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Home My WebLink About120914 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA DECEMBER 9, 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: 14-08 Resolution: 14-74 CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Temecula Valley High School Choir Invocation: Reverend Robert A. Nagy of Saint Thomas of Canterbury Episcopal Church Flag Salute: Council Member Mike Naggar ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards PRESENTATIONS/PROCLAMATIONS Presentation of 25th Anniversary Quilt to the City of Temecula by Regional Artists 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. 1 CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, 10 minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 That the City Council make a motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Approve the Action Minutes of November 25, 2014 RECOMMENDATION: 2.1 That the City Council approve the action minutes of November 25, 2014. 3 Approve the 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 Approve City Treasurer's Report as of October 31, 2014 RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as of October 31, 2014. 5 Receive and File Boards and Commissions Handbook (At the Request of Mayor Edwards and Council Member Naggar) RECOMMENDATION: 5.1 That the City Council receive and file the Boards and Commission Handbook. 2 6 Approve the Second Amendment with Karl C. Greene, III dba: Old Town Tire & Service, LLC for Non -Exclusive Vehicle Maintenance, Repair, and Tire Services RECOMMENDATION: 6.1 That the City Council approve the Second Amendment to the Agreement with Karl C. Greene, III dba: Old Town Tire & Service, LLC, in the amount of $45,000, to provide continued vehicle maintenance, repair, and tire services. 7 Initiation of Proceedings to Reestablish the Temecula Valley Tourism Business Improvement District Under the Property and Business Improvement District Law of 1994 RECOMMENDATION: 7.1 That the City Council adopt a resolution entitled: RESOLUTION NO.14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO ESTABLISH THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF 8 Approve the Landscape Maintenance Agreement with Caltrans for the Interstate 15 / State Route 79 South Ultimate Interchange, PW04-08 RECOMMENDATION: 8.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A LANDSCAPE MAINTENANCE AGREEMENT BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) AND THE CITY OF TEMECULA FOR THE INTERSTATE 15 / STATE ROUTE 79 SOUTH INTERCHANGE PROJECT 9 Award a Construction Contract to All American Asphalt for the Pavement Rehabilitation Program — Rancho California Road (Jefferson Avenue to Ynez Road), PW10-12 RECOMMENDATION: 9.1 Award a Construction Contract to All American Asphalt, in the amount of $729,000, for the Pavement Rehabilitation Program — Rancho California Road (Jefferson Avenue to Ynez Road), PW10-12; 9.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $72,900, which is equal to 10% of the contract amount; 3 9.3 Make a finding that the Pavement Rehabilitation Program — Rancho California Road (Jefferson Avenue to Ynez Road) is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 10 Award a Construction Contract to California Averland Construction, Inc. for the Old Town Temecula Community Theater Remediation, PW12-04 RECOMMENDATION: 10.1 Award a Construction Contract to California Averland Construction, Inc., in the amount of $2,349,000, for the Old Town Temecula Community Theater Remediation, PW 12-04; 10.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $469,800, which is equal to 20% of the contract amount; 10.3 Make a finding that the Theater Remediation is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 11 Approve the License Agreement with Dennis G. Munyon and Patricia Munyon for Use of the Oak Park Executive Suites Parking Lot in Old Town Temecula RECOMMENDATION: That the City Council approve the License Agreement with Dennis G. Munyon and Partricia Munyon, in the amount of $11,500 annually, for the use of Real Property at the Oak Park Executive Suites Parking Lot for additional public parking in Old Town Temecula. ******************** 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 ******************** 4 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 14-01 Resolution: No. CSD 14-05 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. 12 Approve the Action Minutes of November 25, 2014 RECOMMENDATION: 12.1 That the City Council approve the action minutes of November 25, 2014. CSD BUSINESS 13 Appointment of President and Vice President of the Temecula Community Services District for Calendar Year 2015 RECOMMENDATION: 13.1 Entertain motions from the Board of Directors to appoint the President, effective January 1, 2015, to preside until the end of Calendar Year 2015; 13.2 Entertain motions from the Board of Directors to appoint the Vice President, effective January 1, 2015, who will assume the duties of the President in the President's absence, and hold this office until the end of Calendar Year 2015. 5 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, January 13, 2015, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 6 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY — no meeting TEMECULA HOUSING AUTHORITY — no meeting TEMECULA PUBLIC FINANCING AUTHORITY — no meeting 7 RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 14 Accept the Declaration of Results of the November 4, 2014 General Municipal Election RECOMMENDATION: 14.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 4, 2014, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW 15 Appointment of Mayor and Mayor Pro Tem for Calendar Year 2015 RECOMMENDATION: 15.1 Entertain motions from the City Council Members to appoint the Mayor, effective January 1, 2015, to preside until the end of Calendar Year 2015; 15.2 Entertain motions from the City Council Members to appoint the Mayor Pro Tem, effective January 1, 2015, who will assume the duties of the Mayor in the Mayor's absence, and hold this office until the end of the Calendar Year 2015. DEPARTMENTAL REPORTS 16 City Council Travel/Conference Report — November 2014 CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, January 13, 2015, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 8 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.cityoftemecula.orq — and will be available for public review at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the City Clerk's Department, (951) 694- 6444. 9 Item No. 1 COUNCIL CONSENT CALENDAR Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA NOVEMBER 25, 2014 — 7:00 PM 5:30 P.M. — The City Council convened in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) The City Council will meet in closed session with its designated representatives to discuss labor negotiations pursuant to Government Code Section 54957.6. The City's designated representatives are: City Manager Aaron Adams, City Attorney Peter Thorson, Assistant City Manager Greg Butler, Director of Finance Jennifer Hennessy, and Sr. Human Resources Analyst Isaac Garibay. The employee organization is the California Teamsters Public, Professional and Medical Employees Union Local 911. 2) CONFERENCE WITH LEGAL COUNSEL—POTENTIAL LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to one matter of potential litigation. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City. 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 5:30 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 7:01 P.M. CALL TO ORDER: Prelude Music: Invocation: Flag Salute: ROLL CALL: PUBLIC COMMENTS The following individual addressed the City Council: • Leslee Cochrone, MD Mayor Maryann Edwards Temecula Strings Youth Orchestra, Youth Choir and Children's Choir Pastor Mel Cratsley of Grace Fellowship Church Mayor Pro Tem Jeff Comerchero Comerchero, Naggar (absent), Roberts, Washington, Edwards Action Minutes 112514 1 CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (4-0, Council Member Naggar absent) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Roberts, Washington and Edwards with Council Member Naggar absent. RECOMMENDATION: 1.1 That the City Council make a motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Approve the Action Minutes of November 18, 2014 — Approved Staff Recommendation (3-0-1, Council Member Comerchero abstain, Council Member Naggar absent) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Roberts, Washington and Edwards with Council Member Comerchero abstaining because he did not attend the November 18, 2014 City Council Meeting and Council Member Naggar absent. RECOMMENDATION: 2.1 That the City Council approve the action minutes of November 18, 2014. 3 List of Demands — Approved Staff Recommendation (4-0, Council Member Naggar absent) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Roberts, Washington and Edwards with Council Member Naggar absent. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 14-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approve Amendment No. 1 to the Construction Cooperative Agreement with Caltrans for Construction of the Interstate 15/State Route 79 South Interchange Improvements, PW04-08 — Approved Staff Recommendation (4-0, Council Member Naggar absent) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval by Council Members Comerchero, Roberts, Washington and Edwards with Council Member Naggar absent. Action Minutes 112514 2 RECOMMENDATION: 4.1 That the City Council approve Amendment No. 1 to the Construction Cooperative Agreement (District Agreement 08-1515, City Agreement 12-025) with Caltrans, in the amount of approximately $50,000, for construction of the Interstate 15/State Route 79 South Interchange Improvements, PW04-08. RECESS At 7:12 P.M., the City Council recessed and convened to the Temecula Community Services District Meeting. At 7:14 P.M., the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 6 Appointment of Community Services Commissioners — Approved Subcommittee Recommendation (3-0-1, Council Member Roberts abstain, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval by Council Members Comerchero, Washington and Edwards with Council Member Roberts abstaining for personal preference and Council Member Naggar absent. RECOMMENDATION: 6.1 That the City Council appoint one applicant, Cecilie Nelson, to serve an unexpired term on the Community Services Commission through October 10, 2015, and appoint one applicant, Dale Borgeson, to serve a full-term on the Community Services Commission through October 10, 2017. 7 Appointment of Public/Traffic Safety Commissioners — Approved Subcommittee Recommendation (4-0, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval by Council Members Comerchero, Washington, Roberts and Edwards with Council Member Naggar absent. RECOMMENDATION: 7.1 That the City Council appoint two applicants to each serve a full three-year term on the Public/Traffic Safety Commission through October 10, 2017. 8 Approve Naming the Multi -Purpose Room at the Community Recreation Center (CRC) as the Perry Peters Room (At the Request of Council Members Washington and Naggar) — Approved Staff Recommendation (4-0, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval by Council Members Comerchero, Washington, Roberts and Edwards with Council Member Naggar absent. Action Minutes 112514 3 RECOMMENDATION: 8.1 That the City Council approve naming the Multi -Purpose room at the Community Recreation Center (CRC) as the Perry Peters Room. DEPARTMENTAL REPORTS 9 Community Development Monthly Report 10 Police Department Monthly Report 11 Public Works Department Monthly Report CITY MANAGER REPORT City Attorney Thorson advised there was no reportable action under the Brown Act. ADJOURNMENT At 7:36 P.M., the City Council meeting was formally adjourned to Tuesday, December 9, 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: Randi Johl-Olson, JD, MMC City Clerk [SEAL] Action Minutes 112514 4 Item No. 3 TO: FROM: DATE: SUBJECT: Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT City Manager/City Council Jennifer Hennessy, Finance Director December 9, 2014 Approve the 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 $ 1,592,472.70. 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 9th day of December, 2014. Maryann Edwards, Mayor ATTEST: Randi Johl-Olson, JD, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl-Olson, JD, MMC, 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 9th day of December, 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Randi Johl-Olson, JD, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 11/13/2014 TOTAL CHECK RUN $ 412,165.90 11/20/2014 TOTAL CHECK RUN 774,292.74 11/20/2014 TOTAL PAYROLL RUN: 406,014.06 TOTAL LIST OF DEMANDS FOR 12/09/2014 COUNCIL MEETING: $ 1,592,472.70 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 464,567.69 135 BUSINESS INCUBATOR RESOURCE 1,149.09 140 COMMUNITY DEV BLOCK GRANT 984.31 150 AB 2766 FUND 1,704.90 165 SARDA AFFORDABLE HOUSING 2,021.82 190 TEMECULA COMMUNITY SERVICES DISTRICT 136,012.39 192 TCSD SERVICE LEVEL B 80,259.33 194 TCSD SERVICE LEVEL D 193,212.08 196 TCSD SERVICE LEVEL '12' LAKE PARK MAINT. 5,123.83 197 TEMECULA LIBRARY FUND 16,362.47 210 CAPITAL IMPROVEMENT PROJECTS FUND 97,011.12 300 INSURANCE FUND 7,231.86 320 INFORMATION TECHNOLOGY 20,197.55 330 CENTRAL SERVICES 5,830.49 340 FACILITIES 28,836.74 375 SUMMER YOUTH EMPLOYMENT PROGRAM 17.98 380 SARDA DEBT SERVICE FUND 97,704.00 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 1,701.34 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,701.34 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 1,143.08 475 C141303-3 WOLF CREEK DEBT SERVICE FUND 1,701.33 476 0111) 03-6 HARVESTON 2 DEBT SERVICE FUND 1,701.33 477 CFD- RORIPAUGH 1,701.34 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 33.27 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 22.39 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 1,170.51 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 780.47 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 447.74 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 9.72 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 370.83 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 372.27 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 0.82 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 4.18 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 2.81 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 60.92 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 1,056.55 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 245.19 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 6.59 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 15.13 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 1.28 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 454.29 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 610.98 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 393.08 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 4,794.48 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 3.30 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 176.19 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 2,837.17 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 25.04 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 1.08 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 28.73 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 4,626.71 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 29.51 $ 1,186,458.64 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 256,860.19 140 COMMUNITY DEV BLOCK GRANT 2,291.37 165 SARDA AFFORDABLE HOUSING 3,999.43 190 TEMECULA COMMUNITY SERVICES DISTRICT 96,022.35 192 TCSD SERVICE LEVEL B 246.32 194 TCSD SERVICE LEVEL D 2,087.63 196 TCSD SERVICE LEVEL "I1' LAKE PARK MAINT. 496.44 197 TEMECULA LIBRARY FUND 865.95 300 INSURANCE FUND 2,466.42 320 INFORMATION TECHNOLOGY 21,633.00 330 SUPPORT SERVICES 6,242.86 340 FACILITIES 10,300.98 375 SUMMER YOUTH EMPLOYMENT PROGRAM 115.17 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 87.64 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 58.79 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 70.01 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 12.68 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 141.53 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 25.62 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 36.35 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 240.36 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.52 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 10.79 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 7.44 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 160.41 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 34.27 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 19.80 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 17.28 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 39.95 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.52 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 148.64 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 79.50 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 215.62 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 364.79 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 8.69 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 9.48 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 205.16 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 66.13 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 3.04 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 9.48 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 302.52 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 3.94 406,014.06 TOTAL BY FUND: $ 1,592,472.70 apChkLst Final Check List Page: 1 11/13/2014 11:10:03AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description 2569 11/06/2014 000246 PERS (EMPLOYEES' PERS RETIREMENT PAYMENT RETIREMENT) Amount Paid Check Total 38,500.50 38,500.50 167707 11/13/2014 016764 ABM BUILDING SERVICES, LLC hvac improvements: theater 1,729.11 leak repair Munter # 1, unit low on 167708 11/13/2014 003951 ALL AMERICAN ASPHALT asphalt products:street maint citywide 167709 11/13/2014 009787 ALTEC INDUSTRIES INC 794.88 2,523.99 107.38 107.38 Vehicle maint srvcs: pw traffic 815.70 Vehicle maint srvcs: pw traffic 167710 11/13/2014 013015 ALWAYS RELIABLE BACKFLOW backflow testing & repairs:various parks backflow tests: various facilities backflow testing:various medians backflow testing: seraphina slope s-27 167711 11/13/2014 001323 ARROWHEAD WATER INC 167712 11/13/2014 017397 BSA TROOP 148 167713 11/13/2014 001035 C R & R INC 167714 11/13/2014 013265 CALIF BUILDING 167715 11/13/2014 000638 CALIF DEPT OF CONSERVATION 167716 11/13/2014 010939 CALIF DEPT OF INDUSTRIAL 167717 11/13/2014 014316 CALLAHAN, JENNIFER 509.00 1,324.70 1,225.00 175.00 50.00 25.00 1,475.00 DRINKING WATER: VAR FACILITIES— 19.71 19.71 refund:sed dep: tcc multipurpose room 200.00 200.00 balance due of refuse & recycle 192,298.32 192,298.32 2014 3rd Qtr pmt of SB1473 895.00 895.00 2014 3rd Qtr pmt:strong motion 3,198.62 3,198.62 139737 elevator insp: Theater 675.00 675.00 Reimb: supplies Veterans Day celebration 123.02 123.02 167718 11/13/2014 004228 CAMERON WELDING SUPPLY HELIUM TANK REFILLS:SPECIAL 74.96 EVENTS HELIUM TANK REFILLS:SPECIAL EVENT: 74.96 149.92 167719 11/13/2014 017380 CARBERRY, SUSAN gingerbread demonstration: tcsd 100.00 100.00 167720 11/13/2014 013379 COSSOU, CELINE TCSD Instructor Earnings 207.20 TCSD Instructor Earnings 181.30 388.50 167721 11/13/2014 001264 COSTCO TEMECULA #491 Business developmentworkshop:tve2 29.38 29.38 167722 11/13/2014 004329 COSTCO TEMECULA#491 Misc pgrm supplies:human services 55.14 55.14 Pagel apChkLst Final Check List Page: 2 11/13/2014 11:10:03AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 167723 11/13/2014 016884 CREATIVE DATA SOLUTIONS TCSD Instructor Earnings 336.00 336.00 167724 11/13/2014 000209 CROP PRODUCTION SERVICES EQUIPMENT MAINT: STA 73 43.47 43.47 167725 11/13/2014 007057 DERNBACH, ESTHER MARIE TCSD instructor earnings 731.50 731.50 167726 11/13/2014 003945 DIAMOND ENVIRONMENTAL 11/03-11/30 portable rstrm svc:GOHS 52.80 52.80 SRVCS 167727 11/13/2014 017395 DIAZ, YOCO refund:sec dep:harveston center mpr 200.00 200.00 167728 11/13/2014 004192 DOWNS ENERGY FUEL & Fuel for City vehicles: 1,156.32 LUBRICANTS Fuel for City vehicles: pw Fuel for City vehicles: tcsd Fuel for City vehicles: pw traffic Fuel for City vehicles: bldg & safety Fuel for City vehicles: plan & code enf Fuel for City vehicles: land dev & npdes Fuel for City vehicles: tcsd 1,110.69 631.50 313.79 264.10 119.36 94.60 44.38 167729 11/13/2014 002390 EASTERN MUNICIPAL WATER Oct water meter:32131 S Loop rd Idsc 673.03 DIST Oct water meter:32131 S Loop rd bldg 107.10 Oct water meter:32131 S Loop rd dcda 3,734.74 51.00 831.13 167730 11/13/2014 000165 FEDERAL EXPRESS INC 10/21-10/28 Express mail services 85.21 85.21 167731 11/13/2014 003347 FIRST BANKCARD CENTER 014583 PALUMBO'S RISTORANTE, LLC 003964 OFFICE DEPOT BUSINESS SVS DIV RR SWT -Now meeting 10/22 138.78 JC Misc office supplies: city council 37.79 013703 LAKE ELSINORE VALLEY JC Lake Elsinore State of the City: 33.00 209.57 CHAMBER 167732 11/13/2014 011145 FOSTER, JILL CHRISTINE 167733 11/13/2014 007866 G C S SUPPLIES INC 167734 11/13/2014 003946 G T ENTERTAINMENT 167735 11/13/2014 017394 GARCIA, CARLOS TCSD instructor earnings 2,674.39 TCSD instructor earnings 1,701.00 TCSD instructor earnings 1,569.75 5,945.14 Misc toner & ink for printers:info tech 1,036.80 1,036.80 DJ services:Health Fair 2014 475.00 475.00 refund:sec dep:tcc multipurpose room 150.00 150.00 Page2 apChkLst Final Check List Page: 3 11/13/2014 11:10:03AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description 167736 11/13/2014 005405 GILLILAND, ROBIN Reimb: items needed for Harveston Center Amount Paid Check Total 86.15 86.15 167737 11/13/2014 000177 GLENNIES OFFICE PRODUCTS Oct 14 misc offce supplies: pw 346.32 INC Oct 14 misc offce supplies:aquatics MISC. OFFICE SUPPLIES:FINANCE DEPT Oct 14 misc offce supplies: city clerk Oct 14 misc offce supplies:eco dev 167738 11/13/2014 008081 HALL & FOREMAN INC Sep 14 Cnsltnt srvcs:citywide pave rehab 142.88 72.21 65.15 31.87 658.43 371.97 371.97 167739 11/13/2014 000186 HANKS HARDWARE INC Oct 14 misc hardware supplies: 800.84 Oct 14 misc hardware supplies: pw maint 539.64 OCT 14 MISC HARDWARE SUPPLIES: FIF 436.84 Oct 14 misc hardware supplies: 201.08 Oct 14 misc hardware supplies: tcc 79.76 Oct 14 misc hardware supplies: maint fac 57.34 Oct 14 misc hardware supplies: tvm 25.44 2,140.94 167740 11/13/2014 001135 HEALTHPOINTE MEDICAL Pre-employment drug screenings:HR 45.00 45.00 GROUP INC 167741 11/13/2014 016298 HORN CLINIC, THE Settlement:Speakeasy..Merc 11/08/14 420.00 420.00 167742 11/13/2014 010766 INLAND VALLEY SYMPHONY performance:veterans day event 11/11 2,000.00 2,000.00 167743 11/13/2014 013286 INTRADO, INC. Nov Enterprise 911 svc: IT 250.00 250.00 167744 11/13/2014 017118 KRACH, BREE B. awards/plaques: tcsd 63.02 63.02 167745 11/13/2014 013879 LAKESHORE LEARNING Supplies:CRC Classes and Activities 48.86 48.86 MATERIALS 167746 11/13/2014 016110 LDCO, INC. Ret:Sep 14 const contract:TCC renovation 76,313.90 76,313.90 167747 11/13/2014 004412 LEANDER, KERRY D. TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 167748 11/13/2014 008820 NEIGHBORS NEWSPAPER Advertising:Hot Summer Nights 167749 11/13/2014 017396 PINA, ELVIA refund:sec dep:harveston center mpr 1,050.00 182.00 126.00 45.50 1,403.50 250.00 250.00 150.00 150.00 Page:3 apChkLst Final Check List Page: 4 11/13/2014 11:10:03AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 167750 11/13/2014 002185 POSTMASTER 167751 11/13/2014 002412 RICHARDS WATSON & GERSHON 167752 11/13/2014 000353 RIVERSIDE CO AUDITOR 167753 11/13/2014 014347 ROBERTS, PATRICIA G. 167754 11/13/2014 009213 SHERRY BERRY MUSIC 167755 11/13/2014 000537 SO CALIF EDISON (Continued) Description Amount Paid Check Total Postage for Wntr/Sprg '15 Rec Guides 8,740.53 8,740.53 Aug 2014 legal services 4,116.05 4,116.05 Sept '14 prkg citation assessments 2,489.50 2,489.50 TCSD Instructor Earnings 411.60 411.60 Jazz @ the Merc 11/6 409.50 409.50 Oct 2-28-629-0507:30600 Pauba Rd Oct 2-02-351-5281:30875 Rancho vista Oct 2-27-805-3194:42051 Main St Oct 2-30-220-8749:45850 N Wolf Crk Oct 2-29-458-7548:32000 Rancho Cal Oct 2-02-502-8077:43210 Bus park dr Oct 2-36-531-7916:44205 Main St Oct 2-29-657-2563:42902 Butterfield stg Oct 2-35-421-1260:41955 4th St LS3 Oct 2-29-974-7899:26953 Ynez Rd LS3 Oct 2-29-479-2981:31454 Tem pkwy TC1 Oct 2-31-936-3511:46488 Pechanga pkwy Oct 2-25-350-5119:45602 Redhawk pkwy Oct 2-36-122-7820:31777 Deportola Rd Oct 2-31-031-2590:28301 Rancho Cal 167756 11/13/2014 012652 SOUTHERN CALIFORNIA NOV GEN USAGE:0141,0839,2593,9306 167757 11/13/2014 016262 STEVE ADAMIAK GOLF INSTRUCTION 167758 11/13/2014 017404 TAKLA, MIRANDA 167759 11/13/2014 017398 TEMECULA VALLEY H & I 167760 11/13/2014 010276 TIME WARNER CABLE 7,473.18 4,638.52 3,707.72 347.38 315.94 298.00 241.54 211.00 181.77 161.52 118.52 52.59 29.03 27.67 23.96 17,828.34 492.80 492.80 TCSD Instructor Earnings 892.50 TCSD Instructor Earnings 630.00 TCSD Instructor Earnings 336.00 1,858.50 Reimb:Poster Frames/Theater 336.87 336.87 refund:sec dep:mpsc multipurpose room 200.00 200.00 Nov high speed internet:40135 Village Rd 319.00 Nov high speed internet:41000 Main St 56.32 Nov high speed internet:40820 Winchester 3.16 378.48 167761 11/13/2014 014866 TWM ROOFING, INC roof prey maint srvcs:var facilities 12,250.00 12,250.00 Page:4 apChkLst Final Check List Page: 5 11/13/2014 11:10:03AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 167762 11/13/2014 009512 WURMS JANITORIAL Nov janitorial svcs:City facs 21,899.53 21,899.53 SERVICES, INC 167763 11/13/2014 000348 ZIGLER, GAIL Reimb:supplies for tve2 anniv/art 91.89 91.89 1000257 11/07/2014 017385 DINGILLO, MIKE refund:temecula rod run:moved car spot 15.00 15.00 1000258 11/07/2014 017387 EDGARDO, LAGRIMAS refund:sec dep:harveston center mpr 200.00 200.00 1000259 11/07/2014 017386 LINDEN, AMY refund:sec dep:harveston center mpr 200.00 200.00 1000260 11/07/2014 017388 SIDDALL, ELIZABETH refund:bright start for kids:class cxld 150.00 150.00 Grand total for UNION BANK OF CALIFORNIA: 412,165.90 Page:5 apChkLst Final Check List Page: 6 11/13/2014 11:10:03AM CITY OF TEMECULA 62 checks in this report. Grand Total All Checks. 412,165.90 Page:6 apChkLst Final Check List Page: 1 11/20/2014 2:23:05PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 2572 11/14/2014 000621 WESTERN RIVERSIDE Oct 2014 TUMF Payment 139,724.00 139,724.00 COUNCIL OF 2573 11/20/2014 000194 I C M A RETIREMENT -PLAN I C M A RETIREMENT TRUST 457 4,439.99 4,439.99 303355 PAYMENT 2574 11/20/2014 000444 INSTATAX (EDD) STATE TAX PAYMENT 21,801.68 21,801.68 2575 11/20/2014 000283 INSTATAX (IRS) FEDERAL INCOME TAXES PAYMENT 78,278.79 78,278.79 2576 11/20/2014 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT 2,976.54 2,976.54 SOLUTION PAYMENT 2577 11/20/2014 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT 8,620.39 8,620.39 SOLUTION 2578 11/20/2014 000246 PERS (EMPLOYEES' PERS RETIREMENT PAYMENT 37,737.95 37,737.95 RETIREMENT) 2579 11/20/2014 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT 1,439.52 1,439.52 SUPPORT 167764 11/20/2014 017421 AAUWCA SPF grant funds for tech trek project 1,000.00 1,000.00 167765 11/20/2014 013367 ACTIVE MICRO INC Misc. tools & equip.: pw traffic 525.96 525.96 167766 11/20/2014 016823 ADURI YOGA TCSD Instructor Earnings 403.20 403.20 167767 11/20/2014 015083 AIR GAS USA, LLC Misc Stage Supplies: Theater 33.81 33.81 167768 11/20/2014 001916 ALBERT A WEBB ASSOCIATES p/e 10/25 Consult srvcs:csd svc levels 19,671.68 19,671.68 167769 11/20/2014 009374 ALLEGRO MUSICAL VENTURES Piano tuning & maint:library 185.00 185.00 167770 11/20/2014 006915 ALLIE'S PARTY EQUIPMENT party rental equip: linen 19.80 Misc rental equip:TVE2 Anniv event 130.58 150.38 167771 11/20/2014 004422 AMERICAN BATTERY CORPORATION Signal batteries: pw traffic 1,067.38 1,067.38 167772 11/20/2014 004240 AMERICAN FORENSIC NURSES Phlebotomy srvcs:temecula police (AFN) 585.18 585.18 Pagel apChkLst Final Check List Page: 2 11/20/2014 2:23:05PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 167773 11/20/2014 002187 ANIMAL FRIENDS OF THE VALLEYS 167774 11/20/2014 000101 APPLE ONE INC 167775 11/20/2014 004623 AQUA SOURCE INC 167776 11/20/2014 017149 B G P RECREATION, INC. 167777 11/20/2014 011954 BAKER & TAYLOR INC (Continued) Description Sep 14 Animal control srvcs:temecula Temporary staff:Gordon, L & Porche, D pool chlorination supplies: tes pool TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings Temecula Library: Misc. collections. Temecula Library: Misc. collections. Temecula Library: Misc. collections. Temecula Library: Misc. collections. Amount Paid Check Total 10,000.00 10,000.00 2,568.17 2,568.17 1,568.16 1,568.16 1,506.40 1,506.40 3,351.60 300.75 414.04 39.32 52.63 6,364.40 806.74 167778 11/20/2014 015592 BAMM PROMOTIONAL SHIRTS: PLANNING & TCSD 105.71 105.71 PRODUCTS, INC 167779 11/20/2014 002377 BEST BUY COMPANY INC Computer puchase prgm: Menzimer, K 2,000.00 2,000.00 167780 11/20/2014 004262 BIO-TOX LABORATORIES Drug & alcohol analysis:temecula police 831.20 831.20 167781 11/20/2014 014284 BLAKELY'S TRUCK SERVICE veh maint and repair:street maint 578.81 578.81 167782 11/20/2014 012583 BLANCAY PRICE Aug Ldscp plan check/inspection:planning 13,330.00 13,330.00 167783 11/20/2014 008605 BONTERRA PSOMAS 8/22-9/25 CNSLTNG SVCS:RRSP DEST 1,604.55 1,604.55 BASIN 167784 11/20/2014 017115 BUREAU OF OFFICE Oct 14 Transcription srvcs:police 136.07 136.07 SERVICES, INC 167785 11/20/2014 011383 CAL STATE SAN MARCOS Funding: Cal State San Marcos 97,704.00 97,704.00 UARSC 167786 11/20/2014 004248 CALIF DEPT OF Oct 14 DOJ alcohol analysis:tem police 1,120.00 JUSTICE-ACCTING Oct 14 fingerprinting svcs: pd, hr & 4,458.00 5,578.00 167787 11/20/2014 017407 CALVILLO CISNEROS, LETICIA refund:sec dep:crc multipurpose room 200.00 200.00 167788 11/20/2014 000131 CARL WARREN & COMPANY Oct 14 Claim adjuster services 2,306.08 2,306.08 INC Page2 apChkLst Final Check List Page: 3 11/20/2014 2:23:05PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 167789 11/20/2014 004006 CARROLL, JOSEPH Executive staff photo Tom Garcia: pw Amount Paid Check Total 284.04 284.04 167790 11/20/2014 004462 CDW, LLC Ergonomic computer equip: land dev 279.32 Misc small tools & equip:lnfo Tech 277.78 Ergoton desk mount:West, Dale 31.27 Ergoton desk mount:West, Dale 135.50 723.87 167791 11/20/2014 009640 CERTIFION CORPORATION OCT 14 ONLINE DATABASE 150.00 150.00 SUBSCRIPTION:PD 167792 11/20/2014 017414 CHAMBER MARKETING Advertising Insertion Order: theater 1,200.00 1,200.00 PARTNERS INC 167793 11/20/2014 014726 CHAPTER 13 STANDING SUPPORT PAYMENT 205.85 205.85 TRUSTEE 167794 11/20/2014 000137 CHEVRON AND TEXACO Oct City vehicles fuel:Police 1,691.49 1,691.49 167795 11/20/2014 005417 CINTAS FIRST AID & SAFETY misc first-aid supplies: varfacilities 697.80 697.80 167796 11/20/2014 004405 COMMUNITY HEALTH COMMUNITY HEALTH CHARITIES 24.00 24.00 CHARITIES PAYMENT 167797 11/20/2014 002945 CONSOLIDATED ELECTRICAL misc electrical supplies:var park sites 466.56 466.56 DIST. 167798 11/20/2014 014663 CONTROL TECH WEST, INC. Traffic adaptive srvcs: pw traffic 2,625.00 2,625.00 167799 11/20/2014 014521 COSTAR GROUP Nov 14 web subscription:Eco Dev 397.13 397.13 INFORMATION, INC 167800 11/20/2014 001264 COSTCO TEMECULA#491 Business development workshop:tve2 500.00 500.00 167801 11/20/2014 004329 COSTCO TEMECULA#491 Program supplies: cultural arts events Misc Supplies:CRC & Skate Park Misc. supplies:var csd special events Misc. supplies:var csd special events Misc pgrm supplies:human services Misc pgrm supplies:human services Misc Supplies:CRC & Skate Park 212.64 20.82 213.70 460.98 104.49 180.54 311.66 1,504.83 Page:3 apChkLst 11/20/2014 2:23:05PM Final Check List CITY OF TEMECULA Page: 4 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 167802 11/20/2014 010650 CRAFTSMEN PLUMBING & HVAC INC 167803 11/20/2014 000209 CROP PRODUCTION SERVICES 167804 11/20/2014 001393 DATA TICKET, INC. 167805 11/20/2014 004192 DOWNS ENERGY FUEL & LUBRICANTS 167806 11/20/2014 017410 ENGELS, LISA 167807 11/20/2014 001056 EXCEL LANDSCAPE, INC. Description Station Maintenance: Sta 95 facility rehab:install floor santa's complete fire alarm installation:jrc hvac back-up motor install hvac motor: of sound boxes Santa play house improvements EQUIPMENT MAINT: STA 73 Oct 14 Parking citation Fuel for City vehicles: pw Fuel for City vehicles: Fuel for City vehicles: Fuel for City vehicles: Fuel for City vehicles: Fuel for City vehicles: Fuel for City vehicles: Fuel for City vehicles: Fuel for City vehicles: Fuel for City vehicles: tcsd police dept pw police dept pw maint pw traffic land dev,cip, bldg & safety code enforcement refund:appeal of cell antenna IRRIGATION REPAIRS: S-07 RIDGEVIEW IRRIGATION REPAIRS: S-24 HARVESTON irrigation repairs: S-14 mirada slope irrigation repairs: S-05 signet series irrigation repairs: S-21 L vail ranch irrigation repairs: S-21 F vail ranch IRRIGATION REPAIRS: S -08M RANCHO V IRRIGATION REPAIRS: S -20E CROWNE !- irrigation irrigation repair: F-02 senior center replace mow curb: sam hicks park install tree bubblers: S-04 vineyards landscape improvements: flower irrigation repairs: wolf creek landscape improvements: flower median repair & maint:M-05A margarita irrigation repairs: S -24B harveston irrigation repairs: S -24H harveston irrigation repairs: S -24F harveston irrigation repairs: S-18 temeku hills median repair & maint.: M-02 harveston irrigation repairs: S-04 Vineyards Amount Paid Check Total 130.00 1,800.00 3,930.00 897.11 340.00 1,100.00 189.66 1,044.55 53.28 420.18 113.06 1,027.30 116.93 535.12 318.58 308.41 191.45 92.91 394.00 357.00 121.46 237.71 393.99 155.06 371.28 281.22 311.38 89.40 640.00 450.00 624.00 344.41 120.00 193.49 206.87 166.46 259.18 397.94 244.80 325.55 8,197.11 189.66 1,044.55 3,177.22 394.00 6,291.20 Page:4 apChkLst Final Check List Page: 5 11/20/2014 2:23:05PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 167808 11/20/2014 003347 FIRST BANKCARD CENTER 017127 ASSOCIATION OF ENVIRONMENTAL 008956 PANERA BREAD 017347 SECURE DATA RECOVERY SVCS 006952 PAYPAL 017127 ASSOCIATION OF ENVIRONMENTAL 015494 BEACON ECONOMICS 167809 11/20/2014 002982 FRANCHISE TAX BOARD 167810 11/20/2014 000795 FRED PRYOR SEMINARS -CARE E RTRAC 167811 11/20/2014 016184 FUN EXPRESS, LLC 167812 11/20/2014 001937 GALLS INC 167813 11/20/2014 000177 GLENNIES OFFICE PRODUCTS INC 167814 11/20/2014 008081 HALL & FOREMAN INC 167815 11/20/2014 000186 HANKS HARDWARE INC 167816 11/20/2014 006250 HAZ MAT TRANS INC 167817 11/20/2014 017406 HERB SELLERS 167818 11/20/2014 010210 HOME DEPOT SUPPLY INC, THE 167819 11/20/2014 003198 HOME DEPOT, THE (Continued) Description AV '14 CEQA essentials: Atkins, J 11/10 AV rfrshmnts comm dev webinar 10/22 JH payment agreement case # 70186 JH Verisign Payflow Pro Transaction AV '14 CEQA essentials: watson, weaver AV '14 riv/san bernardino conf: Weaver SUPPORT PAYMENT Staff training:lnfo Tech: Long, Sara Staff training:Info Tech: Ross, Tatiana Staff training:Info Tech: Gutierrez, Staff training:lnfo Tech: Kafarah, !man Staff training:lnfo Tech: Desens, Josh Staff training:lnfo Tech: Blakely, Misc. supplies:aquatics pgrm supplies:25th anniv celeb/veterans day Misc supplies:Police volunteers OCT 14 MISC OFFCE SUPPLIES:FIRE DEPT Oct 14 misc offce supplies:info tech 8/30-9/26 Design srvcs: library parking 8/30-9/26 engsrvcs: old town storm drain Oct 14 misc hardware supplies: harveston Oct 14 misc hardware supplies: traffic hazardous waste disposal srvc: st maint refund:over pmt temecula rod run entry misc maint supplies:pw street maint NEW LOCK FENCE: CHAPEL REHAB Misc maint supplies:civic center 167820 11/20/2014 004406 IGOE & COMPANY INC Nov 14 flex benefit plan pmt Amount Paid Check Total 200.00 133.86 1,875.00 59.95 400.00 125.00 2,793.81 150.00 150.00 199.00 199.00 199.00 199.00 199.00 199.00 1,194.00 126.00 223.98 349.98 5.39 5.39 872.28 622.97 1,495.25 4,592.50 1,020.00 5,612.50 33.98 768.71 802.69 3,384.91 3,384.91 15.00 15.00 125.00 125.00 145.20 18.14 163.34 160.00 160.00 Page:5 apChkLst Final Check List Page: 6 11/20/2014 2:23:05PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 167821 11/20/2014 016564 IMPACT TELECOM OCT 800 SERVICES:CIVIC CENTER 167822 11/20/2014 015089 IN THE MIX SOUND SOUND/LIGHTING & MISC SUPPLIES:THEATER 167823 11/20/2014 005449 INLAND EMPIRE FIRE explorer post advisor: bonilla, Chris EXPLORER 167824 11/20/2014 013695 INLAND EMPIRE SHRED IT 167825 11/20/2014 011228 INLAND PLANNING AND DESIGN INC 167826 11/20/2014 003266 IRON MOUNTAIN OFFSITE 167827 11/20/2014 015673 JDS VIDEO & MEDIA PRODUCTIONS 167828 11/20/2014 010412 JOHNSON POWER SYSTEMS 167829 11/20/2014 000820 K R W & ASSOCIATES 167830 11/20/2014 015358 KELLY PAPER COMPANY, INC. Amount Paid Check Total 55.18 55.18 4,436.72 4,436.72 50.00 50.00 Shred srvcs:temecula police 15.75 Shred Services: Records Division 15.75 Shred Services: Records Division 63.00 Shred Services: Records Division 17.48 Shred srvcs:temecula police 15.75 127.73 Jul -Oct 14 dsgn guidelines:Uptown Jeff 2,400.00 2,400.00 Offsite Media Storage - Records 634.65 634.65 VIDEO PRODUCTION SRVCS:ECO DEV 850.00 VIDEO PRODUCTION SRVCS:ECO DEV 450.00 1,300.00 emerg generator prey maint: Fire Sta#95 501.70 EMERG GENERATOR PREV MAINT:FIRE 501.70 EMERG GENEATOR PREV MAINT: CRC 552.69 emerg generator prey maint:civic center 680.55 emerg generator prey maint: FOC 668.34 emerg generator prey maint:facilities 548.48 emerg generator prey maint: Fire Sta#84 507.49 emerg generator prey maint:Fire Sta#73 501.68 EMERG GENERATOR PREV MAINT: LIBR 547.57 5,010.20 OCT 14 ENG PLAN CK SRVC & STORM 3,135.00 3,135.00 DRAIN RE misc paper supplies:central services 1,100.62 1,100.62 167831 11/20/2014 017420 KELLY-LEHNER, LYNN reimb: refreshments for energov go live 167832 11/20/2014 016399 KITCHEN STATION LLC, THE TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 130.51 130.51 67.50 67.50 67.50 67.50 67.50 337.50 Page:6 apChkLst Final Check List Page: 7 11/20/2014 2:23:05PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor (Continued) Description Amount Paid Check Total 167833 11/20/2014 014817 LAPP, JEREMY SCOTT Settlement:Cabaret...Merc 11/16/14 654.50 654.50 167834 11/20/2014 017423 LUM, KAMI refund:lost materials returned to librar 34.99 34.99 167835 11/20/2014 004813 M & J PAUL ENTERPRISES INC ENTERTAINMENT:HEALTH FAIR 9/27/14 450.00 167836 11/20/2014 008610 MCR STAMPS 167837 11/20/2014 014365 MAILFINANCE, INC. 167838 11/20/2014 003782 MAIN STREET SIGNS ENTERTAINMENT:HEALTH FAIR 9/27/14 125.00 575.00 Performances:High Hopes 11/7/14 25.00 25.00 08/30-11/29 postage mtr lease:cntrl 1,210.68 1,210.68 misc street signs: street maint div 2,062.44 misc street signs: street maint div 2,049.84 4,112.28 167839 11/20/2014 004141 MAINTEX INC misc cleaning supplies:children's museum 68.97 68.97 167840 11/20/2014 017425 MENDEZ, DOMINGO refund:overpmt:prkg cite 317054 70.00 70.00 167841 11/20/2014 013443 MIDWEST TAPE LLC AV collections:TPL 141.43 141.43 167842 11/20/2014 016445 MKB PRINTING & Business Cards:TCSDAdmin-Takla, M 42.35 42.35 PROMOTIONAL INC 167843 11/20/2014 013965 MONOPRICE, INC. Misc supplies:info tech 315.63 315.63 167844 11/20/2014 010990 MOORE IACOFANO GOLTSMAN WEBSITE MAINT SRVCS:PLANNING 1,027.50 1,027.50 INC DEPT 167845 11/20/2014 004040 MORAMARCO, ANTHONY, J. Design work:2015 Rod Run 2,400.00 2,400.00 167846 11/20/2014 010908 MR APPLIANCE OF ice machine repair: foc 319.16 319.16 WINCHESTER 167847 11/20/2014 002925 NAPAAUTO PARTS misc veh parts & supplies: street maint 132.66 132.66 167848 11/20/2014 015122 NI GOVERNMENT SERVICES, Oct 14 satellite phone srvc:EOC/Fire 152.10 152.10 INC. 167849 11/20/2014 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies: PW depts 35.97 DIV Misc office supplies:human resources Misc office supplies:human resources MISC. OFFICE SUPPLIES: FINANCE 44.73 128.00 76.77 285.47 Page:7 apChkLst Final Check List Page: 8 11/20/2014 2:23:05PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 167850 11/20/2014 002105 OLD TOWN TIRE & SERVICE 167851 11/20/2014 002105 OLD TOWN TIRE & SERVICE Description City Vehicle Maint Svcs:PW Street Maint City Vehicle Maint Svcs:PW Street Maint City Vehicle Maint Svcs:PW Street Maint City Vehicle Maint Svcs:PW Street Maint City Vehicle Maint Svcs:PW Parks Maint CITY VEHICLE MAINT SVCS:PW TRAFFIC City Vehicle Maint Svcs:PW Parks Maint City Vehicle Maint Svcs:PW Parks Maint City Vehicle Maint Svcs:PW Parks Maint City Vehicle Maint Svcs:PW Parks Maint CITY VEHICLE MAINT SVCS:PW LAND DE City Vehicle Maint Svcs:PW Parks Maint City Vehicle Maint Svcs:Park Ranger City Vehicle Maint Svcs:PW Parks Maint City Vehicle Maint Svcs:PW Parks Maint City Vehicle Maint Svcs:PW Parks Maint City Vehicle Maint Svcs:PW Parks Maint City Vehicle Maint Svcs:PW Parks Maint City Vehicle Maint Svcs:PW Parks Maint Amount Paid Check Total 55.00 75.00 165.35 1,166.10 41.75 55.00 96.75 55.00 145.35 96.75 55.00 55.00 55.00 55.00 253.36 55.00 55.00 55.00 55.00 2,007.05 638.36 167852 11/20/2014 004538 PAULEY EQUIPMENT misc equip repairs: pw street maint 767.24 767.24 COMPANY 167853 11/20/2014 017426 PENAFLORIDA, NEIL refund:overpmt:prkg cite 316051 25.00 25.00 167854 11/20/2014 016529 PIONEER CREDIT RECOVERY SUPPORT PAYMENT 33.82 33.82 INC 167855 11/20/2014 010338 POOL & ELECTRICAL misc pool supplies: var pool sites 493.01 493.01 PRODUCTS INC 167856 11/20/2014 012904 PRO ACTIVE FIRE DESIGN Oct plan ck consultant: Prevention 7,758.47 7,758.47 167857 11/20/2014 005075 PRUDENTIAL OVERALL Oct uniform/fir mts/twl rental:City facs 762.00 762.00 SUPPLY 167858 11/20/2014 017405 PUBLIC AGENCY RISK REFUND:SEC DEP:CONFERENCE 330.00 330.00 MANAGER'S CENTER A/B 167859 11/20/2014 015709 RAHN CONSERVATION 5/6/14-7/22/14 prof svcs:main st.bridge 4,400.00 4,400.00 CONSULTING, Page:8 apChkLst Final Check List Page: 9 11/20/2014 2:23:05PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 167860 11/20/2014 000262 RANCHO CALIF WATER DISTRICT 167861 11/20/2014 003591 RENES COMMERCIAL MANAGEMENT 167862 11/20/2014 001365 RIVERSIDE COUNTY OF (Continued) Description Amount Paid Check Total Oct var water meters:PW-CIP 495.58 Oct var water meters:Fire Stns 608.73 OCT VAR WATER METERS:PW VAR SITE 1,243.22 OCT VAR WATER METERS:PW MAINT 198.16 OCT VAR WATER METERS:PW FAC 3,703.21 Oct water meter:28640 Pujol St 9.40 OCT VAR WATER METERS:PW JRC 191.73 Oct var water meters:TCSD svc ley C 39,083.37 Oct var water meters:PW old town 1,213.69 weed abatement:City owned lots 11,925.00 weed abatement:City owned lots 4,989.00 misc weed abatement:city r.o.w. 46,747.09 2,590.00 19,504.00 Jul -Sept '14 vector control srvcs 5,357.15 Credit:Jul-Sept vector control srvcs -28.00 5,329.15 167863 11/20/2014 004822 RIVERSIDE TRANSIT AGENCY Oct transit agreement pmt 1,704.90 1,704.90 167864 11/20/2014 012174 RUHNAU RUHNAU CLARKE & Design of Fire Stn 73 renovation 4,240.00 4,240.00 ASSOC. 167865 11/20/2014 009196 SACRAMENTO THEATRICAL Sound/lighting supplies: Theater 177.13 177.13 LIGHTING 167866 11/20/2014 017424 SAMPLE, MARCIA ee computer purchase prgm 1,111.07 1,111.07 167867 11/20/2014 000278 SAN DIEGO UNION TRIBUNE 11/24/14-11/23/15 subscr:Fin 4754566 213.24 213.24 167868 11/20/2014 009980 SANBORN, GWYNETH A. Country @ the Merc 11/15 732.50 732.50 167869 11/20/2014 017408 SELVA, ANDY refund:over pmt temecula rod run entry 15.00 15.00 167870 11/20/2014 008529 SHERIFF'S CIVIL DIV - SUPPORT PAYMENT 300.00 300.00 CENTRAL 167871 11/20/2014 008529 SHERIFF'S CIVIL DIV - SUPPORT PAYMENT 258.43 258.43 CENTRAL 167872 11/20/2014 009213 SHERRY BERRY MUSIC Jazz @ the Merc 11/13/14 367.50 367.50 167873 11/20/2014 017422 SIERRA CLUB FOUNDATION, FY 14/14 Council CSF award 500.00 500.00 THE Page apChkLst 11/20/2014 2:23:05PM Final Check List CITY OF TEMECULA Page: 10 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 167874 11/20/2014 000645 SMART & FINAL INC 167875 11/20/2014 000537 SO CALIF EDISON 167876 11/20/2014 000537 SO CALIF EDISON 167877 11/20/2014 000519 SOUTH COUNTY PEST CONTROL INC 167878 11/20/2014 006145 STENO SOLUTIONS TRANSCRIPTION 167879 11/20/2014 003840 STRONGS PAINTING 167880 11/20/2014 017409 TEMECULA VALLEY CHURCH 167881 11/20/2014 003862 THYSSENKRUPP ELEVATOR.BRNCH 37 167882 11/20/2014 010276 TIME WARNER CABLE (Continued) Description Program supplies: cultural arts Misc supplies:aquatics pgrm Misc supplies:Veteran's Day 11/11 Misc supplies:theater Misc supplies:high hopes pgrm Misc supplies:human services Oct 2-36-171-5626:Butterfield stg LS1 Oct 2-35-576-2634:FV pkwy e/o jefferson Oct 2-01-202-7330:various All-nite LS1 Oct 2-01-202-7603:various All-nite LS1 Oct 2-31-419-2659:26706 Ynez Rd TC1 Oct 2-29-974-7568:26953 Ynez Rd TC1 Oct 2-31-693-9784:26036 Ynez Rd TC1 Oct 2-33-237-4818:30499 Rancho Cal Oct 2-05-791-8807:31587 Tem pkwy LS3 Oct 2-26-887-0789:40233 Village Rd Oct 2-30-066-2889:30051 Rancho vista Oct 2-30-608-9384:28582 Harveston Oct 2-29-223-9571:30395 Murr hot springs Oct 2-33-777-1950:40135 Village Rd Oct 2-10-331-2153:28816 Pujol St Oct 2-20-798-3248:42081 Main St Oct 2-28-171-2620:40820 Winchester Rd Refund: dupl.pmt/ITCC Revision in 2011 misc pest control srvcs: var parks Oct transcription srvcs:Police Painting srvcs:Santa's workshop refund:sec dep:pala community park Jul -Sept elevator maint srvcs: var Jul -Sept elevator maint srvcs: Nov high speed internet:32364 Overind 167883 11/20/2014 000325 UNITED WAY UNITED WAY CHARITIES PAYMENT Amount Paid Check Total 478.11 170.37 258.36 108.01 162.70 35.81 135.83 84.90 80,167.00 25,975.41 175.46 157.72 408.49 105.69 10,711.56 1,869.58 27.97 602.93 51.51 737.85 654.71 1,146.88 881.16 102.86 70.00 1,439.90 400.00 200.00 4,200.00 849.00 52.99 1,213.36 123,894.65 102.86 70.00 1,439.90 400.00 200.00 5,049.00 52.99 5.00 5.00 Pagel 0 apChkLst Final Check List Page: 11 11/20/2014 2:23:05PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 167884 11/20/2014 004261 VERIZON 167885 11/20/2014 004789 VERIZON 167886 11/20/2014 004848 VERIZON 167887 11/20/2014 009512 WURMS JANITORIAL SERVICES, INC 167888 11/20/2014 000348 ZIGLER, GAIL 1000261 11/12/2014 016782 CORMIER, MICHELLE 1000262 11/12/2014 017221 SULLIVAN, ELENA 1000263 11/12/2014 017393 THAYER, KAYLA 1000264 11/18/2014 017411 GILLIGAN, SAMANTHA 1000265 11/18/2014 017412 OROZCO, DENISE (Continued) Description Nov xxx-6540 gen usage:Rori fire stn Nov xxx-3738 gen usage:McCabe Ct Nov xxx-2941 gen usage:TVE2 Amount Paid Check Total 115.31 130.81 411.18 657.30 Nov Internet svcs:Library 5.35 Nov Internet svcs:skate park 39.95 Nov Internet svcs:Library 5.35 Nov internet svcs:children's museum 134.99 185.64 Nov long distance phone svcs 18.30 18.30 Nov janitorial srvcs:police old town 269.57 269.57 Reimb:supplies for special events 893.86 893.86 refund:scuba diving:class cancelled 120.00 120.00 refund:sec dep:harveston center mpr 200.00 200.00 refund:sec dep:harveston center mpr 200.00 200.00 refund:class:farmer's mkt tour & cooking 80.00 80.00 refund:sec dep:harveston comm park 200.00 200.00 Grand total for UNION BANK OF CALIFORNIA: 774,292.74 Page:11 apChkLst Final Check List Page: 12 11/20/2014 2:23:05PM CITY OF TEMECULA 138 checks in this report. Grand Total All Checks. 