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011216 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JANUARY 12, 2016 – 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: 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 three matters of pending litigation: (1) Hanson v. City of Temecula, Riverside County Superior Court No. RIC1411591; (2) Los Ranchitos Homeowners Association v. City of Temecula, Riverside County Superior Court No. RIC1512880; and (3) Scharpen Foundation v. Kamala Harris et al; Riverside County Superior Court No. RIC1514022. Next in Order: Ordinance: 16-01 Resolution: 16-01 CALL TO ORDER: Mayor Pro Tem Maryann Edwards Prelude Music: Noah Stevens Invocation: Lead Pastor Kai Foster of Temecula Valley Church of Christ Flag Salute: Council Member Jeff Comerchero ROLL CALL: Comerchero, Edwards, McCracken, Rahn, Naggar PRESENTATIONS/PROCLAMATIONS Presentation of 25 -Year Service Pin to Ron Guerriero 1 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 December 8, 2015 RECOMMENDATION: 2.1 That the City Council approve the action minutes of December 8, 2015. 3 Approve the List of Demands RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 16- 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 the City Treasurer's Report as of November 30, 2015 RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as of November 30, 2015. 5 Approve Annual Citywide Records Retention Schedule and Records Destruction and Adopt Electronic Document Management System Policy RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING REVISIONS TO THE ESTABLISHED CITYWIDE RECORDS RETENTION SCHEDULE, THEREBY AMENDING AND RESTATING THE RECORDS RETENTION POLICY, AND APPROVING THE DESTRUCTION OF CERTAIN RECORDS 5.2 Adopt a resolution entitled: RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CITY'S ELECTRONIC DOCUMENT MANAGEMENT SYSTEM (EDMS) POLICY 6 Approve Annual Legislative Platform and Related Program Policy and Procedures for Calendar Year 2016 RECOMMENDATION: 6.1 That the City Council approve the annual Legislative Platform and related program policy and procedures for calendar year 2016. 7 Approve Annual Boards and Commissions Handbook and Related Policy and Procedures for Calendar Year 2016 RECOMMENDATION: 7.1 That the City Council approve the annual Boards and Commissions Handbook and related policy and procedures for calendar year 2016. 8 Adopt Updated Complimentary Ticket Policy RECOMMENDATION: 8.1 That the City Council adopt the updated complimentary ticket policy. 3 9 Adopt Ordinance 15-14 for Uptown Temecula Specific Plan New Streets In -Lieu Fee (Second Reading) RECOMMENDATION: 9.1 That the City Council adopt an ordinance entitled: ORDINANCE NO. 15-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING CHAPTER 15.20, UPTOWN TEMECULA SPECIFIC PLAN NEW STREETS IN -LIEU FEE AND MAKING FINDINGS THAT NO FURTHER CEQA REVIEW IS REQUIRED 10 Approve a Five-year Master Lease Purchase Agreement with HP Financial Services for the Lease of Technology Infrastructure RECOMMENDATION: 10.1 Approve a Five -Year Master Lease Purchase Agreement with HP Financial Services for the lease of Technology Infrastructure for an annual amount of $150,303.88 and for a total contract amount of $751,519.40, including tax; 10.2 Approve the contingency amount $75,151.94 which is equal to 10% of the contract amount, for a total contract amount of $826,671.34. 11 Approve the First Amendment to the Agreement with Interwest Consulting Group for the Provision of Building Inspection Services RECOMMENDATION: 11.1 That the City Council approve the First Amendment to the Agreement with Interwest Consulting Group, in the amount of $24,000, for the provision of building inspection services, for a total agreement amount of $49,000. 12 Approve the Plans and Specifications, and Authorize Solicitation of Construction Bids for the Winchester Road at Roripaugh Ranch Road Traffic Signal Modification, PW15-03 RECOMMENDATION: 12.1 Approve the Plans and Specifications, and Authorize the Department of Public Works to Solicit Construction Bids for the Winchester Road at Roripaugh Ranch Road Traffic Signal Modification, PW15-03; 12.2 Make a finding that this project is exempt from CEQA pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. 4 13 Approve the Plans and Specifications, and Authorize Solicitation of Construction Bids for the Citywide Slurry Seal for Arterial Streets, PW15-10 RECOMMENDATION: 13.1 Approve the Plans and Specifications, and Authorize the Department of Public Works to Solicit Construction Bids for the Citywide Slurry Seal for Arterial Streets, PW15-10; 13.2 Make a finding that this project is exempt from CEQA pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. 14 Annul Contract, Reject All Bids, and Request Authorization to Solicit New Construction Bids for Old Town Front Street Pavement and Storm Drain Rehabilitation, PW12-14 RECOMMENDATION: 14.1 Authorize the City Manager to sign a Mutual Contract Annulment Agreement between the City and Beador Construction Company, Inc.; 14.2 Reject all bids for the Old Town Front Street Pavement and Storm Drain Rehabilitation, PW12-14, and Authorize the Department of Public Works to Solicit New Construction Bids for the Project. ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY ******************** 5 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: CSD 16-01 Resolution: CSD 16-01 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, McCracken, Naggar, Rahn, Comerchero PRESENTATIONS/PROCLAMATIONS Presentation of Gavel from Outgoing TCSD President Maryann Edwards to Incoming TCSD President Jeff Comerchero 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. 15 Approve the Action Minutes of December 8, 2015 RECOMMENDATION: 15.1 That the Board of Directors approve the action minutes of December 8, 2015. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS 6 CSD ADJOURNMENT Next regular meeting: Tuesday, January 26, 2016, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 7 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: SARDA 16-01 Resolution: SARDA 16-01 CALL TO ORDER: Chairperson Mike Naggar ROLL CALL: DIRECTORS: Comerchero, Edwards, McCracken, Rahn, Naggar SARDA PUBLIC COMMENTS A total of 15 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 Agency 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. SARDA CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Successor Agency to the Temecula Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. 16 Approve the Action Minutes of December 8, 2015 RECOMMENDATION: 16.1 That the Board of Directors approve the action minutes of December 8, 2015. SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTORS REPORTS SARDA ADJOURNMENT Next regular meeting: Tuesday, January 26, 2016, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California 8 TEMECULA HOUSING AUTHORITY — No Meeting TEMECULA PUBLIC FINANCING AUTHORITY — No Meeting RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 17 Introduce a Citywide Ordinance Prohibiting the Cultivation of Marijuana Within the City of Temecula RECOMMENDATION: 17.1 That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 16 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 8.52, MARIJUANA CULTIVATION, TO THE TEMECULA MUNICIPAL CODE TO PROHIBIT THE CULTIVATION OF MARIJUANA IN THE CITY, AMENDING THE ZONING ORDINANCE TO PROHIBIT MARIJUANA CULTIVATION IN ALL ZONES, AMENDING THE DEFINITION OF ENFORCEMENT OFFICIAL AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES, SECTION 15061(B)(3) CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, January 26, 2016, 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.org — 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. 9 COUNCIL CONSENT CALENDAR Item No. 1 Approvals City Attorney Finance Director City Manager .1Ial. 411k CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: January 12, 2016 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 DECEMBER 8, 2015 – 7:00 PM 6:00 PM - The City Council convened in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(2) with respect to one matter of pending litigation: The Sharpen Foundation dba ICU Mobile Riverside County v. Kamala Harris, et al., Riverside County Superior Court No. RIC1514022. At 6:00 PM Mayor Comerchero called the City Council meeting to order and recessed to Closed Session to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:05 PM CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Chaparral High School Show Choir – Platinum FX Invocation: Pastor William Rench of Calvary Baptist Church Flag Salute: Council Member Matt Rahn ROLL CALL: Edwards, McCracken, Naggar, Rahn, Comerchero PRESENTATIONS/PROCLAMATIONS Presentation of Certificate of Recognition to Melissa Donaldson Presentation of Certificate of Recognition to Deputy Bruce Pierson Temecula Has Heart Presentation by Mayor Jeff Comerchero Action Minutes 120815 1 PUBLIC COMMENTS The following individuals addressed the City Council: • Rebecca Weersing • Lynn Pennock • Rudy Navarro • James Pollard • Robert Tyler • Cynthia Pollard CITY COUNCIL REPORTS CONSENT CALENDAR 1 Waive Reading of Standard Ordinances and Resolutions - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. 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 November 17, 2015 - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 2.1 That the City Council approve the action minutes of November 17, 2015. 3 Approve the List of Demands - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Action Minutes 120815 2 4 Approve the City Treasurer's Report as of October 31, 2015 - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as of October 31, 2015. 5 Approve Financial Statements for the 1st Quarter Ended September 30, 2015 and Approve a Resolution to Establish a Special Revenue Fund for the Collection of Public, Education and Government (PEG) Fees - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 5.1 Receive and file the Financial Statements for the 1st Quarter Ended September 30, 2015; 5.2 Adopt a Resolution entitled: RESOLUTION NO. 15-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A SPECIAL REVENUE FUND FOR THE COLLECTION OF PUBLIC, EDUCATION AND GOVERNMENT (PEG) FEES 6 Approve Professional Services Consulting Agreement with Data Ticket, Inc. DBA: Revenue Experts for Parking Citation Processing - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 6.1 That the City Council approve a five-year Professional Services Consulting Agreement with Data Ticket, Inc. dba: Revenue Experts for parking citation processing, in the amount of $30,000 annually, for a total five-year contract amount of $150,000. Action Minutes 120815 3 7 Approve Non -Exclusive Vehicle Maintenance, Repair and Tire Services Agreement with Old Town Tire and Service, LLC for the City's Fleet - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 7.1 That the City Council approve a five-year Vehicle Maintenance, Repair and Tire Services Agreement with Old Town Tire & Service, LLC, in the amount of $90,000 annually, for a total five-year contract amount of $450,000, for the City's Fleet. 8 Adopt Ordinance 15-12 to Approve an Amendment to the Temecula Municipal Code to Revise the Expiration Date and Time Extensions for Development Plans (Second Reading) - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 8.1 That the City Council adopt the ordinance entitled: ORDINANCE NO. 15-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE BY EXTENDING THE TIME FOR COMMENCEMENT OF CONSTRUCTION OF CERTAIN DEVELOPMENT PERMITS AND INCREASING THE NUMBER OF EXTENSIONS OF TIME ALLOWED FOR SAID PERMITS (LONG RANGE PLANNING APPLICATION NO. LR15-1285) 9 Adopt Ordinance 15-13 to Adopt Uptown Jefferson Specific Plan (Second Reading) - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. Action Minutes 120815 4 RECOMMENDATION: 9.1 That the City Council adopt an ordinance entitled: ORDINANCE NO. 15-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE UPTOWN JEFFERSON SPECIFIC PLAN, AMENDING THE TEMECULA ZONING CODE TO ADD THE UPTOWN JEFFERSON SPECIFIC PLAN TO THE APPROVED SPECIFIC PLAN ZONES, AMENDING THE TEMECULA ZONING MAP TO REFLECT THE UPTOWN JEFFERSON SPECIFIC PLAN, AND AMENDING THE ADULT BUSINESS OVERLAY ZONE TO ELIMINATE THE UPTOWN JEFFERSON SPECIFIC PLAN AREA 10 Consent to Assignment or Transfer of Control of Cable Television Franchise Between the City of Temecula and Verizon Communications, Inc. to Frontier Communications - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 10.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONSENTING TO THE TRANSFER OF THE "CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY OF TEMECULA AND VERIZON COMMUNICATIONS, INC." DATED AS OF JUNE 11, 2006, AS AMENDED, TO FRONTIER COMMUNICATIONS CORPORATION 11 Approve the Ninth Amendment to the Agreement with Michael Baker International, Inc. for Design of Interstate 15 / State Route 79 South Ultimate Interchange, PW04-08 - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 11.1 Approve the Ninth Amendment to the Agreement for Professional Engineering Services with Michael Baker International, Inc. for Design of Interstate 15 / State Route 79 South Ultimate Interchange, increasing the contingency amount by $75,000; 11.2 Increase the City Manager's authority to approve Extra Work Authorizations by $75,000. Action Minutes 120815 5 12 Accept Improvements and File the Notice of Completion for the Maintenance of Caltrans Landscape Improvements Behind Civic Center, PW06-07(D) - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 12.1 Accept the Improvements of the Maintenance of Caltrans Landscape Improvements — September 2010 through June 2015, PW06-07(D), as complete; 12.2 Direct the City Clerk to File and Record the Notice of Completion and Release the Performance Bond; 12.3 Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. 13 Accept Improvements and File the Notice of Completion for the Temecula Community Center Renovation, PW12-01 - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 13.1 Accept the construction of the Temecula Community Center Renovation, PW12-01 as complete; 13.2 Direct the City Clerk to file and record the Notice of Completion and release the Performance Bond; 13.3 Release the Labor and Materials Bond sixty days after filing of the Notice of Completion if no liens have been filed. 14 Approve Five Quitclaim Deeds Transferring Surplus Property to the City of Murrieta in Connection with the French Valley Parkway Interchange, PW02-11 and PW07-04- Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. Action Minutes 120815 6 RECOMMENDATION: 14.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING FIVE QUITCLAIM DEEDS TRANSFERRING TO THE CITY OF MURRIETA CERTAIN SURPLUS PROPERTY LOCATED IN THE JURISDICTION OF THE CITY OF MURRIETA IN CONNECTION WITH THE FRENCH VALLEY PARKWAY / INTERSTATE 15 OVERCROSSING AND INTERCHANGE IMPROVEMENTS, PW02-11 AND PW07-04 15 Adopt a Resolution to Establish an Administrative Citation Schedule for Water Quality Violations - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar, Rahn and Comerchero. RECOMMENDATION: 15.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE ADMINISTRATIVE CITATION SCHEDULE FOR VIOLATIONS OF CHAPTER 8.28 OF THE TEMECULA MUNICIPAL CODE, RELATING TO WATER QUALITY RECESS At 8:21 PM, the City Council recessed and convened as the Temecula Community Services District Meeting, Successor Agency to the Temecula Redevelopment Agency Meeting, and the Temecula Public Financing Authority Meeting. At 8:33 PM, the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 21 Approve a Location Agreement Between the City of Temecula and Medline Industries, Inc. (Professional Hospital Supply), Providing an Economic Development Subsidy Through the Sharing of Sales Tax Revenues From the Professional Hospital Supply Facility - Approved Staff Recommendation (5-0) Council Member Edwards made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members McCracken, Naggar, Rahn, Comerchero and Edwards. Action Minutes 120815 7 RECOMMENDATION: 21.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 15-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "LOCATION AGREEMENT" BETWEEN THE CITY OF TEMECULA AND MEDLINE INDUSTRIES, INC. (PROFESSIONAL HOSPITAL SUPPLY) • Ken Payne & Neil Cleveland addressed the City Council on this item. 22 Adopt Uptown Temecula Specific Plan New Streets In -Lieu Fee - Approved Staff Recommendation to adopt the Uptown Temecula Specific Plan New Streets In - Lieu Fee in the amount of (a) $6,351 for a Residential Unit, (b) $4.25 per square foot of gross building area for Office Uses, (c) $9.94 per square foot of gross building area for Retail Uses, and (d) $6.23 per square foot of gross building area for Hotel Uses; with a phased implementation schedule of 0% of the adopted fee from January 1, 2016 through June 30, 2016, 50% of the adopted fee from July 1, 2016 through December 31, 2016, and 100% of the adopted fee from January 1, 2017 and thereafter; and said fees shall be applicable to a development project when the Director of Community Development deems the planning application complete. (4-1, Council Member Naggar voting no) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members McCracken, Naggar, Rahn, Comerchero and Edwards with Council Member Naggar voting no. Approved Staff Recommendation 22.1 (4-1, Council Member Naggar voting no) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval by Council Members McCracken, Naggar, Rahn, Comerchero and Edwards with Council Member Naggar voting no. Approved Staff Recommendation 22.2 to establish the fees in the amount of (a) $6,351 for a Residential Unit, (b) $4.25 per square foot of gross building area for Office Uses, (c) $9.94 per square foot of gross building area for Retail Uses, and (d) $6.23 per square foot of gross building area for Hotel Uses; with a phased implementation schedule of 0% of the adopted fee from January 1, 2016 through June 30, 2016, 50% of the adopted fee from July 1, 2016 through December 31, 2016, and 100% of the adopted fee from January 1, 2017 and thereafter; and said fees shall be applicable to a development project when the Director of Community Development deems the planning application complete. (4-1, Council Member Naggar voting no) Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval by Council Members McCracken, Naggar, Rahn, Comerchero and Edwards with Council Member Naggar voting no. Action Minutes 120815 8 RECOMMENDATION: 22.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 15-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING CHAPTER 15.20, UPTOWN TEMECULA SPECIFIC PLAN NEW STREETS IN -LIEU FEE AND MAKING FINDINGS THAT NO FURTHER CEQA REVIEW IS REQUIRED City Attorney Thorson read by title only Ordinance No. 15-14. 22.2 Adopt a resolution entitled: RESOLUTION NO. 15-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AND IMPOSING THE "UPTOWN TEMECULA SPECIFIC PLAN NEW STREETS IN -LIEU FEE" CITY COUNCIL BUSINESS 23 Appoint Member to the Planning Commission - Approved Staff Recommendation (5-0) Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval by Council Members McCracken, Naggar, Rahn, Comerchero and Edwards. RECOMMENDATION: 23.1 That the City Council appoint Gary Watts to the Planning Commission. 24 Appointment of Mayor and Mayor Pro Tem for Calendar Year 2016 - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion to appoint Council Member Naggar as Mayor and Council Member Edwards as Mayor Pro Tem; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members McCracken, Naggar, Rahn, Comerchero and Edwards. RECOMMENDATION: 24.1 Appoint the Mayor, effective January 1, 2016, to preside until December 31, 2016; 24.2 Appoint the Mayor Pro Tem, effective January 1, 2016, to hold this office until December 31, 2016. Action Minutes 120815 9 DEPARTMENTAL REPORTS 25 Public Works Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson reported that by a 5/0 vote, the City Council directed the City Attorney to respond to the complaint in the Sharpen Foundation Lawsuit against Attorney General Harris and the City Attorney of Temecula. ADJOURNMENT At 10:24 PM, the City Council meeting was formally adjourned to Tuesday, January 12, 2016, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. ********** Adjourned in Memory of the San Bernardino Victims ********** Jeff Comerchero, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Action Minutes 120815 10 Item No. 3 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: January 12, 2016 SUBJECT: Approve the List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Shafe, Accounting Specialist RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 16- 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. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $6,093,462.94. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of January, 2016. Michael S. Naggar, 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. 16- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of January, 2016, 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 11/24/2015 TOTAL CHECK RUN: $ 1,178,585.16 12/03/2015 TOTAL CHECK RUN: 1,002,636.69 12/10/2015 TOTAL CHECK RUN: 2,977,800.00 12/03/2015 TOTAL PAYROLL RUN: 444,271.64 12/10/2015 TOTAL PAYROLL RUN: 18,267.20 12/17/2015 TOTAL PAYROLL RUN: 471,902.25 TOTAL LIST OF DEMANDS FOR 01/12/2016 COUNCIL MEETING: $ 6,093,462.94 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 2,510,505.79 135 BUSINESS INCUBATOR RESOURCE 2,548.42 140 COMMUNITY DEV BLOCK GRANT 1,613.20 150 AB 2766 FUND 1,704.90 165 AFFORDABLE HOUSING 18,397.34 170 MEASURE A FUND 36,930.00 190 TEMECULA COMMUNITY SERVICES DISTRICT 267,656.18 192 TCSD SERVICE LEVEL B STREET LIGHTS 132.97 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,624.34 195 TCSD SERVICE LEVEL R STREET ROAD MAINTENANCE 5,200.00 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 11,622.52 197 TEMECULA LIBRARY FUND 12,060.52 210 CAPITAL IMPROVEMENT PROJECTS FUND 396,265.56 300 INSURANCE FUND 6,649.30 305 WORKER'S COMPENSATION 10,000.00 320 INFORMATION TECHNOLOGY 154,770.22 330 CENTRAL SERVICES 16,407.50 340 FACILITIES 53,522.87 375 INTERN FELLOWSHIP FUND 94.75 380 SARDA DEBT SERVICE FUND 999,322.93 395 2011 FINANCING LEASE CIVIC CENTER & CRC 533,980.00 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 85.20 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 85.20 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 85.20 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 85.20 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 85.20 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 511.04 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 2,791.11 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 1,877.89 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 11,312.66 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 332.54 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 2,411.89 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 1,181.07 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 1,306.97 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 9,405.10 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 143.81 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 437.45 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 115.36 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 4,909.48 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 1,883.29 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 856.25 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 709.16 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 1,034.71 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 159.81 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 5,739.82 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 2,512.73 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 8,019.80 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 26,711.20 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 274.93 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 377.48 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 12,016.83 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 2,727.46 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 131.78 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 703.68 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 10,518.63 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 494.61 700 CERBT CALIFORNIA EE RETIREE-GASB45 5,978.00 $ 5,159,021.85 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 557,428.59 135 BUSINESS INCUBATOR RESOURCE 4,155.60 140 COMMUNITY DEV BLOCK GRANT 3,699.65 165 AFFORDABLE HOUSING 12,443.13 190 TEMECULA COMMUNITY SERVICES DISTRICT 209,884.89 192 TCSD SERVICE LEVEL B STREET LIGHTS 497.98 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 5,354.81 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 869.65 197 TEMECULA LIBRARY FUND 1,395.48 300 INSURANCE FUND 6,701.73 320 INFORMATION TECHNOLOGY 53,666.01 330 SUPPORT SERVICES 12,267.68 340 FACILITIES 25,346.54 375 INTERN FELLOWSHIP FUND 1,480.06 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 128.92 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 128.92 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 128.92 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 128.92 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 128.92 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 773.51 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 175.29 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 117.68 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 140.04 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 25.45 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 283.01 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 51.24 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 72.69 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 480.80 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 5.11 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 21.75 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 14.83 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 320.90 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 68.53 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 39.59 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 34.61 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 79.89 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 7.01 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 297.32 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 159.05 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 431.28 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 729.53 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 17.42 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 19.09 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 410.36 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 132.13 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 5.94 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 19.09 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 604.95 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 8.28 700 CERBT CALIFORNIA EE RETIREE-GASB45 33,058.32 934,441.09 TOTAL BY FUND: $ 6,093,462.94 apChkLst Final Check List Page: 1 11/24/2015 12:03:06PM CITY OF TEMECULA Bank : union UNION BANK Check # Date Vendor Description 2841 11/23/2015 000246 PERS (EMPLOYEES' PERS RETIREMENT PAYMENT RETIREMENT) 2843 11/24/2015 014685 COMPASS BANK '11 financing lease CRC & Civic Ctr Amount Paid Check Total 41,078.82 41,078.82 533,980.00 533,980.00 174081 11/24/2015 016764 ABM BUILDING SERVICES, LLC emerg hvac repairs: civic center 1,171.00 emerg hvac repairs: civic center 436.49 emerg hvac repairs: civic center 310.00 emergency repair svcs:civic center 134.21 install hvac motor: theater 609.88 hvac repairs: field operations center 636.27 hvac repairs: field operations center 351.83 emerg hvac repairs: civic center 134.21 3,783.89 174082 11/24/2015 001517 AETNA BEHAVIORAL HEALTH, Dec 15 Employee assistance prgm 668.80 668.80 LLC 174083 11/24/2015 003951 ALL AMERICAN ASPHALT asphalt supplies:pw streets division 252.54 Pavement Rehab: Rancho Cal 12,391.63 12,644.17 174084 11/24/2015 006915 ALLIE'S PARTY EQUIPMENT Linens dry cleaning:skip event 34.95 34.95 174085 11/24/2015 009787 ALTEC INDUSTRIES INC Vehicle repair & maint srvcs: pw traffic 471.50 471.50 174086 11/24/2015 013015 ALWAYS RELIABLE BACKFLOW backflow repairs:various medians 25.00 25.00 174087 11/24/2015 004422 AMERICAN BATTERY fire alarm batteries:parking garage 97.50 CORPORATION Signal batteries: pw traffic 533.69 Signal batteries: pw traffic 533.69 Signal batteries: pw traffic 533.69 1,698.57 174088 11/24/2015 011954 BAKER & TAYLOR INC Book collections:library 59.96 59.96 174089 11/24/2015 018485 BINACA PRODUCTS INC refund:sec dep:rm rental:harveston 200.00 200.00 174090 11/24/2015 017145 BOARD, MARGO reimb: team pace raffle 200.00 200.00 174091 11/24/2015 005292 BUTLER, GREG Calpera Conference 10/19 - 10/23/15 67.03 67.03 174092 11/24/2015 003138 CAL MAT asphalt supplies: pw street maint div 265.47 asphalt supplies: pw street maint div 452.52 asphalt supplies: pw street maint div 172.55 890.54 Pagel apChkLst Final Check List Page: 2 11/24/2015 12:03:06PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 174093 11/24/2015 000647 CALIF DEPT OF CONSUMER AFFAIRS 174094 11/24/2015 004248 CALIF DEPT OF JUSTICE-ACCTING 174095 11/24/2015 001267 CALIF DEPT OF MOTOR VEHICLES 174096 11/24/2015 001267 CALIF DEPT OF MOTOR VEHICLES 174097 11/24/2015 004228 CAMERON WELDING SUPPLY Description Amount Paid Check Total license renewal: 59602 Odviar, A. 115.00 115.00 Oct 15 fingerprinting srvcs: var depts 3,323.00 3,323.00 regist: SE484713 Wanco PW trailer 25.00 25.00 regist: SE484714 Wanco PW trailer 25.00 25.00 Sep Helium tank refills:csd special 74.60 Oct Helium tank refills:csd special 174098 11/24/2015 000131 CARL WARREN & COMPANY Oct 15 Claim adjuster svcs INC 174099 11/24/2015 002945 CONSOLIDATED ELECTRICAL DIST. 174100 11/24/2015 011922 CORELOGIC, INC. 174101 11/24/2015 004329 COSTCO TEMECULA #491 var. park site elec. supplies:park maint misc electrical supplies: history museum oCT 15 Web Based Sbscrptn RealQuest misc supplies: supplies for holiday Misc supplies:high hopes pgrm Misc supplies:high hopes pgrm 65.35 139.95 2,811.20 2,811.20 11.61 332.10 328.50 102.25 311.33 277.82 174102 11/24/2015 010650 CRAFTSMEN PLUMBING & plumbing repair srvcs: crc 347.80 HVAC INC replace veterans pavers:duck pond 300.00 174103 11/24/2015 016942 CREATIVE MANAGEMENT Reclassification Consistency Audit 4,160.00 SOLUTIONS Reclassification Consistency Audit 1,560.00 174104 11/24/2015 002990 DAVID TURCH &ASSOCIATES Oct 15 fed. legislaltive consulting 3,500.00 174105 11/24/2015 004192 DOWNS ENERGY FUEL& LUBRICANTS eoc generator diesel fuel: library 262.16 eoc generator diesel fuel: TVE2 eoc generator diesel fuel: civic center eoc generator diesel fuel: foc eoc generator diesel fuel: crc Fuel for City vehicles: tcsd Fuel for City vehicles: traffic div Fuel for City vehicles: public works Fuel for City vehicles: public works 280.37 641.99 399.91 165.29 436.68 205.14 742.04 624.12 343.71 328.50 691.40 647.80 5,720.00 3,500.00 3,757.70 Paget apChkLst Final Check List Page: 3 11/24/2015 12:03:06PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 174106 11/24/2015 002390 EASTERN MUNICIPAL WATER DIST Description Amount Paid Check Total Oct water meter:39656 Diego Dr 185.93 Oct water meter:Murr hot springs rd 21.73 Oct water meter:Murr hot springs rd 51.25 258.91 174107 11/24/2015 004068 ECALDRE MANALILI-DE VILLA, TCSD Instructor Earnings 189.00 AILEEN 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 174108 11/24/2015 011292 ENVIRONMENTAL SCIENCE SEP 15 SUPP EIR: PROPOSED AUDI ASSOC. DEALERSHI 262.50 141.75 87.50 280.00 227.50 70.00 189.00 189.00 157.50 227.50 262.50 2,283.75 15, 782.41 15, 782.41 174109 11/24/2015 000164 ESGIL CORPORATION Aug 15 Bldg plan review srvcs:b&s dept 14,017.92 14,017.92 174110 11/24/2015 004836 EWING IRRIGATION PRODUCTS INC 174111 11/24/2015 001056 EXCEL LANDSCAPE, INC. master irrig valves:vail ranch slope 1,293.73 irrigation sys upgrade:vail ranch park 1,797.29 Idscp improvements:vail ranch slope 10,630.00 3,091.02 10,630.00 174112 11/24/2015 000165 FEDERAL EXPRESS INC 10/29 Express mail svcs: cip 13.40 13.40 174113 11/24/2015 013937 FIRSTAMERICAN TITLE Preliminary report #922-360-004 thru 007 INSURANCE 174114 11/24/2015 011145 FOSTER, JILL CHRISTINE TCSD instructor earnings TCSD instructor earnings 174115 11/24/2015 000177 GLENNIES OFFICE PRODUCTS Oct 15 misc ofc supplies:code INC enforcemen 174116 11/24/2015 011885 GRACIANO, RUDY 174117 11/24/2015 003792 GRAINGER 174118 11/24/2015 015451 GREATAMERICA FINANCIAL SVCS 750.00 750.00 1,506.75 3,628.80 5,135.55 165.52 165.52 EE computer purchase program 1,923.67 1,923.67 Misc Stage Supplies: Theater 93.43 93.43 Nov '15 lease copies: city hall/off-site 520.09 520.09 Page3 apChkLst Final Check List Page: 4 11/24/2015 12:03:06PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 174119 11/24/2015 010210 HOME DEPOT SUPPLY INC, THE 174120 11/24/2015 003198 HOME DEPOT, THE Description misc supplies: senior center rehab maint supplies: crc small tools & equipment:civic center 174121 11/24/2015 018486 INDIAN CULTURAL SOCIETY refund:sec dep:rm rental:CRC 174122 11/24/2015 015673 JDS VIDEO & MEDIA production svcs: holiday 2015 episode PRODUCTIONS 174123 11/24/2015 010412 JOHNSON POWER SYSTEMS generator prey maint:CRC generator prey maint:CRC 174124 11/24/2015 018487 JOHNSON, JEREMIAH refund:sec dep:rm rental:MPSC Amount Paid Check Total 922.99 19.34 188.38 942.33 188.38 200.00 200.00 850.00 850.00 551.38 -542.08 9.30 200.00 200.00 174125 11/24/2015 015358 KELLY PAPER COMPANY, INC. paper supplies: central svcs 896.85 896.85 174126 11/24/2015 001282 KNORR SYSTEMS INC pool equipment: crc pool 307.16 replace pool lifts: crc pool 879.25 1,186.41 174127 11/24/2015 017118 KRACH, BREE B. PLAQUE:VOLUNEERSAT HEALTH FAIR 106.44 106.44 174128 11/24/2015 016110 LDCO, INC. P/E 10/31 RENOVATION FIRE STN 73: 250,723.05 250,723.05 PW CIP 174129 11/24/2015 018476 LOPEZ, KATHERINE release claims agreement payment 2,107.00 2,107.00 174130 11/24/2015 008610 M C R STAMPS DJ & Emcee srvcs:high hopes pgrm 25.00 25.00 174131 11/24/2015 013443 MIDWEST TAPE LLC 174132 11/24/2015 004951 MIKE'S PRECISION WELDING INC. 174133 11/24/2015 013827 MIKO MOUNTAINLION, INC. 174134 11/24/2015 016445 MKB PRINTING & PROMOTIONAL INC Misc. books, audio, DVDs.:library Misc. books, audio, DVDs.:library Misc. books, audio, DVDs.:library Misc. books, audio, DVDs.:library Misc. books, audio, DVDs.:library 331.45 245.06 254.79 194.33 197.56 1,223.19 misc welding & fab srvcs: var parks 75.00 75.00 excavate & install drains:rancho cal 20,000.00 20,000.00 misc business cards- Watson, Luke 149.66 Business Cards:: pw land dev 43.64 193.30 Page:4 apChkLst Final Check List Page: 5 11/24/2015 12:03:06PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 174135 11/24/2015 018402 NEWSMINDED, INC 10/11 - 11/7 NEWSPAPER 125.00 125.00 DELIVERY:MPSC 174136 11/24/2015 003964 OFFICE DEPOT BUSINESS SVS DIV Misc office supplies: pw cip/land dev 55.13 STATIONERY:TCSD 121.29 Misc office supplies:tcsd -98.41 78.01 174137 11/24/2015 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Code Enf 479.68 City Vehicle Maint Svcs:Bldg & Safety 15.35 495.03 174138 11/24/2015 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:TCSD 356.20 356.20 174139 11/24/2015 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW CIP 335.02 City Vehicle Maint Svcs:PW CIP 55.00 390.02 174140 11/24/2015 000249 PETTY CASH Team PACE raffle 12/3/15 500.00 500.00 174141 11/24/2015 000249 PETTY CASH Petty Cash Reimbursement 491.46 491.46 174142 11/24/2015 001999 PITNEY BOWES 174143 11/24/2015 000254 PRESS ENTERPRISE COMPANY INC 174144 11/24/2015 000262 RANCHO CALIF WATER DISTRICT 174145 11/24/2015 000271 RBF CONSULTING 174146 11/24/2015 000418 RIVERSIDE CO CLERK & RECORDER postage deposit: Fire Stn 84 36144806 200.00 200.00 Sept advertising:Health Fair 1,137.00 Sept advertising:Quilt Show 695.00 1,832.00 Oct var water meter:28640 Pujol St 9.30 Nov var water meters:PW-YMCA Oct Lndscp water meter:Calle Elenita Oct Lndscp water meter:41951 Moraga Rd Nov var water meters:TCSD svc lev C Nov var water meters:TCSD svc lev C Nov var water meter:PW-JRC Nov var water meters:PW-Fac Nov var water meters:PW-Maint Nov var water meters:PW-var sites Nov var water meters:PW-old town Oct var water meters:42051 Main St Nov var water meters:PW Maint Oct var water meters:44614 Pechanga 555.31 46.48 357.00 12, 534.45 22,489.81 147.92 3,440.53 201.59 668.97 641.60 478.16 208.43 2,666.33 44,445.88 Aug consultant srvcs:Trf Impact/Gateway 941.00 Credit:consult srvcs-traf impact/gateway -278.00 663.00 Ntc determination/admin fee:Uptown Tem. 3,079.75 3,079.75 Pages apChkLst Final Check List Page: 6 11/24/2015 12:03:06PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description 174147 11/24/2015 016439 ROTARY CLUB OF TEMECULA refund:sec dep:rm rental:conf ctrA 174148 11/24/2015 012251 ROTH, DONALD J. Amount Paid Check Total 150.00 150.00 TCSD Instructor Earnings 567.00 TCSD Instructor Earnings 315.00 882.00 174149 11/24/2015 009196 SACRAMENTO THEATRICAL THEATRICAL LIGHTING:THEATER 206.40 LIGHTING THEATRICAL LIGHTING:THEATER 144.31 174150 11/24/2015 000278 SAN DIEGO UNION TRIBUNE Oct public ntc ads:Planning 352.32 174151 11/24/2015 018488 SANDERS, DARA 174152 11/24/2015 013519 SENSATA TECHNOLOGIES 174153 11/24/2015 009746 SIGNS BY TOMORROW 174154 11/24/2015 000645 SMART & FINAL INC 174155 11/24/2015 000537 SO CALIF EDISON 350.71 352.32 refund:sec dep:rm rental:TCC 174.72 174.72 Inverter repairs: pw traffic 465.68 465.68 Oct -Nov public ntc postings:Planning 1,333.80 1,333.80 Recreation supplies:mpsc 156.51 MISC SUPPLIES:ARTS CULTURE & EVEN Oct 2-27-560-0625:32380 Deerhollow way Oct 2-00-397-5059:33340 Camino piedra Oct 2-26-887-0789:40233 Village Rd Oct 2-29-974-7568:26953 Ynez Rd TC1 Oct 2-31-693-9784:26036 Ynez Rd TC1 Oct 2-33-237-4818:30499 Rancho Cal 174156 11/24/2015 001212 SO CALIF GAS COMPANY Oct 055-475-6169-5:32380 Deerhollow way 174157 11/24/2015 017168 SOLARCITY refund:plan check fees:B15-2817 278.71 435.22 4,177.58 12,409.22 1,688.72 156.94 439.77 105.17 18,977.40 181.58 181.58 180.64 180.64 Page6 apChkLst Final Check List Page: 7 11/24/2015 12:03:06PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 174158 11/24/2015 008337 STAPLES BUSINESS ADVANTAGE Description Amount Paid Check Total Office supplies:pw traffic 41.50 Office supplies:mpsc Office supplies:mpsc Office supplies:mpsc Office supplies:mpsc OFFICE SUPPLIES:HUMAN SRVCS Office supplies:tcsd admin Office supplies:mpsc Office supplies:mpsc Office supplies:history museum Office supplies:mpsc Office supplies:mpsc Office supplies:mpsc Office supplies:mpsc Office supplies:mpsc Office supplies:mpsc 36.90 43.41 14.36 3.60 110.69 117.01 38.72 51.83 166.09 483.89 23.32 156.15 25.30 30.75 7.97 1,351.49 174159 11/24/2015 018472 SUNPRO SOLAR INC refund:permit & inspect fees:B15-2769 113.76 113.76 174160 11/24/2015 010046 TEMECULA VALLEY Sept '15 Bus. Impry DistrictAsmnts 130,962.69 130,962.69 CONVENTION & 174161 11/24/2015 018473 TEMECULA VALLEY HEATING refund:permit & inspect fees:B15-2547 136.80 136.80 174162 11/24/2015 004873 TEMECULA VALLEY refund:kitchen dep:conf ctrA/B 150.00 150.00 HISTORICAL SOC 174163 11/24/2015 003941 TEMECULA WINNELSON misc plumbing supplies:var parks 640.90 640.90 COMPANY 174164 11/24/2015 010276 TIME WARNER CABLE Nov high speed internet:old ymca bldg 73.73 73.73 174165 11/24/2015 000668 TIMMY D PRODUCTIONS INC Sound & lighting srvcs:veteran's day 1,000.00 Sound & lighting srvcs:veteran's day 3,422.50 4,422.50 174166 11/24/2015 018489 TOLENTINO, CORAZON refund:sec dep:rm rental:TCC 200.00 200.00 174167 11/24/2015 018386 TRAN, CINDY refund:Etiquette survival - manners 52.00 52.00 174168 11/24/2015 011659 ULINE INC PROGRAM SUPPLIES:CULTURALARTS 544.32 544.32 174169 11/24/2015 018490 URBAN, CHRISTINE refund:sec dep:rm rental:TCC 200.00 200.00 Page:7 apChkLst Final Check List Page: 8 11/24/2015 12:03:06PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 174170 11/24/2015 008977 VALLEY EVENTS, INC. Misc rental equip: 9/11 Memorial 111.50 Event supplies:Health Fair 9/26 4,297.30 4,408.80 174171 11/24/2015 004261 VERIZON Nov xxx-0073 gen usage:sr ctr, skate prk 125.61 Nov xxx-0074 general usage 4,376.55 4,502.16 174172 11/24/2015 004789 VERIZON Nov Internet svcs:city hall 289.99 Nov Internet svcs:c. museum gift shop 134.99 Nov Internet svcs:TCC 129.99 554.97 174173 11/24/2015 009101 VISION ONE INC Oct ShoWare ticketing srvcs: Theater 1,628.30 1,628.30 174174 11/24/2015 018474 VIVINT SOLAR DEVELOPER refund:permit & inspect fees:B15-0334 112.80 LLC refund:permit & inspect fees:B15-0510 112.80 225.60 174175 11/24/2015 006248 WALKER, JESSICA TCSD Instructor Earnings 190.40 190.40 174176 11/24/2015 007987 WALMART Misc supplies:harveston center 70.11 MISC SUPPLIES:MPSC 78.19 148.30 174177 11/24/2015 018475 WE CARE refund:permit fees:B15-3494 136.80 136.80 174178 11/24/2015 018463 YENULONIS, LAURA refund:permit fees:B15-2469 147.81 147.81 1000806 11/20/2015 018477 ATWELL, MICHELE refund:sec dep:rm rental:conf ctrA/B 150.00 150.00 1000807 11/20/2015 018478 CARR, AMY refund:Cupcake decorating w/Jill 25.00 25.00 1000808 11/20/2015 018479 DOMINGUEZ, MARIA refund:sec dep:rm rental:TCC 200.00 200.00 1000809 11/20/2015 010047 LONGO, REBECCA refund:Cupcake decorating w/Jill 25.00 25.00 1000810 11/20/2015 018480 MACHAY, STEPHANIE refund:Tem wine & paint class 2070.205 20.00 20.00 1000811 11/20/2015 018481 SANCHEZ, KRISTY refund:sec dep:rm rental:harveston 200.00 200.00 1000812 11/20/2015 018482 SINHA, DIPTI refund:ACT practice test 9030.201 10.00 10.00 1000813 11/20/2015 018483 SMITH, JEFF refund:sec dep:rm rental:TCC 200.00 200.00 Grand total for UNION BANK: 1,178,585.16 Page8 apChkLst Final Check List 11/24/2015 12:03:06PM CITY OF TEMECULA Page: 9 108 checks in this report. Grand Total All Checks: 1,178,585.16 Page9 apChkLst Final Check List Page: 1 12/03/2015 11:34:21AM CITY OF TEMECULA Bank : union UNION BANK Check # Date Vendor 2844 12/03/2015 017429 COBRA ADVANTAGE INC. 2845 12/03/2015 010349 CALIF DEPT OF CHILD SUPPORT 2846 12/03/2015 000194 I CMA RETIREMENT -PLAN 303355 2847 12/07/2015 000444 INSTATAX (EDD) Description Amount Paid Check Total FSA PAYMENT 6,160.11 6,160.11 SUPPORT PAYMENT 1,128.45 1,128.45 I CMA RETIREMENT TRUST 457 8,665.27 8,665.27 PAYMENT STATE TAXES PAYMENT 23,838.60 23,838.60 2848 12/07/2015 000283 INSTATAX (IRS) FEDERAL INCOME TAXES PAYMENT 2849 12/03/2015 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT SOLUTION PAYMENT 2850 12/03/2015 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT SOLUTION 2851 12/03/2015 000245 PERS - HEALTH INSUR PREMIUM 174179 12/03/2015 018318 21 LAKES MEDIA 174180 12/03/2015 013295 ABBOTT CARDIOVASCULAR SYSTEMS 174181 12/03/2015 010905 ALLIED TRAFFIC & EQUIPMENT Rental items:various events 84,117.67 84,117.67 2,099.12 2,099.12 12, 722.24 12, 722.24 PERS HEALTH INSURANCE PAYMENT 103,025.00 PERS HEALTH INSURANCE PAYMENT 0.00 103,025.00 refund:sec dep:PHBSP ball field #1 1,250.00 1,250.00 property tax reimb owner agmnt 159,173.00 159,173.00 174182 12/03/2015 006915 ALLIE'S PARTY EQUIPMENT Var rentals:cultural arts prgm & events Var rentals:cultural arts prgm & events Linens dry cleaning:Human Services Misc. rentals: tree lighting event Supply rentals:eco dev pgrm events Supply rentals:eco dev pgrm events 174183 12/03/2015 013015 ALWAYS RELIABLE BACKFLOW backflow repair srvcs: various parks backflow repairs:various parks 540.80 540.80 219.34 719.73 45.00 309.66 456.75 210.99 1,961.47 1,351.00 1,250.00 2,601.00 174184 12/03/2015 004240 AMERICAN FORENSIC NURSES Phlebotomy srvcs:temecula police 339.04 (AFN) Phlebotomy srvcs:temecula police 339.04 678.08 174185 12/03/2015 002187 ANIMAL FRIENDS OF THE Sep 15 animal control svcs 10,000.00 10,000.00 VALLEYS Pagel apChkLst Final Check List Page: 2 12/03/2015 11:34:21AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 174186 12/03/2015 013950 AQUA CHILL OF SAN DIEGO Description Nov drinking water systems: mpsc Nov drinking water systems: police dept Nov drinking water systems: JRC Nov drinking water systems:civic center Amount Paid Check Total 34.83 28.35 28.35 184.14 275.67 174187 12/03/2015 004307 ARCH CHEMICALS, INC. Nov water maint svc:hary lake/duck pond 3,900.00 3,900.00 174188 12/03/2015 011954 BAKER & TAYLOR INC Book collections:library 19.14 Book collections:library 223.36 242.50 174189 12/03/2015 015592 BAMM PROMOTIONAL uniform shirts:IT Help Desk 458.68 PRODUCTS, INC uniform shirts:IT Help Desk 47.48 174190 12/03/2015 018101 BARN STAGE COMPANY INC, sttlmnt:cabaret at the merc 11/29 588.00 THE 506.16 588.00 174191 12/03/2015 017428 BSSAT CORPORATION Refreshments:holiday events 807.30 807.30 174192 12/03/2015 003138 CAL MAT asphalt supplies: pw street maint div 214.96 asphalt supplies: pw street maint div 91.34 306.30 174193 12/03/2015 000152 CALIF PARKS & RECREATION 3/1/16-2/28/17 mbrshp: Russo, Erica 150.00 150.00 SOC 174194 12/03/2015 004462 CDW, LLC backup tapes:information technology 1,166.40 1,166.40 174195 12/03/2015 014726 CHAPTER 13 STANDING SUPPORT PAYMENT 205.85 205.85 TRUSTEE 174196 12/03/2015 000137 CHEVRON AND TEXACO Oct city vehicles fuel: police dept 1,336.31 1,336.31 174197 12/03/2015 004017 COMERCHERO, JEFF REIMB: NAT'L LEAGUE OF CITIES 104.61 104.61 CONF 11/3- 174198 12/03/2015 004405 COMMUNITY HEALTH EMPLOYEE CHARITY DONATIONS 24.00 24.00 CHARITIES, CIO WELLS FARGO PAYMENT BANK 174199 12/03/2015 009969 COMPUCOM SYSTEMS INC microsoft lic. renewal elect. sftwr 174200 12/03/2015 002945 CONSOLIDATED ELECTRICAL DIST. 174201 12/03/2015 001264 COSTCO TEMECULA #491 var. park site elec. supplies:park maint misc electrical supplies: crc Misc supplies: Prevention 56,004.32 56,004.32 119.88 85.05 86.82 204.93 86.82 Page2 apChkLst Final Check List Page: 3 12/03/2015 11:34:21AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description 174202 12/03/2015 004329 COSTCO TEMECULA #491 Misc supplies:high hopes pgrm Misc. supplies:high hopes pgrm Amount Paid Check Total 327.14 204.95 174203 12/03/2015 016724 CRAFT, CHARLENE reimb:supplies for EOQ 12/3 157.83 reimb:supplies for EOQ 12/3 53.61 174204 12/03/2015 010650 CRAFTSMEN PLUMBING & Facility repair/maint: Sta 84 716.30 HVAC INC 174205 12/03/2015 003272 DAISY WHEEL RIBBON COMPANY INC plumbing srvcs: library plumbing srvcs: library STATION MAINTENANCE: STA92— Facility repair/maint: Sta 84 Electrical Repair: Sta 95 282.41 768.09 250.00 300.00 3,585.00 canon color mutlipack toners 106.24 canon color mutlipack toners -106.24 plotter paper & ink:GIS 532.09 211.44 5,901.80 128.23 128.23 174206 12/03/2015 014580 DANCE THEATRE COLLECTIVE settlement:danceXchange 11/17 147.00 147.00 174207 12/03/2015 004192 DOWNS ENERGY FUEL& LUBRICANTS Fuel for City vehicles: tcsd 390.29 Fuel for City vehicles: land dev/npdes Fuel for City vehicles: public works Fuel for City vehicles: police dept Fuel for City vehicles: traffic div Fuel for City vehicles: pw land Fuel for City vehicles: pw street maint Fuel for City vehicles: pw parks div 174208 12/03/2015 002390 EASTERN MUNICIPAL WATER Oct water meter:39569 Seraphina Rd DIST 42.89 90.33 41.21 229.28 94.03 421.71 750.04 2,059.78 365.83 365.83 174209 12/03/2015 004836 EWING IRRIGATION irrigation sys upgrade:vail ranch park 1,448.44 1,448.44 PRODUCTS INC Page3 apChkLst Final Check List Page: 4 12/03/2015 11:34:21AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 174211 12/03/2015 001056 EXCEL LANDSCAPE, INC. Description OCT 15 LNDSCP MAI NT SVCS:VARI PARK SITES OCT 15 LNDSCP MAINT SVCS:VARI PARK Oct 15 Indscp maint svcs:var locations Oct 15 Indscp maint svcs: var locations irrigation repairs: woodcrest country irrigation repairs: signet series IRRIGATION REPAIRS: HARVESTON SLO irrigation repairs: vail ranch slope irrigation sys repair: vail ranch slope replace master valve:vail ranch slope irrigation repair: rancho highland slope misc Indscp maint srvcs:ronald regan misc Indscp maint srvcs: harveston sprts misc Indscp maint srvcs: meadows park misc Indscp maint srvcs: crown hill irrigation repairs: vail ranch irrigation repairs: vail ranch irrigation repairs: vail ranch slope OCT 15 LNDSCP MAINT SVCS:VARI PARI' misc Indscp maint srvcs: birdsall park irrig repairs:villages & vailranch slope Oct 15 Indscpe maint svcs:var locations irrigation repair:fire station 92 irrigation repairs: harveston slopes irrigation repairs: harveston slopes irrigation repairs: vail ranch slope irrigation repairs: vail ranch misc Indscp maint srvcs: vail ranch install controllrs:rancho highland slope 174212 12/03/2015 017432 EYEMED VISION CARE VISION PAYMENT 174213 12/03/2015 000165 FEDERAL EXPRESS INC 174214 12/03/2015 002982 FRANCHISE TAX BOARD 174215 12/03/2015 002982 FRANCHISE TAX BOARD 174216 12/03/2015 002982 FRANCHISE TAX BOARD 174217 12/03/2015 004944 FULLCOURT PRESS Amount Paid Check Total 51,365.88 18,094.70 21,610.97 34,844.87 250.90 221.72 166.46 230.27 338.70 651.18 323.53 398.38 100.06 157.32 196.41 221.72 304.95 323.53 48, 525.10 367.95 221.72 9,993.13 266.68 254.68 191.89 221.72 221.72 326.28 8,700.00 199,092.42 876.98 876.98 11/4-11/12 Exp mail svcs:tcsd,cc,cip,fin 206.55 10/20-10/26 exp mail svcs:cc, pw 211.00 417.55 SUPPORT PAYMENT 350.00 350.00 SUPPORT PAYMENT 150.00 150.00 SUPPORT PAYMENT 45.00 45.00 Text paper:business license certs 582.50 582.50 Page:4 apChkLst Final Check List Page: 5 12/03/2015 11:34:21AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description 174218 12/03/2015 010326 G E MOBILE WATER, INC APPARATUS MAINT SUPPLIES: STA 84/73 174219 12/03/2015 003946 G T ENTERTAINMENT Announcing: santa's electric parade 12/4 174220 12/03/2015 000177 GLENNIES OFFICE PRODUCTS OCT 15 MISC OFC SUPPLIES: VAR INC FIRE STATI 174221 12/03/2015 009608 GOLDEN VALLEY MUSIC SOCIETY 174222 12/03/2015 016552 GONZALES, MARK ALLEN 174223 12/03/2015 015451 GREATAMERICA FINANCIAL SVCS 174224 12/03/2015 012748 HARDY & HARPER INC 174225 12/03/2015 013749 HELIXSTORM INC. Amount Paid Check Total 89.92 89.92 350.00 350.00 883.07 883.07 Settlement:Classics...Merc Nov 2015 338.10 338.10 TCSD Instructor Earnings 630.00 630.00 Nov 15 lease for 6 copiers:Library 788.41 788.41 paving imprvmnts: meadows pkwy 36,930.00 36,930.00 IT infrastructure support: info 4,591.46 IT Infrastructure Support:Library 562.50 5,153.96 174226 12/03/2015 012204 HERITAGE FAMILY MINISTRIES TCSD Instructor Earnings 443.63 443.63 174227 12/03/2015 010210 HOME DEPOT SUPPLY INC, Misc supplies:CRC 245.42 THE misc maintenance supplies: theater 28.14 Misc supplies:CRC 58.20 331.76 174228 12/03/2015 009693 INLAND VALLEY CLASSICAL Sttlmnt: Nutcracker Ballet 11/27-11/29 7,904.96 7,904.96 BALLET 174229 12/03/2015 006914 INNOVATIVE DOCUMENT SOLUTIONS 174230 12/03/2015 001407 INTER VALLEY POOL SUPPLY INC 174231 12/03/2015 012883 JACOB'S HOUSE INC OCT COPIER 547.70 MAI NT/R E PAI R/USAG E: CI TY WI D E OCT COPIER MAINT/REPAIR/USAGE:CIT 5,654.52 6,202.22 sanitizing chemical supplies:var pools 483.25 483.25 EMPLOYEE CHARITY DONATIONS 40.00 40.00 PAYMENT 174232 12/03/2015 015673 JDS VIDEO & MEDIA Video production srvcs:economic dev PRODUCTIONS 174233 12/03/2015 000820 K R W & ASSOCIATES 10/15-11/17 Eng plan check srvcs: pw 850.00 850.00 2,365.00 2,365.00 Page5 apChkLst Final Check List Page: 6 12/03/2015 11:34:21AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 174234 12/03/2015 011022 LATITUDE GEOGRAPHICS Geocortex Essentials Maint:GIS 3,700.00 3,700.00 GROUP LTD 174235 12/03/2015 004905 LIEBERT, CASSIDY & Oct HR legal svcs for TE060-# 130.00 130.00 WHITMORE 174236 12/03/2015 003726 LIFE ASSIST INC Emerg medical supplies: Paramedics 159.55 159.55 174237 12/03/2015 013982 M C I COMM SERVICE Nov xxx-0714 gen usage:PD mall alarm 35.00 Nov xxx-0346 general usage 31.92 66.92 174238 12/03/2015 003782 MAIN STREET SIGNS st signs & supplies:pw street maint 7,105.54 7,105.54 174239 12/03/2015 004141 MAINTEX INC misc cleaning supplies: crc/tvm/iwtcm 163.61 misc cleaning supplies:var facilities 927.84 174240 12/03/2015 000217 MARGARITA OFFICIALS ASSN Nov 15 Adult Softball officiating svcs 1,739.00 174241 12/03/2015 011920 MASTER CONCEPTS LLC 174242 12/03/2015 017427 MATCHETT, VIVIAN 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 TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 174243 12/03/2015 000944 MCCAIN TRAFFIC SUPPLY INC Traffic signal equipment: pw traffic 174244 12/03/2015 013443 MIDWEST TAPE LLC Misc. books, audio, DVDs.:library Misc. books, audio, DVDs.:library 174245 12/03/2015 013827 MIKO MOUNTAINLION, INC. regrade roads: Liefer and var roads silt & sand removal: santiago dirt lot 1,029.00 808.50 376.60 882.00 882.00 441.00 808.50 1,127.00 1,102.50 661.50 367.50 514.50 441.00 441.00 882.00 882.00 367.50 1,091.45 1,739.00 12,014.10 400.40 373.10 773.50 5,551.20 5,551.20 42.11 91.77 133.88 2,600.00 4,145.00 6,745.00 Page6 apChkLst Final Check List Page: 7 12/03/2015 11:34:21AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 174246 12/03/2015 012962 MILLER, MISTY 174247 12/03/2015 012264 MIRANDA, JULIO C. Description TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings Amount Paid Check Total 252.00 392.00 535.50 323.40 199.50 208.25 232.75 238.00 174248 12/03/2015 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD Instructor Earnings 235.20 ANN TCSD Instructor Earnings TCSD Instructor Earnings 174249 12/03/2015 016445 MKB PRINTING & Envelopes:finance dept PROMOTIONAL INC 174250 12/03/2015 004040 MORAMARCO, ANTHONY J. TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 174251 12/03/2015 001986 MUZAK LLC Dec 15 dish network prgm:41952 6th St Dec 15 dish network programing:foc 174252 12/03/2015 001323 NESTLE WATERS NORTH 08/23-9/22 drinking water: skate park AMERICA 08/23-9/22 DRINKING WATER: TCC 08/23-9/22 DRINKING WATER: CHILDREN 08/23-9/22 DRINKING WATER: HISTORY 08/23-9/22 drinking water: tesc pool 8/23-9/22 WATER DELIVERY SVCS: CHS 8/17-9/16 WATER DELIVERY SVCS: TVHS 08/23-9/22 DRINKING WATER: CRC 08/23-9/22 DRINKING WATER: FLD OP C1 08/23-9/22 DRINKING WATER: LIBRARY 08/23-9/22 DRINKING WATER: THEATER 8/23-9/22 bottled water srvcs: TVE2 08/23-9/22 drinking water: pbsp 8/23-9/22 water del. svcs: city council 174253 12/03/2015 001323 NESTLE WATERS NORTH 10/17-11/16 WATER DELIVERY SVCS: AMERICA TVHS 235.20 136.50 1,039.50 392.00 616.00 28.00 59.06 140.85 6.47 22.63 22.63 20.56 14.29 12.94 120.51 100.45 99.01 68.32 61.69 53.35 37.69 32.71 6.47 174254 12/03/2015 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:Finance 40.32 DIV Misc office supplies:Finance Misc office supplies:HR Misc office supplies:HR Misc office supplies:Prevention 32.37 61.95 9.95 36.37 644.00 1,737.40 606.90 1,039.50 1,036.00 199.91 673.25 6.47 180.96 Page:7 apChkLst Final Check List Page: 8 12/03/2015 11:34:21AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 174255 12/03/2015 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW Street Maint 185.48 City Vehicle Maint Svcs:PW CI P 391.66 City Vehicle Maint Svcs:PW Parks Maint 4,910.70 City Vehicle Maint Svcs:PW Land Dev 292.01 5,779.85 174256 12/03/2015 005152 PACIFIC PRODUCTS misc supplies: pw street maint 4,994.79 4,994.79 &SERVICES INC 174257 12/03/2015 014273 PARAGON PARTNERS LTD RELOCATION 1,478.25 1,478.25 SRVCS:MURR.CRK/OVRLND DR. 174258 12/03/2015 015923 PCMG 174259 12/03/2015 001999 PITNEY BOWES 174260 12/03/2015 000253 POSTMASTER wireless access points:Fire Station 73 Postage meter rental: Sta 84 Postage for W/S '16 Recreation Guide 1,257.82 76.95 1,257.82 76.95 8,325.29 8,325.29 174261 12/03/2015 011549 POWER SPORTS UNLIMITED Veh maint & repair:police 246.55 Veh maint & repair:police 324.96 571.51 174262 12/03/2015 005820 PRE -PAID LEGAL SERVICES PREPAID LEGAL SERVICES PAYMENT 384.70 384.70 INC 174263 12/03/2015 017431 PRINCIPAL LIFE INSURANCE DENTAL PAYMENT 8,259.71 8,259.71 CO 174264 12/03/2015 014957 PRN PRODUCTIONS Comedy @ The Merc 11/28 159.60 159.60 174265 12/03/2015 013725 PROCRAFT INC Garage Door Maint: Sta 92 403.75 403.75 174266 12/03/2015 014379 PROFESSIONAL IMAGE Banner program - econ dev 47.95 47.95 ADVERTISI NG 174267 12/03/2015 015580 R TURNER ASSOCIATES, LLC custodial supplies: var facilities 798.34 798.34 174268 12/03/2015 017582 RABIDOU, BRANDON A. REIMB:ENVIROMENTAL LDRSHP 158.70 158.70 11/12-13 174269 12/03/2015 000262 RANCHO CALIF WATER Nov var water meters:Fire Stns 325.12 DISTRICT Nov var water meters:Fire Stns Nov var water meters:TCSD svc lev C Nov water meter:30875 Rancho vista Nov var water meters:PW various sites 436.30 10,266.45 498.64 1,835.63 13,362.14 Page6 apChkLst Final Check List Page: 9 12/03/2015 11:34:21AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 174270 12/03/2015 000907 RANCHO TEMECULA CAR Sept City vehicle detailing srvcs:Police 10.50 10.50 WASH 174271 12/03/2015 003591 RENES COMMERCIAL pre/post emergent:citywide right-of-ways 17,975.00 17,975.00 MANAGEMENT 174272 12/03/2015 004822 RIVERSIDE TRANSIT AGENCY OCT '15 TRANSIT AGREEMENT PMT 1,704.90 1,704.90 174273 12/03/2015 000278 SAN DIEGO UNION TRIBUNE Oct public ntc ads: City Clerk 263.40 263.40 174274 12/03/2015 009980 SANBORN, GVVYNETH A. Country Live! @ The Merc 11/21/15 138.00 138.00 174275 12/03/2015 018012 SAUNDERS, CATHY TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 157.50 157.50 168.00 168.00 168.00 174276 12/03/2015 013376 SECURITY SIGNAL DEVICES MAINTENANCE SERVICES:THEATER 404.32 INC repair & maint of cameras:Library 139.00 174277 12/03/2015 015457 SHAW HR CONSULTING, INC. Consulting srvcs:human resources 2,310.00 174278 12/03/2015 008529 SHERIFF'S CIVIL DIV - CENTRAL 174279 12/03/2015 009213 SHERRY BERRY MUSIC 174280 12/03/2015 013695 SHRED -IT US JV, LLC 819.00 543.32 2,310.00 SUPPORT PAYMENT 100.00 100.00 Jazz @ The Merc 11/19/15 569.00 569.00 Document collection & shred srvcs:crc 17.28 DOCUMENT COLLECTION & SHRED SRV 174281 12/03/2015 015674 SJ LINKING SYSTEMS Radio rental: Electric Light Parade 12/4 174282 12/03/2015 000645 SMART & FINAL INC Misc supplies:high hopes pgrm Misc supplies:csd winter special events Misc supplies:mpsc Misc supplies:csd winter special events 16.54 33.82 830.00 830.00 148.83 195.80 196.34 1,054.42 1,595.39 Page9 apChkLst Final Check List Page: 10 12/03/2015 11:34:21AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 174283 12/03/2015 000537 SO CALIF EDISON 174284 12/03/2015 001212 SO CALIF GAS COMPANY 174285 12/03/2015 002503 SOUTH COAST AIR QUALITY 174286 12/03/2015 000519 SOUTH COUNTY PEST CONTROL INC 174287 12/03/2015 000293 STADIUM PIZZA INC 174291 12/03/2015 007762 STANDARD INSURANCE COMPANY Description Nov 2-21-981-4720:30153 Tem pkwy tpp Oct 2-30-099-3847:29721 Ryecrest Nov 2-28-904-7706:32329 Overland Trl Oct 2-34-624-4452:32131 S Loop rd lot Oct 2-30-296-9522:46679 Primrose Ave Oct 2-28-331-4847:32805 Pauba Rd LS3 Nov 2-33-357-5785:44747 Redhawk pkwy Nov 2-35-164-3663:42335 Meadows pkwy Nov 2-35-164-3770:43487 Butterfield stg Nov 2-35-164-3242:44270 Meadows pkwy Nov 2-35-164-3515:32932 Leena way Nov 133-040-7373-0:43210 Bus park dr Nov 101-525-1560-6:27415 Enterprise cir Nov 095-167-7907-2:30650 Pauba Rd Nov 196-025-0344-3:42081 Main St Nov 129-535-4236-7:41000 Main St Nov 026-671-2909-8:42051 Main St Nov 091-024-9300-5:30875 Rancho vista Oct 015-575-0195-2:32211 Wolf vly rd Nov 055-461-2483-4:40135 Village Rd Nov 101-525-0950-0:28816 Pujol St Nov 129-582-9784-3:43230 Bus park dr Nov 181-383-8881-6:28314 Mercedes St Nov 021-725-0775-4:41845 6th St Nov 028-025-1468-3:41375 McCabe Ct Nov 125-244-2108-3:30600 Pauba Rd Ann'I operating fees: foc Emissions fees: foc Amount Paid Check Total 24.90 25.52 153.20 724.80 604.40 114.13 31.50 25.94 27.72 26.99 26.10 1,785.20 18.47 15.71 192.17 62.59 1,388.63 177.71 2,354.91 90.96 29.50 65.42 95.79 88.42 120.64 24.92 149.69 4,875.53 346.54 121.44 467.98 pest control srvcs: Wolf Creek Park 49.00 pest control srvcs: PBSP 70.00 119.00 REFRESHMENTS:HUMAN SRVCS 104.38 104.38 PGRM LIFE INSURANCE PAYMENT 8,337.38 8,337.38 174292 12/03/2015 012723 STANDARD INSURANCE VOLUNTARY SUPP LIFE INSURANCE 844.47 844.47 COMPANY PAYMENT 174293 12/03/2015 008337 STAPLES BUSINESS ADVANTAGE Misc office supplies:Mall Storefront 47.10 Misc office supplies:Mall Storefront Misc office supplies:Old Town Storefront Misc office supplies:Mall Storefront 129.75 164.35 144.71 485.91 Pagel 0 apChkLst Final Check List Page: 11 12/03/2015 11:34:21AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 174294 12/03/2015 001546 STRAIGHT LINE GLASS replace window glass: history museum 188.45 188.45 174295 12/03/2015 012789 STUART, JENNIFER SARAH TCSD Instructor Earnings 5,661.25 5,661.25 174296 12/03/2015 010924 T & D COMMUNICATIONS, INC. GENERAL CABLING SERVICES:CIVIC 1,670.03 1,670.03 CENTER 174297 12/03/2015 001547 TEAMSTERS LOCAL 911 UNION DUES PAYMENT 5,069.00 5,069.00 174298 12/03/2015 004209 TEMECULA SUNRISE ROTARY 2nd qtr bus bench placement & maint FOUND. 2,512.50 2,512.50 174299 12/03/2015 004274 TEMECULA VALLEY SECURITY locksmith srvcs: tve2 11.34 CENTR locksmith srvcs: various parks 25.92 37.26 174300 12/03/2015 003941 TEMECULA WINNELSON misc plumbing supplies: crc 101.52 101.52 COMPANY 174301 12/03/2015 018387 THE SPARE BUTTONS Performance:SKIP prgm 12/7 525.00 525.00 174302 12/03/2015 010276 TIME WARNER CABLE Nov high speed internet:Fire Stn 92 DEC HIGH SPEED INTERNET:40820 WIN( Dec high speed internet:41000 Main St 120.30 1.60 4,291.79 4,413.69 174304 12/03/2015 017430 TRANSAMERICA LIFE TRANSAMERICA ACCIDENT ADVANTAG 2,891.58 2,891.58 INSURANCE CO PAYMENT 174305 12/03/2015 000161 TYLER TECHNOLOGIES, INC EDEN RENEWAL:INFOTECH 41,895.83 41,895.83 174306 12/03/2015 011659 ULINE INC PROGRAM SUPPLIES:CULTURALARTS 2,491.35 2,491.35 174307 12/03/2015 002110 UNITED RENTALS NORTH equip rentals: tree @ Duck Pond 1,510.28 AMERICA misc equip rentals:pw street maint 135.54 misc equip rentals:pw street maint 37.67 1,683.49 174308 12/03/2015 000325 UNITED WAY EMPLOYEE CHARITY DONATIONS 5.00 5.00 PAYMENT 174309 12/03/2015 018206 UNSTOPPABLE Love is a Rose Tribute 11/20/15 674.67 674.67 ENTERTAINMENT 174310 12/03/2015 012549 UPODIUM Vehicle Maint: Sta 12 34.41 34.41 Page:11 apChkLst Final Check List Page: 12 12/03/2015 11:34:21AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 174311 12/03/2015 017579 US HEALTHWORKS MEDICAL GROUP 174312 12/03/2015 008977 VALLEY EVENTS, INC. Description Amount Paid Check Total Medical screenings:HR 55.00 Medical screenings:HR 55.00 110.00 Misc rental equip:Parade 12/4 2,796.50 2,796.50 174313 12/03/2015 014848 VALUTEC CARD SOLUTIONS, Oct ticketing srvcs: Theater 39.00 39.00 LLC 174314 12/03/2015 004261 VERIZON Nov xxx-5072 general usage 2,165.58 2,165.58 174315 12/03/2015 004789 VERIZON Nov Internet svcs:senior center 144.99 Nov Internet svcs:Library 184.99 329.98 174316 12/03/2015 018147 WADDLETON, JEFFREY L. DJ & Emcee srvcs:Tree Lighting/Dck Pnd 390.00 DJ & Emcee srvcs:Parade 12/4 975.00 DJ & Emcee srvcs:Magic on Main Street 390.00 1,755.00 174317 12/03/2015 007987 WALMART MISCSUPPLIES:MPSC 120.00 120.00 174318 12/03/2015 001342 WAXIE SANITARY SUPPLY INC custodial supplies: city facs 1,832.86 1,832.86 174319 12/03/2015 018407 WERNAU, THI LINH Darkness & Light Film & VIP Reception 1,754.07 1,754.07 174320 12/03/2015 003730 WEST COASTARBORISTS INC tree timming & removal:parks & medians 3,879.00 tree timming & removal:Parks & Medians 461.00 annual row trimming:citywide 9,002.00 tree removal:crowne hill slope 238.00 tree maint services: villages slope 2,001.00 tree maint srvcs: ridgeview slope 138.00 tree timming & removal:parks & medians 1,176.00 tree & plant maint:harveston slopes 4,086.00 174321 12/03/2015 009512 WURMS JANITORIAL Oct janitorial svcs:history museum 870.16 SERVICES, INC 174322 12/03/2015 000348 ZIGLER, GAIL 1000814 11/25/2015 018498 PUENTES, PETER 1000815 11/25/2015 015543 SMITH, CINTHIA 1000816 12/01/2015 015121 HESLIN, MICHAEL 20,981.00 Oct janitorial svcs:childrens museum 919.81 Oct janitorial svcs:old town theater 3,224.97 5,014.94 Reimb:Cultural Arts Prgm supplies 121.35 121.35 refund:sec dep:rm rental:harveston 200.00 200.00 refund:sec dep:rm rental:CRC 200.00 200.00 refund:Safari program testing 90.00 90.00 Page:12 apChkLst Final Check List Page: 13 12/03/2015 11:34:21AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description 1000817 12/01/2015 015121 HESLIN, MICHAEL refund:Safari program testing Amount Paid Check Total 2.00 2.00 Grand total for UNION BANK: 1,002,636.69 Page:13 apChkLst Final Check List 12/03/2015 11:34:21AM CITY OF TEMECULA Page: 14 151 checks in this report. Grand Total All Checks: 1,002,636.69 Page:14 apChkLst Final Check List Page: 1 12/10/2015 11:11:38AM CITY OF TEMECULA Bank : union UNION BANK Check # Date Vendor Description 2852 12/08/2015 000246 PERS (EMPLOYEES' PERS RETIREMENT PAYMENT RETIREMENT) Amount Paid Check Total 40,799.91 40,799.91 2853 12/08/2015 003347 FIRST BANKCARD CENTER 007287 UNITEDAIRLINES IG airfare: Calpera Conf 10/16 25.00 004479 HAMPTON INN & SUITES IG lodging: Calpera Conf 10/19-10/23 188.75 018469 MONTEREY FISH HOUSE IG refreshments: calpera conf 81.89 018470 MONTEREY DOWNTOWN IG parking: Calpera Conf 7.00 GARAGES 007282 AMAZON.COM, INC 007282 AMAZON.COM, INC 002727 MUNICIPAL MGMT ASSOCIATION 002727 MUNICIPAL MGMT ASSOCIATION KH Books & collections:library 92.01 KH Books & collections:library 132.47 AA annual conf registration: Kitzerow 235.00 AA annual conf registration: Damko 265.00 018494 UNION STATION HOTEL AA rfrshmnts: assn continue high 34.91 018495 GATEWAY EXPRESS AA transport: assn continue high 50.00 007282 AMAZON.COM, INC KH Books & collections:library -16.89 007282 AMAZON.COM, INC KH Books & collections:library 50.28 007282 AMAZON.COM, INC KH Books & collections:library 32.82 017295 TEMECULA PIZZA FACTORY KH refreshments: halloween carnival 216.90 007282 AMAZON.COM, INC KH Books & collections:library 65.19 006952 PAY PAL KH Verisign Payflow Pro Transaction 182.10 007282 AMAZON.COM, INC KH Books & collections:library 75.64 000293 STADIUM PIZZA INC GB TVE2 pitch practice 54.18 007837 ALASKAAIRLINES GB airfare: Calpera Conf 10/16 25.00 007050 CHILIS RESTAURANT GB refreshments: Calpera Conf 18.75 017860 MURRIETA CHAMBER OF GB regis: econ outlook: Damko & 80.00 COMMERCE Kitzerow 018470 MONTEREY DOWNTOWN GARAGES 009486 SHELL OIL 002283 EMBASSY SUITES HOTEL 006948 ALAMO RENT -A -CAR GB parking: Calpera Conference 7.00 GB fuel for rental vehicle 16.91 GB lodging: Calpera Conf 10/19-10/23 960.65 GB auto: rental vehicle 252.15 Pagel apChkLst Final Check List Page: 2 12/10/2015 11:11:38AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 018470 MONTEREY DOWNTOWN GB parking: Calpera Conference 7.00 GARAGES GB credit card charges 39.00 007837 ALASKAAIRLINES GB airfare: Calpera Conference 50.00 018468 A SECRET GARDEN FLORIST IG sunshine fund 86.40 018471 INTERCONTINENTAL PARKING IG parking: Calpera Conference 8.00 007282 AMAZON.COM, INC KH Books & collections:library 8.58 007282 AMAZON.COM, INC KH Books & collections:library 36.66 007282 AMAZON.COM, INC KH Books & collections:library 34.55 018496 CORNERSTONE SERVICES INC KH decorations: pennipickle's museum 173.25 007282 AMAZON.COM, INC kh Books & collections:library 77.34 018492 1909 GASTROPUB JH rfrshmnts: prof mtg with Jones, Shawn 42.72 000175 GOVERNMENT FINANCE JH awards submission for budget award 550.00 OFFICERS 000795 FRED PRYOR SEMINARS-CAREERTRAC 000154 C S M F O 006952 PAY PAL 018493 CITY OF TEMECULA 018493 CITY OF TEMECULA 013851 STORM SOURCE, LLC 013851 STORM SOURCE, LLC 013338 APPLE STORE 000747 AMERICAN PLANNING ASSOCIATION 018497 INLAND BUILDING CONSTRUCTION JH training rewards renewal 199.00 JH weekend training seminar: Jones 475.00 10/30 JH Verisign Payflow Pro Transaction 53.30 MH testing TCSD safari software 90.00 MH testing TCSD safari software 2.00 MH sftwre renewal appointment plus:IT 643.00 MH appointment plus:IT 20.00 MH applecare for ipad: Matthews, Aaron 99.00 LW APA IES wrkshp: water mgmt:Peters 20.00 TG extended brackets for library 163.13 007287 UNITED AIRLINES IG airfare: Calpera conference 25.00 007050 CHILIS RESTAURANT IG refreshments: Calpera Conf 22.78 009446 JRCAIRPORT-QUIKPARK LAX IG parking: Calpera Conference 3.00 007034 HERTZ RENT -A -CAR IG rental car: Calpera Conference 327.58 002283 EMBASSY SUITES HOTEL IG Calpera Conf 10/19-10/23 960.65 007987 WALMART IG privacy screen filter: VonRichter, P 96.56 006937 SOUTHWESTAIRLINES IG airfare: Calpera Conference 156.95 Page2 apChkLst Final Check List Page: 3 12/10/2015 11:11:38AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 017860 MURRIETA CHAMBER OF COMMERCE 017443 OPERATING CO.LLC MED.CUISINE 012313 FRANKLIN COVEY COMPANY 015247 FAMOUS DAVE'S 003198 HOME DEPOT, THE 007148 MARIE CALLENDER RESTAURANT25 008956 PANERA BREAD 000747 AMERICAN PLANNING ASSOCIATION 000747 AMERICAN PLANNING ASSOCIATION Description Amount Paid Check Total ME registration: economic outlook 40.00 RO rfrshmnts for city council: 10/13 155.51 RO office supplies: planner book 30.19 RO rfrshmnts: closed council session 169.44 RO recrods mgmt supplies: back up tape 64.65 RO rfrshmnts: closed council session 17.58 AA rfrshmnts: city atty mtg 10/27 85.94 LW APA IES wrkshp: historical symp:Fisk 25.00 LW APA IES wrkshp: water mgmt :Fisk 25.00 000747 AMERICAN PLANNING WAPA IES WRKSHP: HISTORICAL 20.00 ASSOCIATION SYM P: PETE RS TG fee reversal for previous month -40.44 007282 AMAZON.COM, INC CB rugged ipadsforfire inspectors 359.85 008123 JOANN ETC CB frame for proclamation awarded to 189.10 014163 JUAN POLLO CB refreshments for CERT training 349.50 000210 LEAGUE OF CALIF CITIES RO legislative briefing webinar 11/17 25.00 007028 AMERICAN Al RLI NES AA RFRSHMNTS: ASSN CONTINUE 7.99 HIGHER EDUCA 006942 ONTARIO Al RPORT AA RFRSHMNTS: ASSN CONTINUE 6.69 HIGHER EDUCA 006942 ONTARIO AI RPORT AA parking: assn continue high education 36.00 010175 METROLINK AA transport: assn continue high 2.50 9,172.66 2854 12/10/2015 005460 U S BANK RDA '07 bonds debt srvc pmt 705,412.01 705,412.01 2855 12/10/2015 005460 U S BANK RDA '06 B bonds debt srvc pmt 133,031.45 133,031.45 2856 12/10/2015 000283 INSTATAX (IRS) FEDERAL INCOME TAXES PAYMENT 7,612.52 7,612.52 2857 12/14/2015 000444 INSTATAX (EDD) STATE INCOME TAXES PAYMENT 1,800.84 1,800.84 2858 12/07/2015 018098 ACME ADMINISTRATORS, INC. Workers Comp Claim with Acme 10,000.00 10,000.00 174323 12/10/2015 016466 3M COMPANY Equip repair & maint: noise meters 487.44 487.44 Page3 apChkLst Final Check List Page: 4 12/10/2015 11:11:38AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description 174324 12/10/2015 007186 AB MAILING SOLUTIONS Mailing srvcs:theater Mid Season 174325 12/10/2015 004973 ABACHERLI, LINDI TCSD instructor earnings 174326 12/10/2015 018511 A-BOMB COMPANY dep.plmbng svcs: relocate audio 174327 12/10/2015 004802 ADLERHORST INTERNATIONAL Police k-9 training and equipment INC Police k-9 training and equipment 174328 12/10/2015 006915 ALLIE'S PARTY EQUIPMENT Misc. rentals: breakfastwtih santa 174329 12/10/2015 013015 ALWAYS RELIABLE BACKFLOW replace backflow:winchester crk park 174330 12/10/2015 004240 AMERICAN FORENSIC NURSES Jan 16 Stand by Fee (AFN) Amount Paid Check Total 1,170.00 1,170.00 420.00 420.00 1,000.00 1,000.00 59.40 316.68 323.09 376.08 323.09 892.00 892.00 1,248.00 Phlebotomy srvcs:temecula police 211.90 Phlebotomy srvcs:temecula police 174331 12/10/2015 002187 ANIMAL FRIENDS OF THE Oct 15 animal control svcs: temecula VALLEYS 174332 12/10/2015 004561 AUDIO EVOLUTION 174333 12/10/2015 017149 B G P RECREATION, INC. 174334 12/10/2015 011954 BAKER & TAYLOR INC 174335 12/10/2015 006254 BALLET FOLKLORICO 174336 12/10/2015 018502 BELL, JESSICA 174337 12/10/2015 004262 BIO-TOX LABORATORIES 211.90 1,671.80 10,000.00 10,000.00 relocation & re-establishment expenses 24,917.12 replacement of stereo audio display TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings Book collections:library Book collections:library 15,150.00 40,067.12 485.10 519.75 450.45 1,455.30 130.07 174.86 304.93 TCSD Instructor Earnings 189.00 TCSD Instructor Earnings 294.00 483.00 refund:sec dep:rm rental:TCC 200.00 200.00 Drug/alcohol analysis:police Drug/alcohol analysis:police Drug/alcohol analysis:police 174338 12/10/2015 012583 BLANCAY PRICE Aug 15 Idscp plan check & review 174339 12/10/2015 015834 BOYER, WAYNE E. Traffic Uniforms -Police 1,564.94 1,243.26 2,410.76 5,218.96 16,400.00 16,400.00 322.92 322.92 Page:4 apChkLst Final Check List Page: 5 12/10/2015 11:11:38AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 174340 12/10/2015 017115 BUREAU OF OFFICE SERVICES, INC 174341 12/10/2015 003138 CAL MAT 174342 12/10/2015 004248 CALIF DEPT OF JUSTICE-ACCTING Description Amount Paid Check Total Transcription srvcs:temecula police 47.46 47.46 asphalt supplies: pw street maint div 90.55 90.55 Oct 15 DOJ alcohol analysis:temecula pd 735.00 735.00 174343 12/10/2015 000790 CALIF DEPT OF PESTICIDE renew cert.: M.Wiechec 90802 -QAC B 174344 12/10/2015 004228 CAMERON WELDING SUPPLY NOV 15 HELIUM TANK REFILLS: SPECIAL EVEN 60.00 60.00 63.50 63.50 174345 12/10/2015 003775 CHAPARRAL HIGH SCHOOL '15 santa's light parade participant 300.00 300.00 174346 12/10/2015 017429 COBRA ADVANTAGE INC. Nov 15 Flex Processing Fees 180.00 180.00 174347 12/10/2015 014520 COLD STAR, INC Snow:Winter Wonderland 2015 6,205.90 6,205.90 174348 12/10/2015 000442 COMPUTER ALERT SYSTEMS check comm signals:tem pub library 75.00 174349 12/10/2015 002945 CONSOLIDATED ELECTRICAL DIST. 174350 12/10/2015 014521 COSTAR GROUP INFORMATION, INC 174351 12/10/2015 001264 COSTCO TEMECULA #491 174352 12/10/2015 004329 COSTCO TEMECULA #491 174353 12/10/2015 018503 COVARRUBIAS, GEORGE 174354 12/10/2015 016724 CRAFT, CHARLENE 174355 12/10/2015 014787 CURRY, TOM R. 174356 12/10/2015 001393 DATA TICKET, INC. 3RD QTR '15 FIRE/SECURITY ALARM: VA 6,060.00 6,135.00 misc electrical supplies: old town 6th 77.76 misc electrical supplies: old town 6th 136.08 misc electrical supplies: old town 6th 54.00 267.84 Dec 15 web subscription:Eco Dev 415.00 415.00 Seasonal decor: civic center 218.87 218.87 Misc. supplies: tree lighting event 255.64 255.64 refund of fees pd for event; staff error 101.10 refund:credit for patio 125.00 226.10 reimb:supplies for EOQ 12/3 329.36 329.36 Perf: new years eve grape drop event 2,500.00 2,500.00 OCT 15 PARKING CITATION 1,012.03 1,012.03 PROCESSING:POLIC Pages apChkLst Final Check List Page: 6 12/10/2015 11:11:38AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description 174357 12/10/2015 015470 DESERT VETERINARY veterinary svcs: Astin: police dept SPECIALISTS 174358 12/10/2015 003945 DIAMOND ENVIRONMENTAL SRVCS Amount Paid Check Total 3,474.72 3,474.72 portable restrooms:vail ranch park 52.80 portable restrooms: la serena way portable restrooms:long canyon park portable restrooms:riverton park 174359 12/10/2015 013939 DOROTHY MCELHINNEY '15 Santa's light parade participant MIDDLE 174360 12/10/2015 004192 DOWNS ENERGY FUEL& LUBRICANTS 174361 12/10/2015 002390 EASTERN MUNICIPAL WATER DIST 174362 12/10/2015 004829 ELLISON WILSON ADVOCACY LLC 52.80 52.80 52.80 211.20 200.00 200.00 Fuel for City vehicles: bldg inspectors 213.45 Fuel for City vehicles: code enforcement Fuel for City vehicles: bldg inspectors Fuel for City vehicles: code enforcement Fuel for City vehicles: police dept Nov water meter:32131 S Loop rd Idsc Nov water meter:32131 S Loop rd dcda Dec 15 state legis cnsltng svcs: cm ofc 49.18 302.08 70.46 41.41 141.58 46.73 3,500.00 676.58 188.31 3,500.00 174363 12/10/2015 011203 ENVIRONMENTAL CLEANING Nov 15 restroom maint svcs:park maint. 5,637.00 5,637.00 174364 12/10/2015 011292 ENVI RONMENTAL SCIENCE ASSOC. SEP 15 JEFF CORRIDOR SPECIFIC PLAN EIR OCT 15ADDT'LANALYSIS:JEFF SPEC PL JUL 15 JEFF CORRIDOR SPECIFIC PLAN 370.80 1,766.45 7,681.23 9,818.48 174365 12/10/2015 015090 EVAPCO PRODUCTS, INC. Nov 15 maint svcs water system:civic ctr 550.00 550.00 174366 12/10/2015 012170 E -Z UP DIRECT.COM, LLC dome shelter & bag: aquatics 449.28 449.28 174367 12/10/2015 009953 FEDERAL CLEANING Dec 15 Janitorial srvcs:police mall ofc 854.50 854.50 CONTRACTORS 174368 12/10/2015 000165 FEDERAL EXPRESS INC 10/28-11/9 Exp mail svcs: var depts 266.10 11/9-11/20 Exp mail svcs: var depts 74.78 340.88 174369 12/10/2015 013796 FINGERPRINT AMERICA CHILD FINGERPRINTING KITS : 4,957.00 4,957.00 POLICE 174370 12/10/2015 016436 FRICK, TRACY holiday decorating for pennickles & tvm 181.69 holiday decorating for pennickles & tvm 330.83 512.52 Page6 apChkLst 12/10/2015 11:11:38AM Final Check List CITY OF TEMECULA Page: 7 Bank : union UNION BANK Check # Date Vendor 174371 12/10/2015 003946 G T ENTERTAINMENT 174372 12/10/2015 013076 GAUDET, YVONNE M. 174373 12/10/2015 008444 GREAT OAK HIGH SCHOOL 174374 12/10/2015 015451 GREATAMERICA FINANCIAL SVCS 174375 12/10/2015 000186 HANKS HARDWARE INC 174376 12/10/2015 006250 HAZ MAT TRANS INC 174377 12/10/2015 002109 HD SUPPLY CONSTR. SUPPLY LTD 174378 12/10/2015 009306 HI LLCREST ACADEMY 174379 12/10/2015 017226 IMSA CERTIFICATION 174380 12/10/2015 010676 INTERWEST CONSULTING GROUP INC 174381 12/10/2015 014386 INT'L NAMEPLATE U.S., INC 174382 12/10/2015 018504 JENAE, CELESTE (Continued) Description DJ/MC: family ice skate night 12/10 DJ & Emcee:winter wonderland pgrm DJ/MC: breakfast with Santa 12/12 TCSD instructor earnings '15 Electric Light Parade Band Stipend Nov 15 lease copiers:city hall/tve2 Nov 15 Lease copiers:City Hall/off-site misc maint. supplies: various locations Nov 15 misc maintenance supplies: ott Nov 15 misc maint. supplies:old town misc maintenance supplies: mpsc Nov 15 var maint supplies various Nov 15 misc maint. supplies: crc Nov 15 misc maint. supplies: civic ctr Nov 15 misc maint. supplies: library Nov 15 Traffic signal equip: pw traffic Nov 15 maint. supplies:pw street maint Nov 15 misc maint supplies: children's Nov 15 misc hdwr supplies:tvm exhibits Nov 15 misc hdwr supplies: sports pgrm hazmat disposal & storage svc:streets vari maint supplies:street maint '15 Santa's light parade participant membership: Uribe, Richard membership: Beardshear, Jeff Inspection & plan check srvcs:B&S Inspection & plan check srvcs: B&S City of Temecula Police Decals refund:sec dep:rm rental:harveston 174383 12/10/2015 017730 KASHMERE FAMILY TRUST, Jan 16 Facility lease payments:Harveston THE Amount Paid Check Total 250.00 400.00 500.00 226.80 300.00 1,341.70 289.44 74.30 131.00 72.55 31.41 718.40 49.12 572.49 38.02 3,447.36 133.78 123.87 3.88 529.71 1,647.06 307.68 200.00 85.00 85.00 8,400.00 8,400.00 265.80 200.00 1,150.00 226.80 300.00 1,631.14 5,925.89 1,647.06 307.68 200.00 170.00 16,800.00 265.80 200.00 5,307.84 5,307.84 Page:7 apChkLst Final Check List Page: 8 12/10/2015 11:11:38AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description 174384 12/10/2015 001091 KEYSER MARSTON OCT 15 CONSULTING ASSOCIATES INC SRVCS:PLANNING 174385 12/10/2015 017118 KRACH, BREE B. 174386 12/10/2015 014718 KRISTAANN BELLAMY 174387 12/10/2015 016110 LDCO, INC. Amount Paid Check Total 10,876.25 10,876.25 Awards: rosettes lst 2nd 3rd 8.91 8.91 TCSD Instructor Earnings 411.60 411.60 NOV 15 RENOVATION OF FIRE STN 73: 49,020.00 49,020.00 CIP 174388 12/10/2015 004412 LEANDER, KERRY D. TCSD instructor earnings 1,092.00 TCSD instructor earnings 336.00 TCSD instructor earnings 227.50 TCSD instructor earnings 91.00 1,746.50 174389 12/10/2015 018434 LEW EDWARDS GROUP, THE Consulting srvcs:city manager's office 4,000.00 4,000.00 174390 12/10/2015 008610 M C R STAMPS DJ & Emcee srvcs:high hopes pgrm 25.00 25.00 174391 12/10/2015 013826 MALL MEDIA INC MISC. SUPPLIES:HOLIDAY EVENTS 392.54 392.54 174392 12/10/2015 000944 MCCAIN TRAFFIC SUPPLY INC Traffic signal equipment: pw traffic 751.29 751.29 174393 12/10/2015 015259 MERCURY DISPOSAL Household Battery Recycling Program 213.56 213.56 SYSTEMS, INC. 174394 12/10/2015 013443 MIDWEST TAPE LLC Misc. books, audio, DVDs.:library 91.77 Misc. books, audio, DVDs.:library 48.58 140.35 174395 12/10/2015 004951 MIKE'S PRECISION WELDING install fence post caps & ramp:civ ctr 1,275.00 1,275.00 INC. 174396 12/10/2015 013827 MIKO MOUNTAINLION, INC. excavate & install drains:rancho cal silt & sand removal: santiago dirt lot regrade roads: Liefer and var roads 174397 12/10/2015 016445 MKB PRINTING & Printing srvcs:theater 2015/16 postcard PROMOTIONAL INC 174398 12/10/2015 004040 MORAMARCO, ANTHONY J. 20,000.00 4,145.00 2,600.00 1,102.14 Promo Items/Design work:CSD events. 