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HomeMy WebLinkAbout021213 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET FEBRUARY 12, 2013 — 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:00 P.M. — The City Council will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) The City Council will meet in closed session with its designated representatives to discuss labor negotiations pursuant to Government Code Section 54957.6. The City's designated representatives are: Interim City Manager Aaron Adams; Special Labor Relations Counsel Jeff Freedman; City Attorney Peter Thorson, Director of Public Works Greg Butler, and Sr. Human Resources Analyst Isaac Garibay. The employee organization is the California Teamsters Public, Professional and Medical Employees Union Local 911. 2) The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9 (d)(2) and (4) with respect to a matter of potential litigation and will discuss whether to initiate litigation and intervene in the bankruptcy action involving the YMCA of Riverside City and County, Bankruptcy Petition No. 6:12-bk-38087-MH, Central District of California (Riverside). 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. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: 13-02 Resolution: 13-07 CALL TO ORDER: Mayor Mike Naggar Prelude Music: Great Oak High School Jazz Combo Invocation: Lead Pastor John Ruhlman of Sandals Church Flag Salute: Council Member Roberts 1 ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar PRESENTATIONS/PROCLAMATIONS Presentation to the City Council by the Great Oak High School Band regarding their recent trip to England Presentation to the City Council of SCE Rebate Check PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the City Council on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk prior to the City Council addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the City Council addressing that item. Each speaker is limited to five minutes. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, 10 minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of January 22, 2013. 2 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurers Report as of December 31, 2012 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of December 31, 2012. 5 Approval of Fiscal Year 2012-13 Mid -Year Budget Adjustments RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 2012-2013 ANNUAL OPERATING BUDGET 5.2 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS 6 Purchase of the annual maintenance/software support with Tyler Technologies for the Eden Systems Suite RECOMMENDATION: 6.1 Approve the purchase of the annual maintenance/software support with Tyler Technologies for the Eden Systems Suite in the amount of $38,025.97. 7 Agreement for Consultant Services between the City of Temecula and Helixstorm, Inc. for Information Technology Services RECOMMENDATION: 7.1 Approve an Agreement for Consultant Services between the City of Temecula and Helixstorm, Inc. for Information Technology Infrastructure Support up to the amount of $100,000. 3 8 Sponsorship Agreement with P&R Foundation for the 2013 Temecula Rod Run on March 8 and 9, 2013 RECOMMENDATION: 8.1 Approve the Sponsorship Agreement with P&R Foundation for in-kind City staff support and promotional services in the amount $62,000 for the Temecula Rod Run. 9 Renew the Abandoned Vehicle Abatement Program with the County of Riverside RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE EXTENSION OF THE SERVICE FEE COLLECTED ON BEHALF OF THE RIVERSIDE COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY UNTIL MAY 2024 10 Second Amendment to Agreement for Consulting Services between the City of Temecula and RBF Consulting for an Environmental Impact Report (EIR) for the Temecula Creek Inn Specific Plan RECOMMENDATION: 10.1 Approve the Second Amendment to the Agreement for Consultant Services with RBF Consulting for $45,500, plus an additional contingency of $20,000, for a total Amendment of $65,500, and a total Agreement amount of $394,250, for additional consulting services in the preparation of an Environmental Impact Report (EIR) for the Temecula Creek Inn Specific Plan. 11 Acceptance of all housing assets being transferred from the Successor Agency to the Temecula Redevelopment Agency pursuant to ABX1 26 and AB 1484 RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING ALL OF THE HOUSING ASSETS BEING TRANSFERRED FROM THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY PURSUANT TO ABX1 26 AND AB 1484 4 12 Grant of Easement to Southern California Edison within Old Town City -owned Parking Lot (APN 922-046-025) RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA GRANTING AN EASEMENT TO THE SOUTHERN CALIFORNIA EDISON COMPANY LOCATED WITHIN OLD TOWN CITY -OWNED PARKING LOT (APN 922-046-025) 13 Acceptance of Improvements and Notice of Completion for the Traffic Safety and Bridge Light Retrofit Project, PW12-08 RECOMMENDATION: 13.1 Accept the construction of the Traffic Safety and Bridge Light Retrofit Project, PW 12-08, as complete; 13.2 Direct the City Clerk to file and record the Notice of Completion. 14 Reject all Construction Bids for the Community Recreation Center Ornamental Picket Fence Replacement, PW12-21 RECOMMENDATION: 14.1 Reject all Construction Bids for the Community Recreation Center Ornamental Picket Fence Replacement, PW12-21; 14.2 Authorize the Department of Public Works to re -advertise the Community Recreation Center Ornamental Picket Fence Replacement, PW12-21 for Construction Bids. 15 Approval of Plans and Specifications and Authorization to Solicit Construction Bids for the Pechanga Parkway Environmental Mitigation Project, PW11-01 RECOMMENDATION: 15.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Pechanga Parkway Environmental Mitigation Project, PW11-01. 16 Roripaugh Ranch Project - Assignment of TUMF Credit Agreement RECOMMENDATION: 16.1 Approve the Assignment of and Consent to Assignment of Contracts agreement between Sunwood Roripaugh Ranch, LLC, Roripaugh Temecula 113, and the City of Temecula. 5 ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY ******************** 6 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 13-01 Resolution: No. CSD 13-01 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Board of Directors on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk prior to the Board of Directors addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or District Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Board of Directors addressing that item. Each speaker is limited to five minutes. CSD CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Temecula Community Services District request specific items be removed from the Consent Calendar for separate action. 17 Action Minutes RECOMMENDATION: 17.1 Approve the action minutes of January 22, 2013. 18 Approval of Fiscal Year 2012-13 Mid -Year Budget Adjustments RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. CSD 13- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 2012-13 ANNUAL OPERATING BUDGETS 7 19 Approval of Plans and Specification and Authorization to Solicit Construction Bids for the Great Oak High School Tennis Court Lighting Project, PW12-03 RECOMMENDATION: 19.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Great Oak High School Tennis Court Lighting Project, PW12-03. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, February 26, 2013, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 8 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. SARDA 13-01 Resolution: No. SARDA 13-01 CALL TO ORDER: Chairperson Mike Naggar ROLL CALL: DIRECTORS: Comerchero, Edwards, Roberts, Washington, Naggar SARDA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk prior to the Board of Directors addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Agency Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Board of Directors addressing that item. Each speaker is limited to five minutes. SARDA CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Successor Agency to the Temecula Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. 20 Action Minutes RECOMMENDATION: 20.1 Approve the action minutes of December 11, 2012. 21 Transfer of all housing assets from the Successor Agency to the Temecula Redevelopment Agency to the City of Temecula as Successor Housing Agency pursuant to ABX1 26 and AB 1484 21.1 Adopt a resolution entitled: RESOLUTION NO. SARDA 13- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY TRANSFERRING ALL HOUSING ASSETS LISTED ON THE HOUSING ASSET LIST TO THE CITY OF TEMECULA AS HOUSING SUCCESSOR AGENCY PURSUANT TO ABX1 26 AND AB 1484 9 SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTORS REPORTS SARDA ADJOURNMENT Next regular meeting: Tuesday, February 26, 2013, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 10 TEMECULA HOUSING AUTHORITY — no meeting TEMECULA PUBLIC FINANCING AUTHORITY — no meeting 11 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 22 Approval for levying an assessment for Fiscal Year 2013-14 in connection with the Temecula Valley Tourism Business Improvement District (TVTBID) RECOMMENDATION: 22.1 Conduct a public hearing to consider protests regarding the levy of an assessment in conjunction with the Temecula Valley Tourism Business Improvement District; 22.2 Instruct the City Clerk to tabulate any written protests which might be received prior to the close of the public hearing regarding the levy of the District; 22.3 If the City Clerk reports that there is riot a majority protest received regarding this District, then adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA LEVYING AN ASSESSMENT FOR FISCAL YEAR 2013-2014 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) CITY COUNCIL BUSINESS 23 Ordinance Amending Section 10.28.010(D) of the Temecula Municipal Code Regarding Prima Facie Speed Limits on Certain Streets RECOMMENDATION: 23.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS 12 24 Reinstate Old Town Civic Center Ad Hoc Subcommittee and Appoint Members of the City Council to Serve on the Ad Hoc Subcommittee RECOMMENDATION: 24.1 Reinstate the Old Town Civic Center Ad Hoc Subcommittee and appoint two members of the City Council to serve on the Ad Hoc Subcommittee. CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, February 26, 2013, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NONCE TO THE PUBLIC The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the agenda packet may also be accessed on the City's website — www.cityoftemecula.orq — and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material will be made available on the City's website — www.cityoftemecula.orq — and will be available for public review at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the City Clerk's Department, (951) 694- 6444. 13 CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JANUARY 22, 2013 — 7:00 PM 6:00 P.M. — The City Council convened in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9 (b) and (c) with respect to a matter of potential litigation and will discuss whether to initiate litigation and intervene in the bankruptcy action involving the YMCA of Riverside City and County, Bankruptcy Petition No. 6:12-bk-38087-MH, Central District of California (Riverside). 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. 2) The City Council will meet in closed session with City Attorney pursuant to Government Code Section 54956.9(a) with respect to the following matter of pending litigation concerning the Certified EIR for the Liberty Quarry project to which the City is the Plaintiff/Petitioner: "City of Temecula v. County of Riverside, et. al., Granite Construction Co. et. aL, real party in interest" Riverside County Superior Court No. RIC 1211312. 3) The City Council will meet in closed session with City Attorney pursuant to Government Code Section 54956.9(a) with respect to the following matter of pending litigation concerning the Riverside County Fast Track Policy to which the City is the Plaintiff/Petitioner: "City of Temecula v. County of Riverside, et. aL," Riverside County Superior Court No. RIC 1215119. 4) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding real property negotiations for the sale of portions of the following real properties needed for the Riverside County Flood Control and Water Conservation District and the United States Army Corps of Engineers' Murrieta Creek Environmental Restoration and Recreation Project: A. A portion of the real property owned by the City of Temecula. The subject real property is improved with the Old Town Temecula Community Theater and is identified as Riverside County Assessor's Parcel Number 922-036-037. The property has a frontage on Murrieta Creek. The negotiating parties are the City of Temecula and the Riverside County Flood Control and Water Conservation District. B. A portion of the real property owned by the City of Temecula. The subject real property is improved with the Pennypickle's Workshop, Temecula Children Museum, and is identified as Riverside County Assessor's Parcel Number 922-036-042. The property has a frontage Action Minutes 012213 1 on Murrieta Creek. The negotiating parties are the City of Temecula and the Riverside County Flood Control and Water Conservation District. C. A portion of the real property owned by the Successor Agency to the Temecula Redevelopment Agency (SARDA). The subject real property is a vacant parcel within the City of Temecula and is identified as Riverside County Assessor's Parcel Number 922-053-020. The property has a frontage on Murrieta Creek. The negotiating parties are the City of Temecula and the Riverside County Flood Control and Water Conservation District. D. A portion of the real property owned by the Successor Agency to the Temecula Redevelopment Agency (SARDA). The subject real property is a vacant parcel within the City of Temecula and is identified as Riverside County Assessor's Parcel Number 922-053-021. The negotiating parties are the City of Temecula and the Riverside County Flood Control and Water Conservation District. E. A portion of the real property owned by the City of Temecula. The subject real property is improved with the Temecula Stampede parking, south side, and is identified as Riverside County Assessor's Parcel Number 922-073-024. The property has a frontage on Murrieta Creek. The negotiating parties are the City of Temecula and the Riverside County Flood Control and Water Conservation District. F. A portion of the real property owned by the City of Temecula. The subject real property is improved with the Temecula Stampede parking, north side and is identified as Riverside County Assessor's Parcel Number 922-046-025. The property has a frontage on Murrieta Creek. The negotiating parties are the City of Temecula and the Riverside County Flood Control and Water Conservation District. The City negotiators for each of these parcels are Greg Butler and Amer Attar. Under negotiation are the price and terms of the sale for each of the parcels. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. At 6:00 P.M., Mayor Naggar called the City Council meeting to order and recessed to Closed Session to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:02 P.M. CALL TO ORDER: Mayor Mike Naggar Prelude Music: Chaparral High School Cast of Legally Blonde Invocation: Senior Pastor Sandy Bentz of Hope Lutheran Church Action Minutes 012213 2 Flag Salute: Mayor Pro Tem Edwards ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar PRESENTATIONS/PROCLAMATIONS Certificate of Appreciation to Susan Miyamoto PUBLIC COMMENTS The following individuals addressed the City Council: • Torgen Johnsen • Ace Hoffman • Kevin Higgins • David Rosenthal • Jane Laskin • Craig Puma • Ernie White • Pauline Nelson • Wayne Hall CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (4-0-1, Council Member Washington absent) The motion was made by Council Member Edwards; it was seconded by Council Member Comerchero; and electronic vote reflected approval, with Council Member Washington absent. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes — Approved Staff Recommendation (4-0-1, Council Member Washington absent) The motion was made by Council Member Edwards; it was seconded by Council Member Comerchero; and electronic vote reflected approval, with Council Member Washington absent. RECOMMENDATION: 2.1 Approve the action minutes of January 8, 2013. 3 List of Demands — Approved Staff Recommendation (4-0-1, Council Member Washington absent) The motion was made by Council Member Comerchero; it was seconded by Council Member Roberts; and electronic vote reflected approval, with Council Member Washington absent. Action Minutes 012213 3 The following individual addressed the City Council on this item: • Ernie White RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 13-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 U.S. House of Representatives District Office Lease Agreement with Congressman Duncan Hunter at Temecula Civic Center — Approved Staff Recommendation (4-0-1, Council Member Washington absent) The motion was made by Council Member Edwards; it was seconded by Council Member Comerchero; and electronic vote reflected approval, with Council Member Washington absent. RECOMMENDATION: 4.1 Approve U.S. House of Representatives District Office Lease Agreement with Congressman Duncan Hunter at Temecula Civic Center; 4.2 Accelerate an appropriation of $15,000 in DIF Corporate Facility funds from Fiscal Year 2013-14 to Fiscal Year 2012-13. 5 2013 Workers' Compensation Coverage Annual Renewal — Approved Staff Recommendation (4-0-1, Council Member Washington absent) The motion was made by Council Member Edwards; it was seconded by Council Member Comerchero; and electronic vote reflected approval, with Council Member Washington absent. RECOMMENDATION: 5.1 Approve a contract with the City's current Workers' Compensation Insurance Carrier, Travelers Insurance Company, to continue as the City's Employee Workers' Compensation Insurance Carrier from February 1, 2013 to February 1, 2014, at an estimated premium cost of $346,780. 6 Fifth Amendment to "Cooperation Agreement between the City of Temecula and Friends of the Temecula Children's Museum for the Support of the Temecula Children's Museum and Operation of the Children's Museum Gift Shop" — Approved staff recommendation (3-0-1-1, Council Member Comerchero abstained and Council Member Washington absent) Council Member Roberts made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with Council Member Comerchero removing himself from the Chambers and abstaining, and Council Member Washington absent. Action Minutes 012213 4 Council Member Comerchero made an announcement prior to leaving the Chambers before the beginning of this item, that although his wife Pat Comerchero is no longer on the Board of Directors of the Temecula Children's Museum, he would stay consistent and abstain on this item. The following individual addressed the City Council on this item: • Ernie White RECOMMENDATION: 6.1 Approve the Fifth Amendment to "Cooperation Agreement between the City of Temecula and Friends of the Temecula Children's Museum for the Support of the Temecula Children's Museum and Operation of the Children's Museum Gift Shop." 7 Approval of the Fiscal Year 2013-14 Temecula Valley Tourism Business Improvement District (TVTBID) Advisory Board's Annual Report and Levy of an Assessment against Lodging Businesses within the TVTBID for Fiscal Year 2013-14 — Approve Staff Recommendation (4-0-1, Council Member Washington absent) Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval, with Council Member Washington absent. The following individual addressed the City Council on this item: • Ernie White RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 13-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE REPORT OF THE ADVISORY BOARD FOR FISCAL YEAR 2013-14 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) 7.2 Adopt a resolution entitled: RESOLUTION NO. 13-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO LEVY AN ASSESSMENT AGAINST LODGING BUSINESSES WITHIN THE TEMECULA VALLEY BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2013-14 AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF Action Minutes 012213 5 8 An additional expenditure of $6,557 to Western Riverside Council of Governments (WRCOG) for a contract total of $66,557 to perform additional tasks/work above and beyond the original scope of work (Long Range Planning Project No. LR10-0017) — Approved staff recommendation (4-0-1, Council Member Washington absent) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with Council Member Washington absent. RECOMMENDATION: 8.1 Approve an additional expenditure of $6,557 to Western Riverside Council of Governments (WRCOG) for a contract total of $66,557 to perform additional tasks/work above and beyond the original scope of work. 9 Summary Vacation of Slope Easement adjacent to Murrieta Hot Springs Road at Red Bridge Road in Tract Map No. 29353-1 — Approved staff recommendation (4-0-1, Council Member Washington absent) Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with Council Member Washington absent. RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 13-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUMMARILY VACATE A SLOPE EASEMENT ADJACENT TO MURRIETA HOT SPRINGS ROAD WITHIN TRACT MAP NO. 29353-1 PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 4, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAYS CODE 10 Approval of Plans and Specifications and Authorization to Solicit Construction Bids for the Citywide Pavement Rehabilitation Program, PW10-15, Rancho Vista Road (Margarita to Paseo Goleta) — Approved staff recommendation (4-0-1, Council Member Washington absent) Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with Council Member Washington absent. RECOMMENDATION: 10.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Pavement Rehabilitation Program, PW10-15, Rancho Vista Road (Margarita to Paseo Goleta); 10.2 Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Action Minutes 012213 6 11 Second reading of Ordinance No. 13-01 — Approved staff recommendation (4-0-1, Council Member Washington absent) Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with Council Member Washington absent. RECOMMENDATION: 11.1 Adopt an ordinance entitled: ORDINANCE NO. 13-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 18 (GRADING, EROSION AND SEDIMENT CONTROL) OF THE TEMECULA MUNICIPAL CODE IN ITS ENTIRETY TO ADD A NEW TITLE 18 ENTITLED "CONSTRUCTION, GRADING AND ENCROACHMENT" TO MAKE CONSISTENT WITH THE 2010 CALIFORNIA BUILDING CODE AND TO MAKE OTHER MINOR RE -ORGANIZATIONAL REVISIONS RECESS At 7:52 P.M., the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:56 P.M., the City Council resumed with regular business. PUBLIC HEARING 13 A General Plan Amendment to change the land use designation from Medium Density Residential to High Density Residential, a Zoning Text Amendment to revise the text for Planned Development Overlay -11 (PDO -11), a Development Plan to construct 120 apartment units, and a Mitigated Negative Declaration for a 7.24 acre site, located at the northeast corner of Mira Loma Drive and Rancho Vista Road (Planning Application Nos. PA12-0034 and PA12-0033) — Continued from January 8, 2013 — Continued the public hearing to the meeting of February 26, 2013. (4-0-1, Council Member Washington absent) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with Council Member Washington absent. RECOMMENDATION: 13.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO THE GENERAL PLAN TO CHANGE THE LAND USE PLAN MAP FROM MEDIUM DENSITY RESIDENTIAL (M) TO HIGH DENSITY RESIDENTIAL (H), AND A ZONING TEXT AMENDMENT TO REVISE THE TEXT FOR PLANNED DEVELOPMENT OVERLAY -11 (PDO -11) FOR 7.24 ACRES LOCATED AT THE NORTHEAST CORNER OF MIRA LOMA DRIVE AND RANCHO VISTA ROAD (PLANNING APPLICATION NO. PA12-0034) (APN 944-060-006) Action Minutes 012213 7 13.2 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN APPLICATION FOR THE RANCHO VISTA VILLAGE APARTMENTS LOCATED AT THE NORTHEAST CORNER OF MIRA LOMA DRIVE AND RANCHO VISTA ROAD (PLANNING APPLICATION NO. PA12-0033) (APN 944-060-006) 13.3 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR A GENERAL PLAN AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL (M) TO HIGH DENSITY RESIDENTIAL (H); A ZONING TEXT AMENDMENT TO REVISE THE TEXT FOR PLANNED DEVELOPMENT OVERLAY -11 (PDO -11); AND A DEVELOPMENT PLAN TO CONSTRUCT 120 APARTMENT UNITS ON 7.24 ACRES LOCATED AT THE NORTHEAST CORNER OF MIRA LOMA DRIVE AND RANCHO VISTA ROAD (APN 944-060-006) CITY COUNCIL BUSINESS 14 Selection of 2013 City Council Committee Assignments — Approved staff recommendation as amended (4-0-1, Council Member Washington absent) Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval. The following individual spoke on this item: • Ernie White RECOMMENDATION: 14.1 Appoint a member of the City Council to serve as liaison to each of the City Commissions and Committees: Commission Liaison (One Member) Current Member Community Services Commission Comerchero Old Town Local Review Board Washington Planning Commission Naggar Public/Traffic Safety Commission Edwards 14.2 Appoint two members of the City Council to serve on each of the following Standing Committees: Action Minutes 012213 8 Standing Committees (Two Members) Current Members City Sustainability Program Committee Roberts, Washington Economic Development Committee Washington, Roberts Old Town Steering Committee Naggar, Roberts Finance Committee Naggar, Washington Infrastructure Beautification Committee Edwards, Naggar Joint City Council/TVUSD Committee Edwards, Washington Murrieta/Temecula Committee Naggar, Washington Public Works Committee Edwards, Roberts Southwest Cities Coalition Committee Edwards, Comerchero Youth, Family and Health Regional Task Force Naggar, Edwards 14.3 Appoint member(s) of the City Council to serve on each of the following Representative Assignments (External Organizations — does not include a stipend): Representative Assignments (External Organizations) Current Member(s) Animal Shelter Liaison/JPA Representative Edwards League of California Congress — 2013 Voting Delegate Naggar, (Alternate Edwards) Military Liaison Representative Comerchero National League of Cities Annual Congress — 2013 Voting Delegate Naggar, (Alternate Edwards) Pechanga Tribal Council Liaison Roberts, (Alternate Naggar) Rancho California Water District Liaison Comerchero, Roberts Riverside County Child Safety Commission/School District Liaison Edwards - ---- —e - Washington ----- ---- --- -.----------- -'e Ad Hoc Subcommittee} create Temecula Sister City Liaison Roberts 14.4 Appoint member(s) of the City Council to serve on each of the following Representative Assignments (External Organizations — may include a stipend): Representative Assignments (External Organizations) Current Member(s) RCA Representative Edwards, (Alternate Roberts) Riverside County Habitat Conservation Agency Board Edwards, (Alternate WashingtonL Riverside County Transportation Commission Roberts, (Alternate Comerchero) Riverside Transit Agency Representative Comerchero, (Alternate Edwards) WRCOG Executive Committee and Zone Committee Washington, (Alternate Roberts) 14.5 Appoint members of the City Council to serve on each of the following Ad Hoc Subcommittees: Action Minutes 012213 9 Ad Hoc Subcommittees (Two members) Current Members Arts and Cultural Affairs Ad Hoc Subcommittee Comerchero, Edwards Civic Center Concert Ad Hoc Subcommittee Comerchero, Washington Community Service Funding Ad Hoc Subcommittee Naggar, Washington Diaz Property Ad Hoc Subcommittee Naggar, Washington eGovernment and Temecula Outreach Ad Hoc Subcommittee Comerchero, Edwards Firestone Property Ad Hoc Subcommittee Comerchero, Naggar French Valley Parkway Interchange Ad Hoc Subcommittee Comerchero, Roberts Higher Education Ad Hoc Subcommittee Naggar, Washington Inclusive Play Structure Ad Hoc Subcommittee Naggar, Comerchero Jefferson Corridor Ad Hoc Subcommittee Roberts, Comerchero Luxury Car Dealership Ad Hoc Subcommittee Washington, Roberts Nicolas Valley Ad Hoc Subcommittee Roberts, Washington Old Town Civic Center Ad Hoc Subcommittee (recommend Comcrchcro, Roberts deletion) Old Town Gym Ad Hoc Subcommittee Comerchero, Washington Parks and Recreation Ad Hoc Subcommittee Comerchero, Washington Promenade Mall Ad Hoc Subcommittee Comerchero, Washington Public Facilities Ad Hoc Subcommittee Edwards, Roberts Quality of Life Master Plan Ad Hoc Subcommittee Roberts, Washington Ronald Reagan Sports Park Ad Hoc Subcommittee Edwards, Naggar Roripaugh Ranch Ad Hoc Subcommittee Comerchero, Roberts Santa Margarita Annexation Ad Hoc Subcommittee Edwards, Comcrchcro (recommend deletion) Small Business Incubator Ad Hoc Subcommittee Comerchero, Washington South Temecula Land and Transportation Ad Hoc Subcommittee Roberts, Washington Summerhouse Development Ad Hoc Subcommittee Roberts, Washington Teen Village Ad Hoc Subcommittee Comerchero, Washington Temecula Healthcare Ad Hoc Subcommittee Comerchero, Naggar Trails Ad Hoc Subcommittee Naggar, Washington Transit/Transportation Ad Hoc Subcommittee Roberts, Comerchero Wall of Honor Ad Hoc Subcommittee Comerchero, Edwards Youth Master Plan Implementation Ad Hoc Subcommittee Naggar, Washington 14.6 Consider appointing members of the City Council to serve on each of the following Ad Hoc Subcommittees proposed as new subcommittees: Ad Hoc Subcommittees (Two members) Current Members Annexation/Open Space Ad Hoc Subcommittee Edwards. Comerchero Human Services Ad Hoc Subcommittee Naggar, Edwards Murrieta Creek Project Ad Hoc Subcommittee Naggar, Washington Supportive Housing Ad Hoc Subcommittee Washington, Naggar Action Minutes 012213 10 14.7 Adopt a resolution entitled: RESOLUTION NO. 13-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A REVISED FAIR POLITICAL PRACTICES COMMISSION FORM 806 REGARDING THE APPOINTMENT OF COUNCIL MEMBERS TO COMPENSATED POSITIONS 15 Human Services Update (at the request of Mayor Naggar) — Received and filed. RECOMMENDATION: 15.1 Receive and file. 16 Discussion of Farmer's Market Operating/Licensing Agreement and Proposed Process — Approved staff recommendation with the amendment to include Council Member Comerchero's definition of a "hand-crafted" item to include the combination of at least a 50% or more ratio of hand-crafted vs. manufactured, to qualify for that type of designation. Direction was also given to provide flexibility language in terms of owner -operated booths that would prove to the director's satisfaction, the selling of "hand-crafted" items in multiple locations. Direction was also given to explore additional handicap parking and other means of transportation to and from the market. (4-0-1, Council Member Washington absent) Council Member Comerchero made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval. The following individuals spoke on this item: • Darlenska • Theresa Bolton • Louise Notarte • Barbara Clemons • Nicolina Alves • Stephen Eldred RECOMMENDATION: 16.1 Approve the Old Town Steering Committee's recommendation to not issue a Request for Proposals (RFP) and negotiate a new Licensing/Operating Agreement with Farmer's Market Management, Inc. for the management and operation of a Certified Farmer's Market. DEPARTMENTAL REPORTS 17 Development Services Department Monthly Report 18 Police Department Monthly Report Action Minutes 012213 11 CITY MANAGER REPORT CITY ATTORNEY REPORT Assistant City Attorney Curley advised there was no action to report under the Brown Act. ADJOURNMENT At 9:39 P.M., the City Council meeting was formally adjourned to Tuesday, February 12, 2013, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Action Minutes 012213 12 Item No. 3 Approvals City Attorney Chief Financial Officer City Manager rn-r as CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Heidi Schrader, Acting Chief Financial Officer DATE: February 12, 2013 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Leah Thomas, Accounting Specialist RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 13- 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. 13- 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 $3,670,919.07. 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 February, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the l2t day of February, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 01/10/2013 TOTAL CHECK RUN $ 735,121.94 01/17/2013 TOTAL CHECK RUN 1,211,021.74 01/24/2013 TOTAL CHECK RUN 1,325,035.08 01/17/2013 TOTAL PAYROLL RUN: 399,740.31 TOTAL LIST OF DEMANDS FOR 02/12/2013 COUNCIL MEETING: $ 3,670,919.07 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 1,555,194.95 135 BUSINESS INCUBATOR RESOURCE 3,954.82 140 COMMUNITY DEV BLOCK GRANT 2,150.57 150 AB 2766 FUND 1,678.74 165 SARDA AFFORDABLE HOUSING 24,393.75 190 TEMECULA COMMUNITY SERVICES DISTRICT 203,995.41 192 TCSD SERVICE LEVEL B 76,442.43 194 TCSD SERVICE LEVEL D 1,789.55 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 8,448.68 197 TEMECULA LIBRARY FUND 12,060.21 210 CAPITAL IMPROVEMENT PROJECTS FUND 1,074,252.56 300 INSURANCE FUND 9,824.85 320 INFORMATION TECHNOLOGY 109,360.79 330 SUPPORT SERVICES 12,449.85 340 FACILITIES 66,111.00 380 SARDA DEBT SERVICE FUND 2,300.00 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 4,528.55 477 CFD- RORIPAUGH 475.00 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 1,527.15 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 1,568.52 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 2,165.01 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 263.41 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 1,633.88 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 873.20 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 668.80 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 17,187.88 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 128.43 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 402.02 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 80.57 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 3,959.21 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 1,519.73 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 633.15 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 506.49 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 889.83 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 104.50 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 5,017.55 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 2,165.58 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 6,455.92 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 14,408.08 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 229.10 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 378.13 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 26,993.00 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 1,799.49 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 79.03 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 329.31 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 9,676.06 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 124.02 $ 3,271,178.76 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 265,904.30 140 COMMUNITY DEV BLOCK GRANT 1,597.20 165 SARDA AFFORDABLE HOUSING 7,607.92 190 TEMECULA COMMUNITY SERVICES DISTRICT 83,604.10 192 TCSD SERVICE LEVEL B 249.79 194 TCSD SERVICE LEVEL D 2,815.90 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 449.24 197 TEMECULA LIBRARY FUND 944.11 300 INSURANCE FUND 1,426.37 320 INFORMATION TECHNOLOGY 17,582.99 330 SUPPORT SERVICES 4,319.39 340 FACILITIES 10,926.54 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 84.95 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 57.02 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 67.78 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 12.36 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 137.21 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 24.84 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 35.27 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 232.97 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.35 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 10.50 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 7.14 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 155.55 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 33.24 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 19.16 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 16.79 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 38.73 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.37 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 144.01 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 77.10 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 208.99 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 353.39 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 8.38 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 9.23 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 198.83 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 64.08 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.92 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 9.23 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 293.12 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 3.95 399,740.31 TOTAL BY FUND: $ 3,670,919.07 apChkLst Final Check List 01/10/2013 2:25:23PM CITY OF TEMECULA Page: 1 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 156094 01/10/2013 008131 AAUW CA SPF - TEMECULA BRANCH Description community service grant funding 156095 01/10/2013 004240 AMERICAN FORENSIC NURSES DUI & drug testing: Police (AFN) 156096 01/10/2013 000936 AMERICAN RED CROSS 156097 01/10/2013 015518 ANDRADA, PERLA 156098 01/10/2013 015517 ANSELMO, MARK 156099 01/10/2013 013950 AQUA CHILL OF SAN DIEGO 156100 01/10/2013 001323 ARROWHEAD WATER INC 156101 01/10/2013 014724 BC RENTALS, INC 156102 01/10/2013 004040 BIG FOOT GRAPHICS 156103 01/10/2013 014299 BOOKS ON TAPE 156104 01/10/2013 013521 BROSIUS, MARK 156105 01/10/2013 000154 C S M F O DUI & drug testing: Police staff certification cards: aquatics pgrm refund:sec dep:rm rental:Harveston refund:sec dep:rm rental:Conf ctr NB Dec drinking water svc: civic ctr Dec drinking water sys: MPSC Bottled wtr svcs: Library Bottled wtr svcs: Fld Op Ctr Bottled wtr svcs: Theater Bottled wtr svcs: CRC Bottled wtr svcs: TES Bottled wtr svcs: CHS Bottled wtr svcs: Harveston Bottled wtr svcs: TV Museum Bottled wtr svcs: Ch Museum Bottled wtr svcs: TCC Bottled wtr svcs: PBSP Bottled wtr svcs: skate park Bottled wtr svcs: CM TRAFFIC CONTROL SUPPLIES: PW MAINT TCSD instructor earnings (2) books on tape: library (7) books on tape: library refund:grading deposit 43943 calle 12/13 mb: Graciano, Rudy 12/13 mb: Brown, Pascale Amount Paid Check Total 1,000.00 974.74 466.18 105.00 200.00 100.00 149.04 33.48 55.92 91.53 43.50 66.99 6.45 6.45 17.35 19.07 24.89 16.91 35.66 6.45 38.87 3,981.71 591.50 68.70 230.32 995.00 110.00 1,000.00 1,440.92 105.00 200.00 100.00 182.52 430.04 3,981.71 591.50 299.02 995.00 110.00 220.00 Pagel apChkLst Final Check List Page: 2 01/10/2013 2:25:23PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 156106 01/10/2013 003138 CAL MAT 156107 01/10/2013 010939 CALIF DEPT OF INDUSTRIAL 156108 01/10/2013 004248 CALIF DEPT OF J USTICE-ACCTING 156109 01/10/2013 009847 CALIFORNIA PRESENTERS (Continued) Description PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials PW patch truck materials 157047 elevator insp: parking garage Nov fingerprinting svcs: PD/HR Oct fingerprinting svcs: PD/HR Nov DUI & drug testing: Police Oct DUI & drug testing: Police 12/13 subscription: Theater 156110 01/10/2013 004971 CANON FINANCIAL SERVICES, DEC COPIER LEASE: CIVIC CENTER INC 156111 01/10/2013 000131 CARL WARREN & COMPANY INC 156112 01/10/2013 015519 CENTURY 21 PREFERRED 156113 01/10/2013 003775 CHAPARRAL HIGH SCHOOL 156114 01/10/2013 005417 CINTAS FIRST AID & SAFETY 156115 01/10/2013 015090 CLEARWATER SYSTEMS CORP 156116 01/10/2013 012401 COMPRESSED AIR SPECIALTIES INC 156117 01/10/2013 009905 COMPRISE TECHNOLOGIES INC 156118 01/10/2013 009969 COMPUCOM SYSTEMS INC Nov liability claims mgmt: Finance refund:sec dep:rm rental:Harveston refund:sec dep:rm rental:TCC first aid kit supplies: civic ctr hvac water syst maint: civic ctr breathing equip maint: Stn 92 SAM software renewal: IT/Library (300) MS licenses: Info Tech 156119 01/10/2013 002945 CONSOLIDATED ELECTRICAL misc electrical supplies: civic center DIST. exit lights: tem marine building 156120 01/10/2013 013379 COUSSOU, CELINE TCSD Instructor Earnings Amount Paid Check Total 154.91 526.64 470.28 335.11 479.06 601.43 2,567.43 225.00 225.00 3,082.00 6,548.00 1,750.00 2,205.00 13,585.00 125.00 125.00 3,004.54 3,004.54 3,235.68 3,235.68 200.00 200.00 200.00 200.00 320.31 320.31 550.00 550.00 328.88 328.88 10,556.65 10,556.65 56,004.32 56,004.32 151.93 158.39 310.32 504.00 504.00 Page:2 apChkLst Final Check List Page: 3 01/10/2013 2:25:23PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 156121 01/10/2013 010425 COVENANT DEVELOPMENT refund:eng grad dep tem self storage 995.00 INC. refund:eng grad dep PM 30797 995.00 1,990.00 156122 01/10/2013 013538 COVENANT GROUP 7, LP refund:grading dep 31754 Tem Pkwy 995.00 995.00 156123 01/10/2013 010650 CRAFTSMEN PLUMBING & misc maint svcs: civic center 800.00 800.00 HVAC INC 156124 01/10/2013 015300 CVR COMPUTER SUPPLIES (2) hp drum units Ij 2550: info tech 450.00 450.00 156125 01/10/2013 003210 DALLAS MIDWEST Chairs Caps: CRC 65.88 65.88 156126 01/10/2013 001393 DATA TICKET, INC. Nov parking citation svcs: police 1,542.16 1,542.16 156127 01/10/2013 002990 DAVID TURCH & ASSOCIATES Jan legislative cnslt svc: CM 3,500.00 3,500.00 156128 01/10/2013 015470 DESERT VETERINARY vet svcs: PD K-9 Rudy 1,086.39 1,086.39 SPECIALISTS 156129 01/10/2013 003945 DIAMOND ENVIRONMENTAL Jan restroom svc: Vail Ranch Park 52.78 SRVCS Jan restroom svc: Veterans Park 52.78 Jan restroom svc: Riverton Park 52.78 Jan restroom svc: Long Cyn Park 52.78 211.12 156130 01/10/2013 004192 DOWNS COMMERCIAL Fuel for City vehicles: Police 61.68 61.68 FUELING INC 156131 01/10/2013 014009 DRIVERS LICENSE GUIDE '13 ID checking guides: Police 30.80 30.80 COMPANY 156132 01/10/2013 013044 DUNHAM & ASSOCIATES refund: eng deposit TM23992 995.00 995.00 MORTGAGE 156133 01/10/2013 011203 ENVIRONMENTAL CLEANING Dec janitorial svcs: park facilities 5,265.00 5,265.00 156134 01/10/2013 015019 ESCUELA DEL SOL TUTORING TCSD Instructor Earnings 357.00 357.00 LLC 156135 01/10/2013 001056 EXCEL LANDSCAPE irrigation repair: redhawk medians 140.68 irrigation repair: paseo ds medians 236.89 irrigation repair: wolf creek slope 144.00 521.57 156136 01/10/2013 015330 FAIR HOUSING COUNCIL CDBG sub-recipient:fair housing svcs 814.26 814.26 Page:3 apChkLst Final Check List 01/10/2013 2:25:23PM CITY OF TEMECULA Page: 4 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 156137 01/10/2013 009953 FEDERAL CLEANING CONTRACTORS 156138 01/10/2013 000165 FEDERAL EXPRESS INC 156139 01/10/2013 014819 FLATIRON WEST, INC. 156140 01/10/2013 002982 FRANCHISE TAX BOARD 156141 01/10/2013 010326 G E MOBILE WATER, INC 156142 01/10/2013 003946 G T ENTERTAINMENT 156143 01/10/2013 013552 GANDS PRODUCTIONS LLC 156144 01/10/2013 015524 GHANEM-YBARRA, GLORIA 156145 01/10/2013 004890 GOLDEN STATE FIRE PROTECTION 156146 01/10/2013 009608 GOLDEN VALLEY MUSIC SOCIETY 156147 01/10/2013 009608 GOLDEN VALLEY MUSIC SOCIETY 156148 01/10/2013 000186 HANKS HARDWARE INC 156149 01/10/2013 012748 HARDY & HARPER INC 156150 01/10/2013 004188 HARRIS & ASSOCIATES (Continued) Description Dec janitorial svcs:police mall offc 10/29-12/6 city express mail services Dec const: french valley pkwy #330383649 2012 Form 592 Dec maint power washer: Stn 73 Dec rent power washer: Stn 73 DJ/MC svcs: Winterfest 2012 sttlmnt: Country at the Merc 1/5 refund:dupl pmt:bus lic #038758 fire sprinkler insp: tem marine Theater Procurement 12/13 sttlmnt: Classics at the Merc Dec '12 Hardware supplies: Fire Hardware supplies: MPSC Hardware supplies: Old Town Hardware supplies: TV Museum Hardware supplies: Parks Hardware supplies: Harveston Park Hardware supplies: PW Traffic Hardware supplies: CRC Hardware supplies: Ch Museum Hardware supplies: TCC Hardware supplies: PW Maint Hardware supplies: civic ctr/tve2 asphalt repair svc: pbsp parking lot Amount Paid Check Total 751.50 568.17 342,625.53 697.00 59.00 25.86 750.00 562.50 36.00 550.00 10,800.00 2,233.00 540.60 10.32 87.75 21.32 1,120.91 53.08 115.63 296.31 255.69 35.29 116.54 752.35 71,325.00 Nov cnslt: pavement rehab citywide 18,008.90 751.50 568.17 342,625.53 697.00 84.86 750.00 562.50 36.00 550.00 10,800.00 2,233.00 3,405.79 71,325.00 18,008.90 Page:4 apChkLst Final Check List Page: 5 01/10/2013 2:25:23PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 156151 01/10/2013 001517 HEALTH & HUMAN RESOURCE Dec EAP pgrm svcs: HR 664.40 664.40 CTR 156152 01/10/2013 001135 HEALTHPOINTE MEDICAL emp industrial care svcs: HR 50.00 50.00 GROUP INC 156153 01/10/2013 000863 I P MA 12/13 new mb: Garibay/Bailey-Hudson 379.00 379.00 156154 01/10/2013 004406 IGOE & COMPANY INC Dec '12 flex benefit plan pmt 200.00 200.00 156155 01/10/2013 013695 INLAND EMPIRE SHRED IT 12/3 doc shred svc: PD substation 15.00 15.00 156156 01/10/2013 001407 INTER VALLEY POOL SUPPLY misc pool supplies: CRC/TES 866.31 866.31 INC 156157 01/10/2013 004119 J T B SUPPLY COMPANY INC traffic light supplies: pw traffic 2,409.29 school zone flashers: PW CIP 5,620.24 8,029.53 156158 01/10/2013 013200 JAROTH INC Jan pay phone:duck pond,Library,CRC 212.64 212.64 156159 01/10/2013 000820 K R W & ASSOCIATES Nov/Dec eng picks: pw land dev 4,290.00 4,290.00 156160 01/10/2013 004062 KUSTOM SIGNALS INC equip repair/maint:pd radar lidars 410.95 410.95 156161 01/10/2013 000209 L & M FERTILIZER INC misc equip parts: pw maint 232.58 232.58 156162 01/10/2013 012065 LANCE, SOLL & LUNGHARD sarda cnslt svcs:AB 1484 review 12,000.00 12,000.00 L LC 156163 01/10/2013 014817 LAPP, JEREMY SCOTT sttlmnt: Cabaret at the Merc 12/30 1,365.00 1,365.00 156164 01/10/2013 000482 LEIGHTON CONSULTING INC Nov geotech svc:butterfield stage rd 3,101.50 3,101.50 156165 01/10/2013 004905 LIEBERT, CASSIDY & Nov HR legal svcs for TE060-10 2,400.00 WHITMORE Nov HR legal svcs for TE060-01 156166 01/10/2013 003726 LIFE ASSIST INC medical supplies: Paramedics medical supplies: Paramedics 156167 01/10/2013 004813 M & J PAUL ENTERPRISES INC ENTERTAINMENT: CARNIVAL 10/26 156168 01/10/2013 003782 MAIN STREET SIGNS misc street signs: pw street maint 630.00 3,030.00 907.21 206.43 1,113.64 965.00 965.00 161.46 161.46 Page:5 apChkLst Final Check List Page: 6 01/10/2013 2:25:23PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 156169 01/10/2013 004141 MAINTEX INC 156170 01/10/2013 014184 MALCOLM SMITH MOTORCYCLES, INC 156171 01/10/2013 015520 MALICK, BRENDA E. 156172 01/10/2013 015521 MALIT, FATIMA 156173 01/10/2013 013219 MATTHIES, FRANK H. 156174 01/10/2013 006571 MELODY'S AD WORKS INC. 156175 01/10/2013 015525 MEREDITH, YVONNE 156176 01/10/2013 004586 MOORE FENCE COM 156177 01/10/2013 015523 MORA, GLORIA 156178 01/10/2013 001214 MORNINGSTAR PRODUCTIONS, LLC 156179 01/10/2013 010908 MR APPLIANCE OF WINCHESTER 156180 01/10/2013 015507 MSDSONLINE, INC. 156181 01/10/2013 001986 MUZAK LLC (Continued) Description misc custodial supplies:var park sites Veh repair & maint:pd motors partial refund:sec dep:rm rental:TCC refund:sec dep:rm rental:Harveston Blacksmith demo:history museum 8/2 Reimbursables:old town winterfest Reimbursables: New Year's Eve event refund:sec dep:rm rental:Harveston PANY INC install chain-link fence: hist museum REPLACE CHAINLINK FENCE:MWD I refund:latefee pmt:Library sound services:New Year's Eve '12 install ice maker water sump: tcc msds online subscription: pw maint Jan dish network programing:foc 156182 01/10/2013 003964 OFFICE DEPOT BUSINESS SVS MISC OFFICE SUPPLIES:PW DEPTS DIV 156183 01/10/2013 002105 OLD TOWN TIRE & SERVICE 156184 01/10/2013 015149 OPERATION SILVER STAR MISC OFFICE SUPPLIES:PW TRAFF Printing supplies:B&S Dept City Vehicle Maint Svcs:Parks refund:sec dep:rm rental:Conf Ctr AB 156185 01/10/2013 001171 ORIENTAL TRADING COMPANY MISC SUPPLIES:MPSC INC Amount Paid Check Total 2,177.63 2,177.63 349.92 349.92 164.00 164.00 200.00 200.00 100.00 100.00 22.45 1,227.05 1,249.50 200.00 200.00 545.00 785.00 1,330.00 13.00 13.00 1,695.00 1,695.00 283.47 283.47 1,679.00 1,679.00 123.18 123.18 13.98 464.56 36.29 514.83 211.58 211.58 100.00 100.00 43.91 43.91 Page:6 apChkLst Final Check List Page: 7 01/10/2013 2:25:23PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 156186 01/10/2013 005656 PAPA Pesticide appl. sem:MW/KH 02/26/13 160.00 160.00 156187 01/10/2013 015033 PACIFIC MUNICIPAL 10/27-11/30 consulting:housing element 2,960.00 2,960.00 CONSULTANTS 156188 01/10/2013 015512 PINO, KAREN Performance: art in motion 12/31 400.00 400.00 156189 01/10/2013 012669 PLAYNETWORK, INC Jan '13 City phones "on hold" music 29.95 29.95 156190 01/10/2013 002185 POSTMASTER 2013 PO Box fee payment:Civic Cntr 1,220.00 1,220.00 156191 01/10/2013 011549 POWER SPORTS UNLIMITED Veh repair & maint:Police 969.52 969.52 156192 01/10/2013 000947 RANCHO REPROGRAPHICS REPRODUCTION SRVCS:MURR CRK 115.51 115.51 PH 3 156193 01/10/2013 004584 REGENCY LIGHTING misc electrical supplies:var park sites 799.59 misc electrical supplies: var park sites 283.77 1,083.36 156194 01/10/2013 001592 RIVERSIDE CO INFO Nov radio rental:police/prk rngrs 932.11 932.11 TECHNOLOGY 156195 01/10/2013 000406 RIVERSIDE CO SHERIFFS Basic Survaillance 2/12-15 4 deputies 1,132.00 1,132.00 DEPT 156196 01/10/2013 000406 RIVERSIDE CO SHERIFFS Medicinal Marijuana Update 1/9 6 Police 360.00 360.00 DEPT 156197 01/10/2013 000406 RIVERSIDE CO SHERIFFS Basic Criminal Investigation 1/28-2/1 MH 179.00 179.00 DEPT 156198 01/10/2013 008739 ROSE CITY LABEL Promo items:crime prevention pgrm 443.16 443.16 156199 01/10/2013 014793 RUTLEDGE, STEW refund:sec dep:rm rental:Harveston 200.00 200.00 156200 01/10/2013 015364 SEASIDE ICE, LLC ICE SKATING RINK: OLD TOWN 9,125.00 9,125.00 156201 01/10/2013 015364 SEASIDE ICE, LLC registration fee: family/teens skate 1,659.00 1,659.00 156202 01/10/2013 013376 SECURITY SIGNAL DEVICES repair smoke detectors: civic center 556.00 INC REPAIR SMOKE DETECTOR: O.T. Pf 139.00 695.00 Page:7 apChkLst 01/10/2013 2:25:23PM Final Check List CITY OF TEMECULA Page: 8 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 156203 01/10/2013 009213 SHERRY BERRY MUSIC 156204 01/10/2013 000645 SMART & FINAL INC 156206 01/10/2013 000537 SO CALIF EDISON 156207 01/10/2013 001212 SO CALIF GAS COMPANY 156208 01/10/2013 000519 SOUTH COUNTY PEST CONTROL INC 156209 01/10/2013 012652 SOUTHERN CALIFORNIA 156210 01/10/2013 002015 STAR WAY PRODUCTIONS 156211 01/10/2013 006145 STENO SOLUTIONS TRANSCRIPTION 156212 01/10/2013 010163 STEVERSHERWOOD, SALLY (Continued) Description Jazz a@ the Merc 01/03/13 Misc supplies:mpsc pgrms Misc supplies:high hopes pgrm Dec 2-31-031-2590:28301 Rancho Cal Dec 2-21-981-4720:30153 Tem pkwy tl Dec 2-28-904-7706:32329 Overland Tr Dec 2-35-074-2847:27495 Enterprise c Dec 2-29-295-3510:32211 Wolf vly rd Dec 2-00-397-5042:Business Incubator Dec 2-19-171-8568:28300 Mercedes S Dec 2-31-536-3226:28690 Mercedes Dec 2-28-629-0507:Library Dec 2-32-903-8293:Civic Center Dec 2-02-502-8077:43210 Bus pk dr B Dec 2-27-805-3194:42051 Main St Dec 2-31-404-6020:28771 OT Front St Dec 2-29-953-8249:46497 Wolf crk dr Dec 2-29-953-8082:31523 Wolf vly rd Dec 2-29-657-2332:45538 Redwood Dec 2-29-953-8447:31738 Wolf vly rd Dec 2-30-220-8749:45850 N Wolf crk c Dec 2-31-936-3511:46488 Pechanga Dec 2-29-657-2563:42902 Butterfield Dec 2-29-458-7548:32000 Rancho Cal Dec 2-00-397-5067:TCSD svc lev C Dec 2-30-520-4414:32781 Tem pkwy Nov117-188-6393-6:32131 S Loop rd Dec 091-085-1632-0:TES Pool pest control srvcs:Josheroo Ct Jan gen usage:0141,0839,2593,9306 audio equip rental:new year's eve audio srvcs: holiday light parade 12/7 Nov transcription srvcs:Police refund:Junior Flute Ensemble 156213 01/10/2013 010924 T & D COMMUNICATIONS, INC. Cabling:civic center & offsite Amount Paid Check Total 430.50 233.91 334.16 22.70 23.35 138.33 82.28 656.88 1,764.18 65.99 1,285.71 4,802.17 10,105.13 385.84 2,919.64 1,485.95 23.95 24.63 22.65 22.51 525.07 45.30 184.10 293.06 2,109.38 1,046.69 62.00 14.79 94.00 492.12 575.00 915.00 190.82 75.00 430.50 568.07 28,035.49 76.79 94.00 492.12 1,490.00 190.82 75.00 240.00 240.00 Page:8 apChkLst Final Check List Page: 9 01/10/2013 2:25:23PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 156214 01/10/2013 000305 TARGET BANK BUS CARD MISC SUPPLIES:CHILDREN'S MUSEUM 38.84 SRVCS MISC SUPPLIES:CHILDREN'S MUSE 11.02 MISC SUPPLIES:MPSC 149.98 MISC SUPPLIES:CHILDREN'S MUSE 79.85 279.69 156215 01/10/2013 012265 TEMECULA ACE HARDWARE misc maint supplies: var park sites 21.94 21.94 C/O 156216 01/10/2013 000168 TEMECULA FLOWER CORRAL Dec Sunshine Fund 67.82 67.82 156217 01/10/2013 003677 TEMECULA MOTORSPORTS Veh repair & maint:police motorcycles 205.48 LLC Veh repair & maint:police motorcycles 360.83 566.31 156218 01/10/2013 004209 TEMECULA SUNRISE ROTARY Oct -Dec '12 bus bench install & maint 2,512.50 2,512.50 FOUND. 