.030 (Prohibition of smoking in public places, places of employment and other areas.) of Chapter 8.36 (Smoking in Public Places of Title 8 (Health and Safety) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text): C. Unless otherwise prohibited by law, smoking is permitted in the following locations: stare; 12. By performers during theatrical productions, if smoking is a part of the theatrical production; 2-3. Private residential property, except when designated as nonsmoking under Chapter 17.30 of this code or used as a childcare or health care facility subject to licensing requirements and children, patients, or employees are present; 34. Up to twenty -€rye 20 percent of hotel and motel guest rooms, if the hotel or motel permanently designates particular guest rooms as nonsmoking rooms such that eightX seventy five 80 or more of its guest rooms are nonsmoking and ashtrays and matches are permanently removed from such nonsmoking rooms. Permanent "no smoking" signage shall be posted in nonsmoking rooms; 45. Outdoor dining areas of businesses operating under an on -sale license for public premises issued by the California Department of Alcoholic Beverage Control. Section 18. Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) of Section 17.08.030 (Use Regulations) of Chapter 17.08 (Use Regulations) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text): Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC I CC I HT I SCIPOIBPI LI T Tailor shop P P - - P - - Taxi or limousine service - P P P Tile sales - P - P - - - Tobacco shop C- _ P13 P 13 P 13 Notes: 13. Subject to the requirements contained in Section 5.24.120 of this code. Section 19. Table 17.22.106 (Schedule of Permitted Uses Pala Road Planned Development Overlay District -1) of Section 17.22.106 (Use Regulations) of Article 2. (Pala Road Planned Development Overlay District-1) of Chapter 17.22 (Planned Development Overlay 26 Zoning District (PDO-)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text): Table 17.22.106 Schedule of Permitted Uses Pala Road Planned Development Overlay District-1 Description of Use PDO-1 T Tailor shop P Taxi or limousine service P Tile sales P Tobacco sho 6 P Tool and die casting - Transfer, moving and storage Transportation terminals and stations - Truck rentals (no sales or/service) C TVNCR repair P Notes: 1. The CUP will be subject to Section 17.10.020(B), special standards for the sale of alcoholic beverages. 2. Subject to citywide antenna standards. 3. See Section 17.10.020(L), special standards for indoor swap meets. 4. See Section 17.10.020(N), special standards for self -storage or mini -warehouse facilities. 5. Subject to the special setback provisions contained in Section 17.22.108. 6. Subject to the requirements of Section 5.24.120 Section 20. Table 17.22.136B (Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District -4) of Section 17.22.136 (Use Regulations) of Article V. (Temecula Creek Village Planned Development Overlay District-4) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO-)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text): Table 17.22.136B Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District-4 Description of Use PD04R PDO-4V6 T Tailor shop P P Taxi or limousine service P - Tile sales P - Tobacco shopi P7 - Tool and die casting- - Transfer, moving and storage - Transportation terminals and stations - - 27 Table 17.22.136B Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District-4 Description of Use PDO-41Z PDO-4V6 Truck rentals no sales or service - - TV/VCR repair P P4 Notes: 1. The CUP will be subject to Section 17.10.020(B) special standards for the sale of alcoholic beverages. 2. Subject to the requirements of Chapter 17.40 of the Temecula Municipal Code. 3. In PDO-4, all senior housing residential projects shall use the development and performance standards for the high density residential zone and the provisions contained in Section 17.06.050(H). 4. The size of the use or activity is limited to 5,000 square feet. 5. Outdoor entertainment in conjunction with an eating establishment is permitted provided that the outside noise levels do not interfere with off -site conversation. 6. Drive through facilities are not allowed in the village planning area. Retail/support commercial planning area is identified as PDO-4R. Village commercial planning area is identified as PDO-4V. Multifamily planning areas A and B use the high density column in Table 17.06.030. 7. Subject to the requirements of Section 5.24.120 Section 21. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 22. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 23. Effective Date. This Ordinance shall take effect thirty (30) days after passage. 28 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of September, 2023. ATTEST: Randi Johl, City Clerk [SEAL] 29 Zak Schwank, Mayor 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. 2023-07 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 22nd day of August, 2023, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of September, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 30 Randi Johl, City Clerk Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Michael Heslin, Director of Information Technology and Support Services DATE: September 12, 2023 SUBJECT: Approve Purchase of Software Support and Maintenance for the Tyler Technologies Suite of Products for Fiscal Year 2023-24 PREPARED BY: Damion Patrick, Assistant Director of Information Technology and Support Services RECOMMENDATION: That the City Council: 1. Approve the purchase of software support and maintenance for the Tyler Technologies Suite of products including EnerGov Permitting System, Tyler Cashiering, Decision Engine and EnerGov Insights, in an amount not to exceed $126,184.81; and 2. Authorize the City Manager to approve contract change orders of up to 10% of the total cost, or $12,618.48. BACKGROUND: The City utilizes Enterprise Software from Tyler Technologies to support operations throughout the City. The Tyler Technologies suite of products is used for managing permits, inspections, business licenses, code enforcement cases, cashiering, reporting, and the online citizen access portal. Due to the critical nature of the permitting system, the City's requirement is to purchase annual software support and maintenance. This guarantees that the City receives technical support and all mandated software and security updates. In addition, this purchase ensures the software's conformance with all state and federal regulations. FISCAL IMPACT: Adequate funds have been budgeted in the Fiscal Year 2023-2024 Information Technology Annual Operating Budget. ATTACHMENTS: 1. Socrata-EnerGov Insights Bundle Invoice 2. EnerGov Permitting Suite Invoice •a Remittance: + t ler Tyler Technologies, Inc. 9.0 0 0 e (FEIN 75-2303920) y technologies P.O. Box 203556 Dallas, TX 75320-3556 Questions: Tyler Technologies - Local Government Phone: 1-800-772-2260 Press 2, then 2 Email: ar@tylertech.com Bill To: CITY OF TEMECULA ATTN: ACCOUNTS PAYABLE 41000 MAIN STREET TEMECULA, CA 92590-2764 Invoice Invoice No Date Page 025-434840 09/01 /2023 1 of 1 Ship To: CITY OF TEMECULA ATTN: ACCOUNTS PAYABLE 41000 MAIN STREET TEMECULA, CA 92590-2764 Cust No.-BilITo-ShipTo Ord No PO Number Currency Terms Due Date 5314 - MAIN - MAIN 182281 USD NET30 10/01/2023 Date Description Units Rate Extended Price Contract No.: TEMECULA, CITY OF Socrata-EnerGov Insights Bundle Maintenance: Start: 01/Oct/2023, End: 30/Sep/2024 "ATTENTION' Order your checks and forms from Tyler Business Forms at 877-749-2090 or tylerbusinessforms.com to guarantee 100% compliance with your software. 1 17,088.75 17, 088.75 Subtotal 17,088.75 Sales Tax $0.00 •a Remittance: + t ler Tyler Technologies, Inc. 9.0 0 0 e (FEIN 75-2303920) y technologies P.O. Box 203556 Dallas, TX 75320-3556 Questions: Tyler Technologies - Local Government Phone: 1-800-772-2260 Press 2, then 2 Email: ar@tylertech.com Bill To: CITY OF TEMECULA ATTN: ACCOUNTS PAYABLE 41000 MAIN STREET TEMECULA, CA 92590-2764 Invoice Invoice No Date Page 025-434841 09/01 /2023 1 of 1 Ship To: CITY OF TEMECULA ATTN: ACCOUNTS PAYABLE 41000 MAIN STREET TEMECULA, CA 92590-2764 Cust No.-BilITo-ShipTo Ord No PO Number Currency Terms Due Date 5314 - MAIN - MAIN 185160 USD NET30 10/01/2023 Date Description Units Rate Extended Price ERP Pro Utilities Annual Fees Tyler Cashiering - Maintenance Contract No.: TEMECULA, CITY OF Software Support & Maintenance: EnerGov Other Maintenance: Start: 01/Oct/2023, End: 30/Sep/2024 Software Support & Maintenance: EnerGov IG Inspect/Enfoce Maintenance: Start: 01/Oct/2023, End: 30/Sep/2024 Decision Engine Maintenance: Start: 01/Oct/2023, End: 30/Sep/2024 "ATTENTION' Order your checks and forms from Tyler Business Forms at 877-749-2090 or tylerbusinessforms.com to guarantee 100% compliance with your software. 0 $4,167.45 1 79,045.06 79,045.06 1 11, 708.55 11, 708.55 1 14,175.00 14,175.00 Subtotal 109,096.06 Sales Tax $0.00 Item No. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Michael Heslin, Director of Information Technology & Support Services DATE: September 12, 2023 SUBJECT: Approve Purchase and Installation Agreement with CDW Government, LLC for Uninterruptible Power Supplies at City Hall PREPARED BY: Damion Patrick, Assistant Director of Information Technology and Support Services RECOMMENDATION: That the City Council: 1. Approve a purchase and installation agreement with CDW Government, LLC, for uninterruptible power supplies in the City Hall data center, in the amount of $294,716.56; and 2. Authorize the City Manager to approve contract change orders up to 10% of the total contract, in an amount not to exceed $29,471. BACKGROUND: The City Hall Data Center houses two uninterruptable power supply (UPS) units that work in tandem to provide redundant battery backup for all the equipment within the data center and data closets throughout the Civic Center. These UPS units protect the City's server and networking equipment from damage during power outages and provide power to keep the equipment running until the generator turns on, or until the equipment can be safely shut down. The existing UPSs were installed in 2010 when the building was constructed. At this point, the units have aged beyond their useful life and need replacement. During a recent power outage, one of the units was damaged and no longer functions. Replacing both units is recommended because of the age of the units and scarcity of parts. Procurement of this equipment is based on OMNIA Government contract pricing, so no formal bid process was required. CDW Government, LLC (CDW-G) as was selected as the preferred vendor due to their status as a preferred partner with the manufacturer of the equipment, Schneider Electric, and their participation in the OMNIA government contract pricing program. No local vendors participate in this program. Approval of this agreement will allow for the replacement of both Data Center UPS units and return the City to redundant battery backups within the Data Center. Staff recommends that the Council approve the Purchase and Installation agreement with CDW- G to replace the uninterruptable power supplies within the City Hall Data Center. FISCAL IMPACT: Adequate funds have been budgeted in the Fiscal Year 2023-24 Capital Outlay Budget. ATTACHMENTS: 1. Agreement 2. Payment Bond (Labor and Materials) and Performance Bond PURCHASE AND INSTALLATION AGREEMENT FOR UNINTERRUPTIBLE POWER SUPPLY EQUIPMENT AND INSTALLATION THIS PURCHASE AND INSTALLATION AGREEMENT ("Agreement") is made and entered into as of May 9, 2023 ("Effective Date") by and between the City of Temecula, a California municipal corporation ("City"), and CDW GOVERNMENT LLC, a LIMITED LIABILITY COMPANY ("Contractor"). RECITALS A. City desires to engage Contractor to provide and install the following UNINTERRUPTIBLE POWER SUPPLY (UPS) EQUIPMENT AND INSTALLATION SERVICES, as more fully described herein ("Project"). B. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, is familiar with all conditions relevant to the performance of services and is committed to perform all work as required by this Agreement. C. Contractor represents that Contractor is fully qualified, possesses all required licenses and certifications, and has the experience necessary, to perform the work necessary to complete the Project. City selected Contractor for this Project in substantial reliance on such representations by the Contractor. D. Contractor is a registered dealer of UPS EQUIPMENT and has full access to the equipment and special pricing under the OMNIA Partners Agreement 2018011-01 ("Cooperative Contract") and all applicable provisions are incorporated herein. E. The City is a member of OMNIA Partners (Member no. 1148668) and is authorized to use the Cooperative Contract. To the extent the terms of this Agreement conflict with the Cooperative Contract, the terms of the Cooperative Contract shall control. F. City and Contractor enter this Agreement in order to set forth terms and conditions governing each party's performance of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants herein contained, the Parties agree as follows: Scope of Work. 1.1 In consideration of the payment of the purchase price and subject to all the terms and conditions hereof, including applicable provisions of the Cooperative Agreement, Contractor shall provide all tangible items and products, and perform all services, described in the Scope of Services and Fee Schedule attached hereto as Exhibit 2710330 "A" and incorporated herein by reference ("Products" and "Services", respectively). Contractor covenants that: (i) it will perform all Services in a manner commensurate with all applicable, professional standards and degree of skill and care; and (ii) all Products will be new and of the highest quality available. 1.2 Contractor shall perform all work set forth in Exhibit A, and shall provide and furnish all the labor, materials, necessary tools, equipment and all utility and transportation services necessary to complete the Project as required herein. 1.3 If the total Contract amount exceeds $25,000, then Contractor shall provide a payment bond in an amount equal to 100% of the Contract price. If required by the City prior to commencing work, Contractor shall provide a performance bond in an amount equal to 100% of the Contract price. The bond forms required to be executed are attached hereto and incorporated by reference herein. The performance bond, if required, shall remain in force until written acceptance of the Work and the end of the one (1) year warranty period. 2. Time of Performance. Time is of the essence in the performance of the Services and Contractor shall complete the Project installation, implementation and acceptance testing within the times set forth in Exhibit A. The failure by Contractor to meet this schedule may result in termination of this Agreement by City. 3. Term. Unless earlier terminated in accordance with Section 18 of this Agreement, this Agreement shall continue in full force and effect until satisfactory completion of the Services. 4. Compensation 4.1 City shall pay Contractor for the Services on a fixed fee, not -to -exceed basis, in accordance with the provisions of this Section and Exhibit A. Contractor's total and complete compensation for all Services satisfactorily performed and Products properly provided, shall not exceed Two Hundred Ninety -Four Thousand, Seven Hundred Sixteen Dollars and Fifty -Six Cents ($294,716.56), unless otherwise agreed upon in writing. 4.2 Contractor shall submit invoices to City describing the Services performed and/or the specific task in the Scope of Services to which it relates, and the date the Services were performed. City shall pay Contractor no later than thirty (30) calendar days after City approval of the invoice. 4.3 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit A to this Agreement or specifically approved in writing in advance by City. 4.4 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary when this Agreement was executed. Compensation for any authorized Extra Work shall be paid in accordance with Exhibit A, or otherwise as agreed upon in writing. 4.5 Unless otherwise agreed upon in writing, Contractor shall provide City with a minimum fourteen (14) days' notice of its date(s) of installation to enable the City to ready the installation site(s) for installation the Products in accordance with the instructions of Contractor, if any. The City shall complete any required site preparation prior to the date installation of the Products begins. 5. Project Manager. Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Agreement. Contractor has designated Elaine Harkess to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 6. Administration. This Agreement will be administered by the City Manager or designee, who shall be the Project Administrator and shall have the authority to act for City under this Agreement. 7. Type and Installation of Materials/Standard of Care. 7.1 Contractor shall use only the only materials and Products described in Exhibit A in performing the Services. Any deviation from the materials or Products described in Exhibit A shall not be permitted unless approved in advance in writing by the Project Administrator. 7.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with industry -wide professional standards. All Services shall be performed by qualified and experienced personnel. 7.3 At all times during the term of this Agreement, Contractor shall possess a valid and current Class A, B, C-61012, C-61/D34 California Contractor's License to perform the work. Contractor hereby certifies that it holds the required license(s), License No. 840892. 8. Indemnification. 8.1 If services herein are deemed "design professional services," under California Civil Code § 2782.8(a), Contractor shall be liable for liabilities arising out of "design professional services", in accordance with § 2782.8(a). In no event shall the cost to defend the Indemnitees that is charged to Contractor, exceed Contractor's proportionate percentage of fault. 8.2 Contractor shall perform all Project work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall perform work as specified in Exhibit A to limit impacts to traffic during the installation period. Contractor shall be liable for any private or public property damaged during the performance of the Project work. 8.3 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 9. Independent Contractor. City has retained Contractor as an independent contractor and neither Contractor nor its employees, nor any of its subcontractors, are to be considered employees of the City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service statutes or other right of employment shall accrue to Contractor or its employees. 10. Cooperation. Contractor agrees to work closely and cooperate fully with City's Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Contractor on the Project. 11. Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit B, and incorporated herein by reference. 12. Prevailing_ Wages. 12.1 This Agreement calls for work to be performed constituting public works. Contractor and all subcontractors shall pay the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Article 2 of Chapter 1 of Part 7, of Division 2 of the California Labor Code, including, but not limited to, Sections 1770, 1771, 1773, 1773.2 and 1774. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)] If the Agreement price exceeds $25,000, Contractor shall be registered with DIR. Unless exempt, Contractor's DIR Registration number is 1000007542. 12.2 Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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, not more than $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 this Agreement. Pursuant to Labor Code Section 1771.4, the Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. 12.3 Contractor's attention is directed to the provisions in Sections 1774, 1775, 1776, 1777.5 and 1777.6 of the Labor Code. Contractor shall comply with the requirements of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and hours laws will be enforced. Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. Eight hours' labor constitutes a legal day's work, as set forth in Labor Code Section 1810. The statutory provisions for penalties for failure to comply with the State's wage and hour laws will be enforced as set forth in Labor Code Section 1813. 13. Subcontracting. The subcontractors authorized by City, if any, to perform work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 14. Conflicts of Interest. Contractor agrees not to accept any employment or representation during the term of this Contract or within twelve (12) months after completion of the work under this Contract wherein Contractor is or may likely become "financially interested," as provided in Government Code Section 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Contract. 15. Notices. All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed as follows: To the City: City of Temecula 41000 Main St. Temecula, CA 92590 Attention: Jayme Fox To the Contractor: CDW GOVERNMENT LLC 230 N. Milwaukee Ave Vernon Hills, IL 60061-9740 Attn: Jumana Dihu, Program Manager 16. Termination 16.1 Termination with Cause. In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of five (5) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. In the event that the default cannot be cured within five (5) days, no such failure will be deemed to exist if the defaulting party has given the non -defaulting party adequate assurance of due performance and commenced to cure such default within such period, such cure efforts are prosecuted to completion with reasonable diligence, and in any event are completed with thirty (30) days. 16.2 Termination Without Cause. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred in the performance of such Services up to the effective date of termination for which Contractor has not previously been paid. In the event of termination under this Section, City shall also pay Contractor for all Products, associated materials, and hardware delivered to City site under this Agreement that City deems usable. 17. Contractor's Knowledge of Conditions. By executing this Agreement, Contractor warrants that Contractor has visited or has been provided the opportunity to visit the Project site(s), has become familiar with the local conditions under which the work is to be performed, and has taken into consideration these factors in submitting its Project proposal and Scope of Services. 18. Warranty. For all Products provided to the City as part of this Agreement, Contractor warrants as follows: Contractor possesses good title to the Products and the right to transfer ownership of the Products to the City; the product shall be delivered to the City free from any security interest or other lien; the Products meet all specifications contained herein and are fit for their intended purpose(s); and, the Products and the Services shall be free from material defects in materials and workmanship under normal use for a period of not less than one (1) year from the date of delivery and completion of the work. The foregoing warranty is in addition to any and all manufacturers' warranties. All other warranties applicable to the equipment and materials purchased by City pursuant to this Agreement shall be as specified in Exhibit A. 19. Representations. Each party represents as follows: (a) that it has full power and authority to execute, deliver and perform its obligations under this Agreement; (b) that there are no actions, proceedings or investigations, pending or, to the best of each party's knowledge, threatened against such party which may in any manner whatsoever materially affect the enforceability of this Agreement or the rights, duties and obligations of the parties hereunder; and (c) that the execution, delivery and performance of this Agreement will not constitute a breach or default under any agreement, law or court order under which such party is a party or may be bound or affected by or which may affect the rights, duties and obligations hereunder. 20. Assignment. Contractor may not assign or transfer this Agreement without the City's prior, written consent. 21. Force Majeure. Neither party shall be responsible for delays in performance caused by unforeseeable events beyond the control and without the fault or negligence of the parties, including but not limited to acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, and/or freight embargoes. Contractor's lack of funding for any reason shall not be a force majeure. If Contractor claims force majeure, City shall ascertain the facts and extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City such delay is justified. In no event shall Contractor be entitled to recover damages against City for any delay in performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 22. Miscellaneous Provisions. 22.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 22.2 Compliance with all Laws. Contractor shall at its sole cost and expense comply with all applicable statutes, ordinances, codes, and regulations throughout the term of this Agreement. 22.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 22.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 22.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments or exhibits hereto, the terms of this Agreement shall govern. 22.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 22.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 22.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22.9 Controllin Lawand Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Riverside, State of California. 22.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 22.11 Attorneys' Fees. In any litigation or other proceeding by which a party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be entitled to recover all attorneys' fees, experts' fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that party may be entitled. 22.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Name: Peter M. Thorson Title: City Attorney ATTEST: Date: By: Name:Randi Johl Title: City Clerk CITY OF TEMECULA, a municipal corporation Date: By: Name:Zak Schwank Title: Mayor CONTRACTOR: CDW GOVERNME By: UCC Name: ,27-s Title: M I NA OCK i EiZ o-S CC' GAJrZkc-rr- Date: 2 By: Name Title: Date: Attachments: Exhibit A - Scope of Services and Fee Schedule Exhibit B - Insurance Requirements Bond Forms EXHIBIT A SCOPE OF SERVICES AND FEE SCHEDULE STATEMENT OF WORK Project Name: APC Implementation Services Seller Representative: Jordan Hamu +1 (847) 419-7342 jordham@cdwg.com Customer Name: CITY OF TEMECULA CDW Affiliate: CDW Government LLC Subcontractor: Schneider Electric IT Corporation Solution Architect: Date: June 16, 2023 Drafted By Angela Tran This statement of work ("Statement of Work" or "SOW") is made and entered into on the last date that this SOW is fully executed as set forth below ("SOW Effective Date") by and between the undersigned, CDW Government LLC ("Provider," and "Seller,") and CITY OF TEMECULA ("Customer," and "Client,"). This SOW shall be governed by that certain City of Mesa Agreement Number 2018011 Information Technology Solutions & Services between CDW Government LLC and City of Mesa, Arizona, administered by National IPA, effective March 1, 2018 (the "Agreement"). If there is a conflict between this SOW and the Agreement, then the Agreement will control, except as expressly amended in this SOW by specific reference to the Agreement. PROJECT SCOPE Q WINS TALL-QBED44892-00 All materials and equipment to perform Upgrade of UPS Infrastructure: • (lea) 175amp Cutler Hammer Breaker for UPS Input (Refurb) • (lea) 150amp Cutler Hammer Breaker for UPS Bypass Input (Refurb) • (19ea) 1 pole 20amp SQD breakers for load circuits • (38ea) 2 pole 30amp SQD breakers for load circuits • (2ea) 3 pole 40a SQD breakers for load circuits • All wire, conduit, couplings, connectors, junction boxes and all miscellaneous materials needed for above electrical portion of installation Prevailing Wage Labor to install above materials and equipment All travel & labor (Prevailing wage) to remove old MGE & RPP & install new Symmetra PX & RPP to include: STAGE ONE • Power down existing UPS East • Disassemble battery plant and remove batteries • Electrically de -install existing Battery Cabinets from UPS Proprietary and Confidential Page 1 SLED-9730 I CDW Government LLC SOW 96491 • Electrically remove UPS input from existing MSB (200amp Breaker) • Electrically remove UPS Bypass input from existing MSB (200amp Breaker) • Electrically disconnect RPP East from existing UPS • Electrically disconnect under floor load circuits from Existing RPP East • Remove RPP East from end of row A • Remove UPS East and Battery Cabinet from seismic stand • Remove seismic stand • Repair Flooring under existing UPS & brace for new UPS East (Customer to supply tiles) • After inside delivery Place new UPS/MBP • Place new RPP East at the end of Row 1 • Install 175amp breaker in MSB for UPS/MBP Input • Install 150amp breaker in MSB for UPS/MBP Bypass Input • Install 100amp feed from UPS/MBP to new RPP East • Install Load Breakers into new RPP East for under floor circuits • Splice all under floor circuits to new RPP East • Install EPO to new UPS East • Factory to perform startup of UPS and RPP's STAGE TWO • Power down existing UPS West • Disassemble battery plant and remove batteries • Electrically de -install existing Battery Cabinets from UPS West • Electrically remove UPS West input from existing MSB (200amp Breaker) • Electrically remove UPS West Bypass input from existing MSB (200amp Breaker) • Electrically disconnect RPP West from existing UPS West • Electrically disconnect under floor load circuits from Existing RPP West • Remove RPP West from end of row B • Place new RPP West at end of row B • Install Load Breakers into new RPP West for under floor circuits • Splice all under floor circuits to new RPP East • Remove UPS West and Battery Cabinet from seismic stand • Remove seismic stand • Repair Flooring under existing UPS (Customer to supply tiles) • Includes EPA approved disposal of UPS and Batteries • All work to be completed by licensed electricians as per all State, Local and NEC Codes Proprietary and Confidential Page 2 SLED-9730 I CDW Government LLC SOW 96491 INSTALLATION ASSUMPTIONS I. Installation of equipment to occur during normal business hours, Monday - Friday. 2. Installation scheduling may not coincide with the declared Promise Ship Date (PSD) of hardware 3. Equipment installed on ground floor or elevator rated for weight capacity of equipment, and standard dock access. 4. Adequate space is available to complete the work required. 5. All work to be installed as per NEC, State, and local codes and manufacturer's specifications. 6. Adequate ampacity and circuit breaker space available in existing panel to supply input feeder 7. Modifications to correct existing code/building violations or upgrade of electrical, mechanical or fire systems to comply with State or City codes expressly excluded. 8. All work to be performed in a workmanlike manner 9. Labor and materials are included to perform the Scope of Work only as listed above 10. Provider is not responsible for the performance of third -party load bank equipment. In the event of malfunctioning or failure to perform of this equipment, Provider will not be held liable for damages. 