774,292.74 Page:12 Item No. 4 Approvals City Attorney Finance Director City Manager • CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: December 9, 2014 SUBJECT: Approve City Treasurer's Report as of October 31, 2014 PREPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: That the City Council approve and file the City Treasurer's Report as of October 31, 2014. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of October 31, 2014. FISCAL IMPACT: None ATTACHMENTS: City Treasurer's Report as of October 31, 2014 Investments City of Temecula, California Portfolio Management Portfolio Summary October 31, 2014 Par Market Value Value Book % of Value Portfolio Term City of Temecula 41000 Main Street P.O. Box 9033 Temecula, CA 92590 (951)694-6430 Days to YTM YTM Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts Retention Escrow Account Letter of Credit Local Agency Investment Funds Federal Agency Callable Securities Federal Agency Bullet Securities Investments Cash Passbook/Checking (not included in yield calculations) Total Cash and Investments 36,773,780.16 36,773,780.16 36,773,780.16 44.11 1 1 0.110 0.112 600,273 24 600,273,24 600,273.24 0.72 1 1 0.000 0.000 1.00 1.00 1.00 0.00 1 1 0 000 0.000 27,992,231.32 27,996,852.47 27,992,231.32 33.58 1 1 0.257 0.261 4,000,000.00 3,999,060.00 4,000,000.00 4.80 1,142 814 1.267 1.285 14,000,000 00 14,056,700.00 13,992,950.00 16.79 1.344 481 0.781 0.792 83,366,285.72 83,426,666.87 1,518,448.23 83,359,235.72 100.00% 281 121 0.327 0.332 1,518,44823 1,518,448.23 1 1 0.000 0.000 84,884,733.95 84,945,115.10 84,877,683.95 281 121 0.327 0.332 Total Earnings October 31 Month Ending Fiscal Year To Date Current Year 23,448.44 98,222.64 Average Daily Balance 89,258,813.92 95,139,251.05 Effective Rate of Return 0.31% 0.31% Reporting period 10/01/2014-10/31/2014 Rio Date: 11/21/2014 - 10:22 Portfolio TEME CP PM (PRF_PM1) 7.3.0 Report Ver. 7 3 5 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments October 31, 2014 Page 1 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 122216003-2 CITY COP RE2 ASSURED GUARANTY 0.00 0.00 0.00 1.000 0.986 1.000 1 1453718479 WORKERS BANK OF AMERICA MERRILL LYNC 08/01/2014 9,850.61 9,850.61 9,850.61 0.000 0.000 1 104348008-1 01-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348006-4 01-2 RESA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348016-3 01-2 RESB2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348000-4 01-2 SPTAX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669911-2 03-1 ACQA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669921-3 03-1 ACQB3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669902-3 03-1 BOND3 First American Treasury 07/01/2014 0.00 0.00 0.00 0.000 0.000 1 94669906-3 03-1 RES A3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669916-2 03-1 RES B2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669900-4 03-1 SPTAX1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593011-2 03-2 ACQ 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593009-2 03-2 EMWD 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593007-2 03-2 IMP2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593016-4 03-2 LOC 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593010-2 03-2 PWADM2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593006-2 03-2 RES 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593000-3 03-2 SPTX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727011-2 03-3 ACQ2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727002-2 03-3 BOND 2 First American Treasury 07/01/2014 0.00 0.00 0.00 0.000 0.000 1 744727007-2 03-3 CITY2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727009 03-3 EMWD 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727006-3 03-3 RES3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727000-4 03-3 SP TX 4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686001-2 03-4 ADMIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686005-1 03-4 PREP1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686000-1 03-4 RED1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686006-2 03-4 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776002-2 03-6 BOND2 First American Treasury 07/01/2014 0.00 0.00 0.00 0.000 0.000 1 786776007-2 03-6 IMP2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776006-2 03-6 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776000-3 03-6 SP TX3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453510-2 88-12 BOND2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453518-4 88-12 GI4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 122216003-4 CITY COP RE4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 Run Date: 11/21/2014 - 10:22 Portfolio TEME CP PM (PRF_PM2) 7.3.0 Report Ver. 7.3..5 CUSIP Investment # Issuer Average Balance City of Temecula, California Portfolio Management Portfolio Details - Investments October 31, 2014 Purchase Date Par Value Market Value Page 2 Stated YTM YTM Days to Maturity Book Value Rate 360 365 Maturity Date Managed Pool Accounts 122216008-3 CITY COPCIP2 122216000-2 CITY COPLPF2 94434160-1 RDA 02 INTI 94434161-2 RDA 02 PRIN2 107886011-2 RDA 06 B PRI 107886008-2 RDA 06 CIPA2 107886001 RDA 06 PRIN 107886000-2 RDA 06A INT2 107886018-3 RDA 06B CIP3 107886010-2 RDA 06B INT2 107886016-2 RDA 06B RES2 107886030-2 RDA 07 CAPI2 107886027-2 RDA 07 ESC2 107886020-2 RDA 07 INT2 107886021-2 RDA 07 PRINC 107886028-2 RDA 07 PROJ2 107886026-2 RDA 07 RES2 136343006 RDA 10 DS 1 136343008 RDA 10A CIP2 136343001-2 RDA 10A-INT1 136343018-2 RDA 10B CIP2 136343000-1 RDA 106-INT1 94432360-2 TCSD COP INT 104348006-5 01-2 RESA11 104348016-5 01-2 RESB11 104348000-5 01-2 SPTAX11 94669921-5 03-01 ACQ11 94669911-5 03-01 ACQA11 94669922-5 03-01 COI 94669917-5 03-01 RES 94669906-5 03-01 RESA11 94669916-5 03-01 RESB11 94669000-5 03-01SPTAX11 164741009-5 03-03 COI 164741008-5 03-03 IMP 164741006-5 03-03 RES Run Date: 11/21/2014 -10:22 First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury First American Treasury Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations 07/01/2014 0.00 0.00 0.00 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 0.10 0.10 0.10 0.000 0.000 1 0.09 0.09 0.09 0.000 0.000 1 0.03 0.03 0.03 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 07/01/2014 0.05 0.05 0.05 0.000 0.000 1 0.06 0.06 0.06 0.000 0.000 i 0.00 0.00 0.00 0.000 0.000 1 0.05 0.05 0.05 0.000 0.000 1 202,121.09 202,121.09 202,121.09 0.010 0.010 0.010 1 07/01/2014 0.00 0.00 0.00 0.000 0.000 1 07/01/2014 0.00 0.00 0.00 0.000 0.000 1 42.88 42.88 42.88 0.000 0.000 1 0.14 0.14 0.14 0.000 0.000 1 209,687.30 209,687.30 209,687.30 0.010 0.010 0.010 1 1,104,071.99 1,104,071.99 1,104,071.99 0.010 0.010 0.010 1 1,263,945.26 1,263,945.26 1,263,945.26 0.010 0.010 0.010 1 19,951.42 19,951.42 19,951.42 0.010 0.010 0.010 1 1.63 1.63 1.63 0.000 0.000 1 5,186,869.79 5,186,869.79 5,186,869.79 0.010 0.010 0.010 1 2.75 2.75 2.75 0.000 0.000 1 07/01/2014 0.00 0.00 0.00 0.000 0.000 1 440,398.60 440,398.60 440,398.60 0.010 0.010 0.010 1 188,613.51 188,613.51 188,613.51 0.010 0.010 0.010 1 49,055.81 49,055.81 49,055.81 0.010 0.010 0.010 1 2,143,867.06 2,143,867.06 2,143,867.06 0.010 0.010 0.010 1 144.49 144.49 144.49 0.010 0.010 0.010 1 07/01/2014 0.00 0.00 0.00 0.001 0.001 0.001 1 07/01/2014 0.02 0.02 0.02 0.000 0.000 1 0.00 0.00 0.00 0.001 0.001 0.001 1 147,753.73 147,753.73 147,753.73 0.010 0.010 0.010 1 57,687.42 57,687.42 57,687.42 0.010 0.010 0.010 07/01/2014 0.00 0.00 0.00 0.001 0.001 0.001 1 754,563.88 754,563.88 754,563.88 0.010 0.010 0.010 0 388.80 388.80 388.80 0.010 0.010 0.010 1 Portfolio TEME CP PM (PRF_PM2) 7.3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments October 31, 2014 Average Purchase Investment# Issuer Balance Date Par Value Stated Market Value Book Value Rate Page 3 YTM YTM Days to Maturity 360 365 Maturity Date Managed Pool Accounts 164741000-5 03-03 SPEC Federated Tax Free Obligations 153,833.09 153,833.09 153,833.09 0.010 0.010 0.010 1 164742009-5 03-06 COI Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 164742006-5 03-06 RES Federated Tax Free Obligations 0.02 0.02 0.02 0.010 0.010 0.010 1 786776006-5 03-06 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 164742000-5 03-06 SPEC Federated Tax Free Obligations 8,609.41 8,609.41 8,609.41 0.010 0.010 0.010 1 786776000-5 03-06SPTAX11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94669902-5 03-1 bond fd Federated Tax Free Obligations 07/01/2014 0.00 0.00 0.00 0.000 0.000 1 793593011-5 03-2 ACQ11 Federated Tax Free Obligations 1,111,689.84 1,111,689.84 1,111,689.84 0.010 0.010 0.010 1 793593009-5 03-2 EMWD11 Federated Tax Free Obligations 1,097.73 1,097.73 1,097.73 0.010 0.010 0.010 1 793593016-5 03-2 LOC11 Federated Tax Free Obligations 142,003.60 142,003.60 142,003.60 0.010 0.010 0.010 1 793593010-5 03-2 PWADM11 Federated Tax Free Obligations 0.00 0.00 0.00 0.010 0.010 0.010 1 793593006-5 03-2 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.010 0.010 0.010 1 793593000-5 03-2 SPTX Federated Tax Free Obligations 7,962.59 7,962.59 7,962.59 0.010 0.010 0.010 1 793593007-5 03-2-IMPR11 Federated Tax Free Obligations 1,144.40 1,144.40 1,144.40 0.010 0.010 0.010 1 744727006-5 03-3 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 744727011-5 03-3ACQ11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94686001-5 03-4 ADMIN11 Federated Tax Free Obligations 507.46 507.46 507.46 0.010 0.010 0.010 1 94686005-5 03-4 PREP11 Federated Tax Free Obligations 07/01/2014 0.00 0.00 0.00 0.000 0.000 1 94686000-5 03-4 RED11 Federated Tax Free Obligations 2,798.59 2,798.59 2,798.59 0.010 0.010 0.010 1 94686006-5 03-4 RES11 Federated Tax Free Obligations 65,501.66 65,501.66 65,501.66 0.010 0.010 0.010 1 744727000-5 03-SSPTAXI1 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 146161000-5 146161000-5 Federated Tax Free Obligations 0.16 0.16 0.16 0.000 0.000 1 146161001-5 146161001-5 Federated Tax Free Obligations 0.46 0.46 0.46 0.000 0.000 1 146161006-5 RDA 11 DS11 Federated Tax Free Obligations 1,307,913.92 1,307,913.92 1,307,913.92 0.010 0.010 0.010 1 146161008-5 RDA 11ACIP11 Federated Tax Free Obligations 7,270,426.23 7,270,426.23 7,270,426.23 0.010 0.010 0.010 1 146161009-5 RDA 11ACOI11 Federated Tax Free Obligations 07/01/2014 0.00 0.00 0.00 0.020 0.020 0.020 1 94432363 02001 Financial Security Assurance 07/01/2014 0.00 0.00 0.00 0.000 0.000 1 793593011-1 03-2-1 ACQUI CA Local Agency Investment Fun 11,415,284.90 11,415,284.90 11,415,284.90 0.261 0.257 0.261 1 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 0.00 0.00 0.00 0.261 0.257 0.261 1 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 0.00 0.00 0.00 0.261 0.257 0.261 1 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 0.00 0.00 0.00 0.261 0.257 0.261 1 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 3,505,985.54 3,505,985.54 3,505,985.54 0.261 0.257 0.261 1 122216008 CITY COP CIP CA Local Agency Investment Fun 0.00 0.00 0.00 0.261 0.257 0.261 1 122216003-1 CITY COP RE1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.261 0.257 0.261 1 107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.261 0.257 0.261 1 107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.261 0.257 0.261 Run Date: 11/21/2014 - 10:22 Portfolio TEME CP PM (PRF_PM2) 7.3.0 CUSIP Investment # Issuer Average Balance City of Temecula, California Portfolio Management Portfolio Details - Investments October 31, 2014 Purchase Date Par Value Market Value Stated Page 4 YTM YTM Days to Maturity Book Value Rate 360 365 Maturity Date Managed Pool Accounts 107886030-1 RDA 07 CAP -1 107886027-1 RDA 07 ESC -1 107886028-1 RDA 07 PRO -1 107886026-1 RDA 07 RES -1 107886006 RDA 06 RES A 94434166 RDA TABs RES 94669905-0 03-01 REF 744727099-0 03-03 REF 786776099-0 03-06 REF SYS95453516-1 95453516-1 Retention Escrow Account CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun MBIA Surety Bond MBIA Surety Bond USBANK USBANK USBANK USBANK Subtotal and Average 36,769,424.95 194012308-16 RJ NOBLE ARMY CORPS SYSPI aza Prtnr PORTOLA TRRC 39211000 Letter of Credit 104348006-1 Army Corps PI aza Prtnr Portola Trrc Summerhouse Bank of Sacramento Union Bank Wells Fargo Bank Wells Fargo Bank Wells Fargo Bank Subtotal and Average 644,751.88 02008 ASSURANCE CO BOND INSURANCE Subtotal and Average Local Agency Investment Funds 94669917-1 164742006-1 94669911-1 94669921-1 744727011-1 744727007-1 786776007-1 164741006-1 SYSCITY SYSRDA SYSRDA 10 DS 2 Run Date: 11/21/2014 - 10:22 03-01-1 RES CA Local Agency Investment Fun 03-06 RES -1 CA Local Agency Investment Fun 03-1 ACQ A2 CA Local Agency Investment Fun 03-1 ACQ 92 CA Local Agency Investment Fun 03-3 ACQ 2 CA Local Agency Investment Fun 03-3 CITY 2 CA Local Agency Investment Fun 03-6 IMP 1 CA Local Agency Investment Fun 0303-1 RES CA Local Agency Investment Fun CITY CA Local Agency Investment Fun RDA CA Local Agency Investment Fun RDA 10 DS 2 CA Local Agency Investment Fun 1.00 07/01/2014 07/01/2014 07/01/2014 07/01/2014 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.00 1.00 1.00 1.00 1.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 36,773,780.16 36,773,780.16 36,773,780.16 0.00 600,273.24 0.00 0.00 0.00 0.00 600,273.24 0.00 0.00 0.00 600,273.24 600,273.24 0.00 600,273.24 0.00 0.00 0.00 600,273.24 07/01/2014 1.00 0.261 0.261 0.261 0.261 0.257 0.257 0.257 0.257 0.000 0.000 0.000 0.000 0.000 0.000 0.261 0.261 0.261 0.261 0.000 0.000 0.000 0.000 0.000 0.000 1 1 0.110 0.112 1 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 1 0.000 0.000 1 1.00 1.00 0.000 0.000 1 1.00 1.00 1.00 0.000 0.000 1 768,686.68 307,474.67 0.00 0.00 0 00 0.00 0.00 1,424,833.62 7,893,933.70 1,749.06 0.00 768,686.68 307,474.67 0.00 0.00 0.00 0.00 0.00 1,424,833.62 7,895,364.74 1,749.38 0.00 768,686.68 0.261 0.257 0.261 307,474.67 0.261 0.257 0.261 0.00 0.261 0.257 0.261 0.00 0.261 0.257 0.261 0.00 0.261 0.257 0.261 0.00 0.261 0.257 0.261 0.00 0.261 0.257 0.261 1,424,833.62 0.261 0.257 0.261 7,893,933.70 0.261 0.257 0.261 1,749.06 0.261 0.257 0.261 0.00 0.261 0.257 0.261 1 1 Portfolio TEME CP PM (PRF_PM2) 7.3.0 City of Temecula, California Portfolio Management Portfolio Details - Investments October 31, 2014 Page 5 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Local Agency Investment Funds SYSRDA 10A CIP1 RDA 10A CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.261 0.257 0.261 136343018-1 RDA 10B CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.261 0.257 0.261 1 SYSTCSD TCSD CA Local Agency Investment Fun 17,595,553.59 17,598,743.38 17,595,553.59 0.261 0.257 0.261 1 Subtotal and Average 31,854,157.59 27,992,231.32 27,996,852.47 27,992,231.32 0.257 0.261 1 Federal Agency Callable Securities 3133EDTQ5 01197 Federal Farm Credit Bank 08/27/2014 1,000,000.00 997,350.00 1,000,000.00 1.590 1.568 1.590 1,395 08/27/2018 3130A1 WX2 01195 Federal Home Loan Bank 05/28/2014 1,000,000.00 998,310.00 1,000,000.00 1.050 1.036 1.050 27 11/28/2014 3134G3BV1 01179 Federal Home Loan Mtg Corp 12/09/2011 1,000,000.00 1,000,840.00 1,000,000.00 1.400 1.381 1.400 769 12/09/2016 3134G5JJ5 01198 Federal Home Loan Mtg Corp 09/29/2014 1,000,000.00 1,002,560.00 1,000,000.00 1.100 1.085 1.100 1,063 09/29/2017 Subtotal and Average 4,258,064.52 4,000,000.00 3,999,060.00 4,000,000.00 1.267 1.285 814 Federal Agency Bullet Securities 31331KE55 01175 Federal Farm Credit Bank 10/06/2011 1,000,000.00 1,013,300.00 1,000,000.00 1.300 1.282 1.300 705 10/06/2016 31331KK58 01177 Federal Farm Credit Bank 10/26/2011 1,000,000.00 1,008,740.00 1,000,000.00 1.050 1.036 1.050 359 10/26/2015 31331KV98 01178 Federal Farm Credit Bank 11/23/2011 1,000,000.00 1,008,040.00 1,000,000.00 0.970 0.957 0.970 387 11/23/2015 31331K2P4 01182 Federal Farm Credit Bank 12/09/2011 1,000,000.00 1,008,370.00 1,000,000.00 1.000 0.986 1.000 403 12/09/2015 31331K6P0 01183 Federal Farm Credit Bank 01/19/2012 1,000,000.00 1,006,380.00 1,000,000.00 0.850 0.838 0.850 444 01/19/2016 3133EA6K9 01192 Federal Farm Credit Bank 10/29/2012 1,000,000.00 1,002,200.00 1,000,000.00 0.410 0.404 0.410 362 10/29/2015 3133EDN0 01196 Federal Farm Credit Bank 06/11/2014 1,000,000.00 1,005,190.00 1,000,000.00 1.200 1.179 1.195 1,167 01/11/2018 313376V77 01184 Federal Home Loan Bank 01/23/2012 1,000,000.00 1,000,890.00 1,000,000.00 0.520 0.513 0.520 83 01/23/2015 313376YQ2 01185 Federal Home Loan Bank 02/13/2012 1,000,000.00 1,000,730.00 1,000,000.00 0.400 0.395 0.400 104 02/13/2015 313378AC5 01187 Federal Home Loan Bank 02/22/2012 1,000,000.00 1,001,980.00 1,000,000.00 0.500 0.493 0.500 202 05/22/2015 313378QH7 01189 Federal Home Loan Bank 03/28/2012 1,000,000.00 1,006,640.00 1,000,000.00 0.900 0.888 0.900 513 03/28/2016 313381DZ5 01193 Federal Home Loan Bank 11/28/2012 1,000,000.00 997,780.00 1,000,000.00 0.550 0.542 0.550 787 12/27/2016 3135G0HG1 01190 Federal National Mtg Assn 07/05/2012 1,000,000.00 1,000,950.00 999,270.00 0.375 0.399 0.404 135 03/16/2015 3135G0PQ0 01194 Federal National Mtg Assn 11/26/2013 1,000,000.00 995,510.00 993,680.00 0.875 1.026 1.040 1,090 10/26/2017 Subtotal and Average 13,992,950.00 14,000,000.00 14,056,700.00 13,992,950.00 0.781 0.792 481 Run Date: 11/21/2014 - 10:22 Total and Average 89,258,813.92 83,366,285.72 83,426,666.87 83,359,235.72 0.327 0.332 121 Portfolio TEME CP PM (PRF_PM2) 7.3.0 CUSIP Investment# Issuer Average Balance City of Temecula, California Portfolio Management Portfolio Details - Cash October 31, 2014 Purchase Date Par Value Market Value Stated YTM YTM Days to Book Value Rate 360 365 Maturity Page 6 Retention Escrow Account SYSAAA#1202 4110170281 23303800 AAA#1202 EDGEDEV PCL CONST Passbook/Checking Accounts SYS Petty Cash SYSFIex Ck Acct SYSGen Ck Acct SYSParking Ck Petty Cash Flex Ck Acct Gen Ck Acct PARKING CITA COMMUNITY BANK TORRY PINES BANK Wells Fargo Bank City of Temecula Union Bank of California Union Bank of California Union Bank of California Average Balance 07/01/2014 07/01/2014 0.00 07/01/2014 07/01/2014 07/01/2014 44,510.17 0.00 0.00 3,110.00 30,009.06 1,433,296.00 7,523.00 44,510.17 0.00 0.00 3,110.00 30,009.06 1,433,296.00 7,523.00 44,510.17 0.00 0.00 3,110.00 30,009.06 1,433,296.00 7,523.00 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 Total Cash and Investments Run Date: 11/21/2014 -10:22 89,258,813.92 84,884,733.95 84,945,115.10 84,877,683.95 0.327 0.332 121 Portfolio TEME CP PM (PRF_PM2) 7.3.0 Cash and Investments Report CITY OF TEMECULA Through October 2014 Fund # Fund Name Beainnina Balance Receipts Disbursements Fund Total 001 GENERAL FUND $ 23,298,249.07 $ 5,261,252.89 $ 8,208,432.12 $ 20,351,069.84 100 STATE GAS TAX FUND 941,218.89 $ 264,387.85 $ 701,592.87 504,013.87 120 DEVELOPMENT IMPACT FUND 4,759,895.25 $ 331,221.73 $ 135,849.31 4,955,267.67 135 BUSINESS INCUBATOR RESOURCE 52,978.75 $ 3,227.28 $ 22,982.40 33,223.63 140 COMMUNITY DEV BLOCK GRANT 370,606.49 $ $ 370,606.49 • 145 TEMECULA ENERGY EFFICIENCY ASSET TEAM 166,009.13 $ 150.10 $ 2.63 166,156.60 150 AB 2766 FUND 452,305.08 $ 351.78 $ 1,819.13 450,837.73 160 SUPPLEMENTAL LAW ENFORCEMENT SERVICES 86,392.36 $ 8,335.32 $ 86,399.08 8,328.60 161 LARRY ROBINSON REWARD 25,126.09 $ 21.07 $ 0.40 25,146.76 165 AFFORDABLE HOUSING 117,282.13 $ 416.94 $ 53,083.88 64,615.19 170 MEASURE A FUND 4,163,367.85 $ 469,215.14 $ 665,493.14 3,967,089.85 190 TEMECULA COMMUNITY SERVICES DISTRICT 814,239.68 $ 205,952.31 $ 965,721.09 54,470.90 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 227,951.88 $ 71,424.69 $ 9,250.29 290,126.28 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 16,742.65 $ 186.28 $ 0.27 16,928.66 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 245,763.51 $ 105.30 $ 16,987.68 228,881.13 197 TEMECULA LIBRARY FUND 395,123.75 $ 12,346.58 $ 107,500.82 299,969.51 210 CAPITAL IMPROVEMENT PROJECT FUND 7,582,805.92 $ 1,484,870.43 $ 1,956,230.34 7,111,446.01 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 2,143,993.93 $ 17.62 $ 2,144,011.55 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 754,557.68 $ 6.20 $ 754,563.88 277 CFD-RORIPAUGH 12,650,293.64 $ 7,103.77 $ 2.03 12,657,395.38 300 INSURANCE FUND 110,405.13 $ 283,456.97 $ 54,880.27 338,981.83 305 WORKER'S COMPENSATION $ 89,456.28 $ 101.41 89,354.87 310 VEHICLES AND EQUIPMENT FUND 1,373,593.75 $ 39,336.36 $ 22.36 1,412,907.75 320 INFORMATION TECHNOLOGY 379,760.65 $ 158,468.90 $ 202,990.35 335,239.20 325 TECHNOLOGY REPLACEMENT FUND $ 312,505.00 $ 4.95 312,500.05 330 CENTRAL SERVICES 417,419.81 $ 98,691.43 $ 33,836.07 482,275.17 340 FACILITIES 181,576.63 $ 318,479.00 $ 117,707.22 382,348.41 375 SUMMER YOUTH EMPLOYMENT PROGRAM 359.51 $ 167.41 $ 526.92 380 SARDA DEBT SERVICE FUND 19,006,627.76 $ 110.05 $ 1,965,396.52 17,041,341.29 381 REDEVELOPMEN PROPERTY TAX TRUST 399,601.07 $ 1,430.47 $ 13.88 401,017.66 460 CFD 88-12 DEBT SERVICE FUND 88,318.24 $ 73.37 $ 1.40 88,390.21 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 746,585.57 $ 131.43 $ 3,851.03 742,865.97 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,016,150.44 $ 72,256.98 $ 4,051.74 1,084,355.68 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 72,624.71 $ 12.37 $ 1,300.04 71,337.04 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 1,941,129.13 $ 1,549.24 $ 2,375.72 1,940,302.65 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 334,212.97 $ 224.30 $ 2,145.26 332,292.01 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 4,993,799.15 $ 3,523.00 $ 6,978.48 4,990,343.67 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 7,119.04 $ 7.24 $ 3,623.43 3,502.85 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 51,742.95 $ 22.45 $ 2,244.95 49,520.45 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 37,064.33 $ 17,32 $ 13,926.60 23,155.05 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 4,362.68 $ 2.23 $ 553.39 3,811.52 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 1,002.75 $ 2,659.68 $ 3,662.43 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 23,955.10 $ 10.08 $ 1,384.27 22,580.91 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 2,854.48 $ 3.52 $ 2,313.08 544.92 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 15,708.89 $ 19.80 $ 15,255.90 472.79 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 19,179.40 $ 9.18 $ 165.79 19,022.79 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 3,832.42 $ 2.13 $ 891.06 2,943.49 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 1,213.72 $ 0.73 $ 217.96 996.49 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 22,918.62 $ 16.97 $ 8,159.74 14,775.85 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 1,017.73 $ 1.30 $ 930.39 88.64 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 65,007.75 $ 25.47 $ 1,751.26 63,281.96 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 1,316.18 $ 0.66 $ 185.73 1,131.11 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 7,483.22 $ 1,482.01 $ 8,965.23 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 64,366.34 $ 26.87 $ 3,156.69 61,236.52 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 107,028.18 $ 91.20 $ 14,331.62 92,787.76 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 105,460.17 $ 54.78 $ 18,831.14 86,683.81 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 505.82 $ 18.85 $ 524.67 • 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 8,082.20 $ 3.42 $ 525.57 7,560.05 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 68,413.50 $ 35.38 $ 9,344.68 59,104.20 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 46,024.91 $ 19.98 $ 3,151.04 42,893.85 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 1,446.92 $ 0.75 $ 171.92 1,275.75 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 218,088.60 $ 22,575.52 $ 16,792.60 223,871.52 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 1,109.99 $ 0.93 $ 192.93 917.99 530 SERVICE LEVEL"C"ZONE 30 FUTURE ZONES 33,530.74 $ 28.12 $ 0.53 33,558.33 Grand Total: $ 91,246,904.88 $ 9,613,434.31 $15,915,224.09 $ 84,945,115.10 Journal Entries completed alter September's Treasurer's Report was issued are reflected In the Receipts / Disbursements columns. Item No. 5 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl-Olson, City Clerk DATE: December 9, 2014 SUBJECT: Receive and File Boards and Commissions Handbook (At the Request of Mayor Edwards and Council Member Naggar) PREPARED BY: Randi Johl-Olson, City Clerk RECOMMENDATION: That the City Council receive and file the Boards and Commission Handbook. BACKGROUND: The City Council first approved the Boards and Commission Handbook on February 26, 1991. The handbook was amended on April 25, 2006 to include additional appointment guidelines. The laws have changed significantly since the last update in 2006, specifically in regards to AB 1234 Ethics Training requirements and Conflicts of Interest. In addition, the subcommittee of Mayor Edwards and Council Member Naggar expressed their desire to see the handbook updated with respect to the Roles and Authority of Board and Commission Members. The City Manager, Assistant City Manager, City Attorney and City Clerk worked with the subcommittee to update the handbook, specifically the Roles and Authority section. The City Attorney and City Clerk also reviewed the handbook for content and consistency with current policies, procedures and laws. It is recommended that the Boards and Commissions Handbook be brought to the City Council annually as a "receive and file" item at the beginning of each year. At that time, the handbook will be updated with the relevant current legal publications and any additional changes that may be desired. FISCAL IMPACT: None ATTACHMENTS: Handbook City of Temecula Boards and Commissions Handbook Updated November 2014 TABLE OF CONTENTS Section 1 Section 2 Section 3 Letter of Welcome Role & Authority Policies and Procedures ....... Relevant Municipal Code Sections Section 4... Section 5 Section 6 AB 1234 Ethics Training Statement of Economic Interest Section 7... Summary of Conflict of Interest Laws (CD) Section 8 Summary of Brown Act Laws (CD) Section 9 Summary of Public Records Laws (CD) Section 10 Resource List SECTION 1 City of Temecula 41000 Main Street • Temecula, CA 92590 Phone (951) 694-6444 • Fax (951) 694-6449 • www.cityoftemecula.org Dear Board or Commissioner Member: On behalf of the City Council and the citizens of Temecula, welcome to your new or continuing role in the community. The City of Temecula is fortunate to have dedicated citizens like you who are willing to share their experience and knowledge through service on a City board or commission. The mission statement for the City of Temecula reads as follows: "The mission of the City of Temecula is to maintain a safe, secure, clean, healthy, and orderly community; to balance the utilization of open space, parks, trail facilities, quality jobs, public transportation, diverse housing, and adequate infrastructure; and to enhance and revitalize historic areas. The City will encourage programs for all age groups, utilize its human resources, and preserve its natural resources while stimulating technology, promoting commerce, and utilizing sound fiscal policy. It is the City Council's resolve that this mission will instill a sense of pride and accomplishment in its citizens and that the City will be known as a progressive, innovative, balanced, and environmentally sensitive community." As a board or commission member, you will play an important role in the achievement of this mission. Your ideas and advice on a variety of City issues will assist the City Council in fulfilling its responsibilities to our citizens. In addition, your service will give you an opportunity to increase your knowledge about municipal government operations and you will see the results of your work with fellow members put into action by the City Council, City Manager and City departments. Thank you for accepting this responsibility and challenge. Your service to our community is greatly appreciated. We hope that you will find your service as a board or commission to be both enjoyable and rewarding. Sincerely, Maryann Edwards Mayor SECTION 2 THE COMMISSIONER'S ROLE AND AUTHORITY The primary role of the City boards and commissions is to encourage increased public input and citizen participation in the determination of City policies and procedures. City boards and commissions are not involved in the administration or operation of City departments. Board and commission members may not direct administrative staff to initiate programs, conduct major studies, or establish official policy without the approval of the City Council. However, City staff members are available to provide general staff assistance to boards and commissions. Despite boards and commissions differing tasks, all share some basic responsibilities. Members need to stay informed on subjects of interest to their specific board or commission. The City Council of the City of Temecula encourages and provides opportunities for continuing education to assist the members of City boards and commissions in the conduct of their duties. Conscientious attendance is also a fundamental responsibility, as irregular attendance lessens one's ability to study all aspects of items under consideration. Three unexcused, consecutive absences constitute a vacancy of office. Upon appointment to a board or commission, staff from the City Clerk's department will provide a formalized orientation to provide a thorough review of the Boards and Commissions Handbook; including the Brown Act and conflicts of interest. A more detailed orientation related to specific board and commission issues will be addressed by the lead department. Each member of a board or commission is encouraged to: • Occasionally attend City Council meetings • Attend another board or commission meeting to better understand roles and develop relationships • Make presentations at board or commission meetings • Participate in subcommittee opportunities • Participate in a board or commission self-assessment once a year All members are expected to regularly attend their respective board or commission meetings, and attend and support City special events. Community Services Commissioners are also expected to regularly visit all park sites and City facilities being mindful of their intended service to the public. CS Commissioners are encouraged to be engaged with a "license to be creative". Planning Commissioners are also expected to have a firm understanding of the City's General Plan, the Zoning Code, and Standard Conditions of Approval. They are encouraged to visit properties that have submitted applications or are pending review. Planning Commissioners need to disclose their visits and observations at the public hearing on the matter in order so that the applicant has the opportunity to comment on whatever the Planning Commissioner may have observed. Old Town Local Review Board Members are also expected to have an understanding of the General Plan, as well as the Old Town Specific Plan, be familiar with the history of Old Town and regularly visit Old Town facilities. Public/Traffic Safety Commissioners are also expected to exercise vigilance for traffic/safety hazards and reporting of graffiti; be proactive with respect to public safety and emergency management; become familiar with neighborhoods and communities; occasionally volunteer at DUI check points; and perform periodic inspections of and visits to City facilities. Incoming board and commissioner members are encouraged to utilize the following checklist in their first year of service to help them get more acquainted with the City, its values, operational structure, and their board or commission's primary area of focus: All Board or Commission Members: ✓ Attend at least four City Council Meetings ✓ Attend City Sponsored Special Events (i.e., Fourth of July Parade/Fireworks Celebration, Holiday Parade, Ribbon Cuttings/Dedication Ceremonies, etc.) ✓ Meet with the City Council Commission/Board Liaison to Review Role and Expectations ✓ Meet with the City Manager and/or Assistant City Manager to Review current City Priorities ✓ Meet with the City Clerk and/or Designee to Review Disclosure Filing and Ethics Training Requirements ✓ Attend an HOA Meeting ✓ Visit the Saturday Morning Old Town Farmer's Market Community Services Commission: ✓ Visit each of the City's Park Sites ✓ Visit each of the City's Community Service Facilities Planning Commission ✓ Attend a City Council Meeting that Includes an Item Pertaining to Planning Commission Review ✓ Visit a development project approved within the past two years to review how the Conditions of Approval are being implemented and report back to the Commission Old Town Local Review Board ✓ Attend Two or More Old Town Temecula Association (OTTA) Meetings ✓ Visit the Temecula History Museum ✓ Attend a Planning Commission Meeting that Includes an Item Pertaining to Old Town Public/Traffic Safety ✓ Observe a DUI check point ✓ Visit each Fire Station ✓ Visit the Southwest Justice Center ✓ Visit Each Police Storefront/Substation 2 RULES AND REGULATIONS FOR CITIZEN MEMBERS It is not appropriate for individual members to present their personal views or recommendations as representing the board or commission unless such body has voted to approve such action. Members expressing views not approved by the majority of the board or commission should indicate their opinions are viewed as "private citizens." Individual opinions must be identified as such. Public statements should not include promises that may be construed to be binding on the Committee, City Council, or City staff. When making a public statement, members should indicate that board or commission actions are recommendations and that final action will be taken by the City Council. Planning Commissioners should not express any views on projects that will come before the Planning Commission. The Planning Commission must provide due process for the applicants and this requires that Planning Commissions not express any bias or views on a project until all of the information on a project is presented to the Planning Commission at the public hearing and the applicant and the public have expressed their views on the project. Board or commission members may be selected on the basis of representing defined groups; however, each member should represent the overall "public good" and not an exclusive group or special interest. GUIDELINES, QUALITIES, AND ATTRIBUTES OF AN EFFECTIVE BOARD OR COMMISSION MEMBER • Be an informed citizen (knowledgeable about local affairs). • Have a good rapport with citizens. • Have a genuine concern for the community as a whole. • Be a good listener. • Relate well to other people, including other board or commission members. The success or failure of board or commission efforts may be dependent upon the degree of cooperation evident among the individual members of the body. • Serve in another capacity prior to board or commission service (i.e. volunteer groups, non-profit organizations, service clubs, etc.) • Have the ability to accept decisions not of one's own personal view if that is the will of the majority. • In addition, each member should keep in mind these important points: Show respect for another's viewpoint. • Allow others adequate time to fully present their views before making comments. • Be open and honest. 3 * Make new members welcome and help them become acquainted with their duties. * Strive to minimize political action among members. ROLE, AUTHORITY, AND STAFFING OF BOARDS AND COMMISSIONS The City Council is empowered to establish boards and commissions and to appoint members to assist the City Council in the conduct of City business. Members usually represent a cross-section of the community. No member of any board or commission shall be a City employee, nor shall any person be a member of more than one board or commission at any one time. The primary role of any City board or commission member is to review and make recommendations to the City Council on matters within their scope of responsibility and to promote increased public input and citizen participation in the determination of City policies and program implementation. Annually, oras needed, the City Council will invite each board or commission, as a body, to attend a regularly scheduled City Council meeting so the full City Council can share their charge and expectations of the board or commission for the coming year. The specific role of City boards and commissions is to serve in an advisory capacity to the City Council, focusing attention on specific program areas of the City. The City Council may authorize certain "Commissions" to take final actions in prescribed areas. For example, the Planning Commission is authorized to grant final approval of certain projects and is required to provide a recommendation to the City Council on other projects. In addition, staff may bring various projects to a board or commission for their review before taking that matter to the City Council for final approval. Boards and commissions serve as a principal reviewing body for specific matters referred to them by the City Council. All decisions, however, are subject to review by the City Council. Board and commission members are empowered by an appointment of the City Council and should represent the general interest of the City as whole and not specific program areas and their special interest groups. The City Council will appoint one Council Member to serve as Council Liaison to a particular board or commission. This Council person will be available to the board and commission members for individual consultation throughout the year. The Council liaison will attend at least one board or commission meeting annually to provide the board or commission opportunity to seek Council Liaison direction as a sitting body. Appointments and Removals Chapter 2.40.050 of the Temecula Municipal Code, City Commissions Generally provides that appointments are subject to the approval of a majority of the City Council. A majority of the City Council may remove an appointee for good cause. The following guidelines may be used in the appointment of board and commission members: 4 • Formal interview process with the Mayor and Council Liaison with standard core questions for both new candidates and incumbents. • Letters of recommendation and/or references with the application process are encouraged. • The Council Liaison will be encouraged to attend board or commission meetings to develop an overview of the incumbent board or commission member's performance. • Absentee record of all board or commission members will become part of the incumbent performance review, with the understanding that if three absences occur within a 12 month period, the Council Liaison to that board or commission will be notified for further review. If these absences are not acceptable to the Council Liaison, a recommendation to the City Council will be made by the liaison for removal from the board or commission. This is in addition to the existing ordinance which stipulates that should any board or commission member be absent from any three consecutive meetings of the commission, without excuse acceptable to the City Council, that member shall vacate his or her seat on the commission. Additional guidelines for consideration of candidates who have served two full terms and apply for subsequent terms. Consideration of these candidates will be given only under the following guidelines: • The incumbent shall have served as Chair or Vice -Chair of their respective Board or Commission. • The incumbent shall have served on at least one sub -committee, or special project, of their respective Board or Commission. Rules of Procedure/By-Laws Rules of procedure or by-laws for the proper conduct of business should be adopted. Organization and Officers As set forth in the by-laws, there shall be an annual election of a chairperson and vice - chairperson. The position of chairperson and vice -chairperson should be rotated among members on an annual basis. The Chairperson The Chairperson is the key to the entire group process. The Chairperson must balance being strong enough to make certain the meeting is conducted in an orderly fashion and democratic enough to use the power and authority of the position wisely. The Chairperson's ability to handle meetings will have a significant impact on morale, operation, and effectiveness. The Chairperson must make sure that discussions do not get sidetracked on minor issues and must have the ability to see the "whole picture". The most important duty of the Chairperson lies in his/her ability to find a common ground and achieve workable compromises if appropriate. The Chairperson must be able to represent the entire group to the City Council and community groups. 5 Minutes Minutes shall be taken for all board and commission meetings. The Council has provided that these minutes shall be "action minutes" and not "verbatim" which briefly describe the issues and actions taken. Minority opinions of members may also be recorded in the minutes if desired. Comments by all members on every agenda item cannot practicably be included in the minutes. Also, members abstaining for legal conflict of interest requirements are required to state their reason for recordation in the minutes. Minutes must be approved at a subsequent meeting and then become part of the City's official records in the office of the City Clerk. Development and Review of Board and Commission Goals and Department Policies The City of Temecula prepares and operates on an annual budget cycle. Boards and commissions are encouraged to annually review and comment on department programs and capital projects that may be related to their scope of interest. This evaluation is intended to focus attention on the overall program and service priorities and board and commission objectives; and is not intended to be an evaluation of the administration or operation of City departments. Involvement in Administrative Matters Boards and commissions should not become involved in the administrative or operational matters of City departments unless specifically provided in the prescribed powers and duties. Members may not direct staff to initiate major programs, conduct large studies or establish department policy without approval of the City Council. City staff assigned to furnish staff services shall be available to provide general staff assistance, such as preparation of agenda materials, general review of department programs and activities, to perform limited studies, program reviews and other services of a general staff nature. Boards and commissions may not establish department work programs or determine department program priorities unless specifically authorized in their prescribed powers and duties. The responsibility for setting policy and allocating City resources rests properly with the City's duly elected representatives, the City Council, and cannot be delegated to an outside group, however capable and interested it might be. Communication with the City Council To avoid possible compromising situations, during a City Council meeting the invitation to individual board or commission members to address the Council on matters relating to their official capacity rests solely with the City Council. It should be emphasized that when asked to address the Council on a matter, the member should represent the viewpoint of the board or commission as a whole (not a personal opinion); unless a proper qualification is made. Working with Other Members Members should make every effort to uphold their reputation for honesty, fairness, and openness with the citizens of the community. Each group will undoubtedly consist of diverse personalities; it is important that the board or commission work together to accomplish common goals. 