249.46 bal due: design work: caricature drawing 485.00 TCSD instructor earnings 409.50 174399 12/10/2015 000845 NATIONAL LEAGUE OF CITIES NLCC MBRSHP DUES 3/1/16-2/28/17 26, 745.00 1,102.14 1,143.96 8,743.00 8,743.00 Page apChkLst Final Check List Page: 9 12/10/2015 11:11:38AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description 174400 12/10/2015 017864 NATURE WORKS SCULPTURE Playground equip replacement: cip INC 174401 12/10/2015 001323 NESTLE WATERS NORTH AMERICA 10/23-11/22 WATER DELIV SVC: MUSEUM 10/23-11/22 DRINKING WATER SVC: THE/ 10/23-11/22 DRINKING WATER SVC: CRC 10/23-11/22 drinking water: tesc pool 10/23-11/22 drinking water: skate park 10/23-11/22 drinking water svc: pbsp 10/23-11/22 WATER DLVRY SVCS: CHS 10/23-11/22 WATER DELIV. SVC: CHILDRE 10/23-11/22 DRINKING WATER: FOC 10/23-11/22 DRINKING WATER SVC: TCC 10/23-11/22 DRINKING WATER SVC: LIBR 10/23-11/22 DRINKING WATER SVC: HAIR` 10/23-11/22 WATER DEL. SVCS: CITY COI 174402 12/10/2015 007811 NEWELL, HOLLY refund:remaining credit on acct:tcsd 174403 12/10/2015 006140 NORTH JEFFERSON BUSINESS PARK 174404 12/10/2015 018512 O'ROURKE, TROI 174405 12/10/2015 015033 PACIFIC MUNICIPAL CONSULTANTS 174406 12/10/2015 007197 PALOMA VALLEY HIGH SCHOOL 174407 12/10/2015 017675 PODS ENTERPRISES, INC. 174408 12/10/2015 000253 POSTMASTER 174409 12/10/2015 000254 PRESS ENTERPRISE COMPANY INC 174410 12/10/2015 013725 PROCRAFT INC 174411 12/10/2015 007051 RALPHS Amount Paid Check Total 18,686.31 18,686.31 21.22 65.97 93.27 6.47 6.47 38.37 6.47 23.03 140.15 23.96 66.04 14.91 42.90 549.23 31.00 31.00 JAN -MAR 16 ASSN DUES 8329 #17: FV 478.36 JAN -MAR 16 ASSN DUES 0155 #19 FV IN' 625.21 JAN -MAR 16 ASSN DUES 1810 #16: FV 514.71 JAN -MAR 16 ASSN DUES 8358 #20 FV IN' 649.93 2,268.21 custom mosaic "Temecula Has Heart" 270.00 270.00 Aug EIR:temecula gateway prjt 14,549.64 14,549.64 '15 Electric Light Parade Band Stipend 300.00 300.00 DEC -JAN PODS RENTAL XXB62:STA 73 79.92 DEC -JAN PODS RENTAL XXB10:STA 73 79.92 DEC -JAN PODS RENTAL XXB49:STA 73 79.92 239.76 Postage:thtr 15/16 mid season postcard 4,140.00 4,140.00 Oct display ads:Quilt Show 205.00 205.00 Garage door repair: Sta 84 516.00 516.00 Cookies for decorating:Brkfst w/Santa 521.87 521.87 Page9 apChkLst Final Check List Page: 10 12/10/2015 11:11:38AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description 174412 12/10/2015 000406 RIVERSIDE CO SHERIFFS 9/17/15-10/14/15 law enforcement DEPT Amount Paid Check Total 1,640,107.86 1,640,107.86 174413 12/10/2015 013582 SAN DIEGUITO PUBLISHERS Printing services:Activity Guide 1,555.67 INC Printing services:Activity Guide 17,871.79 174414 12/10/2015 009980 SANBORN, GWYNETH A. Country Live! @ The Merc 12/5 365.25 174415 12/10/2015 015364 SEASIDE ICE, LLC 174416 12/10/2015 009213 SHERRY BERRY MUSIC 174417 12/10/2015 003506 SHIVELA MIDDLE SCHOOL BAND 174418 12/10/2015 013695 SHRED -IT US JV, LLC 19,427.46 365.25 Partial pmt/ice skating rink:winterfest 10,000.00 10,000.00 Jazz @ The Merc 12/3/15 577.00 577.00 '15 Electric Light Parade Band Stipend 200.00 200.00 11/5 doc. shred srvcs:police o.t.stn 16.54 16.54 Pagel 0 apChkLst Final Check List Page: 11 12/10/2015 11:11:38AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 174420 12/10/2015 000537 SO CALIF EDISON 174421 12/10/2015 001212 SO CALIF GAS COMPANY 174422 12/10/2015 018084 SOLITRO, FRANCO 174423 12/10/2015 012652 SOUTHERN CALIFORNIA 174424 12/10/2015 009379 SOUTHWEST WOMEN'S CHORUS 174425 12/10/2015 017611 SPERLING, MARVIN Description Amount Paid Check Total Nov 2-18-937-3152:28314 Mercedes St 559.30 Nov 2-14-204-1615:30027 Front st rdio 38.32 Nov 2-02-351-4946:41845 6th St 878.58 Nov 2-31-419-2873:43000 Hwy -395 26.36 Nov 2-34-333-3589:41702 Main St 27.78 Nov 2-29-953-8249:46497 Wolf creek dr 27.30 Nov 2-29-953-8082:31523 Wolf vly rd 28.32 Nov 2-35-707-0010:33451 S Hwy -79 PED 55.52 Nov 2-36-641-3912:27498 Enterprise cir 34.15 Nov 2-00-397-5067:TCSD svc lev C 2,191.91 Nov 2-31-536-3226:28690 Mercedes 1,330.34 Nov 2-00-397-5042:43200 Bus park dr #1 2,872.39 Nov 2-32-903-8293:41000 Main St 13,641.05 Nov 2-31-536-3481:41902 Main St 239.21 Nov 2-31-536-3655:41904 Main St 198.79 Nov 2-29-223-8607:42035 2nd St PED 742.66 Nov 2-25-393-4681:41951 Moraga Rd 466.66 Nov 2-35-403-6337:41375 McCabe Ct 602.95 Nov 2-35-664-9053:29119 Margarita Rd 144.35 Nov 2-29-933-3831:43230 Bus park dr 1,468.87 Nov 2-31-912-7494:28690 Mercedes St 1,317.21 Oct -Nov 2-19-171-8568:28300 Mercedes 232.52 Nov 2-29-657-2787:41638 Winchester 26.50 Nov 2-29-807-1093:28079 Diaz Rd PED 26.94 Nov 2-29-807-1226:28077 Diaz Rd PED 25.92 Nov 2-31-282-0665:27407 Diaz Rd PED 27.52 Nov 2-31-031-2616:27991 Diaz Rd PED 27.37 Nov 2-29-295-3510:32211 Wolf vly rd 925.72 Nov 2-29-224-0173:32364 Overland Trl 982.61 Nov 2-36-641-3839:27498 Enterprise cir 29.79 Nov 2-30-520-4414:32781 Tem pkwy LS3 1,922.19 31,119.10 Nov 117-188-6393-6:32131 S Loop Rd 32.22 Nov 091-085-1632-0:41951 Moraga Rd 15.78 48.00 refund:picnic rental:harveston comm park 60.00 60.00 DEC GEN USAGE:0141,0839,2593,9306 563.58 563.58 16th Ann'I Christmas...Air 12/5-6/15 107.29 107.29 Deposit:New Year's Eve Grape Drop 1,250.00 1,250.00 174426 12/10/2015 005786 SPRINT Oct 26 - Nov 25 cellular usage/equip 9,467.43 9,467.43 Page:11 apChkLst Final Check List Page: 12 12/10/2015 11:11:38AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description 174427 12/10/2015 003599 TY LIN INTERNATIONAL OCT CONSULTING SRVCS:F.VLY PKWY/I-15 174428 12/10/2015 018505 TANTOD, RENA refund:sec dep:rm rental:harveston 174429 12/10/2015 003677 TEMECULA MOTORSPORTS LLC Amount Paid Check Total 3,487.11 3,487.11 200.00 200.00 Motorcycle repair/maint:Tem.P.D. 1,521.96 Motorcycle repair/maint:Tem.P.D. Motorcycle repair/maint:Tem.P.D. Motorcycle repair/maint:Tem.P.D. 758.81 298.97 348.80 2,928.54 174430 12/10/2015 000311 TEMECULA VALLEY HIGH '15 Electric Light Parade Band Stipend 300.00 300.00 SCHOOL 174431 12/10/2015 003508 THOMPSON MIDDLE SCHOOL '15 Electric Light Parade Band Stipend 200.00 200.00 174432 12/10/2015 018515 TIME IS CREEPING UP FY 15/16 Council CSF Award 700.00 700.00 PRODUCTION 174433 12/10/2015 010276 TIME WARNER CABLE Dec high speed internet:Library 602.32 602.32 174434 12/10/2015 016094 VAVRINEK, TRINE, DAY & CO AUDIT SRVCS:FINANCE DEPT 5,000.00 LLP City State Controllers SCO Annual Report 1,700.00 6,700.00 174435 12/10/2015 014486 VERIZON WIRELESS 10/16-11/15 broadband svcs:citywide 2,708.75 2,708.75 174436 12/10/2015 016506 VISTA DEL LAGO HIGH '15 Electric Light Parade Band Stipend 300.00 300.00 SCHOOL 174437 12/10/2015 018514 VISTA VERDE MIDDLE SCHOOL '15 Electric Light Parade Band Stipend 200.00 200.00 174438 12/10/2015 007987 WALMART Misc supplies:Human Services 208.28 208.28 174439 12/10/2015 009512 WURMS JANITORIAL Dec janitorial svcs:City facs 21,899.53 SERVICES, INC Dec janitorial srvcs:police old town 269.57 22,169.10 1000818 12/03/2015 018506 BARCELON, MANUEL refund:sec dep:rm rental:TCC 200.00 200.00 1000819 12/03/2015 018507 LARA-HINOSTROZA, MAI RA refund:sec dep:rm rental:TCC 200.00 200.00 1000820 12/03/2015 018508 KELIGOND, ARDIE refund:sec dep:rm rental:harveston 200.00 200.00 Page:12 apChkLst Final Check List Page: 13 12/10/2015 11:11:38AM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor 1000821 12/03/2015 018509 POULLATH, BETHANY 1000822 12/03/2015 018510 VENTURA, LEONCIO 1000823 12/08/2015 018516 ALLEN, DANIEL 1000824 12/08/2015 018517 CHANDRAN, SACHIN 1000825 12/08/2015 018503 COVARRUBIAS, GEORGE 1000826 12/08/2015 018518 GOSS, DIANE 1000827 12/08/2015 018519 KOHLER, CEDRIC 1000828 12/08/2015 018520 PARK, MIN 1000829 12/08/2015 018141 PAYNE, CHRISTOPHER 1000830 12/08/2015 018521 SALGADO, JEIMI Description Amount Paid Check Total refund:sec dep:rm rental:harveston 200.00 200.00 refund:sec dep:rm rental:TCC 200.00 200.00 refund:fines & fees:Library 30.00 30.00 refund:sec dep:rm rental:MPSC 200.00 200.00 refund:sec dep:rm rental:TCC 200.00 200.00 refund:lost materials:Library 15.95 15.95 refund:lost materials:Library 31.36 31.36 refund: Pencil portrait shading 45.00 45.00 refund:sec dep:rm rental:TCC 200.00 200.00 refund:Cupcake decorating w/Jill 25.00 25.00 Grand total for UNION BANK: 2,977,800.00 Page:13 apChkLst Final Check List 12/10/2015 11:11:38AM CITY OF TEMECULA Page: 14 136 checks in this report. Grand Total All Checks: 2,977,800.00 Page:14 Item No. 4 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: January 12, 2016 SUBJECT: Approve the City Treasurer's Report as of November 30, 2015 PREPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: That the City Council approve and file the City Treasurer's Report as of November 30, 2015. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of November 30, 2015. FISCAL IMPACT: None ATTACHMENTS: City Treasurer's Report as of November 30, 2015 Investments City of Temecula, California Portfolio Management Portfolio Summary November 30, 2015 Par Market Value Value Book % of Value Portfolio Term City of Temecula 41000 Main Street P.O. Box 9033 Temecula, CA 92590 (951)694-6430 Days to YTM YTM Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts 35,272,461 34 35,272,461.34 35,272,461.34 43.58 1 1 0.162 0 164 Retention Escrow Account 600,403.92 600,403.92 600,403.92 0.74 1 0.000 0.000 Letter of Credit 1.00 1.00 1.00 0.00 1 1 0 000 0.000 Local Agency Investment Funds 22,074,374.85 22,086,009.92 22,074,374 85 27.27 1 1 0.369 0.374 Federal Agency Callable Securities 13,000,000.00 12,997,480.00 13,000,000.00 16.06 1.241 1.021 1.276 1.294 Federal Agency Bullet Securities 10,000,000 00 10,007,040.00 9,993,680.00 12.35 1.428 542 1.060 1.075 Investments 80,947,241.11 80,963,396.18 Cash Passbook/Checking (not included in yield calculations) Total Cash and Investments 1,635,465.79 80,940,921.11 100.00% 376 232 0.507 0.514 1,635,465.79 1,635,465 79 82,582,706.90 82,598,861.97 Total Earnings November 30 Month Ending Fiscal Year To Date 0 000 0.000 82,576,386.90 376 232 0.507 0.514 Current Year 32,569.50 179,566.88 Average Daily Balance 81,756,731.41 89,048,631.17 Effective Rate of Return 0.48% 0.48% Reporting period 11/01/2015-11/30/2015 Run Date: 12/21/2015 - 17:06 Portfolio TEME CP PM (PRF_PM1) 7 3 0 Report Ver 7 3 5 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments November 30, 2015 Page 1 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 122216003-2 CITY COP RE2 ASSURED GUARANTY 0.00 0.00 0.00 1.000 0.986 1.000 1 1453718479 WORKERS COMP BANK OF AMERICA MERRILL LYNC 07/01/2015 3,529.92 3,529.92 3,529.92 0.000 0.000 1 104348008-1 01-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348006-4 01-2 RESA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348016-3 01-2 RESB2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348000-4 01-2 SPTAX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669911-2 03-1 ACQA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669921-3 03-1 ACQB3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669902-3 03-1 BOND3 First American Treasury 07/01/2015 0.00 0.00 0.00 0.000 0.000 1 94669906-3 03-1 RES A3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669916-2 03-1 RES B2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669900-4 03-1 SPTAX1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593011-2 03-2 ACQ 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593009-2 03-2 EMWD 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593007-2 03-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593016-4 03-2 LOC 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593010-2 03-2 PWADM2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593006-2 03-2 RES 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593000-3 03-2 SPTX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727011-2 03-3 ACQ2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727002-2 03-3 BOND 2 First American Treasury 07/01/2015 0.00 0.00 0.00 0.000 0.000 1 744727007-2 03-3 CITY2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727009 03-3 EMWD 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727006-3 03-3 RES3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727000-4 03-3 SP TX 4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686001-2 03-4 ADMIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686005-1 03-4 PREP1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686000-1 03-4 RED1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686006-2 03-4 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776002-2 03-6 BOND2 First American Treasury 07/01/2015 0.00 0.00 0.00 0.000 0.000 1 786776007-2 03-6 IMP2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776006-2 03-6 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776000-3 03-6 SP TX3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453510-2 88-12 BOND2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453518-4 88-12 GI4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 122216003-4 CITY COP RE4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 Run Date: 12/21/2015 - 17:10 Portfolio TEME CP PM (PRF_PM2) 7.3.0 Report Ver. 7.3.5 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments November 30, 2015 Page 2 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 122216008-3 CITY COPCIP2 First American Treasury 07/01/2015 0.00 0.00 0.00 0.000 0.000 1 122216000-2 CITY COPLPF2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 02 INT1 First American Treasury 0.59 0.59 0.59 0.000 0.000 1 94434161-2 RDA 02 PRIN2 First American Treasury 0.59 0.59 0.59 0.000 0.000 1 107886011-2 RDA 06 B PRI First American Treasury 0.06 0.06 0.06 0.000 0.000 1 107886008-2 RDA 06 CIPA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886001 RDA 06 PRIN First American Treasury 07/01/2015 0.30 0.30 0.30 0.000 0.000 1 107886000-2 RDA 06A INT2 First American Treasury 0.34 0.34 0.34 0.000 0.000 1 107886018-3 RDA 06B CIP3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886010-2 RDA 06B INT2 First American Treasury 0.12 0.12 0.12 0.000 0.000 1 107886016-2 RDA 06B RES2 First American Treasury 202,122.12 202,122.12 202,122.12 0.010 0.010 0.010 1 107886030-2 RDA 07 CAPI2 First American Treasury 07/01/2015 0.00 0.00 0.00 0.000 0.000 1 107886027-2 RDA 07 ESC2 First American Treasury 07/01/2015 0.00 0.00 0.00 0.000 0.000 1 107886020-2 RDA 07 INT2 First American Treasury 0.52 0.52 0.52 0.000 0.000 1 107886021-2 RDA 07 PRINC First American Treasury 0.34 0.34 0.34 0.000 0.000 1 107886028-2 RDA 07 PROJ2 First American Treasury 209,700.99 209,700.99 209,700.99 0.010 0.010 0.010 1 107886026-2 RDA 07 RES2 First American Treasury 1,104,120.26 1,104,120.26 1,104,120.26 0.010 0.010 0.010 1 136343006 RDA 10 RSRV1 First American Treasury 1,263,951.73 1,263,951.73 1,263,951.73 0.010 0.010 0.010 1 136343008 RDA 10A CIP2 First American Treasury 19,952.71 19,952.71 19,952.71 0.010 0.010 0.010 1 136343001-2 RDA 10A-INT1 First American Treasury 0.23 0.23 0.23 0.000 0.000 1 136343018-2 RDA 10B CIP2 First American Treasury 5,187,208.71 5,187,208.71 5,187,208.71 0.010 0.010 0.010 1 136343000-1 RDA 10B-INT1 First American Treasury 0.59 0.59 0.59 0.000 0.000 1 94432360-2 TCSD COP INT First American Treasury 07/01/2015 0.00 0.00 0.00 0.000 0.000 1 104348006-5 01-2 RESA11 Federated Tax Free Obligations 440,398.57 440,398.57 440,398.57 0.010 0.010 0.010 1 104348016-5 01-2 RESB11 Federated Tax Free Obligations 188,613.50 188,613.50 188,613.50 0.010 0.010 0.010 1 104348000-5 01-2 SPTAX11 Federated Tax Free Obligations 27,154.98 27,154.98 27,154.98 0.010 0.010 0.010 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 1,753,724.31 1,753,724.31 1,753,724.31 0.010 0.010 0.010 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 144.51 144.51 144.51 0.010 0.010 0.010 1 94669922-5 03-01 COI Federated Tax Free Obligations 07/01/2015 0.00 0.00 0.00 0.001 0.001 0.001 1 94669917-5 03-01 RES Federated Tax Free Obligations 07/01/2015 0.02 0.02 0.02 0.000 0.000 1 94669906-5 03-01 RESA11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94669916-5 03-01 RESB11 Federated Tax Free Obligations 147,753.71 147,753.71 147,753.71 0.010 0.010 0.010 1 94669000-5 03-01 SPTAX11 Federated Tax Free Obligations 26,333.97 26,333.97 26,333.97 0.010 0.010 0.010 1 164741009-5 03-03 COI Federated Tax Free Obligations 07/01/2015 0.00 0.00 0.00 0.001 0.001 0.001 1 164741008-5 03-03 IMP Federated Tax Free Obligations 582,379.68 582,379.68 582,379.68 0.010 0.010 0.010 1 164741006-5 03-03 RES Federated Tax Free Obligations 388.85 388.85 388.85 0.010 0.010 0.010 1 Run Date: 12/21/2015 - 17:10 Portfolio TEME CP PM (PRF_PM2) 7.3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments November 30, 2015 Page 3 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 164741000-5 03-03 SPEC Federated Tax Free Obligations 108,719.84 108,719.84 108,719.84 0.010 0.010 0.010 1 164742009-5 03-06 COI Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 164742006-5 03-06 RES Federated Tax Free Obligations 07/01/2015 0.00 0.00 0.00 0.000 0.000 1 786776006-5 03-06 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 164742000-5 03-06 SPEC Federated Tax Free Obligations 7,771.69 7,771.69 7,771.69 0.010 0.010 0.010 1 786776000-5 03-06SPTAX11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94669902-5 03-lbond fd Federated Tax Free Obligations 07/01/2015 0.00 0.00 0.00 0.000 0.000 1 793593011-5 03-2 ACQ11 Federated Tax Free Obligations 234,791.05 234,791.05 234,791.05 0.010 0.010 0.010 1 793593009-5 03-2 EMWD11 Federated Tax Free Obligations 1,098.00 1,098.00 1,098.00 0.010 0.010 0.010 1 793593016-5 03-2 LOC1 1 Federated Tax Free Obligations 142,037.30 142,037.30 142,037.30 0.010 0.010 0.010 1 793593010-5 03-2 PWADM11 Federated Tax Free Obligations 0.00 0.00 0.00 0.010 0.010 0.010 1 793593006-5 03-2 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.010 0.010 0.010 1 793593000-5 03-2 SPTX Federated Tax Free Obligations 19.33 19.33 19.33 0.000 0.000 1 793593007-5 03-2-IMPR11 Federated Tax Free Obligations 1,144.68 1,144.68 1,144.68 0.010 0.010 0.010 1 744727006-5 03-3 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 744727011-5 03-3ACQ11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94686001-5 03-4 ADMIN11 Federated Tax Free Obligations 507.53 507.53 507.53 0.010 0.010 0.010 1 94686005-5 03-4 PREP11 Federated Tax Free Obligations 07/01/2015 0.00 0.00 0.00 0.000 0.000 1 94686000-5 03-4 RED11 Federated Tax Free Obligations 10,303.67 10,303.67 10,303.67 0.010 0.010 0.010 1 94686006-5 03-4 RES11 Federated Tax Free Obligations 65,501.64 65,501.64 65,501.64 0.010 0.010 0.010 1 744727000-5 03-SSPTAX11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 146161000-5 146161000-5 Federated Tax Free Obligations 07/01/2015 0.60 0.60 0.60 0.000 0.000 1 146161001-5 146161001-5 Federated Tax Free Obligations 0.24 0.24 0.24 0.000 0.000 1 146161008-5 RDA 11ACIP11 Federated Tax Free Obligations 7,272,150.86 7,272,150.86 7,272,150.86 0.010 0.010 0.010 1 146161009-5 RDA 11ACOI11 Federated Tax Free Obligations 07/01/2015 0.00 0.00 0.00 0.020 0.020 0.020 1 146161006-5 RDA 11RSRV11 Federated Tax Free Obligations 1,307,924.91 1,307,924.91 1,307,924.91 0.010 0.010 0.010 1 94432363 02001 Financial Security Assurance 07/01/2015 0.00 0.00 0.00 0.000 0.000 1 793593011-1 03-2-1 ACQUI CA Local Agency Investment Fun 11,449,353.68 11,449,353.68 11,449,353.68 0.374 0.369 0.374 1 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 0.00 0.00 0.00 0.374 0.369 0.374 1 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 0.00 0.00 0.00 0.374 0.369 0.374 1 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 0.00 0.00 0.00 0.374 0.369 0.374 1 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 3,513,652.10 3,513,652.10 3,513,652.10 0.374 0.369 0.374 1 122216008 CITY COP CIP CA Local Agency Investment Fun 0.00 0.00 0.00 0.374 0.369 0.374 1 122216003-1 CITY COP RE1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.374 0.369 0.374 1 107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.374 0.369 0.374 1 107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.374 0.369 0.374 1 Run Date: 12/21/2015 - 17:10 Portfolio TEME CP PM (PRF_PM2) 7.3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments November 30, 2015 Page 4 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 107886030-1 RDA 07 CAP -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.374 0.369 0.374 1 107886027-1 RDA 07 ESC -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.374 0.369 0.374 1 107886028-1 RDA 07 PRO -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.374 0.369 0.374 1 107886026-1 RDA 07 RES -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.374 0.369 0.374 1 107886006 RDA 06 RES A MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 94434166 RDA TABs RES MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 94669905-0 03-01 REF USBANK 07/01/2015 0.00 0.00 0.00 0.000 0.000 1 744727099-0 03-03 REF USBANK 07/01/2015 0.00 0.00 0.00 0.000 0.000 1 786776099-0 03-06 REF USBANK 07/01/2015 0.00 0.00 0.00 0.000 0.000 1 SYS95453516-1 95453516-1 USBANK 07/01/2015 0.00 0.00 0.00 0.000 0.000 1 Subtotal and Average 35,524,904.62 35,272,461.34 35,272,461.34 35,272,461.34 0.162 0.164 1 Retention Escrow Account 194012308-16 RJ NOBLE Bank of Sacramento ARMY CORPS Army Corps Union Bank SYSPI aza Prtnr PI aza Prtnr Wells Fargo Bank PORTOLA TRRC Portola Trrc Wells Fargo Bank 39211000 Summerhouse Wells Fargo Bank Subtotal and Average 0.00 0.00 0.00 0.000 0.000 1 600,403.92 600,403.92 600,403.92 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 07/01/2015 0.00 0.00 0.00 0.000 0.000 1 600,394.03 600,403.92 600,403.92 600,403.92 0.000 0.000 1 Letter of Credit 104348006-1 02008 ASSURANCE CO BOND INSURANCE 07/01/2015 Subtotal and Average 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.000 0.000 1 0.000 0.000 1 Local Agency Investment Funds 94669917-1 03-01-1 RES CA Local Agency Investment Fun 770,836.72 770,836.72 770,836.72 0.374 0.369 0.374 1 164742006-1 03-06 RES -1 CA Local Agency Investment Fun 308,334.69 308,334.69 308,334.69 0.374 0.369 0.374 1 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.374 0.369 0.374 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.374 0.369 0.374 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.374 0.369 0.374 1 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.374 0.369 0.374 1 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.374 0.369 0.374 1 164741006-1 0303-1 RES CA Local Agency Investment Fun 1,428,818.94 1,428,818.94 1,428,818.94 0.374 0.369 0.374 1 SYSCITY CITY CA Local Agency Investment Fun 9,622,989.58 9,628,711.85 9,622,989.58 0.374 0.369 0.374 1 SYSRDA RDA CA Local Agency Investment Fun 1,753.95 1,754.99 1,753.95 0.374 0.369 0.374 1 SYSRDA 10 DS 2 RDA 10 DS 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.374 0.369 0.374 1 Run Date: 12/21/2015 - 17:10 Portfolio TEME CP PM (PRF_PM2) 7.3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments November 30, 2015 Page 5 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Local Agency Investment Funds SYSRDA 10A CIP1 RDA 10A CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.374 0.369 0.374 1 136343018-1 RDA 10B CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.374 0.369 0.374 1 SYSTCSD TCSD CA Local Agency Investment Fun 9,941,640.97 9,947,552.73 9,941,640.97 0.374 0.369 0.374 1 Subtotal and Average 20,624,374.85 22,074,374.85 22,086,009.92 22,074,374.85 0.369 0.374 1 Federal Agency Callable Securities 3130A3NK6 01200 Federal Home Loan Bank 12/29/2014 1,000,000.00 1,000,490.00 1,000,000.00 1.150 1.134 1.150 759 12/29/2017 3130A3RY2 01201 Federal Home Loan Bank 12/30/2014 1,000,000.00 1,003,580.00 1,000,000.00 1.150 1.130 1.146 759 12/29/2017 3130A4G89 01207 Federal Home Loan Bank 03/24/2015 1,000,000.00 1,005,260.00 1,000,000.00 1.650 1.627 1.650 1,393 09/24/2019 3130A6BY2 01212 Federal Home Loan Bank 08/26/2015 1,000,000.00 1,000,850.00 1,000,000.00 1.250 1.233 1.250 1,121 12/26/2018 3134G5JJ5 01198 Federal Home Loan Mtg Corp 09/29/2014 1,000,000.00 1,003,140.00 1,000,000.00 1.100 1.085 1.100 668 09/29/2017 3134G6Z97 01209 Federal Home Loan Mtg Corp 05/27/2015 1,000,000.00 1,001,490.00 1,000,000.00 1.250 1.230 1.247 1,000 08/27/2018 3134G67C1 01210 Federal Home Loan Mtg Corp 06/22/2015 1,000,000.00 994,690.00 1,000,000.00 1.200 1.184 1.200 934 06/22/2018 3136G2CE5 01203 Federal National Mtg Assn 01/30/2015 1,000,000.00 1,002,820.00 1,000,000.00 1.550 1.529 1.550 1,156 01/30/2019 3136G2D87 01204 Federal National Mtg Assn 02/13/2015 1,000,000.00 998,880.00 1,000,000.00 1.000 0.986 1.000 805 02/13/2018 3136G2EC7 01205 Federal National Mtg Assn 02/27/2015 1,000,000.00 989,240.00 1,000,000.00 1.300 1.282 1.300 1,184 02/27/2019 3136G2JY4 01208 Federal National Mtg Assn 05/27/2015 1,000,000.00 1,002,140.00 1,000,000.00 1.375 1.356 1.375 1,122 12/27/2018 3136G2UA3 01213 Federal National Mtg Assn 11/30/2015 1,000,000.00 994,480.00 1,000,000.00 1.350 1.332 1.350 1,095 11/30/2018 3136G2UN5 01214 Federal National Mtg Assn 11/30/2015 1,000,000.00 1,000,420.00 1,000,000.00 1.500 1.479 1.500 1,276 05/30/2019 Subtotal and Average 11,966,666.67 13, 000, 000.00 12, 997,480.00 13, 000,000.00 1.276 1.294 1,021 Federal Agency Bullet Securities 31331KE55 01175 Federal Farm Credit Bank 10/06/2011 1,000,000.00 1,007,020.00 1,000,000.00 1.300 1.282 1.300 310 10/06/2016 31331K2P4 01182 Federal Farm Credit Bank 12/09/2011 1,000,000.00 1,000,210.00 1,000,000.00 1.000 0.986 1.000 8 12/09/2015 31331K6P0 01183 Federal Farm Credit Bank 01/19/2012 1,000,000.00 1,000,960.00 1,000,000.00 0.850 0.838 0.850 49 01/19/2016 3133EDNDO 01196 Federal Farm Credit Bank 06/11/2014 1,000,000.00 1,003,540.00 1,000,000.00 1.200 1.179 1.195 772 01/11/2018 3133EEHU7 01202 Federal Farm Credit Bank 01/14/2015 1,000,000.00 998,500.00 1,000,000.00 1.410 1.391 1.410 1,140 01/14/2019 313378QH7 01189 Federal Home Loan Bank 03/28/2012 1,000,000.00 1,001,720.00 1,000,000.00 0.900 0.888 0.900 118 03/28/2016 313381DZ5 01193 Federal Home Loan Bank 11/28/2012 1,000,000.00 998,630.00 1,000,000.00 0.550 0.542 0.550 392 12/27/2016 3130A4AJ1 01206 Federal Home Loan Bank 02/27/2015 1,000,000.00 1,001,320.00 1,000,000.00 1.140 1.124 1.140 819 02/27/2018 3130A5MH9 01211 Federal Home Loan Bank 06/26/2015 1,000,000.00 997,240.00 1,000,000.00 1.360 1.341 1.360 1,121 12/26/2018 3135G0PQ0 01194 Federal National Mtg Assn 11/26/2013 1,000,000.00 997,900.00 993,680.00 0.875 1.026 1.040 695 10/26/2017 Subtotal and Average 10,727,013.33 Run Date: 12/21/2015 - 17:10 10, 000, 0 00.00 10, 007, 040.00 9,993,680.00 1.060 1.075 542 Portfolio TEME CP PM (PRF_PM2) 7.3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments November 30, 2015 Average Purchase Stated YTM YTM Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Page 6 Total and Average 81,756,731.41 Run Date: 12/21/2015 - 17:10 80, 947, 241.11 80, 963, 3 96.18 80,940,921.11 0.507 0.514 232 Portfolio TEME CP PM (PRF_PM2) 7.3.0 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Cash November 30, 2015 Average Purchase Stated YTM YTM Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Page 7 Retention Escrow Account SYSAAA#1202 AAA#1202 COMMUNITY BANK 4110170281 EDGEDEV TORRY PINES BANK 23303800 PCL CONST Wells Fargo Bank 0.00 0.00 0.00 0.000 0.000 1 07/01/2015 0.00 0.00 0.00 0.000 0.000 1 07/01/2015 0.00 0.00 0.00 0.000 0.000 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2015 3,110.00 3,110.00 3,110.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2015 0.00 0.00 0.00 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 1,624,921.79 1,624,921.79 1,624,921.79 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2015 7,434.00 7,434.00 7,434.00 0.000 0.000 1 Average Balance 0.00 1 Total Cash and Investments 81,756,731.41 Run Date: 12/21/2015 - 17:10 82,582,706.90 82,598,861.97 82,576,386.90 0.507 0.514 232 Portfolio TEME CP PM (PRF_PM2) 7.3.0 Fund # Fund Name Cash and Investments Report CITY OF TEMECULA Through November 2015 Beginning Balance Receipts Disbursements Fund Total 001 GENERAL FUND $ 17,618,377.32 $ 7,884,784.65 $ 6,811,005.88 $ 18,692,156.09 100 STATE GAS TAX FUND 295,431.11 5.95 - 295,437.06 120 DEVELOPMENT IMPACT FUND 5,036,237.11 207,145.93 181,404.00 5,061,979.04 135 BUSINESS INCUBATOR RESOURCE 8,183.19 1,629.34 7,960.98 1,851.55 140 COMMUNITY DEV BLOCK GRANT 158,875.18 - 6,345.15 152,530.03 145 TEMECULA ENERGY EFFICIENCY ASSET TEAM 213,858.22 4.31 - 213,862.53 150 AB 2766 FUND 565,079.49 11.35 1,704.90 563,385.94 160 SUPPLEMENTAL LAW ENFORCEMENT SERVICES 1.05 8,333.50 - 8,334.55 161 LARRY ROBINSON REWARD 25,280.56 0.51 - 25,281.07 165 AFFORDABLE HOUSING 293,318.77 607.96 16,112.59 277,814.14 170 MEASURE A FUND 4,026,313.98 243,320.20 65,832.34 4,203,801.84 190 TEMECULA COMMUNITY SERVICES DISTRICT 333,495.34 630,942.16 529,222.20 435,215.30 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 5,489.10 75,044.91 80,534.01 - 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 163,822.24 3.15 7,702.17 156,123.22 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 19,803.34 2,600.40 - 22,403.74 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 238,913.88 1,162.86 11,039.92 229,036.82 197 TEMECULA LIBRARY FUND 422,999.28 9,836.04 26,305.39 406,529.93 198 PUBLIC ART 32,540.14 909.95 10,000.00 23,450.09 210 CAPITAL IMPROVEMENT PROJECT FUND 7,400,171.55 1,181,457.89 1,368,724.63 7,212,904.81 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 2,144,501.96 18.15 390,651.29 1,753,868.82 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 582,374.75 4.93 - 582,379.68 277 CFD-RORIPAUGH 11,809,687.43 50,005.50 - 11,859,692.93 300 INSURANCE FUND 223,758.26 4.00 25,370.44 198,391.82 305 WORKER'S COMPENSATION 271,861.71 1,440.84 5,214.51 268,088.04 310 VEHICLES AND EQUIPMENT FUND 1,606,935.24 32.38 - 1,606,967.62 320 INFORMATION TECHNOLOGY 258,948.45 171,137.46 430,085.91 - 325 TECHNOLOGY REPLACEMENT FUND 542,609.67 227,416.86 171,137.46 598,889.07 330 CENTRAL SERVICES 428,632.71 41.85 26,186.47 402,488.09 340 FACILITIES 467,873.70 723.50 101,607.27 366,989.93 380 SARDA DEBT SERVICE FUND 16,784,101.04 113.46 11,055.00 16,773,159.50 381 REDEVELOPMEN PROPERTY TAX TRUST 178,848.98 7.75 - 178,856.73 460 CFD 88-12 DEBT SERVICE FUND 88,860.30 1.79 - 88,862.09 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 744,263.53 37.70 4,042.40 740,258.83 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,093,562.01 34.83 4,242.40 1,089,354.44 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 82,750.50 31.19 1,292.40 81,489.29 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 1,957,831.69 39.78 2,537.40 1,955,334.07 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 341,878.29 30.99 2,537.40 339,371.88 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 4,980,686.49 210.43 8,453.40 4,972,443.52 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 2,006.23 0.02 958.10 1,048.15 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 53,680.26 1.07 658.19 53,023.14 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 4,896.34 0.08 1,081.84 3,814.58 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 1,338.90 0.03 69.45 1,269.48 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 1,785.20 2,460.68 4,245.88 - 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 20,745.68 0.41 251.06 20,495.03 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 14,099.07 0.21 3,520.19 10,579.09 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 18,394.46 0.37 101.19 18,293.64 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 4,484.59 0.09 210.05 4,274.63 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 1,494.08 0.03 99.78 1,394.33 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 23,446.04 0.42 2,649.76 20,796.70 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 960.13 0.01 450.55 509.59 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 265.33 4.38 269.71 - 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 55,314.52 1.10 964.05 54,351.57 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 872.07 0.02 98.36 773.73 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 11,921.73 0.20 1,964.25 9,957.68 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 74,199.34 1.48 825.68 73,375.14 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 73,865.72 1.43 2,924.20 70,942.95 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 89,267.61 1.48 15,582.53 73,686.56 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 567.33 0.01 137.82 429.52 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 10,155.23 0.20 154.37 10,001.06 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 11,417.06 0.18 2,325.68 9,091.56 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 40,392.54 40.54 1,206.10 39,226.98 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 1,543.84 0.03 85.56 1,458.31 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 3,875.71 0.08 94.32 3,781.47 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 247,221.08 4.91 3,660.56 243,565.43 530 SERVICE LEVEL"C"ZONE 30 FUTURE ZONES 33,736.87 0.68 - 33,737.55 Grand Total: $ 82,250,104.52 $ 10,701,654.59 $10,352,897.14 $ 82,598,861.97 Journal Entries completed after October's Treasurer's Report was issued are reflected in the Receipts / Disbursements columns. Item No. 5 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: January 12, 2016 SUBJECT: Approve Annual Citywide Records Retention Schedule and Records Destruction and Adopt Electronic Document Management System Policy PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING REVISIONS TO THE ESTABLISHED CITYWIDE RECORDS RETENTION SCHEDULE, THEREBY AMENDING AND RESTATING THE RECORDS RETENTION POLICY, AND APPROVING THE DESTRUCTION OF CERTAIN RECORDS 2. Adopt a resolution entitled: RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CITY'S ELECTRONIC DOCUMENT MANAGEMENT SYSTEM (EDMS) POLICY BACKGROUND: The Records Management Program ("Records Program") for the City of Temecula is based on state and federal laws and agency guidelines governing public records. The Records Retention Schedule/Policy ("Retention Schedule") is a key element in effectively administering this program. The objective of the records program and retention schedule is to administer and preserve records vital to the operation of the City of Temecula and to legally dispose of records that have served their usefulness. Program components include the retention schedule, records destruction, technology storage and retrieval, and related policies and procedures. The retention schedule is a comprehensive listing of records created or maintained by the City, the length of time each record should be retained, and the legal retention authority. Documents already imaged and identified within various records series of the retention schedule shall be destroyed in accordance with policy. Permanent imaging of these records complies with the requirements of state and federal laws. The proposed revisions to the retention schedule are based upon a survey of City departments conducted through individual and group meetings with records representatives from the various departments. Revisions reflect changes in records ownership, operational needs and changes in applicable records management law. The revisions have been reviewed and approved by the City Attorney's Office. Government Code Section 34090 requires legislative approval for said destruction, along with City Attorney review and Department Director authorization. The City Attorney consents to the destruction of the proposed records by way of approval of this report and attachments and signature on the corresponding resolution. Assuming the City Council approves the proposed destruction, Department Directors will sign off on the request for destruction of records prior to actual destruction. In addition to the descriptions set forth in Exhibit A, bar code records also clearly identify each record retained and/or destroyed by the City. As a part of this year's annual review of the records program, staff also finalized a policy for its Electronic Document Management System ("EDMS"). The City uses Laserfiche as its EDMS to store official records of the City electronically. The purpose of this policy is to ensure the City's EDMS meets the definition of a Trusted System as set forth in California Government Code Sections 12168.7 and 34090.5, and is in compliance with regulations developed by the Secretary of State (SOS) to use in recording, storing, and reproducing permanent and nonpermanent documents or records in electronic media, so that every reproduction of a record from the EDMS will be deemed to be a copy of an original record. This policy documents current practices and has been designed and prepared in accordance with AIIM (Association for Information and Image Management) Guidelines Sections 6.2 and 6.17 and with review by the City Attorney's office. Based on the above -referenced information and attached documentation, staff recommends that the City Council approve the annual retention schedule and records destruction and adopt the EDMS policy. FISCAL IMPACT: The costs associated with the program are contained in the annual operating budget for the City Clerk Department. ATTACHMENTS: System Policy 1. Resolution Regarding Records Retention Schedule/Policy 2. Exhibit A — Records Retention Schedule 3. Exhibit B — Request for Destruction of Records 4. Resolution Regarding Electronic Document Management RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING REVISIONS TO THE ESTABLISHED CITYWIDE RECORDS RETENTION SCHEDULE, THEREBY AMENDING AND RESTATING THE RECORDS RETNTION POLICY, AND APPROVING THE DESTRUCTION OF CERTAIN RECORDS WHEREAS, the Records Retention Schedule is a key element of the Records Management Program for the City of Temecula in administering and preserving records vital to the operation of the City and for legally disposing of records that have served their usefulness. WHEREAS, the Records Retention Schedule, attached hereto as Exhibit A, is a living, breathing document changing periodically based on the ongoing operational needs of the City. WHEREAS, Section 34090 et seq. of the California Government Code authorizes the destruction of City records upon approval of the legislative body of the City and with written consent of the City Attorney, provided that the records do not fall within certain specified categories, and are not less than two years old; and WHEREAS, the records described in Exhibit B and incorporated herein by this reference are more than two years old, are not subject to litigation hold, and are not otherwise required to be kept by the City by statute and therefore meet the criteria for destruction set forth in Government Code Section 34090 et seq.; and WHEREAS, in addition to the description of records provided in Exhibit B, bar code scans clearly identify each record retained and/or destroyed by the City. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The "City of Temecula Uniform Filing System Guide Records Retention Schedule" is hereby amended and restatated as set forth on Exhibit A. Section 2. The City Clerk or her designee is authorized to destroy the records described on Exhibit B. Section 3. The City Attorney's signature on this resolution shall serve as evidence of his written consent to the destruction of the records described on Exhibit B. The City Attorney hereby consents to the destruction of the records described on Exhibit B. Peter M. Thorson City Attorney Section 4. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of January, 2016. Michael S. Naggar, 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. 16- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of January, 2016, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) 100 GENERAL ADMINISTRATIVE FILES 100-01 Mission Statement HR Y P GC 34090 Keep originals for historical purposes Permanent 100-02 Policies and Procedures (City Wide) HR Y P GC 34090 Keep originals for historical purposes Permanent 101 CORRESPONDENCE CONTROL FILES 101-01 Chronological Files ALL N C + 2 GC 34090 2013 and prior 101-02 Mail Log ALL N C + 2 GC 34090 2013 and prior 101-03 Telephone Record Books ALL N C + 2 GC 34090 2013 and prior 101-04 Suspense Files ALL N C + 2 GC 34090 2013 and prior 101-05 Mailing Requests ALL N C + 2 GC 34090 2013 and prior 200 PLANNING, BUDGET & PROGRAMMING FILES 201 EMERGENCY PLANNING FILES 201-01 Emergency Planning Files HR, IT Y US + 2 GC34090 Until Superseded + 2 201-02 Emergency Reporting Files HR Y P GC 34090 Permanent 201-03 Civil Disturbance & Riot Files HR Y P GC 34090 Permanent 201-04 Disaster Reporting Files HR Y P GC 34090 Permanent 201-05 Civil Defense/Terrorism Planning Files HR Y P GC 34090 Permanent 201-06 Emergency Communications Files (Includes 911) HR Y P GC 6254 Permanent 201-07 Community Resources HR N US GC 6254 Until Superseded 201-08 Emergency Management Training HR Y P GC 6254 Permanent 202 ORGANIZATION PLANNING FILES 202-01 Organization Planning (City of Temecula) HR Y C + 2 GC 34090 See 504-06 for Charts 2013 and prior 203 CITY PLANNING FILES 203-01 Tentative Map Files/Tentative Tract Maps PLG, PW Y P Permanent LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT D/NR DESTROY WHEN NO LONGER RELEVANT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED 1 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) GC 34090; H & S 19850; GC 4003; GC 4004 ®® 203-02 Tentative Parcel Map Files PLG, PW Y P GC 34090; H & S 19850; GC 4003; GC 4004 ®®®® �®®®® ®®®®® ®®®®® ®®®®® Permanent 203-03 Zone Change Files PLG Y P GC 34090; H & S 19850; GC 4003; GC 4004 ®® Permanent 203-04 Variance Files PLG ®®®®®®®®®®® Y P GC 34090; H & S 19850; GC 4003; GC 4004 Permanent 203-07 Temporary Use Permit CSD, PLG N C + 2 GC 34090d 2013 and prior 203-08 Conditional Use Permit Files PLG Y P GC 34090 H&S19850; GC 4003; GC 4004 Permanent 203-10 Modifications (includes minor, major, review) PLG Y P GC 34090 H & S 19850; GC 4003; GC 4004 Permanent 203-11 General Plan/Development Code and Amendments PLG Y P GC 34090 Permanent 203-12 Lot Line Adjustment CC, PLG,PW Y P GC 34090 Permanent 203-13 Environmental Initial Study, Environmental Impact Report and Environmental Assessments PLG Y P GC 34090 Permanent 203-15 Comprehensive Sign Program PLG Y P GC 34090 Permanent 203-16 Temporary Signs PLG N C + 2 GC 34090d 2013 and prior LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED D/NR DESTROY WHEN NO LONGER RELEVANT 2 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) 203-17 Sign Permit PLG Y P GC 34090 Permanent 203-19 Parcel Merger CC, PLG, PW Y P GC 34090 Permanent 203-20 Home Occupation Permit PLG Y P GC 34090 Permanent 203-21 Specific Plans/Specific Plan Amendments PLG Y P GC 34090 Permanent 203-22 Certificate of Compliance CC, PLG, PW Y P GC 34090 Permanent 203-23 Waivers of Final Map PLG Y P GC 34090 Permanent 203-24 Development Plans PLG, PW Y P GC 34090 Permanent 203-25 Second Unit Permit PLG Y P GC 34090 Permanent 203-28 Development Agreements PLG Y P GC 34090 Permanent 203-31 Landscape Agreements/Bonds/Plans PLG Y P GC 34090 Permanent 203-32 Appeals PLG N C +2 GC 34090 2013 and prior 203-35 Massage Establishment/Technician PLG N P GC 34090 Permanent 203-36 Findings of Public Convenience or Necessity PLG Y P GC 34090 Permanent 203-37 Development Impact Fee Reduction PLG Y P GC 34090 Permanent 203-38 Extension of Time PLG Y P GC 34090 Permanent 203-39 Habitat Acquisition Negotiations Strategy (HANS) PLG Y P GC 34090 Permanent 203-40 Minor Exception PLG Y P GC 34090 Permanent 203-41 Model Home Complex PLG Y P GC 34090 Permanent 203-42 Pre -Application Review PLG Y P GC 34090 Permanent 203-43 Residential Tract Product Review PLG Y P GC 34090 Permanent 203-44 Vendors License PLG Y P Permanent LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED D/NR DESTROY WHEN NO LONGER RELEVANT 3 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) GC 34090 203-45 Wireless Antenna Facility PLG Y P GC 34090 Permanent 203-46 Long Range Planning Projects PLG Y P GC 34090 Permanent 203-47 Certificate of Historical Appropriateness PLG Y P GC 34090 Permanent 204 COMPUTER APPLICATIONS & DIRECTORIES 204-01 Computer Files IT Y P GC 34090 Permanent 204-06 Council, Commission & Committee Meeting CC, IT N P GC 34090 Permanent Media 204-07 Meeting Audio Recordings ALL N C + 2 GC 34090 2013 and prior 205 BUDGET FILES 205-01 Budget Working Paper Files ALL N C + 2 GC 34090 2013 and prior 205-02 Proposed Budget ALL N C + 2 GC 34090 2013 and prior 205-03 Approved Budget FIN Y P GC 34090 Permanent 205-04 Budget Adjustments FIN Y P GC 34090 Permanent 205-09 Capital Improvement Program Budget FIN Y P GC 34090 Permanent 205-11 GANN Appropriation Limit FIN Y P GC 34090 Permanent 205-13 State Budget Information FIN N C + 2 GC 34090 2013 and prior 206 REPORTING FILES 206-02 Annual Financial Reports FIN Y P GC 34090 Permanent 206-04 State Controller's Report (City) FIN Y P GC 34090 Permanent 206-05 Street Report (City) FIN Y P GC 34090 Permanent 206-06 Statement of Indebtedness (RDA) FIN Y P GC 34090 Permanent 206-07 State Controller's Report (RDA) FIN Y P GC 34090 Permanent LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED D/NR DESTROY WHEN NO LONGER RELEVANT 4 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) 206-08 State Controller's Report (TCSD) FIN Y P GC 34090 Permanent 207 COST ANALYSIS STUDIES 207-01 Cost Analysis Studies Files FIN Y P Permanent 208 REDEVELOPMENT 208-01 Redevelopment Plan PLG Y P GC 34090 Permanent 208-02 Redevelopment Projects PLG Y P GC 34090 Permanent 208-03 Redevelopment Programs PLG Y P GC 34090 Permanent 208-04 Housing Programs PLG Y P GC 34090 Permanent 208-05 Housing Projects PLG Y P GC 34090 Permanent 208-06 Owner Participation Rules PLG N US GC 34090 Until Superseded 208-07 Relocation Assistance, Rules & Guidelines PLG N US GC 34090 Until Superseded 209 PROGRAM FILES 209-01 Community Services Funding Program CM Y P GC 34090 Permanent 209-02 Community Development Block Grants (CDBG) PLG N P GC 34090; 7 CFR 3016.42 Permanent 300 MANAGEMENT FILES 301 DEPARTMENTAL MANAGEMENT FILES 301-02 Conference and Meetings ALL N US GC 6254 Until Superseded 301-03 Departmental Procedures ALL N US GC 6254 Until Superseded 302 REPORTS MANAGEMENT FILES 303 FORMS MANAGEMENT FILES 303-01 Forms ALL N US GC 6254 Until Superseded 304 RECORDS MANAGEMENT FILES 304-01 Filing Systems & Procedures (Includes TUFFS) CC N US GC 6254 Until Superseded 304-02 Department Inventories and Worksheets CC Y P GC 6254 Permanent LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED D/NR DESTROY WHEN NO LONGER RELEVANT 5 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) 304-03 Records Destruction Authorization Files and Certificates CC Y P GC 6254 Permanent 304-05 Imaging/Micrographics Program CC N US GC 6254 Until Superseded 304-06 Department Transfer Lists CC Y P GC 6254 Permanent 304-07 Retention Schedules CC N P GC 6254 Permanent 305 RISK MANAGEMENT 305-01 Insurance CC Y P GC 34090 Permanent 305-02 Claims CC, FIN, HR N 3 AS GC 34090 and prior years after settled 400 ACCOUNTING, PAYROLL & RETIREMENT 401 ACCOUNTING & REVENUE FILES Also see Section 409 401-03 General Ledger File/AJE/BJE FIN N P 4AA GC 34090 CCP337 General Ledger Permanent Journal entries 4AA FY10/11 and prior 401-06 Accounts Payable IN N 4AA GC 34090 FY10/11 and prior 401-07 Accounts Receivable FIN N 4AA GC 34090 FY10/11 and prior 401-10 Demands & Warrants FIN Y P GC 34090 Permanent 401-11 Encumbrance Files FIN N 4AA GC 34090 FY10/11 and prior 401-13 List of Demands FIN N 4 AA GC 34090 FY10/11 and prior 401-14 Petty Cash Files FIN Y 4AA GC 34090 FY10/11 and prior 401-16 Sales Tax FIN N 4AA GC 34090 Also see 409-11 FY10/11 and prior 401-18 Master Chart of Accounts FIN Y P GC 34090 Permanent 401-19 Quarterly Financial Statements FIN Y 7AA GC 34090 & CCP 337 FY08/09 and prior 401-20 State Revenues FIN Y P GC 34090 Permanent LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED D/NR DESTROY WHEN NO LONGER RELEVANT 6 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) 401-21 Fiscal Analysis FIN Y P GC 34090 Permanent 401-25 Vouchers and Voucher Register (Cash Disbursement Journal) FIN 4 AA GC 34090 FY10/11 and prior 401-35 Internal Service Funds FIN N 4 AA GC 34090 FY10/11 and prior 401-36 Capital Improvement Program (CIP) FIN Y P GC 34090 Permanent 401-37 Asset Management Inventory FIN Y P GC 34090 Permanent 402 RECEIPTS & BILLING FILES 402-02 Daily Cash Receipts FIN N 4 AA GC 34090 FY10/11 and prior 402-05 Permits and Permit Fees FIN Y P GC 34090 Permanent 402-06 Business Licenses FIN N 4 AT GC 34090 4 Years After Termination 403 CITY BANKING FILES 403-01 Bank Deposit Files FIN N 4 AA GC 34090 FY10/11 and prior 403-02 Bank Statements FIN N 4 AA GC 34090 FY10/11 and prior 403-03 Check Stubs, Cancelled/Voided Checks FIN N 5 AA GC 34090 Includes payroll, cancelled & voided checks FY 09/10 and prior 403-04 Signature Cards & Authority FIN N 5 AA GC 34090 FY 09/10 and prior 403-05 Banking Service Files FIN N 3 AT GC 34090 3 Years After Termination 403-06 Bank Reconciliation FIN N 4 AA GC 34090 FY10/11 and prior 403-07 Bank Proposals FIN N C + 2 GC 34090 2013 and prior 403-08 A/P Checks (Numerical Listing) FIN N 4 AA GC 34090 FY10/11 and prior 404 PAYROLL FILES 404-01 Payroll Files (W2's, EDD, 941, etc.) FIN N P GC 34090 CFR 1627.3 Permanent 404-02 Payroll Deductions/Benefit Reports FIN N C + 2/P GC 34090 P29 CFR 1627.3 Payroll Deductions C + 2 Benefit Reports Permanent 2013 and prior/Permanent LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED D/NR DESTROY WHEN NO LONGER RELEVANT 7 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) 404-03 Payroll System Reports FIN N 6 AA GC 34090 FY08/09 and prior 404-04 Time Sheets FIN N 6 AA GC 34090 FY08/09 and prior 404-06 Vacation & Sick Leave FIN, HR N 4 AA GC 34090 FY10/11 and prior 404-07 Deferred Compensation FIN, HR N P GC 34090 29 CFR 1627.3 Permanent 404-09 Unemployment Compensation Files FIN, HR N 5 AT GC 34090 5 Years After Termination 404-14 PERS — Payroll Reports FIN, HR N P 29 CFR 1627.3 Permanent 404-15 Copies of Employee Paychecks & Direct Deposit Stubs FIN N 5 AA GC 34090 FY 09/10 and prior 404-16 Workers Compensation FIN/HR N 5 AT GC 34090 5 Years After Termination 405 BOND FILES 405-01 Bond Issue Files Y P 53921 & CCP 337.5 Permanent 405-09 Bonds, Development and Performance Y P 53921 & CCP 337.5 Permanent 405-11 Redevelopment Agency Y P 53921 & CCP337.5 Permanent 405-12 Temecula Community Services District CSD Y P 53921 & CCP337.5 Permanent 405-13 Industrial Development Authority Y P 53921 & CCP337.5 Permanent 405-16 Bonds Other CC Y P 53921 & CCPcc7.5 Permanent 406 AUDIT FILES 406-07 City Annual Audit FIN Y P GC 34090 Permanent 406-08 Single Audit FIN Y P GC 34090 Permanent 406-09 Redevelopment Agency FIN Y P Permanent LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED D/NR DESTROY WHEN NO LONGER RELEVANT 8 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) GC 34090 406-10 Riverside County Transportation Commission FIN Y P GC 34090 Permanent 406-11 Other FIN Y P GC 34090 Permanent 407 RETIREMENT FILES 407-01 Individual Vested Interest Records FIN Y P GC 34090 Permanent 407-02 Deferred Compensation Files FIN Y P GC 34090 Permanent 407-03 Retirement Reports Files FIN Y P GC 34090 Permanent 407-04 Retirement Correspondence and Information (PERS) FIN Y P GC 34090 Permanent 407-05 Disability Retirement FIN Y P GC 34090 Permanent 408 INVESTMENTS FILES 408-04 Certificates of Deposit Information FIN Y P GC 34090 Permanent 408-05 Investment Information Files FIN N 4 AA GC 34090 FY10/11 and prior 408-06 Monthly Treasurer's Report FIN Y P GC 34090 Permanent 408-07 Administration FIN N 4 AA GC 34090 FY10/11 and prior 408-09 Brokers/Dealers FIN N C + 2 GC 34090 2013 and prior 408-10 State of California Local Agency Investment Fund (LAIF) FIN N 4 AA GC 34090 FY10/11 and prior 408-11 Bank Investment Agreement FIN Y P GC 34090 Permanent 409 REVENUE & TAXATION Also see Section 401 409-01 Administration FIN N 4 AA GC 34090 FY10/11 and prior 409-04 User Fee Studies FIN Y P GC 34090 Permanent 409-05 Development Impact Fees FIN Y P GC 34090 Permanent 409-06 Franchise Fees FIN Y P GC 34090 Permanent LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT D/NR DESTROY WHEN NO LONGER RELEVANT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED 9 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) 409-07 Fee Schedules FIN Y P GC 34090 Permanent 409-10 Property Tax FIN N P GC 34090 Permanent 409-11 Sales Tax FIN N P GC 34090 Also see 401-16 Permanent 409-12 Transient Occupancy Tax (TOT) FIN N 4 AA GC 34090 FY10/11 and prior 409-15 TCSD Fees FIN Y P GC 34090 Permanent 409-16 Documentary Transfer Tax FIN N 4 AA GC 34090 FY10/11 and prior 409-17 Temecula Public Financing Corporation FIN Y P GC34090 Permanent 409-18 Grants FIN Y P GC 34090 Permanent 409-23 Gas Tax FIN N 4 AA GC 34090 FY10/11 and prior 409-24 Vehicle Impound Fee FIN Y P GC 34090 Permanent 409-25 Development Agreement Fees FIN Y P GC 34090 Permanent 409-27 Jarvis Prop 218 FIN Y P GC 34090 Permanent 409-28 County Revenues, Other FIN Y P GC 34090 Permanent 409-29 State Revenues, Other FIN Y P GC 34090 Permanent 409-30 Measure A FIN Y P GC 34090 Permanent 409-31 Parking Legal Citations FIN N 4AC GC 34090 4 Years After Closed 410 ECONOMIC DEVELOPMENT 410-01 Loans & Incentives ED Y P GC 34090 Permanent 410-02 Studies/Research/Demographics ED Y P GC 34090 Permanent 410-03 Meetings/Seminars/Conferences/ Showcases ED N C + 2 GC 34090 and prior 410-04 EDC's & Other Agencies ED Y P GC 34090 Permanent LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED D/NR DESTROY WHEN NO LONGER RELEVANT 10 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) 410-05 Temecula Businesses ED N US GC 34090 Until Superseded 410-06 Business Development/Projects ED N US GC 34090 Until Superseded 410-07 Sponsorship & Funding Requests ED N US GC 34090 Until Superseded 500 PERSONNEL, SALARY & BENEFITS, CLASSIFICATION, RECRUITMENT, TESTING, TRAINING, MEDICAL, COMPLIANCE, SAFETY, INCINTIVES & AWARDS 501 PERSONNEL RECORDS 501-01 Individual Personnel Folders HR N CL + 10 GC 34090 2005 and prior if closed 501-02 Personnel Policy File HR Y P GC 34090 Historical Value Permanent 502 SALARY & BENEFITS 502-01 Employee Benefit Plans HR Y P GC 34090 Permanent 502-02 Salary Survey Files HR Y US GC 34090 Historical value Until Superseded 502-04 Salary Schedules HR Y P GC 34090 Historical value Permanent 502-07 Management Compensation Plan HR Y P GC 34090 Permanent 503 PERSONNEL CLASSIFICATION FILES 503-01 Classification Specifications HR Y P GC 34090 Historical value Permanent 504 PERSONNEL MANAGEMENT FILES 504-06 Organization Charts HR Y US GC 34090 Until Superseded 504-07 Grievances, Complaints and Investigations HR AS + 30 GC 34090 30 Years After Settled 505 RECRUITMENT 505-01 Recruitment File HR N AC + 3 GC 34090 2012 and prior if closed 505-02 Department of Motor Vehicles Driving Records (DMV) HR N AT + 3 GC 34090 2012 and prior after termination 505-04 Employment eligibility Verification (Grccn card, HR N AT + 3 GC 34090 2012 and prior after termination Work permits, ctc.) 505-06 Job Applications HR N C + 3 29 CFR 1627.3 2012 and prior LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED D/NR DESTROY WHEN NO LONGER RELEVANT 11 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) 505-08 Recruitment Consultants HR N AC + 3 GC 34090 2012 and prior if closed 507 TRAINING FILES 507-03 Employee Training HR N P GC 34090 Permanent 508 WORKERS COMP 508-02 Workers Compensation HR Y AT + 30 CCR 14311; 15400.2; CA Labor Code 110- 139.6 30 Years After Termination 508-04 Workers Compensation (litigated) HR Y P AT + 30 CCR 14311; 15400.2; CA Labor Code 110- 139.6 Permanent 509 COMPLIANCE FILES 509-05 Compliance Reports (EED, SCO, OSHA, etc.) HR Y P GC 34090 Permanent 510 SAFETY FILES 510-01 Safety Reports/Minutes HR Y P GC 34090 Permanent 510-02 Accident/Safety Investigation Files (OSHA, etc.) HR N P GC 34090 Permanent 510-03 Safety Manual HR N P GC 34090 Permanent 510-05 Department of Transportation DOT Program HR Y P GC 34090 Permanent 511 INCENTIVE AND SERVICE AWARDS 511-01 Employee Recognition HR Y P GC 34090 Permanent 511-02 City Sponsored Employee Activities (Team PACE) HR N C + 2 GC 34090 2013 and prior 600 PURCHASING, CONTRACTING, EQUIPMENT AND SERVICE FILES 601 PURCHASING FILES 601-01 Purchase Orders FIN N 4 AA GC 34090 FY10/11 and prior 601-02 Product, Services, Catalogs FIN N C + 2 GC 34090 2013 and prior LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED D/NR DESTROY WHEN NO LONGER RELEVANT 12 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) 601-03 Bid Files CC N P Successful 4 Unsuccessful CCP 337.5 Successful Permanent and filed with contract; Unsuccessful 4 years Permanent Successful;2012 and prior Unsuccessful 601-04 Authorization to Purchase other than Bid FIN N US GC 6254 Until Superseded 601-05 Department Requisition File FIN N 5 AA GC 34090 FY 09/10 and prior 601-06 Purchasing Policy and Procedures FIN N US GC 6254 Until Superseded 601-08 Vendors Lists FIN N D/NR GC 34090 Destroy when no longer relevant 601-09 Lease/Purchasing Files FIN Y P GC 34090 Permanent 601-10 Administration FIN N US GC 34090 Until Superseded 601-13 Credit Applications FIN N 4 AA GC 34090 FY10/11 and prior 601-15 RFQ's/RFP's ALL N 3 Successful 2 Unsuccessful GC 34090 2013 and prior Successful; 2011 and prior Unsuccessful 601-16 Consultant Information FIN N C + 2 GC 34090 2013 and prior 602 CONTRACTS & AGREEMENTS 602-00 Contracts & Agreements CC Y P GC 34090 Permanent 602-01 Franchises CC Y P GC 34090 Permanent 602-02 Contracts and Agreements General Correspondence CC Y C + 2 GC 34090 2013 and prior 602-03 Lease Agreements CC Y P GC 34090 Permanent 602-04 Planning Agreements CC Y P GC 34090 Permanent 603 INVENTORY SUPPLY FILES & FIXED ASSETS 603-01 Master Inventory of Equipment FIN, IT Y P GC 34090 Permanent 603-02 Fuel Records File (Gasoline, Oil, etc.) FIN N C + 2 GC 34090 2013 and prior 603-03 Vehicle Registration Records FIN N g L GC 34090 Title transfers when vehicle sold Permanent LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED D/NR DESTROY WHEN NO LONGER RELEVANT 13 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) VC 9900 603-04 Inventory of Supplies FIN Y P GC 34090 Permanent 603-05 Vehicle Maintenance Policy N US GC 34090 Until Superseded 604 SALVAGE AND SURPLUS SALES 604-01 Salvage and Surplus Sales FIN N C + 3 2 AD GC 34090 2012 and prior after disposition 605 PUBLICATION AND PRINTING FILES 605-01 Proof of Publication CC Y C + 3 GC 34090, CCP 343, 349 GC 911.2 2012 and prior 605-02 Minority Publication List CC Y P GC 34090 Permanent 606 EQUIPMENT LOG, SERVICE RECORDS and WORK ORDERS 606-01 Equipment Instruction and Information ALL N C + 3-2 AD GC 34090 2013 and prior after disposition 606-02 Equipment Log Book Files ALL N C + 3-2 AD GC 34090 2013 and prior after disposition 606-03 Equipment Service Records & Equipment Maintenance ALL N C + 3-2 AD GC 34090 2013 and prior after disposition 606-04 Work Orders and Service Requests PW N C + 3 2 GC 34090 2013 and prior 607 SERVICES CONTRACTED 607-01 Service Agreements Y P GC 34090 Permanent 607-02 Misc. Mechanics Lien & Stop Notices Y P GC 34090 Permanent 700 LEGISLATIVE, ELECTIONS & LEGAL FILES 701 LEGISLATIVE FILES 701-01 Council Reference Papers/Meetings CC Y P GC 34090 Permanent 701-02 City Council Agendas CC Y P GC 34090 Permanent 701-03 Board, Committee, Commission & Agency Agendas CC Y P GC 34090 Permanent 701-04 Ordinance Files CC Y P GC 34090 Originals may not be destroyed; image for reference purposes only Permanent 701-05 Council Resolutions CC Y P Originals may not be destroyed; image for Permanent LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT D/NR DESTROY WHEN NO LONGER RELEVANT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED 14 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) GC 34090 reference purposes only 701-06 Board, Committee, Commission & Agency Minutes CC Y P GC 34090 Originals may not be destroyed; image for reference purposes only Permanent 701-07 Board, Committee, Commission & Agency Ordinances CC Y P GC 34090 Originals may not be destroyed; image for reference purposes only Permanent 701-08 Board, Committee, Commission & Agency Resolutions CC Y P GC 34090 Originals may not be destroyed; image for reference purposes only Permanent 701-09 Board, Committee, Commission & Agency Reference Papers, Applications, Appointments & Resignations CC Y P Successful C + 2 Unsuccessful GC 34090 Successful permanent for historical purposes; Unsuccessful 3 years Permanent Successful/2013 and prior Unsuccessful 701-10 Council Minutes CC Y P GC 34090 Originals may not be destroyed; image for reference purposes only Permanent 701-11 State Legislative Information & Correspondence (includes Brown Act) CC N C + 2 GC 6254 2013 and prior 701-12 Federal Legislative Information & Correspondence (GFOA) CC N C + 2 GC 34090 2013 and prior 701-13 Legislative Studies, Analysis, Mandates and Districts CC Y P GC 34090 Permanent 701-14 Municipal Code CC Y P GC 34090 Replace superseded copies Permanent 701-15 Rancho California Water District Resolutions, Ordinances & Minutes CC Y P GC 34090 Permanent 701-16 Meeting Notifications & Public Hearings CC Y C + 2 GC 34090 2013 and prior 701-17 Certificates, Presentations & Proclamations CC N C + 2 GC 34090 Historical value 2013 and prior 701-18 City Seal/Logo CC Y P GC 34090 Permanent 701-19 City of Temecula Incorporation CC Y P GC 34090 Historical value Permanent 701-20 City Council/Commission Recordings CC N P GC 34090 City Council policy Permanent 701-22 City Council Vacancy CC Y P GC 34090 Do not destroy original Permanent 702 ELECTION FILES 702-00 Election Reference Papers CC N E + 4 2 GC 34090 2013 and prior 702-01 Oaths of Office CC Y = T + 6 GC 34090, 29 USC 1113 T + 6 702-02 Election Operational Files CC Y P Permanent LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED D/NR DESTROY WHEN NO LONGER RELEVANT 15 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) GC 34090 702-03 Election Statistics Files CC Y P GC 34090 Permanent 702-04 Election Ballots (Miscellaneous) CC Y P GC 34090 Sample ballot retained permanently Permanent 702-06 Nomination Petition Files CC Y P EC 17100 Permanent 702-07 Election Historical Files CC Y P GC 34090 Historical Permanent 702-08 Campaign Statements CC Y P/E + GC81009 (b) Elected permanent Nonelected Election + & 7 Elected Permanent/Non- Elected 2008 and prior 702-10 Annexation, Consolidation & Boundary Files CC Y P GC 34090 Permanent 702-11 Initiatives, Referendum and Recall Petitions Correspondence CC Y C + 2 GC 34090 2013 and prior 702-12 Initiatives, Referendum and Recall Petitions CC Y CL + 8 months EC 17200, 17400; GC 7253.5 EC14700 + GC3756:8 April 2015 and prior 703 LEGAL 703-01 Request for Records CC Y CL + 2 GC 34090 2013 and prior if closed 703-02 Legalized Gambling Files CC Y P GC 34090 Permanent 703-03 Litigation Against City CC, FIN Y P GC 34090 Permanent 703-06 Bankruptcy Filings/Foreclosure Notices CC Y P GC 34090 Permanent 703-08 Subpoenas CC N C + 2 GC 34090 and prior 703-09 Litigation by City CC Y P GC 34090 Permanent 704 LEGAL AFFAIRS FILES 704-02 Notice of Violation Files CE N P GC 34090 Permanent 704-03 Notice To Comply Files CC, CE Y P GC 34090 Permanent 704-04 Affidavits Files CC N CL +5 GC 34090 2011 and prior LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED D/NR DESTROY WHEN NO LONGER RELEVANT 16 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) 704-05 Judgment Files CC Y P GC 34090 Permanent 704-06 Rent Control CC Y P GC 34090 Permanent 704-07 Statements of Economic Interest CC N AT+7 E+5 81009(e) 81009(b) Elected 7 Years After Termination; Non -Elected Election plus 5 Years 2009 and prior after termination; 2011 and prior non -elected 704-08 Conflict of Interest Code CC Y P GC 34090.7 Permanent 704-09 Garnishment & Levies CC Y P GC 34090 Permanent 704-10 Code Enforcement Citations/Liens CC N 3 AS/P GC 34090 Liens Permanent Citations 2012 after settled; liens permanent 704-12 City Attorney Correspondence (General) ALL Y C + 2 GC 34090 2013 and prior 704-13 Claims Against the City CC N 3 AS GC 34090 2012 and prior after settled 704-15 Notary Public Certification File CC Y P GC 34090 Permanent 704-18 Moratoriums CC Y P GC 34090 Permanent 704-19 Miscellaneous Petitions/Protests (See 702-12 for election petitions) CC N C + 2 GC 6253, 50115 2013 and prior 704-22 FPPC Form 800 Series CC Y g C + 7 GC 34090, GC 81009 2009 and prior 705 ASSESSMENT/SPECIAL DISTRICTS 705-01 Assessment/Special Districts Y P GC 34090 Permanent 705-02 AD 159 Y P GC 34090 Permanent 705-03 AD 161 Y P GC 34090 Permanent 705-05 Temecula Community Services District CSD Y P GC 34090 Permanent 705-07 Redevelopment Agency Y P GC 34090 Permanent 705-09 CSA 143 Y P GC 34090 Permanent 705-11 AD 155 Y P Permanent LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED D/NR DESTROY WHEN NO LONGER RELEVANT 17 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) GC 34090 705-12 Industrial Development Authority (IDA) Y P GC 34090 Permanent 800 ENGINEERING, CONSTRUCTION, BUILDING AND CAPITAL PROJECTS 801 GENERAL ENGINEERING 801-00 Reference Papers PW Y P GC 34090 Permanent 801-01 Improvement Plans — Water PW Y P GC 34090 Permanent 801-02 Improvement Plans — Sewer PW Y P GC 34090 Permanent 801-03 Improvement Plans — Storm Drain PW Y P GC 34090 Permanent 801-04 Improvement Plans — Street (All Weather Access) PW Y P GC 34090 Permanent 801-05 Grading Plans PW Y P GC 34090 Permanent 802 ENGINEERING AND CONSTRUCTION PERMITS 802-01 Excavation Permits PW Y P GC 34090 Permanent 802-02 Grading Permits PW Y P GC 34090 Permanent 802-05 Encroachment Permits PW Y P GC 34090 Permanent 802-07 Right of Entry CE, PW Y P GC 34090 Permanent 802-08 Flood Plain Development Permits PW Y P GC 34090 Permanent 803 MAP FILES 803-01 Final Tract Maps PW Y P GC 34090 Permanent 803-02 Final Parcel Maps PW Y P GC 34090 Permanent 805 BUILDING PLANS, PERMITS AND SPECIFICATIONS 805-00 Reference Papers BS Y P GC 34090 Permanent 805-01 Sewer Specifications BS Y P GC 34090 Permanent LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED D/NR DESTROY WHEN NO LONGER RELEVANT 18 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) 805-03 Landscape Specifications PLG Y P GC 34090 Permanent 805-04 Regional Standard Drawings and Specifications for Public Works PW Y P GC 34090 Permanent 805-06 Building Codes BS Y P GC 34090 Permanent 805-07 Building Permits BS Y P GC 34090 Permanent 805-08 Building Plans BS Y P GC 34090 H & S 19850 For life of structure Permanent 806 CAPITAL PROJECTS 806-01 5 -Year Plan Y P GC 34090 Permanent 806-02 10 -Year Plan Y P GC 34090 Permanent 806-03 Project Planning Reference Papers Y P GC 34090 Permanent 806-04 Projects in Progress CM Y P GC 34090 Permanent 806-05 Completed Projects PW Y P GC 34090 Permanent 807 INSPECTION FILES 807-01 Inspectors Daily Reports CSD, BS, PW Y P GC 34090 Permanent 807-02 Billboard and Sign Files BS Y P GC 34090 Permanent 807-03 Deputy Inspectors/City Fee Required BS Y P GC 34090 Permanent 807-04 Confidential Investigations N P GC 34090 Permanent 900 LABOR RELATIONS FILES 901-00 Labor Relations HR Y P GC 34090 Permanent 901-01 Meet and Confer HR Y P GC 34090 Permanent 901-02 Memorandum of Understanding HR Y P GC 34090 Permanent 901 03 City Sponsorcd Employcc Activitics (T am #P N C 2 See 511-02 2013 and prior PACE) 1 GC 3'1090 901-05 Employee Organization Files Y P Permanent LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED D/NR DESTROY WHEN NO LONGER RELEVANT 19 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) HR GC 34090 1000 RIGHT-OF-WAY, BOUNDARY AND PROPERTY FILES 1001 RIGHT-OF-WAY FILES 1001-01 Easements Granted BY City CC Y P GC 34090 Permanent 1001-02 Easements Granted BY County CC Y P GC 34090 Permanent 1001-03 Irrevocable Offers of Dedication (I.0.D.) CC Y P GC 34090 Permanent 1001-04 Encroachment Files Y P GC 34090 Permanent 1001-05 Quitclaims CC Y P GC 34090 Permanent 1001-06 Easement Grant TO City CC Y P GC 34090 Permanent 1002 PROPERTY FILES 1002-01 Property Acquisition Files CC Y P GC 34090 Permanent 1002-02 Property Lease Files CC Y P GC 34090 Permanent 1002-03 Property Sale Files CC Y P GC 34090 Permanent 1002-04 Address Change Y P GC 34090 Permanent 1002-05 Geographical Site Names/Signs Y P GC 34090 Permanent 1002-06 Vacations Y P GC 34090 Permanent 1002-07 Annexations CC, CM, PLG Y P GC 34090 Permanent 1002-08 Property Management Y P GC 34090 Permanent 1002-09 Archaeological Sites Y P GC 34090 Permanent 1002-10 Eminent Domain Acquisition Y P GC 34090 Permanent 1002-11 Appraisals Y P GC 34090 Permanent 1003 BOUNDARY FILES LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT D/NR DESTROY WHEN NO LONGER RELEVANT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED 20 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) 1003-01 Boundary Description PLG Y P GC 34090 Permanent 1003-02 Sphere of Influence PLG Y P GC 34090 Permanent 1100 PUBLIC SERVICES AND PUBLIC RELATIONS 1110 STREET MAINTENANCE AND IMPROVEMENT FILES 1110-01 Street Improvement PW Y P GC 34090 Permanent 1110-02 Off -Site Plans (Ramps, Sidewalks, Curbs, etc.) PW Y P GC 34090 Permanent 1110-03 Bridges PW Y P GC 34090 Permanent 1110-04 Street Planning PW Y P GC 34090 Permanent 1110-05 Street Maintenance and Repairs PW N 3 GC 34090 1110-06 Striping (Crosswalks, Bike Lanes, etc.) PW Y P GC 34090 Permanent 1110-07 Street Names and Signs PW Y P GC 34090 Permanent 1110-08 Street Furniture (Bus Benches, etc.) PW Y P GC 34090 Permanent 1110-09 State Highways & Freeways PW Y P GC 34090 Permanent 1110-10 Street Inventory PW Y P GC 34090 Permanent 1110-11 Medians PW Y P GC 34090 Permanent 1110-12 Slopes PW Y P GC 34090 Permanent 1110-13 Street Numbering Y P GC 34090 Permanent 1110-14 Detour Plans PW Y P GC 34090 Permanent 1120 STREET LIGHTING FILES 1120-01 Street Lighting Assessment Files PW Y P GC 34090 Permanent 1120-02 Street Lighting Maintenance Files PW N C + 2 GC 34090 and prior 1120-03 Street Lighting Information & Reference Papers PW Y P Permanent LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED D/NR DESTROY WHEN NO LONGER RELEVANT 21 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) GC 34090 1130 SPECIAL SERVICES FILES 1130-01 Volunteer Program CSD N C + 2 GC 34090 2013 and prior 1130-02 Work Exchange Programs (Court Referral) N C + 2 GC 34090 2013 and prior 1130-03 Contribution Programs N C + 2 GC 34090 2013 and prior 1130-04 Special Events Permits CSD N C + 2 GC 34090 2013 and prior 1140 RESEARCH, STUDIES & SPECIAL PROJECTS 1140-01 Economic Development Y P GC 34090 Permanent 1140-02 Misc. Studies/Surveys Y P GC 34090 Permanent 1141 SPECIAL STUDIES FILES 1141-01 Flood Control Studies PW Y P GC 34090 Permanent 1141-02 Demographic & Statistical Studies Y P GC 34090 Permanent 1141-03 Wastewater Reclamation Studies Y P GC 34090 Permanent 1141-04 Water Studies "- Y P GC 34090 Permanent 1141-05 Personnel Studies Y P GC 34090 Permanent 1141-06 Capital Improvement Studies Y P GC 34090 Permanent 1141-07 Finance Studies Y P GC 34090 Permanent 1141-08 Parking Studies Y P GC 34090 Permanent 1141-09 Research and Studies: General Y P GC 34090 Permanent 1141-10 Special Projects Studies Y P GC 34090 Permanent 1150 ANIMAL CONTROL FILES 1150-01 Animal Control Correspondence CE, CM N C + 2 GC 34090 2013 and prior LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED D/NR DESTROY WHEN NO LONGER RELEVANT 22 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) 1150-02 Animal Inoculations/Licensing N/A N C + 2 GC 34090 2013 and prior 1150-03 Animal Control Legal Citation Hearings CE, CM N C + 2 GC 34090 2013 and prior 1150-04 Wild and Exotic Animals N C + 2 GC 34090 2013 and prior 1150-05 Animal Control Facilities Y P GC 34090 Permanent 1160 TRAFFIC CONTROL AND PARKING 1160-01 Traffic Control Files PW Y P GC 34090 Permanent 1160-02 Traffic Studies and Surveys PW Y P GC 34090 Permanent 1160-04 Traffic Requests — Public Inquiry PW Y P GC 34090 Permanent 1160-06 Traffic Consultants PW Y C + 5 GC 34090 2011 and prior 1161 TRAFFIC MAPS 1161-01 Topographical Traffic Maps Y P GC 34090 Permanent 1161-02 Street Maps Y P GC 34090 Permanent 1161-03 Speed Survey Y P GC 34090 Permanent 1162 TRAFFIC SIGNAL FILES 1162-01 Traffic Signals PW Y L GC 34090 Life of signal Life 1162-02 Traffic Signal Maintenance PW Y L GC 34090 Life of signal Life 1162-03 Red Light Enforcement (Cameras, etc.) PW N L GC 34090 Life of equipment Life 1163 PARKING FILES 1163-01 Parking Permits and Control N US GC 34090 Until Superseded 1163-02 Curb Zone Files (Red, Green, Striping, etc.) N US GC 34090 Until Superseded 1163-03 Off -Street Parking N US GC 34090 Until Superseded 1170 SANITATION, SEWERS & STORMDRAINS 1170-01 Sewer Services, General N US Until Superseded LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT D/NR DESTROY WHEN NO LONGER RELEVANT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED 23 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) GC 34090 1170-02 Deposits, Refunds and Rates N US GC 34090 Until Superseded 1170-03 Sewer System Maintenance N US GC 34090 Until Superseded 1170-04 Solid Waste Management N US GC 34090 Until Superseded 1170-05 Drainage Correspondence N US GC 34090 Until Superseded 1170-06 Septic System N US GC 34090 Until Superseded 1170-07 Refuse Collection/Haulers N US GC 34090 Until Superseded 1170-08 Sewage Treatment/Water Reclamation N US GC 34090 Until Superseded 1170-09 Storm Drains and Flood Control N US GC 34090 Until Superseded 1170-10 Sewer Facilities N US GC 34090 Until Superseded 1170-11 Sewer District Annexation N US GC 34090 Until Superseded 1170-12 Sewer Capacity N US GC 34090 Until Superseded 1170-13 Sewer Connections/Applications N US GC 34090 Until Superseded 1180 PUBLIC RELATIONS FILES 1180-01 Public Relations Reference Papers Y P GC 34090 Historical value Permanent 1180-02 News Clippings N P GC 34090 Keep only selected clippings for historical value Permanent 1180-03 Public Inquiry and Complaints (Except Consumer) ALL N 2 AS GC 34090 2014 and prior after settled 1180-04 Press Releases ALL N C + 2 GC 34090 Selected releases for historical value 2013 and prior 1180-05 Community Relations CM Y P GC 34090 Permanent 1180-06 Public Ceremony Files CM Y P GC 34090 Historical value Permanent 1180-07 Professional Organization Files Y P GC 34090 Historical value Permanent 1180-08 Public Questionnaires CM, CSD Y P Historical value Permanent LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED D/NR DESTROY WHEN NO LONGER RELEVANT 24 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) GC 34090 1180-09 Municipal Newsletter CM Y P GC 34090 Historical value Permanent 1180-10 Donations TO the City CM, CSD Y P GC 34090 Historical value Permanent 1180-11 Organizations and Clubs, General CM, CSD Y P GC 34090 Historical value Permanent 1180-12 Community Education CSD Y P GC 34090 Historical value Permanent 1180-13 Special Events CM, CSD Y P GC 34090 Historical value Permanent 1180-14 City Promotional Campaign CSD Y P GC 34090 Historical value Permanent 1180-15 Donations FROM the City CM Y P GC 34090 Historical value Permanent 1180-16 Sister City Program CM, CSD Y P GC 34090 Historical value Permanent 1180-17 Flags and Emblems CM Y P GC 34090 Historical value Permanent 1180-18 City Publications & Brochures CSD Y P GC 34090 Historical value Permanent 1180-19 Photographs CSD N P GC 34090 Historical value Permanent 1180-20 Speeches CM N P GC 34090 Historical value Permanent 1200 PUBLIC UTILITIES, COMMUNICATIONS, AND TRANSPORTION FILES 1201 GENERAL UTILITIES FILES 1201-01 Public Utilities Commission Y P GC 34090 Permanent 1201-02 Underground Utilities Y P GC 34090 Permanent 1202 GAS AND ELECTRIC FILES 1202-01 Franchise Files Y P GC 34090 Permanent 1202-02 Rules, Regulations, Rates & Correspondence N C + 2 GC 34090 2013 and prior 1202-03 Easements Granted TO Southern California Edison Y P GC 34090 Permanent 1202-04 Facilities Y P GC 34090 Permanent LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED D/NR DESTROY WHEN NO LONGER RELEVANT 25 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) 1204 WATER SERVICE FILES 1204-01 Water Services, General N C + 2 GC 34090 2013 and prior 1204-02 Water Meters N C + 2 GC 34090 2013 and prior 1204-03 Water Service Application N C + 2 GC 34090 2013 and prior 1204-04 Water Service Application — Temporary N C + 2 GC 34090 2013 and prior 1204-05 Deposits, Refunds and Rates N C + 2 GC 34090 2013 and prior 1204-06 Water System Maintenance N C + 2 GC 34090 2013 and prior 1204-07 Water Conservation — Consumption N C + 2 GC 34090 2013 and prior 1204-08 Water Mains N P GC 34090 Historical value Permanent 1204-09 Reservoirs and Dams N P GC 34090 Historical value Permanent 1205 TELEPHONE FILES 1205-01 General Telephone IT N C + 2 GC 34090 2013 and prior 1205-02 Cellular Telephone IT N C + 2 GC 34090 2013 and prior 1205-03 Pacific Bell IT N C + 2 GC 34090 2013 and prior 1205-04 Communication Facilities IT N C + 2 GC 34090 2013 and prior 1206 CABLE TELEVISION FILES 1206-01 Cable TV Reference Papers IT N C + 2 GC 34090 2013 and prior 1206-02 Cable TV Franchise IT Y P GC 34090 Permanent 1207 TRANSPORTATION FILES 1207-01 Transit Service Reference Papers/Reports CSD Y P GC 34090 Permanent 1207-02 Dial -A -Ride Y P GC 34090 Permanent 1207-03 County Transportation System Y P GC 34090 Permanent LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT D/NR DESTROY WHEN NO LONGER RELEVANT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED 26 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) 1207-04 Cal Trans Ride Sharing Y P GC 34090 Permanent 1207-05 Regional Issues Y P GC 34090 Permanent 1207-06 Airports/Airport Issues CM Y P GC 34090 Permanent 1207-07 City Bus Routes N C + 2 GC 34090 2013 and prior 1207-08 Taxi Service N C + 2 GC 34090 2013 and prior 1207-09 Horse Drawn Vehicles N C + 2 GC 34090 2013 and prior 1300 PUBLIC SAFETY FILES 1301 PUBLIC SAFETY 1301-01 Law Enforcement CM Y P GC 34090 Permanent 1301-02 Public Safety, General CE, CM N C + 2 GC 34090 2013 and prior 1301-03 Crime Reports N C + 3 GC 34090 2012 and prior 1301-04 Sheriff's Department Quarterly Reports Y P GC 34090 Permanent 1301-05 Alarm Systems N C + 2 GC 34090 2013 and prior 1301-06 Vehicle Code Enforcement CE N C + 2 GC 34090 2013 and prior 1301-07 Crossing Guard File N C + 2 GC 34090 2013 and prior 1301-08 Abandoned Vehicles & Houses CE N C + 2 GC 34090 2013 and prior 1301-09 Juvenile Anti -Delinquency Programs N C + 2 GC 34090 2013 and prior 1301-10 Accident Reports CSD, HR Y P GC 34090 Permanent 1301-11 Substance Abuse N C + 2 GC 34090 and prior 1301-12 Fire Arm License/Permits N P GC 34090 Permanent 1301-13 Border Patrol CC, CM N C + 2 GC 34090 and prior 1302 FIRE DEPARTMENT LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED D/NR DESTROY WHEN NO LONGER RELEVANT 27 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) 1302-02 Emergency Medical Service CC Y P GC 34090 Permanent 1302-04 Fire Department Correspondence CC Y C + 2 GC 34090 2013 and prior 1302-06 Fire Department Facilities CC Y P GC 34090 Permanent 1302-08 Fire Permit Files FP Y P GC 34090 Permanent 1400 PARKS, RECREATION, ENVIRONMENTAL AND EDUCATION FILES 1401 PARKS AND FACILITIES 1401-00 Community Service Rules & Regulations (Council Adopted) CSD Y P GC 34090 Permanent 1401-01 Parks Reports, Studies & Regulations CSD Y P GC 34090 Permanent 1401-02 Parks Sites PW Y P GC 34090 Historical value Permanent 1401-03 Park Donations CSD Y P GC 34090 Historical value Permanent 1401-04 Recreation Centers & Sites CSD Y P GC 34090 Historical value Permanent 1401-05 Recreation Centers Reports & Studies CSD Y P GC 34090 Permanent 1401-06 City Hall Reports and Studies PW Y P GC 34090 Permanent 1401-07 City Hall Construction/Capital Improvements PW Y P GC 34090 Permanent 1401-08 City Hall Facilities PW Y P GC 34090 Permanent 1401-09 Senior Center CSD Y P GC 34090 Permanent 1401-10 Recreation Forms (Liability Waivers, Activity Registrations,Park/Facility Rentals, Sign -In Sheets, Rosters, Parental Consent, Registration Receipt, Vendor Application,etc.) CSD N C + 2 GC 34090 2013 and prior 1402 CULTURAL RECREATION FILES 1402-01 Performing Arts CSD Y P GC 34090 Permanent 1402-02 Library CSD Y P GC 34090 Permanent 1402-03 Museums CSD Y P Permanent LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED D/NR DESTROY WHEN NO LONGER RELEVANT 28 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) GC 34090 1402-04 Tourism & Visitors Center Y P GC 34090 Permanent 1402-05 Cultural Reports and Studies CSD Y P GC 34090 Permanent 1403 ENVIRONMENTAL FILES 1403-01 Community Design Manual Y P GC 34090 Permanent 1403-02 Proposed Landscaping Guidelines Y P GC 34090 Permanent 1403-03 Air Pollution/Air Element Y P GC 34090 Permanent 1403-04 Archaeological Surveys Y P GC 34090 Permanent 1403-05 Hazardous Waste and Materials Y C + 10 CAL OSHA; 40 CFR 122.21 2005 and prior 1403-06 Weed Abatement CE N CL + 2 GC 34090 2013 and prior if closed 1403-07 Resource Conservation Areas Y P GC 34090 Permanent 1403-08 Energy Conservation Y P GC 34090 Permanent 1403-09 City -Wide Clean-up Campaigns Y P GC 34090 Permanent 1403-10 Noise Pollution Y P GC 34090 Permanent 1403-11 Tree Trimming and Removal Y P GC 34090 Permanent 1403-12 Recycling Y P GC 34090 Permanent 1403-13 Safe Drinking Water Act Y P GC 34090 Permanent 1403-14 Congestion Management Y P GC 34090 Permanent 1403-15 Stephen's Kangaroo Rat Mitigation Y P GC 34090 Permanent 1403-16 Multi -Species Habitat Conservation Plan Y P GC 34090 Permanent 1403-17 CEQA Y P GC 34090 Permanent LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED D/NR DESTROY WHEN NO LONGER RELEVANT 29 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) 1403-18 Landfills Y P GC 34090 Permanent 1403-19 Erosion Control Plans Y P GC 34090 Permanent 1403-20 Earthquake Standards/Hazardous Buildings Y P GC 34090 Permanent 1403-21 Mining Projects Y P GC 34090 Permanent 1403-22 Federal Endangered Species Act (FESA) Y P GC 34090 Permanent 1403-23 Santa Ana Watershed Project Authority Y P GC 34090 Permanent 1403-24 Environmental Pests Y P GC 34090 Permanent 1404 PHYSICAL RECREATION FILES 1404-01 Lake Oriented Sports CSD N C + 2 GC 34090 2013 and prior 1404-02 Equipment Rental CSD N C + 2 GC 34090 2013 and prior 1404-03 Recreation Programs CSD N C + 2 GC 34090 2013 and prior 1404-04 Golf Courses Y P GC 34090 Permanent 1404-05 Trails, Hiking, Biking, Equestrian CSD Y P GC 34090 Permanent 1404-06 Parades CSD N C + 2 GC 34090 Also see Special Events 1180-13 2013 and prior 1404-07 Skateboarding/Rollerblading CSD N C + 2 GC 34090 2013 and prior 1405 EDUCATION FILES 1405-01 Temecula Valley Unified School District N C + 2 GC 34090 Publications, flyers, etc. 2013 and prior 1405-02 Universities, College & Higher Education N C + 2 GC 34090 2013 and prior 1405-03 Private & Christian Schools N C + 2 GC 34090 2013 and prior 1405-04 High Schools N C + 2 GC 34090 2013 and prior 1405-05 Murrieta Unified School District N C + 2 GC 34090 2013 and prior 1500 GOVERNMENT ORGANIZATIONS AND LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED D/NR DESTROY WHEN NO LONGER RELEVANT 30 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) OFFICES: INTERNATIONAL, NATIONAL AND LOCAL 1500-02 International City Managers Association (ICMA) N C + 2 GC 34090 2013 and prior 1500-03 International/Vs. Sister Cities Organization CM, CSD N C + 2 GC 34090 Travel docs and related purchases 2013 and prior 1500-04 Technical Advisory Committee — March Air Force N C + 2 GC 34090 Publications, flyers, etc. 2013 and prior 1501 UNITED STATES OFFICES AND ORGANIZATIONS 1501-00 Intergovernmental Agency & Organization Reference Papers N C +2 GC 34090 Publications, flyers, etc. 2013 and prior 1501-01 U.S. Department of Transportation N C +2 GC 34090 2013 and prior 1501-02 U.S. Department of Commerce -Bureau of Census N C + 2 GC 34090 2013 and prior 1501-03 U.S. Post Office N C + 2 GC 34090 2013 and prior 1501-04 National Flood Insurance Program N C + 2 GC 34090 2013 and prior 1501-05 Internal Revenue Service N C + 2 GC 34090 2013 and prior 1501-06 Department of Interior N C + 2 GC 34090 2013 and prior 1501-07 Federal Communications Commission N C + 2 GC 34090 2013 and prior 1501-08 Federal Budget N C + 2 GC 34090 2013 and prior 1501-09 Equal Employment Opportunity (EEOC) N C + 2 GC 34090 2013 and prior 1501-10 Federal Emergency Management Agency (FEMA) N C + 2 GC 34090 2013 and prior 1501-11 Environmental Protection Agency N C + 2 GC 34090 2013 and prior 1501-12 All American Cities N C +2 GC 34090 2013 and prior 1501-13 NAFTA N C +2 GC 34090 " " 2013 and prior 1501-14 GFOA (Government Finance Officers Association) N C + 2 GC 34090 " " 2013 and prior 1502 CALIFORNIA OFFICES AND LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED D/NR DESTROY WHEN NO LONGER RELEVANT 31 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) ORGANIZATIONS 1502-01 Department of Real Estate N C + 2 GC 34090 Publications, flyers, etc. 2013 and prior 1502-02 Air Resources Board N C + 2 GC 34090 " " 2013 and prior 1502-03 Alcoholic Beverage Control N C + 2 GC 34090 2013 and prior 1502-04 Board of Equalization N C + 2 GC 34090 2013 and prior 1502-05 Fair Political Practices Commission N C + 2 GC 34090 2013 and prior 1502-06 Highway Patrol N C + 2 GC 34090 2013 and prior 1502-07 Public Employees Retirement N C + 2 GC 34090 2013 and prior 1502-08 Department of Forestry N C + 2 GC 34090 2013 and prior 1502-09 Department of Industrial Relations/Prevailing Wage N C + 2 GC 34090 2013 and prior 1502-10 Land Commission N C + 2 