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HomeMy WebLinkAbout102715 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 OCTOBER 27, 2015 – 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:00 PM - The City Council will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1. 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 and will discuss whether to initiate litigation against a certain defendants. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City. 2. Conference with Legal Counsel—Existing Litigation. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(2) with respect to one matter of pending litigation: The People of the State of California and City of Temecula v. Cooperative Patient Services, et. al., Riverside County Superior Court No. RIC 1103777. Next in Order: Ordinance: 15-11 Resolution: 15-55 CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Quartet Nouveau Invocation: Rabbi Arnold Wuhrman of Congregation Havurim Flag Salute: Council Member Michael McCracken ROLL CALL: Edwards, McCracken, Naggar, Rahn, Comerchero PRESENTATIONS/PROCLAMATIONS Presentation of POW/MIA Flags to the City PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to 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 may 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 may be filed with the City Clerk prior to the City Council addressing that item. Each speaker is limited to five minutes. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, 10 minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Waive Reading of Standard Ordinances and Resolutions RECOMMENDATION: 1.1 That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 2 Approve the Action Minutes of October 13, 2015 RECOMMENDATION: 2.1 That the City Council approve the action minutes of October 13, 2015. 3 Approve the List of Demands RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 2 4 Approve Meeting Schedule for City Council Meetings for the Months of November and December 2015 RECOMMENDATION: 4.1 That the City Council approve the meeting schedule rescheduling the November 24, 2015 City Council Meeting to November 17, 2015 and canceling the December 22, 2015 City Council Meeting. 5 Authorize Recruitment of a Commission Member for the Planning Commission RECOMMENDATION: 5.1 That the City Council authorize the recruitment of a Commission Member for the Planning Commission. 6 Reiect All Bids for the Former YMCA Repair and Remediation Proiect, PW12-10 RECOMMENDATION: 6.1 That the City Council reject all bids for the Former YMCA Repair and Remediation Project, PW12-10 and direct staff to develop a recreational program for the facility that aligns with the Community's Priorities and refine the improvements needed to accommodate that use. 7 Approve the Fifth Amendment to the Franchise Agreement Between the City of Temecula and CR&R Incorporated RECOMMENDATION: 7.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AMENDMENT NO. 5 TO THE CITY'S SOLID WASTE FRANCHISE AGREEMENT WITH CR&R, INC. FOR THE COLLECTION, TRANSPORTATION, RECYCLING, COMPOSTING, AND DISPOSAL OF SOLID WASTE AND CONSTRUCTION DEBRIS AND FOR PROVIDING TEMPORARY BIN/ ROLLOFF SERVICES 8 Grant a Non -Exclusive Easement to Southern California Edison Company in Connection with the Interstate 15 / State Route 79 South Ultimate Interchange Proiect RECOMMENDATION: 8.1 Adopt a resolution entitled: 3 RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA GRANTING A NON-EXCLUSIVE EASEMENT TO THE SOUTHERN CALIFORNIA EDISON COMPANY FOR THE RELOCATION OF ELECTRICAL FACILITIES IN CONNECTION WITH THE INTERSTATE -15 / STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE PROJECT (ASSESSOR'S PARCEL NUMBERS 922-210-057, 922-210-059, AND 922-210- 060) 8.2 Authorize the City Manager to execute any necessary documents, including the Grant of Easement. 9 Approve a Purchase and Sale Agreement with the Metropolitan Water District of Southern California (MWD) in Connection with the Old Town Front Street Pavement and Storm Drain Rehabilitation, PW12-14 RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A PURCHASE AND SALE AGREEMENT BETWEEN THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA (MWD) AND THE CITY OF TEMECULA IN CONNECTION WITH THE OLD TOWN FRONT STREET PAVEMENT AND STORM DRAIN REHABILITATION PROJECT 9.2 Authorize the City Manager to approve and execute any necessary documents, and to take all necessary actions to complete this real estate transaction. ******************** 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: CSD 15-01 Resolution: CSD 15-06 CALL TO ORDER: President Maryann Edwards ROLL CALL: DIRECTORS: Comerchero, McCracken, Naggar, Rahn, Edwards CSD PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to 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 may 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 may 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. 10 Approve the Action Minutes of October 13, 2015 RECOMMENDATION: 10.1 That the Board of Directors approve the action minutes of October 13, 2015. CSD BUSINESS 11 Approve the Recommendation to Rename the Temecula Public Library to be the Ronald H. Roberts Temecula Public Library (At the Request of Mayor Jeff Comerchero and Mayor Pro -Tem Mike Naqqar) RECOMMENDATION: 11.1 That the Board of Directors approve the recommendation to rename the Temecula Public Library to be the Ronald H. Roberts Temecula Public Library (at the request of Mayor Jeff Comerchero and Mayor Pro -Tem Mike Naggar). 5 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, November 10, 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 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 12 Approve Assembly Bill (AB) 1600 Financial Reports — Development Impact Fee Expenditures RECOMMENDATION: 12.1 That the City Council approve the AB 1600 Financial Reports for Fiscal Year Ending June 30, 2015. CITY COUNCIL BUSINESS 13 Receive and File Report Regarding Community Prioritization Workshops and Survey and Provide Direction Regarding Ongoing Community Education, Input and Engagement Efforts (At the Request of the Proiect Subcommittee of Mayor Jeff Comerchero and Council Member Matt Rahn) RECOMMENDATION: 13.1 That the City Council receive and file the report regarding the community prioritization workshops and survey and provide direction regarding ongoing community education, input and engagement efforts. 14 Receive and File 2015 Legislative Session Update from Ellison Wilson Advocacy, LLC and Consider Revised Scope of Services and One -Year Extension to Term of Agreement for Consultant Services RECOMMENDATION: 14.1 That the City Council receive and file the 2015 Legislative Session update from Ellison Wilson Advocacy, LLC and consider revised Scope of Services and one- year extension to term of Agreement for Consultant Services. 7 15 Approve the Recommendation to Select the Nominee, Ronald H. Roberts, for Placement on the City of Temecula Wall of Honor (At the Request of Mayor Jeff Comerchero and Council Member Maryann Edwards) RECOMMENDATION: 15.1 That the City Council approve the recommendation to select the Nominee, Ronald H. Roberts, for placement on the City of Temecula Wall of Honor (at the request of Mayor Jeff Comerchero and Council Member Maryann Edwards). DEPARTMENTAL REPORTS 16 City Council Travel/Conference Report — September 2015 17 Community Development Department Monthly Report 18 Police Department Monthly Report 19 Public Works Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, November 10, 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. NOTICE TO THE PUBLIC The agenda packet (including staff reports and public Closed Session information) 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.org — and will be available for public review at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the City Clerk's Department, (951) 694- 6444. 8 COUNCIL CONSENT CALENDAR Item No. 1 Approvals City Attorney Finance Director City Manager ..1 . CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: October 27, 2015 SUBJECT: Waive Reading of Standard Ordinances and Resolutions PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. Unless otherwise required, the full reading of the text of standard ordinances and resolutions is waived. FISCAL IMPACT: None ATTACHMENTS: None Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA OCTOBER 13, 2015 — 7:00 PM No Closed Session The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Pro Tem Mike Naggar Prelude Music: Bonnie Martland Invocation: Tracy Ham, President of Temecula Stake of The Church of Jesus Christ of Latter -Day Saints Flag Salute: Council Member Maryann Edwards ROLL CALL: Edwards, McCracken, Naggar, Rahn, Comerchero (Absent) PRESENTATIONS/PROCLAMATIONS Presentation of Certificate of Achievement to William Chandler Anderson of Troop #934 for Attaining the Rank of Eagle Scout Presentation of Greek Food Festival Month Proclamation Presentation to the Southwest California Manufacturing Council in Recognition of the Inaugural Summer Internship Program PUBLIC COMMENTS The following individuals addressed the City Council: • Greg Kind • Tracy Ham • Jeremy Hutman • Carolina Zachary • Cyndi Irish CITY COUNCIL REPORTS Action Minutes 101315 1 CONSENT CALENDAR 1 Waive Reading of Standard Ordinances and Resolutions — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 1.1 That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 2 Approve the Action Minutes of September 15, 16, 17 — 2015 Special Meeting Workshop and September 22, 2015 — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 2.1 That the City Council approve the action minutes of September 15, 16, 17 — 2015 Special Meeting Workshop and September 22, 2015. 3 Approve the List of Demands — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approve the City Treasurer's Report as of August 31, 2015 — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as of August 31, 2015. Action Minutes 101315 2 5 Approve the Sponsorship Agreement with the Riverside County Economic Development Agency for the Inaugural 2015 French Valley Air Show Event — November 7, 2015 for In-kind Promotional Services for Fiscal Year 2015-16 (At the Direction of the Economic Development Committee Mayor Comerchero and Council Member Edwards) — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 5.1 That the City Council approve the Sponsorship Agreement with the Riverside County Economic Development Agency for in-kind promotional services valued at $11,415, for the French Valley Air Show to be held on November 7, 2015. 6 Approve the First Amendment to the Agreement with BAS Security, Inc. for Security Services — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 6.1 That the City Council approve the First Amendment to the Agreement with BAS Security, Inc., in the amount of $20,000, for Security Services at various events and facilities citywide for Fiscal Year 2015-16. 7 Approve Microsoft Software Licenses for Fiscal Year 2015-16 Annual Renewal — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 7.1 That the City Council approve the annual purchase of Microsoft Client Access Licenses (CAL), Windows Server, and SQL Server from CompuCom Systems, Inc. in an amount not to exceed $56,004.32 annually for year five of the five-year agreement. Action Minutes 101315 3 8 Approve the Purchase of the Fiscal Year 2015-16 Annual Maintenance and Support Services for Tyler Technologies Suite of Products — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 8.1 Approve the purchase of the annual maintenance and support services for the Tyler Technologies Suite of products including the EnerGov Permitting System and Tyler Cashiering in the amount not to exceed $86,096.20 for year two of the five-year agreement; 8.2 Approve the purchase of the Eden Systems Suite (Accounts Receivable, General Ledger/Accounts Payable, Fixed Assets, Purchasing and Requisitions, Budgeting, Project Accounting, and Human Resources) in an amount not to exceed $41,895.83. 9 Approve Utility Agreements with Eastern Municipal Water District and Rancho California Water District for Interstate 15 / State Route 79 South Ultimate Interchange, PW04-08 — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 9.1 Approve an Agreement with the Eastern Municipal Water District (Utility Agreement No. 23317) to relocate utilities for Interstate 15 / State Route 79 South Ultimate Interchange project, with such changes as may be mutually agreed upon by the Eastern Municipal Water District and City Manager; 9.2 Approve an Agreement with the Rancho California Water District (Utility Agreement No. 23316) to relocate utilities for Interstate 15 / State Route 79 South Ultimate Interchange project, with such changes as may be mutually agreed upon by the Rancho California Water District and City Manager; 9.3 Authorize the City Manager to execute the subject utility Agreements with Eastern Municipal Water District and with Ranch California Water District on behalf of the City. Action Minutes 101315 4 10 Approve a Utility Agreement with Southern California Edison for the Interstate 15 / State Route 79 South Ultimate Interchange, PW04-08 — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 10.1 That the City Council approve an Agreement with Southern California Edison Company, in the amount of $292,731, to relocate utilities for the Interstate -15 / State Route 79 South Ultimate Interchange project. 11 Award a Construction Contract for the Old Town Front Street Pavement and Storm Drain Rehabilitation, PW12-14 — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 11.1 Award a Construction Contract to Beador Construction Company, Inc., in the amount of $695,300, for the Old Town Front Street Pavement and Storm Drain Rehabilitation, PW12-14; 11.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $139,060, which is equal to 20% of the contract amount; 11.3 Make a finding that the Old Town Front Street Pavement and Storm Drain Rehabilitation is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 12 Approve the License Agreement with Dennis G. Munson and Patricia Munson for Use of the Oak Park Executive Suites Parking Lot for Public Parking in Old Town Temecula — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 12.1 That the City Council approve the License Agreement with Dennis G. Munyon and Patricia 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. Action Minutes 101315 5 RECESS At 7:56 P.M., the City Council recessed and convened as the Temecula Community Services District Meeting and the Successor Agency to the Temecula Redevelopment Agency Meeting. At 8:04 P.M., the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL CITY MANAGER REPORT CITY ATTORNEY REPORT (None) ADJOURNMENT At 8:05 P.M., the City Council meeting was formally adjourned to Tuesday, October 27, 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. Jeff Comerchero, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Action Minutes 101315 6 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 October 27, 2015 Approve the List of Demands PREPARED BY: RECOMMENDATION: Pascale Brown, Accounting Manager Jill Dickey, Accounting Assistant That the City Council adopt a resolution entitled: RESOLUTION NO. 15- 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. 15- 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 $2,971.856.78. 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 27th day of October, 2015. Jeff Comerchero, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 15- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 27th day of October, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk CITY OF TEMECULA LIST OF DEMANDS 10/01/2015 TOTAL CHECK RUN: $ 431,936.69 10/08/2015 TOTAL CHECK RUN: 2,093,835.65 10/08/2015 TOTAL PAYROLL RUN: 446,084.44 TOTAL LIST OF DEMANDS FOR 10/27/2015 COUNCIL MEETING: $ 2,971,856.78 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 1,917,530.94 135 BUSINESS INCUBATOR RESOURCE 2,083.67 140 COMMUNITY DEV BLOCK GRANT 1,585.88 165 AFFORDABLE HOUSING 2,780.38 190 TEMECULA COMMUNITY SERVICES DISTRICT 206,551.85 192 TCSD SERVICE LEVEL B STREET LIGHTS 134.90 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 900.88 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 3,682.51 197 TEMECULA LIBRARY FUND 5,589.43 210 CAPITAL IMPROVEMENT PROJECTS FUND 189,972.54 300 INSURANCE FUND 22,876.41 305 WORKERS COMPENSATION 10,000.00 320 INFORMATION TECHNOLOGY 58,838.43 330 CENTRAL SERVICES 16,874.99 340 FACILITIES 62,808.35 375 INTERN FELLOWSHIP FUND 231.73 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 3,842.50 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 118.72 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 121.93 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 493.62 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 35.60 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 236.93 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 72.65 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 79.56 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 2,933.61 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 27.30 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 33.92 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 31.21 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 2,156.73 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 182.79 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 92.96 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 38.25 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 312.44 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 54.21 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 276.58 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 118.29 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 3,522.10 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 1,593.48 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 34.22 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 33.42 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 369.24 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 54.84 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 74.74 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 44.57 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 318.08 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 46.96 700 CERBT CALIFORNIA EE RETIREE-GASB45 5,978.00 $ 2,525,772.34 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 258,725.50 135 BUSINESS INCUBATOR RESOURCE 1,781.79 140 COMMUNITY DEV BLOCK GRANT 1,830.22 165 AFFORDABLE HOUSING 4,373.59 190 TEMECULA COMMUNITY SERVICES DISTRICT 94,830.04 192 TCSD SERVICE LEVEL B STREET LIGHTS 245.34 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 2,146.98 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 419.29 197 TEMECULA LIBRARY FUND 629.77 300 INSURANCE FUND 2,182.15 320 INFORMATION TECHNOLOGY 25,075.52 330 SUPPORT SERVICES 6,487.06 340 FACILITIES 10,795.05 375 INTERN FELLOWSHIP FUND 1,648.89 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 83.92 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 56.27 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 66.96 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 12.20 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 135.55 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 24.56 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 34.86 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 230.18 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.36 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 10.39 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 7.08 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 153.62 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 32.80 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 18.96 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 16.55 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 38.26 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.32 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 142.34 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 76.20 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 206.43 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 349.08 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 8.36 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 9.14 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 196.49 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 63.26 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.80 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 9.14 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 289.55 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 3.98 700 CERBT CALIFORNIA EE RETIREE-GASB45 32,628.64 446,084.44 TOTAL BY FUND: $ 2,971,856.78 apChkLst Final Check List Page: 1 10/01/2015 10:53:04AM CITY OF TEMECULA Bank : union UNION BANK Check # Date Vendor 2794 09/21/2015 000246 PERS (EMPLOYEES' RETIREMENT) 2802 09/29/2015 000246 PERS (EMPLOYEES' RETIREMENT) 2803 09/25/2015 003347 FIRST BANKCARD CENTER 014115 GAMBLING COWBOY CHOPHOUSE, THE 007282 AMAZON.COM, INC 2804 09/29/2015 018098 ACME ADMINISTRATORS, INC. 173161 10/01/2015 016764 ABM BUILDING SERVICES, LLC 173162 10/01/2015 001517 AETNA BEHAVIORAL HEALTH, LLC 173163 10/01/2015 001916 ALBERTA WEBB ASSOCIATES 173164 10/01/2015 009374 ALLEGRO MUSICAL VENTURES 173165 10/01/2015 013015 ALWAYS RELIABLE BACKFLOW 173166 10/01/2015 004422 AMERICAN BATTERY CORPORATION 173167 10/01/2015 004307 ARCH CHEMICALS, INC. 173168 10/01/2015 011954 BAKER & TAYLOR INC 173169 10/01/2015 015592 BAMM PROMOTIONAL PRODUCTS, INC 173170 10/01/2015 003215 BARCLAYS LAW PUBLISHERS 173171 10/01/2015 018101 BARN STAGE COMPANY INC, THE Description PERS RETIREMENT PAYMENT PERS RETIREMENT PAYMENT JC refreshments for interns 8/12 JC ipad cover for city Workers Comp Claim with Acme emergency repair svcs:civic center emergency repair svcs:civic center replaced hvac motor:history museum hvac unit# 3 -change board/contactor foc Oct 15 Employee assistance prgm SPECIAL TAX ADMI NISTRATION:FI NANCE Piano Tuning & Maintenance: Theater backflow repairs:var. parks backflow repairs:var. parks backflow repairs: var medians fire alarm panel batteries: ymca Sep water maint svc:hary lake/duck pond Book collections:library Book collections:library Shirts:Director and City Council T 13 Motor Vehicles US Sttlmnt:spring awakening (10 shows) Settlement:Cabaret...Merc 09/27/15 Amount Paid Check Total 19,311 46 39,880.56 71.40 61.43 10,000.00 1,103.00 944.00 407.39 311.75 664.40 2,323.32 120.00 591.00 450.00 50.00 82.62 3,900.00 306.91 158.12 60.44 355.00 5,429.65 19,311.46 39,880.56 132.83 10,000.00 2,766.14 664.40 2,323.32 120.00 1,091.00 82.62 3,900.00 465.03 60.44 355.00 851.25 6,280.90 Pagel apChkLst Final Check List Page: 2 10/01/2015 10:53:04AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 173172 10/01/2015 013482 BAS SECURITY 173173 10/01/2015 004262 BIO-TOX LABORATORIES Description fire security services: theater fire security services: theater credit billing adj: went over PO amt Drug/alcohol analysis:police Drug/alcohol analysis:police Drug/alcohol analysis:police Amount Paid Check Total 2,461.50 2,294.40 -755.90 2,936.88 1,060.34 234.00 4,000.00 4,231.22 173174 10/01/2015 003138 CAL MAT asphalt supplies:var locations 99.22 99.22 173175 10/01/2015 010939 CALIF DEPT OF INDUSTRIAL 30875 rancho vista: blue slide #P02719 97.50 97.50 173176 10/01/2015 004248 CALIF DEPT OF Aug DOJ fingerprinting srvcs:var depts 3,694.00 3,694.00 JUSTICE-ACCTING 173177 10/01/2015 000152 CALIF PARKS & RECREATION regist: Senior Symp: Adkisson & Martinez 70.00 70.00 SOC 173178 10/01/2015 013581 CASCADE SUBSCRIPTION subscription: Fire Engineering 179.00 179.00 SERVICES 173179 10/01/2015 018315 CHARITY FOR CHARITY refund:sec dep:rm rental:confA/B 75.00 75.00 173180 10/01/2015 018302 CINDY GARCIA 10th anniversary theater: refreshments 500.00 500.00 173181 10/01/2015 005417 CINTAS FIRST AID & SAFETY first-aid kit supplies:var facilities 565.11 565.11 173182 10/01/2015 013379 COSSOU, CELINE TCSD Instructor Earnings 315.00 315.00 173183 10/01/2015 001264 COSTCO TEMECULA #491 Misc supplies:college fair 2015 event 379.40 379.40 173184 10/01/2015 004329 COSTCO TEMECULA#491 Misc supplies:high hopes pgrm 646.39 646.39 173185 10/01/2015 010650 CRAFTSMEN PLUMBING & STATION MAINTENANCE: STA84 694.18 694.18 HVAC INC 173186 10/01/2015 018317 CROWN HILL ELEM PTA refund:sec dep:pool rental:CRC 150.00 150.00 173187 10/01/2015 014580 DANCE THEATRE COLLECTIVE refund:sec dep:rm rental:harveston 200.00 200.00 173188 10/01/2015 018319 DEMOCRATIC CLUB OF refund:sec dep:rm rental:harveston 200.00 200.00 Paget apChkLst Final Check List Page: 3 10/01/2015 10:53:04AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 173189 10/01/2015 004192 DOWNS ENERGY FUEL& LUBRICANTS 173190 10/01/2015 004068 ECALDRE MANALILI-DE VILLA, AILEEN Description Amount Paid Check Total Fuel for City vehicles:parks maint 798.79 Fuel for City vehicles:pw dept Fuel for City vehicles:park rangers Fuel for City vehicles:bldg inspectors Fuel for City vehicles:public works Fuel for City vehicles: bldg inspectors Fuel for City vehicles: code enforcement Fuel for City vehicles:code enforcement Fuel for City vehicles: pw dept Fuel for City vehicles: police dept Fuel for City vehicles:city mgr Fuel for City vehicles: traffic div 401.26 365.47 339.15 289.36 254.12 89.09 85.15 51.28 32.71 18.09 43.56 TCSD Instructor Earnings 297.50 TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 173191 10/01/2015 016839 EHS INTERNATIONAL, INC. CONSULTANT SVCS: EMPLOYEE STAFETY PRGM 173192 10/01/2015 011202 EMH SPORTS USA, INC TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 173193 10/01/2015 015090 EVAPCO PRODUCTS, INC. Sep 15 maint svcs water system:civic ctr 280.00 262.50 245.00 192.50 175.00 175.00 175.00 140.00 122.50 105.00 105.00 2,768.03 2,275.00 3,312.50 3,312.50 957.60 332.50 280.00 1,570.10 550.00 550.00 Page3 apChkLst Final Check List Page: 4 10/01/2015 10:53:04AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 173194 10/01/2015 001056 EXCEL LANDSCAPE, INC. Description irrig repairs:crownehill:vailranchslopes irrigation repairs: various slopes - median maint:redhawk landscape maint: sam hicks park irrigation repairs: rancho highlands irrigation repair:crc landscape maint: paloma del sol park irrigation repair:fire station 92 IRRIGATION REPAIR: VAIL RANCH SLOPE irrigation repair: vail ranch slope Jul - Aug Landscape maint srvcs:fv irrigation repairs: crowne hill median maint:landscape maint irrigation repairs: vail ranch slope irrigation repairs: vail ranch slope irrig repairs: villages -rancho vista rd landscape maint: sunset park credit billing adj: quote amt dif from install irrig regulator:hintergardt park replace flowers:old town/town square Jan -Jun Indscp maint srvcs:french valley landscape maint: pat birdsall park 173195 10/01/2015 018268 FAIRBANK, MASLIN, MAULLIN, Consulting srvcs:community outreach 173196 10/01/2015 014865 FREIZE UHLER, KIMBERLY 173197 10/01/2015 017036 GASQUE, COURTNEY 173198 10/01/2015 009608 GOLDEN VALLEY MUSIC SOCIETY 173199 10/01/2015 015451 GREATAMERICAFINANCIAL SVCS 173200 10/01/2015 012748 HARDY & HARPER INC 173201 10/01/2015 018122 HEEN ENTERPRISES LLC Amount Paid Check Total 408.03 389.13 344.95 327.33 323.53 323.53 266.72 266.68 249.53 245.83 200.00 191.77 145.45 110.06 107.60 105.41 101.12 -4.00 1,127.73 696.00 600.00 414.41 6,940.81 13,512.50 13,512.50 Recognition:Board & Commission Annual 388.80 Building and Safety Inspector Uniforms 29.15 Building and Safety Inspector Uniforms 28.07 446.02 Theater Performance: Oct. 4, 2015 1,500.00 1,500.00 Settlement:Classics...Merc Sep 2015 499.80 499.80 Aug 15 Lease for 6 copiers:Tem Library 788.41 788.41 parking lot rehab:paloma del sol park 112,100.00 asphalt resurfacing: rrsp parking lot 18,200.00 130,300.00 Theater Performance: Oct. 4, 2015 11,250.00 performer meal buyout - 10/04/15 480.00 11,730.00 173202 10/01/2015 009135 IMPACT MARKETING & DESIGN Theater shirts - staff 267.84 267.84 INC Page:4 apChkLst Final Check List Page: 5 10/01/2015 10:53:04AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 173203 10/01/2015 001407 INTER VALLEY POOL SUPPLY sanitizing chemical supplies:var pools 391.72 INC sanitizing chemical supplies:var pools 364.31 756.03 173204 10/01/2015 014692 JOHNSON, BARBARA TCSD Instructor Earnings 323.40 323.40 KATHLEEN 173205 10/01/2015 000820 K R W & ASSOCIATES 7/29-9/02 eng plan check srvc: land dev 3,080.00 3,080.00 173206 10/01/2015 001282 KNORR SYSTEMS INC replace pool lifts: crc pool replace pool lifts: crc pool 173207 10/01/2015 017118 KRACH, BREE B. Recognition: board & commission name plate: p/ts commissioner 592.00 200.00 792.00 302.18 10.80 312.98 173208 10/01/2015 014432 LANAIR GROUP, LLC ShoreTel Annual Support:IT 8/1-7/31/16 14,877.00 SHORETEL SERVER MONITORING & PA1 2,400.00 17,277.00 173209 10/01/2015 008610 M C R STAMPS DJ & Emcee srvcs:high hopes pgrm 25.00 25.00 173210 10/01/2015 000944 MCCAIN TRAFFIC SUPPLY INC Traffic signal equipment: pwtraffic 2,106.01 2,106.01 173211 10/01/2015 012264 MIRANDA, JULIO C. TCSD Instructor Earnings 264.60 264.60 173212 10/01/2015 016445 MKB PRINTING & Misc. Printing/Business Cards- Planning 52.34 52.34 PROMOTIONAL INC 173213 10/01/2015 018087 MONTEREY INTERNATIONAL Theater Performance: Oct. 4, 2015 11,250.00 11,250.00 TALENT 173214 10/01/2015 010990 MOORE IACOFANO GOLTSMAN Aug Website maint srvcs:planning dept 500.00 500.00 INC 173215 10/01/2015 004040 MORAMARCO, ANTHONY J. TCSD instructor earnings TCSD instructor earnings 173216 10/01/2015 001986 MUZAK LLC Oct 15 dish network programing:foc Oct 15 dish network prgm:41952 6th St 173217 10/01/2015 014391 NICHOLS, KELLIE D. 173218 10/01/2015 006140 NORTH JEFFERSON BUSINESS PARK 535.50 462.00 997.50 140.85 59.06 199.91 TCSD Instructor Earnings 189.00 TCSD Instructor Earnings 189.00 Oct -Dec 15 assn dues 8358 #20 FV 649.93 Intchg Oct -Dec 15 assn dues 0155 #19 FV Intchg 625.21 Oct -Dec 15 assn dues 1810 #16: FV 514.71 Oct -Dec 15 assn dues 8329 #17: FV 478.36 378.00 2,268.21 Pages apChkLst Final Check List Page: 6 10/01/2015 10:53:04AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 173219 10/01/2015 013198 ORTENZO-HAYES, KRISTINE 173220 10/01/2015 017815 OWEN-LYNCH, LISA 173221 10/01/2015 015033 PACIFIC MUNICIPAL CONSULTANTS 173222 10/01/2015 005573 PALOMA ELEMENTARY PTA 173223 10/01/2015 017372 PHARIS, EVA 173224 10/01/2015 017863 PRG ENTERPRISES, INC. 173225 10/01/2015 014957 PRN PRODUCTIONS 173226 10/01/2015 000262 RANCHO CALIF WATER DISTRICT Description Amount Paid Check Total TCSD Instructor Earnings 1,062.60 TCSD Instructor Earnings 1,039.50 TCSD Instructor Earnings 573.30 TCSD Instructor Earnings 396.90 TCSD Instructor Earnings 352.80 TCSD Instructor Earnings 308.70 TCSD Instructor Earnings 308.70 4,042.50 Theater 10th anniv live painting 10/4 700.00 700.00 Jul 2015 EIR:temecula gateway proj 14,228.80 14,228.80 refund:sec dep:pool rental:CRC 150.00 150.00 Reimb:refreshments:veterans svc mtg 96.49 96.49 9/29 Temecula has heart polos:council 128.44 128.44 Settlement:comedy at the merc 9/26 224.00 224.00 Sep var water meters:TCSD svc lev C 14,412.67 Sep var water meters:30875 Rancho vista 464.11 Sep var water meters:30650 Pauba Rd 416.55 Sep var water meters:PW-var sites 406.52 15,699.85 173227 10/01/2015 000271 RBF CONSULTING MAY -JUN '15 DESIGN SVCS: I-15/SR 6,369.15 79S MAY -JUN '15 DESIGN SVCS: I-15/SR 79S 4,830.56 11,199.71 173228 10/01/2015 018320 REABER, KIM refund:sec dep:rm rental:TCC 200.00 200.00 173229 10/01/2015 000278 SAN DIEGO UNION TRIBUNE AUG LEGAL ADVERTISING:CITY 2,094.04 2,094.04 CLRK/PW/PLN 173230 10/01/2015 017699 SARNOWSKI, SHAWNA, photography svcs:Theater 2,981.01 2,981.01 M.PRESTON 173231 10/01/2015 018012 SAUNDERS, CATHY TCSD Instructor Earnings 294.00 TCSD Instructor Earnings 273.00 TCSD Instructor Earnings 273.00 TCSD Instructor Earnings 255.50 TCSD Instructor Earnings 171.50 1,267.00 Pages apChkLst Final Check List Page: 7 10/01/2015 10:53:04AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 173232 10/01/2015 009213 SHERRY BERRY MUSIC 173233 10/01/2015 018118 SKYPHOTOS Description Amount Paid Check Total Settlement:Jazz @ The Merc 9/24 578.00 578.00 aerial photography:old town temecula 375.00 375.00 173234 10/01/2015 000537 SO CALIF EDISON Aug 2-27-560-0625:32380 Deerhollow 2,733.60 way Aug 2-34-624-4452:32131 S Loop rd lot 990.09 Aug 2-30-296-9522:46679 Primrose Ave 512.66 Aug 2-28-331-4847:32805 Pauba Rd LS3 185.16 Sep 2-33-357-5785:44747 Redhawk pkwy 31.50 Sep 2-35-164-3770:43487 Butterfield stg 30.03 Sep 2-35-164-3242:44270 Meadows pkwy 29.12 Sep 2-35-164-3515:32932 Leena way 27.96 Sep 2-35-164-3663:42335 Meadows pkwy 27.96 Aug 2-30-099-3847:29721 Ryecrest 27.33 4,595.41 173235 10/01/2015 009061 STURDIVANT, ANGELA P. TCSD Instructor Earnings 254.80 TCSD Instructor Earnings 27.30 282.10 173236 10/01/2015 013184 TEMECULA LUISENO refund:sec dep:pool rental:CRC 150.00 150.00 173237 10/01/2015 018316 TEMECULA VALLEY refund:sec dep:rm rental:conf ctrA 150.00 150.00 173238 10/01/2015 000919 TEMECULA VALLEY UNIFIED refund:sec dep:pool rental:CRC 150.00 SCHOOL refund:sec dep:pool rental:CRC 150.00 300.00 173239 10/01/2015 010276 TIME WARNER CABLE Oct high speed internet:41000 Main St 4,266.59 Oct high speed internet:Police 1.58 4,268.17 173240 10/01/2015 010299 TONY TOBIN ELEMENTARY PTA refund:sec dep:pool rental:CRC 150.00 150.00 173241 10/01/2015 018318 TRAVEL BALL NATION refund:sec dep:PHBSP ball field #1 1,250.00 1,250.00 173242 10/01/2015 018321 UHS INC. refund:balance on trust acct:TRU 5033 36,159.97 36,159.97 173243 10/01/2015 006427 VAIL ELEMENTARY PTA refund:sec dep:pool rental:CRC 150.00 150.00 173244 10/01/2015 004261 VERIZON Sep xxx-0074 general usage 4,340.60 Sep xxx-5072 general usage 2,124.42 Sep xxx-0073 gen usage:sr ctr alarm,sk 124.59 6,589.61 173245 10/01/2015 004789 VERIZON Sep Internet svcs:city hall 289.99 Sep Internet svcs:senior ctr 144.99 434.98 Page:7 apChkLst Final Check List Page: 8 10/01/2015 10:53:04AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 173246 10/01/2015 002658 VOLLMUTH, MARY 173247 10/01/2015 006248 WALKER, JESSICA 173248 10/01/2015 016676 WAVES PROJECT INC 173249 10/01/2015 000348 ZIG LER, GAIL 1000702 09/23/2015 018303 BAUCKE, DIANE 1000703 09/23/2015 016236 DHALIWAL, BALTEJ 1000704 09/23/2015 016236 DHALIWAL, BALTEJ 1000705 09/23/2015 018304 PADILLA, JULIE 1000706 09/23/2015 018305 ROGERS, KAREN 1000707 09/23/2015 018306 SHURRAB, MOAMER 1000708 09/23/2015 018307 SOTO, NAOMI 1000709 09/24/2015 018308 COLES, JAMES 1000710 09/24/2015 018309 HUGGINS, LEA 1000711 09/24/2015 018310 GARCIA, RENEE D. 1000712 09/24/2015 018311 HERNANDEZ, MARIA 1000713 09/24/2015 018312 STRUNKSKY, GERALDINE Description Amount Paid Check Total EE computer loan prgm 431.99 431.99 TCSD Instructor Earnings 246.40 246.40 FY 15-16 comm svc funding 500.00 500.00 Reimb:artists gifts:Tem has heart mural 106.46 106.46 refund:College planning wkshp 1.00 1.00 refund:Basketball skills beg 2305.205 20.80 20.80 refund:Basketball skills beg 2305.205 40.00 40.00 refund:sec dep:rm rental:TCC 150.00 150.00 refund:sec dep:rm rental:conf ctrA/B 150.00 150.00 refund:sec dep:picnic rental:harveston 200.00 200.00 refund:Scuba diving 3805.204 240.00 240.00 refund:sec dep:rm rental:TCC 150.00 150.00 refund: Beauty & the beast jr 3400.201 181.25 181.25 refund:sec dep:rm rental:TCC 150.00 150.00 refund:sec dep:rm rental:harveston 200.00 200.00 refund:sec dep:rm rental:conf ctr A/B 150.00 150.00 Grand total for UNION BANK: 431,936.69 Pages apChkLst Final Check List 10/01/2015 10:53:04AM CITY OF TEMECULA Page: 9 105 checks in this report. Grand Total All Checks: 431,936.69 Page9 apChkLst Final Check List Page: 1 10/08/2015 12:55:19PM CITY OF TEMECULA Bank : union UNION BANK Check # Date Vendor Description 2806 10/08/2015 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT SOLUTION PAYMENT 2807 10/08/2015 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT SOLUTION Amount Paid Check Total 2,536.70 2,536.70 13, 598.69 13, 598.69 2808 10/08/2015 000245 PERS- HEALTH INSUR PERS HEALTH INSURANCE PAYMENT 97,767.51 