6 Working with Staff Board or commission members are individually appointed by the City Council. City staff assigned to work with the groups report to the City Manager, who in turn, reports to the City Council. A department director or administrator usually arranges staff support for each group. If a board or commission member wishes to initiate a project that requires in depth staff involvement, it is necessary for the project to be placed on the board or commission agenda for discussion and recommendation to the City Council that the project be authorized. Staff may begin preparing the necessary reports and studies after the City Council has authorized the project. Providing in depth staff support may require operational adjustments. Members are encouraged to be cognizant of the time involved on the part of staff in preparing requested studies and reports. Individuals should make every attempt to clarify differences and make certain that clear communication is taking place. The public meeting should not be used to express anger or disagreement. If differences cannot be resolved by this method, the Councilmember serving as Board or Commission Liaison and/or City Manager should be consulted to resolve the matter. Staff Reports to Council on Board or Commission Actions On occasion, staff will be required to prepare an agenda report on either a board or commission action or appeal for City Council review. The staff member should present both the staff position and the board or commission's position in the report. The majority and minority viewpoints of the board or commission members should also be presented in the staff report. It is the desire of the City Council to have an opportunity to hear and consider all sides of an issue and alternative recommendations to assist in their decision-making process. Procedure for Handling Public or Appeal Hearings In some instances, commissions will have to conduct a public hearing, either on a major issue of concern to the community or on a permit application or appeal of a staff decision. It is recommended that the procedure established by the City Attorney be followed at all times during the conduct of these types of hearings. Legal Assistance Some boards or commissions require the presence of a City Attorney. When there is doubt concerning the legality of an issue, the attorney should advise members as to the legality of the proposed action. Great care must be taken in the maintenance of records of the proceedings. The direction of the City Attorney should be followed closely. When in doubt about the legality of a procedure, the board or commission should refrain from additional discussion and decision making until the legal opinion is rendered. If necessary, a hearing may be continued until matters can be clarified. The attorney must control the circumstances surrounding a particular matter since he/she may be required to defend the action in court. Council Review of Action Most actions and recommendations of boards or commissions may be appealed to the City Council for review and approval. Certain actions are final with the commission with no right of appeal. Public Appearance of Members When a board or commission member appears in a non -official, non -representative capacity before any public or private body, the member shall not identify or disclose his/her membership on a board or commission. If a question of membership arises, the member shall indicate that he/she is appealing and speaking only as an individual. There are significant legal restrictions on the ability of a board or commission member to appear before any board or commission of the City, and particularly his or her own board or commission. The City Attorney should be consulted in advance of any such appearance. Members should take particular care to comply with provisions of the Brown Act that governs open public meetings. While the staff provides the appropriate notice and agendas for board and commission meetings, individual members need to be careful that they do not discuss City business with other board or commission members, either together or one at at time, outside of a properly noticed public meeting. A summary of the major provisions and requirements of the Ralph M. Brown Act is included in this handbook. Board or Commission Members Running for Elective Office Members of the City's boards or commissions shall be permitted to retain membership on such appointive bodies while seeking any elective office. Members of appointive bodies shall not, however, use the meetings, functions or activities of such bodies for purposes of campaigning for elective office. There are also significant conflict of interest rules relating to campaign contributions to a board or commission member who is running for any elective office. Unlike members of the City Council, campaign contributions to board or commission members are considered as income and the conflict of interest rules apply to any board or commission actions involving a campaign contributor. These rules are described in the Conflict of Interest Handbook and the City Attorney should be consulted by any board or commission member who decides to run for any elective office. Board or Commission Positions on Ballot Proposals and Legislation Boards and commissions may review and make recommendations to the City Council on ballot proposals and legislation. The City Council shall review all such recommendations. Board or commission members shall only represent the majority position of the City Council on such matters unless speaking as an individual or indicating a minority opinion. 8 SECTION 3 Purpose: CITY OF TEMECULA City Clerk's Office PROCEDURES FOR BOARDS AND COMMISSIONS The City of Temecula has one board (Old Town Local Review Board) and three commissions (Community Services Commission, Planning Commission, and Public/Traffic Safety Commission). The Municipal Code of the City of Temecula contains general provisions which govern the City's commissions. Chapter 2.40 is City Commissions and relates to the Planning Commission, Chapter 2.44 is Public/Traffic Commission, and Chapter 2.48 is Community Services Commission. The Planning Commission is also subject to statutory provisions pursuant to law. This document generally governs the City Clerk's office procedures regarding boards and commissions. 1. COMMUNITY SERVICES COMMISSION • The Community Services Commission meets on the second Monday of each month. The meetings are held at 6:00 PM in the Council Chambers at City Hall. The Community Services Commission reviews and makes recommendations to the City Council concerning the Parks and Recreation Element of the General Plan and works with the Temecula School District, other City Departments, and community groups to provide parks and recreation services and programs for the community. Members of this commission are required to be a resident of the City of Temecula and a registered voter. The terms are three years each with staggering expiration dates. 2. PLANNING COMMISSION • The Planning Commission meets on the first and third Wednesday of each month. The meetings are held at 6:00 PM in the Council Chambers at City Hall. The Planning Commission serves as the designated planning agency for the City of Temecula and considers current planning matters such as subdivisions, specific plans, zone changes, plot plans and conducts public hearings as required by law. The Commission is also charged with preparation of the General Plan of the City and advising the City Council on all matters concerning City planning. Members of this commission are required to be a resident of the City of Temecula and a registered voter. The terms are three years each with staggering expiration dates. 3. PUBLIC/TRAFFIC SAFETY COMMISSION • The Public/Traffic Safety Commission meets on the fourth Thursday of each month. The meetings are held at 6:00 PM in the Council Chambers at City Hall. The Public/Traffic Safety Commission makes recommendations to the City Council on traffic matters within the City such as speed zones, stop signs and signals, pavement markings, traffic design and engineering. The Commission also recommends traffic enforcement measures and 1 coordinates City activities with the CHP, Sheriff, County Road Department, and other regional traffic management and planning agencies. In addition, the commission makes recommendations to the City Council concerning law enforcement, fire suppression and prevention, and disaster planning for the City of Temecula. Members of this commission are required to be a resident of the City of Temecula and a registered voter. The terms are three years each with staggering expiration dates. 4. OLD TOWN LOCAL REVIEW BOARD • The Old Town Local Review Board meets on the second Monday of each month. The meetings are held at 9:00 AM in the Great Oak Conference Room at City Hall. The Old Town Local Review Board is established by the Old Town Specific Plan and has responsibility for serving as an advisory resource to all agencies of the City in matters pertaining to the historic significance and related architectural themes of the historic district. The board is also charged with encouraging public understanding and appreciation of the unique architectural, environmental, and cultural heritage of the district through educational and interpretive programs. Members of this board are required to be a registered voter. The terms are three years each with staggering expiration dates. 5. APPOINTMENT OF BOARD AND COMMISSION MEMBERS • The City Council is the appointing body for the City's board and commissions. When a vacancy occurs, whether it is by expiration of term, resignation or other circumstance, the City Council shall fill that vacancy through appointment. o Scheduled Vacancy - Three months prior to a board or commission term expiring, a notice shall be published in a local newspaper of general circulation and posted at the City's designated posting locations (Temecula Library, Chamber of Commerce and Civic Center) pursuant to the Government Code. In addition, the vacancy shall be advertised on the City's website and PEG Channel. Flyers shall be available in the City Hall lobby and distributed at various City -affiliated events. Email lists, such as Constant Contact, press releases and social media shall also be used to promote the vacancy. o Unscheduled Vacancy - In the event of an unscheduled vacancy, occurring by resignation or other circumstance, the "Special Notice of Vacancy" shall be immediately posted and published pursuant to Government Code 54974. In addition, the unscheduled vacancy shall be advertised utilizing the same methods as identified above for scheduled vacancies. • Unless otherwise indicated, a vacancy shall be advertised for no less than a thirty (30) day period from the date of publication. If multiple vacancies occur on a board or commission within sixty (60) days of one another, the City Council may at its discretion consider those vacancies jointly without readvertisement. • The City Clerk shall provide incumbent commission member(s) with a notification letter advising of the upcoming expiration and inviting them to reapply. 2 • Applications received will be processed in the following manner: o Completed applications shall be submitted on the Application for Commission and Board Appointment, which will be available and accepted in the City Clerk's Office until the closing date as indicated on the notice. o The City Clerk will provide a non -redacted set of qualified applications to the subcommittee of two council members, consisting of the mayor and the commission liaison for that particular commission, identifying the dates the recommendation is due and the City Council meeting at which the appointment will be considered. A non -redacted courtesy copy of all applications shall also be sent to the entire City Council. The subcommittee may conduct applicant interviews as they deem appropriate. The recommendation of the ad hoc subcommittee is then presented as an agenda item at a City Council Meeting where a majority vote is required for appointment. o The general timeline for scheduled vacancies is as follows: June Vacancy March 1st April 1St May 1St May June Notice of Vacancy is Posted, Published and Advertised Application Packet to Subcommittee for Recommendation Recommendation Received from City Council Recommendation Considered/Appointment Made at 2nd City Council Meeting in May New Board or Commission Member Seated at Board/Commission Meeting Following Expiration of Prior Term October Vacancy July 1St August 1St September September October Notice of Vacancy is Posted, Published and Advertised Application Packet to Subcommittee for Recommendation 1St Recommendation Received from City Council Recommendation Considered/Appointment Made at 2nd City Council Meeting in September New Board or Commission Member Seated at Board/Commission Meeting Following Expiration of Prior Term • After the appointment is made, the City Clerk shall send a congratulatory letter to the new member(s) and coordinate new member orientation. The City Clerk shall also send a letter to the unsuccessful applicants notifying them of the appointment and inviting them to reapply for future vacancies. The City Clerk shall swear in the new member(s) at the next regularly scheduled board or commission, present a Certificate of Appointment and have the new member(s) sign an Oath of Affirmation. • If an incumbent applies and is not reappointed, the City Clerk shall send a letter to the unsuccessful incumbent notifying them of the new appointment and inviting them to the next regularly scheduled City Council meeting for presentation of a Certificate of Appreciation thanking them for their service to the City. If desired, the Certificate of Appreciation may also be mailed to the incumbent. 3 6. ORIENTATION OF NEW BOARD OR COMMISSION MEMBERS • Each new board or commission member shall receive a new member orientation. The orientation shall be coordinated through the City Clerk and include the following: o City Manager / City Council — Welcome on Behalf of the City and City Council o City Clerk — General Review of Commission Handbook, Review and Completion of Statement of Economic Interests (Form 700), Review of AB 1234 Ethics Training Requirements o Human Resources — Review and Completion of Personnel -Related Materials o City Department for Board/Commission — Introduction to Relevant Staff Members, Overview of Meetings and Board/Commission Makeup, Review of Pending Topics that Fall Under the General Jurisdiction of the Specific Board or Commission 7. REMOVAL OF BOARD AND COMMISSION MEMBERS • The City's Municipal Code, specifically Section 2.40.050, governs the removal process for any board or commission member and specifically states that a majority of the City Council may remove an appointee for good cause. In addition, under Section 2.40.090, a position is declared vacant when a member is absent from three consecutive meetings without excuse. 8. ANNUAL POSTING OF COMMISSIONERS • Pursuant to Government Code Section 54972 (Maddy Act), on or before December 31 of each year, the City Clerk's office shall prepare and post the Local Appointments List. The list shall be posted on the City Hall posting board and on the City's website. The list shall be periodically updated to reflect the appointment of new board and commission members. 9. TRAINING FOR BOARD AND COMMISSION MEMBERS • From time to time the City Clerk shall coordinate a citywide boards and commissions training in conjunction with the City Council, City Manager, City Attorney and Department Directors who serve as liaisons to the respective board and commissions. The training may cover a variety of topics, including but not limited to, the Commission Handbook, AB 1234 ethics training, conflicts of interest, Brown Act, and board and commission member roles. The training shall be noticed pursuant to the Brown Act. 10. RECOGNITION OF BOARD AND COMMISSION MEMBERS • The City Clerk's office shall coordinate an annual recognition event for board and commission members. Typically, the event shall occur in October and be held at the Conference Center. Procedure No.: 014 Last Revised: November 2014 4 SECTION 4 RELEVANT MUNICIPAL CODE SECTIONS (Current as of November 2014) Chapter 2.40 CITY COMMISSIONS GENERALLY 2.40.010 Commission established. There shall be established within the city a planning commission. For purposes of state planning law, the planning commission shall serve as the planning agency, unless another official or body is specifically designated to perform that function or make a particular decision as provided by ordinance of the city. Division of land use decisionmaking authority shall be as set forth in Ordinance No. 92-14. The city council may establish by ordinance and resolution such other commissions as it deems necessary. (Ord. 93-04 § 10: Ord. 90-02 § 1 (2.06.010)) 2.40.020 Number of members. Unless otherwise specifically provided, each commission shall consist of five members. (Ord. 90-02 § 1 (2.06.010)) 2.40.030 Qualifications. Unless otherwise specifically provided by law, or by ordinance or resolution of the city council, all members of commissions of the city shall, at all times during their incumbencies, be bona fide residents and registered voters of the city. No member of any commission shall be a city employee, nor shall any person be a member of more than one commission at any one time. (Ord. 96-08 § 2: Ord. 90-02 § 1 (2.06.030)) 2.40.040 Applications. The city clerk shall maintain all applications submitted to the city for commission positions for a period of two years. (Ord. 90-02 § 1 (2.06.040)) 2.40.050 Members—Appointment and removal. Members of each commission shall be nominated by an ad hoc committee of two council members subject to the approval of a majority of the city council. A majority of the council may remove an appointee for good cause. The chairperson and vice -chairperson of each commission shall be selected by a majority of the membership of that commission. (Ord. 2000-08 § 2: Ord. 90-02 § 1 (2.06.050)) 2.40.060 Term. The term of each commission member shall be three years with staggered terms. Initially, all five members may be selected at once. In order to achieve staggered terms, one member shall be appointed for a term of three years; two for terms of two years; and two for terms of one year; such terms to be determined by drawing lots. At the completion of any term, a commission member may be reappointed pursuant to the procedures set forth in Section 2.40.050. (Ord. 90-02 § 1 (2.06.060)) 2.40.070 Vacancies. If vacancies in any commission occur, other than by expiration of term, such vacancies shall be filled by appointment for the unexpired portion of the term. (Ord. 90-02 § 1 (2.06.070)) 2.40.080 Meetings/quorum. The city council shall establish meeting schedules for each commission by resolution. A quorum of three shall be required for the transaction of any business. (Ord. 90-02 § 1 (2.40.080)) 2.40.090 Absence from meetings. Should any commission member be absent from any three consecutive meetings of the commission, without excuse acceptable to the city council, that member shall vacate his or her seat on the commission. The vacancy shall be filled in the same manner as any other vacancy. (Ord. 90-02 § 1 (2.06.090)) 2.40.100 Compensation. City commissioners shall receive monthly compensation as follows: Planning commission Public traffic/safety commission Community services commission $50.00/meeting attended 50.00/meeting attended 50.00/meeting attended (Ord. 01-12 § 1: Ord. 01-11 § 1: Ord. 01-05 § 2, 2001: Ord. 99-09 § 1: Ord. 96-09 § 2: Ord. 90-02 § 1 (2.06.100)) Chapter 2.44 PUBLIC/TRAFFIC SAFETY COMMISSION 2.44.010 Established. Pursuant to Section 2.40.010, there is created an advisory commission to the city council which shall be known as the Temecula public/traffic safety commission. (Ord. 93-18 § 1 (12.01.010): Ord. 92-17 § 1 (12.01.010)) 2.44.020 Composition and membership. The public/traffic safety commission shall consist of five members appointed by the city council pursuant to Section 2.40.050. No officers or employees of the city or person under an employment contract subject to the jurisdiction of the city council shall be members of such commission. (Ord. 93-18 § 1 (12.01.020): Ord. 92-17 § 1 (12.01.020)) 2.44.030 Terms of office. Terms of office for public/traffic safety commissioners shall be three years with staggered terms. Initially, all five members may be selected at once. In order to achieve staggered terms, one member shall be appointed for a term of one year; two members for terms of two years; and two members for terms of one year, such terms to be determined by the drawing of lots. At the completion of any term a commission member may be reappointed pursuant to the procedures set forth in Section 2.40.050. (Ord. 93-18 § 1 (12.01.030): Ord. 92-17 § 1 (12.01-.030)) 2.44.040 Time and place of meetings. The public/traffic safety commission shall establish a regular date, time and place for commission meetings, which shall be open to the public. Such meetings shall occur no less frequently than once a month. (Ord. 93-18 § 1 (12.01.050): Ord. 92-17 § 1 (12.01.050)) 2.44.050 Powers and duties. The public/traffic safety commission shall advise the city council on all matters subject to the jurisdiction of the council pertaining to the public and traffic safety. The duties of the public/traffic safety commission shall be established by resolution of the city council. (Ord. 93-18 § 1 (12.01.060): Ord. 92-17 § 1 (12.01.060)) 2.44.060 Public hearings. Whenever the commission determines, by a two-thirds majority of those members present, that its deliberations with respect to a particular matter or matters would be substantially aided by the presentation of testimony from the citizens of the city, or of a certain area of the city, the commission may direct a public hearing be held concerning such matter or matters. Notice of such a hearing shall be provided by publication in a newspaper of general circulation published in the city, and/or by posting the same in at least three public places, not later than seven days prior to the date of the hearing. Such hearings shall be conducted in accordance with the rules established for the conduct of hearings before the city council unless the council, by resolution, shall otherwise provide. (Ord. 93-18 § 1 (12.01.070): Ord. 92-17 § 1 (12.01.070)) 2.44.070 Staff assistance. The city manager shall ensure that adequate staff will be allocated to provide necessary technical and clerical assistance to the commission. (Ord. 93-18 § 1 (12.01.040): Ord. 92-17 § 1 (12.01.040)) Chapter 2.48 COMMUNITY SERVICES COMMISSION 2.48.010 Established. There is established a Temecula community services commission. (Ord. 93-06 § 1 (13.01.010): Ord. 90- 05§1(13.10.010)) 2.48.020 Time and place of meetings. The time and place of the meetings of the Temecula community services commission shall be established by resolution of the commission. (Ord. 93-06 § 1 (13.01.020): Ord. 90-05 § 1 (13.01.020)) 2.48.030 Powers and duties. The duties of the Temecula community services commission shall be established by resolution of the city council. (Ord. 93-06 § 1 (13.01.030): Ord. 90-05 § 1 (13.01.030)) SECTION 5 1 1 FOUNDED 1955 INSTITUTE FOR LOCAL GOVERNMENT PUBLIC SERVICE ETHICS State Ethics Training Requirements For Local Officials: Frequently Asked Questions (FAQs) 9/04/12 Edition Overview of Requirement 1. What requirements does AB 1234 create regarding ethics training for local officials? The basic thrust of AB 1234 is to require covered officials (see next question) to take two hours of training in ethics principles and laws every two years. t Who's Covered 2. Who must receive mandatory ethics training? Basically the requirement applies to those elected or appointed officials who are compensated for their service or reimbursed for their expenses.2 The specific trigger for this requirement is whether the agency either compensates or reimburses expenses for members of any of its Brown Act covered bodies; if it does, then all elected and appointed "local agency officials" (as defined) must receive this training.3 "Local agency official" means any member of a legislative body or any elected local agency official who receives compensation or expense reimbursement.4 "Local agency" means "a city, county, city and county, charter city, charter county, charter city and county, or special district."5 Thus the training requirement does not include agencies on which local officials serve (for example, redevelopment agency governing boards or joint powers agencies), although many such officials will likely be covered by virtue of their status with cities, counties and special districts. Note that it also does not include school districts. Note that local agencies also have the option of requiring certain employees to receive this training.6 1400 K Street, Suite 205 • Sacramento, CA 95814. 916.658.8208 F 916.444.7535 • www.ca-ilg.org State Ethics Training Requirements For Local Officials: FAQs September 2012 3. What if an agency has a number of board members and commissioners who could theoretically get reimbursed for such expenses but as a practical matter haven't been for a long time? Determining whether such officials should receive such training involves a judgment call in consultation with one's agency attorney. Some agencies are rethinking whether they want to reimburse the members of all their commissioners and board members or be more selective. Another consideration is whether the nature of such officials' duties are such that the official would benefit from such training and the agency would benefit from having this official be trained (in terms of reducing the likelihood of missteps). Another approach is for an agency to identify all commissioners and board members that have been reimbursed and/or compensated in the past year and notify them of their need to receive training. For others who haven't been reimbursed and/or compensated, the expense reimbursement forms required by AB 12347 could include an advisory which alerts board members and commissioners of the need to get training if they are seeking reimbursement for expenses. 4. What about those who serve on multiple local agency bodies? The official only has to satisfy the requirement once (within one year of taking office and every two years after that). 8 Institute for Local Govemment www.ca-ila.orq 2 State Ethics Training Requirements For Local Officials: FAQs September 2012 5. Can AB 1234's ethics training requirements constitutionally apply to charter cities? Many city attorneys are not convinced that AB 1234 contains the necessary fmdings to make it applicable to charter cities, although the bill purports to apply to charter cities by including charter cities within the defmition of local agency. However, a number of charter cities already have such training programs and/or think they would be helpful and hence, are voluntarily complying with the spirit of AB 1234. Such an approach may reflect well on a city and city officials should the local media inquire about city officials' compliance with AB 1234. Timing and Deadline Issues 6. By when must an official receive such training and how often again after that? • Officials in Service as of January 1, 2006. Except for officials whose term of office ends before January 1, 2007, those in office on January 1, 2006 must receive the training before January I, 2007.10 After that, they must receive the training at least once every two years. 1 1 Officials whose term of office ends before January 9, 2007 were excused.' • Those Beginning Service After January 1, 2006. Those who enter office after January 1, 2006 must receive the training within a year of starting their service. They must then receive the training every two years after that. 13 Reasonable attorneys disagree how the "every two years" requirement should be interpreted. One interpretation would be that, if an official received the required training on May 15, 2011, the official would need to receive training again on or before May 14, 2013. Another would be that this same official satisfied the requirement in 2011 and needs to again satisfy the requirement in 2013. Institute for Local Govemment www.ca ila.orq 3 State Ethics Training Requirements For Local Officials: FAQs September 2012 Compliance and Enforcement 7. How do officials demonstrate compliance with the mandatory ethics requirements? When local agency officials receive the training, they will be given proof of participation.14 Copies of these certificates must be provided to the agency's custodian of records and maintained as public records subject to disclosure to the media, the public and others for at least five years.'5 8. What is the enforcement mechanism to assure that local officials receive such training? The new law is directory; there is no specific penalty for failing to complete the required training.16 Presumably there will be a periodic public records requests by the media, candidates and others to verify which officials have and have not met the requirements. 17 Local agencies are using a variety of techniques to encourage compliance. Options include: 1. Circulate a List of Complying and Non -complying Officials within the Agency. Putting who has (and who has not) complied in writing along with a reminder that the agency is expecting media and other inquiries may be one way to encourage compliance. This list can be circulated to officials with a thank you to those who have satisfied the requirement and a list of options for compliance for those who have not. 2. Create a Financial Penalty. Another option for encouraging compliance is to adopt a policy that officials who have not complied with their AB 1234 training requirements will not be eligible to have their expenses reimbursed. 3. Make Compliance a Condition of Agency Service for Appointees. In situations where the non-compliant official is an appointee, a local policy could provide the appointment be either rescinded or that the non- complying individual is ineligible for re -appointment. 4. Post Certificates on Agency's Website. The agency can post scans of those within the agency who have complied with the requirement, which also lets the media and the public know how the official satisfied the training. Institute for Local Govemment www.ca-ilq.orq 4 State Ethics Training Requirements For Local Officials: FAQs September 2012 Content Issues, Options for Satisfying the Requirement and Trainer Qualifications 9. Where can local officials get this training? Local agencies must provide covered officials with a list of options for satisfying this requirement at least once a year.18 The training can occur in-person, online or on a self -study basis (read materials and take a test).19 Agencies are not required to provide the training themselves, although a number may choose to do so. A variety of organizations offer such training (including law firms and nonprofit organizations). In addition, there are self -study materials available from the Institute for Local Government's website(uwww.ca-ilg.org/AB1234compliance) as well as a free online course at http:,-;-localethics.fppc.ca.gov or http:,'iwww.localethicsJppc.ca.gov that the Institute developed in collaboration with the FPPC. The Institute also has materials for in-house counsel and others who are interested in offering such training. 10. How do people or organizations become certified as AB 1234 ethics trainers? Strictly speaking, they don't. The Attorney General and FPPC have adopted guidelines for course curriculum accuracy and sufficiency, but there is no trainer - certification requirement.20 The Attorney General's guidelines require that the ethics law portion of AB 1234 training be given only by attorneys licensed to practice law in California and knowledgeable about California's ethics laws. 11. What issues must AB 1234 ethics training programs address? The training must cover general ethics principles relating to public service and ethics laws.21 "Ethics laws" are defined as including:22 • Laws relating to personal financial gain by public officials (including bribery and conflict of interest laws); • Laws relating to office -holder perks, including gifts and travel restrictions, personal and political use of public resources and prohibitions against gifts of public funds; Institute for Local Govemment www.ca-ila.org 5 State Ethics Training Requirements For Local Officials: FAQs September 2012 • Governmental transparency laws, including financial disclosure requirements and open government laws (the Brown Act and Public Records Act); • Law relating to fair processes, including fair contracting requirements, common law bias requirements and due process. The Institute has materials to address these issues. The ILG resources can be found at w-ww.ca-ilg.org/AB1234compliance. Given the breadth of the subjects that need to be covered, the goal of the training cannot be to teach local officials the law in each of these areas. Instead the goal needs to be to acquaint local officials with the fact that there are laws that govern their behavior in each of these areas, to motivate officials to comply with such laws (among other things by explaining the consequences of missteps) and to alert them on when they need to seek the advice of qualified legal counsel when issues arise with respect to such laws. Note that the Attorney General's Guidelines allow those who have taken the initial overview course to go deeper into certain aspects of ethics law in subsequent compliance efforts. 2 12. Can I get State Bar minimum continuing legal education (MCLE) credit for attending AB 1234 training? Yes. AB 1234 training is eligible for MCLE participatory credit,24 provided the training complies with MCLE requirements. It is not, however, eligible for MCLE legal ethics credit.25 Brown Act Compliance 13. Must an AB 1234 training session that will be attended by a quorum of a legislative body comply with the Brown Act? The consensus appears to be that the Brown Act applies and therefore, the meeting must be open to the public and properly noticed. The Brown Act requires regular "meetings" of "legislative bodies" of local public agencies be open and public.26 A "meeting" is "any congregation of a majority of the members of a legislative body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body or the local agency to which it pertains."27 Theoretically, it is possible for a majority of the members of a legislative body to attend an AB 1234 training session without triggering the Brown Act provided that they neither hear Institute for Local Govemment www.ca-ilg.org 6 State Ethics Training Requirements For Local Officials: FAQs September 2012 nor discuss any topic that arguably comes within the legislative body's subject matter jurisdiction. The goal of AB 1234 training, however, is to acquaint local officials with the laws that govern their behavior and motivate them to comply with such laws. In light of this goal, it is highly likely that training attendees will ask questions related to matters within the legislative body's subject matter jurisdiction. Accordingly, the Institute believes that the best course of action is to comply with the Brown Act. Note that AB 1234 training that occurs at conference sessions are subject to the conference session exception to the Brown Act. 28 N c 1 Cal. Gov't Code § 53235(a), (b). 2 The language is potentially confusing on this point. The new law says that if a local agency provides any type of compensation or reimbursement for members of its legislative bodies, then all "local agency officials" must receive training. See Cal. Gov't Code § 53235(a). But the definition of "local agency official" means "any member of a local agency legislative body or any elected official who receives any type of compensation ...or reimbursement for actual and necessary expenses incurred in the performance of official duties." See Cal. Gov't Code § 53234(c)(1). 3 Cal. Gov't Code § 53235(a) ("If a local agency provides any type of compensation, salary, or stipend to a member of a legislative body, or provides reimbursement for actual and necessary expenses incurred by a member of a legislative body in the performance of official duties, then all local agency officials shall receive training in ethics pursuant to this article"); § 53234(a) (defining legislative body by reference to the Brown Act, Government Code section 54952). 4 Cal. Gov't Code § 53234(c)(1). 4 Cal. Gov't Code § 53234(b). 6 Cal. Gov't Code § 53234(c)(2). 7 Cal. Gov't Code § 53232.3(a). 8 See Cal. Gov't Code § 53235.1(c). 9 Cal. Gov't Code § 53234(b). 10 See Cal. Gov't Code § 53235.1(a). 11 See Cal. Gov't Code § 53235.1(a). 12 Cal. Gov't Code § 53235.1(a). 13 See Cal. Gov't Code § 53235.1(b). The law requires that subsequent training occur "at least once every two years." Some agencies interpret this to mean that training may occur in successive two year periods, not necessarily before the two year anniversary of the last training. This is an area where substantial compliance based on the spirit of the law should be sufficient. 14 Cal. Gov't Code § 53235.1(e). 15 Cal. Gov't Code § 53235.2. 16 Cal. Gov't Code § 53235.2. 17 Note: in addition to maintaining records on compliance with the minimum standards imposed by AB 1234, local agencies may also want to maintain records of any additional training local agency officials received. This will enable those inquiring to ascertain the agency's and individual's full scope of commitment to understanding the ethical and legal obligations associated with public service. 18 Cal. Gov't Code § 53235(0. 19 Cal. Gov't Code § 53235(d). 20 See Cal. Gov't Code § 53235(c). The FPPC adopted it's guidelines as a regulation20 and the Attorney General issued General Guidelines on Course Accuracy and Sufficiency, which are available on the Department of Justice website: http://caag.state.ca.us/ethics/eth locguide final.pdf. A summary of the state's guidelines for training is also available at www.ca-ilg.org/AB1234compliance. Institute for Local Govemment www.ca-ila.orq 7 State Ethics Training Requirements For Local Officials: FAQs September 2012 21 Cal. Gov't Code § 53235(b). 22 Cal. Gov't Code § 53234(d). 23 See Attorney General Guidelines, bottom of page 3, available at Intl) :f/oag.ca.goo/sites/alWiles/pdfs/ethics/eth Joe..guide final.pdf? ,a State bar's response to an inquiry by the Institute, November 6, 2006. '3 Id. 26 Cal. Gov't Code § 54953. 27 Cal. Gov't Code § 54952.2 (emphasis added). 28 Cal. Gov't Code § 54952.2(c)(2) (Conference must be open to the public and attendees must be mindful of restrictions on discussing items with colleagues). Institute for Local Govemment www.ca-ilo.orq SECTION 6 2013/2014 Form 700 Statement of Economic Interests Reference Pamphlet California Fair Political Practices Commission 428 J Street, Suite 620 • Sacramento, CA 95814 Advice Email: advice@fppc.ca.gov Toll-free advice line: 1 (866) ASK-FPPC • (866) 275-3772 Telephone: (916) 322-5660 • Website: www.fppc.ca.gov December 2013 Contents • Who Must File Page 3 • Types of Form 700 Filings Page 4 • Where to File Page 5 When to File Page 6 Terms & Definitions Page 8 What's New Gifts and Travel Payments The Commission is continually updating regulations and rules that pertain to gifts and travel payments. For the most current information, including new travel rules effective January, 2014, refer to the fact sheets and FAQs on our website. The rules contained in this publication were those in effect through December 31, 2013 and apply to gifts and travel payments received during 2013. New Gift Tracking Mobile Application FPPC has created and launched a new gift tracking app for mobile devices. The app helps filers track gifts they receive in a calendar year and provides a quick and easy way to upload the information to the Form 700. The data is not collected electronically, it is fully stored on the phone. This app is currently available for Android Phone running version 4.0 or higher, with an iOS version coming in the near future. FPPC Form 700 Reference Pamphlet (2013/2014) FPPC Advice Email: advice@Afppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Ref. Pamphlet - 2 Who Must File 1. Officials and Candidates Specified in Gov. Code Section 87200 and Members of Boards and Commissions of Newly Created Agencies The Act requires the following individuals to fully disclose their personal assets and income described in Form 700, Statement of Economic Interests: State Offices • Governor • Lieutenant Governor • Attorney General • Controller • Insurance Commissioner • Secretary of State • Treasurer • Members of the State Legislature • Superintendent of Public Instruction • State Board of Equalization Members • Public Utilities Commissioners • State Energy Resources Conservation and Development Commissioners • State Coastal Commissioners • Fair Political Practices Commissioners • State public officials (including employees and consultants) who manage public investments • Elected members of and candidates for the Board of Administration of the California Public Employees' Retirement System • Elected members of and candidates for the Teachers' Retirement Board • Members of the High Speed Rail Authority Other officials and employees of state boards, commissions, agencies, and departments file Form 700 as described in Part 2 on this page. Judicial Offices • Supreme, Appellate, and Superior Court Judges • Court Commissioners • Retired Judges, Pro -Tem Judges, and part-time Court Commissioners who serve or expect to serve 30 days or more in a calendar year County and City Offices • Members of Boards of Supervisors • Mayors and Members of City Councils • Chief Administrative Officers • District Attorneys • County Counsels • City Attorneys • City Managers • Planning Commissioners • County and City Treasurers • County and city public officials (including employees and consultants) who manage public investments Members of Boards and Commissions of Newly Created Agencies Members must fully disclose their investments, interests in real property, business positions, and income (including loans, gifts, and travel payments) until the positions are covered under a conflict of interest code. 2. State and Local Officials, Employees, Candidates, and Consultants Designated in a Conflict of Interest Code ("Code Filers") The Act requires every state and local government agency to adopt a unique conflict of interest code. The code lists each position within the agency filled by individuals who make or participate in making governmental decisions that could affect their personal economic interests. The code requires individuals holding those positions to periodically file Form 700 disclosing certain personal economic interests as determined by the code's "disclosure categories." These individuals are called "designated employees" or "code filers." Obtain your disclosure categories from your agency — they are not contained in the Form 700. Persons with broad decisionmaking authority must disclose more interests than those in positions with limited discretion. For example, you may be required to disclose only investments and business positions in or income (including loans, gifts, and travel payments) from businesses of the type that contract with your agency, or you may not be required to disclose real property interests. In addition, certain consultants to public agencies may qualify as public officials because they make, participate in making, or act in a staff capacity for governmental decisions. Agencies determine who is a consultant and the level of disclosure and may use Form 805. Note: An official who holds a position specified in Gov. Code Section 87200 is not required to file statements under the conflict of interest code of any agency that has the same or a smaller jurisdiction (for example, a state legislator who also sits on a state or local board or commission). Employees in Newly Created Positions of Existing. Agencies An individual hired for a position not yet covered under an agency's conflict of interest code must file Form 700 if the individual serves in a position that makes or participates in making governmental decisions. These individuals must file under the agency's broadest disclosure category until the code is amended to include the new position unless the agency has provided in writing a limited disclosure requirement. The Form 804 may be used to satisfy this requirement. FPPC Form 700 Reference Pamphlet (2013/2014) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Ref. Pamphlet - 3 Types of Form 700 Filings Assuming Office Statement: If you are a newly appointed official or are newly employed in a position designated, or that will be designated, in a state or local agency's conflict of interest code, your assuming office date is the date you were sworn in or otherwise authorized to serve in the position. If you are a newly elected official, your assuming office date is the date you were sworn in. • Investments, interests in real property, and business positions held on the date you assumed the office or position must be reported. In addition, income (including loans, gifts, and travel payments) received during the 12 months prior to the date you assumed the office or position is reportable. For positions subject to confirmation by the State Senate or the Commission on Judicial Performance, your assuming office date is the date you were appointed or nominated to the position. Example: Maria Lopez was nominated by the Governor to serve on a state agency board that is subject to state Senate confirmation. The assuming office date is the date Maria's nomination is submitted to the Senate. Maria must report investments, interests in real property, and business positions she holds on that date, and income (including loans, gifts, and travel payments) received during the 12 months prior to that date. If your office or position has been added to a newly adopted or newly amended conflict of interest code, use the effective date of the code or amendment, whichever is applicable. • Investments, interests in real property, and business positions held on the effective date of the code or amendment must be reported. In addition, income (including loans, gifts, and travel payments) received during the 12 months prior to the effective date of the code or amendment is reportable. Annual Statement: Generally, the period covered is January 1, 2013, through December 31, 2013. If the period covered by the statement is different than January 1, 2013, through December 31, 2013, (for example, you assumed office between October 1, 2012, and December 31, 2012, or you are combining statements), you must specify the period covered. • Investments, interests in real property, business positions held, and income (including loans, gifts, and travel payments) received during the period covered by the statement must be reported. Do not change the preprinted dates on Schedules A-1, A-2, and B unless you are required to report the acquisition or disposition of an interest that did not occur in 2013. • If your disclosure category changes during a reporting period, disclose under the old category until the effective date of the conflict of interest code amendment and disclose under the new disclosure category through the end of the reporting period. Leaving Office Statement: Generally, the period covered is January 1, 2013, through the date you stopped performing the duties of your position. If the period covered differs from January 1, 2013, through the date you stopped performing the duties of your position (for example, you assumed office between October 1, 2012, and December 31, 2012, or you are combining statements), the period covered must be specified. The reporting period can cover parts of two calendar years. • Investments, interests in real property, business positions held, and income (including loans, gifts, and travel payments) received during the period covered by the statement must be reported. Do not change the preprinted dates on Schedules A-1, A-2, and B unless you are required to report the acquisition or disposition of an interest that did not occur in 2013. Candidate Statement: If you are filing a statement in connection with your candidacy for state or local office, investments, interests in real property, and business positions held on the date of filing your declaration of candidacy must be reported. In addition, income (including loans, gifts, and travel payments) received during the 12 months prior to the date of filing your declaration of candidacy is reportable. Do not change the preprinted dates on Schedules A-1, A-2, and B. Candidates running for local elective offices (e.g., county sheriffs, city clerks, school board trustees, and water district board members) must file candidate statements, as required by the conflict of interest code for the elected position. The code may be obtained from the agency of the elected position. Amendments: If you discover errors or omissions on any statement, file an amendment as soon as possible. You are only required to amend the schedule that needs to be revised; it is not necessary to refile the entire form. Obtain amendment schedules from the FPPC website at www.fppc.ca.gov. FPPC Form 700 Reference Pamphlet (2013/2014) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Ref. Pamphlet - 4 Where to File 1. Officials Specified in Gov. Code Section 87200 (See Reference Pamphlet, page 3): In most cases, the filing officials listed below will retain a copy of your statement and forward the original to the FPPC. Filers Where to File 87200 Filers State offices Your agency Judicial offices The clerk of your court Retired Judges Directly with FPPC County offices Your county filing official City offices Your city clerk Multi -County offices Your agenc 87200 Canditates State offices County elections official with Judicial offices whom you file your declaration Multi -County offices of candidacy County offices County elections official City offices City Clerk Public Employees' CaIPERS Retirement System (CaIPERS) State Teachers' CaISTRS Retirement Board (CaISTRS) Note: Individuals that invest public funds for a city or county agency must file Form 700 with the agency. Unlike other 87200 filers, the original statement will not be forwarded to the FPPC pursuant to Regulation 18753. 