GC 34090 2013 and prior 1502-11 Fish and Game N C + 2 GC 34090 2013 and prior 1502-12 General Services N C + 2 GC 34090 2013 and prior 1502-13 Controller N C + 2 GC 34090 2013 and prior 1502-14 Department of Motor Vehicles CE N C + 2 GC 34090 For vehicle registration 2013 and prior 1502-15 California Conservation Corps. N C + 2 GC 34090 2013 and prior 1502-16 Office of Planning & Research — Newsletter N C + 2 GC 34090 2013 and prior 1502-17 Department of Transportation N C + 2 GC 34090 2013 and prior 1502-18 Transportation Commission N C + 2 GC 34090 2013 and prior 1502-19 California Parks & Recreation Society CSD N C + 2 GC 34090 2013 and prior 1502-20 Workers Compensation Insurance N C + 2 GC 34090 2013 and prior LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED D/NR DESTROY WHEN NO LONGER RELEVANT 32 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) 1502-21 Debt Advisory Commission (AB 1192) N C + 2 GC 34090 2013 and prior 1502-22 California Energy Commission N C +2 GC 34090 2013 and prior 1502-23 Office of Management & Budget N C + 2 GC 34090 2013 and prior 1502-24 Secretary of State N C + 2 GC 34090 2013 and prior 1502-25 Industrial Development Financing Advisory Committee N C + 2 GC 34090 2013 and prior 1502-26 State Department of Health N C + 2 GC 34090 2013 and prior 1502-27 State Water Resources Commission & Control Board N C + 2 GC 34090 2013 and prior 1502-28 Municipal Business Tax Association N C + 2 GC 34090 2013 and prior 1502-29 Housing and Community Development N C + 2 GC 34090 2013 and prior 1502-30 Office of Criminal Justice Planning N C + 2 GC 34090 2013 and prior 1502-31 Employment Development Department N C + 2 GC 34090 2013 and prior 1502-32 Water Quality Control Board N C + 2 GC 34090 2013 and prior 1502-33 Geology & Mining Board N C + 2 GC 34090 2013 and prior 1502-34 Department of Finance N C + 2 GC 34090 2013 and prior 1502-35 Bureau of Automotive Repairs N C + 2 GC 34090 2013 and prior 1502-36 Wildlife Conservation Board N C + 2 GC 34090 2013 and prior 1502-37 California Department of Commerce N C + 2 GC 34090 2013 and prior 1502-38 3CMA (City -County Communications & Marketing) N C + 2 GC 34090 2013 and prior 1502-39 California Association for Local Economic Development (CALED) N C + 2 GC 34090 2013 and prior 1502-40 California Redevelopment Association (CRA) N C + 2 GC 34090 2013 and prior 1502-41 California Contract Cities Association N C + 2 2013 and prior LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED D/NR DESTROY WHEN NO LONGER RELEVANT 33 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) GC 34090 1502-42 CSMFO (California Society of Municipal Finance Officers) N C + 2 GC 34090 2013 and prior 1502-43 CMBTA (California Municipal Business Tax Association) N C + 2 GC 34090 2013 and prior 1502-44 CAPPO (California Association of Purchasing Professionals Assc.) N C + 2 GC 34090 2013 and prior 1502-45 State Transportation Improvement Program (STIP) N C + 2 GC 34090 2013 and prior 1502-46 Board of Governors N C + 2 GC 34090 2013 and prior 1503 REGIONAL ORGANIZATIONS 1503-00 LAFCO — Local Agency Formation Commission N C + 2 GC 34090 Publications, flyers, etc. 2013 and prior 1503-01 Intergovernmental Training & Development N C + 2 GC 34090 2013 and prior 1503-02 Water Agencies Associations N C + 2 GC 34090 2013 and prior 1503-03 Mayors & Councilmembers of Riverside County N C + 2 GC 34090 2013 and prior 1503-04 ARJIS (Area Regional Justice Information System) N C + 2 GC 34090 2013 and prior 1503-05 Southern California Joint Powers Insurance Authority N C + 2 GC 34090 2013 and prior 1503-06 League of California Cities and National League of Cities N C + 2 GC 34090 2013 and prior 1503-07 Metropolitan Water District of Southern California N C + 2 GC 34090 2013 and prior 1503-08 WRCOG (Western Riverside Council of Governments) N C + 2 GC 34090 2013 and prior 1503-09 Inland Empire Relocation Group N C + 2 GC 34090 2013 and prior 1503-10 SWRCoCC (Southwest Riverside County Care Coalition) N C + 2 GC 34090 2013 and prior 1503-11 SLAG (Southern California Association of Governments) N C + 2 GC 34090 2013 and prior 1503-12 Airport Land Use Commission N C + 2 GC 34090 2013 and prior 1503-13 CARE (Coalition for a Reasonable Environment) N C + 2 2013 and prior LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED D/NR DESTROY WHEN NO LONGER RELEVANT 34 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) GC 34090 1503-14 CVAG (Coachella Valley Association of Governments) N C + 2 GC 34090 2013 and prior 1503-15 SANDAG (San Diego Association of Governments) N C + 2 GC 34090 2013 and prior 1504 RIVERSIDE COUNTY FILES 1504-01 Riverside County Correspondence, General N C + 2 GC 34090 Publications, flyers, etc. 2013 and prior 1504-02 Assessor N C + 2 GC 34090 2013 and prior 1504-03 Auditor and Controller N C + 2 GC 34090 2013 and prior 1504-04 Board of Supervisors N C + 2 GC 34090 2013 and prior 1504-05 Office of Disaster Preparedness N C + 2 GC 34090 2013 and prior 1504-06 Flood Control/Water Conservation District N C + 2 GC 34090 2013 and prior 1504-07 Housing and Community Development Department N C + 2 GC 34090 2013 and prior 1504-08 Public Works Department N C + 2 GC 34090 2013 and prior 1504-09 Registrar of Voters N C + 2 GC 34090 2013 and prior 1504-10 Sheriff N C + 2 GC 34090 2013 and prior 1504-11 Traffic Advisory Commission N C + 2 GC 34090 2013 and prior 1504-12 Treasurer — Tax Collector N C + 2 GC 34090 2013 and prior 1504-13 Public Health Services N C + 2 GC 34090 2013 and prior 1504-14 Department of Transportation N C + 2 GC 34090 2013 and prior 1504-15 Department of Animal Control N C + 2 GC 34090 2013 and prior 1504-16 Economic Development Program N C + 2 GC 34090 2013 and prior 1504-17 Planning & Land Use N C + 2 GC 34090 2013 and prior LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED D/NR DESTROY WHEN NO LONGER RELEVANT 35 Exhibit A CITY OF TEMECULA UNIFORM FILING SYSTEM GUIDE RECORD RETENTION SCHEDULE Adopted by CC Resolution No. 16- , January 12, 201 CC Meeting RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) IMAGE RETENTION & LEGAL CITATION COMMENTS RETENTION DATES OF RECORDS (Updated each January) 1504-18 General Services N C + 2 GC 34090 2013 and prior 1504-19 County Recorder & Clerk N C + 2 GC 34090 2013 and prior 1504-20 Social Services N C + 2 GC 34090 2013 and prior 1504-21 Library System N C + 2 GC 34090 2013 and prior 1504-22 Parks and Recreation N C + 2 GC 34090 2013 and prior 1504-23 Waste Management N C + 2 GC 34090 2013 and prior 1504-24 Centennial N C + 2 GC 34090 2013 and prior 1504-25 Riverside Operational Area Organization N C + 2 GC 34090 2013 and prior 1504-26 County Courts N C + 2 GC 34090 2013 and prior 1504-27 Riverside County Abandoned Vehicle Service Authority (AVA) CE N C + 2 GC 34090 2013 and prior LEGENDS: AA AFTER AUDIT AS AFTER SETTLED CL CLOSED P PERMANENT D/NR DESTROY WHEN NO LONGER RELEVANT AC AFTER CLOSED AT AFTER TERMINATION E ELECTION UD UNTIL DISPOSED T TERM AD AFTER DISPOSITION C CURRENT L LIFE US UNTIL SUPERSEDED 36 Exhibit B CITY OF TEMECULA 2016 Annual Records Destruction ALL DEPARTMENTS: RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) RETENTION & LEGAL CITATION DOCUMENT/RECORDTYPE RETENTION DATES OF RECORDS 101-01 Chronological Files ALL Current + 2 GC 34090 General Correspondence 2013 and prior 101-02 Mail Log ALL Current + 2 GC 34090 Logs 2013 and prior 101-03 Telephone Record Books ALL Current + 2 GC 34090 Books, notes 2013 and prior 101-04 Suspense Files ALL Current + 2 GC 34090 General Correspondence 2013 and prior 101-05 Mailing Requests ALL Current + 2 GC 34090 General Correspondence, requests 2013 and prior 204-07 Meeting Audio Recordings Current + 2 GC 34090 Meeting audio 2013 and prior 205-01 Budget Working Paper Files Current + 2 GC 34090 Drafts, general correspondence, working papers 2013 and prior 205-02 Proposed Budget ALL Current + 2 GC 34090 Proposed budget documents 2013 and prior 601-15 RFQ's/RFP's ALL 3 Successful 2 Unsuccessful GC 34090 Requests for Quotes/Proposals, supporting documents, lists, logs 2013 and prior Successful; 2011 and prior Unsuccessful 606-01 Equipment Instruction and Information ALL Current + --- After Disposition GC 34090 Booklets, information, instructions 2013 and prior after disposition 606-02 Equipment Log Book Files ®®®®®®®�®®®��®®®®®®� ®®®~ ALL Current + - ' After Disposition GC 34090 Logs 2013 and prior after disposition 606-03 Equipment Service Records & Equipment Maintenance ALL Current + '* ;- After Disposition GC 34090 Service and/or maintenance records 2013 and prior after disposition 704-12 City Attorney Correspondence (General) ALL Current + 2 GC 34090 General Correspondence 2013 and prior 1180-03 Public Inquiry and Complaints (Except Consumer) ALL 2 After Settled GC 34090 Complaints and inquiries 2014 and prior after settled 1180-04 Press Releases ALL Current + 2 GC 34090 Press Release copies, General Correspondence 2013 and prior CITY CLERK DEPARTMENT: RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE RETENTION DATES OF RECORDS 305-02 Claims CC, FIN 3 After Settled GC 34090 Claims, general correspondence, supporting documents 2013 and prior years after settled 601-03 Bid Files CC 4 Unsuccessful CCP 337.5 Unsuccessful bids, general correspondence and supporting documents 2012 and prior Unsuccessful 1 602-02 Contracts and Agreements General Correspondence CC Current + 2 GC 34090 General Correspondence 2013 and prior 605-01 Proof of Publication CC Current + 3 GC 34090 Proof of Publication for notices of public hearings, inviting bids, meeting notices, election notices, nominees for public office, proposed mitigated negative declaration, workshops, unclaimed funds, positions available, rates & charges, public review, intent to release funds, etc. 2012 and prior 701-09 Board, Committee, Commission & Agency Reference Papers, Applications, Appointments & Resignations CC P Successful Current + 2 Unsuccessful GC 34090 Unsuccessful applications, general correspondence, reports, resumes Permanent Successful/2013 and prior Unsuccessful 701-11 State Legislative Information & General Correspondence (Includes Brown Act) CC Current + 2 GC 6254 General Correspondence and reference papers 2013 and prior 701-12 Federal Legislative Information & General Correspondence (GFOA) CC Current+ 2 GC 34090 General Correspondence and reference papers 2013 and prior 701-16 Meeting Notifications & Public Hearings CC Current + 2 GC 34090 Notices, reference papers 2013 and prior 701-17 Certificates, Presentations & Proclamations CC Current+ 2 GC 34090 Certificate copies, logs, proclamation copies, notes, reference papers 2013 and prior 702-00 Election Reference Papers CC Election + 4 2 GC 34090 Reference papers 2013 and prior 702-01 Oaths of Office CC = T + 6 GC 34090, 29 USC 1113 Oaths, reference papers, general correspondence 2010 and prior after termination 702-08 Campaign Statements CC Election + 6 7 GC 81009(b) General Correspondence Elected Permanent; Non—elected 2008 & prior 702-11 Initiatives, Referendum and Recall Petitions General Correspondence CC Current + 2 GC 34090 General Correspondence 2013 and prior 702-12 Initiatives, Referendum and Recall Petitions CC. Closed + 8 months EC 17200, 17400; GC 7253.5 EC14700 + GC3756:8 General Correspondence, petitions, statements by proponents, certificates, receipts, tally of votes, notice of intention, requests to prepare ballot title and summary, flyers April 2015 and prior 703-01 Request for Records CC Closed + 2 GC 34090 General Correspondence, records requests 2013 and prior 703-08 Subpoenas Current + 2 GC 34090 Subpoenas for records/appearance and general correspondence 2013 and prior 704-04 Affidavits Files CC Closed + 5 GC 34090 Affidavits of deliveries, mailings and postings 2011 and prior 704-07 Statements of Economic Interest °®®®®® '�®®®CC After Termination +7 Election + 5 81009(e) 81009(b) General Correspondence, FPPC forms, lists 2009 and prior after termination; 2011 and prior non -elected 704-10 Code Enforcement Citations/Liens °®® CC 3 After Settled GC 34090 Citations (Liens Permanent) Citations 2012 after settled; liens permanent 704-13 Claims Against the City CC 3 After Settled GC 34090 Claims, general correspondence, supporting documents, logs 2012 and prior years after settled 704-19 Miscellaneous Petitions/Protests CC Current + 2 GC 6253, 50115 General Correspondence, petitions/protests 2013 and prior 704-22 FPPC Form 800 Series CC g C + 7 GC 34090, GC 81009 Forms, general correspondence 2009 and prior 1302-04 Fire Department General Correspondence CC Current + 2 GC 34090 General Correspondence 2013 and prior 2 CITY MANAGER/ECONOMIC DEVELOPMENT: RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE RETENTION DATES OF RECORDS 410-03 Meetings/Seminars/Conferences/Showcases ED Current + 2 GC 34090 Logs, General Correspondence, reference papers 2013 and prior 1150-01 Animal Control General Correspondence CE, CM Current+ 2 GC 34090 General Correspondence 2013 and prior 1150-03 Animal Control Legal Citation Hearings CE, CM Current + 2 GC 34090 General Correspondence, notes, reference papers, recordings 2013 and prior 1301-02 Public Safety, General CE, CM Current + 2 GC 34090 General Correspondence, reference papers 2013 and prior 1301-13 Border Patrol CC, CM Current + 2 GC 34090 General Correspondence, reference papers 2013 and prior 1500-03 International/vs. Sister Cities Organization CM, CSD Current + 2 GC 34090 Travel docs and related purchases 2013 and prior COMMUNITY SERVICES DEPARTMENT: RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE RETENTION DATES OF RECORDS 203-07 Temporary Use Permit CSD, PLG P.a.L Current + 2 GC 34090d Application, corresponding paperwork, permits 2013 and prior 1130-01 Volunteer Program CSD Current + 2 GC 34090 Applications, general correspondence, reference papers 2013 and prior 1130-04 Special Events Permits CSD Current + 2 GC 34090 Applications, general correspondence, reference papers 2013 and prior 1401-10 Recreation Forms (Liability Waivers, Activity Registrations,Park/Facility Rentals, Sign -In Sheets, Rosters, Parental Consent, Registration Receipt, Vendor Application,etc.) CSD ® Current + 2 GC 34090 Applications, general correspondence, forms, lists, logs, receipts 2013 and prior 1404-01 Lake Oriented Sports CSD Current + 2 GC 34090 General Correspondence, lists, logs, reference papers 2013 and prior 1404-02 Equipment Rental CSD Current + 2 GC 34090 General Correspondence, lists, logs, reference papers 2013 and prior 1404-03 Recreation Programs CSD Current + 2 GC 34090 General Correspondence, lists, logs, reference papers 2013 and prior 1404-06 Parades CSD Current + 2 GC 34090 General Correspondence, lists, logs, reference papers 2013 and prior 1404-07 Skateboarding/Rollerblading CSD Current + 2 GC 34090 General Correspondence, lists, logs, reference papers 2013 and prior 1500-03 International/vs. Sister Cities Organization CM, CSD Current + 2 GC 34090 Travel documents and related purchases 2013 and prior COMMUNITY DEVELOPMENT DEPARTMENT: RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE RETENTION DATES OF RECORDS 203-07 Temporary Use Permit CSD, PLG, PW Current + 2 GC 34090d Application, permit and corresponding paperwork and prior 3 203-16 Temporary Signs PLG Current + 2 GC 34090d Application, permit and corresponding paperwork 2013 and prior 203-32 Appeals PLG Current + 2 GC 34090 Appeal and corresponding paperwork 2013 and prior 1150-01 Animal Control General Correspondence CE, CM Current + 2 GC 34090 General Correspondence 2013 and prior 1150-03 Animal Control Legal Citation Hearings CE, CM Current + 2 GC 34090 Hearing documents 2013 and prior 1301-02 Public Safety, General CE, CM Current + 2 GC 34090 General Correspondence, lists, logs, reference papers 2013 and prior 1403-06 Weed Abatement CE Closed + 2 GC 34090 General Correspondence, lists, logs, notices, reference papers, corresponding paperwork 2013 and prior if closed 1301-06 Vehicle Code Enforcement CE Current + 2 GC 34090 General Correspondence, lists, logs, notices, reference papers, corresponding paperwork 2013 and prior 1301-08 Abandoned Vehicles & Houses CE Current + 2 GC 34090 General Correspondence, lists, logs, notices, reference papers, corresponding paperwork 2013 and prior FINANCE DEPARTMENT: RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE RETENTION DATES OF RECORDS 205-13 State Budget Information FIN Current + 2 GC 34090 General Correspondence, reference papers 2013 and prior 305-02 Claims CC, FIN, HR 3 Years After Settled GC 34090 Claims, general correspondence, supporting documents 2013 and prior years after settled 401-03 General Ledger File/AJE/BJE FIN 4 Years After Audit GC 34090 Accounting, revenue documents (Only Journal Entries/GL Permanent) FY10/11 and prior 401-06 Accounts Payable FIN 4 Years After Audit GC 34090 Check copies, invoices, lists, reports, supporting documents FY10/11 and prior 401-07 Accounts Receivable FIN 4 Years After Audit GC 34090 Receivables, lists, receipts, reports, supporting documents FY10/11 and prior 401-11 Encumbrance Files FIN 4 Years After Audit GC 34090 Electronic files FY10/11 and prior 401-13 List of Demands FIN 4 Years After Audit GC 34090 Lists FY10/11 and prior 401-14 Petty Cash Files FIN 4 Years After Audit GC 34090 Receipts, lists, log FY10/11 and prior 401-16 Sales Tax FIN 4 Years After Audit GC 34090 Remittances, wire information, statements FY10/11 and prior 401-19 Financial Statements FIN 7 Years After Audit GC 34090 & CCP 337 CAFR Reports FY08/09 and prior 401-25 Vouchers and Voucher Register (Cash Disbursement Journal) FIN 4 Years After Audit GC 34090 A/P Checks, invoices FY10/11 and prior 401-35 Internal Service Funds FIN 4 Years After Audit GC 34090 Quarterly Journal Reports FY10/11 and prior 402-02 Daily Cash Receipts FIN 4 Years After Audit GC 34090 Receipts, reports FY10/11 and prior 402-06 Business Licenses FIN 4 After Termination GC 34090 Applications, licenses, renewals and supporting documentation 2012 and prior if terminated 403-01 Bank Deposit Files FIN 4 Years After Audit GC 34090 Deposit slips and supporting documents and prior 4 403-02 Bank Statements FIN 4 Years After Audit GC 34090 Statements FY10/11 and prior 403-03 Check Stubs, Cancelled/Voided Checks FIN 5 Years After Audit GC 34090 Payroll, cancelled & voided checks FY 09/10 and prior 403-04 Signature Cards & Authority FIN 5 Years After Audit GC 34090 Logs FY 09/10 and prior 403-05 Banking Service Files FIN 3 Years After Termination GC 34090 Agreements, contacts 2013 and prior if terminated 403-06 Bank Reconciliation FIN 4 Years After Audit GC 34090 Statements, reconciliations, summaries, disbursements FY10/11 and prior 403-07 Bank Proposals FIN Current + 2 GC 34090 Proposals 2013 and prior 403-08 A/P Checks FIN 4 Years After Audit GC 34090 Check copies, invoices, lists, supporting documents FY 10/11 and prior 404-02 Payroll Deductions FIN Current + 2 GC 34090 P29 CFR 1627.3 Payroll Deductions only; Benefit Reports Permanent 2013 and prior 404-03 Payroll System Reports FIN 6 Years After Audit GC 34090 Pay period summaries FY08/09 and prior 404-04 Time Sheets FIN 6 Years After Audit GC 34090 Timesheets FY08/09 and prior 404-06 Vacation & Sick Leave FIN, HR 4 Years After Audit GC 34090 Time Off Requests FY 10/11 and prior 404-09 Unemployment Compensation Files FIN, HR 5 Years After Termination GC 34090 Unemployment Tax Files 2011 and prior if terminated 404-15 Copies of Employee Paychecks & Direct Deposit Stubs FIN 5 Years After Audit GC 34090 Checks, direct deposit copies and prior 404-16 Workers Compensation FIN, HR 5 Years After Termination GC 34090 Employee Works Comp Payroll Files 2011 and prior if terminated 408-05 Investment Information Files FIN 4 Years After Audit GC 34090 Investment Portfolios FY 10/11 and prior 408-07 Administration ��®®®�- FIN 4 Years After Audit GC 34090 Investment Documents FY 10/11 and prior 408-09 Brokers/Dealers FIN Current + 2 GC 34090 Bond Issuance 2013 and prior 408-10 State of California Local Agency Investment Fund (LAIF) FIN 4 Years After Audit GC 34090 Investment Forms FY10/11 and prior 409-01 Administration FIN 4 Years After Audit GC 34090 Revenue Documents FY10/11 and prior 409-12 Transient Occupancy Tax (TOT) FIN 4 Years After Audit GC 34090 Remittance Packets/Receipts FY10/11 and prior 409-16 Documentary Transfer Tax FIN 4 Years After Audit GC 34090 Revenue Files FY10/11 and prior 409-23 Gas Tax FIN 4 Years After Audit GC 34090 Bank Statements, Remittance Notices FY10/11 and prior 409-31 Parking Legal Citations FIN 4 Years After Closed GC 34090 Citations, general correspondence, lists, logs FY 10/11 and prior if closed 601-01 Purchase Orders FIN 4 Years After Audit GC 34090 Purchase orders and supporting documents FY 10/11 and prior 601-02 Product Services, Catalogs FIN Current + 2 GC 34090 Catalogs 2013 and prior 601-05 Department Requisition File FIN 5 Years After Audit GC 34090 Purchase Order Requisition Files FY 09/10 and prior 5 601-13 Credit Applications FIN 4 Years After Audit GC 34090 Applications FY 10/11 and prior 601-16 Consultant Information FIN Current + 2 GC 34090 Reference papers 2013 and prior 603-02 Fuel Records File (Gasoline, Oil, etc.) FIN Current+ 2 GC 34090 City vehicle fuel records 2013 and prior 604-01 Salvage and Surplus Sales FIN Current + 3 2 Years After Disposition GC 34090 Lists, logs, reference papers, salvage/surplus items and equipment 2012 and prior after disposition HUMAN RESOURCES DEPARTMENT: RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE RETENTION DATES OF RECORDS 202-01 Organization Planning (City of Temecula) HR Current + 2 GC 34090 General Correspondence, reports, research documents 2013 and prior 305-02 Claims CC, FIN, HR 3 Years After Settled GC 34090 Claims, general correspondence, supporting documents 2013 and prior years after settled 404-06 Vacation & Sick Leave FIN, HR 4 Years After Audit GC 34090 General Correspondence, medical reports, request forms FY 10/11 and prior 404-09 Unemployment Compensation Files FIN, HR 5 Years After Termination GC 34090 Claim forms, general correspondence 2011 and prior if terminated 404-16 Workers Compensation FIN, HR 5 Years After Termination GC 34090 Claim forms, general correspondence, medical reports 2011 and prior if terminated 501-01 Individual Personnel Folders HR Closed + 10 GC 34090 Benefit elections, general correspondence, evaluations, new hire paperwork, personnel actions, training certificates 2005 and prior if closed 505-01 Recruitment File r®®®®®®®®r H . After Closed + 3 GC 34090 Applications, resumes, lists, logs, examination materials, examination answer sheets, job bulletins 2012 and prior if closed 505-02 Department of Motor Vehicles Driving Records (DMV) HR After Termination + 3 GC 34090 Driving record reports 2012 and prior if terminated 505-04 Employment eligibility Verification HR After Termination + 3 GC 34090 Form 1-9 certification and supporting documentation 2012 and prior if terminated 505-06 Job Applications HR Current + 3 29 CFR 1627.3 Applications, general correspondence, resumes 2012 and prior 505-08 Recruitment Consultants HR After Closed + 3 GC 34090 Agreement, scope of work, work product, reports 2012 and prior if closed 511-02 City Sponsored Employee Activities (Team PACE) HR Current + 2 GC 34090 Reference papers, notes 2013 and prior INFORMATION TECHNOLOGY DEPARTMENT: RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE RETENTION DATES OF RECORDS 1205-01 General Telephone IT Current + 2 GC 34090 General Correspondence, lists, logs, notices, reference papers, corresponding paperwork 2013 and prior 1205-02 Cellular Telephone IT Current + 2 GC 34090 General Correspondence, lists, logs, notices, reference papers, corresponding paperwork 2013 and prior 6 1205-03 Pacific Bell IT Current + 2 GC 34090 General Correspondence, lists, logs, notices, reference papers, corresponding paperwork 2013 and prior 1205-04 Communication Facilities IT Current + 2 GC 34090 General Correspondence, lists, logs, notices, reference papers, corresponding paperwork 2013 and prior 1206-01 Cable TV Reference Papers IT Current + 2 GC 34090 General Correspondence, lists, logs, notices, reference papers, corresponding paperwork 2013 and prior PUBLIC WORKS DEPARTMENT: RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE RETENTION DATES OF RECORDS 606-04 Work Orders and Service Requests PW Current + 3 2 GC 34090 Work orders, services requests and related paperwork 2013 and prior 1110-05 Street Maintenance and Repairs PW 3 GC 34090 Logs, reference papers 2013 and prior 1120-02 Street Lighting Maintenance Files PW Current + 2 GC 34090 Logs, reference papers 2013 and prior 1160-06 Traffic Consultants PW Current + 5 GC 34090 General Correspondence, reference papers 2011 and prior 1403-05 Hazardous Waste and Materials Current + 10 CAL OSHA; 40 CFR 122.21 General Correspondence, reference papers, logs, reports 2005 and prior MISC./OTHER: RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE RETENTION DATES OF RECORDS 1100 PUBLIC SERVICES AND PUBLIC RELATIONS 1130-02 Work Exchange Programs (Court Referral) Current + 2 GC 34090 General Correspondence, reference papers 2013 and prior 1130-03 Contribution Programs Current + 2 GC 34090 General Correspondence, reference papers 2013 and prior 1150-02 Animal Inoculations/Licensing Current + 2 GC 34090 General Correspondence, reference papers 2013 and prior 1150-04 Wild and Exotic Animals Current + 2 GC 34090 General Correspondence, reference papers 2013 and prior 1200 PUBLIC UTILITIES, COMMUNICATIONS, AND TRANSPORTATION 1202-02 Rules, Regulations, Rates & General Correspondence Current + 2 GC 34090 General Correspondence, reference papers 2013 and prior 1204-01 Water Services, General Current + 2 GC 34090 General Correspondence, reference papers 2013 and prior 1204-02 Water Meters Current + 2 GC 34090 General Correspondence, reference papers 2013 and prior 1204-03 Water Service Application Current + 2 GC 34090 General Correspondence, reference papers 2013 and prior 1204-04 Water Service Application — Temporary Current + 2 GC 34090 General Correspondence, reference papers 2013 and prior 1204-05 Deposits, Refunds and Rates Current + 2 GC 34090 General Correspondence, reference papers 2013 and prior 7 RECORD SERIES FILE NUMBER RECORD CATEGORY RECORD HOLDER (if specified) RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE RETENTION DATES OF RECORDS 1204-06 Water System Maintenance Current + 2 GC 34090 General Correspondence, reference papers 2013 and prior 1204-07 Water Conservation — Consumption Current + 2 GC 34090 General Correspondence, reference papers 2013 and prior 1207-07 City Bus Routes Current + 2 GC 34090 General Correspondence, reference papers 2013 and prior 1207-08 Taxi Service Current + 2 GC 34090 General Correspondence, reference papers 2013 and prior 1207-09 Horse Drawn Vehicles Current + 2 GC 34090 General Correspondence, reference papers 2013 and prior 1300 PUBLIC SAFETY 1301-05 Alarm Systems Current + 2 GC 34090 General Correspondence, reference papers 2013 and prior 1301-09 Juvenile Anti -Delinquency Programs Current + 2 GC 34090 General Correspondence, reference papers 2013 and prior 1301-11 Substance Abuse Current + 2 GC 34090 General Correspondence, reference papers 2013 and prior 1400 PARKS, RECREATION, ENVIRONMENTAL AND EDUCATION 1405-01 Temecula Valley Unified School District Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1405-02 Universities, College & Higher Education Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1405-03 Private & Christian Schools Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1405-04 High Schools Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1405-05 Murrieta Unified School District Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1500 GOVERNMENT ORGANIZATION AND OFFICES: INTERNATIONAL, NATIONAL AND LOCAL General Correspondence, flyers, mailings, notices, publications, etc. 1500-02 International City Managers Association (ICMA) Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1500-04 Technical Advisory Committee — March Air Force Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1501-00 Intergovernmental Agency & Organization Reference Papers Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1501-01 U.S. Department of Transportation Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1501-02 U.S. Department of Commerce -Bureau of Census Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1501-03 U.S. Post Office Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1501-04 National Flood Insurance Program Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1501-05 Internal Revenue Service Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1501-06 Department of Interior Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1501-07 Federal Communications Commission Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 8 1501-08 Federal Budget Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1501-09 Equal Employment Opportunity (EEOC) Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1501-10 Federal Emergency Management Agency (FEMA) Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1501-11 Environmental Protection Agency Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1501-12 All American Cities Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1501-13 NAFTA Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1501-14 GFOA (Government Finance Officers Association) Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-01 Department of Real Estate Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-02 Air Resources Board Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-03 Alcoholic Beverage Control Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-04 Board of Equalization Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-05 Fair Political Practices Commission Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-06 Highway Patrol Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-07 Public Employees Retirement Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-08 Department of Forestry Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-09 Department of Industrial Relations/Prevailing Wage Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-10 Land Commission Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-11 Fish and Game Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-12 General Services ®®®®® ��®®® Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-13 Controller ®®®®® '®®®� Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-14 Department of Motor Vehicles ®®®®®,®®®; ®®®®®s Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-15 California Conservation Corps. '® Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-16 Office of Planning & Research — Newsletter Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-17 Department of Transportation Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-18 Transportation Commission Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-19 California Parks & Recreation Society Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-20 Workers Compensation Insurance Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 9 1502-21 Debt Advisory Commission (AB 1192) Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-22 California Energy Commission Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-23 Office of Management & Budget Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-24 Secretary of State Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-25 Industrial Development Financing Advisory Committee Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-26 State Department of Health Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-27 State Water Resources Commission & Control Board Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-28 Municipal Business Tax Association Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-29 Housing and Community Development Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-30 Office of Criminal Justice Planning Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-31 Employment Development Department Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-32 Water Quality Control Board Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-33 Geology & Mining Board Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-34 Department of Finance Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-35 Bureau of Automotive Repairs Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-36 Wildlife Conservation Board Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-37 California Department of Commerce Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-38 3CMA (City-County Communications & Marketing) Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-39 California Association for Local Economic Development (CALED) Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-40 California Redevelopment Association (CRA) Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-41 California Contract Cities Association Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-42 CSMFO (California Society of Municipal Finance Officers) Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-43 CMBTA (California Municipal Business Tax Association) Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-44 CAPPO (California Association of Purchasing Professionals Assc.) Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-45 State Transportation Improvement Program (STIP) Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1502-46 Board of Governors Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1503-00 LAFCO — Local Agency Formation Commission Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1503-01 Intergovernmental Training & Development Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 10 1503-02 Water Agencies Associations Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1503-03 Mayors & Councilmembers of Riverside County Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1503-04 ARJIS (Area Regional Justice Information System) Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1503-05 Southern California Joint Powers Insurance Authority Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1503-06 League of California Cities and National League of Cities Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1503-07 Metropolitan Water District of Southern California Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1503-08 WRCOG (Western Riverside Council of Governments) Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1503-09 Inland Empire Relocation Group Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1503-10 SWRCoCC (Southwest Riverside County Care Coalition) Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1503-11 SLAG (Southern California Association of Governments) Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1503-12 Airport Land Use Commission Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1503-13 CARE (Coalition for a Reasonable Environment) Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1503-14 CVAG (Coachella Valley Association of Governments) Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1503-15 SANDAG (San Diego Association of Governments) Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1504-01 Riverside County General Correspondence, Gener Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1504-02 Assessor Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1504-03 Auditor and Controller Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1504-04 Board of Supervisors Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1504-05 Office of Disaster Preparedness Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1504-06 Flood Control/Water Conservation District Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1504-07 Housing and Community Development Department Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1504-08 Public Works Department Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1504-09 Registrar of Voters Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1504-10 Sheriff Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1504-11 Traffic Advisory Commission Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1504-12 Treasurer — Tax Collector Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1504-13 Public Health Services Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1504-14 Department of Transportation Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 11 1504-15 Department of Animal Control Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1504-16 Economic Development Program Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1504-17 Planning & Land Use Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1504-18 General Services Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1504-19 County Recorder & Clerk Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1504-20 Social Services Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1504-21 Library System Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1504-22 Parks and Recreation Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1504-23 Waste Management Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1504-24 Centennial Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1504-25 Riverside Operational Area Organization Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1504-26 County Courts Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 1504-27 Riverside County Abandoned Vehicle Service Authority (AVA) ®®vrvvv _ Current + 2 GC 34090 General Correspondence, flyers, mailings, notices, publications, etc. 2013 and prior 12 In accordance with the City of Temecula Records Retention Schedule approved by City Council (CC Resolution No. 16 - ), the City records, documents, instruments, books or papers, described and listed above, have reached or exceeded the legal retention period, are permanently imaged, do not have a litigation hold, and are otherwise no longer required to be retained by the City. The department records are retained in accordance with applicable federal and state laws as set forth in the City of Temecula's current retention schedule. In accordance with the City's Records Management Program, with the consent of the Department Head, and upon written approval of the City Clerk and the City Attorney, these records will be properly destroyed or disposed of. RECORDS WITH A PERMANENT RETENTION: Authorization to destroy permanent records after imaging as listed on the current retention schedule: (Historical documents, vital records, documents involved in litigation or pending audit will not be destroyed). AI Imaging and indexing of these records have been quality checked; AI Images have been stored in the City's Imaging System; AI The imaged record becomes the official original record of the City and will be held in accordance of the City's Retention Schedule DEPARTMENT DIRECTOR APPROVAL: Signature Date City Manager Community Services Director Finance Director Director of Public Works/City Engineer Community Development Director Human Resources Department Head Deputy Director of Information Technology CITY ATTORNEY/CITY CLERK APPROVAL: Signature Date City Clerk City Attorney I hereby certify that the records described above have been destroyed in accordance with the City's current Retention Schedule. Records were destroyed by a third party vendor and the Certificate of Destruction is attached. DESTRUCTION COMPLETED BY: Signature Date Records Manager 13 RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CITY'S ELECTRONIC DOCUMENT MANAGEMENT SYSTEM (EMDS) POLICY WHEREAS, The City uses Laserfiche as its Electronic Document Management System (EDMS) to store official records of the City electronically that originally existed as paper and/or electronic records. WHEREAS, The purpose of the Electronic Document Management System Policy (EMDS) is to ensure the City's EDMS meets the definition of a Trusted System as set forth in California Government Code Sections 12168.7 and 34090.5, and is in compliance with regulations developed by the Secretary of State (SOS) to use in recording, storing, and reproducing permanent and nonpermanent documents or records in electronic media, so that every reproduction of a record from the EDMS will be deemed to be a copy of an original record; and WHEREAS, The EMDS Policy documents the business practices that will be implemented to ensure that the process for converting and storing paper records in the EDMS complies with California state law and has been designed and prepared in accordance with AIIM (Association for Information and Image Management) Guidelines Sections 6.2 and 6.17. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The "City of Temecula Electronic Document Management System Policy (EMDS)" set forth on Exhbit A, attached hereto and incorporated herein as though set forth in full, is hereby adopted. Section 2. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of January, 2016. Michael S. Naggar, 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. 16- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of January, 2016, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk I. Purpose CITY OF TEMECULA PROCEDURES FOR ELECTRONIC DOCUMENT MANAGEMENT SYSTEM (EDMS) POLICY (January 2016) The City uses Laserfiche as its Electronic Document Management System (EDMS) to store official records of the City electronically. These official records may have originally existed as paper and/or electronic records. The purpose of this policy is to ensure the City's EDMS meets the definition of a Trusted System as set forth in California Government Code Sections 12168.7 and 34090.5, and is in compliance with regulations developed by the Secretary of State (SOS) to use in recording, storing, and reproducing permanent and nonpermanent documents or records in electronic media, so that every reproduction of a record from the EDMS will be deemed to be a copy of an original record. This policy documents the business practices that will be implemented to ensure that the process for converting and storing paper records in the EDMS complies with California state law. It has been designed and prepared in accordance with Al IM (Association for Information and Image Management) Guidelines Sections 6.2 and 6.17. An additional purpose of this policy is to permit the City, pursuant to California Government Code Section 34090.5, to destroy original paper records, documents, instruments, books, and papers ("paper records") once those paper records have been stored into the EDMS in compliance with the procedures set forth in this policy California Government Code Section 34090.5 sets forth that if a record series can be produced electronically and proper archival methods are set in place, the original may be destroyed, with the exception of those documents that are required to be kept permanently in their original form as outlined in the City's retention schedule. This process will reduce storage boxes and storage space costs, as well as bring the City's records management program into compliance with the law. 11. Objectives • To provide citizens access to public documents; • To assist in the transparency of public government documents; • To utilize state of the art security for database management of the City's permanent documents; • To provide accurate and efficient archival research capabilities and document retrieval; • To provide disaster recovery capabilities; • To facilitate organizational access to final records in the most efficient and effective manner. This policy regarding trustworthy official electronic record preservation applies to all City 1 departments that via the City Clerk's Office: • Create or store electronic documents as the official records of the City; • Intend on destroying the original hardcopy and maintaining the electronic documents as the official records of the City; and/or • Maintain electronically originated documents as the official records of the City. Staff shall not destroy: • Official records that are expressly required by law to be filed and preserved; and/or • Official records that are required by law to be retained in hardcopy format. This policy shall not be construed to allow a department to maintain such official records electronically in place of the original hardcopy. III. Definitions A. "AIIM" means the Association for Information and Image Management. B. "AIIM Guidelines" means the recommended practice report produced by AIIM and known as "AIIM ARP1-2009 Analysis, Selection, and Implementation of Electronic Document Management Systems (EDMS)," approved June 5, 2009. C. "DPI" and "PPI" means and refer to dots per inch and pixels per inch, respectively. The terms may be used interchangeably. D. "EDMS" means Electronic Document Management System and is a computer system designed to store and track electronic documents. E. "Electronically originated records" include any record created without first having originated in hard copy format. It includes all documents or records generated through electronic submissions. F. "Indexing" means inputting descriptions and other information about an imaged document into a template to help with the search and retrieval process. G. "Laserfiche" document imaging software is utilized by the City as the EDMS to store official records of the City electronically. H. "Lossless compression method" means a compression method by which data are compressed by efficient coding of the information in the image and where the reconstructed image contains the same amount of information as the original data. "OCR" or "Optical Character Recognition" means the mechanical or electronic translation of scanned images of handwritten, typewritten or printed text into machine -encoded text by means of an optical scanner and specialized software. J. "Official Records" shall include official documents or official records that are: 1) 2 defined as such in applicable statutes and in the business practices of the City for retaining said documents or records; 2) identified in the City Records Retention Schedule. K. "PDF" or "Portable Document Format" is an open standard for document exchange. This file format is used for representing documents in a manner independent of application software, hardware, and operating systems. Each PDF file encapsulates a complete description of a fixed -layout flat document, including the text, fonts, graphics, and other information needed to display it. L. "PDF/A" or "Portable Document Format/Archival" is an electronic file format whereby documents are self-contained allowing them to be reproduced with all the document coding embedded within the file. It is a file format for the long-term archiving of electronic documents. It is based on the PDF Reference Version 1.4 from Adobe Systems Inc. (implemented in Adobe Acrobat 5 and latest versions). M. "Records hold" or "legal hold" refers to the duty to preserve and not delete any records, electronic or otherwise, that are potentially relevant to any of the following in which the City may be involved: a reasonably anticipated claim or litigation, an ongoing claim or litigation, a pending employee grievance, a pending regulatory or governmental investigation, a pending subpoena, a pending Public Records Act request, or a pending audit. N. "Records Management" is a Division of the City Clerk Department. O. "Snapshot" is the proprietary name of a Laserfiche module that converts electronic documents to TIFF format. Snapshot may be run as a stand-alone program or may be integrated into Laserfiche. P "TIFF" or "Tagged image file format" is a bitmapped graphics file format developed by Aldus and Microsoft that handles monochrome, gray scale, 8 -and 24 -bit color. Files use the .TIF and .TIFF extensions. Q. "Trusted system" is defined in California Government Code 12168.7 and means "a combination of techniques, policies, and procedures for which there is no plausible scenario in which a document retrieved from or reproduced by the system could differ substantially from the document that is originally stored." R. "Working Folder" is the folder where temporary documents are placed and where modifications and deletions are allowed once their purpose has been served. These documents are not documents identified as official records. S. "WORM storage device" is a data storage technology that allows information to be written to a drive a single time and prevents the drive from erasing the data. WORM stands for write once, read many, and WORM storage devices are intentionally not rewritable, because they are especially intended to store data that the user does not want to erase accidentally. IV. Records Retention Policy Compliance A. The Electronic Document Management System (EDMS) shall comply with the 3 Records Retention Schedule for City Records of the City of Temecula as approved by the City Council. B. Paper records scanned and stored in the EDMS approved for destruction will be destroyed in compliance with the City's Records Retention and Destruction Resolution. Prior to records destruction, the responsible department head(s) shall sign the Records Destruction Authorization (Form A) approving the destruction, and submit the form to the City Clerk's Office for final approval and signature by the City Clerk and City Attorney. Once all approvals and signatures have been obtained for such destruction in accordance with state law and the City's current Records Retention and Destruction Resolution, the records may be destroyed. (See attached "Form A") The Records Manager shall sign Form A once approved records are destroyed. C. Record Holds: When notified by the City Attorney and/or the City Clerk's Office that a "records hold" or "legal hold" is in place, or when City staff reasonably anticipates that a claim or litigation may ensue, staff shall tag the potentially relevant records in the EDMS, using a unique tag assigned by the City Clerk, so that potentially relevant records are retained beyond their destruction date and not destroyed. V. Procedure for Converting and Storing Paper Records in the EDMS A. The City Clerk is the City official responsible for oversight of the EDMS. The City Clerk's Office shall provide assistance and guidance to other City departments to ensure that the intent of this administrative policy is carried out and that the EDMS serves as a trusted system for storage and reproduction of City records that originated in paper format. Official permanent records should never be retained on local or internal drives. B. Conversion and Storing of Paper Records 1. All records scheduled for permanent retention shall be converted and stored in the EDMS. 2. The City Clerk's office shall work with each City department to prioritize their records for conversion and storage in the EDMS. 3. Records without a permanent and/or scheduled retention pursuant to the City's retention policy shall not be placed in the EDMS. Unless a draft is being retained as a City record, preliminary drafts should not be stored into the EDMS. 4. City Clerk Staff is responsible for converting and storing all permanent City records into the EDMS. C. Scanning of Paper Original Records 1. Scanned images shall be a true copy of archival quality. 4 2. City Clerk Staff shall be the only staff scanning permanent documents into the EDMS. 3. Files that contain confidential/attorney client privileged documents must be scanned and filed separately from the public documents within that file. A `Confidential/Attorney Client Privilege' folder must be created and the documents must be scanned into that folder with limited access to assigned staff. This will ensure confidential documents are not released to the public during review of an electronic document. Attorney/Client Privilege folders are created for each department and are defined accessible to that particular folder. 4. City Clerk Staff shall check the scans for legibility, readability, completeness, page counts and confirm that document pages were scanned in the proper sequence, and re-scan poor quality images and missing pages, and correct page sequencing if necessary. The number of pages shall be written on the outside of the paper file/document to ensure the original document pages matches the pages electronically scanned. Blank pages shall not be included in the scanning process. 5. Documents shall be imaged in a method that ensures they are reproducible in their original form matching both size and color. In most cases, solid color paper such as invoices shall be scanned in black and white. Any use of highlighting, or color descriptors shall be scanned in color. 6. Notes and annotations deemed significant must be retained pursuant to federal law, state law, or the City's current Records Retention and Destruction Resolution, shall be scanned and managed as a part of the electronic record. a) Loose notes to be included in the scanned document will be placed in order at the back of the document before scanning. b) Any page containing sticky or otherwise attached note(s) will be copied with the notes in place. Before scanning, a photocopy of the page with the note(s) in place will be made, and then scanned with the notes removed from the original document. In this way, the City will retain both a clean copy of the document, and a copy of the page with note(s) in place. 7. Staff may employ a digitized record enhancement technique which is commonly used in scanning software, including but not limited to deskew, despeckle, crop, and rotate; provided, however, that staff shall not use an enhancement technique if it alters the content that exists in an original record. 8. An electronic sticky note shall be utilized to describe any discrepancies with original copies such as: • Dark photocopies — Original copy dark and unreadable. 5 • Light ink on photocopies — Original ink light and unreadable. • Crooked photocopies — Original photocopy crooked. • Missing pages — Original document missing pages. 9. All pages shall be rotated right side up for viewing purposes. 10. As transferred documents are scanned the box shall be marked with provided color coding stickers representing the following: green/Large Maps Scannea Red/Quality Checked D. Naming electronic documents. Naming conventions are critical and must be followed to ensure document consistency and accuracy. All electronic documents shall be named. E. Indexing A template will be used to gather the relevant information about each record. The indexed information will be used to facilitate document search and sort capabilities. 1. The information attached to each record shall include at least its subject name. 2. City Clerk Staff shall input the information required for each record unless otherwise directed by the City Clerk or Records Manager. F. Optical Character Recognition 1. Optical Character Recognition (OCR) will be performed on every predominantly text -based document scanned into the EDMS. G. Volume New documents shall be scanned into their assigned department Laserfiche volume. H. Quality Control and Assurance 1. Imaged records will be verified as accurate and complete before finalizing their placement in the EDMS . City Clerk Staff shall review and verify that each image of each page of the record is a true and accurate copy of the original record that can be reproduced from the electronic record with full legibility, and that the indexing is accurate. Images shall be checked for document name, legible images, paper size scanned, the number of pages, blank pages, and page rotation. 2. Staff shall not quality check their own scans. Scans shall be quality checked by a staff person other than the staff member who originally scanned the electronic document. 3. Poor quality images shall be rescanned. If an accurate and fully legible electronic record cannot be made from the original paper record, then the electronic record shall be noted utilizing an electronic sticky note as referenced in scanning section above. The original paper record shall be 6 retained and appropriately filed so that it is preserved. The electronic record shall be appropriately tagged in the EDMS to indicate the file location of the paper original. 4. Documents that do not pass the quality checking process shall be returned for scanning and returned to quality checking after corrections have been made. Documents needing corrections shall be pointed out by sticky note and page number of document requiring correction. 5. Once the box of documents pass the quality checking stage, the box shall be staged in the Records Managers Office for final preparation. A florescent green `FOR DESTRUCTION' sticker shall be placed above the box barcode and the barcode number shall be added to the working destruction lists and staged offsite for the approved yearly destruction. The boxes of documents are destroyed upon yearly destruction approval. Paper Record Destruction 1. All scanned documents shall be retained until the digitized image and indexing is verified as accurate and complete. (See above "Quality Control and Assurance"). 2. Once the digitized image and indexing are verified as accurate and complete, and that the document can be reproduced with full legibility, the paper record may be destroyed with the consent of the Department Head and the City Clerk, which consent shall be in writing utilizing the Authorization to Destroy Paper Records After Imaging & Storing in the EDMS, however: a) No paper record designated as a vital and/or historical record shall be destroyed. The City Clerk, in consultation with the City Attorney's office, shall identify those classes of records that are vital and/or historical records. Vital and/or historical records, at a minimum, shall include: (1) Minutes of the meeting of any legislative body of the City; (2) City Ordinances; (3) Resolutions of any legislative body of the City; (4) Records affecting the title to real property or liens, including any record recorded with the Riverside County Recorder's office. b) No page of a paper record that has been scanned and stored in the EDMS shall be destroyed if any page cannot be reproduced with full legibility. Every irreproducible page shall be permanently preserved in a manner that will afford easy reference. J. Destruction of Records after Reproduction: In accordance with Government Code Section 34090.5, the City may without written approval of the City Council or the written approval of the City Attorney, cause the public record/document to be destroyed, if all of the following conditions are met: 1. The public record, paper, or document is photographed, microphotographed, reproduced by electronically recorded video images on magnetic surfaces, recorded in the electronic data processing system, recorded on optical disk, reproduced on film or any other medium that is a trusted system and that does not permit additions, deletions, or changes to the original document, or reproduced on film, optical disk, or any other medium in compliance with Government Code Section 12168.7 for recording of permanent records or nonpermanent records; 2. The device used to reproduce the public record, paper, or document on film, optical disk, or any other medium is one which accurately and legibly reproduces the original thereof in all details and that does not permit additions, deletions, or changes to the original document text and images; 3. The photographs, microphotographs, or other reproductions on film, optical disk, or any other medium are made as accessible for public reference as the original records were; 4. A true copy of archival quality of the film, optical disk, or any other medium reproductions shall be kept in a safe and separate place for security purposes; 5. No page of any public record, paper, document or and part thereof, shall be destroyed if any page cannot be reproduced with full legibility. Every page that cannot be satisfactorily reproduced shall be permanently preserved in the same manner as a similar public record; 6. Every reproduction shall be deemed to be an original record and a transcript, exemplification, or certified copy of any reproduction shall be deemed to be a transcript, exemplification, or certified copy of the original; 7 The Custodian of Records shall cause a declaration to be prepared for the reproduction of an original public record contemplated to be destroyed that states with respect to the reproduced record that: a) The reproduced record has been destroyed prior to destruction; b) The reproduction is a true and correct copy of the original document; 8 c) The reproduction was made under the direction or control of a City Director or Records Manager; and d) The reproduction went through the quality control process; 8. The declaration shall be contained within the image or array of images of the reproduction and shall be signed by the City employee responsible for supervision of the reproduction; 9. If reproduction of the original public record is made and preserved, and if the necessary declaration is completed as set forth above, the original public record may be destroyed without reference to the retention periods set forth in these regulations and the Records Retention Schedule; and 10. Compliance with these procedures ensures that every reproduction is deemed an original record. VI. Procedure for Storing Electronically Originated Records in EDMS A. City records that exist electronically may be stored in the EDMS if they can be converted electronically to TIFF Group IV format. 1. Conversion should be performed with a minimum 300 DPI and adjusted higher on an individual record basis to provide accurate and complete reproduction. For image files in other formats, such as JPEG, BMP, or GIF, the resolution should be adjusted to closely match the DPI of the original image file. 2. Conversion, using Snapshot or another approved program, may be performed. 3. If an electronic record cannot be converted to TIFF Group IV format, such records should be printed and the instructions followed for converting and storing a paper record. 4. If electronic submissions for maps, design plans, or other architectural drawings will be accepted from the public with the intent of storing the record in the EDMS, such submissions shall be of the highest possible resolution and quality in Adobe Acrobat PDF format, with a minimum 400 DPI. B. Records that do not have a permanent retention shall not be scanned and placed in the EDMS. Unless a draft is being retained as a City record, preliminary drafts should not be stored into the EDMS. C. City Clerk Staff is responsible for converting and storing permanent records and indexing that department's electronic records into the EDMS. The information attached to each record through indexing will include at least its name, date, and retention period. D. Optical Character Recognition Optical Character Recognition (OCR) will be 9 performed on every predominantly text -based electronic document converted and stored into the EDMS. E. Quality Control and Assurance Once an electronic record is converted and stored in the EDMS, City Clerk Staff shall review and verify that each image of each page of the record is a true and accurate copy of the original electronic record that can be reproduced from the EDMS record with full legibility, and that the indexing is accurate. F. Duplicates Stored on City Server Once an electronic record is converted and stored in the EDMS, the electronic record on the City's server may be deleted as a duplicate. VII. System Configuration and Backup Technology A. User Access 1. The EDMS resides on a dedicated server within the City's secure network. The Records Manager or the IT Specialist is responsible for granting user rights to access the EDMS . Access will be assigned using granular permissions based on a user's role within the organization. User roles include: a) IT Specialist: only with the permission or absence of the Records Manager, assign user permissions to view, search, add, edit, delete and print information. b) Records Manager: assigns user permissions to view, search, add, edit, delete and print information. c) Department Representative: view, search, print information. d) Scanning Technician: view, search, add, print and enter template information. e) User: view, search and print only. 2. Employees shall only access the system using their assigned login and password. Log in names and passwords are assigned by the Records Manager via Information Technology. Access rights, permissions, and security shall be linked to an individual user's login and password. Employees must read and understand the City of Temecula's document imaging policies prior to using the EDMS. 3. All imaged documents reflect a creation date, modification date and name of staff person who created or last modified the document. B. Image Format and File Compression 1. File Format In compliance with Al IM Guidelines Section 5.4.1.4, the EDMS will use Tagged Image File Format (TIFF) ITU Group 4, with no proprietary header information, for records stored in the EDMS. The 10 EDMS will allow users with proper security privileges to convert the TIFF images into PDF/A file format when needed. Images exported from the EDMS will be non -modifiable. 2. Document Image Compression In compliance with AIIM Guidelines Section 5.4.2.4, the EDMS will use lossless image compression technology supporting ITU TIFF Group 4, ensuring the document quality is not compromised through compression. 3. Resolution The minimum resolution level for standard business documents shall be 300 DPI/PPI. Where image files in other formats, such as JPEG, BMP, or GIF, are converted to TIFF, the resolution shall be adjusted to closely match the DPI of the original image file. C. C. Laserfiche Technology and Backup Procedures The City has selected Laserfiche as its EDMS. Laserfiche is an archive and retrieval system intended for storage and retrieval of final documents. All permanent imaged documents are secured by Laserfiche Audit Trail to maintain the security of imaged documents and monitor records for compliance. Backup CD's are utilized monthly which cannot be altered and provides equivalent archive and disaster recovery capabilities of microfilm. These policies establish the legal permissibility of records stored in Laserfiche and it is critical that this process is correctly followed. Permanent official documents should not be stored on any other type of software or retained on local or internal drives for full compliance. This will ensure the integrity of the records management program. Any exceptions to these policies must be approved in advance by the City Clerk or Records Manager. Any issues affecting databases or system integration will be referred to IT for their determination. 1. The Laserfiche System is comprised of three main components: the Laserfiche Application Server, the Database Server, and the File Server. See attached diagram. a) Laserfiche Application Server stores the application software for Laserfiche. b) Database Server stores the information relating to each TIFF image saved in Laserfiche. c) File Server stores the TIFF images of the electronic records. 2. Storage and Backup a) The File Server, with the stored TIFF images, is on a WORM storage device. In compliance with AIIM Guidelines Section 5.3.3(c), one copy of each electronic record is written to a backup WORM storage device, which does not permit unauthorized additions, deletions or changes to the original document. These 11 backup copies are stored and maintained in a secure off-site location. b) Backups of the Database Server will be completed in accordance with a schedule established by Information Technology, at least weekly, and stored off-site in a secure location. c) The Laserfiche Server does not need to be backed up, as it can be easily regenerated from the database and the backup volumes. 3. In compliance with AIIM Guidelines Section 5.3.3(a), the EDMS utilizes both hardware and media storage methodologies to prevent unauthorized additions, modifications or deletions during the approved record retention period of the stored information. a) TIFF images of electronic records are stored to a read-only WORM storage device. The security software includes password protection to prevent unauthorized deletion of any data and creates a database audit trail. b) Laserfiche Secure Recycle Bin (1) The EDMS shall be configured to use a Secure Recycle Bin in which deleted documents retain their original security. (2) Records placed in the Secure Recycle Bin may be reinstated or purged from the system. Only the Records Manager may perform these actions. 4. Laserfiche Audit Trail In compliance with AIIM Guidelines Section 5.3.3(b), the EDMS uses an independent audit process to ensure that there is no plausible way for electronically stored information to be modified, altered, or deleted during the approved record retention period of the stored information. a) The audit trail security system and encryption software prevents modifications; user access permitting modifications is limited and managed by audit trail security. (1) City Clerk Staff is authorized to delete or modify files during the scanning and quality control process. Explicit rights must be assigned by the Records Manager before a user is authorized to delete or modify files. (2) A record is made of any modifications made to the audit trail or to other electronic files. (3) The audit trail cannot be modified or tampered with by the 12 Systems Administrator. b) The audit trail shall be configured to track basic events in the repository that involve accessing, modifying or exporting data. Basic events include: (1) Login and logout (2) Creating, editing, printing or deleting documents (3) Creating, editing or deleting templates, fields and annotations (4) Adding security tags (5) Exporting documents, volumes or briefcases (6) Sending documents to the Recycling Bin What are the different components of Laserfiche architecture? Volume Storage Volume Storage Laserfiche Server Web Link ea. ti I/ AZ Web Access v Laserfiche Full -Text Indexing and Search (LFFTS) I/1 LF Client Workflow Database Management System (DBmS) The Laserfiche server is the key relay station. It acts like a traffic cop, transferring requests from the client/user applications to the database server and back to the client. In addition, some of the other things it does are: • Merges search results. • Determines the columns to display. • Checks user security. Laserfiche Full Text Search Service (LFFTS) It contains all of the searchable text. There is one LFFTS catalog per repository. Laserfiche SQL Database • Microsoft SQL Server 2008 R2 14 FORM A CITY OF TEMECULA Records Destruction Authorization In accordance with the City of Temecula Records Retention Schedule approved by City Council on [Month Day, Year] (CC Resolution No. ), the City records, documents, instruments, books or papers, described and listed above, have reached or exceeded the legal retention period, are permanently imaged, do not have a litigation hold, and are otherwise no longer required to be retained by the City. The department records are retained in accordance with applicable federal and state laws as set forth in the City of Temecula's current retention schedule. In accordance with the City's Records Management Program, with the consent of the Department Head, and upon written approval of the City Clerk and the City Attorney, these records will be properly destroyed or disposed of. RECORDS WITH A PERMANENT RETENTION: Authorization to destroy permanent records after imaging as listed on the current retention schedule: (Historical documents, vital records, documents involved in litigation or pending audit will not be destroyed). AI Imaging and indexing of these records have been quality checked; AI Images have been stored in the City's Imaging System; AI The imaged record becomes the official original record of the City and will be held in accordance of the City's Retention Schedule DEPARTMENT DIRECTOR APPROVAL: Signature Date City Manager Community Services Director Finance Director Director of Public Works/City Engineer Director of Community Development Senior Human Resources Analyst Deputy Director of Information Technology CITY ATTORNEY/CITY CLERK APPROVAL: Signature Date City Clerk City Attorney I hereby certify that the records described above have been destroyed in accordance with the City's current Retention Schedule. Records were destroyed by a third party vendor and the Certificate of Destruction is attached. DESTRUCTION COMPLETED BY: Signature Date Records Manager 15 Item No. 6 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: January 12, 2016 SUBJECT: Approve Annual Legislative Platform and Related Program Policy and Procedures for Calendar Year 2016 PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council approve the annual Legislative Platform and related program policy and procedures for calendar year 2016. BACKGROUND: On May 12, 2015, the City Council approved the City's first Legislative Platform ("Platform") and Legislative Program ("Program"). The Platform is a compilation of general and City -specific policy statements. The general policy statements reflect commonly -accepted positions on matters pertaining to local governance of cities in the State of California. The City -specific policy statements reflect positions that the City of Temecula has directly and collectively taken in the past. All policy statements in the Platform are consistent with the policies outlined in the City of Temecula's governing documents (i.e., General Plan, Specific Plan, Quality of Life Master Plan, Trails and Bikeways Master Plan, Youth Master Plan, etc.) The Program outlines a detailed and streamlined process through which the City Council, staff and the City's legislative advocates can act in a timely manner in response to legislative proposals. The Platform is adopted annually by the City Council at the beginning of each year and reflects legislative changes and positions taken in the prior year. The proposed changes reflecting actual positions taken in 2015 are redlined in the attached document for ease of reference. Additional legislation watched without specific position in 2015 include the following: SB 553 (Pan): Sales Tax Agreements, AB 857 (Perea): Clean Trucking Act, AB 2 (Alejo) Community Revitalization Authority, SB 107/AB 113 (Budget Committee): Redevelopment Dissolution and various proposals related to Medical Marijuana, Gas Tax, Indian Gaming, Tipping Fees, Water Conservation and Transportation. A clean version of the document will be distributed to the City Council, staff and state and federal lobbyists after final approval by the City Council. FISCAL IMPACT: None ATTACHMENTS: 1. 2016 Legislative Platform 2 Legislative Program Policies and Procedures 0 TE31]EC t� 4 1989 7//UNS • Ni uY�,p4 CITY OF TEMECULA 20166 STATE AND FEDERAL LEGISLATIVE PLATFORM Approved: May 12, 2015January 12, 2016 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. 2015 — Oppose AB 278 (Hernandez): District Based Elections) 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. (2015 — Support AB 288 (Holden): College and Career Access Partnerships) EMPLOYEE RELATIONS General Area of Review: Labor relations, employee relations and other matters related to human resources. 3 General Policy Statements: • 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 4 General Area of Review: Land use, development, annexation and incorporation, building standards, economic development, redevelopment and enterprise zones, mobile home and sign regulations. 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. 5 PUBLIC SAFETY 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. 6 • 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. • 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. 2015 — Oppose AB 718 (Chu): Vehicle Use for Human Habitation) • 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: 7 • 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. • 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. 