11. Provider is not acting as the general contractor or construction management company on any entities' behalf notwithstanding the fact that we may resell the services of one or more contracted installation services. 12. Any and all services performed by Provider will be governed exclusively by Provider standard terms and conditions of service. EXCLUSIONS • Firewall Penetrations • Concrete/asphalt cutting or patching • Architectural or Structural Engineering • Engineered stamped drawings • Cutting, patching, painting • Core Drilling or cutting any structural element • Fire Alarm or Suppression Systems Work • Utility Company Fees • Overtime or holiday labor • Equipment Transportation fees • Server Migration/Cabling • Water Quality Testing • Permit Fees • Requirements due to permitting jurisdiction (i.e. fencing, bollards, landscaping, sound attenuating enclosures, etc.) DELAYS • Underground trenching or boring • Equipment relocation • Load bearing calculations or reinforcement • Bonds ■ Handling or disposal of any hazardous materials • Load Bank or other Testing • Structural X-ray or GPR Testing • Provider Project Management Services • Provider equipment, start-up or assembly • Temporary Power, Cooling or Lighting • Cable Tray • Demolition and/or construction of walls, doors, ceilings, windows, etc. The schedule will be reasonably extended and the charges adjusted, if necessary, if we are delayed in the progress of work by: • Acts of or omissions/neglect by: o Customer or Customer's employees o Other contractors employed by Customer • Additional requirements imposed by Customer or any government agencies • Labor disputes • Fire • Unusual delays in transportation Proprietary and Confidential Page 3 SLED-9730 I CDW Government LLC SOW 96491 • Adverse weather conditions which we cannot reasonably anticipate • Unavoidable casualties • Concealed or unforeseen conditions • Other causes beyond our control • Other causes which we both agree are justifiable QWPRJ-QBED25274-00 SITE VISIT SCOPE: • One (1) to two (2) site visits for construction meetings • Construction coordination and planning • 5X8 call support during implementation phase • Delivery witness, damage check, inventory of BOM ITEM(S) PROVIDED TO CUSTOMER Table 1 — Item(s) Provided to Customer Item Description Format QWPRJ-QBED25274-00 Site Visits — SOW included above QWINSTALL- QBED44892-00 Installation Services — SOW included above GENERAL RESPONSIBILITIES AND ASSUMPTIONS • Customer is responsible for providing all access that is reasonably necessary to assist and accommodate Seller's performance of the Services. • Customer will provide in advance and in writing, and Seller will follow, all applicable Customer's facility's safety and security rules and procedures. • Customer is responsible for security at all Customer -Designated Locations; Seller is not responsible for lost or stolen equipment, other than solely as a result of Seller's gross negligence and willful misconduct. • This SOW can be terminated by either party without cause upon at least fourteen (14) days' advance written notice. CONTACT PERSONS Each Party will appoint a person to act as that Party's point of contact ("Contact Person") as the time for performance nears and will communicate that person's name and information to the other Party's Contact Person. Customer Contact Person is authorized to approve materials and Services provided by Seller, and Seller may rely on the decisions and approvals made by the Customer Contact Person (except that Seller understands that Customer may require a different person to sign any Change Orders amending this SOW). The Customer Contact Person will manage all communications with Seller, and when Services are performed at a Customer -Designated Location, the Customer Contact Person will be present or available. The Parties' Contact Persons shall be authorized to approve changes in personnel and associated rates for Services under this SOW. Proprietary and Confidential Page 4 SLED-9730 I CDW Government LLC SOW 96491 CHANGE MANAGEMENT This SOW may be modified or amended only in a writing signed by both Customer and Seller, generally in the form provided by Seller ("Change Order"). Services not specified in this SOW are considered out of scope and will be addressed with a separate SOW or Change Order. In the event of a conflict between the terms and conditions set forth in a fully executed Change 'Order and those set forth in this SOW or a prior fully executed Change Order, the terms and conditions of the most recent fully executed Change Order shall prevail. PROJECT SCHEDULING Customer and Seller, who will jointly manage this project, will together develop timelines for an anticipated schedule ("Anticipated Schedule") based on Seller's project management methodology. Any dates, deadlines, timelines or schedules contained in the Anticipated Schedule, in this SOW or otherwise, are estimates only, and the Parties will not rely on them for purposes other than initial planning. The following scheduling scenarios that trigger delays and durations to extend beyond what's been planned may require a Change Order: Site preparation, such as power, cabling, physical access, system access, hardware/software issues, etc. must be completed in a timely manner. Project tasks delegated to Customer PMs/Engineers/Techs/Management/Resources must be completed in a timely manner. For example, in the event a project's prioritization is demoted, and Customer resources are reallocated causing the project's schedule to extend on account of experiencing interruptions to its momentum requiring complete stop(s) and start(s). External projects/dependencies that may have significant impact on the timeline, schedule and deliverables. It is Seller's assumption that every reasonable attempt will be made to mitigate such situations. TOTAL FEES The total fees due and payable under this SOW ("Total Fees") include both fees for Seller's performance of work ("Services Fees") and any other related costs and fees specified in the Expenses section ("Expenses"). Seller will invoice for Total Fees. Customer will pay invoices containing amounts authorized by this SOW in accordance with the terms of the Agreement. Unless otherwise specified, taxes will be invoiced but are not included in any numbers or calculations provided herein. The pricing included in this SOW expires and will be of no force or effect unless it is signed by Customer and Seller within thirty (30) days from the Date list on the SOW, except as otherwise agreed by Seller. Any objections to an invoice must be communicated to the Seller Contact Person within fifteen (15) days after receipt of the invoice. SERVICES FEES Services Fees hereunder are FIXED FEES, meaning that the amount invoiced for the Services will be $108,749.64. The invoiced amount of Services Fees will equal the amount of fees applicable to each completed project milestone (see Table below). Proprietary and Confidential Page 5 SLED-9730 I CDW Government LLC SOW 96491 Table — Services Fees Milestone Percentage Fee Completion of Work - QWINSTALL-QBED44892-00 96% $104,297.64 Completion of Work - QWPRJ-QBED25274-00 4% $4,452.00 Totals 100% $108,749.64 EXPENSES Neither travel time nor direct expenses will be billed for this project. TRAVEL NOTICE Two (2) weeks' advance notice from Customer is required for any necessary travel by Seller personnel. CUSTOMER -DESIGNATED LOCATIONS Seller will provide Services benefiting the locations specified on the attached Exhibit ("Customer -Designated Locations"). Proprietary and Confidential Page 6 SLED-9730 I CDW Government LLC SOW 96491 SIGNATURES In acknowledgement that the parties below have read and understood this Statement of Work and agree to be bound by it, each party has caused this Statement of Work to be signed and transferred by its respective authorized representative. This SOW and any Change Order may be signed in separate counterparts, each of which shall be deemed an original and all of which together will be deemed to be one original. Electronic signatures on this SOW or on any Change Order (or copies of signatures sent via electronic means) are the equivalent of handwritten signatures. CDW Government LLC CITY OF TEMECULA By: By: Name: Services Contracts Manager Name: Title: Services Contract Manager Title: Date: 2 Date: Mailing Address: Mailing Address: 200 N. Milwaukee Ave. 41000 MAIN ST, ACCOUNTS PAYABLE Vernon Hills, IL 60061 TEMECULA, CA 92590-2764 Proprietary and Confidential Page 7 SLED-9730 I CDW Government LLC SOW 96491 ExxIBIT A CUSTOMER -DESIGNATED LOCATIONS Seller will provide Services benefiting the following locations ("Customer -Designated Locations"). 1.Qcatian[sy Address City of Temecula - City Hall 41000 Main Street, Temecula, CA 92590 Proprietary and Confidential Page 8 SLED-9730 I CDW Government LLC SOW 96491 EXHIBIT B INSURANCE REQUIREMENTS Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Services, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, certificates of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability for insured contracts. Any endorsement restricting standard ISO "insured contract" language will not be accepted. C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. Excepting professional liability insurance, all insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. Commercial general and auto liability policies shall provide or be endorsed to provide that City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency and their officers, officials, employees, agents, and volunteers shall be named as additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. C. Primary and Non Contributory. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured. D. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage, in accordance with policy provisions. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Cit 's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor a ninety (90)-day advance written notice of such change, and upon mutual agreement. If such change results in substantial additional cost to Contractor, the City and Contractor may renegotiate Contractor's compensation. D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. F. Self -insured Retentions. Any self -insured retentions must be declared to and approved by City. Self-insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. I. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. SURETY BOND REVIEW FORM The attached surety bond(s) have been reviewed in the following amount(s). PROJECT: I Purchase and Installation of Uninterru tible Power Supply (UPS CONTRACTOR: I CDW Government, LLC SURETY BOND TYPE BOND NUMBER BOND AMOUNT Liberty Mutual Insurance Company Labor & Materials 285072683 294,716.56 Liberty Mutual Insurance Company Performance 285072683 294,716.56 Maintenance Warrant Monument The surety company is ® is not ❑ an admitted company in the State of California: • Financial Strength Rating: A-YV • A.M. Best #: 02'u53 • NAIC #: 2,IQL43 • CA Company ID #: Ins- l Insurance Verified By: Risk Management Division Approved As to Form Peter M. Thorson, City Attorney NOTES: � �ofta 2� Date Date Bond No. 285072683 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Temecula ("City"), has awarded to CDW Government LLC 230 North Milwaukee Ave., Vernon Hills, IL 60061 ("Principal") (Name and address of Contractor) a contract (the "Contract") for the Work described as follows: APC Implementation Services (Project name) WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and Liberty Mutual Insurance Company 175 Berkeley Street, Boston, MA 02116 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Two Hundred Ninety Four Thousand Seven Hundred Sixteen and 56/100 _ Dollars ($ 294,716.56 ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, provisions, and warranties in the Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: 9/12/2023 "Principal" CDW Government LLC 230 N. Milwaukee Ave., Vernon Hills, IL 60061 By: J tolo, Vetting Manager 0 Its 4`0ggI t I III i0j",jr,+ Ile �•� SEAL �`•� ILLINOIS `C-) = 2009 - •f +`r`,rf rr+rr+! ! e! ! ! f tiy! ��14�```,`Y "Surety" Liberty Mutual Insurance Company 175 Berkeley Street, Boston, MA 02116 /�Z� By: 15?" Matt Esposito, Attorney -in -fact M Its INS jp` oRP v�T y� � =19124 o d ass Seal No. 5092 Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Bond No. 285072683 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Temecula ("City"), State of California, has awarded to CDW Government LLC 230 N. Milwaukee Ave., Vernon Hills, IL 60061 ("Principal") (Name and address of Contractor) a contract (the "Contract") for the Work described as follows: APC Implementation Services (Project name) WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, the undersigned Principal, and Liberty Mutual Insurance Company 175 Berkeley Street, Boston, MA 02116 _ (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of _ Two Hundred Ninety Four Thousand Seven Hundred Sixteen and 561100 Dollars ($ 294.716.56 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: 9/12/2023 "Principal" CDW Government LLC 230 N. Milwaukee Ave., Vernon Hills, IL 60061 By: P Ja ut o, Vetting Manager In Its ,+tt J, 111N 41 o ` SEAL ILLINOIS 2009 - ��Sea1�Ny "Surety" Liberty Mutual Insurance Company 175 Berkeley Street, Boston, MA 02116 Matt Esposito, Attorney -in -fact Its � V INSU,Qq Gov,Q0R�� Z .� �a tc► 1912 0 Seal No. 5092 Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate No: 8209563-984656 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, C_ailee Filkin; Cassandra Slattery; Dario Bertocchi; Freda Hill; Justin Schwier; Kaitlin Clark; Kat Pishko; Lindsa Bensenhaver; Matt Es osito; Pam Janutolo; Sarah_H_ anks;_ SmitaDas all of the city of Vemon Hills state of IL each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 13th day of March 2023 Liberty Mutual Insurance Company P� INstr� pyJV INSrr lxsbgq� The Ohio Casualty Insurance Company L�v°r�r A. J `oRc❑�r Qgy -PLo4ronir C' WestAmeman Insurance Company 3 m in sn 1912 a �1919� 0 4 1991 0�� a) �yti�cnu3 � s y� �`ha�v5� as �a Wn,an� �b C $i7 By /r - ro David M. Carey, Assistant Secretary W State of PENNSYLVANIA �U County of MONTGOMERY ss m On this 131h da of March 2023 before ma personally appeared David M. Care who acknowledged himself to be the Assistant Secrete of Liberty Mutual 1 � Y P Y PP Y, 9 Secretary dY -�U- Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the 4? > therein contained by signing on behalf of the corporations by himself as a duty authorized officer. i� IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. WQ`GGn WF F< Ccourgaw im t11 of Ponnsyivanin • rdol8ry $ear O 0 r� r, �y p Teresa Natalia. Notary Public Public Montgomery County Ai My commission expires March 28, 2025 By: Commission numoer 1126044 V Memtxv wSylvanl&AuocslbnorNpgrip5 eresa Pastella, NotaryPutric 13) This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty — Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV - OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as su any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, s have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, s instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. nanimcus consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the p aring upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with though manually affixed. C. Lis ersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do J hlheby certify that is ower of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has 11",71ed. n TEST11MOtJT4Hli t tD I ave hereunto set my hand and affixed the seals of said Companies this 12 day of Septarr er ], 20 33 r�tiy? d'S,ACh�S� 'Da` P�yM Q,Pc nPo�rq�R4yn 1912 o 1919 7 1991 a a Q d3 �'+cKvm d�� y� 'OfA nW� as �s �ofrKp da By Renee C. Llewellyn, Assistant Secretor Seal No. 5092 Y . Y LMS-12873 LMIC OCIC WAIC Multi Cc 02/21 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Connecticut County of Fairfield On 9/12/23 before me, Tarah Rachel Monday Notary Public, personally appeared Matt Esposito who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public gacncl M C'on isnectrcut .�atgh e °fl91301'���5 pub��lon , [yota�Y tss MCI G°mom CALIFORNIA ALL --PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Connecticut County of Fairfield On 9/12/23 before me, Jill Griffin , Notary Public. personally appeared Pam Janutolo who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Sip-nat-urv6f Notdry Public J111 A. Griffin Notary Pablla-Connecticut My Commission Expires mew 31. 2024 Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: September 12, 2023 SUBJECT: Approve Agreement with Riverside County Transportation Commission for Funding of Measure A Regional Arterial Improvmenets for the Ynez Road Improvement Project, Phase I (From Rancho California to Rancho Vista) PREPARED BY: Julie Tarrant, Principal Management Analyst RECOMMENDATION: That the City Council: 1. Approve the agreement with Riverside County Transportation Commission for the funding of Measure A Regional Arterial Improvements for the Ynez Road Improvement Project, Phase I (from Rancho California to Rancho Vista), in the amount of $1,475,000; and 2. Authorize the City Manager to execute the agreement. BACKGROUND: On April 5, 2023, the Department of Public Works submitted a project application to Riverside County Transportation Commission (RCTC) in response to the 2023 Western Riverside County Regional Arterials Call for Projects for the Ynez Road Improvement Project. The Ynez Road Improvement project will include widening the easterly side of Ynez Road, from Rancho Vista Road north to Tierra Vista Road approximately 1600 linear feet, to two lanes in each direction, and complete missing segments of curb and gutter, sidewalk including bike lanes, ADA improvements, traffic signal modifications, safety lighting, pedestrian - countdown heads and crosswalks, street lighting, raised median, and hardscape & landscape improvements. On May 15, 2023, RCTC approved the funding recommendations for Measure A Regional Arterial (MARA) funding, and approved the City's project application, and awarded MARA funds in the amount of $1,475,000. RCTC received 25 project applications requesting a total of $184 million. Projects were evaluated by Commission staff and regional agency staff from Western Riverside Council of Governments (WRCOG), per the scoring criteria, as outlined in the program guidelines. To utilize the MARA program funds available, the City must enter into an Agreement for the Funding of MARA Improvements with RCTC, for the Construction Phase of Work in the amount of $1,475,000. The total project costs are estimated at $2,950,000, including administration, design and environmental, and construction to complete the overall project. MARA funding will be utilized for the Construction Phase of Work. Construction is planned to begin in April 2024 and be completed in December 2024, or approximately 160 working days. FISCAL IMPACT: The Ynez Road Improvement Project is in the current FY 2024-28 Capital Improvement Program (CIP) and has been amended to include MARA funds in the amount of $1,475,000, or 50% of the total project cost of $2,950,000. ATTACHMENTS: Funding Agreement - Agreement No. 23-72-105-00 Agreement No. 23-72-105-00 AGREEMENT FOR THE FUNDING OF MEASURE A REGIONAL ARTERIAL IMPROVEMENTS WITH THE CITY OF TEMECULA 1. Parties and Date. 1.1 This Agreement is executed and entered into this day of , 2023, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("RCTC") and CITY OF TEMECULA ("City"). RCTC and City are sometimes collectively referred to herein as the "Parties". 2. Recitals. 2.1 RCTC is a county transportation commission created and existing pursuant to California Public Utilities Code Sections 130053 and 130053.5. 2.2 On November 5, 2002 the voters of Riverside County approved Measure A authorizing the collection of a one-half percent (1/2%) retail transactions and use tax to fund transportation programs and improvements within the County of Riverside, and adopting the Riverside County Transportation Improvement Plan (the "Plan"). 2.3 The Plan establishes funding for any improved Regional Arterial System to be funded by a mix of measure A and Transportation Uniform Mitigation Fees (TUMF) revenues. 2.4 Pursuant to Public Utility Code Sections 240000 et seq., RCTC is authorized to allocate the proceeds of the Measure A tax in furtherance of the Plan. 2.5 RCTC intends, by this Agreement, to distribute Measure A Regional Arterial ("MARA") Funds, subject to the conditions provided herein, and to participate in the joint development of the Project, as defined herein. 3. Terms. 3.1 Description of Work. This Agreement is intended to distribute MARA Funds to the City for the Ynez Road Improvements Project, ("the Work"). The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit "A" attached hereto and, pursuant to Section 3.15 below, is subject to modification as requested by the City and approved by RCTC. The Work shall be consistent with one or more of the defined RCTC Call for Projects phases detailed herein as follows: 1) CONS — Construction 17336.02600\32593628.1 1 The Work phase(s) funded pursuant to this Agreement shall be consistent with the City's Call for Projects Nomination Form submitted to RCTC ("the Project"). The Project is more fully described in Exhibit `B" attached hereto. It is understood and agreed that the City shall expend MARA Funds only as set forth in this Agreement and only for the Work. To this end, any use of funds provided pursuant to this Agreement shall be subject to the review and approval of ROTC. 3.2 RCTC Funding Amount. RCTC hereby agrees to distribute to the City, on the terms and conditions set forth herein, a sum not to exceed One Million, Four Hundred Seventy -Five Thousand Dollars ($1,475,000), to be used exclusively for reimbursing the City for eligible Work expenses as described herein ("Funding Amount"). The City acknowledges and agrees that the Funding Amount may be less than the actual cost of the Work, and that RCTC shall not contribute MARA Funds in excess of the maximum authorized in this section. 3.2.1 Eligible Work Costs. The total Work costs ("Total Work Cost") may include the following items, provided that such items are included in the scope of work attached as Exhibit "A": (1) City and/or consultant costs associated with direct Work coordination and support; (2) construction costs, including change orders to construction contract approved by the City; and (3) construction management, field inspection and material testing costs. 3.2.2 Ineligible Work Costs. The Total Work Cost shall not include the following items which shall be borne solely by the City without reimbursement: (1) City administrative costs; (2) City costs attributed to the preparation of invoices, billings and payments; (3) any City fees attributed to the processing of the Work; and (4) expenses for items of work not included within the scope of work in Exhibit "A". 3.2.3 Increases in Work Funding, The Funding Amount may, in RCTC's sole discretion, be augmented with additional MARA Funds. Any such increase in the Funding Amount must be approved in writing by RCTC's Executive Director. No such increased funding shall be expended to pay for any Work already completed. For purposes of this Agreement, the Work or any portion thereof shall be deemed complete upon its acceptance by RCTC's Executive Director. 3.2.4 Cost Savings. In the event that bids for the Work are lower than anticipated, or there are cost savings for any other reason, the Funding Amount shall be reduced as follows: cost savings shall be applied proportionately to each funding source listed in Exhibit "A" for the Work. The City shall inform RCTC of any cost savings and the Parties shall amend this Agreement to reflect the revised Funding Amount. RCTC's Executive Director and the City Manager shall be authorized to execute any such amendment. 3.2.5 No Funding for Temporary Improvements. Only segments or components of the Work that are intended to form part of or be integrated into the Work may be funded by MARA Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, or drainage facilities, shall be funded with MARA Funds except as needed for staged construction of the Work. 17336.02600\32593628.1 2 3.3 City's Funding Obligation to Complete the Work. In the event that the MARA Funds allocated to the Work represent less than the total cost of the Work, the City shall provide such additional funds as may be required to complete the Work as described in Exhibit "A". 3.3.1 City's Obligation to Repay MARA Funds to RCTC. In the event that: (i) the City, for any reason, determines not to proceed with or complete the Work; or (ii) the Work is not timely completed, subject to any extension of time granted by RCTC pursuant to Section 3.15; the City agrees that any MARA Funds that were distributed to the City for the Work shall be repaid in full to RCTC. The Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism which may include, but is not limited to, withholding of Measure A Local Streets and Roads revenues. The City acknowledges and agrees that RCTC shall have the right to withhold any Measure A Local Streets and Roads revenues due the City, in an amount not to exceed the total of the funds distributed to the City, and/or initiate legal action to compel repayment, if the City fails to repay RCTC within a reasonable time period not to exceed 180 days from receipt of written notification from RCTC that repayment is required. 3.3.2 City's Local Match Contribution. The City shall provide at least Three Hundred Thirty -Seven Thousand Dollars ($337,000) of funding toward the Work, as shown in Exhibit "A" and as called out in the City's Project Nomination Form submitted to RCTC in response to its Call for Projects. 3.4 Work Responsibilities of the City. The City shall be responsible for the following aspects of the Work, in compliance with state and federal law provided that such items are included in the Project scope of work attached as Exhibit "A": (i) all aspects of bidding, awarding, and administration of the contracts for the Work; (ii) all construction management of any construction activities undertaken in connection with the Work, including survey and material testing; and (iii) development of a budget for the Work prior to award of any contract for the Work, taking into consideration available funding, including MARA Funds. 3.5 Term/Notice of Completion. The term of this Agreement shall be from the date first herein above written until: (i) the date RCTC formally accepts the Work as complete, pursuant to Section 3.2.3; (ii) termination of this Agreement pursuant to Section 3.9; or (iii) the City has fully satisfied its obligations under this Agreement, "including full repayment of MARA Funds to RCTC as provided herein". All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. 3.6 Representatives of the Parties. RCTC's Executive Director, or his or her designee, shall serve as RCTC's representative and shall have the authority to act on behalf of RCTC for all purposes under this Agreement. The City hereby designates Aaron Adams, City Manager, or his or her designee, as the City's representative to RCTC. The City's representative shall have the authority to act on behalf of the City for all purposes under this Agreement and shall coordinate all activities of the Work under the City's responsibility. The City shall work closely and cooperate fully with RCTC's representative and any other agencies which may have jurisdiction over or an interest in the Work. 17336.02600\32593628.1 3 3.7 Expenditure of Funds by City Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the City from expending funds on the Work prior to the execution of the Agreement, or from being reimbursed by RCTC for such expenditures. However, the City understands and acknowledges that any expenditure of funds on the Work prior to the execution of the Agreement is made at the City's sole risk, and that some expenditures by the City may not be eligible for reimbursement under this Agreement. 3.8 Review of Services. The City shall allow RCTC's Representative to inspect or review the progress of the Work at any reasonable time in order to determine whether the terms of this Agreement are being met. 3.9 Termination. This Agreement may be terminated for cause or convenience as further specified below. 3.9.1 Termination for Convenience. 3.9.1.1 Notice. Either RCTC or the City may, by written notice to the other party, terminate this Agreement, in whole or in part, for convenience by giving thirty (30) days' written notice to the other party of such termination and specifying the effective date thereof. 3.9.1.2 Effect of Termination for Convenience. In the event that the City terminates this Agreement for convenience, the City shall, within 180 days, repay to RCTC in full all MARA Funds provided to the City under this Agreement. In the event that RCTC terminates this Agreement for convenience, RCTC shall, within 90 days, distribute to the City MARA Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time of the notice of termination; provided, however, that RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not limited to conducting a review of the invoices and requesting additional information. This Agreement shall terminate upon receipt by the non -terminating party of the amounts due it under this Section 3.9.1.2. 3.9.2 Termination for Cause. 3.9.2.1 Notice. Either RCTC or the City may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured. 3.9.2.2 Effect of Termination for Cause. In the event that the City terminates this Agreement in response to RCTC's uncured material breach hereof, RCTC shall, within 90 days, distribute to the City MARA Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time of the notice of termination. In the event that RCTC terminates this Agreement in response to the City's uncured material breach hereof, the City shall, within 180 days, repay to RCTC in full all MARA Funds provided to the City under this Agreement. Notwithstanding termination of this Agreement by RCTC pursuant to this 17336.02600\32593628.1 4 Section 3.9.2.2, RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not limited to conducting a review of the invoices and requesting additional information. This Agreement shall terminate upon receipt by the terminating party of the amounts due it under this Section 3.9.2.2. 3.9.3 Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 3.10 Prevailing Wages. The City and any other person or entity hired to perform services on the Work are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The City shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Work. The City shall defend, indemnify, and hold harmless RCTC, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et se . 3.11 Progress Reports. RCTC may request the City to provide RCTC with progress reports concerning the status of the Work. 3.12 Indemnification. 