2. Code Filers — State and Local Officials, Employees, Candidates, and Consultants Designated in a Conflict of interest Code: File with your agency, board, or commission unless otherwise specified in your agency's conflict of interest code. In most cases, the agency, board, or commission will retain the statements. Candidates for local elective offices designated in a conflict of interest code file with the elections office where the declaration of candidacy or other nomination documents are filed. 3. Members of Boards and Commissions of Newly Created Agencies: File with your newly created agency or with your agency's code reviewing body as provided by your code reviewing body. State Senate and Assembly staff members file statements directly with the FPPC. Exceptions: • Elected state officers are not required to file statements under any agency's conflict of interest code. • Filers listed in Section 87200 are not required to file statements under any agency's conflict of interest code in the same jurisdiction. For example, a county supervisor who is appointed to serve in an agency with jurisdiction in the same county has no additional filing obligations. 4. Positions Not Yet Covered Under a Conflict of interest Code An individual hired for a position not yet covered under an agency's conflict of interest code must file Form 700 if the individual serves in a position that makes or participates in making governmental decisions. These individuals must file under the broadest disclosure category until the code is amended to include the new position unless the agency has provided in writing a limited disclosure requirement. Agencies may use FPPC Form 804 for this disclosure. Such individuals are referred to as 'code filers.' See Regulation 18734. FPPC Form 700 Reference Pamphlet (2013/2014) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Ref. Pamphlet - 5 Where to File - (continued) Leaving Office Statements: Leaving office statements must be filed no later than 30 days after leaving the office or position. Exceptions: If you complete a term of office and, within 30 days, begin a new term of the same office (for example, you are reelected or reappointed), you are not required to file a leaving office statement. Instead, you will simply file the next annual statement due. • If you leave an office specified in Gov. Code Section 87200 and, within 45 days, you assume another office or position specified in Section 87200 that has the same jurisdiction (for example, a city planning commissioner elected as mayor), you are not required to file a leaving office statement. Instead, you will simply file the next annual statement due. • If you transfer from one designated position to another designated position within the same agency, contact your filing officer or the FPPC to determine your filing obligations. Candidate Statements All candidates (including incumbents) for offices specified in Gov. Code Section 87200 must file statements no later than the final filing date for their declaration of candidacy. Candidates seeking a position designated in a conflict of interest code must file no later than the final filing date for the declaration of candidacy or other nomination documents. Exception: A candidate statement is not required if you filed any statement (other than a leaving office statement) for the same jurisdiction within 60 days before filing a declaration of candidacy or other nomination documents. FPPC Form 700 Reference Pamphlet (2013/2014) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Ref. Pamphlet - 6 When to File Assuming Office Statements: Filer Deadline Elected officials 30 days after assuming office Appointed positions specified in Gov. Code Section 87200 Qt Newly created board and commission members not covered by a conflict of interest code 30 days after assuming office 2r 10 days after appointment or nomination Other appointed positions (including those held by newly- hired employees) that are or will be designated in a conflict of interest code 30 days after assuming office (30 days after appointment or nomination if subject to Senate confirmation) Positions newly added to a new or amended conflict of interest code 30 days after the effective date of the code or code amendment Exceptions: • Elected state officers who assume office in December or January are not required to file an assuming office statement, but will file the next annual statement due. • If you complete a term of office and, within 30 days, begin a new term of the same office (for example, you are reelected or reappointed), you are not required to file an assuming office statement. Instead, you will simply file the next annual statement due. If you leave an office specified in Gov. Code Section 87200 and, within 45 days, you assume another office or position specified in Section 87200 that has the same jurisdiction (for example, a city planning commissioner elected as mayor), you are not required to file an assuming office statement. Instead, you will simply file the next annual statement due. • If you transfer from one designated position to another designated position within the same agency, contact your filing officer or the FPPC to determine your filing obligations. Late statements are subject to a late fine of $10 per day per position up to $100 for each day the statement is late. Annual Statements: 1. Elected state officers (including members of the state legislature, members elected to the Board of Administration of the California Public Employees' Retirement System and members elected to the Teachers' Retirement Board); Judges and court commissioners; and Members of state boards and commissions specified in Gov. Code Section 87200: File no later than Monday, March 3, 2014. 2. County and city officials specified in Gov. Code Section 87200: File no later than Tuesday, April 1, 2014. 3. Multi -County officials: File no later than Tuesday, April 1, 2014. 4. State and local officials and employees designated in a conflict of interest code: File on the date prescribed in the code (April 1 for most filers). Exception: If you assumed office between October 1, 2013, and December 31, 2013, and filed an assuming office statement, you are not required to file an annual statement until March 2, 2015, or April 1, 2015, whichever is applicable. The annual statement will cover the day after you assumed office through December 31, 2014. Incumbent officeholders who file candidate statements also must file annual statements by the specified deadlines. FPPC Form 700 Reference Pamphlet (2013/2014) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Ref. Pamphlet - 7 Terms & Definitions The instructions located on the back of each schedule describe the types of interests that must be reported. The purpose of this section is to explain other terms used in Form 700 that are not defined in the instructions to the schedules or elsewhere. Blind Trust: See Trusts, Reference Pamphlet, page 16. Business Entity: Any organization or enterprise operated for profit, including a proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation, or association. This would include a business for which you take business deductions for tax purposes (for example, a small business operated in your home). Code Filer: An individual who has been designated in a state or local agency's conflict of interest code to file statements of economic interests. An individual hired on or after January 1, 2010 for a position not yet covered under an agency's conflict of interest code must file Form 700 if the individual serves in a position that makes or participates in making governmental decisions. These individuals must file under the broadest disclosure category until the code is amended to include the new position unless the agency has provided in writing a limited disclosure requirement. Agencies may use FPPC Form 804 for such disclosure. See Regulation 18734. Commission Income: "Commission income" means gross payments of $500 or more received during the period covered by the statement as a broker, agent, or salesperson, including insurance brokers or agents, real estate brokers or agents, travel agents or salespersons, stockbrokers, and retail or wholesale salespersons, among others. In addition, you may be required to disclose the names of sources of commission income if your pro rata share of the gross income was $10,000 or more from a single source during the reporting period. If your spouse or registered domestic partner received commission income, you would disclose your community property share (50%) of that income (that is, the names of sources of $20,000 or more in gross commission income received by your spouse or registered domestic partner). Report commission income as follows: • If the income was received through a business entity in which you and your spouse or registered domestic partner had a 10% or greater ownership interest (or if you receive commission income on a regular basis as an independent contractor or agent), use Schedule A-2. • If the income was received through a business entity in which you or your spouse or registered domestic partner did not receive commission income on a regular basis or you had a less than 10% ownership interest, use Schedule C. The "source" of commission income generally includes all parties to a transaction, and each is attributed the full value of the commission. Examples: • You are a partner in Smith and Jones Insurance Company and have a 50% ownership interest in the company. You sold two Businessmen's Insurance Company policies to XYZ Company during the reporting period. You received commission income of $5,000 from the first transaction and $6,000 from the second. On Schedule A-2, report your partnership interest in and income received from Smith and Jones Insurance Company in Parts 1 and 2. In Part 3, list both Businessmen's Insurance Company and XYZ Company as sources of $10,000 or more in commission income. • You are a stockbroker for Prince Investments, but you have no ownership interest in the firm. You receive commission income on a regular basis through the sale of stock to clients. Your total gross income from your employment with Prince Investments was over $100,000 during the reporting period. On Schedule A-2, report your name as the name of the business entity in Part 1 and the gross income you have received in Part 2. (Because you are an employee of Prince Investments, you do not need to complete the information in the box in Part 1 indicating the general description of business activity, fair market value, or nature of investment.) In Part 3, list Prince Investments and the names of any clients who were sources of $10,000 or more in commission income to you. • You are a real estate agent and an independent contractor under Super Realty. On Schedule A-2, Part 1, in addition to your name or business name, complete the business entity description box. In Part 2, identify your gross income. In Part 3, for each transaction that resulted in commission income to you of $10,000 or more, you must identify the brokerage entity, each person you represented, and any person who received a finder's or other referral fee for referring a party to the transaction to the broker. Note: If your pro rata share of commission income from a single source is $500 or more, you may be required to disqualify yourself from decisions affecting that source of income, even though you are not required to report the income. For information regarding disclosure of "incentive compensation," see Reference Pamphlet, page 12. FPPC Form 700 Reference Pamphlet (2013/2014) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Ref. Pamphlet - 8 Terms & Definitions - (continued) Conflict of Interest: A public official or employee has a conflict of interest under the Act when all of the following occur: • The official makes, participates in making, or uses his or her official position to influence a governmental decision; • It is reasonably foreseeable that the decision will affect the official's economic interest; • The effect of the decision on the official's economic interest will be material; and • The effect of the decision on the official's economic interest will be different than its effect on the public generally. Check the FPPC website (www.fppc.ca.gov) for a fact sheet entitled, ''Can I Vote? Conflict of Interest Overview." Conflict of Interest Code: The Act requires every state and local government agency to adopt a conflict of interest code. The code may be contained in a regulation, policy statement, or a city or county ordinance, resolution, or other document. An agency's conflict of interest code must designate all officials and employees of, and consultants to, the agency who make or participate in making governmental decisions that could cause conflicts of interest. These individuals are required by the code to file statements of economic interests and to disqualify themselves when conflicts of interest occur. The disclosure required under a conflict of interest code for a particular designated official or employee should include only the kinds of personal economic interests he or she could significantly affect through the exercise of his or her official duties. For example, an employee whose duties are limited to reviewing contracts for supplies, equipment, materials, or services provided to the agency should be required to report only those interests he or she holds that are likely to be affected by the agency's contracts for supplies, equipment, materials, or services. Consultant: An individual who contracts with or whose employer contracts with state or local government agencies and who makes, participates in making, or acts in a staff capacity for making governmental decisions. The agency determines who is a consultant. Consultants may be required to file Form 700. Such consultants would file under full disclosure unless the agency provides in writing a limited disclosure requirement. Agencies may use FPPC Form 805 to assign such disclosure. The obligation to file Form 700 is always imposed on the individual who is providing services to the agency, not on the business or firm that employs the individual. FPPC Regulation 18701 defines "consultant" as an individual who makes a governmental decision whether to: • Approve a rate, rule, or regulation • Adopt or enforce a law • Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement • Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval • Grant agency approval to a contract that requires agency approval and to which the agency is a party, or to the specifications for such a contract • Grant agency approval to a plan, design, report, study, or similar item • Adopt, or grant agency approval of, policies. standards, or guidelines for the agency or for any of its subdivisions A consultant also is an individual who serves in a staff capacity with the agency and: • participates in making a governmental decision: or • performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's conflict of interest code. Designated Employee: An official or employee of a state or local government agency whose position has been designated in the agency's conflict of interest code to file statements of economic interests or whose position has not yet been listed in the code but makes or participates in making governmental decisions. Individuals who contract with government agencies (consultants) may also be designated in a conflict of interest code. A federal officer or employee serving in an official federal capacity on a state or local government agency is not a designated employee. Disclosure Categories: The section of an agency's conflict of interest code that specifies the types of personal economic interests officials and employees of the agency must disclose on their statements of economic interests. Disclosure categories are usually contained in an appendix or attachment to the conflict of interest code. Contact your agency to obtain a copy of your disclosure categories. FPPC Form 700 Reference Pamphlet (201312014) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Ref. Pamphlet - 9 Terms & Definitions - (continued) Diversified Mutual Fund: Diversified portfolios of stocks, bonds, or money market instruments that are managed by investment companies whose business is pooling the money of many individuals and investing it to seek a common investment goal. Mutual funds are managed by trained professionals who buy and sell securities. A typical mutual fund will own between 75 to 100 separate securities at any given time so they also provide instant diversification. Only diversified mutual funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 are exempt from disclosure. In addition, Regulation 18237 provides an exception from reporting other funds that are similar to diversified mutual funds. See Reference Pamphlet, page 12. Elected State Officer: Elected state officers include the Governor, Lieutenant Govemor, Attorney General, Insurance Commissioner, State Controller, Secretary of State, State Treasurer, Superintendent of Public Instruction, members of the State Legislature, members of the State Board of Equalization, elected members of the Board of Administration of the California Public Employees' Retirement System and members elected to the Teachers' Retirement Board. Enforcement: The FPPC investigates suspected violations of the Act. Other law enforcement agencies (the Attorney General or district attorney) also may initiate investigations under certain circumstances. If violations are found, the Commission may initiate administrative enforcement proceedings that could result in fines of up to $5,000 per violation. Instead of administrative prosecution, a civil action may be brought for negligent or intentional violations by the appropriate civil prosecutor (the Commission, Attorney General, or district attorney), or a private party residing within the jurisdiction. In civil actions, the measure of damages is up to the amount or value not properly reported. Persons who violate the conflict of interest disclosure provisions of the Act also may be subject to agency discipline, including dismissal. Finally, a knowing or willful violation of any provision of the Act is a misdemeanor. Persons convicted of a misdemeanor may be disqualified for four years from the date of the conviction from serving as a lobbyist or running for elective office, in addition to other penalties that may be imposed. The Act also provides for numerous civil penalties, including monetary penalties and damages, and injunctive relief from the courts. Expanded Statement: Some officials or employees may have multiple filing obligations (for example, a city council member who also holds a designated position with a county agency, board, or commission). Such officials or employees may complete one expanded statement covering the disclosure requirements for all positions and file a complete, originally signed copy with each agency. Fair Market Value: When reporting the value of an investment, interest in real property, or gift, you must disclose the fair market value — the price at which the item would sell for on the open market. This is particularly important when valuing gifts, because the fair market value of a gift may be different from the amount it cost the donor to provide the gift. For example, the wholesale cost of a bouquet of flowers may be $10, but the fair market value may be $25 or more. In addition, there are special rules for valuing free tickets and passes. Call or email the FPPC for assistance. Gift and Honoraria Prohibitions: Gifts: State and local officials who are listed in Gov. Code Section 87200 (except judges — see below), candidates for these elective offices (including judicial candidates), and officials and employees of state and local government agencies who are designated in a conflict of interest code are prohibited from accepting a gift or gifts totaling more than $440 in a calendar year from a single source during 2013-2014. In addition, elected state officers, candidates for elective state offices, and officials and employees of state agencies are subject to a $10 per calendar month limit on gifts from lobbyists and lobbying firms registered with the Secretary of State. Honoraria: State and local officials who are listed in Gov. Code Section 87200 (except judges — see below), candidates for these elective offices (including judicial candidates), and employees of state and local government agencies who are designated in a conflict of interest code are prohibited from accepting honoraria for any speech given, article published, or attendance at any public or private conference, convention, meeting, social event, meal, or like gathering. FPPC Form 700 Reference Pamphlet (2013/2014) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Ref. Pamphlet -10 Terms & Definitions - (continued) Exceptions: • Some gifts are not reportable or subject to the gift and honoraria prohibitions, and other gifts may not be subject to the prohibitions, but are reportable. For detailed information, see the FPPC fact sheet entitled "Limitations and Restrictions on Gifts, Honoraria, Travel, and Loans," which can be obtained from your filing officer or the FPPC website (www.fppc.ca.gov). • The $440 gift limit and the honorarium prohibition do not apply to a part-time member of the governing board of a public institution of higher education, unless the member is also an elected official. • If you are designated in a state or local government agency's conflict of interest code, the $440 gift limit and honorarium prohibition are applicable only to sources you would otherwise be required to report on your statement of economic interests. However, this exception is not applicable if you also hold a position listed in Gov. Code Section 87200 (See Reference Pamphlet, page 3.) • For state agency officials and employees, the $10 lobbyist/lobbying firm gift limit is applicable only to lobbyists and lobbying firms registered to lobby your agency. This exception is not applicable if you are an elected state officer or a member or employee of the State Legislature. • Payments for articles published as part of the practice of a bona fide business, trade, or profession, such as teaching, are not considered honoraria. A payment for an "article published" that is customarily provided in connection with teaching includes text book royalties and payments for academic tenure review letters. An official is presumed to be engaged in the bona fide profession of teaching if he or she is employed to teach at an accredited university. Judges: Section 170.9 of the Code of Civil Procedure imposes gift limits on judges and prohibits judges from accepting any honorarium. Section 170.9 is enforced by the Commission on Judicial Performance. The FPPC has no authority to interpret or enforce the Code of Civil Procedure. Court commissioners are subject to the gift limit under the Political Reform Act. Income Reporting: Reporting income under the Act is different than reporting income for tax purposes. The Act requires gross income (the amount received before deducting losses, expenses, or taxes, as well as income reinvested in a business entity) to be reported. Pro Rata Share: The instructions for reporting income refer to your pro rata share of the income received. Your pro rata share is normally based on your ownership interest in the entity or property. For example, if you are a sole proprietor, you must disclose 100% of the gross income to the business entity on Schedule A-2. If you own 25% of a piece of rental property, you must report 25% of the gross rental income received. When reporting your community property interest in your spouse's or registered domestic partner's income, your pro rata share is 50% of his or her income. When you are required to report sources of income to a business entity, sources of rental income, or sources of commission income, you are only required to disclose individual sources of income of $10,000 or more. However, you may be required to disqualify yourself from decisions affecting sources of $500 or more in income, even though you are not required to report them. Examples: • Alice Ruiz is a partner in a business entity. She has a 25% interest. On Schedule A-2, she must disclose 25% of the fair market value of the business entity; 25% of the gross income to the business entity (even though all of the income received was reinvested in the business and she did not personally receive any income from the business); and the name of each source of $40,000 or more to the business. • Cynthia and Mark Johnson, a married couple, own Classic Autos. Income to this business was $200,000. In determining the amount to report for income on Schedule A-2, Part 2, Mark must include his 50% share ($100,000) and 50% of his spouse's share ($50,000). Thus, his reportable income would be $150,000 and he will check the box indicating $100,001- $1,000,000. (Also see Reference Pamphlet, page 13, for an example of how to calculate the value of this investment.) You are !Qt required to report: • Salary, reimbursement for expenses or per diem, social security, disability, or other similar benefit payments received by you or your spouse or registered domestic partner from a federal, state, or local government agency • Campaign contributions • A cash bequest or cash inheritance • Returns on a security registered with the Securities and Exchange Commission, including dividends, interest, or proceeds from a sale of stocks or bonds • Redemption of a mutual fund FPPC Form 700 Reference Pamphlet (2013/2014) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Ref. Pamphlet -11 Terms & Definitions - (continued) • Payments received under an insurance policy, including an annuity • Interest, dividends, or premiums on a time or demand deposit in a financial institution, shares in a credit union, an insurance policy, or a bond or other debt instrument issued by a government agency • Your spouse's or registered domestic partner's income that is legally "separate" income • Income of dependent children • Automobile trade-in allowances from dealers • Loans and loan repayments received from your spouse or registered domestic partner, child, parent, grandparent, grandchild, brother, sister, parent -in- law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin unless he or she was acting as an intermediary or agent for any person not covered by this provision • Alimony or child support payments • Payments received under a defined benefit pension plan qualified under Internal Revenue Code Section 401(a) • Any loan from a commercial lending institution made in the lender's regular course of business on terms available to the public without regard to your official status • Any retail installment or credit card debts incurred in the creditor's regular course of business on terms available to the public without regard to your official status • Loans made to others. However, repayments may be reportable on Schedule C • A loan you co-signed for another person unless you made payments on the loan during the reporting period Incentive Compensation: "Incentive compensation" means income over and above salary that is either ongoing or cumulative, or both, as sales or purchases of goods or services accumulate. Incentive compensation is calculated by a predetermined formula set by the official's employer which correlates to the conduct of the purchaser in direct response to the effort of the official. Incentive compensation does not include: • Salary • Commission income (For information regarding disclosure of "commission income," see Reference Pamphlet, page 8.) • Bonuses for activity not related to sales or marketing, the amount of which is based solely on merit or hours worked over and above a predetermined minimum • Executive incentive plans based on company performance, provided that the formula for determining the amount of the executive's incentive income does not include a correlation between that amount and increased profits derived from increased business with specific and identifiable clients or customers of the company • Payments for personal services which are not marketing or sales The purchaser is a source of income to the official if all three of the following apply: • the official's employment responsibilities include directing sales or marketing activity toward the purchaser; and • there is direct personal contact between the official and the purchaser intended by the official to generate sales or business; and • there is a direct relationship between the purchasing activity of the purchaser and the amount of the incentive compensation received by the official. Report incentive compensation as follows: • In addition to salary, reimbursement of expenses, and other income received from your employer, separately report on Schedule C the name of each person who purchased products or services sold, marketed or represented by you if you received incentive compensation of $500 or more attributable to the purchaser during the period covered by the statement. If incentive compensation is paid by your employer in a lump sum, without allocation of amounts to specific customers, you must determine the amount of incentive compensation attributable to each of your customers. This may be based on the volume of sales to those customers. (See Regulations 18703.3 and 18728.5 for more information.) Investment Funds: The term "investment" no longer includes certain exchange traded funds, closed-end funds, or funds held in an Internal Revenue Code qualified plan. These non -reportable investment funds (1) must be bona fide investment funds that pool money from more than 100 investors, (2) must hold securities of more than 15 issuers, and (3) cannot have a stated policy of concentrating their holdings in the same industry or business ("sector funds"). In addition, the filer may not influence or control the decision to purchase or sell the specific fund on behalf of his or her agency during the reporting period or influence or control the selection of any specific investment purchased or sold by the fund. (Regulation 18237) FPPC Form 700 Reference Pamphlet (2013/2014) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Ref. Pamphlet - 12 Terms & Definitions - (continued) Investments and Interests in Real Property: When disclosing investments on SchedulesA-1 orA-2 and interests in real property on Schedules A-2 or B, you must include investments and interests in real property held by your spouse or registered domestic partner, and those held by your dependent children, as if you held them directly. Examples: • Terry Pearson, her husband, and two dependent children each own $600 in stock in General Motors. Because the total value of their holdings is $2,400, Terry must disclose the stock as an investment on Schedule A-1. • Cynthia and Mark Johnson, a married couple, jointly own Classic Autos. Mark must disclose Classic Autos as an investment on Schedule A-2. To determine the reportable value of the investment, Mark will aggregate the value of his 50% interest and Cynthia's 50% interest. Thus, if the total value of the business entity is $150,000, he will check the box $100,001 - $1,000,000 in Part 1 of Schedule A-2. (Also see Reference Pamphlet, page 11, for an example of how to calculate reportable income.) The Johnsons also own the property where Classic Autos is located. To determine the reportable value of the real property, Mark will again aggregate the value of his 50% interest and Cynthia's 50% interest to determine the amount to report in Part 4 of Schedule A-2. • Katie Smith rents out a room in her home. She receives $6,000 a year in rental income. Katie will report the fair market value of the rental portion of her residence and the income received on Schedule B. Jurisdiction: Report discloseable investments and sources of income (including loans, gifts, and travel payments) that are either located in or doing business in your agency's jurisdiction, are planning to do business in your agency's jurisdiction, or have done business during the previous two years in your agency's jurisdiction, and interests in real property located in your agency's jurisdiction. A business entity is doing business in your agency's jurisdiction if the entity has business contacts on a regular or substantial basis with a person who maintains a physical presence in your jurisdiction. Business contacts include, but are not limited to, manufacturing, distributing, selling, purchasing, or providing services or goods. Business contacts do not include marketing via the Internet, telephone, television, radio, or printed media. The same criteria are used to determine whether an individual, organization, or other entity is doing business in your jurisdiction. Exception: Gifts are reportable regardless of the location of the donor. For example, a state agency official with full disclosure must report gifts from sources located outside of California. (Designated employees/code filers should consult their disclosure categories to determine if the donor of a gift is of the type that must be disclosed.) When reporting interests in real property, if your jurisdiction is the state, you must disclose real property located within the state of California unless your agency's conflict of interest code specifies otherwise. For local agencies, an interest in real property is located in your jurisdiction if any part of the property is located in, or within two miles of, the region, city, county, district, or other geographical area in which the agency has jurisdiction, or if the property is located within two miles of any land owned or used by the agency. See the following explanations to determine what your jurisdiction is: State Offices and All Courts: Your jurisdiction is the state if you are an elected state officer, a state legislator. or a candidate for one of these offices. Judges, judicial candidates, and court commissioners also have statewide jurisdiction. (In re Baty (1979) 5 FPPC Ops. 10) If you are an official or employee of, or a consultant to, a state board, commission, or agency, or of any court or the State Legislature, your jurisdiction is the state. County Offices: Your jurisdiction is the county if you are an elected county officer, a candidate for county office, or if you are an official or employee of, or a consultant to, a county agency or any agency with jurisdiction solely within a single county. City Offices: Your jurisdiction is the city if you are an elected city officer, a candidate for city office, or you are an official or employee of, or a consultant to, a city agency or any agency with jurisdiction solely within a single city. Multi -County Offices: If you are an elected officer, candidate, official or employee of, or a consultant to a multi -county agency, your jurisdiction is the region, district, or other geographical area in which the agency has jurisdiction. (Example: A water district has jurisdiction in a portion of two counties. Members of the board are only required to report interests located or doing business in that portion of each county in which the agency has jurisdiction.) FPPC Form 700 Reference Pamphlet (2013/2014) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Ref. Pamphlet -13 Terms & Definitions - (continued) Other (for example. school districts. special districts and JPAs): If you are an elected officer, candidate, official or employee of, or a consultant to an agency not covered above, your jurisdiction is the region, district, or other geographical area in which the agency has jurisdiction. See the multi -county example above. Leasehold Interest: The term "interest in real property" includes leasehold interests. An interest in a lease on real property is reportable if the value of the leasehold interest is $2,000 or more. The value of the interest is the total amount of rent owed by you during the reporting period or, for a candidate or assuming office statement, during the prior 12 months. You are not required to disclose a leasehold interest with a value of less than $2,000 or a month-to-month tenancy. Loan Reporting: Filers are not required to report loans from commercial lending institutions or any indebtedness created as part of retail installment or credit card transactions that are made in the lender's regular course of business, without regard to official status, on terms available to members of the public. Loan Restrictions: State and local elected and appointed public officials are prohibited from receiving any personal loan totaling more than $250 from an official, employee, or consultant of their government agencies or any government agency over which the official or the official's agency has direction or control. In addition, loans of more than $250 from any person who has a contract with the official's agency or an agency under the official's control are prohibited unless the loan is from a commercial lending institution or part of a retail installment or credit card transaction made in the regular course of business on terms available to members of the public. State and local elected officials are also prohibited from receiving any personal loan of $500 or more unless the loan agreement is in writing and clearly states the terms of the loan, including the parties to the loan agreement, the date, amount, and term of the loan, the date or dates when payments are due, the amount of the payments, and the interest rate on the loan. Campaign loans and loans from family members are not subject to the $250 and $500 loan prohibitions. A personal loan made to a public official that is not being repaid or is being repaid below certain amounts will become a gift to the official under certain circumstances. Contact the FPPC for further information, or see the FPPC fact sheet entitled "Limitations and Restrictions on Gifts, Honoraria, Travel, and Loans," which can be obtained from your filing officer or the FPPC website (www.fppc.ca.gov). Privileged Information: FPPC Regulation 18740 sets out specific procedures that must be followed in order to withhold the name of a source of income. Under this regulation, you are not required to disclose on Schedule A-2, Part 3, the name of a person who paid fees or made payments to a business entity if disclosure of the name would violate a legally recognized privilege under California law. However, you must provide an explanation for nondisclosure separately stating, for each undisclosed person, the legal basis for the assertion of the privilege, facts demonstrating why the privilege is applicable, and that to the best of your knowledge you have not and will not make, participate in making, or use your official position to influence a governmental decision affecting the undisclosed person in violation of Government Code Section 87100. This explanation may be included with, or attached to, the public official's Form 700. We note that the name of a source of income is privileged only to a limited extent under California law. For example, a name is protected by attorney-client privilege only when facts concerning an attorney's representation of an anonymous client are publicly known and those facts, when coupled with disclosure of the client's identity, might expose the client to an official investigation or to civil or criminal liability. A patient's name is protected by physician -patient privilege only when disclosure of the patient's name would also reveal the nature of the treatment received by the patient. A patient's name is also protected if the disclosure of the patient's name would constitute a violation by an entity covered under the Federal Health Insurance Portability and Accountability Act (also known as HIPAA). Public Officials Who Manage Public Investments: Individuals who invest public funds in revenue-producing programs must file Form 700. This includes individuals who direct or approve investment transactions, formulate or approve investment policies, and establish guidelines for asset allocations. FPPC Regulation 18701 defines "public officials who manage public investments" to include the following: • Members of boards and commissions, including pension and retirement boards or commissions, and committees thereof, who exercise responsibility for the management of public investments; • High-level officers and employees of public agencies who exercise primary responsibility for the management of public investments (for example, chief or principal investment officers or chief financial managers); and • Individuals who, pursuant to a contract with a state or local government agency, perform the same or substantially all the same functions described above. FPPC Form 700 Reference Pamphlet (2013/2014) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Ref. Pamphlet -14 Terms & Definitions - (continued) Registered Domestic Partners: Filers must report investments and interests in real property held by, and sources of income to, registered domestic partners. (See Regulation 18229.) Retirement Accounts (for example, deferred compensation and individual retirement accounts (IRAs)): Assets held in retirement accounts must be disclosed if the assets are reportable items, such as common stock (investments) or real estate (interests in real property). For help in determining whether your investments and real property are reportable, see the instructions to Schedules A-1, A-2, and B. If your retirement account holds reportable assets, disclose only the assets held in the account, not the account itself. You may have to contact your account manager to determine the assets contained in your account. Schedule A-1: Report any business entity in which the value of your investment interest was $2,000 or more during the reporting period. (Use Schedule A-2 if you have a 10% or greater ownership interest in the business entity.) Schedule B: Report any piece of real property in which the value of your