8 • 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. • 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. (2015 — Support SB 16 (Beall): Transportation Funding) • 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 Purpose: CITY OF TEMECULA POLICY AND PROCEDURES FOR LEGISLATIVE PROGRAM The primary purpose of a Legislative Program is to coordinate and advance the City's legislative agenda to enhance its ability to govern and provide essential municipal and community services. The Legislative Platform is the mechanism through which the Legislative Program is administered. The Legislative Platform serves as a reference document for legislative positions providing guidance to the City Council, staff and the City's legislative advocates in considering legislative proposals introduced at the state and federal levels in a timely manner. Policy: The Legislative Platform contains general policy statements and City -specific policy statements. The general policy statements reflect commonly -accepted positions on matters pertaining to local governance of general law and charter cities in the State of California. The City -specific policy statements reflect positions that the City of Temecula has directly and collectively taken action on in the past. All policy statements in the Legislative Platform are consistent with the policies outlined in the City of Temecula's governing documents (i.e., General Plan, Specific Plan, Quality of Life Master Plan, Trails and Bikeways Master Plan, Youth Master Plan, etc.) Procedure: The Legislative Program ("Program") and Legislative Platform ("Platform") provide a streamlined process through which the City Council, staff and the City's legislative advocates can act in a timely manner in response to legislative proposals. The Platform also provides an opportunity to identify specific priority areas of interest for the City and region that would benefit the community. The Platform is adopted annually at the beginning of the legislative year. The Platform is developed and maintained using legislative positions taken by the City Council, a review of legislative priorities from the League of California Cities and National League of Cities, input from the City Council and staff, research of current law and pending legislation, and discussions with local legislative staff and the City's legislative advocates. Federal and state legislation consistent with the Platform may be supported by the City. Legislation inconsistent with the Platform may be opposed by the City. Positions taken by the City in addition to "Support "or "Oppose" may include "Support if Amended" and "Oppose Unless Amended". The City may also provide a letter of concern or interest without taking a formal position on a piece of legislation. Initial requests to take positions on legislative matters will be reviewed and approved by the City Manager. Approved requests that are consistent with the City's Platform will be coordinated for the Mayor's approval and signature. Requests that are inconsistent or silent in the City's Platform may be placed on an agenda for consideration by the City Council. In addition to coordinating formal action through the City Council, staff will administer the City's Legislative Program by generally performing the following functions: • Work with Department Directors and staff to identify matters of legislative importance and develop positions on federal and state legislative proposals and general matters of legislative interest. • Communicate matters of legislative importance to the City Council through periodic updates, and identify and coordinate positions for formal action by the City Council. • Review positions and analysis done by the League of California Cities, National League of Cities, legislative advocates, and local government/professional associations in formulating positions. • Monitor and track key bills through the legislative process utilizing the City's advocacy services, legislative websites, and government/professional associations. • Communicate the City's positions to federal, state, and county legislators. • Participate as needed in the drafting and amending of legislative proposals that significantly impact the City. • Work with the League of California Cities, National League of Cities, legislative advocates, other cities and local government/professional associations on legislative matters of mutual concern. • Participate and attend legislative briefings and meetings to actively engage and stay apprised of legislative trends and upcoming legislation. Item No. 7 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: January 12, 2016 SUBJECT: Approve Annual Boards and Commissions Handbook and Related Policy and Procedures for Calendar Year 2016 PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council approve the annual Boards and Commissions Handbook and related policy and procedures for calendar year 2016. BACKGROUND: The City Council first approved the Boards and Commissions Handbook on February 26, 1991. The handbook was subsequently amended on April 25, 2006 to include additional appointment guidelines. On December 9, 2014, the City Council approved a wholesale update to the handbook to reflect changes in the law, current practices and procedures, and the general role and authority of board and commission members. The handbook is brought to the City Council annually at the beginning of each year ensuring that the document remains current while providing the City Council with an opportunity to consider any additional changes that may be desired. The proposed changes are redlined in the attached document for ease of reference. A clean version of the document will be distributed electronically to the City Council, Board and Commission Members and staff after final approval by the City Council. FISCAL IMPACT: None ATTACHMENTS: Handbook City of Temecula Boards and Commissions Handbook Updated November 2Ol4January 12, 2016 TABLE OF CONTENTS Section 1 Letter of Welcome Section 2 Role & Authority Section 3 Policies and Procedures Section 4 Relevant Municipal Code Sections Section 5 AB 1234 Ethics Training Section 6 Statement of Economic Interest Section 7 ... Summary of Conflict of Interest Laws (CD) Section 8 Summary of Brown Act Laws (CD) Section 9 Summary of Public Records Laws (CD) Section 10 Resource List SECTION 1 JCity of Temecula 41000 Main Street • Temecula, CA 92590 Phone (951) 694-6444 • Fax (951) 694-6449 • www.cityoftemecula.org Dear Board or Commissioner Member: On behalf of the City Council and the citizens of Temecula, welcome to your new or continuing role in the community. The City of Temecula is fortunate to have dedicated citizens like you who are willing to share their experience and knowledge through service on a City board or commission. The mission statement for the City of Temecula reads as follows: "The mission of the City of Temecula is to maintain a safe, secure, clean, healthy, and orderly community; to balance the utilization of open space, parks, trail facilities, quality jobs, public transportation, diverse housing, and adequate infrastructure; and to enhance and revitalize historic areas. The City will encourage programs for all age groups, utilize its human resources, and preserve its natural resources while stimulating technology, promoting commerce, and utilizing sound fiscal policy. It is the City Council's resolve that this mission will instil a sense of pride and accomplishment in its citizens and that the City will be known as a progressive, innovative, balanced, and environmentally sensitive community." As a board or commission member, you will play an important role in the achievement of this mission. Your ideas and advice on a variety of City issues will assist the City Council in fulfilling its responsibilities to our citizens. In addition, your service will give you an opportunity to increase your knowledge about municipal government operations and you will see the results of your work with fellow members put into action by the City Council, City Manager and City departments. Thank you for accepting this responsibility and challenge. Your service to our community is greatly appreciated. We hope that you will find your service as a board or commission to be both enjoyable and rewarding. Sincerely, Mike Naggar Mayor SECTION 2 THE COMMISSIONER'S ROLE AND AUTHORITY The primary role of the City boards and commissions is to encourage increased public input and citizen participation in the determination of City policies and procedures. City boards and commissions are not involved in the administration or operation of City departments. Board and commission members may not direct administrative staff to initiate programs, conduct major studies, or establish official policy without the approval of the City Council. However, City staff members are available to provide general staff assistance to boards and commissions. Despite boards and commissions differing tasks, all share some basic responsibilities. Members need to stay informed on subjects of interest to their specific board or commission. The City Council of the City of Temecula encourages and provides opportunities for continuing education to assist the members of City boards and commissions in the conduct of their duties. Conscientious attendance is also a fundamental responsibility, as irregular attendance lessens one's ability to study all aspects of items under consideration. Three unexcused, consecutive absences constitute a vacancy of office. Upon appointment to a board or commission, staff from the City Clerk's department will provide a formalized orientation to provide a thorough review of the Boards and Commissions Handbook; including the Brown Act and conflicts of interest. A more detailed orientation related to specific board and commission issues will be addressed by the lead department. Each member of a board or commission is encouraged to: • Occasionally attend City Council meetings • Attend another board or commission meeting to better understand roles and develop relationships • Make presentations at board or commission meetings • Participate in subcommittee opportunities • Participate in a board or commission self-assessment once a year All members are expected to regularly attend their respective board or commission meetings, and attend and support City special events. Community Services Commissioners are also expected to regularly visit all park sites and City facilities being mindful of their intended service to the public. CS Commissioners are encouraged to be engaged with a "license to be creative". Planning Commissioners are also expected to have a firm understanding of the City's General Plan, the Zoning Code, and Standard Conditions of Approval. They are encouraged to visit properties that have submitted applications or are pending review. Planning Commissioners need to disclose their visits and observations at the public hearing on the matter in order so that the applicant has the opportunity to comment on whatever the Planning Commissioner may have observed. Old Town Local Review Board Members are also expected to have an understanding of the General Plan, as well as the Old Town Specific Plan, be familiar with the history of Old Town and regularly visit Old Town facilities. Public/Traffic Safety Commissioners are also expected to exercise vigilance for traffic/safety hazards and reporting of graffiti; be proactive with respect to public safety and emergency management; become familiar with neighborhoods and communities; occasionally volunteer at DUI check points; and perform periodic inspections of and visits to City facilities. Incoming board and commissioner members are encouraged to utilize the following checklist in their first year of service to help them get more acquainted with the City, its values, operational structure, and their board or commission's primary area of focus: AH Board or Commission Members: ✓ Attend at least four City Council Meetings 1 Attend City Sponsored Special Events (i.e., Fourth of July Parade/Fireworks Celebration, Holiday Parade, Ribbon Cuttings/Dedication Ceremonies, etc.) 1 Meet with the City Council Commission/Board Liaison to Review Role and Expectations 1 Meet with the City Manager and/or Assistant City Manager to Review current City Priorities ✓ Meet with the City Clerk and/or Designee to Review Disclosure Filing and Ethics Training Requirements ✓ Attend an HOA Meeting ✓ Visit the Saturday Morning Old Town Farmer's Market Community Services Commission: ✓ Visit each of the City's Park Sites ✓ Visit each of the City's Community Service Facilities Planning Commission 1 Attend a City Council Meeting that Includes an Item Pertaining to Planning Commission Review ✓ Visit a development project approved within the past two years to review how the Conditions of Approval are being implemented and report back to the Commission Old Town Local Review Board 1 Attend Two or More Old Town Temecula Association (OTTA) Meetings ✓ Visit the Temecula History Museum ✓ Attend a Planning Commission Meeting that Includes an Item Pertaining to Old Town Public/Traffic Safety ✓ Observe a DUI check point ✓ Visit each Fire Station ✓ Visit the Southwest Justice Center 1 Visit Each Police Storefront/Substation 2 RULES AND REGULATIONS FOR CITIZEN MEMBERS It is not appropriate for individual members to present their personal views or recommendations as representing the board or commission unless such body has voted to approve such action. Members expressing views not approved by the majority of the board or commission should indicate their opinions are viewed as "private citizens." Individual opinions must be identified as such. Public statements should not include promises that may be construed to be binding on the Committee, City Council, or City staff. When making a public statement, members should indicate that board or commission actions are recommendations and that final action will be taken by the City Council. Planning Commissioners should not express any views on projects that will come before the Planning Commission. The Planning Commission must provide due process for the applicants and this requires that Planning Commissions not express any bias or views on a project until all of the information on a project is presented to the Planning Commission at the public hearing and the applicant and the public have expressed their views on the project. Board or commission members may be selected on the basis of representing defined groups; however, each member should represent the overall "public good" and not an exclusive group or special interest. GUIDELINES, QUALITIES, AND ATTRIBUTES OF AN EFFECTIVE BOARD OR COMMISSION MEMBER • Be an informed citizen (knowledgeable about local affairs). • Have a good rapport with citizens. • Have a genuine concern for the community as a whole. • Be a good listener. • Relate well to other people, including other board or commission members. The success or failure of board or commission efforts may be dependent upon the degree of cooperation evident among the individual members of the body. • Serve in another capacity prior to board or commission service (i.e. volunteer groups, non-profit organizations, service clubs, etc.) • Have the ability to accept decisions not of one's own personal view if that is the will of the majority. • In addition, each member should keep in mind these important points: " Show respect for another's viewpoint. • Allow others adequate time to fully present their views before making comments. • Be open and honest. 3 Make new members welcome and help them become acquainted with their duties. " Strive to minimize political action among members. ROLE. AUTHORITY. AND STAFFING OF BOARDS AND COMMISSIONS The City Council is empowered to establish boards and commissions and to appoint members to assist the City Council in the conduct of City business. Members usually represent a cross-section of the community. No member of any board or commission shall be a City employee, nor shall any person be a member of more than one board or commission at any one time. The primary role of any City board or commission member is to review and make recommendations to the City Council on matters within their scope of responsibility and to promote increased public input and citizen participation in the determination of City policies and program implementation. Annually, oras needed, the City Council will invite each board or commission, as a body, to attend a regularly scheduled City Council meeting so the full City Council can share their charge and expectations of the board or commission for the coming year. The specific role of City boards and commissions is to serve in an advisory capacity to the City Council, focusing attention on specific program areas of the City. The City Council may authorize certain "Commissions" to take final actions in prescribed areas. For example, the Planning Commission is authorized to grant final approval of certain projects and is required to provide a recommendation to the City Council on other projects. In addition, staff may bring various projects to a board or commission for their review before taking that matter to the City Council for final approval. Boards and commissions serve as a principal reviewing body for specific matters referred to them by the City Council. All decisions, however, are subject to review by the City Council. Board and commission members are empowered by an appointment of the City Council and should represent the general interest of the City as whole and not specific program areas and their special interest groups. The City Council will appoint one Council Member to serve as Council Liaison to a particular board or commission. This Council person will be available to the board and commission members for individual consultation throughout the year. The Council liaison will attend at least one board or commission meeting annually to provide the board or commission opportunity to seek Council Liaison direction as a sitting body. Appointments and Removals Chapter 2.40.050 of the Temecula Municipal Code, City Commissions Generally provides that appointments are subject to the approval of a majority of the City Council. A majority of the City Council may remove an appointee for good cause. The following guidelines may be used in the appointment of board and commission members: 4 • Formal interview process with the Mayor and Council Liaison with standard core questions for both new candidates and incumbents. • Letters of recommendation and/or references with the application process are encouraged. • The Council Liaison will be encouraged to attend board or commission meetings to develop an overview of the incumbent board or commission member's performance. • Absentee record of all board or commission members will become part of the incumbent performance review, with the understanding that if three absences occur within a 12 month period, the Council Liaison to that board or commission will be notified for further review. If these absences are not acceptable to the Council Liaison, a recommendation to the City Council will be made by the liaison for removal from the board or commission. This is in addition to the existing ordinance which stipulates that should any board or commission member be absent from any three consecutive meetings of the commission, without excuse acceptable to the City Council, that member shall vacate his or her seat on the commission. Additional guidelines for consideration of candidates who have served two full terms and apply for subsequent terms. Consideration of these candidates will be given only under the following guidelines: • The incumbent shall have served as Chair or Vice -Chair of their respective Board or Commission. • The incumbent shall have served on at least one sub -committee, or special project, of their respective Board or Commission. Rules of Procedure/Bv-Laws Rules of procedure or by-laws for the proper conduct of business should be adopted. Oraanization and Officers As set forth in the by-laws, there shall be an annual election of a chairperson and vice - chairperson. The position of chairperson and vice -chairperson should be rotated among members on an annual basis. The Chairperson The Chairperson is the key to the entire group process. The Chairperson must balance being strong enough to make certain the meeting is conducted in an orderly fashion and democratic enough to use the power and authority of the position wisely. The Chairperson's ability to handle meetings will have a significant impact on morale, operation, and effectiveness. The Chairperson must make sure that discussions do not get sidetracked on minor issues and must have the ability to see the "whole picture". The most important duty of the Chairperson lies in his/her ability to find a common ground and achieve workable compromises if appropriate. The Chairperson must be able to represent the entire group to the City Council and community groups. 5 Minutes Minutes shall be taken for all board and commission meetings. The Council has provided that these minutes shall be "action minutes" and not "verbatim" which briefly describe the issues and actions taken. Minority opinions of members may also be recorded in the minutes if desired. Comments by all members on every agenda item cannot practicably be included in the minutes. Also, members abstaining for legal conflict of interest requirements are required to state their reason for recordation in the minutes. Minutes must be approved at a subsequent meeting and then become part of the City's official records in the office of the City Clerk. Development and Review of Board and Commission Goals and Department Policies The City of Temecula prepares and operates on an annual budget cycle. Boards and commissions are encouraged to annually review and comment on department programs and capital projects that may be related to their scope of interest. This evaluation is intended to focus attention on the overall program and service priorities and board and commission objectives; and is not intended to be an evaluation of the administration or operation of City departments. Involvement in Administrative Matters Boards and commissions should not become involved in the administrative or operational matters of City departments unless specifically provided in the prescribed powers and duties. Members may not direct staff to initiate major programs, conduct Targe studies or establish department policy without approval of the City Council. City staff assigned to furnish staff services shall be available to provide general staff assistance, such as preparation of agenda materials, general review of department programs and activities, to perform limited studies, program reviews and other services of a general staff nature. Boards and commissions may not establish department work programs or determine department program priorities unless specifically authorized in their prescribed powers and duties. The responsibility for setting policy and allocating City resources rests properly with the City's duly elected representatives, the City Council, and cannot be delegated to an outside group, however capable and interested it might be. Communication with the City Council To avoid possible compromising situations, during a City Council meeting the invitation to individual board or commission members to address the Council on matters relating to their official capacity rests solely with the City Council. It should be emphasized that when asked to address the Council on a matter, the member should represent the viewpoint of the board or commission as a whole (not a personal opinion); unless a proper qualification is made. Workina with Other Members Members should make every effort to uphold their reputation for honesty, fairness, and openness with the citizens of the community. Each group will undoubtedly consist of diverse personalities; it is important that the board or commission work together to accomplish common goals. 6 Working with Staff Board or commission members are individually appointed by the City Council. City staff assigned to work with the groups report to the City Manager, who in turn, reports to the City Council. A department director or administrator usually arranges staff support for each group. If a board or commission member wishes to initiate a project that requires in depth staff involvement, it is necessary for the project to be placed on the board or commission agenda for discussion and recommendation to the City Council that the project be authorized. Staff may begin preparing the necessary reports and studies after the City Council has authorized the project. Providing in depth staff support may require operational adjustments. Members are encouraged to be cognizant of the time involved on the part of staff in preparing requested studies and reports. Individuals should make every attempt to clarify differences and make certain that clear communication is taking place. The public meeting should not be used to express anger or disagreement. If differences cannot be resolved by this method, the Councilmember serving as Board or Commission Liaison and/or City Manager should be consulted to resolve the matter. Staff Reports to Council on Board or Commission Actions On occasion, staff will be required to prepare an agenda report on either a board or commission action or appeal for City Council review. The staff member should present both the staff position and the board or commission's position in the report. The majority and minority viewpoints of the board or commission members should also be presented in the staff report. It is the desire of the City Council to have an opportunity to hear and consider all sides of an issue and alternative recommendations to assist in their decision-making process. Procedure for Handling Public or Appeal Hearings In some instances, commissions will have to conduct a public hearing, either on a major issue of concern to the community or on a permit application or appeal of a staff decision. It is recommended that the procedure established by the City Attorney be followed at all times during the conduct of these types of hearings. Legal Assistance Some boards or commissions require the presence of a City Attorney. When there is doubt concerning the legality of an issue, the attorney should advise members as to the legality of the proposed action. Great care must be taken in the maintenance of records of the proceedings. The direction of the City Attorney should be followed closely. When in doubt about the legality of a procedure, the board or commission should refrain 7 from additional discussion and decision making until the legal opinion is rendered. If necessary, a hearing may be continued until matters can be clarified. The attorney must control the circumstances surrounding a particular matter since he/she may be required to defend the action in court. Council Review of Action Most actions and recommendations of boards or commissions may be appealed to the City Council for review and approval. Certain actions are final with the commission with no right of appeal. Public Appearance of Members When a board or commission member appears in a non -official, non -representative capacity before any public or private body, the member shall not identify or disclose his/her membership on a board or commission. If a question of membership arises, the member shall indicate that he/she is appealing and speaking only as an individual. There are significant legal restrictions on the ability of a board or commission member to appear before any board or commission of the City, and particularly his or her own board or commission. The City Attorney should be consulted in advance of any such appearance. Members should take particular care to comply with provisions of the Brown Act that govems open public meetings. While the staff provides the appropriate notice and agendas for board and commission meetings, individual members need to be careful that they do not discuss City business with other board or commission members, either together or one at at time, outside of a properly noticed public meeting. A summary of the major provisions and requirements of the Ralph M. Brown Act is included in this handbook. Board or Commission Members Runnina for Elective Office Members of the City's boards or commissions shall be permitted to retain membership on such appointive bodies while seeking any elective office. Members of appointive bodies shall not, however, use the meetings, functions or activities of such bodies for purposes of campaigning for elective office. There are also significant conflict of interest rules relating to campaign contributions to a board or commission member who is running for any elective office. Unlike members of the City Council, campaign contributions to board or commission members are considered as income and the conflict of interest rules apply to any board or commission actions involving a campaign contributor. These rules are described in the Conflict of Interest Handbook and the City Attorney should be consulted by any board or commission member who decides to run for any elective office. Board or Commission Positions on Ballot Proposals and Leaislation Boards and commissions may review and make recommendations to the City Council on ballot proposals and legislation. The City Council shall review all such recommendations. Board or commission members shall only represent the majority position of the City Council on such matters unless speaking as an individual or indicating a minority opinion. 8 SECTION 3 Purpose: CITY OF TEMECULA City Clerk's Office PROCEDURES FOR BOARDS AND COMMISSIONS The City of Temecula has one board (Old Town Local Review Board) and three commissions (Community Services Commission, Planning Commission, and Public/Traffic Safety Commission). The Municipal Code of the City of Temecula contains general provisions which govern the City's commissions. Chapter 2.40 is City Commissions and relates to the Planning Commission, Chapter 2.44 is Public/Traffic Commission, and Chapter 2.48 is Community Services Commission. The Planning Commission is also subject to statutory provisions pursuant to law. This document generally governs the City Clerk's office procedures regarding boards and commissions. 1. COMMUNITY SERVICES COMMISSION • The Community Services Commission meets on the second Monday of each month. The meetings are held at 6:00 PM in the Council Chambers at City Hall. The Community Services Commission reviews and makes recommendations to the City Council concerning the Parks and Recreation Element of the General Plan and works with the Temecula School District, other City Departments, and community groups to provide parks and recreation services and programs for the community. Members of this commission are required to be a resident of the City of Temecula and a registered voter. The terms are three years each with staggering expiration dates. 2. PLANNING COMMISSION • The Planning Commission meets on the first and third Wednesday of each month. The meetings are held at 6:00 PM in the Council Chambers at City Hall. The Planning Commission serves as the designated planning agency for the City of Temecula and considers current planning matters such as subdivisions, specific plans, zone changes, plot plans and conducts public hearings as required by law. The Commission is also charged with preparation of the General Plan of the City and advising the City Council on all matters concerning City planning. Members of this commission are required to be a resident of the City of Temecula and a registered voter. The terms are three years each with staggering expiration dates. 3. PUBLIC/TRAFFIC SAFETY COMMISSION • The Public/Traffic Safety Commission meets on the fourth Thursday of each month. The meetings are held at 6:00 PM in the Council Chambers at City Hall. The Public/Traffic Safety Commission makes recommendations to the City Council on traffic matters within the City such as speed zones, stop signs and signals, pavement markings, traffic design and engineering. The Commission also recommends traffic enforcement measures and 1 coordinates City activities with the CHP, Sheriff, County Road Department, and other regional traffic management and planning agencies. In addition, the commission makes recommendations to the City Council concerning law enforcement, fire suppression and prevention, and disaster planning for the City of Temecula. Members of this commission are required to be a resident of the City of Temecula and a registered voter. The terms are three years each with staggering expiration dates. 4. OLD TOWN LOCAL REVIEW BOARD • The Old Town Local Review Board meets on the second Monday of each month. The meetings are held at 9:00 AM in the Great Oak Conference Room at City Hall. The Old Town Local Review Board is established by the Old Town Specific Plan and has responsibility for serving as an advisory resource to all agencies of the City in matters pertaining to the historic significance and related architectural themes of the historic district. The board is also charged with encouraging public understanding and appreciation of the unique architectural, environmental, and cultural heritage of the district through educational and interpretive programs. Members of this board are required to be a registered voter. The terms are three years each with staggering expiration dates. 5. APPOINTMENT OF BOARD AND COMMISSION MEMBERS • The City Council is the appointing body for the City's board and commissions. When a vacancy occurs, whether it is by expiration of term, resignation or other circumstance, the City Council shall fill that vacancy through appointment. o Scheduled Vacancy - Three months prior to a board or commission term expiring, a notice shall be published in a local newspaper of general circulation and posted at the City's designated posting locations (Temecula Library, Chamber of Commerce and Civic Center) pursuant to the Government Code. In addition, the vacancy shall be advertised on the City's website and PEG Channel. Flyers shall be available in the City Hall lobby and distributed at various City -affiliated events. Email lists, such as Constant Contact, press releases and social media shall also be used to promote the vacancy. o Unscheduled Vacancy - In the event of an unscheduled vacancy, occurring by resignation or other circumstance, the "Special Notice of Vacancy" shall be immediately posted and published pursuant to Government Code 54974. In addition, the unscheduled vacancy shall be advertised utilizing the same methods as identified above for scheduled vacancies. • Unless otherwise indicated, a vacancy shall be advertised for no less than a thirty (30) day period from the date of publication. • If multiple vacancies occur on a board or commission within sixty (60) days of one another, the City Council may at its discretion consider those vacancies jointly without readvertisement. • The City Clerk shall provide incumbent commission member(s) with a notification letter advising of the upcoming expiration and inviting them to reapply. 2 • Applications received will be processed in the following manner: o Completed applications shall be submitted on the Application for Commission and Board Appointment, which will be available and accepted in the City Clerk's Office until the closing date as indicated on the notice. o The City Clerk will provide a non -redacted set of qualified applications to the subcommittee of two council members, consisting of the mayor and the commission liaison for that particular commission, identifying the dates the recommendation is due and the City Council meeting at which the appointment will be considered. A non -redacted courtesy copy of all applications shall also be sent to the entire City Council. The subcommittee may conduct applicant interviews as they deem appropriate. The recommendation of the ad hoc subcommittee is then presented as an agenda item at a City Council Meeting where a majority vote is required for appointment. o The general timeline for scheduled vacancies is as follows: June Vacancy March 1st April 1st May 1st May June Notice of Vacancy is Posted, Published and Advertised Application Packet to Subcommittee for Recommendation Recommendation Received from City Council Recommendation Considered/Appointment Made at 2nd City Council Meeting in May New Board or Commission Member Seated at Board/Commission Meeting Following Expiration of Prior Term October Vacancy July 1st August 1st September 1st September October Notice of Vacancy is Posted, Published and Advertised Application Packet to Subcommittee for Recommendation Recommendation Received from City Council Recommendation Considered/Appointment Made at 2nd City Council Meeting in September New Board or Commission Member Seated at Board/Commission Meeting Following Expiration of Prior Term ■ After the appointment is made, the City Clerk shall send a congratulatory letter to the new member(s) and coordinate new member orientation. The City Clerk shall also send a letter to the unsuccessful applicants notifying them of the appointment and inviting them to reapply for future vacancies. The City Clerk shall swear in the new member(s) at the next regularly scheduled board or commission, present a Certificate of Appointment and have the new member(s) sign an Oath of Affirmation. • If an incumbent applies and is not reappointed, the City Clerk shall send a letter to the unsuccessful incumbent notifying them of the new appointment and inviting them to the next regularly scheduled City Council meeting for presentation of a Certificate of Appreciation thanking them for their service to the City. If desired, the Certificate of Appreciation may also be mailed to the incumbent. 3 6. ORIENTATION OF NEW BOARD OR COMMISSION MEMBERS • Each new board or commission member shall receive a new member orientation. The orientation shall be coordinated through the City Clerk and include the following: o City Manager / City Council — Welcome on Behalf of the City and City Council o City Clerk — General Review of Commission Handbook, Review and Completion of Statement of Economic Interests (Form 700), Review of AB 1234 Ethics Training Requirements o Human Resources — Review and Completion of Personnel -Related Materials o City Department for Board/Commission — Introduction to Relevant Staff Members, Overview of Meetings and Board/Commission Makeup, Review of Pending Topics that Fall Under the General Jurisdiction of the Specific Board or Commission 7. REMOVAL OF BOARD AND COMMISSION MEMBERS • The City's Municipal Code, specifically Section 2.40.050, govems the removal process for any board or commission member and specifically states that a majority of the City Council may remove an appointee for good cause. In addition, under Section 2.40.090, a position is declared vacant when a member is absent from three consecutive meetings without excuse. 8. ANNUAL POSTING OF COMMISSIONERS • Pursuant to Government Code Section 54972 (Maddy Act), on or before December 31 of each year, the City Clerk's office shall prepare and post the Local Appointments List. The list shall be posted on the City Hall posting board and on the City's website. The list shall be periodically updated to reflect the appointment of new board and commission members. 9. TRAINING FOR BOARD AND COMMISSION MEMBERS • From time to time the City Clerk shall coordinate a citywide boards and commissions training in conjunction with the City Council, City Manager, City Attorney and Department Directors who serve as liaisons to the respective board and commissions. The training may cover a variety of topics, including but not limited to, the Commission Handbook, AB 1234 ethics training, conflicts of interest, Brown Act, and board and commission member roles. The training shall be noticed pursuant to the Brown Act. 10. RECOGNITION OF BOARD AND COMMISSION MEMBERS • The City Clerk's office shall coordinate an annual recognition event for board and commission members. Typically, the event shall occur in October and be held at the Conference Center. Procedure No.: 014 1 Last Revised: Nevember 2014 January 2016 4 SECTION 4 RELEVANT MUNICIPAL CODE SECTIONS !Current as of NovernbeF-2014January 2016) Chapter 2.40 CITY COMMISSIONS GENERALLY 2.40.010 Commission established. There shall be established within the city a planning commission. For purposes of state planning law, the planning commission shall serve as the planning agency, unless another official or body is specifically designated to perform that function or make a particular decision as provided by ordinance of the city. Division of land use decisionmaking authority shall be as set forth in Ordinance No. 92-14. The city council may establish by ordinance and resolution such other commissions as it deems necessary. (Ord. 93-04 § 10: Ord. 90-02 § 1 (2.06.010)) 2.40.020 Number of members. Unless otherwise specifically provided, each commission shall consist of five members. (Ord. 90-02 § 1 (2.06.010)) 2.40.030 Qualifications. Unless otherwise specifically provided by law, or by ordinance or resolution of the city council, all members of commissions of the city shall, at all times during their incumbencies, be bona fide residents and registered voters of the city. No member of any commission shall be a city employee, nor shall any person be a member of more than one commission at any one time. (Ord. 96-08 § 2: Ord. 90-02 § 1 (2.06.030)) 2.40.040 Applications. The city clerk shall maintain all applications submitted to the city for commission positions for a period of two years. (Ord. 90-02 § 1 (2.06.040)) 2.40.050 Members—Appointment and removal. Members of each commission shall be nominated by an ad hoc committee of two council members subject to the approval of a majority of the city council. A majority of the council may remove an appointee for good cause. The chairperson and vice -chairperson of each commission shall be selected by a majority of the membership of that commission. (Ord. 2000-08 § 2: Ord. 90-02 § 1 (2.06.050)) 2.40.060 Term. The term of each commission member shall be three years with staggered terms. Initially, all five members may be selected at once. In order to achieve staggered terms, one member shall be appointed for a term of three years; two for terms of two years; and two for terms of one year; such terms to be determined by drawing lots. At the completion of any term, a commission member may be reappointed pursuant to the procedures set forth in Section 2.40.050. (Ord. 90-02 § 1 (2.06.060)) 2.40.070 Vacancies. If vacancies in any commission occur, other than by expiration of term, such vacancies shall be filled by appointment for the unexpired portion of the term. (Ord. 90-02 § 1 (2.06.070)) 2.40.080 Meetings/quorum. The city council shall establish meeting schedules for each commission by resolution. A quorum of three shall be required for the transaction of any business. (Ord. 90-02 § 1 (2.40.080)) 2.40.090 Absence from meetings. Should any commission member be absent from any three consecutive meetings of the commission, without excuse acceptable to the city council, that member shall vacate his or her seat on the commission. The vacancy shall be filled in the same manner as any other vacancy. (Ord. 90-02 § 1 (2.06.090)) 2.40.100 Compensation. City commissioners shall receive monthly compensation as follows: Planning commission $50.00/meeting attended Public traffic/safety 50.00/meeting attended commission Community services commission 50.00/meeting attended (Ord. 01-12 § 1: Ord. 01-11 § 1: Ord. 01-05 § 2, 2001: Ord. 99-09 § 1: Ord. 96-09 § 2: Ord. 90-02 § 1 (2.06.100)) Chapter 2.44 PUBLIC/TRAFFIC SAFETY COMMISSION 2.44.010 Established. Pursuant to Section 2.40.010, there is created an advisory commission to the city council which shall be known as the Temecula public/traffic safety commission. (Ord. 93-18 § 1 (12.01.010): Ord. 92-17 § 1 (12.01.010)) 2.44.020 Composition and membership. The public/traffic safety commission shall consist of five members appointed by the city council pursuant to Section 2.40.050. No officers or employees of the city or person under an employment contract subject to the jurisdiction of the city council shall be members of such commission. (Ord. 93-18 § 1 (12.01.020): Ord. 92-17 § 1 (12.01.020)) 2.44.030 Terms of office. Terms of office for public/traffic safety commissioners shall be three years with staggered terms. Initially, all five members may be selected at once. In order to achieve staggered terms, one member shall be appointed for a term of one year; two members for terms of two years; and two members for terms of one year, such terms to be determined by the drawing of lots. At the completion of any term a commission member may be reappointed pursuant to the procedures set forth in Section 2.40.050. (Ord. 93-18 § 1 (12.01.030): Ord. 92-17 § 1 (12.01-.030)) 2.44.040 Time and place of meetings. The public/traffic safety commission shall establish a regular date, time and place for commission meetings, which shall be open to the public. Such meetings shall occur no less frequently than once a month. (Ord. 93-18 § 1 (12.01.050):' Ord. 92-17 § 1 (12.01.050)) 2.44.050 Powers and duties. The public/traffic safety commission shall advise the city council on all matters subject to the jurisdiction of the council pertaining to the public and traffic safety. The duties of the public/traffic safety commission shall be established by resolution of the city council. (Ord. 93-18 § 1 (12.01.060): Ord. 92-17 § 1 (12.01.060)) 2.44.060 Public hearings. Whenever the commission determines, by a two-thirds majority of those members present, that its deliberations with respect to a particular matter or matters would be substantially aided by the presentation of testimony from the citizens of the city, or of a certain area of the city, the commission may direct a public hearing be held concerning such matter or matters. Notice of such a hearing shall be provided by publication in a newspaper of general circulation published in the city, and/or by posting the same in at least three public places, not later than seven days prior to the date of the hearing. Such hearings shall be conducted in accordance with the rules established for the conduct of hearings before the city council unless the council, by resolution, shall otherwise provide. (Ord. 93-18 § 1 (12.01.070): Ord. 92-17 § 1 (12.01.070)) 2.44.070 Staff assistance. The city manager shall ensure that adequate staff will be allocated to provide necessary technical and clerical assistance to the commission. (Ord. 93-18 § 1 (12.01.040): Ord. 92-17 § 1 (12.01.040)) Chapter 2.48 COMMUNITY SERVICES COMMISSION 2.48.010 Established. There is established a Temecula community services commission. (Ord. 93-06 § 1 (13.01.010): Ord. 90- 05§1(13.10.010)) 2.48.020 Time and place of meetings. The time and place of the meetings of the Temecula community services commission shall be established by resolution of the commission. (Ord. 93-06 § 1 (13.01.020): Ord. 90-05 § 1 (13.01.020)) 2.48.030 Powers and duties. The duties of the Temecula community services commission shall be established by resolution of the city council. (Ord. 93-06 § 1 (13.01.030): Ord. 90-05 § 1 (13.01.030)) SECTION 5 10,1 INSTITUTE FOR LOCAL GOVERNMENT wwIDE13 rns PUBLIC SERVICE ETHICS State Ethics Training Requirements For Local Officials: Frequently Asked Questions (FAQs) 9/04/12 Edition Overview of Requirement 1. What requirements does AB 1234 create regarding ethics training for local officials? The basic thrust of AB 1234 is to require covered officials (see next question) to take two hours of training in ethics principles and laws every two years.1 Who's Covered 2. Who must receive mandatory ethics training? Basically the requirement applies to those elected or appointed officials who are compensated for their service or reimbursed for their expenses.2 The specific trigger for this requirement is whether the agency either compensates or reimburses expenses for members of any of its Brown Act covered bodies; if it does, then all elected and appointed "local agency officials" (as defined) must receive this training.3 "Local agency official" means any member of a legislative body or any elected local agency official who receives compensation or expense reimbursement.4 "Local agency" means "a city, county, city and county, charter city, charter county, charter city and county, or special district."5 Thus the training requirement does not include agencies an which local officials serve (for example, redevelopment agency governing boards or joint powers agencies), although many such officials will likely be covered by virtue of their status with cities, counties and special districts. Note that it also does not include school districts. Note that local agencies also have the option of requiring certain employees to receive this training.6 1400 K Street, Suite 205 • Sacramento, CA 95814 • 916.658.8208 F 916.444.7535 • www.ca-ilg.org State Ethics Training Requirements For Local Officials: FAQs _ September 2012 3. What if an agency has a number of board members and commissioners who could theoretically get reimbursed for such expenses but as a practical matter haven't been for a long time? Determining whether such officials should receive such training involves a judgment call in consultation with one's agency attorney. Some agencies are rethinking whether they want to reimburse the members of all their commissioners and board members or be more selective. Another consideration is whether the nature of such officials' duties are such that the official would benefit from such training and the agency would benefit from having this official be trained (in terms of reducing the likelihood of missteps). Another approach is for an agency to identify all commissioners and board members that have been reimbursed and/or compensated in the past year and notify them of their need to receive training. For others who haven't been reimbursed and/or compensated, the expense reimbursement forms required by AB 12347 could include an advisory which alerts board members and commissioners of the need to get training if they are seeking reimbursement for expenses. 4. What about those who serve on multiple local agency bodies? The official only has to satisfy the reqsuirement once (within one year of taking office and every two years after that). Institute for Local Govemment www.ca-ilg.orq State Ethics Training Requirements For Local Officials: FAQs September 2012 5. Can AB 1234's ethics training requirements constitutionally apply to charter cities? Many city attorneys are not convinced that AB 1234 contains the necessary findings to make it applicable to charter cities, although the bill purports to apply to charter cities by including charter cities within the definition of local agency. However, a number of charter cities already have such training programs and/or think they would be helpful and hence, are voluntarily complying with the spirit of AB 1234. Such an approach may reflect well on a city and city officials should the local media inquire about city officials' compliance with AB 1234. Timing and Deadline Issues 6. By when must an official receive such training and how often again after that? • Officials in Service as of January 1, 2006. Except for officials whose term of office ends before January 1, 2007, those in office on January 1, 2006 must receive the training before January 1, 2007.10 After that, they must receive the training at least once every two years. 11 Officials whose term of office ends before January 9, 2007 were excused.12 • Those Beginning Service After January 1, 2006. Those who enter office after January 1, 2006 must receive the training within a year of starting their service. They must then receive the training every two years after that. 13 Reasonable attorneys disagree how the "every two years" requirement should be interpreted. One interpretation would be that, if an official received the required training on May 15, 2011, the official would need to receive training again on or before May 14, 2013. Another would be that this same official satisfied the requirement in 2011 and needs to again satisfy the requirement in 2013. Institute for Local Govemment www.ca-ila.orq 3 State Ethics Training Requirements For Local Officials: FAQs September 2012 Compliance and Enforcement 7. How do officials demonstrate compliance with the mandatory ethics requirements? When local agency officials receive the training, they will be given proof of participation. 14 Copies of these certificates must be provided to the agency's custodian of records and maintained as public records subject to disclosure to the media, the public and others for at least five years.15 8. What is the enforcement mechanism to assure that local officials receive such training? The new law is directory; there is no specific penalty for failing to complete the required training. 16 Presumably there will be a periodic public records requests by the media, candidates and others to verify which officials have and have not met the requirements. 17 Local agencies are using a variety of techniques to encourage compliance. Options include: 1. Circulate a List of Complying and Non -complying Officials within the Agency. Putting who has (and who has not) complied in writing along with a reminder that the agency is expecting media and other inquiries may be one way to encourage compliance. This list can be circulated to officials with a thank you to those who have satisfied the requirement and a list of options for compliance for those who have not. 2. Create a Financial Penalty. Another option for encouraging compliance is to adopt a policy that officials who have not complied with their AB 1234 training requirements will not be eligible to have their expenses reimbursed. 3. Make Compliance a Condition of Agency Service for Appointees. In situations where the non-compliant official is an appointee, a local policy could provide the appointment be either rescinded or that the non- complying individual is ineligible for re -appointment. 4. Post Certificates on Agency's Website. The agency can post scans of those within the agency who have complied with the requirement, which also lets the media and the public know how the official satisfied the training. Institute for Local Govemment www.ca-ila.orq 4 State Ethics Training Requirements For Local Officials: FAQs September 2012 Content Issues, Options for Satisfying the Requirement and Trainer Qualifications 9. Where can local officials get this training? Local agencies must provide covered officials with a list of options for satisfying this requirement at least once a year. "s The training can occur in-person, online or on a self -study basis (read materials and take a test).19 Agencies are not required to provide the training themselves, although a number may choose to do so. A variety of organizations offer such training (including law firms and nonprofit organizations). In addition, there are self -study materials available from the Institute for Local Government's website (www.ca-ilg.org/AB1234compliance) as well as a free online course at http://localethics.fppc.ca.gov or http://www.localethics.fppc.ca.gov that the Institute developed in collaboration with the FPPC. The Institute also has materials for in-house counsel and others who are interested in offering such training. 10. How do people or organizations become certified as AB 1234 ethics trainers? Strictly speaking, they don't. The Attorney General and FPPC have adopted guidelines for course curriculum accuracy and sufficiency, but there is no trainer - certification requirement.20 The Attorney General's guidelines require that the ethics law portion of AB 1234 training be given only by attorneys licensed to practice law in California and knowledgeable about California's ethics laws. 11. What issues must AB 1234 ethics training programs address? The training must cover general ethics principles relating to public service and ethics laws.21 "Ethics laws" are defined as including:22 • Laws relating to personal financial gain by public officials (including bribery and conflict of interest laws); • Laws relating to office -holder perks, including gifts and travel restrictions, personal and political use of public resources and prohibitions against gifts of public funds; Institute for Local Govemment www.ca-ila.orq 5 State Ethics Training Requirements For Local Officials: FAQs September 2012 • Governmental transparency laws, including financial disclosure requirements and open government laws (the Brown Act and Public Records Act); • Law relating to fair processes, including fair contracting requirements, common law bias requirements and due process. The Institute has materials to address these issues. The ILG resources can be found at www.ca-ilg.org/AB1234compliance. Given the breadth of the subjects that need to be covered, the goal of the training cannot be to teach local officials the law in each of these areas. Instead the goal needs to be to acquaint local officials with the fact that there are laws that govern their behavior in each of these areas, to motivate officials to comply with such laws (among other things by explaining the consequences of missteps) and to alert them on when they need to seek the advice of qualified legal counsel when issues arise with respect to such laws. Note that the Attorney General's Guidelines allow those who have taken the initial overview course to go deeper into certain aspects of ethics law in subsequent compliance efforts. 2i 12. Can I get State Bar minimum continuing legal education (MCLE) credit for attending AB 1234 training? Yes. AB 1234 training is eligible for MCLE participatory credit,24 provided the training complies with MCLE requirements. It is not, however, eligible for MCLE legal ethics credit.25 Brown Act Compliance 13. Must an AB 1234 training session that will be attended by a quorum of a legislative body comply with the Brown Act? The consensus appears to be that the Brown Act applies and therefore, the meeting must be open to the public and properly noticed. The Brown Act requires regular "meetings" of "legislative bodies" of local public agencies be open and public.26 A "meeting" is "any congregation of a majority of the members of a legislative body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body or the local agency to which it pertains."27 Theoretically, it is possible for a majority of the members of a legislative body to attend an AB 1234 training session without triggering the Brown Act provided that they neither hear Institute for Local Govemment www.ca-ila.orq 6 State Ethics Training Requirements For Local Officials: FAQs September 2012 nor discuss any topic that arguably comes within the legislative body's subject matter jurisdiction. The goal of AB 1234 training, however, is to acquaint local officials with the laws that govern their behavior and motivate them to comply with such laws. In light of this goal, it is highly likely that training attendees will ask questions related to matters within the Legislative body's subject matter jurisdiction. Accordingly, the Institute believes that the best course of action is to comply with the Brown Act. Note that AB 1234 training that occurs at conference sessions are subject to the conference session exception to the Bro wn Act. 28 Cal. Gov't Code § 53235(a), (b). 22 The language is potentially confusing on this point. The new law says that if a local agency provides any type of compensation or reimbursement for members of its legislative bodies, then all "local agency officials" must receive training. See Cal. Gov't Code § 53235(a). But the definition of "local agency official" means "any member of a local agency legislative body or any elected official who receives any type of compensation ...or reimbursement for actual and necessary expenses incurred in the performance of official duties." See Cal. Gov't Code § 53234(c)(1). 3 Cal. Gov't Code § 53235(a) ("If a local agency provides any type of compensation, salary, or stipend to a member of a legislative body, or provides reimbursement for actual and necessary expenses incurred by a member of a legislative body in the performance of official duties, then all local agency officials shall receive training in ethics pursuant to this article"); § 53234(a) (defining Legislative body by reference to the Brown Act, Government Code section 54952). ° Cal. Gov't Code § 53234(c)( I ). S Cal. Gov't Code § 53234(b). ° Cal. Gov't Code § 53234(c)(2). ' Cal. Gov't Code § 53232.3(a). 8 See Cal. Gov't Code § 53235.1(c). "Cal. Gov't Code § 53234(h). 1° Sec Cal. Gov't Code § 53235.I(a). 1' See Cal. Gov't Code § 53235.1(a). 1' Cal. Gov't Code § 53235.1(a). II See Cal. Gov't Code § 53235.1(b). The law requires that subsequent training occur "at least once every two years." Some agencies interpret this to mean that training may occur in successive two year periods, not necessarily before the two year anniversary of the last training. This is an area where substantial compliance based on the spirit of the law should be sufficient. 14 Cal. Gov't Code § 53235.1(e). "Cal. Gov't Code § 53235.2. 16 Cal. Gov't Code § 53235.2. 17 Note: in addition to maintaining records on compliance with the minimum standards imposed by AB 1234, local agencies may also want to maintain records of any additional training local agency officials received. This will enable those inquiring to ascertain the agency's and individual's full scope of commitment to understanding the ethical and legal obligations associated with public service. 18 Cal. Gov't Code § 53235(f). 19 Cal. Gov't Code § 53235(d). 20 See Cal. Gov't Code § 53235(c). The FPPC adopted it's guidelines as a regulatiot120 and the Attorney General issued General Guidelines on Course Accuracy and Sufficiency, which are available on the Department of Justice website: http://caag.state.ca.us/ethics/eth hoc guide final.pdf. A summary of the state's guidelines for training is also available at www.ca-ilg.org/AB1234compliance. Institute for Local Govemment www.ca-ila.orq State Ethics Training Requirements For Local Officials: FAQs September 2012 21 Cal. Gov't Code § 53235(b). 22 Cal. Gov't Code § 53234(d). 23 See Attorney General Guidelines, bottom of page 3, available at 13up; /km g'.ca.movp'iit esiallilllC%%ncItk'etcs;ctIt loc pndft State Bar's response to an inquiry by the Institute. November 6, 2006. " Id. 26 Cal. Gov't Code § 54953. 27 Cal. Gov't Code § 54952.2 (emphasis added). 28 Cal. Gov't Code § 54952.2(c)(2) (Conference must be open to the public and attendees must be mindful of restrictions on discussing items with colleagues). Institute for Local Govemment www.ca-ila.orq 8 SECTION 6 2014/2015 Statement of Economic Interests Form 700 A Public Document Also available on the FPPC website: • Form 700 in Excel format • Reference Pamphlet for Form 700 California Fair Political Practices Commission 428 J Street, Suite 620 • Sacramento, CA 95814 Email Advice: advice@fppc.ca.gov Toll-free advice line: 1 (866) ASK-FPPC • 1 (866) 275-3772 Telephone: (916) 322-5660 • Website: www,fppc.ca.gov December 2014 W 4 Ncw Gift Limit Increase The gift limit increased to $460 for calendar years 2015 and 2016. The gift limit during 2014 was $440. W4 must file: • Elected and appointed officials and candidates listed in Govemment Code Section 87200 • Employees, appointed officials, and consultants filing pursuant to a conflict of interest code ("code filers"). Obtain your disclosure categories, which describe the interests you must report, from your agency; they are not part of the Form 700 • Candidates running for local elective offices that are designated in a conflict of interest code (e.g., county sheriffs, city clerks, school board trustees, and water board members) • Members of newly created boards and commissions not yet covered under a conflict of interest code • Employees in newly created positions of existing agencies See Reference Pamphlet, page 3, at www.fppc.ca.gov or obtain from your filing officer. W4u to file: 87200 Filers State offices Judicial offices Retired Judges County offices City offices Multi -County offices • Your agency Z The clerk of your court • Directly with FPPC • Your county filing official • Your city clerk • Your agency Code Filers — State and Local Officials, Employees, and Consultants Designated in a Conflict of interest Code: File with your agency, board, or commission unless otherwise specified in your agency's conflict of interest code (e.g., Legislative staff files directly with FPPC). In most cases, the agency, board, or commission will retain the statements. Members of Boards and Commissions of Newly Created Agencies: File with your newly created agency or with your agency's code reviewing body. Employees in Newly Created Positions of Existing Agencies: File with your agency or with your agency's code reviewing body. See Reference Pamphlet, page 3. Candidates: File with your local elections office. How to file: The Form 700 is available at www.fppc.ca.gov. Form 700 schedules are also available in Excel format. All statements must have an original "wet" signature or be duly authorized by your filing officer to file electronically under Government Code Section 87500.2. Instructions, examples, FAQs, and a reference pamphlet are available to help answer your questions. Wim, to file: Annual Statements Z March 2, 2015 - Elected State Officers - Judges and Court Commissioners - State Board and Commission Members listed in Government Code Section 87200 Z April 1, 2015 - Most other filers Individuals filing under conflict of interest codes in city and county jurisdictions should verify the annual filing date with their local filing officers. Statements postmarked by the filing deadline are considered filed on time. Assuming Office and Leaving Office Statements Most filers file within 30 days of assuming or leaving office or within 30 days of the effective date of a newly adopted or amended conflict of interest code. Exception: If you assumed office between October 1, 2014, and December 31, 2014, and filed an assuming office statement, you are not required to file an annual statement until March 1, 2016, or April 1, 2016, whichever is applicable. The annual statement will cover the day after you assumed office through December 31, 2015. See Reference Pamphlet, pages 6 and 7, for additional exceptions. Candidate Statements File no later than the final filing date for the declaration of candidacy or nomination documents. Amendments Statements may be amended at any time. You are only required to amend the schedule that needs to be revised. It is not necessary to amend the entire filed form. Obtain amendment schedules at www.fppc.ca.gov. There Is no provision for filing deadline extensions unless the filer is serving In active military duty. (Regulation 18723) Statements of 30 pages or less may be faxed by the deadline as long as the originally signed paper version is sent by first class mall to the filing official within 24 hours. Introduction The Political Reform Act (Gov. Code Sections 81000- 91014) requires most state and local govemment officials and employees to publicly disclose their personal assets and income. They also must disqualify themselves from participating in decisions that may affect their personal economic interests. The Fair Political Practices Commission (FPPC) is the state agency responsible for issuing the attached Statement of Economic Interests, Form 700, and for interpreting the law's provisions. Gift Prohibition Gifts received by most state and local officials, employees, and candidates are subject to a limit. During 2013 and 2014, the gift limit was $440 from a single source per calendar year. For years 2015-2016, the limit increased to $460 from a single source during a calendar year. In addition, state officials, state candidates, and certain state employees are subject to a $10 limit per calendar month on gifts from lobbyists and lobbying firms registered with the Secretary of State. See Reference Pamphlet, page 10. State and local officials and employees should check with their agency to determine if other restrictions apply. Disqualification Public officials are, under certain circumstances, required to disqualify themselves from making, participating in, or attempting to influence governmental decisions that will affect their economic interests. This may include interests they are not required to disclose (i.e., a personal residence is often not reportable, but may be disqualifying). Specific disqualification requirements apply to 87200 filers (e.g., city councilmembers, members of boards of supervisors, planning commissioners, etc.). These officials must identify orally the economic interest that creates a conflict of interest and leave the room before a discussion or vote takes place at a public meeting. For more information, consult Government Code Section 87105, Regulation 18702.5, and the Overview of the Conflict of Interest Laws at www.fppc.ca.gov. Honorarium Ban Most state and local officials, employees, and candidates are prohibited from accepting an honorarium for any speech given, article published, or attendance at a conference, convention, meeting, or like gathering. See Reference Pamphlet, page 10. Loan Restrictions Certain state and local officials are subject to restrictions on loans. See Reference Pamphlet, page 14. Post -Governmental Employment There are restrictions on representing clients or employers before former agencies. The provisions apply to elected state officials, most state employees, local elected officials, county chief administrative officers, city managers, including the chief administrator of a city, and general managers or chief administrators of local special districts and JPAs. The FPPC website has fact sheets explaining the provisions. Late Filing The filing officer who retains originally -signed or electronically filed statements of economic interests may impose on an individual a fine for any statement that is filed late. The fine is $10 per day up to a maximum of $100. Late filing penalties may be reduced or waived under certain circumstances. Persons who fail to timely file their Form 700 may be referred to the FPPC's Enforcement Division (and, in some cases, to the Attorney General or district attorney) for investigation and possible prosecution. In addition to the late filing penalties, a fine of up to $5,000 per violation may be imposed. For assistance concerning reporting, prohibitions, and restrictions under the Act: • Email questions to advice@fppc.ca.gov, • Call the FPPC toll-free at (866) 275-3772. Form 700 is a Public Document Public Access Must Be Provided Statements of Economic Interests are public documents. The filing officer must permit any member of the public to inspect and receive a copy of any statement. • Statements must be available as soon as possible during the agency's regular business hours, but in any event not later than the second business day after the statement is received. Access to the Form 700 is not subject to the Public Records Act procedures. • No conditions may be placed on persons seeking access to the forms. • No information or identification may be required from persons seeking access. • Reproduction fees of no more than 10 cents per page may be charged. FPPC Form 700 (2014/2015) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Introduction Types of Form 700 Filings Assuming Office Statement: If you are a newly appointed official or are newly employed in a position designated, or that will be designated, in a state or local agency's conflict of interest code, your assuming office date is the date you were sworn in or otherwise authorized to serve in the position. If you are a newly elected official, your assuming office date is the date you were sworn in. • Investments, Interests in real property, and business positions held on the date you assumed the office or position must be reported. In addition, income (including loans, gifts, and travel payments) received during the 12 months prior to the date you assumed the office or position is reportable. For positions subject to confirmation by the State Senate or the Commission on Judicial Performance, your assuming office date is the date you were appointed or nominated to the position. Example: Maria Lopez was nominated by the Governor to serve on a state agency board that is subject to state Senate confirmation. The assuming office date is the date Maria's nomination is submitted to the Senate. Maria must report investments, interests in real property, and business positions she holds on that date, and income (including loans, gifts, and travel payments) received during the 12 months prior to that date. If your office or position has been added to a newly adopted or newly amended conflict of interest code, use the effective date of the code or amendment, whichever is applicable. • Investments, interests in real property, and business positions held on the effective date of the code or amendment must be reported. In addition, income (including loans, gifts, and travel payments) received during the 12 months prior to the effective date of the code or amendment is reportable. Annual Statement: Generally, the period covered is January 1, 2014, through December 31, 2014. If the period covered by the statement is different than January 1, 2014, through December 31, 2014, (for example, you assumed office between October 1, 2013, and December 31, 2013 or you are combining statements), you must specify the period covered. • Investments, interests in real property, business positions held, and income (including loans, gifts, and travel payments) received during the period covered by the statement must be reported. Do not change the preprinted dates on Schedules A-1, A-2, and B unless you are required to report the acquisition or disposition of an interest that did not occur in 2014. • If your disclosure category changes during a reporting period, disclose under the old category until the effective date of the conflict of interest code amendment and disclose under the new disclosure category through the end of the reporting period. Leaving Office Statement: Generally, the period covered is January 1, 2014, through the date you stopped performing the duties of your position. If the period covered differs from January 1, 2014, through the date you stopped performing the duties of your position (for example, you assumed office between October 1, 2013, and December 31, 2013, or you are combining statements), the period covered must be specified. The reporting period can cover parts of two calendar years. • Investments, interests in real property, business positions held, and income (including loans, gifts, and travel payments) received during the period covered by the statement must be reported. Do not change the preprinted dates on Schedules A-1, A-2, and B unless you are required to report the acquisition or disposition of an interest that did not occur in 2014. Candidate Statement: If you are filing a statement In connection with your candidacy for state or local office, investments, interests in real property, and business positions held on the date of filing your declaration of candidacy must be reported. In addition, income (including loans, gifts, and travel payments) received during the 12 months prior to the date of filing your declaration of candidacy is reportable. Do not change the preprinted dates on Schedules A-1, A-2, and B. Candidates running for local elective offices (e.g., county sheriffs, city clerks, school board trustees, and water district board members) must file candidate statements, as required by the conflict of interest code for the elected position. The code may be obtained from the agency of the elected position. Amendments: If you discover errors or omissions on any statement, file an amendment as soon as possible. You are only required to amend the schedule that needs to be revised; it is not necessary to refile the entire form. Obtain amendment schedules from the FPPC website at www.fppc.ca.gov. FPPC Form 700 (2014/2015) FPPC Advice Email: advicefflifppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Types of Statements Instructions Cover Page Enter your name, mailing address, and daytime telephone number in the spaces provided. Because the Form 700 Is a public document, you may list your business/office address instead of your home address. Part 1. Office, Agency, or Court • Enter the name of the office sought or held, or the agency or court. Consultants must enter the public agency name rather than their private firm's name. (Examples: State Assembly; Board of Supervisors; Office of the Mayor, Department of Finance; Hope County Superior Court) • Indicate the name of your division, board, or district, if applicable. (Examples: Division of Waste Management; Board of Accountancy; District 45). Do not use acronyms. • Enter your position title. (Examples: Director; Chief Counsel; City Council Member; Staff Services Analyst) • If you hold multiple positions (Le., a city council member who also is a member of a county board or commission), you may be required to file statements with each agency. To simplify your filing obligations, you may complete an expanded statement. • To do this, enter the name of the other agency(ies) with which you are required to file and your position title(s) in the space provided. Do not use acronyms. Attach an additional sheet if necessary. Complete one statement covering the disclosure requirements for all positions. Each copy must contain an original signature. Therefore, before signing the statement, make a copy for each agency. Sign each copy with an original signature and file with each agency. If you assume or leave a position after a filing deadline, you must complete a separate statement. For example, a city council member who assumes a position with a county special district after the April 1 annual filing deadline must file a separate assuming office statement. In subsequent years, the city council member may expand his or her annual filing to include both positions. Example: Scott Baker is a city council member for the City of Lincoln and a board member for the Camp Far West Irrigation District — a multi -county agency that covers Placer and Yuba counties. Scott will complete one Form 700 using full disclosure (as required for the city position) and covering interests in both Placer and Yuba counties (as required for the multi -county position) and list both positions on the Cover Page. Before signing the statement, Scott will make a copy and sign both statements. One statement will be filed with City of Lincoln and the other will be filed with Camp Far West Irrigation District. Both will contain an original signature. Part 2. Jurisdiction of Office • Check the box indicating the jurisdiction of your agency and, if applicable, identify the jurisdiction. Judges, judicial candidates. and court col nrnissioners have statewide jurisdiction. All other filers should review the Reference Pamphlet, page 13, to determine their jurisdiction. • If your agency is a multi -county office, list each county in which your agency has jurisdiction. • If your agency is not a state office, court, county office, city office, or multi -county office (e.g., school districts, special districts and JPAs), check the "other" box and enter the county or city in which the agency has jurisdiction. Example: This filer is a member of a water district board with jurisdiction in portions of Yuba and Sutter Counties. Part 3. Type of Statement 1. k7. or cow c... • TN o,... • avkal. . • 5k r Qr .J,b rvnl' t ml Uebx a on,n rrxlmenl ;00 IV i.w rrm,n:l L .MlsdCtlpl el Oik KA,. r wens M4 ❑,h ®uiwLo..q Yuba & Sutler Counties Dc4.4 D.1.* a Coal Cam, wattpde.. .4Wcl.n1 Dcar,a' Dc� Check at least one box. The period covered by a statement is determined by the type of statement you are filing. If you are completing a 2014 annual statement, do not change the pre-printed dates to reflect 2015. Your annual statement is used for reporting the previous year's economic interests. Economic interests for your annual filing covering January 1, 2015, through December 31, 2015, will be disclosed on your statement filed in 2018. See Reference Pamphlet, page 4. Combining Statements: Certain types of statements may be combined. For example, if you leave office after January 1, but before the deadline for filing your annual statement, you may combine your annual and leaving office statements. File by the earliest deadline. Consuft your filing officer or the FPPC. Part 4. Schedule Summary • Enter the total number of completed pages including the cover page and either check the box for each schedule you use to disclose interests; or if you have nothing to disclose on any schedule, check the "No reportable interests" box. Please do not attach any blank schedules. Part 5. Verification Complete the verification by signing the statement and entering the date signed. All statements must have an original "wet" signature or be duly authorized by your filing officer to file electronically under Govemment Code Section 87500.2. Instructions, examples, FAQs, and a reference pamphlet are available to help answer your questions. When you sign your statement, you are stating, under penalty of perjury, that it is true and correct. Only the filer has authority to sign the statement. An unsigned statement is not considered filed and you may be subject to late filing penalties. FPPC Form 700 (2014/2015) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www,fppc.ca.gov Instructions —1 CALIFORNIA FORM 700 FAH.. 'CL'I: L Pi3,.c iIu S cu'a.+ISSIUr. A PUBLIC DOCUMENT Please type or print in ink. STATEMENT OF ECONOMIC INTERESTS COVER PAGE Date In,tral Fihng Urr; s„ NAME OF FILER (LAST) (FIRST) MIDDLE) 1. Office, Agency, or Court Agency Name (Do not use acronyms) Division, Board, Department, District, if applicable Your Position ► If filing for multiple positions, list below or on an attachment. (Do not use acronyms) Agency: Position. 2. Jurisdiction 0f Office (Check at least one box) ❑ State 0 Judge or Court Commissioner (Statewide Jurisdiction) 0 Multi -County 0 County of ❑ City of _ ❑ Other 3. Type of Statement (Check at least one box) ❑ Annual: The period covered is January 1, 2014, through 0 Leaving Office: Date Left .