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032514 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MARCH 25, 2014 — 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. Next in Order: Ordinance: 14-03 Resolution: 14-17 CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Jihu Lee Invocation: Lead Pastor John Ruhlman of Sandals Church Flag Salute: Council Member Naggar ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards 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. 1 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 March 11, 2014. 3 List of Demands RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Results of the Asset Transfer Review of the Temecula Redevelopment Agency RECOMMENDATION: 4.1 That the City Council receive and file the Asset Transfer Review report, dated March 14, 2014. 5 Support for HR 3978 (Sires) The New Opportunities for Bicycle and Pedestrian Infrastructure Financing Act (at the request of Mayor Pro Tem Comerchero and Council Member Roberts) RECOMMENDATION: 5.1 That the City Council Support HR 3978 (Sires) The New Opportunities for Bicycle and Pedestrian Infrastructure Financing Act and direct the City Manager to draft a letter of support to be signed by the Mayor. 2 6 Support for SB 69 (Roth) and AB 1521 (Fox) Vehicle License Fee Adjustment (at the request of Council Member Washington) RECOMMENDATION: 6.1 That the City Council Support Senate Bill 69 (Roth) and Assembly Bill 1521 (Fox) and direct the City Manager to draft letters of support presenting the City's position to be signed by the Mayor. 7 Management Compensation Plan and Employee Computer Purchase Program RECOMMENDATION: 7.1 Approve the update to the Management Compensation Plan in substantially the form attached hereto; 7.2 Approve the update to the Employee Computer Purchase Program and authorize the City Manager to make subsequent changes and updates. 8 City Classification Plan Update RECOMMENDATION: 8.1 Approve an updated comprehensive Classification Plan in substantially the form attached hereto; 8.2 Authorize the City Manager, or his/her designee, to modify the Classification Plan when necessary. 9 Purchase of 50 HP Desktop Computers RECOMMENDATION: 9.1 That the City Council authorize the purchase of 50 HP EliteDesk 800 G1 Ultra Slim desktop computers from Cyber Computers, Inc., in the amount of $40,770, including sales tax and shipping. 10 Establishing Fees for Taxicab Permits RECOMMENDATION: 10.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING FEES AND CHARGES ASSOCIATED WITH CHAPTER 12.08 OF THE TEMECULA MUNICIPAL CODE RELATING TO TAXICABS 3 11 City of Temecula Monument Sign at Mercedes-Benz of Temecula; Easement and Funding RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN EASEMENT FOR A CITY MONUMENT SIGN AND MAINTENANCE ACCESS LOCATED NEAR THE NORTHWEST CORNER OF THE MERCEDES -BENZ OF TEMECULA SITE AT 40950 TEMECULA CENTER DRIVE (PLANNING APPLICATION NOS. PA07-0335 AND PA13-0010) 11.2 Approve the transfer of $40,500 of Development Impact Fees — Public Art (DIF) from the Old Town Public Art Project to the Temecula Entry Monument Project. 12 Second Amendment with KTU+A for Phase II of the Multi -Use Trails and Bikeways Master Plan Update RECOMMENDATION: 12.1 Approve the Second Amendment to the Agreement with KTU+A, in the amount of $123,055, for Phase II of the Multi -Use Trails and Bikeways Master Plan Update; 12.2 Authorize the City Manager to approve Extra Work Authorizations, not to exceed the contingency amount of $12,305, which is 10% of the Second Amendment, for a total Agreement amount of $190,200. 13 Payment of the City of Temecula's share of the Regional Municipal Stormwater Permit for the Santa Margarita Watershed for Fiscal Year 2013-14 RECOMMENDATION: 13.1 That the City Council approve payment to Riverside County Flood Control and Water Conservation District (RCFCWCD), in the amount of $213,682.16, which is the City of Temecula's portion of the cost-sharing reimbursement pursuant to the Implementation Agreement between the permittees of the Santa Margarita Watershed (SMW). 14 City Consent for Professional Hospital Supply to Transfer the 2007 Operating Covenant Agreement to Medline Industries RECOMMENDATION: 14.1 That the City Council approve the "Consent to Transfer" agreement providing for the transfer of Professional Hospital Supplies' rights and obligations under the Operating Covenant Agreement, dated September 25, 2007, between the City and PHS, to Medline Industries, as part of Medline's acquisition of PHS, and authorize the Mayor to execute the Consent to Transfer on behalf of the City. 4 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 ******************** 5 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 14-01 Resolution: No. CSD 14-02 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. 15 Action Minutes RECOMMENDATION: 15.1 Approve the action minutes of March 11, 2014. 16 First Amendment with Sherry Berry Music for Concession Services at the Old Town Temecula Community Theater RECOMMENDATION: 16.1 That the Board of Directors approve the First Amendment to the Agreement with Sherry Berry Music to extend the term to April 1, 2015 and continue to provide concession services at the Old Town Temecula Community Theater. 6 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, April 8, 2014, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 7 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY — no meeting TEMECULA HOUSING AUTHORITY — no meeting TEMECULA PUBLIC FINANCING AUTHORITY — no meeting 8 RECONVENE TEMECULA CITY COUNCIL DEPARTMENTAL REPORTS 17 Community Development Department Monthly Report 18 Police Department Monthly Report 19 Public Works Department Monthly Reports CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, April 8, 2014, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NOTICE 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.citvoftemecula.org — 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. 9 CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MARCH 11, 2014 — 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) CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(2) with respect to two matters of pending litigation: (1) "The People of the State of California and City of Temecula v. Cooperative Patient Services, et. al.," Riverside County Superior Court No. RIC 1103777; and (2) "Anthony Dragonetti v. Mad Madeline's and City of Temecula et. al.", Riverside County Superior Court No. MCC 1300275. 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 Edwards 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 7:00 P.M. CALL TO ORDER: Prelude Music: Invocation: Flag Salute: ROLL CALL: PUBLIC COMMENTS The following individuals addressed the City Council: Mayor Maryann Edwards Athena Konicki Pastor Tiffany Baker of The Empowerment Center Mayor Pro Tem Comerchero Comerchero, Naggar, Roberts, Washington, Edwards • Lyle Wells • Carl Nielsen • Jane McMackin • Frank Taylor • Marion Mair • Tom De Mott Action Minutes 031114 1 CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (3-0-2, with Council Member Comerchero and Council Member Roberts absent) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval by Council Members Naggar, Washington and Edwards with Council Member Comerchero and Council Member Roberts 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 (3-0-2, with Council Member Comerchero and Council Member Roberts absent) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval by Council Members Naggar, Washington and Edwards with Council Member Comerchero and Council Member Roberts absent. RECOMMENDATION: 2.1 Approve the action minutes of February 25, 2014. 3 List of Demands — Approved Staff Recommendation (3-0-2, with Council Member Comerchero and Council Member Roberts absent) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval by Council Members Naggar, Washington and Edwards with Council Member Comerchero and Council Member Roberts absent. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of January 31, 2014 — Approved Staff Recommendation (3-0-2, with Council Member Comerchero and Council Member Roberts absent) Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval by Council Members Naggar, Washington and Edwards with Council Member Comerchero and Council Member Roberts absent. RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as of January 31, 2014. Action Minutes 031114 2 RECESS At 7:42 P.M., the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:46 P.M., the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 6 Global Citizens Viticulture/Hospitality Vocational Program (at the request of Council Member Naggar) — Approved Staff Recommendation (3-0-2, with Council Member Comerchero and Council Member Roberts absent) Council Member Naggar made the motion that the City approve the program and give funding direction to support the program through Fiscal Year 13/14; it was seconded by Council Member Washington; and electronic vote reflected approval by Council Members Naggar, Washington and Edwards with Council Member Comerchero and Council Member Roberts absent. RECOMMENDATION: 6.1 That the City Council provide input and make funding recommendations for the implementation of the Global Citizens Viticulture/Hospitality Vocational Program. The following individuals addressed the City Council on Item 6: • Julia Roguff • Anthony Anselmo • Mark Anselmo • Catherine and Doug Snodgrass • Kathleen Rios • Greg and Jennifer Smith • Theresa Sester CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson reported the City Council gave direction with respect to the two litigation items and advised that there were no reportable actions from the closed session under the Brown Act. Action Minutes 031114 3 ADJOURNMENT At 8:47 P.M., the City Council meeting was formally adjourned to Tuesday, March 25, 2014, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Maryann Edwards, Mayor ATTEST: Gwyn R. Flores, CMC Acting City Clerk [SEAL] Action Minutes 031114 4 Item No. 3 TO: FROM: DATE: SUBJECT: Approvals City Attorney Finance Director City Manager .14 CITY OF TEMECULA AGENDA REPORT City Manager/City Council Jennifer Hennessy, Finance Director March 25, 2014 List of Demands PREPARED BY: RECOMMENDATION: Pascale Brown, Accounting Manager Jada Shafe, Accounting Specialist That the City Council adopt a resolution entitled: RESOLUTION NO. 14- 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. 14- 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 $3,575,607.18. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of March, 2014. Maryann Edwards, Mayor ATTEST: Gwyn R. Flores, CMC Acting City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Gwyn R. Flores, CMC, Acting City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 14- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25th day of March, 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Gwyn R. Flores, CMC Acting City Clerk CITY OF TEMECULA LIST OF DEMANDS 02/27/2014 TOTAL CHECK RUN $ 1,010,695.23 03/06/2014 TOTAL CHECK RUN 2,145,824.46 02/27/2014 TOTAL PAYROLL RUN: 419,087.49 TOTAL LIST OF DEMANDS FOR 03/25/2014 COUNCIL MEETING: $ 3,575,607.18 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 1,869,495.18 135 BUSINESS INCUBATOR RESOURCE 780.05 140 COMMUNITY DEV BLOCK GRANT 3,720.22 150 AB 2766 FUND 1,636.10 165 SARDA AFFORDABLE HOUSING 4,881.46 190 TEMECULA COMMUNITY SERVICES DISTRICT 177,287.86 192 TCSD SERVICE LEVEL B 166.01 194 TCSD SERVICE LEVEL D 1,416.60 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 2,600.76 197 TEMECULA LIBRARY FUND 16,177.10 210 CAPITAL IMPROVEMENT PROJECTS FUND 381,690.85 300 INSURANCE FUND 3,533.77 320 INFORMATION TECHNOLOGY 68,153.13 330 SUPPORT SERVICES 16,341.80 340 FACILITIES 36,702.09 375 SUMMER YOUTH EMPLOYMENT PROGRAM 14.60 380 SARDA DEBT SERVICE FUND 19,435.07 395 2011 FINANCING LEASE 2001 & 2008 COPS 535,282.29 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 1,294.19 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 341.74 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 53.89 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 140.64 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 680.96 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 272.71 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 424.71 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 2,258.85 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 64.71 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 122.96 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 36.43 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 1,802.86 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 26.61 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 389.73 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 155.14 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 611.29 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 42.55 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 2,217.71 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 142.17 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 2,916.96 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 1,906.13 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 91.71 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 7.41 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 309.47 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 355.35 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 54.86 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 201.89 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 234.12 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 47.00 $ 3,156,519.69 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 262,419.89 140 COMMUNITY DEV BLOCK GRANT 1,749.95 165 SARDA AFFORDABLE HOUSING 5,667.70 190 TEMECULA COMMUNITY SERVICES DISTRICT 97,182.26 192 TCSD SERVICE LEVEL B 246.90 194 TCSD SERVICE LEVEL D 2,121.13 196 TCSD SERVICE LEVEL "L" LAKE PARK MA1NT. 430.72 197 TEMECULA LIBRARY FUND 1,142.07 300 INSURANCE FUND 4,066.00 320 INFORMATION TECHNOLOGY 24,538.76 330 SUPPORT SERVICES 6,857.92 340 FACILITIES 10,308.78 375 SUMMER YOUTH EMPLOYMENT PROGRAM 120.06 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 82.15 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 55.05 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 65.39 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 11.91 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 132.63 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 24.01 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 34.07 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 225.08 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.36 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 10.31 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 6.97 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 150.29 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 32.10 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 18.54 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 16.24 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 37.36 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.25 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 139.26 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 74.57 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 201.97 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 341.74 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 8.18 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 8.94 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 192.06 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 61.88 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.89 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 8.94 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 283.30 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 3.91 419,087.49 TOTAL BY FUND: $ 3,575,607.18 apChkLst Final Check List Page: 1 02/27/2014 2:44:15PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description 2382 02/25/2014 014685 COMPASS BANK 2011 refund 2001 & 2008 cops debt svc 2383 02/27/2014 000389 NATIONWIDE RETIREMENT OBRA - PROJECT RETIREMENT SOLUTION PAYMENT Amount Paid Check Total 535,282.29 2,591.90 535,282.29 2,591.90 2384 02/27/2014 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT 1,559.06 1,559.06 SUPPORT 2386 02/27/2014 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT 11,828.62 11,828.62 SOLUTION 2389 02/27/2014 000194 ICMA RETIREMENT -PLAN ICMA RETIREMENT TRUST 457 5,120.88 5,120.88 303355 PAYMENT 2390 02/27/2014 000246 PERS (EMPLOYEES' PERS ER PAID MEMBER CONTR 276.00 276.00 RETIREMENT) PAYMENT 2391 02/27/2014 000246 PERS (EMPLOYEES' PERS ER PAID MEMBER CONTR 9,715.20 9,715.20 RETIREMENT) PAYMENT 2392 02/27/2014 016655 GENERAL FUND STATE General fund of the State of CA 4,000.00 4,000.00 CALIFORNIA, FAIR POLITICAL PRACTICES 163103 02/27/2014 016565 49ER COMMUNICATIONS, INC. Vehicle Maintenance: Sta 12 196.44 196.44 163104 02/27/2014 011347 A F S INC diesel emissions svcs fleet veh:st maint 650.00 650.00 163105 02/27/2014 009374 ALLEGRO MUSICAL VENTURES PIANO TUNING & MAINT:THEATER 170.00 170.00 163106 02/27/2014 012943 ALPHA MECHANICAL SERVICE INC AUG HVAC PREV MAINT SRVCS: VAR FACILITIE credit: Aug billing adjustment:TCC credit: Nov billing adjustment:TCC Nov hvac prey maint srvcs: CRC credit: Aug billing adjustment:TCC credit: Aug billing adjustment:TCC 163107 02/27/2014 004240 AMERICAN FORENSIC NURSES Mar Stand by fee:Police (AFN) Jan dui & drug screenings:police Jan dui & drug screenings:police Jan dui & drug screenings:police Jan dui & drug screenings:police 9,925.00 -120.00 -120.00 9,896.00 -655.00 -655.00 1,248.00 84.76 42.38 593.32 568.56 18, 271.00 2,537.02 Pagel apChkLst Final Check List Page: 2 02/27/2014 2:44:15PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 163108 02/27/2014 002648 AUTO CLUB OF SOUTHERN Membership: S.Lankenau 91684253 48.00 48.00 CALIF 163109 02/27/2014 007065 B & H PHOTO VIDEO INC Misc audio visual equip: Library 249.45 249.45 163110 02/27/2014 011954 BAKER & TAYLOR INC Temecula Library: Misc. collections 82.55 temecula library: misc collections 1,289.71 1,372.26 163111 02/27/2014 004262 BIO-TOX LABORATORIES jan dui & drug testing:PD 234.00 jan dui & drug screenings:PD 1,629.20 jan dui & drug screenings :PD 1,192.00 3,055.20 163112 02/27/2014 012583 BLANCA Y PRICE Oct landscape plan ck svc: Planning 7,390.00 7,390.00 163113 02/27/2014 008605 BONTERRA PSOMAS dec pechanga pkwy environ mitigation 4,301.00 nov pechanga pkwy environ mitigation 1,385.00 oct pechanga pkwy environ mitigation 4,801.00 Nov enviro mitigation:FVP overcrossing 6,826.00 Dec enviro mitigation:FVP overcrossing 4,859.00 JUL-DEC RONALD REGAN ENVIRON CLE 1,207.00 23,379.00 163114 02/27/2014 003138 CAL MAT asphalt material:citywide street repairs 95.50 95.50 163115 02/27/2014 000131 CARL WARREN & COMPANY Jan claim adjuster services 1,104.32 1,104.32 INC 163116 02/27/2014 003775 CHAPARRAL HIGH SCHOOL Community service funding:grad nite 500.00 500.00 163117 02/27/2014 014726 CHAPTER 13 STANDING SUPPORT PAYMENT 182.77 182.77 TRUSTEE 163118 02/27/2014 013716 COAST TO COAST LASER Traffic Plaque - Kevin Johnson 129.60 129.60 163119 02/27/2014 016658 COCO, JAYDEN refund:sec dep:rm rental:Harveston 200.00 200.00 163120 02/27/2014 004405 COMMUNITY HEALTH COMMUNITY HEALTH CHARITIES 44.00 44.00 CHARITIES PAYMENT 163121 02/27/2014 013379 COSSOU, CELINE TCSD Instructor Earnings 233.10 TCSD Instructor Earnings 346.50 579.60 163122 02/27/2014 008942 CREATIVE BUS SALES INC VEHICLE REPAIR:F-06-136 SENIOR 2,619.29 2,619.29 BUS Page2 apChkLst Final Check List Page: 3 02/27/2014 2:44:15PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 163123 02/27/2014 008810 CROSSTOWN ELECTRICAL & Maint & repair CCTV cameras:pw traffic 307.50 307.50 DATA 163124 02/27/2014 010486 D D L TRAFFIC, INC. Traffic sig battery backup equip:pw 11,664.20 11,664.20 163125 02/27/2014 014580 DANCE THEATRE COLLECTIVE Settlement:danceXchange 2/18 175.00 175.00 163126 02/27/2014 003945 DIAMOND ENVIRONMENTAL portable restroom services:var parks 52.80 SRVCS portable restroom services:var parks 52.80 portable restroom services:var parks 52.80 portable restroom services:var parks 52.80 163127 02/27/2014 016675 DIGNITY HEALTH MEDICAL pre screenings: HR 45.00 FND 163128 02/27/2014 004192 DOWNS ENERGY FUEL & LUBRICANTS Fuel for City vehicles: TCSD 73.88 211.20 45.00 Fuel for City vehicles: PW & CIP 219.78 Fuel for city vehicles Traffic 187.61 Fuel for City vehicles: PW Maint 928.94 Fuel for City vehicles: TCSD 52.82 1,463.03 163129 02/27/2014 004799 E C S IMAGING INC Laserfiche annual software renewal 8,599.50 8,599.50 163130 02/27/2014 002528 EAGLE GRAPHIC CREATIONS business recognition awards:eco dev 131.76 131.76 INC 163131 02/27/2014 002390 EASTERN MUNICIPAL WATER Jan water meter:Murrieta hot springs rd 10.27 DIST 163132 02/27/2014 000395 ECONOMIC DEVELOPMENT CORP Jan water meter:Murrieta hot springs rd 31.08 Jan water meter:39569 Seraphina Rd 194.48 Jan water meter:39656 Diego Dr 141.74 377.57 Memberhsip dues:economic dev corp 1,625.00 1,625.00 163133 02/27/2014 011292 ENVIRONMENTAL SCIENCE Dec EIR: TV hospital Helipad supplmntl ASSOC. 15,454.70 15,454.70 Page:3 apChkLst Final Check List Page: 4 02/27/2014 2:44:15PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 163134 02/27/2014 001056 EXCEL LANDSCAPE, INC. 163135 02/27/2014 002982 FRANCHISE TAX BOARD 163136 02/27/2014 000172 GASB 163137 02/27/2014 001937 GALLS INC 163138 02/27/2014 000177 GLENNIES OFFICE PRODUCTS INC 163139 02/27/2014 009608 GOLDEN VALLEY MUSIC SOCIETY 163140 02/27/2014 016656 GOLTSMAN, ROBIN 163141 02/27/2014 003792 GRAINGER 163142 02/27/2014 015451 GREATAMERICA FINANCIAL SVCS 163143 02/27/2014 016673 HARVESTON-SAB LLC 163144 02/27/2014 006914 INNOVATIVE DOCUMENT SOLUTIONS 163145 02/27/2014 016672 J DUEFEL CONSTRUCTION SERVICES (Continued) Description Amount Paid Check Total irrigation repair: vail ranch slope 221.72 irrigation repair: harveston lake 304.18 landscape maint srvcs: Long Canyon Park 278.53 landscape maint srvcs: sports park 445.56 landscape maint srvcs: Pala Park 323.53 landscape maint srvcs: Pablo Apis Pk 100.45 Idscp improvements:senior ctr 100.00 Idscp improvements:ronald reagan 120.00 Irrigation repairs: vail ranch 269.74 Irrigation repairs: Sports Park 500.72 irrigation sys repairs: vail ranch slope 1,105.81 landscape maint srvcs: Pala Park 254.68 irrigation repair srvcs: harveston slope 150.58 irrigation repair srvcs: fire sta 84 320.82 4,496.32 SUPPORT PAYMENT 100.00 100.00 14/15 GASB subsc:Hennessy, Jennifer 225.00 225.00 Volunteer uniforms:temecula police 30.78 30.78 Misc. Office Supplies - Records 27.89 Office Supplies:central services 210.41 MISC. COMPUTER SUPPLIES:INFO TECI- 187.10 Misc office supplies: PW 91.31 516.71 Settlement:Classics...Merc Feb 2014 1,071.70 1,071.70 refund:sec dep:rm rental:CRC 200.00 200.00 Safety Equipment: Fire 589.90 589.90 Feb copier leases: civic center, TVE2 520.09 520.09 refund:ping appl. not required:PA13-0288 3,131.00 3,131.00 Jan copier maint/repair:library 731.08 Jan copier maint/repair:citywide 5,686.86 6,417.94 refund:dupl. permit pmt:B14-0218 122.00 122.00 Page:4 apChkLst Final Check List Page: 5 02/27/2014 2:44:15PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 163146 02/27/2014 001282 KNORR SYSTEMS INC SWIMMING POOL REHAB&SUPPLIES:CRC POOL 163147 02/27/2014 000209 L & M FERTILIZER INC misc small tool parts: erosion control 163148 02/27/2014 014817 LAPP, JEREMY SCOTT Settlement:Cabaret...Merc 2/23 163149 02/27/2014 005569 LEARNING FOR LIFE Explorer Post pgrm: fire 163150 02/27/2014 003782 MAIN STREET SIGNS misc street signs: pw street maint div misc street signs: pw street maint div misc street signs: pw street maint div misc street signs: pw street maint div misc street signs: pw street maint div misc street signs: pw street maint div 163151 02/27/2014 016659 MAUS, JUDY refund:sec dep:rm rental:Harveston Amount Paid Check Total 1,679.66 1,679.66 55.80 55.80 521.50 521.50 595.63 595.63 1,350.00 2,226.20 51.84 51.84 183.60 1,675.73 5,539.21 200.00 200.00 163152 02/27/2014 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD Instructor Earnings 289.80 ANN TCSD Instructor Earnings 338.10 TCSD Instructor Earnings 336.00 TCSD Instructor Earnings 403.20 TCSD Instructor Earnings 403.20 1,770.30 163153 02/27/2014 016445 MKB PRINTING & Business Cards:Code Enforcement 42.06 42.06 PROMOTIONAL INC 163154 02/27/2014 004490 MUSCO SPORTS LIGHTING INC control link power supply: rrsp lights 526.43 526.43 163155 02/27/2014 015164 NATURES IMAGE, INC JAN ENVIRO MITIGATION:FVP 1,125.44 OVERCROSSING Jan pechange pkwy environ mitigation 1,682.92 2,808.36 163156 02/27/2014 002292 OASIS VENDING misc kitchen supplies:civic center/foc 126.22 misc kitchen supplies:civic center 292.47 418.69 163157 02/27/2014 003964 OFFICE DEPOT BUSINESS SVS MISC OFFICE SUPPLIES:FINANCE 230.91 DIV MISC OFFICE SUPPLIES:FINANCE 58.13 BUSINESS CARDS: C. ADKISSON-FLOHF 205.03 494.07 163158 02/27/2014 006721 OFFICEMAX NORTH AMERICA, library cards:library 4,466.36 4,466.36 INC. 163159 02/27/2014 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS:TCSD CITY VEHICLE MAINT SVCS:TCSD City Vehicle Maint Svcs:PW Park Maint 2,893.32 73.84 122.94 3,090.10 Page:5 apChkLst Final Check List Page: 6 02/27/2014 2:44:15PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 163160 02/27/2014 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW Park Maint 36.35 City Vehicle Maint Svcs:PW Street Maint 125.00 City Vehicle Maint Svcs:PW Street Maint 171.00 City Vehicle Maint Svcs:PW Street Maint 154.55 City Vehicle Maint Svcs:PW Street Maint 113.75 City Vehicle Maint Svcs:PW Street Maint 425.86 City Vehicle Maint Svcs:PW Street Maint 75.00 City Vehicle Maint Svcs:PW Street Maint 622.02 City Vehicle Maint Svcs:PW Street Maint 338.99 2,062.52 163161 02/27/2014 011450 ORTIZ, ALFREDO ROLANDO THEATER PERFORMANCE 3/5 3,500.00 3,500.00 163162 02/27/2014 004538 PAULEY EQUIPMENT MISC EQUIP REPAIRS & RENTALS: 2,139.97 2,139.97 COMPANY VAR PARKS 163163 02/27/2014 000249 PETTY CASH Petty Cash Reimbursement 1,500.00 1,500.00 163164 02/27/2014 016657 PINEDA, MARIBEL refund:sec dep:rm rental:CRC 200.00 200.00 163165 02/27/2014 016529 PIONEER CREDIT RECOVERY SUPPORT PAYMENT 49.16 49.16 INC 163166 02/27/2014 001999 PITNEY BOWES 3/16-6/15/14 POSTAGE MTR 93.15 93.15 RENTAL:STA 84 163167 02/27/2014 014957 PRN PRODUCTIONS Settlement:Comedy @ the Merc 2/25 386.40 386.40 163168 02/27/2014 013725 PROCRAFT INC install roll -up door chain: jrc 272.00 272.00 163169 02/27/2014 000262 RANCHO CALIF WATER Jan var water meters:TCSD svc lev C 11,411.00 DISTRICT Jan D.C. meter:29119 Margarita Rd 4.19 Jan various water meters:PW 485.94 JAN LNDSCP WATER METER:CALLE ELE 42.92 11,944.05 163170 02/27/2014 000947 RANCHO REPROGRAPHICS Reproduction srvcs:murr creek bridge 15.98 15.98 163171 02/27/2014 009725 RAZAVI, MANDIS TCSD Instructor Earnings 985.60 985.60 163172 02/27/2014 004584 REGENCY LIGHTING misc electrical supplies: var park sites 885.43 885.43 163173 02/27/2014 000406 RIVERSIDE CO SHERIFFS canine handler update course:Staat,Cpl 177.00 177.00 DEPT Page:6 apChkLst Final Check List Page: 7 02/27/2014 2:44:15PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 163174 02/27/2014 004822 RIVERSIDE TRANSIT AGENCY Jan '14 trolley services agmt: rte 55 Amount Paid Check Total 1,636.10 1,636.10 163175 02/27/2014 001097 ROADLINE PRODUCTS INC misc paint supplies: pw street maint 555.81 555.81 163176 02/27/2014 012251 ROTH, DONALD J. 163177 02/27/2014 009196 SACRAMENTO THEATRICAL LIGHTING 163178 02/27/2014 005329 SAFE ALTERNATIVE FOR EVERYONE 163179 02/27/2014 000278 SAN DIEGO UNION TRIBUNE 163180 02/27/2014 008529 SHERIFF'S CIVIL DIV - CENTRAL 163181 02/27/2014 009213 SHERRY BERRY MUSIC 163182 02/27/2014 012375 SHOBER CONSULTING INC 163183 02/27/2014 009746 SIGNS BY TOMORROW 163184 02/27/2014 000645 SMART & FINAL INC 163185 02/27/2014 000537 SO CALIF EDISON TCSD Instructor Earnings 504.00 TCSD Instructor Earnings 315.00 819.00 SOUND/LIGHTING SUPPLIES: THEATER- SOUND/LIGHTING SUPPLIES: THEATER- SOUND/LIGHTING SUPPLIES: THEATER - 510.33 141.28 41.55 693.16 FY 13-14 CS Funding program 1,000.00 1,000.00 Jan public ntcs:Planning 512.64 512.64 SUPPORT PAYMENT 300.00 300.00 Settlement:Jazz @ the Merc 2/20 609.00 609.00 Relocation srvcs:french vly/15 Intrchg 9,753.75 9,753.75 Public ntc posting srvcs xx-0003: Pln 148.20 Public ntc posting srvcs xx-0273: Pln 148.20 296.40 MISC SUPPLIES:MPSC 343.97 Supplies:High Hopes Program Jan 2-26-887-0789:40233 Village rd PED Feb 2-30-296-9522:46679 Primrose Ave Feb 2-30-099-3847:29721 Ryecrest Jan 2-27-560-0625:32380 Deerhollow Jan 2-31-693-9784:26036 Ynez TC1 Jan 2-29-974-7568:26953 Ynez TC1 Jan 2-33-237-4818:30499 Rncho Cal LS3 Feb 2-28-331-4847:32805 Pauba LS3 Jan 2-00-397-5059:various meters 163186 02/27/2014 001212 SO CALIF GAS COMPANY Jan 055-475-6169-5:PHBSP 163187 02/27/2014 002503 SOUTH COAST AIR QUALITY JAN 015-575-0195-2:32211 WOLF VLY RD FY13-14 EMISSIONS FEE:32131 S LOOP RD liquid fuel dispensing sys:32131 SLoop 90.37 434.34 1,749.78 544.08 24.80 2,786.48 378.22 144.63 98.38 110.55 7,062.20 12,899.12 165.58 244.18 409.76 117.87 9374 211.61 Page:7 apChkLst Final Check List Page: 8 02/27/2014 2:44:15PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 163188 02/27/2014 000519 SOUTH COUNTY PEST CONTROL INC 163189 02/27/2014 008337 STAPLES BUSINESS ADVANTAGE 163190 02/27/2014 002366 STEAM SUPERIOR CARPET CLEANING 163191 02/27/2014 001546 STRAIGHT LINE GLASS 163192 02/27/2014 003840 STRONGS PAINTING 163193 02/27/2014 015493 SWEENEY, TIMOTHY P. 163194 02/27/2014 013387 SWEEPING UNLIMITED INC 163195 02/27/2014 003599 T Y LIN INTERNATIONAL 163196 02/27/2014 000305 TARGET BANK BUS CARD SRVCS 163197 02/27/2014 012265 TEMECULA ACE HARDWARE CIO 163198 02/27/2014 010679 TEMECULA AUTO REPAIR/RADIATOR (Continued) Description Amount Paid Check Total PEST CONTROL SVCS:FIRE STN 92 42.00 pest control svcs:OATC Overland Trail pest control srvcs: holly berry street pest control srvcs: pbsp 48.00 136.00 70.00 Misc office supplies:police mall office 19.75 296.00 Misc office supplies:finance 76.63 Misc office supplies:finance 78.14 Misc office supplies:finance 90.98 Misc office supplies:police mall office 149.79 Misc office supplies:police mall office 116.81 Misc office supplies:TCSD 53.65 Misc supplies:library 7.67 Misc supplies:library 53.94 Misc supplies:library 8.54 Misc supplies:library 921.21 Misc office supplies:TCSD 106.06 MISC OFFICE SUPPLIES:HUMAN SRVCS 61.91 misc office supplies: Medics 43.28 ,isc office supplies: Medics 186.76 misc office supplies: Sta 12 20.17 misc office supplies: Sta 12 195.04 2,190.33 carpet cleaning svcs: Sta 73 275.00 275.00 install window: tve2 842.23 842.23 painting srvcs: jrc 2,400.00 2,400.00 Settlement:T. Sweeney...Comedy 2/21 539.00 539.00 sweeping srvcs: parking garage 500.00 500.00 DEC CONSULTING SRVCS:F.VLY 135,337.78 PKWY/115 DEC CONSULTING SRVCS:WNCHSTR RI 63,365.52 198,703.30 misc supplies:all recreation div 34.39 Supplies:High Hopes Program 36.86 71.25 misc maint supplies: various parks 9.91 misc maint supplies: various parks 8.87 18.78 vehicle maint & repair:Prevention 17.70 17.70 Page:8 apChkLst 02/27/2014 2:44:15PM Final Check List CITY OF TEMECULA Page: 9 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 163199 02/27/2014 016668 TEMECULA STRINGS 163200 02/27/2014 010493 TEMECULA TOWNE CENTER ASSOC LP 163201 02/27/2014 011736 TEMECULA TROPHY INC 163202 02/27/2014 005970 TEMECULA VALLEY PLAYERS 163203 02/27/2014 004274 TEMECULA VALLEY SECURITY CENTR 163204 02/27/2014 010276 TIME WARNER CABLE 163205 02/27/2014 002452 TOP LINE INDUSTRIAL 163207 02/27/2014 002702 U S POSTAL SERVICE 163208 02/27/2014 014413 U.S. DEPARTMENT OF EDUCATION 163209 02/27/2014 000325 UNITED WAY 163210 02/27/2014 004261 VERIZON 163211 02/27/2014 004789 VERIZON 163212 02/27/2014 001342 WAXIE SANITARY SUPPLY INC 163213 02/27/2014 015685 WEB QA, INC. (Continued) Description TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings Mar lease payment: pd mall office Recognition items:high hopes pgrm Nameplates:family health & safety A Few Good Men 2/13 thru 2/23 Locksmith srvcs:Chapel Locksmith srvcs:T. Museum Feb high speed internet:29119 Margarita Feb high speed internet:Fire Stn 92 misc equip parts:pw street maint DEC '13 POSTAGE METER DEPOSIT OCT '13 POSTAGE METER DEPOSIT JAN '14 POSTAGE METER DEPOSIT NOV '13 POSTAGE METER DEPOSIT SUPPORT PAYMENT UNITED WAY CHARITIES PAYMENT Feb xxx-5072 general usage Feb xxx-0073 general usage Feb xxx-0074 general usage Feb xxx-3738 gen usage:McCabe Ct FEB INTERNET SERVICES:MPSC FEB INTERNET SVCS:CIVIC CENTER MISC CLEANING SUPPLIES:CIVIC CTR misc cleaning supplies: var facilities misc custodial supplies: civic center Web Sub software annual renewal: IT Amount Paid Check Total 131.25 262.50 131.25 1,458.33 248.40 216.00 8,188.61 33.40 11.34 67.48 118.26 102.31 2,080.51 3,355.21 2,393.87 1,802.65 261.68 25.00 4,139.96 162.99 6,048.70 130.51 376.30 289.99 579.28 78.30 54.14 4,920.00 Grand total for UNION BANK OF CALIFORNIA: 525.00 1,458.33 464.40 8,188.61 44.74 185.74 102.31 9,632.24 261.68 25.00 10,482.16 666.29 711.72 4,920.00 1, 010, 695.23 Page9 apChkLst Final Check List Page: 10 02/27/2014 2:44:15PM CITY OF TEMECULA 118 checks in this report. Grand Total All Checks. 1,010,695.23 Pagel 0 apChkLst Final Check List Page: 1 03/06/2014 3:58:55PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 2385 02/27/2014 000246 PERS (EMPLOYEES' RETIREMENT) 2387 02/27/2014 000283 INSTATAX (IRS) 2388 02/27/2014 000444 INSTATAX (EDD) 2393 03/05/2014 000166 FIRST AMERICAN TITLE COMPANY 163214 03/06/2014 002786 4N6XPRT SYSTEMS 163215 03/06/2014 004973 ABACHERLI, LINDI 163216 03/06/2014 001517 AETNA BEHAVIORAL HEALTH, LLC 163217 03/06/2014 016450 AIR EXCHANGE, INC. 163218 03/06/2014 015083 AIR GAS USA, LLC 163219 03/06/2014 012943 ALPHA MECHANICAL SERVICE INC 163220 03/06/2014 016678 ALVARADO, ANGELICA 163221 03/06/2014 004422 AMERICAN BATTERY CORPORATION 163222 03/06/2014 016065 AMERICAN DIGITAL CORPORATION 163223 03/06/2014 000747 AMERICAN PLANNING ASSOCIATION 163224 03/06/2014 000936 AMERICAN RED CROSS 163225 03/06/2014 013950 AQUA CHILL OF SAN DIEGO Description Amount Paid Check Total PERS ER PAID MEMBER CONTR PAYMENT FEDERAL INCOME TAXES PAYMENT STATE DISABILITY INS PAYMENT Murr crk bridge & overland dr exten Forensic software -police TCSD instructor earnings Mar employee assistance program Feb employee assistance program Plymovent Maintenance: Stations MISC STAGE SUPPLIES: THEATER MISC STAGE SUPPLIES: THEATER HVAC Repairs:info tech HVAC Repairs:info tech refund:sec dep:rm rental:Harveston SIGNAL BATTERIES:PW TRAFFIC DIV SIGNAL BATTERIES:PW TRAFFIC DI' battery for alarm sys:museum General Info Tech Services:IT Managed Information Tech svcs 14/15 APA membership:Jones, Eric 14/15 APA membership:Weaver, Dana 14/15 APA membership:Innes, Kathie 14/15 APA membership:Planning Water safety training:aquatics pgrm drinking sys maint:MPSC drinking sys maint:civ ctr water filter sys maint:PD 163226 03/06/2014 015469 ATLAS COPCO USA HOLDINGS, asphalt roller repair:pw street maint INC. 163227 03/06/2014 011954 BAKER & TAYLOR INC temecula library: misc collections temecula library: misc collections temecula library: misc collections temecula library: misc collections temecula library: misc collections temecula library: misc collections Temecula Library: Misc. collections. temecula library: misc collections temecula library: misc collections temecula library: misc collections temecula library: misc collections temecula library: misc collections temecula library: misc collections temecula library: misc collections temecula library: misc collections 149,016.99 78,259.64 22,066.41 92,572.00 235.00 525.00 664.40 664.40 190.00 32.10 25.53 1,090.25 186.93 150.00 485.52 485.52 148.78 2,590.00 1,702.00 340.00 340.00 365.00 350.00 19.00 33.48 176.04 27.00 2,055.79 94.32 75.30 24.80 406.73 22.41 146.54 81.26 33.88 60.32 23.72 303.33 83.46 248.02 2,101.26 1,738.14 149, 016.99 78,259.64 22,066.41 92,572.00 235.00 525.00 1,328.80 190.00 57.63 1,277.18 150.00 1,119.82 4,292.00 1,395.00 19.00 236.52 2,055.79 5,443.49 Pagel apChkLst Final Check List Page: 2 03/06/2014 3:58:55PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 163228 03/06/2014 006254 BALLET FOLKLORICO 163229 03/06/2014 004040 BIG FOOT GRAPHICS 163230 03/06/2014 004262 BIO-TOX LABORATORIES 163231 03/06/2014 014284 BLAKELY'S TRUCK SERVICE 163232 03/06/2014 012583 BLANCAYPRICE 163233 03/06/2014 007055 BROWN, ANNETTE T. 163234 03/06/2014 014089 BRYANT, TIM 163235 03/06/2014 015526 BUECHI, THOMAS A. 163236 03/06/2014 010817 BURNS, DAVID 163237 03/06/2014 004462 C D W GOVERNMENT INC 163238 03/06/2014 003138 CAL MAT 163239 03/06/2014 004248 CALIF DEPT OF JUSTICE-ACCTING Description Amount Paid Check Total TCSD Instructor Earnings TCSD Instructor Earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings Graphic design srvcs:2014 rod run Drug & alcohol analysis:police Drug & alcohol analysis:police veh repairs & maint: pw street maint Dec Ldscp plan check & inspection srvcs Promotional Item: economic dev Performance:Bluegrass Festival 2014 Performance: gallery reception 03/07 Performance:Bluegrass Festival 2014 Computer supplies: Library Computer supplies: Library Small tools & equip: library asphalt material:citywide street repairs asphalt material:citywide street repairs asphalt material:citywide street repairs asphalt material:citywide street repairs asphalt material:citywide street repairs asphalt material:citywide street repairs asphalt material:citywide street repairs DOJ alcohol analysis:PD 163240 03/06/2014 004971 CANON FINANCIAL SERVICES, MAR COPIER LEASES:CITYWIDE INC 163241 03/06/2014 004896 CAPLINGER, DENNIS F. 163242 03/06/2014 003997 COAST RECREATION INC 163243 03/06/2014 002945 CONSOLIDATED ELECTRICAL DIST. 163244 03/06/2014 013379 COSSOU, CELINE 163245 03/06/2014 001264 COSTCO TEMECULA #491 163246 03/06/2014 004329 COSTCO TEMECULA #491 Performance:Bluegrass Festival 2014 playground equip:vail ranch & wolf crk misc electrical supplies: civic center misc electrical supplies: tes pool TCSD Instructor Earnings TCSD Instructor Earnings Mlsc supplies: Eco Dev Supplies:JRC MISC SUPPLIES:HUMAN SERVICES 196.00 154.00 350.00 420.00 336.00 294.00 448.00 924.00 1,250.00 3,672.00 1,111.00 642.00 1,753.00 364.63 364.63 7,450.00 7,450.00 650.00 650.00 400.00 400.00 150.00 150.00 1,500.00 1,500.00 15.00 80.14 478.24 573.38 477.93 524.13 377.33 410.12 300.57 413.85 88.39 2,592.32 945.00 945.00 3,004.54 3,004.54 4,000.00 4,000.00 846.68 846.68 309.74 635.04 944.78 197.40 147.00 344.40 31.80 31.80 123.89 39.95 163.84 Page2 apChkLst Final Check List Page: 3 03/06/2014 3:58:55PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 163247 03/06/2014 004192 DOWNS ENERGY FUEL& LUBRICANTS 163248 03/06/2014 004829 ELLISON WILSON ADVOCACY LLC 163249 03/06/2014 011202 EMH SPORTS USA, INC 163250 03/06/2014 011292 ENVIRONMENTAL SCIENCE ASSOC. (Continued) Description Amount Paid Check Total Fuel for City vehicles: PW Fuel for City vehicles:TCSD Fuel for City vehicles: PD Fuel for City vehicles: PD Fuel for City vehicles: Build & Safety Fuel for City vehicles: PW Fuel for City vehicles: Traffic Fuel for city vehicles PW & Land Dev Fuel for City vehicles: Bldg & Fuel for City vehicles: Bldg & Safety Fuel for City vehicles: TCSD/Plan/B&S Fuel for City vehicles: Bldg & Safety Fuel for City vehicles: TCSD/B&S/PW Mar State Legis Consulting svcs: CM Ofc TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings ADDT'LANALYSIS:JEFFERSON SPEC PLAN EIR 163251 03/06/2014 016579 EXCLUSIVE RECOVERY, INC. Towing Services - Police Motor 163252 03/06/2014 003053 FAGAN, MATTHEW 163253 03/06/2014 015330 FAIR HOUSING COUNCIL 163254 03/06/2014 000165 FEDERAL EXPRESS INC Performance of music: gallery 02/07 Jan '14 fair housing svcs:CDBG funding Nov '13 fair housing svcs:CDBG Fundi Dec '13 fair housing svcs:CDBG Fundi 74.69 76.63 45.75 66.27 283.97 1,230.55 311.23 59.02 1,606.85 105.14 180.56 304.18 1,966.67 3,500.00 332.50 984.20 385.00 22,494.82 270.00 125.00 786.28 728.31 976.17 6,311.51 3,500.00 1,701.70 22,494.82 270.00 125.00 2,490.76 Feb express mail services: TCSD 185.65 185.65 Page3 apChkLst Final Check List Page: 4 03/06/2014 3:58:55PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 163255 03/06/2014 003347 FIRST BANKCARD CENTER 000152 CALIF PARKS & RECREATION SOC 007282 AMAZON.COM, INC 016693 STORMSOURCE, LLC 016693 STORMSOURCE, LLC 016694 FLAGSHIP TECHNOLOGIES 013338 APPLE STORE 006952 PAYPAL 007148 MARIE CALLENDER RESTAURANT 25 007282 AMAZON.COM, INC 007282 AMAZON.COM, INC 016695 BIZCHAIR OFFICE FURNITURE 004905 LIEBERT, CASSIDY & WHITMORE 015639 REZA CAFE 013218 SORO'S MEDITERRANEAN GRILL 016692 CALHOUN TECHNOLOGIES 007282 AMAZON.COM, INC 007282 AMAZON.COM, INC 007282 AMAZON.COM, INC 000915 NATIONAL NOTARY ASSOCIATION 006952 PAYPAL 000175 GOVERNMENT FINANCE OFFICERS 000175 GOVERNMENT FINANCE OFFICERS 000175 GOVERNMENT FINANCE OFFICERS 009720 STARBUCKS CORPORATION 000175 GOVERNMENT FINANCE OFFICERS 000137 CHEVRON AND TEXACO 010514 CAMPINI'S ITALIAN DELI 007218 SWING INN CAFE 013301 RED GINGER CHINA BISTRO 016691 WWW.PAESSLER.COM 004074 FRANCHISE MGMT SERVICES INC 016696 GARAGE BREWING CO 011383 CAL STATE SAN MARCOS UARSC 000484 CALIF ASSN FOR LOCAL ECONOMIC 009902 ROUND TABLE PIZZA 014466 REDHAWK PIZZA LLC 013267 ECONOMIC DEVELOPMENT AGENCY (Continued) Description Amount Paid Check Total KH CPRS award submittal: TCSD MISC. COLLECTIONS (BOOKS):LIBRARY MH misc supplies: software MH misc supplies: software MH misc supplies: IT MH misc supplies: info tech KH Verisign Payflow Pro Transaction KH budget meeting: 01/09/14 MISC. COLLECTIONS (BOOKS):LIBRARY MISC. COLLECTIONS (BOOKS):LIBRARY KH officer furniture: JRC GB creditsem'14 Employment Law Cf GB Working lunch: HR GB refreshments: PTSC Comm mtg 1/13 MH misc supplies: IT MISC. COLLECTIONS (BOOKS):LIBRARY MISC. COLLECTIONS (BOOKS):LIBRARY KH MISC COLLECTIONS/BOOKS: LIBRARY AA misc office supplies: City Clerk JH Verisign Payflow Pro Transaction JH Govt Acctg trng:Shafe, J. 2/28 JH Govt Acctg trng:Snider, J. 2/28 JH Govt Acctg trng:Schrader, H. 2/28 AA Autism task force trng:police JH GFOA cert. of achievement review fee AA City vehicles fuel: CM AA refreshments: meeting 01/14/14 AA Refreshment: CM mtg AA refreshments: city council mtg MH network maintenance svcs: IT MH supplies: Team Pace event KH refreshments: crime prevention mtg AA Registration: Report to the Community AAAward entry fee: Incubator AA refreshments: Incubator AA Refreshments: City Council mtg AA Registration: K Syers 419.00 59.28 20.00 40.00 71.14 499.00 304.80 58.57 140.58 34.77 2,057.19 -99.50 25.33 75.00 265.50 48.86 23.75 24.61 37.85 83.95 150.00 150.00 150.00 41.85 580.00 85.80 65.90 8.37 175.50 675.00 102.45 24.28 75.00 350.00 64.80 192.01 82.11 Page4 apChkLst Final Check List Page: 5 03/06/2014 3:58:55PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 014885 TEMECULA CATERING 016471 RUBBERSTAMPCHAMP.COM 163256 03/06/2014 014393 FONSTAD, RONALD EUGENE Description Amount Paid Check Total AA refreshments:econ dev mtg AA misc supplies: City Mgr Dept CPR/AED Supplies: Medics 163257 03/06/2014 004074 FRANCHISE MGMT SERVICES Fire Safety Trailer Supplies: Fire INC 163258 03/06/2014 010326 G E MOBILE WATER, INC Water Filtration Parts: Sta 73 163259 03/06/2014 007279 GAIL MATERIALS INC Idscp material: var park ballfields 163260 03/06/2014 001937 GALLS INC 163261 03/06/2014 013552 GANDS PRODUCTIONS LLC 163262 03/06/2014 013076 GAUDET, YVONNE M. 163263 03/06/2014 000177 GLENNIES OFFICE PRODUCTS INC 163264 03/06/2014 009608 GOLDEN VALLEY MUSIC SOCIETY 163265 03/06/2014 016690 GONZALEZ, MARK ALLEN 163266 03/06/2014 015451 GREATAMERICA FINANCIAL SVCS 163267 03/06/2014 014696 GRISWOLD, BRAD L. 163268 03/06/2014 001135 HEALTHPOINTE MEDICAL GROUP INC 163269 03/06/2014 007472 HEILBRUN, FRED 163270 03/06/2014 004811 HEWLETT PACKARD 163271 03/06/2014 010210 HOME DEPOT SUPPLY INC, THE 163272 03/06/2014 016680 HORWITZ, WILLIAM 163273 03/06/2014 015089 IN THE MIX SOUND Volunteer uniforms:temecula police Volunteer uniforms:temecula police Volunteer uniforms:temecula police Settlement:Country...Merc 3/01 TCSD instructor earnings Misc. Office Supplies - City Clerk Misc office supplies: library MISC OFFICE SUPPLIES:B&S DEPT Misc office supplies: Fire Theater Procurement Final Payment Visual Arts Program: 01/16-05/12 MPSC COPIER LEASE FOR INCUBATOR: ECON DEV Mar Copier Lease Interest: Central Svc Performance: Bluegrass Festival 2014 EMP INDUSTRIAL CARE SRVCS:HR EMP INDUSTRIAL CARE SRVCS:HR Performance:Bluegrass Festival 2014 Misc computer supplies:Info Sys misc maint supplies:history museum refund:special event sponsor SOUND/LIGHTING MISC SUPPLIES: THEATER 163274 03/06/2014 001407 INTER VALLEY POOL SUPPLY pool supplies: var swimming pools INC 163275 03/06/2014 006924 INTL MUNICIPAL SIGNAL ASSOC. 163276 03/06/2014 014090 JOHANNING, JEFF 163277 03/06/2014 000820 K R W & ASSOCIATES 163278 03/06/2014 001282 KNORR SYSTEMS INC public safety mbrshp:R. Uribe 21276 Peformance:Bluegrass Festival 2014 Eng plan check srvcs:pw land dev Misc pool supplies - crc 305.80 54.77 7,523.32 2,006.25 2,006.25 86.38 86.38 95.04 95.04 518.40 518.40 9.45 11.61 12.69 33.75 328.50 328.50 708.40 708.40 139.43 317.20 249.46 658.44 1,364.53 200.00 200.00 420.00 420.00 289.44 1,341.70 1,631.14 1,800.00 1,800.00 100.00 1,060.00 1,160.00 200.00 200.00 160.92 160.92 56.87 56.87 450.00 450.00 383.50 383.50 921.78 921.78 90.00 90.00 500.00 500.00 3,080.00 3,080.00 274.40 274.40 Pages apChkLst Final Check List Page: 6 03/06/2014 3:58:55PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 163279 03/06/2014 013722 KUNZMAN ASSOCIATES INC TRAFFIC STUDY:PROPOSED 3,810.00 3,810.00 SHEARWATER CREEK 163280 03/06/2014 007188 LAERDAL MEDICAL CORP. CPR Class Supplies: Medics 1,480.63 1,480.63 163281 03/06/2014 016652 LARSON, TERRY ANN Performance:TVM 03/20/14 75.00 75.00 163282 03/06/2014 004412 LEANDER, KERRY D. TCSD instructor earnings 1,260.00 TCSD instructor earnings 190.40 TCSD instructor earnings 336.00 TCSD instructor earnings 330.75 2,117.15 163283 03/06/2014 013718 LEE, RICHARD M. Performance:Bluegrass Festival 2014 500.00 500.00 163284 03/06/2014 000482 LEIGHTON CONSULTING INC Jan geotech svcs:Rori Ranch Str Impro 18,677.40 18,677.40 163285 03/06/2014 004905 LIEBERT, CASSIDY & Jan HR Legal svcs for TE060-00001 210.00 210.00 WHITMORE 163286 03/06/2014 016689 M A D D RIVERSIDE COUNTY MADD display Trailer: PD 100.00 100.00 163287 03/06/2014 013982 MCI COMM SERVICE Feb xxx-0346 general usage 30.53 Feb xxx-0714 gen usage:PD mall alarn 31.39 61.92 163288 03/06/2014 003782 MAIN STREET SIGNS special outdoor signs: crc 362.88 misc street signs: pw street maint 51.84 misc street signs: pw street maint div 351.00 765.72 163289 03/06/2014 000217 MARGARITA OFFICIALS ASSN Officiating Services: Sports programs 666.00 666.00 163290 03/06/2014 014431 MARTLAND, BETTE B TCSD Instructor Earnings 163291 03/06/2014 011920 MASTER CONCEPTS LLC TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 147.00 147.00 588.00 588.00 882.00 147.00 661.50 1,038.19 808.50 523.69 367.50 220.50 5,824.88 163292 03/06/2014 014392 MC COLLOUGH, JILL DENISE Feb least interior plantscape: civic ctr 525.00 Feb least interior plantscape: library 200.00 725.00 163293 03/06/2014 000944 MCCAIN TRAFFIC SUPPLY INC Traffic signal equipment; pw cip 4,216.32 4,216.32 163294 03/06/2014 015959 MEHEULA MUSIC Performance: Theater, March 13, 2014 3,000.00 3,000.00 163295 03/06/2014 013443 MIDWEST TAPE LLC Temecula Library: AN collections. 48.58 Temecula Library: A/V collections. 