PREMIUM PERS HEALTH INSURANCE PAYMENT 0.00 97,767.51 2809 10/08/2015 000194 I CMA RETIREMENT -PLAN I CMA RETIREMENT TRUST 457 9,255.33 9,255.33 303355 PAYMENT 2810 10/09/2015 000444 INSTATAX (EDD) STATE TAXES PAYMENT 23,594.55 23,594.55 2811 10/09/2015 000283 INSTATAX (IRS) FEDERAL INCOME TAXES PAYMENT 83,912.18 83,912.18 2812 10/08/2015 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT 965.99 965.99 SUPPORT 2814 10/08/2015 017429 COBRA ADVANTAGE INC. REIMBURSEMENT FSA PAYMENT 6,355.98 6,355.98 173250 10/08/2015 004973 ABACHERLI, LINDI TCSD instructor earnings 525.00 525.00 173251 10/08/2015 016764 ABM BUILDING SERVICES, LLC REPLACE HVAC COMPRESSOR:MAINT FACILITY emergency repair svcs:civic center 2,665.00 996.00 hvac repair svcs for it dept:civic 898.66 4,559.66 173252 10/08/2015 015217 AIRGAS, INC. Equipment maintenance: Sta 73 230.62 230.62 173253 10/08/2015 003951 ALL AMERICAN ASPHALT asphalt supplies:pw streets division 580.55 580.55 173254 10/08/2015 004601 ALL THE KING'S FLAGS usa and ca flags:var parks & facilities 1,236.00 1,236.00 173255 10/08/2015 017795 ALTA LANGUAGE SERVICES, TRANSLATION 180.00 180.00 INC. TEST:LIVE-ONLINE:RAMI REZ,CAR 173256 10/08/2015 004422 AMERICAN BATTERY fire alarm batteries: tcc 97.50 97.50 CORPORATION 173257 10/08/2015 013950 AQUA CHILL OF SAN DIEGO Sep drinking water systems: jrc Sep drinking water systems:senior center Sep drinking water systems:civic center 28.35 34.83 184.14 247.32 Pagel apChkLst Final Check List Page: 2 10/08/2015 12:55:19PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 173258 10/08/2015 017149 B G P RECREATION, INC. 173259 10/08/2015 011954 BAKER & TAYLOR INC 173260 10/08/2015 006254 BALLET FOLKLORICO 173261 10/08/2015 015592 BAMM PROMOTIONAL PRODUCTS, INC 173262 10/08/2015 010903 BARNETT, BEA Description Amount Paid Check Total TCSD instructor earnings 1,501.50 TCSD instructor earnings 1,459.50 TCSD instructor earnings 3,402.00 6,363.00 Book collections:library 139.10 Book collections:library 3,484.37 3,623.47 TCSD Instructor Earnings 112.00 TCSD Instructor Earnings 154.00 266.00 Shirts -Sports Programs 779.10 779.10 REIMB:WESTERN ARTS ALLIANCE 239.14 239.14 8/31-9/4 173263 10/08/2015 014284 BLAKELY'S TRUCK SERVICE misc fleet & equip svcs:street maint 513.77 misc fleet & equip svcs:street maint 157.80 671.57 173264 10/08/2015 003138 CAL MAT asphalt supplies: pw street maint div 527.79 527.79 173265 10/08/2015 004971 CANON FINANCIAL SERVICES, Oct 15 lease for canon copiers:civic ctr 3,004.54 3,004.54 INC 173266 10/08/2015 000131 CARL WARREN & COMPANY Aug 15 Claim adjuster services 3,819.76 3,819.76 INC 173267 10/08/2015 004462 CDW, LLC Misc computer supplies:GIS ergonomic computer equip: pw cip ergonomic computer equip: pw cip 1,225.80 151.20 29.16 1,406.16 173268 10/08/2015 014726 CHAPTER 13 STANDING SUPPORT PAYMENT 205.85 205.85 TRUSTEE 173269 10/08/2015 004405 COMMUNITY HEALTH EMPLOYEE CHAIRTY DONATIONS 24.00 24.00 CHARITIES, C/O WELLS FARGO PAYMENT BANK 173270 10/08/2015 012401 COMPRESSED Al R Breathing Air Maintenance: Sta 92 SPECIALTIES INC 173271 10/08/2015 010650 CRAFTSMEN PLUMBING & HVAC INC 173272 10/08/2015 003945 DIAMOND ENVIRONMENTAL SRVCS install gate hinges: senior center INSTALL WATER LINE:JRC— portable restrooms:vail ranch park portable restrooms:riverton park portable restrooms:long canyon park portable restrooms: la serena way 928.67 928.67 940.00 4,200.00 52.80 52.80 52.80 52.80 5,140.00 211.20 Paget apChkLst Final Check List Page: 3 10/08/2015 12:55:19PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description 173273 10/08/2015 012747 EMERGENCY LIGHTING inverter control card:ot theater EQUIPMENT 173274 10/08/2015 001056 EXCEL LANDSCAPE, INC. 173275 10/08/2015 017432 EYEMED VISION CARE 173276 10/08/2015 000165 FEDERAL EXPRESS INC 173277 10/08/2015 002982 FRANCHISE TAX BOARD 173278 10/08/2015 002982 FRANCHISE TAX BOARD var park main:landscape maint var park main:landscape maint var park main:landscape maint var park main:landscape maint var park main:landscape maint Amount Paid Check Total 2,776.50 2,776.50 491.81 266.72 466.15 166.46 335.95 1,727.09 VISION PAYMENT 837.22 837.22 09/17/15 Express mail sys:city clerk 10.09 10.09 SUPPORT PAYMENT 350.00 350.00 SUPPORT PAYMENT 150.00 150.00 173279 10/08/2015 016436 FRICK, TRACY REIMB:ROTUNDA DECOR CHRISTMAS 189.56 DISPLAY REIMB:QUILT EXHIBITION EVENT 213.42 402.98 173280 10/08/2015 003946 G T ENTERTAINMENT DJ srvcs:health fair event 09/26/15 425.00 425.00 173281 10/08/2015 013076 GAUDET, YVONNE M. TCSD instructor earnings 537.60 537.60 173282 10/08/2015 009608 GOLDEN VALLEY MUSIC Sttlmnt: Mozart Rocks 10/3/15 1,128.38 1,128.38 SOCIETY 173283 10/08/2015 015451 GREATAMERICA FINANCIAL Sep 15 Lease copiers:City Hall/off-site 1,341.70 SVCS Aug 15 Lease copiers:City Hall/off-site 289.44 1,631.14 173284 10/08/2015 007935 GRIEBE, MICHELLE Refund:sec dep:TCC Multipurpose Room 200.00 200.00 173285 10/08/2015 017539 GUEDRY, DAVE Reimb: field uniform 85.22 85.22 173286 10/08/2015 012129 HAVENS FOR THE ARTS Sttlmnt:Charley's Aunt 9/17-10/3 3,191.12 3,191.12 173287 10/08/2015 015686 HEARTBEATS Performance:Drum Circles 9/26 275.00 275.00 173288 10/08/2015 018207 HENZ, JACK A. PROMOTIONAL ITEMS:THEATER PROMOTIONAL ITEMS:THEATER PROMOTIONAL ITEMS:THEATER 518.40 361.80 1,252.80 2,133.00 Page3 apChkLst Final Check List Page: 4 10/08/2015 12:55:19PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 173289 10/08/2015 006914 INNOVATIVE DOCUMENT AUG 15 COPIER 4,779.97 SOLUTIONS MAINT/REPAIR/USAGE:CITYWID COPIER MAINT/REPAIR/USAGE:CITYWID 439.76 5,219.73 173290 10/08/2015 012883 JACOB'S HOUSE INC EMPLOYEE CHAIRTY DONATIONS 40.00 40.00 PAYMENT 173291 10/08/2015 011841 JOE RHODES MAINTENANCE Fuel pump maintenance: Sta 92 972.93 972.93 173292 10/08/2015 015378 KELLY-LEHNER, LYNN REIMB:IES-APA WORKSHOP 9/23 178.08 178.08 173293 10/08/2015 004813 M & J PAUL ENTERPRISES INC BOUNCE HOUSE RENTALS FOR HOT 395.00 395.00 SUMMER 173294 10/08/2015 013982 M C I COMM SERVICE Sep xxx-0346 general usage 29.50 Sep xxx-0714 gen usage:PD mall alarm 69.15 98.65 173295 10/08/2015 018334 MANN, ARTHUR 173296 10/08/2015 017427 MATCHETT, VIVIAN Refund:Old Town Rod Run Entry 15.00 15.00 TCSD Instructor Earnings TCSD Instructor Earnings 173297 10/08/2015 004951 MIKE'S PRECISION WELDING install sec gate:redhawk comm park INC. 173298 10/08/2015 012962 MILLER, MISTY 173299 10/08/2015 012264 MIRANDA, JULIO C. 291.20 254.80 3,345.00 546.00 3,345.00 TCSD Instructor Earnings 336.00 TCSD Instructor Earnings 364.00 700.00 TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 66.50 199.50 332.50 665.00 266.00 1,529.50 173300 10/08/2015 016445 MKB PRINTING & Business cards:C. Damko 149.66 149.66 PROMOTIONAL INC 173301 10/08/2015 004040 MORAMARCO, ANTHONY J. TCSD instructor earnings 105.00 TCSD instructor earnings 14.00 119.00 173302 10/08/2015 017861 MYTHOS TECHNOLOGY INC IT monitoring srvcs: TVE2 IT monitoring srvcs: TVE2 IT monitoring srvcs: TVE2 100.00 100.00 100.00 300.00 173303 10/08/2015 017864 NATURE WORKS SCULPTURE Playground equip replacement: cip 23,180.00 23,180.00 INC Page:4 apChkLst Final Check List Page: 5 10/08/2015 12:55:19PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 173304 10/08/2015 001323 NESTLE WATERS NORTH AMERICA Description 08/23-9/22 DRINKING WATER: FLD OP CTR 08/23-9/22 DRINKING WATER: LIBRARY 08/23-9/22 DRINKING WATER: HISTORY 08/23-9/22 drinking water: tesc pool 08/23-9/22 drinking water: skate park 8/23-9/22 water del. svcs: city council 08/23-9/22 DRINKING WATER: TCC 08/23-9/22 DRINKING WATER: THEATER 08/23-9/22 DRINKING WATER: CRC 8/23-9/22 WATER DELIVERY SVCS: CHS 8/17-9/16 WATER DELIVERY SVCS: TVHS 8/23-9/22 bottled water srvcs: TVE2 08/23-9/22 DRINKING WATER: CHILDREN 08/23-9/22 drinking water: pbsp 173305 10/08/2015 018333 NOSS, MELANIE Refund:sec dep:CRC Multipurpose Amount Paid Check Total 99.01 68.32 20.56 14.29 6.47 32.71 22.63 61.69 100.45 12.94 120.51 53.35 22.63 37.69 673.25 150.00 150.00 173306 10/08/2015 003964 OFFICE DEPOT BUSINESS SVS stationery:TCSD 317.36 DIV 173307 10/08/2015 002105 OLD TOWN TIRE & SERVICE misc office supplies:finance misc office supplies:finance MISC OFFICE SUPPLIES:HR veh maint & repairs:parks & facilities veh maint & repairs:parks & facilities vehicle repair & maint:pw traffic 173308 10/08/2015 002105 OLD TOWN TIRE & SERVICE VEHICLE REPAIRS & MAINT:PREVENTION 173309 10/08/2015 002105 OLD TOWN TIRE & SERVICE PARK RANGER VEHICLE MAINT 39.90 49.66 16.52 50.39 50.39 909.38 369.15 49.95 423.44 1,010.16 369.15 49.95 173310 10/08/2015 002105 OLD TOWN TIRE & SERVICE VEHICLE REPAIRS & MAINT 23.75 23.75 SVCS:EXPEDITION 173311 10/08/2015 005656 PA PA PAPA seminar:Wiechec, Matt 11/4 80.00 80.00 173312 10/08/2015 016585 PACIFIC PLAY SYSTEMS, INC. replcmnt parts for spray feat:marg park 321.18 321.18 173313 10/08/2015 015931 PAST PERFECT SOFTWARE, software support & maintenance:TVM 540.00 540.00 INC. 173314 10/08/2015 018341 PATEL, KIRITKUMAR refund:voided permit F15-3006 888.00 888.00 173315 10/08/2015 000249 PETTY CASH Petty Cash Reimbursement 801.40 801.40 Page5 apChkLst Final Check List Page: 6 10/08/2015 12:55:19PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 173316 10/08/2015 012818 PLANETBIDS INC addtl user licenses:online bid system 2,548.83 2,548.83 173317 10/08/2015 005820 PRE -PAID LEGAL SERVICES PREPAID LEGAL SERVICES PAYMENT 365.75 365.75 INC 173318 10/08/2015 017431 PRINCIPAL LIFE INSURANCE DENTAL PAYMENT 7,988.89 7,988.89 CO 173319 10/08/2015 013725 PROCRAFT INC BAY DOOR REPAIR: FIRE STN 84 1,430.00 1,430.00 173320 10/08/2015 004029 R J M DESIGN GROUP INC DESIGN SVCS:TEEN/YOUNG ADULT 1,112.23 1,112.23 VILLAGE 173321 10/08/2015 010214 RADY CHILDRENS HOSPITAL- exam svcs:Police TE151610085 1,068.00 1,068.00 SD 173322 10/08/2015 000947 RANCHO REPROGRAPHICS REPRODUCTION SVCS:PARKAND 89.92 89.92 RIDE 173323 10/08/2015 002412 RICHARDS WATSON & 'Aug 2015 legal services 58,721.60 58,721.60 GERSHON 173324 10/08/2015 000353 RIVERSIDE CO AUDITOR Aug '15 prkg citation assessments 2,166.00 2,166.00 173325 10/08/2015 010777 RIVERSIDE CO EXECUTIVE FY 15/16 DEBT SERVICE FEE:ANIMAL 192,570.00 192,570.00 OFFICE SHELTER 173326 10/08/2015 000406 RIVERSIDE CO SHERIFFS 7/1/15-7/22/15 law enforcement 1,334,975.05 1,334,975.05 DEPT 173327 10/08/2015 001365 RIVERSIDE, COUNTY OF RENEW PERMIT:ACCT#0024155:CRC 784.00 784.00 173328 10/08/2015 001365 RIVERSIDE, COUNTY OF RENEW PERMIT:CRC 693.00 693.00 173329 10/08/2015 002226 RUSSO, MARY ANNE 173330 10/08/2015 009980 SANBORN, GWYNETH A. 173331 10/08/2015 013376 SECURITY SIGNAL DEVICES INC 173332 10/08/2015 008529 SHERIFF'S CIVIL DIV - CENTRAL TCSD Instructor Earnings 378.00 TCSD Instructor Earnings 735.00 1,113.00 Settlement:Country @ the Merc 10/3 3.75 3.75 repair & maint of cameras:Library 25.00 25.00 SUPPORT PAYMENT 263.35 263.35 Page6 apChkLst Final Check List Page: 7 10/08/2015 12:55:19PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description 173333 10/08/2015 009213 SHERRY BERRY MUSIC Settlement:Jazz @ the Merc 10/1 173334 10/08/2015 018250 SIR SAN DIEGO LLC MISC RENTAL STAGE SUPPLIES:THEATER 173335 10/08/2015 000645 SMART & FINAL INC MISC SUPPLIES:FIT 5K FUN RUN:CRC 9/13 misc supplies:MPSC Anniversary misc supplies:csd special events Amount Paid Check Total 367.50 367.50 2,570.00 2,570.00 152.28 328.83 107.72 588.83 173336 10/08/2015 000824 SO CALIF ASSN OF FY 15/16 agency membership dues 9,979.00 9,979.00 GOVERNMENTS 173338 10/08/2015 000537 SO CALIF EDISON Sep 2-35-403-6337:41375 McCabe Ct 1,366.90 Sep 2-00-397-5067:TCSD svc lev C 2,378.42 Sep 2-02-351-4946:41845 6th St 2,424.93 Sep 2-32-903-8293:41000 Main St 30,668.74 Sep 2-29-223-8607:42035 2nd St PED 1,523.95 Sep 2-31-536-3226:28690 Mercedes 2,251.37 Sep 2-27-805-3194:42051 Main St 3,780.51 Sep 2-21-981-4720:30153 Tem pkwy TPP 23.59 Sep 2-28-904-7706:32329 Overland Trl 154.50 Sep 2-30-520-4414:32781 Tem pkwy LS3 1,015.14 Sep 2-29-224-0173:various fire stns 2,049.49 Sep 2-29-295-3510:32211 Wolf vly rd 2,148.39 Sep 2-36-641-3839:27498 Enterprise cir w 29.92 Sep 2-36-641-3912:27498 Enterprise cir 36.75 Sep 2-31-536-3481:41902 Main St 218.19 Sep 2-29-933-3831:43230 Bus park dr 2,908.64 Sep 2-31-912-7494:28690 Mercedes 1,638.63 Sep 2-35-707-0010:33451 S Hwy -79 29.05 Sep 2-31-419-2873:43000 Hwy -395 25.66 Sep 2-31-282-0665:27407 Diaz Rd 26.99 Sep 2-31-031-2616:27991 Diaz Rd 26.84 Sep 2-29-953-8249:46497 Wolf creek dr 28.90 Sep 2-25-393-4681:41951 Moraga Rd 451.42 Sep 2-00-397-5042:43200 Bus park dr #1 12,201.05 Sep 2-31-536-3655:41904 Main St 198.79 Sep 2-19-171-8568:28300 Mercedes St 1,282.55 Sep 2-18-937-3152:28314 Mercedes 1,389.94 Sep 2-35-664-9053:29119 Margarita Rd 154.93 Sep 2-14-204-1615:30027 Front st rdio 55.92 Sep 2-29-657-2787:41638 Winchester 25.80 Sep 2-29-807-1093:28079 Diaz Rd 26.29 Sep 2-29-807-1226:28077 Diaz Rd 26.45 Sep 2-34-333-3589:41702 Main St 54.66 Sep 2-29-953-8082:31523 Wolf vly rd 30.08 70,653.38 Page:7 apChkLst Final Check List Page: 8 10/08/2015 12:55:19PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 173339 10/08/2015 001212 SO CALIF GAS COMPANY Description Sep 091-024-9300-5:30875 Rancho vista Sep 125-244-2108-3:30600 Pauba Rd Sep 055-461-2483-4:40135 Village Rd Sep 091-085-1632-0:41951 Moraga Rd Sep 133-040-7373-0:43210 Bus park dr Sep 026-671-2909-8:42051 Main St Sep 129-582-9784-3:43230 Bus park dr Sep 129-535-4236-7:41000 Main St Sep 181-383-8881-6:28314 Mercedes St Sep 021-725-0775-4:41845 6th St Sep 028-025-1468-3:41375 McCabe Ct Sep 101-525-0950-0:28816 Pujol St Sep 101-525-1560-6:27415 Enterprise cir Sep 117-188-6393-6:32131 S Loop Rd Sep 095-167-7907-2:30650 Pauba Rd Amount Paid Check Total 322.59 14.79 21.53 85.68 85.84 26.34 28.25 467.60 21.53 66.66 20.58 16.74 16.74 22.46 160.79 173340 10/08/2015 002503 SOUTH COAST AIR QUALITY LIQUID FUEL DISPENSING 102.45 SYSTEM:STN 84 FY 15-16 FLAT FEE EMISSIONS:STN #84 121.44 173341 10/08/2015 000519 SOUTH COUNTY PEST bee eradication:PHBSP 70.00 CONTROL INC 173342 10/08/2015 017381 SOUTHWEST CALIFORNIA PAGEANTS 173343 10/08/2015 018347 SOUTHWEST HEALTHCARE SYSTEM 173344 10/08/2015 000293 STADIUM PIZZA INC 173348 10/08/2015 007762 STANDARD INSURANCE COMPANY 173349 10/08/2015 012723 STANDARD INSURANCE COMPANY 173350 10/08/2015 002015 STAR WAY SYSTEMS CORPORATION PEST CONTROL SVCS: FIRE STN #84 bee eradication:PHBSP var parks pest cntrl svcs:park maint bee eradication:wolf creek park bee eradication:RRSP 59.00 70.00 493.00 49.00 94.00 1,378.12 223.89 835.00 Refund:sec dep: TCC Multipurpose Rm 200.00 200.00 Refund:sec dep:Conference Center A/B 150.00 150.00 refreshments:skate park events 41.26 41.26 LIFE INSURANCE PAYMENT 8,195.26 8,195.26 VOLUNTARY SUPP LIFE INSURANCE 1,070.46 1,070.46 PAYMENT sound sys upgrade:old town front st 974.42 974.42 Pages apChkLst Final Check List Page: 9 10/08/2015 12:55:19PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 173351 10/08/2015 016262 STEVE ADAMIAK GOLF INSTRUCTION Description Amount Paid Check Total TCSD Instructor Earnings 168.00 TCSD Instructor Earnings 350.00 TCSD Instructor Earnings 26.25 TCSD Instructor Earnings 420.00 TCSD Instructor Earnings 210.00 TCSD Instructor Earnings 280.00 1,454.25 173352 10/08/2015 003840 STRONGS PAINTING FACILITY REHAB:PAINTING 6,000.00 6,000.00 SVC:SENIOR CTR 173353 10/08/2015 013387 SWEEPING UNLIMITED INC Sep sweeping svcs:parking structure 500.00 500.00 173354 10/08/2015 007900 SYERS, KATHI Reimb:buxton public meeting 10/5 104.66 104.66 173355 10/08/2015 001547 TEAMSTERS LOCAL 911 UNION DUES PAYMENT 5,074.00 5,074.00 173356 10/08/2015 005970 TEMECULA VALLEY PLAYERS Settlement:fiddler on the roof 9/10-27 29,691.62 29,691.62 173357 10/08/2015 010276 TIME WARNER CABLE Oct high speed internet:Library 590.20 590.20 173358 10/08/2015 018349 TORRALBA, SUSAN Refund:sec dep:Harveston Center MPR 200.00 200.00 173359 10/08/2015 015821 TOTH, JUDY Refund:sec dep:Harveston Center MPR 200.00 200.00 173361 10/08/2015 017430 TRANSAMERICA LIFE TRANSAMERICAACCIDENTADVANTAG 2,891.58 2,891.58 INSURANCE CO PAYMENT 173362 10/08/2015 002110 UNITED RENTALS NORTH MISC EQUIP RENTALS:PW STREET 57.92 57.92 AMERICA MAINT 173363 10/08/2015 000325 UNITED WAY EMPLOYEE CHARITY DONATIONS 5.00 5.00 PAYMENT 173364 10/08/2015 017579 US HEALTHWORKS MEDICAL MEDICAL SCREENINGS:HR 55.00 55.00 GROUP 173365 10/08/2015 008977 VALLEY EVENTS, INC. PERFORMANCE:HOT SUMMER NIGHTS PERFORMANCE:HOT SUMMER NIGHTS PERFORMANCE:HOT SUMMER NIGHTS PERFORMANCE:HOT SUMMER NIGHTS PERFORMANCE:HOT SUMMER NIGHTS 3,000.00 125.00 1,100.00 4,000.00 1,100.00 9,325.00 Page9 apChkLst Final Check List Page: 10 10/08/2015 12:55:19PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 173366 10/08/2015 014848 VALUTEC CARD SOLUTIONS, ticketing services: Theater 39.00 39.00 LLC 173367 10/08/2015 004789 VERIZON 173368 10/08/2015 014486 VERIZON WIRELESS 173369 10/08/2015 016676 WAVES PROJECT INC 173370 10/08/2015 013613 WORTHINGTON, PAULA 173371 10/08/2015 008736 YNEZ SUBWAY INC 1000714 10/01/2015 018328 LUND, SANDRA 1000715 10/01/2015 018329 MARTINEZ, ROBERT 1000716 10/01/2015 018330 MIRANDA, NORMA 1000717 10/01/2015 018331 PARKER, YENDI 1000718 10/01/2015 018332 RUNE, SHELLEY Sep Internet svcs:Theater 104.99 Sep Internet svcs:Library 184.99 289.98 8/16-9/15 broadband svcs:citywide 1,967.09 1,967.09 FY 15-16 comm svc funding 500.00 500.00 Reimb:supplies for breakfast w/Santa 54.86 54.86 refreshments:Teen CERT trng 10/10 360.00 360.00 refund:rm rental:library comm rm A/B 140.00 140.00 refund:sec dep:rm rental:CRC 200.00 200.00 refund:Microsoft excel level II 48.00 48.00 refund:Creative beg for parent & me 55.00 55.00 refund: Ballet barre stretch & tone 54.00 54.00 Grand total for UNION BANK: 2,093,835.65 Pagel 0 apChkLst Final Check List 10/08/2015 12:55:19PM CITY OF TEMECULA Page: 11 130 checks in this report. Grand Total All Checks: 2,093,835.65 Page:11 Item No. 4 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: October 27, 2015 SUBJECT: Approve Meeting Schedule for City Council Meetings for the Months of November and December 2015 RECOMMENDATION: That the City Council approve the meeting schedule rescheduling the November 24, 2015 City Council Meeting to November 17, 2015 and canceling the December 22, 2015 City Council Meeting. BACKGROUND: The regularly scheduled City Council meeting of November 24, 2015 falls on Thanksgiving week and it is proposed that this meeting be rescheduled to November 17, 2015. It is also proposed that the December 22, 2015 City Council Meeting be canceled in light of the Christmas holiday that week. The rescheduling of the November meeting and the canceling of the December meeting is consistent with past practice for rescheduling and canceling meetings during the November and December holiday months. FISCAL IMPACT: None ATTACHMENTS: None Item No. 5 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: October 27, 2015 SUBJECT: Authorize Recruitment of a Commission Member for the Planning Commission PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council authorize the recruitment of a Commission Member for the Planning Commission. BACKGROUND: On October 16, 2015, the City received notification that Planning Commissioner Stan Harter was resigning from the Planning Commission effective immediately. Staff is therefore asking for authorization to recruit for the resulting vacancy. The recruitment period will be open from October 28, 2015 — November 20, 2015. The appointment to fill the vacancy for the remaining term expiring on June 15, 2016 will likely be made at the December 8, 2015 meeting following review and recommendation by the City Council subcommittee of Mayor Comerchero and Mayor Pro Tempore Naggar. FISCAL IMPACT: None ATTACHMENTS: None Item No. 6 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: October 27, 2015 SUBJECT: Reject All Bids for the Former YMCA Repair and Remediation Project, PW12-10 RECOMMENDATION: That the City Council reject all bids for the Former YMCA Repair and Remediation Project, PW12-10 and direct staff to develop a recreational program for the facility that aligns with the Community's Priorities and refine the improvements needed to accommodate that use. BACKGROUND: On September 10, 2013, the City Council awarded a professional service contract for the preparation of full working drawings and specification to repair and remediate deficiencies within the existing facility. On September 23, 2014, the City Council approved the plans and specifications for the subject project and authorized staff to solicit construction bids. The recent bids for the project far exceed the City's budget and therefore it is recommended that the bids be rejected. On September 15, 2015, five bids were electronically opened and publicly posted on the City's on-line bidding service PlanetBids. The results were as follows: No. Bidder Amount 1 California Averland Construction, Inc. $ 1,800,000 2 Hamel Contracting, Inc. $ 1,850,937 3 Horizons Construction Company International, Inc. $ 1,960,000 4 Dalke and Sons Construction, Inc. $ 1,982,480 5 Grahovac Construction Company, Inc. $ 2,280,000 Horizons Construction Company International, Inc. protested the two apparent low bids and Grahovac Construction Company, Inc. failed to include a required statement. Since the recommended action is to reject all bids these issues were rendered irrelevant by the intended action and were not analyzed further. The low bid of $1,800,000 is an accurate reflection of the current market rate for the proposed project. With a twenty percent contingency (typical for this type of project), the total funding required for construction of the project would be $2,160,000. The funding budgeted for project construction is $970,000, and the construction cost estimate is $1,050,000. Neither of these includes a 20% contingency. In addition, the funding was programmed and the construction estimate was established during the early stages of project design & development, and therefore did not account for increases in the project complexity and scope, functional upgrades, code compliance requirements, most of which took place at the later stages of design and development. Also, having been developed early in the design process, the construction budget and the cost estimate did not account for the recent escalations in construction costs due to an uptick in construction activity due to an improving economy. Further supporting the recommendation to reject the bids for the project is the additional ongoing expense associated with operating a new recreation facility. Given that the City's 5 -year budget projections revealed a fiscal challenge primarily associated with the rising cost of public safety services, it would be fiscally irresponsible to recommend rehabilitating and opening a recreational facility that, as currently envisioned, would result in additional operating costs without generating sufficient new revenues to offset some of those costs. Consistent with the Council's current directive to seek input from the Community on their priorities as it relates to finding a balance between services provided (expenses) and the City's ability to continue to pay for those priority services (limited revenues), staff recommends re-evaluating the programmed use of the former YMCA facility after finalizing the Community Prioritization efforts. Once that effort is complete, Staff can develop the types of uses for the facility that meet the Community's prioritized desires for exceptional recreational opportunities, taking into consideration both revenue generation and costs for operations and maintenance. Once the uses for the facility have been developed and funding for operations and maintenance identified, the City can revise the project renovation/remediation plans to accommodate the planned uses. FISCAL IMPACT: The Former YMCA Repair and Remediation is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2016-20, and is funded with Development Impact Fees (DIF) Quimby, DIF Corporate Facilities, DIF Police Facilities and Capital Project Reserves. There is no fiscal impact to the recommended action. ATTACHMENTS: 1. Project Description 2. Project Location 1-tr°41-714, '444C6 Capital Improvement Program Fiscal Years 2015-19 YMCA REPAIR AND REMEDIATION Infrastructure / Other Project Proiect Description: This project will include the design and construction of the repair and remediation of the YMCA building on Margarita Road, including the roof, exterior cladding (stucco walls, windowa, and doom), shower and reatrooma, swimming pool, site drainage, and other miscellaneous repairs. The Funnihure, Fixtures and Equipment (FF&E) covers camera system infrastructure, access control, Public Wi-Fi and other identified Information Technology needs for this project, Special Needs Playground and Senior Citizen Outdoor Fitness Lot Projects. Benefit / Core Value: This project will remediate the building deficiencies and upgrade it to current building codes and standards. In addidon, this project satisfies the City's Core Value of a Healthy Livable City, and A Safe and Prepared Project Status: Construction will start inFY2014'15. Department: Public Works —210.185.750 Project Cost: Prior Years Actual Expenditures FYE20U4 201446 Carryover Adopted 201548 2016-17 2017-18 201048 Total Project Budget Appropriation Projected Projected Projected Projected Cost Administration 1,224 $ 193'770 $ 195,000 Construction $ 857,000 $ 857,000 Construction $ 511'129 $ 511'129 Engineering $ 82,000 $ 115,000 $ 82,000 Design 59'050 $ 202'944 $ 26,500 $ 262,000 Fixmron/Furn/Equip 60,280 $ 1,335,720 $ 141,500 - - - - $ 141,500 Source of Funds: Prior Years Actual Expenditures FYE20U4 201446 Carryover Adopted 201548 2016-17 2017-18 201048 Total Project Budget Appropriation Projected Projected Projected Projected Cost Capital Project Reserves $ 161,047 $ 161,047 DIF (Corporate Facilities) $ 511'129 $ 511'129 DIF (Police Facilities) $ 115,000 $ 115,000 DIF (Quimby) 60,280 $ 663,544 $ 26,500 $ 750,324 Total Funding: 60,280 $ 1,335,720 $ 141,500 - - - - $ 1,537,500 Future Operation & Maintenance Costs 2015-16 $ 71,250 118 2016-17 2017-18 2018-19 $ 95,000 $ 96,900 $ 98,838 YMCA REPAIR AND REMEDIATION Infrastructure / Other Projects Location Aerial Data - March 2010 0 75 150 Feet 300 117 Item No. 7 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Director of Community Development DATE: October 27, 2015 SUBJECT: Approve the Fifth Amendment to the Franchise Agreement Between the City of Temecula and CR&R Incorporated PREPARED BY: Dale West, Associate Planner RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AMENDMENT NO. 5 TO THE CITY'S SOLID WASTE FRANCHISE AGREEMENT WITH CR&R, INC. FOR THE COLLECTION, TRANSPORTATION, RECYCLING, COMPOSTING, AND DISPOSAL OF SOLID WASTE AND CONSTRUCTION DEBRIS AND FOR PROVIDING TEMPORARY BIN/ ROLLOFF SERVICES BACKGROUND: In 1991, the City awarded an exclusive franchise agreement with CR&R Incorporated (CR&R) to provide for the collection, transportation, recycling, composting, and disposal of solid waste and construction debris and for providing temporary bin/roll-off services in commercial, residential, construction, and industrial areas within the City of Temecula. The agreement is periodically amended to reflect changes in legislation, changes in services and the methodology for calculating the rates. On April 14, 2015, the City Council approved the Residential Organics Recycling Program and authorized staff to incorporate the rate for the Program into the fiscal year 2015-16 Solid Waste and Recycling Schedule of Rates and Charges, and to prepare an amendment to the Franchise Agreement to reflect the proposed program and recent legislation affecting solid waste disposal and recycling mandates. On June 23, 2015, the City Council approved the fiscal year 2015-16 Solid Waste and Recycling Schedule of Rates and Charges, including the rate for the Residential Organics Recycling Program, and with the understanding that staff would return with an amendment to the Agreement that reflects the adoption of the Residential Organics Recycling Program. Amendment No.5 to the City's Solid Waste Franchise Agreement would amend Exhibit D of the Agreement, which stipulates the current fiscal year rates, as well as the methodology for calculating the rates charged for refuse collection and recycling for residential and commercial services within the City of Temecula. The current methodology for calculating the rates is based on the previous year's rate multiplied by the Consumer Price Index (CPI), the No. 2 Diesel Fuel Index, and changes to the Riverside County landfill tipping fees. Since CR&R is converting their fleet to operate on natural gas manufactured on site at the CR&R Anaerobic Digester facility, their fleet will no longer operate using diesel fuel. As a result the methodology for calculating the Solid Waste and Recycling Schedule of Rates and Charges needs to be amended to reflect future operations utilizing renewable natural gas instead of diesel fuel. The revised formula for calculating the rates would eliminate using the No. 2 Diesel Fuel Index and instead base the adjustment on the CPI and changes to the Riverside County Landfill tipping fees. Amendment No. 5 to the Franchise Agreement with CR&R also defines organic waste, specifies that organic waste will be delivered and processed at the CR&R Anaerobic Digester facility in the City of Perris, and expands the indemnification clause to include compliance with the disposal reduction goals of SB 1016, the commercial recycling goals of AB 341, and the organic diversion goals of AB 1826. FISCAL IMPACT: There is no fiscal impact to the City of Temecula General Fund. The CR&R solid waste and recycling rates are a pass-through rate to CR&R. The residential solid waste and recycling rates are collected on the tax rolls and deposited into Fund 194. The CR&R invoice is paid from this Fund. ATTACHMENTS: 1. Resolution 2. Amendment No. 5 to the City's Solid Waste Franchise Agreement with CR&R, Inc. RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AMENDMENT NO. 5 TO THE CITY'S SOLID WASTE FRANCHISE AGREEMENT WITH CR&R, INC. FOR THE COLLECTION, TRANSPORTATION, RECYCLING, COMPOSTING, AND DISPOSAL OF SOLID WASTE AND CONSTRUCTION DEBRIS AND FOR PROVIDING TEMPORARY BIN/ ROLLOFF SERVICES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. A. On May 28, 1991 the City and CR&R entered into that certain agreement entitled "Agreement Between the City of Temecula and CR&R Incorporated, for the Collection, Transportation, Recycling, Composting, and Disposal of Solid Waste and Construction Debris and for Providing Temporary Bin/ Rolloff Services." This agreement has since been amended four times on August 17, 1996, June 24, 1997, July 25, 2000, and June 13, 2006. Section 2. The public health, safety, and well-being are served and the public convenience and necessity are served by the amendments to the Franchise Agreement set forth in this Fifth Amendment. Section 3. The City Council of the City of Temecula hereby approves that certain Agreement entitled "Amendment No. 5 to the City's Solid Waste Franchise agreement with CR&R Inc. for the Collection, Transportation, Recycling, Composting, and Disposal of Solid Waste and Construction Debris and for Providing Temporary Bin/Rolloff Services." The Mayor and City Clerk are hereby authorized to execute and attest, respectively, the Agreement, on behalf of the City in substantially the form attached hereto as Exhibit A. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula on this 27th day of October, 2015. Jeff Comerchero, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 15- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 27th day of October, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk EXHIBIT A Amendment No. 5 the to the City's Solid Waste Franchise Agreement with CR&R Inc. Revised October 27, 2015 AMENDMENT NO. 5 TO THE AGREEMENT BETWEEN THE CITY OF TEMECULA AND CR&R INCORPORATED, FOR THE COLLECTION, TRANSPORATION, RECYCLING, COMPOSTING AND DISPOSAL OF SOLID WASTE AND CONSTRUCTION DEBRIS AND FOR PROVIDING TEMPORARY BIN/ROLLOFF SERVICES This Fifth Amendment to the Franchise Agreement is entered into as of October 27, 2015, by and between the City of Temecula, a Municipal Corporation ("City") and CR&R Incorporated, a California Corporation ("Grantee"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. Recitals. This Amendment Number Five is made with respect to the following facts and purposes, which each party agrees to be true and correct: A. On May 28, 1991 the City and Grantee entered into that certain agreement entitled "Agreement Between the City of Temecula and CR&R Incorporated, for the Collection, Transportation, Recycling, Composting and Disposal of Solid Waste and Construction Debris and for Providing Temporary Bin/Rolloff Services. B. The May 28, 1991 Agreement was amended by the parties on August 27, 1996, June 24, 1997, July 25, 2000 and June 13, 2006. For purposes of this Fifth Amendment the May 28, 1991 Franchise Agreement, as amended on August 27, 1996, June 24, 1997, July 25, 2000 and June 13, 2006 shall be referred to as the "Franchise Agreement"_ C. The parties have determined that the public health, safety and well being will be served by the amendments to the Franchise Agreement set forth in this Amendment Number Five. 2. Amendment to Exhibit C, Recycling Programs, Service Commencement, AB 939 Topics and Facility Considerations. The Franchise Agreement is hereby amended by adding Section J to Exhibit C. as outlined below: J. Effective July 1, 2015 Grantee shall direct all Residential Organic Waste generated within the City Limits to its Anaerobic Digester Processing Facility (AD Facility) located in Perris, California. All Organic Waste processed in the AD Facility shall be diverted from the landfill and receive diversionary credit. Commercial customers shall have the option of diverting their organic waste through Grantee provided Food Waste and Green Waste Programs. The costs for these programs shall be as outlined in Exhibit "D"- Schedule of Rates. 3. Definitions. Section 2 of this Franchise Agreement is hereby amended to read as follows: A. Item "E" shall be replaced to read as follows: E. "Organic Waste" shall mean food waste, green waste, landscape and pruning waste, nonhazardous wood waste and soiled paper waste that is mixed in with food waste. Organic Waste does not include waste types specified as "Special Wastes." B. Item "F" shall be added to read as follows: F. Special Wastes. "Special Wastes" shall mean all the items and materials which are set forth on Exhibit "B." "Special Wastes." 4. Amend Section 5. Services Provided by Grantee. Section 5.0 (4) is hereby amended as follows: (4) Mandatory Commercial Recycling. Grantee shall implement recycling and organic diversion programs for commercial entities in accordance with the requirements of AB 341 (Mandatory Commercial Recycling) and AB 1826 (Organic Waste). Grantee shall use its best efforts to bring commercial entities that meet the criteria of AB 341 and AB 1826 in compliance with State law. Grantee shall conduct a waste audit of all contracted commercial and multi -family accounts to determine their recyclable content, prior to services being rendered. The process used to conduct this waste audit shall be shared with the City of Temecula, the City of Perris, and the County to ensure permit compliance and acceptance. Those accounts that contain a significant recyclable content shall be processed through the Perris Material Recovery Facility (MRF) that currently processes salvaged separate materials for reuse. Customers achieving this content, or higher, shall only be charged the service rates that appear in Exhibit "D" paragraph D.5, 6 and 8. Those However, if these customers desire to commence a source separated recycling program, a recycling container shall be provided by Grantee and customers shall be charged the service rates reflected in Exhibit "D" paragraph D.7 and 9. desire to commence a source separated recycling program, a recycling container shall bo Exhibit "D" paragraph D.S., and the source separated recycling rates in Exhibit "D" 5. Section 25. Indemnification and Insurance. Section 25.D. is hereby amended as follows: D. Indemnification. Grantee agrees to protect, defend, with counsel approved by City, and indemnify City against all fines or penalties imposed by the CalRecycle in the event the source reduction and recycling goals of AB 939, the disposal reduction goals of SB 1016, the commercial recycling goals of AB 341, the organic diversion goals of AB 1826, or any other requirement of CalRecycle are not met by the City with respect to the waste stream collected under this Franchise Agreement. City shall use its best efforts to assist and support Grantee in the implementation of existing or new recycling and organics programs which are imposed by CalRecycle. 