3.12.1 City Responsibilities. In addition to the indemnification required under Section 3.10, the City agrees to indemnify and hold harmless RCTC, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to any act of the City or its subcontractors whatsoever, regardless of fault, including negligent acts, errors or omissions or willful misconduct, except that caused by the sole negligence of RCTC. The City will reimburse RCTC for any expenditures, including reasonable attorneys' fees, incurred by RCTC, in defending against claims ultimately determined to be due to any act of the City or its subcontractors whatsoever, regardless of fault, including negligent acts, errors or omissions or willful misconduct, except that caused by the sole negligence of RCTC. 3.12.2 Effect of Acceptance. The City shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Work. RCTC's review, acceptance or funding of any services performed by the City or any other person or entity under this agreement shall not be construed to operate as a waiver of any rights RCTC may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the City shall be and remain liable to RCTC, in accordance with applicable law, for all damages to RCTC caused by the City's performance of this Agreement or supervision of any services provided to complete the Work. 3.13 Insurance. The City shall require, at a minimum, all persons or entities hired to perform the Work to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the City and RCTC. Such insurance shall be 17336.02600\32593628.1 5 maintained throughout the term of this Agreement, or until completion of the Work, whichever occurs last. 3.13.1 Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $2,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Work or be no less than two times the occurrence limit. Such insurance shall: 3.13.1.1 Name RCTC and City, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Work and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; 3.13.1.2 Be primary with respect to any insurance or self insurance programs covering RCTC and City, and/or their respective officials, officers, employees, agents, and consultants; and 3.13.1.3 Contain standard separation of insured provisions. 3.13.2 Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. 3.13.3 Professional Liability Insurance. Errors and omissions liability insurance with a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design or engineering professionals. 3.13.4 Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each accident. 3.14 Procedures for Distribution of MARA Funds to City. 3.14.1 Initial Payment by the City. The City shall be responsible for initial payment of all the Work costs as they are incurred. Following payment of such Work costs, the City shall submit invoices to RCTC requesting reimbursement of eligible Work costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the City, and documents evidencing the City's payment of the invoices or demands for payment. The City shall submit invoices not more often than monthly and not less often than quarterly. 3.14.2 Review and Reimbursement by RCTC. Upon receipt of an invoice from the City, RCTC may request additional documentation or explanation of the Work costs for which reimbursement is sought. Undisputed amounts shall be paid by RCTC to the City within thirty (30) days. In the event that RCTC disputes the eligibility of the City for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the City may appeal RCTC's 17336.02600\32593628.1 6 decision as to the eligibility of one or more invoices to RCTC's Executive Director. The City may appeal the decision of the Executive Director to the full RCTC Board, the decision of which shall be final. Additional details concerning the procedure for the City's submittal of invoices to RCTC and RCTC's consideration and payment of submitted invoices are set forth in Exhibit "C", attached hereto. 3.14.3 Funding Amount/Adjustment. If a post Work audit or review indicates that RCTC has provided reimbursement to the City in an amount in excess of the maximum MARA Funds provided for in section 3.2 of this Agreement, or has provided reimbursement of ineligible Work costs, the City shall reimburse RCTC for the excess or ineligible payments within 30 days of notification by RCTC. 3.15 Work Amendments. Changes to the characteristics of the Work, including the deadline for Work completion, and any responsibilities of the City or RCTC may be requested in writing by the City and are subject to the approval of RCTC's Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Work shall be approved in the sole discretion of RCTC's Representative. Nothing in this Agreement shall be construed to require or allow completion of the Work without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA") and the National Environmental Policy Act of 1969 (42 USC 4231 et seq. ), but the necessity of compliance with CEQA and NEPA shall not justify, excuse, or permit a delay in completion of the Work. 3.16 Conflict of Interest. For the term of this Agreement, no member, officer or employee of the City or RCTC, during the term of his or her service with the City or RCTC, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.17 Limited Scope of Duties. RCTC's and the City's duties and obligations under this Agreement are limited to those described herein. RCTC has no obligation with respect to the safety of any Work performed at a job site. In addition, RCTC shall not be liable for any action of City or its contractors relating to the condemnation of property undertaken by City or construction related to the Work. 3.18 Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Work under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other parry pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit. 3.19 Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment 17336.02600\32593628.1 7 because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.20 Governing This Agreement shall be governed by and construed with the laws of the State of California. Venue shall be in Riverside County. 3.21 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. 3.22 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.23 Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 3.24 Notification. All notices hereunder and communications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 ATTN: City Manager RCTC Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Mailing address: P.O. Box 12008 Riverside, CA 92501 ATTN: Executive Director Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. 3.25 Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the performance of the Services. 3.26 Contract Amendment. In the event that the Parties determine that the provisions of this Agreement should be altered, the Parties may execute a contract amendment to add any provision to this Agreement, or delete or amend any provision of this Agreement. All such contract amendments must be in the form of a written instrument signed by the original signatories to this Agreement, or their successors or designees. 17336.02600\32593628.1 3.27 Entire Agreement. This Agreement constitutes the entire agreement between the Parties relating to the subject matter hereof and supersedes any previous agreements or understandings. 3.28 No Waiver. Failure of RCTC to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. 3.29 Validity of Agreement. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 3.30 Independent Contractors. Any person or entities retained by the City or any contractor shall be retained on an independent contractor basis and shall not be employees of RCTC. Any personnel performing services on the Work shall at all times be under the exclusive direction and control of the City or contractor, whichever is applicable. The City or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Work and as required by law. The City or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 3.31 Survival. All rights and obligations hereunder that by their nature are to be performed after any expiration or termination of this Agreement shall survive any such expiration or termination. 3.32 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.33 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.34 Electronically Transmitted Signatures. A manually signed copy of this Agreement which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes. [Signatures on following page] 17336.02600\32593628.1 SIGNATURE PAGE TO AGREEMENT FOR THE FUNDING OF MEASURE A REGIONAL ARTERIAL IMPROVEMENTS RIVERSIDE COUNTY TRANSPORTATION COMMISSION Anne Mayer, Executive Director APPROVED AS TO FORM: Best, Best & Krieger Counsel to the Riverside County Transportation Commission 17336.02600\32593628.1 10 CITY OF TEMECULA Aaron Adams, City Manager ATTEST: Randi Johl, City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney EXHIBIT "A" SCOPE OF WORK, FUNDING AND TIMETABLE SCOPE OF WORK: Widen easterly side of Ynez Road, from Rancho Vista Road north to Tierra Vista Road, to two lanes in each direction and complete missing segments of curb and gutter, sidewalk including bike lanes, ADA improvements, traffic signal modifications, safety lighting, pedestrian -countdown heads and crosswalks, street lighting, raised median, and hardscape & landscape improvements. FUNDING: PHASE MARA Fund LOCAL TOTAL CONSTRUCTION $1,475,000 $337,000 $1,812,000 TOTAL $1,475,000 $337,000 $1,812,000 TIMETABLE: Provide at a minimum the beginning and ending dates for each phase of work including major milestones within a phase. PHASE START DATE END DATE COMMENTS Construction 4/2024 12/2024 160 Working Days Exhibit A 17336.02600\32593628.1 EXHIBIT "B" PROJECT LOCATION MAP Interstate Other Fwy or Expwy Other Principal Arterial Minor Arterial Major Collector Minor Collector Local Exhibit B 17336.02600\32593628.1 EXHIBIT "C" PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES RCTC recommends that the City incorporate Exhibit "C-1" into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the City and ultimately to RCTC for reimbursement of City contractor costs. 2. Each month the City shall submit an invoice for eligible Work costs incurred during the preceding month. The original invoice shall be submitted to RCTC's Executive Director with a copy to RCTC's Project Coordinator. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit "C-2". 3. Each invoice shall include documentation from each contractor used by the City for the Work, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or consultant for the month and for the entire Work to date. A sample progress report is attached as Exhibits "C-4". All documentation from the City's contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit "C-3". 4. If the City is seeking reimbursement for direct expenses incurred by City staff for eligible Work costs, the City shall detail the same level of information for its labor and any expenses in the same level of detail as required of contractors pursuant to Exhibit "C" and its attachments. 5. Charges for each task and milestone listed in Exhibit "A" shall be listed separately in the invoice. 6. Each invoice shall include a certification signed by the City Representative or his or her designee which reads as follows: "I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the consultants or contractors listed. Signed _ Title Date 17336.02600\32593628.1 Exhibit C Invoice No. 7. RCTC will pay the City within 30 days after receipt by the Commission of an invoice. If RCTC disputes any portion of an invoice, payment for that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid. 8. The final payment under this Agreement will be made only after: (i) the City has obtained a Release and Certificate of Final Payment from each contractor or consultant used on theWork; (ii) the City has executed a Release and Certificate of Final Payment; and (iii) the City has provided copies of each such Release to RCTC. Exhibit C 17336.02600\32593628.1 EXHIBIT "C-1" ELEMENTS OF COMPENSATION For the satisfactory performance and completion of the Work under this Agreement, City will pay the Consultant compensation as set forth herein. The total compensation for this service shall not exceed (_INSERT WRITTEN DOLLAR AMOUNT) ($ INSERT NUMERICAL DOLLAR AMOUNT) without written approval of City's City Engineer ("Total Compensation"). 1. ELEMENTS OF COMPENSATION. Compensation for the Work will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs. 1.1 DIRECT LABOR COSTS. Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows: 1.1.1 DIRECT SALARY COSTS Direct Salary Costs are the base salaries and wages actually paid to the Consultant's personnel directly engaged in performance of the Work under the Agreement. (The range of hourly rates paid to the Consultant's personnel appears in Section 2 below.) 1.1.2 MULTIPLIER The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is , and is the sum of the following components: 1.1.2.1 Direct Salary Costs 1.1.2.2 Payroll Additives The Decimal Ratio of Payroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations. Exhibit "C-1" 17336.02600\32593628.1 1.1.2.3 Overhead Costs The Decimal ratio of Allowable Overhead Costs to the Consultant Firm's Total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2. Total Multiplier (sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3) 1.2 FIXED FEE. 1.2.1 A Fixed Fee of shall be paid to Consultant for Consultant's complete and satisfactory performance of this Agreement and all Services required. The Fixed Fee shall be paid in monthly installments based upon the percentage of the Services completed at the end of each billing period, as determined in the sole discretion of the City. Consultant shall not be entitled to and shall forfeit any portion of the Fixed Fee not earned as provided herein. 1.2.2 A pro-rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice. 1.3 ADDITIONAL DIRECT COSTS. Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost. Rates for identified Additional Direct Costs are as follows: TT -FM Per Diem Car mileage Travel Computer Charges Photocopies Blueline LD Telephone Fax Photographs REIMBURSEMENT RATE [ insert charges_) $ /day $ /mile $ /trip $ /hour $ /copy $ /sheet $ /call $ /sheet $ /sheet Travel by air and travel in excess of 100 miles from the Consultant's office nearest to City's Exhibit "C-1" 17336.02600\32593628.1 office must have City's prior written approval to be reimbursed under this Agreement. Exhibit "C-1" 17336.02600\32593628.1 2. 3. DIRECT SALARY RATES Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following: 2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above. 2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Consultant's adjustments to individual compensation. The Consultant shall notify City in writing prior to a change in the range of rates included herein, and prior to each subsequent change. POSITION OR CLASSIFICATION RANGE OF HOURLY RATES [ sample_J Principal $ .00 - $ .00/hour Project Manager $ .00 - $ .00/hour Sr. Engineer/Planner $ .00 - $ .00/hour Project Engineer/Planner $ .00 - $ .00/hour Assoc. Engineer/Planner $ .00 - $ .00/hour Technician $ .00 - $ .00/hour Drafter/CADD Operator $ .00 - $ .00/hour Word Processor $ .00 - $ .00/hour 2.3 The above rates are for the Consultant only. All rates for subconsultants to the Consultant will be in accordance with the Consultant's cost proposal. INVOICING. 3.1 Each month the Consultant shall submit an invoice for Work performed during the preceding month. The original invoice shall be submitted to City's City Engineer with two (2) copies to City's Project Coordinator. 3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by City's Representative. Exhibit "C-1" 17336.02600\32593628.1 3.3 Base Work and Extra Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Work, shall be listed separately. The charges for each individual assigned by the Consultant under this Agreement shall be listed separately on an attachment to the invoice. 3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to City such as invoices, telephone logs, etc. 3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date. 3.6 Each invoice shall indicate payments to DBE subconsultants or supplies by dollar amount and as a percentage of the total invoice. 3.7 Each invoice shall include a certification signed by the Consultant's Representative or an officer of the firm which reads as follows: I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed. Signed Title Date Invoice No. 4. PAYMENT 4.1 City shall pay the Consultant within four to six weeks after receipt by City of an original invoice. Should City contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid. The final payment for Work under this Agreement will be made only after the Consultant has executed a Release and Certificate of Final Payment. Exhibit "C-1" 17336.02600\32593628.1 EXHIBIT "C-2" Sample Cover Letter to RCTC Date Ms. Anne Mayer Executive Director Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 ATTN: Accounts Payable Re: Project Title - Invoice # Enclosed for your review and payment approval is the City of 's invoice for professional and technical services that was rendered by our contractors in connection with the Agreement No. effective (Month/DU/Year). The required support documentation received from each contractor is included as backup to the invoice. Invoice period covered is from Month/Date/Year to Month/Date/Year. Total Authorized Agreement Amount: $0,000,000.00 Total Invoiced to Date: $0,000,000.00 Total Previously Invoiced: $0,000,000.00 Balance Remaining: $0,000,000.00 Amount due this Invoice: $0,000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed. By: Name Title cc: Exhibit "C-2" 17336.02600\32593628.1 EXHIBIT 64C-3" Sample Letter from Contractor to City/County Month/Date/Year Attn: Accounts Payable Invoice # For [type of services] rendered by [contractor name] in connection with [name of project] This is per agreement No. XX-XX-XXX effective Month/Date/Year. Invoice period covered is from Month/Date/Year to Month/Date/Year. Total Base Contract Amount: $000,000.00 Authorized Extra Work (if Applicable) $000,000.00 --------------- TOTAL AUTHORIZED CONTRACT AMOUNT: $000,000.00 Total Invoice to Date: $000,000.00 Total Previously Billed: $000,000.00 Balance Remaining: $000,000.00 Amount Due this Invoice: $000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed, By: Name Title Exhibit "C-3" 17336.02600\32593628.1 EXHIBIT C-4 Sample Progress Report REPORTING PERIOD: Month/Date/Year to Month/Date/Year PROGRESS REPORT: 41 A. Activities and Work Completed during Current Work Periods TASK 01 — 100% PS&E SUBMITTAL 1. Responded to Segment 1 comments from Department of Transportation 2. Completed and submitted Segment 1 final PS&E B. Current/Potential Problems Encountered & Corrective Action Problems Corrective Action None None C. Work Planned Next Period TASK 01 — 100% PS&E SUBMITTAL 1. Completing and to submit Traffic Signal and Electrical Design plans 2. Responding to review comments Exhibit C-4 17336.02600\32593628.1 Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: September 12, 2023 SUBJECT: Approve Agreement with Riverside County Transportation Commission for Funding Under Senate Bill 821 Bicycle and Pedestrian Facilities Program PREPARED BY: Julie Tarrant, Principal Management Analyst RECOMMENDATION: That the City Council approve the agreement with Riverside County Transportation Commission for funding under Senate Bill 821 Bicycle and Pedestrian Facilities Program for the Pauba Road Sidewalk Improvement Project, in the amount of $362,600. BACKGROUND: On April 27, 2023, the Department of Public Works submitted a project application to Riverside County Transportation Commission (RCTC) in response to the Biennial Call for Projects for the Senate Bill 821 (SB821) Bicycle and Pedestrian Facilities Program for the Pauba Road Sidewalk Improvement Project. The proposed project includes the design and construction of sidewalk improvements along the south side of Pauba Road, between Elinda Road and Showalter Road. Project construction to include approximately 2,300 linear feet of 6-foot-wide sidewalk, five ADA accessible ramps, and to construct portions of curb and gutter to complete gap closures, and re -alignment and re -striping of 1,180 linear feet of Class II bike lane from Ynez Road to La Primavera Street. On June 9, 2023, RCTC completed their review of applications, and recommended the Pauba Road Sidewalk Improvement project for award, and for adoption by the Commission in July. The Commission received 29 project proposals from 18 agencies, totally $15,093,787 in SB821 funding requests. Staff recommended funding allocations for 12 of the 29 projects that scored 39 or above, of a total 50 maximum points available per the Evaluation Citeria. The Commission approved the recommendations for award at their regular meeting of July 12, 2023. To utilize the funding made available, the City must enter into the Riverside County Transportation Commission Agreement for Funding under SB821 Bicycle and Pedestrian Facilities Program. According to the latest estimate per the FY 2024-28 Capital Improvement Program (CIP), the total project cost is $957,124. SB821 Funds will provide for a maximum of $362,600, with a local match of $594,524. FISCAL IMPACT: The Pauba Road Sidewalk Improvement Project is programmed in the FY 2024-28 CIP and has been amended to include SB821 Program Funds of $362,600, and Measure S of $594,524, for a total project cost of $957,124. ATTACHMENTS: Funding Agreement - Agreement No. 24-62-021-00 AGREEMENT No. 24-62-021-00 RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT FOR FUNDING UNDER SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM (Transportation Development Act Article 3; Senate Bill 821) This Funding Agreement ("AGREEMENT") is entered into as of , 2023 ("Effective Date"), by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("RCTC") and City of Temecula ("RECIPIENT"). RCTC and RECIPIENT may be referred to herein individually as a "Party" and collectively as the "Parties." RECITALS A. RCTC is a county transportation commission created and existing pursuant to California Public Utilities Code Sections 130053 and 130053.5. B. Under RCTC's SB 821 Bicycle and Pedestrian Facilities Program ("PROGRAM"), cities and counties in the County of Riverside are notified of the availability of PROGRAM funding and a call for projects ("CALL FOR PROJECTS") is anticipated to be issued biennially by RCTC. C. On February 6t', 2023, a CALL FOR PROJECTS was published by RCTC seeking applications for FY 2023/24 PROGRAM funding, which applications were reviewed in accordance with the applicable evaluation criteria included in the CALL FOR PROJECTS. D. Based on the application attached as Attachment 1 and incorporated herein by this reference, RECIPIENT has been selected to receive PROGRAM funding for its proposed Pauba Road Sidewalk Improvements Project ("PROJECT"). E. Funding for the PROJECT shall be provided pursuant to the terms contained in this AGREEMENT and pursuant to applicable PROGRAM policies adopted by RCTC, which are attached hereto and incorporated herein as Attachment 2. NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants and consideration contained herein, the Parties mutually agree as follows: 1. Incorporation of Recitals. The Parties acknowledge and agree that the above recitals are true and correct, and hereby incorporate those recitals by this reference into the AGREEMENT. 2. RCTC Funding Amount. RCTC hereby agrees to distribute to the RECIPIENT, on the terms and conditions set forth herein, a sum not to exceed Three Hundred Sixty -Two Thousand Six Hundred Dollars ($362,600), to be used exclusively for reimbursing the RECIPIENT for eligible expenses as described herein ("FUNDING AMOUNT"). RECIPIENT acknowledges and agrees that the FUNDING AMOUNT may be less than the actual and final cost of the PROJECT, which final costs are the sole responsibility of RECIPIENT, and RCTC will not contribute PROGRAM funds in excess of the maximum authorized in this Section 2 unless 17336.00005\41471305.2 otherwise mutually agreed to in writing by the PARTIES. In the event the FUNDING AMOUNT is not fully utilized by RECIPIENT for the PROJECT, the unused FUNDING AMOUNT must be returned to RCTC within ninety (90) ninety days of a written request by RCTC unless RECIPIENT can demonstrate in writing, subject to written approval by RCTC in its sole discretion, the following: (i) valid reason for why PROJECT costs were significantly lower than the estimate included in RECIPIENT's attached application for funding, and (ii) written proposal for how any unused FUNDING AMOUNT will be used for a proposal to support the PROJECT or other use that supports the goals and requirements of the PROGRAM. 2.1 Eligible Project Costs. Reimbursement for PROJECT costs ("REIMBURSEMENT") may only include those items expressly allowed for under Article 3 of the Transportation Development Act (California Public Utilities Code section 99200 et seq.), which provides that funding shall be allocated for the construction, including related engineering expenses, of facilities based on the PROGRAM policies adopted by RCTC, provided that such items are included in the scope of work included in the application, attached as Attachment 1 ("SCOPE OF WORK"). All PROJECT costs not included in the SCOPE OF WORK and not expressly permitted under Article 3 of the Transportation Development Act and the PROGRAM policies shall be considered ineligible for REIMBURSEMENT. In the event the SCOPE OF WORK needs to be amended, RECIPIENT shall submit a scope change request electronically via RCTC's online tracking and reporting system known as the Rivtrack system and accessible at https://rivtrack.rctc.org/ ("Rivtrack system"). The electronically submitted scope change request must include the reasons for the requested change and confirmation that costs associated with the proposed amendment are eligible for PROGRAM reimbursement. Such request is subject to written approval by RCTC, in RCTC's sole discretion. In the event of any ambiguity between this AGREEMENT, PROGRAM policies, and applicable law, the following order of precedence will govern: (1) applicable law; (2) PROGRAM policies; (3) this AGREEMENT. In the case of any conflict between this Agreement and any of its attachments, the body of this Agreement shall govern. Notwithstanding the foregoing, in the case of a conflict, the most stringent requirement shall govern, unless prohibited by applicable law or otherwise agreed upon by RCTC. 2.2 Timing for Project Completion. In accordance with the PROGRAM policies attached hereto as Attachment 2, RECIPIENT has thirty-six (36) months to complete the PROJECT from the date of this AGREEMENT, unless otherwise agreed to in writing by the PARTIES. If the PROJECT is not completed within 36 months, RCTC shall have the sole discretion to delete the PROJECT from the PROGRAM and reprogram the funding for future approved PROGRAM projects. RECIPIENT will not be reimbursed until the PROJECT is accepted as complete by RCTC following the submission of the PROGRAM funding claim form completed electronically via the Rivtrack system. In the event additional time is needed for the completion of the PROJECT, RECIPIENT may submit a time extension request electronically via the Rivtrack system. Before and after PROJECT photographs must be uploaded with the CLAIM FORM upon PROJECT completion, as well as copies of paid invoices and any other backup requested for repayment and audit purposes. 2.3 Increases in Project Funding. The FUNDING AMOUNT may, at RCTC's sole discretion, be augmented with additional PROGRAM funds and local agency match funds proportionate to the amounts included in Section 3 if there is a FUNDING AMOUNT balance and the RECIPIENT provides justification as to the reason for the funding 2 17336.00005\41471305.2 increase. Any such increase in the FUNDING AMOUNT must be approved in writing by RCTC's Executive Director and RCTC shall be under no obligation whatsoever to approve any increase in the FUNDING AMOUNT. No such increased funding shall be expended to pay for any PROJECT work already completed. 2.4 Cost Savings. In the event that bids or proposals for the PROJECT are lower than anticipated, or there are cost savings for any other reason, the FUNDING AMOUNT shall be reduced through an amendment to the AGREEMENT. RECIPIENT shall inform RCTC of any cost savings and any cost savings shall be returned to RCTC or may be reprogrammed with written approval by RCTC for other RECIPIENT projects that align with the PROGRAM. No PROGRAM funding may be used for projects not approved by RCTC. If RECIPIENT provides a local match commitment and there are cost savings on the PROJECT, RCTC will still be reimbursed at the matching ratio as presented in the Project application despite such cost savings in accordance with PROGRAM policies. 2.5 No Funding for Temporary Improvements. Only segments or components of improvements that are intended to form part of or be integrated into the PROJECT may be funded by PROGRAM funds. No improvement(s) which is/are temporary in nature, including but not limited to temporary lanes, curbs, or drainage facilities, shall be funded with PROGRAM funds except as needed for staged construction of the PROJECT. 2.6 Review and Reimbursement by RCTC. Upon submission into Rivtrack, of the final detailed invoice from the RECIPIENT clearly documenting work completed and corresponding costs, RCTC may request additional documentation or explanation of the SCOPE OF WORK costs for which reimbursement is sought. Undisputed amounts shall be paid by RCTC to the RECIPIENT within thirty (30) days. In the event that RCTC disputes the eligibility for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. Additional details concerning the procedure for the RECIPIENT's submittal of invoices to RCTC and RCTC's consideration and payment of submitted invoices are set forth in Attachment 2. 2.7 Recipient's Funding Obligation to Complete the Work; Limitation of RCTC Obligations. In the event that the PROGRAM funds allocated to the SCOPE OF WORK represent less than the total cost of the PROJECT, RECIPIENT shall be solely responsible for providing such additional funds as may be required to complete the PROJECT. RCTC has no obligation with respect to the safety of any work performed under the SCOPE OF WORK, for the PROJECT, or at a PROJECT site. Further, RCTC shall not be liable for any action of RECIPIENT or its contractors relating to the condemnation of property undertaken by RECIPIENT or construction related to the PROJECT. 2.8 Recipient's Obligation to Repay Program Funds to RCTC. In the event it is determined, whether through a post -completion audit or otherwise, the PROJECT was not completed in accordance with the PROGRAM requirements or this AGREEMENT, RECIPIENT agrees that any PROGRAM funds distributed to RECIPIENT for the PROJECT shall be repaid in full to RCTC. The Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism which may include, but is not limited to, withholding of Measure A Local Streets and Roads revenues, if applicable. RECIPIENT acknowledges and agrees that RCTC shall have the right to withhold any Measure A Local Streets and Roads revenues due to RECIPIENT, in an amount not to exceed the total of the PROGRAM funds distributed to RECIPIENT, and/or initiate legal action to compel repayment, 3 17336.00005\41471305.2 if the RECIPIENT fails to repay RCTC within a reasonable time period not to exceed one hundred eighty (180) days, including any good faith negotiations, from receipt of written notification from RCTC that repayment is required due to failure to comply with the PROGRAM policies or this AGREEMENT. 