37.79 86.37 163296 03/06/2014 012962 MILLER, MISTY TCSD Instructor Earnings 294.00 TCSD Instructor Earnings 294.00 588.00 163297 03/06/2014 012580 MINUTEMAN PRESS Business cards: Willis, Eric TCSD 112.57 Business cards:Heslin, Michael 112.57 225.14 163298 03/06/2014 004043 MISSION ELECTRIC SUPPLY, misc maintenance supplies: foc 1,656.49 1,656.49 INC 163299 03/06/2014 003963 MR TINT GLASS TINTING Window tinting: Fire 280.00 280.00 163300 03/06/2014 001986 MUZAK LLC Mar dish network prgm:41952 6th st 55.00 Mar dish network programming: FOC 135.31 190.31 Pages apChkLst Final Check List Page: 7 03/06/2014 3:58:55PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 163301 03/06/2014 006077 N T H GENERATION License Use : info tech 4,875.00 COMPUTING INC 163302 03/06/2014 016679 NETTIE MAE JULLIAN WMS refund:sec dep:rm rental:CRC 200.00 163303 03/06/2014 014391 NICHOLS, KELLIE D. TCSD Instructor Earnings 583.10 TCSD Instructor Earnings 583.10 TCSD Instructor Earnings 617.40 TCSD Instructor Earnings 411.60 TCSD Instructor Earnings 274.40 163304 03/06/2014 016560 OESTERREICH, KRISTA refund:sec dep:rm rental:Harveston 200.00 163305 03/06/2014 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:JRC 6.24 DIV MISC OFFICE SUPPLIES:FINANCE credit:misc office supplies/finance 163306 03/06/2014 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW Street Maint City Vehicle Maint Svcs:PW Street Mai City Vehicle Maint Svcs:PW Park Main 163307 03/06/2014 016615 OLSEN, JAMIE D. 163308 03/06/2014 014273 PARAGON PARTNERS LTD 163309 03/06/2014 001320 PELLETIER, JULIE Performance:Bluegrass Festival 2014 Jan relocate srvcs:Murr.Crk Jan acquisition srvcs:F.V. Pkwy/I-15 ee computer purchase prgm 16.62 -13.32 4,875.00 200.00 2,469.60 200.00 9.54 249.43 742.62 409.20 1,401.25 500.00 500.00 470.00 2,403.75 2,873.75 1,383.18 1,383.18 163310 03/06/2014 013115 PETERSON NUGENT, KRISTIN TCSD Instructor Earnings 145.60 TCSD Instructor Earnings 436.80 582.40 163311 03/06/2014 000249 PETTY CASH Petty Cash Reimbursement 554.13 554.13 163312 03/06/2014 010338 POOL & ELECTRICAL PRODUCTS INC var pool supplies:crc 113.95 var pool supplies:various location 462.08 var pool supplies:various locations 138.05 var pool supplies:various locations 37.51 751.59 163313 03/06/2014 000254 PRESS ENTERPRISE COMPANY Jan advertising: theater 382.00 382.00 INC 163314 03/06/2014 016681 RAMIREZ, MARTIN refund:Tem rod run car entry 35.00 35.00 163315 03/06/2014 000262 RANCHO CALIF WATER Jan water meter:30875 Rancho vista 564.36 DISTRICT Jan var water meters:TCSD svc lev C 12,479.50 Jan var water meters:PW various sites 2,338.14 Jan var water meters:various fire 387.33 163316 03/06/2014 000353 RIVERSIDE CO AUDITOR Jan '14 prkg citation assessments 2,335.50 163317 03/06/2014 001592 RIVERSIDE CO INFO TECHNOLOGY Nov emerg. radio rental:police/prk rngrs 1,811.49 Jul -Oct emerg. radio rental:police/prk Dec emerg. radio rental:police/prk rngr 7,245.96 1,712.37 15,769.33 2,335.50 10,769.82 163318 03/06/2014 000406 RIVERSIDE CO SHERIFFS 11/14/13-12/11/13 law enforcement 1,508,944.18 1,508,944.18 DEPT 163319 03/06/2014 001048 ROSAS CANTINA RESTAURANT refreshments:qtrly ee luncheon 3/12 1,699.25 1,699.25 163320 03/06/2014 012251 ROTH, DONALD J. TCSD Instructor Earnings 126.00 126.00 163321 03/06/2014 000815 ROWLEY, CATHY TCSD Instructor Earnings 140.00 TCSD Instructor Earnings 364.00 504.00 Page:7 apChkLst Final Check List Page: 8 03/06/2014 3:58:55PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 163322 03/06/2014 002226 RUSSO, MARY ANNE TCSD Instructor Earnings 896.00 TCSD Instructor Earnings 672.00 1,568.00 163323 03/06/2014 015646 SALTY SUITES Performance:Bluegrass Festival 2014 1,400.00 1,400.00 163324 03/06/2014 009213 SHERRY BERRY MUSIC Jazz @ the Merc 02/27/14 451.50 451.50 163325 03/06/2014 004460 SILVERADO BLUEGRASS BAND Performance:Bluegrass Festival 2014 2,000.00 2,000.00 163326 03/06/2014 000645 SMART & FINAL INC Misc supplies:theater 114.82 114.82 163327 03/06/2014 000537 SO CALIF EDISON 163328 03/06/2014 001212 SO CALIF GAS COMPANY Feb 2-29-224-0173:various fire stations Feb 2-34-624-4452:32131 S Loop rd lc Feb 2-28-904-7706:32329 Overland trt Feb 2-29-807-1226:28077 Diaz Rd PE Feb 2-31-282-0665:27407 Diaz Rd PE Feb 2-31-031-2616:27991 Diaz Rd PE Feb 2-29-657-2787:41638 Winchester Feb 2-29-807-1093:28079 Diaz Rd PE Feb 2-31-419-2873:43000 Hwy -395 Feb 2-35-164-3770:43487 Butterfield s Feb 2-35-164-3663:42335 Meadows pl Feb 2-35-164-3515:32932 Leena way Feb 2-35-164-3242:44270 Meadows pl Feb 2-35-707-0010:33451 S Hwy -79 P Feb 2-33-357-5785:44747 Redhawk pi Jan 2-00-397-5067:33160 Vail ranch pl Feb 2-19-171-8568:28300 Mercedes S Feb 2-18-937-3152:28314 Mercedes S Feb 2-14-204-1615:30027 Front st rdic Feb 2-02-351-4946:41845 6th St Feb 2-29-933-3831:43230 Bus pk dr Feb 2-34-333-3589:21702 Main St Feb 2-31-536-3481:41902 Main St Feb 2-31-536-3655:41904 Main St Feb 2-29-223-8607:42035 2nd St PED Feb 2-25-393-4681:41951 Moraga Rd Feb 2-32-903-8293:41000 Main St Feb 2-31-912-7494:28690 Mercedesl- Feb 2-35-664-9053:29119 Margarita R Feb 2-35-074-2847:26902 jefferson PE Feb 2-21-981-4720:30153 Tem pkwy T Feb 2-27-371-8494:42189 Winchester Feb 055-461-2483-4:40135 Village Rd Feb 196-025-0344-3:42081 Main St Feb 181-383-8881-6:Museum Feb 133-040-7373-0:Maint Fac Feb 125-244-2108-3:30600 Pauba Rd Feb 129-582-9784-3:43230 Bus pk dr Feb 129-535-4236-7:41000 Main St Feb 021-725-0775-4:41845 6th St Feb 026-671-2909-8:42051 Main St Feb 091-024-9300-5:30875 Rancho vi; Feb 028-025-1468-3:41375 McCabe C Feb 101-525-1560-6:27415 Enterprise Feb 095-167-7907-2:30650 Pauba Rd 1,468.21 588.42 140.22 27.86 28.28 28.13 27.45 27.86 27.30 27.60 25.92 25.92 27.03 56.86 30.51 27.17 73.18 478.61 38.66 941.46 1,586.09 28.70 257.36 1,017.76 752.43 836.43 12,663.64 1,416.14 302.88 57.39 24.29 31.06 110.66 87.09 156.32 19.14 212.69 302.78 1,921.68 224.90 384.39 3,525.60 198.78 334.35 256.19 23,090.82 7,734.57 163329 03/06/2014 002503 SOUTH COAST AIR QUALITY Ann'I operating fees:Civic Center 317.07 Ann'I emissions fees:Civic Center 117.87 434.94 163330 03/06/2014 000519 SOUTH COUNTY PEST CONTROL INC Feb pest control srvcs: var facilities 625.00 625.00 Pages apChkLst Final Check List Page: 9 03/06/2014 3:58:55PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 163331 03/06/2014 015648 STEIN, ANDREW 163332 03/06/2014 016262 STEVE ADAMIAK GOLF INSTRUCTION Description Amount Paid Check Total Supplies: 2014 Rod Run Supplies: 2014 Rod Run Supplies: 2014 Rod Run Supplies: 2014 Rod Run 742.78 1,932.20 1,826.08 2,776.32 TCSD Instructor Earnings 420.00 TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 163333 03/06/2014 008164 SUN CITY GRANITE INC Replace city seal @main entry:civic 163334 03/06/2014 000305 TARGET BANK BUS CARD SRVCS 140.00 224.00 630.00 280.00 350.00 420.00 7,277.38 2,464.00 13,314.90 13,314.90 Supplies:TCSD scooter event 34.31 Supplies:JRC 90.00 Supplies:JRC 101.46 225.77 163335 03/06/2014 011736 TEMECULA TROPHY INC name plate: T.Garcia 21.60 21.60 163336 03/06/2014 004274 TEMECULA VALLEY SECURITY locksmith srvcs: t. museum 95.00 CENTR repair stage exit door:old town theater 143.00 locksmith srvcs: mpsc 19.44 locksmith srvcs: crc pool gate 338.89 596.33 163337 03/06/2014 010276 TIME WARNER CABLE Mar high speed internet:41000 Main St 4,222.19 4,222.19 163338 03/06/2014 000319 TOMARK SPORTS INC play equip parts: various parks 574.98 574.98 163339 03/06/2014 007766 UNDERGROUND SERVICE Feb undrgrnd svcs alert tickets:PW 150.00 150.00 ALERT 163340 03/06/2014 002110 UNITED RENTALS NORTH misc equip rentals: pw street maint 35.87 35.87 AMERICA 163341 03/06/2014 016546 UNIVERSITY ENTERPRISES Sponsorship:University Enterprises 2,500.00 2,500.00 CORP 163342 03/06/2014 016677 UZOR, NNAMDI DOMINIC refund:smartpay library trans:lost 19.00 19.00 163343 03/06/2014 014848 VALUTEC CARD SOLUTIONS, Jan ShoWare gift card service: Theater 39.16 39.16 LLC 163344 03/06/2014 004261 VERIZON Feb xxx-2886 gen usage:Harveston Feb xxx-8625 general usage Feb xxx-8165 alarm lines:enterprise Feb xxx-5694 gen usage/internet:FS#9 120.34 101.06 101.06 1,631.02 1,953.48 163345 03/06/2014 004789 VERIZON Feb Internet svcs:Tem PD DSL 49.99 Feb Internet svcs:Library 294.99 344.98 163346 03/06/2014 014486 VERIZON WIRELESS 1/16-2/15 BROADBAND USAGE:CITY 1,184.88 1,184.88 163347 03/06/2014 006248 WALKER, JESSICA TCSD Instructor Earnings 476.88 476.88 163348 03/06/2014 016676 WAVES PROJECT DISTRIB. OF PROCEEDS PER COUNCIL 6,121.00 6,121.00 2/25 163349 03/06/2014 003730 WEST COASTARBORISTS INC 1/16-31 tree trim maint srvcs:city 9,023.00 9,023.00 163350 03/06/2014 014712 WIMBERLEY, BRENT D. Performance:Bluegrass Festival 2014 200.00 200.00 Page9 apChkLst Final Check List Page: 10 03/06/2014 3:58:55PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 163351 03/06/2014 004567 WITCHER ELECTRIC electrical improvements:jrc 1,500.00 electrical improvements: tes pool 1,500.00 3.000.00 163352 03/06/2014 009512 WURMS JANITORIAL janitorial monthly svcs:jefferson rec. 122.30 122.30 SERVICES, INC 999826 02/28/2014 008935 ABRAMS, DEBORAH refund:Tennis level 2/3 1404.102 192.00 192.00 999827 02/28/2014 016660 ARAGON, MARIA refund:Desserts - Art of making cake 37.00 37.00 999828 02/28/2014 016687 BARIT, MARIA refund:Hawaiian tahitian dance beg. 36.00 36.00 999829 02/28/2014 016661 BRADY, GINGER refund:Tennis level 6/7 1407.103 20.00 20.00 999830 02/28/2014 016575 BUTLER, LEAH refund:Tiny tots basketball 2300.103 25.00 25.00 999831 02/28/2014 016662 FERNANDEZ, ANGIE refund:sec dep:rm rental:CRC 200.00 200.00 999832 02/28/2014 016662 FERNANDEZ, ANGIE refund:room rental:CRC 200.00 200.00 999833 02/28/2014 016663 HENDRIX, NIKKI refund:Toddler time 1130.102 80.00 80.00 999834 02/28/2014 016664 MAHMOOD, SHAZIA refund:sec dep:rm rental:Harveston 200.00 200.00 999835 02/28/2014 016665 MATTCHEN, CINDY refund:Bear cub univ - kinder 4015.102 379.00 379.00 999836 02/28/2014 016666 ORNELAS, BRENDA refund:sec dep:rm rental:Harveston 150.00 150.00 999837 02/28/2014 016667 WHITE, PETER refund:sec dep:rm rental:CRC 200.00 200.00 Grand total for UNION BANK OF CALIFORNIA: 2,145,824.46 Paged 0 apChkLst 03/06/2014 3:58:55PM Final Check List CITY OF TEMECULA Page: 11 155 checks in this report. Grand Total All Checks: 2,145,824.46 Page:11 Item No. 4 Approvals City Attorney Finance Director City Manager 0/ -e -r-- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: March 25, 2014 SUBJECT: Results of the Asset Transfer Review of the Temecula Redevelopment Agency PREPARED BY: Jennifer Hennessy, Finance Director RECOMMENDATION: That the City Council receive and file the Asset Transfer Review report, dated March 14, 2014. BACKGROUND: As part of the dissolution of the former Redevelopment Agency and pursuant to Health and Safety Code §34167.5, the State Controller's Office is required to review all assets transferred by the Temecula Redevelopment Agency to either the City of Temecula or to other public agencies to ensure the transfers were done in accordance with State law. The scope of the review included transfers that occurred between January 1, 2011 and January 31, 2012. The State Controller's Office review applied to all assets, such as real and personal property, cash, accounts receivable, deeds of trust and mortgages, contract rights, and rights to payments of any kind. They also evaluated if any unallowable transfers made by the Agency had been reversed. City staff worked directly with the State Controller auditor to provide all necessary documents and answer related questions. The attached report indicates that the Agency appropriately transferred $96,846,798 in assets after January 1, 2011 to the Successor Agency. The auditor did not identify any unallowable transfers, and found that the Agency was in full compliance with State law. FISCAL IMPACT: None ATTACHMENTS: Asset Transfer Review Report TEMECULA REDEVELOPMENT AGENCY ASSET TRANSFER REVIEW Review Report January 1, 2011, through January 31, 2012 JOHN CHIANG California State Controller March 2014 JOHN CHIANG Ttlif irnia $tat Tnxttxnller March 14, 2014 Jennifer Hennessy, Finance Director City of Temecula 41000 Main Street Temecula, CA 92590 Dear Ms. Hennessy: Pursuant to Health and Safety Code section 34167.5, the State Controller's Office (SCO) reviewed all asset transfers made by the Temecula Redevelopment Agency (RDA) to the City of Temecula (City) or any other public agency after January 1, 2011. This statutory provision states, "The Legislature hereby finds that a transfer of assets by a redevelopment agency during the period covered in this section is deemed not to be in furtherance of the Community Redevelopment Law and is thereby unauthorized." Therefore, our review included an assessment of whether each asset transfer was allowable and whether the asset should be turned over to the Successor Agency. Our review applied to all assets including but not limited to, real and personal property, cash funds, accounts receivable, deeds of trust and mortgages, contract rights, and rights to payment of any kind. We also reviewed and determined whether any unallowable transfers of assets to the City or any other public agencies have been reversed. Our review found that the RDA appropriately transferred $96,846,798 in assets after January 1, 2011 to the Successor Agency. We did not identify any unallowable transfers that occurred during the review period between the RDA, the City, and/or other public agency. If you have any questions, please contact Elizabeth Gonzalez, Bureau Chief, Local Government Compliance Bureau, by phone at (916) 324-0622. Sincerely, Original signed by JEFFREY V. BROWNFIELD, CPA Chief, Division of Audits JVB/mh Jennifer Hennessy, Finance Director -2- March 14, 2014 cc: Paul Angulo, Auditor -Controller County of Riverside John Meyer, Chairman Oversight Board Temecula Redevelopment Successor Agency David Botelho, Program Budget Manager California Department of Finance Richard J. Chivaro, Chief Legal Counsel State Controller's Office Elizabeth Gonzalez, Bureau Chief Division of Audits, State Controller's Office Scott Freesmeier, Audit Manager Division of Audits, State Controller's Office John Mellas, Auditor -in -Charge Division of Audits, State Controller's Office Temecula Redevelopment Agency Asset Transfer Review Contents Review Report Summary 1 Background 1 Objective, Scope, and Methodology 2 Conclusion 2 Views of Responsible Official 2 Restricted Use 2 Temecula Redevelopment Agency Asset Transfer Review Asset Transfer Review Report Summary Background The State Controller's Office (SCO) reviewed the asset transfers made by the Temecula Redevelopment Agency (RDA) after January 1, 2011. Our review included, but was not limited to, real and personal property, cash funds, accounts receivable, deeds of trust and mortgages, contract rights, and rights to payments of any kind from any source. Our review found that the RDA transferred $96,846,798 in assets after January 1, 2011 to the Successor Agency. We did not identify any unallowable transfers that occurred during the review period between the RDA, the City of Temecula (City), and/or other public agency. In January of 2011, the Governor of the State of California proposed statewide elimination of redevelopment agencies (RDAs) beginning with the fiscal year (FY) 2011-12 State budget. The Governor's proposal was incorporated into Assembly Bill 26 (ABX1 26, Chapter 5, Statutes of 2011, First Extraordinary Session), which was passed by the Legislature, and signed into law by the Governor on June 28, 2011. ABX1 26 prohibited RDAs from engaging in new business, established mechanisms and timelines for dissolution of the RDAs, and created RDA Successor Agencies to oversee dissolution of the RDAs and redistribution of RDA assets. A California Supreme Court decision on December 28, 2011 (California Redevelopment Association et al. v. Matosantos), upheld ABX1 26 and the Legislature's constitutional authority to dissolve the RDAs. ABX1 26 was codified in the Health and Safety (H&S) Code beginning with section 34161. In accordance with the requirements of H&S Code section 34167.5, the State Controller is required to review the activities of RDAs, "to determine whether an asset transfer has occurred after January 1, 2011, between the city or county, or city and county that created a redevelopment agency, or any other public agency, and the redevelopment agency," and the date on which the RDA ceases to operate, or January 31, 2012, whichever is earlier. The SCO did not identify any asset transfers that occurred after January 1, 2011, between the RDA, the City, and/or other public agencies. By law, the SCO is required to order that such assets, except those that already had been committed to a third party prior to June 28, 2011, the effective date of ABX1 26, be turned over to the Successor Agency. In addition, the SCO may file a legal order to ensure compliance with this order. -1- Temecula Redevelopment Agency Asset Transfer Review Objective, Scope, and Methodology Conclusion Views of Responsible Official Restricted Use Our review objective was to determine whether asset transfers that occurred after January 1, 2011, and the date upon which the RDA ceased to operate, or January 31, 2012, whichever was earlier, between the city or county, or city and county that created an RDA, or any other public agency, and the RDA, were appropriate. We performed the following procedures: • Interviewed Successor Agency personnel to gain an understanding of the Successor Agency operations and procedures. • Reviewed meeting minutes, resolutions, and ordinances of the City, the Successor Agency, and the RDA. • Reviewed accounting records relating to the recording of assets. • Verified the accuracy of the Asset Transfer Assessment Form. This form was sent to all former RDAs to provide a list of all assets transferred between January 1, 2011, and January 31, 2012. • Reviewed applicable financial reports to verify assets (capital, cash, property, etc.). Our review found that the Temecula Redevelopment Agency (RDA) transferred $96,846,798 in assets after January 1, 2011 to the Successor Agency. We did not identify any unallowable transfers of assets that occurred during the review period between the RDA, the City of Temecula, and/or other public agencies. At an exit conference on January 15, 2014, we discussed the review results with Jennifer Hennessy, Finance Director, who agreed with the review results. Ms. Hennessy further agreed that a draft review report was not necessary and that the report could be issued as final. This report is solely for the information and use of the City, the Successor Agency, the Oversight Board, and the SCO; it is not intended to be and should not be used by anyone other than these specified parties. This restriction is not intended to limit distribution of this report, which is a matter of public record when issued final. Original signed by JEFFREY V. BROWNFIELD, CPA Chief, Division of Audits March 14, 2014 -2- State Controller's Office Division of Audits Post Office Box 942850 Sacramento, CA 94250-5874 http://www.sco.ca.gov S 14 -RDA -952 Item No. 5 Approvals City Attorney Finance Director City Manager ..! CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Aaron Adams, City Manager DATE: March 25, 2014 SUBJECT: Support for HR 3978 (Sires) The New Opportunities for Bicycle and Pedestrian Infrastructure Financing Act (at the request of Mayor Pro Tem Comerchero and Council Member Roberts) PREPARED BY: Betsy Lowrey, Sr. Management Analyst RECOMMENDATION: That the City Council Support HR 3978 (Sires) The New Opportunities for Bicycle and Pedestrian Infrastructure Financing Act and direct the City Manager to draft a letter of support to be signed by the Mayor. BACKGROUND: The New Opportunities for Bicycle and Pedestrian Infrastructure Financing Act (HR 3978) would establish a pedestrian and bicycle infrastructure credit assistance pilot program, and would allow communities to access low-cost loans to build bicycling and walking networks. This Act would promote investment and establish additional opportunities for financing bicycling and walking infrastructure to create and connect transportation networks, including sidewalks, bicycling infrastructure and parking, pedestrian and bicycle signals, traffic calming techniques, lighting and other safety-related infrastructure. HR 3978 is currently co-sponsored by twenty four House Representatives. In addition, the Riverside County Transit Agency supports this bill. FISCAL IMPACT: None ATTACHMENTS: A Copy of Proposed Legislation HR 3978 I 113TH CONGRESS1-1 • R. 3978 2D SESSION To authorize the Secretary of Transportation to establish a pedestrian and bicycle infrastructure credit assistance pilot program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 29, 2014 Mr. SIRES (for himself, Mr. CARSON of Indiana, Ms. ROS-LEHTINEN, and Mr. DIAz-BALART) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To authorize the Secretary of Transportation to establish a pedestrian and bicycle infrastructure credit assistance pilot program, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 4 (a) SHORT TITLE.—This Act may be cited as the 5 "New Opportunities for Bicycle and Pedestrian Infra - 6 structure Financing Act of 2014". 7 (b) TABLE OF CONTENTS.—The table of contents for 8 this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. 2 Sec. 3. Authority to provide assistance. Sec. 4. Eligible entities. Sec. 5. Projects eligible for assistance. Sec. 6. Applications. Sec. 7. Determination of eligibility and project selection. Sec. S. Secured loans and loan guarantees. See. 9. Program administration. Sec. 10. State and local permits. Sec. 11. Definitions. Sec. 12. Regulations. Sec. 13. Funding Sec. 14. Report to Congress. 1 SEC. 2. PURPOSES. 2 The purposes of this Act are as follows: 3 (1) To promote investment in bicycling and 4 walking infrastructure to create and connect trans - 5 portation networks. 6 (2) To improve access to employment, business 7 districts, and transit in communities traditionally 8 underserved by existing transportation systems by 9 establishing additional opportunities for financing 10 nonmotorized infrastructure projects. 11 (3) To attract new investment to business dis- 12 tricts and neighborhoods in low-income communities. 13 (4) To leverage Federal funds and private in - 14 vestment in low-income communities and those tra- 15 ditionally underserved by existing transportation sys- 16 tems. 17 SEC. 3. AUTHORITY TO PROVIDE ASSISTANCE. 18 The Secretary of Transportation may provide finan- 19 tial assistance under this Act to eligible entities to carry HR 3978 IH 3 1 out bicycle and pedestrian infrastructure projects selected 2 for such assistance under this Act. 3 SEC. 4. ELIGIBLE ENTITIES. 4 In this Act, the term "eligible entity" means the fol - 5 lowing: 6 (1) A corporation. 7 (2) A public/private partnership. 8 (3) A joint venture. 9 (4) A trust. 10 (5) A State infrastructure financing authority. 1 1 SEC. 5. PROJECTS ELIGIBLE FOR ASSISTANCE. 12 Financial assistance may be provided under this Act 13 only for the following types of projects: 14 (1) A project for the construction, planning, 15 and design of on -road and off-road pathways for pe - 16 destrians, bicyclists, and other nonmotorized forms 17 of transportation to create a comprehensive and con - 18 netted transportation system, including sidewalks, 19 bicycling infrastructure and parking, pedestrian and 20 bicycle signals, traffic calming techniques, lighting 21 and other safety-related infrastructure, and trans - 22 portation projects to achieve compliance with the 23 American with Disabilities Act of 1990 (42 U.S.C. 24 12101 et seq.) . HR 3978 IH 4 1 (2) A project for the construction, planning, 2 and design of infrastructure-related projects and 3 systems that connect existing infrastructure to cre- 4 ate a network and improve safety and access for 5 nonmotorized users to transit, schools, and commer- 6 cial areas. 7 (3) Innovative infrastructure for bicycling and 8 walking, such as designs included in the National 9 Association of City Transportation Officials guide 10 for urban street design, to enhance the ability of 11 communities to develop solutions to increase non- 12 motorized travel. 13 (4) A project for the conversion and use of 14 abandoned railroad corridors for trails for pedes- 15 trians, bicyclists, or other nonmotorized transpor- 16 tation users to connect to or expand an existing net- 17 work of bicycle and pedestrian facilities. 18 (5) A bike share program as a standalone 19 project or in conjunction with other infrastructure 20 projects. 21 SEC. 6. APPLICATIONS. 22 (a) IN GENERAL —The Secretary shall provide for el- 23 igible entities to submit applications for selection of eligi- 24 ble projects to receive financial assistance under this Act HR 3978 IH 5 1 at such time, in such manner, and containing such infor- 2 mation as the Secretary may require. 3 (b) COMBINED PROJECTS.—The Secretary shall pro - 4 vide, only in the case of a State infrastructure financing 5 authority, that such an entity may submit a single applica- 6 tion for a combination of projects, each of which is an 7 eligible project under section 8(b). 8 SEC. 7. DETERMINATION OF ELIGIBILITY AND PROJECT SE - 9 LECTION. 10 (a) SELECTION OF PROJECTS.—Using the selection 11 criteria under subsection (d), the Secretary shall select, 12 from applications submitted pursuant under this Act, eli- 13 gible projects that meet the criteria under subsections (b) 14 and (c) for financial assistance under this Act. 15 (b) ACTIVITIES ELIGIBLE FOR ASSISTANCE. - 16 Amounts from a loan made or guaranteed under this Act 17 provided for an eligible project may be used to pay the 18 costs of carrying out such project, including costs of - 19 (1) development -phase activities, including plan - 20 ning, feasibility analysis, revenue forecasting, envi- 21 ronmental review, permitting, preliminary engineer - 22 ing and design work, and other preconstruction ac - 23 tivities; 24 (2) construction, reconstruction, rehabilitation, 25 and replacement activities; HR 3978 IH 6 1 (3) the acquisition of real property (including 2 land relating to the project and improvements to 3 land), environmental mitigation, construction contin- 4 gencies, and acquisition of equipment; 5 (4) capitalized interest necessary to meet mar - 6 ket requirements, reasonably required reserve funds, 7 capital issuance expenses, and other carrying costs 8 during construction; and 9 (5) refinancing interim construction funding, 10 long-term project obligations, or a secured loan or 11 loan guarantee made under this Act. 12 (c) PROJECT REQUIREMENTS. An eligible project 13 may not be selected to receive financial assistance under 14 this Act unless the Secretary determines that the project 15 meets all of the following criteria: 16 (1) CREDITWORTHINESS. - 17 (A) IN GENERAL.—Subject to subpara- 18 graph (B), the project shall be creditworthy, as 19 determined by the Secretary as applicable, to 20 ensure that any financing for the project has 21 appropriate security features, such as a rate 22 covenant, to ensure repayment. 23 (B) PRELIMINARY RATING OPINION LET - 24 TER.—The Secretary shall require an applicant 25 for each project to provide, as part of the appli- HR 3978 IH 7 1 cation for the project under this section, a pre - 2 liminary rating opinion letter from at least one 3 rating agency indicating that the senior project 4 obligations of the project (which may be the 5 Federal credit instrument) have the potential to 6 achieve an investment-grade rating. 7 (C) SPECIAL RULE FOR CERTAIN COM - 8 BINED PROJECTS.—The Secretary shall develop 9 a credit evaluation process for a Federal credit 10 instrument provided to a State infrastructure 11 financing authority for a project described in 12 subsection (b), which may include requiring the 13 provision of a preliminary rating opinion letter 14 from at least one rating agency. 15 (2) ELIGIBLE PROJECT COSTS.—The costs of 16 an eligible project shall be reasonably anticipated to 17 be not less than $2,000,000. 18 (3) DEDICATED REVENUE SOURCES.—The Fed - 19 eral credit instrument for the project shall be repay - 20 able, in whole or in part, from dedicated revenue 21 sources that also secure the project obligations. 22 (4) PUBLIC SPONSORSHIP OF PRIVATE ENTI- 23 TIES.—In the case of a project carried out by an en - 24 tity that is not a State or local government or an HR 3978 IH 8 1 agency or instrumentality of a State or local govern- 2 ment, the project shall be publicly sponsored. 3 (5) PUBLIC INVOLVEMENT PROCESS.—The ap- 4 plicant shall show evidence of having incorporated a 5 public involvement process in the application, and 6 plans for continued public involvement through the 7 implementation of the process. The public involve- 8 ment processes shall be proactive and provide com- 9 plete information, timely public notice, full public ac- 10 cess to key decisions, and opportunities for early and 11 continuing involvement. The processes shall provide 12 for- 13 (A) reasonable public access to technical 14 and policy information used in the development 15 of the application; 16 (B) adequate public notice of public in- 17 volvement activities and time for public review 18 and comment at key decision points; 19 (C) a process for demonstrating explicit 20 consideration and response to public input dur- 21 ing the planning and program development 22 process; and 23 (D) a process for seeking out and consid- 24 Bring the needs of those traditionally under- 25 served by existing transportation systems, such HR 3978 IH 9 1 as low-income and minority households which 2 may face challenges accessing employment and 3 other amenities. 4 (d) SELECTION AMONG ELIGIBLE PROJECTS. - 5 (1) ESTABLISHMENT.—The Secretary shall es - 6 tablish a rolling application process in which projects 7 that are eligible to receive credit assistance under 8 subsection (a) shall receive credit assistance on 9 terms acceptable to the Secretary, if adequate funds 10 are available to cover the subsidy costs associated 11 with the Federal credit instrument. 12 (2) ADEQUATE FUNDING NOT AVAILABLE.—If 13 the Secretary fully obligates funding to eligible 14 projects in a given fiscal year, and adequate funding 15 is not available to fund a credit instrument, a 16 project sponsor of an eligible project may elect to 17 enter into a master credit agreement and wait until 18 the following fiscal year or until additional funds are 19 available to receive credit assistance. 20 (e) Low-INcoME COMMUNITIES.—The Secretary 21 shall ensure that not less that 25 percent of funds under 22 this section are used to support projects in low-income 23 communities. HR 3978 IH 10 1 (f) FEDERAL REQUIREMENTS.—Nothing in this sec - 2 tion may be construed to alter, affect, or annul the appli- 3 cability of any other Federal law. 4 SEC. 8. SECURED LOANS AND LOAN GUARANTEES. 5 (a) AUTHORITY.—The Secretary may enter into 6 agreements with eligible entities to make, and may make, 7 secured loans to such entities as provided under this sec - 8 tion for eligible projects selected under section 8. 9 (b) USE. - 10 (1) IN GENERAL —The proceeds of a secured 11 loan under this section shall be used only - 12 (A) to finance project costs of an eligible 13 project selected under section 8; 14 (B) subject to paragraph (2), to refinance 15 interim construction financing of eligible project 16 costs of an eligible project selected under sec - 17 tion 8; or 18 (C) to refinance long-term project obliga- 19 tions or Federal credit instruments, if such refi- 20 nancing provides additional funding capacity for 21 the completion, enhancement, or expansion of a 22 project that - 23 (i) is selected under section 8; or 24 (ii) was originally financed, in whole 25 or in part, with amounts provided other HR 3978 IH 11 1 than under this Act, if the project other - 2 wise meets the requirements of section 8. 3 (2) LIMITATION ON REFINANCING OF INTERIM 4 CONSTRUCTION FINANCING.—The proceeds of a se - 5 cured loan under this section made for an eligible 6 project may not be used for the purpose under para - 7 graph (1)(B) after the expiration of the 12 -month 8 period beginning on the date of substantial comple- 9 tion of the project. 10 (c) RISK ASSESSMENT.—Before entering into an 11 agreement under this subsection for a secured loan, the 12 Secretary, in consultation with the Director of the Office 13 of Management and Budget and each rating agency pro - 14 viding a preliminary rating opinion letter under section 15 8 (c) (1) (B), shall determine an appropriate capital reserve 16 subsidy amount for the secured loan, taking into account 17 each such preliminary rating opinion letter. 18 (d) INVESTMENT-GRADE RATING REQUIREMENT FOR 19 SENIOR OBLIGATIONS.—The execution of a secured loan 20 under this section shall be contingent on receipt by the 21 senior obligations of the project of an investment-grade 22 rating. 23 (e) TERMS AND LIMITATIONS.— HR 3978 IH 12 1 (1) MAXIMUM AMOUNT.—The amount of a se - 2 cured loan under this section shall not exceed the 3 lesser of - 4 (A) an amount equal to 49 percent of the 5 reasonably anticipated eligible project costs; or 6 (B) if the secured loan does not receive an 7 investment-grade rating, the amount of the sen - 8 for project obligations of the project. 9 (2) PAYMENT.—A secured loan under this sec - 10 tion - 11 (A) shall be payable, in whole or in part, 12 from State or local taxes, user fees, or other 13 dedicated revenue sources that also secure the 14 senior project obligations of the relevant 15 project; 16 (B) shall include a rate covenant, coverage 17 requirement, or similar security feature sup - 18 porting the project obligations; and 19 (C) may have a lien on revenues described 20 in subparagraph (A), subject to any lien secur- 21 ing project obligations. 22 (3) INTEREST RATE.—The interest rate on a 23 secured loan under this section shall be - 24 (A) equal to the yield on marketable 25 United States Treasury securities of a similar HR 3978 IH 13 1 maturity to the maturity of the secured loan on 2 the date of execution of the loan agreement; 3 and 4 (B) fixed for the term of the loan. 5 (4) MATURITY DATE. - 6 (A) IN GENERAL.—Except as provided in 7 subparagraph (B), the final maturity date of a 8 secured loan under this section for an eligible 9 project shall be not later than 35 years after 10 the date of substantial completion of the 11 project. 12 (B) SPECIAL RULE FOR STATE INFRA - 13 STRUCTURE FINANCING AUTHORITIES.—The 14 final maturity date of a secured loan under this 15 section made to a State infrastructure financing 16 authority shall be not later than 35 years after 17 the date on which loan amounts are first dis- 18 bursed. 19 (5) NONSUBORDINATION.—A secured loan 20 under this section shall not be subordinated to the 21 claims of any holder of project obligations in the 22 event of bankruptcy, insolvency, or liquidation of the 23 obligor. 24 (6) FEES.—The Secretary may establish fees in 25 connection with a secured loan under this section, in HR 3978 IH 14 1 amounts sufficient to cover all or a portion of the 2 costs to the Federal Government of secured loans 3 under this section. 4 (7) USE OF PROCEEDS FOR PAYMENT OF NON - 5 FEDERAL SHARE.—The proceeds of a secured loan 6 under this section may be used to pay any non -Fed - 7 eral share required with respect to other funding ob- 8 tained for project costs, but only if such secured 9 loan is repaid using non -Federal funds. 10 (8) MAXIMUM FEDERAL INVOLVEMENT.—For 11 any project for which assistance is provided under 12 this Act, the total amount of Federal assistance 13 from all sources, including this Act, shall not exceed 14 80 percent of the total project cost. 15 (9) OTHER TERMS AND CONDITIONS.—A se - 16 cured loan provided for a project under this section 17 shall be subject to such other terms and conditions, 18 and contain such covenants, representations, war - 19 ranties, and requirements (including requirements 20 for audits), as the Secretary determines to be appro- 21 priate. 22 (f) REPAYMENT. - 23 (1) SCHEDULE.—The Secretary shall establish 24 a repayment schedule for each secured loan provided HR 3978 IH 15 1 under this section, based on the projected cash flow 2 from project revenues and other repayment sources. 3 (2) COMMENCEMENT.- 4 (A) IN GENERAL —Except as provided in 5 subparagraph (B), scheduled loan repayments 6 of principal or interest on a secured loan under 7 this section for an eligible project shall com- 8 mence not later than 5 years after the date of 9 substantial completion of the project. 10 (B) SPECIAL RULE FOR STATE INFRA- 11 STRUCTURE FINANCING AUTHORITIES.—Sched- 12 uled loan repayments of principal or interest on 13 a secured loan made under this section to a 14 State infrastructure financing authority shall 15 commence not later than 5 years after the date 16 on which amounts are first disbursed. 17 (3) DEFERRED PAYMENTS.- 18 (A) IN GENERAL.—If, at any time after 19 the date of substantial completion of a project 20 for which a secured loan is provided under this 21 section, the project is unable to generate suffi- 22 cient revenues to pay the scheduled loan repay- 23 ments of principal and interest on the loan, the 24 Secretary may, subject to subparagraph (C), 25 allow the obligor to add unpaid principal and HR 3978 IH 16 1 interest to the outstanding balance of the se - 2 cured loan. 3 (B) INTEREST. Any payment deferred 4 pursuant to subparagraph (A) shall - 5 (i) continue to accrue interest in ac - 6 cordance with subsection (e)(3) until fully 7 repaid; and 8 (ii) be amortized over the remaining 9 term of the secured loan. 10 (C) CRITERIA. Any payment deferral pur- 11 suant to subparagraph (A) shall be contingent 12 on the project meeting - 13 (i) standards for reasonable assurance 14 of repayment, as the Secretary shall estab- 15 lish; and 16 (ii) such other criteria as the Sec - 17 retary may establish. 18 (4) PREPAYMENT. - 19 (A) USE OF EXCESS REVENUES. Any ex - 20 cess revenues from an eligible project that re - 21 main after satisfying scheduled debt service re - 22 quirements on the project obligations and se - 23 cured loan and all deposit requirements under 24 the terms of any trust agreement, bond resolu- 25 tion, or similar agreement securing project obli- HR 3978 IH 17 1 gations may be applied annually to prepay a se - 2 cured loan under this section without penalty. 3 (B) USE OF PROCEEDS OF REFI - 4 NANCING.—A secured loan under this section 5 may be prepaid at any time, without penalty, 6 from the proceeds of refinancing from non -Fed - 7 eral funding sources. 8 (g) SALE OF SECURED LOANs.- 9 (1) IN GENERAL.—Subject to paragraph (2), if 10 the Secretary determines that the sale or reoffering 11 of a secured loan under this section for an eligible 12 project can be made on favorable terms, the Sec - 13 retary may sell the loan to another entity or reoffer 14 the loan into the capital markets as soon as prac- 15 ticable after the date of substantial completion of a 16 project and after providing notice to the obligor. 17 (2) CONSENT OF OBLIGOR.—In making a sale 18 or reoffering under paragraph (1), the Secretary 19 may not change the original terms and conditions of 20 the secured loan without the written consent of the 21 obligor. 22 (h) LOAN GUARANTEES. - 23 (1) IN GENERAL.—In lieu of making a secured 24 loan under this section for an eligible project, the 25 Secretary may provide a loan guarantee for a project HR 3978 IH 18 1 obligation for a project funded by a qualified lender 2 (as such term is defined in section 12), but only if 3 the Secretary determines that the cost as such term 4 is defined in section 502 of the Federal Credit Re - 5 form Act of 1990 (2 U.S.C. 661a) of the loan guar - 6 antee is substantially the same as or less than that 7 of making a secured loan. 8 (2) TERMS.—The terms of a loan guarantee 9 provided under this subsection shall be consistent 10 with the terms established in this section for a se- ll cured loan, except that the interest rate on the guar - 12 anteed loan and any prepayment features shall be 13 negotiated between the obligor and the qualified 14 lender, subject to the consent of the Secretary. 15 SEC. 9. PROGRAM ADMINISTRATION. 16 (a) REQUIREMENT.—The Secretary shall establish a 17 uniform system to service the Federal credit instruments 18 made available under this Act. 19 (b) SERVICER. - 20 (1) IN GENERAL —The Secretary may appoint 21 a financial entity to assist the Secretary in servicing 22 Federal credit instruments provided under this Act. 23 (2) DUTIi s. A servicer appointed under para - 24 graph (1) shall act as the agent for the Secretary. HR 3978 IH 19 1 (c) ASSISTANCE FROM EXPERTS.—The Secretary 2 may retain the services, including counsel, of organizations 3 and entities with expertise in the field of municipal and 4 project finance to assist in the underwriting and servicing 5 of Federal credit instruments provided under this Act. 6 SEC. 10. STATE AND LOCAL PERMITS. 7 The provision of financial assistance under this Act 8 for an eligible project shall not - 9 (1) relieve any recipient of such assistance of 10 any obligation to obtain any required State or local 11 permit or approval with respect to the project; 12 (2) limit the right of any unit of State or local 13 government to approve or regulate any rate of re - 14 turn on private equity invested in the project; or 15 (3) otherwise supersede any State or local law 16 or regulation applicable to the construction or oper- 17 ation of the project. 18 SEC. 11. DEFINITIONS. 19 hi this Act, the following definitions shall apply: 20 (1) ELIGIBLE ENTITY.—The term "eligible enti- 21 ty" means an entity listed in section 5 to receive fi- 22 nancial assistance under this Act. 23 (2) ELIGIBLE PROJECT.—The term "eligible 24 project" means a project described in section 6. HR 3978 IH 20 1 (3) ELIGIBLE PROJECT COSTS.—The term "eli- 2 gible project costs" means, with respect to an eligi- 3 ble project, any costs of the project eligible under 4 section 8 to be paid with amounts from a loan made 5 or guaranteed under this Act. 6 (4) FEDERAL CREDIT INSTRUMENT.—The term 7 "Federal credit instrument" means a secured loan 8 made, or loan guarantee provided, under section 9. 9 (5) INVESTMENT-GRADE RATING.—The term 10 "investment-grade rating" means, with respect to 11 project obligations, a rating of BBB minus, Baa3, 12 bbb minus, BBB (low), or higher as assigned by a 13 rating agency. 14 (6) LOAN GUARANTEE.—The term "loan guar- 15 antee" means any guarantee or other pledge by the 16 Secretary to pay all or part of the principal of, and 17 interest on, a loan or other debt obligation. 18 (7) OBLIGOR.—The term "obligor" means- 19 (A) with respect to a Federal credit instru- 20 ment that is a secured loan under section 9, the 21 eligible entity that is primarily liable for pay- 22 ment of the principal of, or interest on, the 23 loan; and 24 (B) with respect to a Federal credit instru- 25 ment that is a loan guarantee under section HR 3978 IH 21 1 9(h), the eligible entity that is primarily liable 2 for payment of the loan or other debt obligation 3 repayment of which is guaranteed pursuant to 4 such section. 5 (8) PROJECT OBLIGATION.—The term "project 6 obligation" means, with respect to an eligible 7 project, any note, bond, debenture, or other debt ob- 8 ligation issued by an obligor in connection with the 9 financing of the project. Such term does not include 10 a Federal credit instrument. 11 (9) QUALIFIED LENDER. - 12 (A) IN GENERAL.—The term "qualified 13 lender" means any non -Federal qualified insti- 14 tutional buyer, as such term is defined in sec - 15 tion 230.144A(a) of title 17, Code of Federal 16 Regulations (or any successor regulation), 17 known as Rule 144A(a) of the Securities and 18 Exchange Commission and issued under the Se - 19 curities Act of 1933 (15 U.S.C. 77a et seq.). 20 (B) INCLUSIONS.—Such term includes - 21 (i) a qualified retirement plan (as de - 22 fined in section 4974(c) of the Internal 23 Revenue Code of 1986) that is a qualified 24 institutional buyer; and HR 3978 IH 22 1 (ii) a governmental plan (as defined in 2 section 414(d) of the Internal Revenue 3 Code of 1986) that is a qualified institu- 4 tional buyer. 5 (10) RATING AGENCY.—The term "rating agen- 6 cy" means a credit rating agency registered with the 7 Securities and Exchange Commission as a nationally 8 recognized statistical rating organization (as defined 9 in section 3(a) of the Securities Exchange Act of 10 1934 (15 U.S.C. 78c(a))). 11 (11) SECRETARY.—The term "Secretary" 12 means the Secretary of Transportation. 13 (12) SECURED LOAN.—The term "secured 14 loan" means a direct loan or other debt obligation 15 issued by an obligor and funded by the Secretary 16 pursuant to section 9. 17 (13) STATE.—The term "State" means a State, 18 the District of Columbia, the Commonwealth of 19 Puerto Rico, and any other territory or possession of 20 the United States. 21 (14) STATE INFRASTRUCTURE FINANCING AU- 22 THORITY.—The term "State infrastructure financing 23 authority" means the State entity established or des- 24 ignated by the Governor of a State to receive assist- 25 ante under this Act. HR 3978 IH 23 1 (15) SUBSIDY AMOUNT.—The term "subsidy 2 amount" means, with respect to a Federal credit in - 3 strument, the amount of budget authority sufficient 4 to cover the estimated long-term cost to the Federal 5 Government of the Federal credit instrument, as cal - 6 culated on a net present value basis, excluding ad - 7 ministrative costs and any incidental effects on gov- 8 ernmental receipts or outlays in accordance with the 9 Federal Credit Reform Act of 1990 (2 U.S.C. 661 10 et seq.) . 11 (16) SUBSTANTIAL COMPLETION.—The term 12 "substantial completion" means, with respect to a 13 project, the earliest date on which a project is con - 14 sidered capable of performing the functions for 15 which the project is designed. 16 SEC. 12. REGULATIONS. 17 The Secretary may issue such regulations as the Sec - 18 retary considers appropriate to carry out this Act. 19 SEC. 13. FUNDING. 20 Section 608(a) of title 23, United States Code, is 21 amended - 22 (1) by redesignating paragraphs (4) through 23 (6) as paragraphs (5) through (7), respectively; and 24 (2) by inserting after paragraph (3) the fol - 25 lowing: HR 3978 IH 24 1 "(4) SET ASIDES. -Of the total amount of 2 funds made available to carry out this chapter for 3 each fiscal year - 4 "(A) 511,000,000 shall be set aside for pe - 5 destrian and bicycle infrastructure projects de - 6 scribed in the New Opportunities for Bicycle 7 and Pedestrian Infrastructure Financing Act of 8 2013 unless and until the pilot program estab- 9 lished by that Act is terminated; and 10 "(B) $1,000,000 for shall be set aside for 11 administrative costs of the program.". 12 SEC. 14. REPORT TO CONGRESS. 13 Not later than 2 years after the date of enactment 14 of this Act, the Secretary shall submit to Congress a re - 15 port summarizing the financial performance of the 16 projects that are receiving, or have received, assistance 17 under this Act, including a recommendation as to whether 18 the objectives of this Act are best served - 19 (1) by continuing the program under the au - 20 thority of the Secretary; and 21 (2) by phasing out the program and relying on 22 the capital markets to fund the types of infrastruc- 23 ture investments assisted by this Act without Fed - 24 eral participation. 0 HR 3978 IH Item No. 6 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Aaron Adams, City Manager DATE: March 25, 2014 SUBJECT: Support for SB 69 (Roth) and AB 1521 (Fox) Vehicle License Fee Adjustment (at the request of Council Member Washington) PREPARED BY: Betsy Lowrey, Sr. Management Analyst RECOMMENDATION: That the City Council Support Senate Bill 69 (Roth) and Assembly Bill 1521 (Fox) and direct the City Manager to draft letters of support presenting the City's position to be signed by the Mayor. BACKGROUND: The California State Department of Motor Vehicles collects fees on vehicles licenses, a portion of which goes to cities. Cities rely on this Vehicle License Fee (VLF) revenue to pay for city services, and newly incorporated cities and cities with annexations depended on the revenue to ensure their future fiscal health. In 2011, SB 89 redirected VLF revenues, which took away a key source of funding for four newly incorporated cities in Riverside County and Cities with approved annexations after 2004. SB 69 would allow cities that incorporated after 2004 (including the four existing new cities in Riverside County), to resume receipt of revenues anticipated prior to their incorporation. This measure would restore funding stability to these recently incorporated cities, and cities that annexed inhabited territory. AB 1521 is a companion piece of legislation that would ensure the continuance of VLF revenue to cities. This measure would also restore funding stability to cities that annex inhabited territory. It would establish a VLF adjustment amount based on changes in assessed valuation of property that would replace lost revenue from the 2011 SB 89 directive with property tax revenue. These measures would remedy the burdensome impacts on the affected cities by restoring funding relied upon for services to their communities. FISCAL IMPACT: None ATTACHMENTS: 1. Letter in joint support of SB 69 (Roth) and AB 1521 (fox) 2. Letter in support of SB 69 (Roth) 3. Letter in support of AB 1521 (Fox) March 25, 2014 The Honorable Richard Roth State Capitol, Room 4034 Sacramento, CA 95814 The Honorable Steve Fox State Capitol Sacramento, CA 95814 RE: SB 69 (Roth) and AB 1521 (Fox) Vehicle License Fee Adjustment. NOTICE OF SUPPORT The City of Temecula is pleased to support both SB 69 and AB 1521 relating to incorporations and property tax allocations. First and foremost, this measure is about doing the right thing to rectify a critical problem affecting several of the state's newest cities (Eastvale, Menifee, Jurupa Valley, and Wildomar), and cities that recently annexed inhabited unincorporated territory to improve service delivery in furtherance of local agency formation commission (LAFCO) policies. The revenues that these communities relied upon were eliminated by the state budget in 2011 (SB 89). These communities were afforded no due process when these revenues were taken. There was no policy committee process and no opportunity for these cities to inform the legislature on the impact of these cuts. Rather, laws and policies that took years of careful legislative policy deliberations to establish were swept away in a matter of hours. SB 69 (Roth) and AB 1521 (Fox) will provide new cities and annexations with "property tax in lieu of VLF" (PTIL-VLF) like other cities. For a new city incorporating after 2004 (including the four existing new cities in Riverside County), a formula in the statute will establish a base year PTIL-VLF. In subsequent years the amount will be adjusted according to the same rules applied to other cities. For a city annexing inhabited areas, the added assessed valuation in the annexed area will be included in the annual calculation of a city's growth in PTIL-VLF. These measures would remedy the burdensome impacts on the affected cities by restoring much needed funding allowing them to maintain and restore services to their communities. The Cities within the Riverside Division of the League of California Cities support your efforts and are willing to assist you in any way possible. Sincerely, Maryann Edwards Mayor March 25, 2014 The Honorable Senator Richard Roth State Capitol, Room 4034 Sacramento, CA 95814 RE: SB 69 (Roth) Incorporations and Annexations Notice of Support Dear Senator Roth: The City of Temecula is pleased to support your SB 69 (Roth). This measure would restore funding stability to recently incorporated cities and cities that annexed inhabited territory, and establish a foundation to support sustainable and compact growth policies. The affected cities are experiencing a loss of funds used to provide services to annexed areas since 2011 when the state swept all city vehicle license fee (VLF) revenues to fund law enforcement grants that previously had been funded by the state. Recently incorporated cities, such as Jurupa Valley, were particularly harmed. But there are also major future state policy costs to be considered when future incorporations and the annexation of inhabited county incorporated territory no longer make fiscal sense. City development patterns are urban and dense and are regulated by Local Agency Formation Commission's (LAFCO) policies. LAFCO is charged with steering future development away from sensitive habitats and prime farmland. New incorporations must be approved by LAFCO as well as local voters; once incorporated, future annexations to the city's urban boundary must be approved by LAFCO. In contrast, county development patterns are typically less dense and not regulated by LAFCO. SB 69 allows affected cities to participate in the funding solution that was provided to all cities and counties at the time of the 2004 VLF -property tax swap, where local agencies were able to swap dollar -for -dollar these amounts. While the VLF -property tax swap solved one problem, it created another in that it contained no provisions that recognized that cities would annex inhabited areas (an activity supported by various state policies) or that future incorporations would occur in a state with continued population growth. A solution was developed with AB 1602 of 2006 using some remaining VLF funds, but that was swept away with the state's actions in approving SB 89 in 2011. The Honorable Senator Richard Roth March 25, 2014 Page 2 of 2 This measure resolves this problem in a permanent way with a statutory formula that provides cities incorporated since 2004 and inhabited annexations with shares of property tax in lieu of the amount of vehicle license fee revenue they would have received in the prior VLF -property tax swap. In future years, the amount will be adjusted according to the same rules applied to other cities. Besides addressing the fiscal harm that occurred to cities with the passage of SB 89, this solution also provides long-term policy benefits to the state. State policies for achieving sustainability, greenhouse gas reduction, smart growth, infill and transit - oriented development and preserving farmland and open space have staked much on the role and success of cities. The fiscal costs of this solution are minor compared to the policy costs of not supporting city -centered compact growth. Sincerely, Maryann Edwards Mayor March 25, 2014 The Honorable Assembly Member Steve Fox State Capitol, Room 3132 Sacramento, CA 95814 RE: AB 1521 (Fox) Annexations Notice of Support Dear Assembly Member Fox: The City of Temecula is pleased to support your AB 1521. This measure would restore funding stability to cities that annex inhabited territory, and re-establish a foundation that supports sustainable and compact growth policies. Since 2011, the affected cities are experiencing a loss of funds used to provide services to annexed areas when the state, with the passage of SB 89 of 2011, swept all city vehicle license fee (VLF) revenues to fund law enforcement grants that previously had been funded by the state. Included in the revenues swept up by SB89 were special allocations provided to these annexing cities to mitigate an effect of the VLF Swap of 2004. Since 1933, cities and counties had received portions of the VLF that was allocated to them on a per -capita basis. This revenue was important to support annexations of existing unincorporated islands and areas adjacent to cities. Services to the annexed areas could be funded with the additional VLF revenue that came with each new resident. While the additional VLF revenue did not offset all service delivery costs associated with an annexation, it helped tremendously in ensuring that annexations could "pencil out" for cities. In the late 1990's the Legislature destabilized this long-time source of local revenue by crafting a proposal that reduced the amounts paid by vehicle owners by two-thirds and promising to backfill local revenue losses with a dollar -for -dollar General Fund allocation to local governments. The promises to "backfill" these revenues quickly became mired in legislative politics when General Fund revenues declined several years later. Ultimately, a solution was reached in 2004 with the enactment of the VLF - property tax swap (VLF Swap). March 25, 2014 Page 2 of 2 While the 2004 VLF Swap stabilized funding for existing cities and counties by giving them permanent shares of additional property tax in exchange for lost shares of VLF, it also created two major future policy problems that have the effect of undercutting city compact growth patterns: (1) The VLF Swap failed to adjust for the future growth of the state; when cities annexed inhabited areas or incorporated there were no allocations of property tax shares to offset the VLF revenues those communities would have received in prior years; thus the incentives to annex inhabited areas were gone. (2) Prior to legislative tinkering with the VLF, cities had three diverse revenues sources: sales tax, property tax and the VLF. After the VLF Swap, cities had only sales tax and property tax, with only a minor amount of VLF. The prior VLF -incentive that rewarded the annexation of more people into a city was gone. A solution was developed with AB 1602 of 2006 using some remaining VLF funds, but that was swept away with the state's actions in approving SB 89, which passed the legislature in a matter of hours with no public hearings. AB 1521 resolves the annexation aspect of this problem in a permanent way through a statutory formula that provides cities that annexed inhabited areas since 2004 with additional shares of property tax in lieu of the amount of vehicle license fee revenue they would have received prior to the VLF -property tax swap. In the future, these amounts will be adjusted according to the same rules applied to other cities. SB 69 (Roth), pending in the Assembly, contains a similar solution that also assists incorporations that were affected by the enactment of SB 89. Besides addressing the fiscal harm that occurred to cities with the passage of SB 89, this solution also provides long-term policy benefits to the state in two areas: (1) It supports state Local Agency Formation Commission's (LAFCO) policies. LAFCO is charged with steering future city development away from sensitive habitats and prime farmland. Future annexations to a city's urban boundary must be approved by LAFCO. In contrast, county development patterns are typically less dense and not regulated by LAFCO. (2) State policies for achieving sustainability, greenhouse gas reduction, smart growth, infill and transit -oriented development and preserving farmland and open space have staked much on the role and success of cities. State compact growth policy objectives will suffer over the long term if cities lose incentives that support annexation of inhabited areas. We appreciate your leadership on this important matter. Sincerely, Maryann Edwards Mayor Item No. 7 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Assistant City Manager DATE: March 25, 2014 SUBJECT: Management Compensation Plan and Employee Computer Purchase Program RECOMMENDATION: That the City Council: 1. Approve the update to the Management Compensation Plan in substantially the form attached hereto; 2. Approve the update to the Employee Computer Purchase Program and authorize the City Manager to make subsequent changes and updates. BACKGROUND: In October of 2013, the City Council approved a 3 -year Memorandum of Understanding (MOU) with the employees represented by the Teamsters Local 911. The City's past pattern and practice has been to afford all Management, Confidential and Executive employees, not covered by the MOU, the same benefit package provided to the represented employees. Additional benefits offered to these employee groups are spelled out in the Management Compensation Plan (MCP). These additional benefits are essentially limited to additional life insurance, an annual allocation of executive leave, an eight step salary range, reporting of employer paid member contributions to PERS, and severance benefits & an automobile allowance for Executive employees. Staff has updated the MCP to incorporate updates and revisions to make the document consistent with the MOU and current City policies. City Council Members are eligible for the retirement, health and welfare benefits under the provisions of Government Code Sections 53200 to 53299 and 36516. The Council retirement, health and welfare benefits are described in Section 19, Cafeteria Plan, Section 20, Life Insurance, and Section 21, Retirement, of this MCP. These benefits have been provided to the City Council in the past through the MCP; the only change in this updated MCP that affects the City Council Members is the amount of the allocation for the cafeteria plan. One provision in the approved October 2013 MOU and the MCP modified the type of equipment eligible to be purchased using the Employee Computer Purchase program. Due to advancements in technology the City now utilizes iPads and tablets to perform various work functions. The updated purchase program now includes these types of equipment. FISCAL IMPACT: None - All costs associated with the implementation of the provisions of the Management Compensation Plan were included in those reported to the City Council when considering the approval of the October 2013 MOU. The Computer Purchase Program is a loan repaid by the employee. ATTACHMENTS: 1. Management Compensation Plan 2. Employee Computer Purchase Program 3] Ilo Hoar # of Southern C6liforrila Wine Country City of Temecula Management Compensation Plan March 25, 2014 Table of Contents Section 1: Introduction 1 Section 2: Personnel Files 1 2.1 Derogatory Material 1 2.2 Derogatory Material on File 2 2.3 Customer/Citizen Letters of Commendation 2 Section 3: Hours of Work 2 3.1 Participation 2 3.2 Work Week 2 3.3 9/80 Work Week 3 3.4 Alternating Day Off Designation 3 3.5 Flexible Working Hours 3 Section 4: Compensation Adjustments 3 4.1 Longevity Compensation 3 4.2 Special Merit Pay 4 4.3 Bilingual Pay 4 4.4 Notary Pay 4 Section 5: Holiday Pay 4 5.1 Assigned Schedule for Holiday Pay 4 5.2 Pro -Rated Holiday Pay 5 5.3 Scheduled to Work a Holiday 5 5.4 9/80 Work Plan for Holiday Pay 5 5.5 Floating Holiday 5 Section 6: City Holidays 5 Section 7: Overtime 6 7.1 Time Worked 6 Section 8: Overtime Authorization 6 Section 9: Compensatory Time 7 9.1 Accrual 7 9.2 Time Used for Leave 7 9.3 Cash Out 7 Section 10: Shift Differential Pay 7 Section 11: Temporary Upgrade 7 Section 12: Probationary Periods 8 12.1 Promotional Probation 8 Section 13: Eligibility for Merit Increases/Performance Evaluations 8 13.1 Performance Evaluations 8 13.2 Overdue Evaluations 8 Section 14: Tuition Reimbursement 9 14.1 Required Educational or Training Courses 9 14.2 Training Time 9 14.3 Reimbursement 9 Section 15: Employee Computer Purchase Program 10 Section 16: Paid Leave 10 16.1 Comprehensive Annual Leave 10 16.2 Catastrophic Leave 11 16.3 Executive Leave 11 16.4 CAL/Executive Leave Time Cash Out 11 16.5 Bereavement Leave 12 16.7 Jury Duty and Court Related Absences 12 16.8 Military Leave 12 Section 17: Family Care and Medical Leave of Absence 13 17.1 Pregnancy Disability Leave 13 Section 18: Leaves of Absence Without Pay 13 Section 19: Cafeteria Plan 14 19.1 Health Coverage 14 19.2 Dental Coverage 14 19.3 Vision Coverage 14 19.4 Disability Insurance 14 19.5 Flexible Benefits Program 15 19.6 Retiree Medical, Dental and Vision Premium Reimbursement 15 Section 20: Life Insurance 16 Section 21: Retirement 16 Section 22: Deferred Compensation 18 Section 23: Alcohol and Drug Policy 18 Section 24: Severance Pay 18 Section 25: Automobile Allowance 18 Section 26: Uniform Allowance and Boot Reimbursement 18 Section 27: Reasonable Accommodation of Employees with Disabilities 19 Section 28: Discipline 19 Section 29: Classifications Covered under this Plan 19 29.1 City Council Retirement, Health and Welfare Benefits 19 ii Section 1: Introduction This Management Compensation Plan (MCP) will govern the compensation and schedule of benefits for Confidential, Management, and Executive Management employees of the City of Temecula (City). As authorized by the provisions of Government Code Sections 53200 to 53299 and 36516 and other applicable law, Members of the City Council will receive certain retirement, health and welfare benefits as specifically designated in this MCP. Definitions 1. Executive Management: Employees who are either Department Directors or defined as Executive Management by the Temecula Municipal Code or by City Policy. Executive Management employees are generally exempt from Fair Labor Standards Act (FLSA) overtime requirements. This exemption is based upon the fact that all executive management employees have passed the salary and duty tests required for this exemption. 2. Management: All employees defined as Management employees by the Temecula Municipal Code or City policy. Management employees are generally exempt from FLSA overtime requirements. This exemption is based upon the fact that all management employees have passed the salary and duty tests required for this exemption. 3. Confidential: Confidential Employees are defined as an employee whose duties normally require access to confidential information; an employee who acts in a confidential capacity who contributes significantly to the development of management policies and procedures. Confidential employees will be reviewed on a classification -by -classification basis to determine if they are or are not eligible for exempt status. Section 2: Personnel Files The official personnel file of each employee shall be maintained in the Human Resources Department. An employee may authorize a supervisor/manager in writing to review or obtain copies of the employee's file with the exception of material that includes ratings, reports or records which are obtained prior to the employment of the employee involved. 2.1 Derogatory Material Derogatory written materials (generally written reprimands and disciplinary suspension, excluding performance evaluation) shall be removed from an employee's official file in the Human Resources Department, providing there have been no further occurrences of documented violations, at the employee's request. Written reprimands are eligible to be removed, after two (2) years and disciplinary suspension after three (3) years if above criteria have been met. In order for the derogatory written materials to be removed, Human Resources must receive a formal written request from the employee to remove such materials. 1 2.2 Derogatory Material on File Employees shall be provided a copy of any derogatory material that is to be placed in their official file. 2.3 Customer/Citizen Letters of Commendation All customer or citizen letters of a positive nature and/or any City commendations, letters of achievements and recognition will be placed in the employee's personnel file, at the employee's request. Section 3: Hours of Work The City has an absolute right to assign work schedules for City employees. If the City proposes to change the work schedule of a classification or an employee in a classification, covered by this plan, the City will provide the employee with a written notice which will include the valid business need for the schedule modification. Such written notice will be provided at least ten (10) business days in advance of any change. The City will continue to offer the 9/80 work schedule, as defined below, to employees covered by this plan as long as it available to employees represented by other collective bargaining agreements. A 9/80 Work Schedule, is a work plan whereby employees work 80 hours in nine (9) workdays of the traditional ten (10) workday period. Unlike non-exempt employees, exempt employees receive a salary for their services and are not responsible for reporting their work hours on an hour for hour basis. Management employees will receive full day compensation when hours worked, on that day, is only partial, with the understanding that Management (exempt) employees work more than an average of 40 -hours per week. 3.1 Participation Participation in this work plan is on a City wide basis. Employees have the option of participating in the 9/80 Work Plan if the Department Director has agreed and the affected classification is eligible based upon the scheduling and service needs of the department. Upon Department Director approval, employees may change from a 9/80 or traditional schedule to the other work schedule on a temporary or on-going basis. 3.2 Work Week For the purpose of computing overtime, the workweek for employees who work the 5/40 schedule is a seven (7) day period beginning at 12:01 a.m. on each Saturday and ending at midnight on each Friday. 2 3.3 9/80 Work Week For the purpose of computing overtime, the work week for employees who work the 9/80 Work Schedule is a seven (7) day period beginning exactly four hours after the start time of the employee's work schedule on the day of the week the employee is scheduled to work eight (8) hours. 3.4 Alternating Day Off Designation Friday will be the only alternating day off during the week unless modified by the Department Director. Executive Staff member modifications must be approved by the City Manager. 3.5 Flexible Working Hours An employee may flex their work hours within the assigned work schedule (9/80 vs. traditional) with Department Director approval. Flexible work hours are defined as start and stop times within a day which may vary, including lunch duration, as long as it stays within their assigned work schedule and is in accordance with relevant labor laws. Section 4: Compensation Adjustments Each employee subject to this plan shall receive one percent increases in their hourly rate of pay on each of these three dates: The first full pay period following October 16, 2013 (the date of ratification of the MOU between the City and the general employees represented by the Teamsters Local 911); on July 1, 2014, and on July 1, 2015. This plan is subject to modification subject to further non-binding discussion of economic issues in November 2014, at the request of either the employees covered by this MCP or the City, with the understanding that such discussions shall be completed by December 31, 2014,. This plan is also subject to additional non-binding discussion of economic issues in Spring 2015, at the request of either the employees covered by this MCP or the City, with the understanding that such discussions shall be completed by June 30, 2015. 4.1 Longevity Compensation Upon completion of 10 years of a one time lump sum Longevity Upon completion of 15 years of a one time lump sum Longevity Upon completion of 20 years of a one time lump sum Longevity Upon completion of 25 years of a one time lump sum Longevity City Service, employees Bonus of $350. City Service, employees Bonus of $500. City Service, employees Bonus of $750. City Service, employees Bonus of $1,000. 3 covered by this plan covered by this plan covered by this plan covered by this plan will receive will receive will receive will receive 4.2 Special Merit Pay In an effort to recognize and reward sustained superior performance, the City will provide a Special Merit Pay Program to eligible employees. Beginning on July 1, 2013, all employees will be eligible for $500 in Special Merit Pay, on their service anniversary date, if they have completed more than five or more years of service with the City and have an overall rating of "Commendable" or "Outstanding" on three out of their last five annual evaluations. The overall rating needs to be Commendable or Outstanding including + or — in these categories. Combination ratings such as Typically Meets/Commendable (T/C) will not be counted as an eligible rating. Should there be a change to the rating categories as a result of revisions to the City's Performance Evaluation format, the City agrees to discuss needed adjustments to this provision. If an employee's annual evaluation is 90 days overdue and they are eligible for Special Merit Pay, a rating of "Commendable" or "Outstanding" will be required on only two out of the employee's last four annual evaluations. The Special Merit Pay will be paid to an eligible employee as soon as practicable following the 90 day period. 4.3 Bilingual Pay Employees, who have demonstrated the ability to translate both written and spoken Spanish, by passing an annual City administered test, will receive $50 per pay period for bilingual compensation. This bilingual compensation is provided as an incentive to recruit and retain bilingual employees in order to ensure that the City provides quality customer service to residents. For the purpose of this policy, the City will provide bilingual compensation to a maximum of two employees in each operating department. If more than two employees are eligible, actual compensation will be awarded based on the two highest scores on the annual City administered test. Based on service level needs, the number of eligible employees can be modified by the City Manager or designee to meet the City's needs. 4.4 Notary Pay The City will provide $25.00 per pay period to employees who maintain a public notary and who are designated by the City as a Public Notary. Section 5: Holiday Pay 5.1 Assigned Schedule for Holiday Pay Based upon the eligible employee's assigned schedule, they will receive holiday pay for hours worked on the applicable City observed holiday. 4 5.2 Pro -Rated Holiday Pay Regular part-time employees receive holiday pay on a pro -rated basis based on the employee's assigned work schedule. 5.3 Scheduled to Work a Holiday If a Confidential Non-exempt Employee is required to work on a holiday, then that employee will be paid for the actual hours of work at the rate of one and one half times that employee's regular rate of pay plus a shift differential, in accordance with Section 10. In addition, the employee will be paid holiday pay in accordance with Section 5.1 or 5.2. 5.4 9/80 Work Plan for Holiday Pay If a holiday occurs on an employee's scheduled day off, the employee will be granted holiday pay equivalent to the hours that would have been worked in accordance with the employee's assigned schedule. 5.5 Floating Holiday Based upon the eligible employee's assigned schedule, a floating holiday will be provided at the beginning of each fiscal year. The floating holiday hours will be pro -rated at the time of hire. When using a floating holiday, employee must use the hours in one block. The floating holiday cannot be used to make up time for being short time during a regular workday. The floating holiday needs to be treated as a regular City observed holiday. The floating holiday may not be carried over year to year and cannot be cashed out at the end of a fiscal year. Section 6: City Holidays Benefitted employees receive a total of 12 City holidays each calendar year. The City observes the following 12 fixed holidays: New Year's Day Martin Luther King, Jr. Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Friday following Thanksgiving Day 1/2 day — Christmas Eve Afternoon Christmas Day '/2 day — New Year's Eve Afternoon One floating holiday is provided in each Fiscal Year this MCP is in effect. Floating Holidays must be scheduled in advance, similar to scheduling other time off. 5 Observance: holidays which fall on a Saturday will normally be observed on the preceding Friday, holidays which fall on a Sunday will normally be observed on the following Monday. The City Manager will determine the actual dates on which holidays will be observed each year. In the case of the 1/2 day holiday observances, City facilities will be closed to the public at noon. Eligibility: regular employees who are on paid status for their entire regular work shifts immediately prior to and immediately following the holiday will be paid for the holiday. Section 7: Overtime All non-exempt employees required to perform in excess of 40 hours in a work week, as defined in Sections 3.2 and 3.3, shall receive compensation at the rate of time and one-half of the employee's regular rate of pay for hours worked in excess of 40 hours. All employees required to perform in excess of 12 hours in a workday shall receive compensation at the rate of double time of the employee's regular rate of pay for those hours in excess of 12 hours. For the purposes of determining double time, a work day is defined as the 24-hour period beginning at 12:OOAM and ending at 11:59:59PM. In determining an employee's eligibility for overtime, paid and unpaid time off, as listed below, shall be excluded from the total hours worked. Also excluded are duty free lunches, travel time to and from work, and time spent conducting bona fide volunteer activities. Paid time off includes, but is not limited to, the following: A. Unscheduled Comprehensive Annual Leave B. Unscheduled Compensatory Time C. Administrative Leave D. Jury Duty E. Bereavement Leave F. Military Leave There shall be no pyramiding of overtime, except for shift differential pay. Hours worked by an employee in any workday or workweek on which premium rates have once been allowed shall not be used again in any other overtime calculation other than computing total actual hours worked. Time worked shall be computed by rounding to the nearest 15 minute increment. As defined, if less than 7 minutes are worked then time worked will be rounded down and if the employee works between 7 and 15 minutes, then time worked will be rounded up. Employees may elect to receive compensation or bank the overtime as Compensatory Time. In addition the following provisions apply. 7.1 Time Worked Time worked: for purposes of this section, hours worked include only those hours in which the employee performs services authorized by the City. Section 8: Overtime Authorization No non-exempt employee shall work overtime unless the working of overtime hours has been specifically authorized in advance, by the employee's supervisor. 6 Violations of this article can result in disciplinary actions pursuant to the City's Disciplinary Policy. Section 9: Compensatory Time In lieu of receiving overtime pay pursuant to Section 7 (Overtime) and Section 8 (Overtime Authorization) a non-exempt employee may elect to receive compensatory time off on a time and one-half basis for each hour worked. Compensatory Time Off is considered permissive leave and subject to department approval consistent with Section 16 (Comprehensive Annual Leave). In addition, the following shall apply regulating the usage of compensatory time off: 9.1 Accrual No employee shall accrue more than 80 hours of Compensatory Time. 9.2 Time Used for Leave Compensatory Time may be used for leave subject to scheduling in accordance with Section 16 (Comprehensive Annual Leave) of this MCP. 9.3 Cash Out All Compensatory Time that is available to a non-exempt employee will be cashed out, at full value, and given to the employee in a pay period between November 15 and December 10. The Compensatory Time cash out will be paid out on a separate check. Under the sole discretion of the City Manager, employees may carryover a portion of Compensatory Time that would need to be used within 60 days. Section 10: Shift Differential Pay Non-exempt employees are eligible to receive a 5% shift differential (above their appropriate rate of pay) for all hours worked on Sundays, holidays, as well as the hours worked between 10 p.m. and 6 a.m. Any overtime worked on Sundays, holidays and the hours between 10 p.m. and 6 a.m. will be based on the shift differential overtime rate. Employees are eligible to receive a 5% split shift differential (above their appropriate rate of pay) for all hours worked in a day where their regular shift is split into segments with two hours or more between segments. Section 11: Temporary Upgrade As a result of vacancies, leaves of absence or other reasons, it may be necessary to temporarily reassign the duties of an authorized position to another employee. When such assignments require the employee to assume significant additional duties, which are outside the scope of the employee's regular assignment, it is appropriate to adjust the employee's salary to reflect the interim changes. Temporary Upgrades shall be processed in accordance with the City Personnel Policy covering this necessity. 7 Section 12: Probationary Periods All appointments, excluding promotional appointments, shall be subject to a probationary period of not less than one year of full time employment in the position. An employee on their original probation shall receive an evaluation at three months, six months and nine months. The City can extend probation for a maximum of six months. Employees will successfully pass probation if no extension is implemented and if no evaluation is provided by the last day of the probationary period. Passing probation is also not contingent on an employee receiving a probationary evaluation on time. 12.1 Promotional Probation Promotional probationary appointments shall be subject to a probationary period of not less than six months of full time employment in the position. During the probation period, the employee may be rejected at any time regardless of service without the right of a hearing or appeal. Any employee rejected during a promotional probation to which they have been promoted shall be reinstated to a position in the class from which they were promoted unless they were discharged for cause from the City. Section 13: Eligibility for Merit Increases/Performance Evaluations Each probationary or regular employee will be considered for, but is not guaranteed, a merit adjustment annually at their regular or adjusted anniversary date. Merit adjustments (based upon performance and the policy as stated in the Management Evaluation System) may be denied, deferred for future consideration, or granted at .5, 1, or 1.5 step intervals, at the Department Director's discretion and subject to City Manager's approval. Annual Performance Evaluation meetings will be completed within 30 days of the employee's anniversary date. Regular and Promotional Probationary employees are eligible for merit adjustments at or near the completion of their one year of continuous service and at the employee's annual anniversary date thereafter, provided that the employee is not at the maximum rate for their salary range. Approved merit adjustments will be retro -active to the official evaluation due date. 13.1 Performance Evaluations The Management Evaluation System (MES) will be used for the employees covered by this MCP. The MES will be utilized in evaluating an employee's performance, setting goals and objectives and recommending adjustments to annual compensation. The MES will utilize five ratings for each evaluation criteria: Outstanding, Commendable, Typically Meets, Improvement Needed, and Unsatisfactory. Newly hired Management employees will be evaluated at the completion of three, six, nine, and 12 months, and annually thereafter. 13.2 Overdue Evaluations Human Resources and Supervisory staff will work cooperatively to ensure the timely presentation of annual evaluations. At 60 days past the official evaluation due date, the Director of Human Resources will meet with the appropriate Department Director, of the affected employee, at which time a date will be determined to give the evaluation. If an 8 annual evaluation becomes 90 days overdue, an automatic step increase will be given (if applicable). Section 14: Tuition Reimbursement When an employee is ready to enroll in classes that they would like to receive tuition reimbursement for, they must first submit a tuition reimbursement pre -approval form to their supervisor. If approved, the supervisor, in turn, would submit the pre -approval form to Human Resources for consideration. As a condition of being reimbursed, the employee agrees to continue employment with the City for one year past the date of the receipt of the reimbursement. If the employee leaves the City, the amount of the reimbursement will be due to the City. Reimbursement is limited to no more than $1,200 for training or educational expenses in any one fiscal year. Additional funds may be approved on appeal to the City Manager. 14.1 Required Educational or Training Courses Any educational or training course that is a requirement for continuation of employment or is an identified part of a job evaluation shall be paid for by the City. Any other educational or training course that is job related shall, if prior approval for reimbursement is given by the City Manager or a designee, be reimbursed 100% after successful completion. All college or other graded classes shall require a minimum grade of a "C" in order to receive such reimbursement. Books or other materials shall only be paid for if some defined benefit can be shown to the City (i.e. books become part of the City reference library). Once the employee has received their official course grade, they then attach appropriate receipts and proof of grades to the City's Tuition Reimbursement form, complete the employee portion, have their Supervisor/Department Director complete their portion and submit the completed packet to Human Resources. Once reviewed and approved by Human Resources, the approved packet is submitted to the Department of Finance for processing. The employee will receive their approved tuition reimbursement amount on the next payroll cycle. 14.2 Training Time In general, training time during working hours shall be considered part of the job. Non- mandatory training after hours shall be considered voluntary, and no additional pay, overtime or compensatory time shall be given by the City, unless advanced special written approval is granted. Study time shall be considered completely voluntary. 14.3 Reimbursement Although the City applauds employees for their efforts in pursuit of additional education, the City shall not pay for educational degrees or for education in general, but will only reimburse employees for required or job-related classes and training. No reimbursement shall occur if an educational class does not provide a benefit to the City. The only exception to this is, the City will reimburse employees for three general education classes, over the life of this agreement, as long as the classes are a part of a degree or certificate program. These three classes must be approved, in advance, as required by this policy. There is no mileage reimbursement for travel to and from educational classes. Required forms must be completed and necessary documentation 9 (receipts and grades) must be provided, in order to receive reimbursement. Final and conclusive determinations of the reimbursement amount shall be made by the City Manager after review of the request and recommendations by the Department Director and the Human Resources Administrator. Section 15: Employee Computer Purchase Program This program allows employees to borrow, at no interest, up to $2,000 to purchase a personal computer, iPad, or similar "computer tablet" devices with a loan repayment of up to 24 months. An employee may only have one loan outstanding at any time. To qualify for the program, employees must be regular, full-time/part-time employees and have successfully passed their one year probationary period. This program will be administered pursuant to the City's Employee Computer Purchase Program Policy. Section 16: Paid Leave The City recognizes that there are various reasons for an employee to be away from the workplace. The following subsections describe the types of leave that may be utilized. 16.1 Comprehensive Annual Leave Comprehensive Annual Leave (CAL) is to ensure that all employees have an adequate amount of time off each year for rest and relaxation, personal business or personal/family illness. Regular employees earn Comprehensive Annual Leave (CAL) from the date of hire. Employees who are paid for less than 80 hours in a pay period will earn Comprehensive Annual Leave credits on a pro -rated basis for that pay period. Employees covered by this plan will earn CAL from the date of hire by the following accrual rates: Annual Increment Days of Leave (8 -hour days) Biweekly Accrual Rate (hours) Maximum Accumulation (hours) Hire Date 21 6.462 336 2-4 Years 23 7.077 368 4-6 Years 28 8.615 448 6-8 Years 30 9.231 480 8-10 Years 32 9.846 512 10+ Years 35 10.769 560 15+ Years 35 10.769 640 Annual leave will be earned on a prorated rate each pay period. 10 The maximum balance of unused CAL an employee may have at any one time is two times the employee's annual accrual except as noted for a 15+ year employee. The City Manager may grant an employee, on a case by case basis, the ability to accrue annual leave above two times the annual accrual limit for good cause shown. The administration of Comprehensive Annual Leave shall be pursuant to the City's Administrative Guideline. 16.2 Catastrophic Leave Upon approval of the City Manager, or designee, employees who have or will exhaust their paid leave due to a medical emergency to the employee or an immediate family member may request the solicitation of CAL donations from fellow employees. A "medical emergency" is defined as a serious medical condition that would require the prolonged absence of the employee from duty and would result in a substantial loss of income to the employee because the employee would be required to exhaust all of their available paid leave. The City has the right to request a doctor's note to verify the medical emergency. Refer to Section 16.5, Bereavement Leave, for definition of family member. Employees may donate a maximum of 16 hours to the Catastrophic Leave Pool provided 120 hours remain in the donating employee's CAL balance. All donated hours are pooled. Employees eligible for Catastrophic Leave will receive CAL hours from the pool. Individual employees may not receive more than 160 hours of donated Catastrophic Leave per fiscal year. 16.3 Executive Leave All Executive Management and Management employees covered by this MCP will be provided with a total of 40 hours of Executive Leave per fiscal year. Confidential employees are not entitled to Executive Leave as that group is eligible to receive overtime pay. Executive leave will be provided at the beginning of each fiscal year and must be taken during the fiscal year that it is acquired. If this leave is not taken during the year it is acquired, it will be cashed out with the CAL cash out pay period in June. Upon the recommendation of the employee's Department Director, the City Manager may approve up to an additional 40 hours of Executive Leave per year where the employee has provided exceptional service. Members of the Executive Management team are not eligible for this additional Executive Leave. 16.4 CAL/Executive Leave Time Cash Out Employees covered by this MCP may cash out up to 120 hours of CAL per fiscal year, provided a balance of 120 CAL hours is available after the cash out. CAL may be cashed out twice a year, once near the beginning of in December and once in June. The CAL cash out pay periods will be determined by the City's Finance Department. 11 Any Executive Leave not used during the fiscal year in which it was acquired will be cashed out and included with any CAL cash out in June of each year. The December CAL cash out will be added to a regular pay period's paycheck. The June Cash Out of CAL/Executive Leave will be processed as a separate check. 16.5 Bereavement Leave The City recognizes the importance of providing employees time off to mourn and take care of any details relating to the death of a member of their immediate family. Employees may receive a maximum of three business days for bereavement of an individual who is a member of the employee's immediate family or of other similar relation as determined by the City Manager. If an employee must travel more than 500 miles, one way, to attend a funeral, the employee is eligible for five business days of bereavement leave. Employees may also use CAL time in conjunction with bereavement leave. For the purposes of this section, immediate family (including natural, step or in-laws) shall be defined as spouse, domestic partner, mother, father, sister, brother, daughter, son and grandparents. Administration of Bereavement Leave shall be pursuant to the City's Administrative Guideline. 16.7 Jury Duty and Court Related Absences The City encourages employees to serve as jurors when called upon to do so. When an employee serves on jury duty or is called to testify on a case involving official City business, the employee receives full pay from the City. Employees are not required to submit any compensation received from the court for serving as a juror to the City. If an employee needs to appear in court regarding a personal situation or is summoned to report to court for a civil or criminal case that does not involve official City business then the employee is required to utilize available CAL or other types of leave. Administration of Jury Duty and Court Related Absences shall be pursuant the Administrative Guideline. 16.8 Military Leave The City recognizes the importance of allowing employees time off to serve in the U.S. Armed Forces. Military Leave shall be granted in accordance with the provisions of state and federal law, thereby allowing employees to take time necessary for the defense of our Country. An employee who is a member of the National Guard or of a reserve component of the U.S. Armed Forces shall, upon furnishing a copy of the official orders or instructions, be granted a military training leave. Training leaves will not, except in an emergency, or in the event of extenuating circumstances, exceed two weeks per year, plus reasonable 12 travel time. Upon presentation of a military pay voucher or endorsed orders, employees will receive full pay for up to 30 calendar days within one fiscal year. If the leave is greater than 30 days, then the employee may utilize accrued CAL or other types of leave available to the employee. If the employee is placed on active duty with appropriate documentation; the City will pay the difference between the City employee's salary and the employee's military pay for the entire duration of active duty. Compensation received is not reportable to CaIPERS. The City is required by law, to return the employee to the same classification upon the employee's return to City service. Administration of Military Leave shall be pursuant to the City's Administrative Guideline. Section 17: Family Care and Medical Leave of Absence To the extent not already provided for under current leave policies and provisions, the City will provide family and medical care leave for eligible employees as required by state and federal law. Administration of protected leaves shall be pursuant to the City Administrative Guidelines. 17.1 Pregnancy Disability Leave A pregnant employee shall be entitled to a leave of absence without pay for up to four months so long as the employee's attending physician certifies that she is physically unable to work due to pregnancy, childbirth or related medical condition. During said leave of absence without pay, the employee has the option of using CAL time. In addition, employees who are out on Pregnancy Leave will also be placed on FMLA. Their Pregnancy and FMLA Leaves will run concurrently. Upon expiration of the approved leave, the employee shall be reinstated to her former position or to a comparable one if the former position is abolished during the period of leave and the employee would otherwise not have been laid off. The comparable position is one having similar terms of pay, location, job content and promotional opportunities. Prior to the employee being reinstated, the Department Director may require a statement from the attending physician that the employee is physically capable of resuming the regular duties of her position. Failure to return to work after the authorized four month leave period causes the employee to have no reinstatement rights. An employee who plans to take such a leave should give reasonable notice of the date the leave shall commence and the estimated duration of the leave. Female employees shall be reasonably accommodated for conditions related to pregnancy, childbirth or related medical conditions if the employee requests an accommodation with the advice of her healthcare provider. Section 18: Leaves of Absence Without Pay Leave of Absence Without Pay is to be used for the purpose of unforeseen circumstances or other situations where leave is requested by the employee. The unforeseen circumstances under this type of leave do not relate to FMLA/CFRA or pregnancy leaves of absences. In all 13 cases, Leaves Without Pay must be approved by the City Manager or designee, and do not continue accrual of benefits. Employees should refer to Human Resources for specific details. Administration of Leaves of Absence Without Pay shall be pursuant the Administrative Guidelines Section 19: Cafeteria Plan The City agrees to contribute a $1,123 allotment per month (which includes $33/month, the result of the conversion of the Wellness Reimbursement Benefit previously offered pursuant to the MCP) for benefit utilization by each employee covered by this MCP effective July 1, 2013, which shall be increased by $75 to a total allotment of $1,198 per month on January 1, 2014. This allotment must be applied to all mandatory benefits as determined by the City. The first day of the month following the date of hire an employee, upon proper application and acceptance, the employee shall be covered under mandatory benefits as set forth in the contract between the City and the carrier(s). The employee can then apply the remainder to optional benefits as described below or take the remainder in cash. The City will discuss any state or federally mandated changes in benefits that occur following adoption of this MCP. The City agrees to include two MCP covered employees as part of the formal Benefit Committee that meets to discuss annual changes in any health and welfare benefit proposal for the next plan year. The benefit committee will meet prior to the start of the open enrollment period to educate employees on benefits provided during the upcoming plan year. 19.1 Health Coverage While this MCP is in effect, the City will continue offering the PERS Health Plan. Employees can opt out of the City provided medical plan if proof of outside medical coverage is provided. The City will meet with the Benefit Committee to discuss any changes in the City's Health Plan prior to open enrollment. 19.2 Dental Coverage While this MCP is in effect, the City will continue to offer dental coverage to employees covered by the MCP. The City will meet with the Benefit Committee prior to selection of the dental plan for a respective Plan Year. 19.3 Vision Coverage While this MCP is in effect, the City will continue to offer vision coverage to employees covered by the MCP. The City will meet with the Benefit Committee prior to selection of the vision care plan for a respective Plan Year. 19.4 Disability Insurance The City will offer short-term (STD) and long-term disability insurance to employees covered by this MCP. The City will meet with the Benefit Committee prior to selection of short-term and long-term disability insurance. The STD disability insurance elimination period of 0 - 7 calendar days for accident/in-patient hospitalization; and the STD 14 disability insurance elimination period of 7 -14 calendar days for illness and outpatient procedures shall be the basis for the available coverage. Employees should refer to Human Resources regarding specific details on short term and long term disability coverage. 19.5 Flexible Benefits Program While this MCP is in effect and as long as lawfully permitted, the City will continue to offer a Flexible Benefits Program in accordance with applicable IRS statutes in order to provide employees the greatest possible tax benefit. Included in the Flexible Benefits Program are reimbursement accounts for eligible healthcare expenses and eligible child/dependent care expenses. 19.6 Retiree Medical, Dental and Vision Premium Reimbursement The City will provide medical, dental and vision benefits, for eligible employees and their spouse, upon retirement from the City, as follows: A. Eligible retired employees are those employees that were hired or rehired on or before June 30, 2005 and have, upon retirement, completed a minimum of 12 years of cumulative service to the City in a regular, benefited position status; who retire from the City of Temecula on or after July 1, 2003, in accordance with CaIPERS standards. Part-time, regular, benefited employees shall also be eligible provided that total service in the City, as defined by PERS, meets the required minimum for this benefit and if they meet the other criteria set forth in this section. If a retired City employee reinstates to a regular benefited position with any California PERS Agency, including the City of Temecula, this benefit will be discontinued and will not be reinstated. B. Retirement from the City shall be defined as a PERS service or industrial disability retirement, and the employee must be eligible for such retirement at the time of or within 120 days of separation from City service. The date of eligibility shall be the employee's official CaIPERS retirement date. C. Employees who have retired prior to the effective date of this MCP will be eligible for this benefit in accordance with the terms the MCP at time of retirement. D. Eligible City employees (as defined above), who retire will be eligible for a reimbursement, for monthly premiums (not including co- payments, prescriptions, and other non -premium expenses) purchased and paid for by them, of up to the current monthly cafeteria plan allotment, for continued medical, dental and vision coverage as provided for in sections 19.1, 19.2 and 19.3 of this MCP. This payment will begin within 30 days of the employee's PERS retirement, and upon written notice from the employee and verification of current payment amounts and will continue while this MCP is in effect. E. The amount of actual payment will be based on proof of continued medical, dental and vision insurance and verification of the payment amount. The PERS medical 15 premium on a PERS retiree's check is the premium amount AFTER the City's mandatory employer contribution has been deducted. Therefore, the City will be calculating the reimbursable amount based on the AFTER the mandatory employer contribution rate established by PERS annually. In addition, the maximum amount of payment will include any mandatory medical payments made by the City. If employee moves from PERS service area, and coverage under the City's medical, dental, and vision plans is not available, employee may request that alternate medical, dental, and vision plans be approved by the City, if allowed by law. Coverage is limited to employee, and if applicable, to spouse. The medical, dental, and vision insurance benefits will continue for eligible employees, even after the employee qualifies for Medicare coverage. Medicare supplemental coverage and related premiums will be set in accordance with CaIPERS benefit standards. The existing Dental and Vision benefit plans only allow continuation of coverage for retirees for 18 months after retirement. Following this time period, it is the retiree's responsibility to enroll in dental and vision coverage of their choice. In order to receive reimbursement (not to exceed the monthly allotment), the retiree needs to submit proof of coverage annually to the City's Human Resources Department. By January 31st of each year, for all coverage which are outside the PERS medical plan service area, eligible retired employees, or their authorized legal representative, must submit, to the City's Human Resources Department, proof of coverage and the premium amount for the upcoming year. If this request is not received by January 31St, payments will not be made until the request is received for that year. Retroactive payments will not be made if the employee fails to submit this information on a timely basis. It is the responsibility of the retired employee to notify the City's Human Resources Department of any changes in premium amounts or change in status. This benefit will discontinue upon the death of the retired City employee. Section 20: Life Insurance The first day of the month following the date of hire, and upon proper application and acceptance by the insurance carrier, an employee will be covered under a group life insurance plan for the amount of $50,000, with the premium being deducted from the employee's City cafeteria plan allotment amount. For employees covered by this MCP, an additional $100,000 of group life insurance coverage will also be provided with the additional cost for said coverage being paid for by the City of Temecula. Dependent Life Insurance and Voluntary Life Insurance is available to employees requesting additional coverage. This coverage is available outside of the City's Section 125 Cafeteria Plan and is purchased directly by the employee with no cost to the City. Section 21: Retirement The City has established a multi -tiered retirement benefit. City Council Members or management employees who are not eligible to participate in PERS will be able to participate in an alternate City approved retirement plan, as allowable by law. The City's contribution to an alternate retirement plan would be limited to the same cost as provided by the City to PERS. 16 Tier 3 Pursuant to the Public Employment Pension Reform Act of 2012, (also known as "PEPRA", Assembly Bill 340), those who first become employed by the City on or after January 1, 2013, and who are "new members" as that term is defined in PEPRA, shall be subject to a third tier Public Employees Retirement System (PERS) formula of 2% @ age 62, and a benefit based on the highest 36 months of employment. New members shall pay their entire PERS member contribution by payroll deduction at a rate set by PERS at 50% of normal cost as that term is defined in PEPRA. New members shall also be subject to all other applicable provisions of PEPRA. This retirement formula shall be known as Tier 3. Tier 2 The City's second tier PERS retirement formula of 2% @ age 60 applies to employees hired on or after September 24, 2011, and up to and concluding December 31, 2012, as allowable by law. Tier two also applies to those hired at any time after September 24, 2011, who had prior membership in PERS or in another retirement system that has reciprocity with PERS, as determined by CaIPERS. Highlights include the following: • A three-year final compensation • Annual 2% COLA • Post -Retirement Survivor Allowance • Fourth Level of 1959 Survivor's Benefit • Military Service Credit as Public Service Tier 1 The City's first tier PERS retirement formula of 2.7% @ age 55 applies to employees hired prior to September 24, 2011 as allowable by law. Highlights include the following: • One-year final compensation • Annual 2% COLA • Post -Retirement Survivor Allowance • Fourth Level of 1959 Survivor's Benefit • Military Service Credit as Public Service. For retirement tiers 1 and 2 employees shall pay percentages of their PERS member contribution as follows: one percent beginning the first full pay period following October 16, 2013 (the date of ratification of the represented employee's MOU); one additional percent, for a total of 2%, effective July 1, 2014; one additional percent, for a total of 3%, effective July 1, 2015. The City agrees to continue to pay the balance of the Member Contribution (EPMC), required by the Public Employee's Retirement System to maintain the current level of benefits for employees covered by this Memorandum during the term of this agreement. Employees covered by this MCP will be eligible for the City reporting the value of the Employer Paid Member Contribution as Special Compensation to PERS. The City will pay the cost of this Special Compensation benefit, the "PERS on PERS" cost. Regular City employees are not covered under Social Security (Medicare only). 17 Survivor Benefits: The City of Temecula's PERS 1959 Survivor Benefit coverage (Government Code section 21574) is a higher level of cash benefit paid to survivors of an employee who dies prior to retirement. The City provides Level 4 of PERS' Survivor Benefit. Section 22: Deferred Compensation The City will provide for a Deferred Compensation Plan which may be utilized by any employee on an optional basis. The City reserves the right to accept or reject any particular plan and to impose specific conditions upon the use of any plan. Such plan shall be implemented without cost to the City. New Members as defined in PEPRA shall not be eligible for this deferred compensation benefit. Section 23: Alcohol and Drug Policy It is the policy of the City to have a work environment free from the effects of drugs and alcohol. To accomplish this objective, employees covered by this MCP agree to abide by the City of Temecula Alcohol and Drug Policy while this MCP is in effect. Section 24: Severance Pay If an at -will employee (Executive Team Only) is requested to resign or is terminated they will receive severance pay equivalent to six months of service and continuation of benefits as specified in the at -will agreement. This benefit will only apply if all members of the Executive Team sign an at -will agreement. If all members of the Executive Team do not sign an at -will agreement, only those employees who are designated as at -will by the Municipal Code will be eligible for a total of three months of severance pay. The City Manager and any subsequent City Council appointed positions are exempt from the provisions of this section. Section 25: Automobile Allowance Executive Management employees and City Council Members will receive a monthly automobile allowance in lieu of mileage reimbursement. This allowance will only be provided when an employee is actively at work and not out on extended FMLA/CFRA Leave. The monthly dollar amount will be set at $400/month as outlined in the annual operating budget. City Council Member auto allowance will be set by resolution of the City Council. Section 26: Uniform Allowance and Boot Reimbursement Employees covered by this MCP that are responsible for field operations and that are routinely working in the field are eligible for an annual clothing allowance of $125. This allowance is intended to cover the cost of replacing clothes subject to abnormal wear and tear due to field hazards. In the event an employee covered by this MCP is required to wear safety boots or shoes the employee will be eligible for an annual boot allowance of $175. 18 Section 27: Reasonable Accommodation of Employees with Disabilities Because the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA) requires reasonable accommodations for individuals protected under the Act(s), and because these reasonable accommodations must be determined on an individual case-by-case basis, the provisions of this MCP may be disregarded in order for the City to avoid discrimination relative to hiring, promotions, granting permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leave, fringe benefits, training opportunities, hours of work, or other terms and privileges of employment. The City has the legal obligation to meet with the individual employee to be reasonably accommodated before any adjustment is made in working conditions. Any reasonable accommodation provided to an individual protected by the Act(s) shall not establish a past practice, nor shall it be cited or used as evidence of a past practice. Section 28: Discipline It is the City's belief that rules of conduct are most effective when they are written and communicated to employees and supervisors, consistently enforced, and the difference between major and minor forms of misconduct recognized. The City's goal is to administer discipline on an equitable and corrective basis. Effective discipline reinforces training by identifying rules and their reasons, correcting misconduct or improving job performance, serving as a deterrent through enforcement, and penalizing in relation to the severity of the offense and the employee's past record. All Disciplinary actions shall be pursuant to the City's Discipline Policy. Section 29: Classifications Covered under this Plan All authorized positions not represented by the Teamsters 911 are eligible for the benefits outlined in this MCP. 29.1 City Council Retirement, Health and Welfare Benefits City Council Members are eligible for the retirement, health and welfare benefits described in Section 19, Cafeteria Plan, Section 20, Life Insurance, and Section 21, Retirement, of this MCP, the extent authorized by the provisions of Government Code Sections 53200 to 53299 and 36516 and other applicable law. Except for these sections of the MCP, City Council Members are not subject to or authorized to obtain the benefits of the other sections of the MCP. 19 CITY OF TEMECULA Policy Name: Employee Computer Purchase Program Date: March 2014 Department: City Manager PURPOSE The employee computer purchase program has been developed as an employee benefit that provides employees with an opportunity to purchase a computer system for home/personal use. Through this program, the city will also realize a benefit, in that the employee will have the ability to utilize the same hardware/software at home as he/she uses in the workplace. Effectively, this could result in an increased familiarity with hardware/software, increased opportunity for telecommuting, and an overall increase in productivity. This Policy establishes a procedure for employees to participate in the Employee Computer Purchase Program. This program allows employees to borrow, at no interest, up to $2,000 to purchase one personal computer, laptop, notebook, iPad, or similar device, accessories and software with a loan repayment up to 24 -months. PROCEDURE A. Eligibility: • All permanent and full-time/part-time employees, City Council Members are not eligible to participate in this program. • Employees must be passed the one year probationary period. B. Loan Process: • Eligible employee must contact the Information Technology Department and provide them with the following information: • Employee Number • Desired Length of the Loan (12 or 24 months) • Provide Information Technology with a copy of the quote or the sales receipt of the purchase (dated within the last 30 days) • Information Technology will prepare the Loan Agreement and Promissory Note then contact the employee for signature. • Information Technology will review, add proper check request documentation and route the completed forms for appropriate signatures in order to authorize the computer purchase. Computer Purchase Participation Agreement • Upon receiving necessary signatures, forms will be submitted to the Finance Department for payment process. If the employee provides IT with a copy of the receipt, the check will be made payable to the employee, if a quote is provided, the check will be made payable to the vendor. Note: If all completed paperwork is submitted to the Finance Department by noon on Monday of a full -working week, a check will be made available to employee by Friday of the same week. • Original paperwork will be kept in the employee's personnel file in Human Resources. C. Maximum Loan Amount: The City will loan permanent, full-time/part-time employees who have passed their probationary period, up to $2,000 for the purchase of computer, laptop, notebook, iPad, or similar device, accessories and software. Once the employee completely fulfills the loan obligation, the employee may elect to open another loan. Loans can be received by one of the following methods: Reimbursement of Costs to Employee. Employees may directly purchase items and submit requests for reimbursement. Under this approach, all expenditures must be made within a 30 - day period of time, and submitted in one consolidated request for payment. While not a requirement of this program, employees are encouraged to review their proposed purchase with Information Technology to ensure that they will be eligible for reimbursement. Information Technology must, however, review all invoices to check for compatibility and must approve the loan request before reimbursement can be made to the employee. No funds will be advanced to employees for the purchase of loan items. However, payments can be made directly to vendors. Direct Payment to Vendor. Employees may locate the equipment and software they wish to purchase and obtain a detailed quote from the vendor, including sale tax and shipping costs associated with the purchase. Upon review and approval of the quote(s), by the Director of Information Technology and City Manager (or designee), a check can be processed through normal channels made payable directly to the vendor. The check can be given to the employee for the purchase of the desired equipment. The employee must also provide a copy of the receipt to the Finance Department and Human Resources. NOTE: If the employee chooses to provide a quote from a vendor, employee must first contact the vendor and confirm that a third party check from the City will be accepted. D. Loan Repayment Loan repayment shall commence within 2-4 weeks of receiving disbursement. Repayment will be made through equal biweekly payroll deductions over a maximum period of 12 or 24 months. Repayment in full will be accepted at any time without penalty to the employee. E. Leave of Absence Employee and Employer may exercise the option to suspend the computer loan payments on a case by case basis due to a qualified Leave of Absence. F. Termination of Employment In the event of termination of employment for any reason, the entire unpaid balance shall immediately be due and payable, without notice. Any remaining unpaid balance shall first be deducted from the final paycheck. In the event the final paycheck is not sufficient to payoff the principal sum, then any resultant balance must be paid, in full, with other resources of the borrower. Computer Purchase Participation Agreement City of Temecula EMPLOYEE COMPUTER PURCHASE PROGRAM LOAN REQUEST 1. Employee Name Employee No. Job/Classification Title Department 2. I hereby request a loan under the Employee Computer Purchase Program in the amount noted in item 2.b, below. a. The total price of eligible computing equipment to be purchased, including applicable sales tax and any other associated costs (attached a detail list of equipment including price by item where available). b. Amount to be loaned by the City of Temecula and repaid through payroll deduction and secured by a promissory note (amount listed on line 2.a or $2,000, whichever is less). Employee's Signature Date THIS SECTION IS TO BE COMPLETED BY THE INFORMATION TECHNOLOGY DEPT 3. Approved: Proposed equipment purchase meets program equipment standards. Disapproved Comments: Director of Information Technology (or designee) Date City Manager (or designee) Date Computer Purchase Participation Agreement City of Temecula Employee Computer Purchase Participation Agreement Name: Department: The employee computer purchase program has been developed as an employee benefit that provides employees with an opportunity to purchase a computer system for home/personal use. Through this program, the city will also realize a benefit, in that the employee will have the ability to utilize the same hardware/software at home as he/she uses in the workplace. Effectively, this could result in an increased familiarity with hardware/software, increased opportunity for telecommuting, and an overall increase in productivity. The above named individual ("Participant") is a permanent employee of the City of Temecula ("City"), and hereby elects to purchase a personal computer and certain related equipment and software ("Equipment") and to participate in the financing arrangement offered under this employee benefit program, and further, agrees to and accepts the following terms and conditions: 1. The price of the Equipment to be purchased is $ and is identified on the attached Specification Sheet. 2. The Participant agrees to pay the total cost of the purchase in equal installments, in the amount of $ , for a period not to exceed 24 months to purchase specified Equipment. 3. Participant authorizes the City to deduct $ as the first payment with equal payments thereafter of $ from each pay check of the Participant beginning until the amount identified in Paragraph 2 above has been paid. Participant may elect to pay the remaining unpaid balance at any time prior to the last payroll deduction. 4. Participant agrees not to sell, trade, or otherwise dispose of the Equipment until the purchase price has been paid in full. Participant also agrees that the usage of the equipment will be limited to the Participant's own use, and that of the Participant's immediate family. Violation of these provisions, for any reason, shall constitute an "event of default," and the City, at its discretion, shall declare the outstanding principal to be immediately due and payable. 5. Upon termination of employment with the City (for any reason) by the Participant, the remaining amount of the purchase price is to be paid to the City under this Agreement and shall immediately become due and payable. The Employee hereby authorizes the City to withhold from his/her final pay, including Comprehensive Annual Leave (CAL) time payoff, any amount remaining under this Agreement. If the remaining amount due to the City exceeds the total final pay amount, this additional amount due shall be paid to the City in a lump sum no later than the employee's last working day. It is understood that failure to pay this amount will result in a late penalty equaling 10% of the outstanding amount being applied and instigation of collection procedures including, without limitation, legal garnishment of future earning. 6. All warranties and service or maintenance contracts shall be between the vendor and the Participant. Participant shall deal directly with the vendor, and in no event shall Participant look to the City for any claims relating to warranty, service or maintenance. 7. This Agreement may be changed by a written agreement between the City and the Participant. Any subsequent agreement supersedes any and all written or oral agreements, proposals and communications concerning the Program. 8. In the event either party hereto brings any suit against the other party to enforce any rights under this Agreement, then the prevailing party in any such suit shall recover from the other party its reasonable attorney's fees and costs incurred in connection therewith. Employee Signature Date Computer Purchase Participation Agreement Item No. 8 Approvals City Attorney Finance Director City Manager VIM/ AL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Assistant City Manager DATE: March 25, 2014 SUBJECT: City Classification Plan Update PREPARED BY: Isaac Garibay, Senior Human Resources Analyst RECOMMENDATION: That the City Council: 1. Approve an updated comprehensive Classification Plan in substantially the form attached hereto; 2. Authorize the City Manager, or his/her designee, to modify the Classification Plan when necessary. BACKGROUND: A Classification Plan is fundamental to the administration of the City's personnel system. The Classification Plan includes Definitions, the Classification Structure, and Classification Specifications. Together, these documents outline the organization's structure, and each employee's level of responsibility, duties, minimum requirements, and working conditions. The City of Temecula adopted a formal Classification Plan on June 27, 1995. Since then, the landscape of Human Resources management has evolved significantly as it relates to the role a Classification Plan plays in various practical and legal matters, which has caused a need for the Classification Plan to be updated. Further, the Human Resources field continues to evolve, in effect, making a Classification Plan a living document; therefore, consistent with Municipal Code Section 2.60.030, it is recommended that the City Manager, or his/her designee, be authorized to continue to modify the Classification Plan to accommodate an ever-changing environment. Additionally, on July 1, 2008, the Temecula City Council and the General Employees of the City of Temecula entered into a Memorandum of Understanding (MOU) which established "a committee comprised of management and union representative to study job classes." Since that time, management staff and union leadership have worked together on completing the Classification Plan being presented to the City Council today. As noted the Classification Plan includes, Definitions, the Structure, and the Specifications. The Definitions and Structure are attached to this report; a copy of each Specification for each job title shown in the Classification Structure is available for review in the office of the Assistant City Manager. The Classification Plan will be followed by a Compensation Study to assign appropriate salary ranges to the newly defined Classification Specifications. The adoption of the new Classification Plan is not a wholesale change to each employee's current job title and specification; the existing Classification Specifications will remain in place until such time as all existing positions have been transitioned to the new Classification Plan and Structure. Once adopted, promotions and new hires will utilize positions defined by the new Classification Plan. For all existing employees, a study of job duties and responsibilities will be completed and a plan put in place to transition existing employees into the appropriate new Classifications. Any recommendations produced by subsequent studies that will result in compensation increases will only be implemented as funding is available. FISCAL IMPACT: None ATTACHMENTS: 1. Classification Plan Structure 2. Classification Plan Definitions Classification Structure March 25, 2014 Classification Level Description City Manager Purchasing Payroll Accounting Business License Planning Building & Safety/ Code Engineering Public Works Director - Executive Management A position that requires significant, related managerial experience in order to responsibly manage an entire department under general direction, including planning and managing all departmental operations and resources such as staffing and budget. This level may require a minimum level of education and/or certification. AssistantDirector CM Director of Finance Director of Community Development of Public Works/ City Engineer Principal Manager - Management A position that requires significant, related managerial experience in order to responsibly manage multiple projects, budgets and/or staff members under administrative direction. This level may require a minimum level of education and/or certification. Deputy CM Assistant to the CM Assistant Director of Finance Planning Manager Building Official Engineering Manager Maintenance Manager Senior Manager - Management A position that requires significant, directly related experience in order to responsibly manage multiple projects, budgets and/or staff members under limited supervision. This level may require a minimum level of education and/or certification. Fiscal Services Manager (Accounting, Revenue, Debt, Budget, Purchasing) Principal Planner Principal Civil Engineer Maintenance Superintendent Manager - Management A position that requires directly related experience in order to manage multiple projects, budgets and/or staff members under general supervision. Responsibilities may include writing performance evaluations, participating in the hiring process, and assisting with disciplinary procedures. This level may require a minimum level of education and/or certification. Economic Development Manager Purchasing Agent Payroll Manager Senior Planner Senior Civil Engineer Maintenance Supervisor Operations Supervisor/Senior Advanced Journey Non -management A position that requires directly related experience in order to lead the day-to-day operations of a work unit, project(s), and/or function(s) which may include supervising one or more staff members, and may have discretion and/or authority in assisting management with technical, budget, and problem -solving assignments. This position will provide recommendations to management related to work functions, operational changes and employee performance management, and will work under general supervision. This level may require a minimum level of education and/or certification. Purchasing Supervisor Payroll Supervisor Payroll Administrator Sr. Accountant Accounting Support Supervisor Business License Supervisor Associate Planner II Comm. Dev. Processing Supervisor Field Supervisor (Building/Code/Fire) Plan Checker Associate Civil Engineer Associate Engineer II Supervising PW Inspector Construction Manager Field Supervisor (Streets/Parks/Facilities/Traffic Signals/Landscape) Advanced Journey - Non -management A position that requires related experience in order to handle all functions of the position, and may be assigned lead responsibilities. The employee will have a higher level of technical and problem solving skills in order to handle challenging assignments in the field or profession, and will work under general supervision. This level may require a minimum level of education and/or certification. Sr. Buyer Sr. Payroll Coordinator Accountant I/11 Sr. Accounting Technician Sr. Business License Technician Associate Planner I Sr. Comm. Dev. Services Technician Sr. Building Inspector Sr. Code Enforcement Officer Sr. Fire Inspector Associate Engineer I Senior PW Inspector Lead Maintenance Worker (Facilities/Streets/Parks) Sr. Landscape Inspector Sr. Signal Technician Journey - Non- management A position that requires some related experience in order to handle general functions of the position proficiently under general supervision. The employee will have a specific, basic skill set, and proficiency in their field or profession, and may require some on-the-job training. This level may require a minimum level of education and/or certification. Buyer 1/11 Payroll Coordinator Accounting Technician 1/11 Business License Technician Assistant Planner Comm. Dev. Services Technician II Building Inspector II Code Enforcement Officer II Fire Inspector II Assistant Engineer 1/II PW Inspector II Maintenance Worker II (Facilities/Streets/Parks) Landscape Inspector 11 Signal Technician 1/11 Custodian 11 Entry Level - Non- management A position that does not require extensive experience or training in the field or profession. The employee would become proficient in their position through on-the-job training and direct supervision. Purchasing Assistant Payroll Technician Accounting Assistant Cashier*** Business License Assistant Planning Technician Comm. Dev. Services Technician I Building Inspector I Code Enforcement Officer I Fire Inspector I Engineering Technician I/ll PW Inspector I Maintenance Worker I (Facilities/Signal/Streets/Parks) Landscape Inspector I Custodian Page 1 of3 Classification Structure March 25, 2014 Classification Level Description City Clerk/Records Community Services Aquatics Park Ranger Technical Theater Information Technology Support Services Human Resources/Risk Management Director - Executive Management A position that requires significant, related managerial experience in order to responsibly manage an entire department under general direction, including planning and managing all departmental operations and resources such as staffing and budget. This level may require a minimum level of education and/or certification. City Clerk Director of Community Services Director of Information Technology/Support Services Director of Human Resources/Risk Management Principal Manager - Management A position that requires significant, related managerial experience in order to responsibly manage multiple projects, budgets and/or staff members under administrative direction. This level may require a minimum level of education and/or certification. Deputy City Clerk Assistant Director of Community Services Assistant Director of Information Technology/Support Services Assistant Dir. Of Human Resources/Risk Management Senior Manager - Management A position that requires significant, directly related experience in order to responsibly manage multiple projects, budgets and/or staff members under limited supervision. This level may require a minimum level of education and/or certification. Records Manager Community Services Superintendent IT Manager (Geographic Information Systems (GIS), Enterprise Applications, Infrastructure, Media Services, and/or Support Services) Human Resources Manager Risk Manager Manager - Management A position that requires directly related experience in order to manage multiple projects, budgets and/or staff members under general supervision. Responsibilities may include writing performance evaluations, participating in the hiring process, and assisting with disciplinary procedures. This level may require a minimum level of education and/or certification. Community Services Manager* IT Administrator (Geographic Information Systems (GIS), Enterprise Applications, Infrastructure, Media Services, and/or Support Services) Operations Supervisor/Senior Advanced Journey - Non -management A position that requires directly related experience in order to lead the day-to-day operations of a work unit, project(s), and/or function(s) which may include supervising one or more staff members, and may have discretion and/or authority in assisting management with technical, budget, and problem -solving assignments. This position will provide recommendations to management related to work functions, operational changes and employee performance management, and will work under general supervision. This level may require a minimum level of education and/or certification. Records Supervisor Community Services Supervisor 1/11* Aquatics Supervisor 1/11 Supervising Park Ranger IT Supervisor** Support Services Supervisor HR Supervisor Advanced Journey - Non -management A position that requires related experience in order to handle all functions of the position, and may be assigned lead responsibilities. The employee will have a higher level of technical and problem solving skills in order to handle challenging assignments in the field or profession, and will work under general supervision. This level may require a minimum level of education and/or certification. Sr. Records Coordinator Community Services Coordinator 1/11* Aquatics Coordinator Park Ranger III Theater Technical Coordinator 1/11 Sr. IT Specialist** Sr. Support Services Technician Sr. HR Technician Journey - Non- management A position that requires some related experience in order to handle general functions of the position proficiently under general supervision. The employee will have a specific, basic skill set, and proficiency in their field or profession, and may require some on-the-job training. This level may require a minimum level of education and/or certification. Records Coordinator Community Services Specialist 1/11* Lead Lifeguard Park Ranger 11 Theater Technical Specialist 1/11 IT Specialist I/II** Support Services Technician HR Technician 1/11 Entry Level - Non- management A position that does not require extensive experience or training in the field or profession. The employee would become proficient in their position through on-the-job training and direct supervision. Records Technician Community Services Assistant* Sr. Lifeguard Lifeguard Park Ranger 1 Theater Technical Assistant IT Technician 1111** Support Services Assistant HR Assistant *May be assigned to one, or any combination of the following: Special Events, Parks, Human Services, Museum, Theater, Sports, Facilities, Day Camp, Sister Cities, Skate Park, Tiny Tots and/or Ground Transportation. **May be assigned to one, or any combination of the following: Geographic Information Systems (GIS), Enterprise Applications, Infrastructure, and/or Media Services. Page 2 of3 Classification Structure March 25, 2014 Classification Level Description Analyst Series Administrative Series Director - Executive Management A position that requires significant, related managerial experience in order to responsibly manage an entire department under general direction, including planning and managing all departmental operations and resources such as staffing and budget. This level may require a minimum level of education and/or certification. Principal Manager - Management A position that requires significant, related managerial experience in order to responsibly manage multiple projects, budgets and/or staff members under administrative direction. This level may require a minimum level of education and/or certification. Principal Management Analyst*** Senior Manager - Management A position that requires significant, directly related experience in order to responsibly manage multiple projects, budgets and/or staff members under limited supervision. This level may require a minimum level of education and/or certification. Sr. Management Analyst*** Manager - Management A position that requires directly related experience in order to manage multiple projects, budgets and/or staff members under general supervision. Responsibilities may include writing performance evaluations, participating in the hiring process, and assisting with disciplinary procedures. This level may require a minimum level of education and/or certification. Management Analyst*** Operations Supervisor/Senior Advanced Journey Non -management A position that requires directly related experience in order to lead the day-to-day operations of a work unit, project(s), and/or function(s) which may include supervising one or more staff members, and may have discretion and/or authority in assisting management with technical, budget, and problem -solving assignments. This position will provide recommendations to management related to work functions, operational changes and employee performance management, and will work under general supervision. This level may require a minimum level of education and/or certification. Management Assistant*** Executive Assistant*** Senior Administrative Assistant*** Advanced Journey - Non -management A position that requires related experience in order to handle all functions of the position, and may be assigned lead responsibilities. The employee will have a higher level of technical and problem solving skills in order to handle challenging assignments in the field or profession, and will work under general supervision. This level may require a minimum level of education and/or certification. Management Aide III*** *** Administrative Assistant Journey - Non- management A position that requires some related experience in order to handle general functions of the position proficiently under general supervision. The employee will have a specific, basic skill set, and proficiency in their field or profession, and may require some on-the-job training. This level may require a minimum level of education and/or certification. Management Aide ll*** Sr. Office Specialist*** Entry Level - Non- management A position that does not require extensive experience or training in the field or profession. The employee would become proficient in their position through on-the-job training and direct supervision. Management Aide I*** Intern*** Office Specialist Illi*** ***May be assigned to any department. Page 3 of3 CLASSIFICATION PLAN DEFINITIONS • Appointing Authority. The City Manager or his/her designee. • Appointment. The designation of a person by due authority to become a City employee, signing of the proper forms to record that designation, and acceptance by the person of the position and conditions as established by the City. • Classification Level. A section in the Classification Structure establishing hierarchy within a Classification Series. • Classification Series. A group of two or more classifications sufficiently similar in content to be part of a career development ladder. Classifications in a classification series perform similar duties, but differ in terms of the complexity and scope of responsibilities assumed. • Classification. A classification (or class) is a group of positions sufficiently similar in duties and responsibilities to permit grouping under a common title and the equitable application of common standards of selection, transfer, promotion, and compensation. In some cases, a position is sufficiently unique to be a single -position classification. • Demotion. The movement of an employee from one class to another class having a lower maximum rate of pay. • Equivalency. The substitution of one year of college for two years of experience in order for a candidate to meet the minimum qualifications of a Classification. • Flexibly Staffed Classification. A classification which has multiple, distinct levels within a Classification Level, usually distinguished by a level "I," "II," or "III" within a Classification Level. Progression through the distinct levels within a Classification Level may not require a recruitment or competitive process, but rather may depend on the business need of the City, and the qualifications of the person progressing from one level to another within a Classification Level. • Full-time Position. A position requiring the incumbent to work forty (40) hours or more per week on an ongoing basis. • Non -Probationary Employee. A regular, full-time employee who has completed the probationary period in his/her position. • Non -regular Employee. An at -will employee, filling a non -regular position (i.e. absent from the Schedule of Authorized Positions); scheduled at the convenience of the City; not eligible for City - sponsored benefits (e.g., health, dental, and vision insurance) unless they are made eligible by law, or specific written approval of the City Manager or the City Council; serves at the pleasure of the City Manager and may be terminated at any time with or without notice; and specifically excluded from any discipline policy. • Part-time Position. A position not requiring the incumbent to work forty (40) hours per week on an ongoing basis. • Position. A position is a job with a collection of regularly assigned duties and responsibilities requiring the employment of one person. A position may be vacant or occupied by an employee. • Probationary Period. A working test period during which an employee is required to demonstrate his/her ability to perform the duties of his/her position. The employment relationship can be terminated by the City or the employee at any time during the probation period, with or without cause. Page 1 of 2 CLASSIFICATION PLAN DEFINITIONS • Probationary Release. The demotion or severance of a probationary employee's employment based on a failure of the employee to meet departmental performance standards. • Promotion. The appointment of an employee to a vacant, funded, higher level classification. Reclassification. A process of adjusting an employee's classification based upon work performed outside of their current classification. • Regular Employee. An employee who is hired to perform duties, which under normal business conditions, are needed on an on-going basis as determined by the City's Schedule of Authorized Positions. A regular employee may be scheduled to work full-time or part-time. The City reserves the right to determine the need for the services of regular employees. • Transfer. Change of an employee from one class to another class having the same maximum salary and similar duties and basic qualifications. • Upgrade. An adjustment to the next level of an employee's Flexibly Staffed Classification when the employee is performing higher-level duties than his/her current Classification requires. The employee does not have to compete for an Upgrade, no adjustment will be made to the employee's appointment date, and there must be funding and an operational need for the higher-level Classification. • Working Title. A title used by an individual which matches that of the industry standard, but whose classification title is different for the purposes of equity with other similarly classified employees in the Classification Plan. A working title must be approved by the City Manager or his/her designee. Page 2 of 2 Item No. 9 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Michael Heslin, Deputy Director of Information Technology DATE: March 25, 2014 SUBJECT: Purchase of 50 HP Desktop Computers PREPARED BY: Michaela Ballreich, Deputy Director of Support Services RECOMMENDATION: That the City Council authorize the purchase of 50 HP EliteDesk 800 G1 Ultra Slim desktop computers from Cyber Computers, Inc., in the amount of $40,770, including sales tax and shipping. BACKGROUND: The current operating system, predominately utilized at the Civic Center and off-site facilities, is Windows XP which will be reaching the end of its lifecycle by the end of April 2014. Microsoft will no longer support Windows XP; therefore, automatic fixes, security updates, and/or online technical assistance will end. To ensure continued Microsoft support, the City will be migrating to Windows 7. A majority of the existing HP desktop computers exceed the five-year Lifecycle Replacement Plan; some are actually in their seventh year of service. These older PCs will not provide a stable platform to run the Windows 7 operating system. Users will experience slow processing and even occasional lock -ups. Therefore, replacement is necessary to properly run the new operating system. The City has standardized utilizing HP equipment to effectively and cost efficiently manage the enterprise computing environment. This replacement would be consistent with the City's emphasis on Green Energy Conservation initiatives. These desktop computers are HP Star Energy compliant, designed to have lower electrical consumptions, and a reduced impact on the environment. On February 26, 2014, the City solicited a Request for Quotes (RFQ) via the City's online bidding system, PlanetBids. A total of 134 vendors were notified of the RFQ. On March 5, 2014, a total of 21 vendors submitted a responsive quote, none of which were local vendors. The low bidder was Cyber Computers, Inc. from Irvine, California, in the amount of $40,770. The solicitation did include the Local Vendor Preference Ordinance language as adopted in July 2012. There were no local bidders within 5% of the low bidder. FISCAL IMPACT: Adequate funds have been appropriated in the Fiscal Year 2013- 14 Information Technology Budget. ATTACHMENT: Price Quotation City of Temecula Requested Quotation for fifty (50) HP EliteDesk 800 G1 E1Z86UT#ABA-SmartBuy (RFQ 14-03), bidding on March 5, 2014 Bid Results Bidder Details Vendor Name Address Respondee Respondee Title Phone Email Vendor Type Bid Detail Bid Format Submitted Delivery Method Bid Responsive Bid Status Confirmation # Ranking CYBER COMPUTERS INC 18662 MACARTHUR BLVD STE # 200 IRVINE, CA 92612 United States Shannon Kennedy Sales 949-261-6700 Ext. sales@cybercomputersinc.net Electronic February 27, 2014 11:03:11 AM (Pacific) FEDEX Submitted 34510 0 Respondee Comment Buyer Comment Attachments File Title CYBER COMPUTERS PRICE QUOTE FEB 27 Line Items Discount Terms no discount Type Item Code UOM Section 1 1 HP Elite Desk 800 G1 Ultra Slim Desktops EA 2 Sales Tax 8% (Mandatory) 3 Delivery Fees EA EA 4 CA Electronic Waste Recycling Fee EA Qty 5 Any other fees associated with this purchase EA 50 1 1 1 1 File Name CITY OF TEMECULA CYBER Pricing Sheet HP ELITE 800 FEB 27.xls Unit Price $755.0000 $3,020.0000 0 0 Line Total $37,750.0000 $3,020.0000 0 0 Page 1 Printed 03/13/2014 File Type Response File Discount Comment $37,750.0000 $3,020.0000 0 0 0 0 0 Subtotal Total PlanetBids, Inc. $40,770.0000 $40,770.0000 $40,770.0000 $40,770.0000 Item No. 10 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Armando G. Villa, AICP, Director of Community Development DATE: March 25, 2014 SUBJECT: Establishing Fees for Taxicab Permits PREPARED BY: Dale West, Associate Planner RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING FEES AND CHARGES ASSOCIATED WITH CHAPTER 12.08 OF THE TEMECULA MUNICIPAL CODE RELATING TO TAXICABS BACKGROUND: In May 1994, the City of Temecula City Council adopted Urgency Ordinance No. 94-15, establishing taxicab regulations for the City of Temecula. At the same time the City Council adopted Resolution No.94-58, establishing the following fees associated with taxicabs: Operator Permit Additional Amount for Each Taxicab Operator Background Check Driver Permit Driver Background Check $50.00 $10.00 $57.00 $10.00 $57.00 On February 11, 2014, the City of Temecula City Council adopted Ordinance No.14.02, amending the Chapter 12.08 of Temecula Municipal Code regulating the provisions of taxicab services within the City of Temecula. One of the provisions to Chapter 12.08 of the Temecula Municipal Code requires that the application fee for an Operator Permit, a Taxi Permit, and a Driver Permit shall be established by resolution of the City Council. Staff has considered the time necessary to review and issue taxicab permits pursuant to the recently adopted Ordinance and the hourly rate for a Community Service Officer. The proposed fees are as follows: Operator Permit: The Operator Permit is issued to the owner of the taxicab company, authorizing the company to operate the taxicab service within the City. The Operator Permit requires a local background criminal check and the payment for a City of Temecula business license. As such, there is no additional fee for an Operator Permit, other than the current City of Temecula Business License fee. Taxi Permit: The Taxi Permit is issued for each vehicle used in service. The Taxi Permit involves reviewing vehicle maintenance records and inspecting the vehicle for safety equipment and general cleanliness. The proposed Taxi Permit fee is $26.00. Driver Permit: The Driver Permit is issued to the driver, authorizing the driver to operate a permitted taxicab within the City. The Driver Permit requires the completion of a City application, a drug and alcohol screening, and the consent for Livescan criminal background check. The proposed fee does not include the actual amount charged by the State of California to the City of Temecula for Livescan criminal records check (currently $42), nor does it include the actual amount charged for mandatory controlled substance and alcohol testing certification (currently $45). These pass-through fees are paid by the applicant. The proposed Driver Permit fee is $55.00. The proposed fees are summarized as follows: Operator Permit Taxi Permit Driver Permit $0.00 $26.00 $55.00 2' 3 1 The proposed fee does not include the City of Temecula Business License fee (currently $36). 2 The proposed fee does not include the actual amount charged by the State of California to the City of Temecula for criminal records check (currently $42). 3 The proposed fee does not include the actual amount charged for mandatory controlled substance and alcohol testing certification (currently $45). FISCAL IMPACT: Adopted fees will offset costs associated with the administration of taxicab permits. The adopted fees are subject to an annual adjustment based on the Consumer Price Index. ATTACHMENTS: Resolution RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING FEES AND CHARGES ASSOCIATED WITH CHAPTER 12.08 OF THE TEMECULA MUNICIPAL CODE RELATING TO TAXICABS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council has adopted an ordinance adding Chapter 12.08 to the Municipal Code regulating the provisions of taxicab services within the City of Temecula. Section 2. Chapter 12.08 of the Temecula Municipal Code authorizes that the application fee for an Operators Permit, a Taxi Permit and a Drivers Permit shall be established by resolution of the City Council. Section 3. The City of Temecula City Council hereby adopts as its fees the following: Operator Permit Taxi Permit Driver Permit 1. 2. 3. $0.00 1 $26.00 $55.00 2,3 The proposed fee does not include the City of Temecula Business License fee. The proposed fee does not include the actual amount charged by the State of California to the City of Temecula for criminal records check. The proposed fee does not include the actual amount charged for mandatory controlled substance and alcohol testing certification. Section 4. The taxicab permit fees are subject to an annual adjustment based on the Consumer Price Index. Section 5. This resolution shall go into effect concurrently with the effective date of Ordinance No. 14-02, regulating taxicabs within the City of Temecula. 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 25th day of March, 2014. Maryann Edwards, Mayor ATTEST: Gwyn R. Flores, CMC Acting City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Gwyn R. Flores, CMC, Acting City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 14- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25th day of March, 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Gwyn R. Flores, CMC Acting City Clerk Item No. 11 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Armando G. Villa, AICP, Director of Community Development DATE: March 25, 2014 SUBJECT: City of Temecula Monument Sign at Mercedes-Benz of Temecula; Easement and Funding PREPARED BY: Stuart Fisk, Senior Planner RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN EASEMENT FOR A CITY MONUMENT SIGN AND MAINTENANCE ACCESS LOCATED NEAR THE NORTHWEST CORNER OF THE MERCEDES -BENZ OF TEMECULA SITE AT 40950 TEMECULA CENTER DRIVE (PLANNING APPLICATION NOS. PA07-0335 AND PA13-0010) 2. Approve the transfer of $40,500 of Development Impact Fees — Public Art (DIF) from the Old Town Public Art Project to the Temecula Entry Monument Project. BACKGROUND: As part of the approval of the Mercedes-Benz of Temecula Development Plan (PA07-0335) and Development Plan Modification (PA13-0010), the construction of a City monument sign and access for maintenance were approved by the City of Temecula Planning Commission on July 9, 2008. The City monument sign is being constructed by Mercedes-Benz of Temecula on their property, but will be maintained by the City of Temecula. The underlying fee owner of the affected land and grantor of the several rights in the land is Jones Temecula Real Property, LLC, a California limited liability company. Jones Temecula Real Property, LLC, has agreed to provide an easement to the City for the sign and maintenance access as discussed in the attached Easement Deed and shown on Exhibit B of the document. The easement must be accepted by the City and recorded to facilitate future maintenance of the City monument sign. In addition, the City entered into a Fee Reimbursement Agreement, dated November 13, 2012, with Jones/Blumenthal Temecula Real Property LLC, which among other things, obligated the City to participate in the cost of the City Monument sign. The agreement provided that the developer would pay $36,000 and the City would pay the balance of the cost. The design of the sign was reviewed and approved by the City Council Infrastructure Beautification Committee, and per the agreement, the budget for the sign approved by the City Manager. During the development of the Fiscal Year 2014-2018 CIP Budget a conceptual estimate of $150,000 was programmed as the City's financial contribution toward the monument sign. Subsequent to the budget adoption the monument sign cost estimate was approved at $226,240, resulting in the City's portion being $190,240 ($226,240 - $36,000). FISCAL IMPACT: Adequate funds are available in the Old Town Public Art project for the recommended action. Once the transfer takes place, adequate funds will be available in the Temecula City Monument Sign project to fulfill the City's obligation. ATTACHMENTS: 1. Resolution 2. Easement Deed executed by Jones Temecula Real Property LLC Exhibit A — Legal Property Description Exhibit B — Map 3. Old Town Public Art CIP Location Map & Description 4. Temecula City Monument Sign CIP Location Map & Description RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN EASEMENT FOR A CITY MONUMENT SIGN AND MAINTENANCE ACCESS LOCATED NEAR THE NORTHWEST CORNER OF THE MERCEDES -BENZ OF TEMECULA SITE AT 40950 TEMECULA CENTER DRIVE (PLANNING APPLICATION NOS. PA07-0335 AND PA13-0010) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On December 12, 2007, Garth Blumenthal, representing Fletcher Jones Motorcars, filed Planning Application No. PA07-0335, a Development Plan for Mercedes-Benz of Temecula, which included the construction of a City monument sign and maintenance access for the monument sign near the northwest corner of the project site. B. On July 9, 2008, the City of Temecula Planning Commission approved a Development Plan for Mercedes-Benz of Temecula (PA07-0335) that included a City monument sign and maintenance access for the monument sign near the northwest corner of the project site. C. On July 9, 2008, the City of Temecula Planning Commission certified a Supplemental Environmental Impact Report for the project, which includes the City monument sign. D. On January 16, 2013, Garth Blumenthal, representing Fletcher Jones Motorcars, filed Planning Application No. PA13-0010, a Major Modification to the approved Development Plan (PA07-0335) for Mercedes-Benz of Temecula, which included the construction of a City monument sign and maintenance access for the monument sign near the northwest corner of the project site. E. On February 22, 2013, the City of Temecula Director of Community Development approved a Major Modification (PA13-0010) to the Mercedes-Benz of Temecula Development Plan (PA07-0335) which included the City monument signed and maintenance access for the monument sign near the northwest corner of the project site. F. Mercedes-Benz of Temecula is constructing the City monument sign and maintenance access, and the City of Temecula will maintain the City monument sign and access upon their completion. G. The underlying fee owner of the affected land, Jones Temecula Real Property, LLC has agreed to provide an easement to the City for the City monument sign and maintenance access. Section 2. City Monument Sign and Maintenance Access Easement. Based on the findings set forth in this Resolution, the City Council hereby approves the City monument sign and maintenance access easement deed between Jones Temecula Real Property, LLC and the City of Temecula. Section 3. City Manager's Authority. The City Manager (or his designee) is hereby authorized, on behalf of the City, to take all actions necessary and convenient to carry out and implement the City monument sign and maintenance access easement deed, and to administer the City's obligations, responsibilities and duties to be performed under said City monument sign and maintenance access easement deed. Section 4. Certification. 