6. Additional Recycling Containers. Paragraph E. of Exhibit C. of the Franchise Agreement is hereby amended as follows: E. Grantee shall institute a three - sixty (60) gallon container recycling system pursuant to Chapter 8.20 - one container for refuse, one container for organic waste, and one container for commingled recyclables. The initial commingled recycling container and any additional commingled recycling containers needed by residential customers shall be provided by Grantee at Grantee's expense. All containers shall provide the minimum container specifications contained in Exhibit F. Grantee shall replace and repair containers as may be necessary as a result of normal wear and tear." Grantee shall also make available Kitchen Food Waste Pails upon individual customer request, to single family residential service recipients. The first Food Waste Pail will be provided at no cost to the resident. Additional food waste Pails, above and beyond the first pail will be charged per Food Waste Pail as outlined in Exhibit "D". 7. Amendment of Exhibit D. Schedules of Rates. The Franchise Agreement is hereby amended by deleting Exhibit D, Schedule of Rates, and in its place substituting a new Exhibit D (October 27, 2015), which is attached hereto as Attachment 1 and incorporated herein as though set forth in full. 8. Continuation of Franchise Terms. Except as specifically amended by this Amendment No. 5, the terms of the Franchise Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF TEMECULA CR&R INCORPORATED Jeff Comerchero Mayor By: Clifford R. Ronnenberg ATTEST: Chief Executive Officer Randi Johl-Olson By: City Clerk David E. Fahrion Division President APPROVED AS TO FORM: Peter M. Thorson City Attorney AMENDMENT NO. 5 TO THE AGREEMENT BETWEEN THE CITY OF TEMECULA AND CR&R INCORPORATED, FOR THE COLLECTION, TRANSPORATION, RECYCLING, COMPOSTING AND DISPOSAL OF SOLID WASTE AND CONSTRUCTION DEBRIS AND FOR PROVIDING TEMPORARY BIN/ROLLOFF SERVICES This Fifth Amendment to the Franchise Agreement is entered into as of October 27, 2015, by and between the City of Temecula, a Municipal Corporation ("City") and CR&R Incorporated, a California Corporation ("Grantee"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. Recitals. This Amendment Number Five is made with respect to the following facts and purposes, which each party agrees to be true and correct: A. On May 28, 1991 the City and Grantee entered into that certain agreement entitled "Agreement Between the City of Temecula and CR&R Incorporated, for the Collection, Transportation, Recycling, Composting and Disposal of Solid Waste and Construction Debris and for Providing Temporary Bin/Rolloff Services. B. The May 28, 1991 Agreement was amended by the parties on August 27, 1996, June 24, 1997, July 25, 2000 and June 13, 2006. For purposes of this Fifth Amendment the May 28, 1991 Franchise Agreement, as amended on August 27, 1996, June 24, 1997, July 25, 2000 and June 13, 2006 shall be referred to as the "Franchise Agreement". C. The parties have determined that the public health, safety and well being will be served by the amendments to the Franchise Agreement set forth in this Amendment Number Five. 2. Amendment to Exhibit C, Recycling Programs, Service Commencement, AB 939 Topics and Facility Considerations. The Franchise Agreement is hereby amended by adding Section J to Exhibit C. as outlined below: J. Effective July 1, 2015 Grantee shall direct all Residential Organic Waste generated within the City Limits to its Anaerobic Digester Processing Facility (AD Facility) located in Perris, California. All Organic Waste processed in the AD Facility shall be diverted from the landfill and receive diversionary credit. Commercial customers shall have the option of diverting their organic waste through Grantee provided Food Waste and Green Waste Programs. The costs for these programs shall be as outlined in Exhibit "D"- Schedule of Rates. 3. Definitions. Section 2 of this Franchise Agreement is hereby amended to read as follows: A. Item "E" shall be replaced to read as follows: E. "Organic Waste" shall mean food waste, green waste, landscape and pruning waste, nonhazardous wood waste and soiled paper waste that is mixed in with food waste. Organic Waste does not include waste types specified as "Special Wastes." B. Item "F" shall be added to read as follows: F. Special Wastes. "Special Wastes" shall mean all the items and materials which are set forth on Exhibit "B." "Special Wastes." 4. Amend Section 5. Services Provided by Grantee. Section 5.0 (4) is hereby amended as follows: (4) Mandatory Commercial Recycling. Grantee shall implement recycling and organic diversion programs for commercial entities in accordance with the requirements of AB 341 (Mandatory Commercial Recycling) and AB 1826 (Organic Waste). Grantee shall use its best efforts to bring commercial entities that meet the criteria of AB 341 and AB 1826 in compliance with State law. Grantee shall conduct a waste audit of all contracted commercial and multi -family accounts to determine their recyclable content, prior to services being rendered. The process used to conduct this waste audit shall be shared with the City of Temecula, the City of Perris, and the County to ensure permit compliance and acceptance. Those accounts that contain a significant recyclable content shall be processed through the Perris Material Recovery Facility (MRF) that currently processes salvaged separate materials for reuse. Customers achieving this content, or higher, shall only be charged the service rates that appear in Exhibit "D" paragraph D.S. Those accounts that do not satisfy the content level, shall have their waste stream disposed of at the landfill and shall only be charged the service rates that appear in Exhibit "D" paragraph D.S. However, if these customers desire to commence a source separated recycling program, a recycling container shall be provided by Grantee and customers shall be charged the additional service rates reflected in Exhibit "D" paragraph D.S., and the source separated recycling rates in Exhibit "D" paragraph D.6. will become a customer option. 5. Section 25. Indemnification and Insurance. Section 25.D. is hereby amended as follows: D. Indemnification. Grantee agrees to protect, defend, with counsel approved by City, and indemnify City against all fines or penalties imposed by the CalRecycle in the event the source reduction and recycling goals of AB 939, the disposal reduction goals of SB 1016, the commercial recycling goals of AB 341, the organic diversion goals of AB 1826, or any other requirement of CalRecycle are not met by the City with respect to the waste stream collected under this Franchise Agreement. City shall use its best efforts to assist and support Grantee in the implementation of existing or new recycling and organics programs which are imposed by CalRecycle. 6. Additional Recycling Containers. Paragraph E. of Exhibit C. of the Franchise Agreement is hereby amended as follows: E. Grantee shall institute a three - sixty (60) gallon container recycling system pursuant to Chapter 8.20 - one container for refuse, one container for organic waste, and one container for commingled recyclables. The initial commingled recycling container and any additional commingled recycling containers needed by residential customers shall be provided by Grantee at Grantee's expense. All containers shall provide the minimum container specifications contained in Exhibit F. Grantee shall replace and repair containers as may be necessary as a result of normal wear and tear." Grantee shall also make available Kitchen Food Waste Pails upon individual customer request, to single family residential service recipients. The first Food Waste Pail will be provided at no cost to the resident. Additional food waste Pails, above and beyond the first pail will be charged per Food Waste Pail as outlined in Exhibit "D". 7. Amendment of Exhibit D, Schedules of Rates. The Franchise Agreement is hereby amended by deleting Exhibit D, Schedule of Rates, and in its place substituting a new Exhibit D (October 27, 2015), which is attached hereto as Attachment 1 and incorporated herein as though set forth in full. 8. Continuation of Franchise Terms. Except as specifically amended by this Amendment No. 5, the terms of the Franchise Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF TEMECULA CR&R INCORPORATED Jeff Comerchero Mayor By: Clifford R. Ronnenberg ATTEST: Chief Executive Officer Randi Johl By: City Clerk David E. Fahrion Division President APPROVED AS TO FORM: Peter M. Thorson City Attorney ATTACHMENT 1 TO AMENDMENT NO. 5 NEW EXHIBIT "D" (October 27, 2015) TO THE FRANCHISE AGREEMENT Schedule of Rates 1 Mechanized single family detached residential collection, recycling, composting, transfer, and disposal grantee billing Monthly Rate: $ 20.05 Monthly AD Rate Effective 7/1/15 — 6/30/16 $ .98 2. Mechanized single family detached residential collection, recycling, composting, transfer, and disposal parcel charge Monthly Rate: Monthly AD Rate Effective 7/1/15 — 6/30/16 $ 20.05 $ .98 3. Mechanized single family detached residential additional refuse, and composting container grantee billing Monthly Rate: $ 8.78 4. Single family detached residential additional bulky item pick up — grantee billing Pick Up Rate: $ 10.38 5. Commercial, industrial, and multi -family residential refuse monthly bin rates (one 2 cubic yard bin) with the following pick-ups per week: 1 x week $ 94.91 2 x week $ 188.55 3 x week $ 282.17 4 x week $ 375.79 5 x week $ 469.43 6 x week $ 563.04 7 x week $ 656.68 Compacted 2 Cubic Yard monthly rate: 2.5 x monthly rate 6. Commercial, industrial, and multi -family residential refuse monthly bin rates (one 3 cubic yard bin) with the following pick-ups per week: 1 x week $ 109.10 2 x week $ 216.93 3 x week $ 324.77 4 x week $ 432.58 5 x week $ 540.39 6 x week 7 x week $ 648.22 $ 756.05 Compacted 3 Cubic Yard monthly rate: 2.5 x monthly rate 7 Commercial, industrial, and multi -family residential recycling monthly bin rates (one 3 cubic yard bin) with the following pick-ups per week: 1 x week 2 x week 3 x week 4 x week 5 x week 6 x week 7 x week $ 47.63 $ 95.28 $ 142.90 $ 190.53 $ 238.14 $ 285.78 $ 333.39 8. Commercial, industrial, and multi -family residential refuse monthly bin rates (one 4 cubic yard bin) with the following pick-ups per week: 1 x week 2 x week 3 x week 4 x week 5 x week 6 x week 7 x week $ 123.34 $ 245.41 $ 367.47 $ 489.54 $ 611.60 $ 733.65 $ 855.74 Compacted 4 Cubic Yard monthly rate: 2.5 x monthly rate 9. Commercial, industrial, and multi -family residential recycling monthly bin rates (one 4 cubic yard bin) with the following pick-ups per week: 1 x week 2 x week 3 x week 4 x week 5 x week 6 x week 7 x week $ 63.06 $ 126.16 $ 189.21 $ 252.30 $ 315.37 $ 378.46 $ 441.50 10. Temporary 3 cubic yard bin rate: $ 95.97 per load 11. Temporary or Regular Service extra 2, 3 or 4 cubic yard: $ 51.77 pick up 12. Redeliver and reinstatement rate: $ 39.47 per occurrence 13. Roll -off Delivery Fee: $ 68.84 per bin 14. Roll -off disposal rate: $ 222.92 + MRF/landfill/AD fee 15. Roll -off recycling rate: $ 222.92 + market valve 16. Roll -off compactor rate: $ 310.38 + MRF/landfill/AD Fee 17. Roll -off recycling compactor rate: $ 310.38 + market valve 18. Scheduled Extra Green Waste Pick-up (up to 10 bags): $ 10.00 per pick up 19. Non -Scheduled Extra Green Waste Pick-up (up to 10 bags):$ 25.00 per pick up 20. E -Waste Pick up: no charge 21. "Hard to service" vehicle usage rate: no charge 22. "Hard to service" bin moving rate: no charge 23. Special bin lids (locking/CBL) rate: no charge 24. Deodorizing / replacing bin rate: no charge 25. Recycle Bin Contamination Fee: $ 45.54 per bin 26. MRF Fee: $ 47.12 per ton 27. C&D Fee: $ 47.12 per ton 28. Inert Disposal: $ 125.00 per load 29. AD Fee: $ 72.50 per ton 30. Extra Food Waste Pail: $ 7.00 per pail 31. Annual Adiustment of Rates. The rates in paragraph D 1-29 above shall be automatically adjusted to reflect changes in: (1) the Bureau of Labor Statistics Consumer Price Index (CPI) and (2) landfill tipping fees. The first adjustment following Amendment No. 5 shall be on July 1, 2016. A. The CPI adjustment shall be equal to the amount derived by multiplying (1) the previous rate by (2) the percentage increase or decrease in the Bureau of Labor Statistics Consumer Price Index (CPI) for all urban consumers within the Los Angeles - Anaheim -Riverside Metropolitan Areas during the prior calendar year, excluding the housing component. The comparison shall be made for each calendar year during the term thereof and shall be effective each July 1St B. The landfill tipping fee adjustment shall be a pro -rata pass through of any tipping fee increase or decrease, and shall be effective at the start of the first full billing period after the landfill tipping fee is adjusted. As of the effective date of Amendment No. 5, the landfill tipping fee is $27.95 per ton. C. The formulas for the annual CPI and Landfill Tipping Fee Adjustments are as follows: 1. CPI Formula: a. Exhibit "D" paragraphs 1-4: (Rate x 78%) x CPI b. Exhibit "D" paragraphs 5-17: (Rate x 71.5%) x CPI c. Exhibit "D" paragraphs 25-29: Rate x 100%) x CPI 2. Landfill Tipping Fee Formula: a. $.21 per $1.00/ton landfill increase or decrease times current published residential recycling (less green waste) diversion rate, e.g., $8.00 landfill increase with a 25% diversion rate equals: $.21 x $8.00 = $1.68 x 25% = $.42 - $1.68 = $1.26 rate increase. b. $.91 per $1.00/ton landfill increase or decrease times current published nonresidential recycling (less green waste, concrete, and asphalt) diversion rate. e.g., $8.00 landfill increase with 25% diversion rate equals: $.91 x $8.00 = $7.28 x 25% = $1.82 - $7.28 = $5.46 rate increase. 31. Extraordinary Costs. A. In addition to, and not in lieu of, the annual CPI increase or decrease described in paragraph D 1-29, above, Grantee shall also be entitled to rate increases or decreases in an amount equal to Grantee's extraordinary increases or decreases in its cost of collection. Such extraordinary cost increases or decreases shall be subject to City Council approval. Since tipping fee adjustments shall be a pro -rata pass through to City, Grantee's material recovery facility or transfer station processing fees, now or later imposed, shall neither be levied on City nor added to the rates in Exhibit "D". Such extraordinary increases or decreases in its cost of collection shall include, by way of example and not by way of limitation: (1) a change in the location of the landfill or other lawful disposal sites to which the Grantee is required to transport solid waste collected hereunder; (2) levied material recovery facility host fees; and (3) changes in the local, State or Federal laws governing street sweeping and temporary bin/roll-off services and collection, separation, transportation, recycling, composting, or disposal of solid waste and construction and street debris. B. Grantee shall not begin to charge customers for residential recycling until the effective date of the respective recycling programs. Item No. 8 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: October 27, 2015 SUBJECT: Grant a Non -Exclusive Easement to Southern California Edison Company in Connection with the Interstate 15 / State Route 79 South Ultimate Interchange Project PREPARED BY: Amer Attar, Principal Engineer Avlin R. Odviar, Senior Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA GRANTING A NON-EXCLUSIVE EASEMENT TO THE SOUTHERN CALIFORNIA EDISON COMPANY FOR THE RELOCATION OF ELECTRICAL FACILITIES IN CONNECTION WITH THE INTERSTATE -15 / STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE PROJECT (ASSESSOR'S PARCEL NUMBERS 922-210-057, 922-210-059, AND 922-210-060) 2. Authorize the City Manager to execute any necessary documents, including the Grant of Easement. BACKGROUND: In 2005, the City purchased land identified by Assessor's Parcel Numbers (APN) 922-210-060 and 922-210-061, located at the southerly terminus of Old Town Front Street, south of State Route 79 South. As purchased, the property includes an easement for pole lines, conduit, underground facilities and incidental purposes in favor of the Southern California Edison Company (SCE). Construction of the Interstate -15 / State Route 79 South Ultimate Interchange project (Project) will place new freeway on and offramps in areas which overlap the SCE easement and its facilities within the easement. These facilities must be relocated to comply with Caltrans' policies of curtailing utility encroachments within State right of way. Accordingly, the City is obliged to provide an equivalent, replacement easement for the SCE facilities to be relocated. The proposed replacement easement is shown on the attached plat map. It spans portions of City -owned lands including APNs 922-210-057, 922-210-059, and 922-210-060. It has been prepared based on the utility relocation plans prepared and approved by SCE and the City. The Grant of Easement provides rights in the proposed replacement easement that are comparable and equivalent to those of the existing SCE easement. After the project has been constructed and SCE has accepted the relocated electrical facilities, SCE will release the portions of its existing easement that were vacated by the utility relocations. Since SCE will not benefit by accepting the replacement easement and releasing the existing easement, and since the City will not benefit from granting the replacement easement and accepting the released easement, there will be no payments exchanged between the parties in either of the transactions. FISCAL IMPACT: to grant Southern California ATTACHMENTS: There is no fiscal impact associated with adoption of the resolution Edison Company the non-exclusive easement. 1. Resolution 2. Grant of Easement 3. Plat Map 4. Project Description 5. Project Location RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA GRANTING A NON-EXCLUSIVE EASEMENT TO THE SOUTHERN CALIFORNIA EDISON COMPANY FOR THE RELOCATION OF ELECTRICAL FACILITIES IN CONNECTION WITH THE INTERSTATE -15 / STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE PROJECT (ASSESSOR'S PARCEL NUMBERS 922-210- 057, 922-210-059, AND 922-210-060) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The City of Temecula is the sponsor and implementing agency for the Interstate -15 / State Route 79 South Ultimate Interchange project (Project). The Project proposes to modify freeway facilities, which are the jurisdiction of the State of California, Department of Transportation (Caltrans). B. The City of Temecula owns properties identified as Assessor's Parcel Numbers 922-210-057, 922-210-059, 922-210-060, and 922-210-061, located at the southerly terminus of Old Town Front Street, south of State Route 79 South. C. The Southern California Edison Company owns and operates electric facilities within its easements recorded on APNs 922-210-060 and 922-210-061. D. The proposed Project will construct new freeway on- and off -ramps in areas which overlap the SCE electric facilities and easements. E. Caltrans maintains policies to curtail utility encroachment within State right of way. F. As Project sponsor and implementing agency, the City must provide for the relocation of the SCE facilities which would be in conflict with the proposed State right of way, per Caltrans policies on utility encroachment. G. As Project sponsor and implementing agency, the City must provide for replacement easements and rights for the relocated SCE facilities. Such easements and rights shall be equivalent in practice to the easements and rights being replaced. H. The Grant of Easement has been prepared based on utility relocation plans designed by SCE and the City and in consideration of the terms and rights of SCE under the existing easements. The new easement spans City -owned properties identified as APNs 922-210-057, 922-210-059, and 922-210-060. After completion of the Project, and SCE acceptance of the relocated electric facilities, SCE will release portions of its easements that were vacated by the relocated electric facilities. Section 2. Approval of Grant of Easement. The City Council of the City of Temecula approves the Grant of Easement, granting to the Southern California Edison Company a non-exclusive easement and right of way for electric facilities relocated as part of the Interstate -15 / State Route 79 South Ultimate Interchange project. The City Manager is hereby authorized to execute the Grant of Easement on behalf of the City. Section 3. City Manager's Authority. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to carry out and implement the Grant of Easement, and to administer the City's obligations, responsibilities, and duties to be performed under the Grant of Easement. Section 4. Certification. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 27th day of October, 2015. Jeff Comerchero, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 15- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 27th day of October, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk iJ RECORDING REQUESTED BY SOUTHERN CALIFORNIA EDISON An EDISON INTERNATIONAL Company WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY Real Properties 2131 Walnut Grove Avenue, 2nd Floor Rosemead, CA 91770 Attn: Distribution/TRES GRANT OF EASEMENT SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ NONE (VALUE THE CITY OF TEMECULA, a municipal corporation (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), a non-exclusive easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above -ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence by electrical means, in, on, over, under, across and along that certain real property in the County of Riverside, State of California, described as follows: VARIOUS STRIPS OF LAND LYING WITHIN PARCEL "A" OF LOT LINE ADJUSTMENT NO. PA 98-0331, RECORDED ON NOVEMBER 14, 2000 AS DOCUMENT NO. 2000-453433, OF OFFICIAL RECORDS, AND WITHIN "REMAINDER PARCEL" AS SHOWN ON PARCEL MAP 28627-1, AS PER MAP FILED IN BOOK 200, PAGES 100 THROUGH 102 OF PARCEL MAPS, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE CENTERLINES OF SAID STRIPS ARE DESCRIBED AS FOLLOWS: STRIP #1 (14.00 FEET WIDE) COMMENCING AT A POINT IN THE SOUTHERLY LINE OF WESTERN BYPASS CORRIDOR, AS SHOWN ON SAID PARCEL MAP 28627-1, SAID POINT ALSO BEING THE INTERSECTION OF THE WESTERLY LINE OF SAID PARCEL "A" WITH THAT CERTAIN COURSE THE SOUTHERLY LINE OF THAT PORTION OF SAID PARCEL "A", MORE PARTICULARLY DESCRIBED AS PARCEL "B" IN THE OFFER OF DEDICATION — ROAD PURPOSES, RECORDED ON JUNE 20, 2001 AS DOCUMENT NO. 2001-280976, OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID CERTAIN COURSE BEING DESCRIBED AS "NORTH 82°44'46" EAST 92.27 FEET' IN SAID OFFER OF DEDICATION — ROAD PURPOSES; THENCE ALONG SAID CERTAIN COURSE, NORTH 82°44'46" EAST 9.95 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING ALONG SAID CERTAIN COURSE, NORTH 82°44'46" EAST 42.68 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CERTAIN COURSE, SOUTH 07°15'14" EAST 12.36 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE CONTINUING SOUTH 07°15'14" EAST 7.05 FEET TO A POINT OF ENDING. STRIP #2 (6.00 FEET WIDE) BEGINNING AT SAID POINT "B"; THENCE NORTH 82°44'46" EAST 14.00 FEET TO A POINT OF ENDING, EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN STRIP #1 DESCRIBED HEREINABOVE. DISTRICT Wildomar VJaRRaiiBER TD849976 IDEIJTITY MAP SIZE AND CONSIDERATION LESS THAN $100.001 SCE Company FIM: 479-1728-0 APN: 922-210-057, 059, and 060 APPROVED: Real Properties BY SLS/BT DATE 09/22/2015 SIG, OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME THE CITY OF TEMECULA, a municipal corporation (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), a non-exclusive easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above -ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence by electrical means, in, on, over, under, across and along that certain real property in the County of Riverside, State of California, described as follows: VARIOUS STRIPS OF LAND LYING WITHIN PARCEL "A" OF LOT LINE ADJUSTMENT NO. PA 98-0331, RECORDED ON NOVEMBER 14, 2000 AS DOCUMENT NO. 2000-453433, OF OFFICIAL RECORDS, AND WITHIN "REMAINDER PARCEL" AS SHOWN ON PARCEL MAP 28627-1, AS PER MAP FILED IN BOOK 200, PAGES 100 THROUGH 102 OF PARCEL MAPS, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE CENTERLINES OF SAID STRIPS ARE DESCRIBED AS FOLLOWS: STRIP #1 (14.00 FEET WIDE) COMMENCING AT A POINT IN THE SOUTHERLY LINE OF WESTERN BYPASS CORRIDOR, AS SHOWN ON SAID PARCEL MAP 28627-1, SAID POINT ALSO BEING THE INTERSECTION OF THE WESTERLY LINE OF SAID PARCEL "A" WITH THAT CERTAIN COURSE THE SOUTHERLY LINE OF THAT PORTION OF SAID PARCEL "A", MORE PARTICULARLY DESCRIBED AS PARCEL "B" IN THE OFFER OF DEDICATION — ROAD PURPOSES, RECORDED ON JUNE 20, 2001 AS DOCUMENT NO. 2001-280976, OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID CERTAIN COURSE BEING DESCRIBED AS "NORTH 82°44'46" EAST 92.27 FEET' IN SAID OFFER OF DEDICATION — ROAD PURPOSES; THENCE ALONG SAID CERTAIN COURSE, NORTH 82°44'46" EAST 9.95 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING ALONG SAID CERTAIN COURSE, NORTH 82°44'46" EAST 42.68 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CERTAIN COURSE, SOUTH 07°15'14" EAST 12.36 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE CONTINUING SOUTH 07°15'14" EAST 7.05 FEET TO A POINT OF ENDING. STRIP #2 (6.00 FEET WIDE) BEGINNING AT SAID POINT "B"; THENCE NORTH 82°44'46" EAST 14.00 FEET TO A POINT OF ENDING, EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN STRIP #1 DESCRIBED HEREINABOVE. STRIP #3 (6.00 FEET WIDE) BEGINNING AT SAID POINT "A"; THENCE SOUTH 07°18'31" EAST 218.31 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 35.00 FEET; THENCE SOUTHERLY, SOUTHEASTERLY, AND EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 64°56'43" AN ARC DISTANCE OF 39.67 FEET; THENCE SOUTH 72°15'14" EAST 171.23 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 12.50 FEET; THENCE EASTERLY, SOUTHEASTERLY, AND SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 76°56'04" AN ARC DISTANCE OF 16.78 FEET; THENCE SOUTH 04°40'50" WEST 37.28 FEET; THENCE SOUTH 00°58'11" EAST 38.97 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 325.00 FEET; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 58°15'07" AN ARC DISTANCE OF 330.42 FEET; THENCE SOUTH 59°13'19" EAST 519.10 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 256.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27°48'54" AN ARC DISTANCE OF 124.28 FEET; THENCE SOUTH 31°24'24" EAST 125.00 FEET TO A POINT OF ENDING. THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO TERMINATE NORTHERLY IN THE SOUTHERLY LINE OF SAID WESTERN BYPASS CORRIDOR AND TO JOIN AT THE ANGLE POINT. It is understood and agreed that the above description is approximate only, it being the intention of the Grantor(s) to grant a non-exclusive easement for said systems as constructed. The centerline of the easement shall be coincidental with the centerline of said systems as constructed in, on, over, under, across, and along the Grantor(s) property. This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code. Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable. 2 DSE801389790 TD849796 EXECUTED this day of , 20_. GRANTOR THE CITY OF TEMECULA, a municipal corporation Signature Print Name Title A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, notary public, (here insert name) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature 3 (This area for notary stamp) DSE801389790 TD849796 EXECUTED this day of 20 . GRANTEE SOUTHERN CALIFORNIA EDISON COMPANY, a corporation Signature Print Name Title A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, (here insert name) notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature 4 (This area for notary stamp) DSE801389790 TD849796 r --POC STRIP #1 WESTERN BYPASS CORRIDOR SEE SHEET 2 POR. PARCEL "A" LLA NO. PA 98-0331 REC. 11/14/2000 DOC. # 2000-453433, O.R. RIVERSIDE CO. l6 cia SHEET 1 OF 3 SCALE: 1 "=1 50' CURVE TABLE CURVE # RADIUS DELTA LENGTH C3 325.00' 58'15'07" 330.42' C4 256.00' 27'48'54" 124.28' I,1 -1i) I4 L 1� r L SEE SHEET 3 LEGEND r---1 DENOTES SCE EASEMENT AREA POC = POINT OF COMMENCEMENT TPOB = TRUE POINT OF BEGINNING "REMAINDER" PARCEL PARCEL MAP 28627-1 P.M.B. 200/100-102 RIVERSIDE CO. STRIP #3 6' WIDE LINE TABLE LINE # DIRECTION LENGTH L10 S59'13'19"E 519.10' L11 S31'24'24"E 125.00' SCE EASEMENT DSE801389790 TD849796 SLS/BT 07/10/15 1 SCALE: 1 "= 30' SHEET 2 OF 3 POC STRIP #1 1\182.44'46'E WESTERN BYPASS SS CORRWWO - TPOB STRIP #1 92.27' L5 L1 "REMAINDER" PARCEL PARCEL MAP 28627-1 P.M.B. 200/100-102 RIVERSIDE CO. PT. L3 L4 STRIP #1 14' WIDE STRIP #3 6' WIDE SEE SHEET 3 PT. - S'LY LINE PARCEL "B" PER OFFER OF DEDICATION REC. 06/20/2001 DOC. #2001-280976, O.R. RIVERSIDE CO. STRIP #2 6' WIDE POR. PARCEL "A" LLA NO. PA 98-0331 REC. 11/14/2000 DOC. # 2000-453433, O.R. RIVERSIDE CO. LINE TABLE LINE # DIRECTION LENGTH L1 N82'44'46"E 9.95' L2 N82' 44'46"E 42.68' L3 SOT 15'14"E 12.36' L4 S07' 15' 14"E 7.05' L5 N82'44'46"E 14.00' L6 S07'18'31 "E 218.31' SEE SHEET 2 POR. PARCEL "A" LLA NO. PA 98-0331 REC. 11/14/2000 DOC. # 2000-453433, O.R. RIVERSIDE CO. SHEET 3 OF 3 • ii wi • STRIP #3 6' WIDE LINE TABLE LINE # DIRECTION LENGTH L6 S07' 18'31 "E 218.31' L7 S72' 15' 14"E 171.23' L8 SO4'40'50"W 37.28' L9 S00'58'11"E 38.97' CURVE TABLE CURVE # RADIUS DELTA LENGTH C1 35.00' 64'56'43" 39.67' C2 12.50' 76'56'04" 16.78' C3 325.00' 58'15'07" 330.42' 1 SCALE: 1 "=30' ii +iw rw www iy iii �w wii • • r r r' 1 �1CO ro+� "REMAINDER" PARCEL PARCEL MAP 28627-1 P.M.B. 200/100-102 RIVERSIDE CO. O) 4 i t i 1 1 1 �1 1 i 14 4 t 0 1k.1 w 1 .1 ► ►►► ► SEE SHEET 1 1, % 1 . L Capital Improvement Program Fiscal Years 2016-20 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 Interstatel5 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 2015-16. Department: Public Works - Account No. 210.165.662 Level: I Project Cost: Prior Years Actual Expenditures FYE 2015 2015-16 Carryover Adopted Budget Appropriation 2016-17 2017-18 2018-19 2019-20 Total Project Projected Projected Projected Projected Cost Administration Acquisition $ 589,258 $13,032,131 $ 50,274 $ 187,010 $ 216,000 $ 162,000 $ 108,000 $ 1,125,532 $13,219,141 Construction $ 104,088 $ 13,759,244 $7,826,825 $3,759,467 $2,506,311 $27,955,935 Construction $10,018,141 $1,245,342 $ 2,966,503 $ 162,000 $ 62,837 $14,454,823 Engineering $ 1,750,000 $1,750,000 $ 3,500,000 Design $ 3,837,457 $ 255,058 $ 4,092,515 MSHCP $ 1,400,000 $ 753,000 $ 4,000,000 $ 753,000 Totals $17,562,934 $1,245,342 $ 15,725,244 $9,738,825 $3,867,467 $2,506,311 $ - $50,646,123 Source of Funds: Prior Years Actual Expenditures FYE 2015 2015-16 Carryover Adopted Budget Appropriation 2016-17 Projected 2017-18 Projected 2018-19 2019-20 Total Project Projected Projected Cost CFD (Crowne Hill) Reimbursement/ Other (Morgan Hill) $ 502,211 $ 1,190,582 $ 502,211 $ 1,190,582 SAFE IEA -LU $ 1,600,000 $ 1,600,000 Senate Bill 621 $10,018,141 $1,245,342 $ 2,966,503 $ 162,000 $ 62,837 $14,454,823 STP (Rcrc)(" $ 7,158,741 $5,817,359 $12,976,100 TUMF (RCTC/CETAPP $ 4,452,000 $ 4,452,000 TUMF (RCTC/Region)(3) $ 1,400,000 $ 4,000,000 $ 5,400,000 TUMF (WRCOG)'4 $3,759,466 $3,804,630 $2,506,311 $10,070,407 Total Funding: $17,562,934 $1,245,342 $ 15,725,244 $9,738,825 $3,867,467 $2,506,311 $50,646,123 Future Operation & Maintenance Costs: 2015-16 2016-17 2017-18 1111 $ 6,242 2018-19 2019-20 6,367 $ 6,494 (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). Fiscal Years 2016-20 Capital Improvement Program 49 INTERSTATE -15 / HIGHWAY 79 SOUTH ULTIMATE INTERCHANGE Circulation Project Location Aerial Data - March 2012 Feet 0 262.5 525 1,050 �r 48 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: October 27, 2015 SUBJECT: Approve a Purchase and Sale Agreement with the Metropolitan Water District of Southern California (MWD) in Connection with the Old Town Front Street Pavement and Storm Drain Rehabilitation, PW12-14 PREPARED BY: Amer Attar, Principal Engineer Jon Salazar, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A PURCHASE AND SALE AGREEMENT BETWEEN THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA (MWD) AND THE CITY OF TEMECULA IN CONNECTION WITH THE OLD TOWN FRONT STREET PAVEMENT AND STORM DRAIN REHABILITATION PROJECT 2. Authorize the City Manager to approve and execute any necessary documents, and to take all necessary actions to complete this real estate transaction. BACKGROUND: The City of Temecula seeks to purchase a permanent easement located at 28991 Old Town Front Street in connection with the Old Town Front Street Pavement and Storm Drain Rehabilitation Project ("Project"). The City seeks to purchase the real property interests from Metropolitan Water District of Southern California (MWD) in order to construct the Project. Specifically, the City seeks to purchase an approximate 5,160 square -foot permanent easement on Riverside County Tax Assessor's Parcel No. 922-110-022 located in Temecula, California. MWD and City staff have negotiated the terms of the City's purchase of the subject property and have reached an agreement on the terms, subject to approval by the City Council. Pursuant to the terms of the Purchase and Sale Agreement, the City will pay to MWD the purchase price of $25,284 within 15 business days after the approval of the conveyance of the Grant of Permanent Easement by the MWD Board of Directors. The City has previously paid to MWD the sum of $6,000 for MWD's administrative fees to process the City's purchase. The total compensation including the administrative fees is $31,284. The Project consists of pavement rehabilitation work on Old Town Front Street between Temecula Parkway and First Street, and storm drain work on Old Town Front Street that extends onto the parcel on which the permanent easement is being sought. The storm drain work within the parcel consists of the removal and replacement of existing concrete ribbon gutter, installation of approximately 180 linear feet of 30 -inch high density polyethylene (HDPE) storm drain pipe, installation of a 36 -inch diameter, 13 -foot deep packaged stormwater lift station and associated electrical lines, installation of a 12 -inch by 12 -inch cast -in-place concrete storm drain inlet, and parking lot repaving work. Additional storm drain work being performed within the City right of way includes the removal of an existing 16 -inch wide concrete cross - gutter in Old Town Front Street, installation of two 24 -inch HDPE storm drain lines, and construction of two cast -in-place concrete stormwater catch basins. FISCAL IMPACT: The Old Town Front Street Pavement and Storm Drain Rehabilitation is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2016-20, and is funded with Measure A (pavement rehab work) and General Fund Contributions (pavement rehab and storm drain work). The $6,000 MWD administrative fees have already been expended from the project budget. The purchase price of $25,284 will be drawn from the project accounts. There are sufficient funds in the project accounts to cover the required expense. ATTACHMENTS: 1. Resolution 2. Purchase and Sale Agreement 3. Permanent Easement Area Map RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA (MWD) IN CONNECTION WITH THE OLD TOWN FRONT STREET PAVEMENT AND STORM DRAIN REHABILITATION PROJECT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California. The Old Town Front Street Pavement and Storm Drain Rehabilitation Project ("Project") is identified in the City's Capital Improvement Program for Fiscal Years 2016-20. The Project will rehabilitate the pavement on Old Town Front Street between Temecula Parkway and First Street and construct certain storm drain improvements on Old Town Front Street. The storm drain improvements include the removal and replacement of existing concrete ribbon gutter, installation of approximately 180 linear feet of 30 -inch high density polyethylene (HDPE) storm drain pipe, installation of a 36 -inch diameter, 13 -foot deep packaged stormwater lift station and associated electrical lines, installation of a 12 -inch by 12 -inch cast -in- place concrete storm drain inlet, and parking lot repaving work. Additional storm drain work being performed within the City right of way includes the removal of an existing 16 - inch wide concrete cross -gutter in Old Town Front Street, installation of two 24 -inch HDPE storm drain lines, and construction of two cast -in-place concrete stormwater catch basins. B. The construction of the Project will require the acquisition of an approximate 5,160 square foot permanent easement ("Subject Easement") on the real property identified Riverside County Tax Assessor's Parcel Number 922-110-022, which is owned by The Metropolitan Water District of Southern California ("MWD"). The construction of the Project also requires the acquisition of an approximate 12,540 square foot right of entry ("Right of Entry") for a period of three months over an approximate 12,000 square foot portion of the MWD Parcel and 540 square foot portion of the adjacent parcel located at 28991 Old Town Front Street, and identified as Riverside County Tax Assessor's Parcel Number 922-110-038, which is owned by The Stewart Group, LLC. The City has acquired the Right of Entry from The Stewart Group, LLC. 1 C. Pursuant to Government Code section 7267.2, the City Council set just compensation for the Subject Easement at the fair market value as determined by the City's independent appraiser based on a September 2014 date of value. The City Council also authorized its real property negotiators to extend a written offer and negotiate the acquisition of the Subject Easement. D. On March 3, 2015, the City extended to MWD an offer to purchase the Subject Easement pursuant to Government Code section 7267.2. MWD submitted a counter-offer to the City dated April 21, 2015 regarding the City's purchase of the Subject Easement. The Parties have negotiated an agreement for the City's purchase of the Subject Easement, subject to approval by the City Council and the MWD Board of Directors. E. Pursuant to the attached Purchase and Sale Agreement, the City will pay to MWD the sum of $25,284 as the Purchase Price for the Subject Easement. As part of the total compensation for the Subject Easement, the City was required to pay to MWD the sum of $6,000 in administrative costs in connection with MWD's processing of the Purchase and Sale Agreement and the Subject Easement. Section 2. Approval of Purchase and Sale Agreement. The City Council of the City of Temecula hereby approves that certain agreement entitled "Purchase and Sale Agreement Between the City of Temecula and the Metropolitan Water District of Southern California (Permanent Easement on APN 922-110-022)", with such changes as may be mutually agreed upon by MWD and the City Manager as are in substantial conformance with the form of the Purchase and Sale Agreement on file in the Office of the City Clerk. The Mayor is hereby authorized to execute the Purchase and Sale Agreement on behalf of the City. A copy of the final Purchase and Sale Agreement, when executed by the Mayor, shall be placed on file in the Office of the City Clerk. Section 3. City Manager's Authority. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to carry out and implement the Purchase and Sale Agreement, and to administer the City's obligations, responsibilities and duties to be performed under said Agreement, including but not limited to, approval and execution on behalf of the City of any such documents that are necessary and convenient to implement the Purchase and Sale Agreement and effect the transfer of the Subject Easement, escrow instructions, certificates of acceptance, and other similar agreements and documents as contemplated by or described in said Agreement or as necessary and convenient to implement the Purchase and Sale Agreement. Section 4. Environmental Analysis. The City studied the environmental effects of the Project pursuant to the California Environmental Quality Act ("CEQA") and the CEQA Guidelines. Pursuant to the CEQA Guidelines, the City found that the Project is exempt from further review under CEQA. Specifically, the City found that the Project involves rehabilitation of approximately 3,500 linear feet of existing pavement on Old Town Front Street and the replacement of a surface cross gutter by undergrounding it to improve the safety of motorists, bicyclists and pedestrians. The Project does not 2 involve the expansion of use of either the existing roadway or storm drain. The City found that pursuant to CEQA Guidelines, the exemption is consistent with Section 15301, Class 1, a Categorical Exemption, which allows for the maintenance of existing highways and streets with negligible or no expansion of the existing use. The City duly filed a Notice of Exemption for the Project with the Riverside County Clerk's Office on June 2, 2014 in accordance with CEQA. In connection with the attached Purchase and Sale Agreement, City staff reviewed the environmental documentation prepared in connection with the Project. Pursuant to the criteria of section 15162 of the CEQA Guidelines and section 21166 of the Public Resources Code, City staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under which the Project is undertaken, and that the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the acquisition and/or use of the Subject Easement for the construction of the Project. Section 5. 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 27th day of October, 2015. ATTEST: Randi Johl, City Clerk [SEAL] 3 Jeff Comerchero, Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 15- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 27th day of October, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 4 Randi Johl, City Clerk Permanent Easement on Riverside County Tax Assessor's Parcel No 922-110-022 located in Temecula, California County of Riverside San Diego Pipeline No. 4 & 5 MWD Parcel No. 142-4-10PEC200 (Portion) WSO Lake Skinner Team R.L. 4007 Substructures Job No 4041-13-002 Deed No. PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA (Permanent Easement on APN 922-110-022 - Document No. ) This Purchase and Sale Agreement (Permanent Easement on APN 922-110-022 - Document No. ) is entered into by and between the City of Temecula, a municipal corporation ("City" or "Grantee") and the Metropolitan Water District of Southern California ("MWD" or "Grantor"), and constitutes an agreement to purchase and sell real property between the Parties. The City and MWD are referred to collectively in this Agreement as the "Parties". This Agreement shall become effective on the date that it is fully executed by the Parties ("Effective Date"). RECITALS A. MWD is the record fee owner of the real property located in the City of Temecula, County of Riverside, State of California, identified as Riverside County Tax Assessor's Parcel Number 922-110-022 ("MWD Parcel"). B. The City seeks to acquire an approximate 5,160 square foot permanent easement on the MWD Parcel to construct the proposed City-wide Storm Drain Improvements - Old Town Front Street Pavement and Storm Drain Rehabilitation Project ("Project"). The Project will replace and rehabilitate existing storm drain improvements, as well as replace distressed pavement along Old Town Front Street. The approximate 5,160 square foot permanent easement ("Subject Easement") is described more particularly on Exhibit "A" and depicted on Exhibit "B" hereto, which are incorporated herein by this reference. C. On March 3, 2015, the City extended to MWD an offer to purchase the Subject Easement pursuant to Government Code section 7267.2. MWD submitted a counter-offer to the City dated April 21, 2015 regarding the City's purchase of the Subject Easement. The Parties have negotiated an agreement for the City's purchase of the Subject Easement, subject to approval by the City Council and MWD. D. MWD desires to sell, and the City desires to buy, the Subject Easement, on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the above Recitals, which are incorporated herein by this reference, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, MWD and the City mutually agree as follows. 1. Purchase and Sale. MWD agrees to sell the Subject Easement to the City and the City agrees to purchase the Subject Easement from MWD on the terms and conditions set forth in this Agreement. The City and MWD have herein set forth the whole of their Agreement. The performance of this Agreement constitutes the entire consideration for the Subject Page 1 of 11 1853774v3 Easement, and shall relieve the City of all further obligations or claims on this account, or on account of the location, implementation, construction or operation of the Project, except as otherwise provided herein. 2. Subject Easement. The City requires the Subject Easement described above in Recital B and on Exhibits "A" and "B" hereto from the MWD Parcel to construct the Project, a public use for which the City has authority to exercise the power of eminent domain. MWD agrees to sell, and City agrees to acquire said Subject Easement conveyed by the form of Grant of Permanent Easement attached as Exhibit "C" hereto and incorporated herein by this reference. Both the City and MWD recognize the expense, time, effort and risk to both Parties in determining the compensation for the Subject Easement by eminent domain litigation; and the compensation set forth herein is in compromise and settlement, in lieu of such litigation. 3. Total Just Compensation. The Total Just Compensation that the City shall pay to MWD for the Subject Easement consists of the Purchase Price and the Administrative Costs set forth below. a. Purchase Price. The City shall pay to MWD the sum of $25,284 ("Purchase Price") for the Subject Easement. b. Administrative Costs. The City has paid to MWD the total sum of $6,000 for MWD's administrative costs in connection with processing this Agreement and for the conveyance of the Subject Easement contemplated by this Agreement by issuing Warrant No. 171806 in the amount of $6,000 payable to the Metropolitan Water District. 4. Title and Title Insurance. a. The City may, at its sole discretion, require that a title company of its choice ("Title Company") issue a CLTA Owner's Standard Coverage Policy of Title Insurance that insures the City's easement interest in the Subject Easement in the amount of the Purchase Price ("Policy"). Within five (5) business days of the Effective Date, the City will notify MWD in writing of its election regarding the Policy. If the City elects to obtain the Policy, the Title Company will provide to the City copies of all instruments identified as exceptions on said title commitment. The City will pay for all costs relating to the Policy. In such case, the City will provide to MWD a copy of the title commitment and all instruments identified as exceptions on said title commitment if requested in writing by MWD. b. The Policy provided for pursuant to Section 4.a. will insure the City's easement interest in the Subject Easement free and clear of all liens, encumbrances, restrictions, and rights-of-way of record, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): General and special real property taxes for the then current tax fiscal year that are a lien not then due and payable. ii. The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Subject Easement; and iii. Those non -monetary exceptions approved by the City within ten business days after the date the City receives the title commitment and legible copies of all instruments noted as exceptions therein. Page 2 of 11 1853774v3 (1) Unconditional Disapproval of Exceptions. The City will notify MWD in writing of its unconditional disapproval of any such exceptions within five (5) business days after the date the City receives the title commitment and legible copies of all instruments noted as exceptions therein. If the City unconditionally disapproves any such exceptions, this Agreement will have no further force or effect. (2) Conditional Disapproval of Exceptions. The City will notify MWD in writing of its conditional disapproval of any such exceptions within five (5) business days after the date the City receives the title commitment and legible copies of all instruments noted as exceptions therein. If the City conditionally disapproves any such exceptions, MWD will use its best efforts to cause the exceptions to be removed within 30 calendar days of receipt of a written request by the City to remove such exceptions. If such conditionally disapproved non -monetary exceptions are not removed within such 30 -calendar day period, the City may, at the City's option, either accept the Subject Easement subject to such encumbrances, or terminate the Agreement in which case this Agreement will thereupon be of no further force or effect. The City will provide written notice to MWD of its decision to proceed with the purchase of the Subject Easement within five (5) business days of the date that it receives written notice that the conditionally disapproved non -monetary exceptions are not removed within the 30 - calendar day period set forth above. c. Notification by City of Decision to Purchase Subject Easement and Election Not to Obtain the Policy. The City will provide written notice to MWD of its election regarding the Policy pursuant to Section 4.a. The City's failure to provide written notice to MWD of its election to obtain the Policy as provided in Section 4.a. will be deemed a decision by the City to not obtain the Policy. In such cases, the parties agree that they will proceed with the transaction contemplated by this Agreement. 5. Deposit of Grant of Permanent Easement and Purchase Price, a. Deposit of Grant of Easement by MWD. Within 30 (thirty) business days after the approval of the conveyance of the Grant of Permanent Easement by the MWD Board of Directors, MWD will execute and deposit with the City the fully executed Grant of Permanent Easement in the form attached as Exhibit "C" hereto granting to the City the Subject Easement, contingent upon the full execution of the Agreement. The Grant of Permanent Easement will be duly executed and acknowledged by MWD and is contingent upon the approval of the conveyance by the MWD Board of Directors. The City will accept said executed Grant of Permanent Easement prior to recording. b. Proof of MWD's Authorization. If the City elects to obtain a Policy under Section 4.a. above, MWD will deliver to the City such proof of MWD's authorization to enter into this transaction as the Title Company may reasonably require to issue the Policy. c. Deposit of Purchase Price by the City. The City will transmit to MWD the Purchase Price for the Grant of Permanent Easement within 15 (fifteen) business days after the approval of the conveyance of the Grant of Permanent Easement by the MWD Board of Directors. 6. Right of Entry Agreement Between City and The Stewart Group. The Stewart Group, LLC ("The Stewart Group") owns that certain real property located adjacent to the MWD Parcel, which is commonly known at 28991 Old Town Front Street, Temecula, and is identified as APN 922-110-038 ("The Subject Group Parcel"). The Stewart Group is authorized Page 3 of 11 1853774v3 to use the surface portion of the MWD Parcel for parking purposes pursuant to the terms of the Grant Deed dated July 18, 1969 between Harry J. Salter and Louis Salter. Pursuant to that certain Right of Entry and Access Agreement entered into between the City and The Stewart Group, a copy of which is attached hereto as Exhibit "0", the Stewart Group authorized the City to use an approximate 12,540 square foot area, including an approximate 12,000 square foot area of the MWD Parcel and an approximate 540 square foot portion of The Stewart Group Parcel in connection with the construction of the Project. 7. Representations and Warranties of MWD. a. MWD has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement. b. MWD represents and warrants that to the best of the MWD's knowledge, there are no actions, suits, material claims, legal proceedings or any other proceedings affecting the Subject Easement or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign. c. MWD represents and warrants that it did not use, generate, release, discharge, store or dispose of any hazardous waste, toxic substances or related materials on, or under, in or about the Subject Easement or transport any Hazardous Materials to or from the Subject Easement and that it shall not use, generate, release, discharge, store or dispose of any hazardous waste, toxic substances or related materials on, or under, in or about the Subject Easement prior to the submittal of the executed Grant of Permanent Easement to the City. The term "Hazardous Materials" shall mean any substance, material or waste which is or becomes regulated by any local governmental authority, the State of California or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" under sections 25115, 25117 or 25122.7 or listed pursuant to section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous material", "hazardous substance" or "hazardous waste" under section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iii) defined as "hazardous substance" under section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (iv) petroleum, (v) asbestos, (vi) polychlorinated biphenyls, (vii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (viii) designated as a "hazardous substance" pursuant to section 311 of the Clean Water Act, (33 U.S.C. §1317), (ix) defined as a "hazardous waste" pursuant to section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. section 6901 et seq. (42 U.S.C. §6903) or (x) defined as a "hazardous substance" pursuant to section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42 U.S.C. §9601 et seq. (42 U.S.C. §9601). d. MWD represents that to the best of the MWD's knowledge, the Subject Easement is in compliance with all applicable statutes and regulations, including environmental, health and safety requirements. e. MWD represents and warrants that it will, upon learning of any fact or condition that would cause any of the warranties and representations in this Section 7 not to be true as of the date it transmits the executed Grant of Permanent Easement for the Subject Easement to the City, immediately give written notice of such fact or condition to the City. Page 4 of 11 1853774v3 f. MWD warrants that except for the rights of The Stewart Group to use the surface of the MWD Parcel for parking purposes as described in Section 6 above, there are no oral or written leases on all or any portion of the MWD Parcel. g. MWD and the signatories represent and warrant that the signatories to this Agreement are authorized to enter into this Agreement to convey the Subject Easement herein and that no other authorizations are required to implement this Agreement on behalf of MWD. The Parties acknowledge, however, that any conveyance of the Subject Easement by MWD to the City is made expressly subject to the approval of the grant by the MWD Board of Directors. 8. Representations and Warranties of the City. The City hereby represents and warrants to MWD the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the date of recording of the Grant of Permanent Easement in the Official Records of the County of Riverside and shall survive said recording date. a. The City has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement. b. The City has the power and authority to execute and deliver this Agreement and to carry out its obligations hereunder and consummate the transaction contemplated herein. 9. Construction of Project Within Five Years. The Parties agree that if construction of the Project does not commence within five (5) years from the date of this Agreement ("five-year period"), the Subject Easement shall revert to MWD, and City agrees that it shall promptly quitclaim its interest in the Subject Easement to MWD. For purposes herein, construction is commenced when the City, by and through its Public Works Department, solicits construction bids for the Project. Further, the Parties agree that if construction has not commenced at the end of the five-year period, the City shall have the option to extend the five- year period for an additional two (2) years upon adequate assurance to MWD, as determined by MWD in its sole discretion, that City is in the process of commencing construction. For purposes herein, the five-year period is calculated from the date of the recording of the Grant of Permanent Easement under this Agreement. 10. Changes in As -Built Construction. The Parties further agree that if, upon completion of construction of the Project, it is determined that the actual as -built area of the Subject Easement deviates from the area of the Subject Easement conveyed under this Agreement, the City agrees that it will survey the actual as -built area, prepare corrected legal descriptions, and prepare for MWD's execution an amended Grant of Permanent Easement based upon the corrected actual as -built area, all at City's sole cost and expense. All other terms of this Agreement shall remain the same, and MWD shall not be entitled to further compensation. For purposes herein, completion of construction means the improvements are substantially complete, as deemed by City. 11. City's Payment of Total Just Compensation and Releases. a. City's Payment of Total Just Compensation. It is understood and agreed between the City and MWD that the City's payment of the Total Just Compensation, consisting of $25,284 Purchase Price and the $6,000 that the City has paid to MWD for its administrative Page 5 of 11 1853774v3 costs in connection with the City's acquisition of the Subject Easement is an all-inclusive settlement and constitutes the full and complete consideration and payment of just compensation for the City's acquisition of the Subject Easement. Said Total Just Compensation relieves the City of any further obligations or claims for compensation in connection with the City's acquisition of the Subject Easement for the construction of the Project, in the manner proposed. This waiver by MWD of claims for further compensation in connection with the City's acquisition of the Subject Easement does not extend to and is not intended to extend to claims related to or alleged to arise out of the negligence on the part of the City, its agents or contractors, in connection with the physical construction of the Project, as planned and designed. The Purchase Price of the Subject Easement reflects the fair market value of the Subject Easement as without the presence of contamination. If the Subject Easement is found to be contaminated by the presence of hazardous materials which requires mitigation under Federal or State Laws, the City may elect to recover its clean-up costs from those who cause or contributed to the contamination. b. Releases. iv. This Agreement is a voluntary agreement between the Parties. On the Effective Date, MWD, on behalf of MWD, its successors and assigns, fully releases the City, its officials, counsel, employees, and agents, from all claims and causes of action by reason of any damage that has been sustained, or may be sustained, as a result of the City's efforts to acquire the Subject Easement or any preliminary steps thereto and from any and all claims, demands, causes of action, obligations, liabilities or claims for further compensation relating to the City's purchase of the Subject Easement, unless otherwise provided in this Agreement. v. MWD acknowledges that it may have sustained damage, Toss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses that may have been sustained, may give rise to additional damages, loss, costs or expenses in the future. Nevertheless, MWD hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waive any and all rights that MWD may have under California Civil Code section 1542, or under any statute or common law or equitable principle of similar effect as these may relate to the releases described in this Section 11 herein. California Civil Code section 1542 provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." MWD's Initials: City Initials c. This Section 11 will survive the date of recording of the Grant of Permanent Easement. 12. Citv's Contingencies. For the benefit of the City, the City's obligation to consummate the purchase of the Subject Easement will be contingent upon and subject to the occurrence of all of the following (or the City's written waiver thereof, it being agreed that the City can waive any or all such contingencies) on or before the date of MWD's conveyance of the Subject Easement: Page 6 of 11 1853774v3 a. That as of the Effective Date the representations and warranties of MWD in this Agreement are all true and correct. b. The delivery to the City of the fully -executed Agreement. c. If City elects to obtain a Policy, the Title Company's commitment to issue in favor of the City a CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to the Purchase Price showing the City's easement interest in the Subject Easement, subject only to the Permitted Title Exceptions. 13. MWD Contingencies. MWD's obligation to consummate the conveyance of the Subject Easement will be contingent upon and subject to the occurrence of all of the following. a. Approval of the conveyance of the Subject Easement by the MWD Board of Directors. b. The City's delivery to MWD within five (5) business days of the Effective Date and MWD's review and approval of Project plans and designs, consistent with the terms of the Subject Easement grant and MWD's use and enjoyment of the MWD Property. 14. Fees, Charges and Costs. The City will pay all of the customary recording fees, if any, fees for the Policy, and all charges and costs that arise in connection with this transaction. 15. Authorization to Record Grant of Permanent Easement. The City is authorized to record the Grant of Permanent Easement as soon as it determines that it will proceed with the purchase of the Subject Easement and transmits to MWD the Purchase Price for the Subject Easement. 16. Notices. All notices and demands will be given in writing by certified or registered mail, postage prepaid, and return receipt requested, or by overnight carrier. Notices will be considered given upon the earlier of (a) two business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (b) one business day following deposit with an overnight carrier service. The Parties will address such notices as provided below or as may be amended by written notice: CITY: COPY TO: MWD. 1853774v3 City of Temecula 41000 Main Street Temecula, California 92590 Attention: Aaron Adams, City Manager Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney 355 South Grand Avenue, 40th Floor Los Angeles, California 90071-3101 Metropolitan Water District of Southern California Attention: Revenue and Property Management Unit Post Office Box 54153 Los Angeles, California 90054 Page 7of11 COPY TO: 17. Miscellaneous. Metropolitan Water District of Southern California Attention: Marcia Scully, General Counsel Post Office Box 54153 Los Angeles, California 90054-0513 a. Further Documents. Each party will, wherever and as often as it shall be requested by the other party, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such further instruments and documents, as may reasonably be necessary in order to complete the sale, conveyance, and transfer herein provided and to do any and all other acts and to execute, acknowledge, and deliver any and all documents as may be requested in order to carry out the intent and purpose of this Agreement, including escrow instructions and related documents if the Parties later determine that an escrow is necessary to effect the transaction contemplated by this Agreement. b. Amendments. Any amendments to this Agreement will be effective only when duly executed by both MWD and the City. c. Applicable Law. This Agreement will be construed and interpreted under, and governed and enforced according to the laws of the State of California. d. Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between MWD and the City on the subject matter of this Agreement. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, will be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof MWD and the City acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no such agreement, statement, representation or promise that is not contained herein will be valid or binding on MWD or the City. e. Successors and Assigns. This Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties hereto. f. Time of Essence. The Parties acknowledge that time is of the essence in this Agreement. g. Counterparts and Facsimile and Electronic Signatures. This Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. For purposes of this Agreement, facsimile and electronic signatures will be deemed to be original signatures. h. Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy will be cumulative and will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The Page 8 of 11 1853774v3 election of any one or more remedies will not constitute a waiver of the right to pursue other available remedies. i. Interpretation and Construction. Each party has reviewed this Agreement and each has had the opportunity to have its respective counsel and real estate advisors review and revise this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein will in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. j. Severability. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid. k. Exhibits. The exhibits and schedules attached hereto are incorporated in this Agreement by reference herein. IN WITNESS WHEREOF, this Agreement is effective on the date that it is fully executed by the Parties. Page 9 of 11 1853774v3 GRANTOR THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Dated: Jeffrey Kightlinger General Manager By `' • 4e lfohn C. Clairday, Manager Real Property Development and Management Group Approved as to form: Marcia Scully, General Counsel By: 191.1°, Bryan Ota Senior Deo . General counsel Page 10 of 11 1853774v3 GRANTEE CITY OF TEMECULA, a municipal corporation Dated By: Jeff Comerchero, Mayor ATTEST: Randi Johl-Olson, City Clerk Approved as to form: RICHARDS, WATSON & GERSHON Peter M. Thorson, City Attorney Page 11of11 1853774v3 EXHIBIT A Exhibit "A" Legal Description Permanent Easement M. W. D. to City of Temecula 142-4-10 PEC 200 R.L. 3376 Being that certain portion of land situated in the City of Temecula, County of Riverside, State of California, being a portion of Lot 8 in Block 32 of the Town of Temecula, as shown by map on file in Book 15, Page 726, of Maps, Records of San Diego County, State of California. Also, being a portion of Parcel A (M. W.D. Fee Parcel 142-4-10) per Grant Deed in Favor of Metropolitan Water District, recorded September 3, 1969, as Instrument no. 89797, In the Office of the County Recorder of Riverside County, State of California, being a strip of land 24.00 feet wide, lying 12.00 feet on each side of the following described centerline: COMMENCING at the northeasterly'corner of said Parcel A, as shown per Record of Survey in Book 127, Pages 80 through 93, Inclusive, of Records of Survey, in the Office of the County Recorder, of said County, also being a point in the westerly Right -of -Way Line of Old Town Front Street (30.00 half width west of centerline); Thence along said westerly Right -of -Way Line South 15°42'01" East a distance of 37.08 feet to a point, said point also being the TRUE POINT OF BEGINNING; Thence leaving said westerly Right -of -Way Line South 74'12'09" West a distance of 215.00 feet to the POINT OF TERMINATION. The sidelines of said strip are to be lengthened or shortened as to terminate on said westerly Right -of Way Line of Old Town Front Street. Contains: 0.118 acres, more or less Subject to any and all existing uses, licenses, permits, easements, rights of way, covenants, and restrictions. EXHIBIT "B" attached and hereto by this reference made apart hereof. This Legal Description was prepared by me or under my direction. Kris R. Wlnchak, L.S. 6240 /1)-20 f Date The Metropolitan Wafer District of et Southern & Mapping Team Reviewer: mac U Bate:_ 03 —I2 - 20/3 Page 1 of 1 EXHIBIT B i i t.EGEND P.O.C. PO/NT OF COMMENCEMENT ipT.P.0.8. TRUE POINT OF BEGINNING 0. T. POINT OF TERMINAT/ON (0° 0' 07 INDICATES BASIS OF BEARINGS PER R.S. 127 / 80 - 93 PERMANENT EASEMENT M.W.D. 142-4-10 PEC 200 R.L. 3376 0.118 AC. BLK 32 L 0 T 8 M.B. 15 / 726 P.O. T. 115^ 47' 51' W ?4.00' PARCEL 3 P.M. 20090 P.M.B. 129 / 10-11 SLY. LINE PARCEL J N. ELY. COR. PAR. "A" P.O.C. 12.00' PARC !Ar9� 87997 - REC. 09/03/69; O -R. N. W D. GRANT DEED GRANT DEED INSTR. NO. 68994 REC. 02/28/92, O.R. Lor me /200' BLK 32 L 0 T 9 M.B. 15 / 726 WSO LAKE SKINNER TEAM RECORD OWNER: METROPLO/TAN WATER DISTRICT OF SOUMERN CALIFORNIA P.O. BOX 5415,E LOS ANGELES, CALIFORNIA 90054 A.P.N. 912-i0-021 PREPARED BY: CITY OF TEMECULA P.O. BoX 903.1 41000 MAIN STREET TEMEGIA, CALIFORNIA 92519-9013J The Metropolitan Water District of Southern California Geodetics & Mappine Team Reviewer l'd CC LLL Date: a3 - !2 - ze]!S MAW 8Y: C. vwmS DATE:10/16/14 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS EXHIBIT 11811 PERMANENT EASEMENT SHEET 10F 1 Exhibit "C" [Insert Form of Grant of Permanent Easement] 1853774v3 Recorded at the Request of and Mail to: THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Post Office Box 54153 Los Angeles, CA 90054 Attention: Geodetics and Mapping Team DOCUMENTARY TRANSFER TAX $ (Section 11922, California Revenue and Taxation Code) OFFICIAL BUSINESS Document is entitled to free recording per Government Code Sections 6103 and 27383 PERMANENT EASEMENT DEED San Diego Pipeline No. 4 & 5 MWD Parcel No. 142-4-10PEC200 (Portion) APN No. 922-110-022 WSO Lake Skinner Team R.L. 3376 Substructures Job No. 4041-13-002 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation, hereinafter referred to as Grantor, hereby grants to the CITY OF TEMECULA, a municipal corporation, hereinafter referred to as Grantee, a permanent easement for storm drain purposes, which includes electrical components for the storm drain pumps, over and across real property of Grantor located in the City of Temecula, County of Riverside, State of California, hereinafter referred to as Property. Said Property is described on Exhibit "A" and shown on Exhibit "B," attached hereto and incorporated herein by reference. This easement is granted subject to the following terms and any conditions as described below: 1. This Easement is subject to Grantor's paramount right to use the Property for the purposes for which it was acquired. Such right includes, but is not limited to, operation, maintenance, repair, replacement, removal of existing water conveyance facilities and appurtenances, including, but not limited to, above ground structures and construction of future additional water conveyance facilities and appurtenances. Grantor's existing water conveyance facilities includes a 99 -inch -inside -diameter pipeline at its San Diego Pipeline No. 4, a 97 -inch -inside -diameter pipeline at its San Diego Pipeline No. 5, and related facilities and appurtenances ("Pipeline"). In the event Grantor's exercise of its paramount right results in the destruction of, or damage to, all or part of Grantee's facilities, Grantor's obligation for t ev. 4/2015 City of Temecula Permanent Easement -2- MWD Parcel No. 142-4-10PEC200 (Portion) restoration shall be limited to recompaction of soil to the previously existing grade as of the date of this Easement grant and shall not include, without way of limitation, any repair and/or replacement of any of Grantee's facilities of any kind whatsoever. 