2.9 Records Retention and Audits. RECIPIENT shall retain all PROJECT records in an organized manner for a minimum of three (3) years following completion of the PROJECT. PROJECT records shall be made available for inspection by RCTC upon request. If a post PROJECT audit or review indicates that RCTC has provided reimbursement to the RECIPIENT in an amount in excess of the FUNDING AMOUNT set forth in Section 2, or has provided reimbursement of ineligible PROJECT costs, the RECIPIENT shall reimburse RCTC for the excess or ineligible payments within thirty (30) days of notification by RCTC. This Section 2.9 does not supersede any rights or remedies provided to RCTC under Section 2.8 or applicable law. 3. Recipient's Local Match Contribution. RECIPIENT shall provide at least Four Hundred Seventy Thousand One Hundred Dollars ($470,100) of funding toward the SCOPE OF WORK, as indicated in RECIPIENT'S application attached as Attachment 1 and submitted to RCTC in response to its CALL FOR PROJECTS. RECIPIENT costs related to (i) preparation and administration costs related to invoices, billings and payments; (ii) any RECIPIENT fees attributed to the processing of the SCOPE OF WORK; and (iii) expenses for items not included within the attached SCOPE OF WORK shall be borne solely by the RECIPIENT and shall not qualify towards RECIPIENT's local match requirement in this Section 3. 4. Term: The term of this AGREEMENT shall be from the date first herein above written until: (i) the date RCTC formally accepts the PROJECT as complete, pursuant to Section 2.2; (ii) termination of this AGREEMENT pursuant to Section 14; or (iii) RECIPIENT has fully satisfied its obligations under this AGREEMENT. All applicable indemnification and insurance provisions of this AGREEMENT shall remain in effect following the termination of this AGREEMENT. 5. Recipient Responsibilities. RECIPIENT shall be responsible for all aspects of the PROJECT, in compliance with all applicable state and federal laws, including: (i) development and approval of plans, specifications and engineer's estimate in accordance with all applicable laws, regulations and building codes; obtaining any necessary environmental clearances; right of way acquisition; and, obtaining all permits required by impacted agencies prior to commencement of the PROJECT; (ii) all aspects of procurement, contracting, and administration of the contracts and claims for the PROJECT; (iii) all construction management of any construction activities undertaken in connection with the PROJECT, including surveying and materials testing; and, (iv) development of a budget for the PROJECT and SCOPE OF WORK prior to award of any contract for the PROJECT, taking into consideration available funding, including PROGRAM funds. 6. Indemnification. RECIPIENT shall defend, indemnify and hold RCTC, its officials, governing board members, officers, employees, agents, and consultants free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property, persons or government funding agency, including wrongful death ,arising out of or incident to any intentional or negligent acts, errors or omissions of the RECIPIENT, its officials, officers, employees, agents, consultants and 4 17336.00005\41471305.2 contractors arising out of or in connection with the performance of this AGREEMENT, the PROJECT or the SCOPE OF WORK. RECIPIENT'S obligation to indemnify includes without limitation the payment of all consequential damages and reasonable attorneys' fees, expert witness fees and other related costs and expenses of defense. RECIPIENT shall defend, at its own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against RCTC, its officials, officers, employees, agents, and consultants in connection with this AGREEMENT. RECIPIENT shall pay and satisfy any judgment, award or decree that may be rendered against RCTC, its officials, officers, employees, agents, and consultants in any such suits, actions or other legal proceedings, including any settlement. RECIPIENT's obligation to indemnify shall not be restricted to insurance proceeds. The indemnity obligation shall not apply to the extent of any negligence or willful misconduct of RCTC, its officials, officers, employees, agents, and consultants. This section shall survive the expiration or termination of this Agreement. 7. Expenditure of Funds by Recipient Prior to Execution of Agreement. RECIPIENT may commence the Project starting July 1, 2023, and costs incurred following such date will be eligible for reimbursement under this AGREEMENT, provided they otherwise meet the requirements herein, and provided that this AGREEMENT is executed no later than October 1, 2023. 8. Compliance with Applicable Laws and Insurance. RECIPIENT agrees to comply with all applicable laws and regulations, including public contracting laws, requirements for any local state or federal funding used, and records retention and performance reporting requirements concerning the SCOPE OF WORK and PROJECT, which applicable laws and regulations shall be passed on to contractors by RECIPIENT as applicable. RECIPIENT shall have the responsibility of making sure the appropriate amounts of insurance are included in all applicable agreements for the construction of the PROJECT and RCTC shall be named as an Additional Insured on all insurance certificates obtained for the completion of the PROJECT. PROJECT insurance funds shall be looked to first for the repayment of any claims determined to have merit. 9. Representatives of the Parties. RCTC's Executive Director, or his or her designee, shall serve as RCTC's representative and shall have the authority to act on behalf of RCTC for all purposes under this AGREEMENT. RECIPIENT's representative shall be the individual identified in the Project application as RECIPIENT'S representative to RCTC. RECIPIENT'S representative, or designee, shall have the authority to act on behalf of RECIPIENT for all purposes under this AGREEMENT and shall coordinate all activities with RCTC concerning the SCOPE OF WORK under the RECIPIENT's responsibility. RECIPIENT shall work closely and cooperate fully with RCTC's representative and any other agencies which may have jurisdiction over or an interest in the PROJECT. 10. Monitoring of Progress by RCTC. RECIPIENT shall allow RCTC's designated representative, or designee, to inspect or review the progress of the work at any reasonable time with prior written notice by RCTC. RCTC may request that the RECIPIENT provide RCTC with progress reports concerning the status of the SCOPE OF WORK and PROJECT completion. 11. Binding on Successors in Interest. Each and every provision of this AGREEMENT shall be binding and inure to the benefit of the successors in interest of the Parties. Due to the 5 17336.00005\41471305.2 specific obligations contemplated herein, this AGREEMENT may not be assigned by any Party hereto except with the prior written consent of the other Party. 12. Independent Contractors. Any person or entities retained by RECIPIENT or any contractor shall be retained on an independent contractor basis and shall not be employees of RCTC. Any personnel performing services on the PROJECT shall at all times be under the exclusive direction and control of the RECIPIENT or contractor, whichever is applicable. The RECIPIENT or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the SCOPE OF WORK and as required by law. The RECIPIENT or contractor shall be responsible for all reports and obligations concerning such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 13. Conflicts of Interest. For the term of this AGREEMENT, no member, officer or employee of RECIPIENT or RCTC, during the term of his or her service with RECIPIENT or RCTC, as the case may be, shall have any direct interest in this AGREEMENT, or obtain any present or anticipated material benefit arising therefrom. 14. Termination. This AGREEMENT may be terminated for cause or convenience as further specified below. 14.1 Termination for Convenience. Either RCTC or RECIPIENT may, by written notice to the other party, terminate this AGREEMENT, in whole or in part, for convenience by giving thirty (30) days' written notice to the other party of such termination and specifying the effective date thereof. 14.2 Effect of Termination for Convenience. In the event that RECIPIENT terminates this AGREEMENT for convenience, RECIPIENT shall, within 180 days, repay to RCTC in full all PROGRAM funds provided to RECIPIENT under this AGREEMENT. In the event that RCTC terminates this AGREEMENT for convenience, RCTC shall, within 90 days, distribute to the RECIPIENT PROGRAM funds in an amount equal to the aggregate total of all unpaid invoices which have been received from RECIPIENT regarding the SCOPE OF WORK for the PROJECT at the time of the notice of termination; provided, however, that RCTC shall be entitled to exercise its rights under Section 2.6, including but not limited to conducting a review of the invoices and requesting additional information from RECIPIENT. This AGREEMENT shall terminate upon receipt by the non -terminating party of the amounts due it under this Section 14. 14.3 Termination for Cause. Either RCTC or RECIPIENT may, by written notice to the other party, terminate this AGREEMENT, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other Party of such termination and specifying the effective date thereof. The written notice shall provide a thirty (30) day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured. 14.4 Effect of Termination for Cause. In the event that RECIPIENT terminates this AGREEMENT in response to RCTC's uncured material breach hereof, RCTC shall, within ninety (90) days, distribute to the RECIPIENT PROGRAM funds in an amount equal to the aggregate total of all unpaid invoices which have been received from RECIPIENT regarding the SCOPE OF WORK for the PROJECT at the time of the notice of termination. In the event that 6 17336.00005\41471305.2 RCTC terminates this AGREEMENT in response to the RECIPIENT's uncured material breach hereof, the RECIPIENT shall, within one hundred eighty (180) days, repay to RCTC in full all PROGRAM funds provided to RECIPIENT under this AGREEMENT. Notwithstanding termination of this AGREEMENT by RCTC pursuant to this Section 14.4, RCTC shall be entitled to exercise its rights under Section 2.6, including but not limited to conducting a review of the invoices and requesting additional information. This AGREEMENT shall terminate upon receipt by the terminating Party of the amounts due it under this Section 14.4. 14.5 No Program Funding. In the event that RCTC determines there are inadequate PROGRAM funds for whatever reason, RCTC shall have the right to immediately terminate the AGREEMENT with written notice to RECIPIENT. In the event that RCTC terminates this AGREEMENT under this Section 14.5, RCTC shall, within 90 days, distribute to the RECIPIENT PROGRAM funds in an amount equal to the aggregate total of all unpaid invoices which have been received from RECIPIENT regarding the SCOPE OF WORK for the PROJECT at the time of the notice of termination; provided, however, that RCTC shall be entitled to exercise its rights under Section 2.6, including but not limited to conducting a review of the invoices and requesting additional information from RECIPIENT. 14.6 Cumulative Remedies. The rights and remedies of the Parties provided in this Section 14 are in addition to any other rights and remedies provided by law or under this AGREEMENT. 15. Notice. All notices hereunder shall be in writing and shall be effective upon receipt by the other Party. All notices and communications between the Parties to this AGREEMENT shall be addressed as set forth below and provided by any of the following methods (i) personally delivered; (ii) sent by electronic mail, with a subject line clearly identifying this AGREEMENT, read receipt requested, and a cc: provided to the identified staff, (iii) sent by first-class mail, return receipt requested; or (iv) sent by overnight express delivery service with postage or other charges fully prepaid. Notwithstanding the foregoing, notices of dispute or termination sent by electronic mail must be followed by hard copy mailed notice to be effective. Notwithstanding the foregoing, invoices and requests for changes to the SCOPE OF WORK, shall be submitted through the Rivtrack system as specified in this AGREEMENT. TO RCTC: Anne Mayer Executive Director RCTC 4080 Lemon Street, 3rd Floor Riverside, California 92501 Phone: (951) 787-7141 e-mail: amayer@rctc.org cc: JChan@RCTC.org TO RECIPIENT: Patrick Thomas Director of Public Works/City Engineer City of Temecula 41000 Main Street Temecula, CA 92590 (951) 694-6411 patrick.thomas@temeculaca.gov Any party may update its address and contact information by providing written notice of the new information to the other Parties in accordance with this Section 15. 7 17336.00005\41471305.2 16. Prevailing Wages. RECIPIENT is alerted to the requirements of California Labor Code Sections 1770 et ss ., which require the payment of prevailing wages where the SCOPE OF WORK or any portion thereof is determined to be a "public work," as defined therein. RECIPIENT shall ensure compliance with applicable prevailing wage requirements by any person or entity hired to perform the SCOPE OF WORK or any portion thereof falling within the definition of "public work." RECIPIENT shall defend, indemnify, and hold harmless RCTC, its officers, employees, consultants, and agents from any claim or liability, including without limitation reasonable attorneys' fees, arising from any failure or alleged failure to comply with California Labor Code Sections 1770 et ss . on the PROJECT. 17. Equal Opportunity Employ The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sexual orientation, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 18. Entire Agreement. This AGREEMENT embodies the entire understanding and agreement between the Parties pertaining to the matters described herein and supersedes and cancels all prior oral or written agreements between the Parties with respect to these matters. Each Party acknowledges that no Party, agent or representative of the other Party has made any promise, representation or warranty, express or implied, not expressly contained in this AGREEMENT, that induced the other Party to sign this document. Modifications to this AGREEMENT shall be in the form of a written amendment executed by authorized representatives of the Parties to be bound. 19. Governing Law; Venue and Severability_. This AGREEMENT shall be governed by, and be construed in accordance with, the laws of the State of California. Venue shall be in Riverside County. If any portion of this AGREEMENT is found to be unenforceable by a court of law with appropriate jurisdiction, the remainder of the AGREEMENT shall be severable and survive as binding on the Parties. 20. Attorneys' and Other Fees. If any legal action is initiated for the enforcement/interpretation of this AGREEMENT, or because of any alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this AGREEMENT, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees, witness fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled as determined by a court of law or appointed decider under alternative legal proceedings. 21. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 22. Section Headings and Interpretation. The section headings contained herein are for convenience only and shall not affect in any way the interpretation of any of the provisions contained herein. The AGREEMENT shall not be interpreted as being drafted by any Party or its counsel. 23. No Waiver. Failure of RCTC to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions in this AGREEMENT shall not be deemed a waiver of 8 17336.00005\41471305.2 such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power provided under applicable law. 24. Time of Essence. Time is of the essence for each and every provision of this AGREEMENT. 25. Counterparts. This AGREEMENT may be executed in any number of counterparts, each of which shall be deemed to be an original, but all which together will constitute but one agreement. 26. Form of Signatures. A manually signed copy of this Agreement which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes. This Agreement may be signed using an electronic signature. 27. Survival. All rights and obligations under this AGREEMENT that by their nature are to continue after any expiration or termination of this AGREEMENT shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE] 9 17336.00005\41471305.2 SIGNATURE PAGE TO AGREEMENT NO.24-62-021-00 RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT FOR FUNDING UNDER SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM IN WITNESS WHEREOF, the Parties have caused this AGREEMENT to be signed by their duly authorized representatives as of the Effective Date. RCTC RECIPIENT CITY OF TEMECULA Arne Mayer, Executive Director By: APPROVED AS TO FORM Best, Best & Krieger LLP 47 By: General Counsel to RCTC Name Zak Schwank Title: Mayor ATTEST: By: Name Randi Johl Title: Citv Clerk APPROVED AS TO FORM By: Name: Peter M. Thorson Title: City Attorney 10 17336.00005\41471305.2 ATTACHMENT 1 (RECIPIENT APPLICATION FOR FUNDING) Attachment 1 17336.00005\41471305.2 Questionnaire Tab Email address: julle.terrent@temeculaco.gov Project Name: Pouba Road Sidewalk Improvements Has this Project been previously awarded in a past SB 821 Cycle? 0 No Yes, in 17-18 FY Cycle Yes, in 19-20 FY Cycle Yes, in 21-22 FY Cycle Lead Agency: Temecula Memorandum of Understanding By October 1, 2023, awardees will execute the Project MOU with the Commission. To streamline the process, please provide the name and contact information or the individual who will be the signatory on the MOU. This is typically the City Manager, City Engineer, or Public Works Director. MOU Signatory * Title: * Patrick Thomas Director cf Public Works/City Engineer Email address: * pcitrick.thomos@terneculaca.gov Project Contact Person Provide contact information for Project's contact person. This could be the Public Works Director, the Project Manager, or other City/County Staff. o Project Contact is the same as current user Project Contact Person: * Title: Julie Tarrant Email address: * Phone Number: * juIie.tarrant@tomeculoco.gov (951) 694-6463 Project Overview Project Type (check all that apply) Bicycle Project o Pedestrian Project Multi -use Trail Project Non-Infrastructure/Plan Project Locate in a Disadvantage Community, per SB-535? Yes 0 No Partial Does the proposed project include any of the following (check all that apply)? Q Curb O Gutter Driveway Ramp Project does not include any of the above Is the benefit provided for the exclusive use of bicyclist/pedestrian? 0 Yes No Project Number: 000182 Agency: Temecula Project Type: Pedestrian Project Project Application Tab Project Name: Pauba Road Sidewalk Improvements Status: Submitted To RCTC The proposed project includes design and construction of sidewalk improvements along the south side of Pauba Road, between Elinda Road and Showalter Road. Project construction to include, 2,300 LF of 6-foot-wide sidewalk, five (5) ADA accessible ramps, and construct portions of curb and gutter to complete gap closures, and re -alignment & re -striping of 1,180 LF of Class II bike lane from Ynez Road to La Primavera Street. 426 of 500 Characters Enter the project costs for PA/ED, PS&E, ROW, Construction and Local Match in the fields provided below. The gray fields contain formulas that will calculate the Total Project Cost, SB 821 Request, and the Percentage Splits. 10% Programming Cap: $690,120.20 PA & ED: 0.00 PS&E: 66,500.00 ROW: 0.00 Construction: 651,000.00 Administration: 115,200.00 Total Project 832,700.00 Cost: 20% Programming Cap: $1,380,240.40 Agency Split % Local Match: 470,100.00 56% SB 821 Request: 362,600.00 44% 100% RCTC Split % Local Match: 470,100.00 56% SB 821 Request: 362,600.00 44% 100 % For completed phases, provide supporting documentation such as copies of environmental clearance, title sheet of 100% plans with engineer's stamp, or right of way clearance and attach in section J. start End PA & ED: 06/01/2020 07/01/2023 PS & E: 06/01/2020 07/31/2023 ROW: Construction: 09/O1/2023 01/31/2024 Close out: 02/O1/2024 04/30/2024 Describe the project background and the existing conditions of the larger project area and or project vicinity. Discussion can include background information on current roadway configuration, missing bike and pedestrian facilities, and importance of project to local active transportation users. If possible, upload photographs of existing conditions. Describe the project in its entirety. Include the purpose and need, benefit, and location of the project. Provide a map showing existing and proposed project improvements. If available, upload typical cross -sections showing vehicular lane widths, active transportation facilities width, and any landscaping or lighting features in section J. The City of Temecula is applying for SB-821 FY 2023-2024 grant funding for sidewalk and bike lane improvements to a segment of Pauba Road that spans between Ynez Road and Showalter Road. There are no future development projects in the area that could be conditioned to implement these improvements. The improvements to the bike and pedestrian pathways will increase safety, improve mobility, and increase accessibility to many facilities in the area. Pauba Road is a highly used secondary arterial that runs east to west, connecting four major arterials: Ynez Road, Margarita Road, Meadows Parkway, and Butterfield Stage Road. Pauba Road runs through the center of Temecula and provides critical transportation to residences, schools, parks, recreational facilities, and commercial centers. The proposed improvement project will complete the missing link of sidewalk in the area by constructing sidewalk, ADA accessible ramps, and to re -align and restripe an existing Class II bike lane. (Ref: Exhibit 1 - Project Background & Description Map- Location Map & Photos -Existing & Proposed) This project is a part of the City of Temecula's Multi -use Trails and Bikeways Master Plan (TBMP). The Masterplan was originally introduced in FY2002 and included public participation via surveys, two community workshops, a Hike/Bike event, and several meetings with the City Council Trails/Open Space Ad Hoc Subcommittee. The public input was used to determine the that residents desired walking and biking trails to link non -motorized facilities to a comprehensive network that connects to schools, parks, open spaces, shopping, and employment centers. In FY2015-2016 an update to the Master Plan study was completed, identifying areas with missing sidewalk and bikeways. The proposed Pauba Road Sidewalk Improvement project will complete a missing link of pedestrian access identified by the Multi -use Trails and Bikeway Master Plan. (Ref: Exhibit 2 - Citywide Sidewalk Analysis Master Map) Pauba Road was also a part of the Cities Sidewalk Study. The Sidewalk Study included a Citywide gap analysis, identifying missing links throughout the City and prioritizing construction as funds become available. The sidewalk segments were compiled and ranked based on the benefit to cost ratio. The Pauba Road segment received score of 44 and was ranked 12th in priority on the list of missing sidewalk improvements. The score and rank were result of the relatively low-cost improvements that yield high pedestrian benefits in the access area. In addition to the Pauba Road segment being included in the TBMP and the Sidewalk Study, the segment was also included in Temecula's ADA Transition Plan. The ADA Transition Plan was developed in FY2017/18. The plan included a comprehensive accessibility compliance evaluation of all city facilities including building, parks, and public right of way. Assessments in the ADA Transition Plan were conducted to identify barriers preventing disabled access, including a prioritization of projects to remove such barriers, and estimate costs to complete each improvement. In the ADA Transition Plan, Pauba Road's missing sidewalk link was identified as a'high priority' location, primarily due to no existing pedestrian path of travel and its proximity to various school sites, parks, and public facilities. The ADA improvements for this project will include the construction a 0-2% grade sidewalk and constructing of five ADA accessible ramps at each street crossing between Elinda Road and Showalter Road. The purpose of the proposed sidewalk improvements is to complete the missing link in the pedestrian facilities infrastructure. The Pauba Road segment needs improvements to the bicycle and pedestrian facilities due to the large number of residents in the area that would benefit from accessibility to non -motorized travel. (Ref: Exhibit 3 - FY23-24 Bicycle and Pedestrian Facilities Program - Pauba Road PW19-20), which shows multiple facilities adjacent to project area which residents could safely access upon completion of this project. The sidewalk and bicycle improvements would further encourage active transportation access to recreational facilities, parks, schools, public facilities, and commercial centers. The proposed improvements will complete a safe walking and biking path that will encourage use and enhance connectivity and allow for multi -modal access. Briefly summarize and list all the destinations served by the proposed project. Provide a project vicinity map identifying all the destinations served by the proposed project within a % mile or a 2-mile radius. Destinations are schools or higher education facilities, commercial centers, municipal or any other civic centers, medical facilities, and recreational centers. For pedestrian projects, the destinations need to be within'/ mile radius to be eligible. For bicycle or multi -use trail projects, destinations need to be within a 2-mile radius. Each destination served will receive 2 points each. On the map, provide a % mile buffer or a 2-mile buffer surrounding the project site. Maps without the marked buffer will receive half of its eligible points. The Pauba Road Sidewalk project will create safe pedestrian and bicycle transportation to numerous parks, schools, public facilities, and business centers. Completion of this project will support pedestrian and bicycle access and active transportation to a total of 689 pedestrian destinations within a % mile and Z171 bicycle destinations within a 2-mile radius of the project. Pedestrian and bicycle access destinations are listed below; (Ref: Exhibit 4 - Destinations Served Map & Tables 1 & 2 - Pedestrian / Bicycle Destinations) Describe the extent to which the proposed project will increase safety for the non -motorized public. Additionally, explain any safety enhancement features included in the project scope, such as rectangular rapid flashing beacons, bicycle box (see https://safety.fhwa.dot.gov/provencountermeasures/). Include information about project characteristics such as: no existing shoulder within project limits, no existing/planned sidewalk or bikeway adjacent to the project, etc. Applicants may wish to consider including documented pedestrian/bicycle collision or injury history, most current and valid 85th percentile speed of motorized traffic in project limits, photos of existing safety hazards the project will address, existing pedestrian/bicycle traffic counts, student attendance figures for school served by project. Additionally generate a collision heat map for the project site using collision data from the last ten years. Heat map can be generated using the ATP Maps & Summary interface from TIMS (https://tims.berkeley.edu/) or Crossroads. Upload map in section J. This project will provide safe dedicated routes for active transportation users to travel along Pauba Road and enhance Temecula's transportation network. The existing condition along the southside of Pauba Road between Elinda Road and 190-feet east of Showalter Road does not include a sidewalk. The area is already fully developed with residential housing and there are no future development projects which could be conditioned to implement pedestrian and bicycle improvements. Filling in this sidewalk gap for Pauba Road will enhance the following items of safety: • Class II bike lane striping and signage will increase awareness and visibility for motorist and bicyclist. • Bike lanes will be buffered bike lanes, decreasing the risk for collisions by increasing the distance between cyclists and vehicles. • Dedicated pedestrian and bicycle paths will minimize sharing the road with vehicles and decrease traffic conflicts. • The continuous sidewalk path will minimize the need to cross the secondary arterial to access a dedicated walking path. • Improvements will increase the connectivity of active users to access vital destinations and minimize conflicts with vehicular traffic. There are numerous destinations adjacent to Pauba Road, including many schools. Students in the area attend a variety of schools. The total currently enrolled students within the %-mile and 2-mile radius of the project. (Ref: Table 3 -Student Attendance Figures) Collision History In 2013, there was one pedestrian crash within the project area, which involved serious injuries. The collision location can be seen in the Safety Project Map, showing collision data from 2011-2022. (Ref: Exhibit 5 - Safety Project Map - SWITRS GIS Map) The pedestrian collision was result of a group of individuals walking from the Ronald H. Roberts Temecula Public Library to another destination. At the time of the incident, there was no existing sidewalk in the area, therefore, the individuals were forced to walk along the bike lane. The individuals were unfortunately struck by a vehicle. The TIMS Collision report can be seen in (Ref: Exhibit 6 - TIMS-Crash -Details -CASE ID_ 6019801). Additional crash report details can be seen in the following exhibit. Pedestrian Collison History - Ref: Exhibit 7 -Collision Table Since the collision occurred, there has been sidewalk improvements to Pauba Road to allow for safer pedestrian travel. Completion of this project would fill in the final sidewalk gap without development potential along Pauba Road. Filling in this sidewalk gap will prevent future pedestrian & vehicular collisions from occurring and provide a safe walking space for all accessing the various facilities in the area. The current Engineering and Traffic Survey within the project area can be seen in (Ref: Exhibit 8 - Pauba 85th-approved) The 85th percentile speed of motorized vehicles found within the project area is 46 and 45 miles per hour. There is a high pedestrian volume in the area due to the proximity to various schools, parks, and other facilities. With the higher amounts of pedestrians, there is as also more pedestrian accidents surrounding the project area. (Ref: Exhibit 9 - Photos of Existing Safety Hazards). Additional crash report maps and history can be seen in the two attachments (Ref: Exhibit 10 - TIMS - Transportation Injury Mapping System and Exhibit 11- Collision Summary - Pauba Road-Ynez to Showalter_2018-2023). From these reports, a total of five vehicular collisions occurred between Ynez Road and Showalter Road from 2018- current. In addition, there were 5 crashes involving pedestrians and one crash involving a bicyclist within a half a mile of the project area. In a project vicinity map, identify all the bus routes, Metrolink stations, park -and -ride facilities, bicycle lanes, sidewalks or crosswalks improved by the proposed project within a'/ mile or a 2-mile radius. For pedestrian projects, these amenities need to be within 3/ mile radius to be eligible. For bicycle or multi -use trail projects, amenities need to be within a 2-mile radius. Each amenity will receive 1 point. On the map, provide a % mile buffer or a 2-mile buffer surrounding the project site. Maps without the marked buffer will receive half of its eligible points. Upload map in section J. Below, discuss how the project along with its nearby amenities encourage multi-modalism. Briefly summarize and list all the bus stops, Metrolink Stations, park -and -ride facilities, missing bicycle or sidewalks, or crosswalks enhanced by the proposed project and indicate if the items are existing or planned. The City of Temecula promotes and is a part of the transportation network for RTA bus stops. The project area has 57 RTA bus stops and 53.8 miles of bike lanes within the 2-mile radius of the project. The project improvements will fill in the gaps of sidewalk and provide connectivity to the transit system. The project area also has four park -and -ride facilities within a 2-mile project radius. The City of Temecula Park and Ride, Rancho Community Park and Ride, United Methodist Church Park and Ride, and Orchard Christina Fellowship Park and Ride. (Ref: Exhibit 12 - Multimodal Project Access Map). This exhibit also lists 12 bus stops, one park and ride, and 11.7 miles of bike lanes within 3/4-mile of the project area. The two tables below list the bus stops, park and ride locations, and miles of bike lanes within the 2-mile and %-mile radius of the project. (Ref: Tables 4 & 5: Multimodal Destinations within 2-mile and 3/4 mile radius) 10% Programming Cap: $690,120.20 Agency Local Match: 470,100.00 SB 821 Request: 362,600.00 20% Programming Cap: $1,380,240.40 Split % 56% 44% 100% Agency: Temecula Population Equity Points Match Points 10.00 Match % Points 50% 10 45% 9 40% 8 35% 7 30% 6 25% 5 20% 4 15% 3 10% 2 5% 1 0% 0 5.00 Upload attachments indicated from previous sections. Title Commitment to Local Match & Project Budget Sheet.pdf _Exhibit 1 - Project Background & Desc Map -Location Map & Photos ExistingProposed.pdf _Exhibit 2 - Citywide Sidewalk Analysis Master Map.pdf _Exhibit 3 - FY23-24 Bicycle and Pedestrian Facilities Program - Pauba Road PW19- 20.pdf _Exhibit 4 - Destinations Served Map.pdf _Exhibit 5 - Safety Project Map -SWITRS GIS Map.pdf _Exhibit 6 - TIMS-Crash _ Details CASEID_6019801.pdf _Exhibit 7 - Collision Table.pdf _Exhibit 8 - Pauba 85th_approved.pdf _Exhibit 9 - Photos of Existing Saftey Hazards.pdf _Exhibit 10 - TIMS - Transportation Injury Mapping System.pdf Exhibit 11 - Pauba Road - Collision Summary-Ynez to Showalter_2018-2023.pdf _Exhibit 12 - Multimodal Project Access Map.pdf Project Engineers Estimate.pdf _Table 1 & 2 - Pedestrian -Bicycle Destinations. pdf _Table 3 - Student Attendance Figures.pdf _Table 4 & 5 - Multimodal Destinations.pdf Document Type Commitment to Local Match, Destinations Served Project Map, Multimodal Access Project Map, Project Background & Project Description Map, Project's Engineers Estimate, Safety Project Map Project Background & Project Description Map Project Background & Project Description Map Project Background & Project Description Map Destinations Served Project Map Safety Project Map Safety Project Map Safety Project Map Safety Project Map Safety Project Map Safety Project Map Safety Project Map Multimodal Access Project Map Project's Engineers Estimate Destinations Served Project Map Safety Project Map Multimodal Access Project Map o I certify that the information presented herein is complete and accurate. Name: Julie Tarrant Title: Senior Management Analyst Date:04/27/2023 I}f Harveston L Winche Lake Park Creek F LI Ysabel B NN Elemen nmunity Park 'tt � 01r /ter•/.fir ,a�j Chaparral, - High Schrol James Day Middle School Lona Canvon C Marga 'ommi Par Q 0 Elements School � Sam Hicks O Monument 4 ` Park t` Nlain1iSt iRotary Park �1 Nicolas Valley Elementary School��r/\. ico/as Rd� , Nakayama Parks_ 0 r Riverto Park Elementary Serena St Jeanne-_ De Lestonnac stag a� r Catholic School r r ----Ridge Ridge Parkj �"^ J 1 Rancho Vista High ^pe_ School Continuation N 0 O Y °"tOla Ra•, � a d Crowne Hill � 2 Abby Reinke .