interest was $2,000 or more during the reporting period. Examples: • Alice McSherry deposits $500 per month into her employer's deferred compensation program. She has chosen to purchase shares in two diversified mutual funds registered with the Securities and Exchange Commission. Because her funds are invested solely in non -reportable mutual funds (see Schedule A-1 instructions), Alice has no disclosure requirements with regard to the deferred compensation program. • Bob Allison has $6,000 in an individual retirement account with an investment firm. The account contains stock in several companies doing business in his jurisdiction. One of his stock holdings, Misac Computers, reached a value of $2,500 during the reporting period. The value of his investment in each of the other companies was less than $2,000. Bob must report Misac Computers as an investment on Schedule A-1 because the value of his stock in that company was $2,000 or more. • Adriane Fisher has $5,000 in a retirement fund that invests in real property located in her jurisdiction. The value of her interest in each piece of real property held in the fund was less than $2,000 during the reporting period. Although her retirement fund holds reportable assets, she has no disclosure requirement because she did not have a $2,000 or greater interest in any single piece of real property. If, in the future, the value of her interest in a single piece of real property reaches or exceeds $2,000, she will be required to disclose the real property on Schedule B for that reporting period. Trusts: Investments and interests in real property held and income received by a trust (including a living trust) are reported on Schedule A-2 if you, your spouse or registered domestic partner, and your dependent children together had a 10% or greater interest in the trust and your pro rata share of a single investment or interest in real property was $2,000 or more. You have an interest in a trust if you are a trustor and: • Can revoke or terminate the trust; • Have retained or reserved any rights to the income or principal of the trust or retained any reversionary or remainder interest; or • Have retained any power of appointment, including the power to change the trustee or the beneficiaries. Or you are a beneficiary and: • Presently receive income; or • Have an irrevocable future right to receive income or principal. (See FPPC Regulation 18234 for more information.) Examples: • Sarah Murphy has set up a living trust that holds her principal residence, stock in several companies that do business in her jurisdiction, and a rental home in her agency's jurisdiction. Since Sarah is the trustor and can revoke or terminate the trust, she must disclose any stock worth $2,000 or more and the rental home on Schedule A-2. Sarah's residence is not reportable because it is used exclusively as her personal residence. • Ben Yee is listed as a beneficiary in his grandparents' trust. However, Ben does not presently receive income from the trust, nor does he have an irrevocable future right to receive income or principal. Therefore. Ben is not required to disclose any assets contained in his grandparents' trust. Blind Trusts: A blind trust is a trust managed by a disinterested trustee who has complete discretion to purchase and sell assets held by the trust. If you have a direct, indirect, or beneficial interest in a blind trust, you may not be required to disclose your pro rata share of the trust's assets or income. However, the trust must meet the standards set out in FPPC Regulation 18235, and you must disclose reportable assets originally transferred into the blind trust and income from those original assets on Schedule A-2 until they have been disposed of by the trustee. FPPC Form 700 Reference Pamphlet (2013/2014) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Ref. Pamphlet -15 Terms & Definitions - (continued) Trustees: If you are only a trustee, you do not have a reportable interest in the trust. However, you may be required to report the income you received from the trust for performing trustee services. Wedding Gifts: Wedding gifts must be disclosed if they were received from a reportable source during the period covered by the statement. Gifts valued at $50 or more are reportable; however, a wedding gift is considered a gift to both spouses equally. Therefore, you would count one-half of the value of a wedding gift to determine if it is reportable and need only report individual gifts with a total value of $100 or more. For example, you receive a place setting of china valued at $150 from a reportable source as a wedding gift. Because the value to you is $50 or more, you must report the gift on Schedule D, but may state its value as $75. Wedding gifts are not subject to the $440 gift limit, but they are subject to the $10 lobbyist/lobbying firm gift limit for state officials. Privacy Information Notice Information requested on all FPPC forms is used by the FPPC to administer and enforce the Political Reform Act (Gov. Code Sections 81000-91014 and California Code of Regulations Sections 18109-18997). All information required by these forms is mandated by the Political Reform Act. Failure to provide all of the information required by the Act is a violation subject to administrative, criminal, or civil prosecution. All reports and statements provided are public records open for public inspection and reproduction. If you have any questions regarding this Privacy Notice or how to access your personal information, please contact the FPPC at: General Counsel Fair Political Practices Commission 428 J Street, Suite 620 Sacramento, CA 95814 (916) 322-5660 (866) 275-3772 FPPC Form 700 Reference Pamphlet (2013/2014) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Ref. Pamphlet -16 SECTION 7 Section 7 - This portion of the handbook is provided electronically on CD. It+►►i RICHARDS WATSON GERSHON BIP ATTORNEYS AT LAW - A PROFESSIONALCORPORATION le REPRESENTING CALIFORNIA CITIES AND PUBLIC AND PRIVATE ENTITIES SINCE 1954 CONFLICTS OF INTEREST HANDBOOK Summary of the Major Provisions and Requirements of the Principal Conflicts of Interest Laws • Selected Regulations of The Fair Political Practices Commission Title 2, Division 6, California Code of Regulations • Text of Government Code Sections 1090-1099 • Updated with Changes Effective January 1, 2014 SECTION 8 Section 8 -- This portion of the handbook is provided electronically on CD. DIU RICHARDS WATSON GERSHON W ATTORNEYS AT LAW - A PROFESSIONAL CORPORATION -_ ., — REPRESENTING CALIFORNIA CITIES AND PUBLIC AND PRIVATE ENTITIES SINCE 1954 Summary of the Major Provisions and Requirements of The Ralph M. Brown Act • Text of the Ralph M. Brown Act • Updated with Changes Effective January 1, 2014 SECTION 9 Section 9 - This portion of the handbook is provided electronically on CD. IM RICHARDS WATSON GERSHON zap ATTORNEYS AT LAW - A PROFESSIONAL CORPORATION ir.#41 REPRESENTING CALIFORNIA CITIES AND PUBLIC AND PRIVATE ENTITIES SINCE 1954 PUBLIC RECORDS ACT HANDBOOK Summary of the Major Provisions and Requirements of the Public Records Act and Related Topics • Electronic Records • Text of the Public Records Act • Updated with Changes Effective January 1, 2014 CITY OF TEMECULA 41000 Main Street Temecula, California 92590 Reception Desk Phone: (951) 694-6444 Mayor/City Council Phone: (951) 506-5100 Website: http://www.cityoftemecula.org RESOURCE LIST COUNCIL MEMBERS Maryann Edwards Mayor(maryann.edwards@citycouncil.org) Jeff Comerchero Mayor Pro Tem (jcomerchero@cityoftemecula.org) Michael S. Naggar Council Member (mnaggar@citycouncil.org) Ronald H. Roberts Council Member (rroberts@citycouncil.org) Chuck Washington Council Member (chuck.washington@cityoftemecula.org) EXECUTIVE STAFF Aaron Adams Greg Butler Randi Johl-Olson Jennifer Hennessy Kevin Hawkins Thomas Garcia Armando Villa Mike Heslin Peter M. Thorson Jeff Kubel Todd Williams City Manager (506-5100) (aaron.adams@cityoftemecula.org) Assistant City Manager (693-3961) (greg.butler@cityoftemecula.org) City Clerk (694-6444) (randi.johl@cityoftemecula.org) Director of Finance (694-6430) (Jennifer.hennessy@cityoftemecula.org) Director Community Services (694-6480)(kevin.hawkins@cityoftemecula.org) Director of Public Works/City Engineer (694-6432)(thomas.garcia@cityoftemecula.org) Director of Community Development (694-6400) (armando.villa@cityoftemecula.org) Deputy Director of Information Systems (308-6300) (mike.heslin@cityoftemecula.org) City Attorney Richards, Watson & Gershon 355 South Grand Avenue, 40th Floor Los Angeles, California 90071-3101 Phone: (213) 626-8484 Chief of Police P. O. Box 892050, Temecula 92589 30755-A Auld Road, Murrieta 92563 Office: (951) 696-3000 Non -Emergency: (800) 950-2444 Division Fire Chief City of Temecula Fire Services 41000 Main Street, Temecula, CA 92590 Phone: 951-694-6405 Station #12 (Mercedes) 676-2161, Station #73 (Enterprise Circle W.) 699-4517, Station #83 (Sky Canyon) 696-0962, Station #84 (Pauba) 693-0683, Station #92 (Wolf Valley) 302-1497 Item No. 6 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: December 9, 2014 SUBJECT: Approve the Second Amendment with Karl C. Greene, III dba: Old Town Tire & Service, LLC for Non -Exclusive Vehicle Maintenance, Repair, and Tire Services PREPARED BY: Mary Vollmuth, Purchasing Administrator RECOMMENDATION: That the City Council approve the Second Amendment to the Agreement with Karl C. Greene, III dba: Old Town Tire & Service, LLC, in the amount of $45,000, to provide continued vehicle maintenance, repair, and tire services. BACKGROUND: The City enters into vehicle maintenance agreements to service the City's fleet once the vehicle manufacturer's warranty has expired, to ensure the continuation of routine preventative and operational maintenance services. After a thorough Request for Proposal (RFP) process, the City Council approved a two year agreement with local vendor Old Town Tire & Service LLC, in the amount of $86,000 annually on December 8, 2009. The First Amendment was approved on December 13, 2011, which extended the term of the Agreement to December 8, 2014 at the annual amount of $86,000 for a five year total agreement amount of $430,000. With multiple events and projects currently in progress it is essential the City vehicle fleet remain dependable and operational. Staff recommends approval of the Second Amendment to provide continued vehicle maintenance services in the amount of $45,000 for a total agreement amount of $475,000; and extend the agreement to June 30, 2015 to align the agreement with the City's fiscal year. Prior to June 2015 staff will issue a new RFP for automotive maintenance and repair services. FISCAL IMPACT: With approval of this Second Amendment in the amount of $45,000, the resulting total agreement amount will be $475,000. Adequate funds are programmed in the fiscal year 2014-15 operating budget for all City departments. ATTACHMENTS: Second Amendment with Old Town Tire & Service, LLC. SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND KARL C. GREENE, III DBA: OLD TOWN TIRE & SERVICE, LLC NON-EXCLUSIVE VEHICLE MAINTENANCE, REPAIR & TIRE SERVICES THIS SECOND AMENDMENT is made and entered into as of December 9, 2014, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Karl C. Greene, III dba: Old Town Tire & Service, LLC, a sole proprietor (hereinafter referred to as "Contractor"). 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 December 8, 2009, the City and Contractor entered into that certain Agreement entitled "Agreement for Vehicle Maintenance, Repair & Tire Services," in the amount of $86,000 annually, for a two year total agreement amount of $172,000. b. On December 13, 2011, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Vehicle Maintenance, Repair & Tire Services," to extend the term of the agreement to December 8, 2014, and increase the payment in the amount of $86,000 annually for a total agreement amount of $430,000. c. The parties now desire to extend the term of the agreement to June 30, 2015, and increase the payment in the amount of $45,000 for a total agreement amount of 475,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than 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 Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Second Amendment amount shall not exceed Forty -Five Thousand Dollars and No Cents ($45,000.00), for additional vehicle maintenance, repair and tire services for a total Agreement amount of Four Hundred Seventy -Five Thousand Dollars and No Cents ($475,000.00). 4. 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 Old Town Tire & Service, LLC (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 Karl C. Greene III, Owner ATTEST: By: By: Randi Johl-Olson, JD, MMC, City Keith Greene, Partner Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Old Town Tire & Service, LLC Attn: Karl C. Greene and Keith Greene 2700 Old Town Front Street Temecula, CA 92590 Phone: 951-699-8040 Fax: 951-695-1865 E -Mail: oldtowntire@verizon.net 2 Acting PM Initials: Date: Item No. 7 Approvals City Attorney Finance Director Assistant City Manager CITY OF TEMECULA AGENDA REPORT TO: Assistant City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: December 9, 2014 SUBJECT: Initiation of Proceedings to Reestablish the Temecula Valley Tourism Business Improvement District Under the Property and Business Improvement District Law of 1994 PREPARED BY: Peter Thorson, City Attorney RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO ESTABLISH THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF BACKGROUND: In 2005, the City Council, with the unanimous consent of the lodging businesses within the City, established the Temecula Valley Tourism Business Improvement District, which implemented a 2% assessment. In November 2009, again with unanimous support, the assessment was increased from 2% to 4% on the room rents for the lodging businesses. The revenue derived from this levy is required to be used for marketing and promotions to increase tourism and market the Temecula Valley as a tourist destination that specially benefits lodging businesses located and operating within the City limits. Visit Temecula Valley, formerly known as The Convention and Visitor's Bureau ("VTV") is responsible for managing funds and implementing the activities specified in the Annual Report for the TVTBID. The TVTBID has been very successful and has succeeded in its goal of substantially increasing hotel stays in the City of Temecula. VTV, along with all of the lodging businesses within the City, have requested that the City begin proceedings to convert the TVTBID from a business improvement district formed under the Parking and Business Improvement Area Law of 1989 to a business improvement district formed under the Parking and Business Improvement District Law of 1994. The new district would function the same way as the current district with the only significant difference being that the initial assessment would have a duration of five years instead of being levied every year. This will allow VTV as the Manager of the District to project revenues over a five year period and to develop long range projects for advertising and promotions for the benefit of lodging businesses within the City. PROCEDURE FOR FORMING THE NEW DISTRICT: Petition. The City Council may initiate proceedings to form the new district, "Visit Temecula Valley Tourism Business Improvement District" ("VTVTBID") upon the submission of a petition signed by owners of lodging businesses who will pay more than 50% of the assessments proposed to be levied. In addition, the Convention and Visitor's Bureau reports that all of the lodging business within the City have enthusiastically approved the formation of the new VTVTBID and the Director of Finance has determined that the petitions have been signed by the owners of lodging businesses that will pay more than 50% of the assessments proposed to be levied (signed petition attached). Public Meeting and Public Hearing. The City Council must hold a noticed public meeting and a subsequent public hearing on the proposed VTVTBID. The public meeting will be held at the January 27, 2015 City Council Meeting and the public hearing will be held on February 10, 2015. The public hearing requires 45 days prior notice by mail to the lodging businesses. Protest of Assessment. If written protests are received by the City from the owners or authorized representatives of lodging businesses in the proposed VTVTBID that will pay 50% or more of the assessments proposed to be levied, the City Council may not take any further proceedings to levy the proposed assessment against such businesses for a period of one year from the date of the finding of the majority protest. Resolution of Formation. Following the public hearing and a finding that there are not sufficient protests against the VTVTBID, the Council would adopt a resolution forming the VTVTBID. FISCAL IMPACT: The assessments for the new VTVTBID will be the same as for the current VTVTBID and the formation expenses and administrative expenses will be paid from the assessments. Lodging business will continue to collect a 4% assessment on room rents following the same process as used for the collection of the City's transient occupancy tax. ATTACHMENTS: 1. Resolution 2. Petition Listing 3. Annual Report 4. Financial Report 5. Proposed Management Plan for new VTVTBID 6. Legal Petitions RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO ESTABLISH THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT AND FIXING THE TIME AND PLACE OF A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF WHEREAS, the Parking and Business Improvement District Law of 1994, California Streets and Highways Code Section 36600 et seq. (the "Law") authorizes cities to establish business improvement districts for the purpose of promoting tourism; and WHEREAS, Visit Temecula Valley, formerly known as the Temecula Valley Convention & Visitors Bureau ("VTV") is interested in the establishment of the proposed Visit Temecula Valley Tourism Business Improvement District ("VTVTBID") pursuant to the Law and the levy of assessments on lodging businesses, which include hotels, motels, and bed and breakfasts as defined in Temecula Municipal Code Section 3.20.020, within the VTVTBID ("Lodging Businesses"); and WHEREAS, the owners of Lodging Businesses within the proposed VTVTBID have requested the Temecula City Council to initiate proceedings pursuant to the Law to establish the VTVTBID pursuant to a written petition signed by the owners of Lodging Businesses within the proposed VTVTBID which will pay more than 50% of the assessments proposed to be levied; and WHEREAS, the VTVTBID and the City of Temecula desire to have VTV manage the activities provided by the proposed VTVTBID; and WHEREAS, the VTV has drafted a management district plan (the "Management District Plan") containing all the information required by Section 36622 of the Law and filed such Management District Plan with the City Clerk of the City of Temecula; NOW THEREFORE, the City Council of the City of Temecula does hereby resolve, determine and find as follows: Section 1. The recitals set forth herein are true and correct. Section 2. Pursuant to Section 36621(a) of the Law, the City Council hereby declares its intention to establish a business improvement district to be designated as the "Visit Temecula Valley Tourism Business Improvement District" ("VTVTBID") and to levy and collect assessments against Lodging Businesses within the VTVTBID boundaries. Section 3. The exterior boundaries of the VTVTBID shall be the exterior boundaries of the City of Temecula, as shown on the map attached hereto as Exhibit A and incorporated herein by such attachment. Section 4. The City Council hereby approves the Management District Plan on file in the Office of the City Clerk. The City Clerk shall make the Management District Plan and other documents related to the VTVTBID available to the public for review during normal business hours, Monday through Friday, 8:00 a.m. — 5:00 p.m. Section 5. The proposed activities for the VTVTBID include tourism promotions and marketing programs that specifically and specially benefit the Lodging Businesses within the VTVTBID by increasing tourism and marketing the Temecula Valley as a tourism destination. A portion of the assessments each year will be used to pay for administrative expenses of the City. Section 6. Except where funds are otherwise available, the City proposes to annually levy an assessment on all Lodging Businesses within the VTVTBID boundaries based upon 4% of the rent charged by the operator per occupied room per night to pay for activities within the VTVTBID. Extended stays, defined as stays of more than 30 consecutive calendar days, and those exempt persons as defined in Temecula Municipal Code Section 3.20.040 will be exempt from the VTVTBID assessment. New lodging businesses established within the boundaries of the VTVTBID after the beginning of any fiscal year will not be exempt from the levy of assessment for that fiscal year. Assessments pursuant to the VTVTBID shall not be included in gross room rental revenue for purpose of determining the amount of the transient occupancy tax imposed pursuant to Chapter 3.20 of the Temecula Municipal Code. Section 7. The annual assessment described in Section 6 may be levied for a term of five fiscal years, commencing with the fiscal year beginning on March 1, 2015 and ending on February 29, 2016, after which term the City may renew the assessment pursuant to Section 36600 of the Law. For purposes of levying and collecting assessments within the VTVTBID, a fiscal year shall commence on March 1st and end on the following February 28th (or 29th); provided the City Council may, by resolution, designate the fiscal year as July 1st to June 30th of the following year, or any other fiscal year, subject to all applicable requirements of the Law. Section 8. The amount of the annual assessment proposed to be levied in year one totals approximately $1,402,736.00. This amount is expected to fluctuate over the remaining four years of the five-year term of the proposed VTVTBID in accordance with occupancy rates and rents charged by the operators of the lodging businesses within the VTVTBID, but the amount is not anticipated to be significantly different each year. The City shall not issue bonds in connection with the VTVTBID. Section 9. The City will collect the assessments from Lodging Businesses within the boundaries of the VTVTBID in monthly installments or such other installments as determined pursuant to resolution of the City Council. The funds collected will be distributed to the VTVTBID. Funds remaining at the end of any year may be used in subsequent years in which VTVTBID assessments are levied as long as they are used consistent with the requirements of this Resolution. Section 10. The time and place for the public meeting for comments on the proposed establishment of the VTVTBID and the levy of the assessments is set for January 27, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, at the City of Temecula, City Council Chambers, 41000 Main Street, Temecula, California. Section 11. The time and place for the public hearing to consider establishing the VTVTBID and levying assessments is set for February 10, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, at the City of Temecula, City Council Chambers, 41000 Main Street, Temecula, California. Section 12. At the public hearing a protest may be made orally or in writing by any interested person. Every written protest shall be filed with the City Clerk at or before the time fixed for the public hearing. Written protests may be mailed to the City Clerk, City of Temecula, 41000 Main Street, Temecula, California 92590. The City Council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the City as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with these requirements shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed VTVTBID that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in this Resolution, shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. Section 13. Further information regarding the proposed VTVTBID may be obtained from the City Clerk, City of Temecula, 41000 Main Street, Temecula, California, 92590. Section 14. The City Clerk is instructed to provide mailed joint notice of the public meeting and public hearing to the Lodging Businesses in accordance with Streets and Highways Code Section 36623. Section 15. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify to the vote adopting this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of December, 2014. Maryann Edwards, Mayor ATTEST: Randi Johl-Olson, JD, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl-Olson, JD, MMC, 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 9th day of December, 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Randi Johl-Olson, JD, MMC City Clerk Exhibit A Scale: 1:155,796 BID Boundary E 1', CO LL7 N 0 0 N Of 01 N CO al r+ a) V a v 1p c 2 0 E U d 0J m 0 Q ca 0 0 N O Z October 8, 2014 Petition to develop a 5 year Tourism Improvement District TVTBID for Fiscal Years 2015-2020. e,*4 t r hD 9 :;aur!{r:aN eALIr.)?F fA p7� WINE COUNTRY V As a representative of one of the fifteen TID Lodging establishments in the City of Temecula, i express my consent and support for the development of a 5 year District supporting a Tourism Marketing Assessment and we request approval of the assessments by the Ternecula City Council. 2) „di"; Emba. uit-s Hotel Representative 3) 1L 11►w Extende.S 1r' ' -. IE 1 7/ Print Name and Title istcl ZCY2-•-.4-3 Print Name and Title Ida znQe— Print Name and Title N1 k2 Fairfield Inn & Su' '- Representative Print Name and Title --5) (see VQ. -e Hampton Inn & Strifes Representative Print Name and Title 6) 7) ) Holiday Inn Express Representative .. A :.l el 6 Representative La Quin s Representative Palomar In 10) Quality Inn Wine Coun 11) Ramada In yepr. ative ry Representative 12) entative Print Name and Title Print Name and Titl Print Name and Title Print Name and�,lfTitle kt sy42 Li. ✓� Print Name and Title 4/74-, AA 6-e M/0:14/VOC Print Name and Title OcaA Rancho California Inn Representative Pri t ame and Title ,13) 6 deway Inn • : presentati Pri ame nd Titley �1 14) 41 f .-• v V \ G-6\firi prin ' f Suites Representative Print Name and Title o C Temecula Creek Inn Representative Print Name and Title October 8, 2014 Petition to develop a 5 year Tourism Improvement District TVTBID for Fiscal Years 2015-2020. 9,m, 4e zaia 1%P 9 "i*li ibl!: EIN r.Atirotrar. W.iJ As a representative of one of the fifteen TID Lodging establishments in the City of Temecula, I express my consent and support for the development of a 5 year District supporting a Tourism Marketing Assessment and we request approval of the assessments by the Temecula City Council. 2) 3) Best Western Country Inn Representative Print Name and Title Embassy Suites Hotel Representative Print Name and Title Extended Stay Representative Print Name and Title 4) Fairfield Inn & Suites Representative Print Name and Title 5) r1,4 I' ,�/� Hampton Inn & Suites ^epresentative ol_c[(kddd 6-e Print Name and Title Holiday Inn Express Representative Print Name and Title La Quinta Inn & Suites R rese-ritative 8) 49) Print Name and Title Motel 6 Representative Print Name and Title Palomar Inn Hotel Representative Print Name and Title -40) Quality Inn Wine Country Representative Print Name and Title 11) Ramada Inn Representative Print Name and Title 12) Rancho California Inn Representative Print Name and Title 13) Rodeway Inn Representative Print Name and Title ,` ` J4) SpringHill Suites Representative 16� Print Name and Title Temecula Creek Inn Representative Print Name and Title e" Nall aS er October 8, 2014 Petition to develop a 5 year Tourism Improvement District TVTBID for Fiscal Years 2015-2020. 'i 3ti }';3 f;fE •': CAi.l i'eii�31R WINE COUNTRY As a representative of one of the fifteen TID Lodging establishments in the City of Temecula, I express my consent and support for the development of a 5 year District supporting a Tourism Marketing Assessment and we request approval of the assessments by the Temecula City Council. 2) 3) 4) 5) 6) 7) Best Western Country Inn Representative Print Name and Title Embassy Suites Hotel Representative Print Name and Title Extended Stay Representative Print Name and Title Fairfield Inn & Suites Representative Print Name and Title Hampton Inn & Suites Representative Print Name and Title Holiday Inn Express Representative Print Name and Title La Quinta Inn & Suites Representative Print Name and Title 8) /- Mdtel 9) '. _-4—/1 Palomar In oto Representative 10) Print Name and Title c�iAL,t'14Cc Print Name and Title ` Quality Inn Wine Country Representative Print Name and Title 11) Ramada Inn Representative Print Name and Title 12) Rancho California Inn Representative Print Name and Title 13) Rodeway Inn Representative Print Name and Title 14) SpringHill Suites Representative Print Name and Title 15) Temecula Creek Inn Representative Print Name and Title ef SOUTHERN CALIFORNIA WINE COUNTRY L.9.) Convention and () Visitors Bureau 2014-2015 ANNUAL REPORT TVTBID BUDGET & MARKETING PLAN Visit Temecula Valley TBID Annual Report of Activities Visit Temecula Valley (VTV) is a non profit 501 c(6) funded by the Temecula Valley Tourism Business Improvement Dis- trict, Pechanga, City of Temecula and a membership of over 168 tourism -related businesses. The VTV is the destination sales and marketing organization. Our purpose is to stimulate economic growth and tourism in the Temecula Valley region by developing and marketing the destination to the meeting and travel markets. Our mission, as the tourism experts in the Temecula Valley, is to run an effective business that increases awareness and measures the spending in the Temecula Valley. Our Board of Directors are comprised of business owners and professionals who have experience and willingness to serve the community beyond the scope of their demanding work schedules. Their volunteer responsibilities include steering company policy, financial oversight, and determin- ing the future course of the Bureau's mission. President & CEO Kimberly Adams VP, Finance & Operations Carrie Penny Director of Sales & Marketing Ruben Labin 2 Visit Temecula Valley TBID Annual Report of Activities Marketing PR Manager Annette Brown IT & Online Technologies Manager—Project employees Sales & Marketing Coordinator Andrea Bowman Marketing Coordinator Marlene Wallace Finance/Bookkeeping Leigh Jensen Visitor Center Specialists Pamela Locascio Becky Hess Pam Greenway Membership Coordinator Leann Anderson Contracted Support Nigro & Nigro, PC ARK Marketing BOARD OF DIRECTORS Executive Committee 2014 Chairman of the Board Ken Westmyer, Quality Inn-TID 1st Vice Chairman Cherise Manning, A Grape Escape Balloon Adventure 1st Vice Chairman-TID Tom DeMott, Temecula Creek Inn -TID 2nd Vice Chairman Denis Ferguson, Net Results Hospitality & Development Group Treasurer Bill Wilson, Wilson Creek Winery Secretary Melody Brunsting, Melody's Ad Works Directors 2014 Grant Channing, Pechanga Resort & Casino Kym Espinosa, Promenade Temecula Krissie Guerra, SpringHill Suites by Marriott John Kelliher, Grapeline Wine Tours Kathy Lindeman, Holiday Inn Express-TID Crystal Magon, South Coast Winery Resort & Spa Carlos Palma, Palomar Inn Hotel-TID Craig Puma, The Bank Mexican Restaurant Robert Renzoni, Robert Renzoni Vineyards Greg Roberts, Embassy Suites-TID Brad Smith, Temecula Downs Jan Smith, Inland Management Group Greetings, With our fiscal year starting March 1, 2014, the past eight months have been extremely successful for the Tourism Industry. Occu- pancy has trended up every month and, with a record breaking summer, we are forecasted to end our 2014-2015 year with occupancy over 70% and revenues up over 9%. In June, we received excellent news that Temecula's direct travel spending hit an all time high of $651 million in 2013, a +2.3% increase from 2012 spending. Travel spending directly supported nearly 6,890 jobs, up +2.5%, with earnings of $195.6 million (+3.1%). YTD, the Temecula lodging industry visitor occupancy is up and revenue is at $66 million. Visit Temecula Valley celebrated our tenth gem as a non profit organization this summer. Our board members, staff and volunteers continue to work incredibly hard staying relevant within our Industry and strategizing to develop competitive programs, keeping our desti- nation growing. In September, we held our first Tourism Round table with key leaders in our community, focusing on our Suter , CR,at- eengeJ3 and (9ppoxtunitie�. As an outcome of this collective process, we are committed to develop our next ten-year plan focused on taking our destination to $1 billion dollars in Travel Spending We continue to be a highly motivated and effective leadership group, achieving all of our planned goals and tasks for 2014. Extend- ing the overnight stays for "more days, more fun" is our priority to help generate midweek room nights, increase revenue, and create more local jobs. Growing and cultivating community partnerships has been, and will continue to be, an important role for Visit Temecula Valley as we continue to elevate our brand "Temecula Valley Southern California Wine Country" to new heights. Kimberly Adams - President & CEO Visit Temecula Valley *Reporting includes the TVTBID from March 1, 2014— September 30, 2014 3 Visit Temecula Valley TBID Annual Report of Activities OVERVIEW The hospitality industry has recovered in Temecula FY 2014-2015 based on our 2013 year-end Economic Impact Study that shows Temecula Valley generated over $651 million in Travel Spending. The industry has seen many changes in lodging Average Daily Rates (ADR), indicating that we are climbing back and still seeing impacts by the economy, where positive movement continues to be on the rise. Consumer confidence is up and visitors are taking vacations and ex- tended stays. Our hotels are reporting growth with increases over prior year numbers once again. ADR's are increasing from 2013. Business meetings are still steadily climbing back to average num- bers and leisure travel remains strong. In YTD FY 2014-2015, the Sales Department continues to see domes- tic lead demand and generated 71 leads totaling over 21,801 poten- tial room nights and $6,045,875 in potential economic impact. The VTV Sales Department continues to penetrate new business in markets such as association, corporate, SMERF tour & travel busi- ness, which generated a growing number of leads. Based on the lead process time and lost business the VTV sales team shifted mar- ket focus to 90% Southern California Drive Market effective September 2014. 4 Visit Temecula Valley TBID Annual Report of Activities TRADE SHOW HIGHLIGHTS & DEFINITE ROOM NIGHTS The YTD 2014-2015 trade show schedule saw a slight decrease in the number of shows VTV attended compared to previous years, however, the schedule included a very diverse listing of shows, covering all markets of travel that the Temecula Valley benefits from. In FY 2014-2015, the sales team participated in 12 trade shows, including MPI, HSMAI, POW WOW, CaISAE, NTA, Go West., and Connect with total definite room nights of 1,476 representing $594,045 in forecasted economic impact for the Temecula Valley TID hotels, venues and event service providers. PERFORMANCE MEASURES FYTD13-14 YTD14-15 New Sales Leads Definite Bookings Definite Room Nights (Contracted) Estimated Economic Impact Sales Leads Lost Bus./Postponed/Cxl'd/ Declined 95 23 3,390 1,325,656 53 67 10 1,476 594,045 28 ACTIVITY MEASURES FYTD 13-14 YTD 14-15 Number of Tradeshows Attended/Exhibited 12 8 Number of Sales Missions (Client Events) 17 4 Number of Familiarization Tours 5 1 Number of Client Site Inspections 19 12 Number of Outside Client Appointments 209 305 sales In conjunction with on-going sales calls, missions and trade shows, the sales March: team initiated, and/or was involved in special sales projects and events. These activities generated lead opportunities and increased the visibility of Visit Temecula Valley to target audiences. Among these activities were: CITY-WIDE FAMIU IARI7ATION TOURS Summerfest and Winterfest FAM Tours targeting Meeting & Event Planners, Tour Operators, Travel Agents and Media Summerfest Tour were dedicated to our international tour operators from all over the world highlighting Old Town, Wine Country & Pechanga and showcasing numerous tourism partner busi- nesses. Our Winterfest FAM tour targeted new business and existing clients from Southern California. GLOBAL MARKETING WITH BRAND USA & VISIT CALIFORNIA The International Tour Operator FAM Tour showcased and introduced the Temecula Valley to tour operators and media from India, Mexico and the UK. MARKET SALES EVENTS "Temecula on the Road" receptions, in Orange County and Los Angeles offered Meeting & Event Planners, Tour Operators and Travel Agents the opportunity to meet one-on-one with key Temecula Valley Partners and sample local Temecula wines and food pairings at venues in their own region. 5 Visit Temecula Valley TBID Annual Report of Activities NASC Sports Events Symposium CaISAE Elevate -Sponsorship Conference Direct April: International Pow Wow - Las Vegas HelmsBriscoe Annual Business Con- ference August: Connect Budgeted Shows December: CaISAE Seasonal Spectacular January: American Bus Association NTA AGYAMCI144 V0411141 sales trade shows Cciiion-ita 'Society of Associalkork Executives 6,16.1 ConferenceDirect® Meeting Planning Made Simple. 6 VTV works hard to build professional relationships with media outlets and representatives in various markets to build and maintain awareness of the Temecula Valley as a travel destination. VTV supplies the media with cur- rent information, editorial content, story ideas and imagery. To date, our activities have generated nearly 500K impressions of in-kind press editori- als, publications and on-line press. PRESS VLEASE A total of 12 press releases were issued by VTV during the fiscal year. Addi- tionally, VTV serviced many releases from partners to media. Press releases supported the Temecula Valley Southern California Wine Country brand as an entertainment, wine, golf, cultural, meeting, wedding, sports and culi- nary destination. On behalf of VTV and its partners, media visits are secured to promote the destination with the goal of securing valuable editorial coverage. VTV sup- ported and attended over 15 Media Events, PR Missions and Trade Shows. We hosted over 31 VTV Media guests, both domestic and international. With the purpose of networking and building connections with travel and lifestyle media, members of the VTV marketing department attended the Visit California media event in LA, New York and Canada and met with me- dia in both Domestic and International. Through public relations efforts working with traditional and new media outlets, VTV continues to exceed our expectations in reaching an audience of more than 5 million potential visitors. 7 Visit Temecula Valley TBID Annual Report of Activities PRESS RELEASE PERFORMANCE MEASURES FYTD 13-14 YTD 14-15 Press Releases Issued Media Deliveries Total Impressions Total Online Pick-up 34 88,580 35,157549 1,692 12 42,740 437,598 2,108 ACTIVITY MEASURES FYTD 13-14 YTD 14-15 Media Events/PR Missions/Tradeshows 12 Media Familiarization Tours 7 Hosted Press Trips—Domestic 8 Hosted Press Trips—International 5 Media Pitches 178 Press Kits Distributed 143 Image Distribution 59 Magazine/Online Leads 3706 4 5 6 0 154 110 25 31,182 VISIT CALIFORNIA PARTNERSHIP FYTD 13-14 YTD 14-15 Website Coverage IE/Temecula 23,147 Social Media Impressions 1,396,043 Visitor Guide Leads 671 Co-Op's 11 25,327 44,555 482 1 RINT ADVERTISING The VTV and Media buyer, ARK Marketing & Media, continue to negotiate better advertising rates during FY 2014-2015. Traditional print campaigns are still an important tool to reach our niche market visitors. Targeted printed ad- vertising in decreasing and two ads were placed in the San Diego Visitors Guide, Inland Empire Magazine VTV continues to provided the editorial con- tent to include suggested itineraries, TID and partner listings with property de- tails, logos and images to non paid advertising partners. UNLINE FANNER ADVERTISIN Target marketing, message tailoring, flexible rates, creativity, exposure, speed, and measureable ROI are the top reasons for the growth and attractiveness of the online advertising for VTV. Online campaign and the use of technology continues to be the most effect marketing and advertising tool for VTV, as well as targeted drive markets in Southern California for meeting and leisure travel- ers. We continue to use branding banner advertising to maximize online technolo- gy, for the promotion of hotel room bookings, video tour and our new Calen- dar of Events. Strategic placement on top travel sites, Visit California, C -vent, Desert Sun, Las Vegas Sun, Las Vegas Weekly, NBC LA, AZ Central, KKLZ96.3 FM, Google, TOTAL MEDIA Placement IMPRESSIONS: 5,679,575 Million. E -MARKETING VTV utilized e -marketing to communicate regularly with members, meeting professionals and potential visitors, as well as to build brand loyalty. The e - marketing promotes new, upcoming events and special promotions as well as compliments our advertising and public relations outreach for hotels and member partners. 8 Visit Temecula Valley TBID Annual Report of Activities ADVERTISING PERFORMANCE MEASURES FYTD 13-14 YTD 14-15 Advertising (Paid Print, Radio, Digital 36 & Direct Mail) 42 Total Paid Print Reach (Circulation) 717,000 5,679,575 Impressions Delivered 14,405,140 36,041,654 INQUIRIES FYTD 13-14 YTD 14-15 E-mails 294 Consumer Calls (888 Toll -Free Number) 1,192 Advertising Leads 8,776 temecala val(SY macula rails tem..." valley ea himoculls vafisyvWtors 218 820 7,770 vi}k V IJtr among vSli u,,,,L .r ars:, TigialEr Ei visit temecul -_ licitof5 guides E•I Press Releases 12 Artisui Food arsd Wiare Experiences in Temecula Valley genathern Califamia Wine Caunby 0V=201 a. View Article 8 of the Greatest Charms of 41d Town Temecula in Temecula Vagey Southern California Ohne Connery New Visit Terr.ec..1a. Valley Gurperat¢ Identity ter Local Traver arid Tourism Agency Unveiled Ten.ecula Valley Tourism Reaches A Record 5651.4 Million in Trar70c1 Spend in Aut son: est 2014 Top 10 Fs stricAlIS and Special Ew,leatis in Temecula Valley 0011012014 ViewArticle 51 ideas for Sam-cr.-1g a::nTm1:-r N.01its 2 '14 ,r, Terroeceti Valley So.rtl.em £a feweCa Yale ne Cn•untry Celebrate Toufl in Week in May 2014 in Temecula Valley Souther Califar.da Wine Country o5fO5f2o1 a V"erw- Article- 11 rticle 11 Down -to -Earth Indulgences in TernecuCa Vall ry Southern California Wine Country Top 10 Apricurlure Tours an Temecula Valley Southern California Wine Country 03421!2014 Vreew Article V isatTecnecula..or{f Announces 17 Art and Culture Must See and Co in Temecula Valley Southern Californi VisittTerneeula_arp Intrma3uces 5 of the Celebrated Chefs and Restaurants of Temecula Valley View Article OmrF nIow—n O cI Tower Temecula 9 Visit Temecula Valley TBID Annual Report of Activities wee Lo 12 Artisan Food end Nine Experiences In iemrecula V#Ilex Southern California None County i . 12 a�aea, w wale " ewv sa.mc.k nir ". wDA. 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',[ a±•,; LEADS TAYLORMADC INTO A NEW ERA 5011TR�i.: WINE COUNTRY WIN A GETAWAY WI/de CU10N90Y 10 Visit Temecula Valley TBID Annual Report of Activities unexpected discoveries more days... more fun summerfest activities win a getaway e zot www.VisitTemeculaValley.com (951) 491-6085 y f BOOK NOW wants 1 things [a do coupons 'book now C7mac ist'ptiefi wine 'ai/ins ffdys . h jIfo?.l.l.)'i{ Wise Wednesday Package remeada vaaey southern Cahtome wee Comity Mlel. tae erre d Crac hXdi patkage. Valid e'k•ff IVe0ng'ABYIf0e gh OCttmbwr 17, 2091. Calk or I.006765.652 to hone year Yar" ee reserietwossoi 144 pp Mother's Day Getaway ear Nan ea a 'timing tl'me Connery Galway. too wine. spa and showing. events 1 things to do 1 coupons i book now 011 Celebrate wire Month visit a SW Poepoo that u valid dunugthe month of Strarnhe. Guava choose when and which f wiamesxe visa for Tnneetlla rl nllm• CRUSH Join wino, u..noaw c000kes andtmw.os forCRUSH on Soyaembe 13 ea %ion Fans& Cess. Ilia is thecae and only even show-caing 301- member ',inninall one location. C'elebrnte C'ali'fornia Ware Month WW1 :t SR Pacepotet 9 events 1 things to do 1 coupons 1 book now Snewbell Ronhiu' Nights A celebration ofSooavtidl Rodkin' Nights outside the Temecula Cixic Center delights all ages with musical light show and snowfall show every Thursday - Sunday cvmmg in December. Teenecula on Ice mil Come and laceup to take a spin and glide at the coolest place is Did Town Temenda, a 3.,500 square foot outdoor skating rink. 4th drJuly EXt.ins, 00:w 00 The kni,iuesbe¢ia a Mal with apuade is Utd Two 7emnvla. chem fenihn waatyoa ra Ronald Realm 0pott put for activities, dna and pimics at :Pm, rhe holiday whhafireworks display*Ow Pale .larm. ]his It a fen eat. Pedlfaaga Pow Wow Exprto,se aume.tie native ®lane.' Masunla fry vhahw rowr the Americas ceideMe their hentaaewith poofe,i.00.o d.eccg, daommirg.nd S•hardar riebt advertising rnor-Ieceg... morf ion June 16.17 ISE r 2014 submit your PP and earn up to $7000" Conv@ntfon and �y Visitors Bureau more clays._ more fun W I N A GETAWAY (ct'ev( ewtar WINE COUNTRY pran your getaway 11 Visit Temecula Valley TBID Annual Report of Activities WINE COtINTPV OLD TOWN PECHANGA CASINO GOLF `Rook ynla group Sunday-Thu'tay at a particQamg Temecula Valey hotel arbeam up to a 51agg Master Account Crem or a Vsa Bebe Cant .Reference HSMAISMEET aVes1Vlrxn submitting your RFP- Temectda Valley Conrentbn 8 Visitors Bureau 2890 MarmdaStrSeite5 Ter We.CA eaSee sale @temxulxrhcom 1@8BlekkS52 SOUTHERN CALIFORNIA ('j WINE COUNTRY wine wednesdays stay the night vvwVisitTemecula.org/WineWednesdays Temecula Valley Southern Cfornie Wine CouH Wine Tour & Picnic Lu1&h Packag stay the night more days...more fun a$144& Book now, limited offer! 