`___ December 31, 2014. (Check one) -or- The period covered is —J—J through 0 The period covered is January 1, 2014, through the date of December 31, 2014. leaving office. O Assuming Office: Date assumed %f 0 The period covered is _L___I , through the date of leaving office. ❑ Candidate: Election year and office sought, if different than Part 1: _ 4. Schedule Summary Check applicable schedules or "None." ❑ Schedule A-1 - Investments – schedule attached ❑ Schedule A-2 • Investments – schedule attached O Schedule B • Real Property – schedule attached P. Total number of pages including this cover page: ❑ Schedule C - Income, Loans, & Business Positions – schedule attached ❑ Schedule D - Income – Gifts – schedule attached O Schedule E • Income – Gifts – Travel Payments – schedule attached -or- 0 None • No reportable interests on any schedule 5. Verification MAILING ADDRESS STREET (Business or Agency Address Recommended - Public Document) DAYTIME TELE PFWNI: t;,!'I;rrr ( ) CITY E•MAJL ADDRESS STATE ZIP CODE I have used all reasonable diligence in preparing thls statement. I have reviewed this statement and to the best of my knowledge the Information contained herein and in any attached schedules is true and complete. I acknowledge this is a public document. I certify under penalty of perjury under the laws of the State of California that the foregoing Is true and correct. Date Signed _ _ Signature (month, daft year) (File the originally signed stelement With your Sing official.) FPPC Form 700(2014/2015) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Which Schedule Do I Use? Common Reportable Interests Schedule A-1 Stocks, including those held in an IRA or a 401K Schedule A-2 Schedule B Schedule C Schedule D Schedule E Business entities (including certain independent contracting), sole proprietorships, partnerships, LLCs, corporations, and trusts Rental property in the jurisdiction Non-govemmental salaries of public official and spouse/registered domestic partner Gifts from businesses (such as tickets to sporting or entertainment events) Travel payments from third parties (not your employer) Common Non -Reportable Interests Schedule A-1 Schedule A-2 Schedule B Schedule C Schedule D Schedule E Insurance policies, government bonds, diversified mutual funds, certain funds similar to diversified mutual funds (such as exchange traded funds) and investments held in certain retirement accounts. See Reference Pamphlet, page 13, for detailed information. (Regulation 18237) Savings and checking accounts and annuities A residence used exclusively as a personal residence (such as a home or vacation cabin) Governmental salary (such as a school district) Gifts from family members Travel paid by your govemment agency Remember: ✓ Mark the "No reportable interests" box on Part 4 of the Schedule Summary on the Cover Page if you determine you have nothing to disclose and file the Cover Page only. Make sure you carefully read all Instructions to ensure proper reporting. ✓ The Form 700 is a public document. ✓ Most Individuals must consult their agency's conflict of Interest code for reportable interests. ✓ Most individuals file the Form 700 with their agencies. ✓ When you file your statement, bring a copy to have date stamped for your records. FPPC Form 700 (2014/2015) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Instructions - 3 Questions and Answers General Q. What is the reporting period for disclosing interests on an assuming office statement or a candidate statement? A. On an assuming office statement, disclose all reportable investments, interests in real property, and business positions held on the date you assumed office. In addition, you must disclose income (including loans, gifts and travel payments) received during the 12 months prior to the date you assumed office. On a candidate statement, disclose all reportable investments, interests in real property, and business positions held on the date you file your declaration of candidacy. You must also disclose income (including loans, gifts and travel payments) received during the 12 months prior to the date you file your declaration of candidacy. Q. I hold two other board positions in addition to my position with the county. Must I file three statements of economic interests? A. Yes, three are required. However, you may complete one statement listing the county and the two boards on the Cover Page or an attachment as the agencies for which you will be filing. Report your economic interests using the largest jurisdiction and highest disclosure requirements assigned to you by the three agencies. Make two copies of the entire statement before signing it, sign each copy with an original signature, and distribute one original to the county and to each of the two boards. Remember to complete separate statements for positions that you leave or assume during the year. Q. I am a department head who recently began acting as city manager. Should I file as the city manager? A. Yes. File an assuming office statement as city manager. Persons serving as "acting," "interim," or "alternate" must file as if they hold the position because they are or may be performing the duties of the position. Q. As a designated employee, I left one state agency to work for another state agency. Must I file a leaving office statement? A. Yes. You may also need to file an assuming office statement for the new agency. Investment Disclosure Q. I have an investment interest in shares of stock in a company that does not have an office in my jurisdiction. Must I still disclose my investment interest in this company? A. Probably. The definition of "doing business in the jurisdiction" is not limited to whether the business has an office or physical location in your jurisdiction. See Reference Pamphlet, page 13. Q. My spouse and I have a living trust. The trust holds rental property in my jurisdiction, our primary residence, and investments in diversified mutual funds. I have full disclosure. How is this trust disclosed? A. Disclose the name of the trust, the rental property and its income on Schedule A-2. Your primary residence and investments in diversified mutual funds registered with the SEC are not reportable. Q. I am required to report all investments. I have an IRA that contains stocks through an account managed by a brokerage firm. Must I disclose these stocks even though they are held in an IRA and I did not decide which stocks to purchase? A. Yes. Disclose on Schedule A-1 or A-2 any stock worth $2,000 or more in a business entity located in or doing business in your jurisdiction. Q. I own stock in IBM and must report this investment on Schedule A-1. I initially purchased this stock in the early 1990s; however, I am constantly buying and selling shares. Must I note these dates in the "Acquired" and "Disposed" fields? A. No. You must only report dates in the "Acquired" or "Disposed" fields when, during the reporting period, you initially purchase a reportable investment worth $2,000 or more or when you dispose of the entire investment. You are not required to track the partial trading of an investment. FPPC Form 700 (2014/2015) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Instructions —4 Questions and Answers Continued Q. On last year's filing I reported stock in Encoe valued at $2,000 - $10,000. Late last year the value of this stock fell below and remains at less than $2,000. How should this be reported on this year's statement? A. You are not required to report an investment if the value was less than $2,000 during the entire reporting period. However, because a disposed date is not required for stocks that fail below $2,000, you may want to report the stock and note in the "comments" section that the value fell below $2,000. This would be for informational purposes only; it is not a requirement. Q. We have a Section 529 account set up to save money for our son's college education. Is this reportable? A. If the Section 529 account contains reportable interests (e.g., common stock valued at $2,000 or more), those interests are reportable (not the actual Section 529 account). If the account contains solely mutual funds, then nothing is reported. Income Disclosure Q. I reported a business entity on Schedule A-2. Clients of my business are located in several states. Must I report all clients from whom my pro rata share of income is $10,000 or more on Schedule A-2, Part 3? A. No, only the clients doing business on a regular basis in your jurisdiction must be disclosed. Q. I believe I am not required to disclose the names of clients from whom my pro rata share of income is $10,000 or more on Schedule A-2 because of their right to privacy. Is there an exception for reporting clients' names? A. Regulation 18740 provides a procedure for requesting an exemption to allow a client's name not to be disclosed if disclosure of the name would violate a legally recognized privilege under California law. This regulation may be obtained from our website at www.fppc.ca.gov. See Reference Pamphlet, page 14. Q. I am sole owner of a private law practice that is not reportable based on my limited disclosure category. However, some of the sources of income to my law practice are from reportable sources. Do I have to disclose this income? A. Yes, even though the law practice is not reportable, reportable sources of income to the law practice of $10,000 or more must be disclosed. This information would be disclosed on Schedule C with a note in the "comments" section indicating that the business entity is not a reportable investment. The note would be for informational purposes only; it isnot a requirement. Q. I am the sole owner of my business. Where do I disclose my income - on Schedule A-2 or Schedule C? A. Sources of income to a business in which you have an ownership interest of 10% or greater are disclosed on Schedule A-2. See Reference Pamphlet, page 8, for the definition of "business entity." Q. A. Q. A. My husband is a partner in a four -person firm where all of his business is based on his own billings and collections from various clients. How do l report my community property interest in this business and the income generated in this manner? If your husband's investment in the firm is 10% or greater, disclose 100% of his share of the business on Schedule A-2, Part 1 and 50% of his income on Schedule A-2, Parts 2 and 3. For example, a client of your husband's must be a source of at least $20,000 during the reporting period before her name is reported. How do I disclose my spouse's or registered domestic partner's salary? Report the name of the employer as a source of income on Schedule C. Q. I am a doctor. For purposes of reporting $10,000 sources of income on Schedule A-2, Part 3, are the patients or their insurance carriers considered sources of income? A. If your patients exercise sufficient control by selecting you instead of other doctors, then your patients, rather than their insurance carriers, are sources of income to you. See Reference Pamphlet, page 14, for additional information. Q. I received a loan from my grandfather to purchase my home. Is this loan reportable? A. No. Loans received from family members are not reportable. FPPC Form 700 (2014/2015) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Instructions — 5 Questions and Answers Continued Q. I am running for re-election to city council and made a personal loan to my campaign committee. Is this reportable on my Form 700? A. No, the loan is not reportable on Form 700; however, loan repayments from a campaign committee are reported on Schedule C as income. Q. Many years ago, I loaned my parents several thousand dollars, which they paid back this year. Do I need to report this loan repayment on my Form 700? A. No. Payments received on a loan made to a family member are not reportable. Real Property Disclosure Q. During this reporting period we switched our principal place of residence into a rental. I have full disclosure and the property is located in my agency's jurisdiction, so it is now reportable. Because I have not reported this property before, do I need to show an "acquired" date? A. No, you are not required to show an "acquired" date because you previously owned the property. However, you may want to note in the "comments" section that the property was not previously reported because it was used exclusively as your residence. This would be for informational purposes only; it is not a requirement. Q. My daughter is buying her first home and I am the co- signer on the loan. I won't occupy the home, but my daughter will. The home Is located in my agency's jurisdiction. Must I report this property? A. No. Property occupied by a family member is not reportable as long as you are not receiving rental income or using the property for business purposes. Gift Disclosure Q. If I received a reportable gift of two tickets to a concert valued at $100 each, but gave the tickets to a friend because I could not attend the concert, do I have any reporting obligations? A. Yes. Since you accepted the gift and exercised discretion and control of the use of the tickets, you must disclose the gift on Schedule D. Q. Mary and Joe Benson, a married couple, want to give a piece of artwork to a county supervisor. Is each spouse considered a separate source for purposes of the gift limit and disclosure? A. Yes, each spouse may make a gift valued at the gift limit during a calendar year. For example, during 2014 the gift limit was $440, so the Bensons may have given the supervisor artwork valued at no more than $880. The supervisor must identify Joe and Mary Benson as the sources of the gift. Q. I am a Form 700 filer with full disclosure. Our agency holds a holiday raffle to raise funds for a local charity. I bought $10 worth of raffle tickets and won a gift basket valued at $120. The gift basket was donated by Doug Brewer, a citizen in our city. At the same event, I bought raffle tickets for, and won a quilt valued at $70. The quilt was donated by a coworker. Are these reportable gifts? Because the gift basket was donated by an outside source (not an agency employee), you have received a reportable gift valued at $110 (the value of the basket less the consideration paid). The source of the gift is Doug Brewer and the agency is disclosed as the intermediary. Because the quilt was donated by an employee of your agency, it is not a reportable gift. A. Q. A. My agency is responsible for disbursing grants. An applicant (501(c)(3) organization) met with agency employees to present its application. At this meeting, the applicant provided food and beverages. Would the food and beverages be considered gifts to the employees? These employees are designated in our agency's conflict of interest code and the applicant is a reportable source of income under the code. Yes. If the value of the food and beverages consumed by any one filer, plus any other gifts received from the same source during the reporting period total $50 or more, the food and beverages would be reported using the fair market value and would be subject to the gift limit. Q. I received free admission to an educational conference related to my official duties. Part of the conference fees included a round of golf. Is the value of the golf considered informational material? A. No. The value of personal benefits, such as golf, attendance at a concert, or sporting event, are gifts subject to reporting and limits. FPPC Form 700 (2014/2015) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Instructions — 6 Instructions — Schedules A-1 and A-2 Investments "Investment" means a financial interest in any business entity (including a consulting business or other independent contracting business) that is located in, doing business in, planning to do business in, or that has done business during the previous two years in your agency's jurisdiction in which you, your spouse or registered domestic partner, or your dependent children had a direct, indirect, or beneficial interest totaling $2,000 or more at any time during the reporting period. See Reference Pamphlet, page 13. Reportable investments include: • Stocks, bonds, warrants, and options, including those held in margin or brokerage accents and managed investment funds (See Reference Pamphlet, page 13.) • Sole proprietorships • Your own business or your spouse's or registered domestic partner's business (See Reference Pamphlet, page 8, for the definition of "business entity.") • Your spouse's or registered domestic partner's investments that are legally separate property • Partnerships (e.g., a law firm or family farm) • Investments in reportable business entities held in a retirement account (See Reference Pamphlet, page 15.) • If you, your spouse or registered domestic partner, and dependent children together had a 10% or greater ownership interest in a business entity or trust (including a living trust), you must disclose investments held by the business entity or trust. See Reference Pamphlet, page 15, for more information on disclosing trusts. • Business trusts You are not required to disclose: • Insurance policies, government bonds, diversified mutual funds, certain funds similar to diversified mutual funds (such as exchange traded funds) and investments held in certain retirement accounts. See Reference Pamphlet, page 13, for detailed information. (Regulation 18237) • Bank accounts, savings accounts, money market accounts and certificates of deposits • Insurance policies • Annuities • Commodities • Shares in a credit union • Govemment bonds (including municipal bonds) • Retirement accounts invested in non -reportable interests (e.g., insurance policies, mutual funds, or govemment bonds) (See Reference Pamphlet, page 15.) Reminders • Do you know your agency's jurisdiction? • Did you hold investments at any time during the period covered by this statement? • Code filers — your disclosure categories may only require disclosure of specific investments. • Govemment defined -benefit pension plans (such as CaIPERS and CaISTRS plans) • Certain interests held in a blind trust (See Reference Pamphlet, page 16.) Use Schedule A-1 to report ownership of less than 10% (e.g., stock). Schedule C (Income) may also be required if the investment is not a stock or corporate bond. See second example below. Use Schedule A-2 to report ownership of 10% or greater (e.g., a sole proprietorship). To Complete Schedule A-1: Do not attach brokerage or financial statements. • Disclose the name of the business entity. • Provide a general description of the business activity of the entity (e.g., pharmaceuticals, computers, automobile manufacturing, or communications). • Check the box indicating the highest fair market value of your investment during the reporting period. If you are filing a candidate or an assuming office statement, indicate the fair market value on the filing date or the date you took office, respectively. • Identify the nature of your investment (e.g., stocks, warrants, options, or bonds). • An acquired or disposed of date is only required if you initially acquired or entirely disposed of the investment interest during the reporting period. The date of a stock dividend reinvestment or partial disposal is not required. Generally, these dates will not apply if you are filing a candidate or an assuming office statement. Examples: John Smith holds a state agency position. His conflict of interest code requires full disclosure of investments. John must disclose his stock holdings of $2,000 or more in any company that does business in Califomia, as well as those stocks held by his spouse or registered domestic partner and dependent children. Susan Jones is a city council member. She has a 4% interest, worth $5,000, in a limited partnership located in the city. Susan must disclose the partnership on Schedule A-1 and income of $500 or more received from the partnership on Schedule C. FPPC Form 700 (2014/2015) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Instructions — 7 SCHEDULE A-1 Investments Stocks, Bonds, and Other Interests (Ownership Interest is Less Than 10%) Do not attach brokerage or financial statements. ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE ❑ $2,000 - $10,000 0 $100,001 - $1,000,000 0 $10,001 - 8100,000 0 Over 31,000,000 NATURE OF INVESTMENT ❑ Stock 0 Other (Describe) ❑ Partnership 0 Income Received of $0 - $499 0 Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: 14 / /14 ACQUIRED DISPOSED ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE 32,000 - $10,000 ❑ 3100,001 - 31,000.000 ❑ 310,001 - $100,000 ❑ Over $1,000,000 NATURE OF INVESTMENT ❑ Stock 0 Other (Describe) ❑ Partnership 0 Income Received of $0 - $499 0 Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: /14 l_j14 ACQUIRED DISPOSED ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE 0 $2000 - $10,000 ❑ 8100,001 - 81,000,000 0 810,001 - $100,000 ❑ Over 81,000,000 NATURE OF INVESTMENT ❑ Stock 0 Other (Describe) ❑ Partnership 0 Income Received of $0 - 8499 0 Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: J 14 �J / 14 ACQUIRED DISPOSED Comments: CALIFORNIA FORM 700 FJ,If< P(11,I11(:'IL ;;()r,Ir,115snr4 Name ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE ❑ 52,000 - $10,000 0 $100,001 - 81,000,000 ❑ 810,001 - $100,000 ❑ Over $1,000,000 NATURE OF INVESTMENT ❑ Stock 0 Other (Describe) ❑ Partnership 0 Income Received of 80 - 5409 0 Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: 14 / / 14 ACQUIRED DISPOSED ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE 0 32,000 - $10,000 0 8100,001 - $1,000,000 ❑ $10,001 - 5100,000 ❑ Over $1,000,000 NATURE OF INVESTMENT ❑ Stock 0 Other (Describe) ❑ Palnership 0 Income Received of $0 - 3499 0 Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, UST DATE: _/._/ 14 ACQUIRED DISPOSED ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE 0 82,000 - $10,000 0 8100,001 - 81,000,000 NATURE OF INVESTMENT ❑ Stock ❑ Other. ❑ 510,001 - 5100,000 ❑ Over $1,000,000 (Describe) O Partnership Q Income Received of 80 - $499 0 Income Received of 8500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: J 14 x_14 ACQUIRED DISPOSED FPPC Form 700 (2014/2015) Sch. A-1 FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Instructions — Schedule A-2 Investments, Income, and Assets of Business Entities/Trusts Use ScheduleA-2 to report investments in a business entity (including a consulting business or other independent contracting business) or trust (including a living trust) in which you, your spouse or registered domestic partner, and your dependent children together had a 10% or greater interest during the reporting period and which is located in, doing business in, planning to do business in, or which has done business during the previous two years in your agency's jurisdiction. See Reference Pamphlet, page 13. A trust located outside your agency's jurisdiction is reportable if it holds assets that are located in or doing business in the jurisdiction. Do not report a trust that contains non -reportable interests. For example, a trust containing only your personal residence not used in whole or in part as a business, your savings account, and some municipal bonds, is not reportable. Also report on Schedule A-2 investments and real property held by that entity or trust if your pro rata share of the investment or real property interest was $2,000 or more during the reporting period. To Complete Schedule A-2: Part 1. Disclose the name and address of the business entity or trust. If you are reporting an interest in a business entity, check "Business Entity" and complete the box as follows: • Provide a general description of the business activity of the entity. • Check the box indicating the highest fair market value of your investment during the reporting period. • If you initially acquired or entirely disposed of this interest during the reporting period, enter the date acquired or disposed. • Identify the nature of your investment. • Disclose the job title or business position you held with the entity, if any (I.e., if you were a director, officer, partner, trustee, employee, or held any position of management). A business position held by your spouse is not reportable. Part 2. Check the box indicating your pro rata share of the gross income received by the business entity or trust. This amount includes your pro rata share of the gross income from the business entity or trust, as well as your community property interest in your spouse's or registered domestic partner's share. Gross income is the total amount of income before deducting expenses, losses, or taxes. Part 3. Disclose the name of each source of income that is located in, doing business in, planning to do business in, or that has done business during the previous two years in your agency's jurisdiction, as follows: • Disclose each source of income and outstanding loan to the business entity or trust identified in Part 1 if your pro rata share of the gross income (including your community property interest in your spouse's or registered domestic partner's share) to the business entity or trust from that source was $10,000 or more during the reporting period. See Reference Pamphlet, page 11, for examples. Income from govemmental sources may be reportable if not considered salary. See Regulation 18232. Loans from commercial lending institutions made in the lender's regular course of business on terms available to members of the public without regard to your official status are not reportable. • Disclose each individual or entity that was a source of commission Income of $10,000 or more during the reporting period through the business entity identified in Part 1. See Reference Pamphlet, page 8, for an explanation of commission income. You may be required to disclose sources of income located outside your jurisdiction. For example, you may have a client who resides outside your jurisdiction who does business on a regular basis with you. Such a client, if a reportable source of $10,000 or more, must be disclosed. Mark "None" if you do not have any reportable $10,000 sources of income to disclose. Using phrases such as "various clients' or "not disclosing sources pursuant to attomey-client privilege" may trigger a request for an amendment to your statement. See Reference Pamphlet, page 14, for details about requesting an exemption from disclosing privileged information. Part 4. Report any investments or interests in real property held or !eased by the entity or trust identified in Part 1 if your pro rata share of the interest held was $2,000 or more during the reporting period. Attach additional schedules or use FPPC's Form 700 Excel spreadsheet if needed. • Check the applicable box identifying the interest held as real property or an investment. • If investment, provide the name and description of the business entity. • If real property, report the precise location (e.g., an assessor's parcel number or address). • Check the box indicating the highest fair market value of your interest in the real property or investment during the reporting period. (Report the fair market value of the portion of your residence claimed as a tax deduction if you are utilizing your residence for business purposes.) • Identify the nature of your interest. • Enter the date acquired or disposed only if you initially acquired or entirely disposed of your interest in the property or investment during the reporting period. FPPC Form 700 (2014/2015) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Instructions — 9 SCHEDULE A-2 Investments, Income, and Assets of Business Entities/Trusts (Ownership Interest is 10%d or Greater) le 1, BUSINESS ENTITY OR TRUST Name Address (Business Address Acceptable) Check one 0 Trust, go to 2 ❑ Business Entity, complete the box, then go to 2 GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE ❑ 30 - $1,999 D 32,000 - 310,000 ❑ 310,001 - 3100.000 ❑ 3100,001 - 31,000.000 El Over $1,000,000 IF APPLICABLE, LIST DATE: NATURE OF INVESTMENT ❑ Partnership 0 Sole Proprietorship / 14 ACQUIRED DISPOSED Cithei YOUR BUSINESS POSITION ► 2 IDENTIFY THE GROSS INCOME RECEIVED (INCLUDE YOUR PRO RATA SHARE OF THE GROSS INCOME rQ FHE ENTITYITRUST) ❑ 30 - $499 ❑ $500 - $1,000 ❑ 31,001 - 310,000 ❑ 310,001 - 3100,000 ❑ OVER $100,000 le 3. LIST THF NAME OF EACH REPOR FABLE SINGLE SOURCE OF INCUML Of 410.UGn OR MORE ❑ None or ❑ Names listed below e 4. INVESTMENTS ANC INTERESTS IN REAL PROPERD( HELD OR LEASER. THE PUSINESS ENTITY OR TRUST Curr. Cit one box. 0 INVESTMENT 0 REAL PROPERTY Name of Business Entity, N Investment, or Assessor's Parcel Number or Street Address of Real Property Description of Business Activity gr City or Other Precise Location of Real Property FAIR MARKET VALUE $2,000 - $10,000 $10,001 - $100,000 0 $100,001 - $1,000,000 ❑ Over 31,000,000 NATURE OF INTEREST ❑ Property Ownership/Deed of Trust IF APPLICABLE, LIST DATE: 14 / / 14 ACQUIRED DISPOSED ❑ Stock ❑ Partnership ❑ Leasehold ❑ Other Yrs. remaining ❑ Check box if additional schedules reporting inveslments or real property are attached Co moms' CALIFORNIA FORM 700 FAIR POLITICAL PRACTICES CO,.14ISSION Name a 1. BUSINESS ENTITY OR TRUST Name Address (Business Address Acceptable) Check one 0 Trust, go to 2 0 Business Entity, complete the box, then go to 2 GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE ❑ 80 - 31,999 0 $2,000 - $10,000 ❑ 310,001 - 3100,000 ❑ 3100,001 - 31,000,000 ❑ Over $1,000,000 IF APPLICABLE, LIST DATE: _J_'14 j /14 ACQUIRED DISPOSED NATURE OF INVESTMENT ❑ Partnership 0 Sole Proprietorship Omsr YOUR BUSINESS POSITION ► 2. IDENTIFY THE GROSS INCOME RECEIVED IINc:l UDC YOUR PRO RATA SHARE CF THE GROSS INCOME ID_ THE ENTITY/TRUST) 0 $0 - $499 ❑ $500 - 81,000 ❑ 31,001 - $10,000 ❑ $10,001 - $100,000 ❑ OVER 8100,000 e 3. LIST THE NAME OF EACH REPORTABLE SINGLE SOURCE OF INCOME OF 510.036 OR MORE El None or • Names Ysted IJCIo e 4. INVESTMENTS AND INTERESTS IN REAL PROPERTY HELD OR LEASED B`( THE 50551E55 ENTITY OR TRUST Check one box. 0 INVESTMENT 0 REAL PROPERTY Name of Business Entity, if Investment, gr Assessor's Parcel Number or Street Address of Real Property Description of Business Activity gt City or Other Precise Location of Real Property FAIR MARKET VALUE IF APPLICABLE, LIST DATE: o $2,000 - 310,000 O$10,001 - $100,000 / / 14 / / 14 $100,001 - $1,000,000 ACQUIRED DISPOSED ❑ Over $1,000,000 NATURE OF INTEREST ❑ Property Ownership/Deed of Trust ❑ Stock ❑ Partnership ❑ Leasehold 0 Other -. Yrs. remaining ❑ Check box if additional schedules reporting investments or real property are attached FPPC Form 700 (2014/2015) Sch. A-2 FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Instructions — Schedule B Interests in Real Property Report interests in real property located in your agency's jurisdiction in which you, your spouse or registered domestic partner, or your dependent children had a direct, indirect, or beneficial interest totaling $2,000 or more any time during the reporting period. See Reference Pamphlet, page 13. Interests in real property Include: • An ownership interest (including a beneficial ownership interest) • A deed of trust, easement, or option to acquire property • A leasehold interest (See Reference Pamphlet, page 14.) • A mining lease • An interest in real property held in a retirement account (See Reference Pamphlet, page 15.) • An interest in real property held by a business entity or trust in which you, your spouse or registered domestic partner, and your dependent children together had a 10% or greater ownership interest (Report on Schedule A-2.) • Your spouse's or registered domestic partner's interests in real property that are legally held separately by him or her You are agt required to report: • A residence, such as a home or vacation cabin, used exclusively as a personal residence (However, a residence in which you rent out a room or for which you claim a business deduction may be reportable. If reportable, report the fair market value of the portion claimed as a tax deduction.) Please note: A non -reportable residence can still be grounds for a conflict of interest and may be disqualifying. • Interests in real property held through a blind trust (See Reference Pamphlet, page 16, for exceptions.) To Complete Schedule B: • Report the precise location (e.g., an assessor's parcel number or address) of the real property. • Check the box indicating the fair market value of your interest in the property (regardless of what you owe on the property). • Enter the date acquired or disposed only if you initially acquired or entirely disposed of your interest in the property during the reporting period. • Identify the nature of your interest. If it is a leasehold, disclose the number of years remaining on the lease. • If you received rental income, check the box indicating the gross amount you received. • If you had a 10% or greater interest in real property and received rental income, list the name of the source(s) if your pro rata share of the gross income from any single IReminders • Income and loans already reported on Schedule B are not also required to be reported on Schedule C. • Real property already reported on Schedule A-2, Part 4 are not also required to be reported on Schedule B. Code filers — do your disclosure categories require disclosure of real property? tenant was $10,000 or more during the reporting period. If you received a total of $10,000 or more from two or more tenants acting in concert (in most cases, this will apply to married couples), disclose the name of each tenant. Otherwise, mark "None." • Loans from a private lender that total $500 or more and are secured by real property may be reportable. Loans from commercial lending institutions made in the lender's regular course of business on terms available to members of the public without regard to your official status are not reportable. When reporting a loan: Provide the name and address of the lender. Describe the lender's business activity. Disclose the interest rate and term of the loan. For variable interest rate loans, disclose the conditions of the loan (e.g., Prime + 2) or the average interest rate paid during the reporting period. The term of a loan is the total number of months or years given for repayment of the loan at the time the loan was established. Check the box indicating the highest balance of the loan during the reporting period. Identify a guarantor, if applicable. If you have more than one reportable loan on a single piece of real property, report the additional loan(s) on Schedule C. Example: Joe Nelson is a city planning commissioner. Joe received rental income of $12,000 during the reporting period from a single tenant who rented property Joe owned in the city's jurisdiction. If Joe had received the $12,000 from two or more tenants, the tenants' names would not be required as long as no single tenant paid $10,000 or more. A married couple would be considered a single tenant. 1008 0. 0Ra 0PxeLea01M•O0Lar.ear A*cA 1S 4600 241h Street Henry Wells o1MVVE 0.11 VAL 012.000-110AM 110.000-11OOOoo ▪ *.*1..21.000.000 p 0..11.000000 110rV*, c• *0100*! m OMM•Ii/00•0 rnv,0 CJ rr•rMr O LM•Aral .,M1 IF APPLY-41LE, LIST DAM 1JJi —/JJi 00«0000 01Pww O For O . ••„a. •,•.1 •.arlrn Oso - Ma, Osseo ,i.000 13 *Leo • mow ® mom -1000.000 Owen 1000.000 *0.0,00* a 109.4 040.0 0 ,.. .•• • 100 • •MY. 1r•r ur. •.ter M•••A•• e•1 n•r.•II Mr. r 1,000•,x. Mow Hr•1v, t^roO, MAW of LENDER. Sophia Petrolllo •*011es3 tom.-... Ay.. r......1 2121 Blue Sky Parkway. Sacramento MOMS° A011NTr, If AMR. of LOON Restaurant Owner O TEMST RATE B ♦ atone TEM 11Wft/r•w, 15 Years O as00 11.000 0,00.00, . 110000 � 100001 1100.000 ❑ own sI00000 aOor•Fer. r owe. FPPC Form 700 (2014/2015) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Instructions —11 SCHEDULE B Interests in Real Property (Including Rental Income) S. ASSESSOR'S PARCEL NUMBER OR STREET ADDRESS CITY FAIR MARKET VALUE ❑ $2,000 - 810,000 ❑ 810,001 - sioo,0oo 0 $100,001 - 81,000,000 0 Over $1,000,000 NATURE OF INTEREST 0 Ownership/Deed of Trust IF APPLICABLE, LIST DATE: x_/14 / /14 ACQUIRED DISPOSED ❑ Leasehold ❑ Easement ❑ - Yrs remaining Other IF RENTAL PROPERTY, GROSS INCOME RECEIVED ❑ $0 - $499 ❑ $500 - $1,000 ❑ 81,001 - $10,000 ❑ $10,001 - $100,000 ❑ OVER $100,000 SOURCES OF RENTAL INCOME: If you own a 10% or greater interest, list the name of each tenant that is a single source of Income of 810,000 or more. 0 None CALIFORNIA FORM 700 [AIH POLITICAL PHAC IICLS comf.1IssIo'! Name S. ASSESSOR'S PARCEL NUMBER OR STREET ADDRESS CITY FAIR MARKET VALUE ❑ $2,000 - $10,000 ❑ 810,001 - 8100,000 ❑ 8100,001 - 81,000,000 ❑ Over $1,000,000 NATURE OF INTEREST 0 Ownership/Deed of Trust 0 Leasehold IF APPLICABLE, LIST DATE: 14 / / 14 ACQUIRED DISPOSED 0 Easement Other IF RENTAL PROPERTY, GROSS INCOME RECEIVED ❑ $0 - s499 D $500 - $1,000 0 $1,001 - 810,000 1:1810.001 - $100,000 0 OVER 8100,000 SOURCES OF RENTAL INCOME: If you own a 10% or greater interest, list the name of each tenant that is a single source of Income of 810,000 or more. ❑ None * You are not required to report loans from commercial lending institutions made in the lender's regular course of business on terms available to members of the public without regard to your official status. Personal loans and loans received not in a lender's regular course of business must be disclosed as follows: NAME OF LENDER" ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF LENDER INTEREST RATE % ❑ None HIGHEST BALANCE DURING REPORTING PERIOD TERM (Months/Years) ❑ 8500 - 81,000 0 810.001 - 8100,000 0 Guarantor, if applicable Comments: ❑ $1,001 - $10,000 ❑ OVER $100,000 NAME OF LENDER* ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF LENDER INTEREST RATE % ❑ None HIGHEST BALANCE DURING REPORTING PERIOD TERM (Months/Years) 0 $500 - $1,000 ❑ 810,001 - 8100,000 ❑ Guarantor, if applicable ❑ $1,001 - $10,000 ❑ OVER $100,000 FPPC Form 700 (2014/2015) Sch. B FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Instructions — Schedule C Income, Loans, & Business Positions (Income Other Than Gifts and Travel Payments) Reporting Income: Report the source and amount of gross income of $500 or more you received during the reporting period. Gross income is the total amount of income before deducting expenses, losses, or taxes and includes loans other than loans from a commercial lending institution. See Reference Pamphlet, page 11. You must also report the source of income to your spouse or registered domestic partner if your community property share was $500 or more during the reporting period. A source of income must be reported only if the source is located in, doing business in, planning to do business in, or has done business during the previous two years in your agency's jurisdiction. See Reference Pamphlet, page 13, for more information about doing business in the jurisdiction. Reportable sources of income may be further limited by your disclosure category located in your agency's conflict of interest code. Reporting Business Positions: You must report your job title with each reportable business entity even if you received no income during the reporting period. Use the comments section to indicate that no income was received. Commonly reportable income and loans Include: • Salary/wages, per diem, and reimbursement for expenses including travel payments provided by your employer • Community property interest (50%) in your spouse's or registered domestic partner's income - report the employer's name and all other required information • Income from investment interests, such as partnerships, reported on Schedule A-1 • Commission income not required to be reported on Schedule A-2 (See Reference Pamphlet, page 8.) • Gross income from any sale, including the sale of a house or car (Report your pro rata share of the total sale price.) • Rental income not required to be reported on Schedule B • Prizes or awards not disclosed as gifts • Payments received on loans you made to others, including loan repayments from a campaign committee (including a candidate's own campaign committee) • An honorarium received prior to becoming a public official (See Reference Pamphlet, page 10, concerning your ability to receive future honoraria.) • Incentive compensation (See Reference Pamphlet, page 12.) Reminders • Code filers — your disclosure categories may not require disclosure of all sources of income. • If you or your spouse or registered domestic partner are self-employed, report the business entity on Schedule A-2. • Do not disclose on Schedule C income, loans, or business positions already reported on Schedules A-2 or B. You are nig required to report: • Salary, reimbursement for expenses or per diem, or social security, disability, or other similar benefit payments received by you or your spouse or registered domestic partner from a federal, state, or local government agency. • Stock dividends and income from the sale of stock unless the source can be identified. • Income from a PERS retirement account. See Reference Pamphlet, page 11, for more exceptions to income reporting. To Complete Schedule C: Part 1. Income RecelvedlBusiness Position Disclosure • Disclose the name and address of each source of income or each business entity with which you held a business position. • Provide a general description of the business activity if the source is a business entity. • Check the box indicating the amount of gross income received. • Identify the consideration for which the income was received. • For income from commission sales, check the box indicating the gross income received and list the name of each source of commission income of $10,000 or more. See Reference Pamphlet, page 8. Note: If you receive commission income on a regular basis or have an ownership interest of 10% or more, you must disclose the business entity and the income on Schedule A-2. • Disclose the job title or business position, if any, that you held with the business entity, even if you did not receive income during the reporting period. Part 2. Loans Received or Outstanding During the Reporting Period • Provide the name and address of the lender. • Provide a general description of the business activity if the lender is a business entity. • Check the box indicating the highest balance of the loan during the reporting period. • Disclose the interest rate and the term of the loan. For variable interest rate loans, disclose the conditions of the loan (e.g., Prime + 2) or the average interest rate paid during the reporting period. The term of the loan is the total number of months or years given for repayment of the loan at the time the loan was entered into. • Identify the security, if any, for the loan. FPPC Form 700(2014/2015) FPPC Advice Email: advlce@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Instructions — 13 ► 1. INCOME RECEIVED SCHEDULE C Income, Loans, & Business Positions (Other than Gifts and Travel Payments) NAME OF SOURCE OF INCOME ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE YOUR BUSINESS POSITION GROSS INCOME RECEIVED ❑ 8500 - $1,000 ❑ 810,001 - $100,000 ❑ $1,001 - $10,000 0 OVER $100,000 CONSIDERATION FOR WHICH INCOME WAS RECEIVED ❑ Salary ❑ Spouse's or registered domestic partner's income (For se f-emp eyed use Schedule A-2.) 0 Partnership (Less than 10% ownership. Far110% or greater use Schedule A-2.) ❑ Sale of ❑ Loan repayment 0 Commission or ❑ Rental Income, Irrt each source of Y10,000 or more (Real property, car, boat, etc) (Describe) ❑ Other (Describe) ► I, INCOME RECEIVED CALIFORNIA FORM 700 R41R POLITICAL V=fdA 1. TICrS ( or,IVIsSIU4 Name NAME OF SOURCE OF INCOME ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE YOUR BUSINESS POSITION GROSS INCOME RECEIVED ❑ $500 - $1,000 ❑ $1,001 - $10,000 ❑ 810,001 - $100,000 ❑ OVER 8100,000 CONSIDERATION FOR WHICH INCOME WAS RECEIVED 0 Salary ❑ Spouse's or registered domestic partner's income (For self-employed use Schedule A-2.) 0 Partnership (Less than 10% ownership. For 10% or greater use Schedule A-2.) ❑ Sale of ❑ Loan repayment ❑ Commission or ❑ Other (Real property, car, boat, etc.) ❑ Rental Income, est each source of 510,000 or more - - (Describe) (Descebe) I. 2. LOANS RECEIVED OR OUTSTANDING DURING THE REPORTING PERIOD You are not required to report loans from commercial lending institutions, or any indebtedness created as part of a retail installment or credit card transaction, made in the lender's regular course of business on terms available to members of the public without regard to your official status. Personal loans and loans received not in a lender's regular course of business must be disclosed as follows: NAME OF LENDER* ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF LENDER HIGHEST BALANCE DURING REPORTING PERIOD 0 $500 - $1,000 ❑ $1,001 - 510,000 ❑ sio,00i - $100,000 ❑ OVER $100,000 Comments: — INTEREST RATE % ❑ None SECURITY FOR LOAN 0 None ❑ Personal residence ❑ Real Property Street address TERM (MonthsiYears) 0 Guarantor — __ _ 0 Other City (Describe) FPPC Form 700 (2014/2015) Sch. C FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Instructions - Schedule D Income - Gifts A gift is anything of value for which you have not provided equal or greater consideration to the donor. A gift is reportable if its fair market value is $50 or more. In addition, multiple gifts totaling $50 or more received during the reporting period from a single source must be reported. It is the acceptance of a gift, not the ultimate use to which it is put, that imposes your reporting obligation. Except as noted below, you must report a gift even if you never used it or if you gave it away to another person. If the exact amount of a gift is unknown, you must make a good faith estimate of the item's fair market value. Listing the value of a gift as "over $50" or "value unknown" is not adequate disclosure. In addition, if you received a gift through an intermediary, you must disclose the name, address, and business activity of both the donor and the intermediary. You may indicate an intermediary either in the "source" field after the name or in the "comments" section at the bottom of Schedule D. Commonly reportable gifts include: • Tickets/passes to sporting or entertainment events • Tickets/passes to amusement parks • Parking passes not used for official agency business • Food, beverages, and accommodations, including those provided in direct connection with your attendance at a convention, conference, meeting, social event, meal, or like gathering • Rebates/discounts not made in the regular course of business to members of the public without regard to official status • Wedding gifts (See Reference Pamphlet, page 16) • An honorarium received prior to assuming office (You may report an honorarium as income on Schedule C, rather than as a gift on Schedule D, if you provided services of equal or greater value than the payment received. See Reference Pamphlet, page 10, regarding your ability to receive future honoraria.) • Transportation and lodging (See Schedule E.) • Forgiveness of a loan received by you You are not required to disclose: • Gifts that were not used and that, within 30 days after receipt, were retumed to the donor or delivered to a charitable organization or govemment agency without Reminders • Gifts from a single source are subject to a $440 limit during 2014. See Reference Pamphlet, page 10. • Code filers — you only need to report gifts from reportable sources. Gift Tracking Mobile Application • FPPC has created a gift tracking app for mobile devices that helps filers track gifts and provides a quick and easy way to upload the information to the Form 700. Visit FPPC's website to download the app. being claimed by you as a charitable contribution for tax purposes • Gifts from your spouse or registered domestic partner, child, parent, grandparent, grandchild, brother, sister, and certain other famly members (See Regulation 18942 for a complete list.). The exception does not apply if the donor was acting as an agent or intermediary for a reportable source who was the true donor. • Gifts of similar value exchanged between you and an individual, other than a lobbyist registered to lobby your state agency, on holidays, birthdays, or similar occasions • Gifts of informational material provided to assist you in the performance of your official duties (e.g., books, pamphlets, reports, calendars, periodicals, or educational seminars) • A monetary bequest or inheritance (However, inherited investments or real property may be reportable on other schedules.) • Personalized plaques or trophies with an individual value of less than $250 • Campaign contributions • Up to two tickets, for your own use, to attend a fundraiser for a campaign committee or candidate, or to a fundraiser for an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. The ticket must be received from the organization or committee holding the fundraiser. • Gifts given to members of your immediate family if the source has an established relationship with the family member and there is no evidence to suggest the donor had a purpose to influence you. (See Regulation 18943.) • Free admission, food, and nominal items (such as a pen, pencil, mouse pad, note pad or similar item) available to all attendees, at the event at which the official makes a speech (as defined in Regulation 18950(b)(2)), so long as the admission is provided by the person who organizes the event. • Any other payment not identified above, that would otherwise meet the definition of gift, where the payment is made by an individual who is not a lobbyist registered to lobby the official's state agency, where it is clear that the gift was made because of an existing personal or business relationship unrelated to the official's position and there is no evidence whatsoever at the time the gift is made to suggest the donor had a purpose to influence you. To Complete Schedule D: • Disclose the full name (not an acronym), address, and, if a business entity, the business activity of the source. • Provide the date (month, day, and year) of receipt, and disclose the fair market value and description of the gift. FPPC Form 700(2014/2015) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Instructions —15 SCHEDULE D Income — Gifts I. NAME OF SOURCE (Not an Acronym) ADDRESS (Business Addn3ss Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm/dd/yy) VALUE DESCRIPTION OF GIFT(S) P. NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm/dd/yy) VALUE DESCRIPTION OF GIFT(S) S ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm/dd/yy) VALUE Comments: _ DESCRIPTION OF GIFT(S) CALIFORNIA FORM 700 FAIR POLI I KCAL FRAC iIc s F:0I.1r,ISSIO[J Name Y. NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mnJdd/yy) VALUE DESCRIPTION OF GIFT(S) ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm/dd/yy) VALUE DESCRIPTION OF GIFT(S) ► NAME OF SOURCE (Nat an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm/dd/yy) VALUE DESCRIPTION OF GIFT(S) FPPC Form 700 (2014/2015) Sch. D FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Instructions — Schedule E Travel Payments, Advances, and Reimbursements Travel payments reportable on Schedule E include advances and reimbursements for travel and related expenses, including lodging and meals. Gifts of travel may be subject to the gift limit. In addition, certain travel payments are reportable gifts, but are not subject to the gift limit. To avoid possible misinterpretation or the perception that you have received a gift in excess of the gift limit, you may wish to provide a specific description of the purpose of your travel. See the FPPC fact sheet entitled "Limitations and Restrictions on Gifts, Honoraria, Travel, and Loans" at www.fppc.ca.gov. You are IBA required to disclose: • Travel payments received from any state, local, or federal government agency for which you provided services equal or greater in value than the payments received, such as reimbursement for travel on agency business from your government agency employer. • A payment for travel from another local, state, or federal government agency and related per diem expenses when the travel is for education, training or other inter -agency programs or purposes. • Travel payments received from your employer in the normal course of your employment that are included in the income reported on Schedule C • A travel payment that was received from a non-profit entity exempt from taxation under Internal Revenue Code Section 501(o)(3) for which you provided equal or greater consideration, such as reimbursement for travel on business for a 501(c)(3) organization for which you are a board member. Note: Effective January, 2014, certain travel payments may not be reportable if reported on Form 801 by your agency. To Complete Schedule E: • Disclose the full name (not an acronym) and address of the source of the travel payment. • Identify the business activity if the source is a business entity. • Check the box to identify the payment as a gift or income, report the amount, and disdose the date(s). Travel payments are gifts if you did not provide services that were equal to or greater in value than the payments received. You must disclose gifts totaling $50 or more from a single source during the period covered by the statement. When reporting travel payments that are gifts, you must provide a description of the gift and the date(s) received. Travel payments are income if you provided services that were equal to or greater in value than the payments received. You must disclose income totaling $500 or more from a single source during the period covered by the statement. You have the burden of proving the payments are income rather than gifts. When reporting travel payments as income, you must describe the services you provided in exchange for the payment. You are not required to disclose the date(s) for travel payments that are income. Example: City council member Rick Chandler is the chairman of a 501 (c)(6) trade association and the association pays for Rick's travel to attend its meetings. Because Rick is deemed to be providing equal or greater consideration for the travel payment by virtue of serving on the board, this payment may be reported as income. Payments for Rick to attend other events for which Rick is not providing services are likely considered gifts. ▪ hug Health Services Trade Association 1230 K street, Ste. 670 CITY AND STATE Sacramento, CA EVSYE56 ACTIVITY. I. Mr CF SCt0CE ❑ E91,001 Association or Healthcare Workers CATE;S,'J_ AVT $ 608,00 TYPP ,61 PAYWNT ,must clwrk noel o GM IM Inulme DEScn PTOA Travel reimbursement for board meeting FPPC Form 700(2014/2015) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Instructions -17 SCHEDULE E Income — Gifts Travel Payments, Advances, and Reimbursements CALIFORNIA FORM 700 FAIR POLITIC q.'_ PIU,C FIL'« Co:,lr1IssJOr: Name • Mark either the gift or income box. • Mark the "501(c)(3)" box for a travel payment received from a nonprofit 501(c)(3) organization or the "Speech" box if you made a speech or participated in a panel. These payments are not subject to the $440 gift limit, but may result in a disqualifying conflict of interest. ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE ❑ 501 (c)(3) or DESCRIBE BUSINESS ACTIVITY IF ANY, OF SOURCE - AMT::_ Of gift) TYPE OF PAYMENT: (must check one) ❑ Gift ❑ Income ❑ Made a Speech/Participated in a Panel ❑ Other - Provide Description P. NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE 0 501 (c)(3) or DESCRIBE BUSINESS ACTNITY, IF ANY, OF SOURCE DATE(S): (If gift) AMT• TYPE OF PAYMENT: (must check one) ❑ Gift 0 Income n Made a Speech/Participated in a Panel ❑ Other - Provide Description Comments: ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE ❑ 501 (c)(3) or DESCRIBE BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE(S)• - _/_/_ AMT: 5 (If gift) TYPE OF PAYMENT: (must check one) ❑ Gift 0 Income ❑ Made a Speech/Participated in a Panel ❑ Other - Provide Description ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE ❑ 501 (c)(3) or DESCRIBE BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE(S)'_/-/ - AMT: S Of gift) TYPE OF PAYMENT: (must check one) 0 Gift ❑ Income 0 Made a Speech/Participated in a Panel ❑ Other - Provide Description ' FPPC Form 700 (2014/2015) Sch. E FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov SECTION 7 Section 7 This portion of the handbook ie provided electronically on CD. MIN WATSON GERSHON % o ATTORNEYS AT LAW - A PROFESSIONAL CORPORATION ger REPRESENTING CALIFORNIA CITIES AND PUBLIC AND PRIVATE ENTITIES SINCE 1954 CONFLICTS OF INTEREST HANDBOOK) Summary of the Major Provisions and Requirements of the Principal Conflicts of Interest Laws • Selected Regulations of The Fair Political Practices Commission Title 2, Division 6, California Code of Regulations • Text of Government Code Sections 1090-1099 • Updated with Changes Effective January 1, 2014 SECTION 8 Section 8 This portion of the handbook is provided electronically on CD. Iq 1 RICHARDS WATSON GERSHON .\ W Al ioRNEYS AT LAW - A PROFESSIONA1. CORPORATION • 4, REPRESENTING CALIFORNIA CITIES AND PUBLIC AND PRIVATE ENTITIES SINCE 3954 RALPH M. BROWN ACT HANDBOOK Summary of the Major Provisions and Requirements of The Ralph M. Brown Act • Text of the Ralph M. Brown Act • Updated with Changes Effective January i, 2014 SECTION 9 Section 9 This portion of the handbook is provided electronically on CD. MO; RICHARDS WATSON GERSHON we ATTORNEYS AT LAW - A PROIL SS1ONAL CORPORA1fON REPRESENT}NG CALIFORNIA CITIES AND PUBLIC AND PRIVATE ENTITIES SINCE 1954 PUBLIC RECORDS ACT HANDBOOK Summary of the Major Provisions and Requirements of the Public Records Act and Related Topics • Electronic Records • Text of the Public Records Act • Updated with Changes Effective January 1, 2014 SECTION 10 CITY OF TEMECULA 41000 Main Street Temecula, California 92590 Reception Desk Phone: (951) 694-6444 Mayor/City Council Phone: (951) 506-5100 Website: http://www.cityoftemecula.org RESOURCE LIST COUNCIL MEMBERS Michael S. Naggar Mayor Pro Tern (mnaggar@citycouncil.org) Maryann Edwards Mayor Pro Tempore(maryann.edwards@citycouncil.org) Jeff Comerchero Mayer Council Member (jcomerchero@ ' citycouncil.org) Michael McCracken Council Member(michael.mccracken@citycouncil.org) Matt E. Rahn Council Member (mrahn@citycouncil.org) EXECUTIVE STAFF Aaron Adams Greg Butler Randi Johl Jennifer Hennessy Kevin Hawkins Thomas Garcia Luke Watson Mike Heslin Isaac Garibay Peter M. Thorson Jeff Kubel Curtis Brown City Manager (506-5100) (aaron.adams@cityoftemecula.org) Assistant City Manager (693-3961) (greg.butler@cityoftemecula.org) City Clerk (694-6444) (randi.johl@cityoftemecula.org) Director of Finance (694-6430)(jennifer.hennessy@cityoftemecula.org) Director Community Services (694-6480)(kevin.hawkins@cityoftemecula.org) Director of Public Works/City Engineer (694-6432)(thomas.garcia@cityoftemecula.org) Director of Community Development (694-6400) (luke.watson@cityoftemecula.org) Deputy Director of Information Systems (308-6300) (mike.heslin@cityoftemecula.org) Human Resouices Department Head (694-0490) (Isaac.garlbav(&cityofternecula.crci) City Attorney Richards, Watson & Gershon 355 South Grand Avenue, 40th Floor Los Angeles, California 90071-3101 Phone: (213) 626-8484 Chief of Police P. O. Box 892050, Temecula 92589 30755-A Auld Road, Murrieta 92563 Office: (951) 696-3000 Non -Emergency: (800) 950-2444 Division Fire Chief City of Temecula Fire Services 41000 Main Street, Temecula, CA 92590 Phone: 951-694-6405 Station #12 (Mercedes) 676-2161, Station #73 (Enterprise Circle W.) 699-4517, Station #83 (Sky Canyon) 696-0962, Station #84 (Pauba) 693-0683, Station #92 (Wolf Valley) 302-1497 Item No. 8 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: January 12, 2016 SUBJECT: Adopt Updated Complimentary Ticket Policy PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council adopt the updated complimentary ticket policy. BACKGROUND: This item is being brought to the City Council as a general housekeeping measure to ensure the City's Complimentary Ticket Policy is in compliance with current Fair Political Practices Commission (FPPC) regulations. On December 17, 2015, the FPPC amended Regulation No. 18944.1 pertaining to Agency Provided Tickets and Passes. The substantive changes to the regulation are as follows: (1) In addition to forwarding a completed Form 802 to the FPPC upon ticket distribution and usage, an agency must also post the Form 802 within 45 days on its own website. While many agencies, including the City of Temecula, were already posting the form on their respective websites as a best practice, previously it was not a requirement with a specific deadline in the regulation itself. (2) An agency must post its complimentary ticket policy on the agency's website. Again, while many agencies, including the City of Temecula, were already posting their ticket policies on their respective websites as a best practice, previously it was not a requirement in the regulation itself. The proposed changes to the City's policy are redlined in the attached document for ease of reference. A clean version of the document will be distributed electronically to the FPPC, City Council and staff after final approval by the City Council. FISCAL IMPACT: None ATTACHMENTS: Complimentary Ticket Policy CITY OF TEMECULA COMPLIMENTARY TICKET POLICY 1. Purpose. This policy governs the distribution of complimentary tickets or passes received by the City, or at the behest of a City official, to a facility, event, show or performance for entertainment, amusement, recreational or similar purposes (the "Event"). Many of the rental agreements for the various musical and theatrical performances taking place at the Old Town Temecula Community Theater or other City -owned venues ("City Venues") require that booking entities provide a limited number of complimentary tickets to the City for performances. Additionally, the City is a sponsor of many other events in the community providing funds for the event or in-kind services to support the event ("City Sponsored Events"). The organizers of these specific events and other events within the City and County often provide the City with complimentary tickets to the event. The purpose of this Policy is to establish a fair and equitable process for the distribution of complimentary tickets to the City in compliance with the requirements of Section 18944.1 of the Fair Political Practices Commission Regulations. This Policy is subject to all applicable FPPC Regulations and the Political Reform Act, as now exist or may hereafter be added or amended, including, without limitation, definitions. (These regulations can be found at Title 2 of the California Code of Regulations and will be referred to as "FPPC Regulation"). 2. Distribution of Complimentary Tickets by the City. The City shall have sole discretion to determine who shall receive the complimentary tickets for Events that are provided to the City. a. City Council. The City Manager may provide two complimentary tickets for each Council Member for an Event. An Event shall only include one performance during each engagement at the City Venues or for the City -Sponsored Event or other Event. (1) The tickets shall be used by the Council Member, his or her immediate family or no more than one guest solely for their personal use. The Council Member receiving complimentary tickets shall not transfer a ticket to any other person, except to members of the Council Member's immediate family or no more than one guest solely for their attendance at the Event. (2) The public and governmental purpose of providing the complimentary tickets to Council Members for an Event is (1) to enable them to advertise and promote the City of Temecula, (2) to monitor and evaluate the City Venues and the quality of performances and/or (3) to monitor and evaluate the value of the City -Sponsored Event to the City and their compliance with City policies, agreements and other requirements. 1808338.2 1 (3) Council Members may purchase at face value additional tickets to performances at the City Venues or to the City Sponsored Event, but no more than two complimentary tickets or passes will be provided as described in this Section. (4) If complimentary tickets are provided to a City official for an Event at which the official performs a ceremonial role, the ticket is not a gift but shall be reported as provided in this Policy. b. City Employee. The City Manager may distribute two complimentary tickets for a performance at a City Venue or a City Sponsored Event or other Event to a City employee on an equitable basis. The tickets shall be used by the City employee, the City employee's immediate family or no more than one guest solely for their personal use. (1) The City employee receiving the complimentary tickets shall not transfer the complimentary tickets, except to members of the City employee's immediate family or no more than one guest solely for their attendance at the Event. (2) The purpose of providing the complimentary tickets to a City Employee is (1) to enable the employee to advertise and promote the City of Temecula, (2) to monitor and evaluate the City Venues and the quality of performances, (3) to evaluate the value_of the City -Sponsored Event to the City and its compliance with City policies,_agreements and other requirements, and/(or) (4) to enhance employee morale. c. The City Manager may distribute complimentary tickets for an Event to non-profit community service groups who have received or are eligible for Community Service funding from the City. d. The City Manager may distribute complimentary tickets for an Event to persons participating in recreational, educational or cultural programs administered by the City or for other lawful purposes; provided, however, that complimentary tickets shall only be distributed to City Council Members and City employees, their immediate family or no more than one guest in accordance with this Policy. e. The attendance of a City employee at an Event for the purpose of carrying out the employee's job duties or for the purpose of providing services on behalf of the City for the Event, shall not be deemed to be the distribution of a complimentary ticket and does not need to be reported as otherwise provided in this Policy. f. Complimentary tickets to Events shall be distributed to City officials and employees under procedures designated by the City Manager, provided the manner of distribution conforms to this Policy and can be documented and reported as required by this Policy. 1808338.2 2 g. Any complimentary tickets for City Venues which are not distributed under this Policy may be sold by the City to the public. h. Complimentary tickets distributed to those persons described in this Policy shall not be transferred except as provided in this Policy and shall not be sold. i. Except for the provisions outlined in this Policy, this Policy shall in no way restrict or prohibit the Staff at the Old Town Temecula Community Theater from issuing complimentary tickets compliant with the normal and customary business practices associated with promoting theatrical events and concerts to the general public. The public and governmental purposes of providing these complimentary tickets is to promote and advertise the City of Temecula and, particularly the Old Town Temecula Community Theater, to the public and the entertainment community and to develop quality entertainment for the Theater. City Council members and City employees receiving complimentary tickets shall not transfer a ticket to any other person, except to members of the person' s immediate family or no more than one guest solely for their attendance at the Old Town Temecula Community Theater Event. 3. Complimentary Tickets Under this Policy Not Subject to Gift Regulations; Other Benefits Could Be Gifts. a. The distribution of complimentary tickets pursuant to this Policy shall not constitute a "gift" to the City Council Member or City employee pursuant to the terms of FPPC Regulation 18940; provided, however, that other benefits, such as food or beverage or other gifts provided to an official that are not part of the admission provided to all members of the public with the same class of ticket, will need to be accounted for as gifts. b. If the City receives complimentary tickets that are earmarked for particular City officials, then the tickets are considered gifts to that particular official. If these tickets not returned or donated, unused, to the provider, or if the City official does not reimburse the donor the full value of a ticket, within thirty (30) days of receipt, then the official must comply with the applicable FPPC gift limit regulations and reporting regulations. 4. Reporting of Complimentary Tickets. The distribution of the tickets and the use of any passes pursuant to this Policy shall be documented by the preparation and certification of the Fair Political Practices Commission Form 802. Within thirty (30) forty-five (45) calendar days of the distribution of a ticket or the use of a pass the City Manager, or his designee, shall prepare and certify Form 802, forward the Form 802 to the FPPC for posting on the FPPC's website, maintain the Form 802 as a public record and post it on the City's Website. This Policy shall be posted on the City website in a prominent fashion. 5. Complimentary Tickets to Political, Non -Profit and 501(c)(3) Organization Fundraisers. The reporting requirements for complimentary tickets to 1808338.2 3 1 political, non-profit and 501(c)(3) organization fundraising events are governed by FPPC Regulation 18946.4 and the City has no jurisdiction to modify the reporting requirements. These complimentary tickets are referenced in this Policy as a convenience to persons seeking information concern distribution of complimentary tickets. Pursuant to FPPC Regulation 18946.4, all complimentary tickets provided directly to a City official to political, non-profit or 501(c)(3) organization fundraising events are reportable as gifts on an official's Economic Disclosure Form 700 and are subject to the annual gift limit (currently $460 per calendar year) unless one of the following narrow exceptions applies: • A City official may receive two complimentary tickets from a 501(c)(3) charitable organization to its fundraising event that shall be deemed to have no value. The official must make sure that the charity is a valid Internal Revenue Service 501(c)(3) organization because not all "non-profit organizations" are 501(c)(3) organizations. Also, additional complimentary tickets or admissions by invitations, or a gift of a ticket or tickets to a 501(c)(3) charitable organization's fundraising event to an official from a third party other than the 501(c)(3) charitable organization, are gifts to the official subject to the gift limit and reportable on Form 700. • A City official may receive two complimentary tickets to a political fundraising event for a political committee as defined in Government Code Section 82013(a), or a comparable committee regulated under federal law or the laws of another state holding an event in California, that shall be deemed to have no value. Also, additional complimentary tickets or admissions by invitations, or a gift of a ticket or tickets to a political committee or candidate's fundraising event to an official from a third party other than the committee or candidate sponsoring it, are gifts to the official subject to the gift limit and reportable on Form 700. FPPC Regulation 18946.4 contains detailed regulations concerning the calculation of the value of tickets to political and non-profit fundraisers when such tickets must be reported. Complimentary tickets to a fundraising event for non-profit organizations donated to the City without designation of who should attend will be distributed as otherwise provided in this Policy. 6. Effective Date. This Policy shall be effective on the effective date of Resolution No. 165-. This Complimentary Ticket Policy was approved by Resolution No. 165- of the City Council on [month] [day], 20165. Randi Johl City Clerk 1808338.2 4 1808338.2 5 Item No. 9 Approvals City Attorney Finance Director City Manager M� CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: January 12, 2016 SUBJECT: Adopt Ordinance 15-14 for Uptown Temecula Specific Plan New Streets In -Lieu Fee (Second Reading) PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council adopt an ordinance entitled: ORDINANCE NO. 15-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING CHAPTER 15.20, UPTOWN TEMECULA SPECIFIC PLAN NEW STREETS IN -LIEU FEE, AND MAKING FINDINGS THAT NO FURTHER CEQA REVIEW IS REQUIRED BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. With the exception of urgency ordinances, Government Code Section 36934 requires two readings of standard ordinances more than five days apart. Ordinances must be read in full at the time of introduction or passage unless a motion waiving the reading is adopted by a majority of the City Council present. Ordinance No. 15-14 was first introduced at the regularly scheduled meeting of December 8, 2015. FISCAL IMPACT: None ATTACHMENTS: Ordinance ORDINANCE NO. 15-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING CHAPTER 15.20, UPTOWN TEMECULA SPECIFIC PLAN NEW STREETS IN -LIEU FEE, AND MAKING FINDINGS THAT NO FURTHER CEQA REVIEW IS REQUIRED THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Recitals. The City Council of the City of Temecula does hereby find, determine and declare that: A. Keyser Marston Associates prepared a New Streets In -Lieu Fee Nexus Study for Uptown Temecula Specific Plan, dated August, 2015 (the "Fee Study"), that analyzes the impact of development within the Uptown Temecula Specific Plan Area on the need for certain street improvements and calculated the in -lieu fee based on that analysis. B. The period of greater than ten (10) days prior to adoption of this chapter, data has been available to the public, and to developers and their representative, indicating the cost of estimated cost of the streets to be funded, the revenue sources anticipated and means of spending these costs. C. On November 17, 2015, the City Council held a duly noticed open and public meeting, at which it considered the proposed adoption of the in -lieu fee for streets within the Uptown Temecula Specific Plan Area ("In -Lieu Fee"). The Fee Study, which contains data indicating the estimated cost, required to provide the streets for which the In -Lieu Fee would be levied and the revenue sources anticipated to provide the service, was made available to the public at least ten days prior to the date of this City Council meeting. D. On November 17, 2015, the City Council held a duly noticed public hearing regarding the adoption of the In -Lieu Fee and this Ordinance. Following the receipt of all staff reports, public testimony and other evidence, the public hearing was continued to the December 8, 2015 City Council meeting. E. On November 17, 2015 the Council adopted Resolution No. 15-65 certifying the Environmental Impact Report for the Uptown Temecula Specific Plan and adopting the Mitigation and Monitoring Program ("EIR"). The EIR analyzed the environmental impacts of the streets proposed by the Specific Plan which streets were proposed to be funded by the In -Lieu Fee. The City staff has evaluated the potential environmental impacts of the adoption of this specific Ordinance, pursuant to the California Environmental Quality Act ("CEQA"). City staff has determined that these actions do not constitute a "project" under CEQA pursuant to State CEQA Guidelines Section 15378(b)(4) because these actions involve the creation of a government funding mechanism for public improvements that have been fully analyzed under the EIR. In addition, City Staff has determined that these actions are categorically exempt from CEQA under CEQA guidelines Section 15273(a)(4) because these actions and documents are merely establishing an in -fee to obtain funds for public improvements that have been fully analyzed by the EIR. F. All prerequisites to the adoption of this Ordinance as specified by the Mitigation Fee Act (California Government Code Section 66000 et seq.) and other applicable laws have been satisfied. Section 2. Chapter 15.20, Uptown Temecula Specific Plan New Streets In - Lieu Fee, is hereby added to the Temecula Municipal Code to read as follows: "CHAPTER 15.20, UPTOWN TEMECULA SPECIFIC PLAN NEW STREETS IN - LIEU FEE 15.20.010 Findings and Intent 15.20.020 Definitions 15.20.030 In -Lieu Fees and In -Lieu Fee Credits 15.20.040 Establishment and Administration of Uptown Temecula Specific Plan New Streets In -Lieu Fee Fund 15.20.050 Payment 15.20.060 Severability 15.20.010 Findings and Intent. The City Council finds, determines and declares that: A. During the visioning process for the Uptown Temecula Specific Plan ("Specific Plan"), the community identified the importance of improving the future viability of alternative transportation modes, including walking, biking and transit, and getting people out of their cars. The community also identified the need to improve circulation for all modes of transportation, and ensure that the existing street network is expanded and additional internal street connections are made to sustain the future intensification of the area. As a result of this visioning recommendation, the Specific Plan requires smaller blocks and new streets to achieve and implement the future vision: a multi -modal interconnected street network within the Specific Plan area, which improves circulation for vehicles, bicycles, pedestrian and transit. B. In towns prior to World War II, streets were commonly designed to accommodate pedestrians. Street layouts were planned to create smaller blocks, which created compact downtowns. This enabled people to easily walk between stores and shops. The best local example of this is the street grid in Old Town. Temecula's growth accelerated during the 1960's, and new development extended north and south of Old Town. The Specific Plan Area was zoned for commercial uses, and excluded residential uses. In the 1960's and 1970's, streets were optimized for automobiles, and were designed to move as many cars as quickly as possible. This was achieved through the use of wide streets, gentle curves and large blocks. Large blocks resulted in fewer intersections and wide straight streets enabled faster traffic speeds. For pedestrians, this resulted in long walking distances on sidewalks that were next to fast moving traffic. Also, wide streets have longer crosswalks, and require more time for pedestrians to cross. The experience of walking on Temecula Avenue is perceived by pedestrians as not very safe, comfortable or interesting. C. The future vision for Specific Plan Area is a vibrant, pedestrian -friendly, urban district within the City of Temecula. The goal is to support a mix of uses, including residential. Accordingly, the Specific Plan calls for streets that achieve a better balance between the needs of pedestrians, bicycles, cars and public transit. The creation of smaller blocks in Uptown Temecula Specific Plan area is a key strategy to achieve a multi -modal street network. Smaller blocks will provide safe, convenient and walkable routes to neighborhood conveniences, parks, and open spaces. Smaller blocks will also support the mobility of those that live, work and play in the Specific Plan Area and help create a destination for those visiting the area. D. The following objectives in the Specific Plan summarize how the Street, Block and Alley Design Guidelines of the Specific Plan will achieve improved multi- modal mobility, increased circulation and better connectivity within the specific plan area. 1. Expand upon the existing street network to promote a walkable, pedestrian friendly urban environment by adding new streets, blocks and alleys to the current circulation network. 2. Retrofit existing streets to accommodate safe, innovative and comfortable pedestrian and bicycle facilities. 3. Implement new east/west linkages within the specific plan area, across Interstate -15, and across Murrieta Creek. 4. Encourage pedestrian access and connectivity to the future creek trail and planned park/recreation amenity planned on the north end of the project area. 5. Implement additional north/south linkages for vehicles, pedestrian, cyclists and transit, to connect the Specific Plan area to Old Town to the south, and Murrieta to the north. 6. Encourage the development of more logical block shapes, grid patterns, and smaller block sizes, to increase walkability and allow for enhanced way -finding. 7. Encourage greater intersection density by incentivizing the construction of additional streets and smaller blocks as properties redevelop. 8. Create new street frontage and visibility for isolated, landlocked parcels by adding new streets, blocks and alleys to the existing circulation network. E. It is the intent of the City to require every person who develops land within the Uptown Temecula Specific Plan Area to mitigate the impacts of that development by constructing or paying the In -Lieu Fee for the new streets required by that development as provided in the Specific Plan. F. Keyser Marston Associates, Inc., prepared the "New Streets In -Lieu Fee Nexus Study" for the Uptown Temecula Specific Plan dated as of August, 2015 ("Nexus Study"). Keyser Marston utilized the following methodology in conducting the Nexus Study and reaching its conclusions: 1. Reviewed the proposed new street system in terms of physical features and preliminary cost estimates. 2. Reviewed build -out projections for the Specific Plan by land use type, i.e., dwelling units, office space, retail space, and hotel rooms. 3. Reviewed comparable land and building sales values in the trade area. 4. Estimated the nexus amount of financial obligation for new streets that can be attributed to each land use type. 5. Evaluated the potential economic impact of the new streets in -lieu fee on new development. G. The Nexus Study concluded that the nexus -supported new streets in -lieu fee for residential uses is estimated at $12,701 per unit. The Nexus Study concluded that the nexus -supported new streets in -lieu fee for non-residential uses is estimated to range between $8.50 and $19.87 per square feet (SF). These in -lieu fees represent Keyser Marston's conclusion as to the nexus between the need for new streets in the Specific Plan Area and development and the nexus between the amount of such a fee and benefit to the development. H. There is a reasonable relationship between the streets to be paid for by the In -Lieu Fees, the amount of such fees, and the need for streets generated by the types of development projects within the Uptown Temecula Specific Plan on which they are imposed. Developers are paying their fair share of the costs of the new streets. 15.20.020 Definitions For the purposes of this chapter, the following words shall have the meanings set forth below: A. "Developer" shall mean the person who has applied for land use entitlements for a project within the Specific Plan Area subject to the applicable requirements of the City's Zoning Ordinance in Title 17 of this Code. B. "Hotel Uses" shall include those uses as specified in Chapter 3, of the Specific Plan. C. "In -Lieu Fee" shall mean the Uptown Temecula New Streets In -Lieu Fee established by Resolution of the City Council pursuant to this Chapter. D. "Office Uses" shall include those uses as specified in Chapter 3, of the Specific Plan. E. "Person" includes every person, firm or corporation constructing a dwelling unit directly or through the services of any employee, agent or independent contractor. F. "Residential Uses" shall include those uses as specified in Chapter 3, of the Specific Plan. G. "Retail Uses" shall include those uses as specified in Chapter 3, of the Specific Plan. H. "Specific Plan Area" shall mean the entire area of the City subject to the Uptown Temecula Specific Plan. "Streets" means those new streets and roads designated in the Specific Plan. J. "Study" means the "New Streets In -Lieu Fee Nexus Study" for the Uptown Temecula Specific Plan dated as of August 2015 prepared by Keyser Marston Associates, Inc. 15.20.030 In -Lieu Fees and In -Lieu Fee Credits A. The City Council shall by resolution establish and impose the Uptown Temecula Specific Plan New Streets In -Lieu Fee ("In -Lieu Fee"). B. The In -Lieu Fee shall include an annual escalator based upon an appropriate construction cost index that shall be designated in the Resolution of the City Council establishing the In -Lieu Fee. C. Every person who develops a Hotel Use, Office Use, Residential Use and Retail Use, or a combination thereof, in the Specific Plan Area after the effective date of the Ordinance adopting this chapter shall pay to the City the In -Lieu Fee pursuant to this Chapter. D. The Director of Community Development shall calculate the In -Lieu Fee applicable to the proposed project and notify the developer. Developer may appeal the calculation of the In -Lieu Fee as part of the decision on its application for land use approvals and pursuant to the procedures for appeal of a decision on such application. E. In the event that a developer develops a Hotel Use, Office Use, Residential Use or Retail Use, or a combination thereof, and constructs the Streets required for such uses by the land use approval, the developer shall be entitled to a credit on In -Lieu Fees applicable to its development in the amount of the actual costs for the design, design, right of way and construction of the streets within the time called for in the project's land use entitlements. City shall enter into an improvement agreement with developer that will guarantee completion of the design, right of way and construction of such streets within a specified period of time, provide for the estimate of such work and appropriate securities based thereon and such other matters as the City Manager deems necessary to implement the street work required for the development. City Manager shall be authorized to enter into such agreements on behalf of the City. F. In the event that the design, right of way and construction costs for the new street to be constructed by the developer will exceed the total In -Lieu Fee amount for the proposed project, the developer may apply for full or partial reimbursement of such costs from the Uptown Temecula New Streets In -Lieu Fee Fund, to the extent that sufficient money is available in such fund to cover such costs. City Manager shall be authorized to enter into such reimbursement agreements with the developer on behalf of the City. G. The developer may apply to the Director of Community Development for a determination that in the event that its proposed development project will have no impact on the streets for which the In -Lieu Fee would be charged and that such project should be exempted from the In -Lieu Fee. The Director of Community Development may approve, conditionally approve, or deny the owner's application. Developer may appeal the calculation of the In -Lieu Fee as part of the decision on its land use application and pursuant to the procedures for appeal of a land use decision. 15.20.040 Establishment and Administration of Uptown Temecula Specific Plan New Streets In -Lieu Fee Fund A. The Finance Director shall establish a special interest-bearing fund entitled "Uptown Temecula Specific Plan New Streets In -Lieu Fee Fund." All fees collected pursuant to this Chapter shall be deposited in this fund and shall be expended on the design, right of way, and construction, or a combination thereof, of the new streets designated in Specific Plan for the Specific Plan Area. B. The Finance Director shall report to the City Council the amounts in the Uptown Temecula Specific Plan New Streets In -Lieu Fee Fund and the expenditures made from the Fund, in the form and frequency required by law. 15.20.050 Payment A. The required In -Lieu Fee shall be due and paid on a lump -sum basis on the date of issuance of a building permit, final building inspection, or issuance of a certificate of occupancy, whichever occurs first; unless otherwise pre-empted by State law. B. For the purposes of this section, "final building inspection" shall mean the physical inspection of the building by the Building & Safety Division of the Community Development Department of the City of Temecula for compliance with all applicable building codes and the issuance by all applicable City, county, regional, state and federal agencies of their respective clearances for occupancy. C. For the purposes of this section, "certificate of occupancy" shall mean a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure, building or development conforms with all applicable provisions of the Temecula Municipal Code, ordinances and conditions of approval. 