2. Grantee shall submit, in advance, all plans for installation and construction or reconstruction of Grantee's facilities to Grantor for review and written approval. All plans shall show the location and size of Metropolitan's rights-of-way and the location and size of Metropolitan's pipeline or other facilities therein. Grantee shall not plant, or allow to be planted, any trees on the Property. 3. Grantee shall not change the existing grade or otherwise modify the topography of Property affected by this easement without prior written consent of Grantor. 4. Any street improvements within the easement area constructed by Grantee shall be so constructed as not to interfere with Grantor's access to adjoining property. Streets constructed within the easement area shall conform with the applicable public street standards and be incorporated into the city public street system, provided that (a) the construction of such street and utilities therein shall conform to final plans approved in writing by Grantor, which show the location, character, dimensions, and details of the work to be performed; and (b) after initial construction is completed, any future changes to the street or changes to or installation of any utilities therein shall require the prior written approval of Grantor, which approval shall not be unreasonably withheld. 5. Grantor's access over and across this easement shall be reasonably maintained by Grantee during the term of this easement. Grantee shall provide a means to allow Grantor to place its lock on any gates constructed hereon. 6. Grantee shall, at its sole cost and expense, keep Property free of noxious weeds and trash, and shall comply with all applicable laws and regulations concerning the use of Property. In accordance with provisions of this grant and California Civil Code Section 845, it is the duty of Grantee to maintain the easement. 7. Grantor purchased the Property in fee for its existing facility and/or future appurtenances. Any additional costs incurred for construction, reconstruction, maintenance and use of the existing and/or future facilities and appurtenances on Property and/or Grantor's adjacent property attributable to the presence of Grantee's improvements shall be borne by Grantee. In the event that it will be necessary for Grantor's facilities to be relocated or protected as a consequence of the easement, Grantee shall bear all related costs. 8. Grantor shall not be required to contribute any part of the costs of street improvements on the Property, and, furthermore, if Grantor is included in an assessment district, Rev. 4/2015 City of Temecula Permanent Easement -3- MWD Parcel No. 142-4-10PEC200 (Portion) community facilities district, or any other special district, to pay such costs, Grantee shall reimburse Grantor for any assessment therefor levied upon it. 9. Grantee hereby releases and discharges Grantor from all claims and demands by Grantee for loss of or damage to Grantee's property, and agrees to indemnify Grantor against and to hold Grantor harmless from all costs and expenses, including attorneys' fees, and all liability, and claims and demands of others, except employees of Grantor, for loss of or damage to property, or injury to or death of persons, which may result directly or indirectly from the granting, use or termination of, or operations under this easement, save and except any such loss of or damage to property or injury to or death of persons, resulting from the negligence of Grantor. Grantee agrees to pay Grantor in full and promptly upon demand for any and all loss of or damage to Grantor's property caused by the tortious conduct of Grantee, including negligence, intentional or willful acts, and acts in which there is a liability without fault, resulting from or growing out of Grantee's use of the Property pursuant to this Permanent Easement Grant. 10. In the event of abandonment by Grantee of the rights granted herein, they shall terminate, and Grantee shall thereupon, without cost to Grantor, restore Property to a condition as near as possible to that which existed prior to Grantee occupancy, and deliver to Grantor a quitclaim of such rights. Nonuse for a period of three years shall constitute conclusive evidence of such abandonment. Dated: THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Jeffrey Kightlinger General Manager By John C. Clairday, Manager Real Property Development and Management Group Authorized by MWD Administrative Code Section 8230 JQL:ndl s:\RPDM\PropMngt\WA5645_Permanent Easement.docx Rev. 4/2015 Exhibit A to Permanent Easement Deed Exhibit "A" Legal Description Permanent Easement M. W. D. to City of Temecula 142-4-10 PEC 200 R.L. 3376 Being that certain portion of land situated in the City of Temecula, County of Riverside, State of California, being a portion of Lot 8 in Block 32 of the Town of Temecula, as shown by map on file in Book 15, Page 726, of Maps, Records of San Diego County, State of California. Also, being a portion of Parcel A (M. W.D. Fee Parcel 142-4-10) per Grant Deed in Favor of Metropolitan Water District, recorded September 3, 1969, as Instrument no. 89797, In the Office of the County Recorder of Riverside County, State of California, being a strip of land 24.00 feet wide, lying 12.00 feet on each side of the following described centerline: COMMENCING at the northeasterly'corner of said Parcel A, as shown per Record of Survey in Book 127, Pages 80 through 93, Inclusive, of Records of Survey, in the Office of the County Recorder, of said County, also being a point in the westerly Right -of -Way Line of Old Town Front Street (30.00 half width west of centerline); Thence along said westerly Right -of -Way Line South 15°42'01" East a distance of 37.08 feet to a point, said point also being the TRUE POINT OF BEGINNING; Thence leaving said westerly Right -of -Way Line South 74'12'09" West a distance of 215.00 feet to the POINT OF TERMINATION. The sidelines of said strip are to be lengthened or shortened as to terminate on said westerly Right -of Way Line of Old Town Front Street. Contains: 0.118 acres, more or less Subject to any and all existing uses, licenses, permits, easements, rights of way, covenants, and restrictions. EXHIBIT "B" attached and hereto by this reference made apart hereof. This Legal Description was prepared by me or under my direction. Kris R. Wlnchak, L.S. 6240 /1)-20 f Date The Metropolitan Wafer District of et Southern & Mapping Team Reviewer: mac U Bate:_ 03 —I2 - 20/3 Page 1 of 1 Exhibit B to Permanent Easement Deed i i t.EGEND P.O.C. PO/NT OF COMMENCEMENT ipT.P.0.8. TRUE POINT OF BEGINNING 0. T. POINT OF TERMINAT/ON (0° 0' 07 INDICATES BASIS OF BEARINGS PER R.S. 127 / 80 - 93 PERMANENT EASEMENT M.W.D. 142-4-10 PEC 200 R.L. 3376 0.118 AC. BLK 32 L 0 T 8 M.B. 15 / 726 P.O. T. 115^ 47' 51' W ?4.00' PARCEL 3 P.M. 20090 P.M.B. 129 / 10-11 SLY. LINE PARCEL J N. ELY. COR. PAR. "A" P.O.C. 12.00' PARC !Ar9� 87997 - REC. 09/03/69; O -R. N. W D. GRANT DEED GRANT DEED INSTR. NO. 68994 REC. 02/28/92, O.R. Lor me /200' BLK 32 L 0 T 9 M.B. 15 / 726 WSO LAKE SKINNER TEAM RECORD OWNER: METROPLO/TAN WATER DISTRICT OF SOUMERN CALIFORNIA P.O. BOX 5415,E LOS ANGELES, CALIFORNIA 90054 A.P.N. 912-i0-021 PREPARED BY: CITY OF TEMECULA P.O. BoX 903.1 41000 MAIN STREET TEMEGIA, CALIFORNIA 92519-9013J The Metropolitan Water District of Southern California Geodetics & Mappine Team Reviewer l'd CC LLL Date: a3 - !2 - ze]!S MAW 8Y: C. vwmS DATE:10/16/14 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS EXHIBIT 11811 PERMANENT EASEMENT SHEET 10F 1 Exhibit "D" [Insert Right of Entry and Access Agreement between City and the Stewart Group] 1853774v3 RIGHT OF ENTRY AND ACCESS AGREEMENT (Assessor's Parcel Numbers 922-110-038 & 922-110-022) THIS RIGHT OF ENTRY AND ACCESS AGREEMENT (Assessor's Parcel Numbers 922-110-038 & 922-110-022) ("Agreement") is made and entered into between The Stewart Group, LLC ("Grantor") and the City of Temecula, a municipal corporation ("City"), and is effective as of the date set forth below. The City and Grantor are referred to below collectively as the "Parties". RECITALS: A. The City of Temecula is a municipal corporation located in the County of Riverside, State of California. B. The Stewart Group, LLC is the record fee owner of the real property commonly known as 28991 Old Town Front Street, Temecula, and identified as Riverside County Tax Assessor's Parcel Number 922-110-038 ("Stewart Group Parcel"). The Stewart Group, LLC also has the right to use the surface of the adjacent real property identified as Riverside County Tax Assessor's Parcel Number 922-110-022, which is owned by Metropolitan Water District ("MWD Parcel"), pursuant to the terms of the Grant Deed dated July 18, 1969 between Harry J. Salter, Louis Salter and MWD. C. The City seeks to construct the City-wide Storm Drain Improvements — Old Town Front Street Pavement and Storm Drain Rehabilitation Project ("Project"). The Project would replace and rehabilitate existing storm drain improvements, as well as replace distressed pavement along Old Town Front Street. D. The construction of the Project requires the acquisition of an approximate 5,160 square foot permanent easement ("Permanent Easement") for storm drain purposes and all uses necessary or convenient thereto on the MWD Parcel. The Permanent Easement is identified on Exhibit "A" and depicted on Exhibit "B" to this Agreement, which are incorporated herein by this reference. The City and MWD have agreed to the terms of the City's acquisition of the Permanent Easement. E. The City's construction of the Project will impact the surface use of an approximate 12,540 square foot area. Accordingly, the City seeks to acquire from Grantor and Grantor desires to grant to the City an approximate 12,540 square foot right of entry for a period of three months to construct the Project. The 12,540 square foot right of entry is referred to below as the "Subject Right of Entry" and is depicted roughly on Exhibit "C" to this Agreement, which is incorporated herein by this reference. An approximate 12,000 square foot portion of the Subject Right of Entry is located on the MWD Parcel and the remaining approximate 540 square foot portion of the Subject Right of Entry is located on the real property, which is owned by Grantor. Grantor and Grantor's lessees use the Subject Right of Entry as a parking lot. F. Grantor agrees to grant to the City and the City has agreed to accept from Grantor the non-exclusive right to enter onto the Subject Right of Entry for a three-month term subject to the terms and conditions of this Agreement. 1 NOW, THEREFORE, for and in consideration of the above Recitals, the consideration set forth below, the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and the City do hereby covenant and agree as follows: 1. Incorporation of Recitals. The above Recitals are incorporated herein by this reference. 2. Right of Entry and Access. Grantor hereby grants to the City, its employees, agents, contractors, representatives, consultants and other designees (referred to below collectively as "City Designees") the Subject Right of Entry for a term of three months in connection with the City's construction of the Project. Although the City will construct the following improvements (referred to below as "Construction Activities") in the area comprising the Permanent Easement, it needs to enter on and use the Subject Right of Entry to construct said improvements: Removal and replacement of existing concrete ribbon gutter, installation of approximately 180 linear feet of 30 -inch high density polyethylene (HDPE) storm drain pipe, installation of a 36 -inch diameter, 13 -foot deep packaged stormwater lift station and associated electrical lines, installation of a 12 -inch by 12 -inch cast - in -place storm drain inlet, and parking lot repaving work. a. Grantor agrees and acknowledges that the above Construction Activities may include tests, surveys and work of professional engineers, architects and soils experts and this Agreement authorizes any such work that is necessary to construct the above improvements. b. fn performing the above Construction Activities, the City Designees will use their best efforts to minimize any adverse impacts to the Subject Right of Entry. The City Designees will use reasonable efforts to avoid any adverse, permanent damage to the Subject Right of Entry area, except where the access and construction of the Construction Activities discussed above require such changes or damage to the original conditions. c. The City Designees will replace with material of like kind and quality any improvements on the Subject Right of Entry that are damaged as a result of the Project. The City Designees will be responsible for returning the Subject Right of Entry to as close as possible to the original condition, except for the Construction Activities discussed above that require permanent changes to the original conditions. The City Designees will remove any and all trash and/or debris placed on the Subject Right of Entry by City Designees in connection with the exercise of their rights under the Agreement after the completion of the Construction Activities. City Designees will keep clean and clear of trash and debris the areas adjacent to or on the Subject Right of Entry. Work areas will be left clean and orderly at the end of each work day. d. City Designees will perform the Construction Activities during regular business hours (7:00 a.m. to 5:00 p.m.) on Monday through Friday. If requested by City designees and approved by the City, work on Saturday shall be from 8:00 a.m. to 5:00 p.m. City Designees will not perform any construction work on Sundays or federal holidays. e. Grantor reserves the right to be present for observation during the Construction Activities described herein, provided Grantor adheres to standard construction area safety standards and provided that Grantor does not interfere with the City Designees. 2 3. Consideration. a. Compensation. In consideration for Grantor's grant to the City of the Subject Right of Entry, the City agrees to pay to Grantor the total compensation of $9,828 ("Compensation") within 15 business days of the date this Agreement is fully executed by the Parties. The $9,828 Compensation includes the $4,828 fair market value of the Subject Right of Entry for the three-month term plus $5,000 for costs and expenses that Grantor anticipates that it will incur to mitigate any temporary impacts that the City's use of the Subject Right of Entry may cause to said subject area, including but not limited to potential additional costs for Grantor's lease of additional parking, if necessary, to accommodate Grantor's tenants ("mitigation expenses"). b. Additional Consideration. The City agrees that it will reimburse Grantor's costs, up to an additional $5,172 above the $5,000 mitigation expenses described in Section 3.a. above, for any expenses incurred by Grantor above said $5,000 mitigation expenses if Grantor spends more than said amount to mitigate the temporary impacts to the parking lot located on the Right of Entry. City will reimburse Grantor for such additional expenses, up to a maximum of $5,172, on Grantor's submittal of paid invoices/receipts showing that Grantor spent said amounts for additional parking for its lessees to mitigate the temporary impacts to the parking lot located on the Subject Right of Entry, and other costs relating to such additional parking. c. Total Consideration. The $9,828 Compensation plus the Additional Consideration, if any, is an all-inclusive settlement and constitutes the full and complete consideration and payment of just compensation for the City's use and entry on the Subject Right of Entry in connection with the City's construction of the Project. The Total Consideration is also full and complete consideration for all claims arising in connection with or out of the City's acquisition of the Subject Right of Entry for the Project, claims for severance and other damages, inverse condemnation, precondemnation damages, attorneys' fees, interest, loss of rents, increased expenses to mitigate any impacts to the Stewart Group Parcel resulting from the City's use of the Subject Right of Entry for the three-month term, improvements pertaining to the realty, loss of business goodwill pursuant to Code of Civil Procedure section 1263.510, and any other damages of every kind and nature suffered by Grantor by reason of the City's use and entry on the Subject Right of Entry to construct the Project, and all costs and expenses whatever in connection therewith. 4. Term. The Commencement Date of this Agreement will be five calendar days after the date on which the City provides written notice to Grantor that it will commence the construction of the Construction Activities in the Subject Right of Entry area. Accordingly, City Designees will have the right to access the Subject Right of Entry five calendar days after the date on which the City provides written notice to Grantor of the commencement of the Construction Activities. City anticipates that it will complete the Construction Activities within three months of the Commencement Date of this Agreement. Accordingly, this Agreement will expire and terminate by its own terms upon (i) the completion of the Construction Activities or (ii) three months after the Commencement Date, whichever occurs sooner. 5. Lien Waivers. City agrees to keep the Subject Right of Entry free of any liens, including without limitation, any liens made by contractors, subcontractors, suppliers, engineers, architects and surveyors that arise out of the City's use of the Subject Right of Entry in connection with the construction of the Project. If any such lien is filed on any portions of the Subject Right of Entry as a result of the City's Construction Activities, the City will, at its sole cost and expense, have the lien released and discharged of record in a manner satisfactory to 3 Grantor within thirty days of receiving notice of the lien. If the City fails to remove the lien within such 30 -day period, Grantor will have the right to remove the lien, and the City, upon demand, will reimburse Grantor for all reasonable costs and expenses incurred by Grantor in connection with such removal. Upon receipt of a written request from Grantor, the City will provide Grantor with lien waivers following completion of the Construction Activities, in form and substance reasonably satisfactory to Grantor and its counsel (if any), from each and every contractor, subcontractor, supplier, engineer, architect and surveyor who might have lien rights against any portion of the Subject Right of Entry for work performed or commenced in connection with the Construction Activities. To the extent permitted by applicable law, the City hereby indemnifies Grantor from and against any claims or demands for payment, or any liens or lien claims made against Grantor any portion of the Subject Right of Entry as a result of the City's Construction Activities pursuant to this Agreement. 6. Insurance. Prior to entry onto the Agreement, the City will, and will cause all of the City Designees performing the Construction Activities to, procure or maintain a policy of commercial general liability insurance issued by an insurer reasonably satisfactory to Grantor covering the Construction Activities with a single limit of liability (per occurrence and aggregate) of not less than $1,000,000, and to deliver to Grantor a certificate of insurance and copy of additional insured endorsement naming Grantor as named additional insured, evidencing that such insurance is in force and effect, and evidencing that Grantor has been named as an additional insured thereunder with respect to the Construction Activities. Such insurance will be maintained in force throughout the term of this Agreement. 7. City Indemnification. The City will, and will request that its contractors, indemnify, defend and hold Grantor harmless from any and all liability for bodily injury, death and property damage arising out of or in any way connected with the City Designees' entry, access and use of the Subject Right of Entry in connection with the exercise of City Designees' rights under this Agreement, and will reimburse Grantor for all reasonable costs, expenses and losses, including reasonable attorneys' fees, incurred by them in consequence of any claims, demands and causes of action that may be made or brought against them arising out of the City or City Designees' entry on and use of the Subject Right of Entry for the Construction Activities. 8. Agreement of Grantor to Indemnify City. Grantor covenants and agrees that the lessees/tenants of The Stewart Group Parcel have no interest in the Subject Right of Entry or to the just compensation for said Subject Right of Entry. Accordingly, to the fullest extent permitted by law, Grantor will indemnify, defend and hold harmless City, and its elected and appointed councilmembers, officials, officers, boards, commissions, consultants, agents, employees, and attorneys from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including, without limitation, reasonable attorneys' fees, expert witness fees, disbursements and court costs) of every kind and nature whatsoever brought by any tenant or lessee of the Stewart Group Parcel that may arise out of, result from, or in any matter be related (directly or indirectly) to the rights granted to City Designees pursuant to this Agreement. 9. Notification to Lessees/Potential Purchasers. During the term of the Agreement, Grantor agrees to notify in writing any potential lessee/tenant or purchaser of The Stewart Group Parcel of the rights granted to the City under this Agreement. 4 10. Notices. All notices and demands will be given in writing by certified or registered mail, postage prepaid, and return receipt requested, or by overnight carrier. Notices will be considered given upon the earlier of (a) two business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (b) one business day following deposit with an overnight carrier service. The Parties will address such notices as provided below or as may be amended by written notice: CITY: City of Temecula 41000 Main Street Temecula, California 92590 Attention: City Manager COPY TO: Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney 355 South Grand Avenue, 40th Floor Los Angeles, California 90071-3101 GRANTOR: The Stewart Group, LLC Attention: David Botfeld 2612 26th Street Santa Monica, California 90405 11. Miscellaneous_ a. Authority to Bind Parties and Execute Agreement. Grantor and the City represent and warrant to one another that this Agreement constitutes a binding obligation on each of them and that the person executing this Agreement is authorized to execute the Agreement on behalf of the respective party and to bind it. b. Governing Law. This Agreement is deemed to have been prepared by each of the Parties hereto, and any uncertainty or ambiguity herein will not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, will be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This Agreement will be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties will be governed by, and construed and enforced in accordance with, the laws of the State of California. c. Amendment or Modification. This Agreement may be modified or amended only by a writing executed by all Parties to this Agreement. d. Partial Invalidity/Severability. Each provision of this Agreement will be valid and enforceable to the fullest extent permitted by law. If any provision of this Agreement or the application of such provision to any person or circumstance is, to any extent, deemed to be invalid or unenforceable, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable, will not be affected by such invalidity or unenforceability, unless such provision or such application of such provision is essential to this Agreement. e. Successors -in -Interest and Assigns. This Agreement will be binding upon and will inure to the benefit of the successors -in -interest and assigns of the Parties hereto, and each of them. 5 f. Legal Representation. The Parties, and each of them, acknowledge that in connection with the negotiation and execution of this Agreement, they have each had the opportunity to be represented by independent counsel of their own choosing and the Parties executed the Agreement after review by such independent counsel, or, if they were not so represented, said non -representation is and was the voluntary, intelligent and informed decision and election of any of the Parties not so represented; and, prior to executing this Agreement, each of the Parties has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters that are the subject of this Agreement. g. Interpretation and Construction. Each party has reviewed this Agreement and each has had the opportunity to have its respective counsel and real estate advisors review and revise this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement, the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein will in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. h. Counterparts, Facsimile & Electronic Signatures. This Agreement may be executed in whole or in counterparts which together will constitute the entire Agreement. Facsimile or electronic signatures/counterparts to this Agreement will be effective as if the original signed counterpart were delivered. Fees and Costs. Each of the Parties will bear its own attorneys' fees and costs, including, but not limited to expert fees, incurred in connection with negotiating this Agreement. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement will be entitled to recover reasonable attorneys' fees and costs from the other party. j. Severability. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid. 6 IN WITNESS WHEREOF, Grantor and City have executed this Agreement as of the date set forth below. GRANTOR THE STEWART GROUP, LL Dated: 7/Zib CITY CITY OF TEMECULA, a municipal corporation Dated: %// /W15 ATTEST: S8L-Avy, P A41 Randi .Jio{il-Olsbn, City Clerk v Approved as to form: RICHARDS, WATSON & GERSHON Peter M. Thorson, City Attorney /By: 7 r -7/7 Jeff COme?hero, Mayor Exhibit A to Right of Entry and Access Agreement Exhibit "A" Legal Description Permanent Easement M. W. D. to City of Temecula 142-4-10 PEC 200 R.L. 3376 Being that certain portion of land situated in the City of Temecula, County of Riverside, State of California, being a portion of Lot 8 in Block 32 of the Town of Temecula, as shown by map on file in Book 15, Page 726, of Maps, Records of San Diego County, State of California. Also, being a portion of Parcel A (M. W.D. Fee Parcel 142-4-10) per Grant Deed in Favor of Metropolitan Water District, recorded September 3, 1969, as Instrument no. 89797, In the Office of the County Recorder of Riverside County, State of California, being a strip of land 24.00 feet wide, lying 12.00 feet on each side of the following described centerline: COMMENCING at the northeasterly'corner of said Parcel A, as shown per Record of Survey in Book 127, Pages 80 through 93, Inclusive, of Records of Survey, in the Office of the County Recorder, of said County, also being a point in the westerly Right -of -Way Line of Old Town Front Street (30.00 half width west of centerline); Thence along said westerly Right -of -Way Line South 15°42'01" East a distance of 37.08 feet to a point, said point also being the TRUE POINT OF BEGINNING; Thence leaving said westerly Right -of -Way Line South 74'12'09" West a distance of 215.00 feet to the POINT OF TERMINATION. The sidelines of said strip are to be lengthened or shortened as to terminate on said westerly Right -of Way Line of Old Town Front Street. Contains: 0.118 acres, more or less Subject to any and all existing uses, licenses, permits, easements, rights of way, covenants, and restrictions. EXHIBIT "B" attached and hereto by this reference made apart hereof. This Legal Description was prepared by me or under my direction. Kris R. Wlnchak, L.S. 6240 /1)-20 f Date The Metropolitan Wafer District of et Southern & Mapping Team Reviewer: mac U Bate:_ 03 —I2 - 20/3 Page 1 of 1 Exhibit B to Right of Entry and Access Agreement i i t.EGEND P.O.C. PO/NT OF COMMENCEMENT ipT.P.0.8. TRUE POINT OF BEGINNING 0. T. POINT OF TERMINAT/ON (0° 0' 07 INDICATES BASIS OF BEARINGS PER R.S. 127 / 80 - 93 PERMANENT EASEMENT M.W.D. 142-4-10 PEC 200 R.L. 3376 0.118 AC. BLK 32 L 0 T 8 M.B. 15 / 726 P.O. T. 115^ 47' 51' W ?4.00' PARCEL 3 P.M. 20090 P.M.B. 129 / 10-11 SLY. LINE PARCEL J N. ELY. COR. PAR. "A" P.O.C. 12.00' PARC !Ar9� 87997 - REC. 09/03/69; O -R. N. W D. GRANT DEED GRANT DEED INSTR. NO. 68994 REC. 02/28/92, O.R. Lor me /200' BLK 32 L 0 T 9 M.B. 15 / 726 WSO LAKE SKINNER TEAM RECORD OWNER: METROPLO/TAN WATER DISTRICT OF SOUMERN CALIFORNIA P.O. BOX 5415,E LOS ANGELES, CALIFORNIA 90054 A.P.N. 912-i0-021 PREPARED BY: CITY OF TEMECULA P.O. BoX 903.1 41000 MAIN STREET TEMEGIA, CALIFORNIA 92519-9013J The Metropolitan Water District of Southern California Geodetics & Mappine Team Reviewer l'd CC LLL Date: a3 - !2 - ze]!S MAW 8Y: C. vwmS DATE:10/16/14 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS EXHIBIT 11811 PERMANENT EASEMENT SHEET 10F 1 Exhibit C to Right of Entry and Access Agreement EXHIBIT "C" 13 + # ri- %ii..4 I i 1 Right of Entry Area - The Stewart Group Legend r • • Of _ ,. S. t O ".0 newts Aerri tete MW Easement xr4> 101 a. .. SO 100 15) ft. I.13p center. 62E9104, 2120728 Seale: 1:Ne 11. nap 1 f ........"1,P1.1 Virg ..T..e TM• r'.W*.'',AMA; a• arc) 1 br y-ra t•1La a �p•-a` 1, .. :,era rti.ww YTI .,•+Y•:.1' ay're Trt Jq 1. Jr.vs v 0*.r.*. 0*, X..*y -4..-_ W.[' .`ice:•: to f.':#=rCe$iA.:2A•- . 13 °°�"� THFCITYOF TEMECULA PW12-14 - Old Town Front St Pvmt & Storm Drain Rehab ip 1 • + " 1 _ 4 iii� J IN i y O ate` Legend city Aerial 2012 Transparent ru`, Streets Parcels �iiVI,��', Permanent Easement Area Z-4 crl 4 li/ 0 90 180 270 ft. N N Scale: 1:904 Map center: 6289093, 2120725 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. TEMECULA COMMUNITY SERVICES DISTRICT CONSENT CALENDAR Item No. 10 ACTION MINUTES October 13, 2015 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:56 P.M. CALL TO ORDER: President Maryann Edwards ROLL CALL: DIRECTORS: Comerchero (Absent), McCracken, Naggar, Rahn, Edwards CSD PUBLIC COMMENTS (None) CSD CONSENT CALENDAR • Phyllis Ruse addressed the Directors on Item 16 13 Approve the Action Minutes of September 22, 2015 — Approved Staff Recommendation (4-0, Director Comerchero absent) Director Naggar made the motion; it was seconded by Director Rahn; and electronic vote reflected approval by Directors McCracken, Naggar, Rahn and Edwards with Director Comerchero absent. RECOMMENDATION: 13.1 That the Board of Directors approve the action minutes of September 22, 2015. 14 Approve the First Amendment to the Agreement with Keith Gors dba Goodtime Rentals for Harveston Lake Paddleboat Services — Approved Staff Recommendation (4-0, Director Comerchero absent) Director Naggar made the motion; it was seconded by Director Rahn; and electronic vote reflected approval by Directors McCracken, Naggar, Rahn and Edwards with Director Comerchero absent. RECOMMENDATION: 14.1 That the Board of Directors approve the First Amendment to the Agreement with Keith Gors dba Goodtime Rentals to extend the term of the agreement by one year for Paddleboat Rental Services at Harveston Lake for Fiscal Year 2015-16. 15 Approve the First Amendment to the Agreement with Greg and Lauren Stiles dba The Shortstop for Concession Services at the Patricia H. Birdsall Sports Park — Approved Staff Recommendation (4-0, Director Comerchero absent) Director Naggar made the motion; it was seconded by Director Rahn; and electronic vote reflected approval by Directors McCracken, Naggar, Rahn and Edwards with Director Comerchero absent. CSD Action Minutes 101315 1 RECOMMENDATION: 15.1 That the Board of Directors approve the First Amendment to the Agreement with Greg and Lauren Stiles dba The Shortstop for Concession Services at Patricia H. Birdsall Sports Park for Fiscal Year 2015-16. 16 Approve a Sponsorship Agreement with the Temecula Valley Woman's Club for Use of the Community Recreation Center (CRC) Kitchen — Approved Staff Recommendation (4-0, Director Comerchero absent) Director Naggar made the motion; it was seconded by Director Rahn; and electronic vote reflected approval by Directors McCracken, Naggar, Rahn and Edwards with Director Comerchero absent. RECOMMENDATION: 16.1 That the Board of Directors approve the Sponsorship Agreement with the Temecula Valley Woman's Club, in the amount of $1,218, for the use of the Community Recreation Center (CRC) kitchen. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 8:03 P.M., the Community Services District was formally adjourned to Tuesday, October 27, 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. Maryann Edwards, TCSD President ATTEST: Randi Johl, Secretary [SEAL] CSD Action Minutes 101315 2 TEMECULA COMMUNITY SERVICES DISTRICT BUSINESS Item No. 11 Approvals City Attorney Finance Director City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: Board of Directors FROM: Aaron Adams, City Manager DATE: October 27, 2015 SUBJECT: Approve the Recommendation to Rename the Temecula Public Library to be the Ronald H. Roberts Temecula Public Library (At the Request of Mayor Jeff Comerchero and Mayor Pro -Tem Mike Naggar) PREPARED BY: Betsy Lowrey, Senior Management Analyst RECOMMENDATION: That the Board of Directors approve the recommendation to rename the Temecula Public Library to be the Ronald H. Roberts Temecula Public Library (at the request of Mayor Jeff Comerchero and Mayor Pro -Tem Mike Naggar). BACKGROUND: At the request of Mayor Jeff Comerchero and Mayor Pro -Tem Mike Naggar, it is proposed that the Temecula Public Library be renamed to be the Ronald H. Roberts Temecula Public Library. The Subcommittee's recommendation was forwarded to the Temecula Community Services Commission on October 12, 2015, and unanimously supported. Pursuant to the City's Parks and Recreation Facilities Naming Policy, a recreation facility name may be changed if there is significant support and justification. In addition, a facility may be named for a person if the individual has made a significant financial contribution towards its development or has been an outstanding long-time community leader who has supported the recreational activities. Ron Roberts committed 25 years to the City of Temecula including three years appointed as a Commissioner and 22 years elected to the City Council, and is the only Council Member in the City's history to serve as Mayor five times. His leadership is a pivotal reason for Temecula's overall success with one of his most notable accomplishments being the completion of Temecula's state-of-the-art public library on Pauba Road. At the Temecula Public Library's Dedication Ceremony on December 14, 2006 to celebrate its opening, Ron Roberts was introduced to over 400 people in attendance with these words by the City Manager: "At this time, I'd like to introduce the strongest advocate for the Temecula Library Project. He also made several lobbying trips to Sacramento and San Diego to ensure that we would receive our $8.5 million State grant, and would not stop until we accomplished that objective. We are here today, in large part, because of his commitment and perseverance to see this Library Project through to its completion. Ladies and gentlemen, our Mayor for the City of Temecula, Mayor Ron Roberts." -Shawn Nelson, City Manager, 2006 It was Ron Roberts' instrumental leadership that guided the City's multi-year community -wide planning process to secure funds to build the 34,000 square foot high-tech library needed to accommodate Temecula's growing population. After several years of tireless efforts to secure State funding including two grant funding application attempts, countless letters to the State, public workshops, a library needs assessment, community surveys, and at least three trips to Sacramento to lobby on behalf of Temecula's need for a large library, the City was ultimately granted $8.5 million of $110 million worth of funding available statewide through the California Reading and Literacy Improvement and Public Library Construction and Renovation Act of California. Ron Roberts also led the City's collaboration with the County of Riverside, the Temecula Valley Unified School District, and the Friends of the Temecula Libraries, to provide matching funds of approximately $9.6 million. In a speech that Ron Roberts gave to the California Public Library Construction and Renovation Board in 2002, during one of his trips to Sacramento to secure state bond money for the library, he stated: "The Temecula Public Library will provide the greatest rate of return on the State's investment because of the number of lives it will touch." -Ron Roberts, Mayor, 2002 Ron was correct. The Temecula Public Library quickly became the most heavily used facility in the Riverside County Library System and is now serving approximately 418,000 patrons per year with an average annual circulation of over 650,000 items. Out of 35 libraries and two bookmobiles, the Temecula Public Library alone represents more than one-fourth of the total circulation for the entire Riverside County Library System. Prior to Ron Robert's retirement in December 2014, a Press Enterprise article was published on July 30, 2014 where Ron Roberts is quoted that the most stressful time during his 25 -year tenure at the City was fighting to secure bond money to build the Temecula Public Library. The article references Ron's trips to Sacramento to convince decision makers of the need for funding. "We did it," Ron Roberts said [in the article]. "But that really took a lot out of me." FISCAL IMPACT: The monument sign for the library is anticipated to be updated at a cost of approximately $2,000. Adequate funds are available in the Public Works Operating Budget (account number 197-180-164-5250) for this request. ATTACHMENTS: None COUNCIL PUBLIC HEARING Item No. 12 Approvals City Attorney Finance Director City Manager Szer- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: October 27, 2015 SUBJECT: Approve Assembly Bill (AB) 1600 Financial Reports — Development Impact Fee Expenditures PREPARED BY: Pascale Brown, Accounting Manager RECOMMENDATION: That the City Council approve the AB 1600 Financial Reports for Fiscal Year Ending June 30, 2015. BACKGROUND: Government Code Sections 66006 requires that an accounting of the Development Impact Fees be made public and the information reviewed in a regularly scheduled public hearing. The Legislature finds and declares that the timely and proper allocation of development fees promotes economic growth and is, therefore, a matter of statewide interest and concern. Annually, the City Finance Department staff compiles a report of expenditures made with the Development Impact Fees collected and interest accrued during the year. Staff has compiled the AB 1600 Report for this purpose and recommends acceptance and approval of the report of expenditures made with the Development Impact Fees after hearing public testimony. FISCAL IMPACT: Monies must be used within five years for specified purposes or returned to the developer. All funds are programmed to be spent in accordance with the Fiscal Years 2016-2020 Capital Improvement Program adopted June 9, 2015, by the City Council. ATTACHMENTS: 1. Summary of Development Impact Fees 2. AB 1600 Financial Reports City of Temecula Summary of Development Impact Fees Fiscal Year 2014-15 Development Impact Fee Fund Beginning 0/0 Fund Fees Interest Ending Fund FY14-15 % Funded Balance Collected Earned Expenditures Balance Capital Improvement Projects Expenditures Complete with DIFs Open Space Land Acquisition 446,495 101,959 1,592 (289,130) 260,916 210.165.703- Bike Lane and Trail Program 210.165.739- Santa Gertrudis Pedestrian Bridge 100,000 15% 100% 189,130 5% 4% 210.165.602- Murrieta Creek Bridge & Overland Street Improvements 1,313,043 691,167 9,788 (160,000) 1,853,998 Drive Extension to Diaz Road 160,000 20% 43% Traffic Signals & Traffic Control SystemE 111,705 105,202 1,090 (6,000) 211,997 210.165.682 -Traffic Signals Installation 6,000 60% 100% Park & Recreation Improvements 565,056 637,268 5,922 (59,450) 1,148,796 210.190.122- Teen Center 30,000 100% 0.83% 210.190.129- Special Needs Playground 29,450 90% 30% Corporate Facilities 108,323 129,509 114 (237,946) - 210.165.701- City Facilities Rehabilitation 237,946 10% 8% Fire Protection Facilities 210.165.757- Fire Station 73 Living Quarters 561,134 67,323 609 (600,000) 29,066 Upgrade 600,000 20% 45% Library 447,460 187,520 3,367 - 638,347 210.190.153- Library Parking - Phase II - 0% 100% Police Facilities 542,398 74,201 2,347 (107,000) 511,946 210.165.756- Theater Remediation 55,000 100% 1% Upgrade 2,000 58% 0.11% 210.190.153- Library Parking Phase II 50,000 60% 3% City of Temecula Attachment No. 1 - OPEN SPACE LAND ACQUISITIONS Government Code 66000 Calculation FY 2014-15 The impact fees for Open Space Land Acquisitions are based on the cost of land needed to maintain the City's existing ratio of open space acreage to population. Because these fees are population driven, they apply only to residential development. The fee is $660.47 per residential attached unit (condominium, apartment, townhouse, and duplex), and $921.90 per residential detached unit (single family), payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2014-15 Ending Fund Balance Revenues & Other Sources: 210.165.703- Bike Lane and Trail Program 210.165.739- Santa Gertrudis Pedestrian Bridge $ 101,959 $ 1,592 15.00% 5.00% Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources $ 289,130 $ 103,551 Expenditures & Other Uses: $ 289,130 Capital Projects Transfers Out Total Uses $ 289,130 Total Available $ 446,495 $ (185,579) $ 260,916 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2015 Previous Years Revenues Revenues Collected from FY2011-12 Revenues Collected from FY2012-13 Revenues Collected from FY2013-14 Revenues Collected from FY2014-15 $ 5,182 $ 152,183 $ 103,551 Total Ending Fund Balance $ 260,916 Result : Five year spent test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2014-15 % Complete % Funded With Fee 210.165.703- Bike Lane and Trail Program 210.165.739- Santa Gertrudis Pedestrian Bridge $ 100,000 $ 189,130 15.00% 5.00% 100.00% 4.34% Total $ 289,130 City of Temecula Attachment No. 2 - STREET IMPROVEMENTS Government Code 66000 Calculation FY 2014-15 The fees are collected based on the total cost of such improvements and number of peak hour vehicle trips generated by future development. The fee is $1,341.48 per residential attached unit (condominium, apartment, townhouse, and duplex), $1,916.39 per residential detached unit (single family), and $2.62-$7.33 per square foot of floor area for commercial development, payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2014-15 Ending Fund Balance Revenues & Other Sources: 210.165.602- Murrieta Creek Bridge & Overland Drive Extension to Diaz Road $ 691,167 $ 9,788 20.00% Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources $ 160,000 $ 700,955 Expenditures & Other Uses: $ 160,000 Capital Projects Transfers Out Total Uses $ 160,000 Total Available $ 1,313,043 $ 540,955 $ 1,853,998 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2015 Previous Years Revenues Revenues Collected from FY2011-12 Revenues Collected from FY2012-13 Revenues Collected from FY2013-14 Revenues Collected from FY2014-15 $ $ 482,687 $ 670,356 $ 700,955 Total Ending Fund Balance $ 1,853,998 Result : Five year spent test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2014-15 % Complete % Funded With Fee 210.165.602- Murrieta Creek Bridge & Overland Drive Extension to Diaz Road $ 160,000 20.00% 42.80% Total $ 160,000 City of Temecula Attachment No. 3 - TRAFFIC SIGNALS AND TRAFFIC CONTROL SYSTEMS Government Code 66000 Calculation FY 2014-15 The fees are collected based on the total cost of such improvements and number of peak hour vehicle trips generated by future development. The fee is $189.88 per residential attached unit (condominium, apartment, townhouse, and duplex), and $271.28 per residential detached unit (single family), and $0.39- $1.04 per square foot of floor area from commercial development, payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2014-15 Ending Fund Balance Revenues & Other Sources: $ 105,202 $ 1,090 Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources $ 106,292 Expenditures & Other Uses: $ 6,000 Capital Projects Transfers Out Total Uses $ 6,000 Total Available $ 111,705 $ 100,292 $ 211,997 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2015 Previous Years Revenues Revenues Collected from FY2011-12 Revenues Collected from FY2012-13 Revenues Collected from FY2013-14 Revenues Collected from FY2014-15 $ $ 7,219 $ 98,486 $ 106,292 Total Ending Fund Balance $ 211,997 Result : Five year spent test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2014-15 % Complete % Funded With Fee 210.165.682 -Traffic Signals Installation $ 6,000 Total $ 6,000 60.00% 100.00% City of Temecula Attachment No. 4 - PARK and RECREATION IMPROVEMENTS Government Code 66000 Calculation FY 2014-15 The fees are collected for park improvements based on the cost of improvements needed to maintain the City's existing ratio of improved park acreage to population. The fee for recreation facilities is based on the existing ratio of facility replacement cost to population. Because the fees are population driven, it only applies to residential developments. The fee is $2,265.94 per residential attached unit (condominium, apartment, townhouse, and duplex), and $3,162.87 per residential detached unit (single family), payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2014-15 Ending Fund Balance Revenues & Other Sources: 210.190.122- Teen Center 210.190.129- Special Needs Playground $ 637,268 $ 5,922 100.00% 90.00% Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources $ 59,450 $ 643,190 Expenditures & Other Uses: $ 59,450 Capital Projects Transfers Out Total Uses $ 59,450 Total Available $ 565,056 $ 583,740 $ 1,148,796 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2015 Previous Years Revenues Revenues Collected from FY2011-12 Revenues Collected from FY2012-13 Revenues Collected from FY2013-14 Revenues Collected from FY2014-15 $ $ 505,606 $ 643,190 Total Ending Fund Balance $ 1,148,796 Result : Five year spent test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2014-15 % Complete % Funded With Fee 210.190.122- Teen Center 210.190.129- Special Needs Playground $ 30,000 $ 29,450 100.00% 90.00% 0.83% 30.00% Total $ 59,450 City of Temecula Attachment No. 5 - CORPORATE FACILITIES Government Code 66000 Calculation FY 2014-15 Fees are collected for City administrative and maintenance facilities. The need for future space at the Civic Center is due to the demand of services housed at the Civic Center. The need for maintenance facilities is due to an increase in street and park maintenance. The fee is $278.77 per residential attached unit (condominium, apartment, townhouse, and duplex), $519.93 per residential detached unit (single family), and $0.17-$0.51 per square foot of floor area for commercial developments, payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2014-15 Ending Fund Balance Revenues & Other Sources: 210.165.701- City Facilities Rehabilitation $ 129,509 $ 114 10.00% Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources $ 237,946 $ 129,623 Expenditures & Other Uses: $ 237,946 Capital Projects Transfers Out Total Uses $ 237,946 Total Available $ 108,323 $ (108,323) $ - Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2015 Previous Years Revenues Revenues Collected from FY2011-12 Revenues Collected from FY2012-13 Revenues Collected from FY2013-14 Revenues Collected from FY2014-15 Total Ending Fund Balance Result : Five year spent test met in accordance with Government Code 66001. Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2014-15 % Complete % Funded With Fee 210.165.701- City Facilities Rehabilitation 237,946 10.00% 8.33% Total $ 237,946 City of Temecula Attachment No. 6 - FIRE PROTECTION FACILITIES Government Code 66000 Calculation FY 2014-15 Fees are collected to provide future fire protection facilities and apparatus. The fee is $305.21 per residential attached unit (condominium, apartment, townhouse, and duplex), $657.74 per residential detached unit (single family), and $0.11-$0.17 per square foot of floor area for commercial developments, payable at the time of issuance of building permit. The fee is adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2014-15 Ending Fund Balance Revenues & Other Sources: 210.165.757- Fire Station 73 Living Quarters Upgrade $ 67,323 $ 609 20.00% Developer Fees Interest Income Contributions from Property Owners Total Sources $ 600,000 $ 67,932 Expenditures & Other Uses: $ 600,000 Capital Projects Transfers Out Total Uses $ 600,000 Total Available $ 561,134 $ (532,068) $ 29,066 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2015 Previous Years Revenues Revenues Collected from FY2011-12 Revenues Collected from FY2012-13 Revenues Collected from FY2013-14 Revenues Collected from FY2014-15 $ 29,066 Total Ending Fund Balance $ 29,066 Result : Five year spent test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2014-15 % Complete % Funded With Fee 210.165.757- Fire Station 73 Living Quarters Upgrade $ 600,000 20.00% 44.50% Total $ 600,000 City of Temecula Attachment No. 7- LIBRARY Government Code 66000 Calculation FY 2014-15 Fees are collected to provide future facilities and materials. Because these fees are population -driven, they apply only to residential development. The fee is $603.53 per residential attached unit (condominium, apartment, townhouse, and duplex), and $842.42 per residential detached unit (single family), payable at the time of issuance of building permit. The fee is adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2014-15 Ending Fund Balance Revenues & Other Sources: 210.190.153- Library Parking - Phase II $ 187,520 $ 3,367 Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources $ - $ 190,887 Expenditures & Other Uses: $ - Capital Projects Transfers Out Total Uses $ - Total Available $ 447,460 $ 190,887 $ 638,347 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2015 Previous Years Revenues Revenues Collected from FY2011-12 Revenues Collected from FY2012-13 Revenues Collected from FY2013-14 Revenues Collected from FY2014-15 $ 137,680 $ 309,780 $ 190,887 Total Ending Fund Balance $ 638,347 Result : Five year spent test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2014-15 % Complete % Funded With Fee 210.190.153- Library Parking - Phase II 100.00% Total $ - City of Temecula Attachment No. 9 - POLICE FACILITIES Government Code 66000 Calculation FY 2014-15 Fees are collected to provide future space for police facilities and equipment. The fee is $489.97 per residential attached unit (condominium, apartment, townhouse, and duplex), $276.93 per residential detached unit (single family), and $0.06-$0.27 per square foot of floor area for commercial development, payable at the time of issuance of a building permit. The fee is adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance FY 2014-15 Ending Fund Balance Revenues & Other Sources: 210.165.756- Theater Remediation 210.165.757- Fire Station 73 Living Quarters Upgrad 210.190.153- Library Parking Phase II $ 74,201 $ 2,347 100.00% 58.00% 60.00% Developer Fees Interest Income Contributions from Property Owners Transfers In Total Sources $ 107,000 $ 76,548 Expenditures & Other Uses: $ 107,000 Capital Projects Transfers Out Total Uses $ 107,000 Total Available $ 542,398 $ (30,452) $ 511,946 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2015 Previous Years Revenues Revenues Collected from FY2011-12 Revenues Collected from FY2012-13 Revenues Collected from FY2013-14 Revenues Collected from FY2014-15 $ 104,562 $ 230,984 $ 99,852 $ 76,548 Total Ending Fund Balance $ 511,946 Result : Five year spent test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2014-15 % Complete % Funded With Fee 210.165.756- Theater Remediation 210.165.757- Fire Station 73 Living Quarters Upgrad 210.190.153- Library Parking Phase II $ 55,000 $ 2,000 $ 50,000 100.00% 58.00% 60.00% 1.43% 0.11% 2.78% Total $ 107,000 CITY COUNCIL BUSINESS Item No. 13 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: October 27, 2015 SUBJECT: Receive and File Report Regarding Community Prioritization Workshops and Survey and Provide Direction Regarding Ongoing Community Education, Input and Engagement Efforts (At the Request of the Project Subcommittee of Mayor Jeff Comerchero and Council Member Matt Rahn) PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council receive and file the report regarding the community prioritization workshops and survey and provide direction regarding ongoing community education, input and engagement efforts. BACKGROUND: On May 27, 2015, the City Council conducted the annual Budget Workshop in preparation for the formal adoption of the Fiscal Year 2015-16 budget. During the workshop, the City Council received information about the challenges associated with increasing public safety costs projected over the next several years and the impacts of those costs on the operating budget. At that time, the City Council expressed its overall desire to conduct community outreach on this topic to inform citizens of the challenges and solicit ideas and solutions. On July 28, 2015, the Council received a follow-up report and authorized the City Manager to engage experts in the subject area to design and conduct community outreach efforts. The Council also designated the subcommittee of Mayor Jeff Comerchero and Council Member Matt Rahn to provide general project guidance to staff. Under that guidance, three public workshops were conducted on September 15, 16 and 17, 2015 at Gardner Middle School, Mary Philips Senior Center and Harveston Center. In addition, a citizen survey was also conducted by Fairbank, Maslin, Maullin, Metz and Associates (FM3). FM3 is present tonight to provide the results of the community survey and share their assessment of the community workshops. At the conclusion of the presentation by FM3, it is requested that the City Council provide direction to staff regarding their desire to continue community education, input and engagement on this topic. FISCAL IMPACT: There is no fiscal impact associated with the specific consideration of this item. Costs associated with any community outreach on this project are incorporated in the current year budget and fall within the City Manager's contract authority. ATTACHMENTS: None Item No. 14 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: October 27, 2015 SUBJECT: Receive and File 2015 Legislative Session Update from Ellison Wilson Advocacy, LLC and Consider Revised Scope of Services and One -Year Extension to Term of Agreement for Consultant Services PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council receive and file the 2015 Legislative Session update from Ellison Wilson Advocacy, LLC and consider revised Scope of Services and one- year extension to term of Agreement for Consultant Services. BACKGROUND: On June 23, 2015, the City Council considered the bienniel approval of agreements for state and federal lobbying services. During that discussion, the Council expressed a desire to receive an in-person, publicly noticed legislative briefing from both Ellison Wilson Advocacy (state lobbying firm) and Turch and Associates (federal lobbying firm). The City Council also expressed its interest in considering a revised scope of services and term extesions for both firms when the item returned for Council consideration. Based on schedule availability and the timing associated with the end of the 2015 legislative session, the state update is being presented tonight. The federal update is scheduled for November 10, 2015. In 2001, the City contracted with Ellison Wilson Advocacy, LLC for state lobbying services. While their primary function is providing bill monitoring and tracking services, over the last 14 years Ellison has also provided information regarding grant availability and actively participated on the City's behalf in Sacramento on issues of importance to the City. The Legislative Platform, adopted by the City Council in May 2015, provides additional targeted guidance and direction to Ellison on issues of importance that require engagement on behalf of the City. Ellison works closely with City staff on time sensitive bills to coordinate awareness of the City's position with key Committee legislators and their staff. A recent example of this effort is AB 278 (Hernandez) which imposed district -based elections on general law cities of 100,000 or more. Ellison worked closely with City staff, the League of California Cities, and Senate Elections Committee staff to ensure the coalition was successful in defeating the bill. At this time, it is recommended that the City Council receive the end of year legislative update from Ellison and consider extending the current term of the agreement for one-year to June 30, 2017. It is also recommended that the Council consider including active reference and responsibilities related to the Legislative Platform in the Scope of Services. Staff has no additional recommendations at this time and values the ongoing services provided by Ellison Wilson Advocacy. FISCAL IMPACT: None ATTACHMENTS: 1. First Amendment to Agreement for Consultant Services 2. Agreement for Consultant Services 3. 2015 Legislative Platform FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF TEMECULA AND ELLISON WILSON ADVOCACY, LLC THIS FIRST AMENDMENT is made and entered into as of October 27, 2015 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Ellison Wilson Advocacy, LLC, Inc. a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect the following facts and purposes: a. On July 1, 2015, the City and Consultant entered into an Agreement entitled "Agreement for Consultant Services" (hereinafter referred to as "Agreement") in the amount of $42,000 annually. The term for said Agreement (attached hereto as "Exhibit A") is one-year and expires on June 30, 2016. b. The parties now amend the Agreement as set forth in this Amendment. 2. The term of said Agreement shall be extended for one-year from June 30, 2016 to June 30, 2017. 3. The Scope of Services of said Agreement shall be amended to include the following: A. The Firm will implement the Client's annual Legislative Platform into their service for the Client by becoming familiar with the Guiding Principles and Policy Statements set forth in the document (attached hereto as "Exhibit B"). In addition, the Firm will monitor and provide routine updates regarding legislative proposals and trends related to these Guiding Principles and Policy Statements. B. The Firm will provide an in-person annual legislative update at a regularly scheduled meeting of the City Council at the conclusion of each legislative cycle to provide an update on legislative efforts over the course of the year and anticipated legislative activity for the upcoming legislative cycle. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written above. CITY OF TEMECULA ELLISON WILSON ADVOCACY, LLC By: By: Aaron Adams, City Manager Brooks Ellison, Executive Director ATTEST: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney VENDOR ELLISON WILSON ADVOCACY, LLC Contact: Brooks Ellison 1725 Capitol Avenue Sacramento, California 95814 (916) 448-2187 Email: lobby@ellisonwilson.com Acting PM Initials: CW Date: 15-1I S AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND ELLISON WILSON ADVOCACY STATE LOBBYIST SERVICES THIS AGREEMENT is made and effective as of July 1, 2015, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Ellison Wilson Advocacy, a partnership (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2015, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2016, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Forty Two Thousand Dollars ($42,000) annually unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. broad as: 00 01 11 85 or 88. Minimum Scope of Insurance. Coverage shall be at least as 1) Insurance Services Office Commercial General Liability form No. CG 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shalt not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (1) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Ellison Wilson Advocacy Brooks Ellison, Executive Director 1725 Capitol Avenue Sacramento, CA 95814 14. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Ellison Wilson Advocacy (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation) By. i / By: ATTEST: By: rchero, Mayor Randi Johl-Olson, City Clerk APPROVED AS TO FORM: By: t / er M. Thorson, City Attorney CONSULTANT By: icon, Executive Director (Name j, [Print Title: 1 Ellison Wilson Advocacy Brooks Ellison, Executive Director 1725 Capitol Avenue Sacramento, CA 95814 916-448-2187 Lobby@ellisonwilson.com Acting PM Initials: Date: ELLISON ‘" UL/ :)ON .ADVOCACY? GOVERNMENTAL AFFAIRS - LEGISLATIVE ADVOCACY 1725 CAPITOL AVENUE SACRAMENTO. CALIFORNIA 95211 916-448-2187 - Fax 916-448-5346 lobby CN cl lisonwi Icon .corn www.ellisonwilson.com BROOKS ELLISON Legislative Adrocnte Manley at Law PATRICK WHA LEN LcRisl nave Advocate Attorney al (AV; w June 15, 2015 Aaron Adams City Manager City of Temecula 41000 Main Street Temecula, California 92590 EXHIBIT A Tasks to be Performed BOR W11SON Attorney al Law Mcmhrr. Cnlifutnin Stat. Senate trcl.) Member, Califanlia StateAssesnhly Ircl.l KIRK BLACKBURN Legislacivc Advocata Attorney at Law RE: Contract Extension for Legislative Advocacy & Governrnentat Affairs Services Dear Aaron, It has been an honor and privilege to represent the City for over 14 years in a variety of capacities — both as legislative advocates for the City at the Capitol defending against costly legislation or proactively passing favorable legislation, as well as in other "governmental affairs" capacities, including assisting in the drafting and securing of grants and providing advice on legal and regulatory matters, amongst others. We agree to a new two year contract on the same terms and conditions as the current contract. We would provide these comprehensive governmental advocacy services for our current fee of $3500 per month. These fees have not changed since 2001, but due to the current economic conditions and our long association, we are willing to agree not to request an increase during the term of the proposed contract. Consistent with our existing contract, below we have included our scope of work: Ellison Wilson Advocacy, LLC (The FIRM) will develop strategies to successfully implement the City of Temecula's (CLIENT) legislative program. The FIRM will actively pursue grants and notify the CLIENT of other related opportunities with the potential to enhance revenues. The FIRM will maintain personal contact with committee chairs, Members and Legislative staff to anticipate legislation that could affect the CLIENT. The FIRM will represent the CLIENT in meetings or hearings with Senate or Assembly Members, the Governor's office, State Agencies, Boards, Commissions and other legislative bodies. The FIRM will research and provide information to the CLIENT on State laws or proposed legislation, legislative hearings, reports and testimony, State regulations and policies, funding 1 opportunities for proposed CLIENT projects and technical memoranda or reports impacting CLIENT operations. The FIRM will aggressively lobby on all issues directed by the CLIENT, including proactively searching for potential legislative vehicles relating to these issues and affecting the outcome of these matters. The FIRM will track all of the CLIENT'S legislation through policy and fiscal committees, on the floor of each house, in conference committee (if any), past enrollment and onto the Governor's desk. The FIRM will give the CLIENT advance notice, to the CLIENT'S satisfaction, of hearings or critical actions relating to those bills or issues in which the CLIENT has expressed an interest The FIRM will deliver Letters, as directed by the CLIENT, to appropriate committees and members of the Legislature, as well as to executive departments and/or State officials. The FIRM will provide drafting of appropriate bill text and/or identification of appropriate legislative or administrative vehicles to carry out the CLIENT'S legislative goals. The FIRM will file, during the terra of this Agreement, the quarterly reports of lobbyist/employer with the Secretary of State of State's Office as required by the Fair Political Practices Commission. Please advise if you need anything further in order to finalize the new contract. We look forward to continuing to represent the City of Temecula at the Capitol. Brooks Ellison 2 EXHIBIT B Payment Rates and Schedule Consultant will be paid $3,500 per month for the term of this contract. 0 TE31]EC t� 4 1989 7//UNS • Ni uY�,p4 CITY OF TEMECULA 2015 STATE AND FEDERAL LEGISLATIVE PLATFORM Approved: May 12, 2015 The Legislative Platform is a tool to protect and promote the City's interests on priority issues and legislative/regulatory matters that may impact the City at the state and federal level. The guiding principles and policy statements below allow City staff and legislative advocates to address legislative and regulatory issues in a timely and directed manner, without precluding City Council consideration of additional legislative matters arising throughout the year. This platform supplements existing City Council established goals and policies in various documents including the City's General Plan and Quality of Life Master Plan (QLMP). GUIDING PRINCIPLES Preservation of Local Control Support measures that preserve and protect the City's general law powers and duties to enact legislation and policy direction concerning local affairs. Oppose measures that preempt local authority. II. Promotion of Fiscal Stability Support measures that promote fiscal stability, predictability, and financial independence. Support measures that preserve and promote the City's revenue base. Oppose measures that mandate costs with no guarantee of local reimbursement or offsetting benefit. Oppose measures that shift local funds to the county, state or federal government, without offsetting benefit. III. Support Funding Opportunities Support measures that allow the City to compete for its fair share of regional, state and federal funding including competitive grants and other funding programs. Support measures that promote dedicated funding streams at the regional, state and federal levels allowing the City to maximize local revenues, offset and leverage capital expenditures, and maintain City goals and standards. 1 POLICY STATEMENTS ADMINISTRATIVE SERVICES General Area of Review: Elections, Ralph M. Brown Act, Public Records Act, Political Reform Act, conflict of interest, insurance, tort reform and open and transparent government. General Policy Statements: • Supports legislation that recognizes the need to conduct the public's business in public. • Support legislation to allow alternative methods of meeting public notice requirements and enhancing them through the use of cost effective and innovative, technology friendly methods of communication. • Support legislation to improve and streamline the Political Reform Act and its implementation through regulations. • Support legislation that would allow a city presented with an allegation of a violation of the California Voter Rights Act (CVRA) to address the allegation before any person may file a lawsuit related to the alleged violation. • Support legislation to reduce unnecessary and costly procedures for conducting a municipal election. • Oppose legislation that mandates costly and unnecessary procedures related to the election process. • Support legislation providing city councils more flexibility to fill city council vacancies including extending the appointment period to fill a vacancy. • Support legislation to allow cities to conduct mail ballot elections when appropriate to reduce the cost of elections and increase voter turnout. • Support legislation that limits the exposure of local governments to lawsuits related to liability, including unimproved natural conditions and design immunity. City -Specific Policy Statements: • Resolution No. 03-22 — Support legislation that preserves the ability of public agencies to have a meaningful invocation as a free speech right during public meetings. • Resolution No. 04-41 — Oppose legislation that would prohibit or limit the ability of local government to conduct Closed Session consistent with the Ralph M. Brown Act. • Resolution No. 05-88 — Support legislation and funding that preserves and protects local authority over cable and video services ensuring the ability of local governments to meet their public, educational and government (PEG) access needs. • Resolution No. 09-50 — Support legislation that allows legal notices to be published electronically on the City's website. • Resolution No. 09-71 — Support legislation to apply the Ralph M. Brown Act to the State Legislature, including provisions requiring advance notice and publication of matters to be voted upon. • Resolution No. 11-49 — Support legislation that provides the City with an ability to be represented by one congressional district. • Resolution No. 12-40 — Support legislation to assist California businesses to comply with the Americans with Disability Act without frivolous lawsuits. • Minute Order (3/10/15) — Oppose legislation that broadly mandates district -based election systems in cities without analyzing the specific needs of a community 2 COMMUNITY SERVICES General Area of Review: Parks, recreation, libraries, cultural arts, youth, community and human services programs. General Policy Statements: • Support legislation and funding for the development and preservation of open space consistent with the City's General Plan, Trails and Bikeways Master Plan and other related policies. • Support legislation and funding for the construction, rehabilitation and maintenance of public facilities, parks and open space. • Support legislation and funding for overall youth programs consistent with the City's Youth Master Plan. • Support legislation and funding for policies and programs that promote the overall health and wellness of families, veterans, seniors and youth in the City. • Support legislation and funding for youth -related prevention and intervention programs, including after school educational and recreational programs. City -Specific Policy Statements: • Resolution Nos. 99-88 and 06-38 — Support legislation and funding for the construction and improvement of community libraries and the program services provided at library facilities. • Resolution No. 00-02 — Support legislation and funding for state and local park projects and allow urban areas to expand recreation facilities to serve youth, seniors and families. • Resolution No. 08-76 — Support legislation and funding to provide assistance to Vietnam veterans exposed to Agent Orange. • Resolution No. 09-80 — Oppose legislation that would bar or severely limit physician - owned hospitals or otherwise negatively impact health care access in our region. • Resolution No. 11-36 — Support legislation that extends qualified immunity to local public agencies that operate public skateboarding parks indefinitely. • Resolution No. 11-48 — Oppose legislation increasing notification requirements for cities that want to opt out of the county free library system to outsource the administration and operation of their libraries to a private for profit company. • Resolution No. 11-69 — Support legislation requiring private insurance companies to cover autism treatment. • Minute Order (6/10/14 and 3/10/15) — Support legislation that provides greater opportunities for higher education learning in the City. EMPLOYEE RELATIONS General Area of Review: Labor relations, employee relations and other matters related to human resources. General Policy Statements: 3 • Support legislation that increases local control and limits additional financial burdens related to employee relations and collective bargaining that can be appropriately negotiated at the bargaining table. City -Specific Policy Statements: • Resolution No. 97-77 — Support legislation that preserves the ability of local, regional and state government to contract with private firms on a competitive basis to design projects. ENVIRONMENTAL QUALITY General Area of Review: Air, water and water quality, climate change, CEQA, integrated waste management, hazardous materials, coastal issues, and utilities. General Policy Statements: • Support legislation and funding to create a sustainable and stable water supply, encourage conservation of water resources and reduce urban runoff pollution. • Support legislation and funding for renewable energy and advanced technologies that reduce energy use while providing a public benefit that is greater than the cost of compliance. • Support legislation and funding for local government energy efficiency and renewable energy programs. • Support legislation and funding for recyclable materials markets while maintaining local authority and flexibility to regulate solid waste and recyclables. City -Specific Policy Statements: • Resolution No. 95-37 — Support legislation that provides adequate safeguards to ensure conservation of threatened and endangered wildlife resources while balancing significant quality of life and financial impacts on local communities. • Resolution Nos. 96-126 and 97-59 — Support legislation and funding for flood control and prevention programs, including those that affect Murrieta Creek and Temecula Creek. • Resolution Nos. 98-36 and 08-78 — Support legislation and funding for the development of new technology to promote clean fuel and combat air pollution while providing a public benefit that is greater than the cost of compliance. • Resolution No. 99-49 — Support legislation and funding for a safe, clean and reliable water supply for California. • Resolution No. 08-77 — Support legislation that reduces emissions from marine vessels affecting air quality while providing a public benefit greater than the cost of compliance. • Resolution No. 11-81 — Support legislation to expand wilderness areas that enhance local tourism and improve recreational opportunities for future generations. HOUSING, COMMUNITY, ECONOMIC DEVELOPMENT General Area of Review: Land use, development, annexation and incorporation, building standards, economic development, redevelopment and enterprise zones, mobile home and sign regulations. 