156219 01/10/2013 010493 TEMECULA TOWNE CENTER Jan lease payment: pd mall office 1,458.33 1,458.33 ASSOC LP 156220 01/10/2013 011736 TEMECULA TROPHY INC AWARDS & RECOGNITION: S. COUTS 10.78 10.78 156221 01/10/2013 015522 TEMECULA VALLEY refund:sec dep:snack bar:RRSP 200.00 200.00 156222 01/10/2013 009194 TEMECULA VALLEY NEWS Dec advertising: Theater 143.20 143.20 156223 01/10/2013 003067 TEMECULA VALLEY R V Graphics:Police Command Post 1,549.06 1,549.06 SERVICE 156224 01/10/2013 004274 TEMECULA VALLEY SECURITY locksmith srvcs:canyons conf room 148.42 CENTR locksmith srvcs:margarita park 378.04 locksmith srvcs:civic center 12.12 locksmith srvcs:rrsp 95.00 633.58 156225 01/10/2013 010276 TIME WARNER CABLE Jan high speed Internet 30600 Pauba Rd 501.97 Jan high speed internet:40135 Village I 235.47 Jan high speed internet:42081 Main St 61.39 798.83 156226 01/10/2013 006192 TRISTAFF GROUP temp help w/e 12/23 B. Randall 303.60 303.60 156227 01/10/2013 008977 VALLEY EVENTS INC rental equip:electric light parade 12/7 50.00 rental equip:electric light parade 1217 1,717.75 1,767.75 156228 01/10/2013 014486 VERIZON WIRELESS 12/15-1/14 Broadband usage:City 444.75 444.75 Page:9 apChkLst 01/10/2013 2:25:23PM Final Check List CITY OF TEMECULA Page: 10 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) 156229 01/10/2013 013647 VICAR OPERATING, INC. 156230 01/10/2013 014954 VOLVO RENTS, INC 156231 01/10/2013 003730 WEST COAST ARBORISTS INC 156232 01/10/2013 000341 WILLDAN ASSOCIATES INC 156233 01/10/2013 004567 WITCHER ELECTRIC 156234 01/10/2013 006290 WOODCREST VEHICLE CENTER 156235 01/10/2013 009512 WURMS JANITORIAL SERVICES, INC Description Veterinary srvcs: Police K-9 LIGHT TOWERS: LIGHT PARADE 12/7 trim & remove trees: temeku hills slope tree trim & removal: harveston slope tree trim & removal: vintage hills slope tree trims & removals: crc tree trim & removals: various parks tree trim & removal: villages slope 10/29-11/23 ENG SRVCS:PW TRAFFIC 10/29-11/23 ENG SRVCS:PW TRAFFI electrical installation srvcs: tve2 install electrical outlets: pennypickle install breaker:old town front st electrical srvcs: town square Veh repair & maint:police Jan janitorial services: tve2 JAN JANITORIAL SRVCS: VAR CITY Jan janitorial srvcs:pd civic center Amount Paid Check Total 26.50 5,946.95 1,073.00 7,849.00 518.00 2,548.00 3,283.00 3,477.00 3,120.00 1,060.00 1,000.00 575.00 226.00 380.00 32.50 781.71 18,999.51 242.25 Grand total for UNION BANK OF CALIFORNIA: 26.50 5,946.95 18,748.00 4,180.00 2,181.00 32.50 20,023.47 735,121.94 Page:10 apChkLst Final Check List Page: 11 01110/2013 2:25:23PM CITY OF TEMECULA 141 checks in this report. Grand Total All Checks: 735,121.94 Pagel 1 apChkLst Final Check List Page: 1 01/17/2013 10:10:53AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 2085 01/17/2013 010349 CALIF DEPT OF CHILD SUPPORT 2086 01/17/2013 000389 NATIONWIDE RETIREMENT SOLUTION 2087 01/14/2013 000283 INSTATAX (IRS) Description Amount Paid Check Total Support Payment OBRA- Project Retirement Payment W2 EMPLOYEES PAID THROUGH AP FOR 2012 1,741.71 1,741.71 2,499.66 2,499.66 469.06 469.06 2088 01/17/2013 000246 PERS (EMPLOYEES' EMPLOYEE EPMC CORRECTION PPE -6.93 RETIREMENT) 12/28/12 PERS ER Paid Member Contr Payment 137,569.61 137,562.68 2089 01/17/2013 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 13,750.44 13,75044 SOLUTION 2090 01/17/2013 000283 INSTATAX (IRS) Federal Income Taxes Payment 74,889.88 74,889.88 2091 01/17/2013 000444 INSTATAX (EDD) State Disability Ins Payment 21,301.47 21,301.47 2092 01/17/2013 000194 IC MA RETIREMENT -PLAN ICMA Retirement Trust 457 Payment 5,534.57 5,534.57 303355 156236 01/17/2013 005058 ADAMS, AARON reimb: lunch hr history pin mtg 1/15/13 61.78 61.78 156237 01/17/2013 004802 ADLERHORST INTERNATIONAL boarding: PD K-9 Rudy 150.00 150.00 INC 156238 01/17/2013 004180 ADVISORS MARKETING misc supplies: recreation pgrm 2,499.76 2,499.76 GROUP, LLC 156239 01/17/2013 009374 ALLEGRO MUSICAL VENTURES piano tuning/overhaul: library 1,200.00 1,200.00 156240 01/17/2013 014531 ALLEN EMBROIDERY SERVICE uniforms: Code Enf/B&S 229.50 229.50 156241 01/17/2013 010905 ALLIED TRAFFIC & EQUIPMENT message boards: light parade 980.00 980.00 156242 01/17/2013 006915 ALLIES PARTY EQUIPMENT 156243 01/17/2013 012943 ALPHA MECHANICAL SERVICE INC equip rental maint: tcsd equip rental: sister cities pgrm hvac diagnostic inspection: tcc 99.00 256.89 355.89 80.00 80.00 Pagel apChkLst Final Check List Page: 2 01/17/2013 10:10:53AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 156244 01/17/2013 013015 ALWAYS RELIABLE backflow repairs: pbsp BACKFLOW 156245 01/17/2013 004422 AMERICAN BATTERY signal batteries: pw traffic CORPORATION 156246 01/17/2013 004240 AMERICAN FORENSIC NURSES Feb stand by fee: Police (AFN) 156247 01/17/2013 000747 AMERICAN PLANNING ASSOCIATION 875.00 875.00 1,324.52 1,324.52 1,248.00 DUI & drug screenings: Police 762.84 DUI & drug screenings: Police 296.66 2,307.50 4/13-3/14 APA mb: Weaver, Dana 340.00 4/13-3/14 APA mb: Richardson, P 4/13-3/14 APA mb: Jones, Eric 4/13-3/14 APA mb: Innes, Katie 4/13-3/14 APA mb: Planning Comm 156248 01/17/2013 000936 AMERICAN RED CROSS staff certification cards: aquatics 156249 01/17/2013 003520 AMERICAN SOCIETY OF ASCAP music license:old town COMPOSERS 156250 01/17/2013 013950 AQUA CHILL OF SAN DIEGO Dec drinking water sys: police 156251 01/17/2013 011961 AT&T MOBILITY Dec Trip wire:grafftti:Police 156252 01/17/2013 013482 BAS SECURITY Dec security svcs:harveston lake park 156253 01/17/2013 004262 BIO-TOX LABORATORIES DUI & drug screenings: police DUI & drug screenings: Police DUI & drug screenings: Police 156254 01/17/2013 012583 BLANCAY PRICE Nov landscape pincksvc:planning 156255 01/17/2013 014299 BOOKS ON TAPE (1) book on tape: library 156256 01/17/2013 003455 BROADCAST MUSIC INC music license copyrights:old town 156257 01/17/2013 015262 BROOKS, MARK reimb: welding supplies Stn 73 156258 01/17/2013 000128 BROWN & BROWN INSURANCE 8109158P917 ins bus auto fa liability 156259 01/17/2013 001035 C R & R INC Jan trash hauling svcs: murr crk/ovl ext 620.00 340.00 365.00 350.00 2,015.00 1.00 1.00 783.00 783.00 27.00 27.00 130.62 130.62 1,496.00 1,496.00 1,037.00 1,118.24 2,415.40 4,570.64 6,960.00 6,960.00 25.86 25.86 766.00 766.00 64.19 64.19 194.00 194.00 256.74 256.74 Page2 apChkLst Final Check List Page: 3 01/17/2013 10:10:53AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 156260 01/17/2013 003138 CAL MAT PW patch truck materials 486.13 PW patch truck materials 454.09 PW patch truck materials 113.40 1,053.62 156261 01/17/2013 013265 CALIF BUILDING 2012 4th qtr SB1473 540.00 540.00 156262 01/17/2013 000638 CALIF DEPT OF 2012 4th Qtr pmt:strong motion 1,409.57 1,409.57 CONSERVATION 156263 01/17/2013 004248 CALIF DEPT OF billing adj inv 882747 cont instructors 96.00 JUSTICE-ACCTING billing adj inv 872439 cont instructors 64.00 billing adj inv 867148 cont instructors 128.00 billing adj inv 887561 cont instructors 32.00 320.00 156264 01/17/2013 004228 CAMERON WELD IN SU PP LY HELIUM TANK RENTAL: CRC 59.70 59.70 156265 01/17/2013 010514 CAMPINI'S ITALIAN DELI lunch: CERT training 1/20/13 293.50 293.50 156266 01/17/2013 006114 CASEY, MARGIE reimb: av/help desk equip Info Tech 146.54 146.54 156267 01/17/2013 014726 CHAPTER 13 STANDING SUPPORT PMT 182.77 182.77 TRUSTEE 156268 01/17/2013 000137 CHEVRON AND TEXACO City vehicles fuel: Police 2,377.53 2,377.53 156269 01/17/2013 015417 CHICAGO STAGE EQUIP INC stage equip: theater 2,895.00 2,895.00 156270 01/17/2013 012627 CLEAR IMAGE ENTERPRISES clean windows: tve2 incubator 630.00 630.00 INC 156271 01/17/2013 004405 COMMUNITY HEALTH Community Health Charities Payment 44.00 44.00 CHARITIES 156272 01/17/2013 000442 COMPUTER ALERT SYSTEMS alarm repair svcs: crc 198.86 198.86 156273 01/17/2013 000447 COMTRONIX relocate comm radio: pw maint 300.00 300.00 COMMUNICATIONS 156274 01/17/2013 013286 CONN EXON TELECOM INC Dec Enterprise 911 Svc:IT 250.00 250.00 156275 01/17/2013 014521 COSTAR GROUP Jan web subscr: eco dev 363.66 363.66 INFORMATION, INC Pages apChkLst Final Check List Page: 4 01/17/2013 10:10:53AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 156276 01/17/2013 001264 COSTCO WHOLESALE Description Amount Paid Check Total misc supplies: SKIP event misc supplies: human svcs pgrm misc supplies: human svcs pgrm misc supplies:theater artist reception 156277 01/17/2013 014501 COUNTYWIDE MECHANICAL Jan hvac maint svc:civic ctr/garage SYSTEMS 156278 01/17/2013 010650 CRAFTSMEN PLUMBING & HVAC INC 156279 01/17/2013 014454 CRAMER, MATTHEW 177.92 73.04 97.99 192.23 541.18 931.33 931.33 plumbing svcs: MPSC 165.00 hvac plumbing svcs: old town PLUMBING REPAIR: STN 73 facility maint/repair: Stn 84 plumbing repair: Stn 92 plumbing repair: Stn 84 173.10 660.00 1,013.85 253.74 797.17 reimb: K-9 trial Dos Palos 8/2-3 72.54 3,062.86 reimb: K-9 E Collar Trn San Diego 161.21 233.75 156280 01/17/2013 014364 CUNNINGHAM, GRISELDA TCSD Instructor Eamings 252.00 252.00 CLEMENTINA 156281 01/17/2013 003210 DALLAS MIDWEST television cart: CRC 700.32 700.32 156282 01/17/2013 015470 DESERT VETERINARY vet svcs: PD K-9 Rudy dental 130.50 130.50 SPECIALISTS 156283 01/17/2013 003945 DIAMOND ENVIRONMENTAL Jan restroom svc: GOHS 52.78 SRVCS GENERATOR RENTAL: LIGHT PARADE 1 1,014.54 1,067.32 156284 01/17/2013 004192 DOWNS COMMERCIAL Fuel for City vehicles: Police 53.11 FUELING INC Fuel for City vehicles: PW Traffic Fuel for City vehicles: PW Id/npdes Fuel for City vehicles: PW Id/cip/npdes Fuel for City vehicles: B&S Fuel for City vehicles: Code Enf/Pln Fuel for City vehicles: PW Maint Fuel for City vehicles: tcsd/parks 156285 01/17/2013 012217 DUDEK Nov enviro cnslt:ped/bicycle bridge 388.10 78.27 220.39 347.20 258.91 1,091.54 1,753.89 4,191.41 5,372.00 5,372.00 156286 01/17/2013 002390 EASTERN MUNICIPALWATER Dec water meter:32131 S Loop rd dcda 51.00 DIST Dec water meter:32131 S Loop rd Idsc 82.59 133.59 156287 01/17/2013 004829 ELLISON WILSON ADVOCACY Jan legislative cnslt svc: cm 3,500.00 3,500.00 LLC Page4 apChkLst Final Check List Page: 5 01/17/2013 10:10:53AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 156288 01/17/2013 005115 ENTERPRISE RENTA CAR INC van rental: sister cities pgrm 156289 01/17/2013 003665 EXCEL COMMERCIAL Dec long distance phone svcs 156291 01/17/2013 001056 EXCEL LANDSCAPE Dec landscape maint: north slopes landscape rehab: vail ranch slope irrigation install: mpsc landscape improvements: old town irrigation repair: redhawk median irrigation repair: rancho hinds slope IRRIGATION REPAIR: VAIL RANCH SLOP landscape turf: redhawk dog park irrigation repairs: vail ranch slope Dec landscape maint: south slopes landscape rehab: vail ranch slope irrigation repair: crowne hill slope irrigation repair: crowne hill slope BATTERY REPLACEMENT: VAIL RANCH irrigation repairs: vail ranch slope irrigation repair srvcs:vail ranch slope irrigation repairs: rancho highlands irrigation repairs: wolf creek slope Dec landscape maint: medians Dec landscape maint: sports parks Dec landscape maint: marg strscape Dec landscape maint: parks Dec landscape maint: city facilities 156292 01/17/2013 009953 FEDERAL CLEANING Jan janitorial svcs: PD mall office CONTRACTORS 156293 01/17/2013 003747 FINE ARTS NETWORK sttlmnt: You're a Good Man C Brown 1,159.83 1,159.83 55.11 55.11 19,749.97 920.00 200.00 567.00 191.89 221.72 262.45 620.00 283.97 34,844.87 800.00 126.50 404.11 325.00 309.94 153.08 130.40 329.55 17,544.70 50,935.88 600.00 47,825.10 9,443.13 186,789.26 751.50 751.50 3,547.59 3,547.59 156294 01/17/2013 003347 FIRST BANKCARD CENTER 015515 OMNI PARKER HOUSE JC htl: NLC cf Boston 11/27-12/1 1,648.96 015516 SEAPORT HOTEL RR htl: NLC cf Boston 11/27-30 817.38 015496 SAN DIEGO AIRPORT PARKING RR parking: NLC cf Boston 11/27-30 112.00 014583 PALUMBO'S RISTORANTE, LLC RR lunch: RTA SW mtg 12/19 166.80 156295 01/17/2013 010326 G E MOBILE WATER, INC Dec power washer exchg: Stn 73 63.58 2,745.14 63.58 Pages apChkLst Final Check List Page: 6 01/17/2013 10:10:53AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 156296 01/17/2013 001937 GALLS INC uniform svcs: Police Volunteers 5.00 uniform svcs: Police Volunteers 29.43 uniforms: Police 129.27 uniform svcs: Police Volunteers 3.89 167.59 156297 01/17/2013 014067 GENTRY, JANN professional images: Econ Dev 600.00 600.00 156298 01/17/2013 015506 GIFTING GROUP, THE basket: RTA SWT -Now mtg 100.00 100.00 156299 01/17/2013 000177 GLENNIES OFFICE PRODUCTS Office Supplies: Pln/Eco Dev 187.80 INC 156300 01/17/2013 004890 GOLDEN STATE FIRE PROTECTION 156301 01/17/2013 013107 GRANT, GLENN 156302 01/17/2013 015451 GREATAMERICA LEASING CORP Office Supplies: MPSC 422.09 Office Supplies: City Clerk 3.84 Office Supplies: Records 42.11 Office Supplies: PW 388.80 Office Supplies: Fire 1,063.36 Office Supplies: CRC 647.73 OFFICE SUPPLIES: FINANCE 35.54 2,791.27 fire sprinkler inspection: Stn 84 550.00 fire sprinkler inspection: Stn 73 550.00 1,100.00 ADVERTISING: W I N T E R F E ST 2012 1,000.00 1,000.00 DEC COPIER LEASE: CIVIC CTR/TVE2 1,408.10 JAN COPIER LEASE: CIVIC CTR/TVE2 1,338.60 DEC COPIER LEASE: CIVIC CTR 358.27 JAN COPIER LEASE: CIVIC CTR 288.77 156303 01/17/2013 005311 H2O CERTIFIED POOL WATER Dec maint svcs: crcftes pools 900.00 SPCL. Dec fountain maint: civic ctr Dec fountain maint: town square 156304 01/17/2013 012204 HERITAGE FAMILY MINISTRIES TCSD Instructor Eamings 500.00 175.00 3,393.74 1,575.00 831.25 831.25 156305 01/17/2013 010210 HOME DEPOT SUPPLY INC, misc maint supplies: CRC 28.64 TH E misc maint supplies: civic ctr 148.79 177.43 156306 01/17/2013 002701 HUB INT'L INSURANCE Dec '12 special events premiums 812.87 812.87 SERVCS INC 156307 01/17/2013 013695 INLAND EMPIRE SHRED IT 12/10 doc shred svc: PD mall office 15.00 15.00 156308 01/17/2013 011228 INLAND PLANNING AND DEC CNSLT SVCS: JEFFERSON DESIGN INC CORRIDOR 2,300.00 2,300.00 Pages apChkLst Final Check List Page: 7 01/17/2013 10:10:53AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 156309 01/17/2013 001186 IRWIN, JOHN TCSD instructor earnings 72.10 72.10 156310 01/17/2013 010412 JOHNSON POWER SYSTEMS generator maint: south loop fire stn 14.22 emerg generator maint: fire stations- 246.99 generator maint: Stn 84 251.86 generator maint: Stn 73 223.45 736.52 156311 01/17/2013 004062 KUSTOM SIGNALS INC equip maint: police radar lidars 1,261.13 1,261.13 156312 01/17/2013 013879 LAKESHORE LEARNING misc supplies: tiny tot pgrm 34.37 34.37 MATERIALS 156313 01/17/2013 000482 LEIGHTON CONSULTING INC Nov material testing:pavement rehab 10,214.50 10,214.50 156314 01/17/2013 004905 LIEBERT, CASSIDY& regist: FLSAwebinar Garibay, Isaac 55.00 55.00 WHITMORE 156315 01/17/2013 003726 LIFE ASSIST INC medical supplies: Paramedics 112.09 112.09 156316 01/17/2013 006571 MELODYS AD WORKS INC. Jan marketing & promo srvcs: old town 1,800.00 1,800.00 156317 01/17/2013 001892 MOBILE MODULAR 1/7-2/5 OATC lease agreement: Fire 615.60 615.60 156318 01/17/2013 010908 MR APPLIANCE OF ice maker maint:pbsp 524.00 WINCHESTER Refrigerator and freezer maint:pbsp 284.25 808.25 156319 01/17/2013 002925 NAPA AUTO PARTS Auto parts & supplies: Sta 92 101.62 101.62 156320 01/17/2013 015122 NI GOVERNMENT SERVICES, Dec satellite phone service: Fire/EOC 151.72 151.72 INC. 156321 01/17/2013 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:old town pd office 43.80 DIV credit:office supplies/o.t. pd office -10.81 32.99 156322 01/17/2013 002105 OLD TOWN TIRE &SERVICE City Vehicle Maint Svcs:Park Maint 229.20 229.20 156323 01/17/2013 002105 OLD TOWN TIRE & SERVICE Veh repair & maint: Fire Prevention 168.30 168.30 156324 01/17/2013 002734 P V P COMMUNICATIONS INC Motor Helmets - Police 2,121.91 2,121.91 156325 01/17/2013 002652 PAT & OSCARS RESTAURANT refreshments:CERT training 1/19/13 248.05 248.05 Page:7 apChkLst Final Check List Page: 8 01/17/2013 10:10:53AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 156326 01/17/2013 000249 PETTY CASH Petty Cash Reimbursement 593.00 593.00 156327 01/17/2013 010338 POOL & ELECTRICAL misc pool supplies: var sites 172.02 172.02 PRODUCTS INC 156328 01/17/2013 012904 PRO ACTIVE FIRE DESIGN Dec plan check consultant: Prevention 6,782.97 6,782.97 156329 01/17/2013 003697 PROJECT DESIGN 11/5-12/2 eng dsgn:Murr Crk Bridge 4,135.00 4,135.00 CONSULTANTS 156330 01/17/2013 005075 PRUDENTIAL OVERALL Dec uniformftwt rental/8r mats:Cty facs 1,221.42 SUPPLY Dec mat rentals: park maint/c.c/tve2 771.35 1,992.77 156331 01/17/2013 000262 RANCHO CALIF WATER Dec watermeter-comm:28640 Pujol St 7.46 DISTRICT Dec water meter:44614 Pechanga pky 765.67 Dec var water meters:PW 181.06 Dec var water meters:PW 176.51 Dec var water meters:PW 556.99 Dec var water meters:TCSD & PW 921.63 Dec var water meters:TCSD Fac,bus incu 3,152.05 Dec var water meters:TCSD svc lev C 9,400.99 Dec var water meters:Fire Stns 545.46 15,707.82 156332 01/17/2013 005383 RANCHO SPRINGS MEDICAL Dec crime victim exams:police 1,800.00 1,800.00 CENTER 156333 01/17/2013 015533 RCCD Fire Prev 1A 3/18-22/13 P. Ryan 195.00 195.00 156334 01/17/2013 002412 RICHARDS WATSON & Oct -Nov 2012 legal services 2,422.50 GERSHON Nov 2012 legal services 101,999.44 104,421.94 156335 01/17/2013 000406 RIVERSIDE CO SHERIFFS Holiday parade patrol srvcs 12/7 6,471.91 6,471.91 DEPT 156336 01/17/2013 000406 RIVERSIDE CO SHERIFFS Int. trff collision investigation 199.00 199.00 DEPT 156337 01/17/2013 001365 RIVERSIDE COUNTY OF renewpermit:foc 1,300.00 1,300.00 156338 01/17/2013 009196 SACRAMENTO THEATRICAL SoundAighting supplies: Theater 1,501.63 1,501.63 LIGHTING 156339 01/17/2013 000278 SAN DIEGO UNION TRIBUNE Dec public notices:planning 176.40 Nov public notices:planning 129.60 306.00 Pages apChkLst Final Check List Page: 9 01/17/2013 10:10:53AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 156340 01/17/2013 009213 SHERRY BERRY MUSIC Jazz © the Merc 01/10/13 156341 01/17/2013 009746 SIGNS BYTOMORROW 156342 01/17/2013 000537 SO CALIF EDISON Public ntc posting xx-0034:planning Public ntc posting xx-0211:planning vehicle signage: parks maint Dec 2-31-419-2659:26706 Ynez TCI Dec 2-01-202-7603:var LS-!Allnite Dec 2-01-202-7330:var LS -1 Allnite Dec 2-29-974-7899:26953 Ynez LS -3 Dec 2-29-479-2981:31454 Tem pkwy TCI Dec 2-05-791-8807:31587 Tem pkwy LS3 Dec 2-30-608-9384:28582 Harveston Dec 2-25-350-5119:45602 Redhawk Dec 2-02-351-5281:30875 Rancho vista Jan 2-33-777-1950:40135 Village Rd Dec 2-20-798-3248:42081 Main St Dec 2-30-066-2889:30051 Rancho vista Dec 2-28-171-2620:40820 Winchester 156343 01/17/2013 014783 SOFTRESOURCES, LLC Nov -Dec consultant srvcs:new permit sys 156344 01/17/2013 002503 SOUTH COAST AIR QUALITY Ann'I operating fees:tve2 FY 11/12 emissions fees:tve2 569.00 569.00 296.20 148.10 521.21 965.51 167.17 28,181.60 76,286.78 152.25 90.36 8,782.06 606.69 24.40 3,769.04 348.85 689.04 23.53 611.09 119,732.86 3,621.70 3,621.70 310.85 115.56 426.41 156345 01/17/2013 000519 SOUTH COUNTY PEST pest control srvcs: City facilities 748.00 CONTROL INC pest control srvcs: crc 63.00 811.00 156346 01/17/2013 005786 SPRINT Nov 26 -Dec 25 cellular usage/equip 4,495.21 4,495.21 156347 01/17/2013 002366 STEAM SUPERIOR CARPET Carpet cleaning srvcs: Sta 73 275.00 275.00 CLEANING 156348 01/17/2013 001505 STEFFEN, SUE reimb:office supplies for meetings 161.99 161.99 156349 01/17/2013 006145 STENO SOLUTIONS Dec transcription srvcs:Police 120.40 120.40 TRANSCRIPTION 156350 01/17/2013 003599 TY LIN INTERNATIONAL NOV CONSULTING SRVCS:F. VLY 121,094.31 PKWY/I-15 DEC CONSULTING SRVCS:F. VLY PKWY, 213,625.20 334,719.51 Page9 apChkLst Final Check List Page: 10 01/17/2013 10:10:53AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 156351 01/17/2013 000305 TARGET BANK BUS CARD SRVCS Description Amount Paid Check Total Theater hospitality & supplies 41.03 Theater hospitality & supplies Theater hospitality & supplies Misc supplies:harveston center recreation supplies: crc Misc supplies:skate park MISC SUPPLIES:TINY TOT PGRM Misc supplies:tcc 52.26 31.61 76.90 60.85 70.85 109.02 125.26 567.78 156352 01/17/2013 010679 TEMECULA AUTO Auto repair: Prevention 219.85 219.85 REPAIR/RADIATOR 156353 01/17/2013 006884 TEMECULA VALLEY CHAMBER FY12/13 3rd qtr sponsorship: Econ Dev 33,750.00 33,750.00 156354 01/17/2013 000306 TEMECULA VALLEY PIPE & irrigation/plumbing supplies:var parks 8.39 8.39 SUPPLY 156355 01/17/2013 011090 TEMECULA VALLEY Transportation:holiday light tour 2,784.80 2,784.80 TRANSPORTATION 156356 01/17/2013 003849 TERRYBERRY COMPANY SERVICE RECOGNITION PINS:HR 6,639.61 6,639.61 156357 01/17/2013 000978 TIP OF SW RIVERSIDE 6 mnth user fee:Trauma Intervention 5,000.00 5,000.00 COUNTY INC Prgm 156358 01/17/2013 013078 TOROK, LORI A. Performances © theater 1/18-19/13 625.00 625.00 156359 01/17/2013 006192 TRISTAFF GROUP temp help w/e 12/30 P. Laulu 772.80 772.80 156360 01/17/2013 014866 TVVM ROOFING, INC rooting srvcs: tem library 550.00 550.00 156361 01/17/2013 000325 UNITED WAY United Way Charities Payment 25.00 25.00 156362 01/17/2013 004794 VALLEY WINDS COMMUNITY Entertainment:old town 12/15 & 12/31 625.00 625.00 156363 01/17/2013 004261 VERIZON Jan xxx-6540 gen usage:Rod fire stn 8741 87.41 156364 01/17/2013 004789 VERIZON Dec Internet svcs:SW DSL:PD:Jones, C. 79.90 Dec Internet svcs:Library 0.08 79.98 156365 01/17/2013 004848 VERIZON SELECT SERVICES Jan long distance phone svcs 13.34 INC Dec long distance phone svcs 11.15 24.49 Page:10 apChkLst Final Check List Page: 11 01/17/2013 10:10:53AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 156366 01/17/2013 014781 WILLIAMS ARCHITECTS, INC. DESIGN SRVCS TCC 680.29 680.29 999278 01/11/2013 015527 BASSETT, VON DA refund:sec dep:rm rental:Harveston 200.00 200.00 999279 01/11/2013 015528 DALMACIO, AMELINDA refund:sec dep:rm rental:Harveston 200.00 200.00 999280 01/11/2013 015529 DAGDAGAN, ARACELI refund:Bear cub univ 4000.101 404.00 404.00 999281 01/11/2013 015530 DEWITT, SABRINA refund:Tiny tots terrific 3's 1040.102 44.80 44.80 999282 01/11/2013 015478 HORIMOTO, LINH refund:Holiday lights bus tour 4449.116 45.00 45.00 999283 01/11/2013 015025 MA, LIN refund:balance on acct:TCSD 277.00 277.00 999284 01/11/2013 005539 PINKHAM, ROCHELLE partial refund:sec dep:rm 138.00 138.00 999285 01/11/2013 015026 RUIZ, DEMILYN refund:My 1st art class 1320.101 78.00 78.00 999286 01/11/2013 015531 SCUTELNICU, OCTAVIAN refund:Wonders! Science 1855.101 187.50 187.50 999287 01/11/2013 015531 SCUTELNICU, OCTAVIAN refund:Boot camp for beginners 35.00 35.00 999288 01/11/2013 015532 WEINSTEIN, JAYMIE refund:Bright scholars 6000.102 246.40 246.40 999289 01/11/2013 015532 WEINSTEIN, JAYMIE refund:Bright scholars 6000.102 224.00 224.00 Grand total for UNION BANK OF CALIFORNIA: 1,211,021.74 Pagel 1 apChkLst Final Check List Page: 12 01/17/2013 10:10:53AM CITY OF TEMECULA 150 checks in this report. Grand Total All Checks. 1,211,021 74 Page:12 apChkLst Final Check List Page: 1 01/24/2013 12:27:26PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 156367 01/17/2013 002366 STEAM SUPERIOR CARPET install/repair carpet: children's museum 2,225.00 2,225.00 CLEANING 156368 01/24/2013 007186 AB MAILING SOLUTIONS POSTAGE: THEATER POSTCARD 3,463.40 3,463.40 156369 01/24/2013 004180 ADVISORS MARKETING misc supplies:tcsd special events 1,282.19 1,282.19 GROUP, LLC 156370 01/24/2013 006915 ALLIES PARTY EQUIPMENT equip rental: winter wonderland 2,255.73 MISC RENTAL EQUIP:SPECIAL EVE 247.74 2,503.47 156371 01/24/2013 015540 AREA 23A, LLC license fee:screening wretches & jab 250.00 250.00 156372 01/24/2013 015471 ARGUS GROUP HOLDINGS, rescue equipment: Stn 73 225.73 225.73 LLC 156373 01/24/2013 002541 BECKER CONSTRUCTION replace guardrail: rainbow cyn road 4,540.00 4,540.00 SRVS INC 156374 01/24/2013 008605 BONTERRA CONSULTING 10/12-11/9 cnslt:pechanga pkwy 1,164.00 8/10-9/14 CNSLT: RRSP DESILTING 1 492.50 1,656.50 156375 01/24/2013 003138 CAL MAT PW patch truck materials 524.88 524.88 156376 01/24/2013 000484 CALIF ASSN FOR LOCAL 2013 annual mbrshp:Eco dev:Damko, C 80.00 80.00 ECONOMIC 156377 01/24/2013 001267 CALIF DEPT OF MOTOR pti svc fee '08 carsn carrier: PW Maint 10.00 10.00 VEHICLES 156378 01/24/2013 009640 CERTIFION CORPORATION Dec database subscription: police 150.00 150.00 156379 01/24/2013 001264 COSTCO WHOLESALE misc supplies: human svcs pgrm 78.91 78.91 156380 01/24/2013 015213 CYBER COMPUTERS, INC. (25) hp 8300 elite pc's: Info Tech 17,964.38 17,964.38 156381 01/24/2013 003561 D F M ASSOCIATES 2013 Calif elections code:city clerk 54.00 54.00 156382 01/24/2013 010054 DANCE MAGAZINE, INC. 2 yr renewal:Theater:Barnett, B 51.99 51.99 156383 01/24/2013 014580 DANCE THEATRE COLLECTIVE settlement:danceXchange 1/15 108.50 108.50 Pagel apChkLst Final Check List Page: 2 01/24/2013 12:27:26PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 156384 01/24/2013 015535 DEMARCO, ROSALIE Description TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 156385 01/24/2013 015551 DRUHE, KEVIN OR KRISTINA refund:VICR fee #TE123380032 156386 01/24/2013 002390 EASTERN MUNICIPAL WATER Dec water meter:32131 So Loop rd bldg DIST Amount Paid Check Total 280.00 210.00 70.00 560.00 124.00 124.00 366.56 366.56 156387 01/24/2013 004829 ELLISON WILSON ADVOCACY Nov legislative cnslt svcs: CM 3,500.00 LLC Dec legislative cnslt svcs: CM 3,500.00 7,000.00 156388 01/24/2013 010804 FEHR & PEERS ASSOCIATES NOV CNSLT SVCS: JEFFERSON 7,775.22 7,775.22 CORRIDOR 156389 01/24/2013 011922 FIRST AMERICAN CORELOGIC Dec database subscr: code enf INC 211.00 211.00 156390 01/24/2013 003347 FIRST BANKCARD CENTER 004462 C D W GOVERNMENT INC GB ergonomic monitor arm kit 265.60 012841 AMERICAN COUNCIL OF PR (8)'13 CA env guides: Planning 221.90 015558 ROSATI'S PIZZA SJ meal: closed council mtg 12/11 172.17 005119 ROCKHURST UNIV PR regist: pinterest mkt trn CD/CW/CK 129.00 CONTINUING EDUC 004002 MILNER, DAVID SJ printing (3) value stmt 93.74 011383 CAL STATE SAN MARCOS ME regist: CSUSM rpt comm mtg 2/7 25.00 UARSC 015559 BOOKSHOUT.COM PR publication bldg ecosys: econ dev 14.00 156391 01/24/2013 003281 FOREMOST PROMOTIONS Crime prevention promo items:police 3,407.38 156392 01/24/2013 011145 FOSTER, JILL CHRISTINE TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 156393 01/24/2013 010326 G E MOBILE WATER, INC washer supplies/maint: Sta 73 washer supplies/maint: Sta 73 156394 01/24/2013 013552 GANDS PRODUCTIONS LLC settlement:Country...merc 1/19 156395 01/24/2013 000177 GLENNIES OFFICE PRODUCTS 12/28 DOC SHRED SVCS: LIBRARY INC 2,352.00 2,254.00 1,437.33 718.67 921.41 3,407.38 6,762.00 59.00 25.92 84.92 821.25 821.25 96.78 96.78 Page:2 apChkLst 01/24/2013 12:27:26PM Final Check List CITY OF TEMECULA Page: 3 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 156396 01/24/2013 014402 GROEPPER, BROOKE ELIZABETH 156397 01/24/2013 008081 HALL & FOREMAN INC 156398 01/24/2013 004188 HARRIS & ASSOCIATES (Continued) Description TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 12/1-1/4 eng svc:old town storm drain Dec const mgmt svc: fr vlly intchg 156399 01/24/2013 001517 HEALTH & HUMAN RESOURCE Jan employee assistance pgrm:HR CTR 156400 01/24/2013 001135 HEALTHPOINTE MEDICAL GROUP INC 156401 01/24/2013 014167 HELIO POWER, INC. 156402 01/24/2013 015545 HILL, ISAAC 156403 01/24/2013 009306 HILLCRESTACADEMY 156404 01/24/2013 013695 INLAND EMPIRE SHRED IT 156405 01/24/2013 006914 INNOVATIVE DOCUMENT SOLUTIONS 156406 01/24/2013 003266 IRON MOUNTAIN OFFSITE 156407 01/24/2013 015538 JACOBS, PAUL 156408 01/24/2013 003046 K F R O G 95.1 FM RADIO 156409 01/24/2013 013987 LAW OFFICES OF 156410 01/24/2013 003726 LIFE ASSIST INC 156411 01/24/2013 011010 LULA WASHINGTON CONTEMPORARY emp industrial care svcs: HR warranty/svc work:Prkg garage refund:Beginning gymnastics 1724.102 refund:sec dep:rm rental:CRC 12/28 doc shred svcs: Civic Ctr 12/28 doc shred svcs: CRC 12/28 doc shred svcs: Library 12/28 doc shred svcs: Police 0.T.Stn Dec copier maint/usage: citywide Dec copier maint/usage: Library Dec offsite media storage: Records reimb:'12 election entry fee advertising for winterfest in Old Town NOV LEGAL SVC: ROW WESTERN BYPASS Emergency medical supplies: Medics EMERGENCY MEDICAL SUPPLIES: F Amount Paid Check Total 4,168.27 2,946.53 1,724.80 4,666.97 138, 572.86 664.40 135.00 170.00 40.00 200.00 50.00 16.88 15.00 15.00 2,212.51 457.13 495.88 182.66 2,570.00 1,450.00 610.02 222.65 Theater Performance: 1/18-1/19 10,000.00 8,839.60 4,666.97 138,572.86 664.40 135.00 170.00 40.00 200.00 96.88 2,669.64 495.88 182.66 2,570.00 1,450.00 832.67 10,000.00 Page:3 apChkLst Final Check List Page: 4 01/24/2013 12:27:26PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 156412 01/24/2013 013952 LYNES, PATRICE reimb:'12 election entry fee 190.16 190.16 156413 01/24/2013 004813 M & J PAUL ENTERPRISES INC Jolly Jump:New Year's Eve 270.00 270.00 156414 01/24/2013 008610 M C R STAMPS DJ srvcs:high hopes pgrm 01/04/13 25.00 25.00 156415 01/24/2013 004141 MAINTEX INC misc cleaning supplies: civic center 795.31 795.31 156416 01/24/2013 006571 MELODY'S AD WORKS INC. Reimbursables:old town promotions 100.00 100.00 156417 01/24/2013 004508 NAGGAR, MICHAEL S. reimb:candidate fee 177.26 177.26 156418 01/24/2013 014564 NATIONAL BUSINESS 3/2/13-3/31/14 mbrshp dues:tve2 525.00 525.00 INCUBATION 156419 01/24/2013 015164 NATURES IMAGE, INC Dec enviro mitigation:FVP Overcrossing 1,452.95 1,452.95 156420 01/24/2013 012893 NEWMAN, KAREN Valentine supplies: High Hopes Prgm 64.24 64.24 156421 01/24/2013 002292 OASIS VENDING misc kitchen supplies:civic center 550.24 misc kitchen supplies:foc 146.46 696.70 156422 01/24/2013 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:old town pd office 65.51 65.51 DIV 156423 01/24/2013 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE MAI NT SVCS:TCSD 323.51 323.51 156424 01/24/2013 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW Street Maint 294.32 City Vehicle Maint Svcs:PW Street Mai 217.40 City Vehicle Maint Svcs:PW Street Mai 154.37 666.09 156425 01/24/2013 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Bldg & Safety 107.45 City Vehicle Maint Svcs:Bldg & Safety 24.35 131.80 156426 01/24/2013 015546 PIERSON, HOPE refund:sec dep:rm rental:Harveston 200.00 200.00 156427 01/24/2013 010958 PIPS TECHNOLOGY INC Equip repair:police lidar 240.00 240.00 156428 01/24/2013 010338 POOL & ELECTRICAL misc pool supplies: var sites 188.57 188.57 PRODUCTS INC Page:4 apChkLst 01/24/2013 12:27:26PM Final Check List CITY OF TEMECULA Page: 5 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) 156429 01/24/2013 002185 POSTMASTER 156430 01/24/2013 001416 QUICK CRETE PRODUCTS INC 156431 01/24/2013 015547 RAMIREZ, PAMELA 156432 01/24/2013 000262 RANCHO CALIF WATER DISTRICT 156433 01/24/2013 000271 RBF CONSULTING 156434 01/24/2013 003591 RENES COMMERCIAL MANAGEMENT 156435 01/24/2013 000267 RIVERSIDE CO FIRE DEPARTMENT 156436 01/24/2013 000406 RIVERSIDE CO SHERIFFS DEPT 156437 01/24/2013 004822 RIVERSIDE TRANSIT AGENCY Dec trolley services payment Description Replenish postage due account trash receptacle lids: var park sites refund:sec dep:rm rental:CRC Jan var water meters:TCSD svc lev C Jan var water meters:TCSD & PW Dec Lndscp water meter:Calle elenita JUN -DEC ENG SRVCS:I-151795 INTRCHG weed abatement: city right-of-ways Jul -Sept fire services Amount Paid Check Total Crime Scene Invest. 1/15-17 B.Pendleton 156438 01/24/2013 000220 ROBINSON PRINTING & CREATIVE 156439 01/24/2013 000277 S & S ARTS & CRAFTS INC 156440 01/24/2013 009196 SACRAMENTO THEATRICAL LIGHTING 156441 01/24/2013 015549 SALDEVAR, PERCIVAL 156442 01/24/2013 008515 SAM DE FAZIOS GOODTIME BAND 156443 01/24/2013 000278 SAN DIEGO UNION TRIBUNE Printing O.T. demographic brochures Printing srvcs:2012 CAFR report cover Printing srvcs:2012 CAFR tab dividers misc supplies for special events Sound/lighting supplies: Theater Sound/lighting supplies: Theater Sound/lighting supplies: Theater Reimb:Critical Incident trng 15/13 Entertainment:MPSC event 1/3/13 NOV PUBLIC NOTICES:PLN/CITY CLERK/PW Oct advertising:halloween carnival Nov advertising:theater Oct public notices:planning/city clerk pe 12/23 subcr srvcs:mpsc 200.00 2,801.50 200.00 2,845.60 88.48 24.03 115,778.51 9,275.00 864,789.50 122.00 1,678.74 1,774.44 574.56 465.48 135.29 459.13 189.52 111.21 89.00 150.00 1,089.36 721.18 364.50 280.80 6.50 200.00 2,801.50 200.00 2,958.11 115,778.51 9,275.00 864,789.50 122.00 1,678.74 2,814.48 135.29 759.86 89.00 150.00 2,462.34 Page:5 apChkLst Final Check List Page: 6 01/24/2013 12:27:26PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 156444 01/24/2013 000278 SAN DIEGO UNION TRIBUNE 52 weeks subscr:Finance 3486697 165.00 26 weeks subscr:t.museum 3491016 60.00 pe 12/30 subcr srvcs:mpsc 6.50 231.50 156445 01/24/2013 011511 SCUBA CENTER TEMECULA TCSD Instructor Earnings 84.00 84.00 156446 01/24/2013 009213 SHERRY BERRY MUSIC Jazz @ the Merc 1/17/13 462.00 462.00 156447 01/24/2013 004498 SIEMENS INDUSTRY, INC. Fire alarm system recharge:Computer rm 24,850.00 24,850.00 156448 01/24/2013 000537 SO CALIF EDISON Dec 2-00-397-5059:33340 Camino piedra 6,578.44 Dec 2-27-560-0625:32380 Deerhollow 2,321.79 Dec 2-26-887-0789:40233 Village rd 1,630.72 Dec 2-30-296-9522:31035 Ranchovist 379.56 Dec 2-31-693-9784:26036 Ynez rd TC' 373.53 Dec 2-29-974-7568:26953 Ynez rd TC' 130.43 Dec 2-33-237-4818:30499 Rancho Cal 94.99 Dec 2-29-223-9571:30395 Murr hot spr 49.35 Dec 2-30-099-3847:29721 Ryecrest 25.12 11,583.93 156449 01/24/2013 001212 SO CALIF GAS COMPANY Dec 055-475-6169-5:PHBSP 156450 01/24/2013 000519 SOUTH COUNTY PEST CONTROL INC 45.83 45.83 Jan pest control srvcs: Stn 84 80.00 pest control srvcs:pbsp snack bar SP -C 70.00 pest control srvcs:wolf creek park 49.00 199.00 156451 01/24/2013 000293 STADIUM PIZZA INC Refreshments:Winter Wonderland 244.28 244.28 156452 01/24/2013 009452 STRAWN, WILLIAM R. Reimb:supplies for Community Theater 155.20 155.20 156453 01/24/2013 012789 STUART, JENNIFER SARAH TCSD Instructor Earnings 4,712.00 4,712.00 156454 01/24/2013 015548 SUMMERLIN, ELENA refund:sec dep:rm rental:TCC 200.00 200.00 156455 01/24/2013 013387 SWEEPING UNLIMITED INC Jan sweeping srvcs: of parking garage 500.00 500.00 156456 01/24/2013 010924 T & D COMMUNICATIONS, INC. Cabling:6th Street Old Town 302.33 302.33 156457 01/24/2013 003599 T Y LIN INTERNATIONAL Nov dsgn srvcs:western bypass bridge 2,508.45 2,508.45 Page:6 apChkLst Final Check List Page: 7 01/24/2013 12:27:26PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 156458 01/24/2013 000305 TARGET BANK BUS CARD SRVCS 156459 01/24/2013 012265 TEMECULA ACE HARDWARE C/O 156460 01/24/2013 003677 TEMECULA MOTORSPORTS L LC 156461 01/24/2013 011736 TEMECULA TROPHY INC 156462 01/24/2013 009194 TEMECULA VALLEY NEWS (Continued) Description Misc supplies:high hopes pgrm MISC SUPPLIES:MPSC MISC SUPPLIES:TINY TOT PGRM Misc hardware supplies: Sta 92 Misc hardware supplies: Sta 92 Veh repair & maint:police Name/title plates:Council Chambers Nov advertising: Theater 156463 01/24/2013 004274 TEMECULA VALLEY SECURITY locksmith services: french vly pkwy ph CENTR 156464 01/24/2013 010276 TIME WARNER CABLE 156465 01/24/2013 006192 TRISTAFF GROUP 156466 01/24/2013 015136 UNIVERSAL PROTECTION SERVICE 156467 01/24/2013 014848 VALUTEC CARD SOLUTIONS, LLC 156468 01/24/2013 004261 VERIZON 156469 01/24/2013 004789 VERIZON 156470 01/24/2013 012292 VIAMEDIA INC 156471 01/24/2013 009101 VISION ONE INC 156472 01/24/2013 009921 WASHINGTON, CHUCK Jan high speed internet:32211 Wolf vly Jan high speed internet:32364 Overlan temp help w/e 01/06 P. Laulu Aug security srvcs:harveston lake Dec ShoWare gift card service:Theater Dec xxx-0074 general usage Jan xxx-2941 gen usage:bus incubator Dec xxx-0073 general usage Jan Internet svcs:Civic Center Jan Internet svcs:Theater Dec advertising:Winterfest in Old Town Dec ShoWare ticketing services:Theater reimb:candidate fee 156473 01/24/2013 001342 WAXIE SANITARY SUPPLY INC misc cleaning supplies:crc/theater misc custodial supplies: var park sites Amount Paid Check Total 84.09 58.43 47.85 190.37 12.87 6.95 19.82 627.88 627.88 86.74 86.74 286.40 286.40 180.65 180.65 102.17 44.95 147.12 772.80 772.80 64.00 64.00 39.16 39.16 2,755.15 422.38 103.05 3,280.58 289.99 95.04 385.03 1,781.00 1,781.00 2,658.60 2,658.60 181.16 181.16 42.02 40.25 82.27 Page:7 apChkLst 01/24/2013 12:27:26PM Final Check List CITY OF TEMECULA Page: 8 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) 156474 01/24/2013 003730 WEST COAST ARBORISTS INC 156475 01/24/2013 015431 WIEDIG, TERRY D. 156476 01/24/2013 015550 WILSON, WALTER 156477 01/24/2013 003776 Description tree trim & removal: harveston slope tree trim & removal: villages slope tree trim & maint srvcs: pw street mains Bell commander software:library reimb:candidate fee ZOLL MEDICAL CORPORATION MEDICAL EQUIP & SUPPL: MEDICS 999290 01/22/2013 015541 BRADLEY, GAIL 999291 01/22/2013 015542 GUNDEL, KAREN 999292 01/22/2013 015531 SCUTELNICU, OCTAVIAN 999293 01/22/2013 015543 SMITH, CINTHIA 999294 01/22/2013 015544 THORPE, JADE MEDICAL EQUIP & SUPPL: MEDICS refund:Boot camp w/a kick 3550.106 refund:Nutrition wkshp 1021.101 refund:Boot camp for beginners refund:Jr sports 4-5 1870.101 refund:Wonders! Science 1855.101 Amount Paid Check Total 12,831.00 7,992.00 252.00 395.00 180.86 872.08 77.58 35.00 60.00 35.00 105.00 125.00 Grand total for UNION BANK OF CALIFORNIA: 21,075.00 395.00 180.86 949.66 35.00 60.00 35.00 105.00 125.00 1,325,035.08 Page:8 apChkLst Final Check List Page: 9 01124/2013 12:27:26PM CITY OF TEMECULA 116 checks in this report. Grand Total All Checks: 1,325,035.08 Page:9 Item No. 4 Approvals City Attorney Chief Financial Officer City Manager OtOL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Heidi Schrader, Acting Chief Financial Officer DATE: February 12, 2013 SUBJECT: City Treasurer's Report as of December 31, 2012 PREPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of December 31, 2012. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of December 31, 2012. FISCAL IMPACT: None ATTACHMENTS: City Treasurer's Report as of December 31, 2012 Investments City of Temecula, California Portfolio Management Portfolio Summary December 31, 2012 City of Temecula 41000 Main Street P.O. Box 9033 Temecula, CA, 92590 (951)694-6430 Par Market Book % of Days to YTM YTM Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts 49,319,441.24 49,319,441.24 49,319,441.24 45.25 1 1 0.191 0.194 Retention Escrow Account 6,624,725.15 6,624,725.15 6,624,725.15 6.08 1 1 0.000 0.000 Letter of Credit 1.00 1.00 1.00 0.00 1 1 0.000 0.000 Local Agency Investment Funds 24,04 2,31 7.54 24,066,613.11 24,042,317.54 22.06 1 1 0.322 0.326 Federal Agency Callable Securities 10,000,000.00 10,080,670.00 10,000,000.00 9.18 1,662 895 2.008 2.036 Federal Agency Bullet Securities 19,000,000.00 19,167,900.00 18,996,770.00 17.43 1,255 787 0.944 0.957 Investments 108,986,484.93 109,259,350.50 108,983,254.93 100.00% 372 220 0.506 0.513 Cash Passbook/Checking (not included in yield calculations) Total Cash and Investments 3,274,147 136 112,260,632.59 3,274,147.66 3,274,147.66 1 1 0.000 0.000 112,533,498.16 112,257,402.59 372 220 0.506 0.513 Total Earnings December 31 Month Ending Fiscal Year To Date Current Year 47,456.48 341,478.88 Average Daily Balance 112,430,548.85 131,618,509.86 Effective Rate of Return 0.50% 0.51% Reporting period 12/01/2012-12/31/2012 Run Date: 01128+2013 -13:57 Portfolio TEME CP PM (PRF_PM1) SymRept8.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments December 31, 2012 Page 2 Average Purchase Stated YTM YTM Days to Maturity Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 1 2221 6003-2 CITY COP RE2 ASSURED GUARANTY 0.00 0.00 0.00 1.000 0.986 1.000 1 104348008-1 01-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348006-4 01-2 RESA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348016-3 01-2 RESB2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348000-4 01-2 SPTAX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669911-2 03-1 ACQA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669921-3 03-1 ACQB3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669902-3 03-1 BON D3 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 94669906-3 03-1 RES A3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669916-2 03-1 RES B2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669900-4 03-1 SPTAX1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593011-2 03-2 ACQ 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593009-2 03-2 EMW D 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593007-2 03-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593016-4 03-2 LOC 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593010-2 03-2 PWADM2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593006-2 03-2 RES 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593000-3 03-2 SPTX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727011-2 03-3 ACQ2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727002-2 03-3 BOND 2 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 744727007-2 03-3 CITY2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727009 03-3 EMW D 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727006-3 03-3 RES3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727000-4 03-3 SP TX 4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686001-2 03-4 ADMIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686005-1 03-4 PREP1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686000-1 03-4 RED1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686006-2 03-4 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776002-2 03-6 BON D2 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 786776007-2 03-6 IMP2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776006-2 03-6 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776000-3 03-6 SP TX3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453510-2 88-12 BON D2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453518-4 88-12 GI4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 1 2221 6003-4 CITY COP RE4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 122216008-3 CITY COPCIP2 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 1 2221 600 0-2 CITY COPLPF2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 02 INTI First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94 43 41 61-2 RDA 02 PRIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 Run Date: 01/28/2013 - 13:57 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments December 31, 2012 Page 3 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 107886008-2 RDA 06 CIPA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886001 RDA 06 PRIN First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 107886000-2 RDA O6A INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886018-3 RDA 06B CIP3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886010-2 RDA O6B INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886016-2 RDA 06B RES2 First American Treasury 202,117.66 202,117.66 202,117.66 0.020 0.020 0.020 1 107886030-2 RDA 07 CAPI2 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 107886027-2 RDA 07 ESC2 First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 107886020-2 RDA 07 INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886028-2 RDA 07 PROJ2 First American Treasury 209,648.55 209,648.55 209,648.55 0.020 0.020 0.020 1 107886026-2 RDA 07RES2 First American Treasury 1,104,095.79 1,104,095.79 1,104,095.79 0.020 0.020 0.020 1 136343006 RDA 10 DS 1 First American Treasury 1,264,021.50 1,264,021.50 1,264,021.50 0.020 0.020 0.020 1 136343008 RDA 1 OA CIP2 First American Treasury 19,947.75 19,947.75 19,947.75 0.020 0.020 0.020 1 136343001-2 RDA 10A -INTI First American Treasury 07/01/2012 1.48 1.48 1.48 0.001 0.001 0.001 1 136343018-2 RDA 10B CIP2 First American Treasury 1,186,406.84 1,186,406.84 1,186,406.84 0.020 0.020 0.020 1 136343000-1 RDA 106 -INTI First American Treasury 07/01/2012 0.08 0.08 0.08 0.001 0.001 0.001 1 94432360-2 TCSD COP INT First American Treasury 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 104348006-5 01-2 RESA11 Federated Tax Free Obligations 440,429.91 440,429.91 440,429.91 0.030 0.030 0.030 1 104348016-5 01-2 RESB11 Federated Tax Free Obligations 202,748.27 202,748.27 202,748.27 0.030 0.030 0.030 1 104348000-5 01-2 SPTAX11 Federated Tax Free Obligations 82,347.69 82,347.69 82,347.69 0.030 0.030 0.030 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 2,657,053.64 2,657,053.64 2,657,053.64 0.030 0.030 0.030 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 144.49 144.49 144.49 0.030 0.030 0.030 1 94669922-5 03-01 COI Federated Tax Free Obligations 08/01/2012 0.14 0.14 0.14 0.001 0.001 0.001 1 94669917-5 03-01 RES Federated Tax Free Obligations 08/01/2012 799.64 799.64 799.64 0.030 0.030 0.030 1 94669906-5 03-01 RESA11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94669916-5 03-01 RESB11 Federated Tax Free Obligations 147,764.74 147,764.74 147,764.74 0.030 0.030 0.030 1 94669000-5 03-01 SPTAX11 Federated Tax Free Obligations 64,530.30 64,530.30 64,530.30 0.030 0.030 0.030 1 164741009-5 03-03 COI Federated Tax Free Obligations 08/01/2012 0.17 0.17 0.17 0.001 0.001 0.001 1 164741008-5 03-03 IMP Federated Tax Free Obligations 08/01/2012 936,464.69 936,464.69 936,464.69 0.030 0.030 0.030 1 164741006-5 03-03 RES Federated Tax Free Obligations 08/01/2012 388.79 388.79 388.79 0.030 0.030 0.030 1 164741000-5 03-03 SPEC Federated Tax Free Obligations 08/01/2012 152,156.25 152,156.25 152,156.25 0.030 0.030 0.030 1 164742009-5 03-06 COI Federated Tax Free Obligations 08/01/2012 0.13 0.13 0.13 0.001 0.001 0.001 1 164742006-5 03-06 RES Federated Tax Free Obligations 08/01/2012 776.15 776.15 776.15 0.030 0.030 0.030 1 786776006-5 03-06 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 164742000-5 03-06 SPEC Federated Tax Free Obligations 08/01/2012 341,213.92 341,213.92 341,213.92 0.030 0.030 0.030 1 786776000-5 03-06SPTAX11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94669902-5 03-1bond fd Federated Tax Free Obligations 08/24/2012 0.51 0.51 0.51 0.001 0.001 0.001 1 793593011-5 03-2 ACQ11 Federated Tax Free Obligations 6.73 6.73 6.73 0.001 0.001 0.001 1 793593009-5 03-2 EMW D11 Federated Tax Free Obligations 5,192.33 5,192.33 5,192.33 0.030 0.030 0.030 1 Run Date: 01/28/2013 - 13:57 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments December 31, 2012 Page 4 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 793593016-5 03-2 LOC11 Federated Tax Free Obligations 141,974.20 141,974.20 141,974.20 0.030 0.030 0.030 1 793593010-5 03-2 PWADM11 Federated Tax Free Obligations 3,491.89 3,491.89 3,491.89 0.030 0.030 0.030 1 793593006-5 03-2 RES11 Federated Tax Free Obligations 368.21 368.21 368.21 0.030 0.030 0.030 1 793593000-5 03-2 SPTX Federated Tax Free Obligations 27,147.38 27,147.38 27,147.38 0.030 0.030 0.030 1 793593007-5 03-2-IMPR11 Federated Tax Free Obligations 1,144.16 1,144.16 1,144.16 0.030 0.030 0.030 1 744727006-5 03-3 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 744727011-5 03-3ACQ11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94686001-5 03-4 ADMIN11 Federated Tax Free Obligations 507.44 