15.20.060 Severability If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end the provisions of this chapter are severable." PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of January, 2016. Michael S. Naggar, 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 Ordinance No. 15-14 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 8th day of December, 2015, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of January, 2016, the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Item No. 10 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Michael Heslin, Deputy Director of Information Technology DATE: January 12, 2016 SUBJECT: Approve a Five-year Master Lease Purchase Agreement with HP Financial Services for the Lease of Technology Infrastructure RECOMMENDATION: That the City Council: 1. Approve a Five-year Master Lease Purchase Agreement with HP Financial Services for the lease of Technology Infrastructure for an annual amount of $150,303.88 and for a total contract amount of $751,519.40, including tax; 2. Approve the contingency amount $75,151.94 which is equal to 10% of the contract amount, for a total contract amount of $826,671.34. BACKGROUND: The City of Temecula purchased existing technology infrastructure at the end of 2009. As the City has expanded the use of technology, this infrastructure is critical in keeping business systems running. The City's current infrastructure has officially gone "end of life" from HP and is recommended for replacement to increase efficiencies and avoid any outages or service interruptions. In addition, over the past several years, the City's data storage requirements have increased and performance of current infrastructure has decreased due to load on the system. City systems are being held back from newer features and performance improvements until the City moves to a supported technology infrastructure. The equipment and services recommended in the attached agreement will ensure the City's network provides a secure and stable foundation for the entire City's technology needs. On September 24, 2015, the City solicited a Request for Proposal (RFP) via the City's online bidding system, PlanetBids, for the lease and installer services for the technology infrastructure replacement. A total of 44 prospective vendors downloaded the RFP. On October 12, 2015, a total of three vendors submitted a proposal. Helixstorm, Inc., a local vendor with top IT certifications, was the most responsive bid in the amount of $751,519.40, including sales tax. The cost of the equipment and professional services will be directly leased through HP Financial Services. Helixstorm, Inc. is an authorized partner with HP Enterprise and certified to sell, install, configure, and support its products. This lease will consist of two semi-annual payments for a total of five years. FISCAL IMPACT: The anticipated five-year Lease Purchase cost of the Technology Infrastructure Replacement was originally budgeted at $600,000, which is reflected in the FY15- 16 Annual Budget as $120,000 per year. Adequate funds are available to pay the FY15-16 lease payments, and additional funds will be requested in subsequent fiscal years to pay the annual lease of $150,303.88. ATTACHMENTS: 1. Five-year Master Lease Purchase Agreement with HP Financial Services 2. Helixstorm, Inc. Quote 3. Incumbency Certificate Master Agreement Number 5324373181 Lessee's Organization Number Lessee's Tax Identification Number Lessee's UCC Section 9-307 Location STATE AND LOCAL GOVERNMENT MASTER LEASE PURCHASE AGREEMENT This State and Local Government Master Lease Purchase Agreement (together with Exhibits A and B attached hereto and hereby made a part hereof, (this "Master Agreement"), dated as of January 12, 2016, is entered into by and between Hewlett-Packard Financial Services Company,1 a Delaware corporation ("Lessor"), and City of Temecula, California an agency, department or political subdivision of the State of California ("Lessee"). Capitalized terms used in this Master Agreement without definition have the meanings ascribed to them in Section 31. 1. PURPOSE OF MASTER AGREEMENT. The purpose of this Master Agreement is to set forth the general terms and conditions upon which Lessor shall lease to Lessee, and Lessee shall lease from Lessor, items of Hardware, Software or both (the "Equipment"). In connection with its execution of this Master Agreement, Lessee shall deliver to Lessor an Officer's Certificate in form and substance acceptable to Lessor, executed by a duly authorized officer of Lessee and certifying as to, among other things, Lessee's authority to enter into this Master Agreement, and the authority of Lessee's officers or representatives specified therein to execute this Master Agreement and an opinion of Lessee's counsel in form and content satisfactory to Lessor. 2. COMMENCEMENT PROCEDURES. Subject to the other terms and conditions contained in this Master Agreement and the Schedule attached hereto as Exhibit "A", Lessee shall enter into the individual Lease (hereinafter defined) with Lessor as follows: (a) Execution of Schedule. Lessor and Lessee mutually agree to enter into a Lease by executing a Schedule in the form of Exhibit A with such changes as Lessor and Lessee shall have agreed to as conclusively evidenced by their execution thereof. Each such Schedule shall specifically identify (by serial number or other identifying characteristics) the items of Equipment to be leased under such Schedule. The Schedule attached as Exhibit "A", when executed by both Lessee and Lessor, together with this Master Agreement, shall constitute a separate and distinct lease ("Lease"), enforceable according to its terms. In the event of any conflict between the terms of this Master Agreement and such Schedule, the provisions of the Schedule shall govern. It is the parties' intent that this Master Agreement shall apply to only one Lease and the Schedule attached hereto as Exhibit "A". (b) Acceptance; Term of Leases. Lessee shall accept the Equipment subject to a Lease in accordance with Section 3. The Term of each Lease shall begin on the Acceptance Date of the Equipment subject to such Lease and shall continue for the period described in the applicable Schedule unless a Nonappropriation shall have occurred. (c) Adjustments to Schedule. Lessee acknowledges that the Total Cost of Equipment and the related Rent payments set forth in any Schedule may be estimates, and if the final invoice from the Seller attached to the related Acceptance Certificate(s) specifies a Total Cost that is less than the estimated Total Cost set forth in the Schedule, Lessee hereby authorizes Lessor to reduce the applicable Total Cost and Rent payment on the Schedule by up to ten percent (10%) to reflect such final invoice amount (the "Final Invoice Amount"). All references in this Master Agreement and any Schedule to Total Cost and Rent shall mean the amounts thereof specified in the applicable Schedule, as adjusted pursuant to this paragraph. (d) Payment by Lessor. Within 30 days after Lessee's delivery to Lessor of a properly completed and executed Acceptance Certificate and all other documentation necessary to establish Lessee's acceptance of such Equipment under the related Lease and Lessor's acceptance of such Acceptance Certificate, Lessor shall pay for the Equipment. Lessor shall not accept the Acceptance Certificate until it has received from Lessee (1) evidence of insurance with respect to the Equipment in compliance with Section 14 hereof, (2) a completed and executed original Form 8038-G or 8038 -GC, as applicable, or evidence of filing thereof with the Internal Revenue Service in the manner required by Code Section 149(e), and any other documents or items reasonably required by Lessor. Notwithstanding the foregoing, Lessor shall not be obligated to pay for the Equipment if a Lessee Default has occurred or an event has occurred and is continuing that with the passage of time or provision of notice would constitute a Lessee Default. Lessor and Lessee acknowledge that the date the Lessor pays for the Equipment shall be the issue date of the obligation for federal income tax purposes in accordance with the Code and no Rent shall accrue prior to such date. 3. ACCEPTANCE OF EQUIPMENT. (a) Inspection of Equipment. Lessee agrees to inspect all Equipment as soon as reasonably practicable after the delivery thereof to Lessee. (b) Acceptance Certificate. Upon the satisfactory inspection of the Equipment by Lessee, or if acceptance requirements for such Equipment are specified in the applicable Purchase Documents, as soon as such requirements are met, Lessee shall unconditionally and irrevocably accept the Equipment by executing and delivering to Lessor a properly completed Acceptance Certificate in substantially the form of Exhibit B. 4. RENT; LATE CHARGES. As rent ("Rent") for the Equipment under any Lease, Lessee agrees to pay the amounts specified in the applicable Schedule on the due dates specified in the applicable Schedule. Lessee agrees to pay Lessor interest on any Rent payment or other amount due hereunder that is not paid within 15 days of its due date, at the rate of 1-1/2% per month (or such lesser rate as is Authorized to do business in the name of Hewlett-Packard Financial Services Company, Inc. in the states of Alabama and New York. Page 1 of 10 MLPA 08-22-07 the maximum rate allowable under applicable law). Lessee will make provision for such payments in budgets submitted to its governing body for the purpose of obtaining funding for the payments. 5. TRANSFER OF EQUIPMENT ON EXPIRATION OF LEASE TERM. If Lessee has paid all Rent and all other amounts due under the Lease and has satisfied all other terms and conditions of the Lease, the Lease shall terminate and, except as provided in Section 28, Lessee shall be relieved of all of its obligations in favor of Lessor with respect to the Equipment and Lessor shall transfer all of its interest in such Equipment to Lessee "AS IS, WHERE IS," without any warranty, express or implied, from Lessor, other than the absence of any liens or claims by or through Lessor. 6. LEASES NON -CANCELABLE; NET LEASES; WAIVER OF DEFENSES TO PAYMENT. IT IS SPECIFICALLY UNDERSTOOD AND AGREED THAT EACH LEASE HEREUNDER SHALL BE NON -CANCELABLE (EXCEPT AS SET FORTH IN SECTION 7 HEREOF), AND THAT EACH LEASE HEREUNDER IS A NET LEASE SO THAT AMONG OTHER THINGS LESSEE SHALL PAY IN ADDITION TO THE RENT, TAXES, INSURANCE AND MAINTENANCE CHARGES RELATED TO THE EQUIPMENT. LESSEE AGREES THAT IT HAS AN ABSOLUTE AND UNCONDITIONAL OBLIGATION TO PAY ALL RENT AND OTHER AMOUNTS WHEN DUE. LESSEE HEREBY WAIVES ANY RECOUPMENT, CROSS-CLAIM, COUNTERCLAIM OR ANY OTHER DEFENSE AT LAW OR IN EQUITY TO ANY RENT OR OTHER AMOUNT DUE WITH RESPECT TO ANY LEASE, WHETHER ANY SUCH DEFENSE ARISES OUT OF THIS MASTER AGREEMENT, ANY SCHEDULE, ANY CLAIM BY LESSEE AGAINST LESSOR, LESSOR'S ASSIGNEES OR SUPPLIER OR OTHERWISE. IF THE EQUIPMENT IS NOT PROPERLY INSTALLED, DOES NOT OPERATE OR INTEGRATE AS REPRESENTED OR WARRANTED BY SUPPLIER OR IS UNSATISFACTORY FOR ANY REASON WHATSOEVER, LESSEE WILL MAKE ANY CLAIM ON ACCOUNT OF THOSE ISSUES SOLELY AGAINST SUPPLIER AND WILL NEVERTHELESS PAY ALL SUMS DUE WITH RESPECT TO EACH LEASE. 7. NONAPPROPRIATION. Notwithstanding anything contained in this Master Agreement to the contrary, in the event that sufficient funds are not appropriated and budgeted by Lessee's governing body or are not otherwise available from other legally available sources in any fiscal period for the payment of Rent and other amounts due under any Lease, the Lease shall terminate on the last day of the fiscal period for which appropriations were received or other amounts are available to pay amounts due under the Lease without penalty or expense to Lessee of any kind whatsoever, except as to the portions of Rent payments or other amounts herein agreed upon for which funds shall have been appropriated or are otherwise available. Lessee will immediately notify the Lessor or its assignee of such occurrence. In the event of such termination, Lessee shall immediately cease all use of the Equipment, and shall, at its sole expense and risk, immediately de -install, disassemble, pack, crate, insure, and return the Equipment subject to such Lease to Lessor (all in accordance with Section 10 of this Master Agreement). Such Equipment shall be in the same condition as when received by Lessee (reasonable wear, tear and depreciation resulting from normal and proper use excepted), shall be in good operating order and maintenance as required by this Lease, shall be free and clear of any liens (except Lessor's lien) and shall comply with all applicable laws and regulations. Lessee agrees to execute and deliver to Lessor all documents reasonably requested by Lessor or evidence the transfer of legal and beneficial title to such Equipment to Lessor and to evidence the termination of Lessee's interest in such Equipment. Lessor will have all legal and equitable rights and remedies to take possession of the Equipment. At Lessor's request, Lessee shall promptly provide supplemental documentation as to such Non -Appropriation satisfactory to Lessor. Lessee's exercise of its rights pursuant to this Section 7 shall not affect the survival of any indemnity and other provisions (other than the obligation to lease the Equipment and pay amounts due under the Lease) which survive the termination of the Lease. 8. ASSIGNMENT OF PURCHASE DOCUMENTS. Lessee assigns to Lessor all of Lessee's right, title and interest in and to (a) the Equipment described in each Schedule, and (b) the Purchase Documents relating to such Equipment. Such assignment of the Purchase Documents is an assignment of rights only; nothing in this Master Agreement shall be deemed to have relieved Lessee of any obligation or liability under any of the Purchase Documents, except that, as between Lessee and Lessor, Lessor shall pay for the Equipment in accordance with Section 2(d) hereof. Lessee represents and warrants that it has reviewed and approved the Purchase Documents. In addition, if Lessor shall so request, Lessee shall deliver to Lessor a document acceptable to Lessor whereby Seller acknowledges and provides any required consent to such assignment. For the avoidance of doubt, Lessee covenants and agrees that it shall at all times during the Term of each Lease comply in all respects with the terms of any License Agreement relating to any Equipment leased thereunder. IT IS ALSO SPECIFICALLY UNDERSTOOD AND AGREED THAT NEITHER SUPPLIER NOR ANY SALESPERSON OF SUPPLIER IS AN AGENT OF LESSOR, NOR ARE THEY AUTHORIZED TO WAIVE OR ALTER ANY TERMS OF THIS MASTER AGREEMENT OR ANY SCHEDULE. 9. ASSIGNMENT OF SUPPLIER WARRANTIES. To the extent permitted, Lessor hereby assigns to Lessee all Equipment warranties provided by any Supplier in the applicable Purchase Documents. Lessee shall have the right to take any action it deems appropriate to enforce such warranties provided such enforcement is pursued in Lessee's name and at its expense. In the event Lessee is precluded from enforcing any such warranty in its name and to the extent Lessor retains title to the Equipment, Lessor shall, upon Lessee's request, take reasonable steps to enforce such warranty. In such circumstances, Lessee shall, promptly upon demand, reimburse Lessor for all expenses incurred by Lessor in enforcing the Supplier warranty. Any recovery resulting from any such enforcement efforts shall be divided between Lessor and Lessee as their interests may appear. 10. EQUIPMENT RETURN REQUIREMENTS. At any time Lessee is required to return Equipment to Lessor under the terms of this Master Agreement or any Schedule, Lessee shall (a) wipe clean or permanently delete all data contained on the Equipment, including without limitation, any data contained on internal or external drives, discs, or accompanying media, and (b) pack the Equipment to be returned to Lessor in accordance with the manufacturer's guidelines and deliver such Equipment to Lessor at any destination within the continental United States designated by Lessor. In the case of any item of Software or License Agreement subject to a Schedule, at the time of the occurrence of a Non -Appropriation or a Lessee Default, Lessee shall also be automatically deemed to have reassigned any License Agreement, unless prohibited by such License Agreement, and shall immediately de -install and deliver to Lessor all Page 2 of 10 MLPA 08-22-07 Software, together with the original certificate of authenticity issued by the licensor of such Software, if any. All dismantling, packaging, transportation, in -transit insurance and shipping charges shall be borne by Lessee. All Equipment shall be returned to Lessor in the same condition and working order as when delivered to Lessee, reasonable wear and tear excepted, and except in the case of PC Equipment and Software, shall qualify for maintenance service by the Supplier at its then standard rates for Equipment of that age, if available. Lessee shall be responsible for, and shall reimburse Lessor promptly on demand for, the cost of returning the Equipment to good working condition or, in the case of Equipment other than PC Equipment and Software, qualifying the Equipment for the Supplier's maintenance service, if available. 11. EQUIPMENT USE, MAINTENANCE AND ADDITIONS. Lessee is solely responsible for the selection, installation, operation and maintenance of the Equipment and all costs related thereto, including shipping charges. Lessee shall at all times operate and maintain the Equipment in good working order, repair, condition and appearance, and in accordance with the manufacturer's specifications and recommendations. On reasonable prior notice to Lessee, Lessor and Lessor's agents shall have the right, during Lessee's normal business hours and subject to Lessee's reasonable, standard security procedures, to enter the premises where the Equipment is located for the purpose of inspecting the Equipment and observing its use. Except in the case of PC Equipment and Software, Lessee shall, at its expense, enter into and maintain and enforce at all times during the Term of each Lease a maintenance agreement to service and maintain the related Equipment, upon terms and with a provider reasonably acceptable to Lessor. Lessee shall make no alterations or additions to the Equipment, except those that (a) will not void any warranty made by the Supplier of the Equipment, result in the creation of any security interest, lien or encumbrance on the Equipment or impair the value or use of the Equipment either at the time made or at the end of the Term of the applicable Lease, and are readily removable without damage to the Equipment ("Optional Additions"), or (b) are required by any applicable law, regulation or order. All additions to the Equipment or repairs made to the Equipment, except Optional Additions, become a part of the Equipment and Lessor's property at the time made; Optional Additions which have not been removed in the event of the return of the Equipment shall become Lessor's property upon such return. 12. EQUIPMENT OWNERSHIP; LIENS; LOCATION. Upon acceptance of the Equipment by Lessee hereunder, title to the Equipment will vest in Lessee; provided, however, that (i) in the event of termination of this Lease by Lessee pursuant to Section 7 hereof, or (ii) upon the occurrence of a Lessee Default as defined in Section 22 hereof, and as long as such Lessee Default is continuing, title to the Equipment (including Substitute Equipment) will immediately vest in Lessor or its assignee. Lessee covenants with respect to each Lease that: (i) it will not pledge or encumber the Equipment or Lessor's interest in the Equipment in any manner whatsoever nor create or permit to exist any levy, lien or encumbrance thereof or thereon except those created by or through Lessor; (ii) the Equipment shall remain personal property whether or not affixed to realty and shall not become a fixture or be made to become a part of any real property on which it is placed without Lessor's prior written consent; and (iii) Lessee shall maintain the Equipment so that it does not become essential to and may be removed from any building in which it is placed without any damage to the building or the Equipment. Provided Lessee remains in possession and control of the Equipment, Lessee may relocate any Equipment from the Equipment Location specified in the applicable Schedule to another of its locations within the State of the Equipment Location upon prior written notice to Lessor specifying the new Equipment Location or to another of its locations within the United States after receiving the written consent of Lessor to such relocation. Lessee shall not locate or relocate any Equipment such that any third party comes into possession or control thereof without Lessor's prior written consent; provided, however, that Lessor shall not unreasonably withhold its consent to the location or relocation of Equipment to a third party co -location or hosting facility if such third party shall have executed and delivered to Lessor a waiver agreement in form and substance acceptable to Lessor pursuant to which, among other things, such third party shall have waived any rights to the Equipment and agreed to surrender the Equipment to Lessor in the event of a Lessee Default under this Master Agreement. Notwithstanding the foregoing, Lessor agrees that computer equipment usable outside of a fixed office environment, such as laptops, notebooks or similar PC Equipment (collectively, "Mobile PC Equipment") may be relocated on a non -permanent basis from the Equipment Location originally specified in the applicable Schedule without Lessor's prior written consent, provided that (i) such relocation is made by Lessee's primary employee in the custody and control of such Mobile PC Equipment; (ii) the primary employee remains in possession and control of the Mobile PC Equipment, and (iii) the primary employee's principal office is the Equipment Location. For purposes of this Master Agreement and any applicable Schedule, the term Equipment shall be deemed to include all Mobile PC Equipment. 13. SECURITY INTEREST; MAXIMUM RATE. In order to secure all of its obligations hereunder, Lessee hereby, to the extent permitted by law and to secure payment and performance of Lessee's obligations under this Master Agreement and all Leases, grants Lessor a purchase money security interest in the related Equipment and in all attachments, accessories, additions, substitutions, products, replacements, rentals and proceeds (including, without limitation, insurance proceeds) thereto as well as a security interest in any other Equipment financed pursuant to this Master Agreement or any other agreement between Lessor and Lessee (collectively, the "Collateral"). In any such event, notwithstanding any provisions contained in this Master Agreement or in any Schedule, neither Lessor nor any Assignee shall be entitled to receive, collect or apply as interest any amount in excess of the maximum rate or amount permitted by applicable law. In the event Lessor or any Assignee ever receives, collects or applies as interest any amount in excess of the maximum amount permitted by applicable law, such excess amount shall be, to the extent permitted by law, applied to the unpaid principal balance and any remaining excess shall be refunded to Lessee. In determining whether the interest paid or payable under any specific contingency exceeds the maximum rate or amount permitted by applicable law, Lessor and Lessee shall, to the maximum extent permitted under applicable law, characterize any non -principal payment as an expense or fee rather than as interest, exclude voluntary prepayments and the effect thereof, and spread the total amount of interest over the entire term of this Master Agreement and all Leases. Lessee agrees that Lessor may file this Lease as a financing statement evidencing such security interest or any other financing statement deemed necessary by Lessor and agrees to execute and deliver all certificates of title and other instruments necessary or appropriate to evidence such security interest. 14. RISK OF LOSS AND INSURANCE. Lessee assumes any and all risk of loss or damage to the Equipment from the time such Equipment is delivered to Lessee until such Equipment is returned to and is received by Lessor in accordance with the terms and Page 3 of 10 MLPA 08-22-07 conditions of this Master Agreement. Lessee agrees to keep the Equipment insured at Lessee's expense against all risks of loss from any cause whatsoever, including without limitation, loss by fire (including extended coverage), theft and damage. Lessee agrees that such insurance shall name Lessor as a loss payee and cover not less than the replacement value of the Equipment. Lessee also agrees that it shall carry commercial general liability insurance in an amount not less than $2,000,000 total liability per occurrence and cause Lessor and its affiliates and its and their successors and assigns, to be named additional insureds under such insurance. Each policy shall provide that the insurance cannot be canceled without at least 30 days' prior written notice to Lessor, and no policy shall contain a deductible in excess of $25,000. In lieu of maintaining insurance obtained by third party insurance carriers, Lessee may self insure against such risks, provided that Lessor's interests are protected to the same extent as if the insurance had been obtained by third party insurance carriers and provided further that such self insurance program is consistent with prudent business practices with respect with such insurance risk. Lessee shall provide to Lessor (a) on or prior to the Acceptance Date for each Lease, and from time to time thereafter, certificates of insurance evidencing such insurance coverage throughout the Term of each Lease, and (b) upon Lessor's request, copies of the insurance policies. If Lessee fails to provide Lessor with such evidence, then Lessor will have the right, but not the obligation, to purchase such insurance protecting Lessor at Lessee's expense. Lessee's expense shall include the full premium paid for such insurance and any customary charges, costs or fees of Lessor. Lessee agrees to pay such amounts in substantially equal installments allocated to each Rent payment (plus interest on such amounts at the rate of 1-1/2% per month or such lesser rate as is the maximum rate allowable under applicable law). 15. CASUALTY LOSS. Lessee shall notify Lessor of any Casualty Loss or repairable damage to any Equipment as soon as reasonably practicable after the date of any such occurrence but in no event later than 30 days after such occurrence. In the event any Casualty Loss shall occur, on the next Rent payment date Lessee shall (a) at Lessee's option provided no Lessee Default has occurred nor an event that with the passage of time or provision of notice would constitute a Lessee Default has occurred and is continuing or (b) at Lessor's option if a Lessee Default has occurred or an event that with the passage of time or provision of notice would constitute a Lessee Default has occurred and is continuing, (1) subject to Section 7 hereof, pay Lessor (but solely from legally available funds) the Stipulated Loss Value of the Equipment suffering the Casualty Loss, or (2) substitute and replace each item of Equipment suffering the Casualty Loss with an item of Substitute Equipment. If Lessee shall pay the Stipulated Loss Value of the Equipment suffering a Casualty Loss, upon Lessor's receipt in full of such payment the applicable Lease shall terminate as it relates to such Equipment and, except as provided in Section 28, Lessee shall be relieved of all obligations under the applicable Lease as it relates to such Equipment. If Lessee shall replace Equipment suffering a Casualty Loss with items of Substitute Equipment the applicable Lease shall continue in full force and effect without any abatement of Rent with such Substitute Equipment thereafter being deemed to be Equipment leased thereunder. Upon Lessor's receipt of such payment of Stipulated Loss Value in full or replacement of the Equipment suffering the Casualty Loss with Substitute Equipment, Lessor shall transfer to Lessee all of Lessor's interest in the Equipment suffering the Casualty Loss "AS IS, WHERE IS," without any warranty, express or implied, from Lessor, other than the absence of any liens or claims by or through Lessor. In the event of any repairable damage to any Equipment, the Lease shall continue with respect to such Equipment without any abatement of Rent and Lessee shall, at its expense, from insurance proceeds or other funds legally available, promptly cause such Equipment to be repaired to the condition it is required to be maintained pursuant to Section 11. 16. TAXES. Lessor shall report and pay all Taxes now or hereafter imposed or assessed by any governmental body, agency or taxing authority upon the purchase, ownership, delivery, installation, leasing, rental, use or sale of the Equipment, the Rent or other charges payable hereunder, or otherwise upon or in connection with any Lease, whether assessed on Lessor or Lessee, other than any such Taxes required by law to be reported and paid by Lessee. Lessee shall promptly reimburse Lessor for all such Taxes paid by Lessor, together with any penalties or interest in connection therewith attributable to Lessee's acts or failure to act, if usch Taxes are imposed or assessed on the City for the City's acquisition, installation and use of the Equipment for a sale of other transfer resulting from the Equipment directly resulting from a Lessee Default. 17. GENERAL INDEMNITY. Lessee, to the extent permitted by law, shall indemnify and hold harmless Lessor and assignees, from and against any and all Claims arising out of or in connection with any matter involving this Master Agreement, the Equipment or any Lease, including but not limited to the selection, manufacture, purchase, acceptance, rejection, ownership, delivery, lease, possession, maintenance, use (including any patent, trademark or copyright infringement), condition, return or operation of any Equipment or the enforcement of Lessor's rights under any Lease. Notwithstanding the foregoing, Lessee shall have no obligation to indemnify or defend against any Claim arising solely as a result of Lessor's negligence or willful misconduct. 18. TAX REPRESENTATIONS AND COVENANTS AND TAX PAYMENTS. (a) Lessee represents, covenants and warrants that: (i) Lessee is a political subdivision or agency or department of the State in which it is located; (ii) Lessee will comply with the information reporting requirements of Section 149(e) of the Code, and such compliance shall include but not be limited to the execution of information statements requested by Lessor; (iii) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, the Lease to be an arbitrage bond within the meaning of Section 148(a) of the Code; (iv) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, this Lease to be a private activity bond within the meaning of Section 141(a) of the Code; (v) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, the interest portion of the Rent payments to be or become includable in gross income for federal income taxation purposes under the Code; (vi) Except as to repair or maintenance work performed by a third party, Lessee will be the only entity to own, use and operate the Equipment during the Lease Term; (vii) Lessee has not failed to appropriate funds for payment of any amount due pursuant to a lease purchase agreement, a conditional sales agreement or any similar type of obligation within the past 10 years; and (viii) within the past 10 years Lessee is not and has not been in default under any bond, note, lease purchase agreement or other type of financial obligation to which it has been a party for which Lessee is or was obligated to make payments. (b) This Master Agreement has been entered into on the basis that Lessor or any Assignee of Lessor shall claim that the interest paid hereunder is exempt from federal income tax under Section 103(a) of the Code. Upon a breach by Lessee of any of its Page 4 of 10 MLPA 08-22-07 representations, warranties and covenants in Section 18(a) above and as a result thereof, the United States Government disallows, eliminates, reduces, recaptures, or disqualifies, in whole or in part, any benefits of such exemption, Lessee shall then pay to Lessor, (but solely from funds legally available therefor) at Lessor's election, either: (i) supplemental payment(s) to Lessor during the remaining period of the Term(s) in an amount necessary to permit Lessor to receive (on an after tax basis over the full term of the Master Agreement) the same rate of return that Lessor would have realized had there not been a loss or disallowance of such benefits, together with the amount of any interest or penalty which may be assessed by the governmental authority with respect to such loss or disallowance; or (ii) a lump sum payable upon demand to Lessor which shall be equal to the amount necessary to permit Lessor to receive (on an after tax basis over the full term of the Master Agreement) the same rate of return that Lessor would have realized had there not been a loss or disallowance of such benefits together with the amount of any interest or penalty which may be assessed by the governmental authority with respect to such loss or disallowance. 19. COVENANT OF QUIET ENJOYMENT. So long as no Lessee Default exists, and no event shall have occurred and be continuing which, with the giving of notice or the passage of time or both, would constitute a Lessee Default, neither Lessor nor any party acting or claiming through Lessor, by assignment or otherwise, will disturb Lessee's quiet enjoyment of the Equipment during the Term of the related Lease. 20. DISCLAIMERS AND LESSEE WAIVERS. LESSEE LEASES THE EQUIPMENT FROM LESSOR "AS IS, WHERE IS." IT IS SPECIFICALLY UNDERSTOOD AND AGREED THAT (A) EXCEPT AS EXPRESSLY SET FORTH IN SECTION 19, AND EXCEPT AS TO ANY CLAIM BY A SUPPLIER OR NON-PAYMENT BY LESSOR, LESSOR MAKES ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY, OPERATION, OR CONDITION OF ANY EQUIPMENT (OR ANY PART THEREOF), THE MERCHANTABILITY OR FITNESS OF EQUIPMENT FOR A PARTICULAR PURPOSE, OR ISSUES REGARDING PATENT INFRINGEMENT, TITLE AND THE LIKE; (B) LESSOR SHALL NOT BE DEEMED TO HAVE MADE, BE BOUND BY OR LIABLE FOR, ANY REPRESENTATION, WARRANTY OR PROMISE MADE BY THE SUPPLIER OF ANY EQUIPMENT (EVEN IF LESSOR IS AFFILIATED WITH SUCH SUPPLIER); (C) LESSOR SHALL NOT BE LIABLE FOR ANY FAILURE OF ANY EQUIPMENT OR ANY DELAY IN THE DELIVERY OR INSTALLATION THEREOF; (D) LESSEE HAS SELECTED ALL EQUIPMENT WITHOUT LESSOR'S ASSISTANCE; AND (E) LESSOR IS NOT A MANUFACTURER OF ANY EQUIPMENT. IT IS FURTHER AGREED THAT LESSOR SHALL HAVE NO LIABILITY TO LESSEE, OR ANY THIRD PARTIES FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS MASTER AGREEMENT OR ANY SCHEDULE OR CONCERNING ANY EQUIPMENT, OR FOR ANY DAMAGES BASED ON STRICT OR ABSOLUTE TORT LIABILITY OR LESSOR'S NEGLIGENCE; PROVIDED, HOWEVER, THAT NOTHING IN THIS MASTER AGREEMENT SHALL DEPRIVE LESSEE OF ANY RIGHTS IT MAY HAVE AGAINST ANY PERSON OTHER THAN LESSOR. LESSOR AND LESSEE AGREE THAT THE LEASES SHALL BE GOVERNED BY THE EXPRESS PROVISIONS OF THIS MASTER AGREEMENT AND THE OTHER FUNDAMENTAL AGREEMENTS AND NOT BY THE CONFLICTING PROVISIONS OF ANY OTHERWISE APPLICABLE LAW. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, LESSEE WAIVES ANY RIGHTS AND REMEDIES CONFERRED UPON A LESSEE BY STATUTE OR OTHERWISE, IN EITHER CASE THAT ARE INCONSISTENT WITH OR THAT WOULD LIMIT OR MODIFY LESSOR'S RIGHTS SET FORTH IN THIS MASTER AGREEMENT. 21. LESSEE WARRANTIES. Lessee represents, warrants and covenants to Lessor with respect to the Lease and Schedule attached hereto as Exhibit "A", that: (a) Lessee has the power and authority to enter into each of the Fundamental Agreements; (b) all Fundamental Agreements are legal, valid and binding obligations of Lessee, enforceable against Lessee in accordance with their terms and do not violate or create a default under any instrument or agreement binding on Lessee; (c) there are no pending (and notice of which has been served on the City) or, to the best of the City's knowledge, threatened actions or proceedings before any court or administrative agency that could have a material adverse effect on Lessee or any Fundamental Agreement, unless such actions have been disclosed to Lessor and consented to in writing by Lessor; (d) Lessee shall comply in all material respects with all laws and regulations the violation of which could have a material adverse effect upon the Equipment or Lessee's performance of its obligations under any Fundamental Agreement; (e) all financial statements, certificates or summaries relating to Lessee's financial condition, fiscal budget or the assessment and collection of taxes and other related information furnished by Lessee shall be prepared in accordance with generally accepted accounting principles in the United States in effect at that time and shall fairly present Lessee's financial position as of the dates given on such statements; (f) since the date of the most recent annual financial statement, there has been no material adverse change in the financial condition of, or the level of assessment or collection of taxes by, the Lessee in a manner that would materially affect the City's ability to perform under the Lease; (g) the Equipment, subject to any Lease, is essential to the immediate performance of a governmental or proprietary function by Lessee within the scope of its authority and will be used during the Term of such Lease only by Lessee and only to perform such function; (h) Lessee intends to use the Equipment for the entire Term of such Lease and all Equipment will be used for business purposes only and not for personal, family or household purposes; (i) Lessee has complied fully with all applicable law governing open meetings, public bidding and appropriations required in connection with this Lease and the acquisition of the Equipment; (j) there has been no material change in the budget for Lessee's current Fiscal Period since its adoption in a manner that would adversely impact the General Fund or any other funding that affects the City's ability to perform under this Lease; (k) Lessee's obligations to pay Rent and any other amounts due under this Lease do not constitute a debt of Lessee under applicable state law; (I) no provision of this Lease constitutes a pledge of the tax or general revenues of Lessee; (m) Lessee does not export, re-export, or transfer any Equipment, Software, system software or source code or any direct product thereof to a prohibited destination, or to nationals of proscribed countries wherever located, without prior authorization from the United States government and other applicable governments; (n) Lessee does not use any Equipment, Software or system software or technology, technical data, or technical assistance related thereto or the products thereof in the design, development, or production of nuclear, missile, chemical, or biological weapons or transfer the same to a prohibited destination, or to nationals of proscribed countries wherever located, without prior authorization from the United States and other applicable governments; and (o) Lessee is not an entity Page 5 of 10 MLPA 08-22-07 designated by the United States government or any other applicable government with which transacting business without the prior consent of such government is prohibited. 22. DEFAULT. Any of the following shall constitute a default by Lessee (a "Lessee Default") under this Master Agreement and all Leases: (a) Lessee fails to pay any Rent payment or any other amount payable to Lessor under this Master Agreement or any Schedule within 10 days after its due date; or (b) Lessee defaults on or breaches any of the other terms and conditions of any Material Agreement, and fails to cure such breach within 30 days after written notice thereof from Lessor; or (c) any representation or warranty made by Lessee in any Material Agreement proves to be incorrect in any material respect when made or reaffirmed; or (d) any change occurs in relation to Lessee's financial condition that, in Lessor's opinion, would have a material adverse effect on Lessee's ability to perform its obligations under this Master Agreement or under any Schedule or (e) Lessee becomes insolvent or fails generally to pay its debts as they become due; or (f) a proceeding under any bankruptcy, reorganization, arrangement of debt, insolvency or receivership law is filed by or against Lessee (and, if such is proceeding is involuntary, it is not dismissed within 60 days after the thereof) or Lessee takes any action to authorize any of the foregoing matters; (g) any Equipment is levied against, seized or attached; or (h) any letter of credit or guaranty issued in support of a Lease is revoked, breached, canceled or terminated (unless consented to in advance by Lessor). 23. REMEDIES. If a Lessee Default occurs, Lessor may, in its sole discretion, exercise one or more of the following remedies: (a) declare all amounts due and to become due during Lessee's current fiscal year under any or all Leases to be immediately due and payable; or (b) terminate this Master Agreement or any Lease(s); or (c) take possession of, or render unusable, any Equipment wherever the Equipment may be located, without demand or notice and without any court order or other process of law in accordance with Lessee's reasonable security procedures, and no such action shall constitute a termination of any Lease; or (d) require Lessee to deliver the Equipment to a location specified by Lessor; or (e) declare the Stipulated Loss Value for any or all Equipment to be due and payable (but solely from legally available funds) as liquidated damages for loss of a bargain and not as a penalty and in lieu of any further Rent payments under the applicable Lease or Leases; or (f) proceed by court action to enforce performance by Lessee of any Lease and/or to recover all damages and expenses incurred by Lessor by reason of any Lessee Default; or (g) terminate any other agreement that Lessor may have with Lessee; or (h) exercise any other right or remedy available to Lessor at law or in equity. Also, Lessee shall pay Lessor (i) all costs and expenses that Lessor may incur to maintain, safeguard or preserve the Equipment, and other expenses incurred by Lessor in enforcing any of the terms, conditions or provisions of this Master Agreement (including reasonable legal fees and collection agency costs) and (ii) all costs incurred by Lessor in exercising any of its remedies hereunder (including reasonable legal fees). Upon repossession or surrender of any Equipment, Lessor will lease, sell or otherwise dispose of the Equipment in a commercially reasonable manner, with or without notice and at public or private sale, and apply the net proceeds thereof to the amounts owed to Lessor under this Master Agreement; provided, however, that Lessee will remain liable to Lessor for any deficiency that remains after any sale or lease of such Equipment. Any proceeds of any sale or lease of such Equipment in excess of the amounts owed to Lessor under this Master Agreement will be retained by Lessor. Lessee agrees that with respect to any notice of a sale required by law to be given, 10 days' notice will constitute reasonable notice. With respect to any exercise by Lessor of its right to recover and/or dispose of any Equipment or other Collateral securing Lessee's obligations under any Schedule, Lessee acknowledges and agrees as follows: (i) Lessor shall have no obligation, subject to the requirements of commercial reasonableness, to clean-up or otherwise prepare the Equipment or any other Collateral for disposition, (ii) Lessor may comply with any applicable state or federal law requirements in connection with any disposition of the Equipment or other Collateral, and any actions taken in connection therewith shall not be deemed to have adversely affected the commercial reasonableness of any such disposition, and (iii) Lessor may convey the Equipment and any other Collateral on an "AS IS, WHERE IS" basis, and without limiting the generality of the foregoing, may specifically exclude or disclaim any and all warranties, including any warranty of title or the like with respect to the disposition of the Equipment or other Collateral, and no such conveyance or such exclusion or such disclaimer of any warranty shall be deemed to have adversely affected the commercial reasonableness of any such disposition. These remedies are cumulative of every other right or remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time. 24. PERFORMANCE OF LESSEE'S OBLIGATIONS. If Lessee fails to perform any of its obligations hereunder, Lessor may perform any act or make any payment that Lessor reasonably deems necessary for the maintenance and preservation of the Equipment and Lessor's interests therein; provided, however, that the performance of any act or payment by Lessor shall not be deemed a waiver of, or release Lessee from, the obligation at issue. All sums so paid by Lessor, together with reasonable expenses (including reasonable legal fees and costs) incurred by Lessor in connection therewith, shall be paid to Lessor by Lessee immediately upon demand, from legally available funds. 25. PURCHASE OPTIONS. Lessee may elect, by delivering to Lessor at least 30 days' prior written notice, to purchase on any Rent payment date not less than all Units of Equipment then subject to the Lease (other than items of Software that may not be sold by Lessor under the terms of any applicable License Agreement) for an amount equal to the sum of the Rent then due, all other amounts due under the Lease and the Concluding Payment for such Equipment as of the designated Rent payment date; provided no Lessee Default shall have occurred and be continuing or no event has occurred which with notice or lapse of time could constitute a Lessee Default. In the event of such an election, Lessee shall pay such amount to Lessor, in immediately available funds, on or before the designated Rent payment date. If Lessee shall have elected to purchase the Equipment, shall have so paid the purchase price and shall have fulfilled the terms and conditions of this Master Agreement and the related Schedule, then (1) the Lease with respect to such Equipment shall terminate on the designated Rent payment date and, except as provided in Section 28, Lessee shall be relieved of all of its obligations in favor of Lessor with respect to such Equipment, and (2) Lessor shall transfer all of its interest in such Equipment to Lessee "AS IS, WHERE IS," without any warranty, express or implied, from Lessor, other than the absence of any liens or claims by or through Lessor. Page 6 of 10 MLPA 08-22-07 26. ASSIGNMENT. Lessor shall have the right to sell, assign, grant a security interest in or otherwise convey any part of its interest in this Master Agreement, any Lease or any Equipment, in whole or in part, without prior notice to or the consent of Lessee; provided that no such assignment or conveyance shall be effective against Lessee unless and until the Lessee has received written notice of such assignment or conveyance. If any Lease is sold, assigned, or otherwise conveyed, Lessee agrees that Lessor's purchaser, assignee or transferee, as the case may be ("Assignee') shall (a) have the same rights, powers and privileges that Lessor has under the applicable Lease, (b) have the right to receive from Lessee all amounts due under the applicable Lease; and (c) not be required to perform any obligations of Lessor, other than those that are expressly assumed in writing by such Assignee. Lessee agrees to execute such acknowledgements to such assignment as may be reasonably requested by Lessor or the Assignee. Lessee further agrees that, in any action brought by such Assignee against Lessee to enforce Lessor's rights hereunder, Lessee will not assert against such Assignee any set-off, defense or counterclaim that Lessee may have against Lessor or any other person. Unless otherwise specified by Lessor and the Assignee, Lessee shall continue to pay all amounts due under the applicable Lease to Lessor; provided, however, that upon notification from Lessor and the Assignee, Lessee covenants to pay all amounts due under the applicable Lease to such Assignee when due and as directed in such notice. Lessee further agrees that any Assignee may further sell, assign, grant a security interest in or otherwise convey its rights and interests under the applicable Lease with the same force and effect as the assignment described herein. Lessee may not assign, transfer, sell, sublease, pledge or otherwise dispose of this Master Agreement, any Lease, any Equipment or any interest therein. Lessee shall acknowledge each such assignment in writing if so requested and, to the extent Lessee has been duly notified in writing, keep a complete and accurate record of all such assignments in a manner that complies with Section 149 of the Code, and regulations promulgated thereunder. As among Lessee, Lessor and Assignee (including subsequent Assignee), Lessor and Assignee shall be responsible for complying with all contracts relating to such assignment or conveyance and all laws applicable to such assignment or conveyance, including without limitations, Sections 5950-5955 of the California Government Code, and Lessee shall not incur any liability for any non-compliance by Lessor Assignee with respect thereto. 27. FURTHER ASSURANCES. Lessee agrees to promptly execute and deliver to Lessor such further documents and take such further action as Lessor may reasonably require in order to more effectively carry out the intent and purpose of this Master Agreement and any Schedule. Without limiting the generality of the foregoing, Lessee agrees (a) to furnish to Lessor from time to time, its certified financial statements, officer's certificates and appropriate resolutions, opinions of counsel and such other information and documents as Lessor may reasonably request, and (b) to execute and timely deliver to Lessor such documents that Lessor deems necessary to perfect or protect Lessor's security interest in the Collateral or to evidence Lessor's interest in the Equipment. It is also agreed that Lessor or Lessor's agent may file as a financing statement, any lease document (or copy thereof, where permitted by law) or other financing statement that Lessor deems appropriate to perfect or protect Lessor's security interest in the Collateral or to evidence Lessor's interest in the Equipment. Lessee represents and warrants that Lessee's name as set forth in the signature block below is Lessee's full and accurate legal name and that the information set forth on the first page hereof regarding its organization number, tax identification number and location is true and correct as of the date hereof. Lessee further agrees to provide Lessor advance written notice of any change in the foregoing. 28. TERM OF MASTER AGREEMENT; SURVIVAL. This Master Agreement shall commence and be effective upon the execution hereof by both parties and shall continue in effect until terminated by either party by 30 days' prior written notice to the other, provided that the effective date of the termination is after all obligations of Lessee arising hereunder and pursuant to any Schedule have been fully satisfied. Notwithstanding the foregoing, all representations, warranties and covenants made by Lessee hereunder shall survive the termination of this Master Agreement and shall remain in full force and effect. All of Lessor's rights, privileges and indemnities under this Master Agreement or any Lease, to the extent they are fairly attributable to events or conditions occurring or existing on or prior to the expiration or termination of such Lease, shall survive such expiration or termination and be enforceable by Lessor and Lessor's successors and assigns. 29. WAIVER OF JURY TRIAL. LESSEE AND LESSOR HEREBY EXPRESSLY WAIVE ANY RIGHT TO DEMAND A JURY TRIAL WITH RESPECT TO ANY ACTION OR PROCEEDING INSTITUTED BY LESSOR OR LESSEE IN CONNECTION WITH THIS MASTER AGREEMENT OR ANY FUNDAMENTAL AGREEMENT. 30. NOTICES. All notices, requests, demands, waivers and other communications required or permitted to be given under this Master Agreement or any other Fundamental Agreement shall be in writing and shall be deemed to have been received upon receipt if delivered personally or by a nationally recognized overnight courier service, or 3 days after deposit in the United States mail, certified, postage prepaid with return receipt requested, addressed as follows (or such other address as either party shall so notify the other): If to Lessor: If to Lessee: Hewlett-Packard Financial Services Company City of Temecula, California 200 Connell Drive, Suite 5000 41000 Main Street Berkeley Heights, NJ 07922 Temecula, California 92590 Attn: Director of Operations North America Attn: ("Authorized Lessee Representative") 31. MISCELLANEOUS (a) Governing Law. THIS MASTER AGREEMENT AND EACH LEASE SHALL BE GOVERNED BY THE INTERNAL LAWS (AS OPPOSED TO CONFLICTS OF LAW PROVISIONS) OF THE STATE OF EQUIPMENT LOCATION. VENUE FOR ANY LEGAL ACTION SHALL BE A COURT OF COMPETENT JURISDICTION FOR THE COUNTY OF RIVERSIDE, CALIFORNIA (b) Credit Review. Lessee consents to a reasonable credit review by Lessor for each Lease. Page 7 of 10 MLPA 08-22-07 (c) Captions and References. The captions contained in this Master Agreement and any Schedule are for convenience only and shall not affect the interpretation of this Master Agreement or any Lease. All references in this Master Agreement to Sections and Exhibits refer to Sections hereof and Exhibits hereto unless otherwise indicated. (d) Entire Agreement; Amendments. This Master Agreement and all other Fundamental Agreements executed by both Lessor and Lessee constitute the entire agreement between Lessor and Lessee relating to the leasing of the Equipment, and supersede all prior agreements relating thereto, whether written or oral, and may not be amended or modified except in a writing signed by the parties hereto. (e) No Waiver. Any failure of Lessor to require strict performance by Lessee, or any written waiver by Lessor of any provision hereof, shall not constitute consent or waiver of any other breach of the same or any other provision hereof. (f) Lessor Affiliates. Lessee understands and agrees that Hewlett-Packard Financial Services Company or any affiliate or subsidiary thereof may, as lessor, execute Schedules under this Master Agreement, in which event the terms and conditions of the applicable Schedule and this Master Agreement as it relates to the lessor under such Schedule shall be binding upon and shall inure to the benefit of such entity executing such Schedule as lessor, as well as any successors or assigns of such entity. Lessee agrees that Lessor may disclose any information provided by Lessee to Lessor or created by Lessor in the course of administering the Material Agreements to any parent or affiliate of Lessor. (g) Invalidity. If any provision of this Master Agreement or any Schedule shall be prohibited by or invalid under law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Master Agreement or such Schedule. (h) Counterparts. This Master Agreement may be executed in counterparts, which collectively shall constitute one document. (i) Lessor Reliance. Lessor may act in reliance upon any instruction, instrument or signature reasonably believed by Lessor in good faith to be genuine. Lessor may assume that any employee of Lessee who executes any document or gives any written notice, request or instruction has the authority to do so. 32. DEFINITIONS. All capitalized terms used in this Master Agreement have the meanings set forth below or in the Sections of this Master Agreement referred to below: "Acceptance Certificate" means an Acceptance Certificate in substantially the form of Exhibit B, executed by Lessee and delivered to Lessor in accordance with Section 3. "Acceptance Date" means, as to any Lease, the date Lessee shall have accepted the Equipment subject to such Lease in accordance with Section 3. "Assignee" means any assignee of all or any portion of Lessor's interest in this Master Agreement, any Schedule or any Equipment, whether such assignee received the assignment of such interest from Lessor or a previous assignee of such interest. "Authorized Lessee Representative" has the meaning specified in Section 30. "Casualty Loss" means, with respect to any Equipment, the condemnation, taking, loss, destruction, theft or damage beyond repair of such Equipment. "Casualty Value" means, as to any Equipment, an amount determined as of the date of the Casualty Loss or Lessee Default in question pursuant to a "Table of Casualty Values" attached to the applicable Schedule or, if no "Table of Casualty Values" is attached to the applicable Schedule, an amount equal to the present value as of the date of the Casualty Loss or Lessee Default in question (discounted at 3% per annum, compounded monthly) of all Rent payments payable after such date "Claims" means all claims, actions, suits, proceedings, costs, expenses (including, without limitation, court costs, witness fees and attorneys' fees), damages, obligations, judgments, orders, penalties, fines, injuries, liabilities and losses, including, without limitation, actions based on Lessor's strict liability in tort. "Code" means the Internal Revenue Code of 1986, as amended. "Collateral" has the meaning specified in Section 13. "Concluding Payments" means the list of concluding payments on the attachment to the applicable Schedule. "Daily Rent" means, as to any Lease, an amount equal to the per diem Rent payable under the applicable Schedule (calculated on the basis of a 360 day year and 30 day months). "Equipment" has the meaning specified in Section 1. "Equipment Location" means, as to any Equipment, the address at which such Equipment is located from time to time, as originally specified in the applicable Schedule and as subsequently specified in a notice delivered to Lessor pursuant to Section 12, if applicable. "Fair Market Value" means the total price that would be paid for any specified Equipment in an arm's length transaction between an informed and willing buyer (other than a used equipment dealer) under no compulsion to buy and an informed and willing seller under no compulsion to sell. Such total price shall not be reduced by the costs of removing such Equipment from its current location or moving it to a new location. "Final Invoice Amount" has the meaning set forth in Section 2(c). "First Payment Date" means, as to any Lease, the date the first Rent payment with respect to such Lease is due, as determined pursuant to the terms of the applicable Schedule. "Fiscal Period" shall mean the fiscal year of Lessee, as it may be more particularly described in a Schedule. "Fundamental Agreements" means, individually and collectively, this Lease. "Hardware" means items of tangible equipment and other property. "Lease" means this Master Agreement and Schedule attached hereto as Exhibit "A". "Lessee" has the meaning specified in the preamble hereof. "Lessee Default" has the meaning specified in Section 22. "Lessor" has the meaning specified in the preamble hereof. Page 8 of 10 MLPA 08-22-07 "License Agreement" means any license agreement or other document granting the purchaser the right to use Software or any technical Information, confidential business information or other documentation relating to Hardware or Software, as amended, modified or supplemented by any other agreement between the licensor and Lessor. "Master Agreement" has the meaning specified In the preamble hereof. "Material Agreements" means, collectively, all Fundamental Agreements, all other material agreements by and between Lessor and Lessee, and any application for credit, financial statement, or financial data required to be provided by Lessee in connection with any Lease. "Mobile PC Equipment" has the meaning specified in Section 12 hereof. "Non -Appropriation" has the meaning specified in Section 7. "Optional Additions" has the meaning specified in Section 11. "PC Equipment" means, collectively, personal computers (e.g., workstations, desktops and notebooks) and related items of peripheral equipment (e.g., monitors, printers and docking stations). "Purchase Documents" means, as to any Equipment, any purchase order, contract, bill of sale, License Agreement, invoice and/or other documents that Lessee has, at any time, approved, agreed to be bound by or entered Into with any Supplier of such Equipment relating to the purchase, ownership, use or warranty of such Equipment. "Rent" has the meaning specified In Section 4. "Schedule" means, unless the context shall otherwise require a Schedule executed by Lessor and Lessee pursuant to Section 2(a). "Seller" means, as to any Equipment, the seller of such Equipment as specified in the applicable Schedule. "Software" means copies of computer software programs owned or licensed by Lessor, and any disks, CDs, or other media on which such programs are stored or written. "State" means any of the states of the United States, its territories and possessions. "Stipulated Loss Value" means, as to any Equipment, an amount equal to the sum of (a) all Rent (including the Daily Rent from the Rent payment date immediately preceding the date of the Casualty Loss or Lessee Default to the date of the Casualty Loss or Lessee Default) and other amounts due and owing with respect to such Equipment as of the date of payment of such amount, plus (b) the Casualty Value of such Equipment. "Substitute Equipment" means, as to any item of Hardware or Software subject to a Lease, a substantially equivalent or better item of Hardware or Software having equal or greater capabilities and equal or greater Fair Market Value manufactured or licensed by the same manufacturer or licensor as such item of Hardware or Software subject to a Lease. The determination of whether any item of Equipment is substantially equivalent or better than an item of Equipment subject to a Lease shall be based on all relevant facts and circumstances, but shall minimally require, in the case of a computer, that each of processor, hard -drive, random access memory and CD ROM drive, if applicable, be equivalent or better. "Suppller" means as to any Equipment, the Seller and the manufacturer or licensor of such Equipment collectively, or where the context requires, any of them. "System Software" means an item of Software that is pre -loaded on an item of Hardware purchased by Lessor for lease hereunder for which the relevant Purchase Documents specify no purchase price separate from the aggregate purchase price specified for such items of Hardware and Software. "Taxes" means all license and registration fees and all taxes (local, state and federal), fees, levies, imposts, duties, assessments, charges and withholding of any nature whatsoever, however designated (including, without limitation, any value added, transfer, sales, use, gross receipts, business, occupation, excise, personal property, real property, stamp or other taxes) other than taxes measured by Lessor's income. "Term" means the term thereof as specified in the related Schedule. "Total Cost" means as to any Lease, the total acquisition cost to Lessor of the Equipment subject to such Lease as set forth in the applicable Purchase Documents, including related delivery, installation, taxes and other charges which Lessor has agreed to pay and treat as a portion of such acquisition cost, if any. "UCC" means the Uniform Commercial Code as enacted and in effect in any applicable jurisdiction. "Unit of Equipment" means, as to the Equipment leased pursuant to any Schedule (a) each individual item of PC Equipment leased pursuant to such Schedule, and (b) all Equipment taken as a whole leased pursuant to such Schedule other than PC Equipment taken as a whole. IN WITNESS WHEREOF, LESSEE AND LESSOR HAVE EXECUTED THIS MASTER AGREEMENT ON THE DATES SPECIFIED BELOW. LESSEE: LESSOR: CITY OF TEMECULA, CALIFORNIA HEWLETT-PACKARD FINANCIAL SERVICES COMPANY2 By: By: Michael S. Na r ar, Mayor Name and Title Name and Title Date Date 2 Authorized to do business in the name of Hewlett-Packard Financial Services Company, Inc. in the states of Alabama and New York Page 9 of 10 MLPA 08-22-07 Exhibit A to Master Agreement Master Agreement Number 5324373181 Schedule Number 5324373181000001 COUNTERPART NO. OF . TO THE EXTENT THAT THIS SCHEDULE CONSTITUTES CHATTEL PAPER (AS DEFINED ON THE UCC), NO SECURITY INTEREST IN THIS SCHEDULE MAY BE CREATED THROUGH THE TRANSFER OR POSSESSION OF ANY COUNTERPART OTHER THAN COUNTERPART NO. 1. STATE AND LOCAL GOVERNMENT MASTER LEASE PURCHASE AGREEMENT SCHEDULE Hewlett-Packard Financial Services Company' ("Lessor") and City of Temecula, California an agency, department or political subdivision of the State of California ("Lessee") are parties to the State and Local Government Master Lease Purchase Agreement identified by the Master Agreement Number specified above (the "Master Agreement"). This Schedule (which shall be identified by the Schedule Number specified above) and the Master Agreement together comprise a separate Lease between the parties. The terms and conditions of the Master Agreement are hereby incorporated by reference into this Schedule. All capitalized terms used in this Schedule without definition have the meanings ascribed to them in the Master Agreement. LEASE. A. Description of Items of Leased Equipment See attached Quote #HLXQ2552-04 & #HLXQ2649 (Includes Upfront California State Sales Tax: $32,774.28) B. Term: 60 Months. Total Cost $751,519.40 2 RENT. See Attachment A. ANNUAL RATE OF INTEREST 0.00% 3. LATEST COMMENCEMENT DATE: January 31, 2016 Lessor's obligation to purchase and lease the Equipment is subject to the Acceptance Date being on or before the Latest Commencement Date. 4. EQUIPMENT LOCATION: SELLER: HelixStorm G APPROPRIATIONS: Monies for all Rent and other payments due under the Lease for the Fiscal Period ending are available from Lessee's appropriated funds for such Fiscal Period and that appropriations and/or other funds have been encumbered or designated for the payment of all Rent and other payments that shall become due under the Lease in such Fiscal Period. NON -ASSIGNABILITY BY LESSOR: Notwithstanding any other terms or conditions set forth in the Master Agreement to the contrary, Lessor hereby agrees that it shall not and will not sell, discount, factor, hypothecate or otherwise dispose of its interest in the Equipment or this Schedule or any Lease. 8 ADDITIONAL PROVISIONS: None 9. FISCAL PERIOD: 'Authorized to do business in the name of Hewlett-Packard Financial Services Company, Inc in the states of Alabama and New York. Page 10 of 13 MLPA 08-22-07 LESSOR AGREES TO LEASE TO LESSEE AND LESSEE AGREES TO LEASE FROM LESSOR THE EQUIPMENT DESCRIBED IN SECTION 1.A ABOVE. SUCH LEASE WILL BE GOVERNED BY THE MASTER AGREEMENT AND THIS SCHEDULE, INCLUDING THE IMPORTANT ADDITIONAL TERMS AND CONDITIONS SET FORTH ABOVE. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THIS SCHEDULE AND THE MASTER AGREEMENT, THE TERMS OF THIS SCHEDULE SHALL GOVERN. LESSEE HEREBY REPRESENTS AND WARRANTS THAT ON AND AS OF THE DATE HEREOF EACH OF THE REPRESENTATIONS AND WARRANTIES MADE BY LESSEE IN THE MASTER AGREEMENT ARE TRUE, CORRECT AND COMPLETE. LESSEE: LESSOR: CITY OF TEMECULA, CALIFORNIA HEWLETT-PACKARD FINANCIAL SERVICES COMPANY2 By: By: Michael S. Naggar, Mayor ATTEST: Name and Title By: Date Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney Date Page 11 of 13 MLPA 08-22-07 Master Agreement Number 5324373181 Schedule Number 5324373181000001 ATTACHMENT A TO SCHEDULE TO STATE AND LOCAL GOVERNMENT MASTER LEASE PURCHASE AGREEMENT The first payment of Rent will be due on the Acceptance Date and all payments will be due semi-annually thereafter. Rent Payment No. Rent Interest Principal 4 Principal Balance Concluding Payments $751,519.40 $766,549.79 1 $75,151.94 $0.00 $75,151.94 $676,367.46 $689,894.81 2 $75,151.94 $0.00 $75,151.94 $601,215.52 $613,239.83 3 $75,151.94 $0.00 $75,151.94 $526,063.58 $536,584.85 4 $75,151.94 $0.00 $75,151.94 $450.911.64 $459,929.87 5 $75,151.94 $0.00 $75,151.94 $375,759.70 $383,274.89 6 $75,151.94 $0.00 $75,151.94 $300,607.76 $306,619.92 7 $75,151.94 $0.00 $75,151.94 $225,455.82 $229,964.94 8 $75,151.94 $0.00 $75,151.94 $150,303.88 $153,309.96 9 $75,151.94 $0.00 $75,151.94 $75,151.94 $76,654.98 10 $75,151.94 $0.00 $75,151.94 $0.00 $0.00 Totals $751,519.40 $0.00 $751,519.40 Please note that the Concluding Payment includes a 2% prepayment premium which is payable only in the event you prepay this lease early. Lessee Please Initial and date: 2 Authorized to do business in the name of Hewlett-Packard Financial Services Company, Inc. in the states of Alabama and New York Page 12 of 13 MLPA 08-22-07 Exhibit B to Master Agreement Master Agreement Number 5324373181 Schedule Number 5324373181000001 STATE AND LOCAL GOVERNMENT MASTER LEASE PURCHASE AGREEMENT ACCEPTANCE CERTIFICATE Hewlett-Packard Financial Services Companyt ("Lessor") and City of Temecula, California, an agency, department or political subdivision of the State of California ("Lessee") are parties to the State and Local Government Master Lease Purchase Agreement (the "Master Agreement") and Schedule under such Master Agreement (the "Schedule") identified by the Master Agreement Number and Schedule Number, respectively, specified above. The Master Agreement and Schedule together comprise a separate Lease that is being accepted and commenced pursuant to this Acceptance Certificate. All capitalized terms used in this Acceptance Certificate without definition have the meanings ascribed to them in the Master Agreement. 1. LEASE ACCEPTANCE. Lessee hereby acknowledges that the Equipment described in Section 1 of the Schedule, or if different, the Equipment described in the attached invoice or other attachment hereto, has been delivered to the Equipment Location specified below, inspected by Lessee and found to be in good operating order and condition, and has been unconditionally and irrevocably accepted by Lessee under the Lease evidenced by the Master Agreement and the Schedule as of the Acceptance Date set forth below. Lessee authorizes Lessor to reduce the Rent payments on the Schedule to reflect the Final Invoice Amount set forth on the attached invoice(s) if such amount is different than the Total Cost on the Schedule. 2. LESSEE ACKNOWLEDGEMENTS. Lessee hereby agrees to faithfully perform all of its obligations under the Master Agreement and the Schedule and reaffirms, as of the date hereof, its representations and warranties as set forth in the Master Agreement. Lessee hereby acknowledges its agreement to pay Lessor Rent payments, as set forth in the Schedule, plus any applicable taxes, together with all other costs, expenses and charges whatsoever which Lessee is required to pay pursuant to the Master Agreement and the Schedule, in each instance at the times, in the manner and under the terms and conditions set forth in the Master Agreement and the Schedule, respectively. 3. EQUIPMENT LOCATION. The Equipment has been installed and is located at the following Equipment Location: 4. REPRESENTATIONS AND WARRANTIES. Lessee hereby represents and warrants that on and as of the date hereof each of the representations and warranties made by Lessee in the Master Agreement are true, correct and complete. LESSEE: CITY OF TEMECULA, CALIFORNIA By: Michael S. Naggar, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney Acceptance Date: 1 Authorized to do business in the name of Hewlett-Packard Financial Services Company, Inc. in the states of Alabama and New York. Page 13 of 13 MLPA 08-22-07 HELIXSTORM WE make IT E a s i E r for you 41619 Margarita Rd, Suite 200, Temecula, CA 92591 Direct: 951-225-3491 Mobile: 858-212-6133 Email: aaron.schneider@helixstorm com Sold To: City of Temecula Michael Heslin 41000 Main Street Temecula, CA 92590 Phone: (951) 308-6300 Email: mike.heslin@cityoftemecula.org QUOTE Number HLXQ2552-04 Date Nov 24, 2015 Ship To: City of Temecula Michael Heslin 43200 Business Park Drive Temecula, CA 92590 Phone: (951) 308-6300 Email: mike.heslin@cityoftemecula.org Consultant P.O. Number lirShip Via Terms Aaron Schneider Ground Net 30 Qty Description Unit Price Ext. Price HP 3PAR 8200 66TB Useable 80k IOPs Data Optimization Suite (AO, DO, PO) Replication Suite (snapshots) VMware Integration License 5 Years 24/7 4 hour response support 1 HP 3PAR StoreSery 8200 2N Storage Base 3 HP 3PAR 8000 SFF(2.5in) SAS Drive Encl 40 HP 3PAR 8000 1.8TB SAS 10K SFF HDD 12 HP 3PAR 8000 1.92TB SAS cMLC SFF SSD 4 HP Premier Flex LC/LC 0M4 2f 5m Cbl SubTotal 1 HP 3PAR 8200 OS Suite Base LTU 48 HP 3PAR 8200 OS Suite Drive LTU 1 HP 3PAR 8200 Replication Suite Base LTU 48 HP 3PAR 8200 Replication Ste Drive LTU 1 HP 3PAR 8200 Data Opt St v2 Base LTU 48 HP 3PAR 8200 Data Opt St v2 Drive LTU 1 HP Smart SAN for HP 3PAR 8xxx LTU 1 HP 3PAR StoreSery Mgmt/Core SW E -Media 1 HP 3PAR OS Suite Latest E -Media 1 HP StoreOnce RMC LTU 1 HP StoreOnce RMC Media Approved By: Date: vrnwa re PARTNER ENTERPRISE SOLUTION PROVIDER $6,500.00 $6,500.00 $2,840.50 $8,521.50 $1,933.75 $77,350.00 $9,304.75 $111,657.00 $74.10 $296.40 $204,324.90 $1,755.00 $1,755.00 $84.50 $4,056.00 $914.55 $914.55 $83.20 $3,993.60 $986.70 $986.70 $89.70 $4,305.60 $130.00 $130.00 $13.00 $13.00 $13.00 $13.00 $650.00 $650.00 $55.25 $55.25 Continued on Next Page. Hewlett Packard Enterprise Page 1 of 4 1 of 4 Qty Description Unit Price Ext. Price,. 1 HP Intelligent Inft Analyzer SW v2 E -LTU SubTotal 1 HP 5Y 4 hr 24x7 Proactive Care SVC 1 HP 3PAR StoreSery 8200 2N Base Supp 3 HP 3PAR 8000 Drive Encl Supp 40 HP 3PAR 8000 1.8TB 10K SFF HDD Supp 12 HP 3PAR 8000 1.92TB cMLC SFF SSD Supp 1 HP Intelligent Infra Analyzer LTU Sup 1 HP SO Rec Mgr Central Base SW Supp 2 HP 3PAR Internal Entitlement Purpose 1 HP Smart SAN for HP 3PAR 8xxx LTU Supp 1 HP 3PAR 8200 OS Suite Base Supp 48 HP 3PAR 8200 OS Suite Drive Supp 1 HP 3PAR 8200 Data Opt St v2 Base Supp 48 HP 3PAR 8200 Data Opt St v2 Drive Supp 1 HP 3PAR 8200 Replication Suite Base Supp 48 HP 3PAR 8200 Replication Ste Drive Supp SubTotal Required Startup Services 1 HP Installation and Startup Service 1 HP Startup 3PAR 8200 2N Storage Base SVC 1 HP StoreOnce RMC Startup SVC 1 HP Startup StoreOnce Backup System SVC 1 HP Startup 3PAR 8000 Data Opt Ste v2 SVC 1 HP Startup 3PAR 8000 System Reporter SVC 1 HP Startup 3PAR 8K Rpl Ste VC -RC -PP SVC SubTotal HP c7000 Blade Chassis Fully populated fan kits Fully populated power supplies FlexFabric Modules Redundant Onboard Administrator OneView 5 Years 24/7 4 hour response 1 HP BLc7000 CTO 3 IN LCD Plat Enclosure 2 HP BLc VC FlexFabric-20/40 F8 Module 1 HP 6X 2650W Plat Ht Plg FIO Pwr Sply Kit 1 HP BLc 6X Active Cool 200 FIO Fan Opt 1 HP BLc7000 DDR2 Encl Mgmt Option 1 HP BLc7000 10K Rack Ship Brkt Opt Kit 1 HP OV 3yr 24x7 Encl FIO Phys 16 Svr Lic SubTotal Approved By: Date: vmwa re PARTNER ENTERPRISE SOLUTION PROVIDER $649.35 $0.00 $2,124.85 $759.85 $408.20 $1,881.10 $900.25 $663.00 $0.00 $130.00 $5,832.45 $39.00 $2,914.60 $59.80 $2,701.40 $55.25 $0.00 $3,000.00 $1,722.50 $1,852.50 $4,550.00 $1,137.50 $4,940.00 $649.35 $17,522.05 $0.00 $2,124.85 $2,279.55 $16,328.00 $22,573.20 $900.25 $663.00 $0.00 $130.00 $5,832.45 $1,872.00 $2,914.60 $2,870.40 $2,701.40 $2,652.00 $63,841.70 $0.00 $3,000.00 $1,722.50 $1,852.50 $4,550.00 $1,137.50 $4,940.00 $17,202.50 $2,499.50 $2,499.50 $13,679.40 $27,358.80 $1,715.40 $1,715.40 $536.40 $536.40 $539.40 $539.40 $6.00 $6.00 $7,670.40 $7,670.40 $40,325.90 Continued on Next Page... Hewlett Packard Enterprise Page 2 of 4 2 of 4 Description Unit Price Ext. Price,, 1 HP 5Y 4 hr 24x7 Proactive Care SVC 1 HP c7000 Enclosure Support 1 HP One View for blades Supp 1 HP VC FlxFbrc Support SubTotal 8 2 (8) HP BL460c Blade Servers 820GHz Compute 3TB Memory Redundant 10GbE NICs 8GB microSD for ESXI boot 5 Years 24/7 4 hour response support HP BL460c Gen9 10Gb/20Gb FLB CTO Blade HP BL460c Gen9 E5 -2667v3 FIO Kit HP BL460c Gen9 E5 -2667v3 Kit HP FlexFabric 20Gb 2P 630FLB FIO Adptr HP 8GB microSD EM Flash Media Kit HP BL460c Gen9 Server Blade Support Fiber Channel Switches (8) LC/LC 0M4 2F 5M CBL HP 8/24 BASE 16 -PORTS ENABLED SAN SWITCH (8) HP 8GB SHORT WAVE B -SERIES SFP+ 1 PACK HP B -SERIES 8/8 AND 8/24 SWITCH SUPPORT Backup Solution 54TB Useable HP DL380 Gen9 8SFF CTO Server HP DL380 Gen9 E5 -2697v3 FIO Kit HP DL380 Gen9 E5 -2697v3 Kit HP Ethernet 1 Gb 4 -Port 366FLR Adapter - PCI Express x4 - 4 Port(s) - 4 x Network (RJ -45) (4) HP 32GB 4Rx4 PC4-2133P-L Kit (2) HP 600GB 12G SAS 10K 2.5in SC ENT HDD HP DL380 Gen9 Secondary Riser HP Smart Array P440ar/2G FIO Controller HP Smart Array P841/4G Controller (2) HP CN1100R 2P Converged Network Adapter HP 2U SFF Easy Install Rail Kit (2) HP 800W FS Plat Ht Plg Pwr Supply Kit HP DL380 Gen9 High Perf Fan Kit HP OV for DL 3yr 24x7 FIO Phys 1 Svr Lic Approved By: Date: rm ware PARTNER ENTERPRISE SOLUTION PROVIDER $0.00 $1,605.60 $4,315.80 $1,121.40 $0.00 $1,605.60 $4,315.80 $1,121.40 $7,042.80 $17,015.76 $136,126.08 $5,933.40 $11,866.80 $43,043.51 $43,043.51 Continued on Next Page. Hewlett Packard Enterprise Page 3 of 4 3 of 4 Qty Description Unit Price Ext. Price HP Raid 1 Drive 1 FIO Setting HP iLO Adv incl 1 yr TS U E -LTU HP 5Y 4 hr 24x7 Proactive Care SVC HP ILO AdvPack NonBL SW Support HP One View w/Ilo Supp Microsoft Windows Server 2012 R2 License HP D6000 DAS Array - 35 x HDD Supported - 35 x HDD Installed - 70 TB Installed HDD Capacity - 35 x Total Bays - 6Gb/s SAS - 6Gb/s SAS - 5U Rack -mountable Additional Cables and SFP 8 HP Premier Flex LC/LC 0M4 2f 5m Cbl 4 HP SFP+ Module - 10GBase-SR10 4 HP 8GB SHORT WAVE B -SERIES SFP+ 1 PACK 18 Additional Veeam Licensing - VMware Veeam Availability Suite Enterprise Plus for VMware (includes Backup & Replication Enterprise Plus + Veeam ONE) 4 additional years of maintenance prepaid for Veeam Availability Suite Enterprise Plus for VMware Professional Services Total is $105,800. This reflects 50% of the professional services to be included in the first lease schedule Professional Services Pricing valid for 90 days from date on quote All professional services require a statement of work Pricing is valid only if complete quote is executed. A la carte orders will be accepted at renegotiated prices. Approved By: Date: vmware' PARTNER ENTERPRISE SOLUTION PROVIDER $74.10 $1,230.30 $117.00 $3,548.16 $592.80 $4,921.20 $468.00 $63,866.88 $52,800.00 $52,800.00 SubTotal $663,945.12 Tax $32,774.28 Shipping $2,000.00 Hewlett Packard Enterprise Page 4 of 4 4 of 4 HELIYSTORM WE makE IT easier for you 41619 Margarita Rd, Suite 200, Temecula, CA 92591 Direct: 951-225-3491 Mobile: 858-212-6133 Email: aaron.schneider@helixstorm.com City of Temecula Michael Heslin 41000 Main Street Temecula, CA 92590 Phone: (951) 308-6300 Email: mike.heslin@cityoftemecula.org QUOTE Number HLXQ2649 Date Nov 24, 2015 City of Temecula Michael Heslin 43200 Business Park Drive Temecula, CA 92590 Phone: (951) 308-6300 Email: mike.heslin@cityoftemecula.org Consultant P.O. Number Ship Via Terms Aaron Schneider Ground Net 30 Qty Description Unit Price Ext. Price 1 Professional Services Approved By: Date: vmware PARTNER ENTERPRISE SOLUTION PROVIDER $52,800.00 $52,800.00 SubTotal Tax Shipping $52,800.00 $0.00 $0.0o Total $52,800.00 Hewlett Packard Enterprise Page 1 of 1 1 of 1 INCUMBENCY CERTIFICATE (State and Local Government Master Lease Agreement) I, the undersigned being the duly appointed and acting Secretary or Clerk of City of Temecula. California ("Lessee"), DO HEREBY CERTIFY that (i) I have custody of the records of Lessee; and (ii) based on an examination of such records of Lessee as of the date set forth below, the following persons in the respective capacities indicated opposite their names have been authorized to execute, with full authority to bind the Lessee to the State and Local Government Master Lease Purchase Agreement between Lessee and Hewlett-Packard Financial Services Company as lessor ("Master Agreement"), and all other agreements, documents and instruments executed and delivered and to be executed and delivered in connection therewith, including without limitation, the Master Agreement, any Schedules and Acceptance Certificates (as such terms are defined in the Master Agreement; collectively referred to as the "Documents"); and (iii) the signature set forth opposite such individual's name and title/office is the true and authentic signature of that individual; and, (iv) each such individual has (and had on the date each such individual affixed his or her signature to the Documents) the authority to enter into the Documents on behalf of the Lessee. Name Michael S. Naggar Mayor Title/Office Signature Peter M. Thorson City Attorney Randi Johl City Clerk On behalf of Lessee, I hereby certify the due and effective ratification, approval, and confirmation of all such acts and things that any of the above -referenced persons has done or may do in connection with the matters outlined above prior or subsequent to the date of this Certificate. I do further certify that the foregoing authority shall remain in full force and effect, and Hewlett-Packard Financial Services Company shall be entitled to rely upon same, until written notice of the modification, rescission or revocation of same, in whole or in part, has been delivered to Hewlett-Packard Financial Services Company, but no such modification, rescission or revocation shall, in any event, be effective with respect to any documents executed or actions taken in reliance upon the foregoing authority prior to the delivery to Hewlett-Packard Financial Services Company of said written notice of said modification, rescission or revocation. The execution and delivery of the Documents for and on behalf of Lessee is not prohibited or in any manner restricted by any law, ordinance or regulation. SEAL IN WITNESS WHEREOF, I have duly executed this Incumbency Certificate and affixed Lessee's seal hereto this day of 20_ Secretary/Clerk or duly elected or appointed and acting officer (or duly authorized designee of such officer) of CITY OF TEMECULA, CALIFORNIA Signature: Print Name: Randi Johl Title: City Clerk [PLEASE NOTE: THE GENERAL PURPOSE OF THIS DOCUMENT IS TO AUTHORIZE INDIVIDUALS TO SIGN THE LEASE DOCUMENTS. CONSEQUENTLY, THE PERSON PROVIDING THE AUTHORIZATION CANNOT HIM OR HERSELF BE ONE OF THE SIGNERS OF THE LEASE DOCUMENTS. — I.E. CANNOT AUTHORIZE HIM OR HERSELF]. Incumbency Certificate 11-02 Item No. 11 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: January 12, 2016 SUBJECT: Approve the First Amendment to the Agreement with Interwest Consulting Group for the Provision of Building Inspection Services PREPARED BY: Lynn Kelly -Lehner, Senior Management Analyst RECOMMENDATION: That the City Council approve the First Amendment to the Agreement with Interwest Consulting Group, in the amount of $24,000, for the provision of building inspection services, for a total agreement amount of $49,000. BACKGROUND: As the economy continues to improve, the Community Development Department has seen a large increase in the volume of construction throughout Temecula. In addition, with the passage of new legislation AB 2188, the City is required to provide expedited plan review services for photovoltaic permits. At the same time, an employee in the division cannot perform inspections in the field for up to a total of 10 — 12 weeks, leading to limited staffing resources. Interwest Consulting Group will continue provide contract building inspector services to assist with staffing resources and responsibilities. FISCAL IMPACT: The City has sufficient funds in the Building and Safety Project line item (001.162.999.5119). ATTACHMENTS: First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND INTERWEST CONSULTING GROUP CONTRACT BUILDING INSPECTION SERVICES THIS FIRST AMENDMENT is made and entered into as of January 12, 2016 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Interwest Consulting Group, a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On August 25, 2015, the City and Consultant entered into that certain Agreement entitled "Agreement for Contract Building Inspection Services in the amount of $25,000. b. The parties now desire to increase the payment in the amount of $24,000, and to amend the Agreement as set forth in this Amendment. 