4 General Policy Statements: • Support legislation and funding to strengthen the capability of local agencies to prepare, adopt and implement plans for responsible growth, development, zoning, and annexations. • Support legislation and funding for the adoption of effective state building codes to promote community building safety and mitigation of natural hazards. • Support legislation and funding for the adoption of effective and clear green building standards in the California Building Code while providing a public benefit that is greater than the cost of compliance. • Support legislation and funding programs that promotes the development and enhancement of safe, affordable, and accessible housing within the City for all economic segments of the population. • Support legislation and funding for improvements to housing element law to provide clear processes and flexibility to allow regional cooperation and establish realistic housing goals and performance standards. • Support legislation that promotes the fair and effective distribution of State infrastructure bond funds consistent with the needs of diverse local cities. • Support funding mechanisms that encourage and facilitate infrastructure development and economic development. • Support legislation that streamlines the redevelopment dissolution process with consistency and equitability. • Support legislation to retain existing fees on telecommunications services and for public, educational and governmental channels. • Oppose legislation to restrict the authority of cities to zone and plan for the deployment of telecommunications infrastructure. • Support legislation that promotes the ability of cities to maintain and manage the public right-of-way and receive compensation for its use. City -Specific Policy Statements: • Resolution No. 96-53 — Oppose legislation to prohibit the concurrent sale of fuel and alcohol negatively impacting local businesses. • Resolution No. 04-44 — Oppose legislation that limits the ability of local government to determine conditions for approval for local projects and transfers local land use authority to the State. • Resolution No. 04-83 — Support legislation exempting hot air balloons from PUC regulations that require accident liability insurance as commercial air operators and aircraft. • Resolution No. 10-64 — Support legislation that permits the shipment of wine directly to consumers without discrimination between in-state and out-of-state wine producers. • Resolution No. 12-66 — Support legislation prohibiting bulk sales of real estate owned properties by the FHFA to investors converting them into rental properties. • Minute Order (8/23/11) — Oppose legislation for quarry projects within the City's boundaries or sphere of influence. PUBLIC SAFETY 5 General Area of Review: Law enforcement, fire and life safety, emergency communications, emergency services, disaster preparedness, Indian gaming, and nuisance abatement. General Policy Statements: • Support legislation to provide a greater share of and increased latitude to spend asset forfeiture funds. • Support legislation to improve local law enforcement, fire suppression and prevention, hazardous materials mitigation, rescue, emergency medical services, and disaster preparedness. • Support legislation to reimburse the City for overtime costs paid to public safety personnel who are required to appear in State and/or County courts. • Support legislation to grant state and federal funding to supplement local law enforcement to increase staffing, equipment and capital improvements to maintain public safety. • Support legislation and funding to provide law enforcement/public safety agencies greater access to wireless communication necessary to support a national wireless broadband network capable of use by any public safety entity to serve and protect communities throughout the nation. • Support legislation and funding that promotes comprehensive and effective drug and alcohol education and rehabilitation programs. • Support legislation and funding to assist local law enforcement to reduce crimes related to illicit drugs, burglary, and assault, including domestic violence, and sobriety and driver's license checkpoints. • Support legislation to prohibit the manufacture, import, sale and use of dangerous synthetic substances that mimic marijuana, methamphetamine and heroin. • Support legislation that prevents juvenile access to alcohol and illegal drugs. • Support legislation to deter drivers from operating motor vehicles while under the influence of alcohol and drugs. • Oppose legislation to expand "early release" for low-risk serious and violent offenders without an increase in sustained funding to ensure responsible supervision by parole agents and for local agencies that provide post -release supervision. • Support legislation that provides frontline funding for police services associated with the "early release" of state prisoners as a result of state -mandated criminal justice realignment provisions. • Support legislation and funding to strengthen and enforce legal protections for all individuals who are victims of crime, including minors and victims of family violence and sexual assault. • Support legislation to maintain or increase funding for shelters, victim advocacy, trauma and crisis counseling and related mental health services, to assist victims of violent crime, especially minors and victims of family violence and sexual assault. • Support legislation and funding to coordinate homeland security programs, training and emergency response efforts among federal, state, and local governments with clearly defined roles and responsibilities. • Support legislation and funding for Urban Area Security Initiative ("UASI") and other funding initiatives administered by the Department of Homeland Security to enhance the City's ability to respond to regional or national threats. 6 • Support legislation and funding to secure adequate frequencies and communications systems for multi -jurisdictional connectivity for public safety and protect the frequencies from intrusion. • Support legislation to increase Emergency Management Performance grant funding retaining flexibility in use of funds for emergency preparedness training, disaster events and disaster communication efforts. • Support legislation and funding to treat and assist the needs of at -risk juvenile offenders and juveniles placed on court-ordered formal probation. • Support legislation and funding for programs that protect youth from tobacco, alcohol and drug use, and related prevention and intervention programs including gang prevention and after-school programs. City -Specific Policy Statements: • Resolution No. 97-87 — Support legislation and funding to promote and preserve the ability of local government to control public safety issues in their communities. • Resolution No. 02-71 — Support legislation and funding for the Emergency Alert System to inform the public of Amber Alerts and related information. • Resolution Nos. 02-73 and 04-22 — Support legislation and funding for public dissemination of information by the Department of Justice pursuant to Megan's Law. • Resolution No. 06-17 — Support legislation and funding to improve interactions between wireless service providers and law enforcement during emergency situations. • Minute Order (9/22/92) — Support legislation that provides municipal immunity for high speed pursuits. • Minute Order (1/11/94) — Support legislation that strengthens anti -pornography laws. • Minute Order (8/9/94) — Support legislation and funding for graffiti abatement programs. REVENUE AND TAXATION General Area of Review: Finance administration, taxation reform, general and special revenue and revenue sources at the federal, state and local levels. General Policy Statements: • Support legislation and funding for the preservation and enhancement of the City's ability to generate and retain sales and use tax revenue, and local point-of-sale revenue allocations. • Oppose legislation to reduce or remove tax-exempt status of municipal bonds. • Oppose legislation to alter the manner by which transient occupancy taxes are calculated and collected to the City's detriment. • Support legislation and funding that preserves and enhances a positive business climate and maintains and grows the business tax base. City -Specific Policy Statements: • Resolution No. 91-26 — Support legislation that limits the ability to redistribute existing revenue sources amongst schools, cities, counties and special districts as a solution to address service levels. 7 • Resolution No. 95-90 — Support legislation that ensures the equitable distribution of sales tax revenue between the state and local government, specifically cities. • Resolution No. 96-62 — Oppose legislation that restricts cities from generating new development revenues and erodes revenue generation and taxing authority of local government. • Resolution No. 02-26 — Oppose legislation limiting the ability of cities to decide how sales tax revenues are distributed for local vital and essential services, including police and fire protection, street repair and lighting, libraries, parks and other services. • Resolution No. 03-27 — Support legislation that preserves the ability to allocate revenue from the Indian Gaming Special Distribution Fund to local governments impacted by tribal gaming. • Resolution Nos. 91-41, 03-137, 08-82 and 10-22 — Support legislation that requires voter approval before the state can appropriate local tax funds to fund state operations and responsibilities or outwardly prohibits the borrowing or taking of such funds. • Resolution No. 04-64 — Oppose legislation diluting the amount of funds to counties and cities to mitigate impacts from tribal gaming. • Resolution Nos. 02-123 and 12-67 — Support legislation and funding that enhances or preserves current level of Vehicle License Fees (VLF) and protects VLF allocation to newly incorporated cities and cities with inhabited annexations that rely on VLF revenues. • Resolution No. 10-56 — Support legislation that provides tax benefits as an incentive for people to utilize public transit to commute to work. • Resolution Nos. 11-15 and 12-26 — Support legislation and funding that provides alternatives to the dissolution of redevelopment agencies in California. TRANSPORTATION, COMMUNICATION AND PUBLIC WORKS General Area of Review: Transportation, construction, telecommunications and general public works related areas. General Policy Statements: • Support legislation to ensure the City receives its fair share of transportation revenue and increase funding for local transportation and transit programs and projects. • Support legislation to protect dedicated transportation -related tax revenues and enhance the ability of local agencies to finance local transportation programs and facilities, including the gas tax and bond funds. • Support legislation that gives priority to self-help and "super" self-help counties when allocating bond funding and other transportation funding mechanisms. • Support legislation to improve access and funding to public transportation. • Support legislation and funding mechanisms that support and encourage the use of transit and non -motorized transportation. • Support legislation that enhances the safety of city streets and arterials for vehicular, bicycle, and pedestrian traffic. • Support legislation that will reduce traffic congestion and support regional transportation programs. • Support legislation and funding opportunities for upgrades and/or separations for at - grade crossings. • Support legislation that increases local flexibility in the allocation of transportation capital funds. 8 • Support legislation that encourages the use of design -build methods to facilitate a faster, stream -lined approach to project delivery. • Oppose legislation to eliminate or restrict the use of Riverside County State Improvement Transportation Funds, federal transportation funding, Measure A, or Gas Tax funding for local transportation projects City -Specific Policy Statements: • Resolution No. 90-56 — Support legislation that creates flexibility for the use of all available State revenues for the maintenance and improvement of highway and mass transit projects without reducing funds for other state programs. • Resolution No. 97-79 — Support legislation and funding that ensures trucks entering and traveling through California meet U.S. safety and environmental standards. • Resolution No. 99-66 — Support legislation to allow state and local government agencies to use private architects and engineers thereby supporting the Fair Competition and Taxpayer Savings Act. • Resolution No. 04-23 — Oppose legislation that will limit or impose restrictions on the City compromising its ability to properly control, operate and maintain SR 79N and SR 79S. • Resolution No. 04-54 — Support legislation and funding for federal transportation infrastructure and programs. • Resolution No. 04-127 — Support legislation and funding to improve local, state and federal infrastructure including highways, bridges, railways, transit systems, airports, harbors, water, and wastewater systems. • Resolution 09-36 — Support legislation and funding for the Federal Safe Routes to School (SRTS) program pursuant to the Safe, Accountable, Flexible, Efficient Transportation Equity Act, including funding for crossing guards, engineering improvements around schools, traffic calming measures, improved street crossings, sidewalks, bike lanes, and walkways to create safer routes to school. • Resolution No. 07-26 — Support legislation providing expedited review of projects by the Department of Transportation where local funds have been contributed towards a state highway project by local or regional agencies. • Minute Order (3/25/14) — Support legislation and funding that provides for bicycle and pedestrian infrastructure. 9 Item No. 15 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Aaron Adams, City Manager DATE: October 27, 2015 SUBJECT: Approve the Recommendation to Select the Nominee, Ronald H. Roberts, for Placement on the City of Temecula Wall of Honor (At the Request of Mayor Jeff Comerchero and Council Member Maryann Edwards) PREPARED BY: Betsy Lowrey, Senior Management Analyst RECOMMENDATION: That the City Council approve the recommendation to select the Nominee, Ronald H. Roberts, for placement on the City of Temecula Wall of Honor (at the request of Mayor Jeff Comerchero and Council Member Maryann Edwards) BACKGROUND: At the request of the Wall of Honor Ad Hoc Subcommittee Members Mayor Jeff Comerchero and Council Member Maryann Edwards, it is proposed that former five - time Mayor Ron Roberts be recognized with placement of his name on the City's Wall of Honor currently located in the foyer of the Civic Center. The Subcommittee's recommendation was forwarded to the Temecula Community Services Commission on October 12, 2015, and unanimously supported. Pursuant to the Procedure for the Establishment and Continuing Operation of the City of Temecula Wall of Honor, the Wall of Honor is intended to honor and recognize individuals who have made an outstanding contribution to the City of Temecula. To be eligible, an individual must have made a major contribution to improve the quality of life for the residents of the City of Temecula over a significant period of time. Ron Roberts committed 25 years significantly contributing toward creating and maintaining a high quality of life in Temecula. Ron was appointed to Temecula's first Traffic Committee on January 23, 1990 shortly after the City incorporated. He was then appointed to Temecula's first Traffic Commission on October 2, 1990 where he served until he was elected to the Temecula City Council on November 3, 1992, and then re-elected four additional times to serve a total of five continuous terms on the City Council until retirement in December 2014. Ron Roberts is the only Council Member in the City's history to serve as Mayor five times and his leadership is a pivotal reason for Temecula's success. Ron is recognized for many accomplishments with one of his most notable achievements being his leadership to secure $8.5 million of State funding to construct Temecula's 34,000 square foot state-of-the-art public library. His leadership was also instrumental in preserving the Temecula Duck Pond as a beautiful City gateway; advancing economic growth in Temecula including the development of a regional mall and the revitalization of Old Town; providing parks for families and youth; promoting senior programs and facilities; supporting non-profit organizations that provide services to enhance the well-being of Temecula citizens; prioritizing public safety and anti -gang law enforcement; and helping to secure Federal, State, and Regional funding to improve the City's transportation infrastructure including Temecula roadways, freeway interchanges, traffic light synchronization, and public transit opportunities. FISCAL IMPACT: The addition of a name to the Wall of Honor is anticipated to be less than $100. Adequate funds are available in the Public Works Operating Budget (account number 340-199-706-5250) for this request. ATTACHMENTS: City of Temecula Wall of Honor Nomination Nominee: When completed, please retum to: City of Temecula TCSD- Attention Gail Zigler 41000 Main Street Temecula, CA 92590 (951)694-6480 fax (951)694-6488 City of Temecula Wall of Honor Nomination Ronald H. Roberts Date: April 17, 2015 Nominee's Address: Nominee's Phone Number: Statement in support of the nominee (one hundred words or less): Ron Roberts is the only Temecula Council Member to ever serve as Mayor five times. Ron committed 25 years to creating/maintaining the highest quality of life in 'Temecula 13 wears Traffic Commission and 22 years elected to City Council!. His accomplishments are visible Citywide including securing State funding for a state-of-the-art library, and ensuring excellent public safety, funding for transportation/infrastructure/roadways/public transit, balanced budgetstpicturesque landscapes/parks/amenities including Temecula's Duck Pond as a beautiful City gateway-, a vibrant local economy, youth/senior programs, excellent cultural relations with Pechanga and Sister Cities in The Netherlands/Japan, extensive nonprofit support for the benefit of Temecula citizens, and more. Ron Roberts' longstanding leadership is a pivotal reason for Temecula's success. DEPARTMENT REPORTS Item No. 16 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Aaron Adams, City Manager DATE: October 27, 2015 SUBJECT: City Council Travel/Conference Report — September 2015 PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: Receive and file. Council Member Maryann Edwards and Council Member Matt Rahn traveled to San Jose to attend the League of California Cities Annual Conference which was held from September 29 - October 2, 2015. ATTACHMENTS: Meeting Agenda League of California Cities - Schedule of Events Page 1 of 2 Strengthen/ng California Cities through Advocacy & Education L6FECAL 1 [0 ItN 11E: CITIES Home > Education & Events > Annual Conference > For Attendees > Schedule of Events Schedule of Events For Attendees For Speakers For Exhibitors TENTATIVE SCHEDULE OF EVENTS As of February 12, 2015 (subject to change) Wednesday, September 30 8:00 a.m. - 6:00 p.m. Registration Open, Exhibit Level Concourse, San Jose Convention Center 9:00 - 10:30 a.m. Policy Committees (at hotel) 9:00-11:00 a.m. Understanding Public Service Ethics Laws and Principles (AB 1234 Training) 10:00 a.m. - 2:30 City Clerks Workshop p.m. 10:30 - 11:45 a.m. Education 10:30 a.m. - Noon Policy Committees (at hotel) 11:45 a.m. - 1:15 Regional Division Lunches (optional) p.m. 1:00 - 1:30 p.m. First Time Attendee Orientation 1:30 - 2:45 p.m. Department Business Meetings 3:00 - 5:00 p.m. Opening General Session - Annual Report and Keynote Address 5:00 - 7:00 p.m. Grand Opening Expo Hall & Host City Reception (No competing events/receptions are permitted at this time) 7:00 - 11:00 p.m. Thursday, October 1 7:00 a.m. - 4:00 p.m. Leadership Gala Casino Night http://www. cacities. org/Education-Events/Annual-Conference/For-Attendees/Schedule-of-E... 6/4/2015 League of California Cities - Schedule of Events Page 2 of 2 Registration Open, Exhibit Level Concourse, San Jose Convention Center 8:00 - 9:30 a.m. Education 9:00 a.m. - 4:00 p.m. Expo Open (with Lunch in Exhibit Hall) (No competing events 11:30 a.m. - 1:00 p.m.) 9:45 - 11:45 a.m. General Session - Keynote Address 1:00 - 2:15 p.m. General Resolutions committee 1:00 - 2:15 p.m. Education 2:45 - 4:00 p.m. Education 4:15 - 5:30 p.m. Education 4:15 - 5:30 p.m. Board of Directors Meeting 5:30 - Evening Networking Receptions - Caucus, League Partners, Divisions Friday, October 2 7:30 - 10:00 a.m. Registration Open, Exhibit Level Concourse, San Jose Convention Center 7:30 - 8:45 a.m. Regional Division Breakfasts (optional) 9:00 - 10:15 a.m. Education 10:30 - 11:45 a.m. Education Noon - 2:00 p.m. Closing Luncheon with Voting Delegates & General Assembly Install New Board of Directors, Grand Prize 2:00 p.m. Adjourn NOTE: Conference Registration is required to attend Department business meetings, Division Meetings, and Annual Conference General Assembly as an attendee and/or Voting Delegate. © 2015 League of California Cities®. All rights reserved. 1400 K Street Suite 400, Sacramento, CA 95814 • Phone: (916) 658-8200 • Fax: (916) 658-8240 Contact Us • Site Map • NEW Privacy Policy • NEW Terms of Use • Website by PMC http://www. cacities.org/Education-Events/Annual-Conference/For-Attendees/Schedule-of-E... 6/4/2015 Item No. 17 Approvals City Attorney Finance Director City Manager Mr - CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Community Development Director DATE: October 27, 2015 SUBJECT: Community Development Department Monthly Report PREPARED BY: Lynn Kelly -Lehner, Senior Management Analyst RECOMMENDATION: Receive and file. The following are the highlights for the Community Development Department for September 2015. CURRENT PLANNING ACTIVITIES New Cases: In September 2015, Planning received 30 new applications, including 5 pre - applications. A detailed account of current planning activities is attached to this report. Audi Dealership: On February 18, 2015, staff received a pre- application for a 37,000 square foot Audi dealership to be located on Temecula Center Drive, adjacent to 1-15 and south of the existing Mercedes-Benz of Temecula dealership. A Development Plan application was filed for the project on April 6, 2015. A community meeting was held with the Harveston community on March 25, 2015 to discuss the plans for the dealership. Approximately 20 Harveston residents attended the meeting and were positive about the addition of the Audi dealership to the community. A Supplemental EIR is being prepared for the project and went out for public review from July 20, through September 8, 2015. A second community meeting was held with the Harveston community on August 13, 2015, to discuss the findings of the Supplemental EIR and to provide updates on the project. A public hearing before the Planning Commission is anticipated in October 2015. (FISK) Altair Specific Plan: On November 12, 2013, City Council approved an Entitlement Processing Agreement with Ambient Communities (Developer) to process extensive land use entitlements for the 270 acre property located west of Old Town including General Plan Amendment, Specific Plan, Subdivision Maps, Development Agreement, and Environmental Impact Report (EIR). Ambient Communities is proposing a mixed-use development comprised of residential single-family and multi -family units, as well as retail/commercial, open space, and institutional uses. Staff is currently reviewing a Multiple Species Habitat Conservation Plan (MSHCP) Consistency Report and has prepared an Initial Study. The City entered into an agreement with Environmental Science Associates in July 2014 to prepare an Environmental Impact Report (EIR). An EIR Scoping Meeting was held on December 3, 2014. Keyser Marston Associates has prepared a fiscal impact analysis for the project. Staff is working through environmental issues associated with the MSHCP and - 1- wildlife corridors. Once resolved, staff anticipates negotiating the Development Agreement, and circulating a Draft EIR shortly thereafter. (PETERS) Temecula Valley Hospital: City Council approved the Temecula Valley Hospital project on January 22, 2008. A Certificate of Occupancy for the Phase I hospital bed tower was received from the Office of Statewide Health Planning and Development (OSHPD) on July 19, 2013. United Health Services obtained State licensing to open the hospital for patients on October 14, 2013. On May 31, 2013, staff received a Major Modification application to modify the site plan and heliport Conditional Use Permit to relocate the heliport from an area near the northeast corner of the hospital building. UHS indicated that the heliport needs to be relocated based on concerns from the FAA and the aeronautical division of Caltrans. UHS proposed two phases of movement for the heliport: Phase I would place the heliport to the west of the hospital building, in one of the parking lot areas. Phase 11 would place the heliport on the roof of the second hospital tower. In both cases, the proposed locations result in a change to the flight path that move it away from the Madera Vista residential project and changes the path to either head directly into or away from the prevailing wind direction (rather than perpendicular to the prevailing winds), as directed by the FAA and Caltrans. A Supplemental EIR (SEIR) was prepared by Environmental Science Associates (ESA). In July 2014, the applicant indicated intentions to add a 5,000 square foot facilities maintenance building to the hospital site. Staff has provided information regarding this new building to ESA for analysis in the SEIR, and the 45 -day public review was from November 12, 2014 through December29, 2014. The project was reviewed at the April 15, 2015 Planning Commission hearing and received a 4-0 vote (Guerriero absent) recommending approval. Staff has worked with the applicant's consultant and ESA to respond to comments received from the community at the Planning Commission hearing and has worked with the applicant's consultant to prepare additional graphics for use at the City Council hearing. The project was scheduled for the July 28, 2015, City Council hearing but was continued off calendar so that staff and the Supplemental EIR consultant could make revisions to the Supplemental EIR to address comments received from Ray Johnson on July 22, 2015. (FISK) Roripaugh Ranch Specific Plan: In 2013, the Planning Commission approved KB Homes, Standard Pacific, and Van Daele Developments' applications for Home Product Reviews in the Roripaugh Specific Plan Area. KB Home plans to construct 98 single-family homes. Standard Pacific plans to build 200 single-family homes under the names Montego and Cambridge. Van Daele Development will construct 113 single-family homes, 56 marketed as Verona, and 57 as Sorrento. The three builders will construct 411 homes in four of five available planning areas in the area commonly referred to the "panhandle." Three hundred fifty nine (359) residential permits have been issued to date. (PETERS) Roripaugh Ranch Development Agreement Amendment: In March 2014, Roripaugh Valley Restoration (RVR) applied for an amendment to the Roripaugh Ranch Development Agreement to modify the timing of infrastructure improvements and building permit thresholds for "pan" area the Specific Plan. Staff has been working with RVR to refine the deal points of the Development Agreement Amendment (DAA). RVR has been working with the second owner in the "pan" area of the Specific Plan, Wingsweep, to come to agreement on improvement cost sharing, and those negotiations are ongoing. RVR and Wingsweep previously agreed to meeting with an arbitrator to assist in resolving their differences; however Wingsweep later elected to continue discussions with RVR. RVR and Wingsweep conclude their discussions in July 2015. Staff continues to work with RVR on the DAA deal points and will bring the deal points before the Roripaugh Ranch Ad Hoc Subcommittee before the applicant presents their proposed DAA changes to the Nicholas Valley community. The DAA will then be brought before the Planning Commission before being presented at a City Council hearing. (FISK) -2 Temecula Gateway: On November 3, 2014, staff received applications related to the proposed Temecula Gateway project. The proposed project will consist of a Planned Development Overlay/Zone Change and General Plan Amendment to change the General Plan designation to Community Commercial and the zoning designation to Planned Development Overlay 14, a Tentative Parcel Map to allow for the creation of seven lots from four, a Development Plan to allow for the construction of four commercial buildings totaling approximately 19,669 square feet, a Conditional Use Permit to allow for an automobile service station with a corresponding carwash and convenience store that will serve alcohol, a Conditional Use Permit to allow for a drive-thru for a restaurant. The City has entered into an agreement with Michael Baker International/PMC to create an Environmental Impact Report for the project. (Jones) LONG RANGE PLANNING Hike Bike Temecula (Multi -Use Trails and Bikeways Master Plan Update): On May 14, 2013, City Council awarded a contract to KTU+A to update the City's Multi -Use Trails and Bikeways Master Plan. A community workshop was held on October 26, 2013, and attendees provided feedback on bike lanes, sidewalks, trails, hiking paths, and equestrian connections. Community input was also collected through a survey via the project website www.hikebiketemecula.orq. A Steering Committee meeting was held on February 25, 2014 at the Merc Theater, with over 30 participants in attendance. The focus of the meeting was to summarize the survey results and to get feedback on proposed improvements in Old Town. The Old Town improvements include sharrows (shared bike lane markings) on Old Town Front Street, Bicycle Friendly Community signs, and strategically placed bike racks. On March 25, 2014, City Council approved an amendment to the contract that included Phase II of the Master Plan Update and additional sidewalk analysis. Phase I concluded with a community walk -ride event on May 10, 2014, highlighting priority locations for future trails and bike lanes based on the community's feedback. Phase II is under way. Staff is reviewing draft chapters, and anticipates presenting the draft plan to the Trails Subcommittee in Fall 2015. A final Public Workshop will be held in October, and then presentations to the Community Service Commission, Traffic Public Safety Commission, and then Planning Commission for input before going to City Council. (PETERS) Uptown Jefferson Specific Plan: The Uptown Jefferson Specific Plan Area encompasses approximately 560 acres and is located north of Rancho California Road, west of Interstate 15, south of Cherry Street, and east of Diaz Road. Staff has held eight Ad Hoc Subcommittee Meetings to develop policies, and obtain direction on the content of the Specific Plan. Between October 2011 and July 2013, staff held six visioning workshops. These workshops solicited feedback from the public and key stakeholders about the future vision of the Specific Plan area. Eight recommendations emerged from the public visioning process: 1) strengthen economic development; 2) expand the mix of uses; 3) define districts and neighborhoods; 4) improve transportation, mobility, connectivity and circulation; 5) integrate recreation, open space and trails; 6) create updated and flexible development standards; 7) build and maintain a comprehensive utility infrastructure network; and, 8) establish a district identity. On June 13, 2013, staff held a Developer Focus Group to determine the future economic feasibility of the Specific Plan based upon anticipated market conditions, economic demands, demographic trends, and available financing. From July 2013 through December 2013, staff held six public Uptown Jefferson Specific Plan Steering Committee Meetings with members of the public. Two commissioners from each of the City's commissions (Planning, Community Services, and Public/Traffic Safety Commissions) serve on the Committee. Staff presented form -based code principles and drafts of the district map, land use matrix, street cross sections, streetscape beatification plan, circulation network, future block standards, urban parking standards, design guidelines, plan administration, sign standards, adaptive reuse standards, plan financing, and the anticipated 20 -year build out scenario. The project website, www.envisioniefferson.orq, continues to provide project information and updates to the public. -3 The draft Specific Plan is based upon the eight visioning recommendations, plan framework, and the concepts presented at the six public Steering Committee meetings. The draft Specific Plan is now available for the public to review and may be downloaded from the Envision Jefferson website at envisionjefferson.orq