✓ � Qi ++ Elementary Pala John % del Sol g Elementary 7 School y Community Magee mNc4� Park School m Crowne f Park Park a`i� Hill Park y 4 Erie Stanley kwy 0 r Gardner Middle Redhawk �-- r'Butterfield School Community. f Stage Park j - Wolf Creek Park e Loma Trail Park Linda Luiseno Kent t Park Hinter ardt P Vail Ranch H� y Elementary 9 L ,�ch- ky yl School Memorial Park/" Vail-Ra Middle k 4 Valle -Rd Sunset Vail Ranch School St 111 WO`f� y Park Pablo Park Temecula. _ Apis Park 'Creek ~ CD Pauba Valley Trail Park r L Q Elementary 1 �`�Wk-Pky1 School Helen Hunt Jackson _ ti Elementary School r--�S Patricia H. 1 Birdsall O Paseo / `\ +' Tony Tobin �- { Sports Park Gallante ' Elementary i_—GreatPark = Morgan School �1 Oak High -\ Hill Park , 0 Vail Elementary � School Ronald Reaggan— Sports Park nfiago- Temecula RI Skate Par Proposed 2023 SB 821 Application Bahia f Vista Park -Rancho !/ California Rd ,ecula Valley ]ult�§� oolO �cula Rancho-V High Vintage cool Hills Elementary School Pauba Rd Temecula Meadows_ Park Middle School �m Alamos Elementary School Bella Vista Middle School Schaal �— Sidewalk Study Projects City Projects Developer Projects Schools Parks Golf Course r 0 d E E v U w o ;:_ G° ° c � K f6 0 0>= C ~ w Z 10 O o d u m 0) o 0 E Y n o IDci a m 'x ��� a in xa U ci 0 m ❑ ■o■■❑ ■ IM ?� o ¢ u \ , � � & s, f� k/2 \ a cr- % ou �� & �4��« t ]$— $ 1 d / � 03 � }ƒ/ $ % o % Icy u e & a ma emUQAallua /\ / ■ �® 1� 0 ¥$ to 0 p8J weq 0% a i » �N ° eo`� « & W# / 0 i OmA¥Rd C-0 a 2 , 2 / 3 k ■ C % a 0 2 M. Loma © $ 9� a ~ ` $ © $ S , m_ § / _ & 0 e > E J san q suz«cke 0 o $ % �� pNAU4 ® !9 e m. / .Z.CL d Ao@ �Rd\ aleRd ƒ* 2 J ƒ & t 2 "gym\� o ��� )k NIC � I` � / e 0� c«®�° o CL tkt, ° » jAX ` Vista 9 e ]f ■ v ke PC ��e Ul c ��$ ���� pQ0 0° e e 0 2023/03/27 TIMS - Transportation Injury Mapping System Berkeley SafeTREC <a class="navbar-brand hidden-xs" href="/">Transportation Crash Information Map View County ty Riverside Map Satellite 1IF4, W1%J City Temecula Date & Time (M/D/Y) 03/11/2013 17:43 - 1<. Location (Intersection) Pauba Rd & Elinda Rd a Frimarara 5t Manuel ❑nega Dist. & Dir. from 145.00 ft East Phalography Yq Ad Qa°band Intersection �apya P eubapd y co"a Verde State Highway No �a as Pa'"ba Geocoded Location 33.4968816,-117.1347933 coil, H lcvn ^ Type of Crash Motor Vehicle Involved With Crash Severity PCF Violation Category 08 - Improper Turning Weather A - Clear Alcohol Involved No Yes Bicycle Accident No No Truck Accident No Pedestrian Accident Motorcycle Accident G - Vehicle/Pedestrian B - Pedestrian 2 - Injury (Severe) Parties: 3 Party Party Type Number 1 11 - Driver (including Hit and 2 3 Run) 2 - Pedestrian N - Pedestrian N - Pedestrian Statewide Vehicle Type Halo wile a W Neyhoud .Iwxe.. u.r dx. em7a 0m k Term. of u.. ftMe a m . Street View A - Passenger Car/Station Wagon 2 - Pedestrian Victims: 4 Party Number 1 1 At Party Movement Preceding Fault Direction Collision Yes West M - Other Unsafe Turning No West B - Proceeding Straight No West B - Proceeding Straight Victim Role Victim Gender Victim Age Victim Degree of Injury 2- Passenger F - Female 6 0 - No Injury 2- Passenger F - Female 4 0 - No Injury https://tims.berkeley.edu/ Party Number Victim Role Victim Gender 2 3 - Pedestrian FF- emale 3 3 - Pedestrian F - Female Victim Age 19 22 Victim Degree of Injury 5 - Suspected Serious Injury 6 - Suspected Minor Injury Pauba Road Sidewalk Collision Table CASE -ID 6019801 ACCIDENT -YEAR 2013 PROC_DATE 02/08/2014 COLLISION DATE _ 1131/20 PRIMARY-RD PAUBA RD SECONDARY-RD ELINDA RD 1DISTANCE 45 DIRECTION E COLLISION -SEVERITY 2 NUMBER -KILLED 0 NUMBER INJURED 2 PRIMARY_COLL_ FACTOR A PCF_VIOL_CATEGORY 8 TYPE -OF -COLLISION G PED_ ACTION E PEDESTRIAN -ACCIDENT Y COUNT_ PED_INJURED 2 City. of Temecula 41000 Main Street • Temecula, California 92590 Phone (951) 694-6411 • temeculaca.gov April 27, 2023 Riverside County Transportation Commission 4080 Lemon Street, 3`d Floor P.O. Box 12008 Riverside, CA 92502-2208 To Whom It May Concern; In support of the City of Temecula's SB821 project application for the Pauba Road Sidewalk Improvements, local match funds are available in the Fiscal Years 2023-2027 Capital Improvement Program. The City of Temecula proposes to provide a local match of $470,100, or 56% of the total project cost, with Measure S Funds. Additional funds will also be programmed in the City's forthcoming Capital Improvement Program for Fiscal Years 2024-2028 and made available in the Sidewalks — Citywide Project Budget to meet the City's obligation to provide $470,100 in local match funding for the design and construction of the Pauba Road Sidewalk Improvement project. (Ref: City Letter & FY2024-2028 — Sidewalks -Citywide Budget Sheet) The City looks forward to working with RCTC and upon approval of SB821 Local Streets and Road award of funds, is committed to completing the Pauba Road Sidewalk Improvement project. The proposed Capital Improvement Program budget for FY2024-2028 is planned to be approved at the City Council's regular scheduled meeting of June 13, 2023. SErick V Po s Director of Public Works/City Engineer 1 T :. ,, SautheM Callrvmra Wine Country SIDEWALKS - CITYWIDE Infrastructure Project Project Description: This project will include the construction of sidewalks at various locations throughout the City. Benefit: This project will provide walking surfaces for pedestrians. Core Value: Transportation Mobility and Connectivity Project Status: A study to identify areas with missing sidewalks and prioritize them was completed as part of the Trails and Bikeways Master Plan Update in Fiscal Year2015-16. Based on the study and the available resources, sidewalks will be constructed in the selected areas considering economy of scale and proximity to private development. Department: Public Works - Account No. 210.265.999.708 / Various Level: I City of Temecula Fiscal Years 2024-28 Capital Improvement Program Project Cost: Prior Years Actuals 2022-23 Adjusted 2023-24 Proposed Budget 2024-25 Projected 2025-26 Projected 2026-27 Projected 2027-28 Projected Total Project Cost Administration 551,869 50,476 94,524 50,000 50,000 50,000 50,000 896,869 Construction 146,315 879,541 320,000 320,000 320,000 320,000 320,000 2,625,856 Construction Engineering 4,412 155,588 60,000 60,000 60,000 60,000 60,000 460,000 Design & Environmental 1 225,808 161,121 120,000 70,000 70,000 70,000 70,000 786,929 Total Expenditures 928,404 1,246,725 594,524 500,000 500,000 500,000 500,000 4,769,653 Source of Funds: General Fund Measure S 375,000 736,533 1,063,596 594,524 500,000 500,000 500,000 500,000 375,000 4,394,653 Total Fu.vdi!ag 1,111,533 1,063,596 594,524 500,000 500,000 500,000 500,000 4,769,653 Future Operating & Maintenance Costs: Total Operating Costs CITY OF TEMECULA E4g ENGINEERING AND TRAFFIC SURVEY STREET Pauba Road FROM Ynez Road SPEED FACTORS Date of Speed Survey Time of Speed Survey 50th Percentile Speed (Mean Speed) 85th Percentile Speed Average Speed 10 mph Pace Speed Percentage of Vehicles in Pace Number of Survey Samples COLLISION HISTORY Number of Years Studied Total Collisions Statewide Average Collision Rate Collisions per Million Vehicle Miles CERTIFICATION DATE 3/29/2022 TO La Primavera Street 3/1/2022 Posted Speed Limit 40 mph 12:52 PM Speed Justification 42 mph HORIZONTAL & VERTICAL CURVES, 46 mph LIMITED VISIBILITY AT 42 mph INTERSECTIONS 37-46 76 Recommended Speed Limit 40 mph 200 3 years 0 1.44 Collisions/MVM 0.00 Collisions/MVM TRAFFIC FACTORS Average Daily Traffic 11,316 Date Counted 3/2/2022 Number of Lanes 3 LANES + BIKE LANES Type of Traffic Control TS @ YNEZ Crosswalks? @ TS Pedestrian Traffic LIGHT Truck Traffic LIGHT On -Street Parking NONE Sidewalks? BOTH SIDES Driveways? NONE ROADWAY FACTORS Length of Segment 0.380 miles Width 64 feet Vertical Curve? YES Horizontal Curve? YES Visibility FAIR Roadway Conditions GOOD Lighting NONE Adjacent Land Use RESIDENTIAL Field Study By NS Checked By NS CERTIFICATION: I, Nicolle Spann, do hereby certify that this Engineering and Traffic Survey within the City of Temecula was performed under my supervision and is accurate and complete. I am duly registered in the State of California as a Professional Engineer (Traffic). 3/29/2022 TE 2933 Nicolle Spann Date State Registration Number CITY OF TEMECULA E5q ENGINEERING AND TRAFFIC SURVEY STREET Pauba Road FROM La Primavera Street CERTIFICATION DATE 3/29/2022 TO Margarita Road SPEED FACTORS Date of Speed Survey 3/1/2022 Posted Speed Limit 45 mph Time of Speed Survey 1:19 PM Speed Justification 50th Percentile Speed (Mean Speed) 40 mph CLOSEST TO 85TH SPEED 85th Percentile Speed 45 mph Average Speed 41 mph 10 mph Pace Speed 36-45 Percentage of Vehicles in Pace 81 Recommended Speed Limit 45 mph Number of Survey Samples 200 COLLISION HISTORY Number of Years Studied 3 years Total Collisions 2 Statewide Average Collision Rate 0.91 Collisions/MVM Collisions per Million Vehicle Miles 0.13 Collisions/MVM TRAFFIC FACTORS Average Daily Traffic Number of Lanes Type of Traffic Control Crosswalks? Pedestrian Traffic Truck Traffic On -Street Parking Sidewalks? Driveways? 13,635 Date Counted 4 LANES + BIKE LANES TS @ FIRE STATION 84, MARGARITA RD @ TS LIGHT LIGHT NORHT SIDE ONLY BOTH SIDES BOTH SIDES 3/2/2022 ROADWAY FACTORS Length of Segment 1.000 miles Width 64 feet Vertical Curve? YES Horizontal Curve? YES Visibility FAIR Roadway Conditions GOOD Lighting BOTH SIDES Adjacent Land Use RESIDENTIAL., FIRE STATION, LIBRARY, VACANT, SCHOOL Field Study By NS Checked By NS CERTIFICATION: I, Nicolle Spann, do hereby certify that this Engineering and Traffic Survey within the City of Temecula was performed under my supervision and is accurate and complete. I am duly registered in the State of California as a Professional Engineer (Traffic). -- 3/29/2022 TE 2933 Nicolle Spann Date State Registration Number CITY OF TEMECULA F 51 ENGINEERING AND TRAFFIC SURVEY STREET Pauba Road CERTIFICATION DATE 3/29/2022 FROM Margarita Road TO Via Rami SPEED FACTORS Date of Speed Survey 3/1/2022 Posted Speed Limit 45 mph Time of Speed Survey 1:51 PM Speed Justification 50th Percentile Speed (Mean Speed) 40 mph CLOSEST TO 85TH SPEED 85th Percentile Speed 44 mph Average Speed 40 mph 10 mph Pace Speed 35-44 Percentage of Vehicles in Pace 76 Recommended Speed Limit 45 mph Number of Survey Samples 200 COLLISION HISTORY Number of Years Studied 3 years Total Collisions 2 Statewide Average Collision Rate 1.60 Collisions/MVM Collisions per Million Vehicle Miles 0.27 Collisions/MVM TRAFFIC FACTORS Average Daily Traffic 11,457 Date Counted 3/2/2022 Number of Lanes 2 LANES + MEDIAN + BIKE LANES Type of Traffic Control TS @ MARGARITA RD. VIA RAMI Crosswalks? @ TS Pedestrian Traffic LIGHT Truck Traffic LIGHT On -Street Parking NONE Sidewalks? SOUTH SIDE ONLY Driveways? NONE ROADWAY FACTORS Length of Segment Width Vertical Curve? Horizontal Curve? Visibility Roadway Conditions Lighting Adjacent Land Use 0.580 miles 46 feet YES YES FAIR GOOD SOUTH SIDE ONLY RESIDENTIAL, SCHOOL Field Study By NS Checked By NS CERTIFICATION: I, Nicolle Spann, do hereby certify that this Engineering and Traffic Survey within the City of Temecula was performed under my supervision and is accurate and complete. I am duly registered in the State of California as a Professional Engineer (Traffic). 3/29/2022 TIE 2933 Nicolle Spann Date State Registration Number CITY OF TEMECULA 52 ENGINEERING AND TRAFFIC SURVEY STREET Pauba Road CERTIFICATION DATE 3/29/2022 FROM Via Rami TO Meadows Parkway SPEED FACTORS Date of Speed Survey 3/1/2022 Posted Speed Limit 50 mph Time of Speed Survey 2:13 PM Speed Justification 50th Percentile Speed (Mean Speed) 42 mph CLOSEST TO 85TH SPEED 85th Percentile Speed 47 mph p Average Speed 42 mph 10 mph Pace Speed 38-47 Percentage of Vehicles in Pace 68 Recommended Speed Limit 45 mph Number of Survey Samples 200 COLLISION HISTORY Number of Years Studied 3 years Total Collisions 1 Statewide Average Collision Rate 1.60 Collisions/MVM Collisions per Million Vehicle Miles 0.14 Collisions/MVM TRAFFIC FACTORS Average Daily Traffic 9,075 Date Counted 3/2/2022 Number of Lanes 2 LANES - TWLTL + BIKE LANE ON SOUTH SIDE Type of Traffic Control TS @ VIA RAMI, MEADOWS PKWY Crosswalks? @ TS Pedestrian Traffic LIGHT Truck Traffic LIGHT On -Street Parking NONE Sidewalks? BOTH SIDES Driveways? NORTH SIDE ONLY ROADWAY FACTORS Length of Segment Width Vertical Curve? Horizontal Curve? Visibility Roadway Conditions Lighting Adjacent Land Use 0.700 miles 40-70 feet NO YES GOOD GOOD SOUTH SIDE ONLY RESIDENTIAL Field Study By NS Checked By NS CERTIFICATION: I, Nicolle Spann, do hereby certify that this Engineering and Traffic Survey within the City of Temecula was performed under my supervision and is accurate and complete. I am duly registered in the State of California as a Professional Engineer (Traffic). 3/29/2022 TE 2933 Nicolle Spann Date State Registration Number CITY OF TEMECULA 53 ENGINEERING AND TRAFFIC SURVEY STREET Pauba Road CERTIFICATION DATE 3/29/2022 FROM Meadows Parkway TO Butterfield Stage Road SPEED FACTORS Date of Speed Survey 3/1/2022 Posted Speed Limit 50 mph Time of Speed Survey 2:39 PM Speed Justification 50th Percentile Speed (Mean Speed) 40 mph CLOSEST TO 85TH SPEED 85th Percentile Speed 44 mph Average Speed 40 mph 10 mph Pace Speed 35-44 Percentage of Vehicles in Pace 80 Recommended Speed Limit 45 mph Number of Survey Samples 200 COLLISION HISTORY Number of Years Studied 3 years Total Collisions 0 Statewide Average Collision Rate 1.60 Collisions/MVM Collisions per Million Vehicle Miles 0.00 Collisions/MVM TRAFFIC FACTORS Average Daily Traffic 8,732 Date Counted 3/2/2022 Number of Lanes 2 LANES + BIKE LANES Type of Traffic Control TS @ MEADOWS PKWY, BUTTERFIELD STAGE RD Crosswalks? @ TS Pedestrian Traffic LIGHT Truck Traffic LIGHT On -Street Parking NONE Sidewalks? BOTH SIDES Driveways? NONE ROADWAY FACTORS Length of Segment 0.390 miles Width 64 feet Vertical Curve? YES Horizontal Curve? YES Visibility FAIR Roadway Conditions GOOD Lighting BOTH SIDES Adjacent Land Use RESIDENTIAL Field Study By NS Checked By NS CERTIFICATION: I, Nicolle Spann, do hereby certify that this Engineering and Traffic Survey within the City of Temecula was performed under my supervision and is accurate and complete. I am duly registered in the State of California as a Professional Engineer (Traffic). G 3/29/2022 TE 2933 Nicolle Spann Date State Registration Number CITY OF TEMECULA ENGINEERING AND TRAFFIC SURVEY STREET Pauba Road FROM Butterfield Stage Road SPEED FACTORS CERTIFICATION DATE 3/29/2022 TO Via Del Monte 54 Date of Speed Survey 3/1/2022 Posted Speed Limit 40 mph Time of Speed Survey 2:59 PM Speed Justification 50th Percentile Speed (Mean Speed) 35 mph CLOSEST TO 85TH SPEED 85th Percentile Speed 39 mph Average Speed 35 mph 10 mph Pace Speed 31-40 Percentage of Vehicles in Pace 89 Recommended Speed Limit 40 mph Number of Survey Samples 200 COLLISION HISTORY Number of Years Studied 3 years Total Collisions 0 Statewide Average Collision Rate 1.60 Collisions/MVM Collisions per Million Vehicle Miles 0.00 Collisions/MVM TRAFFIC FACTORS Average Daily Traffic 3,076 Date Counted Number of Lanes 2 LANES Type of Traffic Control TS @ BUTTERFIELD STAGE RD Crosswalks? @ TS Pedestrian Traffic LIGHT Truck Traffic LIGHT On -Street Parking NORHT SIDE ONLY Sidewalks? SOUTH SIDE ONLY Driveways? BOTH SIDES ROADWAY FACTORS Length of Segment 0.660 miles Width 43 feet Vertical Curve? YES Horizontal Curve? YES Visibility FAIR Roadway Conditions GOOD Lighting SOUTH SIDE Adjacent Land Use RESIDENTIAL 3/2/2022 Field Study By NS Checked By NS CERTIFICATION: I, Nicolle Spann, do hereby certify that this Engineering and Traffic Survey within the City of Temecula was performed under my supervision and is accurate and complete. I am duly registered in the State of California as a Professional Engineer (Traffic). � — 3/29/2022 TE 2933 Nicolle Spann Date State Registration Number PHOTOS OF EXISTING SAFTEY HAZARDS BIKE LANE BETWEEN TWO LANES OF TRAVEL r dg��� www9grMt, " iolw7" "' I 'WqPAUBA RD BETWEEN YNEZ RD AND ELINDA RD -. Tr- kPfAUBA RD BETWEEN ELINDA RD AND LA PRIMAVERA ST 57 Safe Routes to School Crash Map Viewer Interactive map and data summaries of bicycle and/or pedestrian crashes around school. Types of Crashes: ',*** Bicycle '00' Pedestrian Crash Severity: Fatal Severe Injury , Other Visible Injury Complaint of Pain Years: 2011 - 2022 (2021 - 2022 data is provisional and subject to change.) User Entered Address La Primavera St, Temecula, CA 92592, USA ai 4 t n " Mtn n Target 9 ` 88 Ranch Marketplace Af.pl �emla Town Center Laundromat- Last... fuge Bre6ery AMC Tern Hampton Inn $ _ Suites Temecula a Oscar's Brewing I Embassy Suites by Hilton Temecula.,. Win 'afe & Bakery'pQ Company Suites Temecula �� ClubZ! In -Horne 9 Tutoring of Temecula lm Ski 8 Old Town Spice tard Expo $ Tea Merchants The Gambling Cowboy Temecula �c Gon gle YPortolino un*% aa4g c Wry VJlky Or Temeku Hills Golfe o 9lnfant Aquatic Rsn�h° �tdwx4e Rd And Country Club T g Vrieling Woodworks 9Temecula Ridge No, s. s 9Morning Ridge n �p Apanment Homes k Apartments �S a '1w Calle Aragon Park 9 ►�`"'yr Temecula Valley,. cP Unified School District TemeculaVal Iey� High School Linfield Chhri duo - 19 u�rw�v Pump Track Temecula gloom.vrs,,,ntll�'l� by Velosolutions I Elementar f ` St Catherine of Alexandria Chuich r r o Van Avery Prep l Campini s deli ��ll�� Shooters Sports Bar p'i & Grill Temecula T\ 1 ? ---- Y fia ns GAile Grill Paloma deli ary 'Sal Rec 1 �3 Diaries 0 Cresta Gift Pd Lglita Ra tafi 3 � a �o- Rooted Traditions 14 Z Industries t Allen handy man temecula Jacob's House9 0r 9GSI Sand & Gravel v� data ©2023 Google Report a map error Summary Statistics Radius Fatal Severe Injury Visible Injury <Y4 mi. 0 1 0 -%mi. 0 0 2 Total 0 1 2 Crash List Complaint of Pain Pedestrian Bicycle Total 1 2 0 2 2 3 1 4 3 5 1 6 M N N O O O O O ILO r O O a+ •— 3 f0 3 -O O 'co 3 n3 -O 12 3 -O (y ) d LL a) — d LL aJ J — LL a) — d LL a) — ra LL aJ — O O co IL ax > Tax p p C C C O C C U U L L z U L L m m m m Q, v 0) v >, w Q U Q U U Q Q Q Q U E Q v v v v v v O v C f0 C N C N C (0 p0 aJ N J C f0 C N C N C N C N aJ c a bn D 'o Z) Z a N Z Z) v a a°o � a°o � e°,o � e°,o = c °on o c c c o c v c a) L o c c c c 3 L c C: O i c o o f O o= O O •� m C: O c O c O c O T C: 0A .T m O z .w .2 Z z ,� z '�' z .0 z .0 z .0 z .0 z i O Q m a) >.ro a) a) T Q a) ra a) L Q (o a) (o a) (o a) (o a) Ln a) Q m -O l6 C C N c m N c c m C N C N C 3 O a) + o U O 0 t O O 0 t t o U a) O~ O D c t .�' t o Ut O O O O o t t t a v d -p U d a d d -° v d v d v d v d V aJ *' N () a) *' a) a) a) aJ *' co N d a) aJ *' a) v v v v v v v N O en U nn U ro U n U U W U ao U W U ao U en z L o a N O Z v >_ L o Z = v L o Z a a a a o Z v ° m N ° = ton (n +� a = ° Y C +� a N (7 N ° .. toil toil toil toil N co -6 Q Z 3 'n z 3 N W Z 3 to V, Z 7 Ln Ln 'n in W 3 CC D E Of w Ln � cc > > CC > > > > E Of o co o O 02 z o co V) O 06 '^ 'n 'n LnO otS +, +1 v +1 N +, +� a) a) +- 4� v v v a) 4� of LU Q Q L O Z= [C L L L LL L C L L C L a) uOC W W a) a) a) a) 00 H O H •�CL O 0 Q O N O N m 0 M° N° Q° U° Q O 0 O Q O p p N O N 3 ' M N (n Z Q M N N z Z d W 0 M N N In Q Q M (n (n (n (n Q Q Q Q iLr)�-I M c `1 Na N m N N N c (!j J N N J J J J J J V Q W U E E L Q o U 0 Q z a 0 Z E J C O a) Z c OC C O a) W a) c c a) a) C Z c (n c C v a) (n a) } a) (n (n Cl)� U) v > (0 2 m m U to W to v M (0 a (0 Z (0 m v Z Cl cl N Q^ Q Q Q ^ Q to Q Q. Q u ^ Q Ln Q^ Q a) Q Q Q Q Q u � c O L O Q i i O Q O Q O 1 O Q O Q c a) O O O O O Q O Q O Q O Q c a) O O° O_ N a) N v N a) N v N a) 3 N v N v N O N a) H 3 N •� C C C C c w C C C C N '} O O o 0 0 0 O O O O Q c s L > a) N 00 L p a) a) Ln `-:T i p o p a) N O` er` p o p a) c ::I' i Ln i 0 i N i> � p p M p p Q O N i M p (n v U cr (n ai u ai u or (n ai u ai u Z v u v u v u v u 5 ai u A 1.V ho m Q LL < OA m OA m Q LL Q LL m Q) OA m w l6 Q LL Q LL h0 m hp m hp m hp m Q LL Q LL Q LL Q LL CL to m Q LL CO m U a) O a m U U O O a m CO U U O a) O a U U U U O O O O a U O Q d v) m o CL v) J J Q N Q v) G_ v) a) v) m v) d .L Q o 0 0 0 ' .� Q v) E Q g a g a —cc Q E Q- Q Q Q Q o Q OC LL or U- LL ofG LL OC cc G cc cc K U LL 3 G 3 G 3 Q G V N N v N N a) w w m c W z W U W Z U W z U a) C C c 3 aJ 3 z a) v v L L L< v v v > > > c a a a c O O O a) > > > u a) ca N d0 n O O L tw ° L 'O O O O N L O c p Q O to c °° c z c z c z co °° W 6 CO 0 a) 00 n3 00 a) m m Q m 3 � Jcn +:3 X Q O Z 2 +� +:3 z O Z 2 2 (n r_ t 2 O a z N 2 H +� N aC aC 2 Co p 2 ca p 2 co p 2 (n x 2 Q LL T T c T "a O T T n O T c T c T c T LL O T bA Q) � ha a) a) NLn N�a)Ln N aN aN aNO N CIO O00 M M O14 pLA L L N a aL Q Q QN a) L a) U) CO 0 CO O cl o 0 o n ei u 3-- o O o en (n n N u 0 0 O 0 O 0 O N N N N uN oC (n o ,N 00 N 00 00 00 o u v o > > c O O c c p O O O O u a) (� Q C (° \ w z° z° \ \ O W O o 0 0 �+ M LO Z en'' M N I r\- v to N n +' 00 O >- O = O [C rI O O 2 NC C C O O O L. `- L L L L L L L L L L r y C N = .N v > ^ a) a) > > a) a) > > N a) a) a) a) > > > > a) > �CIO_ O O O („ I L �„' L L �„ I L L NLLLL O U Q m W v M ei 1N v v ei N O 000 ei N W v v v v uoi ei N � M � � 00 v .1 > >Q. >Q, >Q, >> >Q, > >Q, L O 00 00 L L ei 4s" 00 L aj L a) ri L aj L 0) N L L L Q) L L L m LL H = LL d LLI H a>H aa> as>H aa> as>H m>m>m>m>H aa> � 3 k / / Pauba Road Sidewalk Improvements - Project Cost Estimate Item Item No. Description Total Amount 1 Clearing and Grubbing $ 32,000.00 2 Engineering / Construction Surveying $ 9,500.00 3 Traffic Control $ 10,000.00 4 National Pollution Discharge Elimination System NPDES Com liance $ 4,000.00 5 jUnclassified Excavation $ 10,800.00 6 Sawcut Pavement $ 2,955.00 7 Bike Lane + Buffer $ 40,175.00 8 Construct Type A-6 Curb and Gutter $ 15,400.00 9 Adjust Existing Valve to Grade $ 300.00 10 Construct 6 inch Concrete Paving $ 1,757.00 11 Concrete P.C.C. Sidewalk $ 125,200.00 12 Construct ADA Access Ramps with Truncated Domes $ 7,500.00 13 Construct 2-feet wide concrete V-Ditch $ 5,632.00 14 Construct Retaining Wall $ 172,300.00 15 Remove & Replace Curb & Gutter $ 7,500.00 16 Remove and Replace Cross Gutter $ 7,500.00 17 Remove and Replace Spandrel $ 15,000.00 18 Remove and Relocate Street Light $ 14,000.00 19 Install 12" x 12' grated Inlet $ 8,500.00 20 Install 8" PVC Storm Drain $ 9,480.00 21 Under Sidewalk Drain $ 1,000.00 22 Traffic Striping, Signage and Pavement Markings $ 10,000.00 23 lInstall 2-Inch PVC Conduit $ 4,000.00 24 Install Street Light Pull Box $ 2,300.00 25 Remove and Dispose of Tree and Stump $ 5,600.00 26 Adjust Existing Facilities to Grade $ 300.00 27 Remove and Replace Landscape $ 4,500.00 28 Remove and Replace Irrigation $ 2,000.00 29 Remove and Relocate Existing Sign $ 500.00 30 Install SCE Pedestal for Meter $ 2,000.00 31 Soils Engineer- Material Sampling and Testing $ 20,000.00 Sub- Total: $ 551,699.00 Mobilization - 3% $ 16,550.97 Contingency- 15% $ 82,754.85 Total Cost Estimate: $ 651,004.82 Administration $ 115,200.00 PA & ED and PS & E $ 66,500.00 832,704.82 PAGE 1 OF 1 Pedestrian Destinations Served within 3/4-mile Bike lanes 111.7 miles Businesses 656 Businesses Churches 9 Churches Library Ronald H. Roberts Temecula Public Library Riverside County Law Library -Temecula Branch Pennypickle's Workshop Museums Temecula Valley Museum Ronald Reagan Sports Park Rotary Park Sam Hicks Monument Park Parks Temecula Duck Pond Temecula Skate Park Town Square Park Civic Center Conference Center Fire Station 84 WN Public Facilities Post Office Temecula Civic Center United States Postal Service Community Recreation Center Recreation Facilities Mary Phillips Senior Center Old Town Community Theater Linfield Christian School Springs Charter School (Temecula) Schools Temecula Valley High School Vail Elementary School Van Avery Prep Bicycle Destinations Served within 2-miles Bike lanes 53.8 miles Businesses 2,775 Businesses Churches 70"WCSUSM Colleges 31 Churches at Temecula HIFE College Planning High Desert Medical College MSJC Temecula Valley Campus University of Redlan Medical Facilities Temecula Valley Hospital Rr Parks Soar Playground and Splash Pad [Eagle iendship Park hn Magee Park Long Canyon Park Meadows Park Michael Naggar Community Park Paloma Del Sol Park Redhawk Community Park Veteran's Par Public Facilities DMV Recreation Facilties Margarita Recreation Center Schools Elite Academic Academy - Lucerne Elite Academic Academy - Mountain Empire Empire Springs Charter School Erie Stanley Gardner Middle Joan F Sparkman Alternative School Julian Charter School Margarita Middle School Paloma Elementary School Rancho Christian School Rancho Vista High School Susan H. Nelson Temecula Elementary School Temecula Middle School Temecula Valley Adult School Vintage Hills Elementary School Destinations Schools Served by Project Student Served Enrollment Figure 3/4-mile 2-mile Elite Academic Academy - Lucerne 598 X Elite Academic Academy - Mountain Empire 675 X Empire Springs Charter School 1,430 X Erie Stanley Gardner Middle Julian Charter School X 816 X Linfield Christian School 1,194 X Margarita Middle School 779 X Paloma Elementary School 496 X Rancho Christian School 1,081 X Rancho Vista High School 202 X Springs Charter School (Temecula) 6,444 X Susan H. Nelsc 338 X Temecula Elementary School 528 X Temecula Middle Schools974 Temecula Valley High School Temecula Valley Adult School Vail Elementary School X 2,925 X X 483 X Van Avery Prep 465 X Vintage Hills Elementary School 518 X Total Students 20,988 Multimodal Destinations Served within 2-miles (Excluding 3/4-mile destinations) Bike lanes 42.1 miles Bus Stops Front 28360 ( US Post Office) ID2502 Front 28964 at Quaid Harley Davidson ID2585 Front 28991 Opp Harley Davidson ID2621 Front FS Rancho California ID2563 Hwy 79 FS Bedford ID2622 Hwy 79 FS La Paz ID2584 Hwy 79 FS La Paz ID4004 Hwy 79 FS Wabash ID2623 Jefferson FS Calle Cortez ID2554 Jefferson FS Del Rio ID2459 Jefferson FS Del Rio ID2555 Jefferson FS Overland ID2552 Jefferson FS Via Montezuma ID2553 Jefferson NS Overland ID3303 Jefferson OPP 27999 ID2460 Margarita 41955 at Tuscany Ridge Apts ID2610 Margarita FS Avenida Barca ID2611 Margarita FS Avenida Barca ID2599 Margarita FS La Serena ID2S98 Margarita FS La Serena ID2612 Margarita FS Moraga ID2609 Margarita FS Rancho California ID2597 Margarita FS Solana ID2607 Margarita FS Solana Ridge ID4760 Margarita FS Stonewood I62 Margarita FS Stonewood ID2608 Margarita OPP Tuscany Ridge ID2600 Moreno FS Front ID2564 Nicole NS Margarita ID4761 Overland FS Ynez ID3613 Pechanga Parkway FS Muirfield ID2625 Pechanga Parkway FS Rainbow Canyon ID2624 Pechanga Pkwy NS Muirfield ID2582 Rancho California 29676 NS Target Drive Way ID2616 Rancho California FS Humber ID2614 Rancho California FS Humber ID2589 Rancho California FS Lyndie ID2588 Rancho California FS Margarita ID2613 Rancho California FS Town Center ID2617 Rancho California FS Ynez ID2587 Rancho California NS Lyndie ID2615 Redhawk Parkway NS Wolf Store Rd ID2632 Redhawk Pkwy NS Via Rio Temecula ID2571 Temecula Pkwy FS County Glen Way ID2634 Ynez FS Overland ID3404 Park and Ride City of Temecula Park and Ride Orchard Christian Fellowship Park and Ride Rancho Community Park and Ride Multimodal Destinations Served within 3/4-miles Bike lanes 1 11.7 miles First FS Front ID3S83 Front 28860 at Campini's Deli ID2586 Front 28897 Opp Campini's Deli ID2620 Front FS First ID2619 Main FS Mercedes (City Hall) ID3401 Bus Stops Main FS Pujol ID2458 Main NS Mercedes (City Hall) ID303 Main NS Pujol ID2557 Pujol FS First ID3402 Pujol NS First ID2556 Pujol NS Main (Temecula Villa Apt.) ID24S7 Park and Ride United Methodist Church Park and Ride ruE crrr or TEMECULA. FY23/24 SB 821 Bicycle and Pedestrian Facilities Program - Pauba Road .yi:ntinyl'�iiH:d = - • •y �_ � __ x YY�- __J� �� - -- �� ��' `�► 1 t TEMECULR',VI'LL4GE - r .