2. Section 6 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed twenty four thousand dollars ($24,000), for additional building inspection services for a total Agreement amount of forty nine thousand dollars ($49,000). 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Interwest Consulting Group By: By: Michael S. Naggar, Mayor Tim D'Zmura, Director of Municipal Services ATTEST: By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Interwest Consulting Group Attn: Tim D'Zmura 15401 Transistor Lane Huntington Beach, CA 92649 tdzmura@interwestgrp.com 714.975.9048 2 PM Initials_ Date: Item No. 12 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: January 12, 2016 SUBJECT: Approve the Plans and Specifications, and Authorize Solicitation of Construction Bids for the Winchester Road at Roripaugh Ranch Road Traffic Signal Modification, PW15-03 PREPARED BY: Amer Attar, Principal Engineer Chris White, Assistant Engineer RECOMMENDATION: That the City Council: 1. Approve the Plans and Specifications, and Authorize the Department of Public Works to Solicit Construction Bids for the Winchester Road at Roripaugh Ranch Road Traffic Signal Modification, PW15-03; 2. Make a finding that this project is exempt from CEQA pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. BACKGROUND: This project, included the City's five year capital improvement program, provides for the design and construction of modifications to the traffic signal at Winchester Road at Roripaugh Ranch Road. The primary purpose of these modifications is to provide designated left run movements from Roripaugh Road onto Winchester Road. This project is exempt from the CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Section 15301 states that the repair and maintenance of existing highways and streets are Class 1 activities, which is exempt from CEQA. Project specifications are complete and the project is ready to be advertised for construction bids. Twenty working days are allowed to complete the work which is approximately four weeks. The Engineer's Estimate is $92,000. The contract documents are available for review in the office of the Director of Public Works. FISCAL IMPACT: This work is identified in the Traffic Signal Installation — Citywide project of the City's Capital Improvement Program (CIP) budget for Fiscal Years 2016-20, and is funded with Development Impact Funds (DIF) Traffic Signals funds. There are sufficient allocated funds in the project account to proceed with the solicitation of bids. ATTACHMENTS: 1. Project Location Map 2. Project Description €74 THE CM ON TEMECULA Project Location Map y r F Ip "^ N. s, y {, +► "r1C��! - ,p8 P4� '"---,,c -70 I giti - . •r- Mr" o<{ r V '• FLa ` `Y . ' WY.#W ,1`1ier G)) t .ti .-L--... z::: V� `. -• �lgU4r 1 � rOwN 10111 41 Y " . ,-IP----r-7 `J Nyn , I f � j' o, p serrte 1 fri� d,, � �I "�r` ++T� t�++t iii. f f `H u *ri` rpr/i +i �� ' i4'R ani p +� "g ' ; AON OP. ef NY�: 11P- wi' zjParcels ar Legend City i✓ Streets mss. tU{v• (+P %vii f .' r s 4 1 I ■ #41.. Pro'ect Location. %NI„ , , C grr . °' 1 f n'TItt�aap_ " '''''::4171-t1 4 #4 ,A ' / ,. \E:r7° ... . ,,,.,40-' \ # .„G'-ti\ 1 . `-�' ' i i ,-- . <0 ill w 6if1'� VI '4101' =IF ° IS 0 -1 VAI I° . a delLt s , 67a4411"----11114 , O.r �- I' -• ,�'4`r �, - rte” [ Ac-----4 rte. J- %� 0 1500 3000 4500 ft.} N Scale: 1:15,419 Map center: 6287898, 2138983 `#!' 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THIS MAP IS NOT TO BE USED FOR NAVIGATION. 4001-er=3-4Capital Improvement Program Fiscal Years 2016-20 TRAFFIC SIGNAL INSTALLATION - CITYWIDE Circulation Project Signal Location Cost to Complete Year Funding Source Winchester Road at Roripaugh Road Signal Mod. $ 75,000 2014-15 DIF(Traffic) Meadows Parkway at Pauba Road* $ 242,500 2015-16 DIF(Traffic) Vail Ranch Parkway at Tehachapi Pass $ 295,000 2017-18 Unspecified De Portola Road at Campanula Way (East)* $ 260,000 2017-18 Unspecified Meadows Parkway at Leena Way* $ 242,000 2017-18 Unspecified Rancho Califonia Road at Temecula Ridge* $ 280,000 2017-18 Unspecified Rancho California Road at Tee Drive $ 295,000 2018-19 Unspecified Rancho California Road at Promenade Chardonnay $ 295,000 2018-19 Unspecified Meadows Parkway at Campanula Way (West)* $ 260,000 2019-20 Unspecified Butterfield Stage Road at Rancho Vista Road $ 295,000 2019-20 Unspecified Rancho Vista Road at Avenida de la Reina $ 270,000 2020-21 Unspecified Ynez Road at Rancho Way $ 280,000 2021-22 Unspecified $ 3,089,500 *DIF Traffic Developer Reimbursement Fiscal Year 2014-15 $ 75,000 Fiscal Year 2015-16 $ 242,500 Fiscal Year 2017-18 $ 1,077,000 Fiscal Year 2018-19 $ 590,000 Fiscal Year 2019-20 $ 555,000 Fiscal Year 2020-21 $ 270,000 Fiscal Year 2021-22 $ 280,000 TOTAL: $ 3,089,500 Fiscal Years 2016-20 Capital Improvement Program 74 .c7v, 'tLi-te7 4q Capital Improvement Program Fiscal Years 2016-20 TRAFFIC SIGNAL INSTALLATION - CITYWIDE Circulation Project Project Description: This project includes the design, construction, installation and modification of traffic signals at various locations throughout the City including: Rancho California Road; Ynez Road; Butterfield Stage Road; Meadows Parkway; Winchester Road; and Redhawk Community The project also include reimbursement for developer installed traffic signals. Benefit / Core Value: This project improves traffic safety and circulation throughout the City. In addition, this project satisfies the City's Core Values of a Healthy and Livable City, A Safe and Prepared Community, and Transportation Mobility and Connectivity Project Status: A priority list of traffic signals has been developed. The traffic signals scheduled for installation will be designed and constructed in the scheduled fiscal year Reimbursements for developer installed traffic signals will be made as Development Impact Fee (DIF) traffic become available. Department: Public Works - Account No 210.165 682 Level: I Project Cost: Prior Years FYE 2015 2015-16 Actual Carryover Adopted 2016-17 2017-18 2018-19 2019-20 Total Project Expenditures Budget Appropriation Projected Projected Projected Projected Cost Construction Totals $ 75,000 $ 242,500 $ 1,077,000 $ 590,000 $ 1,105,000 $ 3,089,500 $ $ 75.000 $ 242,500 $ $ 1,077,000 $590,000 $1,105,000 $ 3 089.500 Prior Years FYE 2015 2015-16 Source of Funds: Actual Carryover Adopted 2016-17 Expenditures Budget Appropriation Projected 2017-18 Projected 2018-19 Projected 2019-20 Projected DIF (Traffic Signals) Unspecified' Total Funding: $ 75,000 $ 242,500 $ 1,077,000 $ 590.000 $ 75,000 $ 242,500 $ 1,077,000 $ 590.000 $ 1,105,000 $ 1,105,000 Total Project Cost $ 317,500 S 2.772000 $ 3,089,500 Future Operation & Maintenance Costs: 2015-16 2016-17 2017-18 2018-19 2019-20 1 1 I $ 4,000 I $ 8,000 I $ 4,000 1 $ 8,000 I 'Project cannot be constructed until a funding source is identified Fiscal Years 2016-20 Capital Improvement Program 75 Item No. 13 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas W. Garcia, Director of Public Works/City Engineer DATE: January 12, 2016 SUBJECT: Approve the Plans and Specifications, and Authorize Solicitation of Construction Bids for the Citywide Slurry Seal for Arterial Streets, PW15-10 PREPARED BY: Amer Attar, Principal Engineer Chris White, Assistant Engineer RECOMMENDATION: That the City Council: 1. Approve the Plans and Specifications, and Authorize the Department of Public Works to Solicit Construction Bids for the Citywide Slurry Seal for Arterial Streets, PW15-10; 2. Make a finding that this project is exempt from CEQA pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. BACKGROUND: The Citywide Slurry Seal project, involving an arterial and residential component, is an annual project with a goal to prolong the useful life of the City's street network and avoid much more costly roadway rehabilitation measures (i.e., preventative maintenance). Ideally, each roadway segment would be slurried (maintained) in five to seven year cycles to minimize the overall cost to maintain the City's roadway network. The work involved in this project consists of the removal of existing striping/markings, cleaning/sealing large cracks, application of slurry seal, and subsequent restoration of striping and pavement markings. Street maintenance staff has identified three arterial street segments considered the worst that can still qualify for preventative maintenance or slurry seal. These street segments are Jefferson Avenue (north City limit to Rancho California Road), Temecula Parkway (Pechanga Parkway to the east City limit), and Winchester Road (Ynez Road to Margarita Road). This project is exempt from the CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Section 15301 states that the repair and maintenance of existing highways and streets are Class 1 activities, which is exempt from CEQA. Project specifications are complete and the project is ready to be advertised for construction bids. The allowable working days are specified as forty days which is approximately eight weeks. The Engineer's Estimate for the project is $658,750. The contract documents are available for review in the office of the Director of Public Works. FISCAL IMPACT: The Annual Citywide slurry seal of arterial streets is a component of the Fiscal Year 2015-16 Annual Operating Budget and there are adequate funds for the proposed project. The source of funds for slurry sealing is Measure A. ATTACHMENTS: 1. Arterial Street List 2. Location Maps Arterial Street List 1.) Jefferson Avenue (North City Limits to Rancho California Road). 2.) Temecula Parkway (Pechanga Parkway to East City Limits). 3.) Winchester Road (Ynez Road to Margarita Road). THE CM UN TEMECULA Location Map - Jefferson Avenue NPF ,i,,......—...........--- irawli 1.1 ,' �At, .P.0r 1 'p P,<r , Nr i J ,12:11,,��ys!r R 11, WO ae j •1111111111111"rir X;' � . �r� Legend '�� ] r ,�,?is •__ Int. � Q� . G+fr' ; r- -. i' � �f OVERLAND "/ ii /13 LRI _ +�, / ,te t ,. It 1 ' r`�a it j n, ui�i R OELFt Y •[iD to kl io Pat DR �'".,,. kKr M1 �i1 s * 417 4�p 404 « (� k,,r�lr�� fat+rsryl� 0 City Streets Parcels 4Z3 •Y pr �►� Q i ► i i'11 viA, " ya q Nrr 1]�1�f31 � :..r- fr' ,._ �j' },. - ,1.- rr R Id ly r, ..... r +�¢ ,�� !_ IOq, q¢ I.E►ti 41i%�..;ii fr7 '� k1�1�ir� „ur,r Ils A, iy . #',YF .=po-;eins,7tRr 4 l ray L .a!{'.. sir L at`+£!al i-- u♦y i�r ,ti.F +4 ru .„.„� , y ' X k1k ,p, ` 7., � Ir ;irk .q�I Q ,.. l m IPine tit ' �Qp. ' f ; .. . � QO 0 P �: i el a. 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THIS MAP IS NOT TO BE USED FOR NAVIGATION. , IRTHE crrti OF TEMECULA- Location Map - Temecula Parkway tee% . ;WI y� u 3000 6000 9000 ft. :140: Map center: 6301205, 2118941 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. Legend City Streets E Parcels Scale: 1:30,838 TULCIT' JF +t TEMECULALocation Map - Winchester Road . Y 1 i �14'`tix# 77 :I1/"Nill `,#�lTQC ) k i telliVriAPV ir } dii,/ IT% IyL+ r EQU 4► 41 pt y <' d, )fit, •rG G+N . pr' ,7 O 4r y, bp _$ C,H,_"'144 7t \ `' , r .� rte. �! - r ` .4illf► — UHIi 01111111 111i -Ara y fly' 414 � �. �I1 Arpft dill Ov . �q4.> R �F. . per 0 i!r:4 + , Legend 0 City Parcels $4 . rY ''''Po1, y ! aVEktI'AH4'DR Ca \\,/ f rpt g1 ►tt 1*'illikl p rCht as ill 1 GHQ \ ) + , rr Arta iil40 411 � r .gyp. F ` .4114► �`7_'-'',AAL. _t.it , V `� it „II ., ft _um 0 1500 3000 4500 ft. Scale: 1:15,419 Map center: 6285018, 2136039 This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. Item No. 14 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: January 12, 2016 SUBJECT: Annul Contract, Reject All Bids, and Request Authorization to Solicit New Construction Bids for Old Town Front Street Pavement and Storm Drain Rehabilitation, PW12-14 PREPARED BY: Jon Salazar, Associate Engineer - CIP RECOMMENDATION: That the City Council: 1. Authorize the City Manager to sign a Mutual Contract Annulment Agreement between the City and Beador Construction Company, Inc.; 2. Reject all bids for the Old Town Front Street Pavement and Storm Drain Rehabilitation, PW12-14, and Authorize the Department of Public Works to Solicit New Construction Bids for the Project. BACKGROUND: On July 28, 2015, the City Council approved the Plans and Specifications and authorized staff to solicit construction bids for the Old Town Front Street Pavement and Storm Drain Rehabilitation, PW12-14. The project was advertised and on September 10, 2015, bids were electronically opened and publicly posted on the City's on-line bidding service, PlanetBids. On October 13, 2015, the City Council awarded the construction contract to Beador Construction Company, Inc. (Beador) in the amount of $695,300. Subsequent to executing the contract and prior to issuance of the Notice to Proceed, City staff was informed by Beador that they (Beador) would be unable to procure the required payment and performance bonds. Staff has concluded that Beador is unable to fulfill the contract as specified. Beador has also stated that it cannot proceed under the contract. As such, annulment of the contract and rejection of all bids and re -bidding the project is seen by staff as being in the best interest of both parties in moving the project forward. This project will rehabilitate Old Town Front Street between Temecula Parkway and First Street through localized removal and reconstruction of existing pavement structural section, placement of slurry seal over the entire project limits, adjusting various facilities to grade, installing traffic striping, pavement markers and legends, and miscellaneous appurtenant work. The Engineer's Construction Estimate for the Old Town Front Street Pavement and Storm Drain Rehabilitation is $770,000. The specifications allow for a schedule of 60 working days, which is an approximate duration of three months. FISCAL IMPACT: The Old Town Front Street Pavement and Storm Drain Rehabilitation is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2016-20 and is funded with Measure A (pavement rehab work) and General Fund Contributions (pavement rehab and storm drain work). ATTACHMENTS: 1. Project Location 2. Project Descriptions THF CITY OF 4ii;o''TEMECULA PW12-14 - Old Town Front St Pvmt & Storm Drain Rehab s •G ® ON 411V: V44# LII bag Szp. r 6 4q� A.1LL� 641 41*sq� 461". ' �iyconib NI cR imet-01 Legend � City 4'0 as �� * Streets s I iggebVla Parcels OIllikilla PavementPorti71111 I 0 jigO ,0011 111 t� li. • 1 . "lila11 0 �� Sto m Drain Po11 2, Alliill rtion allH WI I I ilit Eo�$to _____% li, • 1 Ni... 40 e' vi • • 9�F le Iii 4ii !iv �v ,,A. 64,,c 'v- \A 1000 2000 3000 ft. Scale: 1:10,386 1, 1, Map center: 6288915, 2121692 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. Heart o! Southern CaMorn.a Wine Country Capital Improvement Program Fiscal Years 2016-20 PAVEMENT REHABILITATION PROGRAM - CITYWIDE Circulation Project Project Description: This project includes the environmental processing, design, construction of pavement rehabilitation, and reconstruction of major streets as recommended in the Pavement Management System. Benefit / Core Value: This project improves pavement conditions so that the transportation needs of the public, business industry, and government can be met. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: A priority list of rehabilitation projects has been developed. Installations are completed on an ongoing basis. Department: Public Works - Account No. 210.165.655 Level: I Project Cost: Prior Years Actual Expenditures FYE 2015 2015-16 Carryover Adopted Budget Appropriation 2016-17 Projected 2017-18 Projected 2018-19 Projected 2019-20 Projected Total Project Cost Administration $ 1,473,958 $ 200,000 $ 270,000 $ 160,000 $ 160,000 $ 160,000 $ 160,000 $ 2,583,958 Construction $ 10,947,919 $ 5,822,639 $ 507,639 $ 652,257 $ 989,600 $ 1,103,525 $ 1,224,384 $ 21,247,963 Construction $ 10,507,727 $ 2,030,213 $ 977,639 $ 942,257 $ 1,049,600 $ 1,163,525 $ 1,284,384 $ 17,955,345 Engineering $ 125,632 $ 229,127 $ 50,000 $ 150,000 $ 150,000 $ 150,000 $ 150,000 $ 1,004,759 Design $ 624,563 $ 97,625 $ 150,000 $ 230,000 $ 1,102,188 Totals $ 13,172,072 $ 6,349,391 $ 977,639 $ 1,192,257 $ 1,299,600 $ 1,413,525 $ 1,534,384 $ 25,938,868 Source of Funds: Prior Years Actual Expenditures FYE 2015 2015-16 Carryover Adopted Budget Appropriation 2016-17 Projected 2017-18 Projected 2018-19 Projected 2019-20 Projected Total Project Cost General Fund Contributions $ 2,664,345 $ 4,319,178 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 7,983,523 Measure A $ 10,507,727 $ 2,030,213 $ 977,639 $ 942,257 $ 1,049,600 $ 1,163,525 $ 1,284,384 $ 17,955,345 Total Funding: $ 13,172,072 $ 6,349,391 $ 977,639 $ 1,192,257 $ 1,299,600 $ 1,413,525 $ 1,534,384 $ 25,938,868 Future Operation & Maintenance Costs: 2015-16 2016-17 2017-18 2018-19 2019-20 General Fund Contributions include 1.5 million tor Pavement Management Program Approved at Midyear on 2/24/2015. 59 Capital Improvement Program Fiscal Years 2016-20 CITYWIDE STORM DRAIN IMPROVEMENTS Infrastructure / Other Project Project Description: This project includes the design and construction of storm drain improvements on several streets that flood during storm events, as well as replacing the existing cross gutter at Old Town Front Street, north of Temecula Parkway. The storm drain improvements on Old Town Front Street will be constructed in conjunction with the Pavement Rehabilitation project. Benefit / Core Value: This project improves safety and circulation while maintaining the integrity of the streets during inclement weather. In addition, this project satisfies the City's Core Values of A Safe and Prepared Community and Transportation Mobility and Connectivity. Project Status: The storm drain improvements on Old Town Front Street will be constructed during FY 2015-16. Department: Public Works - Account No. 210.165.715 Level: I Project Cost: Prior Years Actual Expenditures FYE 2015 Carryover Budget 2015-16 Adopted Appropriation 2016-17 2017-18 2018-19 2019-20 Total Project Projected Projected Projected Projected Cost Administration $ 168,622 $ 26,238 $ 25,000 $ 219,860 Acquisition $ 30,000 $ 30,000 $ 60,000 Construction $ 456,269 $ 156,927 $ 613,196 Construction Engineering $ 9,030 $ 21,704 $ 30,734 Design $ 42,261 $ 581 $ 42,842 MSHCP $ 4,368 $ 19,132 $ 23,500 Totals $ 680,550 $ 254,582 $ 55,000 $ - $ - $ - $ - $ 990,132 Source of Funds: Prior Years Actual Expenditures FYE 2015 Carryover Budget 2015-16 Adopted Appropriation 2016-17 2017-18 2018-19 2019-20 Total Project Projected Projected Projected Projected Cost G eneral Fund Contributions Total Funding: $ 680,550 $ 254,582 $ 55,000 $ 680,550 $ 254,582 $ 55,000 $ 990,132 $ 990,132 Future Operation & Maintenance Costs: 2015-16 2016-17 2017-18 2018-19 2019-20 85 TEMECULA COMMUNITY SERVICES DISTRICT CONSENT CALENDAR Item No. 15 ACTION MINUTES December 8, 2015 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District meeting convened at 8:21 PM CALL TO ORDER: President Maryann Edwards ROLL CALL: DIRECTORS: Comerchero, McCracken, Naggar, Rahn, Edwards CSD PUBLIC COMMENTS (None) CSD CONSENT CALENDAR 16 Approve the Action Minutes of November 17, 2015 - Approved Staff Recommendation (5-0) Director Comerchero made the motion; it was seconded by Director Rahn; and electronic vote reflected approval by Directors McCracken, Naggar, Rahn, Comerchero and Edwards. RECOMMENDATION: 16.1 That the Board of Directors approve the action minutes of November 17, 2015. 17 Approve Financial Statements for the 1st Quarter Ended September 30, 2015 - Approved Staff Recommendation (5-0) Director Comerchero made the motion; it was seconded by Director Rahn; and electronic vote reflected approval by Directors McCracken, Naggar, Rahn, Comerchero and Edwards. RECOMMENDATION: 17.1 Receive and file the Financial Statements for the 1st Quarter Ended September 30, 2015; 17.2 Approve an increase of $41,374 in Public Art revenue transfers from Fund 120 (Development Impact Fees) to Public Art Fund. CSD Action Minutes 120815 1 CSD BUSINESS 18 Appointment of President and Vice President of the Temecula Community Services District for Calendar Year 2016 - Approved Staff Recommendation (5-0) Director Naggar made the motion to appoint Director Comerchero as President and Director McCracken as Vice President; it was seconded by Director Edwards; and electronic vote reflected approval by Directors McCracken, Naggar, Rahn, Comerchero and Edwards. RECOMMENDATION: 18.1 Appoint the President, effective January 1, 2016, to preside until December 31, 2016; 18.2 Appoint the Vice President, effective January 1, 2016, to hold this office until December 31, 2016. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 8:31 PM, the Community Services District meeting was formally adjourned to Tuesday, January 12, 2016, 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 120815 2 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY CONSENT CALENDAR Item No. 16 ACTION MINUTES December 8, 2015 City Council Chambers, 41000 Main Street, Temecula, California SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING The Successor Agency to the Temecula Redevelopment Agency convened at 8:31 PM CALL TO ORDER: Chairperson Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, McCracken, Naggar, Rahn, Comerchero SARDA PUBLIC COMMENTS (None) SARDA CONSENT CALENDAR 19 Receive and File Financial Statements for the 1st Quarter Ended September 30, 2015 - Approved Staff Recommendation (5-0) Director Edwards made the motion; it was seconded by Director Comerchero; and electronic vote reflected approval by Directors McCracken, Naggar, Rahn, Comerchero and Edwards. RECOMMENDATION: 19.1 That the Board of Directors receive and file the Financial Statements for the 1st Quarter Ended September 30, 2015. SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTORS REPORTS SARDA ADJOURNMENT At 8:32 PM, the Successor Agency to the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, January 12, 2016, 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, SARDA Chair ATTEST: Randi Johl, Secretary [SEAL] SARDA Action Minutes 120815 1 COUNCIL PUBLIC HEARING Item No. 17 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: January 12, 2016 SUBJECT: Introduce a Citywide Ordinance Prohibiting the Cultivation of Marijuana Within the City of Temecula PREPARED BY: Dale West, Associate Planner RECOMMENDATION: That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 16 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 8.52, MARIJUANA CULTIVATION, TO THE TEMECULA MUNICIPAL CODE TO PROHIBIT THE CULTIVATION OF MARIJUANA IN THE CITY, AMENDING THE ZONING ORDINANCE TO PROHIBIT MARIJUANA CULTIVATION IN ALL ZONES, AMENDING THE DEFINITION OF ENFORCEMENT OFFICIAL AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES, SECTION 15061(B)(3) SUMMARY OF ORDINANCE: The proposed Ordinance amends the Temecula Municipal Code, to add Chapter 8.52, Marijuana Cultivation, prohibiting all marijuana cultivation in the City, amendment to Sections 17.06.030, 17.080.030 and 17.14.030 of the Zoning Code to prohibit the cultivation of marijuana in residential, commercial, office, industrial and open space zones in the City, and an amendment to the definition of enforcement official contained in Section 1.21 of the Temecula Municipal Code. BACKGROUND: In 1996, California voters adopted the Compassionate Use Act ("CUA") as a ballot initiative, codified as Health and Safety Code Section 11362.5. The intent of Proposition 215 was to enable persons who are in need of marijuana for medical purposes to use it without fear of criminal prosecution under limited, specified circumstances. The proposition did not supersede legislation prohibiting persons from engaging in conduct that endangers others, or to condone the diversion of marijuana for non-medical purposes. The ballot arguments supporting Proposition 215 expressly acknowledged that "Proposition 215 does not allow unlimited quantities of marijuana to be grown anywhere." In 2004, Senate Bill 420 referred to as the "Medical Marijuana Program" (MMP), was passed to clarify the scope of Proposition 215, and to provide qualifying patients and primary caregivers who collectively or cooperatively cultivate marijuana for medical purposes with a limited defense to certain specified state criminal statutes. In 2010 and 2011, Assembly Bill 2650 and Assembly Bill 1300 (respectively) amended the Medical Marijuana Program Act to expressly recognize the authority of counties and cities to regulate the location, operation, or establishment of a medical marijuana cooperatives or collectives and to civilly and criminally enforce such ordinances. Since AB 2650 and AB 1300, the California courts have found that neither the CUA nor the MMP provide medical marijuana patients with an unfettered right to obtain, cultivate, or dispense marijuana for medical purposes. Rather, the statutes set up limited defenses to state criminal prosecution. In 2013, the Court of Appeal decided and published its decision in the case of Maral v. City of Live Oak, 221 Cal.App.4th 975 (2013). Maral held that cities have authority to prohibit cultivation of all medical marijuana city-wide. The Maral court similarly found that the CUA and MMP do not preempt a city's regulatory authority to prohibit all cultivation in the city, if the city so chooses. The Maral case is a published decision from the Court of Appeal and constitutes legal precedent upon which cities may rely. The plaintiffs in the Maral case petitioned the California Supreme Court seeking review and/or depublication of the case. The Supreme Court has declined to take the case, and it has denied the request for depublication. The decision in the Maral case, therefore, is final and represents the current law of the State. In 2015, the Governor signed into law Assembly Bill 243, Assembly Bill 266, and Assembly Bill 643 establishing the Medical Marijuana Regulation and Safety Act ("the Act") effective January 1, 2016. The Act regulates "commercial cannabis activity" which includes "cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of medial cannabis or a medical cannabis product." These bills are designed to impose additional regulatory mechanisms related to medical marijuana. For example, there will be a dual licensing structure which requires a state and local license or permit in order to cultivate, dispense or transport medical marijuana. This means that any person or entity engaged in commercial cannabis activity have both a state license and a local license or permit, to operate in the state. In other words, if a city prohibits or bans marijuana dispensaries in its jurisdiction, then the marijuana dispensary will be unable to obtain a state license for commercial cannabis activity in that city, since the marijuana dispensary is required to first obtain a local permit, license, or authorization from the city. The Act expressly protects local licensing practices, zoning ordinances, and local actions taken under a city's constitutional police power. The Act allows cities that wish to ban these land use activities to continue to do so; however, there are critical time constraints. Assembly Bill 243 includes a provision stating that cities that do not have an ordinance regulating or prohibiting cultivation by March 1, 2016, will lose the authority to regulate or ban cultivation within their city limits and the state will become the sole licensing authority. It should be noted that the Federal Controlled Substances Act, 21 U.S.C. §§ 801 et seq., classifies marijuana as a Schedule I Drug, which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for use under medical supervision. The Federal Controlled Substances Act makes it unlawful, under federal law, for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense, marijuana. The Federal Controlled Substances Act contains no exemption for the cultivation, manufacture, distribution, dispensation, or possession of marijuana for medical purposes. The manufacture, distribution, or possession of marijuana remains unlawful and a federal crime under the Federal Controlled Substance Act (21 U.S.C. §§ 812, 841, 844). ANALYSIS: In light of the Maral decision and the Act signed by the Governor, staff was advised by the City Attorney to review its current ordinance and Municipal Code and, if necessary, draft an ordinance regulating marijuana cultivation within the City limits. In 2006, the City Council adopted Ordinance No. 06-05, which defines a medical marijuana dispensary, and prohibits them within the City. After review of Ordinance No. 06-05, staff has determined that it does not regulate the cultivation of marijuana within the City. As mentioned before, a city that does not have land use regulations or an ordinance regulating or prohibiting cultivation of marijuana in effect by March 1, 2016, will lose the authority to regulate or ban cultivation within its city limits, and the state will become the sole licensing authority. Therefore, staff is proposing to ban the cultivation of marijuana due to its potential negative secondary effects and to establish consistency with current City regulations regarding the prohibition of medical marijuana dispensaries. On December 16, 2015 the Planning Commission considered the proposed ordinance and environmental review and adopted a resolution recommending that the City Council approve the staff recommendation as presented. ENVIRONMENTAL FINDINGS: The City Council finds that the adoption of the proposed ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines), Section 15061(b)(3). It can be seen with certainty that there is no possibility that the adoption of this ordinance will have a significant effect on the environment. The ordinance bans the growing of marijuana. Placing such a restriction on the use of property will not result in a permanent alteration of property nor the construction of any new or expanded structures. The adoption of this Ordinance imposes greater limitations on uses allowed in the City and therefore will eliminate adverse environmental impacts. FISCAL IMPACT: The adoption of the proposed ordinance will have no direct fiscal impact to the City's General Fund. ATTACHMENTS: 1. Draft Marijuana Cultivation Ordinance 2. Planning Commission Staff Report 3. Notice of Public Hearing ORDINANCE NO. 16 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 8.52, MARIJUANA CULTIVATION, TO THE TEMECULA MUNICIPAL CODE TO PROHIBIT THE CULTIVATION OF MARIJUANA IN THE CITY, AMENDING THE ZONING ORDINANCE TO PROHIBIT MARIJUANA CULTIVATION IN ALL ZONES, AMENDING THE DEFINITION OF ENFORCEMENT OFFICIAL AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES, SECTION 15061(B)(3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 8.52, Marijuana Cultivation, is hereby added to the Temecula Municipal Code to read as follows: CHAPTER 8.52 - MARIJUANA CULTIVATION 8.52.010 Findings and purpose. The City Council finds and declares the following: A. In 1996, the voters of the State of California approved Proposition 215 (codified as California Health and Safety Code section 11362.5, and entitled "The Compassionate Use Act of 1996"). B. The intent of Proposition 215 was to enable persons who are in need of marijuana for medical purposes to use it without fear of criminal prosecution under limited, specified circumstances. The proposition further provides that "nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or to condone the diversion of marijuana for non-medical purposes." The ballot arguments supporting Proposition 215 expressly acknowledged that "Proposition 215 does not allow unlimited quantities of marijuana to be grown anywhere." C. In 2004, the Legislature enacted Senate Bill 420 (codified as California Health and Safety Code sections 11362.7 et seq., and referred to as the "Medical Marijuana Program") to clarify the scope of Proposition 215, and to provide qualifying patients and primary caregivers who collectively or cooperatively cultivate marijuana for medical purposes with a limited defense to certain specified state criminal statutes. Assembly Bill 2650 (2010) and Assembly Bill 1300 (2011) amended the Medical Marijuana Program to expressly recognize the authority of counties and cities to "[a]dopt local ordinances that regulate the location, operation, or establishment of a medical marijuana cooperative or collective" and to civilly and criminally enforce such ordinances. D. The Medical Marijuana Regulation and Safety Act was enacted by Chapters 688, 698 and 719 of the Statutes of 2015 and is found at Chapter 3.5 of Division 8 of the Business and Professions Code. While the Act establishes standards for the licensed cultivation of medical marijuana, including, but not limited to, the establishment of uniform state minimum health and safety standards, and testing standards, the state requirements established under the Medical Marijuana Regulation and Safety Act authorize a city to prohibit all cultivation of medical marijuana. E. In City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal. 4th 729, the California Supreme Court held that "[n]othing in the CUA or the MMP expressly or impliedly limits the inherent authority of a local jurisdiction, by its own ordinances, to regulate the use of its land..." Additionally, in Maral v. City of Live Oak (2013) 221 Cal. App.4th 975, the Court of Appeal held that "there is no right—and certainly no constitutional right—to cultivate medical marijuana..." The Court in Maral affirmed the ability of a local governmental entity to prohibit the cultivation of marijuana under its land use authority. F. In Browne v. County of Tehama (2013) 213 Cal. App. 4th 704, the California Court of Appeal found that the CUA does not confer a right to cultivate marijuana and that an ordinance limiting the number of medical marijuana plants that may be grown outside, precluding marijuana cultivation within 1000 feet of schools, parks, and churches, and requiring that an opaque fence of at least six feet to be installed around all marijuana grows was not preempted by state law. Further, in Maral the Court of Appeal held that the CUA and the MMP do not preempt a city's police power to completely prohibit the cultivation of all marijuana within that City. G. The Federal Controlled Substances Act, 21 U.S.C. §§ 801 et seq., classifies marijuana as a Schedule I Drug, which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for use under medical supervision. The Federal Controlled Substances Act makes it unlawful, under federal law, for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense, marijuana. The Federal Controlled Substances Act contains no exemption for the cultivation, manufacture, distribution, dispensation, or possession of marijuana for medical purposes. H. Marijuana cultivation in the City can adversely affect the health, safety, and well-being of City residents, visitors and workers. Prohibition of marijuana cultivation in the City is proper and necessary to avoid the risks of criminal activity, degradation of the natural environment, malodorous smells, and indoor electrical fire hazards that may result from unregulated marijuana cultivation, and that are especially significant if the amount of marijuana cultivated on a single premises is not regulated and substantial amounts of marijuana are thereby allowed to be concentrated in one place. 1. The justification for regulating or banning marijuana cultivation pursuant to the City's police power includes, but is not limited to: 1) The increased risk to public safety, based on the value of marijuana plants and the accompanying threat of break-ins, robbery and theft, and attendant violence and injury; 2) the strong "skunk like" malodorous fumes emitted from mature plants which can interfere with the use and enjoyment of neighboring properties by their occupants; and 3) the potential for theft and use by school age children where medical marijuana is cultivated in a visible location, particularly where such location is close to schools. J. Marijuana cultivation at locations or premises within one thousand feet of schools, parks, and community centers creates unique risks that the marijuana plants may be observed by minors, and therefore be especially vulnerable to theft or recreational consumption by minors. Further, the potential for criminal activities associated with marijuana cultivation in such locations poses heightened risks that minors will be involved or endangered. Therefore, any amount of marijuana cultivation in such locations or premises is especially hazardous to public safety and welfare, and to the protection of children and the person(s) cultivating the marijuana plants. K. As recognized by the Attorney General's August 2008 Guidelines for the security and non -diversion of marijuana grown for medical use, marijuana cultivation or other concentration of marijuana in any location or premises without adequate security increases the risk that surrounding homes or businesses may be negatively impacted by nuisance activity such as loitering or crime. L. The limited immunity from specified state marijuana laws provided by the Compassionate Use Act and Medical Marijuana Program and the Medical Marijuana Regulation and Safety Act does not confer a land use right or the right to create or maintain a public nuisance. 8.52.020 Authority. This ordinance is adopted pursuant to the authority granted by Article XI, Section 7 of the California Constitution, Health and Safety Code Section 11362.83, Government Code Sections 25845 and 53069.4, the Medical Marijuana Regulation and Safety Act, and other applicable law. 8.52.030 Definitions. The terms used in this Chapter shall have the definitions provided in Section 17.34.010 of this Code unless otherwise specified. As used in this Chapter the following specific terms shall have the following meanings: A. "Marijuana cultivation." The planting, growing, harvesting, drying, processing, or storage of one or more marijuana plants or any part thereof in any location, indoor or outdoor, fixed or mobile, for medical or other uses, including from within a fully enclosed and secure building. B. "Primary caregiver." Shall have the meaning set forth in Health and Safety Code sections 11362.5 and 11362.7 et seq. C. "Qualified patient." Shall have the meaning set forth in Health and Safety Code sections 11362.5 and 11362.7 et seq. 8.52.040 Prohibitions on marijuana cultivation—Nuisance declared. Marijuana cultivation, either indoors or outdoors, fixed or mobile, for medical or other uses, is prohibited on all parcels, all zones, and all specific plan areas in the City and is hereby declared to be unlawful and a public nuisance. No person owning, renting, leasing, occupying or having charge or possession of any parcel shall cause or allow such parcel to be used for marijuana cultivation. The foregoing prohibition shall be imposed regardless of the number of qualified patients or primary caregivers residing at the premises or participating directly or indirectly in the cultivation. Further, this prohibition shall be imposed notwithstanding any assertion that the person or persons cultivating marijuana are the primary caregiver or caregivers for qualified patients or that such person or persons are collectively or cooperatively cultivating marijuana. 8.52.050 Abatement of unlawful marijuana cultivation. Violations of this Chapter shall be subject to penalties and abatement as provided in Title 1 and Chapter 8.12 this code. No provision of Title 1 or Chapter 8.12 shall authorize a criminal prosecution or arrest prohibited by Health and Safety Code section 11362.71 et seq. Section 2. Residential Zoning Prohibition. Section 17.06.030, Use Regulations, and Table 17.06.030, Residential Districts, are hereby amended to provide that "marijuana cultivation," as defined in Chapter 8.52, is a prohibited use in all residential zones. Section 3. Commercial, Office, Industrial Zoning Prohibition. Section 17.08.030, Use Regulations, and Table 17.08.030, Schedule of Permitted Uses Commercial/Office/Industrial Districts, are hereby amended to provide that "marijuana cultivation," as defined in Chapter 8.52, is a prohibited use in all commercial, office and industrial zones. Section 4. Open Space Zoning Prohibition. Section 17.14.030, Use Regulations, and Table 17.14.030, Schedule of Permtited Uses Open Space, are hereby amended to provide that "marijuana cultivation," as defined in Chapter 8.52, is a prohibited used in all open space zones. Section 5. Enforcement Official. Section 1.21.020, Definitions, of the Temecula Municipal Code is hereby amended to read as follows: 1.21.020 Definitions. The following words and phrases, when used in the context of this Title, shall have the following meanings: A. "Enforcement official" or "enforcement officials" shall be: (1) Members of the Riverside County Sheriff's Department or such other police agency under contract to provide police services to the City; (2) members of the Riverside County Fire Department or such other fire agency under contract to provide fire and emergency services to the City; (3) persons employed by the City whose job descriptions require the person to enforce the provisions of this Code, including but not limited to directors, senior planners, code enforcement officers, building inspectors, or park rangers; and (4) such other employees of the City as may be designated by resolution of the City Council. B. "Legal interest" means any interest that is represented by a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien or other similar instrument, which is recorded with the county recorder. C. "Responsible person" means any person whom an enforcement official determines is responsible for causing or maintaining a violation of the code. The term "responsible person" includes but is not limited to a property owner, tenant, person with a legal interest in real property, or person in possession of real property. Section 6. CEQA Findings. The City Council finds that the adoption of the proposed ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines), Section 15061(b)(3). It can be seen with certainty that there is no possibility that the adoption of this ordinance will have a significant effect on the environment. The ordinance bans the growing of marijuana. Placing such a restriction on the use of property will not result in a permanent alteration of property nor the construction of any new or expanded structures. The adoption of this Ordinance imposes greater limitations on uses allowed in the City and therefore will eliminate adverse environmental impacts. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Michael S. Naggar, 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 Ordinance No. 16- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 12th day of January, 2016, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk DATE OF MEETING: TO: FROM: PREPARED BY: APPLICANT NAME: PROJECT SUMMARY: CEQA: RECOMMENDATION: STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION December 16, 2015 Planning Commission Chairperson and members of the Planning Commission Luke Watson, Director of Community Development Dale West, Case Planner City of Temecula Planning Application Number LR15-1619, Municipal Code amendment adding Chapter 8.52, Marijuana Cultivation, to the Temecula Municipal Code Exempt Section 15061(b)(3) Adopt a Resolution recommending the City Council adopt an Ordinance adding Chapter 8.52, Marijuana Cultivation, to the Temecula Municipal Code to prohibit the cultivation of marijuana, amending Title 17, Zoning, to prohibit marijuana cultivation use in all zones, and amending Chapter 1.21, Administrative Penalties and Citations, to amend the definition of enforcement official. BACKGROUND SUMMARY In 1996, California voters adopted the Compassionate Use Act ("CUA") as a ballot initiative, codified as Health and Safety Code Section 11362.5. The CUA provides a limited defense from prosecution for cultivation and possession of marijuana. In 2004, the Legislature adopted the Medical Marijuana Program Act ("MMP"), codified as Health and Safety Code Sections 11362.5 to 11362.83. The MMP provides qualified patients, primary caregivers, and holders of valid identification cards who collectively or cooperatively cultivate marijuana for medical purposes with a limited defense to certain specified state criminal statutes. In 2010 and 2011, Assembly Bill 2650 (2010) and Assembly Bill 1300 (2011) amended the Medical Marijuana Program Act to expressly recognize the authority of counties and cities to "[a]dopt local ordinances that regulate the location, operation, or establishment of a medical marijuana cooperative or collective" and to civilly and criminally enforce such ordinances. Since AB 2650 and AB 1300, the California courts have found that neither the CUA nor the MMP provide medical marijuana patients with an unfettered right to obtain, cultivate, or dispense marijuana for medical purposes. (City of Riverside v. Inland Empire Patients Health and Wellness Center, 56 Ca1.4th 729 (2013); Maral v. City of Live Oak, 221 Cal.App.4th 975 (2013).) Rather, the statutes set up limited defenses to state criminal prosecution. R:\1AGENDA MANAGER\Planning Commission Items\2015\121615\Item #5 (LR15-1619)\0 PC Staff Report short version (DW v2).docx 1 In November 2013, the Court of Appeal decided and published its decision in the case of Maral v. City of Live Oak, 221 Cal.App.4th 975 (2013). Maral held that cities have authority to prohibit cultivation of all medical marijuana city-wide. The Maral court similarly found that the CUA and MMP do not preempt a city's regulatory authority to prohibit all cultivation in the city, if the city so chooses. The Maral case is a published decision from the Court of Appeal and constitutes legal precedent upon which cities may rely. The plaintiffs in the Maral case petitioned the California Supreme Court seeking review and/or depublication of the case. The Supreme Court has declined to take the case, and it has denied the request for depublication. The decision in the Maral case, therefore, is final and represents the current law of the State. This year, the Governor signed into law three bills comprising the Medical Marijuana Regulation and Safety Act ("the Act"). These bills are designed to impose additional regulatory mechanisms related to medical marijuana. For example, there will be a dual licensing structure which requires a state and local license or permit in order to cultivate, dispense or transport medical marijuana. The legislation appears to allow cities that wish to ban these land use activities to continue to do so; however, there are critical time constraints. 1. Assembly Bill 266 established a dual licensing structure requiring state and local licenses or permits to establish marijuana businesses. 2. Assembly Bill 643 established criteria for the licensing of medical marijuana businesses, regulating physicians, and recognizing local authority to levy taxes and fees. 3. Assembly Bill 243 includes a provision stating that cities that do not have an ordinance regulating or prohibiting cultivation by March 1, 2016, will lose the authority to regulate or ban cultivation within their city limits. Licensing Requirements (both state and local licenses required) As mentioned above, the Act establishes licensing requirements for the cultivation, distribution, and transportation of medical marijuana, safety and testing standards for medical marijuana and medical marijuana products, and regulates the physicians who recommend or prescribe medical marijuana to patients. The Act provides that once regulations are implemented by the state licensing authority, no person or entity may cultivate, possess, manufacture, process, store, test, label, transport, distribute, or sell medical marijuana or a medical marijuana product without first obtaining a state license. The Act also limits cross licensing; in other words, a licensee may only hold one state license in up to two separate license categories, with certain limitations. For instance, an entity may obtain a distributor and transporter license, but is prohibited from also obtaining a license to manufacture, cultivate, test or dispense medical marijuana. The Act also stipulates that any person or entity engaged in commercial cannabis activity have both a state license, and a local license or permit, to operate in the state. This means that if a city prohibits or bans marijuana dispensaries in its jurisdiction, then the marijuana dispensary will be unable to obtain a state license for commercial cannabis activity in that city, since the marijuana dispensary is required to first obtain a local permit, license, or authorization from the city. R:\1AGENDA MANAGER\Planning Commission Items\2015\121615\Item #5 (LR15-1619)\0 PC Staff Report short version (DW v2).docx 2 The Act does not require a city to allow medical marijuana dispensaries within its borders; a city that regulates or bans medical marijuana will be able to retain and enforce its local regulations or ban. The Act expressly protects local licensing practices, zoning ordinances, and local actions taken under a city's constitutional police power. Additionally, the Act upholds a city's power to levy fees and taxes for medical marijuana businesses. The Act also stipulates that a city that does not have land use regulations or an ordinance regulating or prohibiting cultivation of marijuana in effect by March 1, 2016, will lose the authority to regulate or ban cultivation within its city limits. The state will become the sole licensing authority. It should be noted that the Federal Controlled Substances Act, 21 U.S.C. §§ 801 et seq., classifies marijuana as a Schedule I Drug, which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for use under medical supervision. The Federal Controlled Substances Act makes it unlawful, under federal law, for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense, marijuana. The Federal Controlled Substances Act contains no exemption for the cultivation, manufacture, distribution, dispensation, or possession of marijuana for medical purposes. The manufacture, distribution, or possession of marijuana remains unlawful and a federal crime under the Federal Controlled Substance Act (21 U.S.C. §§ 812, 841, 844). ANALYSIS In light of the Maral decision and the Act signed by the Governor, staff was advised by the City Attorney to review its current ordinance and Municipal Code and, if necessary, draft an ordinance regulating marijuana cultivation within the City limits. In April 2006, the City Council adopted Ordinance No. 06-05, amending Sections of the Temecula Municipal Code prohibiting the establishment of medical marijuana dispensaries within the City. After review of Ordinance No. 06-05, staff has determined that it does not regulate the cultivation of marijuana within the City. As discussed above, if a city does not have in place land use regulations that prohibit or regulate the cultivation of marijuana, or chooses not to administer a conditional permit program, then beginning March 1, 2016, the Department of Food and Agriculture will be the sole licensing authority for medical marijuana cultivation applicants in that city. Based on the direction provided to staff and the secondary effects discussed below, a draft Ordinance was prepared, prohibiting the cultivation of marijuana within the City of Temecula. Secondary Effects As recognized by the Attorney General's August 2008 Guidelines for the security and non - diversion of marijuana grown for medical use, marijuana cultivation or other concentration of marijuana in any location or premises without adequate security increases the risk that surrounding homes or businesses may be negatively impacted by nuisance activity such as loitering or crime. Marijuana cultivation in the City can adversely affect the health, safety, and well-being of City residents, visitors and workers. Prohibition of marijuana cultivation in the City is proper and R:\1AGENDA MANAGER\Planning Commission Items\2015\121615\Item #5 (LR15-1619)\0 PC Staff Report short version (DW v2).docx 3 necessary to avoid the risks of criminal activity, degradation of the natural environment, malodorous smells, and indoor electrical fire hazards that may result from unregulated marijuana cultivation, and that are especially significant if the amount of marijuana cultivated on a single premises is not regulated and substantial amounts of marijuana are thereby allowed to be concentrated in one place. Additionally, marijuana cultivation at locations or premises within the vicinity of schools, parks, and community centers creates unique risks that the marijuana plants may be observed by minors, and therefore be especially vulnerable to theft or recreational consumption by minors. Further, the potential for criminal activities associated with marijuana cultivation in such locations poses heightened risks that minors will be involved or endangered. Therefore, any amount of marijuana cultivation in such locations or premises is especially hazardous to public safety and welfare, and to the protection of children and the person(s) cultivating the marijuana plants. The justification for regulating or banning marijuana cultivation pursuant to the City's police power includes, but is not limited to: 1. The increased risk to public safety, based on the value of marijuana plants and the accompanying threat of break-ins, robbery and theft, and attendant violence and injury; 2. The strong "skunk like" malodorous fumes emitted from mature plants which can interfere with the use and enjoyment of neighboring properties by their occupants; and 3. The potential for theft and use by school age children where medical marijuana is cultivated in a visible location, particularly where such location is close to schools. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U -T San Diego on December 5, 2015. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act (CEQA), the adoption of the proposed ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines), Section 15061(b)(3). It can be seen with certainty that there is no possibility that the adoption of this ordinance will have a significant effect on the environment. The ordinance bans the growing of marijuana. Placing such a restriction on the use of property will not result in a permanent alteration of property nor the construction of any new or expanded structures. The adoption of this Ordinance imposes greater limitations on uses allowed in the City and therefore will eliminate adverse environmental impacts. ATTACHMENTS PC Resolution Notice of Public Hearing R:\1AGENDA MANAGER\Planning Commission Items\2015\121615\Item #5 (LR15-1619)\0 PC Staff Report short version (DW v2).docx 4 PC RESOLUTION PC RESOLUTION NO.15- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 8.52, MARIJUANA CULTIVATION, TO THE TEMECULA MUNICIPAL CODE TO PROHIBIT THE CULTIVATION OF MARIJUANA IN THE CITY, AMENDING THE ZONING ORDINANCE TO PROHIBIT MARIJUANA CULTIVATION IN ALL ZONES, AMENDING THE DEFINITION OF ENFORCEMENT OFFICIAL AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES, SECTION 15061(6)(3)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On December 16, 2015 the Planning Commission identified a need to amend the adopted Municipal Code to add a new chapter to the Temecula Municipal Code prohibiting the cultivation of marijuana, amending the zoning ordinance to prohibit marijuana cultivation use in all zones, and amending the definition of enforcement official. (Planning Application No. LR15-1619). B. The Ordinance was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the application and environmental review on December 16, 2015, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council approve Planning Application No. LR15-1619 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Environmental Compliance. In accordance with the California Environmental Quality Act (CEQA), the adoption of the proposed ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines), Section 15061(b)(3). It can be seen with certainty that there is no possibility that the adoption of this ordinance will have a significant effect on the environment. The ordinance bans the growing of marijuana. Placing such a restriction on the use of property will not result in a permanent alteration of property nor the construction of any new or expanded structures. The adoption of this Ordinance imposes greater limitations on uses allowed in the City and therefore will eliminate adverse environmental impacts. Section 3. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council approve Planning Application No. LR15- 1619, a proposed Citywide Ordinance as set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 16th day of December 2015. Lanae Turley-Trejo, Chairman ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 15- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 16th day of December 2015, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary EXHIBIT A City Council Ordinance No. 16-_, Marijuana Cultivation ORDINANCE NO. 16 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 8.52, MARIJUANA CULTIVATION, TO THE TEMECULA MUNICIPAL CODE TO PROHIBIT THE CULTIVATION OF MARIJUANA IN THE CITY, AMENDING THE ZONING ORDINANCE TO PROHIBIT MARIJUANA CULTIVATION IN ALL ZONES, AMENDING THE DEFINITION OF ENFORCEMENT OFFICIAL AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES, SECTION 15061(6)(3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 8.52, Marijuana Cultivation, is hereby added to the Temecula Municipal Code to read as follows: CHAPTER 8.52 - MARIJUANA CULTIVATION 8.52.010 Findings and purpose. The City Council finds and declares the following: A. In 1996, the voters of the State of California approved Proposition 215 (codified as California Health and Safety Code section 11362.5, and entitled "The Compassionate Use Act of 1996"). B. The intent of Proposition 215 was to enable persons who are in need of marijuana for medical purposes to use it without fear of criminal prosecution under limited, specified circumstances. The proposition further provides that "nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or to condone the diversion of marijuana for non-medical purposes." The ballot arguments supporting Proposition 215 expressly acknowledged that "Proposition 215 does not allow unlimited quantities of marijuana to be grown anywhere." C. In 2004, the Legislature enacted Senate Bill 420 (codified as California Health and Safety Code sections 11362.7 et seq., and referred to as the "Medical Marijuana Program") to clarify the scope of Proposition 215, and to provide qualifying patients and primary caregivers who collectively or cooperatively cultivate marijuana for medical purposes with a limited defense to certain specified state criminal statutes. Assembly Bill 2650 (2010) and Assembly Bill 1300 (2011) amended the Medical Marijuana Program to expressly recognize the authority of counties and cities to "[a]dopt local ordinances that regulate the location, operation, or establishment of a medical marijuana cooperative or collective" and to civilly and criminally enforce such ordinances. D. The Medical Marijuana Regulation and Safety Act was enacted by Chapters 688, 698 and 719 of the Statutes of 2015 and is found at Chapter 3.5 of Division 8 of the Business and Professions Code. While the Act establishes standards for the licensed cultivation of medical marijuana, including, but not limited to, the establishment of uniform state minimum health and safety standards, and testing standards, the state requirements established under the Medical Marijuana Regulation and Safety Act authorize a city to prohibit all cultivation of medical marijuana. E. In City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal. 4th 729, the California Supreme Court held that "[n]othing in the CUA or the MMP expressly or impliedly limits the inherent authority of a local jurisdiction, by its own ordinances, to regulate the use of its land..." Additionally, in Maral v. City of Live Oak (2013) 221 Cal. App.4th 975, the Court of Appeal held that "there is no right—and certainly no constitutional right—to cultivate medical marijuana..." The Court in Maral affirmed the ability of a local governmental entity to prohibit the cultivation of marijuana under its land use authority. F. In Browne v. County of Tehama (2013) 213 Cal. App. 4th 704, the California Court of Appeal found that the CUA does not confer a right to cultivate marijuana and that an ordinance limiting the number of medical marijuana plants that may be grown outside, precluding marijuana cultivation within 1000 feet of schools, parks, and churches, and requiring that an opaque fence of at least six feet to be installed around all marijuana grows was not preempted by state law. Further, in Maral the Court of Appeal held that the CUA and the MMP do not preempt a city's police power to completely prohibit the cultivation of all marijuana within that City. G. The Federal Controlled Substances Act, 21 U.S.C. §§ 801 et seq., classifies marijuana as a Schedule I Drug, which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for use under medical supervision. The Federal Controlled Substances Act makes it unlawful, under federal law, for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense, marijuana. The Federal Controlled Substances Act contains no exemption for the cultivation, manufacture, distribution, dispensation, or possession of marijuana for medical purposes. H. Marijuana cultivation in the City can adversely affect the health, safety, and well-being of City residents, visitors and workers. Prohibition of marijuana cultivation in the City is proper and necessary to avoid the risks of criminal activity, degradation of the natural environment, malodorous smells, and indoor electrical fire hazards that may result from unregulated marijuana cultivation, and that are especially significant if the amount of marijuana cultivated on a single premises is not regulated and substantial amounts of marijuana are thereby allowed to be concentrated in one place. I. The justification for regulating or banning marijuana cultivation pursuant to the City's police power includes, but is not limited to: 1) The increased risk to public safety, based on the value of marijuana plants and the accompanying threat of break-ins, robbery and theft, and attendant violence and injury; 2) the strong "skunk like" malodorous fumes emitted from mature plants which can interfere with the use and enjoyment of neighboring properties by their occupants; and 3) the potential for theft and use by school age children where medical marijuana is cultivated in a visible location, particularly where such location is close to schools. J. Marijuana cultivation at locations or premises within one thousand feet of schools, parks, and community centers creates unique risks that the marijuana plants may be observed by minors, and therefore be especially vulnerable to theft or recreational consumption by minors. Further, the potential for criminal activities associated with marijuana cultivation in such locations poses heightened risks that minors will be involved or endangered. Therefore, any amount of marijuana cultivation in such locations or premises is especially hazardous to public safety and welfare, and to the protection of children and the person(s) cultivating the marijuana plants. K. As recognized by the Attorney General's August 2008 Guidelines for the security and non -diversion of marijuana grown for medical use, marijuana cultivation or other concentration of marijuana in any location or premises without adequate security increases the risk that surrounding homes or businesses may be negatively impacted by nuisance activity such as loitering or crime. L. The limited immunity from specified state marijuana laws provided by the Compassionate Use Act and Medical Marijuana Program and the Medical Marijuana Regulation and Safety Act does not confer a land use right or the right to create or maintain a public nuisance. 8.52.020 Authority. This ordinance is adopted pursuant to the authority granted by Article XI, section 7 of the California Constitution, Health and Safety Code section 11362.83, Government Code sections 25845 and 53069.4, the Medical Marijuana Regulation and Safety Act, and other applicable law. 8.52.030 Definitions. The terms used in this Chapter shall have the definitions provided in Section 17.34.010 of this Code unless otherwise specified. As used in this Chapter the following specific terms shall have the following meanings: A. "Marijuana cultivation." The planting, growing, harvesting, drying, processing, or storage of one or more marijuana plants or any part thereof in any location, indoor or outdoor, fixed or mobile, for medical or other uses, including from within a fully enclosed and secure building. B. "Primary caregiver." Shall have the meaning set forth in Health and Safety Code sections 11362.5 and 11362.7 et seq. C. "Qualified patient." Shall have the meaning set forth in Health and Safety Code sections 11362.5 and 11362.7 et seq. 8.52.040 Prohibitions on marijuana cultivation—Nuisance declared. Marijuana cultivation, either indoors or outdoors, fixed or mobile, for medical or other uses, is prohibited on all parcels, all zones, and all specific plan areas in the City and is hereby declared to be unlawful and a public nuisance. No person owning, renting, leasing, occupying or having charge or possession of any parcel shall cause or allow such parcel to be used for marijuana cultivation. The foregoing prohibition shall be imposed regardless of the number of qualified patients or primary caregivers residing at the premises or participating directly or indirectly in the cultivation. Further, this prohibition shall be imposed notwithstanding any assertion that the person or persons cultivating marijuana are the primary caregiver or caregivers for qualified patients or that such person or persons are collectively or cooperatively cultivating marijuana. 8.52.050 Abatement of unlawful marijuana cultivation. Violations of this Chapter shall be subject to penalties and abatement as provided in Title 1 and Chapter 8.12 this code. No provision of Title 1 or Chapter 8.12 shall authorize a criminal prosecution or arrest prohibited by Health and Safety Code section 11362.71 et seq. Section 2. Residential Zoning Prohibition. Section 17.06.030, Use Regulations, and Table 17.06.030, Residential Districts, are hereby amended to provide that "marijuana cultivation," as defined in Chapter 8.52, is a prohibited use in all residential zones. Section 3. Commercial, Office, Industrial Zoning Prohibition. Section 17.08.030, Use Regulations, and Table 17.08.030, Schedule of Permitted Uses Commercial/Office/Industrial Districts, are hereby amended to provide that "marijuana cultivation," as defined in Chapter 8.52, is a prohibited use in all commercial, office and industrial zones. Section 4. Open Space Zoning Prohibition. Section 17.14.030, Use Regulations, and Table 17.14.030, Schedule of Permtited Uses Open Space, are hereby amended to provide that "marijuana cultivation," as defined in Chapter 8.52, is a prohibited used in all open space zones. Section 5. Enforcement Official. Section 1.21.020, Definitions, of the Temecula Municipal Code is hereby amended to read as follows: 1.21.020 Definitions. The following words and phrases, when used in the context of this Title, shall have the following meanings: A. "Enforcement official" or "enforcement officials" shall be: (1) Members of the Riverside County Sheriffs Department or such other police agency under contract to provide police services to the City; (2) members of the Riverside County Fire Department or such other fire agency under contract to provide fire and emergency services to the City; (3) persons employed by the City whose job descriptions require the person to enforce the provisions of this Code, including but not limited to directors, senior planners, code enforcement officers, building inspectors, or park rangers; and (4) such other employees of the City as may be designated by resolution of the City Council. B. "Legal interest" means any interest that is represented by a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien or other similar instrument, which is recorded with the county recorder. C. "Responsible person" means any person whom an enforcement official determines is responsible for causing or maintaining a violation of the code. The term "responsible person" includes but is not limited to a property owner, tenant, person with a legal interest in real property, or person in possession of real property. Section 6. CEQA Findings. The City Council finds that the adoption of the proposed ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines), Section 15061(b)(3). It can be seen with certainty that there is no possibility that the adoption of this ordinance will have a significant effect on the environment. The ordinance bans the growing of marijuana. Placing such a restriction on the use of property will not result in a permanent alteration of property nor the construction of any new or expanded structures. The adoption of this Ordinance imposes greater limitations on uses allowed in the City and therefore will eliminate adverse environmental impacts. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of January, 2016. Michael S. Naggar, 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 Ordinance No. 16- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 12th day of January, 2016, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of, , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk NOTICE OF PUBLIC HEARING Case No: Applicant: Proposal: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: LR15-1619 Marijuana Cultivation Ordinance City of Temecula A staff initiated application to amend the Temecula Municipal Code, to add Chapter 8.52, Marijuana Cultivation, prohibiting all marijuana cultivation in the City. This application also involves an amendment to Sections 17.06.030, 17.080.030 and 17.14.030 of the Zoning Code to prohibit the cultivation of marijuana in residential, commercial, office, industrial and open space zones in the City. The application also amends the definition of enforcement official contained in Section 1.21 of the Temecula Municipal Code. In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA Section 15061(b)(3). It can be seen with certainty that there is no possibility that the adoption of this ordinance will have a significant effect on the environment. The ordinance bans the growing of marijuana. Placing such a restriction on the use of property will not result in a permanent alteration of property nor the construction of any new or expanded structures. The adoption of this Ordinance imposes greater limitations on uses allowed in the City and therefore will eliminate adverse environmental impacts. Dale West, (951) 693-3918 City of Temecula, Council Chambers December 16, 2015 6:00 p.m. The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website — www.cityoftemecula.orq. Any Supplemental Material distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — www.cityoftemecula.orq — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please call the Community Development Department, (951) 694-6400. Notice of Public Hearing THE CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below. Case No: LR15-1619 Marijuana Cultivation Ordinance Applicant: City of Temecula Location: Citywide Proposal: A staff initiated application to amend the Temecula Municipal Code, to add Chapter 8.52, Marijuana Cultivation, prohibiting all marijuana cultivation in the City. This application also involves an amendment to Sections 17.06.030, 17.080.030 and 17.14.030 of the Zoning Code to prohibit the cultivation of marijuana in residential, commercial, office, industrial and open space zones in the City. The application also amends the definition of enforcement official contained in Section 1.21 of the Temecula Municipal Code. Recommended Action: The City Council will consider the Planning Commission's recommendation to (1) amend the Temecula Municipal Code to add Chapter 8.52, Marijuana Cultivation, prohibiting all marijuana cultivation in the City, (2) amend Sections 17.06.030, 17.080.030 and 17.14.030 of the Zoning Code to prohibit the cultivation of marijuana in residential, commercial, office, industrial and open space zones in the City, and (3) amend the definition of enforcement official contained in Section 1.21 of the Temecula Municipal Code. Environmental Action: In accordance with the California Environmental Quality Act (CEQA), the proposed ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines), Section 15061(b)(3). It can be seen with certainty that there is no possibility that the adoption of this ordinance will have a significant effect on the environment. The ordinance bans the growing of marijuana. Placing such a restriction on the use of property will not result in a permanent alteration of property nor the construction of any new or expanded structures. The adoption of this Ordinance imposes greater limitations on uses allowed in the City and therefore will eliminate adverse environmental impacts. Any person may submit written comments to the City Council before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing. Any petition for judicial review of a decision of the City Council shall be filed within the time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the City Council, shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. The proposed project application may be viewed at the public information counter, Temecula Civic Center, Community Development Department, 41000 Main Street, Monday through Friday from 8:00 a.m. until 5:00 p.m. Questions concerning the project(s) may be addressed to Dale West, City of Temecula Community Development Department, (951) 693-3918. PLACE OF HEARING DATE OF HEARING TIME OF HEARING City Council Chambers 41000 Main Street Temecula, California January 12, 2016 7:00 PM REQUESTS TO SPEAK City Council Meeting 01/12/16 I wish to speak on: Subject: REQUEST TO SPEAK CITY OF TEMECULA Date: Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One) y6 —Trt_ c—mi-)Ln Agenda Item No. For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. 5rMJ6-- / IN•D-C TAYCZ(1- Address: Name: If you are representing an organization or group, please give the name: Phone Number: �� 3 Z J Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA Date: wish to speak on: Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One) Subject: \\) Agenda Item No. For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. Name: Address: - Phone Number: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. I wish to speak on: Subject: REQUEST TO SPEAK CITY OF TEMECULA Date: Public Comment CITY COUNCIL ( CSD I SARDA ITHA / TPFA (Circle One) Agenda Item No. / 7 For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. nt:t ?AA/ Name: /' �� Phone Number: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA Date: I wish to speak on: Subject: Public Comment CITY COUNCIL BUSINESS Agenda Item No. For Against Request to Speak forms for Public Comments on Council Business items on the Agenda, a form may be submitted to the City Clerk prior to the City Council addressing that item. The your name when the matter comes up. lease go to the podium and state your name for the re Name: B�(� �� C��n� 1 • Address: If you are representing an or�anization or group, please give the name: Phone Number: Request to Speak City Clerk will call cord. Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA Date: I wish to speak on: Nr Public Comment CITY COUNCIL CSD / SARDA /THA / TPFA (Circle One) Subject: pi Agenda Item No. ) �/ For Against I Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. Name' If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA I wish to speak on: f U NCIP'. 14 Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One) Subject: 12-st tkPoe kf U L o v c (P Oc.) Pi tuft- Date: o - Date: (r/) /z —20/6 Agenda Item No. / /-/ For Against}f j fUly/ h c, Request to Speak forms for Public Comments or items listed on the Consent (Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. Name: 141-/h/1-) Address: If you are representing an organization or group, please give the name: (-1)I>' .&el "vy\ Q,oL 0.42( wan t9- C! c7 r 2 €t Phone Number: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. I wish to speak on: Subject: REQUEST TO SPEAK CITY OF TEMECULA Date: /—/2—/5 Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One) 012 C Agenda Item No. / Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the re rd. Name: 1"e: ie6-rly Phone Number: Address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA Date: //7 6 I wish to speak on: Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One) Subject: FX Agenda Item No. / L7 For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. y / Name: Address: If you are representing an organization or group, please give the name: Phone Number: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. I wish to speak on: Subject: REQUEST TO SPEAK CITY OF TEMECULA Date: //-/ Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One) Agenda Item No. l For Against Request to Speak forms for Public Comments or items listed o the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. Name:/ LG t,✓r Address: Phone Number: �' S-37- 00,7 If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. I wish to speak on: REQUEST TO SPEAK CITY OF TEMECULA Date: vZ//0 Public Comment CITY COUNCIL / CSD / SARDA�y/THA / TPFA (Circle One) Subject: CJ r l Y7 fie_ /(� J �/' `�l�i� v ie( rC U /IT 1/Z717'140 Agenda Item No. For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. Lat,/r t 70 / /elm Name: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA Date: P—t-'7, — l I wish to speak on: Public Comment CITY COUNGIL / CSD / SARDA /THA / TPFA (Circle One) Subject: CAA i r.z..r •4- • — � �� v Agenda Item No. For 1 Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. Name: D k,eveNc\ ►'_a.r—,, c7 Address: - Phone Number: t '0 If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. I wish to speak on: REQUEST TO SPEAK CITY OF TEMECULA Date: Public Comment &OMR / CSD / SARDA /THA / TPFA (Circle One) Subject: � ) (GI r\A. 6.t -r f, j c/3 C4,7 cA._ C I ("�or Ova, � Agenda Item No. Ag Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. Gyle Name: Address: Phone Number: If you are representing an organization or group, please giy the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. I wish to speak on: Subject: REQUEST TO SPEAK CITY OF TEMECULA Date: Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Circle One) Agenda Item No. Xy For /1k Against Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City Clerk will call your name when the matter comes up. Please go to the podium and state your name for the record. Name: W4 -t-10/ /4 Address: Phone Number: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. I wish to speak on: REQUEST TO SPEAK CITY OF TEMECULA Date: Public Comment CITY COUNCIL / CSD / SARDA /THA / TPFA (Ci • e One) /16 Subject: Agenda Item No. ` 17-1 i For Agai Request to Speak forms for Public Comments ori s listed on the Consent Calendar must be submitted to the City Clerk prior to the City Council commenci the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request Speak form must be submitted to the City Clerk prior to the City Council addressing that item. The City rk will call your name when the matter comes up. Please go to the podium and state your name for the re rd. Name: rfP,"t" �N �/ Address: l e iviet cul o- Phone Number: "167-- 325-- q5^61 If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. DOCUMENTS SUBMITTED FOR THE RECORD Randi Johl From: Aaron Adams Sent: Tuesday, January 12, 2016 6:44 PM To: Randi Johl Subject: Fwd: Opposition to LR15-1619 Attorney Client Privilege Sent from my iPhone Begin forwarded message: From: Betsy Lowrey <Betsy.Lowrey@cityouftemecula.org> Date: January 12, 2016 at 6:37:17 PM PST To: Peter Thorson <pthorsonArwglaw.com>, Aaron Adams <Aaron.Adams@cityoftemecula.org>, Greg Butler<Greg.Butler@cityoftemecula.org>, Luke Watson <Luke.Watson(a�cityoftemecula.o> Cc: Sue Steffen<Sue.Steffen@cityoftemecula.org> Subject: FW: Opposition to LR15-1619 Attorney Client Privilege fyi Betsy Lowrey Sr. Management Analyst City of Temecula (951) 693-3959 betsy.lowrev@citvoftemecula.org Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the Califomia Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Bill Gould [mailto:fullvaluec hotmail.com] Sent: Tuesday, January 12, 2016 6:17 PM To: Michael McCracken; Matt Rahn; Jeff Comerchero; Mike Naggar; Maryann Edwards; Council Assistant Subject: Opposition to LR15-1619 1/12/2016 Dear Temecula Mayor Naggar and City Councilpersons, I write to you today in opposition to tonight's agenda item number 17, the public hearing for LR15-1619. I am not able to speak in person tonight, so I submit this in writing. I believe this proposed ordinance goes over the line to invading the lives, personal space and private property rights of Temecula's citizens who seek to grow their own state legal medicine. Prop 215 and SB420 allow our states citizens access to safe and often Tess addictive alternatives than many pharmaceuticals counterparts. By passing this ordinance you will not stop the use of or growing of medical marijuana - you will only criminalize everyday average residents of this beautiful city. Please do not pass this ordinance! 