1-888-363-2852 W f� plan your vacation today 1-888-363-2852 wwwVisitTemecula.org `(ems= 4(Ait' a Temecula Valley Getaway to Pechenge Resort & Casino! &S& Cd& g5.Ce.t se 4o.! eme,1eh%MEnu-Nod&So u.�ouroaumwda�s�an,mWmea rkpy s fe�ermmdhnr www.VisitTemeculaValley .com AN Fyn! iTi(A! ! ! M!!APVFTUnlr VTV continues to stay on the forefront of new technologies in social media. VTV utilizes social media to promote the Temecula Valley Southern California Wine Country region, VTV partners and increase awareness of the Temecula Valley brand. The VTV Facebook page started the year off with 32,939 likes and YTD we now have 40, 446 likes. SOCIAL MEDIA HIGHLIGHTS/GOP With the explosion of social media, VTV worked collectively with our partners to inte- grate our destination social media platform as an effective tool to drive awareness of our divested product offerings. We focused our messaging to include our new destina- tion video which included "The Entertainment So Cal Wine Destination," "Extended Your Stay," More days more fun. These campaign increased awareness and visitation. We continued to utilize the Facebook Fan page, twitter accounts for both meetings and visitors and encourage fans to enter to win, join the VTV mailing list and visit the VTV website at www.visittemeculavalley.com. VTV has increased attendance at events by promoting events on Facebook, Twitter and e -blast marketing. Social media has elevated our communication within our tourism community it has provided real time communication. The VTV team continues to use Twitter and Facebook as a virtual visitors center to an- swer and post visitor questions and insider tips, promote partners, attractions and re- cent press. VTV launched our new destination Pinterest page this summer. Our media relationships continue to be viral through our social media channels and blogger partner. Pitching media and optimize press releases for social media has in- creased through reach through PRweb.com FOUR SQUARE FYTD i3-14 YTD 14-i5 Number of Followers 225 63 12 Visit Temecula Valley TBID Annual Report of Activities E-MAIL MARKETING CAMPAIGNS FYTD 13-14 YTD i4-15 E -blast Campaigns Sent 30 E-mails Delivered 134,213 E-mails Opened 37,024 Open rate 21.39 CTR (AVG) 2.07 25 73,549 15,405 20.85%% 5.63 FACEBOOK FYTD 13-i4 YTD i4-15 TWITTER Number of Fans Number of Posts Total Engaged Average Engagement Rate Number of new Followers Number of Posts Number of Interactions Average Engagement Rate 32,939 492 135,990 7.19 40,446 350 46,784 FYTD 13-14 YTD 14-15 4,190 1,102 6,458 31.33 4,438 60 54 2.17 INSTAGRAM FYTD 13-14 YTD 14-15 Number of Followers Number of Comments Number of Likes 38 5 25 105 2 142 WWW.VISITTEMECULA.ORL The official Temecula Valley, California visitor information portal is designed for consumers, travel trade, meeting planners, members and media. It fea- tures enhanced interactivity and functionality, including an interactive calen- dar of events, photo and video gallery with over 682,800 Page Views. In 2014, YTD, we had 218,085 Unique Visits to our site and the Mobi site saw 27,744 unique visits, showing that our visitor interest continues to grow. All online and print advertisement directs traffic to this site, which serves as a gateway to the official site. SITE VISITTEMECULA.ORG/ FYTD 13-14 YTD 14-15 EVENTSTEMECULA.COM Number of Page Views Number of Unique Visits Average Time on Site (in minutes) Bounce Rate 734,938 682,800 211,740 3:26 48.29 218,085 2: 10 42.66 MOBILE VISITTEMECULA .MOBI FYTD 13-14 YTD 14-15 Number of Page Views 166,036 127,693 Number of Unique Visits 43,881 27,744 Average Time on Site (in minutes) 1:98 1:50 Bounce Rate 46.99 42.66% 13 Visit Temecula Valley TBID Annual Report of Activities WEBSITE ENGAGEMENT/ACTIVITY FYTD 13-14 YTD 13-14 Online Guide/Brochure Requests Number of E -Newsletter Registrants Total Website Engagements Site Conversions (Based on Engagement) Traffic to Sponsors (All Banner Ads) or 1,059 901 10,286 .8o 1,311,824 1,160 690 559 .43 1,326,796 Your VTV produces publications essential to marketing the Temecula Valley as a destination for tourism and group business. In addition to their practical informational function, publications and collateral items also serve as call -to -action pieces and "new products" for VTV to promote through public relations and advertising. VISITOR GUIDE & IMIIEETING PLANNER GUI The Temecula Valley Visitor Guide is the region's official visitor information publication. In FY 2014-2015, VTV continues to partner with Member partners and local vendors to produce this publication. The guide is designed to be an informational piece distributed to potential visitors and consumers, as well as meeting planners, tour operators and media. The Visitor Guide is distributed at area hotels, attractions, travel and trade shows, California Welcome Centers and throughout the state. The Visitor Guide has many features, including a pull-out area map, suggested itineraries, editorial emphasis on the region's distinctive lifestyle, which includes our niche markets of food, wine, out- door activities, history, entertainment and the arts. VTV also publishes a comprehensive meeting planner guide, and is used by the VTV sales department in their marketing to meeting and event planners, tour operators and wedding planners. 111 rur , ,nP!(T rapnrrw 1PF To promote the Temecula Valley's unique niche markets of wine, golf, history, entertainment, sports, and weddings, VTV distributed several brochures in FY 2013. The Temecula Valley destina- tion map showcases our top three area assets, Pechanga Resort & Casino, Wine Country and Old Town Temecula. VTV distributed YTD 150,000 Temecula Valley maps in 1,533 locations within Cali- fornia. We are seeing an increase in numbers though Digital publication downloads and USB distri- bution. With increased popularity of our destination, we continue to develop new marketing ma- terials to include our updated group tour, sports group and meeting planner brochures. Brochures and maps are still one of the most distributed products to our visitors and partners through spe- cialty niche trade missions. Niche and seasonal markets will continue to be a key strategy in grow- ing our lodging occupancy. 14 Visit Temecula Valley TBID Annual Report of Activities publications meeting &event planning guide mileage to / from temecula valley wine country what's new • top attractions • must see places explore amongt evmeyards outhern cal'ifornia airports .10 southern caliFornia attractions visittemec film temecula FILM TEMECULA PERFORMANCE MEASURES FYTD 13-14 YTD 14-15 Inquiries (unavailable) Location Scouting (unavailable) Permits Granted (unavailable) Permit/Handling Revenue Received (unavailable) Members (New and Renewals) (unavailable) 26 5 6 $662.5o 26 f LW' TEMEC VALLE 15 Visit Temecula Valley TBID Annual Report of Activities visitor center PERFORMANCE MEASURES FYTD 13-14 YTD 14-15 Visitor Guide Inquiries/Fulfillment 26,395 Total Calls 2,630 Visitor E-mails 732 Visitor Walk -Ins from California 4,608 Visitor Walk -Ins from Out -of -State 2,402 Visitor Walk -Ins International 884 Retail Sales $12,657 Monthly Visitor Demographics 16 Visit Temecula Valley TBID Annual Report of Activities • California • Out of State International 15,384 1,342 887 2,070 1,339 524 $5,839 things to do i touchscreen here partnerships OVERVIEW MEMBERSHIP Visit Temecula Valley collaborates with numerous community partners and industry non profit organizations in marketing Temecula Valley as a destination. VTV provides services to all partners and partners are referred on a daily basis to consumers, media, travel trade and meeting professionals. PARTNER MARKETING OPPORTUNITIES Throughout the year, a variety of marketing opportunities are offered to VTV partners, including: participation in familiarization tours for meeting planners and media, inclusion in press releases, receipt of sales leads for group business, advertisement in VTV publica- tions, participation in local networking functions, enhanced listings, access to promotional opportunities and trade show participation. ANNUAL PARTNERSHIP MEETING & LUNCHEON The VTV Annual Meeting was, once again, held in the City Civic Center Conference Room. Over 160 partners and community stakeholders attended the meeting, which featured highlights by our 2014-2015 Chairman, Ken Westmyer, and President & CEO, Kimberly Ad- ams. VTV, Temecula Valley Winegrowers Association and Old Town Association held 3 networking mixers for member partners in Wine Country. The VTV Hospitality Committee held the sec- ond "Hospitality Day"; Marketing department held Media Day; and the Events Resource Committee held a Special Events Sponsor training. VTV hosted two Quarterly luncheons at member partner locations, where topics included industry trends and education. VISYI CALii-Oi'NiA PAR i i'VtRS YiiP The Visit California partnership has been critical in the growth of our brand within the Califor- nia Tourism product. Temecula has received coverage though the marketing activities pre- formed by Visit California and VTV staff. Temecula continues to be featured in the Visit Cali- fornia Rural Youtube Spot, generating 1 Billion gross impressions. 17 Visit Temecula Valley TBID Annual Report of Activities 2013-2014 Membership Demographics • Lodging • Dining • Transportation • Attractions • Wineries • Convention Svcs. • Professional Svcs. • Retail Hosp. Businesses Professional Assn. MEMBERS FYTD 13-14 YTD 14-15 Total Members 189 209 New Members 30 50 Member Referrals 6,511 5,218 j) 1 18 Visit Temecula Valley TBID Annual Report of Activities [RODENWAYN T EMECUL A C REEK I NN VOW LAQL7 I NTA. INNS & SUITES .. **Rancho ancho 1C61IJornIc Inn E M B A S S Y S U I -r E S EXTENDED RAMADA. FAIL- FIELD INN &SUITES C )Xarrtotl TEMECULA VALLEY CONVENTION & VISITORS' BUREAU COMPILED FINANCIAL STATEMENTS For the Eight Month Period Ended October 31, 2014 TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU October 31, 2014 Table of Contents FINANCIAL SECTION Page Accountants' Compilation Report 1 Statement of Financial Position 2 Statement of Activities 3 Statement of Cash Flows 4 SUPPLEMENTARY INFORMATION Revenue Source Charts 5 Expense Allocation Charts 6 SUPPLEMENTARY INFORMATION - BUDGET TO ACTUAL REPORTS General Fund 7 City Grants 8 TID Fund 9 SUPPLEMENTARY INFORMATION TID Income, Expenses and Carryover Funds 10 City Grants 2013/2014 Income, Expenses and Deferred Revenue 11 Financial Section A PROFESSIONAL ACCOUNTANCY CORPORATION ACCOUNTANTS' COMPILATION REPORT To The Board of Directors Temecula Valley Convention & Visitors' Bureau Temecula, California We have compiled the accompanying statement of financial position of the Temecula Valley Convention & Visitors' Bureau as of October 31, 2014, and the related statements of activities and cash flows for the eight month period ending October 31, 2014. We have not audited or reviewed the accompanying financial statements and, accordingly, do not express an opinion or provide any assurance about whether the financial statements are in accordance with accounting principles generally accepted in the United States of America. Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America and for designing, implementing, and maintaining internal control relevant to the preparation and fair presentation of the financial statements. Our responsibility is to conduct the compilation in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. The objective of a compilation is to assist management in presenting financial information in the form of financial statements without undertaking to obtain or provide any assurance that there are no material modifications that should be made to the financial statements. Management has elected to omit substantially all of the disclosures required by generally accepted accounting principles. If the omitted disclosures were included in the financial statements, they might influence the user's conclusions about the Organization's financial position, change in net assets, and cash flows. Accordingly, these financial statements are not designed for those who are not informed about such matters. The supplementary information consists of a comparison of the annual budgeted amounts to the actual amounts for the eight month period ending October 31, 2014, the 2013/14 unspent carry forward balances of the TID grant for the eight month then ended, and also the 2013/14 city grants deferred revenue detail. We have compiled the supplementary information from information that is the representation of management of the Temecula Valley Convention & Visitors' Bureau without audit or review. Accordingly, we do not express an opinion of any other form of assurance on the supplementary information. We are not independent with respect to the Temecula Valley Convention and Visitors' Bureau. Lrbro7 ` Zt Murrieta, California November 8, 2014 1 Jeff Nigro, CPA, CFE 1 Elizabeth Nigro, CPA 1 CI Gaunder Singh, CPA 1 Kevin Brejnak, CPA, CFE MURRIETA OFFICE 25220 Hancock Avenue, Suite 400, Murrieta, CA 92562 • P: (95 1 1 698-8783 • F:19511 699-1064 EMERYVILLE OFFICE 1900 Powell Street, Suite 600, Emeryville, CA 94608 • P: 15101 588-8832 • F:15101 588-8701 www.nncpas.com • Licensed 6y the California Board of Accorrrrlarcie TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU Statement of Financial Position October 31, 2014 ASSE1 S Current Assets Cash $ 681,236 Accounts Receivable 225,495 Inventory 10,872 Total Current Assets 917,603 Other Assets Security Deposit 2,832 TOTAL ASSETS LIABILITIES AND NET ASSETS $ 920,435 CURRENT LIABILITIES Accounts Payable $ 4,842 Compensated Absences Payable 21,399 Deferred Revenue - City Grants 47,237 Credit Card Payable 15,530 Retirement Plan Payable 1,736 TOTAL CURRENT LIABILITIES 90,744 NET ASSETS Unrestricted Temporarily Restricted 180,473 649,218 TOTAL NET ASSETS 829,691 TOTAL LIABILITIES AND NET ASSETS $ 920,435 See accompanying accountants'compilation report. 2 TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU Statement of Activities For the Eight Month Period Ending October 31, 2014 Unrestricted Temporarily Restricted Total REVENUES, GAINS, AND OTHER SUPPORT TID Funding $ - $ 997,673 $ 997,673 Private Funding 100,000 12,500 112,500 City Grants - 32,694 32,694 Program Service Revenues Merchandise Sales 7,073 - 7,073 Cost of Merchandise Sold (3,099) (3,099) Merchandise Sales, Net 3,974 3,974 Membership Dues 25,558 - 25,558 Visitor Guide 1,806 - 1,806 Meeting Planning Guide 520 - 520 Film Commission 1,362 - 1,362 Website Advertising 3,604 - 3,604 Interest Income 116 - 116 Net Assets Released From Restrictions: Grant Restrictions Satisfied 754,067 (754,067) TOTAL REVENUES, GAINS, AND OTHER SUPPORT 891,007 288,800 1,179,807 Program Services: Advertising -Printed Marketing 213,804 - 213,804 Advertising -Website 27,316 27,316 Dues & Report Services 32,435 32,435 Event Hosting 21,981 - 21,981 FAM Tours / Site Visits 15,986 - 15,986 Marketing Personnel Costs 298,066 - 298,066 Promotional Items 9,260 - 9,260 Trade Show Participation 20,382 - 20,382 Travel & Entertainment 17,779 17,779 Operational: Credit Card Processing 1,474 - 1,474 Insurance 10,370 - 10,370 Office Supplies 5,972 - 5,972 Personnel Costs 79,429 - 79,429 Printing 8,372 - 8,372 Professional Fees 37,394 37,394 Property Taxes 1,642 1,642 Rent 37,087 - 37,087 Telephone 3,346 - 3,346 TOTAL EXPENSES 842,095 - 842,095 CHANGE IN NET ASSETS 48,912 288,800 337,712 NET ASSETS, FEBRUARY 28, 2014 131,561 360,418 491,979 NET ASSETS, OCTOBER 31, 2014 $ 180,473 $ 649,218 $ 829,691 See accompanying accountants'compilation report. I 3 TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU Statement of Cash Flows For the Eight Month Period Ending October 31, 2014 CASH FLOWS FROM OPERATING ACTIVITIES Increase in Net Assets Adjustments to reconcile change in net assets to net cash provided by operating activities: $ 337,712 (Increase) decrease in operating assets: Inventory 381 Accounts Receivable (40,803) Increase (decrease) in operating liabilities: Compensated Absences Payable 1,570 Retirement Plan Payable (39) Credit Card Payable (1,953) Deferred Revenue - City Grants 17,306 Accounts Payable (5,220) NEI CASH PROVIDED BY OPERATING ACTIVITIES 308,954 NET INCREASE IN CASH 308,954 BEGINNING CASH FEBRUARY 28, 2014 372,282 ENDING CASH OCTOBER 31, 2014 $ 681,236 See accompanying accountants'compilation report. 4 Supplementary Information TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU Revenue Sources For the Eight Month Period Ending October 31, 2014 and October 31, 2013 Revenue Sources - October 2014 ■ TID Funding - $997,673* ■ Private Funding - $112,500 City Grants - $32,694 ■ Other - $14,481 r Membership Dues - $25,558 Total - $1,182,906 * Interim TID funding amounts are estimated. 9°/0 Revenue Sources - October 2013 3%7 1/0 2% ■ TID Funding - $935,783 _85% ■ Private Funding - $100,000 City Grants - $30,753 ■ Other - $14,314 Membership Dues - $17,917 Total - $1,098,767 See accompanying accountants' compilation report. 5 TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU Expense Allocation For the Eight Month Period Ending October 31, 2014 and October 31, 2013 Combined Activity: 100.0 80.0 60.0 40.0 20.0 0.0% 77.7% October 2014 21.9% 0.4% ■ Program Services ■ operational • Cost of Goods Sold TID Activity (includes carryforward expenses): 100% 80% 60% 40% 20% 0% October 2014 84% ■ Program Services ■ Operational 100% 80% 60% 40% 20% 0% 79.4% October 2013 20.0% 0.6% ■ Program Services ■ operational • Cost of Goods Sold See accompanying accountants' compilation report. 1 6 Supplementary Information - Budget to Actual Reports TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU General Fund For the Eight Month Period Ending October 31, 2014 Actual Budget Actual Thru Budget Thru $ Over/(Under) Annual October 2014 October 2014 Oct 31, 2014 Oct 31, 2014 Budget Budget Income Merchandise Sales $ 1,440 $ 1,000 $ 7,073 $ 8,000 $ (927) $ 12,000 Membership Dues 625 3,250 25,558 26,000 (442) 39,000 Advertising - Website 134 635 3,604 5,080 (1,476) 7,620 Film, Commission 100 1,362 - 1,362 - Investment Revenue 19 20 116 160 (44) 240 Advertising - Print - 5,000 2,326 10,000 (7,674) 10,000 Private Funding 12,500 8,333 112,500 66,664 45,836 100,000 Total Income 14,818 18,238 152,539 115,904 36,635 168,860 Expense * Cost of Goods Sold 450 3,099 3,600 (501) 5,400 Advertising - Printed Marketing 6,659 9,934 18,315 40,050 (21,735) 54,593 Personnel Costs -Operational 5,787 6,739 53,796 56,897 (3,101) 87,200 Telecommunications 485 500 3,346 4,000 (654) 6,000 Professional Fees 303 338 3,219 2,748 471 4,144 Bank Fees / Credit Card Processing 154 100 1,474 800 674 1,200 Insurance - 177 6,236 6,249 (13) 6,957 Property Tax 1,642 1,560 82 3,366 Total Expense Net Income/Loss 13,388 18,238 91,127 115,904 (24,777) 168,860 $ 1,430 $ 61,412 $ $ 61,412 $ * Cost of Goods Sold: Budget includes all purchases (purchases sold and purchases in inventory). The inventory remaining at 10/31/14 is $10,872. See accompanying accountants' compilation report. 7 TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU City Grants For the Eight Month Period Ending October 31, 2014 Actual Budget Actual Thru Budget Thru $ Over/(Under) Annual October 2014 October 2014 Oct 31, 2014 Oct 31, 2014 Budget Budget Income Film Commission * $ 537 $ - $ 1,954 $ 7,500 $ (5,546) $ 7,500 City Marketing ** 1,872 42,500 1,872 42,500 (40,628) 42,500 Total Income 2,409 42,500 3,826 50,000 (46,174) 50,000 Expense Film Commission 537 - 1,954 7,500 (5,546) 7,500 City Marketing 1,872 42,500 1,872 42,500 (40,628) 42,500 Total Expense Net Income/Loss 2,409 42,500 3,826 50,000 (46,174) 50,000 $ - $ - $ - $ $ $ *$7,500 was received in September 2014. The unspent balance in the amount of $5,546 is recorded as deferred revenue until spent. **$42,500 was received in September 2014. The unspent balance in the amount of $40,628 is recorded as deferred revenue until spent. See accompanying accountants' compilation report. 8 TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU TID Fund For the Eight Month Period Ending October 31, 2014 Actual Budget Actual Thru Budget Thru $ Over/(Under) Annual October 2014 October 2014 Oct 31, 2014 Oct 31, 2014 Budget Budget Income Funding $ 116,084 $ 116,084 $ 997,673 $ 935,781 $ 61,892 $ 1,286,163 Total Income 116,084 116,084 997,673 935,781 61,892 1,286,163 Expense Advertising / Marketing: Personnel Costs 30,645 39,899 206,658 376,077 (169,419) 561,243 Advertising Printed 20,207 46,737 95,324 238,557 (143,233) 310,440 Promotional Items 6,081 500 8,678 20,897 (12,219) 24,892 Event Hosting 2,001 1,625 11,804 12,850 (1,046) 17,826 Trade Show Participation 1,395 - 14,540 50,380 (35,840) 51,285 Advertising Website 868 1,218 21,594 25,059 (3,465) 33,518 Travel & Entertainment 817 6,901 6,901 32,722 (25,821) 41,823 Dues & Report Services 750 2,190 19,620 35,620 (16,000) 40,020 FAM Tours/Site Visits 527 2,450 14,105 16,700 (2,595) 22,550 Operational: Rent & Occupancy 6,504 4,336 27,725 37,163 (9,438) 54,312 Professional Fees 3,017 3,705 28,502 36,359 (7,857) 50,486 Personnel Costs 2,561 3,448 15,277 28,367 (13,090) 42,038 Printing 616 1,930 6,863 12,870 (6,007) 18,990 Office Supplies 442 500 5,066 7,000 (1,934) 9,000 Insurance 359 645 3,308 5,160 (1,852) 7,740 Total Expense Net Income/Loss 76,790 116,084 485,965 935,781 (449,816) 1,286,163 $ 39,294 $ - $ 511,708 $ $ 511,708 $ See accompanying accountants' compilation report. 9 Supplementary Information TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU Tourism Improvement District (TID) 2013/2014 Income, Expenses, and Carryover Funds TID TID TID TID TID Remaining Actual Expenses Carryover Balance Actual Expenses 2013/14 Revised Budget Mar '13 - Feb '14 At Feb 28, 2014 March -October 2014 Carryover Balance Revised Per Actual Revenue Income TID Funding $ 1,319,614 $ - $ - $ - $ Total Income 1,319,614 Expense Advertising / Marketing 1,134,868 820,888 313,980 209,804 104,176 Operational 184,746 138,308 46,438 25,604 20,834 Total Expense $ 1,319,614 $ 959,196 $ 360,418 $ 235,408 $ 125,010 See accompanying accountants' compilation report. 1 10 TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU City Grants 2013/14 Income, Expenses, and Deferred Revenue City Grants City Grants Remaining City Grants City Grants City Grants 2013/14 Actual Expenses Deferred Revenue Actual Expenses Deferred Revenue* Original Budget Mar '13- Feb '14 At Feb 28, 2014 March -October 2014 Carryover Balance Income Film Commission $ 5,000 $ 3,926 $ 1,074 $ 1,074 $ City Marketing * 40,000 16,818 23,182 22,119 1,063 Total Income 45,000 20,744 24,256 23,193 Expense Film Commission City Marketing Total Expense 1,063 5,000 3,926 40,000 1,074 1,074 16,818 23,182 22,119 1,063 $ 45,000 $ 20,744 $ 24,256 $ 23,193 $ 1,063 *$40,000 was received in October 2013. The unspent balance in the amount of $1,063 is recorded as deferred revenue until spent. See accompanying accountants' compilation report. 11 Revised: December 3, 2014 VISIT TEM ECULA VALLEY TOURISM BU SIN E SS IM PRO VEM ENT D TSTRICT M AN AGEM ENT DISTRICT PLAN Forn edpulsuantto thePropertyandBusmesslm proven entD istJctLaw of1994 (Stz etsandH a rhwaysCode,§36600ets .) Subm'by V i 1l Tem ec l.VaILj501(c)6 N oven ber2014 9>e zeta SOUTHERN CALIFORNIA WINE COUNTRY V Revised: December 3, 2014 TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN TABLE OF CONTENTS I. INTRODUCTIDN AND OVERVIEW 2 II. WHYATOURISM BUSIN ESS IMPRO VEMENT DIS1RICTFOR THE TEMECULA VALLEY? 3 III. WHAT ISA TOURISM BUSINESS IMPRO VEMENT DISTRICT? 4 N. VISIT TEM ECU LA VALLEY BUSINESS IMPRO VEMENT D1S1RIOT BOUNDARY .5 V. SERVICE PLAN AND BUDGET ..7 A . A own eat 7 B. D etenn jriatim of SpecRl B eaeft 7 C . T in e and M caner f:DrCoIlsctilgAa=cm eats 7 D . SerumPtea,Budget,andProg nstobePzovied .8 E . Annual Seiv±ce P n ....................................... VI. BID GOVERNANCE .10 A . Visit Tan eculaVaIbyTourisn Business Tm proven eatD isbi-tCo/poionG ovemaace..... ... 10 B . BrownActaadCalifnmhPubTReoordsActComplbace............................................ 10 C . 10 APPENDIX 1 -LODGING BUSIN ESSESTO BE ASSESSED W II'HIN THE VTVTBID 14 Visit Temecula Valley Tourism Business Improvement District Management District Plan Page 1 Revised: December 3, 2014 I. INTRODUCTION AND OVERVIEW D evebped by V isit T eln ecu]a V aT r, Earn ally }mown as the Tern ecuia C onvaztnn and V itor's Bureau, ("V TV ") and the bdging bushcc w'thin the C ity of Tan c=c uta, the V isit Tem ecu]a V alley Tourism B ushess Im proven ent D isbdct T TV T B ID) is a benefit awn eat dsz•t proposed to he fund m arkethg and mbsprom otbn Pffarts Thrbdging busncrr;w i iii the C ity of Tan e:uh. The V TV organi7atbn has sacoesabllym anaged the existing Tan ecuh V aIL r Tourism Bushess proven ant D ist±t shoo 2006. This approach has been uced samessfully in other destinatbn areas throughout the country to in prove tour en and drive add nal mom nuts. The V TV TB ID w ilLbe e abli ted purauantto the Parking and Business In. proven entD isbz.•tLag of 1994 California Str cts and H iglnw ays C ode Sectbn 36600 et sq.) (the "1994 Lag ") and w �f replace the existing Tan eolla V aIL r Tourism B usrness Im provan ant D istrbt established pursuant to the Parking and Business Im proven eatA rea Lag of 1989 C alifr=1a Stro: to and H ijaways C ode Semon 36500 et. sEq.) . An up to date vein of the 1994 Lag w ith all applicable an endm eats is availiple at http :/ / leginfo ]ature cagov/ fps/ codes dipiayexpandedlomnchxhtm 1. L ocadon : The ex :or boundajes of the proposed V TV TB ID are the boundaries of the C illy of Tan ecuIa (the "C ii") . The V TV TB ID includes aIL ledging busing, which include hotels, m otels, and bed and breakfasts as defiled in Tan ecula M unr:ipalC ode Sectbn 3 20.020 ("Lodging Businc ry;") w itluin these boundarix. There are no benefit zones wJiliia theVTVTBID Services: M arketing and ca b prom otbnsdesigned to l rbanefitLodghgBusiir a coy increlashg tourian and m arkeLug the Ten e:u1a V alley as a tourist, m eethg and event destznat bn . Budget: The total V TV TB ID annual budget for each year of lb five (5) year operation is anti^apated to be approxin atelr $7,013,680 .00 . The an ount of revenues rated by the annual awn entproposed to be Dried in year one of the V TV TB ID is ant heated to be approxin ate $1,402,736.00. The annual revenues for each year of the ran airing four years of the V TV TB ID 's five-year tern are expectrel tQ fluctuate in accordance w 111 occupancy rates and rents charged by the operators of the Lodging Busher w 111 iii the V TV TB ID , but the an ount is not ant i4 ated to be signifcmtly diftre nteach year. The C iby dnallnot e bonds in canna len w 111 the V TV TB ID . The C 'by dill retain from the awn ents an an ount equal to it:, actual expenses in establishing the V TV TB ID , and 2% of collected awn eats each yearw ilibe used to pay thr ce Il ting the assn ents and adm inistratire expenses of the C may. A ssessn Ent: E xcept where funds are o therw available, the C ity proposes to annually levy an awn ent on all L odgiig Businesses w 11 iii the V TV TB ID boundaries based upon 4% of the rent charged by the operator per occupied room per night to pay fpr adjs./ides w JL1 yin the V TV TB ID. Extended stays, defined as stays of m ore than 30 consecutive calendar days, and thos? exam pt pens ns as defined in Tan ecula M unicalC ode Section320.040,wX]1beexenptfrom the VTVTBID assn eat N eN Lodging Businesses established w ilhii the boundaries of the VTVTBID ages the beginning of any fisJalyearw illnotbe exam pt from the bvy of assn ant for that fiscal year. A n ants pursuant to the VTVTBID dill not be included in Visit Temecula Valley Tourism Business Improvement District Management District Plan Page 2 Revised: December 3, 2014 gross room rental revenue frarpurpoof deter n ming the an ount of the tzansient occupancy tax in posed pi irq lent to Chapter 3 20 of the Tem eculh M unicioalC ode. Form ation : The C ibr C ounclm ay hiLiaMprocesdhgs to form the V TV TB ID upon the salon is on of a written. petition signed by the own of Lodging Busiacmcswithia the proposed V TV TB ID which w>'Ilpaym ore than 50% of the assn eatsproposed to be Dried. D uration : If the C ibr C ouncil, by resolution, dlres iLs intention to establish the V TV TB ID , the C ouncnlm ustholl a noticed m eating and a shsequeatpubit hearing on the proposed estabIiThun ent The owners of the Lodging Busiac r s w Elmoeire a jintnotre of the m ceding and pubTh h lg bym A t the pubTh hearing a protest m ay be m ace oraTty or in w ruing by any ink person . Every w ritla protest ShaIL be fad w ith the C ity C lark at or before the tin e fixed for the pubTh hearing. W atm protrc m ay be m ailed to the C ibr C lam, C ity of Tan ecula, 41000 M Street, Tan eula, California 92590. The C ibr Council m ay waive any inegulnry in the forn or content of any w rit1n protest. A w protest m ay be w ithdravn n w.ng at any tin e before the conclusion of the public hearing. Each w alert protest shall contain a de r tion of the business in which the person sabsnbing the protest is interested safE'cient to identify the business and, if a person subs dbing is not shown on the ofFH91 reaords of the C ity as the owner of the business, the protest doll. contain or be acoom paaiad by w riga evidence that the perm sabszrbing is the owner of the business or the authorize) represaitatire. A w ritm protest that does not corn ply w these reluiren ants dialL not be county) n detenn ming a m ajrity protest. If writlie.n prol= are received from the owners or authorize) rgoreSantatires of busing in the proposed V TV T B ID that w ill pay 50 percent or m ore of the ati n ants proposed to be levie✓1 and proton are not w ilidr n se as to reduce the proton toless than 50 percent, no fiLrtherprooeedngs hvy the proposed assn eat against sarin businm r mall be taken Thr a period of one year from the date of the finding of am ajrityprotestby the C ity C ouneiI The proposal assn eats daa1lbe hriecl for five years, beginning w ith the final year that comm aloes on M arch 1, 2015 and ends on February 29, 2016. After the expiration of the fare -ear tern , the C ityC ouncalm ay =en/ the appcoan entpursaanttre Section 36600 of the 1994 Lair . For purposes of Dying and eolectng assn eats w ilhin the V T V T B ID , a fmal year dill can. m ence on M arch 1 and end on the blow ng February 28th (or 29th); provilel the C ibr Council may, by resolution, descignatE the fis=alyear as July 1st to Juane 30th of the folbw ng year, or any other fiscal year, sabjectto allapplioabb requiran ants of the 1994 Law . 0 nce per year beginning on the anniversary of the Th trn at ion of the V TV TB ID there daalLbe a 30 -day period in which owners of the Lodging Businc s paying m ore than 50% of the assn entm aypedtbn the C ibr C cunni) to tern nate the V TV TB ID . Visit Temecula Valley Tourism Business Improvement District Management District Plan Page 3 Revised: December 3, 2014 H. WHYATOURISM BUSINESS IM PRO VEM ENT DISTRICT FOR THE CITY O F TEM ECULA VALLEY? There are reralreassnswhy now is the right tin e to form a V TV TB ID in the C ity of Ten R-uh; them ost aom peIlng reasons are as Thlbws: s: 1. TheN ccd iDIncreaseO ccupancy The Thrnatnn of the VTVTBID is a proactue Pffbrt to provide sapphmental funding beyond that provided by the car. The finding w >IL moire that adequate financing exists for the investor ent required to increa occupancy in the bdging industay and be competitire in the conference secin ait of the tourian m arket. The nveslm ent w cover an expanded m arkethg and prom othnalbudgetneeded to reach thism arketsagm ent. 2. StabbFundmgfoTTourisn Prom otion The V TV TB ID w E1 provide a stBbh souro of finding for oansid=t tourism prom otnn Pfforts. The VTVTBID w X71 provide funding fir tourism prom otbn frcr of polit-ral and eoonom b circum stances. Ten ecula Lodging B usg is is have balerid from an adstng Ten ecula V aIL r Tourism Business Tin proven ait D istri:t form any years. The existng district requires the ley of ati n ents annual '. The est-ablidhm ent of a busaness in proven entdisb±tunder the 1994 Lair w aprovide stabb funding overa firer tam , thereby allow ing Thrm ore long-ange pJannng and program in plan entat inn . Visit Temecula Valley Tourism Business Improvement District Management District Plan Page 4 Revised: December 3, 2014 III WHAT TSA TOURISM BUSIN ESS IMPROVEMENTDTSTRICT? Tourism B usrcress Im proven ent D is is (P BID s) utilize the efEcimc es of private sic for operation in the m arket—tel prom otbn of tourism districts. TB ID s allow lodging and tourism —t d business owner to organize their Pffnrts to ince tourism . Tourism -reht d busi>_eowner w Illin the dist al fund a TB ID , and tho finds are ussd to provide prices that the bush desire and thatbanefitthe lodging burin recw ithin the D ist ±L T ourism Business Im proven entD istrictservices m ay include, butane not]in bedto : M arketing of the D est atbn Tourisrn Prom otbn A cti;ribes Sales Lead G ezerat len In C a7ifoma, TB ID s are form el pumuant to the Property and Bushes Im proven eat D ist±t Lav of 1994 (" 1994 Lad ") . This laN allow s ler the cation of a pal benefit awn eat disb±Lto ram funds withi7 a oecl-F1• geogizph>✓ area. The key di xe bstwETBID sand other qbaial bmfit assnEnt dim is that fink raised are Mural to the pr i ate nal-pa:ft crxp xatin saving as tte onard Broin thecl ct. T here are m any benefits to T ourisn Business Im proven entD istricts : Funds cannotbe diverted brothergovemm entprogram s; Tourism Business Im proven azt D istr L-ts are custom ized to f i the needs of each tourism di .�t; Theyallow h raw ire range of servioes, including tho listed above; Tounan Business Tm proven entD ist lots are designed, create' and governed by thosewho wi7Zpay thean alt; Theyproviie a st-ablo funding sour= kir tourism prom otbn An up to date version of the 1994 Lav w it11 allappli-abb an aide eats is avaTbb at http :/ / bgiZfo tarecagov/ fps/codes displayexpandedbrtmch <11.tm 1. Visit Temecula Valley Tourism Business Improvement District Management District Plan Page 5 Revised: December 3, 2014 IV. TEM ECULA VALLEY TBID BOUNDARY The V TV TB ID w ill hc-i ]de aIlL odging Busizcrr = ,, acisEng and fatale, w >thSi the bounda»s of the C ihy of Ten ecuh. The boundaZes of the C iy of Tan ecu.h curtently hc-i ]de approx±n alpiy 15 bdgiag busnr , as mown on the m ap on the fDlbw sag page. A cbm pbte lsCing of Lodging BushcVrrswiLli the prmposedVTVTBID can be Bund on Appendix 1 of this Plan. Temecula Valley Tourism Business Improvement District Management District Plan Page 6 Revised: December 3, 2014 0 Quality Inn La Quinta Inn & Suites Fairfield 0 Inn & Suites b9- Extended aExtended rm Stay America Holiday yi Inn Express soZ LE Best Western Country Inn QO pQ nR � MFNADEM'Py ZpgT OF PO SOLANA wY Spring P'''s Hill Suites 0 Embassy BGS © Suites �Fss,o Hampton 4,44n & Suites MI R e14*% ESiRIB0 Rancho 0 California Inn 0 Motel 6 Palomar Hotel 0 0,0 RodewayInn" OC 6, Ramada Hotel 1 SPP 0 AGENA ST RANCHO VISTA RO map SPN<`P Mum RO TFMe VALLEJOAV CV P,(1- Temecula 0Y Temecula Creek Inn 1 �CygN C90 ay C<UBHOUS O,p Temecula Valley Tourism Business Improvement District Management District Plan Page 7 Revised: December 3, 2014 V. SERVICE PLAN AND BUDGET A . A s°ssn ent The annual assn ant rate to be laved on each Lodging Business w i hh the proposed VTVTBID is baxd on the estin ated goecifir and qoO1balef Lto the Lodging Busht's. Excgotwhere funds are otherw avanfblb, the C ity proposes to annually levy an assn eat on all Lodging Buse; w ithin the V TV TB ID boundaries based upon 4% of the rent charged by the operator per occupied room per night to pay for act cities w ithin the V TV TB ID . Extended stays, defined as stays of m ore than 30 consecut ze calendar days, and those exempt pens as defined in Ten ecuhMun palCode Section 320.040,w>llbeexenptfrom the VTVTBID asses3neat N Lodging Buse; established williia the boundaries of the VTVTBID after the beginning of any Liscalyearw Silnotbe extern pt from the levy of =clan nit for that fialyear. A =Ian ants pumuant to the V TV TB ID dean not be included in gross room rental revenue for purpose of deform ining the an ount of the ttzinnt occupancy tax in posed purs.aant to Chapter 3 20 of the Ten e:ulh M un pal C ode. B ondsw Tlnotbe i Mrd . The an ountofaacarn ant, ifpassed on to each trLansiant, dhaILbe s parater ted from the an ount of rentdaarged and any other appli bh Laces, and each t e nsieat mall receive a receipt forpaym eat from the business. B . D etenn ination ofSpecialBenefit- State law requires that a n ent funds be expaided on a qoe✓ifx- benefit conferred directly to the payors that isnotprovi✓1ed to those not charged, and which does not exc d the reassnabh cost to the C ity of aonfeaag the benefit Further, the assn eat m ay be ut>7ized to provide a gorcif'r- govemm antes directly to the payors that is notprovidEEd to thou not charged , and which does not exceed the reasonabb costs to the tical govenm antofproviding the service. Funds w Abe m anage 3 byV TV , while w ann ]al reports to the City. The qDFrifh and peci±l benefit the VTVTBID w >1 provide to Lodging B usinc x , and w > 1 not provide to non -ate busnnc3, is room night 1 In order to provide a goeifir and qoera1 baiefit and govenm alt service only to payors w hh does not exceed the reasonable cost thereo f, them arketing and prom otbn services provided w ith the V TV T B ID funds w it be designed goecifsa1ly tro drive mom nijl ab to asseed Lodging BusincY; r -n. C . Tin e and M annerforC olbc A ssessn ents The proposed assn eats daall be hvi 1 for five fuel years, beginning with the fieca1 year which begins on M arch 1, 2015 and ends on February 29, 2016. The C ityw>'llcble tthe awn ents from Lodging Busincoms w illyin the boundaries of the VTVTBID in m onthly instal3n ants or sach other instal eats as dem fined pursaaat to resolution of the C3131 Council The funds collected w be disbbuted to the V TV Board. Funds ren a±iiag atthe end of anyyearm gybe used in sabsequeatyears in which V TV T B ID asaesan ents are levied as ting as they are used consistentw illi the requiem ants of the 1994 Lag and this Plan. Temecula Valley Tourism Business Improvement District Management District Plan Page 8 Revised: December 3, 2014 Each operator of a Lodging Business sinal), on orbefbre the thirteth day of each m onth, oom m ening h M arch 2015,m ake a retain to the C itr's D irecoror F finance, orhis orherdesignee, (the "assn ant adm inisnabor" ), on than s provided by the awn ant adm inistrator, of the total rents charged and received for the in m edately preceding m onth and the an ount of anac9cm ant inst alk alt owed based on such rents. A t such tin e, the full an ount of the aux co m eat irisin ent dial_ be ran itted to the assn ent adm infiltrator and hallbe delinquent if not paid by such date If the thi±eth day of the m onth falls on a Saturday, Sunday, or C iter holiday, the retain and paym ent hallbe due on the fist bushes day thereafter-. Retains and paym ants are due in m ediately upon option of bushels fir any reason and are delinquant thirty days thereafter-. Each return dnallbe signed underpenaly of perjury by a duly authorized agent of the operator. A return or paym ant m ale by m ail dnall be dean ed re red on the date shown on a postage cancellation bn s in p in printed on the envelope in whth the return or paym ant is received, or if a return or paym ant is made by means other than through the United Stab m ail a return orpayn ant dnalLbe dean ed received on the date the paym ant is sten ped "received" by the assn entactin inistrator. Each assn ent cos in ent dnall be sabject to the sari e penalties and interest thr nonpaym ant or feud as are app]i`abb to the trannt occupancy tax pursuant to Chapter 3 20 of the Ten ecula M unt=al C ode. If any operator fails to m ake, w Thin the required tin e, any report and ran ildnce of the assn ent Inst alias ei t or any required. portion thereof, the assn e it adrn inisnlator thallproceedin such m anner, as the atin ant ache infistrator dean s best to obtain facts and inform ation on which to bas=_ an elfin ate of the awn ant iistalln ants due. A s soon as the aseesan ant ache iiisbator procures such facts and infionn atop as he or the is abb to obtain upon which to bay such estin ate, the awn ent adm inistrator thallproosed to detain he and asp against such operator the assn ant insta]k ants, and appli=abb izterestand penalties. In cam such detemi ination ism ale, the awn aitadm iiislrcntor sha11gire a notice of the an ount ss asseed by serving itpeisonally orby depositing tin the Unice Statesm aa7., postage prepaid, addrec ed to the sabjectoperatorathis lastplece of business known to the awn ant adm inistator. The operatorm aym ake application kir a hazing in them annex at forth in Section 3 20.100 of the Tan ecula M unr=al Code, and, iz such cam, the provibns of such Sect bn 3 20.100 of this tiNP dial_ govern the app]ration, hearhg, and detemn inadon of the awn ant ins Ian ent; intetand penalties, if any, by the awn entadm inistrator. An operatorm ay appalthe dela= inabon of the assn ant adm inisn ator to the C ity C ouncal fin the m anner firth in Section 3 20.110 of the Tem ectila M uni✓ipalCode and, in such cam, the provisions of such Section 3 20.110 dnalL govern the appeal and the findings of the C ity Council, w hrh Endings s'nall be final and conclusive. The an ount of amcam ant instalin ants, and app]ivabb penalties and interest thallbe dean ed a debt owed to the C ity by the operator of a Lodging Bushels. An action m ay be am m e nosd in any court. of corn pete it jarisdiction in the nan e of the C iter for the an ount of such debt In addition to the assn ant instal ants, panabes and interest, the operator hallbe ]ibis to the C ity thr the costs of olden of the an ounta due and the e nfioroan ant, inc k di ng, w ithout lint illation, alt rasonabb awimey fh : ,, staff Lilt e and other costs of c ollecdun and ]itigadon . C onvEton and punid7nn ent of any person for ire to com ply mall not reline such person from paying any awn ant instalin Ent, penalty or intim due and unpaid at the tin e of such eonv n nor d7a]1 paym ant prerant prosecution of a vblat on of any of the above -dem provisions. A I1ran ems dnallbe cum Illative and the us of one orm ore ran edies by the C ity t all n otbar the us? of any other ren edy. Any operator of a Lodging Business orotherperson who fails orrefuses to famish any return required to be m ade, or who fa>ls or refuses to fi mi i a sipp]an ental return or other data requital by the Temecula Valley Tourism Business Improvement District Management District Plan Page 9 Revised: December 3, 2014 assessm est adm inistrator, or who readers a false or fraudubrt return or chin , is guilty of a m :Eden eanor. A ny person required to m ake, render, sign orverify any report or claim ,who m Ekes any false or fevadulent report or chin w ith intent to dcThnt or evade the deters inathn of any an oust due pursuant to the V T V T B ID is gu>'ly o f a m izluTr eanor. The assn est daall be biied on each Lodging Business in the V TV TB ID and each Eich Lodging Business daallbe soler reEponsb e for paying all insta]k entswhea due. W ilhoutdistabanoe of the foregoing, a Lodging Business may art to recover som e or all o f the an ount of the assn eat from peens ow ing rent to the Lodging Business. The an ount to be recovered from any sick person m ay not exceed the an ount of rent owed by that peen, m u]Lp1 e1 by four pert rt. The an ount so recovered daal7be separately identified. or ite n ized on a docum eatprovided tri thatperson It dnallbe the duly of every operator of a Lodging Business to keep and preserve, fora period of three years, allrecords asm ay be nary to deters ire the an ountof the assessrl eats due. The awn est adm inistrator daalLhave the authority to require the m aintelrance of certain records and the fern of such records and hallhave the rightto inqoectsach records atall reasonable tin es. W heaever the an ount of any awn eat installs eat, interest or penalty has been overpaid or paid m ore than once or has been erroneously or iThgally collted or received by the C ity, it m ay be refunded provilel a chin in writng therefor, -dathg under penalty of perjary the q:)erifr grounds upon wh±h the chin is founded, is filed w illi the assn eatadm inisbatorw irisin one year of the date ofpaym eat. The coin dnallbe on porn s f amiiied by the awn antalm inatzator. N o refund dnall be paid unless the claim antestablisEd his rLjatthereto byw rilim records diow ing en titlan entthereto D . Service Plan B udgetand Program s to be P rovided : Service P ]an B udget Sum m any - FiscalYears 2015-2020 A Barn m any of the annual service plan budget for the V TV TB ID is provided on the folbw ing pages. The total fare (5 )yr in proven est and service plan budget is projected at appmxin ately $1,4021736 mnual r. E . AnnualService Plan : The overarching m else of them meting progran and som e of ill-, clsn ants have been s?t out in this Plan the ran airing details of the program w Abe developed by the C ity-appointed owners' association, whish is ansa embb to the C ity C ouneiI A Brio plan budget has bean developed to deliver serviees throughout the V TV TB ID . An annual service plan and budgetw >llbe developed and approved by the V TV TB ID 0 wners' A ssociation . P ee see the budget e thlbit bebw . The budget also includes a portion for =tinge -ides and raaeg al of the D istdct. Should the V TV TB ID 0 w n ens' A sso c iatio n approve, fiends m ay be approprated for the renes al Pffcrt If there are fiends ten airing at the end of the V TV TB ID tern and the O w ner's A ssociation chooses to renen7 , these rem aining fiends w ill be transferred to the reneged V TV TB ID in accordancew 111 the 1994 L a, 1 . 