� ' - ~x�-•' - - �. yk, Past ■h-•n+rL� - I it _r,,v '_ �S.li t<,. rail l:`:•- 74I1p t Gn LAl Vail Elementary School _ •�: �"�� I_, 1 I:�rn'rrnri'it e i F� locate/Re-stripe rw Install approximately r communiy` proximately 1180LF of 230OLF of 6-foot-wide �W JHecreation Center Dot -wide Class II Bike concrete sidewalk. ne. unity utheram Church and Preschool - �'b'• - r T r ; Ronald H. Roberts I emecula Public L _ �n.•r a V r _ E i N la i Tie into existing 1,504.7 0 752.33 1,504.7 Feet This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that annear nn this man may or may not be —urah, aurenL or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION f� .r _ United Methodist 7 - Church Park & Ride f- F y x' Ronald Reagan Sports Park Temecula Skate Park I Riverside II County Fire f Station 84 Hall of Jehova's Temecula Valley Linfield High IChns[lan School School W GS_1984_W eb_Mercator_Auxiliary_Sphere Q Latitude Geographic, Group Ltd, Legend i._; City of Temecula Boundary ❑ Parcels Street Names Highways . HWY . INTERCHANGE . INTERSTATE OFFRAMF ONRAMF . USHWY Park Outlines School Outlines Hospitals Q Park and Ride ❑ commercial Centers Creeks ❑ Cities Streets 'Null, PAVED — PROPOSED UNPAVED Public Facilities Parks Schools 1: 9,028 EXISTING AND PROPOSED IMPROVEMENTS PROPOSED BIKE LANE (YNEZ ROAD TO LA PRIMAVERA ST) RELOCATING BIKELANE FROM YNEZ RD TO ELINDA RD EXISTING BIKE LANE (YNEZ RD TO ELINDA RD): . CLASS II BIKE LANE IN CENTER OF ROAD. PAUBA ROAD FROM YNEZ ROAD TO ELINDA ROAD r �- CLASS II BIKELANE PAUBA ROAD FROM ELINDA RD LA PRIMAVERA ST x 6hLa 2 '� ? . PAUBA ROAD FROM LA PRIMAVERA ST TO SHOWALTER RD ATTACHMENT 2 (PROGRAM POLICIES) RIVERSIDE COUNTY TRANSPORTATION COMMISSION TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM ADOPTED POLICIES Transportation Development Act Policies 1. Up to 5% of Article 3 apportionment can be used to supplement other funding sources used for bicycle and safety education programs; the allocation cannot be used to fully fund the salary of a person working on these programs. 2. Article 3 money shall be allocated for the construction, including related engineering expenses, of the facilities, or for bicycle safety education programs. 3. Money may be allocated for the maintenance of bicycling trails, which are closed to motorized traffic. 4. Facilities provided for the use of bicycles may include projects that serve the needs of commuting bicyclists, including, but not limited to, new trails serving major transportation corridors, secure bicycle parking at employment centers, park and ride lots, and transit terminals where other funds are available. 5. Within 30 days after receiving a request for a review from any city or county, the transportation -planning agency shall review its allocations. 6. Up to 20 percent of the amount available each year to a city or county may be allocated to restripe Class II bicycle lanes. 7. A portion of each city's allocation may also be used to develop comprehensive bicycle and pedestrian plans. Plans must emphasize bike/pedestrian facilities that support utilitarian bike/pedestrian travel rather than solely recreational activities; a maximum of one entire allocation per five years may be used for plan development. 8. Allowable maintenance activities for the local funds are limited to maintenance and repairs of Class I off-street bicycle facilities only. RCTC Policies 1. The SB 821 Call for Projects will occur on a biennial basis, with a release date of the first Monday of every other February and a close date of the last Thursday of every other April, beginning in 2015. 2. If a project cannot be fully funded, RCTC may recommend partial funding for award. To handle tiebreakers, RCTC will use, in terms of priority, the safety question first then construction readiness. 3. Agencies awarded funds will not be reimbursed for any project cost overruns. 4. Agencies being awarded an allocation will be reimbursed in arrears only upon submitting adequate proof of satisfactory project completion. Claims need to Attachment 2 17336.00005\41471305.2 include: the claim form, copies of paid invoices, a copy of the Notice of Completion (NOC), and photographs of the completed project. 5. The allocated amount represents the maximum amount eligible for reimbursement. For projects completed under the allocated amount, the agency will be reimbursed at the matching ratio as presented in the application. 6. An agency will have thirty-six (36) months from the time of the allocation to complete the project. There will be no time extensions granted unless the reason for the delay can be demonstrated. Where substantial progress or a compelling reason for delay can be shown, the agency may be granted administrative extensions in twelve-month increments at the discretion of the Executive Director. 7. Any programmed and unused Article 3 Program funds will be forfeited unless that agency can a) utilize the unused funds to complete projects that are the same or similar in scope and/or are contiguous to the approved project or b) apply the funds to a project previously submitted under an Article 3 call for projects and approved by the Commission, subject to Executive Director approval. 8. Design and construction of facilities must conform to the general design criteria for non -motorized facilities as outlined in the Caltrans Highway Design Manual. 9. Temporary facilities, projects in the bid process, or projects that are under construction will not be funded. 10. The SB 821 evaluation committee will be comprised of a minimum of five evaluators representing a wide range of interests; such as: accessibility, bicycling, Coachella Valley, public transit, and the region. Staff, consultants, and other representatives from agencies submitting project proposals will not be eligible to participate on the evaluation committee that year. 11. Following each call, staff will monitor the equity of allocations to Coachella Valley versus Western Riverside County; the allocation should be relative to what the Coachella Valley's share would have been if distributed on a per capita basis (the percentage of funds applied for should also be taken into consideration). If the allocation is often found to be inequitable to the Coachella Valley, staff will recommend adoption of a new policy to correct the imbalance. 12. Certain costs at times associated with bicycle/pedestrian projects are not eligible when the benefit provided is not the exclusive use of bicyclists/pedestrians, such as: curb and gutter as part of roadway drainage system, driveway ramps installed across sidewalks, and where roadway design standards require a roadway shoulder width that is at least as wide as a standard bike lane. 13. For each Call for Projects, a city is eligible to submit up to three (3) applications, and the County of Riverside is eligible to submit up to two (2) applications per Supervisorial District. 14. Each application is limited to a maximum request of 10% of the current Call for Projects programming capacity. 15. Total award to one jurisdiction is limited to 20% of current Call for Project's programming capacity. 16. Awarded agencies can commence reimbursable project activities on July 1 of the Call Attachment 2 17336.00005\41471305.2 for Project fiscal year cycle. E.g.: for FY 23/24 Call for Projects, reimbursable work starts on July 1, 2023. 17. Awarded agencies have until October 1 of the Call for Project fiscal year cycle to execute the Memorandum of Understanding (MOU) with RCTC. E.g.: for FY 23/24 Call for Projects, MOUs must be executed by October 1, 2023 Attachment 2 17336.00005\41471305.2 Item No. 10 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: September 12, 2023 SUBJECT: Approve Plans and Specifications and Authorize Solicitation of Construction Bids for Sidewalks - Old Town Improvements - Additional Streetlights on Moreno Road and Mercedes Street, PW22-17 PREPARED BY: Amer Attar, Engineering Manager Emalee Sena, Engineering Technician 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 Sidewalks - Old Town Improvements - additional streetlights on Moreno Road and Mercedes Street (East of Old Town Front Street), PW22-17; and 2. Make a finding that this project is exempt from the California Environmental Quality Act (CEQA) per Article 19, Categorical Exemption, Section 15 30 1, Existing Facilities, of the CEQA Guidelines. BACKGROUND: The Sidewalks — Old Town Improvements is an infrastructure project that constructs sidewalks and related improvements in areas of need throughout Old Town. The Department of Public Works has identified that the south side of Moreno Road and Mercedes Street, east of Old Town Front Street, from Old Town Front Street to Sixth Street Parking Lot is in need of street lighting. Sidewalks - Old Town Improvements - Additional Streetlights on Moreno Road and Mercedes Street (East of Old Town Front Street) Project will remove and replace three (3) existing substandard streetlights with eight (8) new Old Town style decorative streetlights along and behind the existing sidewalk. The project improvements are designed in accordance with the Old Town Specific Plan. Project 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 office of the Director of Public Works. The Engineer's Construction Estimate for the Project is $149,960 with a construction duration of approximately Forty -Five (45) working days. The project is exempt from the CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Section 15301 states that the repair and maintenance of existing highways and streets are Class 1 activities which is exempt from CEQA. FISCAL IMPACT: This Sidewalks - Old Town Improvements project is in the City's Capital Improvements Program (CIP) Fiscal Years 2024-28 and is funded with a Community Reinvestment Program Grant and Measure S. Adequate funds are available in the project account to cover the estimated construction costs of the project. ATTACHMENTS: 1. Project Description 2. Project Location Map City of Temecula Fiscal Years 2024-28 Capital Improvement Program SIDEWALKS - OLD TOWN IMPROVEMENTS Infrastructure Project Project Description: This project involves adding and improving sidewalks in Old Town. The improvement areas include the south side of Sixth Street from Old Town Front Street to Mercedes Street, including adding sidewalks, rolled curb and gutter, paving, streetlights, and trees in accordance with the Old Town Specific Plan (PW22-16). Additional sidewalk improvements include the north side of Fourth Street between Old Town Front Street and Mercedes Street (PW23-03) and installing eight additional Old Town decorative streetlights on Moreno Road and Mercedes Street (PW22-17). Completed segments under this project include: > North side of Fifth Street (Old Town Front Street to Mercedes Street) > North side of Fifth Street (Old Town Front Street to Havana Kitchen) > South side of Fifth Street (Mercedes Street to Old Town Front Street) > East side of Mercedes Street (Fourth Street to Sam Hick Park) > Old Town Front Street (South Moreno Road to North Moreno Road) The City will continue evaluate locations to improve sidewalk in Old Town Temecula. Benefit: Adding sidewalk and other improvements in Old Town promotes a Healthy and Livable City and Transportation Mobility and Connectivity. Core Value: Transportation Mobility and Connectivity Project Status: PW22-16 and PW22-17 are expected to be completed in 2024. PW23-03 is expected to be complete in 2025. Department: Public Works - Account No. 210.265.999.5800.PWOT-03 / 766 Level: I Project Cost: Prior Years Actuals 2022-23 Adjusted 2023-24 Adopted Budget 2024-25 2025-26 Projected Projected 2026-27 2027-28 Projected Projected Total Project Cost 5801-Administration 346,761 30,023 88,216 99,095 564,095 5804-Construction 1,133,732 374,156 122,688 222,802 1,853,379 5805-Construction Engineering 37,179 16,572 22,039 29,922 105,711 5802-Design & Environmental 90,981 65,022 53,541 209,544 Total Expenditures 1,608,653 485,773 286,484 351,819 - 2,732,729 Source of Funds: 4140-CDBG 849,426 849,426 4110-Community Reinvestment 100,000 100,000 Program 4170-Measure A 140,000 140,000 4002-Measure S 960,000 145,000 186,484 351,819 1,643,303 Total Funding 1,949,426 145,000 286,484 351,819 2,732,729 Future Operating & Maintenance Costs: Total Operating Costs 151 T�t��rF Sidewalks - Old Town Improvements - Additional Streetlights on Moreno Road and Mercedes Street TEMECUT,A u�-N-�.►�� (East of Old Town Front Street), PW22-17 Remove existing streetlights after construction of proposed streetlights r 4 J 3 t 14 •r 5 6. R Proposed Street Light Locations L f 7-' y A.M4 f 'f l el.. 0 47.02 94.0 Feet i iap is a user generated static output from an Internet mapping site and is for reference only. Data layers that WGS 1984 Web Mercator_Auxiliary_: r on this man may or may not he accurate_ rurrent_ or otherwise reliahle_ — — — v1AP IS NOT TO BE USED FOR NAVIGATION © Latitude Geographics Gro, Legend C, City of Temecula Boundary ❑ Parcels Street Names Highways ■ HWY INTERCHANGE ' INTERSTATE OFFRAMP ONRAMP USHWY Hospitals Creeks ❑ Cities Streets < UII> PAVED PROPOSED UNPAVED Public Facilities Parks Schools 1: 564 Item No. 11 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: September 12, 2023 SUBJECT: Approve Plans and Specifications and Authorize Solicitation of Construction Bids for Park Restrooms Renovations, Expansion and Americans with Disabilities Act Improvements, PW 17-06 PREPARED BY: Nino Abad, Senior Civil Engineer Laura Bragg, 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 Park Restrooms Renovations, Expansion and Americans with Disabilities Act Improvements, PW 17-06; and 2. Make a finding that this project is exempt from California Environmental Quality Act (CEQA) pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. BACKGROUND: The Park Restrooms Renovations, Expansion and Americans with Disabilities Act (ADA) Improvements, PW17-06, will consist of interior tenant improvements of an existing park concession room and storage room within a restroom building at the North/South Baseball Fields at the Ronald Reagan Sports Park. Improvements to include new pass-thru windows, American with Disability Act (ADA) compliant cabinetry and replacement of concession room plumbing and electrical. Restroom improvements are not a part of this project with the exception of the addition of hot water to the two restroom sinks. ADA path of travel to and into the concession room will also be improved to make it compliant. Project 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 office of the Director of Public Works. The Engineer's Construction Cost Estimate for the project is $250,000 with an estimated construction duration of 60 working days (approximately 3 months). This project is exempt from the CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. FISCAL IMPACT: The Park Restrooms Renovations, Expansion and ADA Improvements, PW 17-06, is identified in the City's Capital Improvement Program, Fiscal Years 2024-28, and is funded with Measure S. Adequate funds are available in the project account to construct the project. ATTACHMENTS: 1. Project Description 2. Project Location Map Alk c7" The Heart of Southern California Wine Country City of Temecula Fiscal Years 2024-28 Capital Improvement Program PARK RESTROOMS RENOVATIONS, EXPANSION AND AMERICANS WITH DISABILITIES ACT (ADA) IMPROVEMENTS Parks/Recreation Project Project Description: This project provides for the design and construction of the renovation, expansion and Americans with Disabilities Act (ADA) improvements of existing restroom facilities. The restroom expansion includes renovating concession and bringing restroom facilities to meet current ADA accessibility compliance standards. Benefit: This project provides additional restrooms for park patrons and brings facility to accessibility compliance. Core Value: Healthy and Livable City Project Status: Project is ongoing Department: Public Works - Account No. 210.290.999.155 / Various Level: I Project Cost: Prior Years Actuals 2023-24 2022-23 Proposed 2024-25 2025-26 2026-27 2027-28 Adjusted Budget Projected Projected Projected Projected Total Project Cost Administration 95,747 151,253 75,000 322,000 Construction 105,251 677,548 1,650,000 2,432,800 Construction Engineering 150,000 100,000 250,000 Design & Environmental 8,476 126,524 100,000 235,000 Information Technology 30,000 30,000 Total Expenditures 209,474 1,135,325 1,925,000 3,269,800 Source of Funds: Measure S 347,800 997,000 1,925,000 3,269,800 Total Funding 1 347,800 997,000 1,925,000 3,269,800 Future Operating & Maintenance Costs: Total Operating Costs 26,530 27,061 27,602 28,154 28,717 Notes 1. Operating & Maintenance costs reflect the increased janitorial costs associated with the addition of new park restroom facilities. Item No. 12 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: September 12, 2023 SUBJECT: Approve Plans and Specifications and Authorize Solicitation of Construction Bids for Americans with Disabilities Act Transition Plan Implementation Improvements at Ronald Reagan Sports Park, PW 18-16 PREPARED BY: Nino Abad, Senior Civil Engineer Laura Bragg, 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 Americans with Disabilities Act Transition Plan Implementation Improvements at Ronald Reagan Sports Park, PW18-16; and 2. Make a finding that this project is exempt from California Environmental Quality Act (CEQA) pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. BACKGROUND: As part of the Capital Improvements Program and Budget for Fiscal Year 2020-24, the City Council approved appropriations to support an Americans with Disabilities Act (ADA) Transition Plan Implementation Program. The project would implement the recommended improvements identified in the previously completed Americans with Disabilities (ADA) Transition Plan. The ADA Transition Plan prioritized the removal of identified barriers preventing disabled persons access to City facilities and programs. Each Fiscal Year the City utilizes the available budget to implement the ADA Transition Plan. On December 10, 2019, the City Council approved specifications, authorized the Department of Public Works to solicit construction bids, and made a finding that the project was exempt from CEQA. Prior to bidding the project, COVID-19 pandemic began and prevented this project from going to construction. This project was to include the construction of improvements to correct various ADA deficiencies outside the Temecula Community Recreation Center and near the North/South Baseball Fields at Ronald Reagan Sports Park. The work was to consist of reconstruction of ADA ramps, drinking fountain replacement, walkway grade/slope adjustment, ADA signage, wheelchair compliant paths and companion spaces, pavement markings, warning stripes on all stairs in and around the amphitheater, and parking lot surface repair. During Covid- 19, many of these improvements were either constructed in-house by the City's Public Works Maintenance Division or were incorporated into various CRC projects. The project was reanalyzed, and Measure S funds were added so that a design consultant, and an architectural firm could design a more extensive project. The current Americans with Disabilities Act (ADA) Transition Plan Implementation Project, PW18-16, includes four new ADA accessible dugouts at the North/South Baseball Fields, an ADA accessible ramp from Margarita Road to the North/South Baseball Fields, ADA parking lot reconfiguration, and modifications to sidewalks. Project 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 office of the Director of Public Works. The Engineer's Construction Cost Estimate for the project is $275,000 with an estimated construction duration of 60 working days (approximately 3 months). This project is exempt from the CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. The project is also Categorically Excluded from NEPA requirements pursuant to 24 CFR 58.35(a). The NEPA Categorical Exclusion was signed and filed on July26, 2023. FISCAL IMPACT: The Americans with Disabilities Act (ADA) Transition Plan Implementation is identified in the City's Capital Improvement Program, Fiscal Years 2024-28, and is funded with Community Development Block Grant (CDBG) and Measure S. Adequate funds are available in the project account to construct the project. ATTACHMENTS: 1. Project Description 2. Project Location Map Adk C7"` The Heart of Southern California Wine Country City of Temecula Fiscal Years 2024-28 Capital Improvement Program AMERICAN WITH DISABILITIES ACT (ADA) TRANSITION PLAN IMPLEMENTATION Infrastructure Project Project Description: The American with Disabilities Act (ADA) Transition Plan Implementation will utilize the recently completed Transition Plan and implement its recommendations based on the established priorities. The implementation will include improvements to public facilities, programs, and public rights of way to modify/remove identified barriers over a fiscally constrained framework. Benefit: This project furthers the City's Core Values of A Safe and Prepared Community, Transportation Mobility and Connectivity, as well as Equity. Core Value: Equity Project Status: The American With Disabilities Act (ADA) Transition Plan Upgrade was completed in Fiscal Year2017-18. The implementation of the Transition Plan recommendation is an ongoing program. Department: Public Works - Account No. 210.265.999.612 / PW18-16 Level: I ADA Compliant 2023-24 Prior Years 2022-23 Proposed 2024-25 2025-26 2026-27 2027-28 Total Project Project Cost: Actuals Adjusted Budget Projected Projected Projected Projected Cost Administration 87,736 187,601 78,660 78,660 78,660 78,660 78,660 668,637 Construction 506 478,829 245,000 245,000 245,000 245,000 245,000 1,704,335 Design & Environmental 1150,000 1150,000 Total Expenditures 88,242 816,430 323,660 323,660 323,660 323,660 323,660 2,522,972 Source of Funds: CDBG Measure S 98,514 556,158 323,660 323,660 323,660 323,660 323,660 250,000 2,272,972 250,000 Total Funding 98,514 806,158 323,660 323,660 323,660 323,660 323,660 2,522,972 Future Operating & Maintenance Costs: Total Operating Costs �Q� Item No. 13 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: September 12, 2023 SUBJECT: Approve Specifications and Authorize the Solicitation of Construction Bids for Citywide Concrete Repairs Fiscal Year 2022-23 Project, PW23-17 PREPARED BY: Amer Attar, Engineering Manager Emalee Sena, Engineering Technician II RECOMMENDATION: That the City Council: 1. Approve the specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Concrete Repairs Fiscal Year 2022-23 project, PW23-17; and 2. Make a finding that this project is exempt from California Environmental Quality Act (CEQA) per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. BACKGROUND: The Citywide Concrete Repairs is an annual maintenance project to repair various concrete facilities within the City's public right-of-way. The Department of Public Works, Maintenance Division surveys the City and compiles a list of the improvements that need repair. This year's project will remove and replace curb and gutter, sidewalk, access ramps, driveways, cross gutters, and under sidewalk drains at more than one hundred and six (106) locations identified on the attached List of Concrete Repair Areas. An added alternate concrete repair area for this project is located at the Community Recreation Center (CRC) parking area. The concrete repair of this area is contingent on the bids received and the available budget. An exhibit of the concrete repair location is shown on the attached added alternate area map. Project specifications are complete, and the project is ready to be advertised for construction bids. The contract documents are available for review in the office of the Director of Public Works. The Engineer's Construction Cost Estimate for the Project is $300,324. The estimate for the added alternate area is $32,496. Construction duration is estimated to be sixty (60) working days, which is approximately three (3) 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 the repair and maintenance of existing highways, streets, and gutters are Class 1 activities, which are exempt from CEQA. FISCAL IMPACT: This project is funded in the Operating Budget with Measure A funds. This project will repair as much concrete area as the budget allows. ATTACHMENTS: 1. List of Concrete Repairs Areas 2. Added Alternate Area City of Temecula Citywide Concrete Repairs - FY 2022-23 Project No.PW23.17 Department of Public Works List of Concrete Repair Areas and Quantities STREET OR AGENA S • • 042234 AGENA SMill J3 OF • PANELS QUANTITY 87 AMARITA WAY N/E CORNER OF VIA ALORA & AMARITA WAY. PED RAMP & 1 PANEL 36 SF PANEL & 84 SF PED RAMP AMARITA WAY N/W CORNER OF VIA ALORA & AMARITA WAY 4 PANELS 115.5 ARMARITA WAY N/B ARMARITA WAY S/O SANTIAGO 2 LOCATIONS 4 PANELS & CURB/GUTTER 77 SF PANEL & 10 LF CURB/GUTTER BOOTH BAY 28899 BOOTH BAY. 3 PANELS 152.5 BOOTH BAY 28869 BOOTH BAY. 2 PANELS 72.5 BRISTOL ROAD 28848 BRISTOL ROAD. 1 PANEL 35 BRISTOL ROAD 28836 BRISTOL ROAD. 1 PANEL 37.5 BRISTOL ROAD 28845 BRISTOL ROAD. 1 PANEL 50 BUTTERFIELD STAGE RD S/B BUTTERFIELD STAGE ROAD 10OFT S/O ROTHENBERG DR 4 PANELS 55 C ST C ST N/O SANTIAGO. 36 PANELS 995.5 CALLE GIRASOL W/B CALLE GIRASOL W/O RIVERTON LN. 2 PANELS 60 CALLE LOS MOCHIS CALLE LOS MOCHIS AT RED HAWK PKWY 1 PANEL & 1 PANEL 199.25 CAM SAN JOSE CAM SAN JOSE A CORTE BONILIO STORM DRAIN PANEL 72 CAM SAN JOSE E/B CAM SAN JOSE W/O CORTE BONILIO @ PARK 2 CURB OUTLETS TOP OF STRUCTURE & CURB/GUTTER 2 CURB OUTLET TOP OF STRUCTURE & 12.51-F CURB/GUTTER & 11 LF DRAIN CAMINO CARMARGO CAMINO CARMARGO @ AGUILA CT 2 PANELS 55 CAMINO CARMARGO W/B CAMINO CARMARGO E/O AGUILA CT. 3 PANELS 82.5 CAMINO CARUNA BEHIND 43175 CAMINO CARUNA. ON MONTELEGRO WY. 2 PANELS 66 CAMINO CASILLAS 43016 CAMINO CASILLAS. 2 LOCATIONS RESIDENTIAL DRIVE APPROACH -2 PANELS & CURB/GUTTER 66 SF RESIDENTIAL DRIVE APPORACH& 11 LF CURB/GUTTER CAMINO CASILLAS 43036 CAMINO CASILLAS RESIDENTIAL DRIVE APPROACH -2 PANELS & CURB/GUTTER 66 SF RESIDENTIAL DRIVE APPORACH& 11 LF CURB/GUTTER & 11 LF CURB/GUTTER CAMINO CASILLAS 43046 CAMINO CASILLAS RESIDENTIAL DRIVE APPROACH -2 PANELS & 3 PANELS 91SF PANEL & 60.5 SF RESIDENTIAL DRIVE APPROACH PANEL CAMINO HERENCIA BEHIND 32180 CAMINO HERENCIA. ON MCCABE DR. 2 PANELS 44 CAMINO SAN DIMAS CAMINO SAN DIMAS 30 FT E/O VIA LA COLORADO 3 PANEL 90.75 CAMPANULA WAY E/B CAMPANULA WAY, 200 FT E/O PAVIA WAY 6 PANELS 173.25 CHELSEA WAY 31635 CHELSEA WAY 3 PANELS 118.25 CHEMIN COUTET CHEMIN COUTET AT RUE JADOT. PED RAMP & 1 PANEL 36 SF PANEL & 363 SF PED RAMP CORRIGAN PL 40358 CORRIGAN PL. 4 PANELS 105 CORTE ALMERIA BEHIND 43140 CORTE ALMERIA. MONTELEGRO WY. 2 PANELS 66 CORTE ALMERIA BEHIND 43110 CORTE ALMERIA. MONTELEGRO WY. 1 PANEL 33 CORTE ALMONTE 43125 CORTE ALMOTE. 2 LOCATIONS 2 PANELS 72 CORTE ALMONTE BEHIND 43078 CORTE ALMONTE. ON MARGARITA 1 PANELS 30 CORTE ALMONTE CORTE ALMONTE & CALLE VERONICA N/B 5 PANELS 196.5 CORTE AVALOS BEHIND 31686 CORTE AVALOS. ON MARGARITA 2 PANELS 63.25 CORTE CABRERA BEHIND 43033 CORTE CABRERA. ON AMARITA WAY 2 PANELS 60.5 CORTE CABRERA BEHIND 43001 CORTE CABRERA. ON AMARITA WAY 3 PANELS 85.25 CORTE ENCINAS 31721 CORTE ENCINAS RESIDENTIAL DRIVE APPROACH -1 PANEL 63SF RESIDENTIAL DRIVE APPORACH CORTE ESPARZA BEHIND 31651 CORTE ESPARZA. ON MARGARITA 1 PANELS 48 CORTE ESPARZA BEHIND 31645 CORTE ESPARZA. ON SANTIAGO 2 PANELS 70 CORTE LLAMAS BEHIND 32151 CORTE LLAMAS. ON LEENA 2 PANELS 66 CORTE MENDOZA 31817 CORTE MENDOZA 1 PANEL 35.75 CORTE RIMOLA 31375 CORTE RIMOLA 4 PANELS 104.5 CORTE RIMOLA 31320 CORTE RIMOLA 3 PANELS + CURB & GUTTER 80 SF PANEL & 8.5 LF CURB/GUTTER CORTE RIMOLA 31550 CORTE RIMOLA 2 PANELS 44 CORTE RIMOLA BEHIND 31550 CORTE RIMOLA. ON PAUBA RD 2 PANELS 44 AVENIDA SONOMA W/S CORTE SAN LUIS & AVENIDA SONOMA 1 PANEL 41.25 COUNTRY GLEN WAY E/S OF COUNTRY GLEN WAY N/O VIA RIO TEMECULA 3 PANEL 152 COUNTRY GLEN WAY E/S OF COUNTRY GLEN WAY S/O TEMECULA PKWY 8 PANELS, RAPID SET 239.25 ELDERBERRY WAY ELDERBERRY WAY 2 RAMP PANELS 230 SF PED RAMP PANEL GEORGTOWN LN 29477 GEORGETOWN LN 6 PANELS 214 HARVESTON DR. BEHIND 40174 CANTON CT. ON HARVESTON DR. 1 PANEL 84 HARVESTON DR. HARVESTON DR. S/O FAIRMONT LN 2 PANELS 44 HARVESTON DR. E/B HARVESTON DR E/O CHATHAM LN 2 PANELS 85 HIGHLANDER DR 44115 HIGHLANDER DR 1 PANELS 20 HIGHLANDER DR 43915 HIGHLANDER DR. 6 PANELS 170.5 HONOR DRIVE HONOR DRIVE @ CRYSTALAIR DRIVE 2 PANELS 44 1 of 2 rlcip d1v1s1on\projec1s\pw23\pw23-17 citywide concrete repairs fy2022-23\1 - design files\iv.b. design data\pw23-17 conc repair areas fy2022-23.Asm City of Temecula Citywide Concrete Repairs - FY 2022-23 Project No.PW23.17 Department of Public Works List of Concrete Repair Areas and Quantities STREET OR PARK HUDSON CT LOCATIONOF 40058 HUDSON CT WORKQUANTITY 4 PANEL 100 HUDSON CT 40043 HUDSON CT 2 PANEL 40 JEFFERSON AVE 27713 JEFFERSON AVE. 3 PANELS 87 LAKEVIEW RD E. SIDE OF LAKEVIEW ROAD, 100 FT S/O DATE STREET 4 PANELS 112.75 LAKEVIEW RD E. SIDE OF LAKEVIEW ROAD, 200 FT S/O DATE STREET 2 PANELS 57.75 LOMA LINDA RD W/B LOMA LINDA ROAD BETWEEN 30FT & 100FT E/O ELDERBERY WAY. 8 PANELS (2 LOCATIONS) 228.25 LYNDIE LANE 42176 LYNDIE LANE/REPLACE UNDER SIDEWALK METAL LID 1 LID 0 LYNDIE LANE 42176 LYNDIE LANE @ UNDER SIDEWALK DRAIN & METAL CIO 1 CURB OUTLET Curb Outlet Top of Structure MAJELLO CT E/S OF MAJELLO CT, 100 FT N. OF KNOLLRIDGE DR 5 PANELS 137.5 MARGARITA RD ENTRANCE TO 41770 MARGARITA ROAD. 2 CROSS GUTTER PANELS 231 SF CROSS GUTTER MARGARITA RD W/B MARGARITA RD, 30FT E/O AVENDA SONOMA. 2 LOCATIONS 4 PANELS 126 MEADOWS PKWY N/B MEADOWS PKWY, N/O SUNNY MEADOWS DRIVE. CURB & GUTTER 41.5 LF CURB/GUTTER MEADOWS PKWY S/B MEADOWS PKWY N/O MCCABE DR. NEAR TRANSFORMER 4 PANELS 510 MEADOWS PKWY S/B MEADOWS PKWY N/O VIA JASSO 1 PANEL 132 MILL RUN 44682 MILL RUN 2 PANELS 36 N GENERAL KEARNY RD ACROSS FROM 39904 N. GENERAL KEARNY RD. 2 LOCATIONS 3 PANELS 167.75 N GENERAL KEARNY RD S/O N GENERAL KEARNY RD, SOUTH OF NICOLAS RD. 2 LOCATIONS. 11 PANELS 329.75 OLD TOWN FRONT ST 28410 OLD TOWN FRONT ST PANELS & PED RAMP 187 SF PED RAMP & 215 SF PANEL PAHUTA ST PAHUTA ST S/O JERONIMO ST. ACROSS FROM 31341 PAHUTA ST 6 PANELS 156.75 PENNANT CT 31419 PENNANT CT 1 PANEL 20.25 POOLE CT 31914 POOLE CT 1 PANEL & RESIDENTIAL DRIVE APPROACH PANEL ;OSF RESIDENTIAL DRIVE APPROACH & 36 SF OF PANEI PREECE LN N/W CORNER OF PREECE LN @ TIERRA VISTA 2 PED RAMP & 1 PANEL 25 SF PANEL & 2 PED RAMPS PREECE LN E/B PREECE LN E/O BUCKEYE RD 3 PANELS 82.5 PUFFIN ST 33189 PUFFIN ST 2 PANELS 52.25 PUJOL ST S/B PUJOL STREET @ 28845 PUJOL STREET 12 PANELS 401.5 PUJOL ST 28845 PUJOL ST APPT# 406 3 PANELS 85.25 QUITE MEADOW RD ACROSS FROM 43976 QUITE MEADOW RD 3 PANEL 96 RANCHO CALIFORNIA RD W/B RANCHO CALIFORNIA AT 20OFT EAST OF TOWN CENTER 1 PANEL 57.75 RANCHO VISTA RD ACROSS FROM 31755 RANCHO VISTA ROAD. 6 PANELS 178.75 RUIDOSA ST 31073 RUIDOSA ST. 4 PANELS 115.5 RYCREST DR S/B RYCREST DR, 80 FT N/O AMWOOD WAY 4 PANELS 115.5 RYCREST DR RYCREST DR S/O WINDWOOD CIRCLE. 6 PANELS 181.5 SALEM WAY 40318 SALEM WAY 1 PANEL 20 SANTIAGO RD 29275 SANTIAGO RD 2 PANELS 55 SENNA CT 27564 SENNA COURT 3 PANELS 99 SOUTHERN HILLS DR 42138 SOUTHERN HILLS DR. 5 PANELS 80 SPYGLASS LN S/B SPYGLASS LN N/O CONGRESSIONAL DR. 7 PANELS & 1 CURB/GUTTER 80 SF PANEL & 20 LF CURB/GUTTER TEMECULA PKWY E/B TEMECULA PARKWAY @ CARLS JR. 2 PANELS 112.75 TEMECULA N/E/B TEMECULA PARKWAY @ MOBILE GAS STATION 4 PANELS 102.5 TENTON CT. 40341 TRENTON COURT 2 PANELS 50 VERDES LANE W/B VERDES LN E/O MARGARITA RD RAISING CANES). 3 PANELS 99 VERMONT RD E. SIDE OF VERMONT ROAD, 50 FT S/O MEADE CIRCLE 4 PANELS 104.5 VIA ALHAMA BEHIND 42931 VIA ALHAMA. ON MONTELEGRO WY. 4 PANELS 118.25 VIA CANDELEDA BEHIND 43482 VIA CANDELEDA. ON MEADOWS PKWY NEAR TRANSFORMER 1 PANEL 132 VIA CORDOBA W/B VIA CORDOBA, 30FT E/O CORTE CAROLINA 1 PANEL 27.5 VIA CORDOBA VIA CORDOBA, 3OFT S/O CORTE CAROLINA 1 PANEL 28 VIA EL GRECO 41732 VIA EL GRECO 5 PANELS 145.75 WOLF CREEK DR S S/B WOLF CREEK DRIVE SOUTH N/O GRANITE DR. 3 PANEL 299.25 WYANDOHE ST 42380 WYANDOHE ST 2 PANELS 55 YNEZ RD N/B YNEZ ROAD S/O WAVERLY LANE PANELS AT 3 LOCATIONS 220 YNEZ RD N/B YNEZ RD N/O MOTOR CAR PKWY S/O BUS STOP 2 PANELS 55 GUKB & GU I I ER (LI-) 115 SIDEWALK OR ACCESS RAMP PANEL (SF) 11731 RESIDENTIAL DRIVE APPROACH (SF) 316 CURB OUTLET TOP OF STRUCTURE (EA) 3 CROSS GUTTER (SF) 231 CURB RAMP PER COT STD NO 402 (EA) 2 2 of 2 rlcip d1v1s1on\projec1s\pw23\pw23-17 citywide concrete repairs fy2022-23\1 - design files\iv.b. design data\pw23-17 conc repair areas fy2022-23.)dsm PTiiLcirYOF Citywide Concrete Repairs FY2022-23 TEMECULA ��..�eW..k.� r••h� PW23-17 - Added Alternate Area 47.0 0 Distance / 2 47.0 Feet W G S_ 19 84_ Web —Mercator — Au x i l i a ry_S p h e re © Latitude Geographics Grop Ltd. Legend City of Temecula Boundary ❑ Parcels Street Names Highways HWY INTERCHANGE INTERSTATE OFFRAMP ONRAMP USHWY Creeks ❑ Cities Streets ,Null> PAVED PROPOSED UNPAVED Schools 1:564 O This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION Citywide Concrete Repairs FY2022-23 PW23-17 - Added Alternate Area 30875 Rancho Vista Rd, Temecula CA 92592 /#,5 7, VZL Construction Notes No. Item Quantity Unit 1 Remove and Replace Curb & Spandrel 300 SF 2 Remove & Replace Sidewalk Panel 147 SIF 3 Remove and Replace Curb Cutlet 1 EA 4 Remove and Replace Longitudinal Gutter 130 SF 5 Remove and Replace Asphalt 25 TON 6 Remove and Replace Landscape Median 40 SIF 7 Tree Removal 3 EA Item No. 14 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: September 12, 2023 SUBJECT: Accept Improvements and File the Notice of Completion for the Mary Phillips Senior Center Emergency Generator Enclosure, PW21-08 PREPARED BY: Amer Attar, Engineering Manager Ryan Castillo, Supervising Public Works Inspector RECOMMENDATION: That the City Council: 1. Accept the Improvements for the Mary Phillips Senior Center Emergency Generator Enclosure, PW21-08, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion if no liens have been filed. BACKGROUND: On September 23, 2021, the City issued Purchase Order no. 046201 to Quinn Company (dba as Quinn Power Systems) in coordination with Sourcewell Contract no. 120617-Cat for the purchase of a Caterpillar Diesel Standby Generator for the Mary Phillips Senior Center Emergency Generator project, PW21-08. The generator has since been installed and tested. To comply with City regulations and policies, it was necessary to construct a masonry wall enclosure and gate around the generator. We have previously contracted with an architect to design the enclosure and the plans have been approved by Building & Safety. Per section 22032 of the Public Contract Code (PCC) and Section 3.32.010 of the City of Temecula Municipal Code, public works projects of $60,000 or less may be performed by City employees, force account, negotiated contract, or by purchase order. Per City of Temecula Resolution and Delegation of Signature Authority from the City Manager dated June 19, 2019, the Director of Public Works may execute contracts of this type. On October 18, 2022 the Director of Public Works approved a minor construction contract to CT&T Concrete Paving, Inc. in the amount of $59,950 to construct the Mary Phillips Senior Center Emergency Generator Enclosure, PW21-08. The contractor has completed the work in accordance with the approved plans and to the satisfaction of the Director of Public Works/City Engineer. The work under this contract shall be guaranteed for one-year from date of acceptance per the Agreement for Minor Construction Services. FISCAL IMPACT: There is no fiscal impact associated with accepting the project and filing the Notice of Completion. ATTACHMENTS: 1. Notice of Completion 2. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code Sections 6103 and 27383 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to CT&T Concrete Paving Inc. 324 S. Diamond Bar Blvd. Diamond Bar, CA 91765 to perform the following work of improvement: MARY PHILLIPS SENIOR CENTER EMERGENCY GENERATOR ENCLOSURE Project No. PW21-08 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on September 12, 2023. That upon said contract the Contractors Bonding and Insurance Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: MARY PHILLIPS SENIOR CENTER EMERGENCY GENERATOR ENCLOSURE Project No. PW21-08 6. The location of said property is: 41845 Sixth Street, Temecula, California. Dated at Temecula, California, this 12t" day of September, 2023. City of Temecula Randi Johl, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, California, do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 12th day of September, 2023. City of Temecula Randi Johl, City Clerk CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE for MARY PHILLIPS SENIOR CENTER EMERGENCY GENERATOR ENCLOSURE PROJECT NO. PW21-08 This is to certify that _CT&T CONCRETE PAVING (hereinafter the "Contractor") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the Contractor or by any of the Contractor's agents, employees or subcontractors used or in contribution to the execution of its Contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as MARY PHILLIPS SENIOR CENTER EMERGENCY GENERATOR ENCLOSURE, PROJECT NO. PW21-08, situated in the City of Temecula, State of California, more particularly described as follows: 41845 SIXTH STREET TEMECULA CA 92592 ADDRESS OR DESCRIBE LOCATION OF WORK The Contractor declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the Contractor. Further, in connection with the final payment of the Contract, the Contractor hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code Section 7100, the Contractor does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the Contractor by reason of payment by the City of Temecula of any contract amount which the Contractor has not disputed above. Dated: 08/15/2023 CONTRACTOR: By: Signature Jose Carvaial, President Print Name and Title Item No. 15 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: September 12, 2023 SUBJECT: Accept Improvements and File the Notice of Completion for the Traffic Signal Installation, Citywide — Rancho California Road and Tee Drive, PW 19-19 PREPARED BY: Nino Abad, Senior Civil Engineer Chris White, Associate Engineer II RECOMMENDATION: That the City Council: 1. Accept the construction of the Traffic Signal Installation, Citywide — Rancho California Road and Tee Drive, PW19-19, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the final contract amount; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. BACKGROUND: On August 9, 2022, the City Council awarded a construction contract to DBX, Inc. in the amount of $448,045 and authorized the City Manager to approve construction change orders not to exceed the contingency amount of $44,804.50, to complete the Traffic Signal Installation, Citywide — Rancho California Road and Tee Drive, PW19-19 project. As part of the Capital Improvement Program and Budget for Fiscal Year 2022-26, the City Council approved appropriations to support a Traffic Signal Installation — Citywide that would improve traffic safety and circulation throughout the City. A priority list of traffic signals has been developed. The traffic signals scheduled for installation will be designed and constructed in the scheduled fiscal year when funding becomes available. Rancho California Road and Tee Drive was selected from the list to be constructed and installed. DBX Inc. has completed the work in accordance with the approved plans and specifications and to the satisfaction of the Director of Public Works/City Engineer. All work will be warranted for a period of one year from July 10, 2023, the date the City obtained "beneficial use" of the project improvements. The retention for this project will be released pursuant to the provisions of Public Contract Code 7107. The base amount of the construction contract was $448,045. Three contract change orders were issued totaling $34,990. This resulted in a total construction cost of $483,035. FISCAL IMPACT: There is no fiscal impact associated with accepting the project and filing and recording the Notice of Completion. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code Sections 6103 and 27383 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to DBX Inc, 42024 Avenida Alvarado, Suite A, Temecula, Ca. 92590 to perform the following work of improvement: Traffic Signal Installation, Citywide, Rancho California Road and Tee Drive Project No. PW19-19 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on September 12, 2023. That upon said contract The Ohio Casualty Insurance Company, P.O. Box 34526, Seattle, WA 98124, was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Intersection at Rancho California Road and Tee Drive Project No. PW19-19 6. The location of said property is: Rancho California Road and Tee Drive. Dated at Temecula, California, this 12' day of September, 2023. City of Temecula Randi Johl, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, California, do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 12th day of September, 2023. City of Temecula Randi Johl, City Clerk 2022-176 SURETY BOND REVIEW FORM The attached surety bond(s) have been reviewed in the following amount(s): PROJECT: Traffic Signal Installation — Citywide, Rancho California Road and Tee Drive, PW19-19 CONTRACTOR: DBX, Inc. SURETY BOND TYPE BOND NUMBER BOND AMOUNT The Ohio Casualty Insurance Company Maintenance 24261462 $48,304.00 The surety company is ® is not ❑ an admitted company in the State of California: ■ Financial Strength Rating: A XV ■ A.M. Best #: 002378 ■ NAIC M 24074 ■ CA Company ID #: 5133-4 Insurance Verified By: 08/21/2023 Risk Management Division Approved As to Form: Peter M. Thorson, City Attorney Date Date NOTES: Resolution of Officer's Authority for James C. Perry is attached. Notice of Completion scheduled for the 9/12/23 City Council Meeting CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO. 24261462 Premium: Included in Performance Bond MAINTENANCE BOND for TRAFFIC SIGNAL INSTALLATION - CITYWIDE, RANCHO CALIFORNIA ROAD AND TEE DRIVE PROJECT NO. PW19-19 KNOW ALL PERSONS BY THESE PRESENT THAT DBX. Inc. 42024 Avenida Alvarado, Suite A, Temecula, CA 92590 NAME AND ADDRESS OF CONTRACTOR a Corporation (hereinafter called "Principal'), and (fill in whether a Corporation, Partnership, or Individual) The Ohio Casualty Insurance Company P.O. Box 34526, Seattle, WA 98124 NAME AND ADDRESS OF SURETY (hereinafter called "Surety"), are held and firmly bound unto CITY OF TEMECULA (hereinafter called "Owner") in the penal sum of Forty -Eight Thousand Three Hundred Four DOLLARS AND NO CENTS ($48,304.00 ) in lawful money of the United States, said sum being not less than ten percent of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner, dated the 9th day of August , 20 22 , a copy of which is hereto attached and made a part hereof for the construction of TRAFFIC SIGNAL INSTALLATION - CITYWIDE, RANCHO CALIFORNIA ROAD AND TEE DRIVE, PROJECT NO. PW19-19. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year after approval of the final estimate on said job, by the Owner, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on this the 14th day of August , 2023 . NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. MAINTENANCE BOND MB-1 As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 14th day of August , 20 23 1. (Seal) SURE : The D io Casualty Insurance Company By: Charles L. Flake (Name) Attornev-in-Fact (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney NOTE: Signatures of two Acknowledgement or Jurat Signatures. PRINCIPAL: DBX, Inc. By:�1-1 C. , James C. Perry (Name) President (Title) By: C,� James C. Perry (Name) Secretary/Treasurer (Title) corporate officers required for corporations. A Notarial must be attached for each of the Surety and Principal MAINTENANCE BOND MB-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 p�.�:e�fi.^�; �s�� o Ham•-�i�'r�k.� , � '$3? i��'xL�s A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On _ August 15, 2023 Date personally appeared James C. before me, Phyllissa Martz, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 4 = r = •�L• My PHYLLISSA MARTZ Notary Public - California Riverside County Commission # 2330347 Comm. Expires Aug 11, 2024 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public Lai JLL�JCIG�� Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: James C. Perry ® Corporate Officer — Title(s): Pre ' .ITreas- ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association Number of Pages: Signer's Name: . ❑ Corporate Officer — Title(s):... ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Orange _ f On August 14, 2023 before me, Heather Willis, Notary Public Date Here Insert Name and Title of the Officer personally appeared Charles L. Flake Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. HEATHER WILLIS COMM. #2334057 rA NOTARY PUBLIC . CALIFORNIA � Signature ORANGE COUNTY Signature of Notary Public MYCOMM EXPIRES SEPiEMBER25,2024 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: -_ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator I-1 Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. N N N C N i19 .:3 ra N `oca N ru eL3rn co 02 Liberty Mutual. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company SURETY POWER OF ATTORNEY Certificate No: 8205649-971919 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Charles L. Flake, David L. Culbertson, Heather Willis, Lexie Sherwood, Spencer Flake all of the city of Anaheim state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognlzances end other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as If they have been duly signed by the president and attested by the secretary of the Companies in their awn proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 25th day of May 2021 Liberty Mutual Insurance Company ►NSU� p4SY IiYgU a yNSO The Ohio Casualty Insurance Company �rLORpaps,P11 West American Insurance Company LU 1912 0 0 1919 In 1991 o j' d'$, .ICH1l6 �aa y� 'yAlePs��a4 't'�M'OIAT1p a� y: �` ( � 7 * }�hrl ,� 1` � of • � B David M. Carey, Assistant Secretary State of PEN NSYLVAN[A County of MONTGOMERY TM U C S On this 25Lh day of May , 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance iN Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 7 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. Q `AS 4�yP Frfi Comnwnwaalth of Pennsylvania - Notary Seal �Q�LZ•���w�{ Y Teresa Paslella, Notary Public Montgomery County OF My commission expires March 28, 2025 B Commission numW 5128044 y' Vua Member, Pennsylvania Association of NeWes eresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such aftomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose In writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recogneances and other surety obligations. Such alomays-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that Facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of allomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do he;ebv certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power ofAttomay executed by said Companies, is In full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 14th day of August , 2023 . lt3SU 01f lAls& %Nsuo? �,yR'`paro��yC� y�Sp'GoaPvayT�9y �a'ao6pah�rF'F[+ Za 1912 ° 1919 n 1991 YpP $ s `Fy 8� d V- $ By. dye sacHu ° SgMP`+" yb rs n,exP, da Renee C. Llewellyn, Assistant Secretary G7 a =E vy Q O 00 N al � r �00 `oo r-CID ro U r- ow n m LMS-12873 LMIC OCIC WAIC Multi Ca 02121 CERTIFICATION OF RESOLUTION I, James C. Perry, Secretary of DBX, Inc. a California corporation, do hereby certify that the attached RESOLUTION OF OFFICER'S AUTHORITY, to which I hereby attest, is a full, true and correct copy of a resolution of the Board of Directors of said corporation, duly adopted and approved by regular action of the said Board of Directors taken on January 26, 2022 in full conformance with the law and the By Laws of said corporation. I further certify that the resolution is still in full force and effect and has not been amended or revoked. IN WITNESS WHEREOF, I have hereunto set my hand as such Secretary, and affixed the corporate seal of said Corporation. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at Temecula, California on August 11, 2022. � Ja es C. Perry, Secretary SEAL A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) STEPHANY BRAVO emy Notary Public - CaliforniaCoSS. Riverside untyCommission rf 2348074 Comm. Expires Feb 19,2025 COUNTY OF RIVERSIDE ) i'*" �I Subscribed and sworn to before me this 11h day of August, 2022, by James C. Perry, proved to me on the basis of satisfactory evidence to be the person who appeared before me. RESOLUTION OF OFFICER`S AUTHORITY "WHEREAS, from time to time this corporation, being DBX, Inc., a California corporation, is called upon to execute documents by which this corporation enters into contracts, bonds, obligations of performance, surety and of other legal consequences, and "WHEREAS, third persons may require or request come written authority evidencing and identifying those persons who are officers and authorized to execute such documents for and on behalf of this corporation, now, therefore, it is "RESOLVED, that JAMES C. PERRY, who is President and Chief Executive Officer of this corporation, be, and he hereby is, and has been, empowered, authorized and directed to execute any and all kinds of documents, contracts, bonds, obligations of performance, surety and other documents by which this corporation assumes legal obligations, dealing with private and public entities, and "RESOLVED FURTHER, that any person who relies upon the authority granted and conferred in this resolution shall be indemnified and held harmless from any claim with respect to the existence or non-existence of such authority, and may continue to do so until personally receiving written notice that the authority herein conferred has been terminated." Dated: January 26, 2022 SEAL es C. Perry, Secretary 2022-176 CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE for TRAFFIC SIGNAL INSTALLATION - CITYWIDE, RANCHO CALIFORNIA ROAD AND TEE DRIVE PROJECT NO. PW19-19 This is to certify that DBX, Inc. (hereinafter the "Contractor") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the Contractor or by any of the Contractor's agents, employees or subcontractors used or in contribution to the execution of its Contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as TRAFFIC SIGNAL INSTALLATION - CITYWIDE, RANCHO CALIFORNIA ROAD AND TEE DRIVE, PROJECT NO. PW19-19, situated in the City of Temecula, State of California, more particularly described as follows: Traffic Signal Installation - Rancho California Road and Tee Drive Intersection ADDRESS OR DESCRIBE LOCATION OF WORK The Contractor declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the Contractor. Further, in connection with the final payment of the Contract, the Contractor hereby disputes the following amounts: Description I Dollar Amount to Dispute N/A Pursuant to Public Contract Code Section 7100, the Contractor does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the Contractor by reason of payment by the City of Temecula of any contract amount which the Contractor has not disputed above. CONTRACTOR: Dated: 8/15/23 By: 2g�,- S' nature James C. Perry, President/Secretary/Treasurer Print Name and Title RELEASE R-1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On August 15, 2023 Date personally appeared before me, Phyllissa Martz, Notary. Public James C. Perry Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. >� PWYLLI55AMARIZ I certify under PENALTY OF PERJURY under the r .Notary Public - California laws of the State of California that the foregoing 'Y _ Riverside County ig paragraph is true and correct. Commission # 2330347 My Comm, Expires Aug 11, 2024 WITNESS my hand and official seal. Signature Place Notary Seal and/or Stamp Above Signature of NotayPublic OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ,James C. Perry ® Corporate Officer — Title(s): President/Sec.rrmas__ ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: Item No. 16 ACTION MINUTES TEMECULA COMMUNITY SERVICES DISTRICT MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA AUGUST 22, 2023 CALL TO ORDER at 9:13 PM: President James Stewart ROLL CALL: Alexander, Brown (absent), Kalfus, 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 (4-0, Brown absent): Motion by Schwank, Second by Alexander. The vote reflected unanimous approval with Brown absent. 14. Approve Action Minutes of August 8, 2023 Recommendation: That the Board of Directors approve the action minutes of August 8, 2023. 15. Approve Agreement with Titan Rental Group, Inc. for Event and Program Rental Items Recommendation: That the Board of Directors approve the agreement with Titan Rental Group, Inc. for event and program rental items. 16. Approve Annexation of Tract Map Numbers 37341 and 37341-17, Within Sommers Bend, to Service Level B (Residential Street Lights) Rates and Charges (Located on East Side of Butterfield Stage Road and North of Long Valley Wash) Recommendation: That the Board of Directors adopt the following resolutions entitled: RESOLUTION NO. CSD 2023-06 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA, DECLARING INTENTION TO ANNEX PROPERTY (TRACT MAP 37341 AND 37341-17) TO SERVICE LEVEL B - RESIDENTIAL STREET LIGHTS AND TO LEVY ASSESSMENTS ON SUCH PROPERTY FOR FISCAL YEAR 2024-25, APPROVING THE ENGINEER'S REPORT, AND SETTING THE DATE, TIME AND PLACE OF A PUBLIC HEARING ON THE PROPOSED ANNEXATION AND ASSESSMENTS RESOLUTION NO. CSD 2023-07 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA, INITIATING PROCEEDINGS TO ANNEX PROPERTY (TRACT MAP 37341 AND 37341-17) TO SERVICE LEVEL B FOR FISCAL YEAR 2024-25 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 9:15 PM, the Community Services District meeting was formally adjourned to Tuesday, September 12, 2023 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. 17 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Jennifer Hennessy, Director of Finance DATE: September 12, 2023 SUBJECT: Approve Financial Statements for the 3rd Quarter Ended March 31, 2023 PREPARED BY: Jennifer Hennessy, Director of Finance RECOMMENDATION: That the Board of Directors: 1. Receive and file the financial statements for the 3rd quarter ended March 31, 2023; and 2. Approve the following Fiscal Year 2022-23 appropriations: a. CRC Project Salaries (190.182.999.5119) $74,000 b. Aquatics Project Salaries (190.186.999.5119) $66,000 BACKGROUND: The attached financial statements reflect the unaudited activity of the Temecula Community Services District for the 3rd quarter ended March 31, 2023. FISCAL IMPACT: None ATTACHMENTS: TCSD Fund Summaries Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 190 - TEMECULA COMMUNITY SERVICES DISTRICT FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Taxes and Franchises Special Tax (Measure C) 1,923,561 1,916,505 1,064,396 1,916,505 0 0.0 Licenses, Permits and Service Charges Development Impact Fees 902 0 28 0 0 0.0 % Contract Classes 823,734 1,000,000 791,593 1,000,000 0 0.0 % Classes/Activities 59,239 45,962 43,209 45,962 0 0.0 % Facility Rentals 295,437 420,486 391,955 420,486 0 0.0 Aquatics 227,981 128,312 102,333 128,312 0 0.0 Museum Admissions 91,610 102,612 74,062 102,612 0 0.0 % Theater Admissions 266,927 265,000 254,034 265,000 0 0.0 Sports Leagues & Tournaments 190,761 189,562 169,456 189,562 0 0.0 Day Camps 113,187 79,540 9,988 79,540 0 0.0 % Fines and Forfeitures Fines & Forfeitures 50 0 0 0 0 0.0 Use of Money and Property Investment Interest (25,199) 0 19,780 0 0 0.0 % Reimbursements Other Reimbursements 172,308 125,845 123,042 125,845 0 0.0 Operating Transfers In Operating Transfers In 0 500,000 0 500,000 0 0.0 % Contribution From Measure S 10,002,131 10,295,571 8,093,856 10,295,571 0 0.0 % Miscellaneous Miscellaneous 94,479 84,186 62,710 84,186 0 0.0 % Total Revenues and Other Sources 14,237,109 15,153,582 11,200,442 15,153,582 0 0.0 % Expenditures by Category Salaries & Benefits 7,802,743 9,291,559 6,885,581 9,431,559 140,000 1.5 Operations & Maintenance 3,908,138 4,709,334 3,662,751 4,709,334 0 0.0 Internal Service Fund Allocations 1,942,165 2,363,872 1,736,905 2,363,872 0 0.0 % Capital Outlay 248,732 11,194 0 11,194 0 0.0 % Total Expenditures and Other Financing Uses 13,901,778 16,375,958 12,285,237 16,515,958 140,000 0.9 % Excess of Revenues Over (Under) Expenditures 335,331 (1,222,377) (1,084,796) (1,362,377) (140,000) 11.5 % Fund Balance, Beginning of Year 1,238,945 1,574,276 1,574,276 Fund Balance, End of Year 1,574,276 351,899 211,899 Fund Description Citywide Operations reflects the collection of the Special Tax (Measure C) charged to households for recreation programs as well as fees for classes and activities. Accounts for facility operations, maintenance, and community recreation programs. Measure C was approved by residents in 1997 at a rate of $74.44 per parcel for the purpose of maintaining the City's parks, recreation facilities, arterial street lighting and traffic signals. The Special Tax revenue is allocated equally between TCSD and the General Fund to fund both recreation programs and parks maintenance. Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 192 - TCSD SERVICE LEVEL "B" STREET LIGHTS FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 640,790 640,767 342,966 640,767 0 0.0 Use of Money and Property Investment Interest (6,965) 0 3,246 0 0 0.0 % Total Revenues and Other Sources 633,825 640,767 346,212 640,767 0 0.0 % Expenditures by Category Transfers 852,930 200,000 0 200,000 0 0.0 Operations & Maintenance 285,166 502,030 192,423 502,030 0 0.0 % Total Expenditures and Other Financing Uses 1,138,096 702,030 192,423 702,030 0 0.0 % Excess of Revenues Over (Under) Expenditures (504,271) (61,263) 153,789 (61,263) 0 0.0 Fund Balance, Beginning of Year 761,638 257,367 257,367 Fund Balance, End of Year 257,367 196,103 196,103 Fund Description Service Level B reflects the collection of benefit assessments charged to property owners. Service Level B includes only those parcels within residential subdivisions that receive residential street lighting services. This service level includes operational, administrative, maintenance and utility costs of residential street lights. Each year, $200,000 is transferred from this fund to the TCSD Service Level "B" Streetlight Replacement Fund (Fund 191) to accommodate these costs. Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 194 - TCSD SERVICE LEVEL "D" REFUSE/RECYCLING FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 8,913,039 9,550,621 5,110,138 9,550,621 0 0.0 Recycling Program 5,000 5,000 5,000 5,000 0 0.0 Use of Money and Property Investment Interest (872) 0 6,466 0 0 0.0 % Intergovernmental Revenues Grants 0 159,957 159,957 159,957 0 0.0 Total Revenues and Other Sources 8,917,167 9,715,578 5,281,561 9,715,578 0 0.0 % Expenditures by Category Salaries & Benefits 67,898 71,467 57,128 71,467 0 0.0 % Operations & Maintenance 8,756,428 9,416,070 4,680,557 9,416,070 0 0.0 % Total Expenditures and Other Financing Uses 8,824,325 9,487,537 4,737,685 9,487,537 0 0.0 % Excess of Revenues Over (Under) Expenditures 92,842 228,041 543,877 228,041 0 0.0 % Fund Balance, Beginning of Year 186,902 279,744 279,744 Fund Balance, End of Year 279,744 507,784 507,784 Fund Description Service Level D Fund is used to collect benefit assessments charged to property owners for the purpose of providing refuse collection, recycling, and street sweeping throughout the City, which is provided by CR&R. In addition, Service Level D has received grants to increase recycling efforts Citywide. Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 195 - TCSD SERVICE LEVEL "R" STREET/ROAD MAINT FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 115 5,532 2,997 5,532 0 0.0 Use of Money and Property Investment Interest (201) 0 332 0 0 0.0 % Total Revenues and Other Sources (86) 5,532 3,329 5,532 0 0.0 % Expenditures by Category Operations & Maintenance 3,321 10,532 107 10,532 0 0.0 Total Expenditures and Other Financing Uses 3,321 10,532 107 10,532 0 0.0 % Excess of Revenues Over (Under) Expenditures (3,407) (5,000) 3,222 (5,000) 0 0.0 % Fund Balance, Beginning of Year 30,688 27,281 27,281 Fund Balance, End of Year 27,281 22,281 22,281 Fund Description Service Level R Fund reflects the operational, administrative, construction and maintenance costs for certain unpaved roads that become inaccessible after inclement weather. Zone R-1 provides service in the Nicolas/Liefer Road area. The maximum rate that can be charged for Zone R-1 for an improved parcel is $115.26 and for an unimproved parcel is $57.62. Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 196 - TCSD SERVICE LEVEL "L" LAKE PARK MAINT. FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 250,186 251,691 133,572 251,691 0 0.0 Harveston Lake Boat Revenue 7,211 4,200 3,954 4,200 0 0.0 Use of Money and Property Investment Interest (3,145) 0 4,292 0 0 0.0 % Miscellaneous Miscellaneous 0 22,500 25,260 22,500 0 0.0 % Total Revenues and Other Sources 254,252 278,391 167,078 278,391 0 0.0 % Expenditures by Category Salaries & Benefits 29,581 11,459 9,509 11,459 0 0.0 % Operations & Maintenance 257,342 291,727 263,580 291,727 0 0.0 % Total Expenditures and Other Financing Uses 286,922 303,186 273,089 303,186 0 0.0 % Excess of Revenues Over (Under) Expenditures (32,670) (24,795) (106,011) (24,795) 0 0.0 % Fund Balance, Beginning of Year 409,961 377,291 377,291 Fund Balance, End of Year 377,291 352,496 352,496 Fund Description Service Level L Fund reflects the benefit assessments charged to property owners for the purpose of maintaining the Harveston Lake Park. Expenditures include operational, administrative and maintenance costs. Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 197 - TEMECULA LIBRARY FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Printing & Copies 6,924 8,000 7,325 8,000 0 0.0 Fines and Forfeitures Fines & Forfeitures 25,446 26,000 24,311 26,000 0 0.0 Use of Money and Property Investment Interest (4,206) 0 5,623 0 0 0.0 % Lease/Rental Income 10,268 15,000 13,629 15,000 0 0.0 % Operating Transfers In Contribution From Measure S 947,149 975,563 731,672 975,563 0 0.0 % Total Revenues and Other Sources 985,581 1,024,563 782,561 1,024,563 0 0.0 % Expenditures by Category Salaries & Benefits 158,714 218,817 154,128 218,817 0 0.0 % Operations & Maintenance 511,742 500,111 294,976 500,111 0 0.0 % Internal Service Fund Allocations 321,367 359,643 242,446 359,643 0 0.0 % Capital Outlay 0 30,829 0 30,829 0 0.0 % Total Expenditures and Other Financing Uses 991,823 1,109,401 691,549 1,109,401 0 0.0 % Excess of Revenues Over (Under) Expenditures (6,242) (84,838) 91,011 (84,838) 0 0.0 % Fund Balance, Beginning of Year 531,981 525,739 525,739 Fund Balance, End of Year 525,739 440,902 440,902 Fund Description The Library Fund is used to account for the maintenance and operations of the Ronald H. Roberts Temecula Public Library on Pauba Road. Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 198 - PUBLIC ART FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Public Art 41,837 14,000 63,549 14,000 0 0.0 Use of Money and Property Investment Interest (941) 0 1,948 0 0 0.0 % Total Revenues and Other Sources 40,896 14,000 65,497 14,000 0 0.0 % Expenditures by Category Operations & Maintenance 0 30,000 0 30,000 0 0.0 Total Expenditures and Other Financing Uses 0 30,000 0 30,000 0 0.0 % Excess of Revenues Over (Under) Expenditures 40,896 (16,000) 65,497 (16,000) 0 0.0 % Fund Balance, Beginning of Year 91,099 131,995 131,995 Fund Balance, End of Year 131,995 115,995 115,995 Fund Description This fund was established pursuant to Temecula Municipal Code Section 5.08.040, whereby the fund serves a a depository for the fees paid in lieu of art as well as monetary donations for public art. The Public Art In Lieu fee is one -tenth of one percent of an eligible development project in excess of $100,000. Eligible uses of this fund include the design, acquisition, installation, improvement, maintenance and insurance of public artwork; offering of performing arts programs on City property for the community; and art education programs on City property for the community. Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 501 - SERVICE LEVEL"C"ZONE 1 SADDLEWOOD FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 37,944 37,932 19,314 37,932 0 0.0 Use of Money and Property Investment Interest (98) 0 88 0 0 0.0 % Total Revenues and Other Sources 37,846 37,932 19,402 37,932 0 0.0 % Expenditures by Category Salaries & Benefits 2 0 0 0 0 0.0 Operations & Maintenance 39,158 37,619 30,778 37,619 0 0.0 % Total Expenditures and Other Financing Uses 39,161 37,619 30,778 37,619 0 0.0 % Excess of Revenues Over (Under) Expenditures (1,315) 313 (11,376) 313 0 0.0 Fund Balance, Beginning of Year 14,333 13,018 13,018 Fund Balance, End of Year 13,018 13,331 13,331 Fund Description Service Level C Fund reflects the collection of benefit assessments charged to property owners for the purpose of providing perimeter landscaping and slope maintenance throughout the City. Service Level C assesses only those parcels within residential subdivisions receiving TCSD perimeter landscaping and slope maintenance and are separated into 32 zones. The rate levels for Zones 6 and 29, are subject to a Consumer Price Index -Urban Consumers (CPI-U) annual inflator while all other rate levels will not increase. Zones 30-32 will not be assessed, as the property owners have elected to have the landscaping maintained by the respective Homeowner's Associations (HOAs). Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 502 - SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments Use of Money and Property Investment Interest Total Revenues and Other Sources Expenditures by Category Salaries & Benefits Operations & Maintenance Total Expenditures and Other Financing Uses Excess of Revenues Over (Under) Expenditures Fund Balance, Beginning of Year Fund Balance, End of Year Fund Description 42,659 (864) 42,542 0 21,939 1,336 42,542 0 0 0 0.0 0.0 41,795 42,542 23,274 42,542 0 0.0 % 27 36,678 0 59,360 0 42,686 0 59,360 0 0 0.0% 0.0 % 36,705 59,360 42,686 59,360 0 0.0 % 5,090 (16,818) (19,412) (16,818) 0 0.0 111,673 116,763 116,763 116,763 99,945 99,945 Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 503 - SERVICE LEVEL" C"ZONE 3 RANCHO HIGHLANDS FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 47,534 47,328 25,758 47,328 0 0.0 Use of Money and Property Investment Interest (362) 0 596 0 0 0.0 % Total Revenues and Other Sources 47,171 47,328 26,353 47,328 0 0.0 % Expenditures by Category Salaries & Benefits 27 0 0 0 0 0.0 Operations & Maintenance 35,529 50,859 38,721 50,859 0 0.0 % Total Expenditures and Other Financing Uses 35,557 50,859 38,721 50,859 0 0.0 % Excess of Revenues Over (Under) Expenditures 11,615 (3,531) (12,367) (3,531) 0 0.0 Fund Balance, Beginning of Year 46,464 58,079 58,079 Fund Balance, End of Year 58,079 54,548 54,548 Fund Description Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 504 - SERVICE LEVEL"C"ZONE 4 THE VINEYARDS FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 6,394 6,394 3,335 6,394 0 0.0 Use of Money and Property Investment Interest (36) 0 56 0 0 0.0 % Total Revenues and Other Sources 6,358 6,394 3,391 6,394 0 0.0 % Expenditures by Category Salaries & Benefits 102 0 0 0 0 0.0 Operations & Maintenance 5,171 6,503 4,742 6,503 0 0.0 % Total Expenditures and Other Financing Uses 5,273 6,503 4,742 6,503 0 0.0 % Excess of Revenues Over (Under) Expenditures 1,085 (109) (1,350) (109) 0 0.0 Fund Balance, Beginning of Year 4,727 5,812 5,812 Fund Balance, End of Year 5,812 5,703 5,703 Fund Description Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 505 - SERVICE LEVEL"C"ZONE 5 SIGNET SERIES FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 39,365 39,025 21,698 39,025 0 0.0 Use of Money and Property Investment Interest (211) 0 193 0 0 0.0 % Total Revenues and Other Sources 39,154 39,025 21,891 39,025 0 0.0 % Expenditures by Category Salaries & Benefits 27 0 0 0 0 0.0 Operations & Maintenance 48,406 38,053 27,760 38,053 0 0.0 % Total Expenditures and Other Financing Uses 48,434 38,053 27,760 38,053 0 0.0 % Excess of Revenues Over (Under) Expenditures (9,280) 972 (5,869) 972 0 0.0 Fund Balance, Beginning of Year 31,202 21,922 21,922 Fund Balance, End of Year 21,922 22,894 22,894 Fund Description Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 506 - SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments Use of Money and Property Investment Interest Total Revenues and Other Sources Expenditures by Category Salaries & Benefits Operations & Maintenance Total Expenditures and Other Financing Uses Excess of Revenues Over (Under) Expenditures Fund Balance, Beginning of Year Fund Balance, End of Year Fund Description 27,266 (308) 28,625 0 15,375 452 28,625 0 0 0 0.0 0.0 26,957 28,625 15,827 28,625 0 0.0 % 27 24,043 0 30,755 0 17,139 0 30,755 0 0 0.0% 0.0 % 24,071 30,755 17,139 30,755 0 0.0 % 2,887 (2,130) (1,312) (2,130) 0 0.0 % 36,900 39,787 39,787 39,787 37,657 37,657 Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 507 - SERVICE LEVEL"C"ZONE 7 RIDGEVIEW FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 15,314 15,308 8,188 15,308 0 0.0 Use of Money and Property Investment Interest (70) 0 67 0 0 0.0 % Total Revenues and Other Sources 15,245 15,308 8,255 15,308 0 0.0 % Expenditures by Category Salaries & Benefits 2 0 0 0 0 0.0 Operations & Maintenance 17,757 15,179 9,394 15,179 0 0.0 % Total Expenditures and Other Financing Uses 17,759 15,179 9,394 15,179 0 0.0 % Excess of Revenues Over (Under) Expenditures (2,514) 129 (1,138) 129 0 0.0 Fund Balance, Beginning of Year 9,992 7,478 7,478 Fund Balance, End of Year 7,478 7,607 7,607 Fund Description Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 508 - SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 137,155 137,025 74,026 137,025 0 0.0 Use of Money and Property Investment Interest (816) 0 1,094 0 0 0.0 % Total Revenues and Other Sources 136,339 137,025 75,119 137,025 0 0.0 % Expenditures by Category Salaries & Benefits 13,643 0 0 0 0 0.0 Operations & Maintenance 114,724 151,464 114,139 151,464 0 0.0 % Total Expenditures and Other Financing Uses 128,368 151,464 114,139 151,464 0 0.0 % Excess of Revenues Over (Under) Expenditures 7,971 (14,439) (39,020) (14,439) 0 0.0 Fund Balance, Beginning of Year 109,757 117,728 117,728 Fund Balance, End of Year 117,728 103,289 103,289 Fund Description Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 509 - SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 5,106 5,106 2,783 5,106 0 0.0 Use of Money and Property Investment Interest (237) 0 344 0 0 0.0 % Total Revenues and Other Sources 4,869 5,106 3,127 5,106 0 0.0 % Expenditures by Category Salaries & Benefits 2 0 0 0 0 0.0 Operations & Maintenance 3,785 14,115 6,491 14,115 0 0.0 % Total Expenditures and Other Financing Uses 3,787 14,115 6,491 14,115 0 0.0 % Excess of Revenues Over (Under) Expenditures 1,081 (9,009) (3,364) (9,009) 0 0.0 Fund Balance, Beginning of Year 31,064 32,145 32,145 Fund Balance, End of Year 32,145 23,137 23,137 Fund Description Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 510 - SERVICE LEVEL"C"ZONE 10 MARTINIQUE FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments Use of Money and Property Investment Interest Total Revenues and Other Sources Expenditures by Category Salaries & Benefits Operations & Maintenance Total Expenditures and Other Financing Uses Excess of Revenues Over (Under) Expenditures Fund Balance, Beginning of Year Fund Balance, End of Year Fund Description 9,744 (102) 9,744 0 5,220 156 9,744 0 0 0 0.0 0.0 % 9,642 9,744 5,376 9,744 0 0.0 % 27 10,203 0 12,052 0 5,682 0 12,052 0 0 0.0% 0.0 % 10,230 12,052 5,682 12,052 0 0.0 % (588) (2,308) (306) (2,308) 0 0.0 14,882 14,294 14,294 14,294 11,987 11,987 Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 511 - SERVICE LEVEL"C"ZONE 11 MEADOWVIEW FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments Use of Money and Property Investment Interest Total Revenues and Other Sources Expenditures by Category Salaries & Benefits Operations & Maintenance Total Expenditures and Other Financing Uses Excess of Revenues Over (Under) Expenditures Fund Balance, Beginning of Year Fund Balance, End of Year Fund Description 2,450 (29) 2,450 0 1,225 35 2,450 0 0 0 0.0 0.0 2,421 2,450 1,260 2,450 0 0.0 % 2 2,854 0 2,379 0 1,692 0 2,379 0 0 0.0% 0.0 % 2,856 2,379 1,692 2,379 0 0.0 % (435) 71 (432) 71 0 0.0 3,923 3,488 3,488 3,488 3,560 3,560 Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 512 - SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 96,326 96,396 51,556 96,396 0 0.0 Use of Money and Property Investment Interest (733) 0 791 0 0 0.0 % Total Revenues and Other Sources 95,594 96,396 52,348 96,396 0 0.0 % Expenditures by Category Salaries & Benefits 6,821 0 0 0 0 0.0 Operations & Maintenance 119,428 113,543 88,082 113,543 0 0.0 % Total Expenditures and Other Financing Uses 126,249 113,543 88,082 113,543 0 0.0 % Excess of Revenues Over (Under) Expenditures (30,656) (17,147) (35,734) (17,147) 0 0.0 Fund Balance, Beginning of Year 116,858 86,202 86,202 Fund Balance, End of Year 86,202 69,056 69,056 Fund Description Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 513 - SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments Use of Money and Property Investment Interest Total Revenues and Other Sources Expenditures by Category Salaries & Benefits Operations & Maintenance Total Expenditures and Other Financing Uses Excess of Revenues Over (Under) Expenditures Fund Balance, Beginning of Year Fund Balance, End of Year Fund Description 34,173 (218) 34,224 0 18,213 335 34,224 0 0 0 0.0 0.0 33,955 34,224 18,548 34,224 0 0.0 % 684 29,369 0 38,151 0 26,913 0 38,151 0 0 0.0 0.0 % 30,052 38,151 26,913 38,151 0 0.0 % 3,902 (3,927) (8,365) (3,927) 0 0.0 30,775 34,677 34,677 34,677 30,751 30,751 Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 514 - SERVICE LEVEL"C"ZONE 14 MORRISON HOMES FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments Use of Money and Property Investment Interest Total Revenues and Other Sources Expenditures by Category Salaries & Benefits Operations & Maintenance Total Expenditures and Other Financing Uses Excess of Revenues Over (Under) Expenditures Fund Balance, Beginning of Year Fund Balance, End of Year Fund Description 14,774 (95) 14,774 0 7,743 115 14,774 0 0 0 0.0 0.0 14,679 14,774 7,858 14,774 0 0.0 % 2 14,806 0 16,247 0 12,423 0 16,247 0 0 0.0% 0.0 % 14,808 16,247 12,423 16,247 0 0.0 % (129) (1,473) (4,565) (1,473) 0 0.0 12,311 12,182 12,182 12,182 10,709 10,709 Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 515 - SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments Use of Money and Property Investment Interest Total Revenues and Other Sources Expenditures by Category Salaries & Benefits Operations & Maintenance Total Expenditures and Other Financing Uses Excess of Revenues Over (Under) Expenditures Fund Balance, Beginning of Year Fund Balance, End of Year Fund Description 9,904 (92) 9,800 0 4,900 127 9,800 0 0 0 0.0 0.0 9,812 9,800 5,027 9,800 0 0.0 % 2 10,090 0 11,038 0 6,111 0 11,038 0 0 0.0% 0.0 % 10,092 11,038 6,111 11,038 0 0.0 % (280) (1,238) (1,084) (1,238) 0 0.0 12,013 11,733 11,733 11,733 10,495 10,495 Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 516 - SERVICE LEVEL"C"ZONE 16 TRADEWINDS FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 38,022 37,800 19,775 37,800 0 0.0 Use of Money and Property Investment Interest (542) 0 959 0 0 0.0 % Total Revenues and Other Sources 37,480 37,800 20,734 37,800 0 0.0 % Expenditures by Category Salaries & Benefits 684 0 0 0 0 0.0 Operations & Maintenance 20,918 53,417 36,219 53,417 0 0.0 % Total Expenditures and Other Financing Uses 21,601 53,417 36,219 53,417 0 0.0 % Excess of Revenues Over (Under) Expenditures 15,879 (15,617) (15,486) (15,617) 0 0.0 Fund Balance, Beginning of Year 66,211 82,090 82,090 Fund Balance, End of Year 82,090 66,473 66,473 Fund Description Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 517 - SERVICE LEVEL"C"ZONE 17 MONTE VISTA FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments Use of Money and Property Investment Interest Total Revenues and Other Sources Expenditures by Category Salaries & Benefits Operations & Maintenance Total Expenditures and Other Financing Uses Excess of Revenues Over (Under) Expenditures Fund Balance, Beginning of Year Fund Balance, End of Year Fund Description 2,116 (17) 2,116 0 1,104 26 2,116 0 0 0 0.0 0.0 % 2,099 2,116 1,130 2,116 0 0.0 % 2 1,823 0 2,089 0 1,449 0 2,089 0 0 0.0% 0.0 % 1,826 2,089 1,449 2,089 0 0.0 % 273 27 (319) 27 0 0.0 2,293 2,566 2,566 2,566 2,594 2,594 Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 518 - SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 93,342 94,010 50,606 94,010 0 0.0 Use of Money and Property Investment Interest (473) 0 489 0 0 0.0 % Total Revenues and Other Sources 92,869 94,010 51,095 94,010 0 0.0 % Expenditures by Category Salaries & Benefits 4,094 0 0 0 0 0.0 Operations & Maintenance 98,813 89,427 69,821 89,427 0 0.0 % Total Expenditures and Other Financing Uses 102,906 89,427 69,821 89,427 0 0.0 % Excess of Revenues Over (Under) Expenditures (10,037) 4,583 (18,726) 4,583 0 0.0 Fund Balance, Beginning of Year 62,293 52,256 52,256 Fund Balance, End of Year 52,256 56,839 56,839 Fund Description Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 519 - SERVICE LEVEL"C"ZONE 19 CHANTEMAR FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments Use of Money and Property Investment Interest Total Revenues and Other Sources Expenditures by Category Salaries & Benefits Operations & Maintenance Total Expenditures and Other Financing Uses Excess of Revenues Over (Under) Expenditures Fund Balance, Beginning of Year Fund Balance, End of Year Fund Description 54,612 (604) 54,450 0 30,263 914 54,450 0 0 0 0.0 0.0 S4,009 S4,4S0 31,177 S4,4S0 0 0.0 % 5,731 48,160 0 82,041 0 61,096 0 82,041 0 0 0.0 0.0 % 53,891 82,041 61,096 82,041 0 0.0 % 118 (27,591) (29,920) (27,591) 0 0.0 87,754 87,872 87,872 87,872 60,280 60,280 Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 520 - SERVICE LEVEL"C"ZONE 20 CROWNE HILL FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 177,513 177,975 93,275 177,975 0 0.0 Use of Money and Property Investment Interest (1,698) 0 2,811 0 0 0.0 % Total Revenues and Other Sources 175,815 177,975 96,086 177,975 0 0.0 % Expenditures by Category Salaries & Benefits 13,638 0 0 0 0 0.0 Operations & Maintenance 139,232 191,303 142,683 191,303 0 0.0 % Total Expenditures and Other Financing Uses 152,870 191,303 142,683 191,303 0 0.0 % Excess of Revenues Over (Under) Expenditures 22,944 (13,328) (46,596) (13,328) 0 0.0 Fund Balance, Beginning of Year 232,805 255,749 255,749 Fund Balance, End of Year 255,749 242,422 242,422 Fund Description Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 521 - SERVICE LEVEL"C"ZONE 21 VAIL RANCH FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 228,591 228,201 119,889 228,201 0 0.0 Use of Money and Property Investment Interest (1,227) 0 1,689 0 0 0.0 % Total Revenues and Other Sources 227,365 228,201 121,577 228,201 0 0.0 % Expenditures by Category Salaries & Benefits 25,952 0 0 0 0 0.0 Operations & Maintenance 211,908 233,386 200,476 233,386 0 0.0 % Total Expenditures and Other Financing Uses 237,860 233,386 200,476 233,386 0 0.0 % Excess of Revenues Over (Under) Expenditures (10,495) (5,185) (78,899) (5,185) 0 0.0 Fund Balance, Beginning of Year 195,719 185,224 185,224 Fund Balance, End of Year 185,224 180,038 180,038 Fund Description Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 522 - SERVICE LEVEL"C"ZONE 22 SUTTON PLACE FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments Use of Money and Property Investment Interest Total Revenues and Other Sources Expenditures by Category Salaries & Benefits Operations & Maintenance Total Expenditures and Other Financing Uses Excess of Revenues Over (Under) Expenditures Fund Balance, Beginning of Year Fund Balance, End of Year Fund Description 4,408 (79) 4,408 0 2,320 121 4,408 0 0 0 0.0 0.0 4,329 4,408 2,441 4,408 0 0.0 % 2 3,793 0 5,955 0 3,234 0 5,955 0 0 0.0% 0.0 % 3,796 5,955 3,234 5,955 0 0.0 % 534 (1,547) (793) (1,547) 0 0.0 10,707 11,241 11,241 11,241 9,694 9,694 Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 523 - SERVICE LEVEL"C"ZONE 23 PHEASENT RUN % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments Use of Money and Property Investment Interest Total Revenues and Other Sources Expenditures by Category Salaries & Benefits Operations & Maintenance Total Expenditures and Other Financing Uses Excess of Revenues Over (Under) Expenditures Fund Balance, Beginning of Year Fund Balance, End of Year Fund Description 8,363 (188) 8,400 0 4,324 318 8,400 0 0 0 0.0 0.0 % 8,175 8,400 4,642 8,400 0 0.0 % 54 4,401 0 16,468 0 6,480 0 16,468 0 0 0.0% 0.0 % 4,455 16,468 6,480 16,468 0 0.0 % 3,720 (8,068) (1,838) (8,068) 0 0.0 23,667 27,387 27,387 27,387 19,319 19,319 Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 524 - SERVICE LEVEL"C"ZONE 24 HARVESTON FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 162,547 162,100 87,275 162,100 0 0.0 Use of Money and Property Investment Interest (302) 0 346 0 0 0.0 % Total Revenues and Other Sources 162,246 162,100 87,621 162,100 0 0.0 % Expenditures by Category Salaries & Benefits 10,927 0 0 0 0 0.0 Operations & Maintenance 155,928 162,041 127,694 162,041 0 0.0 % Total Expenditures and Other Financing Uses 166,855 162,041 127,694 162,041 0 0.0 % Excess of Revenues Over (Under) Expenditures (4,609) 59 (40,073) 59 0 0.0 Fund Balance, Beginning of Year 55,446 50,837 50,837 Fund Balance, End of Year 50,837 50,896 50,896 Fund Description Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 525 - SERVICE LEVEL"C"ZONE 25 SERENA HILLS FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments Use of Money and Property Investment Interest Total Revenues and Other Sources Expenditures by Category Salaries & Benefits Operations & Maintenance Total Expenditures and Other Financing Uses Excess of Revenues Over (Under) Expenditures Fund Balance, Beginning of Year Fund Balance, End of Year Fund Description 43,913 (492) 44,000 0 22,700 776 44,000 0 0 0 0.0 0.0 43,421 44,000 23,476 44,000 0 0.0 % 1,366 41,115 0 56,995 0 35,055 0 56,995 0 0 0.0 0.0 % 42,481 56,995 35,055 56,995 0 0.0 % 940 (12,995) (11,579) (12,995) 0 0.0 69,972 70,912 70,912 70,912 57,917 57,917 Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 526 - SERVICE LEVEL"C"ZONE 26 GALLERY TRADITION FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments Use of Money and Property Investment Interest Total Revenues and Other Sources Expenditures by Category Salaries & Benefits Operations & Maintenance Total Expenditures and Other Financing Uses Excess of Revenues Over (Under) Expenditures Fund Balance, Beginning of Year Fund Balance, End of Year Fund Description 2,025 (14) 2,160 0 1,215 20 2,160 0 0 0 0.0 0.0 % 2,011 2,160 1,235 2,160 0 0.0 % 2 1,929 0 2,110 0 1,326 0 2,110 0 0 0.0% 0.0 % 1,931 2,110 1,326 2,110 0 0.0 % 80 50 (91) 50 0 0.0 1,921 2,001 2,001 2,001 2,050 2,050 Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 527 - SERVICE LEVEL" C"ZONE 27 AVONDALE FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments Use of Money and Property Investment Interest Total Revenues and Other Sources Expenditures by Category Salaries & Benefits Operations & Maintenance Total Expenditures and Other Financing Uses Excess of Revenues Over (Under) Expenditures Fund Balance, Beginning of Year Fund Balance, End of Year Fund Description 9,071 (68) 9,100 0 4,897 97 9,100 0 0 0 0.0 0.0 9,003 9,100 4,993 9,100 0 0.0 % 27 8,605 0 11,120 0 5,716 0 11,120 0 0 0.0% 0.0 % 8,632 11,120 5,716 11,120 0 0.0 % 371 (2,020) (723) (2,020) 0 0.0 9,261 9,632 9,632 9,632 7,612 7,612 Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 528 - SERVICE LEVEL"C"ZONE 28 WOLF CREEK FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 234,250 232,974 123,258 232,974 0 0.0 Use of Money and Property Investment Interest (5,457) 0 4,835 0 0 0.0 % Total Revenues and Other Sources 228,793 232,974 128,093 232,974 0 0.0 % Expenditures by Category Salaries & Benefits 27,314 0 0 0 0 0.0 Operations & Maintenance 216,874 230,690 185,462 230,690 0 0.0 % Transfers 28,346 371,654 0 371,654 0 0.0 % Total Expenditures and Other Financing Uses 272,534 602,344 185,462 602,344 0 0.0 % Excess of Revenues Over (Under) Expenditures (43,741) (369,370) (57,368) (369,370) 0 0.0 Fund Balance, Beginning of Year 651,979 608,238 608,238 Fund Balance, End of Year 608,238 238,868 238,868 Fund Description Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 529 - SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments Use of Money and Property Investment Interest Total Revenues and Other Sources Expenditures by Category Salaries & Benefits Operations & Maintenance Total Expenditures and Other Financing Uses Excess of Revenues Over (Under) Expenditures Fund Balance, Beginning of Year Fund Balance, End of Year Fund Description 5,301 (53) 4,462 0 2,231 92 4,462 0 0 0 0.0 0.0 5,248 4,462 2,323 4,462 0 0.0 % 2 2,201 0 3,978 0 2,762 0 3,978 0 0 0.0% 0.0 % 2,202 3,978 2,762 3,978 0 0.0 % 3,046 484 (439) 484 0 0.0 5,195 8,241 8,241 8,241 8,725 8,725 Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 191 - TCSD SERVICE LEVEL "B" STREETLIGHT REPLACEMENT FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Use of Money and Property Investment Interest 0 0 9,820 0 0 0.0 % Operating Transfers In Operating Transfers In 852,930 200,000 0 200,000 0 0.0 Total Revenues and Other Sources 852,930 200,000 9,820 200,000 0 0.0 % Expenditures by Category Operations & Maintenance 87 0 0 0 0 0.0 Total Expenditures and Other Financing Uses 87 0 0 0 0 0.0 % Excess of Revenues Over (Under) Expenditures 852,843 200,000 9,820 200,000 0 0.0 % Fund Balance, Beginning of Year 0 852,843 852,843 Fund Balance, End of Year 852,843 1,052,843 1,052,843 Fund Description This fund was established to accumulate resources for the replacement of street light equipment, poles and lightbulbs, as the City has acquired street lights from Southern California Edison, and to install new street lights as needed throughout the City. Each year, $200,000 is transferred to this fund from the TCSD Service Level "B" Street Lights Fund (Fund 192). Item No. 18 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Erica Russo, Director of Community Services DATE: September 12, 2023 SUBJECT: Approve First Amendment with Shawna Sarnowski for Photography Services PREPARED BY: Willie Augustine, Community Services Supervisor I RECOMMENDATION: That the Board of Directors approve the first amendment with Shawna Sarnowski to increase payment in the amount of $75,000 for a total agreement amount of $275,000 through July 31, 2026. BACKGROUND: In July 2021, the Temecula Community Services District entered into an agreement with Shawna Sarnowski for photography services at events and programs. Due to the high -quality, professional, reliable, and timely services we receive, we are amending the agreement for increased payment and amending the total term of the agreement, for photography at additional events and programs. This amendment will increase the amount of the agreement by $75,000, for a total agreement amount of $275,000 over the term of the agreement, which will be July 31, 2026. FISCAL IMPACT: Adequate funds have been requested as part of the Fiscal Year 2023- 24 Annual Operating Budget. Funds for future fiscal years will be requested as part of the normal annual budget process. ATTACHMENTS: First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND SHAWNA SARNOWSKI PHOTOGRAPHY SERVICES AT EVENTS AND PROGRAMS THIS FIRST AMENDMENT is made and entered into as of September 12, 2023, by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Shawna Sarnowski, 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 July 1, 2021, the City and Consultant entered into that certain Agreement entitled "Agreement for Consultant Services," in the amount of $200,000.00. b. The parties now desire to increase the payment in the amount of $275,000.00 for the total term of the Agreement and to amend the Agreement as set forth in this Amendment. 2. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed Two Hundred Seventy -Five Thousand Dollars and No Cents ($ 275,000.00), for the total term of the Agreement. 3. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021 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: Peter M. Thorson, General Counsel SHAWNA SARNOWSKI e Shawna Sarnowski, Owner CONSULTANT Shawna Sarnowski PO Box 2405 Temecula, CA 92593 shawnasarnowski ftahoo.com (951) 768-3930 F, City Purchasing Mgr. Initials and Date: I 08/09/2021 ATTACHMENT A EXHIBIT B PAYMENT RATES AND SCHEDULE Cost for services shall be as per Consultant's attached proposal but in no event shall the total cost of services exceed $275,000.00 for the total term of Agreement unless additional payment is approved as provided in the Payment section of this Agreement. The not to exceed payment amount listed herein is an estimated expenditure and this Agreement does not guarantee Consultant this amount in services. Payment rate and schedule to be determined per requested service and upon approved quote. Agreement amount shall not exceed $275,000.00 for the total term of the Agreement. FEES (NOT APPLICABLE TO THEATER AGREEMENT FLAT FEE) Thotography Rate Year 1 Year 2 Year 3 Year 4 Year 5 Less than 1 hour $120.00 $125.00 $130.00 $135.00 $140_00 Less than 2 hours $170.00 $175.00 $180.00 $185.00 $190.00 Less than 4 hours $220.00 $225.00 $230.00 $235.00 $240.00 Less than 8 hours $420.00 $425.00 $430.00 $435.00 $440.00 Each Additional hour after 8 $50.00 $50.00 $50.00 $50.00 $50.00 08/09/2021 Item No. 19 THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Board of Directors FROM: Jennifer Hennessy, Director of Finance DATE: September 12, 2023 SUBJECT: Approve Financial Statements for the 3rd Quarter Ended March 31, 2023 PREPARED BY: Jennifer Hennessy, Director of Finance RECOMMENDATION: That the Board of Directors receive and file the financial statements for the 3rd quarter ended March 31, 2023. BACKGROUND: The attached financial statements reflect the unaudited activity of the Successor Agency to the Temecula Redevelopment Agency for the 3rd quarter ended March 31, 2023. FISCAL IMPACT: None ATTACHMENTS: SARDA Fund Summaries Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 380 - SARDA DEBT SERVICE FUND % Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Taxes and Franchises Redevelopment Property Tax Fund 0 7,127,194 0 7,127,194 0 0.0 Distribution Use of Money and Property Investment Interest 11,926 0 129,139 0 0 0.0 % Operating Transfers In Operating Transfers In 9,636,926 0 4,139,003 0 0 0.0 Total Revenues and Other Sources 9,648,852 7,127,194 4,268,142 7,127,194 0 0.0 % Expenditures by Category Operations & Maintenance 1,571,207 299,172 172,893 299,172 0 0.0 Debt Service - Principal 0 2,625,000 2,625,000 2,625,000 0 0.0 Debt Service - Interest 3,070,844 2,975,694 1,514,003 2,975,694 0 0.0 Transfers 7,416,607 7,653,330 781,177 7,653,330 0 0.0 % Total Expenditures and Other Financing Uses 12,058,657 13,553,196 5,093,073 13,553,196 0 0.0 % Excess of Revenues Over (Under) Expenditures (2,409,805) (6,426,002) (824,931) (6,426,002) 0 0.0 % Fund Balance, Beginning of Year (33,782,877) (36,192,682) (36,192,682) Fund Balance, End of Year (36,192,682) (42,618,684) (42,618,684) Fund Description The Successor Agency to the Redevelopment Agency (SARDA) Debt Service Fund was established to account for payment obligations of the Successor Agency as a result of the State's dissolution of Redevelopment Agencies. This is a private -purpose trust fund that is used to account for resources held and administered by the SARDA acting in a fiduciary capacity for other governments. Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 381 - REDEVELOPMENT PROPERTY TAX TRUST FUND Change 2022-23 Year to Date 2022-23 Q3 from 2021-22 Current Actuals Revised Requested Current Description Actuals Budget 3-31-2023 Budget Adjustments Budget Revenues by Source Taxes and Franchises Redevelopment Property Tax Fund 7,066,129 0 3,220,213 0 0 0.0 Distribution Use of Money and Property Investment Interest (13,985) 0 1,894 0 0 0.0 % Total Revenues and Other Sources 7,052,144 0 3,222,107 0 0 0.0 Expenditures by Category Transfers 9,636,925 0 4,139,003 0 0 0.0 Total Expenditures and Other Financing Uses 9,636,925 0 4,139,003 0 0 0.0 Excess of Revenues Over (Under) Expenditures (2,584,781) 0 (916,896) 0 0 0.0 Fund Balance, Beginning of Year Fund Balance, End of Year Fund Description 1,399,349 (1,185,432) (1,185,432) (1,185,432) (1,185,432) (1,185,432) REQUESTS TO SPEAK REQUEST TO SPEAK CITY OF TEMECULA Date: q^ 1 Z.z3 Public Comment: Non -Agenda Item: Agenda Item: El Future Agenda Item: Item Description or Item No. 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: "�' ��� / " " I 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 CITY OF TEMECULA Date: ` / /G /Z J Public Comment: Non -Agenda Item: LZJ Agenda Item: ❑ Future Agenda Item: ❑ Item Description or Item No. 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. �l Name: l� V1rIS��'C, 0fl "ice Address: ` Email address: If you are representing an organization or roup, please give the name: Phone Number: (�� �� � A _/ Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Public Comment: Non -Agenda Item: Item Description or Item No. REQUEST TO SPEAK CITY OF TEMECULA Date: v I Agenda Item: ❑ Future Agenda Item: ❑ N-C "-s"o T�lv 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: , 4 ✓Y7 L'CIAl f�t�1 2- Cj Z Email add --� If you are representing an organization or group, plea 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 n Date: ' \ � 12 I Z 22 Public Comment: Non -Agenda Item: Cl Agenda Item: Future Agenda Item: Item Description or Item No l/ Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: Phone Number: Address: `" Email address: \ If you are representing an organization or group, please give the name�e %ell- Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. / �_N REQUEST TO SPEAK CITY OF TEMECULA 1989 Date: Public Comment: Non -Agenda Item: 5? Agenda Item: Future Agenda Item: ❑ Item Description or Item No. 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., 1 Name Addres Email a 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 1989 Date: l% ZZ3 Public Comment: Non -Agenda Item: Agenda Item: Future Agenda Item: Item Description or Item No. / 2 0S Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk REiqf 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-'`tom (J l e De2,4 Phone Number: Address: Email address: �� � / 1 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.