1 In addition, I think it is short sighted to not allow city registered medical marijuana dispensaries in Temecula. As a council you should consider repealing Ord 06-05 and pass a new modern ordinance allowing for the registering and taxation of dispensaries. I urge Mayor Naggar, the City Council and city staff to look to our friends in the desert, Palm Springs, who have medical marijuana dispensaries registered in their city with out the dreaded 'destruction of moral society' occurring as some people had predicted. Instead of 'druggie chaos', Palm Springs enjoys an increase in tax dollars and safe, clean, regulated marijuana facilities for the use of people in need. Keeping dispensaries banned permanently in Temecula and passing this new anti -medical marijuana ordinance does nothing to stop the use of marijuana, it only creates more criminals out of the common person here in town looking for medical relief. This truly goes against the recent marketing plan floating around facebook of: 'Temecula Has Heart'. Again, I urge you all - look for a well thought better plan and please DO NOT pass LR15-1619 tonight. Thank you for your time, William 'Bill' Gould Jr 2 http://archinte. j amanetworlccom/article.aspx?articl e id=1898878#lntr... Original Investigation 1 October 2014 Medical Cannabis Laws and Opioid Analgesic Overdose Mortality in the United States, 1999-2010 FREE Marcus A. Bachhuber, MD1,2,3; Brendan Saloner, PhD3'4; Chinazo O. Cunningham, MD, MS5; Colleen L. Barry, PhD, MPP3'6 1Center for Health Equity Research and Promotion, Philadelphia Veterans Affairs Medical Center, Philadelphia, Pennsylvania 2Robert Wood Johnson Foundation Clinical Scholars Program, University of Pennsylvania, Philadelphia 3Leonard Davis Institute of Health Economics, University of Pennsylvania, Philadelphia 4Robert Wood Johnson Health and Society Scholars Program, University of Pennsylvania, Philadelphia 5Division of General Internal Medicine, Montefiore Medical Center/Albert Einstein College of Medicine, Bronx, New York 6Department of Health Policy and Management, the Johns Hopkins Bloomberg School of Public Health, Baltimore, Maryland JAMA Intern Med. 2014;174(10):1668-1673. doi:10.1001 /jamainternmed.2014.4005. ABSTRACT Importance Opioid analgesic overdose mortality continues to rise in the United States, driven by increases in prescribing for chronic pain. Because chronic pain is a major indication for medical cannabis, laws that establish access to medical cannabis may change overdose mortality related to opioid analgesics in states that have enacted them. Objective To determine the association between the presence of state medical cannabis laws and opioid analgesic overdose mortality. 1 of 17 1/9/2016 10:46 PM 201'17 http://archinte. j amanetwork.com/articl e. aspx?article id=1898878# Intr... Design, Setting, and Participants A time -series analysis was conducted of medical cannabis laws and state -level death certificate data in the United States from 1999 to 2010; all 50 states were included. Exposures Presence of a law establishing a medical cannabis program in the state. Main Outcomes and Measures Age-adjusted opioid analgesic overdose death rate per 100 000 population in each state. Regression models were developed including state and year fixed effects, the presence of 3 different policies regarding opioid analgesics, and the state -specific unemployment rate. Results Three states (California, Oregon, and Washington) had medical cannabis laws effective prior to 1999. Ten states (Alaska, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Rhode Island, and Vermont) enacted medical cannabis laws between 1999 and 2010. States with medical cannabis laws had a 24.8% lower mean annual opioid overdose mortality rate (95% CI, -37.5% to -9.5%; P= .003) compared with states without medical cannabis laws. Examination of the association between medical cannabis laws and opioid analgesic overdose mortality in each year after implementation of the law showed that such laws were associated with a lower rate of overdose mortality that generally strengthened over time: year 1 (-19.9%; 95% CI, -30.6% to -7.7%; P= .002), year 2 (-25.2%; 95% CI, -40.6% to -5.9%; P= .01), year 3 (-23.6%; 95% CI, -41.1% to -1.0%; P= .04), year 4 (-20.2%; 95% CI, -33.6% to -4.0%; P= .02), year 5 (-33.7%; 95% CI, -50.9% to -10.4%; P= .008), and year 6 (-33.3%; 95% CI, -44.7% to -19.6%; P< .001). In secondary analyses, the findings remained similar. Conclusions and Relevance Medical cannabis laws are associated with significantly lower state -level opioid overdose mortality rates. Further investigation is required to determine how medical cannabis laws may interact with policies aimed at preventing opioid analgesic overdose. 1/9/2016 10:46 PM I http://archinte.jamanetwork.com/article.aspx?articleid=1898878#Intr... INTRODUCTION Chronic noncancer pain is common in the United States,1 and the proportion of patients with noncancer pain who receive prescriptions for opioids has almost doubled over the past decade.2 In parallel to this increase in prescriptions, rates of opioid use disorders and overdose deaths have risen dramatically.3'4 Policies such as prescription drug monitoring programs, increased scrutiny of patients and providers, and enhanced access to substance abuse treatment have been advocated to reduce the risk of opioid analgesics; however, relatively less attention has focused on how the availability of alternative nonopioid treatments may affect overdose rates. As of July 2014, a total of 23 states have enacted laws establishing medical cannabis programsb and chronic or severe pain is the primary indication in most states.7-10 Medical cannabis laws are associated with increased cannabis use among adults.11 This increased access to medical cannabis may reduce opioid analgesic use by patients with chronic pain, and therefore reduce opioid analgesic overdoses. Alternatively, if cannabis adversely alters the pharmacokinetics of opioids or serves as a "gateway" or "stepping stone" leading to further substance use,12- 14 medical cannabis laws may increase opioid analgesic overdoses. Given these potential effects, we examined the relationship between implementation of state medical cannabis laws and opioid analgesic overdose deaths in the United States between 1999 and 2010. METHODS The opioid analgesic overdose mortality rate in each state from 1999 to 2010 was abstracted using the Wide-ranging Online Data for Epidemiologic Research interface to multiple cause -of -death data from the Centers for Disease Control and Prevention.' 5 We defined opioid analgesic overdose deaths as fatal drug overdoses of any intent (International Statistical Classification of Diseases,10th revision [ICD -10], codes X40 -X44, X60 -X64, and Y10 -Y14) 3 of 17 1/9/2016 10:46 PM http://archinte.jamanetwork.com/article.aspx?articleid=1898878#Intr... where an opioid analgesic was also coded (T40.2 -T40.4). This captures all overdose deaths where an opioid analgesic was involved including those involving polypharmacy or illicit drug use (eg, heroin). Analysis of publicly available secondary data is considered exempt by the University of Pennsylvania Institutional Review Board. Three states (California, Oregon, and Washington) had medical cannabis laws effective prior to 1999.6 Ten states (Alaska, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Rhode Island, and Vermont) implemented medical cannabis laws between 1999 and 2010. Nine states (Arizona, Connecticut, Delaware, Illinois, Maryland, Massachusetts, Minnesota, New Hampshire, and New York) had medical cannabis laws effective after 2010, which is beyond the study period. New Jersey's medical cannabis law went into effect in the last quarter of 2010 and was counted as effective after the study period. In each year, we first plotted the mean age-adjusted opioid analgesic overdose mortality rate in states that had a medical cannabis law vs states that did not. Next, we determined the association between medical cannabis laws and opioid analgesic—related deaths using linear time -series regression models. For the dependent variable, we used the logarithm of the year- and state -specific age-adjusted opioid analgesic overdose mortality rate. Our main independent variable of interest was the presence of medical cannabis laws, which we modeled in 2 ways. In our first regression model, we included an indicator for the presence of a medical cannabis law in the state and year. All years prior to a medical cannabis law were coded as 0 and all years after the year of passage were coded as 1. Because laws could be implemented at various points in the year, we coded the law as a fraction for years of implementation (eg, 0.5 for a law that was implemented on July 1). The coefficient on this variable therefore represents the mean difference, expressed as a percentage, in the annual opioid analgesic overdose mortality rate associated with the implementation of 4°117 1/9/2016 10:46 PM http://archi nte. j amanetwork.com/arti cle.aspx?arti cl ei d-1898878#lntr... medical cannabis laws. To estimate the absolute difference in mortality associated with medical cannabis laws in 2010, we calculated the expected number of opioid analgesic overdose deaths in medical cannabis states had laws not been present and subtracted the actual number of overdose deaths recorded. In our second model, we allowed the effect of medical cannabis laws to vary depending on the time elapsed since enactment, because states may have experienced delays in patient registration, distribution of identification cards, and establishment of dispensaries, if applicable. Accordingly, we coded years with no law present as 0, but included separate coefficients to measure each year since implementation of the medical cannabis law for states that adopted such laws. States that implemented medical cannabis laws before the study period were coded similarly (eg, in 1999, California was coded as 3 because the law was implemented in 1996). This model provides separate estimates for 1 year after implementation, 2 years after implementation, and so forth. Each model adjusted for state and year (fixed effects). We also included 4 time -varying state -level factors: (1) the presence of a state -level prescription drug monitoring program (a state -level registry containing information on controlled substances prescribed in a state),16 (2) the presence of a law requiring or allowing a pharmacist to request patient identification before dispensing medications,17 (3) the presence of regulations establishing increased state oversight of pain management clinics,18 and (4) state- and year -specific unemployment rates to adjust for the economic climate.19 Colinearity among independent variables was assessed by examining variance inflation factors; no evidence of colinearity was found. For all models, robust standard errors were calculated using procedures to account for correlation within states over time. To assess the robustness of our results, we performed several further analyses. First, we excluded intentional opioid analgesic overdose deaths from the age-adjusted overdose mortality rate to focus exclusively on nonsuicide deaths. 5 of 17 1/9/2016 10:46 PM http://archinte. jamanetwork.com/article.aspx?articleid=1898878#Intr... Second, because heroin and prescription opioid use are interrelated for some individuals,20- 23 we included overdose deaths related to heroin, even if no opioid analgesic was coded. Third, we assessed the robustness of our findings to the inclusion of state -specific linear time trends that can be used to adjust for differential factors that changed linearly over the study period (eg, hard -to - measure attitudes or cultural changes). Fourth, we tested whether trends in opioid analgesic overdose mortality predated the implementation of medical cannabis laws by including indicator variables in a separate regression model for the 2 years before the passage of the Iaw.24 Finally, to test the specificity of any association found between medical cannabis laws and opioid analgesic overdose mortality, we examined the association between state medical cannabis laws and age-adjusted death rates of other medical conditions without strong links to cannabis use: heart disease (ICD -10 codes 100-109, 111, 113, and 120-151)25 and septicemia (A40 -A41). All analyses were performed using SAS, version 9.3 (SAS Institute Inc). RESULTS The mean age-adjusted opioid analgesic overdose mortality rate increased in states with and without medical cannabis laws during the study period (Figure 1). Throughout the study period, states with medical cannabis laws had a higher opioid analgesic overdose mortality rate and the rates rose for both groups; however, between 2009 and 2010 the rate in states with medical cannabis laws appeared to plateau. Figure 1. Mean Age -Adjusted Opioid Analgesic Overdose Death Rate States with medical cannabis laws compared with states without such laws in the United States, 1999-2010. 6 of 17 1/9/2016 10:46 PM http://archinte. j amanetwork.com/article.aspx?articleid=1898878# Intr... ,' l; !j° !. View Large I Save Figure I Download Slide (.ppt) I View in Article Context In the adjusted model, medical cannabis laws were associated with a mean 24.8% lower annual rate of opioid analgesic overdose deaths (95% CI, -37.5% to -9.5%; P= .003) (Table), compared with states without laws. In 2010, this translated to an estimated 1729 (95% CI, 549 to 3151) fewer deaths than expected. Medical cannabis laws were associated with lower rates of opioid analgesic overdose mortality, which generally strengthened in the years after passage (Figure 2): year 1 (-19.9%; 95% CI, -30.6% to -7.7%; P = .002), year 2 (-25.2%; 95% CI, -40.6% to -5.9%; P= .01), year 3 (-23.6%; 95% CI, -41.1% to -1.0%; P = .04), year 4 (-20.2%; 95% CI, -33.6% to -4.0%; P = .02), year 5 (-33.7%; 95% CI, -50.9% to -10.4%; P = .008), and year 6 (-33.3%; 95% CI, -44.7% to -19.6%; P < .001). The other opioid analgesic policies, as well as state unemployment rates, were not significantly associated with opioid analgesic mortality rates. Table. Association Between Medical Cannabis Laws and State -Level Opioid Analgesic Overdose Mortality Rates in the United States, 1999-2010 View Large I Save Table I Download Slide (.ppt) I View in Article Context Figure 2. Association Between Medical Cannabis Laws and Opioid Analgesic Overdose Mortality in Each Year After Implementation of Laws in the United States, 1999-2010 Point estimate of the mean difference in the opioid analgesic overdose mortality rate in states with medical cannabis laws compared with states without such laws; whiskers indicate 95% Cls. 7o117 1/9/2016 10:46 PM http://archi nte. j amanetworkcom/article.aspx?articleid=1898878# lntr... View Large I Save Figure 1 Download Slide (.ppt) I View in Article Context • In additional analyses, the association between medical cannabis laws and opioid analgesic mortality rates was similar after excluding intentional deaths (ie, suicide) and when including all heroin overdose deaths, even if an opioid analgesic was not involved (Table). Including state -specific linear time trends in the model resulted in a borderline significant association between laws and opioid analgesic overdose mortality (-17.9%; 95% CI, -32.7% to 0.3%; P= .054). When examining the years prior to law implementation, we did not find an association between medical cannabis laws and opioid analgesic overdose mortality 2 years prior to law implementation (-13.1%; 95% CI, -45.5% to 38.6%; P= .56) or 1 year prior (1.2%; 95% CI, -41.2% to 74.0%; P= .97). Finally, we did not find significant associations between medical cannabis laws and mortality associated with heart disease (1.4%; 95% CI, -0.2% to 2.9%; P = .09) or septicemia (-1.8%; 95% CI, -7.6% to 4.3%; P .55). DISCUSSION In an analysis of death certificate data from 1999 to 2010, we found that states with medical cannabis laws had lower mean opioid analgesic overdose mortality rates compared with states without such laws. This finding persisted when excluding intentional overdose deaths (ie, suicide), suggesting that medical cannabis laws are associated with lower opioid analgesic overdose mortality among individuals using opioid analgesics for medical indications. Similarly, the association between medical cannabis laws and lower opioid analgesic overdose mortality rates persisted when including all deaths related to heroin, even if no opioid analgesic was present, indicating that lower rates of opioid analgesic overdose mortality were not offset by higher rates of heroin overdose mortality. Although the exact mechanism is unclear, our results suggest a link between medical cannabis laws and lower opioid analgesic overdose mortality. 8 of 17 1/9/2016 10:46 PM http://archinte. jamanetwork.com/article.aspx?articleid=1898878#Intr... Approximately 60% of all opioid analgesic overdoses occur among patients who have legitimate prescriptions from a single provider.26 This group may be sensitive to medical cannabis laws; patients with chronic noncancer pain who would have otherwise initiated opioid analgesics may choose medical cannabis instead. Although evidence for the analgesic properties of cannabis is limited, it may provide analgesia for some individuals.27728 In addition, patients already receiving opioid analgesics who start medical cannabis treatment may experience improved analgesia and decrease their opioid dose,29,30 thus potentially decreasing their dose-dependent risk of overdose.31'32 Finally, if medical cannabis laws lead to decreases in polypharmacy—particularly with benzodiazepines—in people taking opioid analgesics, overdose risk would be decreased. Further analyses examining the association between medical cannabis laws and patterns of opioid analgesic use and polypharmacy in the population as a whole and across different groups are needed. A connection between medical cannabis laws and opioid analgesic overdose mortality among individuals who misuse or abuse opioids is less clear. Previous laboratory work has shown that cannabinoids act at least in part through an opioid receptor mechanism33'34 and that they increase dopamine concentrations in the nucleus accumbens in a fashion similar to that of heroin and several other drugs with abuse potential.33,35 Clinically, cannabis use is associated with modest reductions in opioid withdrawal symptoms for some people,36,37 and therefore may reduce opioid use. In contrast, cannabis use has been linked with increased use of other drugs, including opioids14,38- 40; however, a causal relationship has not been established.14'41 Increased access to cannabis through medical cannabis laws could influence opioid misuse in either direction, and further study is required. Although the mean annual opioid analgesic overdose mortality rate was lower in states with medical cannabis laws compared with states without such laws, the findings of our secondary analyses deserve further consideration. State -specific characteristics, such as trends in attitudes or health behaviors, may explain variation in medical cannabis laws and opioid analgesic overdose mortality, and 9 of 17 1/9/2016 10:46 PM http://archinte.jamanetwork.com/article.aspx?articleid=1898878#Intr... we found some evidence that differences in these characteristics contributed to our findings. When including state -specific linear time trends in regression models, which are used to adjust for hard -to -measure confounders that change over time, the association between laws and opioid analgesic overdose mortality weakened. In contrast, we did not find evidence that states that passed medical cannabis laws had different overdose mortality rates in years prior to law passage, providing a temporal Zink between laws and changes in opioid analgesic overdose mortality. In addition, we did not find evidence that laws were associated with differences in mortality rates for unrelated conditions (heart disease and septicemia), suggesting that differences in opioid analgesic overdose mortality cannot be explained by broader changes in health. In summary, although we found a lower mean annual rate of opioid analgesic mortality in states with medical cannabis laws, a direct causal link cannot be established. This study has several limitations. First, this analysis is ecologic and cannot adjust for characteristics of individuals within the states, such as socioeconomic status, race/ethnicity, or medical and psychiatric diagnoses. Although we found that the association between medical cannabis laws and lower opioid overdose mortality strengthened in the years after implementation, this could represent heterogeneity between states that passed laws earlier in the study period vs those that passed the laws later. Second, death certificate data may not correctly classify cases of opioid analgesic overdose deaths, and reporting of opioid analgesics on death certificates may differ among states; misclassification could bias our results in either direction. Third, although fixed - effects models can adjust for time -invariant characteristics of each state and state -invariant time effects, there may be important time- and state -varying confounders not included in our models. Finally, our findings apply to states that passed medical cannabis laws during the study period and the association between future laws and opioid analgesic overdose mortality may differ. CONCLUSIONS 10 of 17 1/9/2016 10:46 PM http://archinte.jamanetwork.com/article.aspx?articleid=1898878#Intr... Although the present study provides evidence that medical cannabis laws are associated with reductions in opioid analgesic overdose mortality on a population level, proposed mechanisms for this association are speculative and rely on indirect evidence. Further rigorous evaluation of medical cannabis policies, including provisions that vary among states,14,42 is required before their wide adoption can be recommended. If the relationship between medical cannabis laws and opioid analgesic overdose mortality is substantiated in further work, enactment of laws to allow for use of medical cannabis may be advocated as part of a comprehensive package of policies to reduce the population risk of opioid analgesics. ARTICLE INFORMATION Accepted for Publication: May 2, 2014. Corresponding Author: Marcus A. Bachhuber, MD, Center for Health Equity Research and Promotion, Philadelphia Veterans Affairs Medical Center, 423 Guardian Dr, 1303-A Blockley Hall, Philadelphia, PA 19104 (marcus. bachhuber@gmail.com ). Published Online: August 25, 2014. doi:10.1001/jamainternmed.2014.4005. Author Contributions: Dr Bachhuber had full access to all the data in the study and takes responsibility for the integrity of the data and the accuracy of the data analysis. Study concept and design: Bachhuber, Saloner, Barry. Acquisition, analysis, or interpretation of data: Bachhuber, Cunningham, Barry. Drafting of the manuscript: Bachhuber, Saloner. Critical revision of the manuscript for important intellectual content: All authors. Statistical analysis: Bachhuber, Saloner, Barry. 11 of 17 1/9/2016 10:46 PM http://archinte jamanetworkcom/article.aspx?articleid=1898878#Intr... Study supervision: Cunningham, Barry. Conflict of Interest Disclosures: Dr Cunningham's husband was recently employed by Pfizer Pharmaceuticals and is currently employed by Quest Diagnostics. No other disclosures are reported. Funding/Support: This work was funded by National Institutes of Health (NIH) grants R01 DA032110 and R25DA023021 and the Center for AIDS Research at the Albert Einstein College of Medicine andMontefiore Medical Center grant NIH AI -51519. Dr Saloner received funding support from the Robert Wood Johnson Foundation Health and Society Scholars Program. Dr Bachhuber received funding support from the Philadelphia Veterans Affairs Medical Center and the Robert Wood Johnson Foundation Clinical Scholars Program. Role of the Sponsor: The sponsors had no role in the design and conduct of the study; collection, management, analysis, and interpretation of the data; preparation, review, or approval of the manuscript; and decision to submit the manuscript for publication. 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Marijuana liberalization policies: why we can't learn much from policy still in motion. J Policy Anal Manage. 2014;33(1):212-221. PubMed Link to Article Copyright ©2016 American Medical Association 17 of 17 1/9/2016 10:46 PM From: Danilo Banta dani!o banta@gmail corn Subject: RE NOTICE OF PUBLIC HEARING MARIJUANA CULTIVATION ORDNANCE (LR15-1619) Date: January 12, 2016 at 4:50 PM To: michael.mccracken@citycouncil.org, matt.rahn@citycouncil.org, jeff.comerchero@citycouncil.org, mnaggar@citycouncil.org, maryann.edwards@citycouncil.org Cc: acekenace@hotmail.com January 12, 2016 Dear City of Temecula, My name is Danilo Q. Banta and I am a 36 year old disabled US Navy veteran who proudly and honorably served my country from 2000- 2012. I am also a cannabis patient who is educated (Bachelors degree in Business Management, currently working on Masters degree in Business Administration) and successful with years of combined experience in administration, finance, and leadership. I 'd like to advocate for cannabis and want to help educate the community in order to help disabled veterans and others patients. But first things first I AM NOT A CRIMINAL! I reside in the beautiful City of Temecula, the home to my family and where I raised my children for the past 15 years. What many do not realize is this city has a large population of disabled veterans and patients who elect to utilize cannabis for its medicinal properties. Unfortunately, the size of the cannabis patient population is unrealized due to the stigma left behind by prohibition causing patients to hide in the shadows and find alternative ways to access their medication whether it be through legal means or through the black market. If the city decides to ban cannabis cultivation or dispensaries, it will allow the unregulated black market to continue operating in our community and pushes disabled veterans and other law abiding citizens elsewhere to receive their medication. A little background on myself, I joined the Navy 15 years ago in order to better myself, gain discipline, and become successful in life. I didn't realize till I joined the Navy, how much I could accomplish when I put my head to it. I grew maturity, learned respect, and discipline. While other "boot -campers" were out drinking and partying, I stayed in my room and studied. I was able to get the top of my class in and was "Automatic Advanced" to E4, I was able to make E5 my second eligible, and E6 one year early with an "Early Promote" evaluation. Before I knew it, I was E6 in 4'/2 years! This feat gave me the opportunity to be exposed to a full range of leadership opportunities early on in my career. My ambition enabled me to successfully excel early on as Leading Petty Officer of an Administrative Department at a Helicopter Squadron where I did a world cruise deployment and a regular Western Pacific deployment onboard the USS CARL VINSON (CVN 70) in support of the Global War on Terrorism. After that tour, I was hand selected to become an Administrative Officer due to my diverse technical expertise and effectively led over 30 military and civilian personnel as Leading Petty Officer at Personnel Support Detachment, Camp Pendleton. During this tour, I volunteered as an Individual Augment to Joint Task Force Guantanamo Bay, where during a crucial and historic spotlight, I was trusted with a unique opportunity to lead a joint command which broadened my managerial abilities by leading over 8 joint personnel in support for the Office of Military Commissions and 13 personnel in Contractor Escort Duties at the Detention Facilities, which proved my ability to adapt to the organizational cultures of all branches of service while effectively executing a critical joint mission. After my deployment to Guantanamo Bay, I transferred to the USS Carl Vinson (CVN 70) where I became the Administrative Department Leading Petty Officer in charge of 45 Personnel. My time onboard the Vinson was very memorable. While on a scheduled homeport change from Norfolk, VA to San Diego, CA, a Targe earthquake hit Haiti and after our first day of deployment we became first responders, saving thousands of lives. On my second deployment onboard the USS Carl Vinson, we made history as the ship that conducted the "Burial at Sea" for Osama Bin Ladin's deceased body after Seal Team Six conducted the historic raid on his compound. Although I had an outstanding career, after three consecutive back to back extended deployments with only a three month break in between, I decided that my family needed me more than ever and decided to call it quits after 11 and a half years in the Navy. During my time in the Navy, I was able to accomplish so much and gain knowledge beyond what I could ever imagine. I had a consistent and proven track record of being a quality leader with an extraordinary acumen for administrative functions. 1 earned an apprenticeship in Office Management through the United Services Military Apprenticeship Program. I am a firm believer of leading by example as reflected by my off-duty education, and numerous volunteer hours to the community helping me earn the Military Outstanding Volunteer Service Medal. I'm sure you're wondering what my point is in telling you my life story....its to give you an idea that I am reputable and law abiding and that there are thousands of others in the city of Temecula just like me. When I left the military, the Veterans Affairs diagnosed me with Depression, Generalized Anxiety Disorder, Migraines, Chronic Fatigue Syndrome, Fibromyalgia, Irritable Bowel Syndrome, Tremors, Sleep Apnea, and back/neck pain. Despite numerous adjustments to the treatment of my service connected disabilities, they were very ineffective in providing long term relief. I built tolerance and/or have been affected by side effects to my medication and several adjustments to treatment have been ineffective. I experienced an increase in my fatigue, depression, and anxiety and had to discontinue several medications which were known to contribute to fatigue leaving me vulnerable to aches and pains from Fibromyalgia, return of tremors, depression and anxiety. When I was employed, I would not eat lunch so that I can nap in my vehicle during lunch break, my wife and children would get upset because I would be too tired to do anything with them. My Psych also mentioned that I can possibly have my drivers license restricted due to my fatigue. I was prescribed 14 different medications to handle my ailments which is far too much for my body to handle. They were not helping and many times made things worse, not to mention the long-term effects. I decided to wean off of most of them with the help of Cannabis. Temecula is a very strong and open minded community. We have many avenues of recreation including the historic Old Town Temecula, which occasionally brings together hot rod enthusiast from all over America, Pechanga Resort and Casino which provides a means for adults to unwind and enjoy leisures such as gambling, and last but not least, the Temecula Wine Country which provides a romantic getaway for couples all over California. By allowing and regulating cannabis, it shows that Temecula is progressive city that has responsible individuals who care about the community. We do not punish Temeculan's by not allowing hot rod/motorcycle runs nor harass enthusiast because the threat of violence between the Hells Angels and Mongols. We do not shun the Pechanga Indian Tribe for instilling gambling into Temecula, and we do not shun Wine Country for irresponsible alcoholics who choose not to follow the laws. I believe that the city of Temecula has the strength and character to manage cannabis better than anywhere else in the state (if not the country) and it would serve as an injustice to innocent law abiding citizens to disallow it. THIS IS NOT FAIR! The intentions of AB266 is not to ban dispensaries and cultivation but to legitimize and bring Cannabis forward and enable access for patients such as myself. There are more and more legitimate studies stating that it helps people and to politicize it by denying access to patients sends the wrong message. Please reconsider this ban on dispensaries and cultivation and/or at the very least, align Temecula's policies with state laws. Save our tax dollars to keep crime out of our city, not to keep access from and make Cannabis patients feel like criminals for those who turn to it as an alternative. Thank you very much for your time. If you have any questions, you can reach me at any time via email: V/r /s/ Danilo Q Banta Disabled Veteran (U.S. Navy) and Cannabis Patient P15-1044 — MARIJUANA CULTIVATION - EXHIBIT 1 Chapter 19.342 MARIJUANA CULTIVATION 19.342.010 Purpose 19.342.020 Applicability and Permit Requirements 19.342.030 Site Location, Operation, and Development Standards 19.342.040 Other Applicable Regulations 19.342.050 Voiding of Marijuana Cultivation License 19.342.010 Purpose A. The purpose of this Chapter is to prevent community -wide adverse impacts including, but not limited to. increased criminal activity, fire and chemical hazards. objectionable odors, late night traffic, and the general deterioration of neighborhoods associated with marijuana cultivation as defined in Article X (Definitions) Marijuana cultivation in the City of Riverside ("City") can adversely affect the health, safety, and well-being of City residents. Therefore a Citywide prohibition of marijuana cultivation is proper and necessary to avoid the risks of criminal activity, degradation of the natural environment, malodorous smells. and indoor electrical fire hazards that may result from unregulated marijuana cultivation. This is especially significant if the amount of marijuana cultivated is not regulated, and substantial amounts of marijuana were to be concentrated in one place. C. There shall be a limited exemption for the non-commercial cultivation of small amounts of marijuana by primary caregivers and qualified patients cultivation for their own medical use when an of the conditions and standards in this Chapter are met. 19.342.020 Applicability and License Requirements. Marijuana Cultivation as defined in Article X (Definitions). shall only be permitted as set forth in Article V. Base Zones and Related Use and Development Provisions and subject to the requirements contained in this Chapter. Marijuana Cultivation for Qualified Patients or their Primary Caregivers must comply with the standards below, and obtain an annual license from the City of Riverside. 19.342.030 Site Location, Operation and Development Standards. A. Site Location Requirements Marijuana Cultivation shall only occur on a single-family residential zoned parcel, and only when that parcel contains, wholly within its property boundaries. a legally permitted single-family residential dwelling. 2 Notwithstanding the above, marijuana cultivation is specifically prohibited in the Residential Conservation (RC) and Residential Agricultural (RA -5) Zones. P15-1044 — MARIJUANA CULTIVATION - EXHIBIT 1 B. Operation and Development Standards Cultivation shall not exceed eight (8) marijuana plants of any size per parcel containing a legally permitted residential dwelling. The maximum number of plants shall be limited regardless of the number of qualified patients or qualified caregivers residing on the property. 2 At least one (1) Qualified Patient or one (1) Primary Caregiver, as defined in Article X (Definitions), R.M.C. Section 19.910.140, must live in the dwelling. 3. All marijuana cultivation outside of any building must be fully enclosed by an opaque fence at least six (6) feet in height. The fence must be adequately secure to prevent unauthorized entry. Bushes. hedgerows. plastic sheeting. tarps, or cloth material shall not constitute an adequate fence under this subsection. 4 Cultivation shall not exceed one hundred (100) square feet in cumulative area, and shall not displace any space required for on-site parking 5. Each building or outdoor area in which the marijuana plants are cultivated shall be set back at least ten (10) feet from all boundaries of the premises. Such setback distance shah be measured in a straight line from the building in which the marijuana plants are cultivated. or, if the marijuana plants are cultivated in an outdoor area. from the fence required by subsection 3 above to the boundary line of the premises. Cultivation shall not be located in the front yard. 6 There shall be no external visual, audible, or olfactory evidence of the Marijuana Cultivation from any street, sidewalk, public right-of-way. or adjacent property The use of generators shall not be permitted within any structure used for the cultivation of marijuana. 8. Lights, heaters. fans, generators. or other mechanical equipment that may cause a nuisance to neighbors shall be prohibited outdoors 9 All marijuana plants shall be reasonably secured to prevent access by minors or theft, to a standard satisfactory to an officer of law enforcement. or responsible health and welfare agency. 10. Parolees or probationers shall not live in the dwelling unless the parolees or probationers have received confirmation from the court that he is allowed to use medical marijuana while on parole or probation. pursuant to California Health & Safety Code section 11362.795, which shall be subject to verification. 11. Qualified patients for whom the marijuana plants are being cultivated shall have valid Medical Marijuana Identification Cards issued by an authorized California county agency. Any primary caregiver cultivating marijuana plants for a qualified patient shall have a copy of the qualified patient's valid Medical Marijuana Identification Card issued by an authorized California county agency, and said card shall be kept on the premises where the marijuana is cultivated. 12. The address for the dwelling must be posted and plainly visible from the public right-of- way. 18a-7 P15-1044 — MARIJUANA CULTIVATION - EXHIBIT 1 13. There shall be no outdoor marijuana cultivation upon any premises located within one thousand (1,000) feet of any school, community center. or park. 14. The marijuana cultivation shall not be upon any property or parcel containing a child care center. school or church. 15. The marijuana cultivation shall be for non-commercial purposes only. No sale. trade, or other commercial exchange of marijuana or marijuana products shall occur. Authorized caregivers shall receive no remuneration for the cultivation of marijuana on behalf of a qualified patient. 16. Marijuana Delivery as defined in Article X (Definitions) shall be strictly limited to the transport of marijuana products between a Primary Caregiver and the Qualified Patient. 19.342.040 Other Applicable Regulations. A. Any person(s) cultivating medical marijuana with the use of grow lights. fans, ventilation devices or any other electrical, irrigation. or mechanical equipment shall comply with all applicable building, housing and fire code requirements adopted by the City of Riverside, and shall obtain all permits required for such installation. If applicable. a State issued permit or license for marijuana cultivation shall also be obtained prior to any cultivation occurring. C. Nothing in this chapter is intended to authorize the cultivation, possession, or use of marijuana for nonmedical purposes in violation of state or federal law. D. There shall be no Variances or deviations permitted to any standards or requirements within this Chapter. 19.342.050 Revocation of Marijuana Cultivation License A. Any Marijuana Cultivation Licenses granted by the City of Riverside shall become null and void if the City receives and substantiates two (2) complaints of odors resulting from indoor or outdoor marijuana cultivation, within a twelve (12) month period. 1. The complaints must originate from at least two (2) separate individuals. 2. The complaints must originate from at least two (2) separate properties adjoining or affected properties within proximity to the property engaging in marijuana cultivation Upon revocation of a Marijuana Cultivation license, the property owner, tenant, or licensee shall remove all marijuana plants from the premises within thirty (30) days of official notice from the Code Enforcement Division, Community and Economic Development Department. There shall be no new marijuana cultivation licenses granted to an individual for use on the property in perpetuity, until which time the property changes ownership. The licensee has the right to appeal the revocation of the Marijuana Cultivation License pursuant to Chapter 1.17.100 (Administrative Enforcement and Appeal Hearings) of the Riverside Municipal Code 18a-8 Randi Johl From: Randi Johl Sent: Tuesday, January 12, 2016 4:10 PM To: Aaron Adams; Greg Butler; Peter Thorson; Luke Watson Subject: Public Hearing Item MCC and Staff — fyi, this information may be duplicative and is being forwarded to the full City Council and relevant staff for the record in regards the Public Hearing item on tonight's agenda. Randi Johl, JD, MMC City Clerk, City of Temecula Legislative Director, California City Clerks Association randi.johl(c�cityoftemecula.orq 41000 Main St, Temecula, CA 92590 Th. 11..4,1 & 5uuth...n CiLfa o.1 'vino Ctvnd', Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. Martin Victor To: City Council Members of the Cities of Riverside, Jurupa Valley, and Temecula, California From: Letitia Pepper, Director, Legal and Legislative Analysis for Crusaders for Patients' Rights Re: Impact of Agriculture Code Section 52334 on Your Adoption of Proposed Ordinances to Regulate and/or Ban the Cultivation of Medical Marijuana On behalf of all the medical marijuana patients living in your jurisdiction, I object to your proposal to adopt a medical marijuana cultivation ordinance in defiance of Agriculture Code section 52344. Any such ordinance adopted without complying with section 52344 will be unenforceable. Background In a sneaky effort to aid Monsanto's production of GMO crops over public protest, in 2014 the California State Legislature slipped a rider into another bill in order to enact Agriculture Code section 52334. The Legislature, mission accomplished (for Monsanto but not its own citizens) then promptly forgot all about this code section. The Legislature continued to forget about section 52334 when it adopted the Medical Marijuana Regulation & Safety Act (MMRSA), and told cities and counties to adopt local ordinances banning or regulating the cultivation of medical marijuana. However, because of section 52334, no city or county can adopt such an ordinance without first applying for, and then obtaining, written permission from the Secretary of Agriculture to do so. An ordinance adopted without first obtaining such permission is ineffective. Text of Section 52334 "52334. Notwithstanding any other taw, on and after January 1, 2015, a city, county, or district, including a charter city or county, shall not adopt or enforce an ordinance that regulates plants, crops, or seeds without the consent of the secretary. An ordinance enacted before January 1, 2015, shall be considered part of the comprehensive program of the department and shall be enforceable." Conclusion If an ordinance adopted with such permission is enforceable as stated in section 52344, then one adopted without such permission is unenforceable. The purpose behind section 52344, of course, was to allow the Secretary of Agriculture to prevent local jurisdictions from adopting bans on GMO crops, by making such bans unenforceable without written permission to have adopted them. But, in an effort to fly under the radar of the organic foods movement, section 52344 did not restrict its applicability to GMO crops. Thus section 52344 makes any cultivation ordinance adopted without such written permission unenforceable. This Agriculture Code section 52334 problem is just one more problem faced by cities and counties attempting to ban and regulate the 1 l cultivation of medical marijuana. It is a problem that the State Legislature can fix -- but only if it wants to make it clear that its adoption of section 52344 was intended to prevent Californians from banning GMO crops. However, the more fundamental problem that all these medical marijuana cultivation ordinances face, even with the Secretary of Agriculture's blessing, is that they violate the Compassionate Use Act and Article II, Section 10, subdivision (c) of the California Constitution. A government that tries to undermine a law enacted by its People, as was the Compassionate Use Act, is one that is acting like a hereditary monarch instead of like a representative government. So I think it is appropriate to quote Mother Goose when I say that these efforts to limit medical marijuana patients' constitutionally -protected cultivation and possession rights is something that not even "all the King's Horses, and all the King's men" can lawfully accomplish. Martin Victor NOTICE OF UNCONSTITUTIONALITY OF "This local ordinance to restrict the cultivation and possession of medical marijuana, adopted pursuant to the State's Medical Marijuana Regulation and Safety Act (MMRSA) will prevent me, [add, as necessary, my spouse, my parent(s), my child (or children), my housemate(s)] who is/are medical marijuana patient(s), from cultivating and possessing enough marijuana for my/our personal medicinal uses. It, and the MMRSA on which it is based, thus violates California's applicable and controlling law, the Compassionate Use Act (CUA). "The California Supreme Court, in People v. Kelly (2008) 47 Cal.4th 1008, 1043, 1049, held that medical marijuana patients have the CUA -given right to cultivate and possess as much marijuana as they need for their personal medicinal uses, and that any law that attempts to impair or burden such rights is unconstitutional under California Constitution Article II, Section 10 subdivision (c).) Kelly did not state that patients only have an affirmative defense from prosecution, because a defendant cannot have an affirmative defense to a crime without a foundational right to engage in an act that, without such right, would be a crime, but with such right is not a crime at all. Notably, People v. Kelly was decided the last time the State Legislature adopted legislation that attempted to limit the amount of marijuana that a patient could lawfully grow or possess, when it adopted the Medical Marijuana Program Act (the MMP) which added Health & Safety Code section 11362.77's plant and flower limits to the CUA. The California Supreme Court held that "By extending the reach of section 11362.77's quantity limitations beyond those persons who voluntarily register under the MMP and obtain an identification card that provides protection against arrest—and by additionally restricting the rights of all "qualified patients" and "primary caregivers" who fall under the CUA—the challenged language of section 11362.77 effectuates a change in the CUA that takes away from rights granted by the initiative statute." (47Cal.4th at p. 1043, emphasis added.) The Court reiterated the fact that the CUA gives patients the right to possess and cultivate as much medical marijuana as they need for personal medicinal use regardless of any state legislation to the contrary: "Whether or not a person entitled to register under the MMP elects to do so, that individual, so long as he or she meets the definition of a patient or primary caregiver under the CUA, retains atI the rights afforded by the CUA[, including the right to ...possess[] or cultivateD an amount of marijuana reasonably related to meet his or her current medical needs." (Id., at p. 1048, emphasis added, citation omitted.) The People v. Kelly Court also explained that this effort to adopt laws that impair Cua-given rights are unconstitutional because it "constitutes an amendment of the CUA in violation of California Constitution, article II, section 10, subdivision (c)." (Id., at p. 1042.) As the Kelly court noted, "[T]he CUA—unlike many other initiative measures in recent decades—did not grant the Legislature authority to amend." (47 Ca1.4th, supra, at p. 1042, footnote omitted.) And because the Legislature's efforts, via the MMRSA, just like with the MMP, are a "scheme" that "the Legislature adopted ... on its own, without seeking ratification by the electorate," and that impose more burdens on medical marijuana patients than allowed under the CUA, they are unconstitutional. (Id. at p. 1043.) This is why the Medical Marijuana Regulation & Safety Act (MMRSA), and all the local laws adopted pursuant to it, which purport to limit what patient can grow, and to burden such right by requiring patients to get licenses, permits, identification cards and jump through other such hoops, are unconstitutional, illegal efforts to impair and burden the constitutionally -protected rights given to patients by the People of the State of California when they adopted the CUA. Furthermore, neither the State of California nor any of its political subdivisions, e,g„ the counties and cities, may require any patient to obtain a license, permit, or government -issued ID card as a condition of cultivation, possession or transportation. First, possession or cultivation of even medical marijuana is still illegal under federal law, so requiring a person to go on record, in any way, as possessing or cultivating it unconstitutionally violates such person's Fifth Amendment Right against self-incrimination. (Leary v. United States (1969) 395 U.S. 6, 12-13.) Second, the CUA was intended to make access to medical marijuana safe and affordable. Requiring patients to obtain such permits, licenses and cards makes access less affordable, and thus not only violates the restriction on "burdening" CUA -given rights, but also violates the intent of the CUA. The cases cited by cities and counties in justification of adopting these unlawful ordinances, which were cobbled together by the self- serving League of Cities and the California Chiefs of Police, do not make these ordinances lawful. For example, the case of City of Riverside v. Inland Empire Patients Health & Wellness Center (2013) 56 Ca1.4th 729 reached its limited result -- to allow cities and counties to ban storefront dispensing collectives dispensaries - by ignoring applicable law and facts. It failed to mention, e.g., that the State Legislature had directed the Attorney General to adopt statewide regulations to carry out the purposes of the CUA, and that the Attorney General had done so, the 2008 Attorney General Guidelines for the Safety and Nondiversion of Medical Marijuana. It also failed to discuss the facts, e.g., that (1) if the State itself could not have impaired patients' access to medical marijuana, then neither could its political subdivisions, the cities and counties, do so, and (2) the purpose of government's police power is to regulate land uses to prevent nuisances. Any activity authorized by the People of California, such as the personal cultivation of marijuana for personal medicinal needs, cannot be deemed a "per se nuisance" and banned as such. "More to the point, the Inland Empire Patients Health & Wellness Center case did not address the issue of personal cultivation. "The case of Maral v. City of Live Oak (2013) 221 Cal.App.4th 975, is only a Court of Appeal decision, and does not control over contrary California Supreme Court opinions. Thus, Maral, which held that patients have no "right" to cultivate medical marijuana, and relied on another Court of Appeal opinion to state that "The CUA creates only a limited defense to certain crimes, 'not a constitutional 2 right to obtain marijuana,' " citing People v. Urziceanu (2005) 132 Cal.App.4th747 , 774. But Maral did not cite,let alone attempt to discuss, People v. KELLY, which held that patients do have a constitutionally -protected right to cultivate. "I therefore will not obtain a license, a permit, a medical marijuana ID card issued by anyone, or do anything more than what the CUA requires, to wit, I will obtain a doctor's recommendation that medical marijuana might help my serious medical problem. If, in the future, I am cited for violating this unlawful and unconstitutional ordinance or the MMRSA, I, like all medical marijuana patients, will raise all these issues, and all such others as also may be applicable, in my defense and, if I so decide, in a countersuit against the government entity that is unconstitutionally violating my constitutionally -protected, CUA -given rights." 3 Randi Johl From: Randi Johl Sent: Tuesday, January 12, 2016 4:05 PM To: Aaron Adams; Greg Butler; Peter Thorson; Luke Watson Subject: FW: LR15-1619 Medical Marijuana Cultivation Ordinance MCC and Staff — fyi, this correspondence is being forwarded to all Council Members and relevant staff for the record in regards to the Public Hearing item on tonight's agenda. Randi Johl, JD, MMC City Clerk, City of Temecula Legislative Director, California City Clerks Association randi.johl@cityoftemecula.orq 41000 Main St, Temecula, CA 92590 Thoo IC..,1 ul S.iuthwn CoMewni• W++o COanL , Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Sue Steffen Sent: Tuesday, January 12, 2016 4:03 PM To: Aaron Adams; Greg Butler Cc: Randi Johl; Peter Thorson Subject: FW: LR15-1619 Medical Marijuana Cultivation Ordinance FYI Sue Steffen Executive Assistant City of Temecula (951) 694-6416 sue. steffenecitvoftemecula.orq Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the Califomia Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Heather Wilson [mailto:h4wilson©agmail.com] Sent: Tuesday, January 12, 2016 4:00 PM To: Michael McCracken; Matt Rahn; Jeff Comerchero; Mike Naggar; s(acitycouncil.orq; Council Assistant Subject: LR15-1619 Medical Marijuana Cultivation Ordinance To whom it may concern, I am writing today to express my concern over the upcoming proposal over the cultivation of medical marijuana within the city limits. I would like to request/lend my voice in the appeal to have a reasonable residential cultivation ruling. I myself use medical marijuana and would have no quality of life without it. Unfortunately if I am not allowed to grow my medicine then I cannot afford my medicine. I implore you to take the City of Riverside and their proposal as an example of a reasonable alternative to outright banning the cultivation of medical marijuana for residences. Please help our sick and ailing residents to continue to provide for their own medical well being. 1 Thank you for your consideration, Heather Wilson 2 Randi Johl From: Sue Steffen Sent: Tuesday, January 12, 2016 5:24 PM To: Aaron Adams; Randi Johl; Peter Thorson Subject: FW: LR 15-1619 Marijuana Cultivation Ordinance Mayor and Council Members: FYI Sue Steffen Executive Assistant City of Temecula (951) 694-6416 sue.steffen(a�cityoftemecula.orq Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. Original Message From: Michele Miller Sent: Tuesday, January 12, 2016 5:03 PM To: Council Assistant Subject: LR 15-1619 Marijuana Cultivation Ordinance I DO NOT AGREE with this proposal. The law in the state of California has been passed for many years that the use and private cultivation of medical marijuana is legal. Growing it on their own is demonstrating independence. If you override the law already in place with some silly ordinance, the city of Temecula will be denying the rights of the people who use this PLANT to help them with severe illnesses and conditions that would otherwise leave them dependent on unsafe, addicting, government sponsored and supported pharmaceuticals. By making these people purchase it outside Temecula city limits, you are putting their finances and health in jeopardy. The city is overstepping their boundaries and putting this ordinance in place would do nothing to further the health and wellness of the people who depend on the medical marijuana PLANT. Stay out of law abiding, tax paying Temecula residents business! Regards, Michele Miller 1. Temecula Talk Response: Suzy Araiza This is crazy The City of Riverside is one of the biggest opponents of growing medical marijuana and they just ruled that they will allow for 8 plants per residence with no commercial grow operations. Why can't Temecula do something reasonable like that? This will hurt so many people. Like • Reply 5 - 9 hrs Sara Ojeda This should be brought to their attention at the meeting as well. Like Reply • 7 hrs Write a reply... Laura Miller Do we know who authored this proposal? They definitely do not need reelection. We have a right to know. Unlike • Reply • 7 • 9 hrs Caitlin Marino This is insane! 'Temecula has heart?' Obviously not for its disabled vets or other citizens that need marijuana to live out their daily lives. I have many friends who need marijuana to function, to live. Not to get high and be lazy and to eat snacks all day (which I don't really see the problem with that either.) Nor do they use it to deal or anything else abusive. Are they afraid that marijuana is still a 'gateway drug', and that it will lead to other things? I don't get it. It's 2016. That's ridiculous. Unlike • Reply • 16 • 9 hrs Aaron Santiago a few of the dispensaries have had petitions in them against riverside county trying to close them down maybe it's related but I'll have to look into it more. Unlike • Reply • 3 • 9 hrs Debbie Savage Wow, talk about going backwards. Thank God I'm in the County and not city. Unlike • Reply • 3 9 hrs 1 Suzy Araiza The proposal was suggested by the city lawyer. If the City does not have its own regulations in place by March 16th, 2016 then the State regulation becomes the law. Like • Reply • 4 • 9 hrs Ryan Dean I agree with you. Why marijuana isn't legalized is beyond me. Let's legalize and tax it just like cigarettes or alcohol. For a city with as many access points to liquor as our city this law reeks of "stamping out competition" in advance of marijuana legalization which I believe is on the ballot later this year Unlike • Reply - 15 - 9 hrs Keith Corwin All across America there are folks in pain who are strung out on prescription medications. They are zombies. They can't function. And equally all across America there are people who overindulge in alcohol. Both are killing our people. Marijuana, which is misclassified as a schedule 2 narcotic has never once incapacitated anyone from carrying on with their lives. It has also never killed anyone. It is time to properly classify this natural herb for all Americans. Alcohol, tobacco, and prescription drugs are killing our country. Wake up government. And anyone prescribed to use marijuana medicinally should be allowed to grow their medicine just like we grow tomatoes. Hope this works out for you sir. Like Reply 16 9 hrs »Phil Coba The same thing happened in my town (Merced), the city met to ban all cultivation while all of them spoke in favor of medicinal marijuana and its regulation but still voted to ban all cultivation, but were looking tor revisit it in the near future. As s...See More Like Reply • 5 9 hrs Ken Lawrence Thank you for your support. I will be messaging everyone interested in attending. Like Reply • 1 • 7 hrs Write a reply... Samantha Mora People on Marijuana have a life compared to people on alcohol or opiates people on Marijuana are at peace to where people on alcohol are stupid and abusive.... I believe something that is produced by nature and has less side effects is way better than something we make and causes soo much damage Like • Reply • 9 9 hrs Stacey Coleman Thats ridiculous!!! Im sorry you have to go through this bureaucracy...pills are no good. Like• Reply• 5.9hrs 41 Mario Perez Let it grow! Let it grow! Let it grow Like - Reply • 11 • 9 hrs Tania Reuben One of my best friends has a 6 year old son with autism and he started having seizures, the side effects from the seizure meds were out of this world bad... he was regressing horribly... then she was able to get him on medical marijuana treatment - and he's completely turned around. She's now become quite an advocate for the medical uses. I've never used it medicinally or otherwise, nor have I ever seen her use in over 15 years of friendship. We can't overlook the benefits this drug has because of it's potential to be abused. Like • Reply • 5 • 9 hrs Melanie Bruski Any drug has the capability of being abused. Look at narcotic pain pills -- but those are legal, because they come from pharmaceutical companies. Like Reply 2.8hrs ■ Write a reply... Marika Mesec Unfortunately the government does not care. That has been showed with all different ways. They only care about the drug companies. Who funds a lot if them. Like Reply • 7 9 hrs i Dan Hazen Yep. It's all about money. The FDA, pharmaceutical companies, and Drs are all in cahoots. Multi billion dollar a year industry. Like • Reply • 2 • 8 hrs Write a reply... Kristin Cole I'm against legalizing it for casual use - we just don't need more mentally impaired idiots running around. I'm not for or against is use medically though. My question to the OP.. How will they know if you are growing it for your own personal use? Like • Reply • 9 hrs Hide 13 Replies Melanie Bruski Because the grower will have a prescription with a license to grow. Like • Reply • 1 • 9 hrs Kristin Cole But if it's revoked, will they come to his door and check? Like • Reply • 9 hrs Melanie Bruski Revoked? It's a prescription. You either get another rx or you don't. That's it. Same as any other prescription medication. Like Reply 4.9hrs •Edited 11.1 Kristin Cole I thought that's what temecula was trying to do Like • Reply • 1 • 8 hrs Suzy Araiza Temecula cant take away his right to have medical marijuana. They are trying to change the zoning law so he will not be allowed to grow it for himself within city limits. Like• Reply 4.8hrs OP Ryan Dean First off who cares if your neighbor grows marijuana in their backyard. I'd rather people be on that than alcohol or cigarettes. We should treat it the same as those 2 Like • Reply 8 • 8 hrs • Edited Melanie Bruski I misunderstood you Kristin. Suzy is right. They are trying to take away your right to grow your own medication -- even though, if you have a prescription, you can legally grow 6 plants. Like • Reply • 8 hrs 41 Paul Joseph Alvarado You don't want mentally impaired idiots running around yet I'm sure you don't mind alcohol. Like • Reply • 6 • 8 hrs Kristin Cole I don't drink Paul. Thank you for your comment. Like • Reply • 1 • 8 hrs i Dan Hazen How many people are 'sampling' in the wine country and driving under the influence? Not that long ago there seemed to be at least weekly an accident on Rancho Cal Rd. The city, local and federal government isn't trying to ban alcohol. Politics. Like • Reply • 5 • 8 hrs Kristin Cole Probably because all the law makers are alcoholics Like • Reply • 3 8 hrs Kristin Cole Alcohol is a killer, that's for sure. These days you take your chances on the road Like • Reply • 8 hrs Dan Hazen Exactly! Society accepts alcohol because it is legal. That doesn't mean it should be though. How many innocent people die every year because of drunk drivers? They never should have ended prohibition in 1933 in my opinion. So my take on it is, if alcohol is legal, so should marijuana because at one time it was legal until the government said it isn't. Just think about all the revenue that would be created by taxing it. Like• Reply 2.8hrs Write a reply... Melanie Bruski I don't understand why Temecula is demonizing marijuana -- especially after Prop 47 passed. So people who possess and deal meth now get a slap on the wrist with a misdemeanor, but growing your own medication -- with a prescription, that is legal in the state of California -- will be illegal. It doesn't make any sense. Like Reply • 4 • 9 hrs Chad LaMar This is insane! Total ignorance! Are we going to the hearing to fight for our rights? Like • Reply • 4 • 8 hrs Melanie Bruski I'm down to go! ¢ Like • Reply • 8 hrs 1111 Ken Lawrence Thank you for your support. I will be messaging everyone interested in attending. Like • Reply • 7 hrs Write a reply... 1 Ricko Oglesby Temecula is a shitty city. No medicine, no guns. Bunch of fucking liberals with no logic or understanding. This is exactly why I had to get out of Temecula and need to leave CA >< Like • Reply • 4 • 8 hrs Danny Mojado No. They won't. Like • Reply • 8 hrs 1 Suzy Araiza Please read the proposal and help us fight this injustice. Because they will stop all growing within city limits if this is passed. Like • Reply 8 hrs Write a reply... Danny Mojado *have Like • Reply • 8 hrs Danny Mojado They just want to go after cultivation for sale. Not personal users who grow only a couple plants only for themselves. Like • Reply • 8 hrs Alex Rodriguez But the wineries are ok ?????1!!! Let's keep drinking and driving while weed is being pushed out you guys must really care about Society go drink your selfs to death all I care. Gov is fucked up that's the world we live in today Like • Reply • 6 • 8 hrs 111 Suzy Araiza This needs to be fought properly and legally. Come to the hearing to speak or show your support. Please dont suggest to someone to do something that could soon be illegal. They are definately going for home growers, it specifically states residences in the paperwork. Like • Reply • 2 • 8 hrs • Edited Danny Mojado And it's not being pushed out. Does anyone else here actually have their card and know what they are talking about? Like • Reply • 8 hrs Bryan Peabody -Pumpernickel Giardinelli I have my card, and trust me --there is no shortage of options IF you're legal. https://weedmaps.com/.../california/temecula-a-murrieta dm Weedmaps Temecula, CA Marijuana Dispensaries 1 Weedmaps weedmaps.com Like • Reply 6 hrs Write a reply... Alex Rodriguez Not everyone has time to grow or learn to grow there meds we need the proper meds at our reach like everyone else. It's more to it then a seed need needing to be watered it takes proper nutrients and care. Also what about people in apartment buildings hydro grow oops with light then can kill electricity bills and or cause a fire. Like • Reply • 1 • 8 hrs Danny Mojado Then you, as well as I, know they aren't going to waste money for dumb shit like that. Like • Reply • 8 hrs Suzy Araiza Just because you probably wont get caught doesnt mean you should do something illegal. We need to fight to keep it legal. Like • Reply • 8 hrs 1111 Danny Mojado I have my medical card. Two doctors and neurologist. Also a whole folder with my doctors appointments for epilepsy. Every officer who has come here, has left saying we just needed make sure your card was valid. Why? Because I'm not growing to sell. I'm growing for personal medicine. Like • Reply • 8 hrs Suzy Araiza Yes. I completely agree. My husband is in the same boat with multiple brain surgeries. You are completely right as the law now stands. If they vote yes on this proposal on tuesday then that will change. You will no longer be allowed to grow within city limits. If you do it will be a code violation and you will be fined or jailed. Like • Reply • 8 hrs Write a reply... Danny Mojado Dude, a grow op, is for sales to others. A personal grow, who would need more than 3 budding at a time?! And it's called a grow closet. You buy them from a company. Like • Reply • 8 hrs Scott Bonnar Michael.McCracken@ citycouncil.org, matt.rahn@citycouncil.org, jeff.comerchero@citycouncil.org, mnaggar@citycouncil.org, maryann.edwards@citycouncil.org; council.assistant@cityoftemecula.org Unlike • Reply • 3 8 hrs Shannon Heiden Ordonez I have my card. I don't grow...because I kill anything green. But I whole heartedly support anyone to do so. I actually leave the city to purchase my MMJ because of the jacked up ordinances of our local community. But I could easily go blocks from my home and get drunk if I choose. People like to talk alot trash about "stoners" and addicts...but yet memes abound about "Don't talk to me til I have had my coffee" and Mommy needs her wine. Those are addictions folks, just the ones society deems acceptable at this point in time. Like • Reply 16 • 8 hrs Melanie Bruski So so true! Like • Reply • 1 • 8 hrs 11 Crista Spencer Right Like • Reply 7 hrs Write a reply... Alex Rodriguez Ima go smoke a bowl in over it Cali should have been the first to legalize it come on already Like Reply 3 8 hrs oil Ryan Dean Temecula is literally the most un -liberal city I've ever lived in. I assure you this isn't being passed by liberals Like • Reply • 7 • 8 hrs 41 Paul Joseph Alvarado You can thank your Conservative friends for "no medicine." Like • Reply • 5 • 8 hrs 41 Paul Joseph Alvarado ...and if Temecula is too liberal I suggest you move to Mississippi. Like • Reply • 3 8 hrs Bryan Peabody -Pumpernickel Giardinelli This is just ignorance at it's best. "A bunch of fucking liberals..." You do realize that it is the LIBERALS who have been fighting for legalization for decades, right? Enjoy your veritable circle jerk of ignorance, Ricko. Like • Reply • 2 • 6 hrs • Edited Write a reply... George Mainwaring Why would the city force people to take pharmaceuticals that do nothing but poison you!!! Especially when there is s 100% natural way to do that harms NO ONE!! I was on eight 10-325 Norcos a day, the city has no problem with that poison!! My quality of life was awful!! So who in the city is getting their palms greased by big pharmaceutical? This is an outrage the amount of damage they do to your body, so will the city accept liability for the health problems incurred from the use off pain killers? Like • Reply • 7 • 8 hrs 3 Replies • 8 hrs Danny Mojado You habe your card. Keep growing. They can't stop you, so long as your not growing more than 6 (depending on your card) and only 3 can be in bloom. They can NOT tell you or me or anyone else, what you can and can't use for medicine. Your card allows you to use it and grow it. I wouldn't stop. Like • Reply - 8 hrs Suzy Araiza Thats exactly what they can do. They will throw you in jail or heavily fine you for code violation if you grow within city limits if this is passed. Like • Reply • 8 hrs Alex Rodriguez Anyone want to smoke hit me up lol Like • Reply • 3 • 8 hrs Susie Guimond It's like prohibition all over again... Unlike • Reply 3 • 7 hrs M Laura Miller Well, I for one want to go Tuesday night and ask our City Council to advocate for this man that served our country valiantly. Any one who does not strike down this ordinance will never receive my vote again. We have the power and they need to serve the constituents. Unlike Reply 6 7 hrs Ken Lawrence Thank you for your support. I will be messaging everyone interested in attending. Like • Reply 7 hrs M Laura Miller I sent you a friend request so the message comes through Like • Reply 1 • 7 hrs Write a reply... Sandi Boucher I have complications from Scleroderma. Also have a perscription card.... I am in agreement with you. Like • Reply • 1 • 7 hrs Kristin Mae What about Murrieta ? Anyone know ? Like • Reply • 7 hrs 4 Replies • 7 hrs Giuliana Razuri Asturias I support your fight to keep it legal. For personal consumption only. Laws need to be stablished for business purposes. Unlike • Reply • 1 • 7 hrs Holly Holimon Support you fully Like • Reply • 7 hrs t Autumn Moinet For those people who grow cannabis for their personal use, they should be able to do that...especially for medical reasons. Like Reply • 3 7 hrs 111 Marlena Payne Medical Marijuana has helped decrease narcotic overdose by over 25%. Each year it continues to help others like yourself get off of a nasty narcotic addiction. This stat will continue to rise. The research -...See More Medical Cannabis Laws and Opioid Mortality archinte.jamanetwork.com Like • Reply 3 • 7 hrs 1 Sara Ojeda I am a nurse and I support the use of medical marijuana and cannabis oil 100000%. ,'Research has proven it to be effective. This would be shameful . I pray your voice will be heard and all who can join you in support would be a blessing. I will try to attend. Like • Reply • 7 7 hrs 'Marlena Payne My husband and I might be able to attend, please PM me more information Like • Reply • 7 hrs 1 Diego Kim Vlaamse Boef Support you 100%. Have seen that mj is incredible for pain and healing. Like • Reply 1 • 7 hrs 111 Sara Ojeda I say you should share your personal story. Gather and share strangers stories. Google stories AND come armed with statistical facts. And published articles about the medical benefits, how it's used effectively in palliative care and hospice care. Like • Reply 2 7 hrs Brianna Dragon I support you completely , I am a young lupus patient and marijuana has been the only prescription given to me that has actually helped me Like • Reply • 4 • 7 hrs Shannon Heiden Ordonez same here Like • Reply • 1 • 7 hrs Write a reply... fig Caitlen Swearingen Completely with you ! How arrogant can they be better than pills and getting addicting to even worse drugs! Have they seen what miracles it can do... stoping seiezures taking pain away saving lives! Like Reply 4.7hrs Vickie Davidson -Corwin I support you. Like • Reply • 7 hrs Kim Bourland I have chronic pain, the doctors were very quick with the Percocet and Tramadol prescriptions. Many physicians are in bed with the pharmaceutical companies, their student loans are paid, they get money for the prescriptions they write, all expenses paid trips, etc. Both big pharma and many (not all) doctors do not want to see marijuana legalized and they are afraid that medical marijuana is the beginning of full on legalization. Too much money is at stake. These drugs eat away your liver, your stomach and your mind. Quality of life is gone and you become an addict. Medical marijuana is a natural way to help people sleep, alleviate pain, and eat. It helps with MS, diabetic nerve pain, arthritis pain, fibromyalgia, etc. Think carefully when you vote this year. Marijuana is a social drug like alcohol, but it also a life- line to so many people that cannot function without relief. Anyone opposing this has a motive and I believe that motive comes from the pharmaceutical companies that are not willing to give up their own profits to actually help. Don't be fooled that pharmaceutical cannabis is the answer. Research shows it is not the same and Monsanto will want to genetically modify this in addition to our food. If you are able to grow your own, it is affordable, you know how it was grown and what chemicals if any were used. Like • Reply • 9 • 7 hrs Rose Daniels My husband also depends on his medical marijuana from his disabilities from serving our country. As a wife of a disabled Vet and a Registered Nurse I am asking the city of Temecula to please expand our right to this medication not take it way. Bryan Peabody -Pumpernickel Giardinelli How did they receive the letter? Like • Reply 4 hrs 3131 Scott Bonnar Michael.McCracken@citycouncil.org, matt.rahn@citycounciI.org, jeff.comerchero@citycouncil.org, mnaggar@citycouncil.org, maryann.edwards@citycouncil.org; council.assistant@cityoftemecula.org Like • Reply • 4 hrs Bryan Peabody -Pumpernickel Giardinelli Thanks, but I mean how did they take your letter? Argumentative, accepting, inquisitive...? Like • Reply • 4 hrs fl Scott Bonnar I stated I supported people growing marijuana for medical use with a proven need for it and not just people going in to see some sham doctor and walking out with a prescription. He said he agreed but he asked how would you determine who needs it and enforce abuse. I replied to him and I just got another response. Main thing is whatever your view, let it be known but be respectful about it. I find people more willing to engage if you are reasonable and logical. Like • Reply • 2 • 4 hrs Write a reply... r Christian Staff Cannabis is not a drug. It was given to us by God and taken away by greed. The countless benefits of the plant are mind-blowing. Anyone that believes otherwise is stuck in a bubble and brainwashed by there Television. Wake up sheeple. Like • Reply • 3 • 4 hrs Fill Sarah Kubicina See if you can get a petition pulled together on change.org. I'm sure you'd have a strong local backing sign it. c. The world's platform for change Change.org is the world's largest petition platform, using technology to empower more than 100 million... change.org Like • Reply • 4 • 3 hrs Ilk Suzy Araiza We only have 2 days but thats a great idea. Like • Reply • 1 • 3 hrs Rose Daniels If a petition is created please let me know. I will sign Like • Reply • 1 hr Write a reply... Aiden Harb First off I want to say that I'm straight edge. I see many horrible things done with the use of drugs and alcohol. I have also see many unbelievable wonderful things done with the use of medical marijuana. People who were on the edge of losing their life were able to have a fighting chance and live better than any pharmaceutical drug. I don't do drugs but I support the medical use of marijuana. Like Reply 8.3firs Melissa Cox I stand behind you 100% Like • Reply • 3 hrs tp anilo Banta This is bullshit. I too am a disabled veteran and am involved in the industry. As a 't,,. #DisabledVeteran myself, this hits close to home. I was personally prescribed up to 14 different prescriptions by the VA, most of which made me feel worse than what they were intended for. What kind of society do we live in where we strip away the right to compassionate care and poison those who sacrifice so much to protect our freedom only to be pushed into the closet for something that helps cope with the demons that were created by protecting those very rights to begin with. Its obviously not morally and ethically right so its a no brainer that corporate greed and corrupt political influences are behind it. Like Reply • 5 • 2 hrs Danilo Banta 0 ya...BTW....please follow my page on IG. @the_closet_toker Its a fun page about the industry with facts and a lot of humor for those "closet tokers" who are kept in the shadows because of prohibition. Are U )012 MSM Y.fl .oY..60.0 0 IQ.w Yat Y_M w_. fru.. • 1 Yr • tiny **wawa ..•.r:n �� lia•Y• am. w.. •.• maw.. . Like Reply 1 • 1 h Kelly Ann Rogers You have my support... And I as well as a few others will be there Tuesday evening Temecula Unfiltered Response: Ken Lawrence 9 hrs As a fixed income Disabled Veteran with a medical marijuana prescription I just want to say that this is unbelievable. The City of Temecula wants to prohibit the cultivation of medical marijuana within city limits. UT' can't grow my medicine then I can't afford my medicine. I refuse to be put back on a handful of opiate painkillers. Medical marijuana has changed my life medically. I was addicted to Norco, sick all the time and had no quality of life. 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Like Reply • 2 9 hrs Star Kubi replied 7 Replies • 6 hrs Keith Newstrom Mine too Like • Reply • 1 • 9 hrs 1111 Suzy Araiza This is crazy The City of Riverside is one of the biggest opponents of growing medical marijuana and they just ruled that they will allow for 8 plants per residence with no commercial grow operations, Why can't Temecula do something reasonable like that? This will hurt so many people. Like • Reply • 5 • 9 hrs • Edited Terri Booth -Long I know of ppl that moved to Colorado to get the cure for their children. I don't know why Cities don't also reap the rewards of MM stores. It improved Colorado Springs - and their tax problems Unlike • Reply • 4 9 hrs Elizabeth Moore You have my vote Unlike • Reply • 3 • 9 hrs Arid Eleanor Pinchot Temecula is not liberal specially with Cannabis laws and some other things. I have no problem allowing a few folks that need this plant to live a decent life. No, we are not all going to hell in a hen basket if Temecula adopts this law, no we are not...See More Unlike • Reply • 10 • 9 hrs Mashi Frankel replied • 3 Replies • 5 hrs ■ Debbie Mc Colery Farmer So far on this thread I think it is support of wacky tabacCy I am gop and support this Unlike • Reply • 5 - 9 hrs • Edited Bryant Stingley Same here! Like • Reply • 1 • 8 hrs Write a reply... w Aaron Jeffrey Rogers You have my vote. Who are they to not represent our veterans who are also citizens of this great city. With heroin and pescription drugs ruining several of my closest friend's lives in this town, why not allow legal medical patients grow their own not addictive medicine? Thats crap Like Reply • 1 • 9 hrs Jim A McPherson Why is the city picking which drugs to ban and which drugs to prop up. Temecula is a wine town, which last time I checked was a drug. The city is spending all kinds of money to ensure we can draw more people to town to get drunk and spend money. We a...See More Like • Reply • 9 • 9 hrs 111 Bryant Stingley We must show up to this hearing and vocalize our support for those of us who need MM to live somewhat normal lives! Please show up and let your voices be heard! Unlike • Reply - 4 8 hrs ma Star Kubi Especially with the LDS in this town you know the proliferation of legal drug use exists. Why limit those who want to use cannabis, no matter the reason? Like • Reply • 1 • 8 hrs • Edited 1 Christine Olson Yepez Don't they have bigger issues to look at like the increase in crime in robberies and car break-ins? they need to leave veterans alone. Like • Reply • 2 • 8 hrs • Edited Tara Marie You have my vote all the way. Like Reply • 2 • 8 hrs Peter Be Lurkin Best wishes, hope this is resolved Like • Reply • 8 hrs Sue Sonnenberg It's truly sad. The government makes so much money off Big Pharma that ifs too lucrative and more of a concern to keep us sick and needing more drugs that have a list of side effects sometimes worse than the initial ailment. A plant... with healing capa...See More Like • Reply • 3 • 8 hrs • Edited Scott Rux You have my vote. Like • Reply • 8 hrs Ashley Nicole Szalanski I'm Republican and I 100% support you in this. Like Reply • 2 • 8 hrs Suzy Araiza replied • 4 Replies 7 hrs Brandon Salazar Take your weed someplace else Like • Reply - 7 hrs Aaron Jeffrey Rogers replied • 64 Replies • 2 hrs Meredith Tavenner Try to get opiate pain killers these days. They, whoever "they" are prefer to allow people to be in pain than prescribe the pain killers. I hope you can continue to do what you need to do without problems. Like • Reply • 3 • 7 hrs Juanita MacLean I strongly agree that you should be able to grow marijuana for personal medical use. It truly is a wonder drug for many people. Like • Reply • 1 • 5 hrs Juanita MacLean Best of luck, keep us posted. Like • Reply • 5 hrs A Diana Serrano I'll be there! Like • Reply • 3 hrs Steve Carby Ken Lawrence I know many of brothers in your exact same situation. I don't know if this is true but the rumor is the VA is now recognizing and prescribing Medical Marijuana.. The days of just doping all our vets up has to be rectified in a manner that works for the DV.. Just my thought brother. Like • Reply 1 • 2 hrs Bryanna Fornerod http://www.drugpolicy.org/.../senate-approves-funding... We are the Senate Approves Funding Bill That Allows Veterans to Access Medical... drugpolicy.org Like • Reply 2 hrs Write a reply... 4 Heather Marie Woodard Amen Like • Reply • 2 hrs 11 Adela Taylor While it is great that people cheer you on it is best to bring facts to the table with you. Like the comment about Riverside County and their 8 plant law. Like • Reply • 1 • 2 hrs Jessica Maki I had no idea the VA approved medical marijuana. If they do they should provide you with it as well. The VA supplies everything you need