507.44 507.44 0.030 0.030 0.030 1 94686005-5 03-4 PREP11 Federated Tax Free Obligations 07/01/2012 0.02 0.02 0.02 0.001 0.001 0.001 1 94686000-5 03-4 RED11 Federated Tax Free Obligations 19,033.64 19,033.64 19,033.64 0.030 0.030 0.030 1 94686006-5 03-4 RES11 Federated Tax Free Obligations 73,007.03 73,007.03 73,007.03 0.030 0.030 0.030 1 744727000-5 03-SSPTAX11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 146161000-5 146161000-5 Federated Tax Free Obligations 07/01/2012 1.48 1.48 1.48 0.001 0.001 0.001 1 146161001-5 146161001-5 Federated Tax Free Obligations 0.29 0.29 0.29 0.001 0.001 0.001 1 146161006-5 RDA 11 DS11 Federated Tax Free Obligations 1,308,949.12 1,308,949.12 1,308,949.12 0.030 0.030 0.030 1 1 461 61 008-5 RDA 11ACIP11 Federated Tax Free Obligations 11,268,556.24 11,268,556.24 11268,556.24 0.030 0.030 0.030 1 146161009-5 RDA 11ACOI11 Federated Tax Free Obligations 07/01/2012 0.00 0.00 0.00 0.020 0.020 0.020 1 94432363 02001 Financial Security Assurance 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 793593011-1 03-2-1 ACQUI CA Local Agency Investment Fun 22,242,883.50 22,242,863.50 22,242,883.50 0.326 0.322 0.326 1 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 1,575,324.67 1,575,324.67 1,575,324.67 0.326 0.322 0.326 1 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 0.00 0.00 0.00 0.326 0.322 0.326 1 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 0.00 0.00 0.00 0.326 0.322 0.326 1 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 3,638,791.83 3,638,791.83 3,638,791.83 0.326 0.322 0.326 1 122216008 CITY COP CIP CA Local Agency Investment Fun 0.00 0.00 0.00 0.326 0.322 0.326 1 1 2221 6003-1 CITY COP RE1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.326 0.322 0.326 1 107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.326 0.322 0.326 1 107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.326 0.322 0.326 1 107886030-1 RDA 07 CAP -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.326 0.322 0.326 1 107886027-1 RDA 07 ESC -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.326 0.322 0.326 1 107886028-1 RDA 07 PRO -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.326 0.322 0.326 1 107886026-1 RDA 07 RES -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.326 0.322 0.326 1 107886006 RDA 06 RES A MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 94434166 RDA TABS RES MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 94669905-0 03-01 REF USBANK 08/01/2012 0.00 0.00 0.00 0.000 0.000 1 744727099-0 03-03 REF USBANK 08/01/2012 0.00 0.00 0.00 0.000 0.000 1 786776099-0 03-06 REF USBANK 08/01/2012 0.00 0.00 0.00 0.000 0.000 1 SYS95453516-1 95453516-1 USBANK 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 Subtotal and Average 49,955,703.23 Run Date: 01/28/2013 - 13:57 49,319,441.24 49,319,441.24 49,319,441.24 0.191 0.194 1 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments December 31, 2012 Page 5 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Retention Escrow Account 194012308-16 RJ NOBLE Bank of Sacramento 07/01/2012 164,939.04 164,939.04 164,939.04 0.000 0.000 1 ARMY CORPS Army Corps Union Bank 07/01/2012 600,052.47 600,052.47 600,052.47 0.000 0.000 1 SYSPI aza Prtnr PI aza Prtnr Wells Fargo Bank 07/01/2012 4,000,066.86 4,000,066.86 4,000,066.86 0.000 0.000 1 PORTOLA TRRC Portola Trrc Wells Fargo Bank 07/01/2012 1,859,666.78 1,859,666.78 1,859,666.78 0.000 0.000 1 Subtotal and Average 6,610,477.46 6,624,725.15 6,624,725.15 6,624,725.15 0.000 0.000 1 Letter of Credit 104348006-1 02008 ASSURANCE CO BOND INSURANCE 07/01/2012 Subtotal and Average 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.000 0.000 1 0.000 0.000 1 Local Agency Investment Funds 94669917-1 03-01-1 RES CA Local Agency Investment Fun 11/07/2012 765,000.00 765,000.00 765,000.00 0.326 0.322 0.326 1 164742006-1 03-06 RES -1 CA Local Agency Investment Fun 11/07/2012 306,000.00 306,000.00 306,000.00 0.326 0.322 0.326 1 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.326 0.322 0.326 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.326 0.322 0.326 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.326 0.322 0.326 1 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.326 0.322 0.326 1 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.326 0.322 0.326 1 164741006-1 0303-1 RES CA Local Agency Investment Fun 11/07/2012 1,418,000.00 1,418,000.00 1,418,000.00 0.326 0.322 0.326 1 SYSCITY CITY CA Local Agency Investment Fun 10,126,013.91 10,137,428.27 10,126,013.91 0.326 0.322 0.326 1 SYSRDA RDA CA Local Agency Investment Fun 1,740.11 1,742.07 1,740.11 0.326 0.322 0.326 1 SYSRDA 10 DS 2 RDA 10 DS 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.326 0.322 0.326 1 SYSRDA 10A CIP1 RDA 10A CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.326 0.322 0.326 1 136343018-1 RDA 10B CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.326 0.322 0.326 1 SYSTCSD TCSD CA Local Agency Investment Fun 11,425,563.52 11,436,442.77 11,425,563.52 0.326 0.322 0.326 1 Subtotal and Average 25,719,736.89 24,042,317.54 24,066,613.11 24,042,317.54 0.322 0.326 1 Federal Agency Callable Securities 3134G3BV1 01179 Federal Home Loan Mtg Corp 12/09/2011 1,000,000.00 1,015,460.00 1,000,000.00 1.400 1.381 1.400 1,438 12/09/2016 3134G3CL2 01181 Federal Horne Loan Mtg Corp 12/16/2011 1,000,000.00 1,005,710.00 1,000,000.00 1.000 0.986 1.000 896 06/16/2015 3134G3PH7 01186 Federal Home Loan Mtg Corp 02/24/2012 1,000,000.00 1,005,790.00 1,000,000.00 1.000 0.986 1.000 1,331 08/24/2016 3136F9CB7 01088 Federal National Mtg Assn 03/11/2008 2,000,000.00 2,014,860.00 2,000,000.00 4.000 3.945 4.000 69 03/11/2013 3136F9DP5 01090 Federal National Mtg Assn 03/27/2008 1,000,000.00 1,009,160.00 1,000,000.00 4.000 3.945 4.000 85 03/27/2013 3136FRB44 01172 Federal National Mtg Assn 07/22/2011 1,000,000.00 1,009,610.00 1,000,000.00 2.125 2.096 2.125 1,298 07/22/2016 3136FTBQ1 01176 Federal National Mtg Assn 10/24/2011 1,000,000.00 1,009,830.00 1,000,000.00 1.350 1.332 1.350 1,392 10/24/2016 3136FT4R7 01188 Federal National Mtg Assn 03/27/2012 1,000,000.00 1,008,790.00 1,000,000.00 1.000 0.986 1.000 1,365 09/27/2016 3135G0PR8 01191 Federal National Mtg Assn 10/09/2012 1,000,000.00 1,001,460.00 1,000,000.00 0.480 0.473 0.480 1,011 10/09/2015 Subtotal and Average 10,064,516.13 Run Date: 01/28/2013 - 13:57 10,000,000.00 10,080,670.00 10,000,000.00 2.008 2.036 895 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments December 31, 2012 Page 6 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Bullet Securities 31331GE47 01135 Federal Farm Credit Bank 07/29/2009 1,000,000.00 1,011,910.00 997,500.00 2.250 2.284 2.316 209 07/29/2013 31331GG37 01137 Federal Farm Credit Bank 08/04/2009 1,000,000.00 1,001,800.00 1,000,000.00 2.150 2.121 2.150 34 02/04/2013 31331KCA6 01164 Federal Farm Credit Bank 02/10/2011 1,000,000.00 1,013,020.00 1,000,000.00 1.375 1.356 1.375 405 02/10/2014 31331KTK6 01174 Federal Farm Credit Bank 08/01/2011 1,000,000.00 1,009,720.00 1,000,000.00 0.875 0.863 0.875 577 08/01/2014 31331KE55 01175 Federal Farm Credit Bank 10/06/2011 1,000,000.00 1,027,190.00 1,000,000.00 1.300 1.282 1.300 1,374 10/06/2016 31331KK58 01177 Federal Farm Credit Bank 10/26/2011 1,000,000.00 1,017,960.00 1,000,000.00 1.050 1.036 1.050 1,028 10/26/2015 31331KV98 01178 Federal Farm Credit Bank 11/23/2011 1,000,000.00 1,015,870.00 1,000,000.00 0.970 0.957 0.970 1,056 11/23/2015 31331KY79 01180 Federal Farm Credit Bank 11/29/2011 1,000,000.00 1,001,540.00 1,000,000.00 0.500 0.493 0.500 332 11/29/2013 31331K2P4 01182 Federal Farm Credit Bank 12/09/2011 1,000,000.00 1,016,830.00 1,000,000.00 1.000 0.986 1.000 1,072 12/09/2015 31331K6P0 01183 Federal Farm Credit Bank 01/19/2012 1,000,000.00 1,012,460.00 1,000,000.00 0.850 0.838 0.850 1,113 01/19/2016 3133EA6K9 01192 Federal Farm Credit Bank 10/29/2012 1,000,000.00 1,000,030.00 1,000,000.00 0.410 0.404 0.410 1,031 10/29/2015 313372UH5 01166 Federal Home Loan Bank 03/15/2011 1,000,000.00 1,006,580.00 1,000,000.00 1.125 1.110 1.125 255 09/13/2013 313374CZ1 01168 Federal Horne Loan Bank 06/22/2011 1,000,000.00 1,012,410.00 1,000,000.00 1.000 0.986 1.000 629 09/22/2014 313376V77 01184 Federal Home Loan Bank 01/23/2012 1,000,000.00 1,004,180.00 1,000,000.00 0.520 0.513 0.520 752 01/23/2015 313376YQ2 01185 Federal Horne Loan Bank 02/13/2012 1,000,000.00 1,001,640.00 1,000,000.00 0.400 0.395 0.400 773 02/13/2015 313378AC5 01187 Federal Home Loan Bank 02/22/2012 1,000,000.00 1,003,590.00 1,000,000.00 0.500 0.493 0.500 871 05/22/2015 313378QH7 01189 Federal Horne Loan Bank 03/28/2012 1,000,000.00 1,014,040.00 1,000,000.00 0.900 0.888 0.900 1,182 03/28/2016 313381DZ5 01193 Federal Home Loan Bank 11/28/2012 1,000,000.00 995,800.00 1,000,000.00 0.550 0.542 0.550 1,456 12/27/2016 3135G0HG1 01190 Federal National Mtg Assn 07/05/2012 1,000,000.00 1,001,330.00 999,270.00 0.375 0.399 0.404 804 03/16/2015 Subtotal and Average 18,996,770.00 19, 000,000.00 19,167, 900.00 18,996,770.00 0.944 0.957 787 Total and Average 112,430,548.85 Run Date: 01/28/2013 - 13:57 108,986,484.93 109, 259, 350.50 108,983,254.93 0.506 0.513 220 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Cash December 31, 2012 Average Purchase Stated YTM YTM Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Page 7 Retention Escrow Account SYSAAA#1202 AAA#1202 COMMUNITY BANK 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 4110170281 EDGEDEV TORRY PINES BANK 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 23303800 PCL CONST Wells Fargo Bank 07/01/2012 0.00 0.00 0.00 0.000 0.000 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2012 3,110.00 3,110.00 3,110.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2012 31292.59 31292.59 31,292.59 0.000 0.000 1 SYSGen CkAcct Gen CkAcct Union Bank of California 3,230,931.07 3,230,931.07 3,230,931.07 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2012 8,814.00 8,814.00 8,814.00 0.000 0.000 1 Average Balance 0.00 1 Total Cash and Investments 112,430,548.85 Run Date: 01/28/2013 - 13:57 112, 260,632.59 112, 533,498.16 112,257,402.59 0.506 0.513 220 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Fund # Fund Name CITY OF TEMECULA CASH BALANCES AS OF 12/31/12 001 GENERAL FUND 120 DEVELOPMENT IMPACT FUND 135 BUSINESS INCUBATOR RESOURCE 150 AB 2766 FUND 165 SARDA AFFORDABLE HOUSING 166 SARDA HOUSING 170 MEASURE A FUND 190 TEMECULA COMMUNITY SERVICES DISTRICT 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 197 TEMECULA LIBRARY FUND 210 CAPITAL IMPROVEMENT PROJECT FUND 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 277 CFD-RORIPAUGH 300 INSURANCE FUND 310 VEHICLES AND EQUIPMENT FUND 320 INFORMATION TECHNOLOGY 330 CENTRAL SERVICES 340 FACILITIES 375 SUMMER YOUTH EMPLOYMENT PROGRAM 380 SARDA DEBT SERVICE FUND 381 REDEVELOPMEN PROPERTY TAX TRUST 395 2011 FINANCING LEASE 2001 & 2008 COPS 460 CFD 88-12 DEBT SERVICE FUND 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 530 SERVICE LEVEL"C"ZONE 30 FUTURE ZONES Grand Total: Fund Total $ 26,093,845.52 4,066,499.87 144,732.73 282,991.23 5,758,092.65 16,819,180.13 5,1 18,810.01 985.76 193,332.71 9,280.90 178,149.69 280,465.98 10,937,772.54 2,657,198.13 936,464.69 23,824,551.39 585,156.70 1,268,275.35 670,027.14 435,487.89 423,703.98 7,004.42 1,515,864.00 13,322.88 885.73 86,033.60 782,281.74 983,722.69 96,034.47 1,879,605.66 636,087.65 5,137,895.26 10,825.89 43,379.12 12,105.32 2,208.56 3,766.50 8,818.69 14,152.56 4,428.25 796.53 96.99 41,856.12 314.72 40,623.16 112,557.70 53,390.55 60.54 9,754.33 118,358.02 24,156.23 170,338.31 4,617.46 33,149.52 $ 112,533,498.16 Item No. 5 Approvals City Attorney Chief Financial Officer City Manager 0/-e-i- OtOL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Interim City Manager DATE: February 12, 2013 SUBJECT: Approval of Fiscal Year 2012-13 Mid -Year Budget Adjustments PREPARED BY: Heidi Schrader, Acting Chief Financial Officer David Bilby, Senior Debt Analyst RECOMMENDATION: 1. Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 2012-2013 ANNUAL OPERATING BUDGET 2. Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS BACKGROUND: Each year, the City conducts a mid -year review of its operating budget. The purpose of this review is to conduct an analysis of revenues and expenditures to ensure that the City maintains a prudent and healthy fiscal position. Finance Department staff has performed an analysis of revenues. All City departments have reviewed their operating budgets and have identified any material adjustments required. The mid -year budget review includes the General Fund, Gas Tax Fund, Recovery Act Justice Assistance Grant (JAG) Fund, Energy Efficiency Conservation Block Grant (EECBG) Fund, Business Incubator Fund, Community Development Block Grant (CDBG) Fund, AB 2766 Fund, Law Enforcement Fund, City Housing Fund, Measure A Fund, Debt Service Fund - Civic Center COPs, 2011 Financing Lease 2001 and 2008 COPs, and the Internal Service Funds. Activity in each of the funds is presented in accordance with the following schedules: Summary of Revenues, Expenditures, and Changes in Fund Balances Fiscal Year 2012-13 Midyear Budget: Presents a summary of prior year and fiscal year 2012-13 to December 31, 2012 actual activity, as well as the fiscal year 2012-13 current and revised budget amounts. Also included is a schedule of beginning and estimated ending fund balance based upon the revised budget activity. Revenue Detail: Presents detail of prior year and fiscal year 2012-13 to December 31, 2012 actual revenues, as well as the fiscal year 2012-13 current and revised revenue estimates. GENERAL FUND: Revenues: The projected General Fund revenues reflect a $861,959 or 1.5% increase from the current budget. Significant Estimated Revenue adjustments are as follows: • Community Development — Net increase totaling $397,868 in permit fee activity for the following departments: Planning - $117,126, Building & Safety - $130,155, Land Development - $259,299, offset by a decrease of $108,712 in Fire activity. This is due to an increase in activities for conditional use permits, major modifications, and residential product review, increased volume of new single and multi family homes in Paseo Del Sol and Redhawk areas, as well as work for various tract map projects that occurred earlier than anticipated. • Park and Facilities Maintenance Inspection Fees — A decrease of 20,000 is due to reduction in median/park inspections. • Police and Fire Grants — An increase of $36,000 in Police Grant revenue is a result of a new DUI Mini Grant from the California Office of Traffic Safety. This grant will fund Overtime for Officers to perform DUI traffic enforcement within the City of Temecula. An increase of $9,120 in Fire Grant revenue is due to the County of Riverside making satellite telephones available for purchase at a reduced cost through 2012 Homeland Security grant funds. • Property and Transfer Tax — An increase of $126,727 in Property Transfer Tax revenue was offset by a decrease of $187,479 in Property Tax. The property tax decrease occurred as a result of the actual assessed valuation of property coming in lower than anticipated due to the high volume of valuation appeals. The Property Transfer Tax increase is primarily due to an anticipated increase in the number of ownership transfers, as well as an increase in the change in value transfers. • Franchise Fees - An increase of $85,359 is due to an increase in cable television franchise revenues. • Transient Occupancy Tax - A decrease of 41,092 is due to an increase in average room rates which affected occupancy. • Sales and Use Tax — Net increase of $537,607 in Sales and Use Tax revenue which is based on the sale of new motor vehicles, general consumer goods, and lumber and building materials which continue to recover from the economic downturn as well as new businesses like Nordstrom Rack, Genica and Famous Dave's. • Vehicle Code Fines — A $53,456 decrease due to a reduction in traffic citations written within the City as a result of short term injury and position vacancies. • Investment Interest — A decrease of $60,000 is due to bond investments which have been called prior to their maturity date and reinvested at lower interest rates. • Reimbursement -Miscellaneous — A increase of $49,025 is due to a reimbursement of attorney fees from the bankruptcy estate of North Plaza, LLC. • Operating Transfers In Law Enforcement Fund — A net increase of $65,775 is due to California Senate Bill 89 of 2011 which shifted all City VLF revenues to Law Enforcement Grant Revenue resulting in an increase to the City's Supplemental Law Enforcement Services Grant. • Change in Fair Value of Investments — Decrease by $120,000 due to changes in the value of City owned investments caused by declining interest rates, as well as declines in value as those investments reach maturity or are called. The remaining modifications represent minor adjustments to various revenue line items in the General Fund. Appropriations: A total increase in appropriations of $350,728 or 0.6% from the current budget is requested. Of this increase, $110,880 reflects the cost for the health insurance increase offset for employees in the General Fund which was approved as a part of the Labor MOU reopener. A summary of the remaining appropriation adjustments are as follows: • Community Support — A transfer of $5,000 from the Mayor's discretionary funds to support an Intern Fellowship program, which sponsors internships throughout the City. • City Manager — An increase of $65,416 due to the contract obligation for the previous City Manager. • Strategic Budgeting & Operations — An increase of $94,791 due to the contract obligation for the previous Chief Financial Officer, as well as the consulting cost for the Local Vendor Preference study. • Support Services — A decrease of $90,440 due to the transfer of budget for the Development Services Coordinator from Support Services to Planning. • Human Resources — An increase of $16,834 is primarily due to consulting services for the preparation of a classification plan, FMLA consultants and an increase in recruitment costs. • Planning — A $60,462 increase which is primarily due to the transfer of budget from the Development Services Coordinator position in Support Services, as well as an increase in project employee hours as a result of increased planning activity. • Police Department — A $332,057 increase due to an estimated 5% increase in the projected Sheriff Contract rate from the County of Riverside. • Animal Control — A $22,000 reduction is due to savings from prior year activity being applied to the current year contract. • Non -Departmental — A net reduction of $135,515 which reflects a reduction in the Property Tax Admin fee of $156,715 offset by a slight increase in retiree health plan contributions as a result of the health insurance increase offset. Authorized Positions: There is one position added to the Schedule of Authorized Positions as a result of functional reorganizations. This is a Confidential Administrative Assistant position in the Economic Development Department. Two positions are title changes only and include Chief Financial Officer to Finance Director and Development Services Director to Community Development Director. Two positions are being reclassified and include the the Executive Director of Community Services to Community Services Director and the Director of Community Relations to Assistant City Manager. The Human Resources Manager position is being changed to a Senior Human Resources Analyst position as a result of underfilling the position this fiscal year. With these changes, there will be 157 Authorized Positions. FISCAL IMPACT: The proposed mid -year budget adjustments will result in an increase of $861,959 in General Fund Revenue and an increase of $350,728 in General Fund Expenditures. This results in overall $314,798 Revenues over Expenditures. As a result, there is no plan to use any General Fund Reserves at this time for operating expenditures. ATTACHMENTS: 1. Resolution No. 13-_ Mid -Year Budget Amendment 2. Resolution No. 13- Schedule of Authorized Positions 3. Fiscal Year 2012-13 Mid -Year Budget (Exhibits A, B and C) 4. Schedule of Authorized Positions RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 2012-13 ANNUAL OPERATING BUDGET THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The purpose of this review is to conduct an analysis of revenues and expenditures to ensure that the City maintains a prudent and healthy fiscal position. Section 2. That each year a mid -year review is conducted of City operating budgets. Section 3. That the mid -year review has been completed and the recommended adjustments are reflected in the attached schedules for the City's General Fund, Special Revenue, and Internal Service Funds. Section 4. That the Fiscal Year 2012-13 General Fund Annual Operating Budget is hereby amended in accordance with the attached, hereto as Exhibit A, General Fund Mid -Year Budget. Section 5. That the Annual Operating Budget for Fiscal Year 2012-13 Gas Tax, Recovery Act Justice Assistance Grant (JAG), Energy Efficiency Conservation Block Grant (EECBG), Business Incubator Resource, Community Development Block Grant (CDBG), AB 2766 Fund, Law Enforcement Fund, City Housing, Measure A, Debt Service Fund - Civic Center COPs, and the 2011 Financing Lease 2001 and 2008 COPs are hereby amended in accordance with the attached, hereto as Exhibit B — Special Funds. Section 6. That the Fiscal Year 2012-13 Internal Service Funds Budgets are hereby amended in accordance with the attached, hereto as Exhibit C, Internal Service Funds Mid -Year Budget. Section 7. The City Clerk shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of February, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of February, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Schedule of Authorized Positions, attached hereto, is hereby adopted pursuant to Section 45001 of the California Government Code. Such list is attached to this Resolution and incorporated herein by this reference. Section 2. The Schedule of Authorized Positions shall become effective February 12, 2013, and may be, thereafter, amended. Section 3. The City Manager shall implement the attached Schedule of Authorized Positions and has the authority to select and appoint employees in accordance with the City's personnel policies. Section 4. All prior resolutions and parts of this resolution in conflict with this Resolution are hereby rescinded. Section 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of February, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of February, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA MID -YEAR BUDGET Fiscal Year 2012-13 CITY OF TEMECULA Exhibit A GENERAL FUND CITY OF TEMECULA Summary of Revenues, Expenditures, and Changes in Fund Balance Total Revenues 2011-12 2012-13 2012-13 2012-13 Proposed % Actuals Curert Year to Date Revised Increase Increase Budget Actuals Budget (Decrease) (Decrease) 55,881,347 58,275,844 26,037,650 59,137,803 861,959 1.5% Expenditres by Dept: City Could! 413,549 438,176 210,151 442,676 4,500 1.0% Comrriurity Support 134,629 92,500 52,525 87,500 (5,000) -5.4% City Manager 1,521,961 1,598,717 965,485 1,664,133 65,416 4.1% Economic Development 596,285 973,048 434,520 976,648 3,600 0.4% City Clerk 1,124,073 1,024,000 439,050 1,027,900 3,900 0.4% City Attorney 581,297 791,300 475,410 791,300 - 0.0% Strategic Budgeting and qcserations - 912,969 447,900 1,007,760 94,791 10.4% Accounting and Ptrchasi ng 2,188,992 1,301,699 626,668 1,306,899 5,200 0.4% SLpport Services - 430,373 154,302 339,933 (90,440) -21.0% Finan ResoLrces 575,356 469,813 235,766 486,647 16,834 3.6% Planning 1,835,633 1,676,118 774,030 1,736,580 60,462 3.6% B u !di ng & Safety 1,820,930 2,005,961 924,343 2,017,886 11,925 0.6% Lard Development 1,123,807 1,130,289 554,562 1,137,241 6,952 0.6% P iblic Works 5,099,429 5,539,399 2,208,922 5,555,037 15,638 0.3% CIP Admin 2,238,299 2,217,018 1,085,793 2,228,358 11,340 0.5% Parks Maintenance - 3,898,523 1,687,299 3,874,062 (24,461) -0.6% Police 21,193,529 21,997,988 11,065,563 22,330,045 332,057 1.5% Fre 4,437,049 4,794,865 2,357,516 4,790,394 (4,471) -0.1% Ani mal Control 295,031 465,000 290,531 443,000 (22,000) -4.7% Non -Departmental 6,233,956 4,583,383 2,579,279 4,442,868 (140,515) -3.1% Debt Service - Civic Center COPs 1,019,099 - - - 0.0% 2011 Financing Lease - 2001 & 2008 COPs 686,902 2,136,138 1,068,801 2,136,138 - 0.0% Pavement Management Program - - - - 0.0% Total Expenditres 53,119,806 58,477,277 28,638,416 58,823,005 345,728 0.6% Excess of Revenues Over (Under) Expenditures 2,761,541 (201,433) * (2,600,766) 314,798 516,231 Operating Transfers Out: Stxm er Youth Employment Program - - - (5,000) (5,000) Information Technology Fund - (500,000) - (500,000) - Business Inclbator - (150,000) (150,000) (150,000) Pavement Management Program (3,326,126) (883,745) (883,745) (883,745) - City and Parks Facility Rehabilitation (750,000) (750,000) (696,014) (750,000) - Theatre Construction - (795,000) - (795,000) - Transfer to Capital Improvement Fund (574,653) (614,848) - (614,848) - Total Transfers Out (4,650,779) (3,693,593) (1,729,759) (3,698,593) (5,000) Excess of Revenues Over (Under) Expenditures and Operating Transfers Out (1,889,238) (3,895,026) (4,330,525) (3,383,795) 511,231 * Negative balance due to prior year rollovers paid out of reserve for encu-rbrance. 3 CITY OF TEMECULA Summary of Revenues, Expenditures, and Changes in Fund Balance Fuld Balance, Beg. of Year Revenues Expenditu-es 2011-12 2012-13 2012-13 2012-13 Proposed 0/0 Actuals Curert Year to Date Revised Increase Increase Budget Actuals Budget (Decrease) (Decrease) 32,078,313 29,720,876 29,720,876 29,720,876 - 0.0% 55,881,347 58,275,844 26,037,650 59,137,803 861,959 1.5% (53,119,806) (58,477,277) (28,638,416) (58,823,005) (345,728) 0.6% Operating Transfers Out: Stim er Youth Employment Program - - - (5,000) (5,000) 0.0% Information Technology Fuld - (500,000) - (500,000) - 0.0% Business Inclbator - (150,000) (150,000) (150,000) - 0.0% Pavement Management Program (3,326,126) (883,745) (883,745) (883,745) - 0.0% City and Parks Facility Rehabilitation (750,000) (750,000) (696,014) (750,000) - 0.0% Theatre Construction - (795,000) - (795,000) - 0.0% Transfer to Capital Improvement Fuld (574,653) (614,848) - (614,848) - 0.0% Total Transfers Out (4,650,779) (3,693,593) (1,729,759) (3,698,593) (5,000) 0.1% Extraordinary Loss (RDA Dissolution) (468,199) Esti mated Budget Savings - - - - - 0.0% Fuld Balance, End of Year 29,720,876 25,825,851 25,390,351 26,337,082 511,231 2.0% Detail of Fund Balance: Nonspendable: Inventory 3,058 3,058 3,058 3,058 - 0.0% Prepaid Costs - 1,325 1,325 1,325 - 0.0% Deposits 62,532 - - - - 0.0% Restricted for: Dutch Villages 150,000 - - - - 0.0% Committed to: Contractual Obligations 487,004 - - - - 0.0% Econorric Uncertai rty 11,593,973 11,695,455 11,695,455 11,764,601 69,146 0.6% Assigned to: Capital Projects 4,534,779 3,919,931 4,534,779 3,919,931 - 0.0% Information technology software 500,000 - 500,000 - - 0.0% Pavement Management 2,623,197 1,739,452 1,739,452 1,739,452 - 0.0% Theatre Reconstruction 2,879,175 2,084,175 2,879,175 2,084,175 - 0.0% City and Park Facilities Improvements 750,000 - 53,986 - - 0.0% Comprehensive Annual Leave 1,495,548 1,528,078 1,528,078 1,528,078 - 0.0% Unrealized Gains 302,640 262,780 248,570 248,570 (14,210) -5.4% Unassigned: 4,338,970 4,591,596 2,206,473 5,047,892 456,295 9.9% 29,720,876 25,825,851 25,390,351 26,337,082 511,231 2.0% 4 CITY OF TEMECULA REVENUE DETAIL -General Fund FY 2012-13 FY 2011-12 YTD FY 2012-13 Mdyear Acct # 001 GENERAL FUND Revenue 12/31/12 Budgeted Estimates $ CHANGE % CHANGE 161 Planning - Various 554,076 258,770 743,370 860,496 117,126 15.76% - Grants 180,892 41,080 67,308 67,308 - 0.00% 162 Building & Safety - Various 1,285,533 667,870 1,556,959 1,687,114 130,155 8.36% 163 Land Development - Various 164 Public Works 910,674 355,613 352,019 611,318 259,299 73.66% - Various 1,657 - - 4283+4 -NPDES Permit Fee 3,168 526 3,276 3,276 - 0.00% 4390 -Street Lighting Fees 374 3,420 3,420 - 0.00% 167 Parks & Facilities Maintenance 4004 -Special Tax (Measure C) 4077 -Lease Income 4290 -Inspection Fees 170 Police 4055 -Citations and Bookings 4044+4-Mscellaneous 4067 -Vehicle Impound Fees 4076 -Reimbursements 4083+4 -Grants 171 Fre 928,188 1,872,660 1,853,799 (18,861) -1.01% 22,949 44,893 44,893 - 0.00% - 30,000 10,000 (20, 000) -66.67% 89,196 45,702 99,462 99,462 - 0.00% 90,068 45,303 95,675 95,675 - 0.00% 115,281 56,783 122,000 122,000 - 0.00% 150,312 93,724 142,500 142,500 - 0.00% 60,686 22,005 11,205 47,205 36,000 321.29% - Various 804,193 383,501 830,238 721,526 (108,712) -13.09% 4083 -Grants 12,238 - 1,681 10,801 9,120 542.53% 199 Non -Departmental 4010 -Property Tax 4,663,030 2,650,484 4,838,767 4,667,693 (171,074) -3.54% 4012 -Property Tax (Unsecured) 250,414 226,749 267,069 250,664 (16,405) -6.14% 4013 -Supplemental Tax - AB 2345 88,859 33,037 42,140 42,140 - 0.00% 4016 -Property Transfer Tax 462,837 363,959 425,027 551,754 126,727 29.82% 4018 -Franchise Fees 3,393,439 1,029,614 3,472,211 3,557,570 85,359 2.46% 4020 -Transient OccLpancy Tax 2,400,048 1,140,283 2,585,464 2,544,372 (41,092) -1.59% 4023 -Sales and Use Tax - Triple Flip 6,459,653 3,550,863 7,000,659 6,849,041 (151,618) -2.17% 4024 -Sales and Use Tax - State of Calif 20,266,397 8,298,325 20,877,978 21,567,203 689,225 3.30% 4025 -FEMA Grants 28,406 1,654 - - - 0.00% 4028 -Homeowner Property Tax Relief 77,937 37,846 77,675 78,015 340 0.44% 4043 -Motor Vehicle in Lieu - Triple Flip 5,955,163 2,995,511 5,999,646 5,991,022 (8,624) -0.14% 4046 -Motor Vehicle in Lieu - State of Calif 51,960 53,840 - 53,840 53,840 0.00% 4047 -Vehicle Code Fines 625,398 241,050 653,016 599,560 (53,456) -8.19% 4053 -Bids & Proposals 10,850 4,400 10,350 10,350 - 0.00% 4056 -Business Licenses 292,590 63,417 300,000 300,000 - 0.00% 4059 -Right of Way Advertising 64,200 25,260 55,800 54,270 (1,530) -2.74% Various -Mscellaneous 24,875 20,111 21,260 21,260 - 0.00% 4065 -Investment Interest 172,074 55,641 190,000 130,000 (60, 000) -31.58% 4075 -Rental Income 65,007 33,903 67,812 67,812 - 0.00% 4076 -Reimbursements-Mscellaneous 188,162 197,079 42,614 91,639 49,025 115.04% 4082 -Reimbursements - Redevelopment Agency 64,167 - - - - 0.00% 4083 -Reimbursements-Capital I mprvmnt Prgrm 2,133,771 948,447 2,217,018 2,228,358 11,340 0.51 4090 Operating Transfer In -Gas Tax 3,390,491 1,120,107 2,935,672 2,935,672 - 0.00% 4090 Operating Transfer In -Law Enforcement Fund 206,181 3,611 100,000 165,775 65,775 65.78% 4090 Operating Transfer In -Other 259,516 - - - - 0.00% 4400 -Financing Reimbursement 163,000 79,500 119,000 119,000 - 0.00% 4545 -Change in Fair Value of Investments (133,395) (61,086) - (120,000) (120,000) 0.00% TOTAL GENERAL FUND 55,881,347 26,037,650 58,275,844 59,137,803 861,959 1.48% 5 CITY OF TEMECULA Exhibit B SPECIAL FUNDS CITY OF TEMECULA Summary of Revenues, Expenditures, and Changes in Fund Balance GAS TAX FUND 2011-12 2012-13 2012-13 2012-13 Proposed 0/0 Actuals anent Year to Date Revised Increase Increase Budget Actuals Budget (Decrease) (Decrease) Total Revenues 2,896,091 2,810,355 923,144 2,644,480 (165,875) -5.9% Total Expenditires - - - - - 0.0% Excess of Revenues Over (Under) Expenditires 2,896,091 2,810,355 923,144 2,644,480 (165,875) -5.9% 'Operating Transfers at: To Vehide and Equ ment Fund (113,260) (70,000) - (70,000) - 0.0% To General Fund (3,390,491) (2,935,672) (1,120,107) (2,935,672) - 0.0% Excess of Revenues Over (Under) Expenditires and qcserating Transfers at (607,660) (195,317) (196,963) (361,192) (165,875) 84.9% Fuld Balance, Beg. of Year Fuld Balance, End of Year Total Revenues Total Fgenditires Excess of Revenues Over (Under) ExpenditLres Fund Balances, Beg. of Year Fund Balances, End of Year 1,011,650 403,990 403,990 403,990 403,990 208,673 207,027 42,798 RECOVERY ACT JAG FUNDING 2011-12 2012-13 2012-13 2012-13 Proposed 0/0 Actuals anent Year to Date Revised Increase Increase Budget Actuals Budget (Decrease) (Decrease) 68,845 68,845 4,292 2,511 4,292 - 0.0% 4,292 2,511 4,292 - 0.0% 7 0.0% CITY OF TEMECULA Summary of Revenues, Expenditures, and Changes in Fund Balance ENERGY EFFICIENCY CONSERVATION BLOCK GRANT 2011-12 2012-13 2012-13 2012-13 Proposed 0/0 Actuals anent Year to Date Revised Increase Increase Budget Actuals Budget (Decrease) (Decrease) Total Revenues 452,878 290,604 148,098 290,604 - 0.0% Total Expenditres 10,804 - - - - 0.0% Excess of Revenues Over (Under) Expenditres 442,074 290,604 148,098 290,604 - 0.0% 'Operating Transfers Out: CIP Fund (442,074) (290,604) (148,098) (290,604) - 0.0% Excess of Revenues Over (Under) Expenditres and Operating Transfers Out - - - - - 0.0% Fuld Balances, Beg. of Year Fuld Balances, End of Year BUSINESS INCUBATOR RESOURCE 2011-12 2012-13 2012-13 2012-13 Proposed 0/0 Actuals anent Year to Date Revised Increase Increase Budget Actuals Budget (Decrease) (Decrease) Total Revenues - 16,850 1,782 17,250 400 2.4% Total Expenditu-es - 65,000 9,455 65,000 - 0.0% Excess of Revenues Over (Under) Expenditres - (48,150) (7,673) (47,750) 400 -0.8% 'Operating Transfers In: General Fund 150,000 150,000 150,000 Excess of Revenues Over (Under) Expenditres and Operating Transfers Out - 101,850 142,327 102,250 400 0.4% Fuld Balances, Beg. of Year Fuld Balances, End of Year 101,850 142,327 102,250 8 CITY OF TEMECULA Summary of Revenues, Expenditures, and Changes in Fund Balance CDBG FUND 2011-12 2012-13 2012-13 2012-13 Proposed 0/0 Actuals anent Year to Date Revised Increase Increase Budget Actuals Budget (Decrease) (Decrease) Total Revenues 136,980 1,553,854 47,556 1,553,854 - 0.0% Total Expenditres 45,310 153,854 47,556 153,854 - 0.0% Excess of Revenues Over (Under) Expenditres 91,670 1,400,000 - 1,400,000 - 0.0% 'Operating Transfers at: CIP Fund (91,670) (1,400,000) - (1,400,000) - 0.0% Excess of Revenues Over (Under) Expenditres and Operating Transfers at - - - - - 0.0% Fuld Balances, Beg. of Year Fuld Balances, End of Year AB 2766 FUND 2011-12 2012-13 2012-13 2012-13 Proposed 0/0 Actuals anent Year to Date Revised Increase Increase Budget Actuals Budget (Decrease) (Decrease) Total Revenues 131,264 128,191 31,700 125,314 (2,877) -2.2% Total Expenditres 26,361 36,788 16,715 36,788 - 0.0% Excess of Revenues Over (Under) Expenditres 104,903 91,403 14,985 88,526 (2,877) -3.1% 'Operating Transfers at: To CIP Fund (478,698) (159,413) - (159,413) - 0.0% Excess of Revenues Over (Under) Expenditres and Operating Transfers at (373,795) (68,010) 14,985 (70,887) (2,877) 4.2% Fund Balances, Beg. of Year 640,740 266,945 266,945 266,945 Fuld Balances, End of Year 266,945 198,935 281,930 196,058 9 CITY OF TEMECULA Summary of Revenues, Expenditures, and Changes in Fund Balance LAW ENFORCEMENT FUND 2011-12 2012-13 2012-13 2012-13 Proposed 0/0 Actuals Curert Year to Date Revised Increase Increase Budget Actuals Budget (Decrease) (Decrease) Total Revenues 206,181 100,000 3,611 165,775 65,775 65.8% Total Expenditires - - - - - 0.0% Excess of Revenues Over (Under) Expenditires 206,181 100,000 3,611 165,775 65,775 65.8% 'Operating Transfers at: To General Fund (206,181) (100,000) (3,611) (165,775) (65,775) 65.8% Excess of Revenues Over (Under) Expenditires and Operating Transfers at - - - - - 0.0% Fuld Balances, Beg. of Year Fuld Balances, End of Year CITY HOUSING 2011-12 2012-13 2012-13 2012-13 Proposed 0/0 Actuals anent Year to Date Revised Increase Increase Budget Actuals Budget (Decrease) (Decrease) Total Revenues 367,770 626,684 63,080 645,684 19,000 3.0% Total Expenditires 444,130 622,773 277,097 622,773 - 0.0% Excess of Revenues Over (Under) Expenditires (76,360) 3,911 (214,017) 22,911 19,000 485.8% Extraordi nary Gai n 10,158,392 Fund Balances, Beg. of Year - 10,082,032 10,082,032 10,082,032 Fund Balances, End of Year 10,082,032 10,085,943 9,868,015 10,104,943 10 CITY OF TEMECULA Summary of Revenues, Expenditures, and Changes in Fund Balance MEASURE A FUND 2011-12 2012-13 2012-13 2012-13 Proposed 0/0 Actuals Curert Year to Date Revised Increase Increase Budget Actuals Budget (Decrease) (Decrease) Total Revenues 2,306,221 2,357,201 1,014,876 2,452,905 95,704 4.1% Total Expenditres 635,861 1,485,222 313,372 1,485,222 - 0.0% Excess of Revenues Over (Under) Expenditres 1,670,360 871,979 701,504 967,683 95,704 11.0% 'Operating Transfers at: (4,724,369) (5,475,580) (1,167,801) (5,475,580) - 0.0% Excess of Revenues Over (Under) Expenditres and Operating Transfers at (3,054,009) (4,603,601) (466,297) (4,507,897) 95,704 -2.1% Fund Balances, Beg. of Year 8,810,001 5,755,992 5,755,992 5,755,992 Fuld Balances, End of Year 5,755,992 1,152,391 5,289,695 1,248,095 DEBT SERVICE FUND CIVIC CENTER COPs 2011-12 2012-13 2012-13 2012-13 Proposed 0/0 Actuals anent Year to Date Revised Increase Increase Budget Actuals Budget (Decrease) (Decrease) Total Revenues 1,262 - - 0.0% Total Expenditres 24,513,062 - - - - 0.0% Excess of Revenues Over (Under) Expenditres (24,511,800) - - - - 0.0% Q erati ng Transfers In: 2011 F nanci ng Lease (395) 23,715,330 - - - - 0.0% Excess of Revenues Over (Under) Expenditres and Operating Transfers at (796,470) - - - - 0.0% Fund Balances, Beg. of Year 796,470 Fuld Balances, End of Year 11 CITY OF TEMECULA Summary of Revenues, Expenditures, and Changes in Fund Balance 2011 FINANCING LEASE 2001 and 2008 COPs 2011-12 2012-13 2012-13 2012-13 Proposed 0/0 Actuals Curert Year to Date Revised Increase Increase Budget Actuals Budget (Decrease) (Decrease) Total Revenues 26,835,008 - - - - 0.0% Total Expenditires 895,684 2,136,138 1,067,920 2,136,138 - 0.0% Excess of Revenues Over (Under) Expenditires 25,939,324 (2,136,138) (1,067,920) (2,136,138) - 0.0% 'Operating Transfers Inf(Out) : From General Fund 686,902 2,136,138 1,068,801 2,136,138 - 0.0% To 2001 COPs (TCSD) (3,929,990) - - - - 0.0% To 2008 COPs (City) (22,696,231) - - - - 0.0% Excess of Revenues Over (Under) Expenditires and Operating Transfers In and Out Fuld Balances, Beg. of Year Fuld Balances, End of Year 5 881 - - 0.0% - 5 5 5 5 5 886 5 12 CITY OF TEMECULA REVENUE DETAIL -Special Funds FY 2012-13 FY 2011-12 YTD FY 2012-13 Mdyear Acct # 100 GAS TAX FUND Revenue 12/31/12 Budget Estimates $ CHANGE % CHANGE 4065+4545 -Investment Interest 11,165 2,382 8,000 3,400 (4,600) -57.50% 4700 -Gas Tax 2106 298,772 128,400 297,536 296,573 (963) -0.32% 4701 -Gas Tax 2105 477,884 187,589 489,139 451,232 (37,907) -7.75% 4702 -Gas Tax 2107 685,925 316,422 721,287 674,566 (46,721) -6.48% 4704 -Gas Tax 2107.5 10,000 - 10,000 10,000 - 0.00% 4706 -Gas Tax 2103 1,412,345 288,351 1,284,393 1,208,709 (75,684) -5.89% TOTAL GAS TAX FUND 2,896,091 923,144 2,810,355 2,644,480 (165,875) -5.90% FY 2012-13 FY 2011-12 YTD FY 2012-13 Mdyear Acct # 130 RECOVERY ACT JAG FUND Revenue 12/31/12 Budget Estimates $ CHANGE % CHANGE 4025 -JAG Grant 68,845 2,511 4,292 4,292 - 0.00% TOTAL RECOVERY ACT JAG FUND 68,845 2,511 4,292 4,292 - 0.00% FY 2012-13 131 ENERGY EFFI CI ENCY CONSERVATION FY 2011-12 YTD FY 2012-13 Mdyear Acct # BLOCK GRANT FUND Revenue 12/31/12 Budget Estimates $ CHANGE % CHANGE 4025 -Grants 452,878 148,098 290,604 290,604 - 0.00% TOTAL EECBG FUND 452,878 148,098 290,604 290,604 - 0.00% FY 2012-13 FY 2011-12 YTD FY 2012-13 Mdyear Acct # 135 BUSI NESS INCUBATOR RESOURCE Revenue 12/31/12 Budget Estimates $ CHANGE % CHANGE 4065 -Investment Interest - 57 - 400 400 0.00% 4075 -Rental Income - 1,725 16,850 16,850 - 0.00% 4090 -Operating Transfer I n - 150,000 150,000 150,000 - 0.00% TOTAL CDBG FUND - 151,782 166,850 167,250 400 100.00% FY 2012-13 140 COMV!JNI TY DEVELOPIVENT BLOCK FY 2011-12 YTD FY 2012-13 Mdyear Acct # GRANT FUND Revenue 12/31/12 Budget Estimates $ CHANGE % CHANGE 4081 -Community Development Block Grant 136,980 47,556 1,553,854 1,553,854 - 0.00% TOTAL CDBG FUND 136,980 47,556 1,553,854 1,553,854 - 0.00% FY 2012-13 FY 2011-12 YTD FY 2012-13 Mdyear Acct # 150 AB 2766 FUND Revenue 12/31/12 Budget Estimates $ CHANGE % CHANGE 4048-AB2766 Revenues 127,507 30,947 124,191 123,814 (377) -0.30% 4065 -Investment Interest 3,757 753 4,000 1,500 (2,500) -62.50% TOTAL AB2766 FUND 131,264 31,700 128,191 125,314 (2,877) -2.24% FY 2012-13 FY 2011-12 YTD FY 2012-13 Mdyear Acct # 160 LAW ENFORCEIVENT FUND Revenue 12/31/12 Budget Estimates $ CHANGE % CHANGE 4065+4545 -Investment Interest (3) - - - - 0.00% 4085-AB3229 (COPS) 206,184 3,611 100,000 165,775 65,775 65.78% TOTAL LAW ENFORCEIVENT FUND 206,181 3,611 100,000 165,775 65,775 65.78% 13 CITY OF TEMECULA REVENUE DETAIL—Special Funds FY 2012-13 FY 2011-12 YTD FY 2012-13 Midyear Acct # 165 CITY HOUSING FUND Revenue 12/31/12 Budget Estimates $ CHANGE % CHANGE 4063 -Property Tax Distribution 125,000 - 250,000 250,000 - 0.00% 4063+40654 -Investment Interest 58,675 8,936 - 19,000 19,000 0.00% 4060 -Miscellaneous Non Taxable 58 - 0.00% 4066 -Loan Interest 2,106 55,652 55,652 - 0.00% 4075 -Rental Income 161,000 161,000 - 0.00% 4076 -Reimbursements 172,186 0.00% 4077 -Forgiveable Loan Repayment 1,877 51,980 - - 0.00% 4090 -Operating Transfers In - 150,000 150,000 - 0.00% 4288-Mbnitoring Fees 10,032 10,032 10,032 - 0.00% TOTAL CITY HOUSING FUND 367,770 63,080 626,684 645,684 19,000 3.03% FY 2012-13 FY 2011-12 YTD FY 2012-13 Midyear Acct # 170 MEASURE A FUND Revenue 12/31/12 Budget Estimates $ CHANGE % CHANGE 4065+4545 -Investment Interest 62,056 16,641 55,000 32,000 (23,000) -41.82% 4725 -Measure A 2,244,165 998,235 2,302,201 2,420,905 118,704 5.16% TOTAL MEASURE A FUND 2,306,221 1,014,876 2,357,201 2,452,905 95,704 4.06% FY 2012-13 FY 2011-12 YTD FY 2012-13 Midyear Acct # 370 DEBT SERVICE FUND Revenue 12/31/12 Budget Estimates $ CHANGE % CHANGE 4065 -Investment Interest 1,262 - 0.00% 4090 -Operating Transfer In 23, 715,330 - 0.00% TOTAL DEBT SERVICE FUND 23,716,592 - - 0.00% FY 2012-13 FY 2011-12 YTD FY 2012-13 Midyear Acct # 395 2011 FINANCING LEASE 2001 & 2008 COP, Revenue 12/31/12 Budget Estimates $ CHANGE % CHANGE 4065 -Investment Interest 8 - - - 0.00% 4090 -Operating Transfer In 686,902 1,068,801 2,136,138 2,136,138 - 0.00% 4810 -Financing Proceeds 26,835,000 - - - - 0.00% TOTAL DEBT SERVICE FUND 27,521,910 1,068,801 2,136,138 2,136,138 - 0.00% 14 CITY OF TEMECULA Exhibit C INTERNAL SERVICE FUNDS CITY OF TEMECULA Summary of Revenues, Expenditures, and Changes in Fund Balance INSURANCE FUND 2011-12 2012-13 2012-13 2012-13 Proposed 0/0 Actuals anent Year to Date Revised Increase Increase Budget Actuals Budget (Decrease) (Decrease) Total Revenues 861,733 914,017 382,896 913,017 (1,000) -0.1% Total Eenses 711,669 914,017 396,157 914,467 450 0.0% Excess of Revenues Over (Under) Eenses 150,064 - (13,261) (1,450) (1,450) 0.0% Net Assets, Beg. of Year 580,260 730,324 730,324 730,324 Net Assets, End of Year 730,324 730,324 717,063 728,874 Total Revenues Total Eenses Excess of Revenues Over (Under) E enses Q erati ng Transfers In (Out) : Gas Tax Fund Excess of Revenues and Operating Transfers Over (Under) Fgenditu-es Net Assets, Beg. of Year Net Assets, End of Year VEHICLES AND EQUIPMENT FUND 2011-12 2012-13 2012-13 2012-13 Proposed 0/0 Actuals anent Year to Date Revised Increase Increase Budget Actuals Budget (Decrease) (Decrease) 327,031 171,662 94,644 172,662 1,000 0.6% 192,500 186,967 82,984 186,967 - 0.0% 134,531 (15,305) 11,660 (14,305) 1,000 -6.5% 70,000 - 70,000 - 0.0% 134,531 54,695 11,660 55,695 1,000 1,659,500 1,794,031 1,794,031 1,794,031 1,794,031 1,848,726 16 1,805,691 1,849,726 CITY OF TEMECULA Summary of Revenues, Expenditures, and Changes in Fund Balance Total Revenues Total Eenses Excess of Revenues Over (Under) E enses Net Assets, Beg. of Year Net Assets, End of Year Total Revenues Total Expenses Excess of Revenues Over (Under) E enses Net Assets, Beg. of Year Net Assets, End of Year INFORMATION TECHNOLOGY FUND 2011-12 2012-13 2012-13 2012-13 Proposed 0/0 Actuals anent Year to Date Revised Increase Increase Budget Actuals Budget (Decrease) (Decrease) 1,901,645 2,714,536 821,418 2,714,036 (500) 0.0% 1,898,893 2,251,536 982,749 2,259,636 8,100 0.4% 2,752 463,000 (161,331) 454,400 (8,600) -1.9% 734,120 736,872 736,872 736,872 736,872 1,199,872 575,541 1,191,272 SUPPORT SERVICES FUND 2011-12 2012-13 2012-13 2012-13 Proposed 0/0 Actuals anent Year to Date Revised Increase Increase Budget Actuals Budget (Decrease) (Decrease) 422,353 344,163 142,472 344,163 - 0.0% 386,893 327,774 129,762 327,574 (200) -0.1c/0 35,460 16,389 12,710 16,589 200 1.2% 334,585 370,045 370,045 370,045 370,045 386,434 382,755 386,634 17 CITY OF TEMECULA Summary of Revenues, Expenditures, and Changes in Fund Balance Total Revenues Total Expenses Excess of Revenues Over (Under) E enses Net Assets, Beg. of Year Net Assets, End of Year FACILITIES FUND 2011-12 2012-13 2012-13 2012-13 Proposed 0/0 Actuals anent Year to Date Revised Increase Increase Budget Actuals Budget (Decrease) (Decrease) 1,185,407 1,325,575 614,862 1,325,775 200 0.0% 1,131,697 1,270,516 567,648 1,274,791 4,275 0.3% 53,710 55,059 47,214 50,984 (4,075) -7.4% 223,555 277,265 277,265 277,265 277,265 332,324 324,479 328,249 18 CITY OF TEMECULA REVENUE DETAIL -Internal Services Funds Acct # 300 INSURANCE FUND 4065+4545 -Investment Interest 4076 -Charges for Services 4086 -Special Event Insurance Fees 4095 -Claims Recovery TOTAL I NSURANCE FUND Acct # 310 VEHICLES AND EQUIPMENT FUND 4065+4545 -Investment Interest 4076 -Charges for Services 4090 -Operating Transfers I n -Gas Tax Fund TOTAL VEHICLES AND EQUI PMENT FWD Acct # 320 I NFORMATI ON TECHNOLOGY FWD 4065+4545 -Investment Interest 4076 -Charges for Services 4090 -Operating Transfers I n -General Fund TOTAL I NFO TECHNOLOGY FWD Acct # 4065+4545 -Investment Interest 3,163 1,087 4076 -Charges for Services 419,190 141,385 TOTAL SUPPORT SERVICES FUND 422,353 142,472 330 CENTRAL SERVICES FWD FY 2012-13 FY 2011-12 YTD FY 2012-13 Mdyear Revenue 12/31/12 Budget Estimates $ CHANGE % CHANGE 4,826 1,462 4,000 3,000 (1,000) -25.00% 844,882 380,484 910,017 910,017 - 0.00% 2,025 950 - 0.00% 10,000 - - 0.00% 861,733 382,896 914,017 913,017 (1,000) -0.11% FY 2012-13 FY 2011-12 YTD FY 2012-13 Mdyear Revenue 12/31/12 Budget Estimates $ CHANGE % CHANGE 9,412 3,461 6,000 7,000 1,000 16.67% 204,359 91,183 165,662 165,662 - 0.00% 113,260 - 70,000 70,000 - 0.00% 327,031 94,644 241,662 242,662 1,000 0.41 % FY 2012-13 FY 2011-12 YTD FY 2012-13 Mdyear Revenue 12/31/12 Budget Estimates 4,676 1,308 3,000 2,500 1,896,969 820,110 2,211,536 2,211,536 500,000 500,000 1,901,645 821,418 2,714,536 2,714,036 $ CHANGE % CHANGE (500) -16.67% - 0.00% - 0.00% (500) -0.02% FY 2012-13 FY 2011-12 YTD FY 2012-13 Mdyear Revenue 12/31/12 Budget Estimates $ CHANGE % CHANGE 2,000 2,000 - 0.00% 342,163 342,163 - 0.00% 344,163 344,163 - 0.00% FY 2012-13 FY 2011-12 YTD FY 2012-13 Mdyear Acct # 340 FACILITIES FUND Revenue 12/31/12 Budget Estimates $ CHANGE % CHANGE 4065+4545 -Investment Interest 1,761 496 800 1,000 200 25.00% 4076 -Charges for Services 1,183,646 614,366 1,324,775 1,324,775 - 0.00% TOTAL FACILITIES FUND 1,185,407 614,862 1,325,575 1,325,775 200 0.02% 19 CITY OF TEMECULA SCHEDULE OF AUTHORIZED POSITIONS CITY OF TEMECULA SCHEDULE OF AUTHORIZED POSITIONS aTY COU CI L Counci I member FY 12/13 5.0 Ni ni mum Exempt/ Non - Maximum Exempt 860 E City dna l Subtotal: 50 aTY MANAGER Advisor to City Manager City Manager Assistant City Manager Executive Assistant Senior Management Analyst 1.0 1.0 1.0 1.0 1.0 24,298 E 17,917 E 11,490 16,179 E 4,735 6,668 E 6,330 8,915 E GTty Manager Subtotal: 50 EOONOIVIC DEVELOPMENT Economic Development Analyst 3.0 5,388 7,588 E Administrative Assistant (Confidential) 1.0 3,584 4,587 NE Econonic I:telopment Subtotal: 40 aTY CLERK Administrative Assistant (Confidential) 1.0 3,584 4,587 NE City Clerk 1.0 8,494 11,959 E Office Specialist 3.0 2,703 3,460 NE Records Manager 1.0 4,682 6,634 E city aerk Subtotal: 6.0 HUMAN RESOURCES Human Resources Analyst Senior Human Resources Analyst 1.0 1.0 5,211 7,336 5,731 8,072 E E Human Faurc s Subtotal: 20 FINANCE Strategic Budgeting and Operations F nance Director Administrative Assistant Fiscal Services Manager Revenue Manager Senior Management Analyst Accounting and Parching Accountant (Confidential) Accounting Assistant Accounting Manager Accounting Specialist Accounting Specialist - Payroll Business License Spec/Cashier Purchasing Coordinator II Senior Debt Analyst 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 2.0 1.0 1.0 1.0 1.0 10,143 14,281 E 3,584 4,587 NE 7,072 9,958 E 6,330 8,915 E 6,330 8,915 E 4,613 6,496 NE 2,983 3,818 NE 6,330 8,915 E 3,451 4,415 NE 3,451 4,856 NE 3,084 3,948 NE 3,790 4,882 NE 6,330 8,915 E Finance Subtotal: 140 21 CITY OF TEMECULA SCHEDULE OF AUTHORIZED POSITIONS Exempt/ Non - FY 12/13 Ni ni mum Maximum Exempt INFORMATION TEC•I-NOLOGY Administrative Assistant Deputy Director Information Technology Information Technology Administrator GIS Analyst IT Specialist Senior IT Specialist Support Service`s Deputy Director Support Services Office Specialist - AM Office Specialist - PM 03ntral Servic s Central Services Coordinator Central Services Supervisor 1.0 1.0 1.0 1.0 1.0 4.0 1.0 0.5 0.5 1.0 1.0 3,584 4,587 NE 6,837 9,627 E 5,854 8,240 E 4,457 5,706 NE 4,794 6,137 NE 5,258 6,729 NE 6,531 9,198 E 2,703 3,459 NE 2,703 3,459 NE 3,075 3,935 NE 3,602 4,640 NE Information Technology Subtotal: /30 OOIVIVIUV TY DEVELOPIVBvT Administrative Assistant Community Deelopment Director Senior Management Analyst SAFD4/CDEC Associate Planner Senior Planner Planning Assistant Planner Associate Planner Community Deelopment Tech Deelopment Proc. Coordinator Senior Planner Building and Safely/Cade Enforcement Building Inspector II Building Official Code Enforcement Officer Code Enforcement Officer II Office Specialist 1.0 1.0 1.0 1.0 1.0 1.0 3.0 3.0 1.0 1.0 5.0 1.0 2.0 1.0 2.0 ammunity I:telopment Subtotal: 250 3,584 4,587 NE 10,143 14,281 E 6,330 8,915 E 5,259 6,730 NE 6,642 9,352 E 4,637 5,937 NE 5,259 6,730 NE 3,735 4,783 NE 4,765 6,099 NE 6,642 9,352 E 4,518 5,783 NE 8,089 11,462 E 4,329 5,542 NE 4,763 6,097 NE 2,703 3,460 NE 22 CITY OF TEMECULA SCHEDULE OF AUTHORIZED POSITIONS Exempt/ Non - FY 12/13 Ni ni mum Maximum Exempt PUBLIC WORKS Administrative Assistant 1.0 3,584 4,587 NE Maintenance Manager 1.0 6,501 9,921 E Public Works Director 1.0 10,553 14,858 E Land1:telopment Associate Engineer 3.0 6,095 7,802 E Junior Engineer 1.0 4,029 5,157 NE Office Specialist 1.0 2,703 3,460 NE Senior Engineer 1.0 7,187 10,120 E Senior Public Works Inspector 1.0 5,237 6,729 NE Special Projects Engineer 1.0 6,095 7,802 E Street Maintenance Lead Maintenance Worker 4.0 3,756 4,806 NE Maintenance Superintendent - PW 1.0 6,460 9,095 E Maintenance Worker 5.0 3,190 4,084 NE Traffic Engineering Assistant Engineer 1.0 5,183 6,637 NE Assistant Signal Technician 1.0 3,756 4,806 NE Associate Engineer 1.0 6,095 7,802 E Senior Signal Technician 1.0 5,258 6,729 NE Pars Maintenance Office Specialist 1.0 2,703 3,460 NE Landscape Inspector 1.0 3,806 4,870 NE Lead Maintenance Worker 2.0 3,756 4,806 NE Maintenance Worker 2.0 3,190 4,084 NE Park/Landscape Maintenance Supervisor 1.0 5,258 7,403 E Senior Landscape Inspector 1.0 4,374 5,599 NE Facility Maintenance Custodian 3.0 2,683 3,434 NE Facility Services Manager 1.0 4,565 5,846 NE Lead Maintenance Worker 2.0 3,756 4,806 NE Maintenance Superintendent - PW 1.0 6,460 9,095 E Maintenance Worker 2.0 3,190 4,084 NE aPAdministration Assistant Engineer 1.0 5,183 6,637 NE Associate Engineer 3.0 6,095 7,802 E Construction Manager 1.0 6,203 8,210 E Management Analyst 1.0 5,731 8,071 E Office Specialist 1.0 2,703 3,460 NE Principal Engineer 1.0 8,186 11,526 E Public Works Inspector 1.0 4,555 5,831 NE Senior CI P Specialist 1.0 4,527 5,795 NE Senior Engineer 2.0 7,187 10,120 E Senior Office Specialist 1.0 3,084 3,948 NE Senior Public Works Inspector 2.0 5,238 6,705 NE Public Works Subtotal: 5Z0 23 CITY OF TEMECULA SCHEDULE OF AUTHORIZED POSITIONS FIRE Administrative Assistant Senior Office Specialist FY 12/13 Minimum Exempt/ Non - Maximum Exempt 1.0 1.0 3,584 4,587 NE 3,084 3,948 NE Fine Subtotal: 20 COIVIVIUVTY SERVICES Administrative Assistant Aquatics Supervisor Community Services Director Office Specialist Office Specialist - YMCA Park Ranger Patron Services Coordinator Recreation Coordinator Recreation Superintendent Recreation Supervisor Recreation Supervisor - YMCA Senior Management Analyst Senior Recreation Coordinator Theater Manager Theater Technical Coordinator Theater Technical Supervisor 1.0 1.0 1.0 2.0 1.0 2.0 1.0 1.0 1.0 5.0 1.0 2.0 2.0 1.0 1.0 1.0 3,584 4,441 10,143 2,703 2,703 3,849 3,806 3,806 6,817 4,441 4,441 6,330 3,990 5,506 3,806 3,990 4,587 5,685 14,281 3,460 3,460 4,927 4,870 4,870 9,601 5,685 5,685 8,915 5,106 7,753 4,870 5,106 NE NE E NE NE NE NE NE E NE NE E NE E NE NE This Schedule of Authorized Potions assumes maximum compensation allowed for all exert and non - ext positions 24 a•mmunity Service`s Subtotal: 210 Totals City Council 5.0 City Manager 5.0 Economic Development 4.0 City Clerk 6.0 Human Resources 2.0 Finance 14.0 Information Technology 13.0 Development Services 25.0 Public Works 57.0 Fre 2.0 Community Services 24.0 Total of Authorized Position. 157.0 This Schedule of Authorized Potions assumes maximum compensation allowed for all exert and non - ext positions 24 Item No. 6 Approvals City Attorney Chief Financial Officer City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Michael Heslin, Deputy Director of Information Technology DATE: February 12, 2013 SUBJECT: Purchase of the annual maintenance/software support with Tyler Technologies for the Eden Systems Suite PREPARED BY: John De Gange, GIS Administrator RECOMMENDATION: Approve the purchase of the annual maintenance/software support with Tyler Technologies for the Eden Systems Suite in the amount of $38,025.97. BACKGROUND: Since 1992, the City has been using the Eden Systems Suite (Tyler Technologies) to support the Finance and Human Resources Departments' operations to ensure financial and human resources reporting compliance as per state and federal regulations. FISCAL IMPACT: Adequate funds are available within the Information Technology's Internal Services fund in the 2012-13 Fiscal Year Operating Budget. ATTACHMENTS: Tyler Technologies Quote tvler technologies To: City of Temecula Accounts Payable PO Box 9033 Temecula, CA 92589-9033 THIS IS NOT AN INVOICE PROFORMA Company Order No. Date Page 045 40025 12/13/2012 1 of 2 Ship To: City of Temecula City OfTemecula Accounts PO Box 9033 able DEC 1 7 2012 Temecula, CA 92589-9033 Finance Dept • Customer Orp/No. Customer PO# 1 5314 Payment Terms Net 30 Currency Code Ship Via Salesperson Cd USD MISC No. Item/ Description/ Comments Drop Ship # Users Quantity U/M Unit Price Disc % Total Cost Contract No.: TEMECULA, CITY OF 1 Renewal: EDEGAREC501 No Accounts Receivable Support Maintenance Plan: ; Start: 01/01/2013, End: 12/31/2013; Tenn: 1 12 months 2 Renewal: EDEGBUDP501 No 1 Budget Preparation Support Maintenance Plan: ; Start: 01/0112013, End: 12/31/2013; Term: 12 months 3 Renewal: EDEGDICT501 No 1 Data Dictionaries Support Maintenance Plan: ; Start: 01/01/2013, End: 12/31/2013; Term: 12 months 10 Renewal: EDEGPURC501 No 1 Purchasing Support Maintenance Plan: ; Start: 01/01/2013, End: 12/31/2013; Term: 12 months 11 Renewal: EDEGREQU501 No 1 Requisitions Support Maintenance Plan: ; Start: 01/01/2013, End: 12/3112013; Term: 12 months 7 Renewal: EDEGPAYR501 No 1 Payroll Support Maintenance Plan: ; Start: 01/01/2013, End: 12/31/2013; Term: 12 months 8 Renewal: EDEGPOSB501 No 1 Position Budgeting Support Maintenance Plan: ; Start: 01/01/2013, End: 12/31/2013; Term: 12 months 9 Renewal: EDEGPROJ501 No 1 Project Accounting Support Maintenance Plan: ; Start: 01/01/2013, End: 12/31/2013; Term: 12 months 4 Renewal: EDEGFXAS501 No 1 Fixed Assets Support Maintenance Plan: ; Start: 01/01/2013, End: 12/31/2013; Term: 12 months 1 1 EA 2,062.42 .00 2,062.42 EA 3,093.64 .00 3,093.64 1 EA 386.71 .00 386.71 1 1 1 1 1 EA 1,546.82 .00 1,546.82 EA 1,031.20 .00 1,031.20 EA 7,734.10 .00 7,734.10 EA 1,289.01 .00 1,289.01 EA 4,124.86 .00 4,124.86 EA 3,093.64 .00 3,093.64 ••tyler •• technologies No. Item/ Description/ Comments THIS IS NOT AN INVOICE PROFORMA Company Order No. Date Page 045 40025 12/13/2012 2 of 2 Drop Ship # Users Quantity U/M Unit Price Disc % Total Cost 5 Renewal: EDEGGLAP501 No 1 GL/AP Support Maintenance Plan: ; Start: 01/01/2013, End: 12/31/2013; Term: 12 months 6 Renewal: EDEGHRIS501 No 1 Human Resources Support Maintenance Pian: ; Start: 01/01/2013, End: 12/31/2013; Term: 12 months 1 EA 1 EA 9,023.11 .00 9,023.11 4,640.46 .00 4,640.46 Does not include any applicable taxes Order Total: 38,025.97 We would like to continue on the current maintenance plan Our Purchase Order is enclosed Our Purchase Order is Purchase Order is not required to be invoiced AN INVOICE WILL BE SENT AFTER CONFIRMATION OF ORDER Comments: Item No. 7 Approvals City Attorney Chief Financial Officer City Manager Pri/-e-r-- Ag ao CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Michael Heslin, Deputy Director of Information Technology DATE: February 12, 2013 SUBJECT: Agreement for Consultant Services between the City of Temecula and Helixstorm, Inc. for Information Technology Services RECOMMENDATION: Approve an Agreement for Consultant Services between the City of Temecula and Helixstorm, Inc. for Information Technology Infrastructure Support up to the amount of $100,000. BACKGROUND: The City of Temecula's Information Technology (IT) Department supports the City's network, servers, Wi-Fi, computers, mobile devices, database administration, phone system, cellular phones, City government television station, media services, and emergency communication systems. Within City operations, IT maintains more than 400 computers networked across 14 City facilities, 5 Fire Stations, 2 Police Store Fronts and 1 Police Station. City operations are directly dependent on technology systems to provide services to our citizens and community. Recently, the City's System Administrator separated from the City, resulting in an immediate need for 24/7 management of network, servers, and critical infrastructure. In addition, a recent retirement has added to the department's challenges in meeting the increasing demands for technology. The approval of this consultant agreement would assist the IT Department in meeting City objectives and performance measures. Helixstorm, Inc. is an Authorized Hewlett-Packard Elite Partner, VMware Enterprise Partner, and holds several Microsoft Certifications. Helixstorm's Managed Services Offering (MSO) is a comprehensive services package that includes: 24/7 Remote Monitoring Services (RMS), tech support, Remote Network Administration, pro -active planning, and reactive engineering services. Working in conjunction with the IT staff, Helixstorm will enhance the City's current IT environment to support critical business applications and systems. FISCAL IMPACT: Adequate funds are available within the Information Technology's Internal Services fund in the 2012-13 Fiscal Year Operating Budget. ATTACHMENTS: Consultant Services Agreement with Helixstorm AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND HELIXSTORM INFORMATION TECHNOLOGY INFRASTRUCTURE SUPPORT THIS AGREEMENT is made and effective as of February 12, 2013 between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Helixstorm, a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on February 12, 2013, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2013, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute by this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid Tess than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Agreement. 5. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed ONE HUNDRED THOUSAND DOLLARS AND NO CENTS ($100,000.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the mariner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall riot make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 7. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 10. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any mariner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall riot be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall riot without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall riot be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does riot imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but riot limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Helixstorm, Inc. 29975 Technology Dr. Suite 101 Murrieta, CA 92563 15. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA HELIXSTORM (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Aaron Schneider, Principal Eric Henry, Principal Helixstorm, Inc. 29975 Technology Dr. Murrieta, CA 92563 888.43.HELIX x310 Fax 270-453-7951 cyndi.lanzon@helixstorm.com PM Initials:il Q Date: �/ !� EXHIBIT A DESCRIPTION OF SERVICES Helixstorm, Inc. has been designed to offer a technology service support contract. We understand the City's requirements in these areas: 1) Managed Service Contract for Enterprise Network Support (i.e. Datacenter). 2) Support Services for additional IT Projects (i.e. Library) 3) Deployment of PCs, Employee Leave, Employment Gap Coverage, etc. Helixstorm, Inc. is an Authorized Hewlett-Packard Elite Partner, VMware Enterprise Partner, along with several Microsoft Certifications. Provide Managed Services and Support for IT projects in the datacenter and other City sites. • Knowledge transfer from City employees to support staff during Employment Gap Coverage. • Support additional City sites for PC deployments and recurring maintenance • Create SLA based on City's needs. • Other deliverables as required by the City. • Day -to -Day network support to include monitoring and maintenance, and 24/7 support for reactive situations. • Technical project/service manager to help manage and deliver technology related projects. Our Managed Services Offering (MSO) is a comprehensive services package that includes: Remote Monitoring Services (RMS), Helpdesk, Remote Network Administration, pro -active planning and reactive engineering services delivered are also available through this Block of Hours agreement. Our MSO program is designed for companies who understand the benefits of leveraging an outsourced service provider to compliment their existing technical support capabilities. Working together we can enhance your current IT environment by helping you plan, monitor, manage and support your critical business applications and systems proactively instead of reactively. Our MSO offering includes a wide range of service options, from remote network monitoring, supplemental support, to full outsourcing agreements. We offer you the peace of mind that your network is being monitored 24x7 to identify potential critical software and hardware failures and deficiencies before they have a serious impact to your network users. EXHIBIT B Payment Rates and Schedule Standard Service Rates Remote (via Internet based remote channel) Standard Support Hours: Billable rate based on the Level 1-4 rates per hour (no minimum required)* After hours Support (Emergency): Billable rate of 1.5 times standard support rate when available. On-site Standard Support Hours: Billable rate based on the Level 1-4 rates per hour (2 hour minimum)* After Hours Support (Emergency): Billable rate of 1.5 time standard support rate (4 hour minimum)* Standard Support Hours - Monday through Friday, lam -bpm Pacific Time. Excludes all Holidays. If previous arrangements have been made for work to be performed outside of standard support hours, then the standard support rate applies. After Hours Support - Any day/time that falls outside of the Standard Support Hours. *These rates include professional services only. Any expenses incurred will be in addition to the hourly rates identified. Professional Service Rates: Standard Hours: After Hours/Emergency Level 4 =-Enterprise Engineer $225.00 $337.50 Level 3 = Network Engineer $175.00 $262.50 Level 2 = Admin, N+ Engineer $125.00 $187.50 LEVEL 1 = DESKTOP, A+ TECH $75.00 $112.50 Item No. 8 Approvals City Attorney Chief Financial Officer City Manager 0/ -e -r - CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Tamra Irwin, Acting Director of Community Services DATE: February 12, 2013 SUBJECT: Sponsorship Agreement with P&R Foundation for the 2013 Temecula Rod Run on March 8 and 9, 2013 PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: Approve the Sponsorship Agreement with P&R Foundation for in-kind City staff support and promotional services in the amount $62,000 for the Temecula Rod Run. BACKGROUND: Staff has received a sponsorship request from P&R Foundation to provide City support for the 2013 Temecula Rod Run to be held on March 8 and 9, 2013 in Old Town Temecula. The Economic Development Committee of the City Council (Councilmembers Washington and Roberts) reviewed the budget of this special event in spring of 2012 and recommended support of $62,000 in-kind City staff support (Police, Fire, Public Works, Code Enforcement and Community Services) and promotional services. The committee also recommended up to $3,500 for shuttle services. The Temecula Rod Run event has become a regional signature event which increases tourism revenue for the City's restaurants, hotels, retailers and wineries. The event will begin on Friday, March 8 with an evening car cruise on Old Town Front Street. On Saturday, March 9 there will be an all -day "Show & Shine" car show with approximately 700 classic cars, special interest vehicles, hot rods and custom cars on display. The Temecula Rod Run serves as a fundraiser primarily to The Boys & Girls Club of Southwest County; P&R Foundation donates vendor booth space to various non -profits and civic organizations such as the Border Patrol and Search Dogs of Riverside County. P&R Foundation also provides the Old Town Temecula merchants with a full-page ad in the Rod Run program and provides numerous PA announcements during the event to encourage shopping and dining within Old Town Temecula. The estimated attendance of 50,000 people for the two-day special event will draw visitors to Temecula, which will increase local spending, generate overnight stays in hotels and significantly add to the cultural appeal and attraction of the City of Temecula as a destination. P&R Foundation will advertise the Temecula Rod Run in newspapers, radio, television, magazine, community posters and internet sites including www.rodruntemecula.com. The City will provide in- kind marketing and promotion of the event through available media channels including: City's website, social media including Facebook, Twitter and email blasts, auto mall electronic sign, and local government education channel 3 (Verizon and FiOs). No alcohol will be served or sold at this event. FISCAL IMPACT: The City -support staffing costs up to $62,000 and the $3,500 for shuttle services are included in the in the Fiscal Year 2012-13 operating budget of the various supporting departments. ATTACHMENTS: Sponsorship Agreement SPONSORSHIP AND ECONOMIC DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF TEMECULA AND P & R FOUNDATION THIS AGREEMENT is made and effective as of this 12th day of February, 2013, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and P & R Foundation, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall operate the Temecula Rod Run (hereinafter referred to as the "Event") on March 8 and 9, 2013. The Event is located in Old Town Temecula. b. The Event includes, display of approximately 650-700 classic cars, hot rods and custom cars along with related concessions and vendors. The informal car display and evening car cruise will be held Friday (March 8, 2013) evening and the traditional "show & shine" will be held on Saturday (March 9, 2013). The event is expected to draw between 45,000 to 60,000 people. c. Alcohol will not be served. d. The City desires to be a Premier Sponsor of the Event by providing Community Support Funding and City Support Services. e. The Event will serve as a fundraiser for The Boys & Girls Club of Southwest County, a local non-profit organization whose charitable work and contributions have benefited local underserved youth. If other funds that are available they will be designated to other Temecula -based charities. 2. TERM This Agreement shall commence on February 12, 2013, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2013, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the Nonprofit with in-kind city -support services valued at an amount not to exceed $57,800 and in-kind promotional services valued at an amount not to exceed $4,200 as listed in Exhibit B, the City of Temecula shall be designated as a Premier Sponsor of the Event. As a Premier Sponsor the City shall receive sponsor benefits as listed in Exhibit A. In the event that City support services exceeds $62,000, the Nonprofit may seek City authorization for payment above that amount. b. The Nonprofit is requested to partner with the Temecula Valley Convention & Visitors Bureau ("TVCVB") to help promote the Event. The City of Temecula contracts with the TVCVB to generate Visitor -Related Economic Impact for the City of Temecula. This will include but not be limited to overnight room bookings, dining and shopping within the City of Temecula. Any media visits coordinated by the Nonprofit shall include an invitation to visit all Temecula entities (i.e. Old Town, wineries, golf). Secondly,the Nonprofit shall include in its basic press kit a press release provided by the TVCVB which focuses on the attractions of Temecula, including Old Town, golf, wineries, etc. This informational piece shall be provided to all media working with the Nonprofit or its representatives on festival -related stories. c. The Nonprofit shall support economies of the City of Temecula by promoting and utilizing local businesses (e.g. local food vendors, restaurants, wineries, crafters, etc.) first when competitive and practicable. d. Within 30 days of the effective date of this Agreement, Nonprofit shall submit a timeline showing the milestone dates that each Nonprofit marketing activity, including, but not limited to, public relations and media schedules, marketing measures and other promotional activities, will occur. The purpose of this provision is to ensure that the Nonprofit makes a good faith effort to maximize attendance at the Temecula Rod Run. 4. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and submit to the Director of Community Services a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Premier Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget -to -actual comparison report of the Event must be included in such a written report. 5. PERMITS The Nonprofit shall file applications for a Temporary Use Permit and Special Event Permit with the City no later than thirty (30) days prior to the first day of the Event. The City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of Conditions of Approval. The Nonprofit shall comply with all conditions of approval of the permits. The Nonprofit shall comply with all conditions of approval for the Temporary Use Permit, the Special Event Permit, or any other City -issued permits. Failure to comply with the Conditions of Approval of such permits shall constitute a default of this Agreement and is grounds for termination of this Agreement. 6. MEETING ATTENDANCE The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted. 7. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 8. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by February 22, 2013 its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Recipient owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: Two million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agencythat it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall riot exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall riot contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Nonproft shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 9. GOVERNING LAW The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 10. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any mariner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall riot be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 11. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 12. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Recipient: P&R Foundation Attn: Ray Waite 39252 Winchester Road #107-361 Murrieta, CA 92563-3510 13. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 14. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 15. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The General Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA P&R FOUNDATION By: By: Michael S. Naggar, Mayor Ray Waite, President ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney NONPROFIT Ronda Henne, Vice President P&R Foundation Attn: Ray Waite 39252 Winchester Road #107-361 Murrieta, CA 92563-3510 951 202-3051 pitbullray@netzero.com PM Initials: D !� Q Date: EXHIBIT "A" CITY OF TEMECULA'S SPONSORSHIP BENEFITS Premier Sponsor In exchange for providing in-kind city -support services of Public Works, Code Enforcement, Community Services, Fire and Police valued at an amount not to exceed $57,800, and in-kind City promotional services valued at $4,200 for the Temecula Rod Run, the citizens of the City of Temecula shall receive the following benefits. ♦ City of Temecula Logo on Printed Material produced by R&R Foundation ♦ City of Temecula Logo on Event T-shirts ♦ City of Temecula Name on all Radio Promotion ♦ City of Temecula Name in all Press Releases* *Press Releases will be distributed to all local media, however, publication cannot be guaranteed. Press Releases will also be provided to all sponsors for distribution to their clients, agents, employees, etc. EXHIBIT "B" IN-KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the Temecula Rod Run event. The following expenses can be anticipated for the event: City Department Value Police: $ 22,000 Fire: $ 9,000 Public Works: $ 23,000 Community Services: $ 2,000 Code Enforcement: $ 1,800 TOTAL CITY STAFF SERVICES: $ 57,800 ESTIMATED VALUE OF PROMOTIONAL SERVICES PROVIDED BY THE CITY OF TEMECULA The estimated value for in-kind promotional assistance provided by The City of Temecula for the Temecula Rod Run is as follows: Item Value City E-Ietter $ 450 Cable Channel $ 450 Auto Mall Marque $ 3,000 City Website $ 300 TOTAL PROMTIONAL VALUE: $ 4,200 GRAND TOTAL FOR ALL CITY IN-KIND SERVICES $62,000 Item No. 9 Approvals City Attorney Chief Financial Officer City Manager 07-e-r-- OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Development Services DATE: February 12, 2013 SUBJECT: Renew the Abandoned Vehicle Abatement Program with the County of Riverside PREPARED BY: Lynn Kelly -Lehner, Senior Management Analyst RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE EXTENSION OF THE SERVICE FEE COLLECTED ON BEHALF OF THE RIVERSIDE COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY UNTIL MAY 2024 BACKGROUND: In 1990, the California State Legislature enacted legislation allowing for the creation of a County based vehicle service authority, pursuant to the provisions of Section 22710 of the Vehicle Code. In June 1994, the Riverside County Abandoned Vehicle Abatement Service Authority was formed and imposed a one dollar annual vehicle registration fee on vehicles registered to an owner with an address within the County of Riverside. Vehicle registration fees are collected by the Department of Motor Vehicles and allocated to Riverside Abandoned Vehicle Service Authority by the State Controller pursuant to Section 9250.7 of the Vehicle Code. Fees are then allocated to participating cities within Riverside County and in unincorporated Riverside County on the basis of the size and the population in each jurisdiction. On June 11, 2002, the City Council adopted a resolution extending the service fee collection on behalf of the County of Riverside Abandoned Vehicle Abatement Service Authority. The current program is set to expire in May 2014. Legislation allows local service authorities to extend the programs every ten years with the approval of the County and the majority of the cities comprising a majority of the population in the incorporated areas. Adoption of the attached resolution is the first step toward the extension of this program. FISCAL IMPACT: This program generates approximately $16,000 per year to be designated towards the Abandoned Vehicle Abatement program. ATTACHMENTS: Resolution 13- RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE EXTENSION OF THE SERVICE FEE COLLECTED ON BEHALF OF THE RIVERSIDE COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY UNTIL MAY 2024 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. The Riverside County Abandoned Vehicle Abatement Service Authority was formed on or about June 1, 1994, pursuant to the provisions of California Vehicle Code §§ 9250.7 and 22710 enacted by the Legislature in 1990 which authorized the establishment of a service authority and imposition of a service fee on all registered motor vehicles located within a county. B. Beginning in June 1994 and continuing to the present, the Riverside County Abandoned Vehicle Abatement Service Authority has been the recipient of service fees collected on its behalf by the California Department of Motor Vehicles. C. The service fees received by the Riverside County Abandoned Vehicle Abatement Service Authority are used to reimburse local governmental agencies for a portion of their costs incurred as a result of the abatement, removal and disposal as public nuisances of any abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof. Section 2. This Resolution is adopted pursuant to the provisions set forth in California Vehicle Code § 22710. Section 3. Since the establishment of the Abandoned Vehicle Abatement program in June 1994 it has disbursed $22,952,216 in service fee proceeds to member agencies and caused the abatement of approximately 146,561 abandoned, wrecked, dismantled, or inoperative vehicles located in various cities and the unincorporated area of Riverside County. Section 4. The service fee collected as part of the Abandoned Vehicle Abatement program is set to expire in May 2014. Section 5. Legislature recently amended California Vehicle Code § 9250.7 to allow for an extension of the service fee collected as part of the Abandoned Vehicle Abatement program in increments of up to 10 years each if the board of supervisors of the county, by a two-thirds vote, and a majority of the cities comprising a majority of the population of the incorporated areas within the county adopt resolutions providing for the extension of the service fee. Section 6. 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 February, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the l 2tn day of February, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Item No. 10 Approvals City Attorney Chief Financial Officer City Manager Pri/-e-r- ao CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Development Services DATE: February 12, 2013 SUBJECT: Second Amendment to Agreement for Consulting Services between the City of Temecula and RBF Consulting for an Environmental Impact Report (EIR) for the Temecula Creek Inn Specific Plan PREPARED BY: Matt Peters, Associate Planner Lynn Kelly -Lehner, Senior Management Analyst RECOMMENDATION: Approve the Second Amendment to the Agreement for Consultant Services with RBF Consulting for $45,500, plus an additional contingency of $20,000, for a total Amendment of $65,500, and a total Agreement amount of $394,250, for additional consulting services in the preparation of an Environmental Impact Report (EIR) for the Temecula Creek Inn Specific Plan. BACKGROUND: The Temecula Creek Inn property currently consists of a 27 -hole golf course, 128 hotel rooms, a conference room, and a restaurant/clubhouse. The Temecula Creek Inn Specific Plan proposes five Planning Areas total. The EIR will analyze the proposed development in each of these five areas. Planning Area 1 proposes an expansion of the existing hotel and the addition of a spa and banquet facilities totaling 153,837 square feet. Planning Area 1 also proposes an option for 126 active adult units to replace existing hotel rooms. Planning Areas 2-4 propose a maximum of 409 single-family and multi -family residential units, ranging in size from 1,600 to 4,300 square feet. Planning Area 5 maintains 18 holes of the existing 27 -hole golf course as a championship golf course. The development is on 305 acres located at 44501 Rainbow Canyon Road in the City of Temecula. On September 27, 2011, City Council approved the initial Agreement for $268,250 for consulting services with RBF Consulting for the preparation of an EIR. The First Amendment to the Agreement was approved on March 13, 2012 for $60,500 to add to the scope of work and extend the term of the Agreement to March 13, 2013. Since that time, the revised Phase I Cultural Resources Report, Traffic Impact Analysis, and the Administrative Draft EIR have been completed. The Second Amendment to the Agreement adds to the scope of work, as outlined in Attachment A of the Amendment, in response to issues raised by the Pechanga Tribe. It also increases the payment to cover the costs associated with further revisions to the Phase I Cultural Resources Report, additional traffic study comments, and additional meeting/management/coordination costs. Finally, it extends the term of the Agreement to February 12, 2014. The Second Amendment to Agreement is in the amount of $45,500 plus an additional contingency of $20,000, for a total Amendment of $65,500, bringing the total Agreement amount to $394,250. The contingency will cover additional expenses that may be incurred due to unforeseen events, such as further revisions and comments. The consultant will not use the contingency without prior written consent from both the applicant and the City. FISCAL IMPACT: There will be no fiscal impact to the City. The applicant has deposited sufficient funds in a miscellaneous deposit account to cover the costs of the Environmental Impact Report. ATTACHMENTS: Second Amendment to the Agreement SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND RBF CONSULTING TEMECULA CREEK INN ENVIRONMENTAL IMPACT REPORT THIS SECOND AMENDMENT is made and entered into as of February 12, 2013 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and RBF Consulting, a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On September 27, 2011, the City and Consultant entered into that certain Agreement entitled "Agreement for Consulting Services", in the amount of $268,250. b. On March 13, 2012, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Consulting Services," to add scope of work, extend the term of the agreement to March 13, 2013, and to increase the payment in the amount of $60,500. c. The parties now desire to add scope of work, extend the term of the agreement to February 12, 2014, increase the payment in the amount of $45,500, plus $20,000 contingency to cover any unforeseen events, for a total of $65,500, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than February 12, 2014 unless sooner terminated pursuant to the provisions of this Agreement." 3. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The SECOND Amendment amount shall not exceed Forty-five Thousand Five Hundred Dollars ($45,500), plus an additional contingency of Twenty Thousand Dollars ($20,000), for additional work to be completed for the Environmental Impact Report for Temecula Creek Inn, for a total Amendment amount of Sixty-five Thousand Five Hundred Dollars ($65,500), and a total Agreement amount of Three Hundred Ninety-four Thousand Two Hundred Fifty Dollars ($394,250). The Consultant will riot use the contingency without written consent of the City. 4. 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. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA RBF Consulting (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Michael A Tylman, Senior Vice President ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Kevin Thomas, Vice President RBF Consulting Attn: Kevin Thomas 40810 County Center Drive, Suite 100 951.506.2074 Fax: 951.676.7240 kthomas@rbf.com PM Initials: n Q Date: 1/ // ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. . * •1141. Ittrsin To: Matt Peters, City of Temecula From: Kevin Thomas. RBF Consulting Date: January 22. 2013 Subject: Temecula Creek Inn Specific Plan EIR - Request for Contract Amendment No. 2 Summary of Request - Contract Amendment No. 2 RBF Consulting has provided the following contract amendment estimate of S45,500 (excluding recommended contingency and optional tasks) to address additional tasks that are not included in our current Agreement These tasks primarily relate to additional cultural resources tasks. and additional meeting/management/coordination costs associated with continued efforts. The original contract provided for work through September 27. 2011 Contract Amendment No. 1 (submitted on February22. 2012 and approved on March 13. 2012) assumed an additional three months of work through December 2012. Since that time. the EIR and related work has proceeded as efficiently as practical. with completion of the revised Phase I Cultural Resources Report. completion of the revised Traffic Impact Analysis. and completion of the Administrative Draft EIR. Since February 2012. Project work was interrupted and/or delayed, and additional coordination was required in response to issues raised by the Pechanga tribe, and while the Liberty Quarry project was undergoing scrutiny and negotiations. In mid-November 2012. the Pechanga tribe successfully completed negotiations to acquire the liberty Quarry property. Shortly thereafter. the Pechanga tribe submitted formal written comments on the Temecula Creek Inn Phase I Cultural Resources Assessment (after several months of phone calls. mails and meetings in an attempt to better understand and receive formal comments). Contract Amendment No. 1 Request This Contract Amendment has four components (in addition to a recommended contingency): Task A - Additional Cultural Resources Tasks Task B - Additional EIR Work Related to the Cultural Resources Tasks Task C - EIR Land Use Alternative Update Task D - EIR Project Management and Meetings Option - EIR Update (to "refresh" data) CULTURAL RESOURCES TASKS Task A — Additional Cultural Resources Tasks BCR Consulting will prepare a response to the comment letter dated November 27, 2012 and presented by the Pechanga Band of Luiseno Indians (Pechanga) to the City of Temecula. Pechanga's comments are addressed below as necettary to characterize requirements for this scope of work. Every effort is made to address Pechanga concerns as outlined in the Pechanga comment letter. and as PLANNING ■ OCYION ■ CONSTRUCTION 0610 COs tr C& eer 3rt.'e. ',Lae 100. Temecula. CA S2591-6= s Wi 676.6042 s FAX 961 676 724 Mon locate* nour1Ou: Calt'Or a ma rla a !1evaea a erw RR: ' n Temecula Creek Inn SP EIR - Contract Amendment No. 2 January 22. 2013 Page 2 of 6 far as allowable within the code of conduct of the Register of Professional Archaeologists. This Task does not guarantee Pechanga acceptance of its recommended findings or methods. Additional Fieldwork The Pechanga letter notes that the consultant did not survey the property in complete transects and that the survey was only performed in "certain areas via golf cart." As noted in the cultural resources assessment report BCR Consulting covered all areas within the subject property Thy walking parallel transects spaced approximately 15 meters apart across 100 percent of the accessible APE, in areas that were not landscaped or paved." (page 8) or covered with poison oak. This survey was completed far beyond usual cultural resource assessment requirements and covered all property edges including steep slopes. areas with dense vegetation. and areas outside the impact area. Pechanga provided one of two Pechanga tribal monitors (Luciano [last name unknown] and Robert Cordova) who were present during the entire field effort BCR Consulting performed all field methods in consultation with Pechanga tribal monitors, who explicitly approved these methods in the presence of representatives from the independent cultural resources firm that reviewed the Report. and representatives of the subject property owner. The Pechanga letter references "Resources Not Mentioned". including "cupule boulders in the southern area." On November 11. 2011 (during the assessment phase). BCR Consulting visited the Pechanga Geographic Information Systems (GIS) Department with Pechanga Cultural Resource Analyst Anna Hoover, Pechanga GIS Specialist Shelly Knight. and Pechanga monitor Robert Cordova to review Pechanga records and ensure that our field and research effort:, were comprehensive. The results of this review showed the so-called "cupule boulders" plotted in the Pechanga GIS system, and in the Global Positioning System (GPS) unit that Pechanga monitors carried during the survey. During the field survey, BCR Consulting revisited this "cupule" site on November 14, 2011 (Pechanga monitor present) and recorded bedrock mortars where the cupules were plotted. This has been designated prehistoric site RBF1105-P-3 and is thoroughly described in the report. In the field. the Pechanga monitor confirmed that this site had been mislabeled in their GIS system as "cupules'. and had been correctly recorded as bedrock mortars during the recent effort by BCR Consulting. This mistake is discreetly referenced in the Report (page 8). avoiding mention of Pechanga's GIS mislabeling, No additional site visit of this resource will be necessary during the current fieldwork BCR consulting will perform additional fieldwork to assess the new impact area(s) planned for offsite improvements, including the proposed Rainbow Canyon Road realignment as directed by the City. During this task. BCR Consulting will cover 100 percent of the accessible offsite improvement area(s). Areas covered with poison oak. portions of the subject property outside the proposed impact areas, and areas covered with landscaping and/or pavement will not require additional survey. Report Revisions BCR Consulting will address Pechanga comments to the cultural resources report within the constraints of the RPA code of conduct and as far as this is possible during a cultural resources assessment. The following addresses Pechanga comments and proposes a strategy for the report update: The Pechanga comment letter requests levels of analysis (Landscape analysis. discussion of the Origin area. significance determinations) that are beyond the purview of a cultural resources assessment. These items cannot be addressed until Phase 1! evaluation occurs, which is not underway and cannot be completed until the current effort (i.e. the assessment) is complete. Further. in a section of the Pechanga letter entitled "Archaeological Complex Ignored" Pechanga appears to assume that the BCR Temecula Creek Inn SP £IR - Contract Amendment No. 2 January 22, 2013 Page 3 of 6 Consulting Report has concluded that parte of the subject property are "sterile or clear of cultural resources." The Report makes not such statement. however. and contains specific mitigation options for known and unknown resources including a strict archaeological monitoring requirement for any accidental discoveries. The Report also cites "extreme sensitih,lty for cultural resources" within the subject property (page 13). which appears to satisfy this comment Per the Pechanga letter section entitled "Survey team Unable to Relocate Site", site CARIV 1071 did contain dense vegetation. although this area did not contain poison oak As noted in the report. the site was originally designated in 1976 and. although no site description of any kind was provided from this effort. a box indicating "prehistoric" was checked on the original record. Including the current effort. the site was re -visited by archaeologists on four different occasions and no sign of a prehistoric site was ever found or recorded. BCR Consulting will conduct additional research to give a more complete characterization of the site. and will amend the report to include the research results. A sixth field visit of the plotted site location is not wan -anted. The Pechanga letter further states that "core tribal concerns" were not addressed during the assessment Phase. and that the report does not mention tribal consultation. However. BCR Consulting initiated a Sacred Lands File search with the Native American Heritage Commission (NAHC), and completed research at the Pechanga GIS Department. The Sacred Lands File search is summarized in the Management Summary and Appendix C. and the research performed at Pechanga GIS is described in the Methods. and Results sections. Incidentally, due to the confidential nature of its records, the NAHC does not give specifics to archaeologists regarding Sacred Lands File search results. They simply state whether or not their research indicated `Native American cultural resources were identified" in the area. On November 11, 2011 BCR Consulting sent USPS Certified Letters and emails requesting any pertinent information regarding the subject property to Pechanga Cultural Resources Manager Paul Macarro, Pechanga Cultural Resources Analyst Anna Hoover. and Pechanga Chairperson Mark Macarro. These letters are provided with the Sacred Lands File search results in Appendix C. Pechanga representatives did not submit a response to any of these communications. which accounts for the Report's lack of a Pechanga tribal perspective. Other tribes and individuals did respond. and their opinions are faithfully appended to the Report. Should Pechanga choose to send any materials (or if the it can provide them as indicated in Pechanga's letter). BCR Consulting will append them (including any "Tribal Ethnography" or characterization of Sacred Lands File sites as stated in the comment letter) to the report. This scope of work stipulates Pechanga and City cooperation in providing materials to BCR Consulting that are germane to the Pechanga comment letter. specifically including primary academic documents outlining origin/creation area. Anecdotal accounts and tribal interpretations will be included in the appendix. BCR Consulting has net with the City and, in addition to the above described report revisions. plans to provide additional documentation to expand the Report's Cultural Setting and to further clarify methods and results. These revisions will: • Explain and defend the field investigations: show a map of all areas investigated or avoided and include a discussion in text: • Expand ethnographic information and include landscape analysis using verifiable primary academic resources. including any such resources Pechanga recommends. as far as possible without subsurface testing/evaluation: • Include more detailed information on cultural resources data within subject property boundaries (including resources outside proposed impact area): Temecula Creek Inn SP EIR - Contract Amendment No. 2 January 22, 2013 Page 4 of 6 • Summarize any additional fieldwork performed. Mapping / Sensitivity Analysis In consultation with RBF Consulting, Latitude 33, and the City, BCR Consulting will develop an additional report figure to delineate the following layers as they relate to cultural resources: • Previously disturbed areas including buildings, roads, golf course, and ponds; • Easements; • Water Courses, Slopes Exceeding 15%, Native Vegetation/Wildlife Habitat; • Cultural Resources Data. The mapping will be used as a tool to discuss potential project redesign to avoid any cultural resources, and to further substantiate the arguments for Phase II testing if redesign is not feasible. Based on this information the report will also discuss potential to disturb native soils, and the potential impacts of the Rainbow Canyon Road realignment on cultural resources. This task stipulates that BCR Consulting will address a maximum of one round of coordinated comments from RBF, the City, and Pechanga, provided the comments do not require additional fieldwork. Finally. BCR Consulting will assist RBF Consulting in finalizing the EIR section and in responding to one round of (potential) Draft EIR public and Pechanga comments. Meetings A maximum of eight meetings (four with the City and Pechanga, and attendance of four public hearings related to the Draft EIR) and four conference calls are anticipated to coordinate additional fieldwork and report revisions. Schedule Upon receipt of the signed proposal, the above cultural resources tasks will be scheduled. Stipulating timely cooperation and coordination from all parties, Tasks 1 and 2 are estimated to require 60 days to complete. Task 3 meetings may occur beyond that schedule. Any additional comments received by the City, RBF, and Pechanga will require two weeks to incorporate. Total Cost for Task A = $22,500 ENVIRONMENTAL IMPACT REPORT RELATED TASKS Task B — Additional EIR Work Related to the Cultural Resources Tasks RBF will update the cultural resources discussion in the relevant EIR Section(s) to reflect the extensive fieldwork efforts conducted by the Archaeologist, the extensive Tribal communication provided by and coordinated with the Applicant and the City of Temecula and the extended timeframe to accomplish these efforts, which is far beyond typical efforts performed by current professionals under normal circumstances. This Task also includes RBF attendance at up to two cultural resource -related meetings. Total Cost for Task B = $5,000 Temecula Creek Inn SP EIR - Contract Amendment No, 2 January 22, 2013 Page 5 of 6 Task C — EIR Laud Use Alternative Update RBF understands that Latitude 33 intends to submit an alternative land use plan indicating "single family only" to add more flexibility for market demand. This niay be incorporated into the Specific Plan as a permitted use, and as such RBF will revise the Project Description to not this option. will include a brief note regarding this option in key EIR sections (such as Traffic and Land Use). and will add this option as an alternative in the Alternatives section of the EIR. This task does not include any new quantified studies, although RBF will use existing Project studies and interpolate data quantitatively where possible to indicate relative potential reductions in impacts for this option. Total Cost for Task C = $4.000 Task D - EIR Project Management andMeeting= RBF has expended approximately 90% of the Project Management and Meeting budget through November 2012. RBF's current contract. as amended, assumes Project completion by December, 2012. Assuming the Cultural Resource work and staff -approved Specific Plan are completed by February 2013, the revised EIR completion date is now estimated at September 2013, representing an additional nine (9) months in Project coordination. meeting and management time. Due to the extended schedule and expanded scope noted above (for Cultural Resources work). RBF requests an additional 59.000 for Project Management (at a reduced rate front the approximately 51.200/month provided for originally), and recommends an additional 55,000 to provide for additional meetings. The future project management and meeting budget will depend in part upon the frequency and nature of future meetings and coordination with the applicant. City staff and stakeholders. Presently, RBF is participating in biweekly conference calls which have been very effective in resolving issues. Total Cost for Task D • Additional Management: $ 9.000 • Additional Meeting: S 5.000 Subtotal Task D: $14.000 Total Requested Additional Budget (excluding contingence and Options): S 45,500 Optional Task - EIR Update $5,000 If desired by the City. RBF could "refresh" the EIR to update information, considering the time that has elapsed since preparing the original Administrative Draft EIR sections (including recontacting public senice/utility agencies, and verifying third party information sources are still current, since the Draft EIR will now be released in 2013). This scope does not include any new technical studies or field work Recommended Contingency Budget $20.000 This Contingency budget is recommended to avoid delays by having to go to City Council for approval of potential future additional work requests. This Contingency budget would only be utilized upon written authorization to proceed from the City, with a specific scope and budget for any additional work tasks requested by the City. The recommended contingency allows for the following (upon written authorization of the City): Temecula Creek Inn SP EIR - Contract Amendment No. 2 January 22. 2013 Page 6of6 Revisions to the EIR and/or related technical studies due to potential revisions to the Specific Plan, land use plan or related project submittal documents; Additional cultural or traffic analysis, report revisions. meetings; Additional technical work in areas of water/sewer, traffic, cultural resources: Additional meetings: Additional response to comments time: and Other items as deemed appropriate by the City Should you have any questions or require any additional information, please contact me directly at (951) 506-2074 or via email at jcthomas(?rbf.com. We appreciate the opportunity to assist City staff and the applicant with the CEQA process for this very important Project. Sincerely. Kevin Thomas, CEP Environmental Services Manager Item No. 11 Approvals City Attorney Chief Financial Officer City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Development Services DATE: February 12, 2013 SUBJECT: Acceptance of all housing assets being transferred from the Successor Agency to the Temecula Redevelopment Agency Pursuant to ABX1 26 and AB 1484 PREPARED BY: Luke Watson, Senior Planner RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING ALL OF THE HOUSING ASSETS BEING TRANSFERRED FROM THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY PURSUANT TO ABX1 26 AND AB 1484 BACKGROUND: As a result of the passage of ABX1 26 and subsequently AB 1484, the City Council of the City of Temecula (the "City") adopted Resolution No. 12-02 on January 10, 2012 pursuant to Part 1.85, electing for the City to serve as the Successor Agency to the Temecula Redevelopment Agency (SARDA), upon the Agency's dissolution. Additionally, Health and Safety Code Section 34176, which is set forth in Part 1.85, provides that a city that authorized the creation of a redevelopment agency may elect to retain the housing assets and functions previously performed by the redevelopment agency. If a city elects to retain the responsibility for performing housing functions previously performed by the redevelopment agency, it assumes all rights, powers, duties, and obligations subject to certain qualifications. On January 24, 2012, the City Council adopted City Council Resolution 12-11, electing to retain the housing functions of the former Temecula Redevelopment Agency. ABX1 26 and AB 1484 Section 34176(a)(2) mandate that the SARDA prepare a Housing Asset List (HAL). The HAL includes all of the following housing assets held by the SARDA: • Real property assets • Encumbered funds • Loan or grant receivables • Rents and payments from operations used to maintain affordability and for affordable housing -related enforceable obligations • Amounts owed to the Low and Moderate Income Housing Fund (LMIHF) • Mixed used assets • Housing bond proceeds On August 1, 2012, SARDA delivered the complete HAL to the California State Department of Finance (DOF). On August 31, 2012, the DOF delivered a letter to SARDA in which the DOF disputed two of the housing assets status, per the definition of a housing asset under the provisions of AB 1484. The two housing assets disputed by the DOF include: 1. Housing Asset Transfer List Exhibit A, Item #4 (Diaz Property) 2. Housing Asset Transfer List Exhibit C, Item #1 (3rd and Front Street) The DOF confirmed in its letter dated August 31, 2012, that the remainder of the assets listed in the HAL, are housing assets under the definitions in AB 1484. Per Health &Safety Code Section 34176(a)(1), all housing assets of SARDA were transferred to the "Housing Successor" by operation of law. Due to this fact, and because SARDA believes that all of the housing assets listed on the HAL are housing assets, it is recommended that SARDA formally transfer of all of the housing assets listed on the HAL to the City of Temecula as Housing Successor Agency and that the City of Temecula as Housing Successor Agency formally accept all housing assets. It is also recommended that all housing assets listed on the HAL should remain with the City of Temecula as Housing Successor Agency until such time, as a resolution regarding the two disputed housing assets can be reached through the pending meet and confer appeals process that the SARDA currently has pending with the DOF. AB 1484 Section 34181(c)(f) requires that Oversight Boards review and accept the HAL and direct the Successor Agency to the Temecula Redevelopment Agency to transfer all housing assets on the HAL to the Housing Successor Agency. On January 23, 2012, the Oversight Board of the Successor Agency to the Temecula Redevelopment Agency adopted Resolution OB SARDA 13-01 which formally directed the SARDA to transfer all housing assets listed in the HAL to the City of Temecula as Housing Successor Agency. FISCAL IMPACT: The fiscal impact to the City of Temecula as Housing Successor would include the transfer of the total current value of all housing assets defined in the HAL, and any future appreciation and revenue derived therefrom, to the City of Temecula as Housing Successor Agency. The assets categories that would be transferred include: • Real property assets • Encumbered funds • Loan or grant receivables • Rents and payments from operations used to maintain affordability and for affordable housing -related enforceable obligations • Amounts owed to the Low and Moderate Income Housing Fund (LMIHF) • Mixed used assets • Housing bond proceeds ATTACHMENTS: 1. Resolution No.13- 2. Housing Asset List RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING ALL OF THE HOUSING ASSETS BEING TRANSFERRED FROM THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY PURSUANT TO ABX1 26 AND AB 1484 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The City Council of the City of Temecula does hereby find, determine and declare that: A. The Redevelopment Agency of the City of Temecula was a redevelopment agency in the City of Temecula, duly created pursuant to the Community Redevelopment Law, Part 1, commencing with Section 33000, of Division 24 of the California Health and Safety Code (hereafter the "Temecula Redevelopment Agency"). On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1." On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91- 15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91- 11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. The Plan has been amended by Ordinance Nos. 94-33, 06-11 and 07-20 adopted by the City Council. The Agency duly adopted its Implementation Plan for 2010-2014 on December 8, 2009 in accordance with Health and Safety Code Section 33490. B. The City Council of the City of Temecula adopted Resolution No. 12-02 January 10, 2012, pursuant to Health and Safety Code Section 34173 and applicable law electing for the City to serve as the Successor Agency for the Temecula Redevelopment Agency upon the dissolution of the Redevelopment Agency of the City of Temecula. The City Council of the City of Temecula, Acting as the Governing Body for the Successor Agency to the Temecula Redevelopment Agency, adopted Resolution No. 12-01 on February 28, 2012 declaring the Successor Agency to the Temecula Redevelopment Agency duly constituted pursuant to law and establishing rules and regulations for the operation of the Successor Agency to the Temecula Redevelopment Agency ("Successor Agency"). C. Pursuant to Health and Safety Code Section 34175(b) and the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al. (53 Ca1.4th 231(2011)), on February 1, 2012, all assets, properties, Resos 13- 1 contracts, leases, books and records, buildings, and equipment of the former Temecula Redevelopment Agency transferred to the control of the Successor Agency by operation of law. D. Pursuant to Health and Safety Code Section 34176(a), the City Council of the City of Temecula (the "City" or "Housing Successor Agency") adopted Resolution No. 12-11 on January 24, 2012 electing for the City to retain the housing assets, as allowed by law, and functions previously performed by the former Agency. E. Pursuant to Health &Safety Code Section 34176(a)(1), all housing assets of the Successor Agency were transferred to the Housing Successor by operation of law. F. On August 1, 2012, the Successor Agency delivered the complete Housing Asset List ("HAL") to the California State Department of Finance ("DOF") pursuant to the provisions of Health and Safety Code Section 34176(a)(2). On August 31, 2012, the DOF delivered a letter to the Successor Agency in which the DOF disputed two of the housing assets status, per the definition of a housing asset under the provisions of AB 1484. The two housing assets disputed by the DOF include: (1) Housing Asset Transfer List Exhibit A, Item #4 (Diaz Property); and (2) Housing Asset Transfer List Exhibit C, Item #1 (3rd and Front Street). The Successor Agency and Housing Successor Agency disagree with this position of the DOF and are pursuing administrative remedies with DOF to reverse its decision. G. The DOF confirmed in its letter dated August 31, 2012, that the remainder of the assets listed in the HAL, are housing assets under the definitions in Health and Safety Code Section 34176(e). H. Health and Safety Code Section 34181(c) provides that the Oversight Board of the Successor Agency to the Temecula Redevelopment Agency shall direct the Successor Agency to transfer housing assets to the Housing Successor Agency as appropriate entity pursuant to Health and Safety Code Section 34176 and Health and Safety Code Section 34177(g) directs the Successor Agency to effectuate the transfer of housing functions and assets pursuant to Health and Safety Code Section 34176. I. On January 23, 2012, the Oversight Board of the Successor Agency to the Temecula Redevelopment Agency adopted Resolution OB SARDA 13-01 which formally directed the Successor Agency to transfer all housing assets listed in the HAL to the City as the Housing Successor Agency pursuant to Health and Safety Code Section 34176(a)(2). J. Accordingly, the City Council of the City of Temecula desires accept the housing functions and housing assets to be transferred by the Successor Agency to the City as the Housing Successor Agency pursuant to Resolution No. SARDA 13- of the Successor Agency adopted on February 12, 2012. Section 2. The City Council of the City of Temecula hereby accepts the housing functions and housing assets transferred to the City as the Housing Successor Resos 13- 2 Agency pursuant to Resolution No. SARDA 13- adopted by the Successor Agency on February 12, 2012. Section 3. The City Council of the City of Temecula hereby designates the Finance Director as the official to whom the DOF may make requests for review in connection with the housing asset transfer and who shall provide the DOF with the telephone number and e-mail contact information for the purpose of communicating with the DOF. Section 4. The City Manager of the City is hereby authorized and directed to execute and record such documents and instruments on behalf of the City and to do any and all other things which he may deem necessary or advisable to effectuate this Resolution. The City Manager, in consultation with the City's Attorney, may modify the acceptance of the transfer of any housing asset as the City Manager or the City Attorney deem necessary or advisable, including those heretofore or hereafter approved or deemed approved by DOF pursuant to Health and Safety Code Section 34176(a)(2). Any such actions taken by the City Manager that are consistent with this resolution are hereby ratified and confirmed. Section 5. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of February, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Resos 13- 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 1 2tn day of February, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Resos 13- 4 Former Redevelopment Agency: Successor Agency to the Former Redevelopment Agency: DEPARTMENT OF FINANCE HOUSING ASSETS LIST ASSEMBLY BILL X1 26 AND ASSEMBLY BILL 1484 (Health and Safety Code Section 34176) Temecula Redevelopment Agency Successor Agency to the former Temecula Redevelopment Agency Entity Assuming the Housing Functions of the former Redevelopment Agency: City of Temecula Entity Assuming the Housing Functions Contact Name: Entity Assuming the Housing Functions Contact Name: Patrick Richardson Genie Wilson Title Director of Development Services Phone 951-694-6444 Title Chief Financial Officer Phone 951-694-6444 E -Mail Address Patrick. Richardson(acityoftemecula.orq E -Mail Address Genie.Wilson W..citvoftemecula.orq All assets transferred to the entity assuming the housing functions between February 1, 2012 and the date the exhibits were created are included in this housing assets list. The following Exhibits noted with an X in the box are included as part of this inventory of housing assets: Exhibit A - Real Property Exhibit B- Personal Property Exhibit C - Low -Mod Encumbrances Exhibit D - Loans/Grants Receivables Exhibit E - Rents/Operations Exhibit F- Rents Exhibit G - Deferrals Prepared By: Date Prepared: X X X X X X Luke Watson 07/26/2012 Exhibit A - Real Property City of Temecula Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) a/ Asset types may include low -mod housing, mixed -income housing, low -mod housing with commercial space, mixed -Income housing with commercial space. b/ May Include California Redevelopment Law, tax credits, state bond indentures, and federal funds requirements. Is the property encumbered by Date of transfer to Construction or acquisition cost funded Construction or acquisition Construction or acquisition Date of construction or Interest In real property (option to Legal Title and Carrying Value Total square Square footage reserved for low- a low -mod housing Source of low- mod housing Housing Successor with Low -Mod Housing Fund costs funded with other costs funded with non -RDA acquisition by the purchase, easement, Item # Type of Asset a/ Description of Asset footage rood housing covenant? covenant b! Agency monies RDA funds funds former RDA etc.) Land 940310050, $2,766,435 184,429 184,429 yes California S5.800.000 07/01/1998 Fee Title 940310051, Redevelopment 922054023, Law 922054022, 922054021 1 Land 922053020, 922053021 $154,500 45,434 38,233 no $154,500 12/21/1999 Fee Title 2 Land 922062010 $84,000 10,370 10,370 no $84,000 07/23/2009 Fee Title 3 4 Land 909370002 54,400.388 1,393,920 1,393,920 no $3,800,000 1994 Fee Title Held by City a/ Asset types may include low -mod housing, mixed -income housing, low -mod housing with commercial space, mixed -Income housing with commercial space. b/ May Include California Redevelopment Law, tax credits, state bond indentures, and federal funds requirements. Exhibit B - Personal Property City of Temecula inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) Item # Type of Asset a/ Description Carrying Value of Asset Date of transfer to Housing Successor Agency Acquisition cost funded with Low -Mod Housing Fund monies Acquisition costs funded with other RDA funds Acquisition costs funded with non- RDA funds Date of acquisition by the former RDA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 a/ Asset types any personal property provided in residences, including furniture and appliances, all housing -related files and loan documents, office supplies, software licenses, and mapping programs, that were acquired for low and moderate income housing purposes, either by purchase or through a loan, in whole or in part, with any source of funds. Exhibit C - Low -Mod Encumbrances City of Temecula Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) Item # Type of housing built or acquired with enforceably obligated funds a/ Date contract for Enforceable Obligation was executed Contractual counterparty Total amount currently owed for the Enforceable Obligation Is the property encumbered by a tow -mod housing covenant? Source of low. mod housing covenant b! Current owner of the property Construction or acquisition cost funded with Low -Mod Housing Fund monies Construction or acquisition costs funded with other RDA funds Construction or acquisition costs funded with non -RDA funds Date of construction or acquisition of the property 1 Low -Mod Housing w/ Commercial Space 02/22/2011 Front Street Plaza Partners LLC 4,000,000 yes California Redevelopmen t Law, Bond Indentures Front Street Plaza Partners LLC $4,000.000 01 -Mar -12 2 Low -Mod Housing 09/22/2009 Summerhouse Housing Associates L.P. 1,080,262 yes California Redevelopmen t Law, Tax Credits Summerhouse Housing Associtates L.P. $7,358,333 29 -Sep -09 3 Low -Mod Housing 02/22/2011 AMCAL Pujol Fund L.P. 1,859,667 yes California Redevelopmen t Law, Tax Credits, Bond Indentures AMCAL Pujol Fudn L.P. 55,579,000 23 -Dec -11 a/ May include low -mod housing, mixed -income housing, low -mod housing with commercial space, mixed -income housing with commercial space. b/ May include Califomia Redevelopment Law, tax credits, state bond Indentures, and federal funds requirements. Exhibit D - Loans/Grants Receivables City of Temecula Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) Item # Was the Low -Mod Housing Fund amount issued for a loan or a grant? Amount of the loan or grant Date the loan or grant was issued Person or entity to whom the loan or grant was issued Purpose for which the funds were loaned or granted Are there contractual requirements specifying the purposes for which the funds may be used? Repayment date, if the funds are for a loan Interest rate of loan Current outstanding loan balance 1 Conditional Loan $ 3,000.000 08/09/2005 D'ALTO Partners LLC Construction/R ehabilitation of Affordable Housing yes 08/09/2060 $ 3.000,000 2 Conditional Loan $ 3,300,000 03/28/2006 Palomar Heritage Building LLC Construction/R ehabilitation of Affordable Housing yes 03/28/2061 $ 3,300,000 3 Conditional Loan $ 2,615,000 07/08/2003 28500 Pujol Street L.P. Construction/R ehabilitation of Affordable Housing yes 07/14/2058 1% $ 3.147,642 4 Conditional Loan $ 305,000 07/01/1998 Temecula Gardens L.P. Construction/R ehabilitation of Affordable Housing yes 06/30/2028 1% $ 347,700 5 Conditional Loan $ 8,438,595 09/22/2009 Summerhouse Housing Associates L.P. Construction/R ehabilitation of Affordable Housing yes 55 years from the Completion of Construction and the issuance of Occupancy 3% $ 7,886,337 6 Conditional Loan $ 6.000,000 08/12/2008 Warehouse at Creekside LLC Construction/R ehabilitation of Affordable Housing yes 08/14/2063 $ 6,000.000 7 Conditional Grant $ 5,579,000 02/22/2011 Amcal Pujol Fund L.P. Construction/R ehabilitation of Affordable Housing yes $ 5,579,000 8 Loan $20,000.00 09/20/1999 Golem, Todd & Christine Construction/R ehabilitation of Affordable Housing Yes 09/20/2029 5.00% $15,846 9 Loan $22,400.00 06/06/2001 Nay, Linda Construction/R ehabilitation of Affordable Housing Yes 06/06/2031 5.00% $9,388 10 Loan $35,053.00 04/21/2009 Weido, Tanya Noel Construction/R ehabilitation of Affordable Housing Yes 04/21/2039 5.00% $35,053 11 Loan $40,800.00 05/05/2009 Deming, Joel and Rene Construction/R ehabilitation of Affordable Housing Yes 04/30/2039 5.00% $40,800 12 Loan $37,980.00 05/19/2009 Stoiber, Gretchen Construction/R ehabilitation of Affordable Housing Yes 05/19/2039 5.00% $37,980 13 Loan $56,961.00 06/23/2009 O'Brien, Olga Construction/R ehabilitation of Affordable Housing Yes 06/23/2039 5.00% $56,961 14 Loan $29,700.00 06/15/2009 Guinto, Jocelyn Construction/R ehabilitation of Affordable Housing Yes 06/15/2039 5.00% $29,700 15 Loan $48:000.00 09/14/2010 Self, Benjamin W Construction/R ehabilitation of Affordable Housing Yes 09/14/2040 5.00% $48,000 16 Loan $42,800.00 01/06/2011 Covarrubias, Xadrian & Giulana Construction/R ehabilitation of Affordable Housing Yes 01/06/2041 5.00% $42,800 17 Loan $7,500.00 08/06/2007 Edward James Olsen Construction/R ehabilitation of Affordable Housing Yes 08/06/2012 5.00% $9.375 18 Forgivable Loan $4,200.00 08/06/2007 Angel & Andelina Mammano Construction/R ehabilitation of Affordable Housing Yes 08/06/2012 5.00% $5,250 19 Forgivable Loan $9,990.00 09/05/2007 Helen Cappellia Construction/R ehabilitation of Affordable Housing Yes 09/05/2012 5.00% $12,446 20 Forgivable Loan $3,950.00 09/19/2007 Cayetano & Melinda Montano Construction/R ehabilitation of Affordable Housing Yes 09/19/2012 5.00% $4.921 21 Forgivable Loan $7.166.00 10/10/2007 Christina C. Vanderharst Construction/R ehabilitation of Affordable Housing Yes 10/10/2012 5.00% $8,898 22 Forgivable Loan $5,491.00 10/22/2007 Mary (side Morelli Construction/R ehabilitation of Affordable Housing Yes 10/22/2012 5.00% $6,818 23 Forgivable Loan $6.579.00 10/03/2007 Tracy Clayton Construction/R ehabilitation of Affordable Housing Yes 10/03/2012 5.00% $8,169 24 Forgivable Loan $6,788.00 10/30/2007 Marcela & Roberto Navarro Construction/R ehabilitation of Affordable Housing Yes 10/30/2012 5.00% $8,428 25 Forgivable Loan $7,500.00 11/14/2007 Deborah High Construction/R ehabilitation of Affordable Housing Yes 11/14/2012 5.00% $9.281 26 Forgivable Loan $6,810.00 11/19/2007 Marguerite and Mary Martin Construction/R ehabilitation of Affordable Housing Yes 11/19/2012 5.00% $8,428 27 Forgivable Loan $6,800.00 01/22/2008 Alan & Lylliam Brandon Construction/R ehabilitation of Affordable Housing Yes 01/22/2013 5.00% $8,358 28 Forgivable Loan $7,500.00 02/07/2008 Joseph & Lisa Digioia Construction/R ehabilitation of Affordable Housing Yes 02/07/2013 5.00% $9,188 29 Forgivable Loan $7:500.00 02/20/2008 Ganiyu Bello Construction/R ehabilitation of Affordable Housing Yes 02/20/2013 5.00% $9,188 30 Forgivable Loan $7,500.00 04/22/2008 Clarence & Esther & Rita Louise Massie Construction/R ehabilitation of Affordable Housing Yes 04/22/2013 5.00% $9,125 31 Forgivable Loan $1,094.00 05/27/2008 Sterlyn & Janie Rigsby Construction/R ehabilitation of Affordable Housing Yes 05/27/2013 5.00% $1,327 32 Forgivable Loan $7.500.00 06/17/2008 Kathaleen McMurray Construction/R ehabilitation of Affordable Housina Yes 06/17/2013 5.00% $9,063 33 Forgivable Loan $6,362.50 06/18/2008 Marvin & Mary Morton Construction/R ehabilitation of Affordable Housing Yes 06/18/2013 5.00% $7,688 34 Forgivable Loan $7,585.50 06/18/2008 Pauline Lois Lucas Construction/R ehabilitation of Affordable Housing Yes 06/18/2013 5.00% $9,166 35 Forgivable Loan $6,450.19 06/18/2008 Helen Chichester Construction/R ehabilitation of Affordable Housing Yes 06/18/2013 5.00% $7,794 36 Forgivable Loan $4.196.00 08/13/2008 Lisa Ybarra Construction/R ehabilitation of Affordable Housing Yes 08/13/2013 5.00% $5,035 37 Forgivable Loan $7,376.17 08/21/2008 Rachel Petricka Construction/R ehabilitation of Affordable Housing Yes 08/21/2013 5.00% $8,851 38 Forgivable Loan $3,342.00 10/13/2008 Authur & Susan Whiting Construction/R ehabilitation of Affordable Housing Yes 10/13/2013 5.00% $3,983 39 Forgivable Loan $6,448.00 11/06/2008 Ursula Preston Construction/R ehabilitation of Affordable Housing Yes 11/06/2013 5.00% $7.657 40 Forgivable Loan $7,500.00 11/06/2008 Thomas Fitzgerald Construction/R ehabilitation of Affordable Housing Yes 11/06/2013 5.00% $8,906 41 Forgivable Loan $3.000.00 12/17/2008 Americo & Angela D'Ambrosio Construction/R ehabilitation of Affordable Housing Yes 12/17/2013 5.00% $3,550 42 Forgivable Loan $7,432.00 03/04/2009 Mollie Manuel) Construction/R ehabilitation of Affordable Housing Yes 03/04/2014 5.00% $8,702 43 Forgivable Loan $7,500.00 03/17/2009 Ahmet & Hulya Baskent Construction/R ehabilitation of Affordable Housing Yes 03/17/2014 5.00% $8.781 44 Forgivable Loan $7,495.02 09/15/2009 Steven & Lena Anocibar Construction/R ehabilitation of Affordable Housing Yes 09/15/2014 5.00% $8,588 45 Forgivable Loan $7,453.28 08/12/2009 Gretchen L. Stoiber Construction/R ehabilitation of Affordable Housing Yes 08/12/2014 5.00% $8,571 46 Forgivable Loan $6,720.00 07/10/2009 Jason Gerber Construction/R ehabilitation of Affordable Housing Yes 07/10/2014 5.00% $7,756 47 Forgivable Loan $6,536.42 08/13/2009 Eric K. & Marjory Plain Construction/R ehabilitation of Affordable Housing Yes 08/13/2014 5.00% $7,517 48 Forgivable Loan $6,153.90 10/20/2009 Shirley Reyes Construction/R ehabilitation of Affordable Housing Yes 10/20/2014 5.00% $7.026 49 Forgivable Loan $3,059.00 06/09/2009 Clarence & Doris Elder Construction/R ehabilitation of Affordable Housing Yes 06/09/2014 5.00% $3,544 50 Forgivable Loan $7,500.00 07/27/2009 Jesus Morga Construction/R ehabilitation of Affordable Housing Yes 07/27/2014 5.00% $8,656 51 Forgivable Loan $7.459.70 07/24/2009 William & Maria Stanton Construction/R ehabilitation of Affordable Housing Yes 07/24/2014 5.00% $8,610 52 Forgivable Loan $5,377.23 07/27/2009 Enid Gessow Construction/R ehabilitation of Affordable Housing Yes 07/27/2014 5.00% $6.206 53 Forgivable Loan $10,000.00 08/24/2010 Jeremy & Sueann Garzon Construction/R ehabilitation of Affordable Housing Yes 08/24/2015 5.00% $11,000 54 Forgivable Loan $10,000.00 08/31/2010 Nicole Glenn Construction/R ehabilitation of Affordable Housing Yes 08/31/2015 5.00% $11,500 55 Forgivable Loan $7,319.00 09/16/2010 Daniel & Brandy Williams Construction/R ehabilitation of Affordable Housing Yes 09/16/2015 5.00% $8,021 56 Forgivable Loan $7,034.12 09/16/2010 Reannette Granzow Construction/R ehabilitation of Affordable Housing Yes 09/16/2015 5.00% $7,708 57 Forgivable Loan $7,954.57 10/01/2010 Oscar Uribe Vargas & Martha Vargas Castro Construction/R ehabilitation of Affordable Housing Yes 10/01/2015 5.00% $8,684 58 Forgivable Loan $10,000.00 10/01/2010 Debra Moreno Construction/R ehabilitation of Affordable Housing Yes 10/01/2015 5.00% $10,917 59 Forgivable Loan $10,000.00 10/28/2010 John & Kristin Bobst Construction/R ehabilitation of Affordable Housing Yes 10/28/2015 5.00% $10,917 60 Forgivable Loan $5,419.00 11/02/2010 Luis & Maria Escalante Construction/R ehabilitation of Affordable Housing Yes 11/02/2015 5.00% $5,893 61 Forgivable Loan $10,000.00 11/24/2010 Misael E. & Amy S. Ortiz Construction/R ehabilitation of Affordable Housing Yes 11/24/2015 5.00% $10,875 62 Forgivable Loan $9.448.00 12/08/2010 Robert & Karen Issleib Construction/R ehabilitation of Affordable Housing Yes 12/08/2015 5.00% $10,235 63 Forgivable Loan $8,626.00 01/31/2011 Brain and Crystal Braught Construction/R ehabilitation of Affordable Housing Yes 01/31/2016 5.00% $9,309 64 Forgivable Loan $9,582.00 02/08/2011 Shana Brooks- Schmit & Sebastien Marc -Guy Schmit Construction/R ehabilitation of Affordable Housing Yes 02/08/2016 5.00% $10,301 65 Forgivable Loan $9,880.00 03/07/2011 Robert G. Martinez Construction/R ehabilitation of Affordable Housing Yes 03/07/2016 5.00% $10,580 66 Forgivable Loan $7,973.50 03/14/2011 Michele Alexander Construction/R ehabilitation of Affordable Housing Yes 03/14/2016 5.00% $8,538 67 Forgivable Loan $8,990.00 04/06/2011 Olga O'Brien Construction/R ehabilitation of Affordable Housing Yes 04/06/2016 5.00% $9,589 68 Forgivable Loan $7.676.25 03/15/2011 Juanita Diaz Construction/R ehabilitation of Affordable Housing Yes 03/15/2016 5.00% $8,220 69 Forgivable Loan $5,766.88 05/12/2011 Joel & Rene Deming Construction/R ehabilitation of Affordable Housing Yes 05/12/2016 5.00% $6,127 70 Forgivable Loan $10,000.00 03/16/2011 Philip & Carrie Sanchez Construction/R ehabilitation of Affordable Housing Yes 03/16/2016 5.00% $10.708 71 Forgivable Loan $9,545.00 03/16/2011 Jose & Regina Diaz Construction/R ehabilitation of Affordable Housing Yes 03/16/2016 5.00% $10,221 Exhibit E - Rents/Operations City of Temecula Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) Item # Type of payment a/ Type of property with which they payments are associated bl Property owner Entity that collects the payments Entity to which the collected payments are ultimately remitted Purpose for which the payments are used Is the property encumbered by a low -mod housing covenant? Source of low- mod housing covenant cl Item # from Exhibit A the rent/operation is associated with (if applicable) 1 Residual Reciept Low -Mod Housing 28500 Pujol Street L.P. Housing Successor Agency Housing Successor Agency Affordable Housing Yes California Redevelopment Law 2 Annual Compliance Monitoring Fee Low -Mod Housing Temecula Gardens L.P. Housing Successor Agency Housing Successor Agency Affordable Housing Yes California Redevelopment Law 1 3 Annual Compliance Monitoring Fee Low -Mod Housing 28500 Pujol Street L.P. Housing Successor Agency Housing Successor Agency Affordable Housing Yes California Redevelopment Law 4 Annual Compliance Monitoring Fee Low -Mod Housing Cochella Valley Housing Coalition Housing Successor Agency Housing Successor Agency Affordable Housing Yes California Redevelopment Law 5 Principal and Interest from Homeowners Low -Mod Housing Golem, Todd & Christine Housing Successor Agency Housing Successor Agency Creation of maintenance for affordable housing Yes California Redevelopment Law 6 Principal and Interest from Homeowners Low -Mod Housing Nay, Linda Housing Successor Agency Housing Successor Agency Creation of maintenance for affordable housing Yes California Redevelopment Law 7 Principal and Interest from Homeowners Low -Mod Housing Weido, Tanya Noel Housing Successor Agency Housing Successor Agency Creation of maintenance for affordable housing Yes California Redevelopment Law 8 Principal and Interest from Homeowners Low -Mod Housing Deming, Joel and Rene Housing Successor Agency Housing Successor Agency Creation of maintenance for affordable housing Yes California Redevelopment Law 9 Principal and Interest from Homeowners Low -Mod Housing Stoiber, Gretchen Housing Successor Agency Housing Successor Agency Creation of maintenance for affordable housing Yes California Redevelopment Law 10 Principal and Interest from Homeowners Low -Mod Housing O'Brien, Olga Housing Successor Agency Housing Successor Agency Creation of maintenance for affordable housing Yes California Redevelopment Law 11 Principal and Interest from Homeowners Low -Mod Housing Guinto, Jocelyn Housing Successor Agency Housing Successor Agency Creation of maintenance for affordable housing Yes California Redevelopment Law 12 Principal and Interest from Homeowners Low -Mod Housing Self, Benjamin W Housing Successor Agency Housing Successor Agency Creation of maintenance for affordable housing Creation of maintenance for affordable housing Yes Yes California Redevelopment Law California Redevelopment Law 13 Principal and Interest from Homeowners Low -Mod Housing Covarrubia s, Xadrian & Giulana Housing Successor Agency Housing Successor Agency payments from developers, conditional grant repayments, costs savings and commercial space, mixed -income housing with commercial space. and federal funds requirements. Exhibit F - Rents City of Temecula Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) a/ May include rents or home loan payments. b/ May include low -mod housing, mixed -income housing, low -mod housing with commercial space, mixed -income housing with commercial space. c/ May include California Redevelopment Law, tax credits, state bond indentures, and federal funds requirements. Type of property Entity to which the collected Purpose for Is the property encumbered Item # from Exhibit A the rent with which the Entity that payments are which the by a tow -mod Source of low- is associated payments are Property collects the ultimately payments are housing mod housing with (If Item # Type of payment a/ associated b/ owner payments remitted used covenant? covenant c/ applicable) Temecula Gardens Housing Successor Housing Successor Creation and maintenance of affordable California Redevelopment Law, Bond 1 Ground Lease Rent Low -Mod Housing L.P. Agency Agency housing yes Indentures 1 28500 Pujol Housing Successor Housing Successor Creation and maintenance of affordable California Redevelopment 2 Residual Reciept Low -Mod Housing Street L.P. Agency Agency housing yes Law a/ May include rents or home loan payments. b/ May include low -mod housing, mixed -income housing, low -mod housing with commercial space, mixed -income housing with commercial space. c/ May include California Redevelopment Law, tax credits, state bond indentures, and federal funds requirements. Exhibit G - Deferrals City of Temecula Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) Item # Purpose for which funds were deferred Fiscal year in which funds were deferred Amount deferred Interest rate at which funds were to be repaid Current amount owed Date upon which funds were to be repaid 1 HSC 33690 (c)(1) & HSC 33690.5 (c)(1) 2009-2010 $ 4,354,450 $ 4,354,450 2015 2 HSC 33690 (c)(1) & HSC 33690.5 (c)(1) 2010-2011 $ 896,504 $ 896.504 2015 Item No. 12 Approvals City Attorney Chief Financial Officer City Manager 07-e-r-- OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: February 12, 2013 SUBJECT: Grant of Easement to Southern California Edison within Old Town City -owned Parking Lot (APN 922-046-025) PREPARED BY: Mayra De La Torre, Senior Engineer Steve Charette, Associate Engineer RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA GRANTING AN EASEMENT TO THE SOUTHERN CALIFORNIA EDISON COMPANY LOCATED WITHIN OLD TOWN CITY -OWNED PARKING LOT (APN 922-046-025) BACKGROUND: On March 16, 2011, the Planning Commission approved Planning Application PA10-0251 for the construction of a four story multi -use building at the southwest corner of Old Town Front Street and 3rd Street ("Front Street Plaza"). One of the conditions of approval for the project requires that all existing and proposed utilities be undergrounded pursuant to Title 15, Chapter 15.04 of the Temecula Municipal Code. To complete the undergrounding and to provide electrical service to the new building, it is necessary for the City to convey a utility easement to Southern California Edison Company ("SCE"). The proposed undergrounding design by SCE includes the installation of underground conduits at a location immediately south of the proposed Front Street Plaza property and within City - owned property (APN 922-046-025). SCE needs an easement strip of approximately 1,000 square feet along the northerly property line of the City parking lot in order to install underground conduit, wires and appurtenant equipment necessary to complete the undergrounding and to supply power to the new building. Granting of the easement will not adversely affect the use of the parking lot nor the associated parking stalls. The proposed easement is depicted on Exhibits "A" and "B" which are attached to this report and also made a part of the proposed Resolution. Attached Exhibit "C" shows the location of proposed SCE facilities. Specific language within this deed was added to insure that this easement will not interfere with public access or ability to use the City parking lot. Staff recommends that the City Council adopt the resolution approving the proposed grant of easement to SCE. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution No. 13- 2. Grant of Easement to Southern California Edison Company with Exhibits "A", "B" & "C" RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA GRANTING AN EASEMENT TO THE SOUTHERN CALIFORNIA EDISON COMPANY LOCATED WITHIN OLD TOWN CITY -OWNED PARKING LOT (APN 922-046-025) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1: On March 16, 2011, the Planning Commission approved Planning Application PA10-0251 for the construction of a four story multi -use building located at the southwest corner of Old Town Front Street and 3rd Street ("Front Street Plaza" - Assessor Parcel Numbers 922-046-010 & 922-046-011). Section 2: Conditions of Approval for PA10-0251 require that all existing and proposed utilities be undergrounded pursuant to Title 15, Chapter 15.04 of the Temecula Municipal Code. Section 3: To complete the undergrounding of utilities, it is necessary for the Southern California Edison Company ("SCE") to obtain a utility easement from the City of Temecula located within City -owned property (Assessor Parcel Number 922-046- 025). Said property is located immediately south of the Front Street Plaza site and is currently used for public parking. Section 4: SCE has determined that a 1,000 square foot easement is necessary within the City property in order to connect the proposed underground conduit system to existing SCE facilities. Section 5: The City of Temecula hereby desires to grant to the Southern California Edison Company a Grant of Easement to construct and maintain underground electrical facilities as described in Exhibit "A" and as shown in Exhibits "B" and "C" of said easement attached hereto. Section 6: Based on the findings made in this Resolution, the City Council of the City of Temecula hereby approves a Grant of Easement to the Southern California Edison Company as identified on Exhibits "A", "B" and "C" attached hereto. Section 7: That upon the adoption of the resolution, the City Clerk is directed to file in the Office of the County Recorder, a certified copy of said resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of February, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of February, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk RECORDING REQUESTED BY THERN CALIFORNIA EDISON An EDISON INTER.NiAT1ONAL Company WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY Real Properties 2131 Walnut Grove Avenue, 2nd Floor Rosemead, CA 91770 Attn: Distribution/TRES GRANT OF EASEMENT SPACE ABOVE THIS LINE FOR RECORDERS USE DOCUMENTARY TRANSFER TAX $ NONE (VALUE DISTRICT Wildomar WORK ORDER TD614708 DENTITY MAP SIZE AND CONSIDERATION LESS THAN $100.00) SCE Company FIM 453-1725-0 APN 922-046-025 APPROVED: Real Properties BY SLS/SM DATE 01/22/2013 SIG. OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME CITY OF TEMECULA (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above -ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence by electrical means, in, on, over, under, across and along that certain real property in the County of Riverside, State of California, described as follows: FOR LEGAL DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable. Grantee shall not install any above -ground improvements on the above described real property within the existing parking lot area. EXECUTED this day of , 20 . 2 GRANTOR CITY OF TEMECULA Signature Print Name Title GRANTEE SOUTHERN CALIFORNIA EDISON COMPANY, a corporation Dino 3. LaBanca, Real Properties Department Date DSE800984664 11)614708 State of California County of On before me, ) ) ) (here insert name ) , notary public personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature (This area for notary stamp) State of California ) ) County of ) On before me, , notary public (here insert name ) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) 011 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 3 (This area for notary stamp) DSE800984664 TD614708 EXHIBIT "A" TWO STRIPS OF LAND LYING WITHIN PORTIONS OF LOTS 6, 7, AND 8, IN BLOCK 29, TOWN OF TEMECULA, AS PER MAP RECORDED IN BOOK 15, PAGE 726 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AND WITHIN A PORTION OF THE SOUTHEASTERLY 10.00 FEET OF THE 20.00 FOOT WIDE ALLEY WITHIN SAID BLOCK 29 VACATED BY RESOLUTION NO. 79-68, RECORDED ON APRIL 23, 1979 AS INSTRUMENT NO. 80863 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, DESCRIBED AS FOLLOWS: STRIP #1 (13.00 FEET WIDE) THE SOUTHEASTERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE SOUTHWESTERLY LINE OF SAID LOT 7, SAID POINT BEING IN A LINE PARALLEL WITH AND DISTANT 3.00 FEET SOUTHEASTERLY, MEASURED AT RIGHT ANGLES, FROM THE SOUTHEASTERLY LINE OF SAID ALLEY, SAID POINT ALSO HEREINAFTER REFERRED TO AS POINT "A"; THENCE SOUTHWESTERLY ALONG SAID PARALLEL LINE, A DISTANCE OF 16.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID PARALLEL LINE, A DISTANCE OF 60.00 FEET TO THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO OLD TOWN DINING, LLC, RECORDED APRIL 27, 2004 AS DOCUMENT NO. 2004-0305431 OF OFFICIAL RECORDS, IN THE OFFICE THE COUNTY RECORDER OF SAID RIVERSIDE COUNTY, SAID SOUTHWESTERLY LINE BEING A LINE PARALLEL WITH AND DISTANT 6.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE SOUTHWESTERLY LINE OF LOT 9, IN SAID BLOCK 29. STRIP #2 (22.00 FEET WIDE) THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT SAID POINT "A"; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 7, A DISTANCE OF 10.00 FEET. FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION, SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code. Prepared by me or under my direction: Dated: A — 1 , 2012 Y/21R7H-"Zie- Glenn M. Bakke R.C.E. #18619 Exp. 6-30-13 okoFESS /Oki c� to Zi 'a' N. C-18619 rr 6'2-3043 Exp * d' OF CAL��d DS E800984664 T fl 1 A'? n 52 \ / STRIP#1 \>v// PT. "A" // / / / '<\ / / / / Dated 1 " 1 0�-� , 2012 / co TPOB `\ STRIP#1 Glenn M. Bakke R.C.E.# 18619 Exp. 6-30-13 EXHIBIT "B" SCE EASEMENT DSE800965999 TD# 630236 SLS/SM 12/11/12 `_ SCALE:1 "-30' c V3700 TO P3701 IN: 73' 2-1/0 JCN 12k , 4? 1"..1 /OZ 10 NN IN: 5' 2-350,1-4/0 EX: 2289376E CF C. 5216E TO V3700 IN: 284' 3-1/0 JCN 12kV EPL V3700 to 5216E - 1238' CF W 66'-1 Pi 0.111T01117111111211211E0 001,010.7 IEOO7M. 11 KW HAJO10114 cumin owato It 2 IMO 1-4' OUCTI \\ RM: 117-3 ' .KN X4720 10 P4738 19 CF 6 4" 22' 6 CF 32' X4130 TO P9921 X4130 TO P9921 P9921 TO P/L P9921 TO P/L EASEMENT REQ'D EASEMENT REQ'D 4 •S' X4130 TO P9921 IN: 19' 3-1/0 JCN 12kV V3700 TO X4130 IN: 379' 3-1/0 JCN 12kV EPL V3700 TO X4130 IS 1131' M. P 4 PAD 72"x94" CONCRETE RM: 1- S PRECAST PAD 72" X 94" RM: 1- TR PM F DE 150KVA 12KV 120/206Y 3P+ SN: EXHIBIT "C" Item No. 13 Approvals City Attorney Chief Financial Officer City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: February 12, 2013 SUBJECT: Acceptance of Improvements and Notice of Completion for the Traffic Safety and Bridge Light Retrofit Project, PW12-08 PREPARED BY: Amer Attar, Principal Engineer Chris White, Assistant Engineer - CIP RECOMMENDATION: 1. Accept the construction of the Traffic Safety and Bridge Light Retrofit Project, PW 12-08, as complete; 2. Direct the City Clerk to file and record the Notice of Completion. BACKGROUND: On March 2010, the City of Temecula was awarded grant funds through the American Recovery and Reinvestment Act (ARRA) of 2009 to develop energy efficient programs. The City was granted $940,700 from the Department of Energy (DOE) Energy Efficiency and Conservation Block Grant (EECBG). The program concluded on September 27, 2012, after the completion of this project. The City Council has previously approved an agreement to purchase the lights with Tanko Lighting on July 10, 2012. Also, the City Manager approved an agreement with Republic ITS, Inc. to install the lights. The Traffic Safety and Bridge Light Retrofit Project replaced the energy inefficient high pressure sodium lighting technology with more energy efficient induction lighting technology at 113 traffic intersections and atop three bridges within the City of Temecula. The vast majority of the intersections have four high pressure sodium lamps ranging in wattage from 200-450 watts per lamp. The traffic safety and bridge lights operate approximately 12 hours per day, 365 days a year. The annual electricity usage for the existing high pressure sodium street lights is estimated at 493,000 kWh. The installed induction lamps are 85 watt lamps compared to the high pressure sodium lamps, which use 200, 250, and 450 watt. The City considered both LED and induction lighting technologies; however, staff determined that the light dispersion quality, energy efficiency, and reliability of the induction lamps is preferable over the LED lamps. The annual electricity usage with the induction lamps is estimated at 180,000 kWh. Replacing the high pressure sodium lights with higher efficient induction lighting technology will reduce energy use and save the City operational and maintenance costs. The Traffic Safety and Bridge Light Retrofit Project used approximately $305,000 of EECBG funds. The annual savings as a result of the implementation of this project is estimated to be 313,000 kWh in electricity usage and $66,000. The Traffic Safety and Bridge Light Retrofit Project, PW12-08 is budgeted within the City's Capital Improvement Program Fiscal Years 2013-17 and is funded with Energy Efficiency and Conservation Block Grant for the purchase of the lights and General Funds for their installation. The cost to purchase the lights was $143,819.64. The cost of installation was $28,618.58, for a total project cost of $172,438.22. FISCAL IMPACT: There is no fiscal impact as a result of the acceptance of the project and filing the Notice of Completion. ATTACHMENTS: 1. Notice of Completion 2. Contractor's Affidavit and Final Release Form RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 41000 Main Street Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. 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 Republic ITS, Inc. to perform the following work of improvement: Traffic Safety and Bridge Light Retrofit Project, PW 12-08 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 February 12, 2013. 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: Traffic Safety and Bridge Light Retrofit Project, PW 12-08 6. The location of said property is: Citywide, Temecula, California. Dated at Temecula, California, this 12th day of February, 2013 of Council Meeting City of Temecula Susan W. Jones M MC, City Clerk C:1Program Files (x86)Weevia.Com \Document Converter\temp13280.doc Form STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 1, Susan W. Jones M MC, City Clerk of the City of Temecula, California and 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 February, 2013 of Council Meeting. City of Temecula Susan W. Jones MMC, City Clerk C:1Program Files (x86)Weevia.Com \Document Converter\temp13280.doc Form CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE TRAFFIC SAFETY AND BRIDGE LIGHT RETROFIT PROJECT NO, PW92-08 This is to certify that,5XXMENC , (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 it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as TRAFFIC SAFETY AND BRIDGE LIGHT RETROFIT, PROJECT NO. PW12-08, situated in the City of Temecula, State of California, more particularly described as follows: V Pk got)S OC Ail S N11141 .1 C: -T INSERT 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: geescription Dollar A oun to Dispute Pursuant to Public Contract Code §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: z Z 1 11 By: RELEASE Print Name and Title R-1 Item No. 14 Approvals City Attorney Chief Financial Officer City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: February 12, 2013 SUBJECT: Reject all Construction Bids for the Community Recreation Center Ornamental Picket Fence Replacement, PW12-21 PREPARED BY: Avlin R. Odviar, Senior Engineer — CIP William Becerra, Associate Engineer — CIP RECOMMENDATION: 1. Reject all Construction Bids for the Community Recreation Center Ornamental Picket Fence Replacement, PW 12-21; 2. Authorize the Department of Public Works to re -advertise the Community Recreation Center Ornamental Picket Fence Replacement, PW12-21 for Construction Bids. BACKGROUND: The Community Recreation Center Ornamental Picket Fence Replacement, Project No. PW12-21 is included in the City Facilities Rehabilitation program. This project will replace the existing fence with ornamental fence and gates throughout the Community Recreation Center property which includes the swimming pool area, amphitheater, and parking lot. An additive bid allows for new fence and gates along the adjacent drainage channel to the south of the property. On Tuesday, January 17, 2013, seven bids were electronically opened and publicly posted on the City's on-line bidding service, PlanetBids. The results were as follows: 1. Moore Fence Company Inc $230,453.50 Lightning Fence Non-responsive Team West Contracting Non-responsive Westbrook Fence Inc. Non-responsive Alcorn Fence Non-responsive FenceCorp Non-responsive Bull Fence Inc. Non-responsive Staff has deemed the bids submitted by Lightning Fence, Team West Contracting, Westbrook Fence Inc., Alcorn Fence, FenceCorp, and Bull Fence Inc. as non-responsive because the City did not receive the documents and/or original bid bond within the 24-hour period as required by the Project Specifications, "Notice Inviting Bids," Section 7, "Instructions to Bidders," Section 2, and "Proposal," Item No. "i." Staff has reviewed the one responsive bid submitted by Moore Fence Company Inc. The total bid amount is $230,453.50 which is greater than the Engineer's Estimate of $143,000. After careful consideration, staff recommends the rejection of the bid and to re -advertise the Project for public bid. Staff has revisited the overall scope of work and adjusted the Engineer's Estimate to $177,000 which includes a base bid of $157,000 and an additive bid of $20,000. This estimate reflects up to date costs of materials and labor. FISCAL IMPACT: The Community Recreation Center Ornamental Picket Fence Replacement, Project No. PW12-21 is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2013-2017 as part of the City Facilities Rehabilitation program and is funded with Capital Project Reserves. Adequate funds are available in the project account to construct this project. ATTACHMENTS: 1. Project Description 2. Location Map Lt/, CALIFORNIA CITY FACILITIES REHABILITATION Infrastructure / Other Project Project Description: This project facilitates rehabilitation projects at City owned and operated facilities such as the City Hall, Civic Center, Community Recreation Center, Field Operations Center, Escallier House & Barn, Harveston Center, Mary Phillips Senior Center, Mercantile Building, Old Town Parking Garage, Old Town Sixth Street Parking Lot, S.A.F.E., Temecula Children's Museum, Temecula Community Center, Temecula Public Library, Temecula Valley Museum, Temecula Wedding Chapel, Pool and Locker Room at Temecula Elementary School, and Maintenance Facility. The rehabilitation could include, but not limited to, parking lot rehabilitation and light replacements, heating ventilation and air conditioner (HVAC) upgrades, roof repairs, carpet replacement, cabinet re-facing/replacement, re -stucco, concrete repairs, and replacement of fences. Benefit 1 Core Value: This project minimizes emergency repair costs, prolongs the service life of facilities, and upgrades aging facility components. In addition, this project satisfies the City's Core Values of Healthy and Livable City and A Safe and Prepared Community. Protect Status: A priority list of rehabilitation projects has been developed. Rehabilitation of projects are completed on an ongoing basis. Department: Public Works -Account No. 210.165.701 Level: 11 Project Cost: Actuals to Date 2012-13 2013-14 2014-15 2015-16 2016-17 Future Total Years Protect Cost Administration $ 75,000 $ 75,000 $ 75,000 $ 75,000 $ 75,000 $ 75,000 $ 450,000 Construction $375,000 $375,000 $375,000 $375,000 $375,000 $375,000 $ 2,250,000 Design $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 300,000 Totals $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $ - $ 3,000,000 Actuals Future Total Source of Funds: to Date 2012-13 2013-14 2014-15 2015-16 2016-17 Years Project Cost Capital Project Reserves $500,000 $500,000 $500,000 $ 1,500,000 Unspecified* $500,000 $500,000 $500,000 $ 1,500,000 Total Funding: $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $ - $ 3,000,000 Future Operation & Maintenance Costs 2012-13 2013-14 2014-15 2015-16 2016-17 1 1 1 *Project cannot be constructed until a funding source is identified. 83 N/A EXIHIBIT B` B-2 PW12-21 CRC Omamental Picket Fence Replacement Spec Book Item No. 15 Approvals City Attorney Chief Financial Officer City Manager M-r- GoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: February 12, 2013 SUBJECT: Approval of Plans and Specifications and Authorization to Solicit Construction Bids for the Pechanga Parkway Environmental Mitigation Project, PW11-01 PREPARED BY: Amer Attar, Principal Engineer William Becerra, Associate Engineer- CIP RECOMMENDATION: Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Pechanga Parkway Environmental Mitigation Project, PW11-01 BACKGROUND: The Pechanga Parkway Environmental Mitigation Project will provide the design, construction, and implementation of an environmental mitigation site required as a result of the Pechanga Parkway Phase 11 Improvements Project that was accepted by City Council on March 23, 2010. As part of the original street improvement project, environmental agencies required implementation of a 3.4 acre mitigation site for temporary and permanent impacts to riparian and wetland habitat located within Wolf Valley Creek Channel. Mitigation will consist of developing the 3.4 acre site into a sustainable riparian habitat. Non- native plant species will be eradicated while native plant species typical of the riparian habitat types that currently occur in the project vicinity will be installed. An above -ground irrigation system will be constructed and signs will be posted to identify the area as a habitat restoration site. This work will provide the necessary environmental mitigation area to satisfy environmental agencies requirements. The proposed mitigation site is located on a City owned parcel adjacent to Pechanga Parkway and Temecula Parkway. 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 $260,000. FISCAL IMPACT: The Pechanga Parkway Environmental Mitigation Project, PW11- 01 is a Capital Improvement Project funded by the Wolf Creek Community Facilities District (CFD). Sufficient funds are available in the project account to construct this project. ATTACHMENTS: 1. Mitigation Site 2. Project Description 3. Location Map MMM3ii=7ZTIFINIfOralTVOIT371IlltrkIff71777 • Least Bell's Vireo Observation (2011) — 1 j Pechanga Mitigation Site (3.40 Acres) French Valley Mitigation Site (2.73 Acres) Parcel Number J Parcel No. 961440007 J Parcel No. 961440012 Mitigation Site Location Exhibit 1 Pechanga Parkway Habitat Mitigation and Monitoring Plan 200 100 0 200 Feet mof CONSIJLTING (R ev8/812012 JAZ) Projects1Ternecula1J0071Graphics41NIMP1Exl_mligationsde.pdf Clic/ 0/ e/eat/z CALIFORNIA PECHANGA PARKWAY ENVIRONMENTAL MITIGATION Infrastructure / Other Project Project Description: This project includes the design, construction, and implementation of an environmental mitigation site required for the Pechanga Parkway Project, including acquisition and planting of the mitigation site in Temecula Creek. In addition, this project provides water to plant material and monitoring the mitigation site for five years. Benefit 1 Core Value: This project increases environmental mitigation areas. In addition, this project satisfies the City's Core Value of A Sustainable City. Protect Status: The design and construction of new wetlands will be complete by end of fiscal year 2013. Upon the approval of the resource agencies, the maintenance of the created area is estimated to be completed by end of fiscal year 2017. Department: Public Works -Account No. 210.165.516 Level: I Project Cost: Actuals to Date 2012-13 2013-14 2014-15 2015-16 2016-17 Future Total Years Project Cost Administration $ 59,495 $ 42,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 109,495 Acquisition $ 20,442 $ 5,000 $ 22,000 $ 22,000 $ 22,000 $ 22,000 $ - $ 25,442 Construction $410,000 $ 410,000 Construction Engineering $ 15,000 $ 15,000 Design $ 30,000 $ 30,000 Enhironmental $ 510 $ 79,907 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 160,417 MSHCP $ 20,500 $ 20,500 Totals $ 80,447 $602,407 $ 22,000 $ 22,000 $ 22,000 $ 22,000 $ - $ 770,854 Actuals Future Total Source of Funds: to Date 2012-13 2013-14 2014-15 2015-16 2016-17 Years Project Cost CFD {wolf Creek) $ 80,447 $602,407 $ 22,000 $ 22,000 $ 22,000 $ 22,000 $ 770,854 Total Funding: $ 80,447 $602,407 $ 22,000 $ 22,000 $ 22,000 $ 22,000 $ - $ 770,854 Future Operation 8 Maintenance Costs: 2012-13 2013-14 201415 2015-16 2016-17 N/A 109 PECHANGA PARKWAY ENVIRONMENTAL MITIGATION Infrastructure / Other Project Location Aerial Data - March 2010 0 300 600 Feet 1,200 108 Item No. 16 Approvals City Attorney Chief Financial Officer City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: February 12, 2013 SUBJECT: Roripaugh Ranch Project - Assignment of TUMF Credit Agreement RECOMMENDATION: Approve the Assignment of and Consent to Assignment of Contracts agreement between Sunwood Roripaugh Ranch, LLC, Roripaugh Temecula 113, and the City of Temecula. BACKGROUND: The City and other parties entered into (i) the Roripaugh Ranch Project Transportation Uniform Mitigation Fee Program Improvement and Credit Agreement dated February 28, 2006 and (ii) the Reimbursement Agreement Transportation Uniform Mitigation Fee Program dated March 23, 2006 ("collectively, the "TUMF Contracts"). The TUMF Contracts provide that the TUMF Improvements would be constructed in accordance with the "Acquisition Agreement by and between the Temecula Public Financing Authority and Ashby USA, LLC," dated February 18, 2006, ("Acquisition Agreement"). The Acquisition Agreement was amended by that certain agreement entitled "Amended and Restated Acquisition Agreement by and between the Temecula Public Financing Authority and Ashby, USA, LLC" dated July 21, 2009. The TUMF Contracts relate to the development and/or operation of a real estate development located in the City of Temecula, Riverside County known as "Roripaugh Ranch," envisioned as an approximately 800 -acre master - planned community. Sunwood Roripaugh Ranch, LLC (Sunwood) acquired Roripaugh Ranch Planning Area 4B, Lot 7 of Tract 29353-1 ("Lot 7 Tract 29353-1"), a portion of the Roripaugh Ranch from US Bank, the successor in interest to the rights of Ashby USA, LLC. Sunwood has sold its interest in Lot 7 Tract 29353-1 to Roripaugh Temecula 113 (Roripaugh Temecula) as of December 28, 2012 and in connection therewith wishes to assign its interest in the TUMF Contracts to Roripaugh Temecula. The terms of the TUMF Contracts require that the City provide consent to the assignment of the TUMF Contracts to an Assignee. The subject Agreement is the legal mechanism that provides the City's consent and documents the assignment. FISCAL IMPACT: None ATTACHMENTS: 1. TUMF Credit Agreement 2. Agreement Exhibit "A" Sunwood Grant Deed 3. Agreement Exhibit "B" Roripaugh Temecula 113 Grant Deed Final: January 29, 2012 ASSIGNMENT OF AND CONSENT TO ASSIGNMENT OF CONTRACTS This ASSIGNMENT OF AND CONSENT TO ASSIGNMENT OF CONTRACTS ("Assignment") dated as of February 12, 2013, is entered into by and between SUNWOOD RORIPAUGH RANCH, LLC, a Delaware limited liability company ("Assignor"), RORIPAUGH TEMECULA 113, a California limited liability company ("Assignee"), and the CITY OF TEMECULA, a municipal corporation ("City"), with respect to the following facts that are acknowledged as true and correct by the parties: RECITALS WHEREAS, the City and other parties entered into (i) that certain Roripaugh Ranch Project Transportation Uniform Mitigation Fee Program Improvement and Credit Agreement dated as of February 28, 2006 and (ii) that certain Reimbursement Agreement Transportation Uniform Mitigation Fee Program dated as of March 23, 2006 ("collectively, the "TUMF Contracts"); and WHERAS, the TUMF Contracts provide that the TUMF Improvements would be constructed in accordance with that certain agreement entitled "Acquisition Agreement by and between the Temecula Public Financing Authority and Ashby USA, LLC," dated as of February 18, 2006, as such agreement existed as of the date of the Agreement, February 18, 2006 ("Acquisition Agreement"), or as may hereafter be amended by the applicable parties; and WHEREAS, the Acquisition Agreement was amended by that certain agreement entitled "Amended and Restated Acquisition Agreement by and between the Temecula Public Financing Authority and Ashby, USA, LLC" dated as of July 21, 2009; and WHEREAS, the TUMF Contracts relate to the development and/or operation of a real estate development located in the City of Temecula, Riverside County known as "Roripaugh Ranch," envisioned as an approximately 800 -acre master -planned community,. and WHEREAS, Assignor warrants and represents to the City that US Bank is the successor in interest to the rights of Ashby USA, LLC, (one of the original parties to the TUMF Contracts) under the TUMF Contracts with respect to Roripaugh Ranch Planning Area 4B, Lot 7 of Tract 29353-1 ("Lot 7 Tract 29353-1"); and WHEREAS, Assignor warrants and represents to the City that Assignor acquired Lot 7 Tract 29353 -land all right, title, and interest of US Bank therein, as evidenced by the Grant Deed recorded April 15, 2009 as Document No. 0183659, a copy of which is attached as Exhibit A hereto and that Assignor has the legal capacity to enter into this Agreement; and, WHEREAS, Assignee warrants and represents to the City that Assignee acquired Lot 7 Tract 29353 -land all right, title, and interest, as evidenced by the Grant Deed recorded December 28, 2012 as Document No. 0633430, a copy of which is attached as Exhibit B hereto and that Assignee owns fee title to the Property and has the legal capacity to enter into this Agreement; and, 1 Final: January 29, 2013 WHEREAS, Assignor, as prior owner of Lot 7 Tract 29353-1, has sold Lot 7 Tract 29353-1 to Assignee and in connection therewith wishes to assign its interest in the TUMF Contracts to Assignee; and, WHEREAS, the terms of the TUMF Contracts require that the City provide consent to the assignment of the TUMF Contracts to Assignee. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee hereby agree as follows: 1. Assignment of Contract. Assignor hereby sells, assigns, grants, transfers and conveys to Assignee all of Assignor's rights, title, and interest of Assignor under the TUMF Contracts with respect to Lot 7 Tract 29353-1. This assignment is a present, complete and absolute assignment and is not intended as security of any kind. 2. Acceptance of Assignment and Promise to Perform. Assignee hereby accepts the foregoing grant and assignment from Assignor and agrees to perform all of Assignor's obligations under the TUMF Contracts that arise or accrue from and after the date of this Assignment. 3. Consent to Assignment. The City of Temecula hereby consents to the foregoing grant and assignment from Assignor to Assignee, insofar as such consent may be required under the TUMF Contracts. 4. Effective Date. This Assignment will be effective as of the date that (i) a grant deed conveying title to Lot 7 Tract 29353-1to Assignee has been recorded in the Official Records of the Riverside County Recorder and (ii) the City has executed this Agreement. 5. Entire Agreement. This Agreement contains the entire understanding between the parties relating to the assignment of the TUMF Contracts with respect to Lot 7 Tract 29353-1. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, concerning the assignment of the TUMF Contracts with respect to Lot 7 Tract 29353-1 are merged into this Agreement and shall be of no further force and effect except for those agreements concerning the Roripaugh Ranch Projects described in Exhibit C, attached hereto and incorporated herein by this reference, and the "Fifth Operating Memorandum to the Recorded Development Agreement between City of Temecula and Ashby USA, LLC" dated as of October 26, 2010 and the "Sixth Operating Memorandum to the Recorded Development Agreement between City of Temecula and Ashby USA, LLC", dated as of January 25, 2011. 6. Authority to Enter into Agreement. Assignor and Assignee each individually warrant and represent to the City that all persons, including without limitation, lenders, who may have some interest with respect to or in Lot 7 Tract 29353-lhave approved this Agreement as may be required by applicable law or agreements, and that by entering into this Agreement neither Assignor nor Assignee is in violation of or breach of any other agreement to which such Assignor or Assignee may be a party. 2 1106454.2 Final: January 29, 2013 7. Signature Authority. Each person signing on behalf of a party to this Agreement warrants and represents to the other parties that he or she has the legal power, right and authority to execute this Agreement on behalf of the party and to bind said party. 8. Counterparts. This Assignment may be executed in counterparts, each of which shall be deemed an original and all of which together will constitute one instrument. 9. Governing Law. This Assignment shall be governed by the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Consent as of the date first stated above. [SIGNATURE PAGES FOLLOW] 2 1106454.2 Final: January 29, 2012 ASSIGNOR: Sunwood Roripaugh Ranch LLC a Delaware limited liability company By: Sunwood and Associates, LLC a Delaware limited liability company, Its: Manager By: Its: Executive Vice President By: Its: Executive Vice President ASSIGNEE: Roripaugh Temecula 113, LLC a California limited liability company By: Van Daele Homes, LLC a California limited liability company Its: Managing Member By: Its: 4 CITY OF TEMECULA A municipal corporation Mike Naggar Mayor, City of Temecula Attest: Susan W. Jones, MMC City Clerk Approved as to form: Peter M. Thorson City Attorney DB 1106454.2 EXHIBIT A GRANT DEED Sunwood Acquisition 1106454.2 EXHIBIT B GRANT DEED Sunwood Sale to Roripaugh 113, LLC 1106454.2 EXHIBIT C AGREEMENTS DESCRIBED IN PARAGRAPH 5 1106454.2 Contracts/Agreements List Contracts with City of Temecula 1. Development Agreement between City of Temecula and Ashby USA, LLC, dated as of December 17, 2002. 2. First Operating Memorandum to the Recorded Development Agreement between City of Temecula and Ashby USA, LLC (Roripaugh Ranch Project), dated as of October 21, 2004. 3. First Amendment to Development Agreement between City of Temecula and Ashby USA, LLC (Roripaugh Ranch Specific Plan), dated as of February 14, 2006. 4. Second Operating Memorandum to the Recorded Development Agreement between City of Temecula and Ashby USA, LLC (Roripaugh Ranch Project), dated as of March 21, 2006. 5. Third Operating Memorandum to the Recorded Development Agreement between City of Temecula and Ashby USA, LLC (Roripaugh Ranch Project), dated as of August 31, 2006. 6. Fourth Operating Memorandum to the Recorded Development Agreement between City of Temecula and Ashby USA, LLC (Roripaugh Ranch Project), dated as of March 6, 2007. 7. Agreement to Defer Completions of Conditions of Approval Until After Recordation Final Map for Tract 29353-2 Roripaugh Ranch Specific Plan between the City of Temecula and Ashby USA, LLC, dated as of September 23, 2003. 8. First Amendment to Agreement to Defer Completion of Conditions of Approval Until after Recordation of Final Map for Tract 29353-2 (Roripaugh Ranch Specific Plan), dated as of June 28, 2005. 9. Joint Community Facilities Agreement (Flood Control Improvements) by and among Riverside County Flood Control and Water Conservation District, County of Riverside, City of Temecula, Temecula Public Financing Authority and Ashby USA, LLC, dated as of November 1, 2004. 10. Joint Community Facilities Agreement (Street Improvements) by and among County of Riverside and City of Temecula and Temecula Public Financing Authority and Ashby USA, LLC, dated as of November 1, 2004. 11. Joint Community Facilities Agreement by and among the Temecula Public Financing Authority and Ashby USA, LLC and Eastern Municipal Water District, dated as of January 1, 2005. 12. Joint Community Facilities Agreement City Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch), dated as of January 1, 2005. 1106454.2 13. Joint Community Facilities Agreement City, Amended and Restated 14. Agreement between the City of Temecula and Ashby USA LLC for the Acquisition of Certain Property for Public Rights of Way in connection with the Roripaugh Ranch Project, dated as of August 23, 2005. 15. Subdivision Improvement Agreement (Recorded Instrument No. 2003-779101). 16. Subdivision Improvement Agreement (Recorded Instrument No. 2003-779102). 17. Subdivision Improvement Agreement (Recorded Instrument No. 2003-779103). 18. Subdivision Improvement Agreement (Recorded Instrument No. 2006-322168). 19. Subdivision Monument Agreement (Recorded Instrument No. 2003-779104). 20. Subdivision Monument Agreement (Recorded Instrument No. 2006-322167). 21. License Agreement Between the City of Temecula and Ashby USA, LLC for Access to Fire Station Property, dated as of December 29, 2004. 22. Amended and Restated Deposit/Reimbursement Agreement by and among the City of Temecula, the Temecula Public Financing Authority for itself and on `behalf of the proposed TPFA Community Facilities District No. 03-02 (Roripaugh Ranch), Ashby USA, LLC, and Calloway 220, LLC, dated as of March 29, 2004. 23. Roripaugh Ranch Project Transportation Uniform Mitigation Fee Program Improvement and Credit Agreement by and between the City of Temecula, Ashby USA, LLC, Davidson Roripaugh Ranch 122, LLC, Tanamera/Roripaugh, LLC, Tanamera/Roripaugh II, LLC, Traditions at Roripaugh and Western Riverside County Council of Governments, dated as of February 28, 2006. 24. TUMF Reimbursement Agreement, dated as of March 23, 2006. Contracts with Temecula Public Financing Authority 1. Joint Community Facilities Agreement (Flood Control Improvements) by and among Riverside County Flood Control and Water Conservation District, County of Riverside, City of Temecula, Temecula Public Financing Authority and Ashby USA, LLC, dated as of November 1, 2004. 2. Joint Community Facilities Agreement (Street Improvements) by and among County of Riverside and City of Temecula and Temecula Public Financing Authority and Ashby USA, LLC, dated as of November 1, 2004. 3. Joint Community Facilities Agreement by and among the Temecula Public 4. Financing Authority and Ashby USA, LLC and Eastern Municipal Water District, dated as of January 1, 2005. 1106454.2 5. Joint Community Facilities Agreement City Temecula Public Financing 6. Authority Community Facilities District No. 03-02 (Roripaugh Ranch), dated as of January 1, 2005. 7. Joint Community Facilities Agreement City, Amended and Restated 8. Joint Community Facilities Agreement TCSD Temecula Public Financing 9. Authority Community Facilities District No. 03-02 (Roripaugh Ranch), dated as of January 1, 2005. 10. Amended and Restated Acquisition Agreement by and between the Temecula 11. Public Financing Authority and Ashby USA, LLC, dated as of July 21, 2009. 12. Fiscal Agent Agreement by and between Temecula Public Financing Authority and U.S. Bank National Association, dated as of March 1, 2006. 13. Fiscal Agent Agreement Supplemental Agreement #1 14. Continuing Disclosure Agreement by and between Temecula Public Financing 15. Authority and U.S. Bank National Association, as disseminating agent, dated as of March 1, 2006. 16. Amended and Restated Deposit/Reimbursement Agreement by and among the 17. City of Temecula, the Temecula Public Financing Authority for itself and on behalf of the proposed TPFA Community Facilities District No. 03-02 (Roripaugh Ranch), Ashby USA, LLC, and Calloway 220, LLC, dated as of March 29, 2004. 18. Assessment Lien Discharge Escrow Agreement by and between Temecula Public 19. Financing Authority and Ashby USA, LLC, dated as of March 23, 2006. Contracts with Temecula Community Services District 1. Joint Community Facilities Agreement TCSD Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch), dated as of January 1, 2005. Contracts with Riverside County Flood Control and Water Conservation District 1. Joint Community Facilities Agreement (Flood Control Improvements) by and among Riverside County Flood Control and Water Conservation District, County of Riverside, City of Temecula, Temecula Public Financing Authority and Ashby USA, LLC, dated as of November 1, 2004. 1106454.2 Contracts with County of Riverside 1. Joint Community Facilities Agreement (Flood Control Improvements) by and among Riverside County Flood Control and Water Conservation District, County of Riverside, City of Temecula, Temecula Public Financing Authority and Ashby USA, LLC, dated as of November 1, 2004. 2. Joint Community Facilities Agreement (Street Improvements) by and among County of Riverside and City of Temecula and Temecula Public Financing Authority and Ashby USA, LLC, dated as of November 1, 2004. 1106454.2 A4'wytits . Tiede WHEN RECORDED MAIL TO AND MAIL TAX STATEMENTS TO: Sunwood Roripaugh Ranch LLC 2600 Laning Road San Diego, CA 92106 Attn: Donald R. Faye /111.3/.367- 9 Tin Uo-i- 5 h ad„,Y1 (Space above th (4i # 0177A1-1 In accordance with Section 11932 of the California Revenue and Taxation Code, Grantor has declared the amount of transfer tax which is due by a separate statement that is not being recorded with this Grant Deed. DOC # 2009-0183659 04/15/2009 08:00A Fee:15.00 Page 1 of 3 Doc T Tax Paid Recorded in Official Records County of Riverside Larry U. Ward Assessor, County Clerk & Recorder 111111111111111111111111111111111111111 I I 111111 I I I 11111 S R U PA�GEEJ SIZE DA MISC LONG RFD COPY A L 465 426 PCO NCOR SMF NCHG EXAM VCfVL T:t3 Cly' UNI GRANT DEED FOR VALUE RECEIVED, U.S. BANK NATIONAL ASSOCIATION ("Grantor"), hereby grants to SUNWOOD RORIPAUGH RANCH LLC, a Delaware limited liability company ("Grantee") that certain real property (the "Property") situated in the City of Temecula, County of Riverside, State of California, described in Exhibit A attached hereto and incorporated by reference. THE PROPERTY IS CONVEYED TO GRANTEE SUBJECT TO: A. All liens, encumbrances, easements, covenants, conditions and restrictions, whether on- or off -record; B. All matters which would be revealed or disclosed in an accurate survey of the ' Property; and C. Liens for taxes and assessments on real property not yet delinquent, and liens for any general or special assessments of record against the Property not yet delinquent. IN WITNESS WHEREOF, the undersigned Grantor has executed this Grant Deed as of April Jt\ 2009 U.S. BAN • TIONAL ASSOCIATION By: Name: Its: )5 - DOCUMENT TRANSFER TAX $ Not A R6 ice &G..-(1 —COMPUTED ON FULL VALUE OF PROPERTY CONVEYED — 'OR COMPUTED ON FULL VALUE LESS LIENS AND ENCUMBRANCES REMAINING AT TIME OF SALE mining Signature of Dedaran rmining lax. Rrm Name 6E0 1 STATE OF MINNESOTA COUNTY OF r•t2>1 p',F� ) ss. On Y , i 1 2009, before me, xcruAck k.NctSS a Notary Public, p rsonally appeared ---)\.c\eos—. f . TN\\.12,05 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. WITNESS my hand and official seal. SignatuOCL (Seal) 4 PAMELA L VOSS 0 4 k( % Notary Public I 4 "y Minnesota o 4 My Cammision Ezpies January 31, 2010 11 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY All that certain real property situated in the County of Riverside, State of California, described as follows: Lot 7 of Tract No. 29353-1, in the City of Temecula, as shown on map recorded in Book 334, Pages 21 to 24 inclusive of Maps, in the office of the County Recorder of said County. Assessor's Parcel Number 957-340-054-3 14,1 -".•714( RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO -11 Sunwood Roripaugh Ranch LLC 2600 Laning Road San Diego, CA 92106 Attn: Donald R. Faye //tl3/j6 ) DOC it 2009-0183658 04/15/2009 08:00A Fee:47.00 Page 1 of 7 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder 11 mi 110 [1011 ilii ilii S` R U PAGE SIZE DA MISC LONG RFD COPY 0 M A L 465 426 PCOR NCO SMF NCHG EXAM IT: CTY UNI SPACE ABOVE THIS LINE FOR RECORDER'S USE oLO No Consideration RECEIVER'S DEED t . r Signature of Declarant or Ag,:i errniiiing Firm Name �. (Deed without Covenant, Representation, or Warranty) STATE OF MINNESOTA COUNTY OF HENNEPIN RECITALS: WHEREAS, on November 21, 2008, Downey Savings and Loan Association, F.A. ("Downey") was closed by the Office of Thrift Supervision (the "OTS") and the Federal Deposit Insurance Corporation (the "FDIC") was appointed as receiver for Downey (the "Receiver"); and WHEREAS, pursuant to 12 U.S.C. § 1821(d)(2)(A)(i), the Receiver, by operation of law, succeeded to all of the rights, title, and interests of Downey in and to the assets of Downey, including, without limitation, the Subject Property (hereinafter defined); and WHEREAS, upon the appointment of the Receiver, the OTS agreed to transfer title of certain assets of Downey to U.S. Bank National Association ("U.S. Bank"); WHEREAS, certain assets have not yet been transferred of record, and the Receiver has given to U.S. Bank a Power of Attorney granting the authority to convey such assets. NOW, THEREFORE, the Receiver (herein referred to as "Grantor"), whose address is 1601 Bryan Street, Dallas, Texas 75201 in consideration of the sum of TEN DOLLARS ( $10.00 and no/100 dollars) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, by these presents does hereby GRANT, SELL and CONVEY to U.S. Bank (herein referred to as "Grantee") without covenant, representation, or warranty of any kind or nature, express or implied, and any and all warranties that might arise by common law and any warranties created by statute, as the same may be hereafter amended or superseded, are excluded, all of Grantor's right, title and interest in that certain real property situated in Riverside County, California, described on Exhibit "A" attached hereto and made a part hereof for all -1- purposes, together with all of Grantor's right, title and interest in any and all improvements and fixtures thereon and thereto (hereinafter collectively referred to as the "Subject Property"), and all and singular the rights and appurtenances pertaining thereto, including, but not limited to, any right, title and interest of Grantor in and to adjacent streets, alleys or rights-of-way, subject however to all liens, exceptions, easements, rights-of-way, covenants, conditions, restrictions, reservations, encroachments, protrusions, shortages in area, boundary disputes and discrepancies, matters which could be discovered or would be revealed by, respectively, an inspection or current survey of the Subject Property, encumbrances, impositions (monetary and otherwise), access limitations, licenses, leases, prescriptive rights, rights of parties in possession, rights of tenants, co -tenants, or other co-owners, and any and all other matters or conditions affecting the Subject Property, as well as standby fees, real estate taxes, and assessments on the Subject Property for the current year and prior and subsequent years, and subsequent taxes and assessments for prior years due to change in land usage or ownership, and any and all zoning laws, regulations, and ordinances of municipal and other governmental authorities affecting the Subject Property (all of the foregoing being collectively referred to as the "Permitted Encumbrances"). Grantee, by its acceptance of delivery of this Receiver's Deed, assumes and agrees to perform all of Grantor's obligations under the Permitted Encumbrances. FURTHER, GRANTEE, BY ITS ACCEPTANCE OF DELIVERY OF THIS RECEIVER'S DEED, ACKNOWLEDGES AND AGREES THAT: (i) GRANTOR HAS NOT MADE, DOES NOT MAKE, AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS, OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT, OR FUTURE, OF, AS TO, CONCERNING, OR WITH RESPECT TO (A) THE VALUE, NATURE, QUALITY, OR CONDITION OF THE SUBJECT PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL, AND GEOLOGY, (B) THE INCOME TO BE DERIVED FROM THE SUBJECT PROPERTY, (C) THE SUITABILITY OF THE SUBJECT PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH GRANTEE MAY CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE SUBJECT PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES, OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE OWNERSHIP, TITLE, POSSESSION, HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SUBJECT PROPERTY, (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE SUBJECT PROPERTY, (G) THE MANNER, QUALITY, STATE OF REPAIR, OR LACK OF REPAIR OF THE SUBJECT PROPERTY OR ANY PORTION THEREOF OR ANY IMPROVEMENTS THERETO, (H) THE EXISTENCE, QUALITY, NATURE, ADEQUACY, OR PHYSICAL CONDITION OF ANY UTILITIES SERVING THE SUBJECT PROPERTY, OR (I) ANY OTHER MATTER WITH RESPECT TO THE SUBJECT PROPERTY, AND SPECIFICALLY, THAT GRANTOR HAS NOT MADE, DOES NOT MAKE, AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDING COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION, OR LAND USE LAWS, RULES, REGULATIONS, ORDERS, OR REQUIREMENTS, INCLUDING, WITHOUT LIMITATION, THE DISPOSAL OR EXISTENCE, IN OR ON THE SUBJECT PROPERTY, OF ANY HAZARDOUS MATERIALS; (ii) GRANTEE HAS FULLY INSPECTED THE SUBJECT PROPERTY AND -2- THAT THE CONVEYANCE AND DELIVERY HEREUNDER OF THE SUBJECT PROPERTY IS "AS IS" AND "WITH ALL FAULTS", AND GRANTOR HAS NO OBLIGATION TO ALTER, REPAIR, OR IMPROVE THE SUBJECT PROPERTY OR ANY PORTION THEREOF OR ANY IMPROVEMENTS THERETO; AND (iii) NO WARRANTY HAS ARISEN THROUGH TRADE, CUSTOM, OR COURSE OF DEALING WITH GRANTOR, AND ALL STATUTORY, COMMON LAW, AND CUSTOMARY COVENANTS AND WARRANTIES, IF ANY, OF WHATEVER KIND, CHARACTER, NATURE, PURPOSE, OR EFFECT, WHETHER EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW, ARE HEREBY EXPRESSLY, UNCONDITIONALLY, AND IRREVOCABLY WAIVED, DISCLAIMED, AND EXCLUDED FROM THIS RECEIVER'S DEED, NOTWITHSTANDING ANY CUSTOM OR PRACTICE TO THE CONTRARY, OR ANY STATUTORY, COMMON LAW, DECISIONAL, HISTORICAL, OR CUSTOMARY MEANING, IMPLICATION, SIGNIFICANCE, EFFECT, OR USE OF CONTRARY IMPORT OF ANY WORD, TERM, PHRASE OR PROVISION HEREIN. Further, by its acceptance of delivery of this Receiver's Deed, Grantee or anyone claiming by, through, or under Grantee, hereby fully releases Grantor, its employees, officers, directors, representatives, and agents from any and all claims, costs, losses, liabilities, damages, expenses, demands, actions, or causes of action that it may now have or hereafter acquire, whether direct or indirect, known or unknown, suspected or unsuspected, liquidated or contingent, arising from or related to the Subject Property in any manner whatsoever. This covenant releasing Grantor shall be a covenant running with the Subject Property and shall be binding upon Grantee, its successors and assigns. TO HAVE AND TO HOLD the Subject Property together with all and singular the rights and appurtenances thereto in any wise belonging, unto Grantee, its successors and assigns forever, without covenant, representation, or warranty whatsoever, subject, however, to the Permitted Encumbrances. The fact that certain encumbrances, limitations, or other matters or conditions may be mentioned, disclaimed, or excepted in any way herein, whether specifically or generally, and whether in the body hereof or any exhibit hereto, shall not be a covenant, representation, or warranty of Grantor as to any encumbrances, limitations, or any other matters or conditions not mentioned, disclaimed, or excepted. Notwithstanding anything herein to the contrary, however, nothing herein shall be construed or deemed as an admission by Grantor or Grantee to any third party of the existence, validity, enforceability, scope, or location of any encumbrances, limitations, or other matters or conditions mentioned, disclaimed, or excepted in any way herein, and nothing shall be construed or deemed as a waiver by Grantor or Grantee of its respective rights, if any, but without obligation, to challenge or enforce the existence, validity, enforceability, scope, or location of same against third parties. Grantee hereby assumes the payment of all ad valorem taxes, standby fees, and general and special assessments of whatever kind and character affecting the Subject Property which are due, or which may become due, for any tax year or assessment period prior or subsequent to the effective date of this Receiver's Deed, including, without limitation, taxes or assessments becoming due by reason of a change in usage or ownership, or both, of the Subject Property. -3- IN WITNESS WHEREOF, this Receiver's Deed is executed by Grantor and on the dates set forth below their respective signatures hereinbelow. WITNESSES: GRANTOR: L PR FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A. By: U.S. BANK NATIONAL ASSOCIATION Its Attorney -in -Fact B�: Karen J. anon Name: Associate General Counsel Title: Attorney -In -Fact Date: -4- fi( /0 ,2009 ACKNOWLEDGMENTS STATE OF MINNESOTA ) ) ss. COUNTY OF -110,1 1Lfl n The foregoing instrument was acknowledged before me this I, t day of , 2009, by Karen J. Canon, Associate General Counsel of U.S. Bank National Association, a national banking association, on behalf of the association as the Attorney -in -Fact for the Federal Deposit Insurance Corporation, as Receiver for Downey Savings and Loan Association, F.A. Cm, s /tittNOTARY PUBLIC -5- EXHIBIT "A" Legal Description All that certain real property situated in the County of Riverside, State of California, described as follows: Lot 7 of Tract No. 29353-1, in the City of Temecula, as shown on map recorded in Book 334, Pages 21 to 24 inclusive of Maps, in the office of the County Recorder of said County. Assessor's Parcel Number 957-340-054-3 -6- bi C --A >\,/ \-'cQJ \ c\z__ I certify under penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary Notary Identification Number County Where Bond Is Filed Date Commission Exp DATE: / / / 0'71 S, e t2) vQr SPL, Inc. as agent State of California County of On before me, personally appeared, who proved to me 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 I CERTIFY UNDER PENALTY OF PERJURY THAT THIS MATERIAL IS A TRUE COPY OF THE ORIGINAL MATERIAL CONTAINED IN THE DOCUMENT: DATE: / / SPL, Inc. as agent Signature Revised 3/6/08 R I UR 014 2 Penalties in I %kith 2008 ack R I doe 1 RECORDING REQUESTED EY FIDELITY NATIONAL TITLE ,23a /L 793 When Recorded Mail To and Mail Tax Statements To: Roripaugh Temecula 113, LLC Attention: Jeffrey M. Hack 2900 Adams Street Suite C-25 Riverside, CA 92504 DOC # 2012-0633430 12/28/2012 08:00 AM Fees: $21.00 Page 1 of 3 Doc T Tax Paid Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder **This document was electronically submitted to the County of Riverside for recording** Receipted by: MABRERA wig 6/3-0/7 f>f, 19s7- 50-054-3 SPACE ABOVE FOR RECORDER'S USE ONLY GRANT DEED In accordance with Section 11932 of the California Revenue and Taxation Code, Grantor has declared the amount of transfer tax which is due by a separate statement which is not being recorded with this Grant Deed. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Sunwood Roripaugh Ranch LLC, a Delaware limited liability company ("Grantor"), hereby grants to Roripaugh Temecula 113, LLC, a California limited liability company ("Grantee") the real property in the County of Riverside, State of California described on Schedule 1 attached hereto (the "Property"). MAIL TAX STATEMENTS AS DIRECTED ABOVE. This conveyance is subject to all matters of record affecting title. IN WITNESS WHEREOF, this instrument has been executed as of this 21st day of December, 2012 Sunwood Roripaugh Ranch LLC a Delaware limited liability company By: Sunwood and Associates, LLC a Delaware limited liability company, Its: ManaCQt er By: K Its: Exece Vice By: Its: Executive Vice Presid 1106922.1 DOC #2012-0633430 Page 2 of 3 12/28/2012 08:00 AM SCHEDULE 1 LEGAL DESCRIPTION OF PROPERTY All that certain real property situated in the County of Riverside, State of California, described as follows: Lot 7 of Tract No. 29353-1, in the City of Temecula, as shown on map recorded in Book 334, Pages 21 to 24 inclusive of Maps, in the office of the County Recorder of said County. Assessor's Parcel Number: 957-340-054-3 1 106922.1 DOC #2012-0633430 Page 3 of 3 12/28/2012 08:00 AM STATE OF CALIFORNIA COUNTY OF SAN DIEGO On December 21, 2012, before me, Claudia E. Wilson, Notary Public, personally appeared Donald R. Faye and Donald L. Knox, 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 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 off}cial seal. Signature eZtUdM, 6.4/44-0..J I I06922.1 (Seal) CLAUDIA E. WILSON commission No. 1874925 0 NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY Mh Comm. Expires December 26, 2013 Item No. 17 TEMECULA COMMUNITY SERVICES DISTRICT ACTION MINUTES of January 22, 2013 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:52 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS • Ernie White CSD CONSENT CALENDAR 12 Action Minutes — Approved Staff Recommendation (4-0-1, Director Washington absent) Director Edwards made the motion; it was seconded by Director Naggar; and electronic vote reflected approval with Director Washington absent. RECOMMENDATION: 12.1 Approve the action minutes of January 8, 2013. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:56 P.M., the Community Services District was formally adjourned to Tuesday, February 12, 2013, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] CSD Action Minutes 012213 1 Item No. 18 Approvals City Attorney Chief Financial Officer City Manager 0/-e-r-- TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Aaron Adams, Interim General Manager DATE: February 12, 2013 SUBJECT: Approval of Fiscal Year 2012-13 Mid -Year Budget Adjustments PREPARED BY: Heidi Schrader, Acting Chief Financial Officer David Bilby, Senior Debt Analyst RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. CSD 13- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 2012-13 ANNUAL OPERATING BUDGETS BACKGROUND: Each year a mid -year review is conducted of the Temecula Community Services District ("TCSD") operating budgets. The purpose of this review is to conduct an analysis of revenues and expenditures to ensure that the TCSD maintains a prudent and healthy fiscal position. Finance Department staff has performed an analysis of revenues. Additionally, TCSD staff has reviewed the operating budgets and has identified any material adjustments required. The mid -year budget review includes the TCSD City-wide Parks and Recreation Fund, five Service Level Funds, the Library Fund, and the Summer Youth Employment Program Fund. Activity in each of the funds is presented in accordance with the following schedules: • Summary of Revenues, Expenditures, and Fund Balances: Presents a summary of prior year and fiscal year 2012-13 to December 31, 2012 actual activity, as well as fiscal year 2012-13 current and revised budget amounts. Also included is a schedule of beginning and estimated ending fund balances based upon the proposed budget activity. • Revenue Detail: The projected total TCSD revenues reflect a total decrease of $534,237. These changes from the current budget estimate include: • General Operations: The net decrease in revenues of $21,108 is primarily due to a $20,000 reduction in reimbursements from CIP for Capital Improvement Project support from TCSD staff. • Senior Center: There is a net increase of $4,493 as a result of increased facility rental activity. Y Community Recreation Center: There is a net decrease of $13,094 which is mainly decreased facility rental activity due to an increase in the number of contract classes which use the same facilities. • Recreation: There is a net decrease of $11,144 as a result of a decline in Skate Park Revenue. This was due to a less than expected increase from the previous year which was anticipated as a result of adding scooters to the skate park. While attendance has increased, the admissions are primarily for residents who do not pay fees. • History Museum: There is an anticipated increase of $4,282 in museum admissions. • Aquatics: There is a $3,861 increase in revenue which is comprised primarily of non-resident swim fee revenues. Y Children's Museum: There is a net decrease of $44,066 primarily due to the Fifth Amendment to the Cooperation Agreement which transfers special events, birthday parties and Friday night events operations to the Friends of the Temecula Children's Museum. This is offset by operational savings. Y Cultural Arts: There is a decrease of $16,062 primarily as a result of decreasing the number of originally planned special events due to low attendance. • YMCA: There is a net decrease of $439,178 as a result of a delay in the purchase of the facility. Library: There is a net $7,225 decrease in revenues primarily due to a slight decrease in fines and fees revenues. Summer Youth Employment Proqram: There is a $5,000 increase representing a transfer in from the Mayor's Council discretionary budget which will be used to fund intern fellowships throughout the City. • EXPENDITURE DETAIL: A total decrease in TCSD expenditures of $444,926 is proposed. Following is a summary of all proposed expenditure adjustments: Y General Operations: A net decrease of $32,490 is primarily due to salary savings as a result of the promotion of the Executive Director of Community Services to Interim City Manager and the timing to refill the position. • Senior Center: An increase of $20,059 is due to a cost increase in the senior lunch program as the County is no longer funding the program. • Recreation: An increase of $31,081 is anticipated primarily due to an increase in the cost of special event staff required to support events. • Temecula Community Center: A decrease of $12,082 is due to savings in utility costs, as well as an anticipated early closure of the facility due to a planned Capital Improvement Program construction and renovation project. • Temecula History Museum: A net increase of $20,730 is the result of an increase in museum staff hours. • Aquatics: An increase of $38,709 is the result of an increase in the cost of Red Cross Training for Lifeguards, as well as seasonal staff costs. • Sports: An increase of $25,853 primarily as a result of adding two Park Monitor positions as part of an agreement with TVUSD to utilize school fields as part of the City Sports program. Community Theater: An increase of $39,566 is anticipated as a result of a new Dance Project Grant which is offset by revenue as well as an increase in theater staff costs. Y Cultural Arts: A decrease of $14,422 is due to reducing the number of originally planned special events with low turnout, as well as savings due to the promotion of the Executive Director of Community Services to Interim City Manager and the timing to refill the position. YMCA: A decrease of $569,030 as a result of a delay in the purchase of the facility. Library: A decrease of $5,320 is primarily due to savings in the Library contract with the County of Riverside. Summer Youth Employment Program: There is a $9,980 increase which will be used to fund intern fellowships throughout the City. FISCAL IMPACT: The proposed mid -year adjustments will result in an additional decrease in fund balance of $89,311 bringing the TCSD total projected fund balances to $1,652,929 at June 30, 2013. ATTACHMENTS: 1. Resolution No. CSD 13- 2. Temecula Community Services District Fiscal Year 2012-13 Mid -Year Budget RESOLUTION NO. CSD 13- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 2012-13 ANNUAL OPERATING BUDGETS THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The purpose of this review is to conduct an analysis of revenues and expenditures to ensure that the Temecula Community Services District (TCSD) maintains a prudent and healthy fiscal position. Section 2. That each year a mid -year review is conducted of all Temecula Community Services (TCSD) operating budgets. Section 3. That the mid -year review has been completed and the recommended adjustments are reflected in the schedules attached hereto at Exhibit A. Section 4. That the fiscal year 2012-13 TCSD operating budgets are amended in accordance with the attached schedules. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 12th day of February, 2013. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 13- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 12th day of February, 2013, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT MID -YEAR BUDGET Fiscal Year 2012-13 Exhibit A CITY OF TEMECULA Temecula Community Services District Summary of Revenues, Expenditures, and Changes in Fund Balances ALL TCSD Total Revenues by Fund: Citywide Operations Service Level B Service Level C Service Level D Service Level R Service Level L Library Summer Youth Employment Debt Service Total Revenues Total Expenditures by Fund: Citywide Operations Service Level B Service Level C Service Level D Service Level R Service Level L Library Summer Youth Employment Debt Service Total Expenditures Excess of Revenues Over (Under) Expenditures Operating Transfers In (Out): General Fund / Summer Youth Debt Service / Citywide Operations Debt Service/2011 Financing Lease Summer Youth / Citywide Operations Citywide Operations / Capital Improvement Citywide Operations / Summer Youth Citywide Operations / Debt Service 2011-12 Actuals FUNDS 2012-13 Current Budget Combined 2012-13 Year -to -Date Actuals 2012-13 Revised Budget Proposed Increase Increase (Decrease) (Decrease) 0/0 11,268,146 7,885,512 3,804,132 7,352,802 (532,710) -6.8% 938,087 934,749 625,989 934,787 38 0.0% 1,619,604 1,588,321 801,635 1,589,331 1,010 0.1% 6,025,778 6,489,464 3,267,542 6,488,764 (700) 0.0% 5,651 5,532 3,426 5,582 50 0.9% 243,074 232,452 116,362 232,752 300 0.1% 372,284 752,833 369,466 745,608 (7,225) -1.0% 2 - - - - 0.0% (2) - - - - 0.0% 20,472,624 17,888,863 8,988,552 17,349,626 (539,237) -3.0% 11,082,505 8,321,524 3,876,847 7,869,778 952,589 968,420 477,321 968,555 1,490,919 2,035,368 729,269 2,036,313 6,073,306 6,511,818 81,939 6,512,718 1,811 10,150 132 10,150 225,998 238,264 93,502 238,444 681,580 862,480 341,767 857,160 3,926 13,000 10,993 22,980 4,332,145 - - - 24, 844, 779 18, 961, 024 5,611,770 18, 516, 098 (4,372,155) (1,072,161) 495,480 3,836,490 4,000 (192, 000) (4,000) (495,480) Total Operating Transfers: 3,644,490 Excess of Revenues Over (Under) Expenditures and Operating Transfers Out Fund Balances, Beg. of Year (451,746) -5.4% 135 0.0% 945 0.0% 900 0.0% - 0.0% 180 0.1% (5,320) -0.6% 9,980 76.8% - 0.0% (444,926) -2.3% 3,376,782 (1,166,472) (94,311) 8.8% 5,000 5,000 (727, 665) (1,072,161) 3,376,782 (1,161, 472) 3,542,066 2,814,401 2,814,401 2,814,401 Fund Balances, End of Year 2,814,401 1,742,240 2 6,191,183 1,652,929 5,000 100.0% - 0.0% - 0.0% - 0.0% - 0.0% - 0.0% - 0.0% 5,000 100.0% (89,311) -0.7% CITY OF TEMECULA Temecula Community Services District Summary of Revenues, Expenditures, and Changes in Fund Balance CITY-WIDE FUND 2011-12 2012-13 2012-13 2012-13 Proposed % Actuals Current Year -to -Date Revised Increase Increase Budget Actuals Budget (Decrease) (Decrease) Total Revenues by Department General Operations 9,054,002 3,623,351 2,116,331 3,602,243 (21,108) -0.6% Senior Center 18,511 183,747 77,386 188,240 4,493 2.4% Community Recreation Center 54,050 364,138 141,699 351,044 (13,094) -3.6% Recreation 739,636 807,586 432,941 796,442 (11,144) -1.4% Temecula Community Center 53,018 221,493 77,853 221,807 314 0.1% Temecula History Museum 11,916 81,095 41,055 85,377 4,282 5.3% Aquatics 183,758 352,936 174,509 356,797 3,861 1.1% Sports 327,142 312,530 115,535 312,530 - 0.0% Temecula Children's Museum 133,358 270,191 117,258 226,125 (44,066) -16.3% Community Theater 371,690 686,375 344,030 687,016 641 0.1% Cultural Arts 3,776 147,635 67,634 131,573 (16,062) -10.9% Harveston Center 301,321 327,975 62,576 327,975 - 0.0% Civic Center Conference Center 15,968 16,593 12,291 20,000 3,407 20.5% Human Services - 50,689 23,034 45,633 (5,056) -10.0% YMCA Facility - 439,178 - - (439,178) -100.0% 11,268,146 7,885,512 3,804,132 7,352,802 (532,710) -6.8% Total Expenditures by Department General Operations 6,249,221 1,693,705 792,896 1,661,215 (32,490) -1.9% Senior Center 283,305 374,397 187,374 394,456 20,059 5.4% Community Recreation Center 487,204 677,844 315,699 682,774 4,930 0.7% Recreation 859,399 876,778 555,492 907,859 31,081 3.5% Temecula Community Center 147,783 285,842 139,310 273,760 (12,082) -4.2% Temecula History Museum 181,753 261,069 126,192 281,799 20,730 7.9% Aquatics 623,958 632,410 346,109 671,119 38,709 6.1% Sports 326,631 423,746 184,430 449,599 25,853 6.1% Temecula Children's Museum 327,554 357,881 164,477 340,969 (16,912) -4.7% Community Theater 1,075,647 1,154,691 545,957 1,194,257 39,566 3.4% Cultural Arts 319,276 456,832 255,194 442,410 (14,422) -3.2% Old Town Maintenance 119,110 - - - - 0.0% Harveston Center 248,713 327,880 154,630 329,169 1,289 0.4% Civic Center Conference Center 28,953 47,835 26,651 52,085 4,250 8.9% Human Services - 162,199 74,227 168,922 6,723 4.1% YMCA - 588,415 8,208 19,385 (569,030) -96.7% Excess of Revenues Over (Under) Expenditures Operating Transfers Out 11,278,507 8,321,524 3,876,846 7,869,778 (451,746) -5.4% (10,361) (436,012) (72,714) (516,976) (80,964) 18.6% (495,480) - - - - 0.0% Excess of Revenues Over (Under) Expenditures and Operating Transfers Out (505,841) (436,012) (72,714) (516,976) (80,964) 18.6% Fund Balance, Beg. of Year 1,190,481 684,640 684,640 684,640 Fund Balance, End of Year 684,640 248,628 611,926 167,664 3 CITY OF TEMECULA Temecula Community Services District Summary of Revenues, Expenditures, and Changes in Fund Balance SERVICE LEVEL "B" FUND 2011-12 2012-13 2012-13 2012-13 Proposed % Actuals Current Year -to -Date Revised Increase Increase Budget Actuals Budget (Decrease) (Decrease) Total Revenues 938,087 934,749 625,989 934,787 38 0.0% Total Expenditures 952,589 968,420 477,321 968,555 135 0.0% Excess of Revenues Over (Under) Expenditures (14,502) (33,671) 148,668 (33,768) (97) 0.3% Fund Balance, Beg. of Year Fund Balance, End of Year 91,968 77,466 77,466 77,466 77,466 43,795 226,134 43,698 SERVICE LEVEL "C" FUND 2011-12 2012-13 2012-13 2012-13 Proposed % Actuals Current Year -to -Date Revised Increase Increase Budget Actuals Budget (Decrease) (Decrease) Total Revenues 1,619,604 1,588,321 801,635 1,589,331 1,010 0.1% Total Expenditures 1,490,919 2,035,368 729,269 2,036,313 945 0.0% Excess of Revenues Over (Under) Expenditures 128,685 (447,047) 72,366 (446,982) 65 0.0% Fund Balance, Beg. of Year 1,143,082 Fund Balance, End of Year 1,271,767 1,271,767 1,271,767 1,271,767 824,720 1,344,133 824,785 4 CITY OF TEMECULA Temecula Community Services District Summary of Revenues, Expenditures, and Changes in Fund Balance SERVICE LEVEL "D" FUND 2011-12 2012-13 2012-13 2012-13 Proposed % Actuals Current Year -to -Date Revised Increase Increase Budget Actuals Budget (Decrease) (Decrease) Total Revenues 6,025,778 6,489,464 3,267,542 6,488,764 (700) 0.0% Total Expenditures 6,073,306 6,511,818 81,939 6,512,718 900 0.0% Excess of Revenues Over (Under) Expenditures (47,528) (22,354) 3,185,603 (23,954) (1,600) 7.2% Fund Balance, Beg. of Year Fund Balance, End of Year 305,857 258,329 258,329 258,329 258,329 235,975 3,443,932 234,375 SERVICE LEVEL "R" FUND 2011-12 2012-13 2012-13 2012-13 Proposed % Actuals Current Year -to -Date Revised Increase Increase Budget Actuals Budget (Decrease) (Decrease) Total Revenues 5,651 5,532 3,426 5,582 50 0.9% Total Expenditures 1,811 10,150 132 10,150 - 0.0% Excess of Revenues Over (Under) Expenditures 3,840 (4,618) 3,294 (4,568) 50 -1.1% Fund Balance, Beg. of Year 5,033 8,873 8,873 8,873 Fund Balance, End of Year 8,873 4,255 12,167 4,305 5 CITY OF TEMECULA Temecula Community Services District Summary of Revenues, Expenditures, and Changes in Fund Balance SERVICE LEVEL "L" FUND 2011-12 2012-13 2012-13 2012-13 Proposed % Actuals Current Year -to -Date Revised Increase Increase Budget Actuals Budget (Decrease) (Decrease) Total Revenues 243,074 232,452 116,362 232,752 300 0.1% Total Expenditures 225,998 238,264 93,502 238,444 180 0.1% Excess of Revenues Over (Under) Expenditures 17,076 (5,812) 22,860 (5,692) 120 -2.1% Fund Balance, Beg. of Year Fund Balance, End of Year 239,241 256,317 256,317 256,317 256,317 250,505 279,177 250,625 LIBRARY FUND 2011-12 2012-13 2012-13 2012-13 Proposed % Actuals Current Year -to -Date Revised Increase Increase Budget Actuals Budget (Decrease) (Decrease) Total Revenues 372,284 752,833 369,466 745,608 (7,225) -1.0% Total Expenditures 681,580 862,480 341,767 857,160 (5,320) -0.6% Excess of Revenues Over (Under) Expenditures (309,296) (109,647) 27,699 (111,552) (1,905) 1.7% Fund Balance, Beg. of Year Fund Balance, End of Year 548,305 239,009 239,009 239,009 239,009 129,362 266,708 127,457 6 CITY OF TEMECULA Temecula Community Services District Summary of Revenues, Expenditures, and Changes in Fund Balance Total Revenues SUMMARY YOUTH EMPLOYMENT PROGRAM FUND Total Expenditures Operating Transfer In Excess of Revenues Over (Under) Expenditures and Operating Transfer In Fund Balance, Beg. of Year Fund Balance, End of Year 2011-12 2012-13 2012-13 2012-13 Proposed % Actuals Current Year -to -Date Revised Increase Increase Budget Actuals Budget (Decrease) (Decrease) 2 - - - - 0.0% 3,926 13,000 10,993 22,980 9,980 76.8% 4,000 - - 5,000 5,000 100.0% 76 (13,000) (10,993) (17,980) (4,980) 38.3% 17,922 17,998 17,998 17,998 17,998 4,998 7,005 18 DEBT SERVICE FUND 2011-12 2012-13 2012-13 2012-13 Proposed 0/0 Actuals Current Year -to -Date Revised Increase Increase Budget Actuals Budget (Decrease) (Decrease) Total Revenues (2) - - - - 0.0% Total Expenditures 4,332,145 - - - - 0.0% Operating Transfer In 4,331,970 - - - - 0.0% Excess of Revenues Over (Under) Fenditures and Operating Transfer In (177) - - - - 0.0% Fund Balance, Beg. of Year 177 Fund Balance, End of Year 7 CITY OF TEMECULA Temecula Community Services District REVENUE DETAIL City -Wide Fund FY 2012-13 FY 2011-12 YTD FY 2012-13 Midyear Acct # 190 TCSD FWD Revenue 12/31/12 Budget Estimates $ CHANGE % CHANGE DEPT 180 Parks and Recreation 4004 -Special Tax (Measure C) 3,761,190 342,882 452,271 447,716 (4,555) -1.01% Various (40 -Miscellaneous Non Taxable 20,654 986 - 0.00% 4062 -Recovery of Prior Year Expense 1,877 2,500 2,500 0.00% 4065+4545 -Investment Interest 8,323 1,558 5,000 2,000 (3,000) -60.00% 4073 -Recreation Funding from General Fund 5,190,227 1,765,821 3,141,080 3,141,080 - 0.00% 4076 -Reimbursements 223 446 447 447 0.00% 4077 -Lease Income 44,557 1 - 0.00% 4084 -Reimbursements (CI P) 3,107 25,000 5,000 (20, 000) -80.00% 4119 -Development Plan 712 - 0.00% 4151 -Parcel Map Check 684 2,760 3,500 3,500 0.00% 4284-Median/Park Plan Check 2,202 - 0.00% 4291 -Inspection Fees -Contract 21,000 - 0.00% 4360 -Improvement Plan Ck Off -Site 443 - 0.00% 4390 -Street Lighting Fees 680 - 0.00% TOTAL Parks and Recreation 9,054,002 2,116,331 3,623,351 3,602,243 (21,108) -0.58% DEPT 181 Senior Center 4004 -Special Tax (Measure C) 50,659 102,207 101,178 (1,029) -1.01% 4051 -Donations 400 400 - 0.00% 4062 -Recovery of Prior Year Expense 156 156 0.00% 4070 -Cash Over & Short 12 - - - 0.00% 4980 -Classes/Activities - 566 566 - 0.00% 4982 -Contract Classes 6,586 18,022 66,500 66,500 - 0.00% 4983 -Transportation 1,895 892 1,675 1,675 - 0.00% 4986 -Excursions 2,823 2,391 4,600 3,000 (1,600) -34.78% 4990 -Indoor Rentals 7,195 5,422 7,799 14,765 6,966 89.32% TOTAL Senior Center 18,511 77,386 183,747 188,240 4,493 2.45% DEPT 182 Community Recreation Center 4004 -Special Tax (Measure C) 91,719 185,046 183,182 (1,864) -1.01% 4966 -Open Gym Non Resident 1,733 2,450 3,300 850 34.69% 4980 -Cl asses/Activiti es 14,224 6,298 7,542 11,540 3,998 53.01 % 4982 -Contract Classes 12,677 31,927 133,000 133,000 - 0.00% 4990 -Indoor Rentals 27,149 10,022 36,100 20,022 (16,078) -44.54% TOTAL Community Recreation Center 54,050 141,699 364,138 351,044 (13,094) -3.60% 8 CITY OF TEMECULA Temecula Community Services District REVENUE DETAIL City -Wide Fund FY2012-13 FY 2011-12 YTD FY 2012-13 Midyear Acct # 190 TCSD FUND Revenue 12/31/12 Budget Estimates $ CHANGE % CHANGE DEPT 183 Recreation 4004 -Special Tax (Measure C) - 116,513 235,070 232,702 (2,368) -1.01% 4062 -Recovery of Prior Year Expense - 156 - - - 0.00% 4070 -Cash Over & Short 309 20 - 0.00% 4980-Classes/Activities - (128) - - - 0.00% 4982 -Contracted Classes 563,214 255,029 332,500 332,500 - 0.00% 4984 -Day Camp 125,994 26,925 180,230 180,230 - 0.00% 4989 -Picnic Shelter Rentals 11,116 4,089 7,860 7,860 - 0.00% 4992 -Special Events 33,755 26,696 31,325 35,150 3,825 12.21 % 4995 -Hgh I-bpes 587 - - - - 0.00% 4998 -Skate Park 4,661 3,641 20,601 8,000 (12,601) -61.17% TOTAL Recreation 739,636 432,941 807,586 796,442 (11,144) -1.38% DEPT 184 Temecula Community Center 4004 -Special Tax (Measure C) 38,677 78,033 77,247 (786) -1.01% 4977 -After School Program 17,288 - - 0.00% 4980 -Classes/Activities 10 - - 0.00% 4982 -Contracted Classes 21,914 30,850 133,000 133,000 - 0.00% 4990 -Indoor Rentals 13,806 8,326 10,460 11,560 1,100 10.52% TOTAL Temecula Community Center 53,018 77,853 221,493 221,807 314 0.14% DEPT 1851-istory Museum 4004 -Special Tax (Measure C) 35,325 71,270 70,552 (718) -1.01% 4980 -Classes/Activities - 370 370 - 0.00% 4984 -Day Camp 2,990 390 3,055 3,055 - 0.00% 4990 -Indoor Rentals 982 635 1,200 1,200 - 0.00% 4991 -Museum Admissions 7,944 4,705 5,200 10,200 5,000 96.15% TOTAL Hstory Museum 11,916 41,055 81,095 85,377 4,282 5.28% DEPT 186 Aquatics 4004 -Special Tax (Measure C) 85,571 172,643 170,904 (1,739) -1.01% 4970 -Swim Lessons 107,303 42,307 100,325 100,325 - 0.00% 4971 -Lap Swim 10,102 6,436 11,550 11,550 - 0.00% 4972 -Public Swim 22,429 14,944 20,000 20,000 - 0.00% 4973 -Family Nght Swim 817 675 1,000 1,000 - 0.00% 4974 -Pool Rentals 34,119 16,101 40,018 40,018 - 0.00% 4976 -Non-resident Swim 8,988 8,475 7,400 13,000 5,600 75.68% TOTAL Aquatics 183,758 174,509 352,936 356,797 3,861 1.09% 9 CITY OF TEMECULA Temecula Community Services District REVENUE DETAIL City -Wide Fund Acct # DEPT 187 Sports 190 TCSD FUND FY2012-13 FY 2011-12 YTD FY 2012-13 Midyear Revenue 12/31/12 Budget Estimates $ CHANGE % CHANGE 4960 -Adult Softball 76,000 900 80,000 80,000 - 0.00% 4963 -Tournaments 113,255 38,180 94,000 94,000 - 0.00% 4964 -Adult Leagues (non-resident) 5,940 570 6,250 6,250 - 0.00% 4965 -Youth Leagues (non-resident) 15,230 6,720 17,000 17,000 - 0.00% 4966 -Open Gym 2,511 19 - - - 0.00% 4988 -Field Rentals/Lights 105,816 62,185 103,000 103,000 - 0.00% 4994 -Tennis 1,426 2,400 2,400 - 0.00% 4997 -Sports Concessions 8,390 5,535 9,880 9,880 - 0.00% TOTAL Sports 327,142 115,535 312,530 312,530 - 0.00% DEPT 188 Children's Museum 4004 -Special Tax (Measure C) 47,288 95,406 94,445 (961) -1.01% 4070 -Cash Over & Short (34) (15) - 0.00% 4967 -Friday Nght Events 115 13,890 160 (13,730) -98.85% 4968 -Workshops 3,520 - (3,520) -100.00% 4991 -Museum Admissions 133,392 68,450 130,100 130,100 - 0.00% 4992 -Special Events 19,775 - (19,775) -100.00% 4999 -Birthday Parties - 1,420 7,500 1,420 (6,080) -81.07% TOTAL Children's Museum 133,358 117,258 270,191 226,125 (44,066) -16.31 % DEPT 189 Community Theater 4004 -Special Tax (Measure C) 155,449 313,625 310,466 (3,159) -1.01% 4025 -Interstate Dance Grant - 10,000 10,000 10,000 0.00% 4051 -Donations 500 - 1,000 1,000 - 0.00% 4070 -Cash Over & Short 10 (115) - 0.00% 4990 -Theater Security 635 - 0.00% 4901 -Theater Ushers 10,439 5,013 12,000 12,000 - 0.00% 4906 -Theater - Stagehand Labor Reimb 98,073 51,767 94,500 94,500 - 0.00% 4907 -Theater - Ticket Services Reimb 50,613 21,836 49,625 49,625 - 0.00% 4910 -Theater - Temecula Presents 77,669 38,065 79,920 79,920 - 0.00% 4990 -Theater Rentals 75,023 36,668 77,305 77,305 - 0.00% 4991 -Theater Admissions 38,123 19,524 41,000 41,000 - 0.00% 4997 -Concessions 1,200 600 1,200 1,200 - 0.00% 4999 -Theater-Equipment Rentals 19,405 5,223 16,200 10,000 (6,200) -38.27% TOTAL Community Theater 371,690 344,030 686,375 687,016 641 0.09% DEPT 190 Cultural Arts 4004 -Special Tax (Measure C) 4992 -Special Events 60,871 122,810 121,573 (1,237) -1.01% 3,776 6,763 24,825 10,000 (14,825) -59.72% TOTAL Cultural Arts 3,776 67,634 147,635 131,573 (16,062) -10.88% 10 CITY OF TEMECULA Temecula Community Services District REVENUE DETAIL City -Wide Fund FY2012-13 FY 2011-12 YTD FY 2012-13 Midyear Acct # 190 TCSD FUND Revenue 12/31/12 Budget Estimates $ CHANGE % CHANGE DEPT 192 Harveston Center 4070 -Cash Over & Short 1 (100) - 0.00% 4982 -Contracted Classes 257,467 31,673 270,000 270,000 - 0.00% 4990 -Indoor Rentals 43,853 31,003 57,975 57,975 - 0.00% TOTAL Harveston Center 301,321 62,576 327,975 327,975 - 0.00% DEPT 193 Civic Center Conference Room 4990 -Indoor Rentals 15,968 12,291 16,593 20,000 3,407 20.53% TOTAL Civic Center Conference Room 15,968 12,291 16,593 20,000 3,407 20.53% DEPT 194 Human Services 4004 -Special Tax (Measure C) 21,947 44,279 43,833 (446) -1.01% 4980-Classes/Activities 388 1,550 390 (1,160) -74.84% 4986 -Excursions 50 2,910 300 (2,610) -89.69% 4987 -Indoor Rentals 57 1,200 60 (1,140) -95.00% 4995 -Hgh I-bpes 592 750 1,050 300 40.00% TOTAL Human Services - 23,034 50,689 45,633 (5,056) -9.97% DEPT 195 YMCA Facility 4970 -Swim Lessons - 55,100 - (55,100) -100.00% 4974 -Pool Rentals - 15,600 - (15,600) -100.00% 4980 -Classes and Activities - 936 - (936) -100.00% 4981 -Membership Dues - 192,782 - (192,782) -100.00% 4982 -Contract Classes 174,760 - (174, 760) -100.00% TOTAL YMCA Facility - - 439,178 - (439,178) -100.00% TOTAL TCSD 11,268,146 3,804,132 7,885,512 7,352,802 (532,710) -6.76% 11 CITY OF TEMECULA Temecula Community Services District REVENUE DETAIL All Service Level Funds FY 2012-13 FY 2011-12 YTD FY 2012-13 Mdyear Acct # 192 SERVICE LEVEL B FWD Revenue 12/31/12 Budget Estimates $ CHANGE %CHANGE 4005 -Assessments 644,042 332,588 641,384 641,384 - 0.00% 4065+4545 -Investment Interest 680 36 - 38 38 0.00% 4073 -Service Level B Funding From General Fund 293,365 293,365 293,365 293,365 - 0.00% TOTAL SERVICE LEVEL B FUND 938,087 625,989 934,749 934,787 38 0.00% FY 2012-13 FY 2011-12 YTD FY 2012-13 Mdyear Acct # SERVICE LEVEL C FUNDS 500-530 Revenue 12/31/12 Budget Estimates $ CHANGE %CHANGE 4005 -Assessments 1,607,987 798,041 1,583,693 1,583,693 - 0.00% 4065+4545 -Investment Interest 9,672 3,594 4,628 5,638 1,010 21.82% 4371 -Slope Inspection Fees 1,945 - - 0.00% TOTAL SERVICE LEVEL "C' FUNDS 1,619,604 801,635 1,588,321 1,589,331 1,010 0.06% FY 2012-13 FY 2011-12 YTD FY 2012-13 Mdyear Acct # 194 SERVICE LEVEL D FWD Revenue 12/31/12 Budget Estimates $ CHANGE %CHANGE 4005 -Assessments 5,982,020 3,267,262 6,482,964 6,482,964 - 0.00% 4025 -Grants 27,685 - - - - 0.00% 4065+4545 -Investment Interest 10,542 280 1,500 800 (700) -46.67% 4096 -Recycling Program 5,531 - 5,000 5,000 - 0.00% TOTAL SERVICE LEVEL D FUND 6,025,778 3,267,542 6,489,464 6,488,764 (700) -0.01% FY 2012-13 FY 2011-12 YTD FY 2012-13 Mdyear Acct # 195 SERVICE LEVEL R FWD Revenue 12/31/12 Budget Estimates $ CHANGE %CHANGE 4005 -Assessments 5,590 3,400 5,532 5,532 - 0.00% 4065+4545 -Investment Interest 61 26 - 50 50 0.00% TOTAL SERVICE LEVEL R FUND 5,651 3,426 5,532 5,582 50 0.90% FY 2012-13 FY 2011-12 YTD FY 2012-13 Mdyear Acct # 196 SERVICE LEVEL L FWD Revenue 12/31/12 Budget Estimates $ CHANGE %CHANGE 4005 -Assessments 236,481 115,623 227,852 227,852 - 0.00% 4007-Harveston Lake Boat Revenue 4,606 - 3,600 3,600 - 0.00% 4065+4545 -Investment Interest 1,987 739 1,000 1,300 300 30.00% TOTAL SERVICE LEVEL L FUND 243,074 116,362 232,452 232,752 300 0.13% 12 CITY OF TEMECULA Temecula Community Services District REVENUE DETAIL Library Fund FY 2012-13 FY 2011-12 YTD FY 2012-13 Midyear Acct # 197 LIBRARY FUND Revenue 12/31/12 Budget Estimates $ CHANGE %CHANGE 4051 -Library Donations 26 4 - 0.00% 4065+4545 -Investment Interest 3,485 687 3,000 1,500 (1,500) -50.00% 4070 -Cash Over & Short (20) - - 0.00% 4073 -Library Funding From General Fund 223,511 302,126 604,253 604,253 - 0.00% 4271 -Fines & Fees 96,204 40,200 97,500 90,000 (7,500) -7.69% 4272 -Lost Damaged Materials 3,826 2,065 5,125 4,400 (725) -14.15% 4273 -Printing & Copies 28,561 14,197 26,000 26,000 - 0.00% 4274 -Facilities Rentals 16,691 10,187 16,955 19,455 2,500 14.74% TOTAL LIBRARY FUND 372,284 369,466 752,833 745,608 (7,225) -0.96% Summer Youth Employment Program Fund FY 2012-13 FY 2011-12 YTD FY 2012-13 Midyear Acct # 375 SL VER YOUTH EMPLOYMENT PROGRAM Revenue 12/31/12 Budget Esti mates $ CHANGE %CHANGE 4065 -Investment Interest 2 - - 0.00% 4090 -Operating Transfer In 4,000 - - 5,000 5,000 0.00% TOTAL SLMVER YOUTH EIVPLOYIVENT FUND 4,002 - - 5,000 5,000 0.00% TCSD Debt Service Fund FY 2012-13 FY 2011-12 YTD FY 2012-13 Midyear Acct # 390 DEBT SERVICE FWD Revenue 12/31/12 Budget Esti mates $ CHANGE %CHANGE 4065 -Investment Interest (2) - - 0.00% 4090 -Operating Transfer In 4,331,970 - - 0.00% TOTAL DEBT SERVICE FWD 4,331,968 - - - - 0.00% 13 Item No. 19 Approvals City Attorney Chief Financial Officer City Manager 07-e-r-- OuL TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Greg Butler, Director of Public Works/City Engineer DATE: February 12, 2013 SUBJECT: Approval of Plans and Specifications and Authorization to Solicit Construction Bids for the Great Oak High School Tennis Court Lighting Project, PW12-03 PREPARED BY: Avlin Odviar, Senior Engineer — CIP William Becerra, Associate Engineer — CIP RECOMMENDATION: Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Great Oak High School Tennis Court Lighting Project, PW12-03. BACKGROUND: On October 16, 2012, the Temecula Community Services District (TCSD) entered into an agreement with Temecula Valley Unified School District (TVUSD) for the joint use of tennis courts. As part of this agreement, TCSD and TVUSD agreed to jointly develop a portion of schools, including Great Oak High School, for park, recreational, and educational purposes. The Great Oak High School Tennis Court Lighting Project will provide a total of twelve new light poles to illuminate the existing eight tennis courts with low intensity lighting. The project will include all necessary controls and electrical hardware to allow the courts to be programed for after school hours. On April 12, 2012, a Notice of Exemption was filed making a finding that the Project is consistent with CEQA 15301.c. Section 15301.c states that the project consists of minor alteration of an existing facility involving negligible expansion of an existing use beyond that of existing at the time of determination. No comments were received from the public. 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 $456,000. In order to minimize impact to school operations, construction will be scheduled to start the first work day of summer break, June 10, 2013. FISCAL IMPACT: The Great Oak High School Tennis Court Lighting Project, P\N12- 03 is budgeted within the City's Capital Improvement Program Fiscal Years 2013-17 and is funded with DIF (Parks & Recreation). The Engineer's Estimate exceeds the appropriated construction funding available in the project account, therefore additional funding will be needed to award a construction contract. The amount of additional funding will be determined once bids are opened. Staff is reviewing potential funding sources (savings on other projects or available fund balance) and will include a recommendation to the City Council at the time of award. ATTACHMENTS: 1. TVUSD Joint Use Agreement 2. Project Description 3. Location Map AGREEMENT BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND TEMECULA VALLEY UNIFIED SCHOOL DISTRICT FOR THE JOINT USE OF SCHOOL TENNIS COURTS THIS AGREEMENT is made and entered into as of October 16, 2012 by and between the Temecula Community Services District, a community services district ("TCSD"), and the Temecula Valley Unified School District ("District"). In consideration of the mutual promises and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. Recitals. This Agreement is entered into with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the parties: a. District is the owner of certain real properties within the City of Temecula known as Great Oak High School, Temecula Valley High School, Erle Stanley Gardner Middle School, Temecula Middle School, Vail Ranch Middle School, and James Day Middle School (collectively, the "Schools"). b. Title I, Division 1, Part 7, Chapter 10, commencing with Section 10900 of the Education Code, authorizes public school districts and cities to cooperate with one another for the purpose of authorizing, promoting and conducting programs of community recreation which will contribute to the attainment of general recreational and educational objectives for children and adults of the State. In this regard, school districts and cities may enter into agreements with each other to aid and cooperate in carrying out these objectives. The governing body of any school district is authorized by these provisions to use the buildings, grounds, and equipment of the district, or any of them, to carry out the recreational and educational objectives, or may grant the use of any building, grounds, or equipment of the district to any other public authority for such purposes, whenever the use of the buildings, grounds, or equipment for community recreational purposes will not interfere with use of the buildings, grounds, and equipment for any other purpose of the public school system. Accordingly, the District and TCSD are authorized to enter into this Agreement. c. District and TCSD desire to jointly develop and utilize a portion of the Schools for park, recreational and education purposes benefiting the people of Temecula as specifically provided in this Agreement. d. The portions of the Schools to be developed for these joint purposes consist of the tennis courts located on the Schools' properties, and are depicted in Exhibits A, B, C, D, E, and F, which are all attached hereto and incorporated herein by this reference (collectively, the "Properties"). -1- 11086-0007\ 1470496v4.doc 2. Use of Properties as Parks. a. District hereby grants to TCSD a license to (1) use the Utilized Properties, as defined in Section 4, as public parks within designated time frames and for the designated uses, (2) use the designated parking lot areas within the Schools as parking for users of the Utilized Properties, (3) use designated walkways within the Schools for access to the Utilized Properties, and (4) use four hundred (400), square feet of temporary office space at Temecula Valley High School as depicted on Exhibit B, all in accordance with the terms and restrictions as set forth in this Agreement. b. TCSD may schedule the tennis courts on the Utilized Properties, as defined in Section 4, for public play, youth and adult tennis programs and tournaments. c. Use of the Utilized Properties, as defined in Section 4, shall be subject to such park rules and regulations for the use of the parks as the TCSD may enact. 3. Term of Agreement. The term of the license granted by this Agreement shall be for a period of twenty (20) years from October 1, 2012, unless terminated or extended as provided in this Agreement. TCSD shall have an option to extend the term for one five (5) year period. TCSD shall exercise the rights of the option prior to six (6) months of the end of the first twenty (20) year period. 4. Apportionment of Use of Properties by TCSD and District. a. TCSD may use the portions of Great Oak High School, Temecula Valley High School and Earle Stanley Gardner Middle School to be developed for joint purposes, as depicted in Exhibits A and B, and C (the "Utilized Properties"). The hours of use for Great Oak High School and Temecula Valley High School are from 5:30 p.m. to 10:00 p.m. on Mondays through Fridays and from 8:00 a.m. to 10:00 p.m. on Saturdays, Sundays, and District Holidays, except that the District shall have priority for scheduled school activities. Earle Stanley Gardner's hours will be from 5:30 p.m. until dusk Mondays through Fridays and from 8:00 a.m. until dusk on Saturdays, Sundays, and District Holidays, except that the District shall have priority for scheduled school events. TCSD shall be entitled to use four hundred (400) square feet of land anywhere on the parking lot at Temecula Valley High School for the placement of a trailer for operation of a pro shop. b. TCSD shall have the right annually to increase or decrease the number of Utilized Properties used for the designated purpose by sending written notice to the District by July 1St of each year. Additional sites available include the portions of Temecula Middle School, Vail Ranch Middle School, and James Day Middle School to be developed for joint purposes, as depicted in Exhibits D, E, and F, from 5:30 p.m. to dusk on Mondays through Fridays and from 8:00 a.m. to dusk on Saturdays, Sundays, and District Holidays, except that the District shall have priority for scheduled school activities. c. District Holidays shall be defined as those days or portion of days when the Schools are not in session, including the summer when the Schools are not in session. On or before August 1st of each year, the District shall notify the TCSD of the dates of scheduled -2- 11086-0007\1470496v4.doc school activities that will restrict the TCSD's use of the Utilized Properties and the dates of District Holidays that the TCSD may use the Utilized Properties. d. TCSD may use restroom facilities at the Utilized Properties upon written notice to the District listing the particular sites and restrooms to use (the "Restroom Request"). The District shall send an approval or rejection of the Restroom Request to TCSD within thirty (30) days. TCSD may send a new Restroom Request for approval by May 1st of each year. 5. District Maintenance Responsibilities. During the term of this Agreement, the District shall, at its sole cost and expense, unless otherwise provided herein, perform the following maintenance on the Utilized Properties and the improvements which currently exist upon the Utilized Properties or which are to be constructed upon the Utilized Properties pursuant to the terms of this Agreement, in accordance with reasonable maintenance standards and schedules: a. District shall maintain the walkways leading to the Utilized Properties and parking for the Utilized Properties in a neat and clean condition, including, but not limited to, daily removal of trash and debris; and b. District to open gates at Great Oak High School and Earle Stanley Gardner Middle School at 5:30 pm Monday through Friday; and c. Provide access to the Utilized Properties and parking areas for the public during public use hours; and d. Maintain and pay utilities for the office space at Temecula Valley High School; and e. Provide keys to the TCSD personnel for restroom facilities approved in the Restroom Request, tennis court facilities, and parking lot gates, as necessary, to permit access to those facilities. 6. TCSD Maintenance Responsibilities. During the term of this Agreement, the TCSD shall, at its sole cost and expense, perform the following maintenance on the Utilized Properties and the improvements which currently exist upon the Utilized Properties or which are to be constructed upon the Utilized Properties pursuant to the terms of this Agreement, in accordance with reasonable maintenance standards and schedules: a. Resurface the tennis courts as necessary to be determined by the TCSD; b. Maintain tennis court surfaces and lines in good condition at all times; c. Maintain the lights on the tennis courts in accordance with manufacturers standards including, but not limited to, replacement of bulbs, at applicable locations; d. Pay all electric utility costs necessary for lighting the tennis courts; -3- 11086-0007\1470496v4.doc e. Maintain the tennis court area in a neat and clean condition, including removal of trash and debris; f. Power wash the courts as necessary to be determined by TCSD; g• Restroom Request; TCSD use; Unlock and lock, as well as clean, those restrooms approved in the h. Maintain tennis courts consistent with City park standards during times of i. Maintain the windscreens and replace windscreens as necessary, as determined by TCSD; and j. Maintain nets in good condition at all times and replace nets as necessary as determined by TCSD. 7. Indemnification a. TCSD agrees to defend, indemnify, protect and hold harmless the District, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the District, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the TCSD's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence or wrongful conduct of the District. b. District agrees to defend, indemnify, protect and hold harmless the TCSD, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the TCSD, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the District's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, or which may arise from the ownership of the Properties, excepting only liability arising out of the negligence or wrongful conduct of the TCSD. 8. Defaults and Remedies a. Subject to the extensions of time set approved in writing by a party, failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement. A party claiming a default (claimant) shall give written notice of default to the other party specifying complained of. b. The claimant shall not institute proceedings against the other party nor be entitled to damages if the other party within fourteen (14) days from receipt of such notice immediately, with due diligence, commences to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy within thirty (30) days from the date of receipt of such notice. Such cure, correction and remedy shall include payment of any costs, expenses -4- 11086-0007\ 1 470496v4.doc (including attorney fees) or damages incurred by the non -defaulting party resulting from the default or during the period of default. c. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. d. Any failures delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce an such rights or remedies. e. If a default is not fully cured by the defaulting party as provided in this Paragraph, the defaulting party shall be liable to the other part for any damages caused by such default, and the non -defaulting party may thereafter (but not before) commence an action for damages against the defaulting party with respect to such default. f. If a default under this Agreement is not fully cured by the defaulting party as provided in this Paragraph, the non -defaulting party at its option may thereafter (but not before) commence an action for specific performance of terms of this Agreement. g. In the event litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 9. Termination of Agreement. Either party may terminate this Agreement for any reason upon written notice of one year to the other party. 10. Force Majeure. Except as otherwise expressly provided in this Agreement, if the performance of any act required by this Agreement to be performed by either District or TCSD is prevented or delayed by reason of any act of God, strike, lockout, labor trouble, inability to secure materials, restrictive governmental laws or regulations, or any other cause (except financial inability) not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. However, nothing contained in this Section shall excuse the prompt payment by a party as required by this Agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 11. Notice to Parties. Written notices, demands and communications among the District and TCSD, shall be sufficiently given by either by (i) personal service, (ii) delivery by a reputable document delivery service such as, but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: -5- 11086-0007\ 1470496v4.doc District: Temecula Valley Unified School District 31350 Rancho Vista Road Temecula, California 92592 Attention: Superintendent TCSD: Temecula Community Services District 41000 Main Street Post Office Box 9033 Temecula, California 92589-9033 Attention: General Manager 12. Agreement Binding on Successors. This Agreement shall be binding on and shall inure to the benefit of the successors and lawful assigns of the parties hereto. 13. Assignment. Neither Party shall assignor transfer this Agreement or any portion thereof without the prior written consent of the other party, which consent shall not be unreasonably withheld; provided however that TCSD may assign this Agreement to the City of Temecula without consent of the District. 14. Sole and Only Agreement. This Agreement constitutes the sole and only agreement between District and TCSD respecting the joint use of the Properties for school and park purposes. Any agreements or representations, either oral or written, respecting any matter discussed in this Agreement not expressly set forth in this Agreement are null and void. 15. Time of Essence. Time is expressly declared to be of the essence in this Agreement. 16. Authority to Execute. Each party hereto expressly warrants and represents that he or she has the authority to execute this Agreement on behalf of his or her governmental entity and warrants and represents that he or she has the authority to bind his or her entity to the performance of its obligations hereunder. 17. Counterparts. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. -6- 11086-0007\ 1470496v4.doc IN WITNESS WHEREOF this Agreement has been executed by the authorized representatives of the parties hereto. TEMECULA VALLEY UNIFIED SCHOOL DISTRICT 02:7\--6.9 President of Governing Board Attest: Secretary to the Governing Board -7- 11086-0007\ 1470496v4.doc TEMECULA COMMUNITY SERVICES DISTRICT omerchero G" esident Attest: Susan W. Janes, M Approved as to form: Peter M. Thorson City Attorney DB 11086-0007\1470496v4.doc EXHIBIT A MAP OF GREAT OAK HIGH SCHOOL 11086-0007\ 1470496v4.doc Q • 0 ..:� 11I11f111TfIIIIIIlTfI1111fflillllTlll41:.:. .L T_ Q ',Arndt Eis; LEGEND AP Assistant Principal Bk Bike Rack BR Book Room BW Ball Wall C Conference CC Child Core EE Electrical Enclosure K Kitchen L Lounge MPR Multi—Purpose Room H Nurse p Principal Ps Psychologist B.G Bays/Girls Rest Room M.W Mens/Womens Rest Room Sp Speech 59 Storage Building SC Storage Container T Trash WR Work Room • Electrical Main Valve Oaa Fire Hydrant ® Gas Main Valve Hazardous Materials O Generator A Irrigation Valve Q Water Main Valve [WA Relos County Owned Classrooms Landscaping 1-1 Wood Chips ( Decomposed Granite --H-- Chain Unk Fence --o --0— Decorative Fence ----I- Block Wall BoefeI YOAWA Pumrau Aaloaen/ AM ARO101 R/01. 00 vvvvw+.or!MEW • sant 1119 AteRlde 11001•.•1 Balt. 109 carl•614. c•Ilrer•la 110.1-4111 Tde:lnnmann 'CC (MI n•.11100 �. 1• I ins DEER HOLLOW ROAD ilfffllfll111Tllflfl i flllifffT1111Tf(Iilll �.>}db6idfll IIfiI1Irii Tlilffffl :•'"' illi 'fllTllllffff '� '90P.i 920 1 1,11.1 Ert:f DI _ 11ro do Li'l JI 0188 Gymnasuim Bulking IMP ■6 807 .si 001 80 ©100' 00 ►1111111f111711111II111111 f I1liIill1111 rk m 70 714 716 _:._I769�716 7(+ 11)71711'51'°61"41 `'Bu Iden ,i.:11111111111111111111111111111111111111![:' 1 111 ?11111III111,11111.1111111111111{11}1111' • '11T111111111111';',;;ill.: 111111: "`•11 h illl.IIIIIII. Fir :.1.1 PUBU 11111 1119 .4gridr Elei a ■. .lr. 1 a Building 900' 018 614 1112 e16 e„ 6W 616 6n 8 Gam.:: • ,..1. . Building. TOT' (.9I+I [60116021 608 Junior Baseball 201 2133 Building '20 oe 618 COO rt r; PRIMROSE STREET lei GREAT OAK HiGH SCHOOL 32555 Deer Hollow Way Temecula, CA 92591 (951) 294-6450 614 1 Lunch] Built '40Cri IJ4014411031 14'444'14'14'14°814'1 1%. 02 20 214 301 405414 SGS m�1 1 Varsity Baseball 303 812' 811, 31 cm fling '30 Junior Vars Softb•• Vars' Softball TEMECULA VALLEY Unified School District Site Plan 0 55 110' 220' SCALE 1=220' EXHIBIT B MAP OF TEMECULA VALLEY HIGH SCHOOL, INCLUDING TEMPORARY OFFICE SPACE FOR USE 11086-0007\ 1470496v4.doc LEGEND AP Assistant Principal 8k Bike Rack BR Book Room BW Ball Wall C Conference CC Child Care EE Electrical Enclosure K Kitchen L Lounge MPR Multi—Purpose Room N Nurse P Principal ps Psychologist B,G Boys/Girls Rest Room M.W Mens/Womens Rest Room Sp Speech SB Storage Building SC Storage Container T Trash WR Work Room til Electrical Main Valve saa fire Hydrant p Gas Main Valve ® Hazardous Materials O Generator A Irrigation Valve O Water Main Valve Relos County Owned Classrooms Landscaping Wood Chips Decomposed Granite * Chain Unk Fence e o Decorative Fence – t— Block Wall '1 . 2 -Story Wet float. . T 5w TEMECULA VALLEY Unified School District SND[Nt PAeIOHG GYMNASIUM ■Y.ee l O e.eiA PD..ITeel A..oa11Tf1 AH AR.HIT..TYIVL TTCH Imam III Anel....eecn, Wee 100 ....o CUe.6.., Call? w0011-4100 TOM Ma)I)F1 IN rac MO)1514101 Playfield AA er4rireo.47.,-; >c x x TEMECULA VALLEY HIGH SCHOOL 31555 Rancho Vista Rd. Temecula,CA 92592 (951) 69-73000 35' 70' 140' Site Plan SCALE 1'140' NORTH EXHIBIT C MAP OF ERLE STANLEY GARDNER MIDDLE SCHOOL 11086-0007\ 1470496v4.doc Playfield hloason Gummi Puom...A.110110Tel MGM. Aw AR0MO151:111.1•141. 00000tay,00nom 3315. Ar UUUUU 1001180, 20110 100 C•rltba0, C011143010 02001-4111 Ton V001104300 0010 (310)030-1504 TEMECULA VALLEY Unified School District ERLE STANLEY GARDNER MIDDLE SCHOOL 45125 Via Del Coronado Temecula, CA 92592 (951) 699-0080 LEGEND AP Assistant Principal Bk Bike Rook BR Book Roam BW Ball Wall C Conference 00 Child Care EE Electrical Enclosure K Kitchen L Lounge MPR Maki—Purpose Room N Nurse p Principal Ps Psychologist B,G Boys/Girls Rest Room M,W Mens/Womens Rest Room Sp Speech SB Storage Building SC Storage Container T Trash WR Work Room Electrical Main Valve Me Fire Hydrant ® Gas Main Valve Hazardous Maleriols O Generator A Irrigation Valve L Water Main Valve Reios County Owned Classrooms Landscaping I-1 Wood Chips Decomposed Granite Chain Link Fence 5 0 Decorative Fence Block Wail Ea tifo1"1! (g) Site Plan NORTH 0 30' 60' 120' SCALE 1'=120' EXHIBIT D MAP OF TEMECULA MIDDLE SCHOOL 11086-0007\ 1470496v4.doc LEGEND AP Assistant Principe( 8k Blke Rack BR Book Room BW Ball Wall C Conference CC Child Care EE Electrical Enclosure K Kitchen L Lounge MPR Multi—Purpose Room N Nurse P Principal Ps Psychologist B,G Boys/Girls Rest Room M,W Mens/Womens Rest Room Sp Speech SB Storage Building SC Storage Container T Trash WR Work Room O Electrical Main Volvo $1 Fire Hydrant p Gas Main Valve O Hazardous Materials O Generator ® Irrigation Valve L Water Main Valve ® Relos County Owned Classrooms Landscaping Wood Chips Decomposed Granite s Chain Unk Fence 0 o Decorative Fence Block Wall Courts-- - %S% —X--X—X Site Plan 0 25' 50' 100' SCALE 1•=100' Playfield TEMECULA VALLEY Unified School District TEMECULA MIDDLE SCHOOL 42075 Meadows Pkwy Temecula, CA 92592 (951) 302-5151 MoNs.xl gauoe Puxstru U. A1soc1An9 " ARON!T.:OT O NAa OONrORATION merra Immo 5It9 Auuuld. rebel..., sole. 510 C.nroexls 12001-1109 Toll (790192-1000 YIN (710(109.1001 505 504 503 1I502 501 606 Playfield TEMECULA VALLEY Unified School District TEMECULA MIDDLE SCHOOL 42075 Meadows Pkwy Temecula, CA 92592 (951) 302-5151 MoNs.xl gauoe Puxstru U. A1soc1An9 " ARON!T.:OT O NAa OONrORATION merra Immo 5It9 Auuuld. rebel..., sole. 510 C.nroexls 12001-1109 Toll (790192-1000 YIN (710(109.1001 EXHIBIT E MAP OF VAIL RANCH MIDDLE SCHOOL 11086-0007\1470496v4.doc LEGEND AP 8k BR BW C CC EE IC L MPR N P Ps 13,0 M,W Sp SB SC T WR Assistant Principal Blke Rock Book Room Ball Wall Conference Child Care Electrical Enclosure Kitchen Lounge Mulfl—Purpose Room Nurse Principal Psychologist Boys/Girls Rest Room Mens/Womens Rest Room Speech Storage Building Storage Container Trash Work Room Electrical Main Valve eao Fire Hydrant p Gas Main Valve O Hazardous Materials 1 Generator A Irrigation Valve a Water MoIn Valve ® Relos County Owned Classrooms Landscaping r---1 Woad Chips l_i-] Decomposed Granite F— Chain Link Fence —0-0-- Decorative Fence —I Block Wall Marquee �MORUM CAMI PIEDRA ROJO TEMECULA VALLEY Unified School District MOMISM 0040* evaf1NLL A000CYTY AI Aw *woMITCCTeowa. 00000/uT/6N mama gill II Aa4*10a Ia010a1, lana 60O O C4aia000, C61110 all 616011-4161 TOS 1706) 6011100 lam 171018114 006 tiigg VAIL RANCH MIDDLE SCHOOL 33340 Camino Piedra RoJo Temecula, CA 92592 (951) 302-5188 Site Plan 0 25' 50' 100' SCALE r=100' EXHIBIT F MAP OF JAMES DAY MIDDLE SCHOOL 11086-0007\ 1470496v4.doc LEGEND AP Bk 8R BW c. CC EE K L MPR N p Ps 13,0 M,W Sp SC T WR 0 G A Assistant Principal Bike Rock Book Room Ball Wall Conference Child Care Electrical Enclosure Kitchen Lounge Multl—Purpose Roons Nurse Principal Psychologist Boys/Girls Rest Room Mens/Womens Rest Room Speech Storage Building Storage Container Trash Work Room Electrical Main Valve Fire Hydrant Gas Main Valve Hazardous Materiols Generator Irrigation Valve Water Main Valve • Relos County Owned Classrooms CD Landscaping 0 Wood Chips ▪ Decomposed Granite 1 Chain Unk Fence Decorative Fence --1— Block Wall Playfield CAMPOS VERDES TEMECULA VALLEY Unified School District oHSCNI0WILOAPIIILIIPOLLAISOCIATZ3 IMPA A00111T00TirwAL 500IVERId 5313 lor•olda toile 500 C•rimbad, California 1706.1•4011t Telei (7110)9194500 FM (76010094006 JAMES L DAY MIDDLE SCHOOL 40775 Camino Campos Verdes Temecula, CA 92591 (951) 699-8138 wri NORTH Site Plan 0 25' 50' 100' SCALE 1'.100 CALIFORNIA TENNIS COURT LIGHTING -GREAT OAK HIGH SCHOOL Parks and Recreation Project Protect Description: This project includes the installation of a lighting system on all eight tennis courts at Great Oak High School. Through a joint use agreement with Temecula Valley Unified School District (TVUSD), these courts can be used by the public on weekends, holidays, and after school hours. Benefit 1 Core Value: This project provides eight additional tennis courts for public use. In addition, this project satisfies the City's Core Value of Healthy and Livable City. Project Status: This project is in the planning phase and is estimated to be completed by end of fiscal year 2012-13. Department: Temecula Community Services—Account No. 210.190.128 Level: II Project Cost: Actuals to Date 2012-13 2013-14 201415 2015-16 2016-17 Future Total Years Protect Cost Acquisition $ 48,000 $ 48,000 Construction $ - $357,500 $ - $ - $ - $ - $ - $ 357,500 Construction Engineering $ 39,000 $ 39,000 Fixtures/FumlEquip $ 5,000 $ 5,000 Totals $ - $449,500 $ - $ - $ - $ - $ - $ 449,500 Actuals Future Total Source of Funds: to Date 2012-13 2013-14 2014-15 2015-16 2016-17 Years Protect Cost DIF (Parks & Recreation) $449,500 $ 449,500 Total Funding: $ - $449,500 $ - $ - $ - $ - $ - $ 449,500 Future Operation & Maintenance Costs 2012-13 2013-14 2014-15 2015-16 $ 6,120 I $ 6,242 I $ 6,367 147 2016-17 $ 6,495 $ 6,624 TENNIS COURT LIGHTING - GREAT OAK HIGH SCHOOL Parks and Recreation Project Location • .07 1• - LIVE OAK RANCH RD ss .414 w 4 Y wi �wx, xw 17-„I Aerial Data - March 2010 Feet 0 125 250 500 146 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY Item No. 20 ACTION MINUTES of December 11, 2012 City Council Chambers, 41000 Main Street, Temecula, California SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING The Successor Agency to the Temecula Redevelopment Agency convened at 8:42 P.M. CALL TO ORDER: Chairperson Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington SARDA PUBLIC COMMENTS None. SARDA CONSENT CALENDAR 22 Action Minutes — Approved Staff Recommendation (5-0-0) Director Comerchero made the motion; it was seconded by Director Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 22.1 Approve the action minutes of October 9, 2012. 23 Financial Statements for the Three Months Ended September 30, 2012 — Approved Staff Recommendation (5-0-0) Director Comerchero made the motion; it was seconded by Director Edwards; and electronic vote reflected unanimous approval. RECOMMENDATION: 23.1 Receive and file the Financial Statements for the Three Months Ended September 30, 2012. SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTORS REPORTS 1 SARDA Action Minutes 121112 SARDA ADJOURNMENT At 8:44 P.M., the Successor Agency to the Temecula Redevelopment Agency meeting was formally adjourned to January 8, 2013, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] 2 SARDA Action Minutes 121112 Chuck Washington, Chairperson Item No. 21 Approvals City Attorney Chief Financial Officer City Manager THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Board of Directors FROM: Patrick Richardson, Director of Development Services DATE: February 12, 2013 SUBJECT: Transfer of all housing assets from the Successor Agency to the Temecula Redevelopment Agency to the City of Temecula as Successor Housing Agency Pursuant to ABX1 26 and AB 1484 PREPARED BY: Luke Watson, Senior Planner RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. SARDA 13- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY TRANSFERRING ALL HOUSING ASSETS LISTED ON THE HOUSING ASSET LIST TO THE CITY OF TEMECULA AS HOUSING SUCCESSOR AGENCY PURSUANT TO ABX1 26 AND AB 1484 BACKGROUND: As a result of the passage of ABX1 26 and subsequently AB 1484, the City Council of the City of Temecula (the "City") adopted Resolution No. 12-02 January 10, 2012, pursuant to Part 1.85, electing for the City to serve as the Successor Agency to the Temecula Redevelopment Agency (SARDA), upon the Agency's dissolution. Additionally, Health and Safety Code Section 34176, which is set forth in Part 1.85, provides that a city that authorized the creation of a redevelopment agency may elect to retain the housing assets and functions previously performed by the redevelopment agency. If a city elects to retain the responsibility for performing housing functions previously performed by the redevelopment agency, it assumes all rights, powers, duties, and obligations subject to certain qualifications. On January 24, 2012, the City Council adopted City Council Resolution 12-11, electing to retain the housing functions of the former Temecula Redevelopment Agency. ABX1 26 and AB 1484 Section 34176(a)(2) mandate that SARDA prepare a Housing Asset List (HAL). The HAL includes the following housing assets held by the SARDA: • Real property assets • Encumbered funds • Loan or grant receivables • Rents and payments from operations used to maintain affordability and for affordable housing -related enforceable obligations • Amounts owed to the Low and Moderate Income Housing Fund (LMIHF) • Mixed used assets • Housing bond proceeds On August 1, 2012, the SARDA delivered the complete HAL to the California State Department of Finance (DOF). On August 31, 2012, the DOF delivered a letter to SARDA in which the DOF disputed two of the housing assets status, per the definition of a housing asset under the provisions of AB 1484. The two housing assets disputed by the DOF include: 1. Housing Asset Transfer List Exhibit A, Item #4 (Diaz Property) 2. Housing Asset Transfer List Exhibit C, Item #1 (3rd and Front Street) The DOF confirmed in its letter dated August 31, 2012, that the remainder of the assets listed in the HAL, besides the two assets defined above, are housing assets under the definitions of housing assets in AB 1484. Per Health &Safety Code Section 34176(a)(1), all housing assets of SARDA were transferred to the "Housing Successor" by operation of law. Due to this fact, and because SARDA believes that all of the housing assets listed on the HAL are housing assets, it is recommended that SARDA formally transfer of all of the housing assets listed on the HAL to the City of Temecula as Housing Successor Agency and that the City of Temecula as Housing Successor Agency formally accept all housing assets. It is also recommended that all housing assets listed on the HAL should remain with the City of Temecula as Housing Successor Agency until such time, as a resolution regarding the two disputed housing assets can be reached through the pending meet and confer appeals process that the SARDA currently has pending with the DOF. AB 1484 Section 34181(c)(f) requires that Oversight Boards review and accept the HAL and direct the Successor Agency to the Temecula Redevelopment Agency to transfer all housing assets on the HAL to the Housing Successor Agency. On January 23, 2012, the Oversight Board of the Successor Agency to the Temecula Redevelopment Agency adopted Resolution OB SARDA 13-13 which formally directed the SARDA to transfer all housing assets listed in the HAL to the City of Temecula as Housing Successor Agency. FISCAL IMPACT: The fiscal impact to SARDA would include the transfer of the total current value of all housing assets defined in the HAL, along with any future appreciation and revenue derived therefrom, to the City of Temecula as Housing Successor Agency. The assets categories that would be transferred include: • Real property assets • Encumbered funds • Loan or grant receivables • Rents and payments from operations used to maintain affordability and for affordable housing -related enforceable obligations • Amounts owed to the Low and Moderate Income Housing Fund (LMIHF) • Mixed used assets • Housing bond proceeds ATTACHMENTS: 1. Resolution No. SARDA 13- 2. Housing Asset List RESOLUTION NO. SARDA 13- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY TRANSFERRING ALL HOUSING ASSETS LISTED ON THE HOUSING ASSET LIST TO THE CITY OF TEMECULA AS HOUSING SUCCESSOR AGENCY PURSUANT TO ABX1 26 AND AB 1484 THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency does hereby find, determine and declare that: A. The Redevelopment Agency of the City of Temecula was a redevelopment agency in the City of Temecula, duly created pursuant to the Community Redevelopment Law, Part 1, commencing with Section 33000, of Division 24 of the California Health and Safety Code (hereafter the "Temecula Redevelopment Agency"). On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1." On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91- 15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91- 11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. The Plan has been amended by Ordinance Nos. 94-33, 06-11 and 07-20 adopted by the City Council. The Agency duly adopted its Implementation Plan for 2010-2014 on December 8, 2009 in accordance with Health and Safety Code Section 33490. B. The City Council of the City of Temecula adopted Resolution No. 12-02 January 10, 2012, pursuant to Health and Safety Code Section 34173 and applicable law electing for the City to serve as the Successor Agency for the Temecula Redevelopment Agency upon the dissolution of the Redevelopment Agency of the City of Temecula. The City Council of the City of Temecula, Acting as the Governing Body for the Successor Agency to the Temecula Redevelopment Agency, adopted Resolution No. 12-01 on February 28, 2012 declaring the Successor Agency to the Temecula Redevelopment Agency duly constituted pursuant to law and establishing rules and regulations for the operation of the Successor Agency to the Temecula Redevelopment Agency ("Successor Agency"). C. Pursuant to Health and Safety Code Section 34175(b) and the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al. (53 Ca1.4th 231(2011)), on February 1, 2012, all assets, properties, SARDA Resos 13- 1 contracts, leases, books and records, buildings, and equipment of the former Temecula Redevelopment Agency transferred to the control of the Successor Agency by operation of law. D. Pursuant to Health and Safety Code Section 34176(a), the City Council of the City of Temecula (the "City" or "Housing Successor Agency") adopted Resolution No. 12-11 on January 24, 2012 electing for the City to retain the housing assets, as allowed by law, and functions previously performed by the former Agency. E. Pursuant to Health &Safety Code Section 34176(a)(1), all housing assets of the Successor Agency were transferred to the Housing Successor Agency by operation of law. F. On August 1, 2012, the Successor Agency delivered the complete Housing Asset List ("HAL")to the California State Department of Finance ("DOF") pursuant to the provisions of Health and Safety Code Section 34176(a)(2). On August 31, 2012, the DOF delivered a letter to the Successor Agency in which the DOF disputed two of the housing assets status, per the definition of a housing asset under the provisions of AB 1484. The two housing assets disputed by the DOF include: (1) Housing Asset Transfer List Exhibit A, Item #4 (Diaz Property); and (2) Housing Asset Transfer List Exhibit C, Item #1 (3rd and Front Street). The Successor Agency and Housing Successor Agency disagree with this position of the DOF and are pursuing administrative remedies with DOF to reverse its decision. G. The DOF confirmed in its letter dated August 31, 2012, that the remainder of the assets listed in the HAL, are housing assets under the definitions in Health and Safety Code Section 34176(e). H. Health and Safety Code Section 34181(c) provides that the Oversight Board of the Successor Agency to the Temecula Redevelopment Agency shall direct the Successor Agency to transfer housing assets to the Housing Successor Agency as appropriate entity pursuant to Health and Safety Code Section 34176 and Health and Safety Code Section 34177(g) directs the Successor Agency to effectuate the transfer of housing functions and assets pursuant to Health and Safety Code Section 34176. I. On January 23, 2012, the Oversight Board of the Successor Agency to the Temecula Redevelopment Agency adopted Resolution OB SARDA 13-01 which formally directed the Successor Agency to transfer all housing assets listed in the HAL to the City as the Housing Successor Agency pursuant to Health and Safety Code Section 34176(a)(2). J. Accordingly, the Board of Directors of the Successor Agency desires to adopt this Resolution approving (i) the transfer to the City as the Housing Successor Agency of the assets identified on the HAL, including those heretofore or hereafter approved or deemed approved by DOF pursuant to Health and Safety Code Section 34176(a)(2), and (ii) the transfer to the Housing Successor Agency all rights, powers, duties, and obligations associated with the housing activities of the former Agency related to the housing assets transferred pursuant to this Resolution. SARDA Resos 13- 2 Section 2. This Resolution is adopted pursuant to Health and Safety Code Sections 34176 and 34177(g). Section 3. The Board of the Successor Agency hereby approves: (i) the transfer to the City as the Housing Successor Agency of all of the assets identified on the HAL, attached hereto as Exhibit A and incorporated herein as though set forth in full, including those heretofore or hereafter approved or deemed approved by DOF pursuant to Health and Safety Code Section 34176(a)(2), and (ii) the transfer to the Housing Successor Agency all rights, powers, duties, and obligations associated with the housing activities of the former Agency related to the housing assets transferred pursuant to this Resolution. Section 4. The Board hereby designates the Finance Director as the official to whom the DOF may make requests for review in connection with the housing asset transfer and who shall provide the DOF with the telephone number and e-mail contact information for the purpose of communicating with the DOF. Section 5. The Executive Director of the Successor Agency is hereby authorized and directed to execute and record such documents and instruments on behalf of the Successor Agency and to do any and all other things which he may deem necessary or advisable to effectuate this Resolution. The Executive Director of the Successor Agency, in consultation with the Successor Agency's legal counsel, may modify the transfer of any housing asset as the Executive Director or the Successor Agency's legal counsel deems necessary or advisable, including those heretofore or hereafter approved or deemed approved by DOF pursuant to Health and Safety Code Section 34176(a)(2). Any such actions taken by the Executive Director of the Successor Agency that are consistent with this resolution are hereby ratified and confirmed. Section 6. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency this 12th day of February, 2013. Michael S. Naggar, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] SARDA Resos 13- 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Successor Agency to the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. SARDA 13- was duly and regularly adopted by the Board Members of the Successor Agency to the Temecula Redevelopment Agency of the City of Temecula at a meeting thereof held on the 12th day of February, 2013, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City ClerklBoard Secretary SARDA Resos 13- 4 EXHIBIT A HOUSING ASSET LIST SARDA Resos 13- 5 Former Redevelopment Agency: Successor Agency to the Former Redevelopment Agency: DEPARTMENT OF FINANCE HOUSING ASSETS LIST ASSEMBLY BILL X1 26 AND ASSEMBLY BILL 1484 (Health and Safety Code Section 34176) Temecula Redevelopment Agency Successor Agency to the former Temecula Redevelopment Agency Entity Assuming the Housing Functions of the former Redevelopment Agency: City of Temecula Entity Assuming the Housing Functions Contact Name: Entity Assuming the Housing Functions Contact Name: Patrick Richardson Genie Wilson Title Director of Development Services Phone 951-694-6444 Title Chief Financial Officer Phone 951-694-6444 E -Mail Address Patrick. Richardson(acityoftemecula.orq E -Mail Address Genie.Wilson W..citvoftemecula.orq All assets transferred to the entity assuming the housing functions between February 1, 2012 and the date the exhibits were created are included in this housing assets list. The following Exhibits noted with an X in the box are included as part of this inventory of housing assets: Exhibit A - Real Property Exhibit B- Personal Property Exhibit C - Low -Mod Encumbrances Exhibit D - Loans/Grants Receivables Exhibit E - Rents/Operations Exhibit F- Rents Exhibit G - Deferrals Prepared By: Date Prepared: X X X X X X Luke Watson 07/26/2012 Exhibit A - Real Property City of Temecula Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) a/ Asset types may include low -mod housing, mixed -income housing, low -mod housing with commercial space, mixed -Income housing with commercial space. b/ May Include California Redevelopment Law, tax credits, state bond indentures, and federal funds requirements. Is the property encumbered by Date of transfer to Construction or acquisition cost funded Construction or acquisition Construction or acquisition Date of construction or Interest In real property (option to Legal Title and Carrying Value Total square Square footage reserved for low- a low -mod housing Source of low- mod housing Housing Successor with Low -Mod Housing Fund costs funded with other costs funded with non -RDA acquisition by the purchase, easement, Item # Type of Asset a/ Description of Asset footage rood housing covenant? covenant b! Agency monies RDA funds funds former RDA etc.) Land 940310050, $2,766,435 184,429 184,429 yes California S5.800.000 07/01/1998 Fee Title 940310051, Redevelopment 922054023, Law 922054022, 922054021 1 Land 922053020, 922053021 $154,500 45,434 38,233 no $154,500 12/21/1999 Fee Title 2 Land 922062010 $84,000 10,370 10,370 no $84,000 07/23/2009 Fee Title 3 4 Land 909370002 54,400.388 1,393,920 1,393,920 no $3,800,000 1994 Fee Title Held by City a/ Asset types may include low -mod housing, mixed -income housing, low -mod housing with commercial space, mixed -Income housing with commercial space. b/ May Include California Redevelopment Law, tax credits, state bond indentures, and federal funds requirements. Exhibit B - Personal Property City of Temecula inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) Item # Type of Asset a/ Description Carrying Value of Asset Date of transfer to Housing Successor Agency Acquisition cost funded with Low -Mod Housing Fund monies Acquisition costs funded with other RDA funds Acquisition costs funded with non- RDA funds Date of acquisition by the former RDA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 a/ Asset types any personal property provided in residences, including furniture and appliances, all housing -related files and loan documents, office supplies, software licenses, and mapping programs, that were acquired for low and moderate income housing purposes, either by purchase or through a loan, in whole or in part, with any source of funds. Exhibit C - Low -Mod Encumbrances City of Temecula Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) Item # Type of housing built or acquired with enforceably obligated funds a/ Date contract for Enforceable Obligation was executed Contractual counterparty Total amount currently owed for the Enforceable Obligation Is the property encumbered by a tow -mod housing covenant? Source of low. mod housing covenant b! Current owner of the property Construction or acquisition cost funded with Low -Mod Housing Fund monies Construction or acquisition costs funded with other RDA funds Construction or acquisition costs funded with non -RDA funds Date of construction or acquisition of the property 1 Low -Mod Housing w/ Commercial Space 02/22/2011 Front Street Plaza Partners LLC 4,000,000 yes California Redevelopmen t Law, Bond Indentures Front Street Plaza Partners LLC $4,000.000 01 -Mar -12 2 Low -Mod Housing 09/22/2009 Summerhouse Housing Associates L.P. 1,080,262 yes California Redevelopmen t Law, Tax Credits Summerhouse Housing Associtates L.P. $7,358,333 29 -Sep -09 3 Low -Mod Housing 02/22/2011 AMCAL Pujol Fund L.P. 1,859,667 yes California Redevelopmen t Law, Tax Credits, Bond Indentures AMCAL Pujol Fudn L.P. 55,579,000 23 -Dec -11 a/ May include low -mod housing, mixed -income housing, low -mod housing with commercial space, mixed -income housing with commercial space. b/ May include Califomia Redevelopment Law, tax credits, state bond Indentures, and federal funds requirements. Exhibit D - Loans/Grants Receivables City of Temecula Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) Item # Was the Low -Mod Housing Fund amount issued for a loan or a grant? Amount of the loan or grant Date the loan or grant was issued Person or entity to whom the loan or grant was issued Purpose for which the funds were loaned or granted Are there contractual requirements specifying the purposes for which the funds may be used? Repayment date, if the funds are for a loan Interest rate of loan Current outstanding loan balance 1 Conditional Loan $ 3,000.000 08/09/2005 D'ALTO Partners LLC Construction/R ehabilitation of Affordable Housing yes 08/09/2060 $ 3.000,000 2 Conditional Loan $ 3,300,000 03/28/2006 Palomar Heritage Building LLC Construction/R ehabilitation of Affordable Housing yes 03/28/2061 $ 3,300,000 3 Conditional Loan $ 2,615,000 07/08/2003 28500 Pujol Street L.P. Construction/R ehabilitation of Affordable Housing yes 07/14/2058 1% $ 3.147,642 4 Conditional Loan $ 305,000 07/01/1998 Temecula Gardens L.P. Construction/R ehabilitation of Affordable Housing yes 06/30/2028 1% $ 347,700 5 Conditional Loan $ 8,438,595 09/22/2009 Summerhouse Housing Associates L.P. Construction/R ehabilitation of Affordable Housing yes 55 years from the Completion of Construction and the issuance of Occupancy 3% $ 7,886,337 6 Conditional Loan $ 6.000,000 08/12/2008 Warehouse at Creekside LLC Construction/R ehabilitation of Affordable Housing yes 08/14/2063 $ 6,000.000 7 Conditional Grant $ 5,579,000 02/22/2011 Amcal Pujol Fund L.P. Construction/R ehabilitation of Affordable Housing yes $ 5,579,000 8 Loan $20,000.00 09/20/1999 Golem, Todd & Christine Construction/R ehabilitation of Affordable Housing Yes 09/20/2029 5.00% $15,846 9 Loan $22,400.00 06/06/2001 Nay, Linda Construction/R ehabilitation of Affordable Housing Yes 06/06/2031 5.00% $9,388 10 Loan $35,053.00 04/21/2009 Weido, Tanya Noel Construction/R ehabilitation of Affordable Housing Yes 04/21/2039 5.00% $35,053 11 Loan $40,800.00 05/05/2009 Deming, Joel and Rene Construction/R ehabilitation of Affordable Housing Yes 04/30/2039 5.00% $40,800 12 Loan $37,980.00 05/19/2009 Stoiber, Gretchen Construction/R ehabilitation of Affordable Housing Yes 05/19/2039 5.00% $37,980 13 Loan $56,961.00 06/23/2009 O'Brien, Olga Construction/R ehabilitation of Affordable Housing Yes 06/23/2039 5.00% $56,961 14 Loan $29,700.00 06/15/2009 Guinto, Jocelyn Construction/R ehabilitation of Affordable Housing Yes 06/15/2039 5.00% $29,700 15 Loan $48:000.00 09/14/2010 Self, Benjamin W Construction/R ehabilitation of Affordable Housing Yes 09/14/2040 5.00% $48,000 16 Loan $42,800.00 01/06/2011 Covarrubias, Xadrian & Giulana Construction/R ehabilitation of Affordable Housing Yes 01/06/2041 5.00% $42,800 17 Loan $7,500.00 08/06/2007 Edward James Olsen Construction/R ehabilitation of Affordable Housing Yes 08/06/2012 5.00% $9.375 18 Forgivable Loan $4,200.00 08/06/2007 Angel & Andelina Mammano Construction/R ehabilitation of Affordable Housing Yes 08/06/2012 5.00% $5,250 19 Forgivable Loan $9,990.00 09/05/2007 Helen Cappellia Construction/R ehabilitation of Affordable Housing Yes 09/05/2012 5.00% $12,446 20 Forgivable Loan $3,950.00 09/19/2007 Cayetano & Melinda Montano Construction/R ehabilitation of Affordable Housing Yes 09/19/2012 5.00% $4.921 21 Forgivable Loan $7.166.00 10/10/2007 Christina C. Vanderharst Construction/R ehabilitation of Affordable Housing Yes 10/10/2012 5.00% $8,898 22 Forgivable Loan $5,491.00 10/22/2007 Mary (side Morelli Construction/R ehabilitation of Affordable Housing Yes 10/22/2012 5.00% $6,818 23 Forgivable Loan $6.579.00 10/03/2007 Tracy Clayton Construction/R ehabilitation of Affordable Housing Yes 10/03/2012 5.00% $8,169 24 Forgivable Loan $6,788.00 10/30/2007 Marcela & Roberto Navarro Construction/R ehabilitation of Affordable Housing Yes 10/30/2012 5.00% $8,428 25 Forgivable Loan $7,500.00 11/14/2007 Deborah High Construction/R ehabilitation of Affordable Housing Yes 11/14/2012 5.00% $9.281 26 Forgivable Loan $6,810.00 11/19/2007 Marguerite and Mary Martin Construction/R ehabilitation of Affordable Housing Yes 11/19/2012 5.00% $8,428 27 Forgivable Loan $6,800.00 01/22/2008 Alan & Lylliam Brandon Construction/R ehabilitation of Affordable Housing Yes 01/22/2013 5.00% $8,358 28 Forgivable Loan $7,500.00 02/07/2008 Joseph & Lisa Digioia Construction/R ehabilitation of Affordable Housing Yes 02/07/2013 5.00% $9,188 29 Forgivable Loan $7:500.00 02/20/2008 Ganiyu Bello Construction/R ehabilitation of Affordable Housing Yes 02/20/2013 5.00% $9,188 30 Forgivable Loan $7,500.00 04/22/2008 Clarence & Esther & Rita Louise Massie Construction/R ehabilitation of Affordable Housing Yes 04/22/2013 5.00% $9,125 31 Forgivable Loan $1,094.00 05/27/2008 Sterlyn & Janie Rigsby Construction/R ehabilitation of Affordable Housing Yes 05/27/2013 5.00% $1,327 32 Forgivable Loan $7.500.00 06/17/2008 Kathaleen McMurray Construction/R ehabilitation of Affordable Housina Yes 06/17/2013 5.00% $9,063 33 Forgivable Loan $6,362.50 06/18/2008 Marvin & Mary Morton Construction/R ehabilitation of Affordable Housing Yes 06/18/2013 5.00% $7,688 34 Forgivable Loan $7,585.50 06/18/2008 Pauline Lois Lucas Construction/R ehabilitation of Affordable Housing Yes 06/18/2013 5.00% $9,166 35 Forgivable Loan $6,450.19 06/18/2008 Helen Chichester Construction/R ehabilitation of Affordable Housing Yes 06/18/2013 5.00% $7,794 36 Forgivable Loan $4.196.00 08/13/2008 Lisa Ybarra Construction/R ehabilitation of Affordable Housing Yes 08/13/2013 5.00% $5,035 37 Forgivable Loan $7,376.17 08/21/2008 Rachel Petricka Construction/R ehabilitation of Affordable Housing Yes 08/21/2013 5.00% $8,851 38 Forgivable Loan $3,342.00 10/13/2008 Authur & Susan Whiting Construction/R ehabilitation of Affordable Housing Yes 10/13/2013 5.00% $3,983 39 Forgivable Loan $6,448.00 11/06/2008 Ursula Preston Construction/R ehabilitation of Affordable Housing Yes 11/06/2013 5.00% $7.657 40 Forgivable Loan $7,500.00 11/06/2008 Thomas Fitzgerald Construction/R ehabilitation of Affordable Housing Yes 11/06/2013 5.00% $8,906 41 Forgivable Loan $3.000.00 12/17/2008 Americo & Angela D'Ambrosio Construction/R ehabilitation of Affordable Housing Yes 12/17/2013 5.00% $3,550 42 Forgivable Loan $7,432.00 03/04/2009 Mollie Manuel) Construction/R ehabilitation of Affordable Housing Yes 03/04/2014 5.00% $8,702 43 Forgivable Loan $7,500.00 03/17/2009 Ahmet & Hulya Baskent Construction/R ehabilitation of Affordable Housing Yes 03/17/2014 5.00% $8.781 44 Forgivable Loan $7,495.02 09/15/2009 Steven & Lena Anocibar Construction/R ehabilitation of Affordable Housing Yes 09/15/2014 5.00% $8,588 45 Forgivable Loan $7,453.28 08/12/2009 Gretchen L. Stoiber Construction/R ehabilitation of Affordable Housing Yes 08/12/2014 5.00% $8,571 46 Forgivable Loan $6,720.00 07/10/2009 Jason Gerber Construction/R ehabilitation of Affordable Housing Yes 07/10/2014 5.00% $7,756 47 Forgivable Loan $6,536.42 08/13/2009 Eric K. & Marjory Plain Construction/R ehabilitation of Affordable Housing Yes 08/13/2014 5.00% $7,517 48 Forgivable Loan $6,153.90 10/20/2009 Shirley Reyes Construction/R ehabilitation of Affordable Housing Yes 10/20/2014 5.00% $7.026 49 Forgivable Loan $3,059.00 06/09/2009 Clarence & Doris Elder Construction/R ehabilitation of Affordable Housing Yes 06/09/2014 5.00% $3,544 50 Forgivable Loan $7,500.00 07/27/2009 Jesus Morga Construction/R ehabilitation of Affordable Housing Yes 07/27/2014 5.00% $8,656 51 Forgivable Loan $7.459.70 07/24/2009 William & Maria Stanton Construction/R ehabilitation of Affordable Housing Yes 07/24/2014 5.00% $8,610 52 Forgivable Loan $5,377.23 07/27/2009 Enid Gessow Construction/R ehabilitation of Affordable Housing Yes 07/27/2014 5.00% $6.206 53 Forgivable Loan $10,000.00 08/24/2010 Jeremy & Sueann Garzon Construction/R ehabilitation of Affordable Housing Yes 08/24/2015 5.00% $11,000 54 Forgivable Loan $10,000.00 08/31/2010 Nicole Glenn Construction/R ehabilitation of Affordable Housing Yes 08/31/2015 5.00% $11,500 55 Forgivable Loan $7,319.00 09/16/2010 Daniel & Brandy Williams Construction/R ehabilitation of Affordable Housing Yes 09/16/2015 5.00% $8,021 56 Forgivable Loan $7,034.12 09/16/2010 Reannette Granzow Construction/R ehabilitation of Affordable Housing Yes 09/16/2015 5.00% $7,708 57 Forgivable Loan $7,954.57 10/01/2010 Oscar Uribe Vargas & Martha Vargas Castro Construction/R ehabilitation of Affordable Housing Yes 10/01/2015 5.00% $8,684 58 Forgivable Loan $10,000.00 10/01/2010 Debra Moreno Construction/R ehabilitation of Affordable Housing Yes 10/01/2015 5.00% $10,917 59 Forgivable Loan $10,000.00 10/28/2010 John & Kristin Bobst Construction/R ehabilitation of Affordable Housing Yes 10/28/2015 5.00% $10,917 60 Forgivable Loan $5,419.00 11/02/2010 Luis & Maria Escalante Construction/R ehabilitation of Affordable Housing Yes 11/02/2015 5.00% $5,893 61 Forgivable Loan $10,000.00 11/24/2010 Misael E. & Amy S. Ortiz Construction/R ehabilitation of Affordable Housing Yes 11/24/2015 5.00% $10,875 62 Forgivable Loan $9.448.00 12/08/2010 Robert & Karen Issleib Construction/R ehabilitation of Affordable Housing Yes 12/08/2015 5.00% $10,235 63 Forgivable Loan $8,626.00 01/31/2011 Brain and Crystal Braught Construction/R ehabilitation of Affordable Housing Yes 01/31/2016 5.00% $9,309 64 Forgivable Loan $9,582.00 02/08/2011 Shana Brooks- Schmit & Sebastien Marc -Guy Schmit Construction/R ehabilitation of Affordable Housing Yes 02/08/2016 5.00% $10,301 65 Forgivable Loan $9,880.00 03/07/2011 Robert G. Martinez Construction/R ehabilitation of Affordable Housing Yes 03/07/2016 5.00% $10,580 66 Forgivable Loan $7,973.50 03/14/2011 Michele Alexander Construction/R ehabilitation of Affordable Housing Yes 03/14/2016 5.00% $8,538 67 Forgivable Loan $8,990.00 04/06/2011 Olga O'Brien Construction/R ehabilitation of Affordable Housing Yes 04/06/2016 5.00% $9,589 68 Forgivable Loan $7.676.25 03/15/2011 Juanita Diaz Construction/R ehabilitation of Affordable Housing Yes 03/15/2016 5.00% $8,220 69 Forgivable Loan $5,766.88 05/12/2011 Joel & Rene Deming Construction/R ehabilitation of Affordable Housing Yes 05/12/2016 5.00% $6,127 70 Forgivable Loan $10,000.00 03/16/2011 Philip & Carrie Sanchez Construction/R ehabilitation of Affordable Housing Yes 03/16/2016 5.00% $10.708 71 Forgivable Loan $9,545.00 03/16/2011 Jose & Regina Diaz Construction/R ehabilitation of Affordable Housing Yes 03/16/2016 5.00% $10,221 Exhibit E - Rents/Operations City of Temecula Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) Item # Type of payment a/ Type of property with which they payments are associated bl Property owner Entity that collects the payments Entity to which the collected payments are ultimately remitted Purpose for which the payments are used Is the property encumbered by a low -mod housing covenant? Source of low- mod housing covenant cl Item # from Exhibit A the rent/operation is associated with (if applicable) 1 Residual Reciept Low -Mod Housing 28500 Pujol Street L.P. Housing Successor Agency Housing Successor Agency Affordable Housing Yes California Redevelopment Law 2 Annual Compliance Monitoring Fee Low -Mod Housing Temecula Gardens L.P. Housing Successor Agency Housing Successor Agency Affordable Housing Yes California Redevelopment Law 1 3 Annual Compliance Monitoring Fee Low -Mod Housing 28500 Pujol Street L.P. Housing Successor Agency Housing Successor Agency Affordable Housing Yes California Redevelopment Law 4 Annual Compliance Monitoring Fee Low -Mod Housing Cochella Valley Housing Coalition Housing Successor Agency Housing Successor Agency Affordable Housing Yes California Redevelopment Law 5 Principal and Interest from Homeowners Low -Mod Housing Golem, Todd & Christine Housing Successor Agency Housing Successor Agency Creation of maintenance for affordable housing Yes California Redevelopment Law 6 Principal and Interest from Homeowners Low -Mod Housing Nay, Linda Housing Successor Agency Housing Successor Agency Creation of maintenance for affordable housing Yes California Redevelopment Law 7 Principal and Interest from Homeowners Low -Mod Housing Weido, Tanya Noel Housing Successor Agency Housing Successor Agency Creation of maintenance for affordable housing Yes California Redevelopment Law 8 Principal and Interest from Homeowners Low -Mod Housing Deming, Joel and Rene Housing Successor Agency Housing Successor Agency Creation of maintenance for affordable housing Yes California Redevelopment Law 9 Principal and Interest from Homeowners Low -Mod Housing Stoiber, Gretchen Housing Successor Agency Housing Successor Agency Creation of maintenance for affordable housing Yes California Redevelopment Law 10 Principal and Interest from Homeowners Low -Mod Housing O'Brien, Olga Housing Successor Agency Housing Successor Agency Creation of maintenance for affordable housing Yes California Redevelopment Law 11 Principal and Interest from Homeowners Low -Mod Housing Guinto, Jocelyn Housing Successor Agency Housing Successor Agency Creation of maintenance for affordable housing Yes California Redevelopment Law 12 Principal and Interest from Homeowners Low -Mod Housing Self, Benjamin W Housing Successor Agency Housing Successor Agency Creation of maintenance for affordable housing Creation of maintenance for affordable housing Yes Yes California Redevelopment Law California Redevelopment Law 13 Principal and Interest from Homeowners Low -Mod Housing Covarrubia s, Xadrian & Giulana Housing Successor Agency Housing Successor Agency payments from developers, conditional grant repayments, costs savings and commercial space, mixed -income housing with commercial space. and federal funds requirements. Exhibit F - Rents City of Temecula Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) a/ May include rents or home loan payments. b/ May include low -mod housing, mixed -income housing, low -mod housing with commercial space, mixed -income housing with commercial space. c/ May include California Redevelopment Law, tax credits, state bond indentures, and federal funds requirements. Type of property Entity to which the collected Purpose for Is the property encumbered Item # from Exhibit A the rent with which the Entity that payments are which the by a tow -mod Source of low- is associated payments are Property collects the ultimately payments are housing mod housing with (If Item # Type of payment a/ associated b/ owner payments remitted used covenant? covenant c/ applicable) Temecula Gardens Housing Successor Housing Successor Creation and maintenance of affordable California Redevelopment Law, Bond 1 Ground Lease Rent Low -Mod Housing L.P. Agency Agency housing yes Indentures 1 28500 Pujol Housing Successor Housing Successor Creation and maintenance of affordable California Redevelopment 2 Residual Reciept Low -Mod Housing Street L.P. Agency Agency housing yes Law a/ May include rents or home loan payments. b/ May include low -mod housing, mixed -income housing, low -mod housing with commercial space, mixed -income housing with commercial space. c/ May include California Redevelopment Law, tax credits, state bond indentures, and federal funds requirements. Exhibit G - Deferrals City of Temecula Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) Item # Purpose for which funds were deferred Fiscal year in which funds were deferred Amount deferred Interest rate at which funds were to be repaid Current amount owed Date upon which funds were to be repaid 1 HSC 33690 (c)(1) & HSC 33690.5 (c)(1) 2009-2010 $ 4,354,450 $ 4,354,450 2015 2 HSC 33690 (c)(1) & HSC 33690.5 (c)(1) 2010-2011 $ 896,504 $ 896.504 2015 PUBLIC HEARING Item No. 22 Approvals City Attorney Chief Financial Officer City Manager M -r-• CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Heidi Schrader, Acting Chief Financial Officer DATE: February 12, 2013 SUBJECT: Approval for levying an assessment for Fiscal Year 2013-14 in connection with the Temecula Valley Tourism Business Improvement District (TVTBID) PREPARED BY: Christine Damko, Economic Development Analyst RECOMMENDATION: 1. Conduct a public hearing to consider protests regarding the levy of an assessment in conjunction with the Temecula Valley Tourism Business Improvement District; 2. Instruct the City Clerk to tabulate any written protests which might be received prior to the close of the public hearing regarding the levy of the District; 3. If the City Clerk reports that there is not a majority protest received regarding this District, then adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA LEVYING AN ASSESSMENT FOR FISCAL YEAR 2013-2014 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) BACKGROUND: On December 13, 2005, a Public Hearing was held to consider protests regarding the formation of the Temecula Valley Tourism Business Improvement District (TVTBID). A majority protest was not received and, therefore, Council enacted an ordinance establishing the TVTBID. Also adopted were resolutions to levy an annual assessment and resolutions to establish an advisory board for the TVTBID. A Management Agreement between the City of Temecula and The Convention and Visitors Bureau (CONVIS) was also approved for the operation and administration of the TVTBID. The formation of the TVTBID was initiated by the lodging establishments and the CONVIS and currently is comprised of 15 lodging establishments within the City limits of Temecula. There were no new lodging businesses established in Fiscal Year 2012-013. In addition, there are currently no new lodging businesses anticipated to open in Fiscal Year 2013-14. According to the Parking and Business Improvement Area Law of 1989 (the Law), the City Council is authorized to annually undertake proceedings to levy an assessment against businesses within the TVTBID. In accordance with Section 36533 of the Law, the TVTBID Advisory Board has prepared and filed with the City Clerk a report for Fiscal Year 2013-14. The report, which was presented to City Council and approved on January 22, 2013, thoroughly details the proposed budget and activities, and programs and events for the District for the coming year. After approving the report, City Council adopted Resolution No. 13-03 to declare its intention to levy an assessment against lodging businesses for Fiscal Year 2013-14 within the District and to set the time and place of a Public Hearing regarding the levy of the District. The annual levy represents 4% of the room rates collected. This levy is an assessment on the lodging guests at lodging establishments within the City of Temecula and not on the citizens of Temecula. These funds are expended for the purpose of marketing and promoting tourism in the Temecula Valley area as a tourist destination to the special benefit of lodging businesses located and operating within the boundaries of the District. The 2013-2014 Marketing Plan for the TVTBID shows the specific advertising and trade show participation for the marketing of lodging establishments in the City of Temecula as well as other actions designed to market and assist lodging establishment in the increasing their business. For example, all lodging establishments within the City of Temecula receive a '/2 page ad in the Visitors Guide and Meeting Planner Guides as well as an online banner ad on the CONVIS website and online Wedding Planner Guide. Direct booking of City of Temecula hotel rooms are also made available via the CONVIS website. All City of Temecula lodging establishments are invited to participate in media tours and trade show events with CONVIS Staff. The Report also shows the success of these efforts in that occupancy for the lodging establishments in the City of Temecula has increased 3.7% during the past year while the average daily room rate has increased 8.4% to $96.91 over last year. To date, there have been no protests against the assessment by any of the lodging operators. In fact, all lodging operators within the City of Temecula that are subject to the assessment have affirmatively expressed their support for continuing the assessment. The Convention and Visitors Bureau is responsible for the budgeting and spending of the funds in accordance with the Management Agreement between the City of Temecula and the Convention and Visitors Bureau for the operation and administration of the Temecula Valley Tourism Business Improvement District for the purposes of attracting more customers who will patronize the lodging business in the City of Temecula as identified in Chapter 3.40 of the Temecula Municipal Code. At this Public Hearing, testimony will be heard and protests may be made by any person with an interest in the proposed levy. In the absence of a majority protest, it is recommended that the City Council adopt the resolution to levy the assessment for the Fiscal Year 2013-14 (March 1, 2013 through February 28, 2014). FISCAL IMPACT: It is anticipated that the 4% annual assessment would result in the collection of approximately $1,338,511 in Fiscal Year 2013-14 which would be used by the CONVIS for the promotion of tourism to specially benefit the assessed lodging businesses in the district. The City would receive up to 2% of the assessments, or approximately $26,770, to offset administrative costs. ATTACHMENTS: Resolution No. 13- RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA LEVYING AN ASSESSMENT FOR FISCAL YEAR 2013-2014 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Parking and Business Improvement Area Law of 1989, California Streets and Highways Code Section 36500 et seq. (the "Act"), authorizes the City Council (the "City Council") of the City of Temecula (the "City") to levy an assessment against businesses within a parking and business improvement area which is in addition to any assessments, fees, charges, or taxes imposed in the City. Section 2. Pursuant to the Act, the City Council adopted Ordinance No. 05-16 establishing the Temecula Valley Tourism Business Improvement District (the "District") in the City. Section 3. The boundaries of the District are the boundaries of the City and include all lodging businesses therein (as defined in Temecula Municipal Code Section 3.40.020). Section 4. In accordance with Section 36533 of the Law, the Advisory Board for the District prepared and filed with the City Clerk reports entitled "2012-2013 Annual Report" and "2013-2014 Annual Report: Budget and Marketing Plan" (the "Reports"), and on January 22, 2013, Resolution No. 13-03, the City Council preliminarily approved such Report as filed. Section 5. On January 22, 2013, the City Council adopted its Resolution of Intention, Resolution No. 13-03, declaring its intention to levy and collect an assessment for fiscal year 2013-2014 (March 1, 2013 through February 28, 2014) against lodging businesses in the District. Section 6. Following notice duly given pursuant to law, the City Council has held a full and fair public hearing regarding the levy and collection of an assessment within the District for fiscal year 2013-2014. At the public hearing, the testimony of all interested persons regarding the levy of an assessment against lodging businesses within the District for fiscal year 2013-2014 was heard and considered. The City Council hereby determines that there was no majority protest within the meaning of the Act. Section 7. Based upon its review of the Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, and other reports and information presented to the City, the City Council hereby finds and determines that (i) the lodging businesses in the District will be specially benefited by the expenditure of funds raised by the assessment for fiscal year 2013-2014, (ii) the District includes all of the businesses so benefited; and (iii) the net amount of the assessment levied within the District for fiscal year 2013-2014 in accordance with Resolution No. 13-03, the Report, and Chapter 3.40 of the Temecula Municipal Code is apportioned by a formula and method which fairly distributes the net amount in proportion to the estimated benefits to be received by each such lodging business. Section 8. The City Council hereby confirms the Report as originally filed. Section 9. The adoption of this Resolution constitutes the levy of an assessment for fiscal year 2013-2014. The assessment formula is set forth in Chapter 3.40 of the Temecula Municipal Code. Assessments shall be paid in monthly installments. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of February, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of February, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk COUNCIL BUSINESS Item No. 23 Approvals City Attorney Chief Financial Officer City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: February 12, 2013 SUBJECT: Ordinance Amending Section 10.28.010(D) of the Temecula Municipal Code Regarding Prima Facie Speed Limits on Certain Streets PREPARED BY: Jerry Gonzalez, Associate Engineer - Traffic RECOMMENDATION: Introduce and read by title only an ordinance entitled: ORDINANCE NO. 13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS SUMMARY OF ORDINANCE: The Temecula Municipal Code is hereby amended as follows to modify the declared prima facie speed limits only on the following streets: Name of Street And Portion Affected Declared Prima Facie Speed Limit Miles Per Hour Anza Road Peppercorn Drive to Drymen Avenue 40 Business Park Drive Diaz Road to Rancho California Road 35 Date Street Ynez Road to Lakeview Road 50 Date Street Lakeview Road to East City Limits 45 Name of Street And Portion Affected Deer Hollow Way Pechanga Parkway to Peppercorn Drive 45 Margarita Road North City Limits to De Portola Road 45 Declared Prima Facie Speed Limit Miles Per Hour Margarita Road De Portola Road to Temecula Parkway 35 Nicolas Road Winchester Road to Calle Girasol 45 Old Town Front Street Santiago Road to Temecula Parkway 40 Overland Drive Commerce Center Drive to Jefferson Avenue 35 Overland Drive Jefferson Avenue to Margarita Road 40 Pauba Road Ynez Road to La Primavera Street 40 Pauba Road La Primavera Street to Via Rami 45 Pauba Road Via Rami to Butterfield Stage Road 50 Rainbow Canyon Road Pechanga Parkway to South City Limits 40 Wolf Valley Road Pechanga Parkway to Redhawk Parkway 45 BACKGROUND: The California Vehicle Code requires local authorities to review and reaffirm or adjust speed limits within their jurisdictions every seven (7) years on the basis of an Engineering and Traffic Survey. The required speed limit update provides the mechanism for the legal enforcement of the posted speed limit by the use of radar or any other electronic speed measuring device. As defined in the California Vehicle Code, an engineering and traffic survey is "a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation (Caltrans) for use by state and local authorities." The survey shall include, but not limited to, consideration of prevailing speeds as determined traffic engineering measurements, accident statistics, and highway, traffic, and roadside conditions not readily apparent to the driver. These characteristics are all considered when determining a reasonable and prudent posted speed limit. It should be noted that establishing a speed limit, which is not consistent with the 85`" percentile speed, constitutes a "speed trap" and is not enforceable by the use of radar or any other electronic speed measuring device. An Engineering and Traffic Survey was performed by Willdan Engineering on twelve (12) arterials, which included forty-four (44) segments. The survey indicates that the majority of speed limits do not require a change, and the recommended speed limits are consistent with the existing posted speed limits. However, there are six (6) segments where a decrease in the posted speed limit is being recommended. The segments are as follows: • Margarita Road — North City Limits to Rustic Glen Drive 50 MPH to 45 MPH • Margarita Road — Rustic Glen Drive to Harveston Way 50 MPH to 45 MPH • Margarita Road — Harveston Way to Winchester Road 50 MPH to 45 MPH • Margarita Road — De Portola Road to Temecula Parkway 40 MPH to 35 MPH • Pauba Road — Ynez Road to La Primavera Street 45 MPH to 40 MPH • Pauba Road — Margarita Road to Via Rami 50 MPH to 45 MPH The survey also revealed one (1) segment where the 85th percentile speed has increased from the previous survey and an increase in the posted speed limit is being recommended. The segment is as follows: • Overland Drive — Commerce Center Drive to Jefferson Avenue 30 MPH to 35 MPH The recommended increase on this segment conforms to the requirements of the California Vehicle Code and the Caltrans MUTCD for establishing prudent posted speed limits that are consistent with roadway conditions, prevailing speeds, and more importantly, enforceable. At their meeting of January 24, 2013, the Public/Traffic Safety Commission considered the proposed speed limit changes and approved (5-0) the staff recommendation that the City Council adopt an Ordinance establishing the speed limits identified in Exhibit "A". FISCAL IMPACT: Adequate funds are available in the Public Works Sign Maintenance Account No. 001.164.602.5244 and Public Works Striping and Stenciling Account No. 001.164.602.5410. ATTACHMENTS: 1. Ordinance No. 13- 2. Exhibit "A" Engineering and Traffic Survey Summary of Recom mendations ORDINANCE NO. 13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 10.28.010(D) of the Temecula Municipal Code is hereby amended as follows to modify the declared prima facie speed limits only on the following streets: Name of Street And Portion Affected Declared Prima Facie Speed Limit Miles Per Hour Anza Road Peppercorn Drive to Drymen Avenue 40 Business Park Drive Diaz Road to Rancho California Road 35 Date Street Ynez Road to Lakeview Road 50 Date Street Lakeview Road to East City Limits 45 Deer Hollow Way Pechanga Parkway to Peppercorn Drive 45 Margarita Road North City Limits to De Portola Road 45 Margarita Road De Portola Road to Temecula Parkway 35 Nicolas Road Winchester Road to Calle Girasol 45 Old Town Front Street Santiago Road to Temecula Parkway 40 Overland Drive Commerce Center Drive to Jefferson Avenue 35 Overland Drive Jefferson Avenue to Margarita Road 40 Pauba Road Ynez Road to La Primavera Street 40 Pauba Road La Primavera Street to Via Rami 45 Pauba Road Via Rami to Butterfield Stage Road 50 Rainbow Canyon Road Pechanga Parkway to South City Limits 40 Wolf Valley Road Pechanga Parkway to Redhawk Parkway 45 Section 2. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 3. The City Council shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 13- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 12th day of February, 2013, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Exhibit "A" - Engineering and Traffic Survey Summary of Recommendations Location Segment Posted Speed Limit Recommended Speed Limit 1. Anza Road Peppercorn Drive to Drymen Avenue 40 40 2. Business Park Drive Diaz Road to Rancho Way 35 35 Rancho Way to Rancho California Road 35 35 3. Date Street Ynez Road to Lakeview Road 50 50 Lakeview Road to Margarita Road 45 45 Margarita Road to East City Limits 45 45 4. Deer Hollow Way Pechanga Parkway to Vial La Colorada 45 45 Via La Colorada to Peppercorn Drive 45 45 5. De Portola Road Jedediah Smith Road to Margarita Road 45 45 Margarita Road to Meadows Parkway 45 45 Meadows Parkway to Campanula Way East 45 45 Butterfield Stage Road to East City Limits 45 45 6. Margarita Road North City Limits to Rustic Glen Drive 50 45 Rustic Glen Drive to Harveston Way 50 45 Harveston Way to Winchester Road 50 45 Winchester Road to North General Kearny Road 45 45 North General Kearny Road to Overland Drive 45 45 Overland Drive to Solana Way 45 45 Solana Way to Moraga Road 45 45 Moraga Road to Avenida Barca 45 45 Avenida Barca to La Serena Road 45 45 La Serena Road to Rancho California Road 45 45 Rancho California Road to Rancho Vista Road 45 45 Rancho Vista Road to Pauba Road 45 45 Pauba Road to Santiago Road 45 45 Santiago Road to Pio Pico Road 45 45 Pio Pico Road to De Portola Road 45 45 De Portola Road to Temecula Parkway 40 35 7. Nicolas Road Winchester Road to North General Kearny Road 45 45 North General Kearny Road to Calle Medusa 45 45 Calle Medusa to Calle Girasol 45 45 8. Old Town Front Street Santiago Road to Temecula Parkway 40 40 9. Overland Drive Commerce Center Drive to Jefferson Avenue 30 35 Jefferson Avenue to Ynez Road 40 40 Ynez Road to Margarita Road 40 40 Exhibit "A" - Engineering and Traffic Survey Summary of Recommendations Location Segment Posted Speed Limit Recommended Speed Limit 10. Pauba Road Ynez Road to La Primavera Street 45 40 La Primavera Street to Margarita Road 45 45 Margarita Road to Via Rami 50 45 Via Rami to Meadows Parkway 50 50 Meadows Parkway to Butterfield Stage Road 50 50 11. Rainbow Canyon Road Pechanga Parkway to Bayhill Drive 40 40 Bayhill Drive to South City Limits 40 40 12. Wolf Valley Road Pechanga Parkway to Redhawk Parkway 45 45 XX — DECREASE TO POSTED SPEED LIMIT XX — INCREASE TO POSTED SPEED LIMIT Supplemental Material for Council Business Item No. 23 (Ordinance regarding Speed Limits) ORDINANCE NO. 13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 10.28.010(D) of the Temecula Municipal Code is hereby amended as follows to modify the declared prima facie speed limits only on the following streets: Name of Street And Portion Affected Declared Prima Facie Speed Limit Miles Per Hour. Anza Road Peppercorn Drive to Drymen Avenue 40 Business Park Drive Diaz Road to Rancho California Road 35 Date Street Ynez Road to Lakeview Road 50 Date Street Lakeview Road to East City Limits 45 De Portola Road Jedediah Smith Road to East City Limits 45 Deer Hollow Way Pechanga Parkway to Peppercorn Drive 45 Margarita Road North City Limits to De Portola Road 45 Margarita Road De Portola Road to Temecula Parkway 35 Nicolas Road Winchester Road to Calle Girasol 45 Old Town Front Street Santiago Road to Temecula Parkway 40 Overland Drive. Commerce Center Drive to Jefferson Avenue 35 Overland Drive Jefferson Avenue to Margarita Road 40 Pauba Road Ynez Road to La Primavera Street 40 Pauba Road La Primavera Street to Via Rami 45 Pauba Road Via Rami to Butterfield Stage Road 50 Rainbow Canyon Road Pechanga Parkway to South City Limits 40 Wolf Valley Road Pechanga Parkway to Redhawk Parkway 45 Section 2. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 3. The City. Council shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of February, 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 13- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 12th day. of February, 2013, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Item No. 24 Approvals City Attorney Chief Financial Officer City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Development Services DATE: February 12, 2013 SUBJECT: Reinstate Old Town Civic Center Ad Hoc Subcommittee and Appoint Members of the City Council to Serve on the Ad Hoc Subcommittee PREPARED BY: Lynn Kelly -Lehner, Senior Management Analyst RECOMMENDATION: Reinstate the Old Town Civic Center Ad Hoc Subcommittee and appoint two members of the City Council to serve on the Ad Hoc Subcommittee. BACKGROUND: City Council has established the policy of appointing one of its members to serve as a liaison to each of the City Commissions. This policy also included appointing Council Members to serve as the Council's representatives to external organizations and on a number of standing committees and Ad Hoc Subcommittees. This structure is recommended to facilitate an efficient flow of communication. Ad Hoc Subcommittees are formed for a specific limited purpose and will operate for a limited time until its purposes are fulfilled, as opposed to a standing committee that has continuing subject matter jurisdiction. The Old Town Civic Center Ad Hoc Subcommittee is responsible for reviewing and providing general guidance to the Civic Center in Old Town. It is also responsible for evaluating and negotiating terms and conditions associated with the disposition and development of the City owned property located adjacent to Town Square along Main Street in Old Town. The term of this Ad Hoc Subcommittee is through the completion of the Civic Center and the adjacent properties. On January 22, 2013, City Council approved the deletion of the Old Town Civic Center Ad Hoc Subcommittee. Upon further evaluation, it is recommended to reinstate the Ad Hoc Subcommittee until the development of the property adjacent to Town Square is complete. Staff recommends the appointment of Council Members Roberts and Comerchero to the Old Town Civic Center Ad Hoc Subcommittee. FISCAL IMPACT: There will be no fiscal impact to the City. ATTACHMENTS: None REQUESTS TO SPEAK City Council Meeting 02/12/13 REQUEST TO SPEAK 12. CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. Date 4 / I wish to speak on Agenda Item No?. A' -sr Subject ❑ For ❑ Against ❑ Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Name: Phone: Address: City/State/Zip If you are representing an organization or group, please give the name: Date REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. -- /2- i3 I wish to speak on Agenda Item No. 9 Subject For n Against nPublic Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Name: Address: Phone: City/State/Zip If you are representing an organization or group, please give the name: REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. / 3 I wish to speak on Agenda Item No. Subject ❑ For ❑ Against ❑ Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. 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The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. Date I wish to speak on Agenda Item No. `/ Subject For Against Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Name:/7i e Phone: Address: City/State/Zip If you are representing an organization or group, please give the name: REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. Dat /'c 'J 3 I wish to speak on Agenda Item No. fr Subject El For ❑ Against n Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. 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The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. Date /c I wish to speak on Agenda Item No. ea— Subject nFor n Against Public Comment Please note that all information presented at a City Council meeting becomes public record All informationmtiprovided is optional. Name: Address: Phone: City/State/Zip If you are representing an organization or group, please give the name: Date REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. Subject-Al2(211)U0-32-Irk) T::> For Against Public Comment I wish to speak on Agenda Item No. 22 Please note that all information presented at a City Council meeting becomes public record All information provided is optional. 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The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. 213 Subject MOKr1,D,.." I wish to speak on Agenda Item No. Cii.1N T.F..,0-gc io. nFor n Against Public Comment Please note that all information presented at a City Council meeting becomes public record All information provided is optional. Name:_ 0 LO E7‹. Address: .) City/State/Zip If you are representing an organization or group, please give the name: Phone: & f Date REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. Subject For Against I wish to speak on Agenda Item No. Public Comment Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Name: e C(CA_T-Z--G..) 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