or at cityoftemecula.orq, The Specific Plan adoption and certification of the EI R is anticipated in November 2015. (WEST, WATSON) Uptown Jefferson Specific Plan Program Environmental Impact Report (EIR): An EIR Scoping meeting was held in June 2013, providing interested parties an opportunity to submit comments related to the scope of the EIR. As a courtesy, all property owners and businesses within the Specific Plan area were mailed notices for this meeting. The draft EIR is now complete and has been circulated for public comment. The public comment period is from May 19, 2015 to July 6, 2015. The Draft EIR is available for public review on the Envision Jefferson website at envisionjefferson.orq and cityoftemecula.orq. Certification of the Final EIR is anticipated in November 2015 along with the adoption of the Specific Plan. (WEST, WATSON) SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY Town Square Marketplace: On January 13, 2015, City Council entered into an Exclusive Negotiating Agreement (ENA) with Truax Development (Truax) in order to negotiate the disposition and development of the two, currently Successor Agency owned, vacant lots in front of the Civic Center, flanking the Town Square Park on the north and south sides of Main Street. On June 23, 2015, City Council extended the term of the ENA for an additional six months. While both Truax Development and the City have been negotiating in good faith, the complexities of the project require that the ENA be extended to allow for additional work to be completed. Upon agreeing to terms, the City and Truax envision drafting a disposition and development agreement that will be brought back before the Council for approval. (WATSON) Recognized Obligation Payment Schedule: As part of the ongoing wind -down of the former Temecula Redevelopment Agency, the Successor Agency (SARDA) is required to complete a Recognized Obligation Payment Schedule (ROPS) outlining the financial and debt obligations of the former Redevelopment Agency. Based on the outstanding obligations that are due in the six month period being reviewed, SARDA makes requests from the Property Tax Trust Fund to make the appropriate payments. On February 24, 2015 the SARDA board approved the ROPS for the period of July 1, 2015 through December 31, 2015 (ROPS 15-16A). On February 25, 2015 the Oversight Board of the Successor Agency to the Temecula Redevelopment Agency approved the ROPS 15- 16A. On March 2, 2015, the Oversight Board resolution approving ROPS 15-16A was delivered to the California State Department of Finance, the California State Controller, and the Riverside County Auditor Controller per the requirements of the redevelopment dissolution legislation. The ROPS 15- 16B was approved by the SARDA Oversight Board in September. (WATSON) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) & HOUSING Community Development Block Grant (CDBG): The City will receive $540,214 in CDBG grant funding for Fiscal Year 2015-16. The funding will be allocated as follows: 20 percent for program administration ($108,042), 15 percent for public services ($81,032) to be divided evenly between nine non-profit service providers ($7,892 each) and $10,000 to the Fair Housing Council. The remaining 65 percent was allocated for infrastructure improvements. The Old Town Sidewalk Improvement project will receive $351,140. In April, the City processed a Substantial Amendment to redirect $160,561 of unspent funds from previous fiscal years. A total of $26,223 was allocated to Habitat for Humanity for the Critical Home Maintenance and Repair Program, $12,000 to GRID Alternatives for the Solar Affordable Housing Program, and $122,338 to the Sam Hicks Monument Park Playground Replacement project. The Annual Action Plan was approved by HUD and the Grant Agreement was initiated. Staff is preparing the 2014-15 Consolidated Annual Performance and Evaluation Report (CAPER). The CAPER was approved by City Council on September 22, 2015, and submitted to HUD. (LARSEN) -4 Affordable Housing Overlay and Density Bonus Ordinance: The City Council adopted the 2014- 2021 General Plan Housing Element Update on January 28, 2014, and the City received certification from the State Department of Housing and Community Development (HCD) on March 10, 2014. A project processing schedule has been prepared for the Affordable Housing Overlay and Density Bonus Ordinances as required by Programs 1 and 4 of the Housing Element. The Code Amendment will also encompass land use updates as required by Program 3. The project is in the initial planning phase. Staff is currently conducting research and anticipates completing the ordinances for adoption in early 2016. (LARSEN) ENERGY & CONSERVATION Temecula Energy Efficiency Management (TEEM) Fund: The TEEM Fund is a self-sustaining fund that utilizes rebate incentives while also re -directing annual utility cost savings from energy efficiency projects into the fund. City Council established the fund in June 2013, with an initial deposit of $119,728.90 in SCE and SCG rebates. Staff is working with Public Financial Management, funded through the Western Riverside Energy Partnership, to develop an policy manual for the TEEM Fund, focusing on policies and methodologies for determining the amount of utility savings to be deposited into the fund after projects are completed. (WEST) Western Riverside Energy Leadership Partnership: This Partnership, consisting of eleven Western Riverside Council of Government (WRCOG) member cities, Southern California Edison (SCE), and Southern California Gas (SCG), provides incentives for participants to develop energy efficiency programs. Temecula was the first City in the Partnership to achieve Gold Level status by completing 13 energy efficiency projects in FY 2012-13, resulting in nearly $100,000 of annual utility cost savings. In FY 2013-14, the City has upgraded the Community Recreation Center parking lot lights with new LED lighting fixtures. This resulted in 9,155 kWh saved and an additional $2,280 in annual savings. Staff recently completed a comprehensive energy audit of the Temecula Library with assistance from the Partnership. The audit identified 9 energy efficiency measures which could save an estimated 107,429 kWh annually, which also equates to an estimated annual cost savings to the City of $17,278. If all efficiency measures are implemented, the City would receive approximately $20,952 in rebate incentives from SCE and SCG. Implementing these measures would allow the City to achieve Platinum Level in the Partnership kWh savings requirements, giving the City higher rebate incentives for future energy efficiency measures. (WEST) Energy Action Plans (EAP): The final draft Municipal and Community Energy Action Plans have been prepared for the City of Temecula. The Plans were funded through the Western Riverside Energy Partnership. Both EAPs establish energy reduction goals, policies, and implementation measures to achieve energy reduction goals. (WEST) Solid Waste and Recycling: Staff manages the City's Solid Waste and Recycling Agreement with CR&R and acts as a liaison between the City, CR&R, and their customers. City staff and CR&R coordinate two Citywide Clean-up events each year for residents to dispose of household waste and large miscellaneous items that do not fit into the standard residential trash receptacle. The Fall Citywide Clean -Up is scheduled forOctober24, 2015 at Chaparral High School. Staff also assists with outreach for the Riverside County Mobile Household Hazardous Waste Collection events and the Backyard Composting Workshops. This event is an effort to promote the recycling of used and other household hazardous waste. The annual rate adjustment was adopted by the City Council at a public hearing on the June 23rd The 2015-2016 rates included an organic waste recycling component to the residential rate. The residential organic recycling program will go into effect January 1, 2016. Staff is working with CR&R on an outreach and education campaign regarding the types of organic waste allowed. (WEST) -5 BUILDING & SAFETY Inspections: For the month of September, Building and Safety conducted 1,698 inspections. On average, there were 80.85 inspections per day, or 16.17 inspections per day, per inspector. Permits: During the month of September, Building and Safety issued 293 building permits. Of these permits, 9 were new residential homes and 88 photovoltaic permits. Some of these permits from this month included: Non -Construction Certificate of Occupancy Dog Park Cafe — 27548 Ynez Road Neo's Dessert and Tea House — 40788 Winchester Road Baja's Catch Fresh Grill — 32459 Temecula Parkway Tenant Improvements Ballast Point — 28551 Rancho California Road Med Focus Solutions — 42210 Roick Drive Orange Theory Fitness — 32435 Temecula Parkway CODE ENFORCEMENT During the month of September, Code Enforcement responded to 87 web complaints. In addition, the division opened 97 code cases and forwarded 25 referrals to Public Works, Police, Animal Control, and Fire. Code Enforcement also pulled 300 non -conforming signs in the community and assisted 25 people at the Community Development Counter. Detailed Code Enforcement case activity can be found in the following chart: TYPE OF CODE CASE TYPE TOTAL Abandoned or Inoperable Vehicle 6 Vacant Home / Property Maintenance / Rodent infested 13 Business or Home Occupation w/o license/CUP 20 Trash and Debris / Parking lot maintenance 3 Overgrown Vegetation / Weeds / Fire Hazard 7 Green Pool / Vector Control 3 Graffiti 7 Noise 2 Trailer / RV Stored/Boat 11 Construction w/o Permit/Building Code 4 Encroach Public ROW / Trash Cans 3 Other / Homeless Encampment 7 Signs Pulled - Violations 11 TOTAL NUMBER OF CASES 97 -6 Foreclosure Tracking: Code Enforcement works with the local real estate community to monitor foreclosures, defaults and real estate owned properties. The following charts demonstrate the past six months of activities in Temecula. Residential Foreclosure Tracking Commercial Foreclosure Tracking April May June July August September DEFAULT 2015 2015 2015 2015 2015 2015 DEFAULT 83 78 73 71 67 75 FORECLOSED 70 63 60 55 49 49 REO 95 94 95 90 88 87 TOTALS 248 235 228 216 204 211 Commercial Foreclosure Tracking -7 April 2015 May 2015 June 2015 July 2015 August 2015 September 2015 DEFAULT 0 0 1 2 2 2 FORECLOSED 0 0 0 0 0 0 REO 14 14 12 11 12 11 TOTALS 14 14 13 13 14 13 -7 PLANNING ACTIVITY REPORT Assigned Planner PA Number Project Name APN Apply Date Approval Date Applicant Business Company Name Phone Owner Status PA15-1326 922-342-028 Jaime Cardenas 09/01/2015 09/01/2015 Carlos Approved Hernandez Case Title / Description: Tour it Now, Inc. (Home Occupation) PA15-1330 962-010-007 James Atkins 09/01/2015 09/28/2015 Arvin Norouzi (818) 653-1393 The Derna Approved Group, LLC Case Title / Description: Verizon PCS LTE MOD: a Minor Modification to allow Verizon Wireless to replace three (3) existing antennas, three (3) existing RRU's, and one (1) existing radome and spine post with three (3) new 6' panel antennas, one (1) new radome, one (1) new PCS antenna, and six (6) wall -mounted diplexers. The site is located on Wolf Valley Road and is within the City of Temecula R.O.W. adjacent to parcel 962 010 007.. PA15-1332 921-040-018 Brandon Rabidou 09/02/2015 10/02/2015 Diane Kucera (951) 551-6659 Carlos Alvarez Approved Case Title / Description: Refuge Brewery Oktoberfest TUP: a Major Temporary Use Permit to allow for a private beer event and food truck on October 17, 2015 (from 5PM-10PM) at 43040 Rancho Way Suite 200. PA15-1333 921-040-018 Brandon Rabidou 09/02/2015 10/01/2015 Diane Kucera (951) 551-6659 Carlos Alvarez Approved Case Title / Description: Refuge Brewery Private Event TUP: A Minor Temporary Use Permit to allow for extended hours at Refuge Brewery from 5PM-10PM on October 2, 2015, at 43040 Rancho Way Suite 200. PA15-1336 965-160-032 Jaime Cardenas 09/02/2015 09/04/2015 Sean Smith Case Title / Description: Smittys Landscape Construction (Home Occupation) (951) 760-8750 Approved PA15-1338 921-412-005 Jaime Cardenas 09/02/2015 09/02/2015 Felicia Durling Case Title / Description: The Durling Group (Home Occupation) (541) 788-0970 Approved PA15-1339 921-830-040 Brandon Rabidou 09/02/2015 Case Title / Description: Overland Corporate Center Sign Program Amendment: A Modification to the Overland Corporate Center's sign program to add two additional monument signs along Overland Drive and Margarita Road. Mark Esbensen (951) 491-6300 OCC Retail Out PA15-1340 959-321-031 Jaime Cardenas 09/02/2015 Case Title / Description: Raelynn Dasher (Home Occupation) Raelynn Dasher Plan Review Page 1 of 7 Assigned Planner PA Number Project Name APN Apply Date Approval Business Date Applicant Company Name Phone Owner Status PA 15-1341 922-043-027 Brandon Rabidou 09/02/2015 Christopher (951) 639-0301 Plan Review Campbell Case Title / Description: Truax Sign Program Amendment: A sign program amendment to alter the existing sign program to address tenant needs at 41915 Second St. PA15-1342 921-830-009 Scott Cooper 09/03/2015 09/08/2015 Ronnie Rollman Case Title / Description: Original Pancake House Patio Minor Mod: A Minor Modification (Planning Review Only) to add a guard rail around an existing patio and to add a exterior door to service the patio. The project is located at 41377 Margarita Rd. (619) 358-9220 PFP Temecula Approved Real Estate Holdings PA15-1344 962-231-009 Jaime Cardenas 09/03/2015 09/03/2015 Rebecca Gardner Case Title / Description: Colorful Reflections (Home Occupation) (951) 302-8497 Approved PA15-1350 910-290-007 Brandon Rabidou 09/03/2015 09/14/2015 Sheryl Brady (818) 786-8960 Winchester Approved ext 1120 Marketplace Case Title / Description: Winchester Marketplace Sign Program Amendment: A Modification to the existing sign program at Winchester Marketplace to amend the general provision at 40695 Winchester Road. PA15-1351 919-190-007 Jaime Cardenas 09/03/2015 09/03/2015 Tori Daniels Approved Case Title / Description: TNT Entertainment Group LLC (Home Occupation) PA15-1352 953-500-004 Jaime Cardenas 09/03/2015 09/03/2015 John Guo Approved Case Title / Description: Ameritree Corporation (Home Occupation) PA15-1354 961-410-034 Brandon Rabidou 09/04/2015 09/16/2015 Russell Rumansoff Case Title / Description: Ace Hardware Mod: A Minor Modification (Planning Review Only) to allow for the installation of a recessed second suite entrance at 30733 Temecula Parkway. Approved PA15-1356 910-420-031 Brandon Rabidou 09/04/2015 Andrea Mansour TEMECULA Plan Review TOWNE CENTER ASSOC Case Title / Description: Tesla Minor Mod: a Minor Modification (Planning Review Only) to install 10 charging stations and 5 SuperCharger equipment cabinets at 40752 Winchester Road. PA15-1362 922-033-005 James Atkins 09/04/2015 Peter Montanez (714) 788-0763 Donald Egizi Plan Review Case Title / Description: Blackbird Tavern MOD: A Minor Modification to install a pizza oven and add an additional bar/storage area to the rear of the property at 41958 5th Street. Page 2 of 7 Assigned Planner PA Number Project Name APN Apply Date Approval Business Date Applicant Company Name Phone Owner Status PA15-1363 910-330-004 Jaime Cardenas 09/04/2015 09/30/2015 Tanya Lopez Case Title / Description: Day Middle School Bingo Night: A Bingo Night for James L. Day Middle School on October 2, 2015 from 6:30 PM to 8:30 PM (480) 272-5376 Temecula Approved Valley Unified School District PA15-1368 918-294-030 Jaime Cardenas 09/08/2015 09/08/2015 Robert Ingram Approved Case Title / Description: The Budder Ball LLC (Home Occupation) PA15-1370 921-030-002 James Atkins 09/08/2015 09/28/2015 CR Carney CR Carney Architects Architects Case Title / Description: RBI Temecula MOD: a Minor Modification (Planning Review Only) to allow for the installation of an exterior door to be located at the new tenant improvement area on the south elevation of the building. The site is located at 27711 Diaz Road. (714) 665-9500 Richard Reilly Approved PA 15-1371 Jaime Cardenas 09/08/2015 09/08/2015 Edward Apodaca Approved Case Title / Description: ERA Cabinets and Woodworking (Home Occupation) PA15-1372 Jaime Cardenas 09/08/2015 09/08/2015 Camren Apodaca Approved Case Title / Description: Cams Shutters (Home Occupation) PA15-1379 Jaime Cardenas 09/09/2015 09/09/2015 Lorena Esparza Approved Case Title / Description: LE Dream Vacations (Home Occupation) PA15-1383 961-373-022 09/10/2015 April Lowe Plan Review Case Title / Description: Hello, Sunrise Handmade Market PA15-1389 957-340-017 Jaime Cardenas 09/10/2015 09/10/2015 GREGORY DUNCAN Case Title / Description: GRD Photos (Home Occupation) (951) 207-4987 Approved PA15-1394 953-441-020 Jaime Cardenas 09/10/2015 STEVEN (619) 368-7141 Plan Review SHEARRILL Case Title / Description: Affluent Holdings LLC PA15-1395 921-462-014 Jaime Cardenas 09/11/2015 09/11/2015 JohannaAsaro Approved Case Title / Description: Legendary Wedding Travel (Home Occupation) Page 3 of 7 Assigned Planner PA Number Project Name APN Apply Date Approval Business Date Applicant Company Name Phone Owner Status PA15-1398 962-223-015 Jaime Cardenas 09/11/2015 10/02/2015 KAREN CAMPBELL SIMES Case Title / Description: Karen Simes Bookkeeping Services (Home Occupation) Approved PA15-1407 955-080-004 Jaime Cardenas 09/14/2015 09/22/2015 Pamela Dimmick Case Title / Description: Celestial Contect Services, LLC (Home Occupation) (951) 699-9071 Approved PA15-1409 910-110-039 Jaime Cardenas 09/15/2015 09/15/2015 Rachael Gilliland (234) 380-8357 JACQUELINE Completed ext 242 CHANNELL Case Title / Description: Light Industrial Zoning Letter:A Zoning Letter for the property located at 40761 County Center Drive. APN 910-110-039. PA15-1410 959-071-014 James Atkins 09/15/2015 Julia Kurlan (760) 688-6373 Jason Van Eik Plan Review Case Title / Description: Rancho Pueblo Sign Amn: a Sign Program Amendment to allow for the addition of one (1) wall sign to be located on the northwest elevation of Building F. The addition of the new wall sign will allow two (2) wall signs to be permitted on the northwest elevation Building F. The site is located at 31493 Rancho Pueblo Road. PA15-1414 919-081-007 Jaime Cardenas 09/16/2015 09/16/2015 Dana Richardson Approved Case Title / Description: D & D Home Restoration, LLC (Home Occupation) PA15-1423 959-070-018 Eric Jones 09/17/2015 Gary Barry (760) 468-9747 Rancho Community Reformed Church Case Title / Description: Rancho Community Church Modification for Landscape Inspections: A Minor Mod for landscape inspection tracking purposes only of Rancho Community Church. Plan Review PA15-1424 919-183-002 Jaime Cardenas 09/17/2015 09/17/2015 Terry Harris Approved Case Title / Description: Doc'sAutomotive (Home Occupation) PA15-1431 959-141-051 Jaime Cardenas 09/18/2015 09/22/2015 Sharon Janssen Approved Case Title / Description: Priority 2 Floral Internatinal Inc (Home Occupation) PA15-1434 916-400-032 Stuart Fisk 09/21/2015 Thomas Verloop Michael BAker (951) 676-8042 Harveston SAB Plan Review International (RBF Consulting) Case Title / Description: Audi Lot Line Adjustment: A lot line adjustment to facilitate future development. The project site is located south of the existing Mercedes-Benz dealership and north of Date Street, between 1-15 and Temecula Center Drive. Page 4 of 7 Assigned Planner PA Number Project Name APN Apply Date Approval Business Date Applicant Company Name Phone Owner Status PA15-1436 921-471-015 Jaime Cardenas 09/21/2015 09/22/2015 Tammy Petricka Approved Case Title / Description: Tammy Petricka Young Living Essential oils (Home Occupation) PA15-1437 959-211-010 Jaime Cardenas 09/21/2015 09/21/2015 Kelsey Smith Approved Case Title / Description: Kelsey Rae Designs PA15-1438 916-673-013 Jaime Cardenas 09/21/2015 09/21/2015 Heather Smith Approved Case Title / Description: Harris & Smith's Personalized Home Cleaning (Home Occupation) PA15-1440 922-024-009 Eric Jones 09/22/2015 Carlos Palma (951) 264-8664 Palomar Rental Plan Review Case Title / Description: Palomar Hotel Landscape Tracking Minor Modification (Planning Review Only): A Minor Modification Application (Planning Review Only) to track landscape fees and inspections for the Palomar Hotel. PA15-1444 920-013-002 Jaime Cardenas 09/22/2015 09/22/2015 Travis Brooks Approved Case Title / Description: Travis Brooks Fitness Consulting (Home Occupation) PA15-1447 Jaime Cardenas 09/23/2015 09/23/2015 Colleen Chambers-Muno z Case Title / Description: CM Social Work Consultant (Home Occupation) Approved PA15-1450 959-060-007 Eric Jones 09/24/2015 Incha Lockhart (951) 907-1700 Makena Medical Builings Case Title / Description: Halcon Rojo Sign Program Amendment: A Sign Program Amendment to allow revisions to the Halcon Rojo sign program. The project is located at 31150 Temecula Parkway. Plan Review PA15-1451 961-252-022 James Atkins 09/24/2015 09/24/2015 Kevin Beggs Approved Case Title / Description: Kevin Beggs Photography (Home Occupation) PA15-1453 922-110-031 Scott Cooper 09/24/2015 10/08/2015 Louis Kash mere Case Title / Description: Garage Brewery 2nd Anniversary: a Temporary Use Permit to allow for Garage Brewery to conduct their 2nd Anniversary party. The event will be conducted on Saturday, October 17 and run from 2:00 p.m. to 6:00 p.m. The site is located at 29095 Old Town Front Street. Approved PA15-1459 922-130-018 James Atkins 09/25/2015 Case Title / Description: Hillcrest Academy Minor Mod: A Minor Modification (Planning Review Only) to install a sail shade structure over the play yard. The project is located at 29275 Santiago Road. Sean Roy (951) 676-4754 HILLCREST Plan Review ext 228 ACADEMY Page 5 of 7 Assigned Planner PA Number Project Name APN Apply Date Approval Business Date Applicant Company Name Phone Owner Status PA15-1465 Jaime Cardenas 09/28/2015 09/28/2015 Karen Byfield Approved Case Title / Description: Karen Byfield (Home Occupation) PA15-1468 921-700-016 Scott Cooper 09/29/2015 10/05/2015 Brian Housley Case Title / Description: Musicmaker Temecula TUP: A Temporary Use Permit for the operation of Musicmaker Temecula while a Conditional Use Permit Application is processed as well as a Grand Opening on October 15, 2015 from 12:OOpm until 8:OOpm. The project is located at 30630 Rancho California Road. (760) 656-8998 PK I PALOMAR VILLAGE Approved PA15-1469 921-700-016 Scott Cooper 09/29/2015 Case Title / Description: Musicmaker Temecula CUP: A CUP to operate a music school that offers lessons in vocals, guitar, keyboards, and drums. The project is located at 30630 Rancho California Road. Brian Housley (760) 656-8998 PK I PALOMAR VILLAGE Plan Review PA15-1470 922-130-017 James Atkins 09/29/2015 Case Title / Description: VZW Avocado MOD: a Minor Modification to allow for Verizon Wireless to remove and replace six (6) panel antennas, install six (6) new RRU's, and add one (1) new hybrid fiber/power cable to the an existing monopine. The site is located at 29775 Santiago Road. Aaron Anderson Verizon Wireless (562) 485-8012 RANCHO BAPTIST CHURCH Plan Review PA15-1471 957-163-012 Jaime Cardenas 09/29/2015 10/09/2015 Eric Cox Approved Case Title / Description: American Saver Temecula Valley (Home Occupation) PA15-1473 961-371-050 09/29/2015 Angela Anderson Plan Review Case Title / Description: Angela Anderson Photography - Home Occupation PA15-1475 955-113-026 Jaime Cardenas 09/29/2015 09/29/2015 John Brown Approved Case Title / Description: Wide White Kustoms (Home Occupation) PA15-1477 916-400-032 Stuart Fisk 09/29/2015 Ware Malcomb Ware Malcomb (858) 500-4627 Harveston SAB Plan Review Case Title / Description: Audi Sign Program: A new comprehensive sign program for Hoehn Audi Temecula located at 40955 Temecula Center Drive. PA15-1482 953-421-015 Jaime Cardenas 09/30/2015 10/02/2015 Approved Case Title / Description: What Geo Does Page 6 of 7 Assigned Planner PA Number Project Name APN Apply Date Approval Business Date Applicant Company Name Phone Owner Status PA15-1502 921-480-078 Brandon Rabidou 09/14/2015 Kimberly Gross (928) 753-3871 Starwood III Plan Review Hospitality, LLC Case Title / Description: Holiday Inn Express PC&N: A Finding of Public Convenience or Necessity application to authorize a Type 20 license (accompanying a Conditional Use Permit-PA15-0655) at the Holiday Inn Express located at 27660 Jefferson Ave. PREAPP15-135 5 Scott Cooper 09/04/2015 09/10/2015 Jason Joe Case Title / Description: Sunset Cocktails Pre -Application: A Pre -Application for Sunset Cocktails to bottle and distribute mixed beverages containing alcohol. The project is located at 42225 Remington Avenue. (951) 775-9543 Completed P REAPP 15-138 909-371-014 5 James Atkins 09/10/2015 Case Title / Description: Genesis Hoops Pre -App: a Pre -Application for Genesis Hoops to allow for a non-profit youth basketball training facility to be conducted within an existing building. The operation will include teaching fundamental skills of the game for boys and girls 5 -years of age and older. The site is located at 42222 Remington Avenue. Rudy Brown (951) 977-3770 Plan Review PREAPP15-139 944-370-008 Eric Jones 09/10/2015 10/01/2015 Matthew Fagan (951) 265-5428 Temecula Completed 1 Village Dev Case Title / Description: Temecula Village PDO -5 Pre -Application: A Pre -Application for the Temecula Village PDO -5 commercial sub areas A and B. The application features approximately 62,937 square feet of commercial space within eight buildings. PREAPP15-140 922-043-026 Scott Cooper 1 09/11/2015 09/24/2015 Cole Brewer (858) 242-0561 Steve Lamb Completed Case Title / Description: Old Town Public Valet Pre -Application: A Pre -Application to review a proposed valet parking lot located within the existing Old Town Tire parking lot located at 28700 Old Town Front Street. PREAPP15-145 5 957-340-066 Brandon Rabidou 09/24/2015 10/02/2015 Patrick Sawchuk (951) 696-5590 Todd Simon Completed Case Title / Description: Sawchuk Lot: a Pre -Application to consider the subdivision and drainage issues for an existing lot. The lot is located at 31862 Camino Cielo, APN 957-340-066. Page 7 of 7 Item No. 18 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jeffrey Kubel, Chief of Police DATE: October, 27, 2015 SUBJECT: Police Department Monthly Report PREPARED BY: Joseph Greco, Sergeant RECOMMENDATION: That the City Council Receive and file. The following report reflects the activity of the Temecula Police Department for the month of September 2015. PATROL SERVICES Overall calls for police service 3,226 "Priority One" calls for service 52 Average response time for "Priority One" calls 7.54 Minutes VOLUNTEERS Volunteer administration hours 190 Special Events hours 131 Community Action Patrol (CAP) hours 895 Reserve officer hours (patrol) 27 Training hours 17 Total Volunteer hours 1253 CRIME PREVENTION Crime prevention workshops/Neighborhood watch meetings conducted 0/1 Safety presentations/Training 1/0 Special events 2 Residential/Business security surveys conducted 0/0 Businesses visited 0 Residences/Businesses visited for past crime follow-up 0/0 Station Tour 1 Planning Review Projects/Temp Outdoor Use Permits 8/1 Square Footage of Graffiti Removed 1,796 OLD TOWN STOREFRONT Total customers served 192 Sets of fingerprints taken 51 Police reports filed 27 Citations signed off 27 Total receipts $2,988.00 SPECIAL TEAMS (POP / SET) On sight felony arrests 8 On sight misdemeanor arrests 8 Felony arrest warrants served 2 Misdemeanor arrest warrants served 4 Follow-up investigations......... ...... ............ ...... ......... ...... ............ ...... ......... ...... ....... 5 Parole/Probation Searches 0/18 PedestrianChecks... ...... ............... ...... ...... ............... ...... ...... ............... ........ .11 Traffic Stops/Vehicle Checks 14 Crime Free Housing Checks 0 TRAFFIC Citations issued for hazardous violations 1376 Grant funded D.U.I. / Traffic safety checkpoints 7 Grant funded traffic click it or ticket 0 D.U.I. Arrests 21 Non -hazardous citations 343 Stop Light Abuse/Intersection Program (S.L.A.P.) citations 55 Neighborhood Enforcement Team (N.E.T.) citations 131 Parking citations 125 School Zone 97 Seatbelts 42 Cell Phone Cites 68 Injury collisions 37 INVESTIGATIONS Beginning Caseload 160 Total Cases Assigned 71 Total Cases Closed 58 Search Warrants Served 14 Arrests 6 Out of Custody Filings........................................................................... 10 PROMENADE MALL TEAM Calls for service 539 Felony arrest/filings 6 Misdemeanor arrest/filings 17 Traffic Citations 0 Fingerprints/Livescans 200 Total receipts $6,212.00 SCHOOL RESOURCE OFFICERS Felony arrests 1 Misdemeanor arrests 9 Reports 19 Youth counseled 163 Meetings 93 Item No. 19 Approvals City Attorney Finance Director City Manager Sier— CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas W. Garcia, Director of Public Works/City Engineer DATE: October 27, 2015 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file the Public Works Department Monthly Report for Capital Improvement Projects, Maintenance Projects, and Land Development Projects. City of 'TemecuCa DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT OCTOBER 27, 2015 PROJECT NAME BRIEF DESCRIPTION TOTAL PROJECT COST ESTIMATED/CURRENT MILESTONES CAPITAL IMPROVEMENT PROJECTS CIRCULATION PROJECTS Interstate -15 / State Route 79 South Ultimate Interchange, PW04-08 Construction of ramp system that will improve access to Interstate 15 from Temecula Parkway / State Route 79 South $50,646,123 • Request for Authorization expected by December 2015 Pavement Rehabilitation Program Rancho California Road (Jefferson Avenue to Ynez Road), PW10-12 Design, construction of pavement rehabilitation, and reconstruction of major streets $729,000 • Completed on October 4, 2015 INFRASTRUCTURE PROJECTS City Hall Exterior LED Lighting/"Light It Up", PW15-05 Installation of exterior LED lighting at City Hall for the "Light It Up" events $67,482 • Deadline to submit Proposals to the RFP was October 1, 2015 • Submitted Proposals are being reviewed Fire Station 73 Living Quarters Upgrade, PW13-07 Improvements to living and sleeping quarters to accommodate staff $1,859,500 • Under construction • Project completion expected in December 2015 Pavement Rehabilitation Program Old Town Front Street Pavement and Storm Drain Rehabilitation, PW12-14 Replacement of the cross gutter at the south end of Old Town Front Street with underground pipes; rehabilitate Old Town Front Street from Temecula Parkway to First Street $585,000 • Bid opening was held on September 10, 2015 • Construction Contract awarded to Beador Construction Company, Inc. at the October 13, 2015 City Council Meeting City of TemecuCa DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT OCTOBER 27, 2015 PROJECT NAME BRIEF DESCRIPTION TOTAL PROJECT COST ESTIMATED/CURRENT MILESTONES CAPITAL IMPROVEMENT PROJECTS INFRASTRUCTURE PROJECTS (continued) Temecula Park and Ride, PW06-09 Acquisition of property, design, and construction of a park and ride facility in the vicinity of Temecula Parkway and La Paz Street $2,764,093 • Authorization for Bid advertising was approved at the September 22, 2015 City Council Meeting • Authorization (RFA) of Federal Funds was submitted to Caltrans on September 24, 2015 • Project will be advertised for construction bids once the authorization is received YMCA Repair and Remediation, PW12-10 Repair and remediate the YMCA building and correct building deficiencies $1,448,569 • Bid opening was held on September 15, 2015 PARKS & RECREATION PROJECTS: Sam Hicks Monument Park Playground Enhancement, PW12-20 Design and construct a new innovative play area to replace the existing equipment $648,888 • Notice to Proceed with Design and Fabrication was issued on June 9, 2015 • First submittal of the designer is being reviewed • An agreement for construction will be executed at a later date. City of 'TemecuCa DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT OCTOBER 27, 2015 PROJECT NAME BRIEF DESCRIPTION TOTAL PROJECT COST ESTIMATED / CURRENT MILESTONES MAINTENANCE PROJECTS Playground Equipment Enhancement and Safety Surfacing Replace aging play structures and associated safety surfacing $275,000 • Priority list and replacement program being prepared City Facilities Rehabilitation — Mary Phillips Senior Center Rehabilitation Install new flooring throughout various areas of the facility, paint interior, upgrade front reception area, repair damaged trim molding, and replace ceiling tiles $125,000 • Start date is anticipated for September 28, 2015 • First Phase completed October 9, 2015 • Estimated completion date of all rehab work is June 2016 PROJECT NAME BRIEF DESCRIPTION ESTIMATED/CURRENT MILESTONES LAND DEVELOPMENT PROJECTS EMWD (Utility Project) Old Town Sewer Project located at Old Town Front Street and Moreno Road to First Street • Sewer pipe installation from Third Street to the North Entrance to Old Town (North Arch) is currently underway • Portions of sewer pipe installation between the U - Haul site and Third Street, and Moreno Road and the North Entrance to Old Town (North Arch) are complete Walcott Estates Walcott Lane • Developer continues to work on the landscaping and trail in front of the property Standard Pacific Terracing —Housing development in County • Exporting of material from this County project site via City streets is currently on hold due to the Contactor's dirt balancing issues • The sewer main project along deer Hollow is currently underway from Peach Tree Street to Peppercorn Drive Murrieta Creek Restoration Project Army Corps of Engineers • Riverside County Flood Control and Water Conservation District started their Murrieta Creek restoration project south of Rancho California Road • Trucking of excess soils from the creek began in mid- October and will continue off and on for approximately one year REQUESTS TO SPEAK I wish to speak on: Subject: REQUEST TO SPEAK CITY OF TEMECULA Date: Public Comment ITY COUNCI� / CSD / SARDA /THA / TPFA (Circle One) ( L1 Rb2N 1 C-44RM rz kck65 rf 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 mattes comes up. Please go to the podium and state your name for the record. Name. DPPr'/P Zig ric ) CF;1✓l rb/2DUi-(ftriri.nje 012.C1-46.ETR_A- Address: . , Phone Number: If you are representing an organization or group, please give the name: CALL PORN LA C-14/1 rnSe °feekesT02r- Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. DOCUMENTS SUBMITTED FOR THE RECORD Please Read into the Public Record for Agenda Item #11 — Naming the Temecula Library after Council member Ron Roberts. My name is Shawn Nelson, and I had the great pleasure to work for the City of Temecula for 21 years; 8 years as Community Services Director and 13 years as City Manager. Unfortunately, I am unable to attend tonight's hearing, but I wanted to go on record in full support of renaming the Temecula Library in honor of Council member Ron Roberts. The Temecula Library was Ron's greatest passion, as he personally attended several meetings in Sacramento and San Diego over a 5 year period to push for the City of Temecula to receive $8.5 million in Library Bond Act funding. His efforts came to fruition on Oct. 28, 2003 in Sacramento when the City of Temecula was awarded $8.5 million in funding for the library project. With the funding in place, Ron pushed that we immediately move full speed ahead with the construction of the library project. That's exactly what we did. On Dec. 14, 2006, the City of Temecula officially dedicated our beautiful, public library to our community. Council member Ron Roberts made sure that the City of Temecula received the $8.5 million in funding from the State of California, and our citizens will benefit from the most visited library in all of Riverside County for many decades to come. I strongly and fully support the recommendation to name our beautiful, public library after City Council member Ron Roberts, as it will forever commemorate his dedication and commitment to the public service of others. Agenda Item #15 — Inclusion of Ron Roberts on the City's Wall of Honor I fully support the inclusion of Council member Ron Roberts on the City's Wall of Honor. This is an honor that he justly deserves.