0 thew F P, any ran aining fiends w 311 be goeat consistent w 1111 this Phi. or returned to assessed bus in elualproportions to the a_n entpaid by each bushes. Temecula Valley Tourism Business Improvement District Management District Plan Page 10 Revised: December 3, 2014 V isitT an ecula Valley T ourisn Business Im provem entD istrirtAnnualBudget,Years0 ne through Five Servica Piovile9 D esait tbnE T SALES andMARKETING -80% ADM INISTRATIVE and OPERATIUNS-13% • 0 friceA dm inbatbn/O peuatbnalE xpe r • Legal/Amounting CITY ADMIN ISTRATIDN FEE - 2% CONTINGENCY/RENEW AL -5% TotalProjactEd Revenue $1,122,189DC $182 355.00 $28,055.00 $70,137.00 $1,402,736100 The C ii3jC ouncilhereby dims the in plan entat bn of a coord.iiat ed progrnn of prom otnns. By adopting thisM anagen entD s•tPlen, the C iyyC ouncilestabEshesprogian sthatinclide the m c=gcs qoecifed herein as may be m odifisd by the C ity C This M anagen entD isbfbt P bn srtsforth the follow ±gc =tun plated activiCes for each yaarofoperatbnofthe VTVTBID : Sas and M arketing A m afetirng progran w EL promote the Ten ecuia V aIL r as a teurist dest hat ion thr the benefit of the Lodging Businm r in the City of Tan e uta. The Els and m arketing progran w have a citral than e of prom of hg the Tan e:ula V aTL r and T em ecu la V a lle y S o u th ern C a lif o rn is W in e C o u n try as desirabb plc to visit, and m ay iirl lde the fnlbw nig actor s• • Intometm arketing efforts to i a aatis a j areness and opdn ze iitErietpresance; • Printads ii magazines and ne v perms targeted atpot8at alvisors; • Tehviscion ads targeted atpotantalvisitors; • Ram ads targeted atpot e n l H1 visitors; • A ttendance of trade thow s; • Sal`sblitzes; • Fan :liarvat bn • Preparation and production of colhteralprom of onalm atsrials Bach as brochures, flyers and maps; • A Umdance o fprofisssionalindusW oonfsmnossand of flat bn events; • Lead generat on actin ss designed to attract tourists and group events to Tan euh V alter; • D iaorof Saps and G eneralM eiagerm eetings to plan and coordinate teuren prom °don efforts; • E ducat ion ofhogoitaliby staff on erre designed to create a visitorexperiance thatw bring r peatvisitB; and • E ducat ion of Lodging Bushessm anagan entand the 0 wners'A seociadon on m aiiet hg stategissbestanted to m eetthe theirnesds. Temecula Valley Tourism Business Improvement District Management District Plan Page 11 Revised: December 3, 2014 SpecialProccts Specialpm jets Thnding w Abe uthzed to gponsor qpc ia1 emits designed to attractvisitors to the Tanen VaThj. A dm inistrative and 0 perations The aim hisbative and operatbnsportibn of the budget d7.alllbe utilized for stif g costs, ofd costs, and otherganeralan inistradze costs. C ity A dm inistration F cc C>tyofTaneel.dialLbepaid afee equalto2% of the anountofass= at�Ibc lw>thnthe boundariss of the C it' from the Lodging Busrlcvrcc, each fis"alyesr, to cover iLs costs o f collection and adrn inistrat bn F . Adjzstm ents The C >ty appmved m arketing p dzaIlran ain con st atw ith the budgets above. A ]though actual revenues w 311 fluctuate due to m aiet ond±bns, the purport anal aThcat bns of the budget dial_ ran ai the sari e. T he V TV board dial_ have the authority to adj Lst budget albcatnns betw o the categoriss Temecula Valley Tourism Business Improvement District Management District Plan Page 12 Revised: December 3, 2014 VI. VTVTBID GOVERNANCE A . V isit Tem ecula Valley T ourisn Business Im p/ove n ent D istrict G ovemance The C itf C ounczl, through adoption of this M anagen eat D ist±t Plan, has the right, pursuant to Strom & H ighw lays C ode §36651, to identify the body that thaI1 in plan ant the proposed pzogran . The 0 wners' A sucation of the V TV TB ID as defined in Struts & Highways C ode §36614 5 is the body that daall in plan ant the proposed progran . The C ity C ounHl appoints V TV to serve as the 0 wner'sAszocation for the VTVTBID . B . B /own A ctand C alifomia Public R ecordsActC om p]iance The 0 wn ' A ti-urTtion is albjsct to govemm ant regulations rebid -2g tenqoarency, nan elf the R a]ph M . Brown A ct and the C alifoma PubTh Records Act, designed to prom ote pubic amount -ability. The 0 wner's A ssocad on of a touri3n business in provan ant disb±t is aonsilered a legislative body under C alifromia's open m eeting act, the Ralph M . Brown Act overnm eat C ode §54950 et seg.) . Thus, m cctings of the V TV board must be held in corn plianee with the pubib notice and other requiren ants of the Brown Act A m ajority o f the Board m ay not hear, discuss, deliberate or take action on m atters w ithin the subject m atter jurisdiction o f the VTVTBID except at a m eeting complying with the requ irem en is o f the B row n A ct. The 0 wner's A swcation is also sabjrt to the =old king and mtntion /aquiran ents of the C alifoma Publis R eaords A cL C . AnnualR eport The VTV board dnaftpres at an annual report at the and of each year of operation to the T em ecu la CityCounc11pursianttoStrutsaidHi nwaysCode§36650. An up to dateverionof the 1994 Bushem lin proven entD i ctLag w ith allapp]>rabh an endm ants is avaibbh at http V /le afro Jegishtuiecaciov/ /odes digolayexpandedbaanch. xhtm 1. PerSebn 36650, the C iy C ouncilm ay approve the /aortas f1 orm odify itand approve it. Temecula Valley Tourism Business Improvement District Management District Plan Page 13 Revised: December 3, 2014 APPENDIX 1 -LODGING BUSINESSESTO BE ASSESSED W ITH IN THE VTVTBID 1. B estW estem W ile C ountey 2 . Embassy Soles 3. Exuded StayAm P+n 4 . Fazfl1 Inn and Suilps 5 . H an pton Inn & Suites 6. H olilay Inn Expicsc 7 . La Q uta Inn & Subs 8. M otP16 9 . Pabm arH otPl 10. Quality Inn Tan esula 11.Ran aclaInn 12 . Rancho C alifomia Inn 13.RodeiayInn 14. SpriagH I'll SuilEsbyM amott 15.Ten e laCiokInn Temecula Valley Tourism Business Improvement District Management District Plan Page 14 EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY PETITION TO THE CITY OF TEMECULA TO FORM THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to form the 1994 Act Temecula Valley Tourism Business Improvement District (the "TVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TVTBID as described in the Management District Plan Summary, attached hereto as Exhibit A, within the territory shown on the map attached hereto as Exhibit B. If the City Council forms the TVTBID described in this Petition, the City will discontinue levying assessments in the existing Temecula Valley Tourism Business Improvement District, created pursuant to the Parking and Business Area Law of 1989 and described in Chapter 3.40 of the Temecula Municipal Code, after February 28, 2015. Lodging Establishment Business Owner By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above. Owner Re a ative/[Owner Name (printed) L Title wner/Representative Signature Date 1--F The complete Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Jennifer Hennessey Finance Director City of Temecula 41000 Main Street Temecula, CA 92590 (951) 694-6444 11086-0140\1765365v2.doc -1- EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY PETITION TO THE CITY OF TEMECULA TO FORM THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to form the 1994 Act Temecula Valley Tourism Business Improvement District (the "TVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TVTBID as described in the Management District Plan Summary, attached hereto as Exhibit A, within the territory shown on the map attached hereto as Exhibit B. If the City Council forms the TVTBID described in this Petition, the City will discontinue levying assessments in the existing Temecula Valley Tourism Business Improvement District, created pursuant to the Parking and Business Area Law of 1989 and described in Chapter 3.40 of the Temecula Municipal Code, after February 28, 2015. Lodging Establishment Business Owner By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above. PcvLq et() / m c0,- , r Owner Representative/Owner Name (printed) Title I 15- Owner/Representative Signature Date The complete Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Jennifer Hennessey Finance Director City of Temecula 41000 Main Street Temecula, CA 92590 (951) 694-6444 11086-0140\1765365v2.doc -1- EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY PETITION TO THE CITY OF TEMECULA TO FORM THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to form the 1994 Act Temecula Valley Tourism Business Improvement District (the "TVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TVTBID as described in the Management District Plan Summary, attached hereto as Exhibit A, within the territory shown on the map attached hereto as Exhibit B. If the City Council forms the TVTBID described in this Petition, the City will discontinue levying assessments in the existing Temecula Valley Tourism Business Improvement District, created pursuant to the Parking and Business Area Law of 1989 and described in Chapter 3.40 of the Temecula Municipal Code, after February 28, 2015. Lodging Establishment Business Owner 6,a/705 or-- Ze,,r'T By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above. Owner Representative/Owner Name (printed) bC3 j f Title /1/ Owner/Reprsentati Signature Date The complete Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Jennifer Hennessey Finance Director City of Temecula 41000 Main Street Temecula, CA 92590 (951) 694-6444 11086-0140\1765365v2.doc -1• EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY PETITION TO THE CITY OF TEMECULA TO FORM THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to form the 1994 Act Temecula Valley Tourism Business Improvement District (the "TVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TVTBID as described in the Management District Plan Summary, attached hereto as Exhibit A, within the territory shown on the map attached hereto as Exhibit B. If the City Council forms the TVTBID described in this Petition, the City will discontinue levying assessments in the existing Temecula Valley Tourism Business Improvement District, created pursuant to the Parking and Business Area Law of 1989 and described in Chapter 3.40 of the Temecula Municipal Code, after February 28, 2015. Lodging Establishment Business Owner B P - Pu N fl 11025 C'STR t -P -Y LLL, By my signature bel• , 1 ;, fy that I am authorized to sign this Petition on behalf of the business listed above. wner Representative/Ow rfrsivA /2_ e (printed) Title 94`I Owne epresentative Sigma' re Date The complete Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Jennifer Hennessey Finance Director City of Temecula 41000 Main Street Temecula, CA 92590 (951) 694-6444 11086-0140\1765365v2.doc -1- EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY PETITION TO THE CITY OF TEMECULA TO FORM THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to form the 1994 Act Temecula Valley Tourism Business Improvement District (the "TVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TVTBID as described in the Management District Plan Summary, attached hereto as Exhibit A, within the territory shown on the map attached hereto as Exhibit B. If the City Council forms the TVTBID described in this Petition, the City will discontinue levying assessments in the existing Temecula Valley Tourism Business Improvement District, created pursuant to the Parking and Business Area Law of 1989 and described in Chapter 3.40 of the Temecula Municipal Code, after February 28, 2015. Lodging Establishment Business Owner L� \ k.1 -K -A \-i yv Re 'We V J44C:= By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above. Ovy,„1 )20,1-11 Owner Representative/Owner Name (printed) Owner/Representative Signature Title 1) 11 \\‘1 Date The complete Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Jennifer Hennessey Finance Director City of Temecula 41000 Main Street Temecula, CA 92590 (951) 694-6444 11086-0140\1765365v2.doc -1- EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY PETITION TO THE CITY OF TEMECULA TO FORM THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to form the 1994 Act Temecula Valley Tourism Business Improvement District (the "TVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TVTBID as described in the Management District Plan Summary, attached hereto as Exhibit A, within the territory shown on the map attached hereto as Exhibit B. If the City Council forms the TVTBID described in this Petition, the City will discontinue levying assessments in the existing Temecula Valley Tourism Business Improvement District, created pursuant to the Parking and Business Area Law of 1989 and described in Chapter 3.40 of the Temecula Municipal Code, after February 28, 2015. Lodging Establishment Business Owner 5 - A- i1 -rke.,(AfE)CL-rf �f Pim pTV , wc� By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above. Mid-PA,fI* T. Owner Representative/Owner Name (printed) ef0\iWa, 074A-ke:12-- Title •) nature Date Owner/Repr-seQtativ ignature The complete Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Jennifer Hennessey Finance Director City of Temecula 41000 Main Street Temecula, CA 92590 (951) 694-6444 11086-0140\1765365v2. doc -1- EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY PETITION TO THE CITY OF TEMECULA TO FORM THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to form the 1994 Act Temecula Valley Tourism Business Improvement District (the "TVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TVTBID as described in the Management District Plan Summary, attached hereto as Exhibit A, within the territory shown on the map attached hereto as Exhibit B. If the City Council forms the TVTBID described in this Petition, the City will discontinue levying assessments in the existing Temecula Valley Tourism Business Improvement District, created pursuant to the Parking and Business Area Law of 1989 and described in Chapter 3.40 of the Temecula Municipal Code, after February 28, 2015. Lodging Establishment Business Owner 5-rA\ C.A- • By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above. n Representative/swner Name (printed) Ow er/Representative ignre k.fi Title The complete Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Jennifer Hennessey Finance Director City of Temecula 41000 Main Street Temecula, CA 92590 (951) 694-6444 11086-0140\1765365v2.doc -1- EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY PETITION TO THE CITY OF TEMECULA TO FORM THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to form the 1994 Act Temecula Valley Tourism Business Improvement District (the "TVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TVTBID as described in the Management District Plan Summary, attached hereto as Exhibit A, within the territory shown on the map attached hereto as Exhibit B. If the City Council forms the TVTBID described in this Petition, the City will discontinue levying assessments in the existing Temecula Valley Tourism Business Improvement District, created pursuant to the Parking and Business Area Law of 1989 and described in Chapter 3.40 of the Temecula Municipal Code, after February 28, 2015. Lodging Establishment Business Owner PJ\�roo _ a*K.€.s By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above. Owner Representative/Owner Name (printed) Title Owner/Representative Signature Date Y The complete Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Jennifer Hennessey Finance Director City of Temecula 41000 Main Street Temecula, CA 92590 (951) 694-6444 11086-0140\1765365v2.doc -1- EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY PETITION TO THE CITY OF TEMECULA TO FORM THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to form the 1994 Act Temecula Valley Tourism Business Improvement District (the "TVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TVTBID as described in the Management District Plan Summary, attached hereto as Exhibit A, within the territory shown on the map attached hereto as Exhibit B. If the City Council forms the TVTBID described in this Petition, the City will discontinue levying assessments in the existing Temecula Valley Tourism Business Improvement District, created pursuant to the Parking and Business Area Law of 1989 and described in Chapter 3.40 of the Temecula Municipal Code, after February 28, 2015. Lodging Establishment Business Owner ?A1 -01 -1A -t2 s� ��- rtif3 u2 [IC By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above. CLC4 Owner : -piresetative e (printed) prese' " tive ignature Lit 6P --- Title Date The complete Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Jennifer Hennessey Finance Director City of Temecula 41000 Main Street Temecula, CA 92590 (951) 694-6444 11086-0140\1765365v2.doc -1 EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY PETITION TO THE CITY OF TEMECULA TO FORM THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to form the 1994 Act Temecula Valley Tourism Business Improvement District (the "TVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TVTBID as described in the Management District Plan Summary, attached hereto as Exhibit A, within the territory shown on the map attached hereto as Exhibit B. If the City Council forms the TVTBID described in this Petition, the City will discontinue levying assessments in the existing Temecula Valley Tourism Business Improvement District, created pursuant to the Parking and Business Area Law of 1989 and described in Chapter 3.40 of the Temecula Municipal Code, after February 28, 2015. Lodging Establishment Business Owner By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above. xbliti 1-rride G'i / oast A Owner Representative/Owner Name (printed) Title Owner/Representative Signature Date The complete Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Jennifer Hennessey Finance Director City of Temecula 41000 Main Street Temecula, CA 92590 (951) 694-6444 11086-0140\ 17 653 65v2. d o c -1- EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY PETITION TO THE CITY OF TEMECULA TO FORM THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to form the 1994 Act Temecula Valley Tourism Business Improvement District (the "TVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TVTBID as described in the Management District Plan Summary, attached hereto as Exhibit A, within the territory shown on the map attached hereto as Exhibit B. If the City Council forms the TVTBID described in this Petition, the City will discontinue levying assessments in the existing Temecula Valley Tourism Business Improvement District, created pursuant to the Parking and Business Area Law of 1989 and described in Chapter 3.40 of the Temecula Municipal Code, after February 28, 2015. Lodging Establishment Business Owner 0-,k -�� L 42A c (Z-63 Cs—r By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above. Owner Representative/Owner Name (printed) Title Owner/Representative Signature ill 151 Date The complete Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Jennifer Hennessey Finance Director City of Temecula 41000 Main Street Temecula, CA 92590 (951) 694-6444 11086-0140\ 17653 65v 2. d o c -1- EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY PETITION TO THE CITY OF TEMECULA TO FORM THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to form the 1994 Act Temecula Valley Tourism Business Improvement District (the "TVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TVTBID as described in the Management District Plan Summary, attached hereto as Exhibit A, within the territory shown on the map attached hereto as Exhibit B. If the City Council forms the TVTBID described in this Petition, the City will discontinue levying assessments in the existing Temecula Valley Tourism Business Improvement District, created pursuant to the Parking and Business Area Law of 1989 and described in Chapter 3.40 of the Temecula Municipal Code, after February 28, 2015. Lodging Establishment Business Owner its G4,4-4 C Far¢ CJ CA, At, C. By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above. r� joe'i 77 / Owner Representative/Owner Name (printed) Ce.3e4.4L /1.va,01-G14., Title / •)...67/ Owner/Representative Signature Date The complete Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Jennifer Hennessey Finance Director City of Temecula 41000 Main Street Temecula, CA 92590 (951) 694-6444 11086-0140\1765365v2.doc -1- EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY PETITION TO THE CITY OF TEMECULA TO FORM THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to form the 1994 Act Temecula Valley Tourism Business Improvement District (the "TVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TVTBID as described in the Management District Plan Summary, attached hereto as Exhibit A, within the territory shown on the map attached hereto as Exhibit B. If the City Council forms the TVTBID described in this Petition, the City will discontinue levying assessments in the existing Temecula Valley Tourism Business Improvement District, created pursuant to the Parking and Business Area Law of 1989 and described in Chapter 3.40 of the Temecula Municipal Code, after February 28, 2015. Lodging Establishment Business Owner } a(l.of_!o 1 { -\-.1 By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above. MO( anrr— /Owner Name (printed) Owner/ epresen -tive i nature Title \\c2 -Ci Dat The complete Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Jennifer Hennessey Finance Director City of Temecula 41000 Main Street Temecula, CA 92590 (951) 694-6444 11086-0140\1765365v2.doc -1- EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY PETITION TO THE CITY OF TEMECULA TO FORM THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to form the 1994 Act Temecula Valley Tourism Business Improvement District (the "TVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TVTBID as described in the Management District Plan Summary, attached hereto as Exhibit A, within the territory shown on the map attached hereto as Exhibit B. If the City Council forms the TVTBID described in this Petition, the City will discontinue levying assessments in the existing Temecula Valley Tourism Business Improvement District, created pursuant to the Parking and Business Area Law of 1989 and described in Chapter 3.40 of the Temecula Municipal Code, after February 28, 2015. Lodging Establishment Business Owner A;b-A, �-1.�t�i fiTahSct ngg0 oLv-rowrJ,6eoWT S�i�c-cam By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above. M,kE Llefb (km/atom-EA Owner Representative/Owner Name (printed) Title Owner/Representative Signa ure /1-2/- Date The complete Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Pian should be made to: Jennifer Hennessey Finance Director City of Temecula 41000 Main Street Temecula, CA 92590 (951) 694-6444 11086-0140\1765365v2.doc -1- EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY PETITION TO THE CITY OF TEMECULA TO FORM THE 1994 ACT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT We petition you to initiate special assessment proceedings to form the 1994 Act Temecula Valley Tourism Business Improvement District (the "TVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TVTBID as described in the Management District Plan Summary, attached hereto as Exhibit A, within the territory shown on the map attached hereto as Exhibit B. If the City Council forms the TVTBID described in this Petition, the City will discontinue levying assessments in the existing Temecula Valley Tourism Business Improvement District, created pursuant to the Parking and Business Area Law of 1989 and described in Chapter 3.40 of the Temecula Municipal Code, after February 28, 2015. Lodging Establishment Business Owner y(g2,'�a /u�/7' By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above. .17.,,E Owner Representative/Owner Name (printed) Title p sentative Signature Date The complete Management District Plan will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to: Jennifer Hennessey Finance Director City of Temecula 41000 Main Street Temecula, CA 92590 (951) 694-6444 11086-0140\1765365v2.doc -1- EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY Location: The exterior boundaries of the proposed TVTBID are the boundaries of the City of Temecula, and include all existing and future lodging businesses therein, being hotels, motels, and bed and breakfasts as defined in Temecula Municipal Code Section 3.20.040. There are no benefit zones within the proposed TVTBID. Services: For each year of the five years of operation of the proposed TVTBID, the revenue derived from the levy of assessments within the TVTBID will be used for marketing and promotions to increase tourism and market the Temecula Valley area as a tourist destination that specially benefits the lodging businesses located and operating within the boundaries of the TVTBID. A portion of the assessments each year will be used to pay for administrative expenses of the City. Budget: The total TVTBID annual budget for the initial year of its five-year term is estimated to be $1,402,736.00. This budget is expected to fluctuate over the remaining four years of the five-year term of the proposed TVTBID in accordance with occupancy rates and rents charged by the operators of the lodging businesses within the TVTBID, but the budget is not anticipated to be significantly different each year. Assessment: The annual assessment to be levied each year for the five year term of the proposed TVTBID on each lodging business within the proposed TVTBID is four percent (4%) of the rent charged by the operator per occupied room per night. Extended stays, defined as more than 30 consecutive calendar days and those exempt persons as defined in Temecula Municipal Code Section 3.20.040, will be exempt from the levy of assessments. New lodging businesses established in the TVTBID after the beginning of any fiscal year will not be exempt from the levy of assessment for that fiscal year. Formation: The City Council may initiate proceedings to form the TVTBID upon the submission of a petition signed by owners of lodging businesses who will pay more than 50% of the assessments proposed to be leived. Individual documents from each business containing the required information for the Petition shall be collectively be considered the "petition" for the purposes of forming the TVTBID. The City Council must hold a noticed public meeting and a subsequent public hearing on the proposed TVTBID. If written protests are received by the City from the owners or authorized representatives of lodging businesses in the proposed TVTBID that will pay 50% or more of the assessments proposed to be levied, the City Council may not take any further proceedings to levy the proposed assessment against such businesses for a period of one year from the date of the finding of the majority protest. Duration: The proposed assessments may be levied for up to five years, beginning with fiscal year 2015-16 (March 1, 2015 through February 29, 2016). Once per year beginning on the anniversary of the formation of the TVTBID there will be a 30 -day period in which 11086-0140\1765365v2.doc -2- EXHIBIT A MANAGEMENT DISTRICT PLAN SUMMARY owners paying more than 50% of the assessments may petition the City Council to terminate the TVTBID. Collection: The assessments will be collected in monthly installments or such other installments as determined by resolution of the City Council. Management: The Temecula Convention & Visitors Bureau, a nonprofit corporation, will be responsible for managing funds and implementing the activities specified in the Management District Plan. 11086-0140\1765365v2,doc -3- EXHIBIT B MAP OF PROPOSED BOUNDARIES CLIANrjkri LP galflP OA ' d Galva ' PenMeld © !� Tri (A l d :OW '4 VI ti4 r^.14\ �` E.rlark7dd' Star ',mark,' Mu1'day Inn awn.. r� �1 &e r LYesletn. Country kin 1, `.i r�lr4. LOP -- nos, 07.4 04. f!3Sfol 'I rrE ilCas r Imi 14ancty CaNcmlaIMP ©mows 04. MY Savo.: Embassy 511 sons parmar Haw &sea ay Inn CUANIF ivy Ramada I LE J4 2 A 4,401() 41G hA FAlIiJ,� #� 'ty ti'Ats;04y 4icnirruce, rx 11086-0140\1765365v2.doc Item No. 8 TO: FROM: DATE: SUBJECT: Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT City Manager/City Council Thomas W. Garcia, Director of Public Works/City Engineer December 9, 2014 Approve the Landscape Maintenance Agreement with Caltrans for the Interstate 15 / State Route 79 South Ultimate Interchange, PW04-08 PREPARED BY: RECOMMENDATION: Amer Attar, Principal Engineer Avlin R. Odviar, Senior Engineer — CIP That the City Council adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A LANDSCAPE MAINTENANCE AGREEMENT BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) AND THE CITY OF TEMECULA FOR THE INTERSTATE 15 / STATE ROUTE 79 SOUTH INTERCHANGE PROJECT BACKGROUND: The Interstate 15 / State Route 79 South Ultimate Interchange project proposes freeway, interchange, and local arterial improvements designed to improve operational deficiencies and accommodate anticipated local and regional traffic increases. The project also includes landscaping and irrigation system improvements to compliment the roadway elements. As part of the project, Caltrans requires that the construction contract include a one year plant establishment period during which time the construction contractor is responsible for maintaining the landscaping and irrigation system. Caltrans also requires that the City maintains the landscaping and irrigation system for a period of three years following completion of the construction and the plant establishment period. The proposed Landscape Maintenance Agreement establishes the general conditions, methods, and procedures, including the responsibilities of each agency, for the maintenance of the Project landscaping and irrigation system during the three-year maintenance period. In summary, the City will be responsible for providing maintenance of the landscaping and irrigation system within the interchange area, either by contractor or its own forces, while Caltrans provides quality assurance through site inspection. Each agency will provide staffing and resources for its respective responsibilities. FISCAL IMPACT: There is no cost associated with the approval of the Landscape Maintenance Agreement. ATTACHMENTS: 1. Landscape Maintenance Agreement 2. Resolution 3. Project Description 4. Project Location , 20 EA 432301 / PN 080000668 District Agreement 08 - LANDSCAPE MAINTENANCE AGREEMENT WITHIN STATE HIGHWAY RIGHT OF WAY ON ROUTE 15 WITHIN THE CITY OF TEMECULA THIS AGREEMENT is made effective this day of , 20_, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the City of Temecula; hereinafter referred to as "CITY" and collectively referred to as "PARTIES". SECTION I RECITALS 1. PARTIES desire to work together to allocate their respective obligations relative to newly constructed or revised improvements within STATE's right of way by Cooperative Agreement(s) number 08-1515 dated March 1, 2012. 2. This Agreement addresses CITY responsibility for the planting, mulches, hydroseeding, irrigation systems, hardscaping (rock blanket), and litter and weed removal (collectively the "LANDSCAPING") placed within State Highway right of way on State Route 15, as shown on Exhibit "A", attached to and made a part of this Agreement. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION II AGREEMENT 3. In consideration of the mutual covenants and promises herein contained, CITY and STATE agree as follows: 3.1. PARTIES have agreed to an allocation of maintenance responsibilities that includes, but is not limited to, inspection, providing emergency repair, replacement, and maintenance, (collectively hereinafter "MAINTAIN/MAINTENANCE") of LANDSCAPING as shown on said Exhibit "A." 3.2. When a planned future improvement is constructed and/or a minor revision has been effected with STATE' s consent or initiation within the limits of the STATE' s right of way herein described which affects PARTIES' Division of Maintenance's responsibility as described herein, PARTIES will agree upon and execute a new dated and revised Exhibit "A" which will be made a part hereof and will thereafter supersede the attached original Exhibit "A" to thereafter become a part of this Agreement. The new exhibit can be executed only upon written consent of the 1 , 20 EA 432301 / PN 080000668 District Agreement 08 - PARTIES hereto acting by and through their authorized representatives. No formal amendment to this Agreement will be required. 4. CITY agrees, at CITY expense, to do the following: 4.1. CITY may install, or enter into a contract authorizing a licensed contractor with appropriate class of license in the State of California to install, and thereafter will MAINTAIN (Section 27 of the Streets and Highways Code) LANDSCAPING conforming to those plans and specifications (PS&E) pre -approved by STATE. 4.2. CITY will submit the final form of the PS&E, prepared, stamped and signed by a licensed landscape architect, for LANDSCAPING to STATE's District Permit Engineer for review and approval and will obtain and have in place a valid necessary encroachment permit prior to the start of any work within STATE'S right of way. All proposed LANDSCAPING must meet STATE's applicable standards. 4.3. CITY shall ensure that LANDSCAPED areas designated on Exhibit "A" are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance. 4.4. CITY understands the STATE may require an Encroachment Permit rider may be required for any changes to the scope of work allowed by this Agreement prior to the start of any work within STATE's right of way. 4.5. CITY contractors will be required to obtain an Encroachment Permit prior to the start of any work within STATE's right of way. 4.6. CITY will furnish water and fertilizer necessary to sustain healthy plant growth during the entire life of this Agreement. 4.7. CITY will replace unhealthy or dead plantings when observed by CITY or within thirty (30) days of receiving notification in writing by STATE that plant replacement is required. 4.8. CITY will prune shrubs, tree plantings, and trees planted by the CITY under this Agreement to control extraneous growth and ensure STATE standard lines of sight to signs and corner sight distances are always maintained for the safety of the public. 4.9. CITY will MAINTAIN, repair and operate the irrigation systems in connection with the LANDSCAPED areas designated on Exhibit "A" in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel. 2 , 20 EA 432301 / PN 080000668 District Agreement 08- 4.10. CITY will control weeds in the LANDSCAPED areas designated on Exhibit "A" at a level acceptable to the STATE. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (Form LA17) to the STATE to: District Maintenance at 464 W. 4th St., San Bernardino, CA 92401. 4.11. CITY will remove LANDSCAPING and appurtenances and restore STATE owned areas to a safe and attractive condition acceptable to STATE in the event this Agreement is terminated as set forth herein. 4.12. CITY will inspect LANDSCAPING on a regular basis to ensure the safe operation and condition of the LANDSCAPING. 4.13. CITY will expeditiously MAINTAIN, replace, repair or remove from service any LANDSCAPING system component that has become unsafe or unsightly. 4.14. CITY will allow random inspection of LANDSCAPING by a STATE representative. 4.15. CITY will keep the LANDSCAPING areas designated on Exhibit "A" free of litter and deleterious material. 4.16. CITY agrees that all work done by or on behalf of CITY pursuant to this Agreement will be done at no cost to STATE. 5. STATE agrees to do the following: 5.1. STATE may provide CITY with timely written notice of unsatisfactory conditions that require correction by the CITY. However, the non -receipt of notice does not excuse CITY from maintenance responsibilities assumed under this Agreement. 5.2. STATE will issue encroachment permits to CITY and CITY contractors at no cost to them. 6. LEGAL RELATIONS AND RESPONSIBILITIES: 6.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third PARTIES not PARTIES to this Agreement, or affect the legal liability of either PARTY to this Agreement by imposing any standard of care respecting the design, construction and maintenance of these STATE highway improvements or CITY facilities different from the standard of care imposed by law. 3 , 20 EA 432301 / PN 080000668 District Agreement 08- 6.2. If during the term of this Agreement, CITY should cease to MAINTAIN the LANDSCAPING to the satisfaction of STATE as provided by this Agreement, STATE may either undertake to perform that MAINTENANCE on behalf of CITY at CITY's expense or direct CITY to remove or itself remove LANDSCAPING at CITY's sole expense and restore STATE's right of way to its prior or a safe operable condition. CITY hereby agrees to pay said STATE expenses, within thirty (30) days of receipt of billing by STATE. However, prior to STATE performing any MAINTENANCE or removing LANDSCAPING, STATE will provide written notice to CITY to cure the default and CITY will have thirty (30) days within which to affect that cure. 6.3. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement with the exception of those actions of STATE necessary to cure a noticed default on the part of CITY. 6.4. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 7. PREVAILING WAGES: 7.1. Labor Code Compliance — If the work performed on this Project is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY's own forces is exempt from the Labor Code's Prevailing Wage requirements. 4 , 20 EA 432301 / PN 080000668 District Agreement 08- 7.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is a "public work" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts. 8. INSURANCE — CITY and its contractors shall maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement. 9. TERMINATION — This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY's failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE. 10. TERM OF AGREEMENT — This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect for three (3) years after Construction Contract Acceptance (CCA) of EA 43230, or until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause. PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement. IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written. [SIGNATURES ON NEXT PAGE] 5 20 EA 432301 / PN 080000668 District Agreement 08 - CITY OF TEMECULA, STATE OF CALIFORNIA a municipal corporation DEPARTMENT OF TRANSPORTATION By: MALCOLM DOUGHERTY Maryann Edwards, Mayor Director of Transportation ATTEST: By: By: Randi Johl-Olson, JD, MMC Deputy District Director City Clerk Maintenance District Approved as to Form: As to Form and Procedure: By: By: Peter M. Thorson, City Attorney Legal Attorney Department of Transportation 6 LEGEND: LANDSCAPED AREA TO BE MAINTAINED BY THE CITY R/W ROUTE 15 AND ROUTE 79 EA 08-432304 / PN 0800000668 • FRONS SjREEj , END LANDSCAPE IMPROVEMENTS STA 219+00 PM 4.1 R/W R/W R/W BEGIN LANDSCAPE IMPROVEMENTS STA 161+00 PM 3.0 R/W FFT eFOF�'QO \ `. C.045;1 R/W R/W ,`` /' SCALE: 1" = 350' EXHIBIT A LANDSCAPE MAINTENANCE AGREEMENT RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A LANDSCAPE MAINTENANCE AGREEMENT BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) AND THE CITY OF TEMECULA FOR THE INTERSTATE 15 / STATE ROUTE 79 SOUTH INTERCHANGE PROJECT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. The City Council hereby finds, determines, and declares that: A. The Interstate 15 / State Route 79 South Interchange Project (Project) includes proposed freeway improvements to Interstate 15 and State Route 79 South. B. In California, the design, construction, and maintenance of freeway improvements is performed or overseen by Caltrans. C. Caltrans and City have entered into a Design Cooperative Agreement (District Agreement No. 08-1249, City Agreement No. 04-303) which establishes the City as the responsible party for performing preliminary and design engineering while Caltrans is responsible for providing oversight and quality assurance. D. Caltrans and City have entered into a Construction Cooperative Agreement (District Agreement No. 08-1515, City Agreement 12-025) which establishes the City as the responsible party for performing the construction contract advertisement, award, and administration while Caltrans is responsible for providing oversight and independent quality assurance. E. As part of the Project, Caltrans requires that the construction contract include a one year plant establishment period during which time the contractor shall maintain the landscaping and irrigation system within the State right of way. F. As part of the Project, Caltrans requires that the City provide maintenance of the landscaping and irrigation system within State right of way for a period of three years following completion of construction and the plant establishment period. G. The proposed Landscape Maintenance Agreement within State Highway Right of Way on Route 15 within the City of Temecula (Landscape Maintenance Agreement) establishes the general conditions, methods, and procedures, including the responsibilities of each agency, for the maintenance of the Project landscaping and irrigation system during the three year maintenance period. Section 2. Approval of Landscape Maintenance Agreement. Based on the findings set forth in this Resolution, the City Council hereby approves the Landscape Maintenance Agreement between the State of California, acting through its Department of Transportation, and the City of Temecula, and authorizes the Mayor to execute said Agreement. Section 3. Certification. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of December, 2014. Maryann Edwards, Mayor ATTEST: Randi Johl-Olson, JD, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl-Olson, JD, MMC, 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 9th day of December, 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Randi Johl-Olson, JD, MMC City Clerk 2015-16 $ 6,120 2017-18 $ 6,367 Capital Improvement Program Fiscal Years 2015-19 INTERSTATE -15 / STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE Circulation Project Project Description: This project includes right-of-way acquisition, design, and construction of a ramp system that will improve access to Interstate 15 from Temecula Parkway/State Route 79 South. The interchange will accommodate traffic generated by future development of the City's General Plan land use as well as regional traffic volume increases forecasted for the year 2037. This project is crucial, as the projected traffic volume increases currently exceed the capacity of the existing interchange improvements constructed by the Riverside County Transportation Department. Benefit / Core Value: This project will improve circulation, freeway access, and level of service at the Interstate 15 and Temecula Parkway / State Route 79 South intersection. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: The plans, specifications, and estimates package are currently being prepared for review by California Department of Transportation (Caltrans). Acquisition was completed during FY 2013-14. Construction is scheduled to start during FY 2014-15. Project Cost: Prior Years Actual Expenditures FYE 2014 Carryover Budget 2014-15 Adopted Appropriation 2015-16 Projected 2016-17 Projected 2017-18 2018-19 Total Project Projected Projected Cost Administration Acquisition $ 505,544 $13,031,881 $ 63,988 $ 187,260 $ 70,000 $ 104,000 $ 104,000 $ 847,532 $13,219,141 Construction $ 104,088 $14,141,244 $11,612,202 $2,508,311 $28,365,845 Construction $ 9,636,722 $ 612,761 $ 1,014,000 $ 3,236,503 $ 14,499,986 Engineering $ 1,750,000 $ 1,750,000 $ 3,500,000 Design $ 3,540,002 $ 361,513 $ 191,000 $ 4,092,515 MSHCP $ 753,000 $ 7,158,741 S 5,817,359 $ 753,000 Totals $17,181,515 $ 612,761 $ 1,014,000 $15,995,244 $13,466,202 $2,508,311 $ - $50,778,033 Source of Funds: Prior Years Actual Expenditures FYE 2014 Carryover Budget 2014-15 Adopted Appropriation 2015-16 Projected 2016-17 Projected 2017-18 2018-19 Total Project Projected Projected Cost CFD (Crowne Hill) Rei mbursement/ Other (Morgan Hill) $ 502,211 $ 1,190,582 $ 502,211 $ 1,190,582 SAFETEA-LU $ 1,600,000 $ 1,600,000 Senate Bill 621 $ 9,636,722 $ 612,761 $ 1,014,000 $ 3,236,503 $ 14,499,986 STP (Surface Transportation Program -ROTC) "' $ 7,158,741 S 5,817,359 $ 12,976,100 TUMF (ROTC/CETAPP) $ 4,452,000 $ 4,452,000 TUMF (RCTC/Region) $ 1,400,000 $ 4,000,000 $ 5,400,000 TUMF (wRCOGY4) $ 7,648,843 $2,508,311 $ 10,157,154 Total Funding: $17,181,515 $ 612,761 $ 1,014,000 $15,995,244 $13,466,202 $2,508,311 $ - $50,778,033 Future Operation & Maintenance Costs: 2014-15 2016-17 $ 6,242 2018-19 $ 6,495 (1) Surface Transportation Program(STP) per RCTC call for Projects as approved by the Commission on January 8, 2014($12,976,100.) (2) TUMF (RCTC/Region) - Funding is pursuant to RCTC Agreement No. 06-72-506 ($4,452,000) (3) TUMF (RCTC/CETAP) - Funding is pursuant to RCTC Agreement No. 11-72-041-00 ($5,400,000;$1,400,000 ROW;$4,000,000 CON). (4)TUMF WRCOG 2014 Southwest Zone 5 -Year Transportation Improvement Program (TIP) adopted on January 6, 2014 ($10,157,154). 