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 25th day of March, 2014. Maryann Edwards, Mayor ATTEST: Gwyn R. Flores, CMC Acting City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Gwyn R. Flores, CMC, Acting City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 14- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25th day of March, 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Gwyn R. Flores, CMC Acting City Clerk RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: CITY OF TEMECULA Susan W. Jones, MMC City Clerk P.O. Box 9033 41000 Main Street Temecula, CA 92589-9033 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel Nos. 916-400-029 Project No. PA13-0010 [X] Portion Documentary Transfer Tax $0.00 This instrument is for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code §27383), Filing Fees (Govt. Code §6103), and Documentary Transfer Tax (Rev & Tax Code §11922). OFFER OF DEDICATION — MONUMENT SIGN AND ACCESS EASEMENT PURPOSES For valuable consideration received, the sufficiency of which is accepted, the undersigned GRANTOR, being the present title owner of record of the herein described parcel of land, does hereby grant to the CITY OF TEMECULA, a municipal corporation, and its successors or assigns, a nonexclusive easement for monument sign, access easement and maintenance easement purposes, the real property situated in the City of Temecula, County of Riverside, State of California, described in Exhibit "A" (written description) and shown on Exhibit "B" (plat map) attached hereto and incorporated herein by this reference as though set forth in full. In addition, Grantor grants to the City of Temecula a nonexclusive right to access the area described in Exhibit "A" from Temecula Center Drive using the most easterly driveway entrance from Temecula Center Drive located closest to Ynez Road and the driveway lane connecting this driveway to the monument sign easement. Grantor may relocate the driveway and the driveway lane at its sole discretion without the City of Temecula's prior written consent. Grantor reserves the right to use the driveway and the driveway lane for any purposes provided that Grantor provides the City of Temecula with access to the area described in Exhibit "A". Grantor agrees that it shall not place, install or construct any structures, objects or landscaping on the easement without the prior written consent of the City Manager of the City of Temecula, provided such consent shall not be unreasonably withheld if the structures, objects or landscaping do not impair the visibility of the City's monument sign from the 1-15 Freeway. The City of Temecula agrees to maintain the monument sign and access easement; provided, however, that in the event the Grantor places, installs or constructs any structures on the easement that the City did not request, the City shall not be required to maintain such structure, object or landscaping on the easement. It is understood and agreed that the City of Temecula and its successors or assigns shall incur no liability with respect to such easement, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein, until such easement has been accepted by appropriate action of the City Council, or of the local governing bodies or its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns, and personal representatives of the respective parties hereto. WITNESS WHEREOF, the GRANTOR has executed this instrument oil 'CeM\^cY ro 13 JONES TEMECULA REAL PROPERTY, LLC, a California limited liability company, as to a 50% undivided interest, and Garth L. Blumenthal, Trustee of THE GARTH L. BLUMENTHAL TRUST, Established May 17, 2013, a California Trust Signature Sig ature Fletcher Jones, Jr., Manager Garth Blumenthal Name and Title (Type) Name and Title (Type) STATE OF CALIFORNIA ) & )ss. COUNTY OF / a On D4UT% 3O 2013 before me, 'il111 12 DSdSvedYh Notary Public, personally appeared H6likiffJQy16, jr.) NyotagCr, who proved to me on the basis of satisfactory evidence to be the person(,] whose nameXji /are subscribed to the within instrument and acknowledged to me that 03/s4e/they executed the same in is herftfreir authorized capacity(]), and that byc/her/their signatureX on the instrument the person(, or the entity upon behalf of which the person(31 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraphs is true and correct. Witness my hand and official seal. KRISTIN ROSE SVENDSEN Commission * 1984881 Notary Public - California Orange County Mi Comm. Exeires Jul 27, 2016 1 STATE OF CALIFORNIA ) )ss. COUNTY OF 'e/ ) Ito Notary Public in and for said County and State On Df f' ( 2013 before me,14-4/1M/) _, S\IeV k ,iNotary Public, personally appeared T11(11(1P�Iv ,M'1 1�, who proved to me on the basis of satisfactory evidence to the person) whose name,K is ar-e subscribed to the within instrument and acknowledged to me that(�ei /she/they executed the same in is her/their authorized capacityti'i s), and that by is herftheir signatures on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraphs is true and correct. Witness my hand and official seal. KRISTIN ROSE SVENDSEN Commission # 1984881 Notary Public - California Orange County M Comm. Ex . ires Jul 27, 2016 --vv\ (Pt Notary Public in and for said County and State MAY 10, 2013 SHEET 1 OF 2 EXHIBIT "A" LEGAL DESCRIPTION IRREVOCABLE OFFER OF DEDICATION CITY OF TEMECULA MONUMENT SIGN EASEMENT BEING A PORTION OF LAND SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING THAT PORTION OF LOT "B" AS SHOWN ON LOT LINE ADJUSTMENT NO. PA07-0249, RECORDED NOVEMBER 15, 2007, AS INSTRUMENT NO. 2007-0695987, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, OFFICIAL RECORDS, SAID LOT "B" BEING A PORTION OF LOT REFERRED TO AS "REMAINDER" AS SHOWN BY TRACT NO. 29639-2, RECORDED NOVEMBER 3, 2003 IN BOOK 345, PAGES 1 THROUGH 19, INCLUSIVE, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WESTERLY MOST CORNER OF SAID LOT "B"; THENCE NORTH 48°11'35" EAST, ALONG THE NORTHWESTERLY UNE OF SAID LOT "B", A DISTANCE OF 81.25 FEET; THENCE SOUTH 43°42'45" EAST, A DISTANCE OF 3.37 FEET TO THE TRUE POINT OF BEGINNING1 THENCE CONTINUING SOUTH 43°42'45" EAST, A DISTANCE OF 18.01 FEET; THENCE SOUTH 73°42'24" EAST, A DISTANCE OF 14.28 FEET; THENCE NORTH 54°49'06" EAST, A DISTANCE OF 230.12 FEET; THENCE NORTH 59°17'20" EAST, A DISTANCE OF 37.84 FEET; THENCE SOUTH 44°29'00" EAST, A DISTANCE OF 6.86 FEET; THENCE SOUTH 45°31'00" WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 44°29'00" WEST, A DISTANCE OF 3.48 FEET; THENCE SOUTH 59°17'20" WEST, A DISTANCE OF 28.71 FEET; THENCE SOUTH 35°10'54" EAST, A DISTANCE OF 2.00 FEET; THENCE SOUTH 54°49'06" WEST, A DISTANCE OF 229.65 FEET; THENCE SOUTH 33°03'12" WEST, A DISTANCE OF 8.30 FEET TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 60.00 FEET AND A RADIAL LINE THAT BEARS NORTH 38°29'20" WEST. THENCE ALONG SAID NON -TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 91°16'26" AND AN ARC LENGTH OF 74.87 FEET; THENCE SOUTH 55°31'23" WEST, A DISTANCE 0F13.20 FEET; THENCE SOUTH 61°17'19" WEST, A DISTANCE OF 25.51 FEET; THENCE NORTH 28°42'41" WEST, A DISTANCE OF 2.98 FEET; THENCE NORTH 61°17'19" EAST, A DISTANCE OF 25.21 FEET; MAY 10, 2013 SHEET 2 OF 2 EXHIBIT "A" LEGAL DESCRIPTION IRREVOCABLE OFFER OF DEDICATION CITY OF TEMECULA MONUMENT SIGN EASEMENT THENCE NORTH 34°28'37" WEST, A DISTANCE OF 1.33 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 47.00 FEET; THENCE ALONG SAID TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 83°44'38" AND AN ARC LENGTH OF 87.70 FEET; THENCE NORTH 43°42'45" WEST, A DISTANCE OF 26.88 FEET; THENCE NORTH 48°20'43" EAST, A DISTANCE OF 3.00 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 3,375 SQUARE FEET, MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE APART HEREOF. PREPARED UNDER THE DIRECTION OF: S.B.&O., INC. MARISSA CROWTHER, P.L.S. 6152 DATE W 1Cc1At LqeR MARf8THSA CROt� Exp:,/ r .2 No81 2 K OF CAL►FBe 0 200' 400' SCALE: 1"•=200' 0 U LOTB LLA PA 07-0249 REC'D. NOV. 15, 2007 AS INST. #2007-0695987, O.R. 10P�Q006 0 OPS Za' 3552' 0.5-05upo7 ck it PARCEL C LLA PA 07-0249 CITY SIGN EASEMENT (SEE SHEET 2) i �� ii 110 29639 -- MB 345/1'19 824'�94W 9, LEGEND POC POINT OF COMMENCEMENT TPOB TRUE POINT OF BEGINNING CITY SIGN EASEMENT AREA 3,375 SQ. FT. EXISTING EASEMENT © MULTI—USE TRAIL EASEMENT REC'D. JULY 29, 2013, INST. #2013-0365399, O.R. PREPARED UNDER THE DIRECTION OF: S.B. & 0., INC. 41689 ENTERPRISE CIRCLE NORTH, STE. 126 TEMECULA, CA 92590 MARISSA CROWTHER, PLS 6152 DATE CITY OF TEMECULA SIGN EASEMENT MAY 2013 EXHIBIT "B" SB&O JN 70112,00 SHEET 1 OF 2 0 40' 80' 1'�'Q�t �, OP ¢�4tit / / �!)CI: Q�, $$$ct°�G o4�/ r �,, ok / t • & 4 / L8 ov c9 0°' v° �� X43' / �'� , o�.. / rr #�. / *�o�� r v' / gib '� �9� Dc Dc / / �5 rr y / /r / '' ►•�' rr LOT B �`�? L,i �' LLA PA 07-0249 I�\9L9 ' REC'D. NOV. 15, 2007 AS / '� /NST. #2007-0695987, 0,R. / ,fI`oon �'QJ \?� / e} �d'.fOG 1 eE, , LEGEND y0 3 . 1k i 4 1 '(R) POC POINT OF COMMENCEMENT 0i TPOB TRUE POINT OF BEGINNING 'N& �>4s) ► ' S.5531'23"W. CIN SIGN EASEMENT AREA `'R "t L12 13,20 \�� 3,375 SQ. FT. ��� / /// \ ---' \ SEE DETAIL 0 MULTI—USE TRAIL EASEMENT ��\ \N.T.S. REC'D. JULY 29, 2013, \ \� INST. #2013-0365399, O.R. \\ J4 \\\ L12 A\ SCALE: 1"..40" L4 L5 LINE TABLE LINE LENGTH BEARING Ll 3.37 S 43 42'45 "E. L2 18.01 S.43'42'45'1:L 3 14.28 S 73'42'24°E. L4 6.86 S 4429'00"E L5 10.00 S 45 31 '00"W. L6 3.48 N.4429'00"W. L7 28.71 S. 59'17'20"W. L8 2.00 £35'10'54"E. L9 8.30 S.33'03'12"W. L10 2.98 N.28 42'41 "W. L11 25.21 N.61'17'19"E. L12 1.33 N.34 28'37"W. L13 26.88 N.43'42'45"W. L14 3.00 N. 48'20'4,3°E. (SEE SHEET 1) k 4, L10 y6 EXISTING EASEMENT 132 '23"W. CITY OF TEMECULA SIGN EASEMENT MAY 2013 I EXHIBIT "B" SB&0 JN 70112.00 SHEET 2 OF 2 104 2014-15 Projected 2016-17 Projected 2014-15 2014-15 Projected S Capital Improvement Program Fiscal Years 2014-18 ]3 OLD TOWN PUBLIC ART Infrastructure / Other Project Project Description: This project consists of a public art piece that will be placed in Old Town, and will feature elements of water and lighting to attract the interest of pedestrians. Benefit / Core Value: This project brings an additional focal point to Old Town. In addition, this project satisfies the City's Core Value of a Healthy and Livable City. Project Status: This project is currently in the concept phase and is estimated to be completed by June 2014. Department: Temecula Community Services / Planning—Account No. 210.190.121 Level: III Project Cost: Prior Years Actual Expenditures Construction $ 3,258 Totals $ 3,258 Source of Funds: Prior nears Actual Expenditures DIF (Public Art) $ 3,258 Total Funding: $ 3,258 Future Operation & Maintenance Costs Fiscal Year Ended 2013 Carryover Budget S 100,000 S 100,000 Fiscal Year Ended 2013 Carryover Budget S 100,000 S 100,000 2013-14 Adopted Appropriation S S 2013-14 Adopted Appropriation 2013-14 105 2015-16 Projected S 2017-18 Projected 2015-16 2016-17 2017-18 Projected Projected Projected 2015-16 2016-17 2017-18 Total Project Cost S 103,258 S 103,258 Total Project Cost S 103,258 S 103,258 TEMECULA CITY ENTRY MONUMENTATION Infrastructure /Other Project Location 116 2016-17 $ 5,412 Capital Improvement Program Fiscal Years 2014-18 ]3 TEMECULA CITY ENTRY MONUMENTATION Infrastructure / Other Project Project Description: This project includes the design and construction of an entry monument to replace the monument at the north end of the City. The new monument will be designed and constructed by the developer pursuant to the Fee Credit Agreement, dated October 9, 2007, and will be reimbursed pursuant to Section 4.H. of the Agreement. The developer's obligation for this project is $36,000. Benefit / Core Value: This project provides identification and recognition for the City. In addition, this project satisfies the City's Core Values of a Healthy and Livable City and Economic Prosperity. Project Status: The start date for this project is dependent on the developer. Department: Temecula Community Services / Planning—Account No. 210.165.671 Level: II Project Cost: Prior Years Actual Expenditures Construction Totals Fiscal Year Ended 2013 Carryover Budget $ 150,000 S 150,000 2013-14 Adopted Appropriation Source of Funds: Fiscal Year Prior Years Ended 2013 2013-14 Actual Carryover Adopted Expenditures Budget Appropriation DIF (Public Art) Total Funding: $ 150,000 $ 150,000 S Future Operation & Maintenance Costs: 2014-15 Projected 2014-15 Projected S 2015-16 Projected S 2016-17 Projected 2017-18 Projected 2015-16 2016-17 2017-18 Projected Projected Projected S 2013-14 $ 5,100 2014-15 2015-16 $ 5,306 S 5,202 117 2017-18 S 5,520 Total Project Cost S 150,000 $ 150,000 Total Project Cost S 150,000 $ 150,000 Item No. 12 Approvals / ��� � City Attorney /'�'Y`7/— Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Armando G. Villa, AICP, Director of Community Development DATE: March 25, 2014 SUBJECT: Second Amendment with KTU+A for Phase II of the Multi-UseTrails and Bikeways Master Plan Update PREPARED BY: Matt Peters, Associate Planner Lynn Kelly -Lehner, Senior Management Analyst RECOMMENDATION: That the City Council: 1. Approve the Second Amendment to the Agreement with KTU+A, in the amount of $123,055, for Phase 11 of the Multi -Use Trails and Bikeways Master Plan Update; 2. Authorize the City Manager to approve Extra Work Authorizations, not to exceed the contingency amount of $12,305, which is 10% of the Second Amendment, for a total Agreement amount of $190,200. BACKGROUND: On May 14, 2013, the City Council approved a Phase I contract for $45,000 with KTU+A to update the 2002 Multi -Use Trails and Bikeways Master Plan. The plan update has been broken into two phases. Phase I, which is nearly complete, focused on public participation and information gathering. Major tasks associated with Phase I included a public outreach workshop, field visits and map verification, creation of an interactive website to provide information and receive citizen input, a community survey, and completion of chapters associated with background, history, and public participation. Phase I efforts have been summarized in a report, which includes an early action plan identifying priority segments that need to be connected. On August 27, 2013, City Council approved the first Amendment to the Agreement for KTU+A to conduct a sidewalk gap analysis throughout the City, and for the analysis to be included as an appendix in the Master Plan Update. On February 25, 2014, Staff held a Steering Committee meeting at the Mercantile Theater in Old Town to summarize the survey results, and get feedback on proposed improvements in Old Town to include sharrows (shared bike lane markings), Bicycle Friendly Community signs, and strategically placed bike racks in cooperation with the business owners. Phase I will conclude with a community walk -ride event to highlight the opening of the Main Street bridge, Old Town improvements, and to identify priority locations for future trails and bike lanes based on the community's feedback. Phase II will consist of an update to the 2002 Multi -Use Trails and Bikeways Master Plan and is expected to be completed early 2015. Phase II will focus on implementation of the top bicycle and trail segments identified through the Phase I public participation process. Other significant tasks associated with Phase II include the identification of strategies to complete the bike lane and trail connections, identifying safe circulation at problematic intersections, and providing estimates for construction costs. The plan will include an analysis of five-year pedestrian and bike collision data for "hot spot" analysis associated with Safe Routes to Schools. Other plan elements will include identification of trail heads, comprehensive signage plan, and discussion of economic impacts and public health benefits. The Second Amendment to the Agreement also contains additional tasks for the sidewalk analysis study. FISCAL IMPACT: Sufficient funds are available in account 210.165.703.5802 in the Capital Improvement Program (Bike Lane and Trail Program) for Phase II of the Master Plan Update and 210.165.708.5802 in the Capital Improvement Program (City Sidewalks) for the additional tasks related to the sidewalk analysis. ATTACHMENTS: 1. Second Amendment to Agreement 2. Bike Lane Trail Program and City Sidewalks CIP Sheets SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND KTU+A MULTI -USE TRAILS AND BIKEWAYS MASTER PLAN UPDATE THIS SECOND AMENDMENT is made and entered into as of March 25, 2014 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and KTU+A, 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 May 5, 2013, the City and Consultant entered into that certain Agreement entitled "Agreement for Multi -Use Trails and Bikeways Master Plan Update" in the amount of $45,000. b. On August 27, 2013, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Multi -Use Trails and Bikeways Master Plan Update," to add scope of work and to increase the payment in the amount of $9,840. c. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2015, increase the payment in the amount of $123,055, and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2015 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 one hundred twenty three thousand fifty five dollars ($123,055), plus a 10% contingency of twelve thousand three hundred and five dollars ($12,305), for Phase II of the Multi -Use Trails and Bikeways Master Plan Update and Additional Tasks for the Sidewalk Analysis, for a total Agreement amount of one hundred ninety thousand two hundred dollars ($190,200). 4. Exhibits A and B are to the Agreement are hereby amended by adding thereto the items set forth on Attachments A and B 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. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA KTU+A (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maryann Edwards, Mayor Sharon Singleton, Vice President ATTEST: By: By: Gwyn R. Flores, CMC, Acting City Kurt Carlson, Secretary Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT KTU+A Attn: John Holloway 3916 Normal Street, San Diego, CA 92103 619.294.4477 john@ktua.com 2 PM Initials: D D Q Date: ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant for additional tasks for the sidewalk study analysis, an appendix of the Multi -Use Trails and Bikeways and Master Plan Update. Sidewalk Study - Additional Tasks Task 1: Add/remove segments as noted A: Add sidewalk segments to priority list a) East side of Deer Hollow Parkway from Great Oak High School eastbound b) West and east sides of Jefferson Avenue from Rancho California Road north to Overland Drive c) East side of Business Park Drive starting at Ridge Park Drive and Rancho California Road d) South side of Single Oak Drive e) South side of Winchester Road from Diaz Road going westbound f) East side of Butterfield Stage Road from Temecula Parkway northbound B: Remove sidewalk segments from priority list 1) Butterfield Stage Road 2) Santiago Road Task 2: Field verification 1) Verify GIS data 2) Verify existing conditions 3) Identify any additional constraints 4) Geo -referenced photography 5) Facility physical measurements Task 3: Revise total linear feet/square footage of curb/sidewalk of each segment 1) Removing existing drive approaches 2) Remove sidewalks as appropriate Task 4: Re -run model and re -rank sidewalk segments using following cost criteria A: Physical improvements 1) Needing a sidewalk portion only to complete all sidewalks within segment limits 2) Needing sidewalk one side of segment limits 3) Needing sidewalk on both sides of segment limits 4) Needing street widening and sidewalk on one or both sides 5) Needing additional right-of-way and sidewalk on one or both sides 3 B: Safety and connectivity 1) Safety (adding sidewalk will enhance safety for large number of pedestrians) 2) Connectivity (adding sidewalk will create long continuous paths for pedestrians) Task 5: Provide street widening cost estimates (If street widening required to install sidewalk, provide costs for widening) Costs will be based on square foot unit prices as determined within the previous phase Task 6: Provide ROW acquisition cost estimates (If additional right-of-way needed to construct street, provide acquisition costs) Task fees can be reduced if the City chooses to define generalized ROW acquisition costs. On the other hand, detailed acquisition cost analysis will likely require additional fees for a specialist real estate subconsultant's services. In any case, fees cannot reliably be determined until locations are identified, so KTU+A will work with the City to more accurately define this task's requirements. Task 7: Finalize report based on additional scope analysis Re -write report to reflect additional scope task results. Cityof Temecula Update of 2002 Multi -use Trails and Bikeways Master Plan Senior Assodate, Mobility Planner John Holloway SeniorAssodate, Planner/GIS Anal JoePunyst,an Planning, GIS Support Kristin Bleile Totals Schedule $140 $140 $110 Hours Sidewalk Analysis: Additional Scope Tasks 1 Pdd/remove segments per new scope* 2 4 6 2 Wks 2 Feld verification 12 12 12 36 3 Remove driveways/approaches per new scope 2 6 8 4 Re -run model based on new criteria (including ROW acquisition) 4 16 24 44 1 Wk 5 Provide street widening cost estimates 4 24 24 52 2 Wks 6 Finalize report based on additional scope analysis 16 8 8 32 1 Wk Deliverables: Report viith analysis crapping and costs in appendix 5 Wcs Sub -total Hours Sub -total Costs 24 48 56 128 $3,360 $6,720 $6,160 $16,240 Notes: *City to provide latest database including additional segments noted in comments ATTACHMENT B Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant for Phase II of the Master Plan Update. Phase II: Update 2002 Multi -Use Trails Bikeways Master Plan Task A: Prepare new master plan sections A-1 Background A-2 History A-3 Public participation KTU+A will prepare a new master plan document with sections addressing this project's background and history, as well as a new section summarizing the results of the public participation conducted for the project. This third section will be based on the public outreach workshops reports, on-line survey results and the walk/ride event input. Deliverables: New plan sections Task B: Legislation and regulation review B-1 Review possible applicable legislation and regulations KTU+A will review all adopted legislation that deals with trail acquisition, liability, risk management and public right of way. Any legislation currently being considered will also be researched. Where issues remain on providing access, coordination with other agencies and various risk elements, a summary of the types of legislation needed to resolve the issue will be discussed. Deliverables: Legislation and regulations summary Task C: Staff meetings C-1 Staff meetings (2) KTU+A will attend two staff meetings held as needed during Phase II to address project milestones or issues. C-2 Utility district/agency meeting (2) KTU+A will attend two district/agency meetings held as needed during Phase II to address potential alignment issues. It is assumed that City staff will assist in identifying and coordinating with the districts or agencies with which meetings will be needed. It is also assumed that the city will accommodate a schedule that allows meetings in t C-1 and C-2 to be conducted on the same day in order to lower travel time and costs. C-3 Map verification field meeting (1) KTU+A will conduct a map verification field meeting held as needed during Phase II to research potential alignment issues that may come to light through public outreach, City staff or Trail Sub- committee input. Deliverables: See Task 2 5 Task D: Public outreach workshop 2 D-1 Prepare public outreach workshop 2 report PMC will prepare a public outreach workshop report with KTU+A oversight. This report will summarize workshop 2 public input and be used to guide subsequent analysis and plan development. D-2 Prepare public workshop materials/press release KTU+A will work with PMC to prepare event materials and a press release to help ensure wide citizen interest in attending the workshop. D-3 Conduct public outreach workshop 2 KTU+A will work with PMC's public outreach specialists to develop workshop exercises customized for the particular project designed to gather the information needed to reach logical conclusions based on public input. It is anticipated that the City will advertise the workshop and the on-line survey to help ensure broad citizen input. Deliverables: Workshop boards, PowerPoint presentation and report Task E: Interactive website E-1 Build and launch site for public outreach and engagement This is a continuation of Task 7 in Phase I. Splitting this task across both phases reflects the need to maintain the website throughout project development, and that public interest will likely build during and after public outreach events. Public outreach specialists PMC will take the lead on this task and continue to maintain a website devoted to public outreach and engagement. KTU+A will also continue to contribute mapping and graphic support as needed. E-2 Develop multi -use trail mapping interface and user input functionality This is also a continuation of Task 7 in Phase I. PMC will also take the lead on this task, with KTU+A oversight, and continue to maintain a trail map interface and user input tools to function within the website developed in the previous sub -task. The website's database will continue to be based primarily on KTU+A's GIS mapping and analysis performed for previous project tasks. Deliverables: Interactive website with documentation, does not include hosting or setup on City servers Task F: Develop implementation plan F-1 Identify trail and bikeway segments locations to connect This task will be derived from the City's most recently updated planning and gap analysis, any map verification field work and public outreach results. We work with our clients to define the weighting of prioritization variables within our proprietary GIS modeling because our solutions are always customized for the location and client agency. The weighting methodology for the initial model run will therefore be worked out with City staff since it will depend strongly on available data. This modeled prioritization will be balanced with community input, as desired by the City. 6 F-2 Update 2002 MUTBMP for trail specifics Based on our renewed familiarity with the City of Temecula following the completion of the previous tasks, we will update the 2002 MUTBMP with trail specifics reflecting existing local conditions, planning priorities, regulations and City staff, Trails Sub-committee and public input. F-3 Prepare plan, sections and recommendations for surface, width, and grade maximums For all identified off-road and on-road trail projects identified as priorities for the community, the team will prepare conceptual site plans that will include a plan view with notes, diagrams, cross sections and other graphic representations of proposed changes. These plans will include the transitions from existing facilities to new facilities. A limit of 25 projects is assumed for this effort. These are in addition to the 5 prepared as part of Phase 1. A project is defined as one continuous trail, path, lane or route along one geographic element such as a creek, canyon or roadway. If the project changes roadways, or orientation to major geographic elements, then it will be considered a separate project. F-4 Identify trail heads We will work with City staff and the Trails Sub-committee, as well as take into account public input, to identify appropriate locations for trail heads. Siting such facilities often depends on what amenities are desired, which necessarily defines spatial and land use requirements. It may be advisable to designate variable levels of trail head development to accommodate specific locations. KTU+A will work with City staff and the Trails Sub-committee to develop prioritization criteria to help make appropriate recommendations as part of the overall trail planning effort. F-5 Recommend trail head and proposed amenities The 2002 plan's survey results influenced trail amenity recommendations at the time, but have also driven decisions on other trail projects for many other plans since then. For example, shade ranked higher than any other amenity and has therefore been a component of many of our subsequent trail planning and design projects. The desire for shading can be addressed with landscaping, especially native trees planted close to the trail, usually grouped at intervals or nodes, and at intersections or trail heads. These locations often work well for interpretive signage since users will tend to linger there, especially during hot weather. Trail head development needs to reflect, as much as possible, projected use levels and types, which can be difficult to determine when no or only a few disjointed facilities exist. The degree of trail head development is often based on the perceived relative prominence of specific locations, as well as public participation, which can be a valuable tool to help define desired amenities. F-6 Recommend end-of-trip requested items such as bike racks, storage, lockers, etc. Providing adequate amounts of quality bicycle parking at education, shopping, entertainment, park and recreation facilities makes it more likely that citizens will leave their cars at home in lieu of biking, because they can. The intent of this scope is to not identify specific locations or designs of facilities but to provide the general guidelines and processes that will assure that this important bike facility is included in plans when considering adding trails and paths. F-7 Update estimated construction costs per segment Costs have fluctuated substantially since the 2002 plan, especially paving materials and some facility types that did not yet exist, such as "sharrows." KTU+A and Fehr & Peers both maintain updated construction cost databases regularly used for project cost estimating. Fehr & Peers will lead this task with KTU+A oversight. Deliverables: Segment cross sections and cost estimates, amenity recommendations 7 Task G: Identify constraints and safety concerns of existing facilities G-1 Analyze 5 year collision data for cyclists and pedestrians G-2 Address problematic locations for cyclists, horses and pedestrians G-3 Conduct "hot spot" Safe Routes to Schools analysis G-4 Develop site-specific solutions Collision analysis is an important component of the mobility planning process, particularly for on - street facilities. As requested in the RFP, this will also inform the Safe Routes to School recommendations. In 2009-2010, the City of Temecula was ranked the safest California city with a population between 100,000 to 250,000 in which to drive, walk and bicycle. Even so, improvements can always be made to further reduce collisions and their severity and to improve overall mobility. City-wide Statewide Integrated Traffic Records System (SWITRs) data has already been collected for 2007-2011 and the KTU+A team will incorporate the 2012 data into the analysis when it becomes available. KTU+A will also coordinate with the City of Temecula's Police Department's Traffic Division for additional data and will base analysis on the Division's "three E" concept of Education, Engineering and Enforcement. The three Es of bikeway planning: Evaluation, Equity and Encouragement will be discussed. KTU+A will develop GIS -based maps to disseminate the provided data in tabular and graphic formats. These datasets can then be further analyzed to identify geographic and behavioral trends to support appropriate recommendations and safety countermeasures. The constraints and safety analysis and resulting public input will help to define site-specific solutions, including potential innovative ones not yet seen in the City of Temecula or the region. For other projects, for examples, we have recommended signal optimization, bike boxes, colored and separated lanes (cycle tracks), sharrows, "jug handles," curb extensions, in -pavement flashers, automatic crossing sensor activation and occupancy detection, road diets, bicycle boulevards with traffic diverters and other bike treatments, as well as specialized signalization, such as bicycle - specific signal heads, HAWK (High -Intensity Activated crossWalK) signals and RRFBs (Rapid Rectangular Flashing Beacons). Deliverables: SRTS "hot spot" analysis and other problem area site-specific solutions Task H: Discuss/make recommendations for bike lanes and trails H-1 Economic impacts While the City does not anticipate that an economist will be necessary to address this portion of the plan, we will address the generally accepted economic benefits of a comprehensive bikeway and trail system. This includes residents and visitors who will use and enjoy the trails, as well as patronize local bike shops, restaurants and other related businesses, especially those in close proximity to the system. PMC's economic specialists will take the lead for this sub -task. H-2 Health benefits This aspect of active transportation is an integral part of mobility planning. KTU+A will prepare recommendations addressing the health benefits of bicycle lanes and trails incorporating the latest best practices and policies from across the nation. Deliverables: Text compilation for document insertion 8 Task I: Develop comprehensive sign plan 1-1 Design directional, distance and education signs 1-2 Color and material recommendations 1-3 Placement guidelines The signage plan scope items will include conceptual graphic design options, as well as recommendations for color, branding and materials. The materials recommendations will address durability and low maintenance. We will also provide placement guidelines for the directional signs, distance markers and interpretive panels or exhibits, to help define sign locations for subsequent trail design projects. The signage system will perform a variety of services, including educating users about endemic plants and animals, keeping them informed about each trail's length and challenge level, as well as connections to specific destinations. Sign material and design should complement other trail amenities, such as kiosks and seating, for examples, to ensure an identifiable "Temecula" trail. Deliverables: Sign recommendations and placement guidelines Task J: Develop best practices maintenance program J-1 Prepare landscape maintenance guidelines J-2 Prepare architectural maintenance guidelines Maintenance guidelines are an important feature of trail projects. For this plan, guidelines will address landscaping as part of trail development, as well as any structures along Class 1 trails, such as bridges, signs, kiosks, trash/recyclable receptacles, fencing, shade structures or seating. These amenities will need to be durable and graffiti -tolerant, and therefore require low maintenance and be easy to clean. In coordination with the sign plan, a unifying signature look will be developed to "brand" the trails and their amenities as part of a uniquely City of Temecula system. Deliverables: Best practices maintenance guidelines Task K: Develop "rules of the road" and mixed use educational plan K-1 Prepare "rules of the road" recommendations and graphics K-2 Prepare mixed use recommendations and graphics Text and graphics will be provided to circulate to the general public in helping to educate the proper rules of the road and multi -use trail etiquette. The emphasis will be on safety and on defensive riding helping to point out how to avoid collisions, regardless of fault. Deliverables: Recommendations text and graphics Task L: Revise 2002 document L-1 Incorporate new chapters The new document sections from Task A will be incorporated into the 2002 document, likely as components of the introduction chapter or appendices, as desired by the City. L-2 Update remainder of document with new information, mapping and graphics KTU+A will update the remainder of the document to reflect new information, mapping and 9 graphics. Some updating will be necessary due to standards and regulations that have changed in the last 11 years, such as state requirements for approved bicycle master plans. If the City intends to apply for federal funding for its bicycle facilities, state approval will be needed. We will prepare the necessary materials for Bicycle Transportation Account compliance, including maps and a requirements checklist. This addresses California Streets and Highways Code Section 891.2, which must be complied with for the City to receive Caltrans approval of any bikeway plans, since Caltrans distributes federal transportation funding in California. Additionally, we can include relevant sections of the California Vehicle Code and Caltrans Highway Design Manual dealing with bicycles and bicycle use in an appendix to ensure that the client has ready access to this information. Deliverables: Updated document Task M: PowerPoint file (for City Staff presentation) M-1 Prepare PowerPoint presentation A presentation will be prepared for public workshops and will include much of the mapping and other exhibits previously produced for the project, depending upon City preferences. M-2 Attend Community Services Committee or City Council meetings (2) KTU+A will attend two Community Services Committee or City Council meetings held as needed during Phase II. Deliverables: PowerPoint presentation Task N: Prepare final electronic version N-1 Prepare and deliver electronic version Electronic versions will be supplied via CD, DVD, "thumb" drive or via an FTP site, at City preference. KTU+A will provide all files (Excel, Word, PDF, JPG, AutoCAD, ESRI, etc.) as a standard part of project deliverables for subsequent City use. Deliverables: Electronic version of updated plan 10 Phase 11: Update 2002 Multi -Use Trails Bikeways Master Plan Task I: Develop comprehensive sign plan 1-1 Design directional, distance & education signs 1-2 Color and material recommendations 1-3 ;Placement guidelines :Deliverables: Sign recommendations & guidelines 12 2 4• 24 8 _ 36 10 4 Sub -total Hours Sub -total Costs . •Material Costs TOTALS 0 $0 18 52,430 0 $0 0 $0 KTU+A 32 $3,680 50 S6.110 0 $0 0 50 1 0 $0 0 $0 ' PMC 0 $0 SO 50 0 $0 Fehr 0 $0 & Peers 0 SO SO 50 50 56.110 Task J: Develop best practices maintenance program J-1 ;Prepare landscape maintenance guidelines J-2 TPrepare architectural maintenance guidelines ;Deliverables: Best practices maintenance guidelines 4 2 8 4 • – _ 12 6 Sub -total Hours f. Sub -total Costs Material Costs • TOTALS 0 $0 6 $810 0 $0 1 12 51,260 KTU+A 0 $0 50 52.070 0 50 0 50 , 0 , $0 0 50 PMC' 0 $0 ' 50 SO 0 $0 Fehr 0 $0 & Peers 0 $0 $O —10 18 52.070 Task K: Develop "rules of the road" and mixed use educational plan K-1 ;Prepare `rules of the road' suggestions & graphics K-2 :Prepare mixed use suggestions & graphics ;Deliverables: Recommendations text & graphics 2 26 – 6 16 ' – 24 8 Sub -total Hours Sub -total Costs Material Costs TOTALS 0 $0 4 $540 0 $0 12 $1,260 KTU+A 16 $1,840 30 53.640 0 $0 0 50 , 0 , $0 0 $0 PMC 0 $0 50 50- 0 $0 Fehr 0 $0 & Peers 0 50 50 50 32 3,640 Task L: Revise 2002 document L-1 ;Incorporate new chapters L-2 :Update document with new info, maps & graphics :Deliverables: Fully updated document 24 36 16 24 36___� : • – – – – • 48 88 , Sub -total Hours , Sub -total Costs Material Costs i TOTALS 0 $0 60 $8,100 16 $1,840 60 $6,300 KTU+A 0 50 SO 516.240 0 $0 0 50 0 : $0 0 • $0 PMC 0 $0 _ 50 0 $0 _ Fehr 0 $0 & Peers 0 $0 301 136 50 16,240 Task M: PowerPoint file (for City Staff presentation) M-1 Prepare PowerPoint presentation M-2 Attend Comm. Services Comm. or City Council (2) ;Deliverables: PowerPoint presentation 2 6 8 8 10 14 Sub -total Hours Sub -total Costs Material Costs TOTALS 8 $1,320 16 $2,160 0 . $0 0 $0 KTU+A 0 $0 30 53.480 0 $0 0 $0 0 . $0 ; _ - + 0 50 . PMC 0 • $0 50 V/ 0 50 Fehr 0 $0 & Peers 0 50 50 –SD 24 3.480 Task N: Prepare final electronic version N-1 :Prepare and deliver electronic version ;Deliverables: Electronic version of updated plan 0 2 2 Sub -total Hours Sub -total Costs Material Costs TOTALS 0 $0 0 $0 0 $0 2 $210 KTU+A 0 $0 5210 0 $0 0 50 0 $0 ? 0 $0 PMC 0 $0 50 50 0 $0 Fehr 0 $0 & Peers] 0 50 –SD 50 2 5210 Phase 2 Materials: 3945 KTU+ALabcc $71,545 PMC Labor: S17,165 Fehr & Peers Labor. 517,160 Phase II Labor and Materials: S106,815 BIKE LANE AND TRAIL PROGRAM Infrastructure / Other Project Location City of Temecula Old Town to Wine Country Trail - Lake Skinner Trail - Temecula Loop Existing Trails (Off Road) Proposed Trails (Off Road) Bike Lane (Class II) - Striped on both sides Bike Lane (Class II) - Striped on one side; black side not striped _Q Bike Lane (Class II) Proposed Aerial Data - March 2010 0 0.5 2 Miles 80 2014-15 2016-17 Capital Improvement Program Fiscal Years 2014-18 Win. Comity BIKE LANE AND TRAIL PROGRAM Infrastructure / Other Project Project Description: This project includes an update of the existing Multi -Use and Bikeways Master Plan Update which will be completed in two phases. Phase I of the Master Plan Update will include community workshops to gather the public's trail and bikeways opinions, preferences, and development priorities. Phase I also includes the creation of a dedicated interactive website focused on Temecula's trails and bikeways. In Phase 11, the consultant will use the information provided by the workshop participants and produce a recommended ranking of trails and bikeways to be constructed. The consultant will create trail or bikeway segment information sheets that will detail any constraints, the solutions, surface types and widths, and estimated construction costs. The consultant will also provide recommendations for trail and bike amenities, signage, and other items that will provide a safe and pleasant trail or bike ride experience. Approximately seven miles of bike lanes will be striped. Additional funding will be required for the ultimate construction of the multi -use trails and bikeways. Benefit / Core Value: This project provides alternative modes of transportation and increasing connectivity and accessibility to Old Town, Wine Country, and the City's many schools, parks, trails, and open space areas. In addition, this project satisfies the City's Core Values of A Sustainable City and Transportation Mobility & Connectivity. Project Status: Phase 1 of the multi -use trails and bikeways master plan update is in progress and is estimated to be completed by fiscal year 2013-14. Department: Planning / Public Works / Temecula Community Services -210.165.703 Level: Project Cost: Prior Years Actual Expenditures Fiscal Year Ended 2013 Carryover Budget 2013-14 Adopted Appropriation 2014-15 2015-16 2016-17 Projected Projected Projected 2017-18 Total Project Projected Cost Administration $ 20,000 $ 65,880 S 85,880 Construction $ 123,000 $250,000 $250,000 $150,000 52,750,000 S 3,523,000 Construction $250,000 $266,380 $2,750,000 S 3,266,380 Engineering $ - S - $ 250,000 $250,000 $250,000 $ 10,500 S2,750,000 $ 10,500 Design $ 107,000 $ 40,000 $ 147,000 Tota I s $ - S - $ 250,000 $250,000 $250,000 $266,380 $2,750,000 S 3,766,380 Source of Funds: Prior Years Actual Expenditures Fiscal Year Ended 2013 2013-14 Carryover Adopted 2014-15 2015-16 2016-17 2017-18 Total Project Budget Appropriation Projected Projected Projected Projected Cost DIF (Open Space and Trails) $ 250,000 $250,000 S 500,000 Unspecified* $250,000 $266,380 $2,750,000 S 3,266,380 Total Funding: $ - S - $ 250,000 $250,000 $250,000 $266,380 S2,750,000 S 3,766,380 Future Operation & Maintenance Costs 2013-14 *Project cannot be constructed until a funding source is identified. 81 2015-16 2017-18 2016-17 Capital Improvement Program Fiscal Years 2014-18 ?'n. Kns.t 44 Saat.arn fe. sit Win. Comity CITYWIDE SIDEWALKS Infrastructure / Other Project Project Description: This project will include the construction of sidewalks at various locations around the City. Benefit / Core Value: This project will provide walking surfaces for pedestrians. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity and a Sustainable City. Project Status: A list of areas with no sidewalks will be compiled and prioritized. This project will be started in fiscal year 2013-14. Department: Public Works -210.165.708 Level: Project Cost: Fiscal Year Prior Years Ended 2013 2013-14 Actual Carryover Adopted 2014-15 2015-16 2016-17 2017-18 Total Project Expenditures Budget Appropriation Projected Projected Projected Projected Cost Administration $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 75,000 Construction $ 90,000 $ 90,000 $ 90,000 $ 90,000 $ 90,000 $ 450,000 Construction $ - $ - $ 125,000 $125.000 $125,000 $125.000 $125,000 $ 625.000 Engineering $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 25.000 Design $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 75,000 Totals $ - $ - $ 125,000 $125,000 $125,000 $125,000 $125,000 $ 625,000 Source of Funds: Prior Years Actual Expenditures Fiscal Year Ended 2013 2013-14 Carryover Adopted 2014-15 2015-16 2016-17 2017-18 Total Project Budget Appropriation Projected Projected Projected Projected Cost Capital Project Reserves $ 125,000 $125,000 $125,000 $125,000 $125,000 $ 625,000 Total Funding: $ - $ - $ 125,000 $125.000 $125,000 $125.000 $125,000 $ 625.000 Future Operation & Maintenance Costs 2013-14 2014-15 85 2015-16 2017-18 Item No. 13 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas W. Garcia, Director of Public Works/City Engineer DATE: March 25, 2014 SUBJECT: Payment of the City of Temecula's share of the Regional Municipal Stormwater Permit for the Santa Margarita Watershed for Fiscal Year 2013-14 PREPARED BY: Mayra De La Torre, Senior Engineer Aldo Licitra, Associate Engineer RECOMMENDATION: That the City Council approve payment to Riverside County Flood Control and Water Conservation District (RCFCWCD), in the amount of $213,682.16, which is the City of Temecula's portion of the cost-sharing reimbursement pursuant to the Implementation Agreement between the permittees of the Santa Margarita Watershed (SMW). BACKGROUND: On January 10, 2012, the City executed the Implementation Agreement with RCFCWCD, our principal permittee, to comply with the SMW National Pollutant Discharge Elimination System (NPDES) Permit adopted by the San Diego Regional Water Quality Control Board (Order No. R9-2010-0016). This Agreement establishes proportional cost shares for each permittee, based on a cost-sharing formula, to administer the Agreement including the management of regional components of the City's NPDES Municipal Separate Storm Sewer System Permit. The regional components of the Order covered by the Agreement include water sampling programs, special studies, staff training programs, a Hydromodification Plan, watershed annual reports, a Standard Stormwater Mitigation Plan, receiving waters monitoring reports, a Jurisdictional Runoff Management Plan, public education/outreach programs, and reports of waste discharge. FISCAL IMPACT: On February 20, 2014, RCFCWCD, administrator of the Implementation Agreement, sent the City a letter and invoice requesting payment for the City's portion of the costs associated with the Agreement. Based on the Agreement's established cost- sharing formula, the City's cost is $213,682.16 for Fiscal Year 2013-14. The City's share of the Implementation Agreement costs for Fiscal Year 2013-14 has been budgeted in account number 001-164-605-5321. ATTACHMENTS: 1. Implementation Agreement 2. Letter dated February 20, 2014 to City of Temecula from RCFCWCD 3. Cost -Sharing Table 4. Invoice dated February 10, 2014 to City of Temecula 2 3 4 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 '8/141799 AGREEMENT National Pollutant Discharge Elimination System Stormwater Discharge Permit Implementation Agreement San Diego Region (Santa Margarita Drainage Arca) This Implementation Agreement ("Agreement"), entered into by the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (the "DISTRICT"), the COUNTY OF RIVERSIDE (the "COUNTY"), and the CITIES OF MURRIETA, TEMECULA and WILDOMAR (the "CITIES"), collectively referred to as "COPERMITTEES" and sometimes also referred to as "Parties", individually each as "Party", establishes the responsibilities of each Party concerning the implementation of and compliance with the National Pollutant Discharge Elimination System ("NPDES") Municipal Separate Storm Sewer System ("MS4") Discharge Permit issued by the California Regional Water Quality Control Board — San Diego Region (CRWQCB-SDR) pursuant to Order No. R9-2010-0016 (the "NPDES Permit"). RECITALS WHEREAS, Congress in 1987 added Section 402(p) to the Federal Clean Water Act ("CWA") (33 U.S.C.§1342(p)); and WI-IEREAS, Section 402(p) of the CWA requires certain municipalities to obtain NPDES Permits in order to discharge stormwater from MS4s to waters of the United States; and WHEREAS, Section 402(p) of the CWA requires operators of certain industrial facilities to obtain NPDES permits for stormwater discharges associated with designated industrial activities, including construction activities; and WHEREAS, Section 402(p) further requires the United States Environmental Protection Agency ("EPA") to promulgate regulations for NPDES permit applications; and WHEREAS, EPA adopted such regulations in November 1990; and WHEREAS, EPA delegated authority to the California State Water Resources Control Board ("SWRCB") to administer the NPDES permit process within the boundaries of the State of California; and -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I7 18 19 20 21 22 23 24 25 26 27 28 P8/141799 WHEREAS, SWRCB has in turn delegated its NPDES permitting authority to the California Regional Water Quality Control Boards to administer the NPDES permit process within the boundaries of their respective regions; and WHEREAS, the jurisdiction of the CRWQCB-SDR includes that portion of Riverside County known as the Santa Margarita Region; and WHEREAS, DISTRICT was created to provide for, among other things, the control of flood and stormwaters within the County of Riverside and is empowered to investigate, examine, measure, analyze, study and inspect matters pertaining to flood and stormwaters; and WHEREAS, on January 15, 2009, DISTRICT, COUNTY and CITIES submitted a Report of Waste Discharge as an application to renew NPDES Permit No. CAS0108766; and WHEREAS, the application for renewal of the NPDES Permit was submitted in accordance with the provisions of the previous NPDES permit (Order No. R9-2004-001) which expired on July 14, 2009; and WHEREAS, on November 10, 2010, the CRWQCB-SDR adopted Order No. R9- 2010-0016 to serve as Waste Discharge Requirements in accordance with Section 13263(a) of the California Water Code and as an NPDES permit pursuant to Section 402(p) of the CWA; and WHEREAS, the NPDES Permit meets or exceeds the requirements of Section 402(p)(3)(B) of the CWA; and WHEREAS, the NPDES Permit designates the DISTRICT, COUNTY and CITIES as COPERMITTEES; and WHEREAS, the NPDES Permit requires designation of a "Principal Copermittee", and DISTRICT, COUNTY and CITIES have agreed that DISTRICT will serve as Principal Copermittee for the term of the NPDES Permit; and WHEREAS, the Parties believe that cooperation between COPERMITTEES in the administration and implementation of the NPDES Permit is in the best interest of COPERMITTEES; and WI-IEREAS, the NPDES Permit provides that the COPERMITTEES collaborate -2- 1'8/141799 in the development and implementation of various requirements of the NPDES Permit; and 2 WHEREAS, DISTRICT is willing to utilize its staff to coordinate the activities of 3 COPERMITTEES to facilitate compliance with the NPDES Permit and CWA requirements; and 4 WHEREAS, DISTRICT established the Santa Margarita Watershed Benefit 5 Assessment Area (the "BENEFIT ASSESSMENT") pursuant to District Ordinance 14 on May 6 14, 1991 to offset the DISTRICT'S program and administrative costs associated with the 7 development, implementation and management of the Federally -mandated NPDES Program and 8 DISTRICT is willing to use BENEFIT ASSESSMENT funds to support the D1STRICT's role as 9 Principal Permittee and to support regional program costs to the extent that BENEFIT 10 ASSESSMENT funds are available and can be used for regional programs; and 1I WHEREAS, COPERMITTEES are to perform and/or execute certain activities 12 prescribed in the NPDES Permit that will benefit all COPERMIT"TEES. 13 NOW, THEREFORE, the Parties do mutually agree as follows: 14 1. Incorporation of the NPDES Permit. The NPDES Permit is hereby 15 incorporated by reference in its entirety and made a part of this Agreement as Exhibit "A" !C 2. Delegation of Responsibilities. The responsibilities of each of the / COPERMITTEES under the NPDES Permit are reiterated below in subsections 2.a. and 2.b. 18 Additional delegated responsibilities of the Parties under this Agreement to implement and/or 19 comply with the NPDES Permit are set forth below in subsections 2.c. through 2.h.: a. DISTRICT' shall: 21 (1) Comply with Section M (Principal Coperrnittee 22 Responsibilities), including coordinating the development 23 of updates and reports on programs required under the 24 II NPDES Permit that are jointly required of each 25 COPERMITTEE, including the Watershed Water Quality 2 Workplan ("Watershed Workplan"), Standard Storm Water 27 Mitigation Plan ("SSMP"), liydromodification 28 Management Plan ("HMP"), a model Jurisdictional Runoff -3- P8/141799 Management Plan ("J RMP"), the Receiving Waters and 2 MS4 Discharge Monitoring and Reporting Program No. 3 R9-2010-0016, and any other reports prepared by the :1 DISTRICT on behalf of the COPIRMITTEES as required 5 by Sections K.1 and K.2 of the NPDES Permit. DIS"IRICT will provide COUNTY and CITIL S an opportunity to 7 participate in the development and review of, and comment 8 on, such programs, plans and reports prior to submittal to 9 the CRWQ03-SDR. I0 (2) Comply with Sections A through P (Prohibitions and 11 Receiving Water Limitations, Non-Stormwater Discharges, 17 Non-Stormwater Dry Weather Action Levels, Storm water 13 Action Levels, Legal Authority, JRMP, Watershed 14 Workplan, Fiscal Analysis, 'notal Maximum Daily Loads 15 ("TMDLs"), Program Effectiveness Assessment and 16 Reporting, Reporting, Modifications of Programs, 17 Receiving Waters and MS4 Discharge Monitoring and 18 Reporting Program, Standard Provisions, Reporting 19 Requirements and Notifications, as well as Additional ?tl Provisions, respectively), as they pertain to pollutant 21 discharges from DISTRICT owned and operated MS4 72 which are generated directly from or by DISTRICT 23 facilities and operations, at no cost to COUNTY and 24 CITIES. 25 b. COUNTY and CITIES, at no cost to DISTRICT, shall, for land 26 area within their individual jurisdictions: 27 I� (1) Comply with Sections A through P (Prohibitions and 28 Receiving Water Limitations, Non-Stormwater Discharges, -4- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/141799 Non-Stormwater Dry Weather Action Levels, Stormwater Action Levels, Legal Authority, JRMP, Watershed Workplan, Fiscal Analysis, TMDLs, Program Effectiveness Assessment and Reporting, Reporting, Modifications of Programs, Receiving Waters and MS4 Discharge Monitoring and Reporting Program, Standard Provisions, Reporting Requirements and Notifications, as well as Additional Provisions, respectively), as they pertain to pollutant discharges from COUNTY/CITY owned and operated MS4, which are generated by jurisdictional land uses, facilities, and operations of the respective COUNTY and CITIES. (2) Demonstrate compliance with NPDES Permit requirements through timely implementation of the JRMPs; any COPERMITTEE-specific elements of the Watershed Workplan and Monitoring and Reporting Program; and any approved modifications, revisions or amendments thereto. (3) Provide to DISTRICT (on DISTRICT -provided forms) information needed to satisfy the reporting requirements as described in Sections G, N, and Provision III of Attachment E, or to respond to information requests from the CRWQCB-SDR. COUNTY and CITIES shall specifically: (a) Submit data necessary to prepare updates to the Watershed Workplan to the DISTRICT no later than August 31 '1 of each year. (b) Submit any monitoring and sampling data individually collected pursuant to the MS4 Permit, to the DISTRICT at Ieast quarterly as necessary for -5- /'8/141799 1 DISTRICT to track and prepare reports under the 2 Monitoring and Reporting Program. All applicable 3 monitoring and sampling data individually collected 4 within each fiscal year must be received by 5 DIS`IRICT no later than August 1511i of each year, 6 for inclusion in the monitoring annual report that 7 will be prepared and submitted by the District, 8 pursuant to Section 2.c. herein. 9 (c) Provide one completed bound hard copy, and two 10 electronic copies (PDF preferred) on CD or DVD, 11 of the completed JRMP annual report to the 12 DISTRICT no later than October 15`x' of each year. 13 (d) Provide information on existing MS4 facilities, 14 "major outfalls" (as defined in the NPDES Permit) 15 and/or other data as it pertains to facilities of the 16 COUNTY or CITIES when requested by 17 DISTRICT. 18 c. Public Education Program. On behalf of COPERMIT PEES, 19 DISTRICT shall conduct public education activities on a regional 20 basis that focus on reducing pollution of urban runoff within the 21 Santa Margarita Region, including, as appropriate, developing and 22 disseminating broadcast, online and/or print outreach and 23 advertising, developing brochures, and attending public events. 24 DISTRICT shall also develop and implement mechanisms to 25 determine the effectiveness of the regional public education 26 program. The COUNTY and CITIES shall be individually 27 responsible for developing and implementing any supplemental 28 public education programs that may be necessary to target -6- 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PR/141799 individual communities or stakeholders within their respective jurisdictions, pursuant to Section F.6. of the NPDES Permit. d. COPERMITTEEi Training Program. On behalf of COPERMITTEES, and as requested by the COPERMITTEES, DISTRICT shall develop and conduct regional training sessions for COPERMITI'EE personnel, covering the aspects of the programs developed by DISTRICT pursuant to Section 2.a.(1) of this AGREEMENT that are regionally uniform among COPERMITTEES. The COUNTY and CITIES shall be individually responsible for developing and implementing and reporting upon any supplemental training that may be necessary to ensure that their personnel are trained adequately regarding local policies and procedures for implementing the requirements of the NPDES Permit, pursuant to section F.6. of the NPDES Permit. e. Monitoring Program. On behalf of the COPERMITTEES, DISTRICT shall perforce sampling of surface water and urban runoff in accordance with the provisions of the NPDES Permit Monitoring and Reporting Program ("MRP"), Attachment E Provisions II.A and I1.D-11.F, and prepare and submit Monitoring Reports in accordance with Provision III of Attachment E. The location of the sampling sites shall be determined by COPERMITTEES, subject to approval by CRWQCB-SDR. For Provision I1.13. and II.0 of the MRP, DISTRICT will coordinate with COPERMITTEES in developing a plan for identifying the list of outfalls to be sampled each year in accordance with the NPDES Permit, and COPERMITTEES shall be individually responsible for conducting outfall sampling, source identifications, and enforcement as necessary for their outfalls. The COPERMITI'IES -7- 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/14179<) may, subject to Section 3 herein, request the DISTRICT to conduct the initial outfall sampling required in Provisions II.B. and II.C. on behalf of the COPERMITTEES, S, however, all source identifications (including any follow-up sampling) and enforcement that may be required will remain the individual responsibility of the respective COPERMITTEIS. The DISTRICT shall also enter into a contract with a local lab to provide analysis of water quality samples collected under the MRP. The contract shall be used strictly for water quality samples collected to comply with Provision 11 of the MRP. DISTRICT shall prepare and submit Monitoring Reports, as required by Provision III of Attachment E, based on data collected by the DISTRICT on behalf of the COPERMITTEES, and data provided to the DISTRICT by the COPERMITTEES in accordance with Section 2.b.(3)(b) of this Agreement. f. Consultant Services. In the event DISTRICT requires the services of a consultant(s) to assist in performing duties conducted on behalf of the COPERMITTEES pursuant to Section 2 of this Agreement, the cost of said consultant(s) services shall be shared by COPERMITTEES in accordance with the cost sharing provisions set forth in Section 3 of this Agreement. COUNTY and CITIES shall be notified in writing of DISTRICTS request for proposals from one or more consultants, selection of a consultant, consultant's fee, contract timetable and payment schedule, and be allowed the opportunity to participate in decisions related to consultant's services. All consultant agreements are contingent upon the consulting firm's ability to meet DISTRICT standards and requirements, and where applicable approval by the DISTRICT'S -8- 2 3 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2g 1'8/141799 Board of Supervisors. g. Support for Regional Programs. The COPERMTI'TEES shall jointly provide funding for certain regional efforts that benefit the Santa Margarita Region, including but not limited to: County Environmental Health's Compliance Assistance Program; the County Fire Department's 1lazardous Materials Team; County Environmental I-Iealth's household Hazardous Waste and Antifreeze, Batteries, Oil and Paint collection program; the DISTRICT'S membership with the California Stormwater Quality Association on behalf of COPERMITTEES; the DISTRICT'S administration of Principal Permittee duties, and other NPDES support activities as described in this Agreement, or as needed and agreed to by the COPERMITTEES. Where these programs are implemented countywide in support of other NPDES permit regions, the DISTRICT shall estimate the portion of the total cost of these regional programs that benefits the Santa Margarita Region. h. Regulation and Enforcement. COUNTY and CITIES shall be responsible for the regulation and enforcement of local ordinances and regulations within their respective jurisdictions to ensure compliance with the NPDES Permit, and to prevent pollutants originating from within their respective jurisdictions from being discharged into the jurisdiction of another Party in a manner which could cause that Party to violate the NPDES Permit. This includes the exercise of police powers and land use controls and the enforcement of ordinances that COUNTY or CITIES presently have adopted or may adopt in the future. -9- P81141799 3. Shared Costs. Costs for services to be performed in accordance with 2 Sections 2.c., 2.d., 2.e. and 2.f. of this Agreement shall he shared by the Parties in accordance 3 with the procedure specified below. In December of each year of this Agreement the DISTRICT 4 shall; 5 a, Estimate the costs of services specified in Sections 2.c., 2.d., 2.e. 6 of this Agreement and 2.f. for the upcoming fiscal year 7 ("ESTIMATED COSTS"); 8 b. Estimate the DISTRICT'S internal costs for developing, implementing and administering the NPDES program in the Santa Margarita Region as specified in 2.a. ("INTERNAL COSTS"); c. Estimate the revenues expected from the BENEFIT ASSESSMENT program ("ASSESSMENT REVENUES"); d. Determine actual costs for NPDES programs administered in the previous fiscal year; and e. Determine Credits or Debits ("CREDITS" or "DEBITS") due to COUNTY and CITIES based on the difference of the actual contributions from the previous fiscal year with the actual contributions provided by the COUNTY and CITIES for that fiscal year. By February 1.` of each year of this Agreement, the DISTRICT, CITIES and COUNTY, through a NPDES representative assigned by the General Manager -Chief Engineer, City Managers, and County Executive Office, respectively, shall approve, by majority vote, ESTIMATED COSTS for the upcoming fiscal year. 3.1 DISTRICT Contribution The DISTRICT contribution ("DISTRICT CONTRIBUTION") to programs specified in Sections 2.c., 2.d., 2.e., and 2.f. for the upcoming fiscal year shall he determined using the following formula: DISTRICT CONTRIBUTION ASSESSMENT REVENUES - 10 11 12 13 14 15 Iii 17 18 19 20 21 22 23 2. 25 26 27 28 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/11}799 INTERNAL COSTS - 20% ASSESSMEN"1' REVENUE. If the calculation yields a negative result, the DISTRICT shall have no contribution for the upcoming fiscal year other than the INTERNAL COSTS it has incurred. 3.2 COUNTY and CITIES Contribution The total shared COUNTY and CITIES contribution (the "COMBINED CONTRIBUTION") shall be determined using the following formula: COMBINED CONTRIBUTION == ESTIMATED COSTS - DISTRICT CONTRIBUTION. The COUNTY'S and individual CITIES' respective pro rata share of the COMBINED CONTRIBUTION ("INDIVIDUAI, CONTRIBUTION") shall be determined on the basis of an equally weighted average of population and Benefit Assessment Units within the Santa Margarita Region of Riverside County. More specifically, such percentage contribution shall be calculated as the equally weighted average of: (a) The population of COUNTY or individual CITIES within the Santa Margarita Region, divided by the total population of the COUNTY and CITIES in the Santa Margarita Region and; (b) The calculated number of Benefit Assessment Units ("BAU") for COUNTY or individual CIrIES, divided by the total BAU for COUNTY and individual CITIES. The INDIVIDUAL CONTRIBUTION shall be further adjusted by any CREDITS or DEBITS due from the previous fiscal year. The population of CI'T'IES shall be determined by the latest California State Department of Finance population figures issued in May of each year. COUNTY population shall be based on the most current Tax Rate Area ("TRA") information best fitting the Santa Margarita Region. The BAU count of COUNTY and CI'T'IES shall be estimated by comparing the most current TRA information best fitting the Santa Margarita Region with the Assessment t District retains 20% of assessment revenue as a reserve for District's administrative and program costs associated with the NPDES Permit pursuant to RCFC&WCE) Ordinance No. 14. -11- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/141799 Rolls from the current fiscal year's BENEFIT ASSESSMENT Engineer's Report. COUNTY and CITIES may generate credits toward payments due by providing labor or services in lieu of cash payments. DISTRICT shall determine value of labor or services based on ESTIMA'T'ED COSTS for the fiscal year. DISTRICT shall invoice COUNTY and CITIES for INDIVIDUAL, CONTRIBUTION at the beginning of each fiscal year and said invoice shall be due and payable by COUNTY and CITIES within 60 days of receipt of invoice from DISTRICT. The COMBINED CONTRIBUTION for COUNTY and CITIES shall not exceed $2,200,000 (two million, two hundred thousand dollars) annually under this Agreement. 4. Term of the Agreement. The term of this Agreement shall commence on the date of execution by the duly authorized representative of at least three of the five COPERMITTEES. The term of this Agreement shall extend for up to eighteen (18) months beyond the period of time in which the term of the NPDES Permit remains in valid force and effect, unless terminated prior to that date by agreement by all the Parties or withdrawal of all of the Parties in accordance with the terms of this Agreement. 5. Additional Parties. Any City which incorporates after the date of issuance of the NPDES Permit and/or after the commencement of this Agreement ("Prospective City") may file a written request with DISTRICT asking to be added as a Party. Upon receipt of such a request, DISTRICT shall solicit the approval or denial of the Parties. If a majority of the Parties, each having one, co -equal vote, approves the addition of the Prospective City, this Agreement shall be amended to reflect the addition, and the Prospective City shall thereafter become a Party under this Agreement. Upon execution of the Amended Agreement, the Prospective City shall be responsible for the shared costs discussed in Section 3 of this Agreement for the then -current budget year and any subsequent budget year. 6. Withdrawal from the Agreement. Any Party shall be eligible to withdraw from this Agreement after first giving 60 days written notice to the DISTRICT and the CRWQCB-SDR. The withdrawing Party shall agree in such notice to apply with the CRWQCB- SDR for a separate NPDES permit and to comply with all of the requirements established by -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/141799 CRWQCB-SDR. In addition, withdrawal shall constitute larfeiture of all of the withdrawing Party's already -paid share of the costs allocated pursuant to Section 3. The withdrawing Party shall be responsible for any lawfully assessed penalties as a consequence of its withdrawal. In addition, the withdrawing Party shall remain liable as an Indemnitor Party after the effective date of its withdrawal as described in Section 7 below. The cost allocations to the remaining Parties shall be recalculated in the following budget year. 7. Mutual indemnification. Each Party (hereafter "Indemnitor Party") shall indemnify, defend and hold harmless any other Party, together with that Party's employees, officers, managers, governing board members, counsel, representatives and agents (collectively "Indemnitee Parties"), from and against any and all damages, liabilities, losses, demands, lawsuits, orders, actions, causes of action, penalties, judgments, claims, costs and expenses (including reasonable attorneys' fees, including through all appeals) arising from or related to any violation of the NPDES Permit or this Agreement (collectively "Losses") to the extent caused by (i) by the acts or omissions of the Indemnitor Party and its employees, agents and representatives, (ii) discharges from the Indemnitor Party's jurisdictional area or facilities, and/or (iii) discharges from any MS4 owned or operated by the Indemnitor Party. The obligations of the Indemnitor Party set forth in this Section 7 are non-exelusive and are in addition to, and do not replace or modify, any other rights of action, whether at law or in equity, that any Party may have against another Party. Nothing in this Agreement shall limit the ability of any Party to seek any relief, legal or equitable, against any non -Party. The obligations set forth in this Section 7 shall survive the termination of this Agreement. as to all such acts, omissions or discharges as described in subparts (i) through (iii) hereinabove that occurred, or are alleged to have occurred, while a Party during the term of the Agreement up until such time that it is terminated. 8. Amendments to the Agreement. Except as provided in Section 5, this Agreement may only be amended by consent of all Parties. No amendment to this Agreement shall be effective unless it is in writing and signed by the duly authorized representatives of all Parties. -13- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1'8/141799 9. Authorized Signatories. The General Manager -Chief Engineer of DISTRICT, the Chief Executive Officer of COUNTY and the City Managers of CITIES (or their designees) shall be authorized to execute all documents and take all other procedural steps necessary to file for and obtain an NPDES permit(s) or amendments thereto. 10. Notices. All notices shall be deemed duly given when delivered by hand; or three (3) days after deposit in the U.S. Mail, postage prepaid. Notice to the Parties shall be sent to the publically advertised mailing address for the Party. 11. Governing Law and Severability. This Agreement shall be governed and construed in accordance with the laws of the State of California. If any provision or provisions of this Agreement shall be determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired hereby. 12. Consent to Waiver and Breach. No term or provision hereof shall be deemed waived and no breach excused, unless the waiver or breach is consented to in writing, and signed by the Party or Parties affected. Consent by any Party to a waiver or breach by any other Party shall not constitute consent to any different or subsequent waiver or breach. 13. Entire Agreement. This Agreement and the exhibits attached hereto constitute the entire agreement between the Parties with respect to the subject matter therein; all prior agreements, representations, statements, negotiations and undertakings are superseded hereby. 14. Execution in Counterparts. This Agreement may be executed and delivered in any number of counterparts or copies (counterparts) by the Parties. As each Party has signed and delivered at least one counterpart to the other Parties, each counterpart shall be deemed an original and, taken together, shall constitute one and the same Agreement, which shall be binding and effective as to the Parties. 15. Non -Waiver of Objections. The entry into, and the performance of this Agreement by the Parties shall not constitute, nor be construed as, any waiver of the COPERMIT"I EES` objection to any provisions of the NPDES Permit including, without -I4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P8/141799 limitation, any provisions identified in the Petition for Review filed by the COPCRMITT13ES with the SWRCB, or that provisions of the NPUES Permit constitute an unfunded State mandate without subvention of State funds. /// -15- 1 3 4 6 7 8 9 10 11 12 U 14 15 16 17 18 19 20 21 23 24 2� P8/141799 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the dates set forth below. RECOMMENDE 'EO PROVA By e GLS L........v- WARREN D. WILLIAMS General Manager -Chief Engineer Dated: APPROVED AS TO FORM: PAMELA J. WALLS Count .ounsel By 1 CL,1,(41 Lttj KARIN WATTS-BAZAN Principal Deputy County Counsel c Dated: RECOMMENDED FOR APPROVAL: By LARRY PARRISH Interim County Executive Officer Dated: JU:AMM:cw 26 11/03/11 27 2g RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT B•'ri MARIO1 ASHLEY, Chairman Riverside County Flood Control and Water Conservation District Board of Supervisors ATTEST: KECIA HARPER-IHEM Clerk tot e Board By /1 4,R/'t `f Deputy (SEAL) COUNTY OF RIVERSIDE By BOB BUSTER, Chairman Riverside County Board of Supervisors ATTEST: KECIA HARPER-IHEM Clerk to the Board By Deputy (SEAL) -16- DEC 0 6 2011 /, r' P8/141799 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the dates set forth below. RECOMMENDED FOR APPROVAL: By WARREN D. WILLIAMS General Manager -Chief Engineer Dated: APPROVED AS TO FORM: By '— PAMELA J. WALLS County Counsel Dated: RECOMMENDED FOR APPROVAL: Dated: WHEN DOCUMENT IS FULLY EXECUTED RETURN CLARK'S COPY to Riverside County Clerk ei dle Board, Stop 1010 Post Office Box 1147, Riverside, Ca 92502-1147 Thank you. JU:AMM:cw 11/03/11 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By MARION ASHLEY, Chairman Riverside County Flood Control and Water Conservation District Board of Supervisors ATTEST: KECIA HARPER -THEM Clerk to the Board By Deputy (SEAL) COUNTY OF RIVERSIDE By ,404 BOB BUSTER, Chairman Riverside County Board of Supervisors ATTEST: KECIA HARPER-IHEM Clerk to the Board By 1e•uty (SEAL) blvsk -16- ncr n a nit z / i APPROVED AS TO FORM: CITY OF TEMECULA By % By /` _ Peter M. Thorson, City Attorney Chuck Washington, Ma or ATTEST: f Sn W Jones, MN C, Cit fv Clerk Dated: -17- lo 112- PS/141799 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPROVED AS TO FORM: By .� City Attorney e t s P8/141799 CITY OF MURRIETA ATTEST: \ ByCik Dated: C n ui.0.r 7, ao i r� City Clem -18- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPROVED AS TO FORM: CITY OF WILDOMAR By f+ ' By City Attorney' Mayor o' -f-;044',-7,1,, 1 ATTEST: By f�. City Clerk Dated: -19- P8/141799 WARREN D. WILLIAMS General Manager -Chief Engineer RECEIVED 1995 MARKET STREET FEB 2 0 2014 RIVERSIDE, CA 92501 951.955.1200 CITY MANAGER' E, FAX 951.788.9965 OFFICE www.rcflood.org RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT February 20, 2014 Mr. Aaron Adams, City Manager City of Temecula Post Office Box 9033 Temecula, CA 92589-9033 Attention: Aldo Licitra Dear Mr. Adams: Re: FY 2013-14 Cost -Sharing Reimbursement Regional Costs for Santa Margarita NPDES Municipal Stormwater Permit In compliance with the Santa Margarita River Watershed NPDES Permit adopted by the San Diego Regional Water Quality Control Board on November 10, 2011 as Order No. R9-2010-0016 (NPDES No. CAS0108766) and in accordance with the Implementation Agreement (IA) adopted by the County, District, and Cities of Murrieta, Temecula and Wildomar (Permittees) on January 19, 2012, a cost-sharing provision between the Permittees was established. Per the IA, Item 3 "Shared Costs" provides for annual cost-sharing of estimated regional program costs ("Estimated Costs"), with the "Combined Contribution" from the County and Cities not to exceed $2,200,000 annually. The District has determined the "Estimated Costs" for the period of July 2013 through June 2014 to be $1,639,280 with a "Combined Contribution" total of $600,205.65 after calculation of prior year credits and/or debits. Per the calculations and the attached invoice, your Agency's contribution is $213,682.16. Therefore, please remit $213,682.16 as payment for the full amount and mail to the following address. Please note that payment is due within 60 days of receipt of invoice. Riverside County Flood Control & Water Conservation District 1995 Market Street Riverside, California 9/501-1770 Attention: Accounts Receivable Re: FY 2013-14 Cost -Sharing Reimbursement Regional Program Costs for Santa Margarita NPDES Permit The District appreciates your continued cooperation with this important program. If you have any questions concerning this matter, please feel free to call Jason Uhley at 951.955,1273 or David Garcia at 951 5'.1330. Very truly y WARREN D. WILLIAMS General Manager -Chief Engineer Attachments: Table and Invoice ec: Santa Margarita NPDES Permit Representatives (via e-mail) JU:cw P8/158586 SANTA MARGARITA RIVER WATERSHED CO -PERMITTEE COST-SHARING FOR REGIONAL NPDES PROGRAM COSTS FISCAL YEAR 2013-2014 AGENCY FY 2013/14 County $137,841.87 Murrieta $196,446.74 Temecula $213,682,16 Wildomar $52,234.87 Totals: $600,205.65 MAW CHF (CFC PAYABLE TO F'tI 1I IL F COUNTY FLOOD CONTROL. AND WATER CONSERVATION DISTRICT 9395 MARKET STREET RIVERSIDE, CA 92501 CITY OF TEMECULA P.O. BOX 9033 TEMECULA CA 92589-9033 County of Riverside INVOICE For billing questions, please call 951-955-1245 Line Adj Identifier Description 1 Page: Invoice No: Invoice Date: Customer Number: Payment Terms: Due Date: Contact Person: Inquiry Number: 1 FC0000014220 02/10/2014 FC -000576 30 Days 03/12/2014 Flood Control Accounts Receive 951-955-1245 Quantity UOM Unit Amt Net Amount FY13/14 COST SHARING 1.0000 EA CUSTOMER NOTE: CONSULTANT SERVICES FOR SANTA MARGARITA NPDES MUNICIPAL STORMWATER PERMIT 679 R9922 / 8-9-00980 SUBTOTAL: 213,682.16 213,682.16 213,682.16 TOTAL AMOUNT DUE 213,682.16 Please Remit To: Flood-Accounting-Rvrsd Requestor Flood Control Accounting 1995 Market St Riverside CA 92501 United States ATTN: FC -A/R STANDARD Invoice No: Invoice Date: Customer Number: AMOUNT DUE: Enclosed: FC0000014220 02/10/2014 FC -000576 213,682.16 Original Item No. 14 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Assistant City Manager Peter M. Thorson, City Attorney DATE: March 25, 2014 SUBJECT: City Consent for Professional Hospital Supply to Transfer the 2007 Operating Covenant Agreement to Medline Industries RECOMMENDATION: That the City Council approve the "Consent to Transfer" agreement providing for the transfer of Professional Hospital Supplies' rights and obligations under the Operating Covenant Agreement, dated September 25, 2007, between the City and PHS, to Medline Industries, as part of Medline's acquisition of PHS, and authorize the Mayor to execute the Consent to Transfer on behalf of the City. BACKGROUND: On September 27, 2007 the City and Professional Hospital Supply ("PHS") entered into the "Operating Covenant Agreement." The Operating Covenant allowed PHS to defer up to $2 million of PHS' development fees for the construction of its 602,000 square foot facility on Winchester Road. In consideration of the deferral, PHS is required to maintain the "Transaction Point" for all "Taxable Sales" by the "PHS Business" in the City of Temecula during the "Transaction Point Maintenance Period" of July 1, 2007 to June 30, 2015. This means that all taxable sales from PHS' facility on Winchester Road must be credited to the City of Temecula during this period. On February 3, 2014, PHS and Medline Industries, Inc. ("Medline") announced that Medline will acquire PHS under a stock purchase agreement. Medline is a national medical equipment and supply company with a business very similar to PHS' business. The City's Operating Covenant with PHS requires the City Council to consent to the transfer of PHS' rights and obligations under the Operating Covenant. FISCAL IMPACT: None. The terms of the Operating Covenant will not change when Medline acquires PHS. ATTACHMENTS: 1. Consent to Transfer 2. Operating Covenant Agreement, dated September 27, 2007 CONSENT TO TRANSFER THIS CONSENT TO TRANSFER (this "Consent") is made and entered into as of the 25th day of March, 2014 by and between PROFESSIONAL HOSPITAL SUPPLY, INC., a California corporation ("PHS") and the CITY OF TEMECULA, a California municipal corporation and general law city (the "City"). RECITALS A. Pursuant to that certain Operating Covenant Agreement (the "Operating Covenant Agreement"), dated as of September 25, 2007, between PHS and the City, the written consent of the City is required prior to the sale of ownership interests in PHS. Unless otherwise defined in this Consent, capitalized terms used in this Consent shall have the same meanings given such terms in the Operating Covenant Agreement. B. Pursuant to that certain Stock Purchase Agreement, dated as of January 21, 2014, certain owners of issued and outstanding shares of capital stock of PHS sold said shares to Medline Industries, Inc., an Illinois corporation (the "Transfer"). C. PHS desires that the City provide its consent to the Transfer, in satisfaction of the requirements of the Operating Covenant Agreement. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, PHS and the City hereby agree as follows: 1. Reaffirmation of Obligations. Pursuant to Section 14 of the Operating Covenant Agreement, PHS reaffirms its obligation to operate a lawful business generating Taxable Sales from the Temecula Facility and to fulfil its obligations under the Operating Covenant Agreement. 2. Consent. The City hereby (i) consents to the Transfer, in satisfaction of the applicable requirements of the Operating Covenant Agreement, and waives any rights or remedies it may have as a result of said consent not being obtained prior to the Transfer, and (ii) agrees that the Operating Covenant Agreement shall remain in full force and effect following consummation of the Transfer and shall be binding upon, and shall inure to the benefit of, PHS. Except as contemplated hereby, nothing in this Consent shall release PHS from any liability to the City under the Operating Covenant Agreement or otherwise modify the terms of the Operating Covenant Agreement. 3. Miscellaneous. This Consent shall be binding upon, and shall inure to the benefit of, the City, PHS and their respective successors and permitted assigns. Any facsimile copy, other copy or reproduction of a signed counterpart original of this Consent shall be as fully effective and binding as the original signed counterpart of the Consent. -1- IN WITNESS WHEREOF, the City and PHS have executed this Consent as of the date first above written. PHS: PROFESSIONAL HOSPITAL SUPPLY, INC., a California corporation By: Name: Title: By: Name: Title: CITY: CITY OF TEMECULA, INC., a California municipal corporation and general law city Maryann Edwards, Mayor Attest: Gwyn R. Flores, CMC Acting City Clerk Approved as to form: Peter M. Thorson, City Attorney -2- OPERATING COVENANT AGREEMENT (Professional Hospital Supply) by and between the CITY OF TEMECULA, a California municipal corporation and general law city, and PROFESSIONAL HOSPITAL SUPPLY, INC., Dated as of September 25, 2007 for reference purposes only. 11686-01471997716v3.doc CITY OF TEMECULA OPERATING COVENANT AGREEMENT (Professional Hospital Supply) THIS OPERATING COVENANT AGREEMENT (Professional Hospital Supply) (this "Agreement") is entered into by and between the CITY OF TEMECULA, a California municipal corporation and general law city (the "City"), and PROFESSIONAL HOSPITAL SUPPLY, INC., a California corporation ("PHS"). This Agreement is dated as of September 25, 2007, for reference purposes only (the "Reference Date"). RECITALS The City and PHS enter into this Agreement with reference to the following recited facts (each a "Recital"): A. PHS is a California corporation licensed to do business in this state and is engaged in the commercial business of supplying, packaging, manufacturing, distributing, and delivering medical and surgical supplies. PHS currently services the southern California market area from facilities located in the City at 41980 Winchester Road, 41995 Zevo Drive, and 43225 Business Park Drive and, at which it employs 1,100 persons, and from which it generates substantial sales tax revenue for the City. B. As part of PHS's ongoing efforts to expand its operations in southern California, it plans to relocate its operations to a new facility ("Temecula Facility") to be built on approximately 32 acres within the City, generally located at the corner of Winchester Road and Dendy Parkway, pursuant to a Development Agreement between the City and Temecula Properties LLC ("Developer"), dated as of October 9, 2007. The estimated cost of the Temecula Facility is $59,000,000. C. PHS expects to employ an additional approximately 300 persons at the Temecula facilities over the next five (5) years above and beyond those persons it currently employs in the City. D. PHS and the City desire to provide for PHS' continued operation of its business within the City. E. The City Council finds and determines that performance of the City's obligations under this Agreement and the undertakings of PHS required by this Agreement will promote the public health, safety, and welfare of the citizens of the City and will be of substantial economic benefit to the City as the Agreement will: (1) generate new short term and long term quality employment opportunities within the City; (2) generate new tax revenues that will assist the City in funding public services for the residents and businesses within the City; (3) preserve and enhance the job/housing balance described in the City's General Plan and various regional plans; (4) develop new and expanded commercial and business facilities; (5) expand and enhance the City's tax base through increased property values and consumer purchasing; and (6) promote the stability and diversification of the City's economy. 11086-01471997716v3.doc F. This Agreement places no obligation on the City beyond the year of its execution unless and until: (1) PHS or the Developer become obligated to pay any Development Impact Fee related to the Temecula Facility, and (2) PHS continues in business and maintains its Transaction Point for all PHS Business in the State of California within the City. G. This Agreement is a contract within the meaning of Section 53511(a) of the California Government Code and therefore subject to a validation action pursuant to Section 860 of the California Code of Civil Procedure. AGREEMENT NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES SET FORTH IN THIS AGREEMENT, THE CITY AND PHS AGREE, AS FOLLOWS: 1. Definitions. All initially capitalized terms used in this Agreement shall have the meanings set forth in this Section 1 or, if not set forth in this Section 1, where such terms first appear in this Agreement, unless the context of usage requires another meaning. 1.1 "Actual City Damages" means, following a Default by PHS under Section 3 of this Agreement, an amount determined by subtracting the Taxable Sales Revenue from the Maximum City Damages. 1.2 "Affiliate" of any Person means any other Person Controlling or Controlled by or under common Control with the Person. "Affiliated" shall have the correlative meaning. 1.3 "Annual Report" means a written report stating the PHS Taxable Sales for a particular Operating Year. 1.4 "Annual Report Date" means the date that is ninety (90) days following the last day of the immediately preceding Operating Year. 1.5 "City" means the City of Temecula, a California municipal corporation and general law city. 1.6 "City Manager" means the City Manager of the City or his or her designee or successor in function. 1.7 "City Parties" means, collectively, the City, its elected officials, employees, attorneys, and other agents. 1.8 "City Party" means, individually, the City, its elected officials, employees, attorneys, or other agents. 1.9 "Control" means possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether by ownership of Equity Interests, by contract, or otherwise. 1.10 "Controlling" and "Controlled" mean exercising or having Control. -2- 11086-01471997716v3.doc 1.11 "Default" is defined in Section 8. 1.12 "Damages Calculation Date" means, with the respect to the calculation of Actual City Damages upon PHS's or its transferee's relocation of the Transaction Point outside of the City prior to the expiration of the Transaction Point Maintenance Period, the date of such relocation. 1.13 "Developer" means Temecula Properties LLC, a California limited liability company. 1.14 "Development Agreement" means that certain development agreement between the City of Temecula and Temecula Properties LLC dated as of September 25, 2007, 2007. 1.15 "Development Fees" means those development impact fees and other fees and charges imposed by the City against PHS or the Developer in connection with the issuance of permits, entitlements and other approvals required in connection with the development and operation of the Temecula Facility, including application fees, inspection fees, building permit fees, and capital facilities fees. 1.16 "Effective Date" is defined in Section 2.1. 1.17 "Equity Interest" means all or any part of any direct or indirect equity or ownership interest(s) (whether stock, partnership interest, beneficial interest in a trust, membership interest in a limited liability company, or other interest of an ownership or equity nature) in any entity, at any tier of ownership, that directly or indirectly owns or holds any ownership or equity interest in a Person. 1.18 "Federal" means of or related to the government of the United States of America. 1.19 "Fee Deferral" means the postponement of any obligation that PHS has to pay Development Fees for the Temecula Facility in accordance with Section 4.1 of this Agreement. 1.20 "Fee Forgiveness" means the City's forgiveness of any obligation that PHS has to pay deferred Development Fees in accordance with Section 4.3 of this Agreement. 1.21 "Indemnify" means, where this Agreement states that any Indemnitor shall "indemnify" any Indemnitee from, against, or for a particular matter, that the Indemnitor shall indemnify the Indemnitee and defend and hold the Indemnitee harmless from and against any and all loss, cost, claims, liability, penalties, judgments, damages, and other injury, detriment, or expense (including reasonable attorney fees, interest and penalties) that the Indemnitee suffers or incurs: (a) from, as a result of, or on account of the particular matter; or (b) in enforcing the Indemnitor's indemnity obligation. 1.22 "Indemnitee" means any Person entitled to be Indemnified under this Agreement and its agents, directors, employees, shareholders, officers and elected officials. 1.23 "Indemnitor" means a Party that agrees to Indemnify any other Person. -3- 11086-01471997716v3.doc 1.24 "Maximum City Damages" means an amount determined by multiplying five (5) times the then -current amount of the Fee Deferral as of the Damages Calculation Date. 1.25 "Negotiation Period" means the forty-five (45) day period commencing on the effective date of any Notice of dispute given pursuant to Section 5.2(a). 1.26 "Notice" means any approval, consent, demand, designation, election, notice, or request relating to this Agreement, including any Notice of Default or termination of this Agreement. Notices shall be delivered, and shall become effective, only in accordance with Section 17. 1.27 "Notify" means give a Notice. 1.28 "Operating Year" means each twelve (12) month period during the Transaction Point Maintenance Period commencing on each July 1 and ending on each June 30 of the following calendar year, with the first Operating Year commencing on July 1, 2007 and ending on June 30, 2008. The first Operating Year is sometimes referred to as "Operating Year 1," with each succeeding Operating Year, thereafter, being consecutively numbered, concluding with a maximum of "Operating Year 8." 1.29 "Outside Effective Date" means November 1, 2007. 1.30 "Parties" means, collectively, PHS and the City. 1.31 "Party" means, individually, PHS or the City, as applicable. 1.32 "Person" means any association, corporation, governmental entity or agency, individual, joint venture, joint-stock company, limited liability company, partnership, trust, unincorporated organization or other entity of any kind. 1.33 "PHS" means Professional Hospital Supply, Inc., a California corporation, its Affiliates and its successors, assigns and transferees of either the PHS Business or the Temecula Facility. 1.34 "PHS Business" means the business of supplying, packaging, manufacturing, distributing, and delivering medical and surgical supplies by PHS or such other business as may be lawfully conducted in the Temecula Facility and which generates Taxable Sales. 1.35 "PHS Parties" means, collectively, PHS, its Affiliates, shareholders, members, partners, directors, officers, employees, attorneys or other agents. 1.36 "PHS Party" means, individually, PHS, its Affiliates, shareholders, members, partners, directors, officers, employees, attorneys, or other agents. 1.37 "PHS Taxable Sales" means all Taxable Sales generated from the operation of the PHS Business for which the Transaction Point is within the City. 1.38 "State" means the State of California. 11086-01471997716v3.doc 1.39 "Taxable Sale" means any transaction subject to imposition of sales or use tax pursuant to the Bradley -Bums Uniform Sales and Use Tax Law (commencing with Section 7200 of the California Revenue and Taxation Code), or any successor law. 1.40 "Taxable Sales Generation" means, with respect to the calculation of Actual City Damages, the aggregate amount of PHS Taxable Sales generated by PHS or its transferee(s) from and after July 1, 2007 through the Damages Calculation Date. 1.41 "Taxable Sales Revenue" means an amount determined by multiplying the Taxable Sales Generation by 1% (.01). 1.42 "Temecula Facility" means that certain office and distribution facility of approximately 602,000 square feet to be developed at 42500 Winchester Road, Temecula, California, 92590 for use by PHS. 1.43 "Transaction Point" means the physical location that, for the purposes of allocation of sales or use tax revenues to taxing entities from a PHS Taxable Sales transaction, is the place where the subject personal property is determined to have been sold or first functionally used, as applicable, pursuant to the Bradley Bums Uniform Local Sales and Use Tax Law (Revenue and Taxations Code Sections 7200, et seq.), and the associated regulations at Title 18 California Code of Regulations Sections 1800, et seq., as such laws or regulations may be amended from time to. time. 1.44 "Transaction Point Maintenance Period" is July 1, 2007 to June 30, 2015. 1.45 "Transfer" of any right, obligation or property means any of the following, whether by operation of law or otherwise, whether voluntary or involuntary, and whether direct or indirect: (a) any assignment, conveyance, grant, hypothecation, mortgage, pledge, sale, or other transfer, whether direct or indirect, of all or any part of such right, obligation or property, or of any legal, beneficial, or equitable interest or estate in such right, obligation or property or any part of it (including the grant of any easement, lien, or other encumbrance); (b) any conversion, exchange, issuance, modification, reallocation, sale, or other transfer of any direct or indirect Equity Interest(s) in the owner of such right, obligation or property by the holders of such Equity Interest(s); (c) any transaction described in "b" affecting any Equity Interest(s) or any other interest in such right, obligation or property or in any such owner (or in any other direct or indirect owner at any higher tier of ownership) through any manner or means whatsoever; or (d) any transaction that is in substance equivalent to any of the foregoing. A transaction affecting Equity Interests, as referred to in clauses "b" through "d," shall be deemed a Transfer by a Person even though that Person is not technically the transferor. A "Transfer" shall not, however, include any of the foregoing (provided that the other Party to this Assignment has received Notice thereof) relating to any Equity Interest: (a) that constitutes a mere change in form of ownership with no material change in beneficial ownership and constitutes a tax-free transaction under Federal income tax law and the State real estate transfer tax; (b) to member(s) of the immediate family(ies) of the transferor(s) or trusts for their benefit; or (c) to any Person that, as of the Effective Date, holds an Equity Interest in the Person whose Equity Interest is being transferred. 11086-01471997716v3.doc 1.46 "Unavoidable Delay" means a delay in either Party performing any of its obligations under this Agreement, except payment of money, arising from or on account of any cause whatsoever beyond the Party's reasonable control, despite such Party's reasonable diligent efforts, including industry -wide strikes, labor troubles or other union activities (but only to the extent such actions do not result from the negligence or willful misconduct of the Party), casualty, war, acts of terrorism or riots. Unavoidable Delay shall not include delay caused by a Party's financial condition, illiquidity, or insolvency. 2. Effective Date. 2.1 Definition. This Agreement shall not become binding on either Party, unless and until the first date on which all of the following occur, if at all (the "Effective Date"): (a) Execution and Delivery of Agreement by PHS. This Agreement is executed by PHS and delivered to the City; (b) Approval of Agreement by City Council. This Agreement is approved by the City Council of the City at a public meeting of the City Council, following all legally required notices and hearings, and such approval is evidenced by a resolution duly adopted by the City Council of the City; and (c) Execution and Delivery of Agreement by City. This Agreement is executed by the authorized representative(s) of the City and delivered to PHS. 2.2 Termination on Failure to Occur. If all of the conditions precedent to the Effective Date set forth in Section 2.1 are not satisfied on or before the Outside Effective Date, then no part of this Agreement shall become binding on or enforceable against either Party and any prior signatures or approvals of this Agreement by either the City or PHS shall be void and of no further force or effect. 3. Operation Covenant. PHS covenants to the City to maintain, or to cause to be maintained, the Transaction Point for all Taxable Sales by the PHS Business to points within the State of California in the City continuously throughout the Transaction Point Maintenance Period. 4. Development Impact Fee Deferral and Forgiveness. 4.1 Fee Deferral. Following the Effective Date, whenever in a given Operating Year, PHS or the Developer becomes obligated to pay any Development Fees for the Temecula Facility, the City shall defer such obligation until the first day of the subsequent Operating Year. If on the first day of a given Operating Year, the Transaction Point for all Taxable Sales by the PHS Business within the State of California is in the City and has been so for the entirety of the preceding Operating Year, then the City shall defer any and all previously deferred obligation for an additional year. The maximum total amount that may be deferred in this manner is Two Million Dollars ($2,000,000). Notwithstanding anything in this Section to the contrary, no Development Fee obligation shall be deferred past the first day after the end of Operating Year 8, at which time the deferred fees shall be forgiven as provided in Section 4.3. -6- 11086-01471997716v3.doc 4.2 Fee Reimbursement. If prior to the Effective Date the Developer or PHS pays any Development Impact Fees for the Temecula Facility that would have been subject to the Fee Deferral had it come due after the Effective Date, the City shall reimburse the amount of any such payment in full to the Developer or PHS, as applicable, within thirty (30) days following the Effective Date, and any amount so reimbursed shall be counted towards the maximum amount of the Fee Deferral. 4.3 Fee Forgiveness. If PHS maintains or causes to be maintained the Transaction Point in the City for the entirety of the Transaction Point Maintenance Period, or pays the Actual City Damages pursuant to Section 9, the City shall forgive any obligation of PHS or any other party to pay any and all Development Fees that have been deferred pursuant to this Agreement. 5. Annual Reports. 5.1 Reporting. On or before each Annual Report Date, PHS shall deliver the applicable Annual Report to the City. 5.2 Dispute Resolution. (a) Negotiation Period. Within thirty (30) days following the earlier of: (i) the City's receipt of the Annual Report for a particular Operating Year; or (ii) the Annual Report Date for such Operating Year, the City may give Notice of any dispute regarding the amount of PHS Taxable Sales reported by PHS in the Annual Report for the particular Operating Year. Any such Notice of dispute shall state all bases for the City's disagreement with the Annual Report, in detail. Any grounds for disagreement not stated in such Notice shall be waived. If the City does not give Notice of a dispute regarding the amount of PHS Taxable Sales reported by PHS in the Annual Report for the particular Operating Year within thirty (30) days following the applicable Annual Report Date, the City shall have waived any objection to the amount of PHS Taxable Sales reported by PHS for the particular Operating Year. If the City gives Notice of its objection to an Annual Report, the Parties shall immediately commence good -faith negotiations to resolve the dispute(s) stated in the Notice. The Parties shall continue such negotiations until the earlier of: (1) the end of the Negotiation Period; or (2) the dispute is resolved by a written agreement between the Parties. Notwithstanding any other part of this Section 5, the Parties may agree in writing to extend the duration of the Negotiation Period for any amount of time. (b) ARBITRATION OF DISPUTES. ANY DISPUTE RELATING TO THE AMOUNT OF PHS TAXABLE SALES REPORTED BY PHS IN AN ANNUAL REPORT FOR A PARTICULAR OPERATING YEAR SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, WHICH SHALL BE COMMENCED WITHIN SIXTY (60) DAYS FOLLOWING THE END OF THE APPLICABLE NEGOTIATION PERIOD. WITHIN FIFTEEN (15) DAYS AFTER THE COMMENCEMENT OF ARBITRATION, EACH PARTY SHALL SELECT ONE PERSON TO ACT AS AN ARBITRATOR. THE TWO SELECTED ARBITRATORS SHALL SELECT A THIRD ARBITRATOR, WITHIN TEN (10) DAYS FOLLOWING THEIR APPOINTMENT. IF EITHER PARTY FAILS TO SELECT AN ARBITRATOR, THEN THE ARBITRATOR SELECTED BY THE OTHER PARTY SHALL ARBITRATE THE DISPUTE, WITHOUT -7- 11086-01471997716v3.doc ANY OTHER ARBITRATOR. IF THE ARBITRATORS SELECTED BY THE PARTIES ARE UNABLE TO OR FAIL TO AGREE UPON A THIRD ARBITRATOR, THE THIRD ARBITRATOR SHALL BE SELECTED BY THE AMERICAN ARBITRATION ASSOCIATION. EACH ARBITRATOR SHALL BE A MEMBER OF THE STATE BAR OF CALIFORNIA, ACTIVELY ENGAGED IN THE PRACTICE OF LAW FOR AT LEAST TEN (10) YEARS, OR A RETIRED JUDGE OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA. THE PLACE OF ARBITRATION SHALL BE THE CITY OF TEMECULA, CALIFORNIA. EACH PARTY SHALL SUBMIT TO THE ARBITRATOR(S) AND EXCHANGE WITH EACH OTHER, IN ADVANCE OF THE ARBITRATION HEARING, THEIR LAST, BEST OFFERS. THE ARBITRATOR(S) SHALL BE LIMITED TO AWARDING ONLY ONE OR THE OTHER OF THE TWO FIGURES SUBMITTED. EACH PARTY SHALL BEAR ITS OWN COSTS AND EXPENSES AND AN EQUAL SHARE OF THE ARBITRATOR(S)' AND ADMINISTRATIVE FEES OF ARBITRATION. THE PARTIES SHALL HAVE THE RIGHTS OF DISCOVERY PROVIDED FOR IN CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1283.05, WHICH IS INCORPORATED INTO THIS AGREEMENT BY THIS REFERENCE. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT OR RESULTS OF ANY ARBITRATION UNDER THIS AGREEMENT, WITHOUT THE PRIOR WRITTEN CONSENT OF BOTH PARTIES. THE DECISION OF THE ARBITRATOR(S) SHALL BE BINDING ON BOTH PARTIES AND NO APPEAL OR OTHER SUBSEQUENT LEGAL PROCEEDING OR ACTION SHALL BE TAKEN BY EITHER PARTY REGARDING SUCH DECISION OR AWARD. (c) ARBITRATION NOTICE. NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED 1N THIS `ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE `ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. (d) ARBITRATION CONSENT. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE `ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION. INITIALS OF HORIZED CITY ITIALS O UTIORIZED PHS REPRESE '1'ATIVE(S) REPRESENTATIVE(S) -8- 11086-01471997716v3.doc 6. Adequate Consideration. 6.1 Exchange of Consideration. The Parties have determined and agreed that: (i) the Fee Deferral and Fee Forgiveness represents fair consideration to PHS for entering into and performing its covenants and other obligations under this Agreement; and (ii) that PHS' performance of its covenants and other obligations under this Agreement represent fair consideration to the City for the Fee Deferral and Fee Forgiveness and performance of the City's other obligations under this Agreement. 6.2 No Unstated Consideration. Both Parties acknowledge and agree that neither Party will receive any compensation under this Agreement other than expressly set forth in this Agreement. Neither Party shall be entitled to any reimbursement or other compensation from the other Party for any costs incurred by such Party in performing or preparing to perform its covenants or other obligations under this Agreement. 7. Cooperation. 7.1 Permits and Authorizations. The City agrees to process all applications to the City by PHS or the Developer for authorizations, consents, permits or Approvals regarding use or development of the Temecula Facility in an expeditious manner. The City shall not charge additional fees relating to expeditious processing of such applications. The City further agrees to reasonably cooperate with PHS and/or the Developer, at no cost to the City, in securing any County, State, Federal permits, authorizations or consents that may be required regarding use or development of the Temecula Facility. The cooperation obligations of the City under this Section 7.1 shall not require the City to make any economic contribution or incur any material cost or expense. 7.2 Industrial Development Bonds. If requested by PHS, the City agrees to reasonably cooperate with PHS or the Developer regarding the issuance of industrial development bonds, as may be allowed by State or Federal law. 7.3 Timing. The agreements and obligations of the City under this Section 8 shall not be limited to the Transaction Point Maintenance Period, but shall continue as long as the PHS Business is located within the City. 8. Defaults. Subject to any extensions of time provided for in this Agreement for Unavoidable Delay, the occurrence of any of the following events shall constitute a "Default": 8.1 Monetary Default. The failure by any Party to perform any obligation of such Party under this Agreement for the payment of money, if such failure is not cured within fifteen (15) days after the non-performing Party's receipt of Notice from the injured Party that such obligation was not performed, as and when due; or 8.2 Non -Monetary Default. The failure by any Party to perform any of its obligations set forth in this Agreement, other than obligations subject to Section 8.1 if such failure is not cured within thirty (30) days after the non-performing Party's receipt of Notice from the injured Party that such obligation was not performed, as and when due, or, if such failure is of a nature that cannot reasonably be cured within thirty (30) days, the failure by such -9- 1.1086-0147'997716v3.doc Party to commence such cure within thirty (30) days after receipt of such Notice and to, thereafter, diligently prosecute such cure to completion. 9. City Damages for PHS's Breach of Section 3 Obligation. 9.1 Subject to the Notice and opportunity to cure requirements of Section 8 and notwithstanding any other provision of this Agreement to the contrary, as its sole and exclusive remedy for PHS's Default of its obligation under Section 3 of this Agreement, the City shall receive from PHS an amount equal to the Actual City Damages computed as of the Damages Calculation Date. An illustration of the calculation of Actual City Damages, using hypothetical amounts, is attached hereto as Exhibit "A". 9.2 Waiver. THE CITY ACKNOWLEDGES THAT IT IS AWARE OF THE MEANING AND LEGAL EFFECT OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. 9.3 Intent to Limit Remedies. CALIFORNIA CIVIL CODE SECTION 1542 NOTWITHSTANDING, IT IS THE INTENTION OF THE CITY TO BE BOUND BY THE LIMITATION ON DAMAGES AND REMEDIES SET FORTH IN THIS SECTION 9, AND THE CITY HEREBY WAIVES AND RELEASES ANY AND ALL OTHER CLAIMS AGAINST PHS FOR MONETARY DAMAGES OR OTHER LEGAL OR EQUITABLE RELIEF RELATED TO ANY DEFAULT OR BREACH OF THIS AGREEMENT BY PHS, EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 9.1, WHETHER OR NOT ANY SUCH WAIVED OR RELEASED CLAIMS WERE KNOWN OR UNKNOWN TO THE CITY AS OF THE EFFECTIVE DATE OF THIS AGREEMENT. THE CITY WAIVES THE BENEFITS OF CALIFORNIA CIVIL CODE SECTION 1542 AND ALL OTHER STATUTES AND JUDICIAL DECISIONS (WHETHER STATE OR FEDERAL) OF SIMILAR EFFECT WITH REGARD TO THE LIMITATIONS ON DAMAGES AND REMEDIES AND WAIVERS AND RELEASES OF ANY SUCH DAMAGES AND REMEDIES CONTAINED IN THIS SECTION 9. INITIALS OF AUORIZED CITY REPRESEN AT1VE(S) 10. PHS' Remedy. 10.1 Recovery of Fee Waiver. Subject to the Notice and opportunity to cure requirements of Section 8 and notwithstanding any other provision of this Agreement to the contrary, PHS' sole and exclusive remedy regarding a Default by the City of its obligations concerning the Fee Deferral or Fee Forgiveness shall be (i) recovery of an amount in monetary damages equal to the Development Fees for which it or the Developer is actually liable in -10- 11086-01471997716v3.doc connection with the Temecula Facility, up to a maximum amount of Two Million Dollars ($2,000,000) and/or (ii) or a judicial declaration of PHS's right to such Fee Deferral or Fee Forgiveness. 10.2 Waiver. PHS ACKNOWLEDGES THAT IT IS AWARE OF THE MEANING AND LEGAL EFFECT OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. 10.3 Intent to Limit Remedies. CALIFORNIA CIVIL CODE SECTION 1542 NOTWITHSTANDING, IT IS THE INTENTION OF PHS TO BE BOUND BY THE LIMITATION ON DAMAGES AND REMEDIES SET FORTH IN THIS SECTION 10, AND PHS HEREBY WAIVES AND RELEASES ANY AND ALL OTHER CLAIMS AGAINST THE CITY FOR MONETARY DAMAGES OR OTHER LEGAL OR EQUITABLE RELIEF RELATED TO ANY DEFAULT OR BREACH OF THIS AGREEMENT BY THE CITY, EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 10.1, WHETHER OR NOT ANY SUCH WAIVED OR RELEASED CLAIMS WERE KNOWN OR UNKNOWN TO PHS AS OF THE EFFECTIVE DATE OF THIS AGREEMENT. PHS WAIVES THE BENEFITS OF CALIFORNIA CIVIL CODE SECTION 1542 AND ALL OTHER STATUTES AND JUDICIAL DECISIONS (WHETHER STATE OR FEDERAL) OF SIMILAR EFFECT WITH REGARD TO THE LIMITATIONS ON DAMAGES AND REMEDIES AND WAIVERS AND RELEASES OF ANY SUCH DAMAGES AND REMEDIES CONTAINED IN THIS SECTION 10. IN1I'IA' LS OF • H • RIZED PHS REPRESENTATIVE(S) 11. Indemnification. 11.1 Obligations. PHS shall Indemnify the City Parties against any wrongful intentional act or negligence of the PHS Parties relating to performance of this Agreement. The City shall Indemnify the PHS Parties against any wrongful intentional act or negligence of the City Parties relating to performance of this Agreement. 11.2 Indenmitee Negligence. Notwithstanding anything to the contrary in this Agreement, no Indemnitor shall be required to Indemnify any Indemnitee to the extent of the Indemnitee's wrongful intentional acts or negligence. 11.3 Indemnification Independent of Insurance. The Parties' indemnification obligations under this Agreement shall not, in any way, be restricted or limited to and are independent of any insurance carried by a Party. -11- 11086-01471997716v3.doc 11.4 Survival of Indemnification and Defense Obligations. The indemnification and defense obligations of the Parties under this Agreement shall survive the expiration or earlier termination of this Agreement, until all claims against any of the Indemnitees involving any of the indemnified matters are fully, finally, absolutely and completely barred by applicable statutes of limitations. 11.5 Independent Duty to Defend. The duty to defend under this Agreement is separate and independent of the duty to Indemnify. The duty to defend applies regardless of whether the issues of negligence, liability, fault, default or other obligation on the part of the Indemnitor or the Indemnitee have been determined. The duty to defend applies immediately, regardless of whether the Indemnitee has paid any sums or incurred any detriment arising out of or relating (directly or indirectly) to any claims. It is the express intention of the Parties that an Indemnitee be entitled to obtain summary adjudication or summary judgment regarding an Indemnitor's duty to defend the Indemnitee at any stage of any claim or suit within the scope of the Indemnitor's indemnity obligations under this Agreement. 11.6 Indemnification Procedures. Wherever this Agreement requires any Indemnitor to Indemnify any Indemnitee: (a) Prompt Notice. The Indemnitee shall promptly notify the Indemnitor of any claim. To the extent, and only to the extent, that the Indemnitee fails to give prompt notice of a claim and such failure materially prejudices the Indemnitor in providing indemnity for such claim, the Indemnitor shall be relieved of its indemnity obligations for such claim. (b) Selection of Counsel. The Indemnitor shall select counsel reasonably acceptable to the Indemnitee. Counsel to Indemnitor's insurance carrier that is providing coverage for a claim shall be deemed reasonably satisfactory. Even though the Indemnitor shall defend the action, Indemnitee may, at its option and its own expense, engage separate counsel to advise it regarding the claim and its defense. The Indemnitee's separate counsel may attend all proceedings and meetings. The Indemnitor's counsel shall actively consult with the Indemnitee's separate counsel. The Indemnitor and its counsel shall, however, fully control the defense, except to the extent that the Indemnitee waives its rights to indemnity and defense for such claim. (c) Cooperation. The Indemnitee shall reasonably cooperate with the Indemnitor's defense of the Indemnitee, provided the Indemnitor reimburses the Indemnitee's actual out of pocket expenses (including attorney fees) of such cooperation. (d) Settlement. The Indemnitor may, with the Indemnitee's consent, not to be unreasonably withheld, settle a claim. The Indemnitee's consent shall not be required for any settlement by which all of the following occur: (i) the Indemnitor procures (by payment, settlement or otherwise) a release of the Indemnitee from the subject claim(s) by which the Indemnitee need not make any payment or other performance to the claimant; (ii) neither the Indemnitee nor the Indemnitor on behalf of the Indemnitee admits liability; and (iii) the continued effectiveness of this Agreement is not jeopardized in any way. -12- 11086-01471997716v3.doc 12. City Contract Administration. The City Manager shall administer this Agreement on behalf of the City. The City Manager may designate any member or members of the City staff to carry out such responsibilities. Except as otherwise expressly provided in this Agreement, the City Manager has the authority to approve or consent to those matters in this Agreement requiring the City's approval or consent and to make all other decisions on behalf of the City, subject to the City Manager's retained and reserved sole and absolute discretion to seek City Council approval of any such matter. 13. Governing Law. The substantive and procedural laws of the State shall govern the interpretation and enforcement of this Agreement, without application of conflicts of laws principles. 14. Transfer. PHS may Transfer, in whole or in part, its rights or obligations under this Agreement to one or more transferees with the prior written consent of the City, which will not be unreasonably withheld, delayed, or conditioned, and which shall be given if the proposed transferee(s) agree(s) to operate a lawful business generating Taxable Sales from the Temecula Facility and assume(s) PHS's obligations under this Agreement pursuant to a written agreement mutually and reasonably acceptable to the City, PHS and the transferee(s). The City's approval shall be deemed irrevocably given if the City fails to approve or disapprove (a) proposed transferee(s) within thirty (30) days following PHS's written request for approval. 15. Non -liability of City Officials and Employees. No elected official, officer, contractor, consultant, attorney, employee or agent of the City shall be personally liable to PHS, any voluntary or involuntary successor or assign of PHS, or any lender or other Person holding an interest in the Temecula Facility or PHS, in the event of any Default or breach of this Agreement by the City, or for any amount that may be or become due to PHS or its successors or assigns under this Agreement, or on any obligations arising under this Agreement. No shareholder, member, partner, principal, officer, attorney, employee or agent of PHS shall be personally liable to the City, any voluntary or involuntary successor or assign of the City, or any lender or other Person holding an interest in this Agreement or the Temecula Facility, in the event of any Default or breach of this Agreement by PHS, or for any amount that may be or become due to the City or its successors or assigns under this Agreement, or on any obligations arising under this Agreement. 16. Notices. 16.1 Delivery. Any and all Notices submitted by either Party to the other Party pursuant to or as required by this Agreement shall be in writing and addressed to the City or PHS (and their designated copy recipients) as set forth in Section 16.2. Notices (including any required copies) shall be delivered personally, by Federal Express, United Parcel Service or other nationally recognized overnight (one-night) courier service or by registered or certified United States mail, return receipt requested and postage prepaid, to the addresses set forth in Section 16.2, in which case they shall be deemed delivered on the date of delivery (or when delivery has been attempted twice, as evidenced by the written report of the courier service) to such address(es) or on the fourth (4th) day following deposit with the United States Postal Service for delivery. Either Party may change its address for delivery of Notices by Notice in compliance with this Agreement. Notice of a change of address shall be effective only upon receipt. Any -13 11086-01471997716v3.doc Party giving a Notice may request that the recipient acknowledge receipt of such Notice. The recipient shall promptly comply with any such request, but failure to do so shall not limit the effectiveness of any Notice. Any attorney may give any Notice on behalf of its client. 16.2 Addresses. The following are the authorized addresses for the submission of Notices, demands or communications to the Parties, under this Agreement, as of the Reference Date: To City: With a copy to To PHS: With a copy to: City of Temecula 43200 Business Park Drive Temecula, CA 92590 Attention: City Manager Richards, Watson & Gershon 355 South Grand Avenue Los Angeles, CA 90071 Attention: Peter M. Thorson Professional Hospital Supply, Inc. 41980 Winchester Road Temecula, CA 92590 Attention: John Augustine, CFO Best Best & Krieger LLP P.O. Box 1028 Riverside, CA 92502 Attention: Michael Grant 17. Jurisdiction and Venue. The Parties each acknowledge and agree that this Agreement is entered into and is to be fully performed in the City of Temecula, County of Riverside, State of California, and that all legal actions arising from this Agreement shall be filed in the Superior Court of the State of California in and for the County of Riverside, California, or the United States District Court with jurisdiction in the County of Riverside, California. 18. Incorporation of Recitals. The Recitals of fact set forth preceding this Agreement are true and correct and are incorporated into this Agreement, in their entirety, by this reference. 19. Principles of Interpretation. No inference in favor of or against any Party shall be drawn from the fact that such Party has drafted any part of this Agreement. The Parties have both participated substantially in the negotiation, drafting, and revision of this Agreement, with advice from counsel and other advisers of their own selection. A term defined in the singular in this Agreement may be used in the plural, and vice versa, all in accordance with ordinary principles of English grammar, which also govern all other language in this Agreement. The words "include" and "including" shall be construed to be followed by the words: `without limitation." Each collective noun shall be interpreted as if followed by the words "(or any part of it)," except where the context clearly requires otherwise. Every reference to any document, including this Agreement, refers to such document as modified from time to time (excepting any modification -14- 11086-01471997716v3.doc that violates this Agreement), and includes all exhibits, schedules, addenda and riders to such document. The word "or" includes the word "and." 20. Counterpart Originals; Integration. This Agreement may be executed in multiple counterpart originals, each of which is deemed to be an original, but all of which taken together shall constitute one and the same instrument. This Agreement and the exhibits attached to this Agreement represent the entire understanding of the Parties and supersede all previous negotiations, letters of intent, memoranda of understanding or agreements between the Parties with respect to all or any part of the subject matter of this Agreement. 21. Severability. If any term or provision of this Agreement or its application to any Party or circumstance shall to any extent be invalid or unenforceable, then the remainder of this Agreement or the application of such term or provision to Persons or circumstances, except those as to which it is invalid or unenforceable, shall not be affected by such invalidity. All remaining provisions of this Agreement shall be valid and be enforced to the fullest extent Law allows. 22. No Waiver. Failure to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions of this Agreement shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers under this Agreement at any one time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 23. Time is of the Essence. Time is of the essence in the performance of the Parties' obligations under this Agreement. 24. Unavoidable Delay; Extension of Time of Performance. 24.1 Notice. Subject to any specific provisions of this Agreement stating that they are not subject to Unavoidable Delay, performance by either Party under this Agreement shall not be deemed, or considered to be in Default, where any such Default is due to an Unavoidable Delay. Any Party claiming Unavoidable Delay shall Notify the other Party: (a) within ten (10) days after such Party knows of any such Unavoidable Delay; and (b) within five (5) days after such Unavoidable Delay ceases to exist. To be effective, any Notice of an Unavoidable Delay must describe the Unavoidable Delay in reasonable detail. The extension of time for an Unavoidable Delay shall continence on the date of receipt of Notice of the occurrence of the Unavoidable Delay by the Party not requesting an extension of time to perform due to such Unavoidable Delay and shall continue until the end of the condition causing the Unavoidable Delay. The Party seeking to be excused from performance shall exercise its best efforts to cure the condition causing the Unavoidable Delay, within a reasonable time. 24.2 Assumption of Economic Risks. ANYTHING IN THIS AGREEMENT TO THE CONTRARY NOTWITHSTANDING, THE PARTIES EXPRESSLY ASSUME THE RISK OF UNFORESEEABLE CHANGES IN ECONOMIC CIRCUMSTANCES AND/OR MARKET DEMAND/CONDITIONS AND WAIVE, TO THE GREATEST LEGAL EXTENT, ANY DEFENSE, CLAIM, OR CAUSE OF ACTION BASED IN WHOLE OR IN PART ON ECONOMIC NECESSITY, IMPRACTICABILITY, CHANGED ECONOMIC CIRCUMSTANCES, FRUSTRATION OF PURPOSE, OR SIMILAR THEORIES. EACH -15- 11086-01471997716v3.doc PARTY AGREES THAT ADVERSE CHANGES IN ECONOMIC CONDITIONS, EITHER OF SUCH PARTY SPECIFICALLY OR THE ECONOMY GENERALLY, OR CHANGES IN MARKET CONDITIONS OR DEMANDS, SHALL NOT OPERATE TO EXCUSE OR DELAY THE STRICT OBSERVANCE OF EACH AND EVERY OF THE OBLIGATIONS, COVENANTS, CONDITIONS AND REQUIREMENTS OF THIS AGREEMENT. THE PARTIES EXPRESSLY ASSUME THE RISK OF SUCH ADVERSE ECONOMIC OR MARKET CHANGES, WHETHER OR NOT FORESEEABLE AS OF THE REFERENCE DATE. e INITIALS OF AUT RIZED CITY REPRESENT IVES) TIALS OF TFORIZED PHS REPRE ENTATIVE(S) 25. No Third Party Beneficiaries. The performance of the Parties' respective obligations under this Agreement is not intended to benefit any Person other than the City and PHS, except as may be expressly provided otherwise in this Agreement. No Person not a signatory to this Agreement shall have any rights or causes of action against any Party to this Agreement as a result of that Party's performance or non-performance under this Agreement, except as otherwise expressly provided in this Agreement. 26. No Other Representations or Warranties. Except as expressly set forth in this Agreement, 110 Party makes any representation or warranty material to this Agreement to any other Party. 27. Warranties Against Payment of Consideration for Agreement. PHS represents and warrants that PHS has not employed or retained any Person to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees of PHS. PHS further represents and warrants that no gratuities, in the form of entertainment, gifts or otherwise have been or will be given by PHS or any of its agents, employees or representatives to any elected or appointed official or employee of the City in an attempt to secure this Agreement or favorable terms or conditions for this Agreement. Breach of the representations or warranties of this Section 27 shall automatically terminate this Agreement, without further notice to or action by either Party, and PHS shall immediately refund any Fee Waiver made prior to the date of any such termination. 28. Relationship . of Parties. The Parties agree and intend that the City and PHS are independent contracting entities and do not intend by this Agreement to create any partnership, joint venture, or similar business arrangement, relationship, or association between them. 29. Survival of Agreement. All of the provisions of this Agreement shall be applicable to any dispute between the Parties arising from this Agreement, whether prior to or following expiration or termination of this Agreement, until any such dispute is finally and completely resolved between the Parties, either by written settlement, entry of a non -appealable judgment or expiration of all applicable limitations periods and all terms and conditions of this Agreement relating to dispute resolution and limitations on damages or remedies shall survive any expiration or termination of this Agreement. [Signatures on following page] -1.6- 11086-01471997716v3.doc SIGNATURE PAGE TO OPERATING COVENANT AGREEMENT (Professional Hospital Supply) CITY: CITY OF TEMECULA, a California municipal corpoj tion and general law city By: Chuck Washington Mayor ATS' APPRO — D AS T • _ EGAL FORM: By eter M. Thorson City Attorney 11086-01471997716v3.doc -17- PHS: PROFESSIONAL HOSPITAL SUPPLY, INC., a California corporation By: Name: E/,‘95e 1( Z /60 `1 S Its: ri- p 5 c g 1A-4 By: Name: A pi A cry 51/46 he Its: CiF27 �] EXHIBIT A ILLUSTRATION OF CALCULATION OF ACTUAL CITY DAMAGES, USING HYPOTHETICAL AMOUNTS MAXIMUM CITY DAMAGES: CURRENT AMOUNT OF FEES DEFERRED MULTIPLIER TOTAL TAXABLE SALES REVENUE: PHS TAXABLE SALES THROUGH DAMAGES CALCULATION DATE RATE TOTAL ACTUAL CITY DAMAGES EXAMPLE 1 500,000,000 1.0% $ 2,000,000 5 10,000,000 5,000,000 $ 5,000,000 11086-01471997716v3.doc A-1 EXAMPLE 2 700,000,000 1.0% $ 1,700,000 5 8,500,000 7,000,000 $ 1,500,000 TEMECULA COMMUNITY SERVICES DISTRICT Item No. 15 ACTION MINUTES of March 11, 2014 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:35 P.M. CALL TO ORDER: Director Maryann Edwards ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS None CSD CONSENT CALENDAR 5 Action Minutes — Approved Staff Recommendation (3-0-2, with Director Comerchero and Director Roberts absent) Director Naggar made the motion; it was seconded by Director Washington; and electronic vote reflected approval by Directors Edwards, Naggar and Washington with Director Comerchero and Director Roberts absent. RECOMMENDATION: 5.1 Approve the action minutes of February 25, 2014. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD Action Minutes 031114 1 CSD ADJOURNMENT At 7:46 P.M., the Community Services District was formally adjourned to Tuesday, March 25, 2014, 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: Gwyn R. Flores, CMC Acting City Clerk/Acting District Secretary [SEAL] CSD Action Minutes 031114 2 Item No. 16 Approvals City Attorney Finance Director City Manager Sier- TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Kevin L. Hawkins, Director of Community Services DATE: March 25, 2014 SUBJECT: First Amendment with Sherry Berry Music for Concession Services at the Old Town Temecula Community Theater PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: That the Board of Directors approve the First Amendment to the Agreement with Sherry Berry Music to extend the term to April 1, 2015 and continue to provide concession services at the Old Town Temecula Community Theater. BACKGROUND: Sherry Berry Music has been providing concession services at the Old Town Temecula Community Theater since December 2007. On May 24, 2011, Sherry Berry Music entered into a new agreement to continue to provide concession services which includes the sale of high quality food, beverages and alcoholic drinks. The term of this agreement ends on April 1, 2014, however there are two one-year extensions authorized. Sherry Williams, owner of Sherry Berry Music, has abided by all terms and conditions within the agreement and continues to provide excellent service to Theater patrons. Staff recommends exercising the option to renew this agreement for one additional year as per Section 6. In addition to the term extension Section 15 "Notices" will be updated. All other terms and conditions will remain the same. FISCAL IMPACT: Revenues to the City from the operations of the concession services are estimated to be $1,200 per year and has been programed into the Community Services Fiscal Year 2013-14 revenue budget. ATTACHMENTS: 1. First Amendment 2. Original Agreement FIRST AMENDMENT TO AGREEMENT FOOD, BEVERAGE AND ALCOHOLIC BEVERAGE SALES AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND SHERRY BERRY MUSIC FOR THE OLD TOWN TEMECULA COMMUNITY THEATER THIS FIRST AMENDMENT is made and entered into as of March 25, 2014 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Sherry Berry Music, a General Partnership (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 May 24, 2011, the City and Consultant entered into that certain Agreement entitled "Food, Beverage and Alcoholic Beverage Sales Agreement Between Temecula Community Services District and Sherry Berry Music for the Old Town Temecula Community Theater," to provide concession services. b. The parties now desire to extend the term of the agreement to April 1, 2015, and to amend the Agreement as set forth in this Amendment. follows: follows: 2. Section 6 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 April 1, 2015 unless sooner terminated pursuant to the provisions of this Agreement. The City shall have the right to extend this Agreement for one additional year through April 1, 2016. In no event shall the contract be extended beyond April 1, 2016. The City shall exercise its option to extend the Agreement on or before February 1, 2015 of the year of expiration. 3. Section 15 of the Agreement entitled "NOTICES" is hereby amended to read as "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 1 Concessionaire: Sherry Berry Music 45600 Corte Royal Temecula, CA 92592 Attn: Sherry Williams 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES Sherry Berry Music, a General Partnership DISTRICT By: By: Jeff Comerchero, TCSD President Sherry Williams, Partner ATTEST: By: By: Gwyn R. Flores, CMC, Acting City Frank R. Fletcher, Partner Clerk/District Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Sherry Berry Music Attn: Sherry Williams 45600 Corte Royal Temecula, CA 92592 sherrywilliamsmusic@verizon.net 3 PM Initials: D B Date: FOOD, BEVERAGE AND ALCOHOLIC BEVERAGE SALES AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND SHERRY BERRY MUSIC FOR THE OLD TOWN TEMECULA COMMUNITY THEATER THIS AGREEMENT is made as of May 24, 2011 and effective as of April 1, 2011, between the Temecula Community Services District, a community services district, (hereinafter referred to as "City") and Sherry Berry Music, a General Partnership ("Concessionaire"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. RECITALS. This Agreement is made with respect to the following facts and for the following purposes, which each of the parties acknowledge to be true and correct: a. The City has constructed and operates the OId Town Temecula Community Theater ("Theater"). b. City desires to have a Concessionaire, and Concessionaire desires, to provide for the sale of high quality food, beverages and alcoholic beverages at the Theater from the Food Concession Stand and other areas on the permitted premises at the Theater. c. City desires to provide a concession benefit to the Theater patrons. 2. DEFINITIONS. As used in this Agreement the following words and phrases shall be defined as follows: a. "Concessionaire Supplied Equipment" shall mean such equipment as is necessary for the providing of food, beverage and alcoholic beverage sales as required by this Agreement, except for the City Supplied Equipment. b. "Director" shall mean the Director of Community Services of the City of Temecula or his or her designee. c. "Director of Finance" shall mean the Director of Finance of the City of Temecula or his or her designee. d. "Food Concession Stand" shall mean the concession stand constructed at the Old Town Temecula Theater adjacent to the Mercantile. e. "Gross Revenue" shall mean all the money or other things of value received by or owed to Concessionaire for the food, beverages and alcoholic beverages sold pursuant to this Agreement prior to payment of expenses. f. "Indemnified Parties" shall mean the City of Temecula, the Temecula Community Services District and the Redevelopment Agency of the City of Temecula, and their respective officers, officials, agents, employees and volunteers. g. "Theater" shall mean the OId Town Community Theater in the Old Town area of the City of Temecula. R:\SIRE REPORTS ET AL\Adminisiration1201 I\05-24-1 I Sherry Berry Theater Concession\Agreement.doc 1 3. EXCLUSIVE AGREEMENT FOR FOOD, BEVERAGE AND ALCOHOLIC BEVERAGE SALES AT FOOD CONCESSION STAND. The City hereby grants to Concessionaire an exclusive right to sell high quality food, beverages and alcoholic beverages from the Food Concession Stand and other areas on the permitted premises to patrons of the Theater and members of the public in accordance with the terms of this Agreement. The City reserves the right to contract with other food vendors in areas of the Theater for special events. For these special events, said food vendors shall be required to use the Concessionaire for sales and service of alcoholic beverages. The City shall provide notice of each Special Event to the Concessionaire two (2) weeks prior to each Special Event. 4. MAINTENANCE OF EQUIPMENT AND PHYSICAL PLANT OF FOOD CONCESSION STAND. a. The City shall provide the Food Concession Stand for the operation of the food, beverages and alcoholic beverages sales operation. City shall maintain the Food Concession Stand in good working order and replace such items of the Food Concession Stand when the equipment cannot be repaired; provided, however, Concessionaire shall be responsible for the repair or replacement of the Food Concession Stand, or parts thereof, damaged or destroyed by the negligent or willful acts of Concessionaire or its employees or agents, excepting normal wear and tear. Concessionaire shall clean the Food Concession Stand in accordance with applicable law and standard commercial food handling practices. b. Concessionaire shall provide such other equipment as is necessary for the providing of food, beverage and alcoholic beverage sales as required by this Agreement, except for the Food Concession Stand ("Concessionaire Supplied Equipment"). At the termination or expiration of this Agreement, the City shall have the option, but not the obligation, to purchase the Concessionaire Supplied Equipment at its then fair market value. c. AH signage for the Concessionaire's food, beverage and alcoholic beverage operation at the Food Concession Stand and, including sign content, shall be approved in writing by the Director prior to placement. 5. FOOD, BEVERAGE AND ALCOHOLIC BEVERAGE SALES OPERATIONAL REQUIREMENTS. In performing the services required by this Agreement, Concessionaire shall comply with the following operational requirements: a. Concessionaire shall provide food and beverages at the Food Concession Stand during the following times: Forty-five (45) minutes prior to any performance or event at the Theater and through the intermissions of the performance or event. Additional hours shall be provided upon the prior written approval of the Concessionaire and the Director. A calendar of events will be provided to the Concessionaire on a hi -monthly basis. Concessionaire may provide additional hours of food and beverage service with the prior written approval of the Director. b. Prior to commencement of the sales from the Food Concession Stand and not less than each calendar quarter thereafter the Director shall review and, after consulting with Concessionaire, approve the menus and quality of offerings for the Theater operations. Concessionaire shall not sell any items from the Food Concession Stand without the prior written consent of the Director. R:\SIRE REPORTS ET AL1Administration\2011\05-24-11 Sherry Berry Theater Concession\Agreement.doc 2 c. Director shall approve in writing the food, beverage and alcoholic beverage price lists, which approvals shall not be unreasonably withheld. Concessionaire's prices for food, beverages and alcoholic beverages shall not exceed the prices on this approved list. d. Concessionaire shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. Concessionaire shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar high quality food, beverage and alcoholic beverage services as are required of Concessionaire in meeting its obligations under this Agreement. e. As of the date of this Agreement, the City has obtained from Riverside County Health Department all applicable health permits and licenses as the owner of the facility in which the food, beverages and alcoholic beverages services described in this Agreement will be conducted. Concessionaire shall operate and manage the food, beverage and alcoholic beverage services described in this Agreement in full compliance with the terms of such permits and licenses and with any changes or modifications to said permits and licenses. To the extent the laws, regulations or opinions of the Riverside Health Department may change, Concessionaire shall obtain such permits and licenses as required by applicable laws and regulations. f. Concessionaire shall at its own cost and expense procure and keep in force during the term of this Agreement all necessary permits and licenses and shall require any subcontractors to have all necessary permits and licenses during the course of the term of the Agreement, including, without limitation: (1) City of Temecula business license; (2) County of Riverside Health Department food handier permits; and (3) California State Board of Equalization sellers permit. The City shall provide the Environmental Health Permit. g. Concessionaire shall be responsible for the payment of all applicable taxes for products or services under its control, including without limitation, any possessory interest tax which might be imposed, and for the maintenance of appropriate records showing payment of taxes. Concessionaire shall pay and discharge before delinquency all taxes and assessments, if any, which may be levied during the term of the Agreement as a result of Concessionaire's operations. Concessionaire shall not permit any liens to be asserted against City's property during the term of this Agreement. h. Employees of Concessionaire shall at all times be neatly and cleanly uniformed at no expense to City. The style and colors of uniforms for employees shall be approved by the Director. Concessionaire shall train and closely supervise all employees so that they are aware of and continually practice high standards of cleanliness, courtesy and service. Concessionaire's employees shall follow all applicable sanitary practices, rules and requirements governing restaurant employees. Concessionaire's employees shall at all times reflect personal cleanliness and neatness. Unkempt and unclean employees will not be tolerated by the City. The City shall provide written notice regarding any unkempt and unclean employees to the Concessionaire. j. Concessionaire's employees shall not, either by act or language, offend or disturb patrons of normal sensitivity during the course of providing services at the Theater. Concessionaire's employees shall not interfere with a program or special event R:\SIRE REPORTS ET AL\Administration1201 I\05 -24-I 1 Sherry Berry Theater Concession\Agrecment.doc 3 presented at the Theater. The Director shall be the sole judge in the determination of such matters. k. To the extent required by law, Concessionaire's employees shall be fingerprinted and undergo the State required background check for working in a public park. Concessionaire shall provide an adequate number of personnel to properly service and attend to the patrons. m. Concessionaire shall respond promptly to all complaints from patrons and shall report to City on each complaint and the resolution thereof. If City believes a complaint to be of a serious nature, City shall notify Concessionaire in writing. Concessionaire shall respond to such notification within four (4) calendar days. n. Not less than once each calendar month during the first year of the term of this Agreement, the Director and Concessionaire shall meet to discuss the operation of the food, beverage and alcoholic beverage services and the financial viability of the operation. o. All promotions with other food vendors or any subcontracts shall be approved in advance and in writing by the Director. p. Concessionaire shall allow City Staff access to the Food Concession Stand and Concessionaire's operation as necessary or convenient to the City to insure compliance with the terms of this Agreement. 6. TERM. This Agreement shall commence on April 1, 2011 and shall remain and continue in effect until April 1, 2014, unless sooner terminated or extended pursuant to the provisions of this Agreement. City shall have the right to extend this Agreement for two one (1) year periods with the first beginning on April 1, 2014 and the second beginning on April 1, 2015. In no event shall the contract be extended beyond April 1, 2016. City shall exercise its option to extend the Agreement on or before February 1st of the year of expiration. 7. PAYMENT TO THE CITY. a. Concessionaire shall sell its food and beverages to patrons of the Theater and members of the public from the Food Concession Stand and other areas on the permitted premises. City shall not be required to pay or otherwise compensate Concessionaire for providing food and beverage services at the Theater. b. For the privilege of operating the Food Concession Stand pursuant to the terms of this Agreement, Concessionaire shall pay to the City one hundred dollars ($100.00) per month paid on a calendar quarterly basis. Said sum shall be paid to the City within ten (10) calendar days following the end of each calendar quarter. In addition, at the end of the calendar year, the concessionaire shall pay to the City two percent (2%) of the gross revenues over one hundred thousand dollars ($100,000.00) from its sales pursuant to this Agreement. Said sum shall be paid to the City by February 15th of each year. At termination of agreement, this payment will be due prior to release of the one thousand dollar ($1,000.00) deposit. Failure to make this payment will result in the appropriate reduction or total forfeiture of the deposit, as per Section 6.e and as determined by the Director of Finance. R:\SIRE REPORTS ET AL\Administration12011 \05-24-I I Sherry Berry 'Theater Concession\Agreement.doc 4 c. As used in this Agreement, "Gross Revenue" as defined in Section 2.g, provided, however, sales taxes pursuant to Section 7200 et seq. of the Revenue and Taxation Code shall not be included in Gross Revenues. d. Concessionaire shall maintain a system of books and records in accordance with generally accepted accounting principles showing all Concessionaires' revenues received in connection with the sales of food, beverages and alcoholic beverages pursuant to this Agreement. The Director of Finance shall review and approve the system of books and records and shall be authorized to require the preparation and maintenance of additional accounting records and reports. Said records shall be kept for not less than three (3) years after the expiration of the term of this Agreement and any extensions thereof. City and its authorized agents may inspect or audit such books and records at any time during regular business hours upon one (1) business day's notice. If a City audit uncovers an underreporting of Gross Revenues in the amount of five percent (5%) or more during a one year period, Concessionaire shall pay the City's costs in performing the audit. e. Concessionaire shall keep in deposit in a local bank, or savings and loan company having F.D.I.C., or F.S.L.I.C., in favor of the City of Temecula, the amount of One Thousand Dollars ($1,000.00). If Concessionaire defaults in payments to the City or any of the terms, provisions, covenants and conditions of this Agreement, City may use, apply, or retain the whole or any part of this security for any payment due to the City of any expenses or payment in default or for any other sum which the City may spend or be required to spend by reason of Concessionaire's default. The security deposit or any balance remaining of the security deposit, less any deductions per this subsection, shall be returned to Concessionaire, within fourteen (14) days of the termination or expiration of this Agreement. In the event City uses part or all of the security deposit as provided herein, Concessionaire shall replenish the security deposit in the amount used within ten (10) days of notice from City. City may require, at any time that the security deposit be increased in proportion to the amount that minimum monthly rent or payment has increased. 8. TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, terminate this Agreement, or any portion hereof, by serving upon the Concessionaire at least ninety (90) calendar days prior written notice. Upon receipt of said notice, the Concessionaire shall continue to provide the services required by this Agreement, unless the notice provides otherwise. b. Concessionaire may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the City at least ninety (90) calendar days prior written notice. Upon receipt of said notice, the Concessionaire shall continue to provide the services required by this Agreement, unless the Director otherwise agrees in writing. c. In the event this Agreement is terminated pursuant to this Section, the Concessionaire shall pay to the City the amounts which may be due to the City under this Agreement through the time of termination. R:\SIRE REPORTS ET AL\Administration1201 l\05 -24-I 1 Sherry Berry Theater Concession\Agrecment.doc 5 9. DEFAULT OF CONCESSIONAIRE. a. Concessionaire's failure to comply with the provisions of this Agreement shall constitute a default. b. If the Director determines that Concessionaire is in default in the performance of any of the terms or conditions of this Agreement, he or she shall serve the Concessionaire with written notice of the default. Concessionaire shall have (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 Concessionaire 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 or suspend 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. c. In the event the Director determines that Concessionaire's default poses an immediate risk to the health or safety of patrons of the park, the Food Concession Facility or the public, he may suspend the Agreement without prior written notice to Concessionaire. Upon such immediate suspension, the Director shall initiate the default procedures set forth in this Section. d. The City and Concessionaire agree that waiver by the City or Concessionaire of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. 10. INDEMNIFICATION The Concessionaire agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 Redevelopment Agency of the City of Temecula, 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 Concessionaire'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 Redevelopment Agency of the City of Temecula. 11. INSURANCE REQUIREMENTS. Concessionaire 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 Concessionaire, 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. R:4SIRE REPORTS ET AL\Administration\2011\05-24.11 Sherry Berry Theater Concession\Agrcement.doc 6 less than: 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Concessionaire 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 Califomia and Employer's Liability Insurance. If the Concessionaire has no employees while performing under this Agreement, worker's compensation insurance is not required, but Concessionaire shall execute a declaration that it has no employees. 4) Liquor Liability for bodily injury, personal injury, and property damages. b. Minimum Limits of Insurance. Concessionaire shall maintain limits no 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 Concessionaire employs any employees. Concessionaire warrants and represents to the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. 4) Liquor Liability: One million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. 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 Redevelopment Agency of the City of Temecula, their officers, R:\SIRE REPORTS ET AI.1Adminis[ration\2011\05-24-I 1 Sherry Berry Theater Concession\Agreement.doc officials, employees and volunteers are to be covered as the insured's, as respects: liability arising out of activities performed by or on behalf of the Concessionaire; products and completed operations of the Concessionaire; premises owned, occupied or used by the Concessionaire; or automobiles owned, leased, hired or borrowed by the Concessionaire. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this Agreement, the Concessionaire's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees or volunteers shall be excess of the Concessionaire's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Concessionaire'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 Concessionaire 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. Concessionaire 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 Concessionaire's R:\SIRE REPORTS ET AL\Administration12011\05-24-11 Sherry Berry Theater Concession\Agreement.doc 8 insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 12. INDEPENDENT CONTRACTOR. a. Concessionaire 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 Concessionaire shall at all times be under Concessionaire's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Concessionaire or any of Concessionaire's officers, employees, or agents except as set forth in this Agreement. Concessionaire 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. Concessionaire 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 Concessionaire in connection with the performance of this Agreement. Except for the rights of Concessionaire as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Concessionaire for performing services hereunder for City. City shall not be liable for compensation or indemnification to Concessionaire for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES. Concessionaire shall keep itself informed of all applicable local, State and Federal laws, ordinances, and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. Concessionaire shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable for any failure of the Concessionaire to comply with this section. 14. RELEASE OF INFORMATION. a. All information gained by Concessionaire in performance of this Agreement shall be considered confidential and shall not be released by Concessionaire without City's prior written authorization. Concessionaire, its officers, employees, agents or subcontractors, shall not without written authorization from the General Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Concessionaire gives City notice of such court order or subpoena. b. Concessionaire shall promptly notify City should Concessionaire, 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 be present at any deposition, hearing or similar proceeding. Concessionaire agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Concessionaire. However, City's right R:\SIRE REPORTS ET AL\Administration\201 I\05-24-11 Sherry Berry Theater Concession\Agreement.doc 9 to review any such response does not imply or mean the right or obligation by City to control, direct, or rewrite said response. 15. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: Temecula Community Services District P.O. Box 9033 Temecula, California 92589-9033 Attention: General Manager Use this Address for a Delivery Service or Hand -Deliveries ONLY: Temecula Community Services District 41000 Main Street Temecula, California 92590 Attention: General Manager To Concessionaire: 16. ASSIGNMENT. Sherry Berry Music 45600 Corte Royal Temecula, CA 92592 Attention: Sherry Williams Due to the special services being performed by Concessionaire pursuant to this Agreement, and the importance of providing quality food, beverage and alcoholic beverage services, Concessionaire shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the General Manager. 17. GOVERNING LAW; LITIGATION. The City and Concessionaire 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 City 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, R:\SIRE REPORTS ET AL\Administration\2011\05-24-11 Sherry Berry Theater Concession\Agreement.doc 10 in this Agreement, the proceeds thereof, the Concessionaire, or Concessionaire's sub- contractors for this project, during his/her tenure or for one year thereafter. The Concessionaire 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, sub -contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Concessionaire or Concessionaire's sub -contractors on this project. Concessionaire 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 Concessionaire warrants and represents that he or she has the authority to execute this Agreement on behalf of Concessionaire and has the authority to bind Concessionaire 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. R:\SIRE REPORTS ET ALWdministration1201 I\05-24-1 I Sherry Berry Theater Concession\Agreement.doc 1 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Attest: Susan City C Approved as to form: Peter M. Thorson, General Counsel SHERRY BERRY MUSIC a General Partnership 45600 Corte Royal Temecula, CA 92592 ll herry Wil Partner AkkAther Frank R. Fletcher Partner R:\SIRE REPORTS ET AL\Administration\201 I\05-24-11 Sherry Berry Theater Concession\Agreemcnt.doc 12 dim DEPARTMENTAL REPORTS Item No. 17 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Armando G. Villa, AICP, Director of Community Development DATE: March 25, 2014 SUBJECT: Community Development Department Monthly Report PREPARED BY: Lynn Kelly -Lehner, Senior Management Analyst RECOMMENDATION: Receive and file. The following are the highlights for the Community Development Department for February 2014. CURRENT PLANNING ACTIVITIES New Cases: Planning received 67 new applications for administrative review, minor cases, and home occupations, including 8 applications for public hearings, during the month of February. A detailed account of current planning activities is attached to this report. Altair (formerly Village West) Specific Plan: On November 12, 2013, City Council approved an Entitlement Processing Agreement with Ambient Communities (Developer) to process extensive land use entitlements for the 270 acre property located west of Old Town including General Plan Amendment, Specific Plan, Subdivision Maps, Development Agreement, and Environmental Impact Report (EIR). Ambient Communities is proposing a mixed-use development comprised of residential single-family and multi -family units, as well as retail/commercial, open space, and institutional uses. The Developer has agreed to fund the City's expenses for hiring project staff to process the entitlements for an efficient and detailed review of the project. Staff reviewed and provided comments on a second pre -application, including conceptual map and site plan layout, and draft Specific Plan. Staff is currently reviewing a Multiple Species Habitat Conservation Plan (MSHCP) Consistency Report and preparing an Initial Study. Staff anticipates releasing a Request for Proposal (RFP) for an Environmental Impact Report (EIR) by the end of March. (PETERS) Mercedes-Benz of Temecula: Mercedes-Benz of Temecula, located at Temecula Center Drive (northwest corner of Ynez Road and Waverly Lane), was approved at the July 9, 2008 Planning Commission hearing. A Supplemental EIR was also adopted at that hearing. The Planning Commission approved a Major Modification on February 20, 2013 to reduce the size of the dealership building from approximately 80,000 square feet to 50,258 square feet, and revise the architecture of the building. The grading permit was issued on April 1, 2013, and the building permit was issued on April 23, 2013. Construction of the project is ongoing and opening of the dealership is anticipated in mid-April 2014. (FISK) Temecula Valley Hospital: City Council approved the Temecula Valley Hospital project on January 22, 2008. A Certificate of Occupancy for the Phase I hospital bed tower was received from the Office of Statewide Health Planning and Development (OSHPD) on July 19, 2013. United Health Services, who owns and operates the hospital, obtained State licensing to open the hospital for patients on October 14, 2013. On May 31, 2013, staff received a Major Modification application to modify the site plan and heliport Conditional Use Permit to relocate the heliport from an area near the northeast corner of the hospital building. UHS indicated that the heliport needs to be relocated based on concerns from the FAA and the aeronautical division of Caltrans. UHS is proposing two phases of movement for the heliport: Phase I would place the heliport to the west of the hospital building, in one of the parking lot areas. Phase II would place the heliport on the roof of the second hospital tower. In both cases, the proposed locations result in a change to the flight path that move it away from the Summerhouse residential project and changes the path to either head directly into or away from the prevailing wind direction (rather that perpendicular to the prevailing winds), as directed by the FAA and Caltrans. This application is under review and a Supplemental EIR is currently being prepared by Environmental Science Associates. Staff anticipates scheduling the project for a public hearing before the Planning Commission in June 2014 and before City Council in July 2014. (FISK) Roripaugh Ranch Specific Plan: In 2013, the Planning Commission approved KB Homes, Standard Pacific, and Van Daele Developments applications for Home Products Reviews in the Roripaugh Specific Plan Area. KB Home plans to construct 98 single-family homes. Standard Pacific plans to build 200 single-family homes under the names Montego and Cambridge. Van Daele Development will construct 113 single-family homes, 56 marketed as Verona, and 57 as Sorrento. The three builders will construct 411 homes in four of five available planning areas in the area commonly referred to the "panhandle." One hundred and seventy residential permits have been issued to date. (PETERS) LONG RANGE PLANNING The Long Range Planning Division works toward larger scale and longer time -frame projects. Some of the major projects and long-range planning activities currently in progress are described below. Uptown Jefferson Specific Plan: The Uptown Jefferson Specific Plan Area encompasses approximately 560 acres and is located north of Rancho California Road, west of Interstate 15, south of Cherry Street, and east of Diaz Road. In January 2011, City Council established the Jefferson Avenue Ad Hoc Subcommittee, comprised of Council Member Roberts and Mayor Pro Tem Comerchero. The project website, www.envisionjefferson.org, provides updates to the public. To date, staff has held eight City Council Ad Hoc Subcommittee Meetings to provide updates on the various public meetings, develop policies, and obtain direction on the content of the Specific Plan. Between October 2011 and July 2013, staff held six visioning workshops. These workshops solicited feedback from the public and key stakeholders about the future vision of the Specific Plan area. Eight recommendations emerged from the public visioning process, including: 1) strengthen economic development, 2) expand the mix of uses, 3) define districts and neighborhoods, 4) improve transportation, mobility, connectivity and circulation, 5) integrate recreation, open space and trails, 6) create updated and flexible development standards, 7) build and maintain a comprehensive utility infrastructure network and 8) establish a district identity. On June 13, 2013, staff also held a Developer Focus Group to determine the future economic feasibility of the Specific Plan based upon anticipated market conditions, economic demands, demographic trends, and available financing. From July 2013 through December 2013, staff held six public Uptown Jefferson Specific Plan Steering Committee Meetings with members of the public. Two commissioners from each of the City's commissions (Planning, Community Services, and Public/Traffic Safety Commissions) sit on the Committee. Staff presented form -based code principles and drafts of districts map, land use matrix, street cross sections, conceptual streetscape beatification plan, circulation network, hypothetical future block standards, urban parking standards, urban design guidelines, plan administration, sign standards, adaptive reuse standards, plan financing, and the anticipated 30 - year build out scenario. Staff is writing the Specific Plan based upon the eight visioning recommendations, plan framework, and the concepts presented at the six public Steering Committee meetings. An Environmental Impact Report (EIR) is being prepared simultaneously with the Specific Plan. Plan completion and certification of the EIR is anticipated in Summer 2014. (INNES, WEST, WATSON) Uptown Jefferson Specific Plan Environmental Impact Report (EIR): Environmental Science Associates (ESA) is preparing a Program EIR for the Uptown Jefferson Specific Plan. An EIR Scoping meeting was held in June 2013, providing interested parties the opportunity to submit comments related to the scope of the EIR. As a courtesy, all property owners within the Specific Plan area were mailed notices for this meeting. The Administrative Draft EIR was submitted for staff's review on August 28, 2013. Staff is currently reviewing and providing feedback on a second iteration of the EIR received on January 16, 2014. The Draft EIR is anticipated to be released to the public for the 45 -day review period in early April 2014. (INNES, WEST, WATSON) Hike Bike Temecula (Multi -Use Trails and Bikeways Master Plan Update): On May 14, 2013, City Council awarded a contract to KTU+A to update the City's Multi -Use Trails and Bikeways Master Plan. Phase I focuses on public outreach and workshops while Phase II will update the Master Plan. On August 27, 2013, City Council approved an amendment to the contract to include a sidewalk gap analysis within the Master Plan Update. A community workshop was held on Saturday, October 26, 2013, and attendees provided feedback on bike lanes, sidewalks, trails, hiking paths, and equestrian connections. Community input was also collected through a survey via the project website www.hikebiketemecula.org. The workshop and survey results were presented to the Council Subcommittee, consisting of Council Members Naggar and Washington, on January 14, 2014. A Steering Committee meeting was held on February 25, 2014 at the Merc Theater in Old Town. In addition to the Steering Committee members, there were over 30 participants in attendance at the meeting. The focus of the Steering Committee meeting was to summarize the survey results and to get feedback on proposed improvements in Old Town. The Old Town improvements include sharrows (shared bike lane markings) on Old Town Front Street, Bicycle Friendly Community signs, and strategically placed bike racks. Phase I will conclude with a community walk -ride event to highlight priority locations for future trails and bike lanes based on the community's feedback. Phase II will commence in early spring. (PETERS) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) & HOUSING 2014-2021 Housing Element Update: City staff has completed the 2014-2021 update of the General Plan Housing Element. The Planning Commission recommended approval of the draft Housing Element on January 15, 2014, and the City Council adopted the document on January 28, 2014. The adopted Housing Element was submitted to HCD on January 31, 2014 for a final 90 -day review and certification. HCD certification is due by May 3, 2014. (WEAVER) Community Development Block Grant (CDBG): The City of Temecula estimates it will receive $517,195 in CDBG grant funding for Fiscal Year 2014-15. Staff held two public outreach meetings on November 25, to provide a program overview and technical assistance for those applying for FY2014-15 public service funding. The deadline for submitting public service applications was December 13, 2013, and the City received nine applications. Staff presented the draft Annual Action Plan and funding recommendations to the Finance Subcommittee on February 25, 2014. A follow- up Finance Subcommittee meeting will be held on March 18, 2014. Following a recommendation from the Finance Subcommittee, the FY2014-15 Annual Action Plan will be noticed for a 30 -day public review period, and scheduled for public hearing before the City Council in April 2014. The Annual Action Plan will be submitted to HUD by May 15, 2014. (WEAVER) ENERGY & CONSERVATION PROGRAM Temecula Energy Asset Management (TEAM) Fund: Staff is working with Public Financial Management Inc., a consultant funded through the Western Riverside Energy Partnership, to develop an administrative policy manual for the TEAM Fund. The TEAM Fund is a self-sustaining fund that deposits by utility rebate incentives directly into the Fund while also re -directing annual utility costs savings from energy efficiency projects. City Council established the Fund in June 2013, redirecting $119,728.90 in SCE and SCG rebates into the Fund. The draft TEAM Administrative Policy and Procedure Manual will be brought to City Council in Summer 2014. (WEST) Western Riverside Energy Leadership Partnership: This Partnership, consisting of eleven Western Riverside Council of Government (WRCOG) member cities, Southern California Edison (SCE), and Southern California Gas (SCG), provides incentives for participants to develop energy efficiency programs. Temecula was the first City in the Partnership to achieve Gold Level status by completing 13 energy efficiency projects in FY 2012-13, resulting in nearly $100,000 of annual utility cost savings. The next level in the Partnership is Platinum. To achieve this level, the City will need to complete an additional 92,114 kWh savings, implement an Auto Demand Response plan, and adopt the Municipal Energy Action Plan. (WEST) Energy Action Plans (EAP): Draft Municipal and Community Energy Action Plans have been prepared for the City of Temecula and funded through the Energy Partnership as part of the first year program development. Both EAPs establish energy reduction goals, policies, and implementation actions to achieve energy efficiency. The draft EAP is ready for consideration by City Council. (WEST) Green House Gas (GHG) Emissions Inventory/Climate Action Plan: A draft Municipal GHG inventory and Community GHG inventory has been prepared for the City and was funded through the Energy Partnership and grant funds received by WRCOG. Energy data from the Plans have been used to establish a baseline for the emission inventories. The inventories will be incorporated into the Western Riverside County Climate Action Plan for strategies that address state legislation AB 32 and SB 375. The Climate Action Plan proposes to identify emission reduction targets and measures. Staff continues to work with WRCOG to provide input to the Municipal and Community GHG inventories and to the Climate Action Plan. (WEST) Solid Waste and Recycling: Staff manages the City's Solid Waste and Recycling Agreement with CR&R and acts as a liaison between the City, CR&R, and their customers. City staff and CR&R coordinate two Citywide Clean-up events each year to dispose of household waste and large miscellaneous debris that does not fit into the standard residential trash receptacle. The next Citywide Clean-up is scheduled for April 26, 2014 at Chaparral High School. Staff also assists with outreach for the Riverside County Mobile Household Hazardous Waste Collection events and the Backyard Composting Workshops. The Household Hazardous Waste Collection Event is an effort to promote the recycling of used and other household hazardous waste. The next Household Hazardous Waste Collection Event is scheduled for March 22, 2014. (WEST) SPECIAL PROJECTS Old Town Trolley: On April 9, 2013, the Old Town Steering Committee Meeting, consisting of Council Members Naggar and Roberts, approved a pilot program for the Old Town Trolley with Brewen's Empire Trolley. The pilot program, which ran from May 4 through August 3, provided free, public transportation throughout Old Town that is convenient to restaurants, shops, and the Civic Center. The trolley encourages visitors to park in the public Civic Center parking garage. On August 1, 2013, the Steering Committee proposed to extend the Old Town Trolley Program to cover five Hot Summer Nights in August and Saturday service through February 2014. On January 28, 2014, the Old Town Steering Committee recommended extending the program for an additional 90 days. (LEHNER) BUILDING & SAFETY Inspections: During the month of February, Building and Safety conducted 1,688 inspections. On average, there were 88.84 inspections per day, or 25.38 per inspector per day. Permits: During the month of February, Building and Safety issued 232 construction permits. Of these permits, 16 were dwelling units. Some of these permits included: New Commercial/Additions Toyota of Temecula (used car sales building and addition to showroom) - 26631 Ynez Road Tenant Improvements Windsor Fashion —408200 Winchester Road, Suite 2150 Starbucks — 41195 Winchester Road (formally Carl's Jr.) Non -Construction Certificate of Occupancy Skewers Temecula — 41653 Margarita Road, Suite 108 Annie's Cafe — 27313 Jefferson Ave, Suite B Granny's Waffle Sandwiches — 28450 Felix Valdez Road, Suite C Tea Time — 31333 Temecula Parkway, Suite 100 Tusker International Trading Inc. — 28075 Diaz Road CODE ENFORCEMENT During the month of February, Code Enforcement responded to 50 web complaints from constituents. In addition, they opened 96 cases, 63 of which were residential and 33 were commercial. Code Enforcement also pulled 795 non -conforming signs in the community. Staff worked with the Temecula Police Department regarding nine abandoned vehicles. Detailed Code Enforcement activity can be found in the following chart. February 2014 - Code Enforcement Cases TYPE OF CODE CASE RESIDENTIAL COMMERCIAL TYPE TOTAL Abandoned or Inoperable Vehicle 10 0 10 Vacant Home / Property Maintenance / Rodent infested 6 0 6 Business or Home Occupation w/o license 7 5 12 Abandoned Home / Vandalism 2 0 2 Trash and Debris / Parking lot maintenance 2 1 3 Overgrown Vegetation / Weeds / Fire Hazard 3 0 3 Green Pool / Vector Control 3 0 3 Graffiti 3 10 13 Noise 0 0 0 Trailer / RV Stored 2 1 3 Construction w/o Permit 2 2 4 Encroach Public ROW / Trash Cans 15 0 15 Other / Homeless Encampment 0 0 0 Other / Smoking Ordinance / Safety Issue 6 0 6 Other / Safety Issue - Pool no fence/gate 0 5 5 Other/Parking 2 0 2 Signs Pulled - Violations 0 9 9 TOTAL NUMBER OF CASES 96 Foreclosure Tracking: Code Enforcement works with the local real estate community to monitor foreclosures, real estate owned properties, and properties in default in commercial and residential development. The following charts demonstrate the past six months of foreclosure tracking activities in Temecula. Residential Foreclosure Tracking Commercial Foreclosure Tracking September October November December January February 2013 2013 2013 2013 2014 2014 DEFAULT 100 104 105 110 92 101 FORECLOSED 116 118 113 100 94 94 REO 60 67 64 66 73 76 TOTALS 276 289 282 276 259 271 Commercial Foreclosure Tracking September October November December January February 2013 2013 2013 2013 2014 2014 DEFAULT 7 6 6 7 8 8 FORECLOSED 3 4 4 4 3 3 REO 34 33 33 21 21 25 TOTALS 44 43 43 43 32 33 Planning Agenda Report 2/1/2014 through 2/28/2014 cently Approved APN # • PA13-0273 Gosch Rancho Ford MOD 921730025 KENNY TAYLOR A Major Modification for Gosch Rancho Ford of Temecula to change the front fa9ade and front halves of the side facades of the existing car showroom/sales building and a 677 square foot building addition at 26895 Ynez Road. Submitted Date Approved Date Nov 14 2013 Feb 19 2014 APN # • PA14-0012 Bob and Gary TUP 921700006 ERIC JONES A Temporary Use Permit to allow a seasonal strawberry stand to operate daily from 9 a.m. to dusk from March 1st through June 30th, 2014, at 42225 Margarita Road. Submitted Date Approved Date Jan 23 2014 Feb 18 2014 APN # • PA14-0016 Mall Strawberry Farm TUP 910420030 FAHMIDA RASHID A Major Temporary Use Permit to allow a seasonal strawberry stand from February 1, 2014 thru May 31, 2014 from 10 a.m. to 6 p.m. within the north Promenade Mall parking lot at 40820 Winchester Road. Submitted Date Approved Date Jan 30 2014 Feb 19 2014 APN # PA14-0025 St. Thomas Sweetheart Car Show 961290007 KENNY TAYLOR A Major Temporary Use Permit for St. Thomas Episcopal Church to hold their annual classic car show with food and beverage vendors to be held on Saturday February 15, 2014 from 10:00 a.m. to 1:00 p.m. in the St. Thomas Church parking lot, located at 44651 Avenida de Missiones. Submitted Date Approved Date Feb 6 2014 Feb 13 2014 APN # • PA14-0027 Mad Madeline's Car Show TUP 922026008 KENNY TAYLOR A Major Temporary Use Permit for Mad Madeline's Car Show to be held on four different dates (March 23, 2014, May 18, 2014, July 13, 2014 and September 14, 2014) from 9 a.m. to 3 p.m. A DJ playing live music will be on-site for each car show. Food and alcohol will be served in the nearby restaurants but will not be served in the parking area. (APN: 922-026-008) Submitted Date Approved Date Feb 6 2014 Feb 27 2014 Planning Agenda Report 2/1/2014 through 2/28/2014 APN # • PA13-0155 Shearwater Creek DP 922110013 MATTHEW PETERS A Development Plan to construct a 140 unit attached residential project, including two story townhomes and three story walk-up flats, also with a pool and clubhouse for project residents, located on approximately 7 acres at the southernmost point of Pujol Street, on the west side of the street (APNs: 922-110-013, 922-110-014) (Related Application: PA13-0156 - Condo Map) Submitted Date Anticipated DRC Meeting Date Planning Jun 18 2013 10/10/2013 Mar 19 2014 APN # • PA13-0156 Shearwater Creek Condo Map 922110013 MATTHEW PETERS A Tentative Tract Map (Condo Map) to allow for a 140 unit attached residential project located on approximately 7 acres located southernmost point of Pujol Street, on the west side of the street (APNs: 922-110-013, 922-110-014) (Related Application: PA13-0155 - Development Plan) Submitted Date Anticipated DRC Meeting Date Planning Jun 18 2013 10/10/2013 Mar 19 2014 APN # PA13-0217 Rancho Vista VIg TTM Revision 944060006 STUART FISK A Tentative Tract Map revision application to change the number of lots from 4 lots (one condominium lot, one recreation building lot, and two open space lots) for 62 detached condominium units to 4 lots (one condominium lot, one recreation building lot, and two open space Tots) for 59 detached condominium units located at the northeast corner of Rancho Vista Road and Mira Loma Road. Submitted Date Anticipated DRC Meeting Date Planning Sep 12 2013 10/10/2013 Mar 19 2014 APN # • PA13-0233 AT&T Cellular Tower 920100016 KENNY TAYLOR A Wireless Telecommunications Facility Application to allow a new 48 -foot stealth bell tower to be constructed and operated within the existing Chaparral Self Storage facility located at 27380 Nicolas Road. Submitted Date Anticipated DRC Meeting Date Planning Sep 30 2013 Mar 19 2014 APN # • PA14-0024 Highgate Senior Living 944290026 ERIC JONES A Major Modification for the previously approved Highgate Senior Living facility to reduce the number of units from 94 to 84 and to revise the approved architecture at 42301 Moraga Road. Submitted Date Anticipated DRC Meeting Date Planning Feb 5 2014 Apr 16 2014 Planning Agenda Report 2/1/2014 through 2/28/2014 APN # • PA10-0213 Simms TTM 945120001 ERIC JONES A Tentative Tract Map application to create 5 residential lots from 4 lots with lot size ranging from 1.31 acres to 2.80 acres on vacant property generally located on the south side of Santiago Road, approximately 1,500 feet east of Ynez Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 14 2010 8/12/2010 TBD APN # • PA10-0348 Linfield TTM 36098 955020006 ERIC JONES A Tentative Map application (for conveyance purposes) to allow Linfield Christian School to create four additional parcels. Total parcels within the school property will equal eight. Parcels will range in size between 2.52 - 6.63 acres. Located at 31950 Pauba Road. (Related Applications PA10-0349, Major Mod, and PA10-0347, PDO Amendment) Submitted Date Anticipated DRC Meeting Date Hearing Planned Dec 15 2010 8/9/2012 TBD APN # PA12-0131 Arbor Vista GPA 919350017 MATTHEW PETERS A General Plan Land Use map change from Very Low (VL) density residential to Low (L) density residential. The project site is located on 73 acres at the southeast corner of Nicolas and Via Lobo Roads. (APN 919-350-0117, -0118, -0119, -120) (Associated applications: PA12-0132, Zone Change to PDO; PA12-0133, TTM 36479; and PA12-0134, Home Product Review). Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 12 2012 8/9/2012 TBD APN # • PA12-0132 Arbor Vista ZC to PDO 919350017 A Zoning Map and Text change from Very Low (VL) density residential to a Planned Development Overlay (PDO) based on the standards of the Low (L) density residential designation with provisions for a cluster development. The project site is located on 73 acres at the southeast corner of Nicolas and Via Lobo Roads (APN 919-350-017, -018, -019, -120) (Associated applications: PA12-0131, GPA; PA12-0133, TTM 36479; and PA12-0134, Home Product Review). MATTHEW PETERS Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 12 2012 8/9/2012 TBD APN # • PA12-0133 Arbor Vista TTM 36479 919350017 MATTHEW PETERS A Tentative Tract Map (No. 36479) to subdivide 73 acres into 83 single-family cluster lots. Minimum lot size for the residential lots is 5,500 square feet. Approximately 59% of the site will be preserved as permanent open space to preserve the existing drainage on-site. Access to the site will be provided from Nicolas and Via Lobo Roads. The project site is located at the southeast corner of Nicolas and Via Lobo Roads (APN 919-350-017, -018, -019, -120) (Associated applications: PA12-0131, GPA; PA12-0132, Zone Change to PDO; and PA12-0134, Home Product Review). Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 12 2012 8/9/2012 TBD • PA12-0134 Arbor Vista HPR APN # 919350017 MATTHEW PETERS Planning Agenda Report 2/1/2014 through 2/28/2014 A Residential Home Product review for 83 lots to be created with TTM 36479 (PA10-0133) for 4 floor plans ranging in size from approximately 2,700 to 3,500 square feet with three elevation types each including Craftsman, Spanish and Traditional. The project site is located at the southeast corner of Nicolas and Via Lobo Roads (APN 919-350-017, -018, -019, -120) (Associated applications: PA12- 0131, GPA; PA12-0132, Zone Change to PDO; and PA12-0133, TTM 36479). Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 12 2012 8/9/2012 TBD APN # PA13-0249 TCI Development Agreement 922220002 MATTHEW PETERS A Development Agreement application for the Temecula Creek Inn project, which includes a Specific Plan, General Plan Amendment, Tentative Tract Map and Development Plan to expand Temecula Creek Inn into a master -planned 18 -hole golf course resort and community on 305 acres located 44501 Rainbow Canyon Road. The Specific Plan proposes four Planning Areas: Planning Area 1 includes an expansion of the existing hotel by 99 rooms from 128 to 227 guest rooms (active adult option on 126 units) and the addition of a spa and banquet facilities totaling 153,837 square feet. Planning Areas 2-4 include a maximum 409 single family and multi -family residential units ranging in size from 1,600 to 4,300 square feet. Related Cases PA08-0118, PA08-0119, PA08-0120, PA08-0121 (APNs 922-220- 002; 003; 008; 031; and 922-230-002; 003; 004; 007; 008) Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 22 2013 11/14/2013 TBD APN # • PA13-0283 Schafer Condo Map 921090092 ERIC JONES A Tentative Map application, including a waiver for a Final Map, for condominium purposes to create 6 individual office space units at an existing 18,600 square foot office building located at 41619 Margarita Road (APN: 921-830-0019 & 921-830-023). Submitted Date Anticipated DRC Meeting Date Directors Hearing Dec 17 2013 Mar 20 2014 APN # • PA14-0023 River Springs Charter School 921310017 KENNY TAYLOR A Minor Conditional Use Permit to allow River Springs Charter School to occupy an existing 27,500 square foot building for charter school educational services for adolescent students Kindergarten thru 8th grade at 4215 Lyndie Lane (Related Application: TUP PA14-0028). Submitted Date _ Anticipated DRC Meeting Date Hearing Planned Feb 5 2014 TBD APN # • PA14-0042 AT&T Cellular Tower 954020005 KENNY TAYLOR A Wireless Telecommunications Facility Application to allow a 35 -foot slim -line mono pole (and associated utility equipment), to be located within the public R.O.W. on the east side of the property at 43241 Margarita Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 24 2014 TBD • PA14-0050 WolfCreek TTM APN # 962010007 ERIC JONES Planning Agenda Report 2/1/2014 through 2/28/2014 A Tentative Tract (No. 36675) Map for 174 residential condominium units located on the southeast corner of Pechanga Parkway and Wolf Valley Road Submitted Date Anticipated DRC Meeting Date Hearing Planned Mar 5 2014 TBD APN # • PA14-0051 Roripaugh Ranch DDA 964180004 STUART FISK A modification to the Roripaugh Ranch Development Agreement to modify the timing of infrastructure improvements and building permit thresholds for the Roripaugh Ranch Specific Plan, generally located at the along the north and south sides of Murrieta Hotsprings Road and on the east and west sides of Butterfield Stage Road, surrounding the intersection of Murrieta Hot Springs Road and Butterfield Stage Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Mar 5 2014 TBD Itt PA11=0233 .� �,•���� �•,I• PA2.131 • P 12-0134 PA12-0;132 1. Recently Approved 2. Scheduled for Hearing 3. New Submittals Pending DRC Meeting Item No. 18 Approvals City Attorney Finance Director City Manager ffor- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jeffrey Kubel, Chief of Police DATE: March 25, 2014 SUBJECT: Police Department Monthly Report PREPARED BY: Will Edwards, Sergeant RECOMMENDATION: Receive and file. The following report reflects the activity of the Temecula Police Department for the month of February 2014. PATROL SERVICES Overall calls for police service 2,427 "Priority One" calls for service 66 Average response time for "Priority One" calls 7.50 Minutes VOLUNTEERS Volunteer administration hours 192 Special Events hours 131 Community Action Patrol (CAP) hours 988 Reserve officer hours (patrol) 83 Training hours 248 Total Volunteer hours 1345 CRIME PREVENTION Crime prevention workshops /Neighborhood watch meetings conducted 8/4 Residential/Business security surveys conducted 3/4 Businesses visited 3 Residences/Businesses visited for past crime follow-up 0/8 Station Tour 7 Planning Review Projects/Temp Outdoor Use Permits 2/11 Square Footage of Graffiti Removed 1,535 OLD TOWN STOREFRONT Total customers served 250 Sets of fingerprints taken 63 Police reports filed 13 Citations signed off 17 Car Seat Inspections 0 Total receipts $3,378.00 SPECIAL TEAMS (POP / SET) On sight felony arrests 5 On sight misdemeanor arrests 1 Felony arrest warrants served 3 Misdemeanor arrest warrants served 0 Follow-up investigations 9 Parole/Probation Searches 1/6 Pedestrian Checks 32 Traffic Stops/Vehicle Checks 11 Crime Free Housing Checks 56 TRAFFIC Citations issued for hazardous violations 835 Grant funded D.U.I. / Traffic safety checkpoints 0 Grant funded traffic click it or ticket 0 D.U.I. Arrests 14 Non -hazardous citations 444 Stop Light Abuse/Intersection Program (S.L.A.P.) citations 33 Neighborhood Enforcement Team (N.E.T.) citations 120 Parking citations 189 School Zone 96 Seatbelts 35 Cell Phone Cites 149 Injury collisions 18 INVESTIGATIONS Beginning Caseload 168 Total Cases Assigned 51 Total Cases Closed 46 Search Warrants Served 7 Arrests 8 PROMENADE MALL TEAM Calls for service 676 Felony arrest/filings 4 Misdemeanor arrest/filings 23 Traffic Citations 33 Fingerprints/Livescans 153 Total receipts $7,207.00 SCHOOL RESOURCE OFFICERS Felony arrests 3 Misdemeanor arrests 5 Reports 17 Youth counseled 177 Meetings 56 Item No. 19 Approvals City Attorney Finance Director City Manager Rier- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas W. Garcia, Director of Public Works/City Engineer DATE: March 25, 2014 SUBJECT: Public Works Department Monthly Reports RECOMMENDATION: Receive and file Public Works Department Activity Reports for Capital Improvement Projects for the second half of February 2014 through the first half of March 2014, and the Street Maintenance report for the month of February 2014. CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report February / March 2014 Prepared by: Amer Attar Submitted by: Thomas W. Garcia Date: 3/25/2014 PROJECTS UNDER CONSTRUCTION Pechanga Parkway Storm Drain Improvements - Environmental Mitigation This project includes construction of a 3.4 acres of riparian habitat mitigation site for the Wolf Valley Creek Channel Improvements -Stage I. The construction contract was awarded by City Council to Nature's Image on July 24, 2013. Work started after the nesting season ended on September 15, 2013, and is currently in a one year weed abatement period. Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. Currently in progress is street improvements (decorative concrete and street paving), and upcoming are bridge lighting and railing installation. Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek This project includes the construction of an approximately 150 foot long pedestrian/bike bridge over Santa Gertrudis Creek near Chaparral High School. This portion of the project is complete. The mitigation/monitoring portion of the project, which involves removal of invasive plant species from the creek channel and a subsequent two-year monitoring period, began on September 17, 2012. Maintenance and monitoring is ongoing. French Valley Parkway / Interstate 15 Over -Crossing and Interchange Improvements - Phase I This Project includes widening of southbound Interstate 15 from Warm Springs Creek to the Winchester Road off -ramp, widening of the Winchester Road off -ramp, construction of the new southbound off -ramp at French Valley Parkway, and construction of the westbound portion of French Valley Parkway from the off -ramp to Jefferson Avenue. This Project is under construction from June 2012 through March 2014. See project web page for construction updates: http://www.cityoftemecula.org/Temecula/Government/PublicWorks/FrenchValley.htm. Ronald Reagan Sports Park Desilting Basin Environmental Mitigation This project installed landscape and irrigation improvements on a 0.26 acre Habitat Creation Area and maintaining it for five years in accordance with a Habitat Mitigation and Monitoring Program. The work was completed on January 20, 2011. The project is now in the five-year maintenance/monitoring program. Great Oak High School Tennis Court Lighting 1 This project installed lights around the tennis courts at Great Oaks High School. Construction started on July 31, 2013. The tennis courts were resurfaced during December 2013. Lights became operational on January 13, 2014. Pavement Rehabilitation Program - Ynez Road This project rehabilitated Ynez Road from Winchester Road to Solana Way. Construction is complete. Temecula Community Center Renovation City Council awarded the contract to LDCO, Inc. on June 11, 2013. First day of work was July 15, 2013. Work continues on interior and exterior. Roofing and Window installation started the week of 03/10/2014. French Valley Parkway Environmental Mitigation This project implemented the riparian mitigation requirement of the HMMP that was developed for the French Valley Parkway Interchange project. Work involved creation of a 2.73 acre riparian site through planting native plant species and removing non-native and invasive plant species. Construction started on October 2, 2012 and was completed November 5, 2012. This site will be monitored and maintained for five years. Roripaugh Ranch Street Improvements Phase II Contract was awarded on December 11, 2012. First day of work was January 14, 2013. Fine grading, retaining wall and underground utility work is ongoing. Project is not in liquidated damages. Pavement Rehabilitation Program - Rancho Vista Road This project rehabilitated Rancho Vista Road from Margarita Road to Paseo Goleta. Construction was substantially complete on August 13, 2013, just prior to the start of the school year at the nearby Temecula Valley High School. Community Recreation Center Picket Ornamental Fence Replacement This project replaced the picket ornamental fence at the Community Recreation Center (CRC). Construction was completed in January 2014. Pavement Rehabilitation Program - Rancho California Road This project will rehabilitate Rancho California Road from Jefferson Avenue to Ynez Road. Project was awarded to R.J. Noble at the July 23, 2013 City Council Meeting. Contractor is preparing the Traffic Control Plans and in the process of obtaining the Encroachment Permit from Caltrans. Due to the holidays, the project was postponed until the 1st quarter of 2014. CITYWIDE CONCRETE REPAIRS FY 2013-14 The City Council awarded the contract to Above All Names Construction Service at the August 27, 2013 City Council meeting. Project is complete. Contractor is submitting final items for the Notice of Completion. Pavement Rehabilitation Program - Bridge Decks 2 A Contract was awarded to Peterson -Chase General Engineering at the September 24, 2013 City Council meeting. Traffic control plan resubmittal approved on 03/04/14, methacrylate submittal under review. Due to temperature requirements associated with the methacrylate process, by mutual agreement with the contractor, beginning of construction is delayed until April/May of 2014. Preconstruction meeting to be held in April. Murrieta Creek Bridge -Overland Drive Phase 1 Demolition The City Council awarded the contract to Unlimited Environmental at the September 10, 2013 meeting. the demolition work started on November 4, 2013. Project is complete. Contractor is submitting the final items for the Notice of Completion. 3 PROJECTS IN DESIGN Murrieta Creek Bridge and Overland Drive Extension from Commerce Center to Diaz Rd The project includes the extension of Overland Drive from Commerce Center Drive to Diaz Road with a bridge over Murrieta Creek. Consultant is preparing an Environmental Assessment and Individual Permit Application for USACE. Western Bypass Bridge Over Murrieta Creek This project involves the design, environmental clearance, and construction of a new bridge over Murrieta Creek at the westerly terminus of Western Bypass and an extension of Pujol Street to the new structure. Once constructed, this will serve as the southerly connection of the Western Bypass Corridor. The Mitigated Negative Declaration was adopted. Applications to the various environmental agencies have been submitted. Review of the 100% Plans and Specs is on-going. Temecula Park and Ride (Temecula Parkway) This project designed a park and ride facility on Temecula Parkway at La Paz. The City received the 100% plans and all reports. The design is complete. On January 8, 2014, the Riverside County Transportation Commission approved Congestion Mitigation and Air Quality funds which will enable this project to move forward. The preparation of a federal NEPA environmental document is necessary. Updating of bid documents is in process. Old Town Gymnasium This projects involves the design of the approximately 9,000 square foot gymnasium adjacent the Boys & Girls Club on Pujol Street. Consultant is finalizing the design plans. Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect The project will provide a Class I bicycle trail that connects the existing Santa Gertrudis Creek Pedestrian/Bicycle Trail at Ynez Road to the Murrieta Creek Multi -Purpose Trail at Diaz Road. The alignment study has been completed. Extension of time for the Bicycle Transportation Account funds was approved on May 1, 2009. The consultant is working on 90% plans, specifications and estimate. 1-15 / SR -79S Ultimate Interchange Received Caltrans review comments on 95% PS&E (7th). Pavement Rehabilitation Program - Winchester Road This project will rehabilitate the portion of Winchester between Jefferson Avenue and Ynez Road. Caltrans has approved the plans and will issue the encroachment permits shortly. Federal funding authorization and environmental documentation is in process. Winchester Road is scheduled to bid on the fourth quarter of 2014. French Valley Parkway / Interstate -15 OverCrossing and Interchange Improvements - Phase!! Target submittal of 90% PS&E is March 2014. 4 Special Needs Play Structure This project will install play structure for youth and special needs kids upon completion. The Park and Recreation Subcommittee chose Margarita Park as the site of the improvements based on the conceptual plan. The Purchase/Install consultant agreement was approved by City Council on December 10, 2013 with construction scheduled for Spring 2014. Above ground splash pad components will be installed as a future phase to the project. Old Town Temecula Community Theater Remediation City Council approved the plans and specifications at the April 23, 2013 meeting. At the November 12, 2013 meeting, the City Council approved the Old Town Temecula Community Theater ADA Transition Plan. The project will be rebid with a construction start of March 1, 2015. PAVEMENT REHABILITATION PROGRAM - CITYWIDE, FY 2012/2013 This project will rehabilitate portions of Margarita Road, Ynez Road, Temecula Parkway, Overland Drive, and Old Town Front Street. 95% plans are under review. Old Town Front Street Storm Drain This project involves replacement of the cross gutter in Old Town Front Street, approximately 800 feet north of Temecula Parkway. Draft 100% plans was received on 02/25/2014 and are under review. Old YMCA Building Remediation City Council approved a design agreement with Meyer and Associates at the September 10, 2013 meeting. Design work is ongoing. Final report on damages is complete and is being presented to the City stakeholders. Fire Station 73 Living Quarters Upgrade The City Council approved the design contract on September 10, 2013. The Conceptual design has been expanded to update finishes throughout the Fire Station. The Fire Department has approved the conceptual design and the color board. Awaiting approval of conceptual design before construction documents can begin. 5 STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of February, 2013 IDATE STREET/CHANNEL/BRIDGEOF DESCRIPTION TOTAL COST ACCOUNT WORK SIZE CONTRACTOR: Rene's Commercial Management Date: 2/5/14 #02-14 CITYWIDE Application of Pre -Emergent herbicide to major arterials. TOTAL COST $ 16,275.50 Date: TOTAL COST Date: TOTAL COST Date: TOTAL COST CONTRACTOR: West Coast Arborists Date: 2/15/14 # 94672 CITYWIDE Annual Tree Trimming TOTAL COST $ 7630.00 Date: TOTAL COST CONTRACTOR: Date: TOTAL COST Date: TOTAL COST TOTAL COST ACCOUNT #5401 TOTAL COST ACCOUNT #5402 $23,905.50 TOTAL COST ACCOUNT #99-5402 R:\MAINTAMMOACTRPT DEPARTMENT OF PUBLIC WORKS MONTHLY ACTIVITY REPORT STREET MAINTENANCE DIVISION FISCAL YEAR 2013 - 2014 Date Submitted: March 5, 2014 Submitted By: Thomas Garcia Prepared By: Rodney Tidwell 3RD QUARTER Jan -14 Feb -14 Mar -14 FISCAL YEAR TO DATE SCOPE OF WORK Unit Cost WORK I COMPLETED E COST WORK COMPLETED COST WORK 1 COMPLETED COST WORK COMPLETED COST TOTAL COST FISCAL Y EAR ASPHALT CONCRETE Square Footage: Tons: $2.97 2,800 62 ; $ 8,316.00 ! 2,749 56,5 f 1$ 8,164.53 1 I $ - 125,783 8,401 $ 373,574.03 $ 233,623 17 PORTLAND CEMENT CONCRETE Square Footage: PCC Yards: $2.97 0 $ 1 0 $ - 0 $ - $ - $ $ STRIPING & PAVEMENT MARKINGS: Curb & Lines (linear feet): Painted Legends (each): Median Noses (each): Raised Pavement Markers (each): Thermo Plastic Legends (each): 50.07 $8.00 24,970 22 200 0 0 $ 74,160 90 $ 176.00 3,493 534 311 0 0 $ 244,51 $ 4,272.00 $ - $ - $ - I $ - 1 $ - t $ - $ - I $ - I $ 83,413 08 $ 12,544.00 $ - $ - 1 $ - 1 I $ 10,171.70 $ 38,624.00 $ 424.97 $ $ - SIGNS & BANNERS No of Signs REPLACED: Material (cost per sign): No. of Signs INSTALLED: Material (cost per sign): No of Signs REPAIRED: Material (cost per sign): No. of BANNERS installed. Christmas Wreaths installed $26 39 $50.00 $26 39 $50 00 $26.39 $50.00 9 $26.39 526.39 61 0 50 244 $ 1,609.79 $ 3,050.00 $ - $ - $ 1,319.50 e $ 2,500.00 $ 6,439.16 i $ - 68 3 70 0 $ 1,794.52 $ 3,400.00 $ 79.17 $ 150,00 $ 1,847.30 $ 3,500.00 $ - $ - 1 $ - 1 $ - 1 $ 1 $ 1 $ - f $ - I $ 1 $ - I $ 14,329.77 I $ 27,150.00 i $ 870,87 5 1,650.00 1 $ 20,953,66 11 $ 39,700.00 $ 14,989.52 $ 2,322.32 $ 16,071 51 $ 30,450 00 $ 4,750 20 $ 9,000.00 $ 24,463.53 $ 46,350.00 $ 23,434.32 GRAFFITI REMOVAL No of Locations: Square Footage: 34 966 79 1,535 f I ` I ! j DRAINAGE FACILITIES GLEANED Catch Basins: Down Drains: Under sidewalk Drains Detention Basins: 826.39 $26.39 $26.39 $26.39 122 0 0 15 $ 3,219.58 $ - $ $ 395.85 258 4 0 5 $ 6,808.62 $ 105.56 $ $ 131,95 1 $ - 1 $ - I $ - 11 - 1 $ 25,308 01 $ 712.53 $ 4,776.59 $ 3,668.21 $ 42,672.63 $ 26.39 $ 13,960.31 $ 2,955.68 TREES TRIMMED No. of Trees Trimmed: $26.39 7 ' $ 184,73 10 $ 263.90 i $ - 1 $ 18,103 54 $ 22,273 16 R.O.W. WEED ABATEMENT Area Abated (square feet): $0.034 350 I $ 11.90 0 $ - i $ I I $ 874.65 I $ 2,891 16 The Street Maintenance Division also responds to service requests for a SERVICE ORDER REQUESTS No of SOR's: variety of other reasons, the total 47 I number of Service Order Requests, some of which Include work reported k 4 above Is reported monthly. i 1�j Personnel assigned to the Street Maintenance Division are on-call and respond Overtime Hours: $39 59 to after hours 77 emergencies $ 3,048,43 or support City sponsored special events 999111; $ $ - i $ 31,315.69 $ 32,681.55 TOTALS $ 104,431.84 i $ 30,762.06 I $ - $ 868,472.44 $ 554,824.28 DEPARTMENT OF PUBLIC WORKS CONTRACTED MAINTENANCE WORK COMPLETED FISCAL YEAR 2013-2014 Date Submitted: March 5, 2014 Submitted By: Thomas Garcia Prepared By: Rodney Tidwell SCOPE OF WORK JANUARY FEBRUARY MARCH APRIL MAY JUNE Year to Date ASPHALT CONCRETE Square Footage Cost 0 ____w_____ _____ _____ _______ ____ 0___________, $ - PORTLAND CEMENT CONCRETE Square Footage 0__._ ____----- ___._._.__� _.___ �__��� Cost $ - DRAINAGE FACILITIES Channels (each) 00__ Cost_`_______ _______-______�__ ._ ________.. _Y___Y________......._ - _ _ $ 7,875.00 STRIPING AND PAVEMENT MARKINGS Striping (linear feet)...__.. _ _____________________.____. __ ___________ _... Sandblasting (linear feet) _ 0 _______ 0 0 .._..____________� _._____._0� 0_______ Legends (each)_____ 0 0 0 0 0 0_ Cost $ - $ 150,413.70 TREES Trees Trimmed 70 0 43 Trees Removed 0 __ _ 0 _—. _.v _ O __� �-- _ ___ __�. 0 Cost $ 4,970.00 $ - -__ $ - �_.------.._._- $$ ____________________________W____ 40,818.00 WEED ABATEMENT ROW Area Abated (Square Feet) 350 ______ W _ 0_ _ 350 Other Public Lands Abated (Square Feet) 0 _________ Cost $ 7,975.00 $ - $ - $ - $- $ 44,309.00 MISC. MAINT ACTIVITES Trash & Debris pick-up along City ROW Cost $ - $ - $ - $ - $ - $ - $ 346.00 Install 10 LF of 18" CMP Cost $ - $ - $ - $ - $ - $ - $ 1,500.00 TOTAL CONTRACTED MAINT COSTS $ 12,945.00 $ - $ - $ - $ - $- $ 245,261.70 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS STREET MAINTENANCE DIVISION GRAFFITI REMOVAL FISCAL YEAR 2013-2014 Month Number Square of Calls Footage Jul 137 3,193 Aug 169 2,623 Sep 138 2,382 Oct 47 1,360 Nov 53 1,562 Dec 94 4,808 Jan 34 966 Feb 79 1,535 Mar Apr May Jun Totals 751 18,429 6,000 5,000 4,000 3,000 2,000 1,000 180 160 140 120 60 - 40 - 20 0 — — _ a ._ 0 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Square Number Footage of Calls REQUESTS TO SPEAK 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. 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