54 INTERSTATE -15 / HIGHWAY 79 SOUTH ULTIMATE INTERCHANGE Circulation Project Location Aerial Data - March 2010 Feet 0 262.5 525 1,050 53 Item No. 9 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: December 9, 2014 SUBJECT: Award a Construction Contract to All American Asphalt for the Pavement Rehabilitation Program — Rancho California Road (Jefferson Avenue to Ynez Road), PW10-12 PREPARED BY: David McBride, Senior Engineer Chris White, Assistant Engineer RECOMMENDATION: That the City Council: 1. Award a Construction Contract to All American Asphalt, in the amount of $729,000, for the Pavement Rehabilitation Program — Rancho California Road (Jefferson Avenue to Ynez Road), PW10-12; 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $72,900, which is equal to 10% of the contract amount; 3. Make a finding that the Pavement Rehabilitation Program — Rancho California Road (Jefferson Avenue to Ynez Road) is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: This project proposes to rehabilitate the pavement on Rancho California Road between Ynez Road and Jefferson Avenue / Old Town Front Street, both within the City limits and within Caltrans right of way. On November 18, 2014, three bids were electronically opened and publicly posted on the City's on-line bidding service, PlanetBids. The results were as follows: 1. All American Asphalt $ 729,000 2. RJ Noble Company $ 894,600 3. Hardy and Harper, Inc. $1,010,000 Staff has reviewed the bid proposals and found All American Asphalt to be the lowest responsible bidder. All American Asphalt has extensive public contracting experience and has completed numerous similar projects for the City and other agencies. The Engineer's Construction Estimate for the project is $750,000. The specifications allow for a schedule of thirty working days, which is an approximate duration of six weeks. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008, the RCA required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within ninety days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. The Pavement Rehabilitation Program — Rancho California Road Project (Jefferson Avenue to Ynez Road) involves reconstruction of an existing roadway, entirely within the original road width, therefore, there is no new disturbed area subject to the 5% MSHCP fees, and the project is thus exempt. FISCAL IMPACT: The Pavement Rehabilitation Program — Citywide is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2015-19, with funding from Measure A and Capital Projects Reserves. Adequate funds are available in the project account for the contract amount of $729,000 and the 10% contingency of $72,900 for a total encumbrance of $801,900. ATTACHMENTS: 1. Contract 2. Project Description 3. Project Location CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT for PAVEMENT REHABILITATION PROGRAM — RANCHO CALIFORNIA ROAD (JEFFERSON AVENUE TO YNEZ ROAD) PROJECT NO. PW10-12 THIS CONTRACT, made and entered into the 9th day of December, 2014, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", and All American Asphalt, hereinafter referred to as "Contractor." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PAVEMENT REHABILITATION PROGRAM — RANCHO CALIFORNIA ROAD (JEFFERSON AVENUE TO YNEZ ROAD), PROJECT NO. PW10-12, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc. (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PAVEMENT REHABILITATION PROGRAM — RANCHO CALIFORNIA ROAD (JEFFERSON AVENUE TO YNEZ ROAD), PROJECT NO. PW10-12. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PAVEMENT REHABILITATION PROGRAM — RANCHO CALIFORNIA ROAD (JEFFERSON AVENUE TO YNEZ ROAD), PROJECT NO. PW10-12. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. 1 Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. Contractor shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PAVEMENT REHABILITATION PROGRAM — RANCHO CALIFORNIA ROAD (JEFFERSON AVENUE TO YNEZ ROAD) PROJECT NO. PW10-12 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by City. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of City or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The City agrees to pay, and Contractor agrees to accept, in full payment for, the work agreed to be done, the sum of: SEVEN HUNDRED TWENTY NINE THOUSAND DOLLARS ($729,000), the total amount of the base bid. Contractor agrees to complete the work in a period not to exceed thirty (30) working days, commencing with delivery of a Notice to Proceed by City. Construction shall not commence until bonds and insurance are approved by City. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the Contractor shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the CONTRACTOR's payment requests. 2 B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within 30 days after submission of a payment request to the City, the Contractor shall be paid a sum equal to 95 percent of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the 30th day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made 60 days after acceptance of final payment and the Contractor filing a one-year Warranty and an Affidavit of Final Release with the City on forms provided by the City. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50 percent complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of $1,000 per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor. Contractor will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the Contractor including delays caused by City. Within ten calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within 30 calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to City, in writing, all claims for compensation as to work related to the payment. Unless the Contractor has disputed the amount of the payment, the acceptance by Contractor of each payment shall constitute a release of all claims against the City related to the payment. Contractor shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the 3 Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify, hold harmless and defend City of Temecula, Temecula Community Services District, and/or Successor Agency to the Temecula Redevelopment Agency, its officers, employees, and agents, against any and all liability, injuries, or death of persons (Contractor's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the City. The Contractor shall indemnify and be responsible for reimbursing the City for any and all costs incurred by the City as a result of Stop Notices filed against the project. The City shall deduct such costs from Progress Payments or final payments due to the Contractor. 12. GRATUITIES. Contractor warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to City's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. Contractor warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the City who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. Contractor further warrants that no person in its employ nor any person with an ownership interest in the Contractor has been employed by the City within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, Contractor shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 4 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City. 16. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 17. INSPECTION. The work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 5 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the Contractor as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing and Delivery Address: Thomas W. Garcia, P.E. Director of Public Works/City Engineer City of Temecula 41000 Main Street Temecula, CA 92590 6 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR: All American Asphalt P.O. Box 2229 Corona, CA 92878 (951) 736-7600 By: Robert Bradley, Vice President (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA ATTEST: Randi Johl-Olson, JD, MMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney By: Maryann Edwards, Mayor 7 Acting PM Initials: Date: Capital improvement Program Fiscal Years 2015-19 PAVEMENT REHABILITATION PROGRAM—CITYWIDE Circulation Project Project Description: This project includes the environmental processing, design, construction of pavement rehabilitation, and reconstruction of major streets as recommended in the Pavement Management System. Benefit / Core Value: This project improves pavement conditions so that the transportation needs of the public, business industry, and government can be met. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: A priority list of rehabilitation projects has been developed. Installations are completed on an ongoing basis. Department: Public Works—Account No. 210.165.655 Level: I Project Cost: Prior Years FYE 2014 2014-15 Actual Carryover Adopted 2015-16 Expenditures Budget Appropriation Projected 2016-17 Projected 2017-18 Projected 2018-19 Total Project Projected Cost Administration $ 1,267,194 $ 25,770 $ 50,000 $ 160,000 $ 160,000 $ 160,000 $ 160,000 $ 1,982,964 Construction $ 10,768,967 $ 4,108,262 $ 678,323 $4,260,000 $ 3,199,265 $4,260,000 $4,260,000 $31,534,817 Construction $ 12.756,550 $4,386,590 $ 878,323 84,800,000 83.739.265 $4,800,000 $4 800,000 $36,160,728 Engineering $ 122,165 $ 218.594 $ 60,000 $ 150,000 $ 150,000 $ 150,000 $ 150,000 $ 1,000,759 Design $ 598,224 $ 33,964 $ 90,000 $ 230,000 $ 230,000 $ 230,000 $ 230,000 $ 1,642,188 Totals $ 12,756,550 $4,386,590 $ 878.323 84.800,000 $3,739,265 $4.800.0001 $4.800.000, $36.160,728 Source of Funds: Prior Years FYE 2014 2014-15 Actual Carryover Adopted 2015-16 Exuendltures Bud et Ar7proprlation Projected 2016-17 Projected 2017-18 Projected 2018-19 Total Project Projected Cost Capital Project Reserves $ 3,650,585 $ 1,832,938 $3,509,685 $3,739,265 $3,403,100 $3,346,659 $19,482,232 MeasureA $ 9,105,965 $2,553,652 $ 878,323 $1,290,315 $1,396,900 $1,453,341 $16,678,496 Total Fundin : $ 12.756,550 $4,386,590 $ 878,323 84,800,000 83.739.265 $4,800,000 $4 800,000 $36,160,728 Future Operation & Maintenance Costs: 2014-15 2015-16 2016-17 2017-18 2018-19 *Project cannot be constructed until a funding source is identified. 69 THE CITYOr TEMECULA Project Location- Rancho California Road 10,4 tt \ \ .4* lif 11•0 _ `rr�� 410 1 9- ice! ��.t.,Legend Iii. 1* 111141\1001 11:111k 4:) t1® 0 City Streets 0 Parcels 10°' s .00 '��s„„:. litr0t, WI rt, -i 7a O.i. Vr i \ AIL . ,°te , , 0 A .4- 4. 6.,.G X76 il o- /01111 Wes O 111111FELANiLLl@R �u ,� Illr 4 . _AU 4 r4 m ct 0 .11.1111 M0 RG° c�# 0111 IMOVP 0 ..e# II- , Willi 0 0 700 1400 2100 ft. N Scale: 1:7,389 • Map center: 6286757, 2126915 This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. Item No. 10 Approvals City Attorney Finance Director City Manager Mr - CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas W. Garcia, Director of Public Works/City Engineer DATE: December 9, 2014 SUBJECT: Award a Construction Contract to California Averland Construction, Inc. for the Old Town Temecula Community Theater Remediation, PW12-04 PREPARED BY: Amer Attar, Principal Engineer David McBride, Senior Engineer RECOMMENDATION: That the City Council: 1. Award a Construction Contract to California Averland Construction, Inc., in the amount of $2,349,000, for the Old Town Temecula Community Theater Remediation, PW12-04; 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $469,800, which is equal to 20% of the contract amount; 3. Make a finding that the Theater Remediation is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: On November 18, 2014, the City Council rejected all five bids received on the project under the "multiple prime bid" format and authorized staff to contact qualified general contractors and negotiate a contract for the project, as authorized under Public Contract Code Section 22038, subsection (c). The action was due to the fact that the City received no bids from general contractors and five bids of twenty eight bid divisions under the multiple prime bid format. Since that time, staff met with potential general and/or subcontractors and negotiated a specific construction contract with California Averland Construction, Inc. (Cal Averland) that will meet the City's needs. The total negotiated construction cost of the project is $2,349,000 which is very reasonable relative to bids received in May of 2013 (ranges between $2,595,000 and $3,068,000). Furthermore, the original schedule of the work and other contract provisions are not being altered. Staff has also done extensive research on Cal Averland and they have a good reputation for completing difficult renovation projects with challenging deadlines. Due to the nature of the work, possible remediation of unknown subsurface damages, staff is requesting a twenty percent (20%) construction contingency. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008, the RCA required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within ninety days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. The Theater Remediation Project involves remediation of damages to existing structures on fully developed land, therefore the project is exempt. FISCAL IMPACT: The Theater Remediation project is identified in the City's Fiscal Years 2015-19 Capital Improvement Program Budget, and is funded with Capital Project Reserves (litigation settlement funds) and Development Impact Fees (DIF), Police Facilities. Sufficient funds are available in the project accounts for the contract amount of $2,349,000, and the 20% contingency of $469,800, for a total encumbrance of $2,818,800. ATTACHMENTS: 1. Contract 2. Project Description 3. Project Location CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT for OLD TOWN TEMECULA COMMUNITY THEATER REMEDIATION PROJECT NO. PW12-04 THIS CONTRACT, made and entered into the 9th day of December, 2014 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and California Averland Construction, Inc., hereinafter referred to as "Contractor." WITNESSETH: That City and Contractor, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled OLD TOWN COMMUNIYT THEATER REMEDIATION, PROJECT NO. PW12-04, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc. (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for OLD TOWN TEMECULA COMMUNITY THEATER REMEDIATION, PROJECT NO. PW12-04. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for OLD TOWN TEMECULA COMMUNIYT THEATER REMEDIATION, PROJECT NO. PW12-04. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. Contractor shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: OLD TOWN TEMECULA COMMUNITY THEATER REMEDIATION, PROJECT NO. PW12-04 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by City. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The City agrees to pay, and Contractor agrees to accept, in full payment for, the work agreed to be done, the sum of: TWO MILLION THREE HUNDRED AND FORTY NINE THOUSAND DOLLARS ($ 2,349,000), the total amount of the base bid. Contractor agrees to complete the work in the period between March 2, 2015 and August 31, 2015, commencing with delivery of a Notice to Proceed by City. Construction shall not commence until bonds and insurance are approved by City. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. PAYMENTS A. Lump Sum Bid Schedule: Before submittal of the first payment request, the Contractor shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the Contractor's payment requests. B. Unit Price Bid Schedule: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the City, the Contractor shall be paid a sum equal to 95 percent of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the Contractor filing a one-year Warranty and an Affidavit of Final Release with the City on forms provided by the City. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of $10,000 per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor. Contractor will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the Contractor including delays caused by City. Within ten (10) calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within Thirty (30) calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, Contractor shall submit to City, in writing, all claims for compensation as to work related to the payment. Unless the Contractor has disputed the amount of the payment, the acceptance by Contractor of each payment shall constitute a release of all claims against the City related to the payment. Contractor shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet Web Site at http://www.dir.ca.gov. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify, hold harmless and defend the City of Temecula, Temecula Community Services District, and/or successor Agency to the Temecula Redevelopment Agency, its officers, employees, and agents, against any and all liability, injuries, or death of persons (Contractor's employees included), and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the City. The Contractor shall indemnify and be responsible for reimbursing the City for any and all costs incurred by the City as a result of Stop Notices filed against the project. The City shall deduct such costs from progress payments or final payments due to the Contractor. The Contractor shall defend and indemnify (including the appointment of competent defense counsel) the City from any claims, demands, legal proceedings, writs of mandate, and the like, initiated by any third parties challenging the award of this Contract to the Contractor. 12. GRATUITIES. Contractor warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to City's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. Contractor warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the City who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. Contractor further warrants that no person in its employ nor any person with an ownership interest in the Contractor has been employed by the City within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, Contractor shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City. 16. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 17. INSPECTION. The work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the Contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the Contractor/Consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the Contractor as set forth in the Contract Documents, and to the City addressed as follows: Mailing and Delivery Address: Thomas W. Garcia, PE Director of Public Works/City Engineer City of Temecula 41000 Main Street Temecula, CA 92590-3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR: California Averland Construction, Inc. 339 N. Virgil Avenue Los Angeles, CA 90004 (323) 667-0071 Jaykwon@cal-averland.com By: Joseph Kim, President By: Joseph Kim, Secretary DATED: CITY OF TEMECULA ATTEST: Randi Johl-Olson, JD, MMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney By: Maryann Edwards, Mayor Acting PM Initials Date: 2015-16 2017-18 Capital Improvement Program Fiscal Years 2015-19 THEATER REMEDIATION Infrastructure / Other Project Project Description: This project addresses design and construction deficiencies at the Old Town Community Theater primarily related to problems with the exterior cedar siding, decks and exposed timber. The Furniture, Fixtures and Equipment (FF&E) covers camera system infrastructure, access control, Public Wi-Fi and other identified Information Technology needs. Benefit / Core Value: This project minimizes emergency repair costs, prolongs the service life, and corrects design and construction defects at this facility. In addition, this project satisfies the City's Core Value of a Healthy Livable City, and A Safe and Prepared Community. Project Status: Construction is estimated to start in March of 2015. Department: Public Works—Account No. 210.165.756 Level: I Project Cost: Prior Years Actual Expenditures FYE 2014 2014-15 Carryover Adopted 2015-16 2016-17 Budget Appropriation Projected Projected 2017-18 2018-19 Total Project Projected Projected Cost Administration $ 64,959 $ 78,442 $ 51,558 $ 194,959 Construction $ 244,042 $ 2,373,175 $ 854,325 $ 3,227,500 Construction $ 55,000 $ 55,000 Engineering $ 667 $ 74,333 $ 978,383 $ - $ - $ - $ - $ 75,000 Design $ 178,416 $ 109,183 $ 287,599 Fixtures/Furn/Equip $ 72,500 $ 72,500 Totals $ 244,042 $ 2,635,133 $ 978,383 $ - $ - $ - $ - $ 3,857,558 Source of Funds: Prior Years FYE 2014 2014-15 Actual Carryover Adopted 2015-16 2016-17 2017-18 2018-19 Total Project Expenditures Budget Appropriation Projected Projected Projected Projected Cost Capital Project Reserves $ 244,042 $ 2,635,133 $ 923,383 $ 3,802,558 DIF (Police Facilities) $ 55,000 $ 55,000 Total Funding: $ 244,042 $ 2,635,133 $ 978,383 $ - $ - $ - $ - $ 3,857,558 Future Operation & Maintenance Costs 2014-15 2016-17 Note: Settlement funds received in Fiscal Year Ending 2011 for this project ($2,879,175). 116 2018-19 THEATER REMEDIATION Infrastructure / Other Project Location Aerial Data - March 2010 0 55 110 Feet 220 115 Item No. 11 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Tom Garcia, Director of Public Works/City Engineer DATE: December 9, 2014 SUBJECT: Approve the License Agreement with Dennis G. Munyon and Patricia Munyon for Use of the Oak Park Executive Suites Parking Lot in Old Town Temecula PREPARED BY: Julie Dauer, Sr. Management Analyst RECOMMENDATION: That the City Council approve the License Agreement with Dennis G. Munyon and Partricia Munyon, in the amount of $11,500 annually, for the use of Real Property at the Oak Park Executive Suites Parking Lot for additional public parking in Old Town Temecula. BACKGROUND: Since 2005, the City has entered into a License Agreement with Dennis G. Munyon and Patricia Munyon, owners of the Oak Park Executive Suites, for the use of the parking lot for the benefit of providing additional public parking in Old Town, after business hours during the week and on weekends. Staff has negotiated the terms of a renewal of the License Agreement for use of approximately 36 parking spaces located at 28581 Old Town Front Street at Fourth Street, adjacent to the Oak Park Executive Suites building. The License Agreement provides public access to the parking lot after 5:00 p.m. on weekdays, and from 5:00 p.m. on Fridays through midnight on Sundays of each week. The License Agreement also authorizes the City to place temporary signage on the property and areas adjacent to the property indicating the property may be used for public parking. FISCAL IMPACT: The license is a one year agreement, with an option to extend for two additional one year terms, with an annual payment of $11,500. A total of $8,625, for the remaining three quarters of Fiscal Year 2014-15 is available in the operating budget, in the Old Town Maintenance line item budget for Fiscal Year 2014-15. Future fiscal years operating budget will include the annual payment amount of $11,500. ATTACHMENT: License Agreement LICENSE AGREEMENT BETWEEN CITY OF TEMECULA AND DENNIS G. MUNYON AND PATRICIA MUNYON FOR USE OF REAL PROPERTY FOR OLD TOWN PUBLIC PARKING THIS LICENSE AGREEMENT is entered into by and between the City of Temecula ("City"), and Dennis G. Munyon and Patricia Munyon (collectively "Owner") and is made as of November 1, 2014. In consideration of the mutual agreements contained herein, the parties hereto agree as follows: 1. RIGHT TO USE THE PROPERTY Owner is the owner of a parcel of real property in the City of Temecula located at 28581 Old Town Front Street in Old Town Temecula, which is described on Exhibit A and Exhibit B, attached hereto and incorporated by this reference (hereafter "Property"). Owner hereby grants a license to the City to use the Property for the parking of vehicles in Old Town Temecula. This license shall allow the City to use the Property after 5:00 p.m. on weekdays, and from 5:00 p.m. on Fridays through midnight on Sundays of each week, subject to the terms and conditions of this Agreement. 2. TERM OF LICENSE The term of this License Agreement shall commence on November 1, 2014 and shall remain and continue in effect until June 30 2015. 3. LICENSE FEE City shall pay to the Owner the fee of Eleven Thousand Five Hundred Dollars ($11,500.00) annually, or $2,875.00 quarterly, for the license. Payment shall be paid quarterly in advance. Owner shall submit an invoice at the beginning of each quarter, in the amount of Two Thousand Eight Hundred Seventy -Five Dollars ($2,875). Upon the execution of the License Agreement the City shall pay to Owner the sum of Two Thousand Eight Hundred Seventy -Five Dollars ($2,875) for the period of October 1, 2014 to December 31, 2014. 4. RESPONSIBILITIES OF THE PARTIES A. Owner shall, at its expense and effort, cause the Property to be maintained in a neat, clean and safe condition during its use. B. City shall comply with all applicable local, state and federal laws, ordinances, rules and regulations in the conduct of its operations on the Property. C. City may use the property for the parking of vehicles, including, without limitation, public parking, reserved parking, or valet parking. D. City shall be authorized to place a temporary signage on the Property and areas adjacent to the Property indicating that the Property may be used for public parking. E. City shall not modify the paving or the striping on the Property, but shall be authorized to place traffic cones, traffic delineators or similar traffic control devices on the Property in order to control the flow of traffic. F. City shall not directly or indirectly, create or permit to be created or to remain, and will promptly discharge, at its expense, any lien, encumbrance or charge of the Property, or any part thereof. 5. INDEMNIFICATION City shall defend, indemnify and hold Owner, harmless from all costs (including reasonable attorneys fees and costs), claims, demands, mechanics liens, liabilities or judgments for injury or damage to property and injuries to persons, including death, which may be caused by any of the actions or inactions of the City or users of the Property pursuant to this License Agreement, whether such actions or inactions or use be by City or any person directly or indirectly employed or contracted with by the City and whether such action shall accrue or be discovered before or after termination of this Agreement; provided however, Owner shall be responsible for and shall indemnify the City of Temecula, Temecula Community Services District, and/or Successor Agency to the Temecula Redevelopment Agency, and their officers, agents, officials, employees and volunteers for such claims, demands, mechanics liens, liabilities or judgments for injury or damage to property and injuries to persons, including death, which may be caused by the active negligence of the Owner. This section shall survive termination of this License Agreement. 6. ASSIGNMENT City shall not assign its interest in this Agreement or in the Property to any person or entity without first obtaining the Owner's written consent, except that consent shall not be required for the City to assign this Agreement to either the Successor Agency to the Temecula Redevelopment Agency, or the Temecula Community Services District. 7. NOTICE Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by written notice to the other party. Notice shall be effective upon delivery to the addresses specified below: OWNER: Dennis G. Munyon 945 N. Los Alisos Road Fallbrook, CA 92028 CITY: City of Temecula Attention: City Manager 41000 Main Street Temecula, CA 92590 8. INTERPRETATION Each party had the full opportunity to participate in the drafting of this Agreement and, therefore, the Agreement shall not be interpreted against any party on the ground that the party drafted the Agreement or caused it to be prepared. 9. AUTHORITY TO ENTER INTO AGREEMENT Each person signing below personally warrants and represents to the City that the Owner has approved this License, intends to be bound by its terms and that they are duly authorized to execute this License Agreement on behalf of the Owner. 10. LEGAL REMEDIES; ATTORNEY FEES Each party shall have all remedies as may be allowed by law or equity to enforce its rights in this Agreement. No legal action shall be filed by one party against the other party until such time as the other party has received the notice of default as provided in this Agreement. Any such action shall be filed in Riverside County, California. The prevailing party in a court action shall be entitled to reasonable attorneys fees and costs. 11. ENTIRE AGREEMENT This Agreement and any documents attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto and supersede all oral or written negotiations and prior writing in respect to the use of the Property. IN CONCURRENCE AND WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA OWNER (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 Dennis G. Munyon, Owner ATTEST: By: By: Randi Johl-Olson, JD, MMC, Patricia Munyon, Owner City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City OWNER Attorney Dennis G. Munyon 945 N. Los Alisos Road Fallbrook, CA 92028 Acting PM Initials:jk Date: EXHIBIT A DESCRIPTION OF PROPERTY SUBJECT TO LICENSE PARCEL 1: LOTS 1 TO 8 INCLUSIVE IN BLOCK 26 OF THE TOWN OF TEMECULA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15, PAGE 726 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. NOTE: A CERTICATE OF PARCEL MERGERING LOTS 6, 7 AND 8 WITH PARCEL 2 DESCRIBED BELOW WAS RECRODED AUGUST 5, 1986 AS INSTRUMENT NO. 186289, OFFICIAL RECORDS. PARCEL 2: THE SOUTHEAST 30.00 FEET OF LOTS 9, 10 AND 11 OF BLOCK 26 OF THE TOWN OF TEMECULA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15, PAGE 726 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. EXHIBIT B SUBJECT PROPERTY SITE MAP Item No. 12 TEMECULA COMMUNITY SERVICES DISTRICT CONSENT CALENDAR ACTION MINUTES November 25, 2014 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:12 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar (absent), Roberts, Washington, Comerchero CSD PUBLIC COMMENTS (None) CSD CONSENT CALENDAR 5 Approve the Action Minutes of November 18, 2014 — Approved Staff Recommendation (3-0-1, Council Member Comerchero abstain, Council Member Naggar absent) Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval by Council Members Roberts, Washington and Edwards with Council Member Comerchero abstaining because he did not attend the November 18, 2014 Temecula Community Services District Meeting and Council Member Naggar absent. RECOMMENDATION: 5.1 That the Board of Directors approve the action minutes of November 18, 2014. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD Action Minutes 112514 1 CSD ADJOURNMENT At 7:14 P.M., the Community Services District was formally adjourned to Tuesday, December 9, 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: Randi Johl-Olson, JD, MMC City Clerk [SEAL] CSD Action Minutes 112514 2 Item No. 13 TEMECULA COMMUNITY SERVICES DISTRICT BUSINESS Approvals City Attorney Finance Director City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Randi Johl-Olson, City Clerk DATE: December 9, 2014 SUBJECT: Appointment of President and Vice President of the Temecula Community Services District for Calendar Year 2015 PREPARED BY: Randi Johl-Olson, City Clerk RECOMMENDATION: That the Board of Directors: 1. Entertain motions from the Board of Directors to appoint the President, effective January 1, 2015, to preside until the end of Calendar Year 2015; 2. Entertain motions from the Board of Directors to appoint the Vice President, effective January 1, 2015, who will assume the duties of the President in the President's absence, and hold this office until the end of Calendar Year 2015. BACKGROUND: The Temecula Community Services District Board of Directors appoints a member to serve as President and Vice President annually. These appointments are effective January 1, 2015. The newly appointed President and Vice President will preside through Calendar Year 2015. FISCAL IMPACT: None ATTACHMENTS: None Item No. 14 COUNCIL BUSINESS Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl-Olson, City Clerk DATE: December 9, 2014 SUBJECT: Accept the Declaration of Results of the November 4, 2014 General Municipal Election PREPARED BY: Randi Johl-Olson, City Clerk RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 4, 2014, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW BACKGROUND: The General Municipal Election for the City of Temecula was held on November 4, 2014. The election was held for the purpose of filling three (3) full-term City Council Member seats and was conducted in accordance with the Elections Code of the State of California. In addition to reciting facts related to the canvass of returns and certified final results, the attached resolution formalizes the process of declaring the results of the aforementioned election pursuant to Elections Code Sections 10263, 10264 and 10265. FISCAL IMPACT: The actual cost of the election will be determined upon receipt of the final invoice from the Riverside Registrar of Voters. A budget allocation of $119,000 was made in the current budget year for the election based upon an initial estimate received from the Registrar of Voters. ATTACHMENTS: Resolution RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 4, 2014, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of Temecula, California, on Tuesday, November 4, 2014, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election offers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, the County Registrar of Voters canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as "Exhibit A." NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the whole number of ballots cast in the City, including vote by mail ballots and provisional ballots, were 18,535. Section 2. That the names of the persons voted for at the election for Member of the City Council are as follows: Matt Rahn Cecilie Nelson Angel Garcia Jeff Comerchero Maryann Edwards Section 3. That the number of votes given at each precinct and the number of votes given in the city to each of the persons above named for the respective offices for which the persons were candidates was as listed in Exhibit "A" attached. Section 4. The City Council does declare and determine that Matt Rahn, Jeff Comerchero and Maryann Edwards were elected Members of the City Council for a full term of four years. 1 Section 5. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of ballots cast in the City; (2) The names of the persons voted for; (3) For what office each person was voted for; (4) The number of votes given at each precinct to each person; (5) The total number of votes given to each person. Section 6. That the City Clerk shall immediately make and deliver to each person so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribed to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. Section 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of December, 2014. ATTEST: Randi Johl-Olson, JD, MMC City Clerk [SEAL] 2 Maryann Edwards, Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl-Olson, JD, MMC, 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 9th day of December, 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Randi Johl-Olson, JD, MMC City Clerk 3 REBECCA SPENCER Registrar of Voters State of California REGISTRAR OF VOTERS COUNTY OF RIVERSIDE 2724 Gateway Drive Riverside, CA 92507-0918 (951) 486-7200 • FAX (951) 486-7272 TTY (951) 697-8966 www.voteinfo.net CERTIFICATE OF REGISTRAR OF VOTERS TO THE RESULTS OF THE CANVASS OF ELECTION RETURNS County of Riverside ) ss. ) I, REBECCA SPENCER, Registrar of Voters of said County, do hereby certify that, in pursuance of the provisions of Sections 15301, 15372, and 15374 of the California Elections Code, and the resolution adopted by the City Council, I did canvass the returns of the votes cast on November 4, 2014, as part of the Consolidated General Election in the CITY OF TEMECULA and I further certify that the statement of votes cast, to which this certificate is attached, shows the whole number of votes for each candidate for elective office at said election, in said City, and in each precinct therein, and that the totals as shown for each candidate are full, true, and correct. Dated this 21st day of November 2014. REBECCA SPENC Registrar of Voters 11/21114 8:26 AM November 4,2014 100098 RIVERSIDE COUNTY Statement of Vote 1106 of 1411 CONSOLIDATED GENERAL ELECTION NO PARTY PREFERENCE MEMBER, CITY COUNCIL CITY OF TEMECULA 33000 TEMECULA 33009 - Vole by Mail Reporting 33001 TEMECULA 33001 - Vote by Mail Reporting 33002 TEMECULA 33002 - Vote by Mall Reporting 33003 TEMECULA 33003 - Vote by Mail Reporting 33005 TEMECULA 33006 - Vote by Med Reposing 33005 TEMECULA 33006 - Vole by Marl Reporting 33010 TEMECULA 33010 - Vote by Mail Reporting 33011 TEMECULA 33011 - Vote by Mail Reporting 33013 TEMECULA 33013 - Vote by Mad Reporting 33016 TEMECULA 33016 - Vote by Mail Reporting 32023 TEMECULA 33073 - Vote by Mail Reporting 33026 TEMECULA 33928 - Vote by Mad Reposing 33027 TEMECULA 33027 - Vote by Mail Reporting 33026 TEMECULA 33028 - Vote by Merl Reporting 33030 TEMECULA 33030 - Vote by Mail Reporting 33032 TEMECULA 33032 - Vote by Mail Reposing 33036 TEMECULA 33038 - Vote by Mail Reporting 33038 TEMECULA 33038 - Vote by Mall Reporting 33043 TEMECULA 33940 • Vole by Mall Reporting 33044 TEMECULA 33044 - Vote by Mall Reporting 33045 TEMECULA 33045 - Vote by Mad Reporting 33049 TEMECULA 33049 - Vote by Mail Reporting 33054 TEMECULA 33054 - Vote by Mail Reporting 33055 TEMECULA 33055 - Vote by Mall Reposing 33058 TEMECULA 33058 - Vote by Malt Reporting 33061 TEMECULA 33061 - Vote by Mall Reporting 33062 TEMECULA 33062 - Vote by Marl Reposing 33064 TEMECULA 33084 - Vote by Mali Reporting 33066 TEMECULA 33066 - Vote by Mail Reporting 33071 TEMECULA 33071 - Vote by Mea Reporting 33073 TEMECULA 5 1 w O tY O 9 513 12 513 148 O 0 0 0 0 0 O 0 9 0 O 0 O 0 O 0 3 0 3 2 1478 199 1478 311 1607 256 1607 378 1410 222 1414 260 O 0 O 0 1352 334' 1352 308 1786 291 1706 556 1286 219 1208 336 1411 230 1411 317 1060 178 1060 276 12332 208. 1282 227 2166 468 218e 767 1239 264 1237 309 1523 286 1623 451 1282 220 1282 289 1502 349 1502 395 1282 226 1282 393 803 148 803 263 1761 310 17871 349 1387 223 1087 254 1866 348 15581 354 2030 331 2030 624 1006 355 1986 455 960 144 950 154 1963 250 0.00- 0 00 .000.00 234 28.45 000 000 000 0.00 000 000 0.00 0 00 0.00 56.67 1346 2104 16 66 23.52 15.64 19.73. 0.00 000 24.70 22 78 1828 31.08 1813 27131 16 04 22.47 1679 26.04 16.22 1771 21.39 34.80 21.31 24 94 18.76 2961 1715 2254 2324 26.50 17.83 3065 18.18 32 75 1784 22.58 2052 23 37 2209 2261 16.31 25.81 17.68 24 42 1459 1878 13.14 CECILIE O. NELSON 4 2 0 0 0 0 8 0 0 90 158 126 188 93. 142 0 0 177 lee 151 303 110 169 111 164 102 129 100 100 250 439 133 164 144 248 103 165 170 190 117 215 60 158 163 214 108 135 185 200 182 272 159 259 78 97 13'5 0 34 0 0 0 } to 2 2 0 0 0 30 61 55 103 63 86 93 122 47 64 67 98 0 0 0 0 81 113 62 96 55 91 101 14S 39 54 38 01 82 6 69 111 36 62 52 90 63 113 49 88 123 128 75 125 252 302 197 170 429 512 37 82 135 167 59 97 181 191' 68 93 148 174 93 142 234 279 43' 74 93 126 73 08 145 169 68 108 176 222 109 127 201 256 43 63 128 143 97 111 217 262 34 43 70 61 64 84 126 160 47 70 138 170 98 152 176 229 47 64 118 125 45 84 128 148 46 104 170 103 74 89 146 224 62 103 150 165 129 181 239 282 74 100 180 208 129 146 243 311 41 43 87 72 52 71 79 95 43 62L 1173 158 O 0 0 2 54 88 0 0 0 0 0 0 0 O 0 0 0 0 0 0 3 O 0 lnauMcteam Turnout to 70 97 166 210 120 1271 168 199 124, 165 180. O 0 O 0 164 107 144 179 138 181. 292 341 112 130 195 211 120 128 162 192 92 100 156 169 90 122 Piotact Voter PrivaOy ee+e..ee. 11/21/14 8:2B AM November 4,2014 RIVERSIDE COUNTY Statement of Vote CONSOLIDATED GENERAL ELECTION 1107 of 1471 100098 NO PARTY PREFERENCE MEMBER, CITY COUNCIL CITY OF TEMECULA 33073 - Vote by Mail Reporting 33074 TEMECULA 33074 - Vote by Mail Reporting 33077 TEMECULA 33077 -Vote by Mail Reporting 33079 TEMECULA 33079 • Vote by Mall Reporting 33082 TEMECULA 33082 - Vote by Mall Reporting 33083 TEMECULA 33083- Vote by Mail Reporting 33085 TEMECULA 33005 - Vote by Meal Reporting 33000 TEMECULA 33090 - Vote by Mair Reporting anrcinct totals Vole by Mail Reporting Teals Grand Totals Rowelda County 42nd Congressional Dislnct 50th Congressional DIMr1Ct 28111 Senatorial District 75th Assembly District Stage ed of Equalization, Diel 4 3rd Supervisorial District City of Tdrnv_cule 1953 2105 2105 1537 1537 1703 1703 1106 1106 10031 1303 1087 1067 1463 1483 44341 44341 44341 44341 8850 36491 44341 44341 44341 44341 44341 a 381 7 337 304 3461 198 218 145 286 188. 210 242 330 7745 10790 18536 16535 3699 14835 18635 185354 18576 18535 18635 1941 1464 20.20 18 46 21.93 1809 2325 17.90 1971 14 40 28.51 1546 19.32 16.32 22.86 17 47 24.33 41.80 4165 41.80 4160° 41.96 41.00 4180 41.804 41.80 205 161 227 151 201 147 230 81 111 7x. 185 83 105 102 173 3843 6786 9595 9588 1473 7725 9598 9598 9598 9598 98 w w 8 87 74 119 04 80 41 33 45 3a 89 23 45 49 58 1481 2453 3934 3934 735 3199 3934 39 3934 3934 3934 'ANGEL GARCIA 94 158 83 113 78 128 62 ear 37 93 41 87 97 2325 3399 6724 6724 1136 4588 572.4 5724 5724 5724 5724 w X e u_ 175 129 165 131 151 147 199 110 02 149. 81 94 113 178 3695 5449 9144 8144 1820 7324 9144 9144 9144 9144 9144- 90 re 717. 186 259 147 210 167 257 113 144 74 171 90 124 13,2 217 4391 10990 10990 2151 8847 10998 10988 10998 10996 10996 Item No. 15 Approvals City Attorney Finance Director City Manager -"4. CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl-Olson, City Clerk DATE: December 9, 2014 SUBJECT: Appointment of Mayor and Mayor Pro Tem for Calendar Year 2015 RECOMMENDATION: That the City Council: 1. Entertain motions from the City Council Members to appoint the Mayor, effective January 1, 2015, to preside until the end of Calendar Year 2015; 2. Entertain motions from the City Council Members to appoint the Mayor Pro Tem, effective January 1, 2015, who will assume the duties of the Mayor in the Mayor's absence, and hold this office until the end of the Calendar Year 2015. BACKGROUND: The City Council appoints a member to serve as Mayor and Mayor Pro Tem annually. These appointments are effective January 1, 2015. The newly appointed Mayor and Mayor Pro Tem will preside through Calendar Year 2015. FISCAL IMPACT: None ATTACHMENTS: None Item No. 16 DEPARTMENTAL REPORTS Approvals City Attorney Finance Director City Manager Mr - CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Aaron Adams, City Manager DATE: December 9, 2014 SUBJECT: City Council Travel/Conference Report — November 2014 PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: Receive and file. On November 18, 2014 Mayor Pro Tem Jeff Comerchero traveled to Austin, Texas to attend the National League of Cities Congress of Cities and Community and Economic Development Policy and Advocacy Steering Committee meeting. ATTACHMENTS: Meeting Agendas Congress of Cities and Exposition! Annual Conference of the National League of Cities »... Page 1 of 2 NATIONAL LEAGUE of CITIES CONGRESS OF CITIES AND EXPOSITION AUSTIN,TX 1 2014 Waittht NOVEMBER 18-22, 2014 1 AUSTIN CONVENTION CENTER Schedule by Day Tuesday, November 18, 2014 3:OOpm—5:OOpm Wednesday, November 19, 2014 7:00 a m. — 7:30 p m 8:30am—12:OOpm 9:00 am—12:00pm. 9:00 am — 12:00 p m. 1:OOpm—5:OOpm 1:O0pm—4:OOpm 1:30pm—3:OOpm 1:30pm—4:OOpm 4:OOpm—5:30pm 5:30pm-7:OOpm Thursday, November 20, 2014 7:OOam—5:30pm 8:30 a m. — 12:30 p m 9:OOam—12:OOpm 9:00 a m. — 12:00 p m 9:00 a m. — 12:00 p m 9:O0am—12:OOpm 9:OOam—1:30pm 12:OOpm—1:15pm 12:OOpm—1:15pm 1:30pm—3:OOpm 3:00 p m — 5.00 p m 3:15pm—5:OOpm 3:30 p m. — 5:00 p m Registration Open Registration Open City of Austin Mobile Workshops National League of Cities University Seminars (additional fee) Board of Directors Meeting City of Austin Mobile Workshops National League of Cities University Seminars (additional fee) Advisory Council Meeting Policy and Advocacy Committee Meetings New Member/First-Time Attendee Orientation Welcome Reception in the Exhibit Hall Registration Open Solutions Sessions City of Austin Mobile Workshops National League of Cities University Seminars (additional fee) Council Meetings Constituency Group Meetings Expo Open National League of Cities University Leadership Luncheon (additional fee) Delegates Lunch in Exhibit Hall Opening General Session Resolutions Committee Meeting Expo Open Conference Workshop Sessions http://www.nlccongressofcities.org/schedule-by-day/ 7/2/2014 Congress of Cities and Exposition 1 Annual Conference of the National League of Cities »... Page 2 of 2 5:30 p m — 10:00 p m State League and Other Group Events 5:30 p m. — 10:00 p m. Constituency Group Events 6:30 p m. — 8:00 p m Nominating Committee Hearing Friday, November 21, 2014 7:00 a m. — 5:30 p.m Registration Open 8:30 a m. — 10:00 a.m. General Session 10:30 a m — 12:00 p.m. Conference Workshop Sessions 10:00 a.m. — 1:30 p.m. Expo Open 10:15 a m — 5:00 p.m. Nominating Committee Meeting 12:00 p m. — 1:15 p.m Lunch in Exhibit Hall 1:30 p.m. — 3:00 p.m. Conference Workshop Sessions 3:30 p m. — 5:00 p.m. Conference Workshop Sessions 5:00 p m — 10:00 p.m State League and Other Group Events 5:00 p m — 10:00 p m Constituency Group Events Saturday, November 22, 2014 7:30 a m — 2:30 p.m. Registration Open 8:00 a m — 12:00 p.m Council Meetings 8:00 a m — 12:00 p.m Constituency Group Meetings 9:00 a.m. — 10:30 a m Conference Workshop Sessions 11:00 a m — 12:30 p m Conference Workshop Sessions 12:30 p m. — 2:00 p m. Lunch and Closing General Session 2:30 p m — 4:00 p m Annual Business Meeting 6:00 p m — 9:00 p m City of Austin Closing Event http://www.nlccongressofcities.org/schedule-by-day/ 7/2/2014 REQUESTS TO SPEAK I wish to speak on: Subject: REQUEST TO SPEAK CITY OF TEMECULA Date: Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One) Agenda Item No. For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and State your name for the record. Name: /E'/L ��►� Address: Phone Number: -- If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. I wish to speak on: REQUEST TO SPEAK CITY OF TEMECULA Date: / /.61/v rqz Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One) Subject: � 2 C� 6 rk1 Rai/Lie-74 CC77C 5 Agenda Item No. For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. Name: a-1127 '3,401 (a u Eikl y) Address: ,-p €k.Phone Number: ? If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. I wish to s Subject: Public Comme REQUEST TO SPEAK CITY OF TEMECULA Date: COUNCIL / CSD / SARDA /THA / TPFA (Circle One) 4-s 3 Agenda Item No. For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and s e 1. urramfor the record. Name: Address: Phone Number: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional.