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Home My WebLink About032216 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 MARCH 22, 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. 5:30 PM - The City Council will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) with respect to three matters of pending litigation: (1) Hill v. City of Temecula, Riverside County Superior Court No. RIC1501349; (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. 2. CONFERENCE WITH LEGAL COUNSEL—POTENTIAL LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(2) with respect to one matter of potential litigation. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City. Next in Order: Ordinance: 16-03 Resolution: 16-18 CALL TO ORDER: Mayor Mike Naggar Prelude Music: Anjali Sivanandan Invocation: Reverend Crystal Magon of Center for Spiritual Living Temecula Valley Flag Salute: To Be Announced ROLL CALL: Comerchero, Edwards, McCracken, Rahn, Naggar 1 PRESENTATIONS/PROCLAMATIONS Presentation of Certificates in Recognition of California Journey (CJ), Best In Show Winner at the Westminster Kennel Club Dog Show Presentation of Certificate of Achievement to Bridget Brown of Troop #1299 for Earning the Girl Scout Gold Award Presentation by General Manager Jeffrey Armstrong of Rancho California Water District 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 March 8, 2016 RECOMMENDATION: 2.1 That the City Council approve the action minutes of March 8, 2016. 2 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 4 Receive Report Regarding Status of Upcoming Vacancies on Boards and Commissions RECOMMENDATION: 4.1 That the City Council receive the report regarding the status of upcoming vacancies on Boards and Commissions. 5 Adopt Ordinance 16-02 Approve Planning Application Numbers PA14-0051 and PA15-1664, Development Agreement and Specific Plan Amendments to Modify the Roripaugh Ranch Development Agreement and Specific Plan Timing Requirements for Improvements Required by the Existing Approvals for Phase II of Roripaugh Ranch (Second Reading) RECOMMENDATION: 5.1 That the City Council adopt an ordinance entitled: ORDINANCE NO. 16-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE RORIPAUGH RANCH PROJECT (PLANNING APPLICATION NO. PA14- 0051) 6 Approve the Sponsorship and Economic Development Funding Agreement with the Temecula Valley Balloon and Wine Festival Association for the "Temecula Valley Balloon &Wine Festival" Event to be Held on May 20 - 22, 2016 RECOMMENDATION: 6.1 That the City Council approve the Sponsorship and Economic Development Funding Agreement with the Temecula Valley Balloon and Wine Festival Association for $30,000, in-kind promotional services and the use of the Conference Center for a day to train volunteers valued at $3,865, and the use of traffic control devices valued at $3,200, for the 2016 Temecula Valley Balloon & Wine Festival to be held on May 20—22, 2016. 3 7 Approve an Agreement for Consulting Services with Environmental Science Associates for an Environmental Impact Report for the Proposed Cypress Ridge Development RECOMMENDATION: 7.1 That the City Council approve an Agreement with Environmental Science Associates, in the amount of $152,850, for the Preparation of an Environmental Impact Report for the Proposed Cypress Ridge Development. 8 Approve WRCOG BEYOND Framework Fund Program Funding Agreements for Six Projects and Authorize the Mayor to Execute the Agreements RECOMMENDATION: 8.1 That the City Council approve WRCOG BEYOND Framework Fund Program Funding Agreements for Six Projects and Authorize the Mayor to execute the Agreements on behalf of the City in substantially the form on file in the Office of the City Clerk. 9 Approve a Declaration of Covenants, Conditions and Restrictions (Public Street Dedication) for Public Improvements in Connection with the Interstate 15 / State Route 79 South Ultimate Interchange Project, PW04-08 RECOMMENDATION: 9.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (PUBLIC STREET DEDICATION) IN CONNECTION WITH THE INTERSTATE 15 / STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE PROJECT, PW04-08 10 Approve the Non-Exclusive Commodity Agreement with JTB Supply Company, Inc. for Traffic Signal Equipment RECOMMENDATION: 10.1 That the City Council approve the Non-Exclusive Commodity Agreement with JTB Supply Company, Inc., in the amount of $60,000, for the purchase of miscellaneous Traffic Signal Equipment. ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY ******************** 4 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: CSD 16-01 Resolution: CSD 16-02 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, McCracken, Naggar, Rahn, 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. 11 Approve the Action Minutes of March 8, 2016 RECOMMENDATION: 11.1 That the Board of Directors approve the action minutes of March 8, 2016. 12 Approve the First Amendment to the Agreement with San Dieguito Printers for Printing Services RECOMMENDATION: 12.1 That the Board of Directors approve the First Amendment to extend the current Agreement with San Dieguito Printers for one (1) additional year ending on December 31, 2016, for printing services of two (2) issues of the Guide to Leisure Activities brochure. The cost of printing the brochure is as follows: Fiscal Year 2015-16 $19,549.80, plus a 10% contingency of$1,954.98 Fiscal Year 2016-17 $19.549.80, plus a 10% contingency of$1,954.98 5 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, April 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. 6 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY— No Meeting TEMECULA HOUSING AUTHORITY— No Meeting TEMECULA PUBLIC FINANCING AUTHORITY MEETING Next in Order: Ordinance: TPFA 16-01 Resolution: TPFA 16-01 CALL TO ORDER: Chairperson Mike Naggar ROLL CALL: DIRECTORS: Comerchero, Edwards, McCracken, Rahn, Naggar TPFA 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 Authority 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. TPFA BUSINESS 13 Approve the Interpretation of the Prepayment Provisions of the Rate and Method of Apportionment for Community Facilities District No. 03-02 — Roripaugh Ranch RECOMMENDATION: 13.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. TPFA 16- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY INTERPRETING THE PREPAYMENT OF SPECIAL TAX PROVISIONS OF THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR THE TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) 7 14 Establish New Community Facilities District No. 16-01 — Roripaugh Ranch Phase 2, Authorize the Levy of Special Taxes and Declare Intention to Incur Bonded Indebtedness RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO TPFA 16- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN — RORIPAUGH RANCH PHASE 2 14.2 Adopt a resolution entitled: RESOLUTION NO TPFA 16- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 16-01 (RORIPAUGH RANCH PHASE 2) TPFA EXECUTIVE DIRECTOR REPORT TPFA BOARD OF DIRECTORS REPORTS TPFA ADJOURNMENT Next regular meeting: Tuesday, April 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. a RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 15 Introduce Ordinance Amending Section 10.28.010(D) of the Temecula Municipal Code Regarding Prima Facie Speed Limits on Certain Streets RECOMMENDATION: 15.1 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, AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS ******************** RECESS CITY COUNCIL MEETING TO JOINT MEETING OF THE CITY COUNCIL, OLD TOWN LOCAL REVIEW BOARD AND COMMUNITY SERVICES COMMISSION ******************** JOINT MEETING OF THE CITY COUNCIL, OLD TOWN LOCAL REVIEW BOARD AND COMMUNITY SERVICES COMMISSION CALL TO ORDER: Mayor Mike Naggar ROLL CALL: Comerchero, Edwards, McCracken, Rahn, Naggar Baimbridge, Blair, Malmstrom, Puma, Moore Borgeson, Levine, Nelson, Schwank, Willis 16 Conduct Annual Joint Meeting Between the City Council and the Old Town Local Review Board 16.1 That the City Council conduct the annual joint meeting between the City Council and the Old Town Local Review Board. 17 Conduct Annual Joint Meeting Between the City Council and the Community Services Commission RECOMMENDATION: 17.1 That the City Council conduct the annual joint meeting between the City Council and the Community Services Commission. JOINT MEETING ADJOURNMENT 9 RECONVENE TEMECULA CITY COUNCIL DEPARTMENTAL REPORTS 18 Community Development Monthly Report 19 Police Department Monthly Report 20 Public Works Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, April 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. 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. 10 PRESENTATIONS City of Temecula Certificate of Recognition Presented on behalf of the City Council and the citizens of the City of Temecula to: Valerie Nunes-Atkinson The City Council is proud to present this certificate in recognition of California Journey (CJ), Best In Show Winner at the Westminster Kennel Club Dog Show. CJ is a three-year old German Shorthaired Pointer, also known as The Prince. CJ's full show name is Grand Champion, Champion VJK-MYST Garbonita's California Journey. CJ triumphed over 2,751 other entries representing 199 breeds to win this prestigious dog show award. He is the third German Shorthaird Pointer to ever win Best In Show at the Westminster Kennel Club Dog Show. CJ continues this year as the Top Sporting Dog for 2016. CJ has won 19 Best In Shows in his first year of campaign. CJ's owners are Valerie Nunes-Atkinson, Yvonne Hassler-Deterding, Alice Manning and Mark and Laurie Ulrich. Valerie and Yvonne have been breeding German Shorthaird Pointers for almost 20 years. They have been honored as Sporting Dogs Breeder of the Year in 2015 by the American Kennel Club and the Santa Barbara Kennel Club. Valerie was honored as Handler of the Year in 2014. They have bred and shown Top #1, Best In Show winning German Shorthaird Pointers around the world. VJK-MYST Kennels is world renowned for producing Top winning German Shorthaird Pointers that continue to leave an impression worldwide. We are proud of CJ and his owners' accomplishments and wish them continued success in their future. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-second day of March, 2016. Michael S. Naggar, Mayor Randi Johl, City Clerk City of Temecula Certificate of Recognition Presented on behalf of the City Council and the citizens of the City of Temecula to: Yvonne Hassler-Deterding The City Council is proud to present this certificate in recognition of California Journey (CJ), Best In Show Winner at the Westminster Kennel Club Dog Show. CJ is a three-year old German Shorthaired Pointer, also known as The Prince. CJ's full show name is Grand Champion, Champion VJK-MYST Garbonita's California Journey. CJ triumphed over 2,751 other entries representing 199 breeds to win this prestigious dog show award. He is the third German Shorthaird Pointer to ever win Best In Show at the Westminster Kennel Club Dog Show. CJ continues this year as the Top Sporting Dog for 2016. CJ has won 19 Best In Shows in his first year of campaign. CJ's owners are Valerie Nunes-Atkinson, Yvonne Hassler-Deterding, Alice Manning and Mark and Laurie Ulrich. Valerie and Yvonne have been breeding German Shorthaird Pointers for almost 20 years. They have been honored as Sporting Dogs Breeder of the Year in 2015 by the American Kennel Club and the Santa Barbara Kennel Club. Valerie was honored as Handler of the Year in 2014. They have bred and shown Top #1, Best In Show winning German Shorthaird Pointers around the world. VJK-MYST Kennels is world renowned for producing Top winning German Shorthaird Pointers that continue to leave an impression worldwide. We are proud of CJ and his owners' accomplishments and wish them continued success in their future. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-second day of March, 2016. Michael S. Naggar, Mayor Randi Johl, City Clerk City of Temecula Certificate of Recognition Presented on behalf of the City Council and the citizens of the City of Temecula to: Alice Manning The City Council is proud to present this certificate in recognition of California Journey (CJ), Best In Show Winner at the Westminster Kennel Club Dog Show. CJ is a three-year old German Shorthaired Pointer, also known as The Prince. CJ's full show name is Grand Champion, Champion VJK-MYST Garbonita's California Journey. CJ triumphed over 2,751 other entries representing 199 breeds to win this prestigious dog show award. He is the third German Shorthaird Pointer to ever win Best In Show at the Westminster Kennel Club Dog Show. CJ continues this year as the Top Sporting Dog for 2016. CJ has won 19 Best In Shows in his first year of campaign. CJ's owners are Valerie Nunes-Atkinson, Yvonne Hassler-Deterding, Alice Manning and Mark and Laurie Ulrich. Valerie and Yvonne have been breeding German Shorthaird Pointers for almost 20 years. They have been honored as Sporting Dogs Breeder of the Year in 2015 by the American Kennel Club and the Santa Barbara Kennel Club. Valerie was honored as Handler of the Year in 2014. They have bred and shown Top #1, Best In Show winning German Shorthaird Pointers around the world. VJK-MYST Kennels is world renowned for producing Top winning German Shorthaird Pointers that continue to leave an impression worldwide. We are proud of CJ and his owners' accomplishments and wish them continued success in their future. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-second day of March, 2016. Michael S. Naggar, Mayor Randi Johl, City Clerk City of Temecula Certificate of Recognition Presented on behalf of the City Council and the citizens of the City of Temecula to: Mark and Laurie Ulrich The City Council is proud to present this certificate in recognition of California Journey (CJ), Best In Show Winner at the Westminster Kennel Club Dog Show. CJ is a three-year old German Shorthaired Pointer, also known as The Prince. CJ's full show name is Grand Champion, Champion VJK-MYST Garbonita's California Journey. CJ triumphed over 2,751 other entries representing 199 breeds to win this prestigious dog show award. He is the third German Shorthaird Pointer to ever win Best In Show at the Westminster Kennel Club Dog Show. CJ continues this year as the Top Sporting Dog for 2016. CJ has won 19 Best In Shows in his first year of campaign. CJ's owners are Valerie Nunes-Atkinson, Yvonne Hassler-Deterding, Alice Manning and Mark and Laurie Ulrich. Valerie and Yvonne have been breeding German Shorthaird Pointers for almost 20 years. They have been honored as Sporting Dogs Breeder of the Year in 2015 by the American Kennel Club and the Santa Barbara Kennel Club. Valerie was honored as Handler of the Year in 2014. They have bred and shown Top #1, Best In Show winning German Shorthaird Pointers around the world. VJK-MYST Kennels is world renowned for producing Top winning German Shorthaird Pointers that continue to leave an impression worldwide. We are proud of CJ and his owners' accomplishments and wish them continued success in their future. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-second day of March, 2016. Michael S. Naggar, Mayor Randi Johl, City Clerk rjr The City of Temecula Certificate of A ch ievemen t The City Council of the City of Temecula commends the outstanding achievement of Bridget Brown Of Troop #1299 We congratulate Bridget for receiving the Girl Scout Gold Award, which is the highest achievement earned in Girl Scouting. We are proud of Bridget's accomplishment and wish her continued success in her promising and bright future. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-second day of March, 2016. Michael S. Naggar, Mayor Randi Johl, City Clerk COUNCIL CONSENT CALENDAR Item No . 1 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: March 22, 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 Item No. 2 Revised Action Minutes March 8, 2016 City Council Meeting (Revisions Made to Item 14) ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MARCH 8, 2016 — 7:00 PM The City Council meeting convened at 7:01 PM. CALL TO ORDER: Mayor Mike Naggar Prelude Music: Chaparral High School 2016 Spring Musical "The Addams Family" Invocation: Shawn Burgess of the Temecula Baha'i Community Flag Salute: Council Member Maryann Edwards ROLL CALL: Comerchero (absent), Edwards, McCracken, Rahn, Naggar PRESENTATIONS/PROCLAMATIONS Presentation of Certificates of Participation to 2016 Youth in Government Program Participants Presentation of Certificate of Recognition to Mr. Jeff Waugh PUBLIC COMMENTS The following individuals addressed the City Council: • Wayne Grajczyk • Andrea Wells • Jennifer Schwank • Connor Edwards CITY COUNCIL REPORTS CONSENT CALENDAR 1 Waive Reading of Standard Ordinances and Resolutions — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 1.1 That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. Action Minutes 030816 1 2 Approve the Action Minutes of February 23, 2016 — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 2.1 That the City Council approve the action minutes of February 23, 2016. 3 Approve the List of Demands — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 16-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approve the City Treasurer's Report as of January 31, 2016 — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as January 31, 2016. 5 Approve the First Amendment to the Agreement with Buxton Company dba: Buxton for an Economic Development Retail Recruitment Report and Visitor Analysis — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 5.1 Appropriate $10,000 from undesignated fund balance to the Economic Development Department's operating budget to cover the scope of work to be completed this fiscal year. 5.2 Approve the First Amendment to the Agreement with Buxton Company dba: Buxton, in the amount of $50,000, for an Economic Development Retail Recruitment and Visitor Analysis Report for Fiscal Year 2016-17. Action Minutes 030816 2 6 Approve the Sponsorship Agreement with His Venture for the 2016 Old Town Grand Prix and Health Fair (At the Recommendation of the Economic Development Committee Mayor Pro-Tem Edwards and Council Member Comerchero) — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 6.1 That the City Council approve the Sponsorship Agreement with His Venture for city-support costs, in the amount of $5,600 and in-kind promotional services of $11,415, for the 2016 Old Town Grand Prix and Health Fair. 7 Approve the Second Amendment to the Exclusive Negotiating Agreement with Truax Development for the Potential Disposition of Property Located on Main Street in the City of Temecula (APNs 922-360-004, 005 006 007) — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 7.1 That the City Council approve the Second Amendment to the Exclusive Negotiating Agreement (ENA) between the City of Temecula and Truax Development (Truax) for the potential disposition and development of the property located on Main Street in the City of Temecula (APNs 922-360-004, 005, 006, 007) (Subject Property). 8 Award a Construction Contract to DDH Apple Valley Construction Inc. for the Old Town Front Street Pavement and Storm Drain Rehabilitation. PW12-14 — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 8.1 Award a Construction Contract to DDH Apple Valley Construction, Inc., in the amount of $794,286.50, for the Old Town Front Street Pavement and Storm Drain Rehabilitation, PW12-14; 8.2 Authorize the City Manager to approve Change Orders not to exceed the contingency amount of $158,857.30, which is equal to 20% of the Contract amount; 8.3 Make a finding that the Old Town Front Street Pavement and Storm Drain Rehabilitation is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. Action Minutes 030816 3 9 Accept Improvements and File the Notice of Completion for the Pavement Rehabilitation Program — Rancho California Road. PW10-12 — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 9.1 Accept the construction of the Pavement Rehabilitation Program — Rancho California Road, PW 10-12, as complete; 9.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the Contract amount; 9.3 Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. 10 Approve Payment to Riverside County Flood Control District (RCFCD) for the City of Temecula's Portion of the Regional Municipal Stormwater Permit for the Santa Margarita Watershed for Fiscal Year 2015-16 — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 10.1 Approve payment to Riverside County Flood Control District (RCFCD), in the amount of $431,073.53, for the City of Temecula's Portion of the Regional Municipal Stormwater Permit for the Santa Margarita Watershed for Fiscal Year 2015-16. 11 Receive and File Temporary Street Closure for Temecula Grand Prix Bicycle Race — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 11.1 That the City Council receive and file the following proposed action by the City Manager: Temporarily close certain streets for the Temecula Grand Prix Bicycle Race Special Event. RECESS At 7:37 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:54 PM, the City Council resumed with the remainder of the City Council Agenda. Action Minutes 030816 4 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 14 Approve Planning Application Numbers PA14-0051 and PA15-1664. Development Agreement and Specific Plan Amendments to Modify the Roripaugh Ranch Development Agreement and Specific Plan Timing Requirements for Improvements Required by the Existing Approvals for Phase II of Roripaugh Ranch 14.1 and 14.2 - Approved Staff Recommendation (3-0, Council Member Naggar and Council Member Comerchero absent) Council Member Rahn made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken and Rahn with Council Member Naggar absent by leaving the Chambers and Council Comerchero absent. 14.3 - Approved Staff Recommendation (3-0, Council Member Naggar and Council Member Comerchero absent) Council Member McCracken made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken and Rahn with Council Member Naggar absent by leaving the Chambers and Council Member Comerchero absent. The City Attorney publically explained the circumstances under which Council Member Naggar chose not to participate in this matter based upon the description of the conflicts of interest in the Staff Report for this item. Europa Vineyard Estates is located on approximately 290.7 acres southesterly of Butterfield Stage Road and La Serena Way in unincorporated Riverside County. It is owned by Temecula Vineyard Estates, LLC, and is adjacent to Butterfield Stage Road. Neither Council Member Mike Naggar nor Council Member Jeff Comerchero has any direct investments or ownership interests in the Temecula Vineyard Estates, LLC. The managing member of Temecula Vineyard Estates, LLC, is Mr. Daniel Stephenson. Council Member Naggar and Council Member Comerchero do, however, have ownership interests and are members other limited liability companies that are developing property outside of the City of Temecula in which Mr. Stephenson is also the managing member. Europa Vineyard Estates is, therefore, an "otherwise related business entity" for these officials within the meaning of 2 Cal. Code Regs. § 18703.1. Tract Map 32594 for the Europa Vineyard Estates Project was approved by the County of Riverside in September 2006 following the City Council's approval of the Roripaugh Ranch Specific Plan and the Development Agreement in December 2002. One of the County's conditions of approval requires the owners of Europa Vineyard Estates to improve a portion of Butterfield Stage Road along its westerly property line prior to the County's issuance of a certificates of occupancy for homes on 80% of the lots in the Project. The City Attorney has determined that Council Member Naggar and Council Member Comerchero may participate in the Council's approval of the Third Amendment to the Development Agreement and Amendment No. 2 to the Specific Plan. These actions will have no material financial effect, indeed no effect, on Europa Vineyard Estates, or the owners of this Project, for the simple reason that the Third Amendment to the Development Agreement and Amendment No. 2 to the Specific Plan do not change the Roripaugh Ranch Developers' obligation to construct the Phase 3 Improvements to Butterfield Stage Road from what has been required since approval of the original Development Agreement and Specific Plan in December 2002. This is consistent with the Fair Political Practices Commission Legal Staff's March 2008 opinion (A- Action Minutes 030816 5 08-015) [Calixto Property] allowing Council Member Naggar and Council Member Comerchero's participation in a decision to acquire property located 372 feet south of Europa Villages Estates necessary for the construction of the Phase 3 Improvements. Additionally, the funding for the Phase 3 Improvements for Butterfield Stage Road has been in place since the Roripaugh Ranch Community Facilities District 03-02 issued community facilities district special tax bond in April 2006. Council Member Naggar chose not to participate in the actions approving the Third Amendment and Amendment No. to the Specific Plan and left the room. RECOMMENDATION: That the City Council conduct a Public Hearing and: 14.1 Adopt a resolution entitled: RESOLUTION NO. 16-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING ADDENDUM NO. 2 TO THE RORIPAUGH RANCH FINAL ENVIRONMENTAL IMPACT REPORT (SCH NO. 97121030) 14.2 Adopt a resolution entitled: RESOLUTION NO. 16-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AMENDMENT NO. 2 TO THE RORIPAUGH RANCH SPECIFIC PLAN (SP 11) (PLANNING APPLICATION NO. PA 15-1664) 14.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 16-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE RORIPAUGH RANCH PROJECT (PLANNING APPLICATION NO. PA 14- 0051) City Attorney Thorson introduced and read by title only Ordinance No. 16-02. RECESS At 8:24 PM, the City Council recessed to the Joint Meeting of the City Council, Planning Commission and Old Town Local Review Board. At 8:37 PM, the City Council resumed with the remainder of the City Council Agenda. Action Minutes 030816 6 JOINT MEETING OF THE CITY COUNCIL, PLANNING COMMISSION AND OLD TOWN LOCAL REVIEW BOARD CALL TO ORDER: Mayor Mike Naggar ROLL CALL: Comerchero (absent), Edwards, McCracken, Rahn, Naggar Telesio, Turley-Trejo, Watts, Youmans, Guerriero Baimbridge (absent), Blair (absent), Malmstrom (absent), Puma (absent), Moore (absent) 15 Conduct Annual Joint Meeting Between the City Council and the Planning Commission — Receive and file. RECOMMENDATION: 15.1 That the City Council conduct the annual joint meeting between the City Council and the Planning Commission. 16 Conduct Annual Joint Meeting Between the City Council and the Old Town Local Review Board — Meeting adjourned to Tuesday, March 22, 2016 due to lack of quorum. RECOMMENDATION: 16.1 That the City Council conduct the annual joint meeting between the City Council and the Old Town Local Review Board. JOINT MEETING ADJOURNMENT RECONVENE TEMECULA CITY COUNCIL DEPARTMENTAL REPORTS 17 City Council Travel/Conference Report March 2016 CITY MANAGER REPORT CITY ATTORNEY REPORT (None) Action Minutes 030816 7 ADJOURNMENT At 8:39 PM, the City Council meeting was formally adjourned to Tuesday, March 22, 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 Honor of Rosie D. McCracken and Myra Francis Michael S. Naggar, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Action Minutes 030816 8 ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MARCH 8, 2016 —7:00 PM The City Council meeting convened at 7:01 PM. CALL TO ORDER: Mayor Mike Naggar Prelude Music: Chaparral High School 2016 Spring Musical "The Addams Family" Invocation: Shawn Burgess of the Temecula Baha'i Community Flag Salute: Council Member Maryann Edwards ROLL CALL: Comerchero (absent), Edwards, McCracken, Rahn, Naggar PRESENTATIONS/PROCLAMATIONS Presentation of Certificates of Participation to 2016 Youth in Government Program Participants Presentation of Certificate of Recognition to Mr. Jeff Waugh PUBLIC COMMENTS The following individuals addressed the City Council: • Wayne Grajczyk • Andrea Wells • Jennifer Schwank • Connor Edwards CITY COUNCIL REPORTS CONSENT CALENDAR 1 Waive Reading of Standard Ordinances and Resolutions — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 1.1 That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. Action Minutes 030816 1 2 Approve the Action Minutes of February 23, 2016 — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 2.1 That the City Council approve the action minutes of February 23, 2016. 3 Approve the List of Demands — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 16-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approve the City Treasurer's Report as of January 31, 2016 — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as January 31, 2016. 5 Approve the First Amendment to the Agreement with Buxton Company dba: Buxton for an Economic Development Retail Recruitment Report and Visitor Analysis — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 5.1 Appropriate $10,000 from undesignated fund balance to the Economic Development Department's operating budget to cover the scope of work to be completed this fiscal year. 5.2 Approve the First Amendment to the Agreement with Buxton Company dba: Buxton, in the amount of $50,000, for an Economic Development Retail Recruitment and Visitor Analysis Report for Fiscal Year 2016-17. Action Minutes 030816 2 6 Approve the Sponsorship Agreement with His Venture for the 2016 Old Town Grand Prix and Health Fair (At the Recommendation of the Economic Development Committee Mayor Pro-Tem Edwards and Council Member Comerchero) — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 6.1 That the City Council approve the Sponsorship Agreement with His Venture for city-support costs, in the amount of $5,600 and in-kind promotional services of $11,415, for the 2016 Old Town Grand Prix and Health Fair. 7 Approve the Second Amendment to the Exclusive Negotiating Agreement with Truax Development for the Potential Disposition of Property Located on Main Street in the City of Temecula (APNs 922-360-004, 005, 006, 007) — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 7.1 That the City Council approve the Second Amendment to the Exclusive Negotiating Agreement (ENA) between the City of Temecula and Truax Development (Truax) for the potential disposition and development of the property located on Main Street in the City of Temecula (APNs 922-360-004, 005, 006, 007) (Subject Property). 8 Award a Construction Contract to DDH Apple Valley Construction, Inc. for the Old Town Front Street Pavement and Storm Drain Rehabilitation, PW12-14 — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 8.1 Award a Construction Contract to DDH Apple Valley Construction, Inc., in the amount of $794,286.50, for the Old Town Front Street Pavement and Storm Drain Rehabilitation, PW12-14; 8.2 Authorize the City Manager to approve Change Orders not to exceed the contingency amount of $158,857.30, which is equal to 20% of the Contract amount; 8.3 Make a finding that the Old Town Front Street Pavement and Storm Drain Rehabilitation is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. Action Minutes 030816 3 9 Accept Improvements and File the Notice of Completion for the Pavement Rehabilitation Program — Rancho California Road, PW10-12 — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 9.1 Accept the construction of the Pavement Rehabilitation Program — Rancho California Road, PW 10-12, as complete; 9.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the Contract amount; 9.3 Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. 10 Approve Payment to Riverside County Flood Control District (RCFCD) for the City of Temecula's Portion of the Regional Municipal Stormwater Permit for the Santa Margarita Watershed for Fiscal Year 2015-16 — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 10.1 Approve payment to Riverside County Flood Control District (RCFCD), in the amount of $431,073.53, for the City of Temecula's Portion of the Regional Municipal Stormwater Permit for the Santa Margarita Watershed for Fiscal Year 2015-16. 11 Receive and File Temporary Street Closure for Temecula Grand Prix Bicycle Race — Approved Staff Recommendation (4-0, Council Member Comerchero absent) Council Member Edwards made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 11.1 That the City Council receive and file the following proposed action by the City Manager: Temporarily close certain streets for the Temecula Grand Prix Bicycle Race Special Event. RECESS At 7:37 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:54 PM, the City Council resumed with the remainder of the City Council Agenda. Action Minutes 030816 4 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 14 Approve Planning Application Numbers PA14-0051 and PA15-1664, Development Agreement and Specific Plan Amendments to Modify the Roripaugh Ranch Development Agreement and Specific Plan Timing Requirements for Improvements Required by the Existing Approvals for Phase II of Roripaugh Ranch 14.1 and 14.2 - Approved Staff Recommendation (3-0, Council Member Naggar abstained and Council Member Comerchero absent) Council Member Rahn made the motion; it was seconded by Council Member McCracken; and electronic vote reflected approval by Council Members Edwards, McCracken and Rahn with Council Member Naggar abstaining by leaving the Chambers and Council Member Comerchero absent. 14.3 - Approved Staff Recommendation (3-0, Council Member Naggar abstained and Council Member Comerchero absent) Council Member McCracken made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Edwards, McCracken and Rahn with Council Member Naggar abstaining by leaving the Chambers and Council Member Comerchero absent. RECOMMENDATION: That the City Council conduct a Public Hearing and: 14.1 Adopt a resolution entitled: RESOLUTION NO. 16-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING ADDENDUM NO. 2 TO THE RORIPAUGH RANCH FINAL ENVIRONMENTAL IMPACT REPORT (SCH NO. 97121030) 14.2 Adopt a resolution entitled: RESOLUTION NO. 16-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AMENDMENT NO. 2 TO THE RORIPAUGH RANCH SPECIFIC PLAN (SP 11) (PLANNING APPLICATION NO. PA 15-1664) 14.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 16-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE RORIPAUGH RANCH PROJECT (PLANNING APPLICATION NO. PA 14- 0051) City Attorney Thorson introduced and read by title only Ordinance No. 16-02. Action Minutes 030816 5 RECESS At 8:24 PM, the City Council recessed to the Joint Meeting of the City Council, Planning Commission and Old Town Local Review Board. At 8:37 PM, the City Council resumed with the remainder of the City Council Agenda. JOINT MEETING OF THE CITY COUNCIL, PLANNING COMMISSION AND OLD TOWN LOCAL REVIEW BOARD CALL TO ORDER: Mayor Mike Naggar ROLL CALL: Comerchero (absent), Edwards, McCracken, Rahn, Naggar Telesio, Turley-Trejo, Watts, Youmans, Guerriero Baimbridge (absent), Blair (absent), Malmstrom (absent), Puma (absent), Moore (absent) 15 Conduct Annual Joint Meeting Between the City Council and the Planning Commission — Receive and file. RECOMMENDATION: 15.1 That the City Council conduct the annual joint meeting between the City Council and the Planning Commission. 16 Conduct Annual Joint Meeting Between the City Council and the Old Town Local Review Board — Meeting adjourned to Tuesday, March 22, 2016 due to lack of quorum. RECOMMENDATION: 16.1 That the City Council conduct the annual joint meeting between the City Council and the Old Town Local Review Board. JOINT MEETING ADJOURNMENT RECONVENE TEMECULA CITY COUNCIL DEPARTMENTAL REPORTS 17 City Council Travel/Conference Report March 2016 CITY MANAGER REPORT CITY ATTORNEY REPORT (None) Action Minutes 030816 6 ADJOURNMENT At 8:39 PM, the City Council meeting was formally adjourned to Tuesday, March 22, 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 Honor of Rosie D. McCracken and Myra Francis ********** Michael S. Naggar, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Action Minutes 030816 7 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: March 22, 2016 SUBJECT: Approve the List of Demands PREPARED BY: Pascale Brown, Accounting Manager Pam Espinoza, 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 $5,941,942.33. 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 22nd day of March, 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 22nd day of March, 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 02/25/2016 TOTAL CHECK RUN $ 4,354,067.14 03/03/2016 TOTAL CHECK RUN 1,181,924.63 02/25/2016 TOTAL PAYROLL RUN: 405,950.56 TOTAL LIST OF DEMANDS FOR 03/22/2016 COUNCIL MEETING: $5,941,942.33 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 564,488.29 135 BUSINESS INCUBATOR RESOURCE 803.27 140 COMMUNITY DEV BLOCK GRANT 33.60 150 AB 2766 FUND 1,704.90 165 AFFORDABLE HOUSING 1,649.72 190 TEMECULA COMMUNITY SERVICES DISTRICT 141,936.29 192 TCSD SERVICE LEVEL B STREET LIGHTS 98.33 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 797.82 196 TCSD SERVICE LEVEL"L"LAKE PARK MAINT. 6,608.64 197 TEMECULA LIBRARY FUND 4,735.05 210 CAPITAL IMPROVEMENT PROJECTS FUND 102,827.82 300 INSURANCE FUND 4,545.34 305 WORKER'S COMPENSATION 10,000.00 320 INFORMATION TECHNOLOGY 38,240.46 325 TECHNOLOGY REPLACEMENT FUND 2,100.60 330 CENTRAL SERVICES 4,757.74 340 FACILITIES 15,590.37 375 INTERN FELLOWSHIP FUND 97.01 395 2011 FINANCING LEASE CIVIC CENTER&CRC 534,869.06 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 547,089.72 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 448,381.64 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 53,660.51 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 952,078.67 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 147,075.52 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 1,886,333.45 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 2,229.86 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 1,558.93 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 2,066.52 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 303.76 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 1,609.20 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 860.61 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 1,030.35 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 6,159.67 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 112.53 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 417.69 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 70.23 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 3,876.51 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 1,092.25 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 653.78 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 755.70 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 915.82 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 104.48 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 4,717.89 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 1,978.52 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 6,710.68 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 9,990.79 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 195.81 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 2,174.33 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 5,625.59 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 1,802.10 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 83.63 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 332.85 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 71928.04 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 129.83 $5,535,991.77 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 252,986.28 135 BUSINESS INCUBATOR RESOURCE 1,628.15 165 AFFORDABLE HOUSING 2,787.06 190 TEMECULA COMMUNITY SERVICES DISTRI 93,369.22 192 TCSD SERVICE LEVEL B STREET LIGHTS 252.70 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 2,158.18 196 TCSD SERVICE LEVEL"L"LAKE PARK MAINT 398.33 197 TEMECULA LIBRARY FUND 909.93 300 INSURANCE FUND 2,139.99 320 INFORMATION TECHNOLOGY 23,740.88 330 CENTRAL SERVICES 6,107.80 340 FACILITIES 16,000.85 375 INTERN FELLOWSHIP FUND 806.13 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 63.95 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 63.95 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 63.95 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 63.95 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 63.95 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 383.77 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 72.19 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CRE 48.49 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLAND 57.44 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 10.32 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 116.27 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COU 21.16 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 29.79 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 197.70 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.24 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 9.23 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 5.95 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 131.78 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELO 28.20 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOME 16.26 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTAT 14.13 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 32.85 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 2.76 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 122.24 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 65.27 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 177.30 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 299.69 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 7.09 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 7.87 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 168.66 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 54.28 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITI 2.42 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 7.87 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 248.72 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTR 3.37 405,950.56 TOTAL BY FUND: $5,941,942.33 apChkLst Final Check List Page: 1 02/25/2016 9:59:25AM CITY OF TEMECULA Bank: union UNION BANK Check# Date Vendor Description Amount Paid Check Total 2911 02/25/2016 000246 PERS(EMPLOYEES' 7/1/15-6/30/16 SURVIVOR BENEFIT 6,888.00 6,888.00 RETIREMENT) 2912 02/25/2016 000246 PERS(EMPLOYEES' 7/1/15-6/30/16 SURVIVOR BENEFIT 1,470.00 1,470.00 RETIREMENT) 2913 02/23/2016 005460 U S BANK SS#1 CFD/AD PMT 4,034,421.61 4,034,421.61 2914 02/25/2016 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT 1,128.45 1,128.45 SUPPORT 2915 02/25/2016 000194 1 C M A RETIREMENT-PLAN I C M A RETIREMENT TRUST 457 7,587.30 7,587.30 303355 PAYMENT 2918 02/25/2016 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT 8,625.90 8,625.90 SOLUTION 2919 02/25/2016 000389 NATIONWIDE RETIREMENT OBRA-PROJECT RETIREMENT 1,939.48 1,939.48 SOLUTION PAYMENT 175528 02/25/2016 010196 1ST RESPONDER '16 SUBSC 1ST RESP 20.00 20.00 NEWSPAPER,INC. NEWSPAPER:FIRE 175529 02/25/2016 018511 A-BOMB COMPANY PLMBNG SVCS:RELOCATE AUDIO 1,800.00 1,800.00 EVOLUTION 175530 02/25/2016 003951 ALL AMERICAN ASPHALT ASPHALT SUPPLIES:PW STREETS 501.82 501.82 DIVISION 175531 02/25/2016 004240 AMERICAN FORENSIC NURSES MAR 16 PHLEBOTOMY 1,248.00 1,248.00 (AFN) SRVCS:TEMECULA POLICE 175532 02/25/2016 018622 ANDERSON,KENNETH Performance:lmani Temple Christian 500.00 500.00 175533 02/25/2016 017149 B G P RECREATION,INC. TCSD INSTRUCTOR EARNINGS 2,835.00 TCSD INSTRUCTOR EARNINGS 1,596.00 TCSD INSTRUCTOR EARNINGS 1,596.00 6,027.00 175534 02/25/2016 012583 BLANCAY PRICE NOV 15 LDSCP PLAN CHK& 10,330.00 10,330.00 REVIEW:PLANNING 175535 02/25/2016 008605 BONTERRA PSOMAS 11/27-12/31 CNSLT SRVCS:PECHANGA 3,976.25 PKWY EN 11/27-12/31 ENVIRO MITIGATION SVCS 642.50 4,618.75 175536 02/25/2016 003138 CAL MAT ASPHALT SUPPLIES:PW ST MAI NT 266.97 266.97 Page:1 apChkLst Final Check List Page: 2 02/25/2016 9:59:25AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 175537 02/25/2016 017698 CALIFORNIA AVERLAND RELEASE NOTICE:PABLO RODRIGUEZ 11,742.61 11,742.61 CONST INC 175538 02/25/2016 000131 CARL WARREN&COMPANY JAN 16 CLAIM ADJUSTER SERVICES 1,986.40 1,986.40 INC 175539 02/25/2016 018689 CASILLAS,BRENDA REFUND:SEC DEP:RM RENTAL:TCC 150.00 150.00 175540 02/25/2016 018690 CHIROLASER INC. REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 175541 02/25/2016 004405 COMMUNITY HEALTH EMPLOYEE CHARITY DONATIONS 24.00 24.00 CHARITIES,C/O WELLS FARGO PAYMENT BANK 175542 02/25/2016 002945 CONSOLIDATED ELECTRICAL ELECTRICAL SUPPLIES:VARIOUS 25.92 25.92 DIST. PARKS 175543 02/25/2016 018683 CORTEZ,ELIZABETH REFUND:BALADJ FOR VIOL. 30.00 30.00 175544 02/25/2016 013379 COSSOU,CELINE TCSD INSTRUCTOR EARNINGS 315.00 TCSD INSTRUCTOR EARNINGS 315.00 630.00 175545 02/25/2016 001264 COSTCO TEMECULA#491 MEMBERSHIP RENEWAL:CITY HALL 9.15 9.15 175546 02/25/2016 004329 COSTCO TEMECULA#491 MISC SUPPLIES:HIGH HOPES PGRM 213.93 213.93 175547 02/25/2016 010650 CRAFTSMEN PLUMBING& REPAIR TOILET,BROKEN FLANGE 268.70 HVAC INC BOLT:CRC PLUMBING SRVCS:CRC&MARG SPLASI 227.00 495.70 175548 02/25/2016 018694 DACKERMAN,CHARLES REFUND:BALADJ FOR 305.00 305.00 OVERPMT:319849 175549 02/25/2016 004192 DOWNS ENERGY FUEL& FUEL FOR CITY VEHICLES:PUBLIC 723.52 LUBRICANTS WORKS FUEL FOR CITY VEHICLES:PUBLIC WOF 648.41 FUEL FOR CITY VEHICLES:TCSD 429.90 FUEL FOR CITY VEHICLES:TRAFFIC DIV 227.87 FUEL FOR CITY VEHICLES:BLDG INSPE, 131.26 FUEL FOR CITY VEHICLES:CODE ENFOF 111.13 FUEL FOR CITY VEHICLES:PUBLIC WOF 88.44 2,360.53 175550 02/25/2016 002390 EASTERN MUNICIPAL WATER JAN WATER METER:39656 DIEGO DR 261.95 DIST JAN WATER METER:39569 SERAPHINA F 33.51 JAN WATER METER:MURR HOT SPRING: 12.74 JAN WATER METER:MURR HOT SPRING: 12.74 320.94 Page2 apChkLst Final Check List Page: 3 02/25/2016 9:59:25AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 175551 02/25/2016 018685 EISENHUT,KATHERINE REFUND:BALADJ FOR 5.00 5.00 OVERPMT:320410 175552 02/25/2016 011292 ENVIRONMENTAL SCIENCE DEC 15 EIR PROPOSED ALTAIR 2,445.00 2,445.00 ASSOC. SPECIFIC PLAN 175553 02/25/2016 001056 EXCEL LANDSCAPE,INC. IRRIGATION REPAIRS:OVERLAND DR 294.20 294.20 175554 02/25/2016 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 350.00 350.00 175555 02/25/2016 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 150.00 150.00 175556 02/25/2016 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 45.00 45.00 175557 02/25/2016 014865 FREIZE UHLER,KIMBERLY EMBROIDERY SRVCS:CODE 162.00 162.00 ENFORCEMENT 175558 02/25/2016 000177 GLENNIES OFFICE PRODUCTS JAN 16 MISC.OFC SUPPLIES:B&S 20.00 20.00 INC DEPT 175559 02/25/2016 016552 GONZALES,MARK ALLEN TCSD INSTRUCTOR EARNINGS 540.00 540.00 175560 02/25/2016 013749 HELIXSTORM INC. IT INFRASTRUCTURE SUPPORT:INFO 9,787.50 9,787.50 TECH 175561 02/25/2016 018686 HOFFMAN CALIFORNIA SETTLEMENT&RELEASE:OTIS, 250.00 250.00 FABRICS LOUISA 175562 02/25/2016 001407 INTERVALLEY POOL SUPPLY sanitizing chemical supplies:var pools 513.54 513.54 INC 175563 02/25/2016 010676 INTERWEST CONSULTING DEC 15 INSPECTION&PLAN CHECK 1,575.00 1,575.00 GROUP INC SVCS:B&S 175564 02/25/2016 014897 IRVINE,CITY OF TRAINING:CMMERCL ENFRCMNT: 80.00 80.00 ROBERTSON, 175565 02/25/2016 015673 JDS VIDEO&MEDIA Video production srvcs:economic dev— 850.00 850.00 PRODUCTIONS 175566 02/25/2016 017730 KASHMERE FAMILY TRUST, MAR 16 FACILITY LEASE 5,307.84 5,307.84 THE PAYMENTS:HARVESTON 175567 02/25/2016 017118 KRACH,BREE B. Trophy w/engraving 106.87 106.87 Page3 apChkLst Final Check List Page: 4 02/25/2016 9:59:25AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 175568 02/25/2016 018500 LABOR READY SOUTHWEST, 01/30-02/05 TEMP HELP: 1,644.00 1,644.00 INC STREET&PARK MAI NT 175569 02/25/2016 016110 LDCO,INC. P/E 01/31/16 RENOV FIRE STN 73:PW 35,296.72 35,296.72 CIP 175570 02/25/2016 000482 LEIGHTON CONSULTING INC P/E 12/31 DSIGN SRVCS: 3,800.00 BUTTERFIELD 12/1-2/7/16 GEOTCHNICAL SRVCS:FIRE 2,630.90 6,430.90 175571 02/25/2016 018691 LY,HANH REFUND:LOST LIBRARY MATERIALS 13.99 13.99 RETURNED 175572 02/25/2016 018682 MACIEL,LUCY REFUND:BALADJ FOR VIOL. 305.00 305.00 175573 02/25/2016 018581 MCGRIFF,AVIS PERFORMANCE:"POETRY AT THE 100.00 100.00 MERC"2/26 175574 02/25/2016 018314 MICHAEL BAKER INT'L INC. 6/1-12/31/15 CEQA INITIAL STUDY:ART 18,235.08 GAIT DEC 15 ENGINEERING SVCS:I15/79S IN- 6,413.16 P/E 12/31/15 ENVRNMNTL SRVCS:PARK 740.85 25,389.09 175575 02/25/2016 013443 MIDWESTTAPE LLC MISC.BOOKS,AUDIO,DVDS.:LIBRARY 81.21 81.21 175576 02/25/2016 001868 MIYAMOTO-JURKOSKY,SUSAN TCSD INSTRUCTOR EARNINGS 235.20 ANN TCSD INSTRUCTOR EARNINGS 201.60 436.80 175577 02/25/2016 004040 MORAMARCO,ANTHONY J. PROMO ITEMS/DESIGN WORK:CSD 9,000.00 EVENTS. TCSD INSTRUCTOR EARNINGS 70.00 9,070.00 175578 02/25/2016 018692 MORGENSTERN,ALAN REFUND:SEC DEP&CREDIT:RM 557.10 557.10 RENTAL:CRC 175579 02/25/2016 018554 MZVAL SINGS PERFOR:"MUSIC AT THE MERC" 150.00 150.00 ENTERTAINMENT 2/26/2016 175580 02/25/2016 006077 N T H GENERATION COMMVAULT REMEDIATION CHECK:IT 900.00 COMPUTING INC COMMVAULT REMEDIATION CHECK:IT 687.50 1,587.50 175581 02/25/2016 015164 NATURES IMAGE,INC JAN 16 ENVIRO MITIGATION:FVP 454.57 454.57 Page-.4 apChkLst Final Check List Page: 5 02/25/2016 9:59:25AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 175582 02/25/2016 014391 NICHOLS,KELLIE D. TCSD INSTRUCTOR EARNINGS 453.60 TCSD INSTRUCTOR EARNINGS 453.60 TCSD INSTRUCTOR EARNINGS 378.00 TCSD INSTRUCTOR EARNINGS 378.00 TCSD INSTRUCTOR EARNINGS 304.50 TCSD INSTRUCTOR EARNINGS 277.20 TCSD INSTRUCTOR EARNINGS 100.80 2,345.70 175583 02/25/2016 002105 OLD TOWN TIRE&SERVICE CITY VEHICLE MAINT SRVCS:BLDG& 283.10 SAFETY CITY VEHICLE MAINT SRVCS:BLDG&SA 15.00 298.10 175584 02/25/2016 000249 PETTY CASH PETTY CASH FOR TEMECULA ROD 1,500.00 1,500.00 RUN 175585 02/25/2016 000249 PETTY CASH PETTY CASH REIMBURSEMENT 1,010.21 1,010.21 175586 02/25/2016 000262 RANCHO CALIF WATER FEB VAR WATER METERS:TCSD SVC 4,997.75 DISTRICT LEV C FEB VAR WATER METERS:PWYMCA 538.06 JAN LNDSCP WATER METER:41951 MOR 204.00 JAN LNDSCP WATER METER:CALLE ELE 100.94 5,840.75 175587 02/25/2016 001365 RIVERSIDE,COUNTY OF JUL-SEPT'15 VECTOR CONTROL 6,392.14 6,392.14 SRVCS 175588 02/25/2016 012251 ROTH,DONALD J. TCSD INSTRUCTOR EARNINGS 693.00 TCSD INSTRUCTOR EARNINGS 504.00 1,197.00 175589 02/25/2016 018684 SANDOVAL,ARTHUR REFUND:BALADJ FOR VIOL. 70.00 70.00 175590 02/25/2016 011511 SCUBA CENTER TEMECULA TCSD INSTRUCTOR EARNINGS 336.00 TCSD INSTRUCTOR EARNINGS 35.00 371.00 175591 02/25/2016 018697 SHACKELFORD,ROD RELEASE CLAIMS AGREEMENT 1,808.27 1,808.27 PAYMENT 175592 02/25/2016 008529 SHERIFF'S CIVIL DIV- SUPPORT PAYMENT 100.00 100.00 CENTRAL Page 5 apChkLst Final Check List Page: 6 02/25/2016 9:59:25AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 175593 02/25/2016 000537 SO CALIF EDISON JAN 2-00-397-5059:33340 CAMINO 6,457.19 PIEDRA JAN 2-27-560-0625:32380 DEERHOLLOW 2,279.03 JAN 2-26-887-0789:40233 VILLAGE RD 1,465.98 JAN 2-30-608-9384:28582 HARVESTON D 504.87 JAN 2-33-777-1950:40135 VILLAGE RD 459.54 JAN 2-31-693-9784:26036 YNEZ RD TC1 380.98 JAN 2-31-419-2659:26706 YNEZ RD TC1 137.06 JAN 2-29-974-7568:26953 YNEZ RD TC1 132.89 JAN 2-33-237-4818:30499 RANCHO CAL 88.06 JAN 2-29-223-9571:30395 MURR HOT SPI 53.38 11,958.98 175594 02/25/2016 000282 SO CALIF MUNICIPAL ATHLETIC MEMBERSHIP DUES: 130.00 130.00 J.W./M.W./G.W./J.L. 175595 02/25/2016 018621 SONYAJ.,BELLAMY PERF:"STEPPINIG THOUGH BLACK 250.00 250.00 HISTORY" 175596 02/25/2016 008337 STAPLES BUSINESS MISC OFFICE SUPPLIES:PW LAND 53.98 ADVANTAGE DEV MISC OFFICE SUPPLIES:PW DEPTS 226.72 MISC OFFICE SUPPLIES:PW LAND DEV 153.34 MISC OFFICE SUPPLIES:PW DEPTS 73.31 507.35 175597 02/25/2016 018695 SYDELLE,GINGOLD REFUND:BALADJ FOR VIOL. 330.00 330.00 175598 02/25/2016 010046 TEMECULAVALLEY DEC'15 BUS.IMPRV DISTRICT 107,987.55 107,987.55 CONVENTION& ASMNTS 175599 02/25/2016 017749 TEMECULA VALLEY COUNCIL REFUND:SEC DEP:RM RENTAL:CONF 150.00 150.00 PTA CTR A/B 175600 02/25/2016 000919 TEMECULA VALLEY UNIFIED REFUND:SEC DEP:TCC CLASSROOM 200.00 200.00 SCHOOL 175601 02/25/2016 014056 TEMECULA YOUTH BASEBALL, REFUND:SEC DEP:RM RENTAL:CONF 150.00 150.00 GENERALFUND CTRA/B 175602 02/25/2016 010276 TIME WARNER CABLE FEB HIGH SPEED INTERNET:29119 73.77 73.77 MARGARITA 175603 02/25/2016 000325 UNITED WAY EMPLOYEE CHARITY DONATIONS 5.00 5.00 PAYMENT 175604 02/25/2016 018693 VALENCIA,MELISSA REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 175605 02/25/2016 004261 VERIZON FEB XXX-0073 GEN USAGE:SR CTR, 127.65 127.65 SKATE PRK Pages apChkLst Final Check List Page: 7 02/25/2016 9:59:25AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 175606 02/25/2016 004789 VERIZON FEB INTERNETSVCS:CITY HALL 289.99 FEB INTERNET SVCS:SENIOR CENTER 144.99 434.98 1000922 02/18/2016 016447 ANDERSON,KETURAH REFUND:BEG GYMNASTICS& 44.00 44.00 TUMBLING 1000923 02/18/2016 018589 HENDRIX,SHEVIS REFUND:BEAR CUB UNIV KINDER 518.40 518.40 CUBS 1000924 02/18/2016 009021 YOUNG,JEANNIE REFUND:SEC DEP:RM 200.00 200.00 RENTAL:HARVESTO N Grand total for UNION BANK: 4,354,067.14 Page-.7 apChkLst Final Check List Page: 8 02/25/2016 9:59:25AM CITY OF TEMECULA 89 checks in this report. Grand Total All Checks: 4,354,067.14 Page$ apChkLst Final Check List Page: 1 03/03/2016 9:35:57AM CITY OF TEMECULA Bank: union UNION BANK Check# Date Vendor Description Amount Paid Check Total 2916 02/29/2016 000444 INSTATAX(EDD) STATE TAXES PAYMENT 22,462.93 22,462.93 2917 02/29/2016 000283 INSTATAX(IRS) FEDERAL INCOME TAXES PAYMENT 80,151.65 80,151.65 2920 03/03/2016 000246 PERS(EMPLOYEES' PERS RETIREMENT PAYMENT 39,853.83 39,853.83 RETIREMENT) 2922 02/23/2016 018098 ACME ADMINISTRATORS,INC FUNDS REQUIRED FOR WORKERS 10,000.00 10,000.00 COMP CLAIMS 2923 03/01/2016 014685 COMPASS BANK '11 REFUNDING 01/08 CERT PART 534,869.06 534,869.06 DEBT SVC 175607 03/03/2016 016764 ABM BUILDING SERVICES,LLC hvac repair svcs for it dept:civic 1,034.00 HVAC MUNTERS PREV MAINT:CIVIC CEI 541.25 1,575.25 175608 03/03/2016 003951 ALL AMERICAN ASPHALT ASPHALT SUPPLIES:PW STREETS 1,170.65 DIVISION ASPHALT SUPPLIES:PW STREETS DIVIS 501.01 1,671.66 175609 03/03/2016 006915 ALLIE'S PARTY EQUIPMENT PARTY RENTAL EQUIP:HUMAN 393.05 393.05 SERVICES 175610 03/03/2016 013015 ALWAYS RELIABLE BACKFLOW BACKFLOW REPAIR SRVCS:VARIOUS 364.00 364.00 PARKS 175611 03/03/2016 004422 AMERICAN BATTERY EMERG LIGHTING BATTERIES:TCC 297.30 CORPORATION SIGNAL BATTERIES: PW TRAFFIC 422.04 SIGNAL BATTERIES: PW TRAFFIC 573.43 SIGNAL BATTERIES: PW TRAFFIC 995.47 2,288.24 175612 03/03/2016 000936 AMERICAN RED CROSS AQUATICS STAFF CERTIFICATION 108.00 CARDS AQUATICS STAFF CERTIFICATION CARD 81.00 189.00 175613 03/03/2016 002187 ANIMAL FRIENDS OF THE DEC 15 ANIMAL CONTROL SRVCS 10,000.00 10,000.00 VALLEYS 175614 03/03/2016 013950 AQUA CHILL OF SAN DIEGO FEB 16 DRINKING WATER SYSTEMS: 34.83 MPSC FEB 16 DRINKING WATER SYSTEMS:CIV 184.14 FEB 16 DRINKING WATER SRVCS:IT DEI 28.35 FEB 16 DRINKING WATER SYSTEMS:JRC 28.35 275.67 175615 03/03/2016 001740 ATWOOD&ANDREWS REFUND:ENG GRAD DEP:LD13-065GR 30,000.00 30,000.00 DEVELOPMENT 175616 03/03/2016 017149 B G P RECREATION,INC. TCSD INSTRUCTOR EARNINGS 448.99 TCSD INSTRUCTOR EARNINGS 393.81 842.80 Page:1 apChkLst Final Check List Page: 2 03/03/2016 9:35:57AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 175617 03/03/2016 011954 BAKER&TAYLOR INC BOOK COLLECTIONS:LIBRARY 77.64 BOOK COLLECTIONS:LI BRARY 50.51 BOOK COLLECTIONS:LI BRARY 89.70 BOOK COLLECTIONS:LI BRARY 10.34 228.19 175618 03/03/2016 018101 BARN STAGE COMPANY INC, STTLMNT:CABARETAT THE MERC 469.00 THE 02/28/16 STTLMNT:SPOTLIGHTTATTHE MERCO2 455.00 924.00 175619 03/03/2016 013482 BAS SECURITY FEB 16 SECURITY SRVCS: 1,432.00 1,432.00 HARVESTON LAKE 175620 03/03/2016 007385 BAUDVILLE,INC. VISITOR BADGES:FRONT RECEPTION 208.90 208.90 175621 03/03/2016 018712 BILDERAIN,ALICIA REFUND:SEC DEP:RM 200.00 200.00 RENTAL:HARVESTO N 175622 03/03/2016 014284 BLAKELY'S TRUCK SERVICE MISC FLEET&EQUIP SVCS:STREET 6,218.54 MAI NT MISC FLEET&EQUIP SVCS:STREET MAI 62.97 MISC FLEET&EQUIP SVCS:STREET MAI 132.42 MISC FLEET&EQUIP SVCS:STREET MAI 568.41 6,982.34 175623 03/03/2016 012583 BLANCAY PRICE DEC 15 LDSCP PLAN CHECK& 6,730.00 6,730.00 REVIEW 175624 03/03/2016 018551 BMW MOTORCYCLES OF vehicle maint&repair:temecula police 293.23 293.23 MURRIETA 175625 03/03/2016 003138 CAL MAT ASPHALT SUPPLIES:PW ST MAI NT 183.50 183.50 175626 03/03/2016 001267 CALIF DEPT OF MOTOR 2016 CVC BOOKS:POLICE DEPT 383.61 383.61 VEHICLES 175627 03/03/2016 009847 CALIFORNIA PRESENTERS ANNUAL MEMBERSHIP/CONF 845.00 845.00 REGIS/DONATION 175628 03/03/2016 000137 CHEVRON AND TEXACO CITY VEHICLES FUEL:POLICE DEPT 2,055.79 2,055.79 175629 03/03/2016 012401 COMPRESSEDAIR BREATHING AIR MAINTENANCE:STA 1,254.69 1,254.69 SPECIALTIES INC 92 175630 03/03/2016 000442 COMPUTER ALERT SYSTEMS FIRE&SECURITY SYSTEM 117.33 117.33 MONITORING:FS#73 175631 03/03/2016 002945 CONSOLIDATED ELECTRICAL ELECTRICAL SUPPLIES:VARIOUS 77.76 DIST. PARKS electrical supplies:of parking garage 121.50 199.26 Paget apChkLst Final Check List Page: 3 03/03/2016 9:35:57AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 175632 03/03/2016 011922 CORELOGIC,INC. JAN 16 WEB BASED SBSCRPTN 262.50 262.50 REALQUEST 175633 03/03/2016 013379 COSSOU,CELINE TCSD INSTRUCTOR EARNINGS 259.00 259.00 175634 03/03/2016 001264 COSTCO TEMECULA#491 MISC SUPPLIES:STA 73 78.65 78.65 175635 03/03/2016 004329 COSTCO TEMECULA#491 MISC.OFFICE SUPPLIES:MPSC 58.02 THEATER HOSPITALITY&OFFICE SUPPI 203.92 MISC SUPPLIES:ARTS CULTURE&EVEN 526.62 MISC SUPPLIES:HIGH HOPES PGRM 477.79 1,266.35 175636 03/03/2016 016724 CRAFT,CHARLENE EE COMPUTER PURCHASE PROGRAM 1,225.96 1,225.96 175637 03/03/2016 010650 CRAFTSMEN PLUMBING& INSTALLED NEW DOOR:LIBRARY 1,650.00 HVACINC FACILITY MAINTENANCE:STA95 278.27 1,928.27 175638 03/03/2016 017862 CRESTLINE SPECIALITIES,INC PROMO ITEM:HUMAN SERVICES 1,067.34 1,067.34 PGRM 175639 03/03/2016 018491 CRONBERG PHOTOGRAPHY TCSD INSTRUCTOR EARNINGS 168.00 168.00 175640 03/03/2016 015213 CYBER COMPUTERS,INC. AUTOCAD WORKSTATION:PUB LIC 2,100.60 2,100.60 WORKS 175641 03/03/2016 014580 DANCE THEATRE COLLECTIVE Theater Performance:Mar 18-19,2016 1,000.00 1,000.00 175642 03/03/2016 014580 DANCE THEATRE COLLECTIVE SETTLEMENT:DANCEXCHANGE 80.50 80.50 02/16/16 175643 03/03/2016 001393 DATA TICKET,INC. JAN 16 PARKING CITATION 1,298.68 1,298.68 PROCESSINGPOLIC 175644 03/03/2016 002990 DAVID TURCH&ASSOCIATES JAN 16 FED.LEGISLALTIVE 3,500.00 3,500.00 CONSULTING 175645 03/03/2016 003945 DIAMOND ENVIRONMENTAL PORTABLE RESTROOMS:LONG 52.80 SRVCS CANYON PARK PORTABLE RESTROOMS:RIVERTON PAF 52.80 PORTABLE RESTROOMS:VAIL RANCH PF 52.80 PORTABLE RESTROOMS:LASERENA WF 52.80 211.20 Page3 apChkLst Final Check List Page: 4 03/03/2016 9:35:57AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 175646 03/03/2016 004192 DOWNS ENERGY FUEL& FUEL FOR CITY VEHICLES:PUBLIC 413.89 LUBRICANTS WORKS FUEL FOR CITY VEHICLES:PUBLIC WOF 42.94 FUEL FOR CITY VEHICLES:PUBLIC WOF 503.53 FUEL FOR CITY VEHICLES:POLICE DEP' 30.94 FUEL FOR CITY VEHICLES:TRAFFIC DIV 154.59 FUEL FOR CITY VEHICLES:TCSD 355.72 FUEL FOR CITY VEHICLES:BLDG&SAFI 159.01 FUEL FOR CITY VEHICLES:PLAN&BLD( 102.06 1,762.68 175647 03/03/2016 018715 DRYWALL MASTERS,INC. REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 175648 03/03/2016 004068 ECALDRE MANALILI-DE VILLA, TCSD INSTRUCTOR EARNINGS 245.00 AILEEN TCSD INSTRUCTOR EARNINGS 122.50 TCSD INSTRUCTOR EARNINGS 175.00 TCSD INSTRUCTOR EARNINGS 192.50 TCSD INSTRUCTOR EARNINGS 227.50 TCSD INSTRUCTOR EARNINGS 122.50 TCSD INSTRUCTOR EARNINGS 140.00 TCSD INSTRUCTOR EARNINGS 105.00 TCSD INSTRUCTOR EARNINGS 245.00 TCSD INSTRUCTOR EARNINGS 245.00 TCSD INSTRUCTOR EARNINGS 280.00 TCSD INSTRUCTOR EARNINGS 192.50 2,292.50 175649 03/03/2016 011202 EMH SPORTS USA,INC TCSD INSTRUCTOR EARNINGS 297.50 TCSD INSTRUCTOR EARNINGS 638.40 TCSD INSTRUCTOR EARNINGS 288.75 1,224.65 175650 03/03/2016 013430 ENERSPECT MEDICAL MEDICAL EQUIPMENT:MEDICS 3,500.00 3,500.00 SOLUTIONS 175651 03/03/2016 011292 ENVIRONMENTAL SCIENCE OCT 15 SPPLMNTL EI R:PROPOSED 3,330.68 3,330.68 ASSOC. AUDI DEALE 175653 03/03/2016 001056 EXCEL LANDSCAPE,INC. LDSP I M PROVM NITS:PHEASANT RUN 1,920.00 SLOPE LDSP IMPROVMT:RANCHO HIGHLANDS: 640.00 UPGRADE IRRIG SYSTEM:VAIL RANCH F 2,978.73 MISC IRRIGATION REPAIRS:VAR PARKS 2,755.20 JAN 16 LNDSCP MAI NT SVCS:VAR LOCA 34,844.87 JAN 16 LNDSCP MAI NT SVCS:VAR LOCA 21,610.97 JAN 16 LNDSCP MAI NT SVCS:VAR LOCA' 9,993.13 JAN 16 LNDSCP MAI NT SVCS:VAR LOCA 48,525.10 JAN 16 LNDSCP MAI NT SVCS:VAR LOCA 18,094.70 JAN 16 LNDSCP MAI NT SVCS:VAR LOCA 51,365.88 192,728.58 Page-.4 apChkLst Final Check List Page: 5 03/03/2016 9:35:57AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 175654 03/03/2016 000165 FEDERAL EXPRESS INC 2/4-2/6 EXP MAIL SVCS:CITY CLERK& 64.42 IT 02/11-16 EXP MAIL SVCS:CM/CLERK/FIN 99.39 163.81 175655 03/03/2016 002982 FRANCHISE TAX BOARD LEVY CASE:546961500 67.65 67.65 175656 03/03/2016 009097 FULL COMPASS SYSTEMS SOUND/LIGHTING&MISC SUPPLIES: 185.80 185.80 THEATER 175657 03/03/2016 016184 FUN EXPRESS,LLC MISCELLANEOUS REC.SUPPLIES. 204.51 Misc.supplies:var csd special events 6,552.18 6,756.69 175658 03/03/2016 010326 G E MOBILE WATER,INC APPARATUS MAINT SUPPLIES:STA 63.72 84/73 APPARATUS MAINT SUPPLIES:STA 84/7: 89.92 153.64 175659 03/03/2016 013076 GAUDET,YVONNE M. TCSD INSTRUCTOR EARNINGS 638.40 638.40 175660 03/03/2016 014067 GENTRY,JANN Photography: 2016 Council Group Photo 200.00 200.00 175661 03/03/2016 009608 GOLDEN VALLEY MUSIC SETTLEMENT:CLASSICS...MERC FEB 667.10 667.10 SOCIETY 2016 175662 03/03/2016 014405 GORM INCORPORATED MISC CUSTODIAL SUPPLIES:VAR 604.11 604.11 PARKS 175663 03/03/2016 003792 GRAINGER MISC.STAGE SUPPLIES:THEATER 106.97 106.97 175664 03/03/2016 015451 GREATAMERICA FINANCIAL FEB 16 LEASE FOR 6 788.41 788.41 SVCS COPIERS:LIBRARY 175665 03/03/2016 007767 1 C COMPOUND COMPANY ASPHALT SUPPLIES:PW STREET 855.96 855.96 MAI NT DIV 175666 03/03/2016 013286 1NTRADO,INC. FEB ENTERPRISE 911 SVC:IT 255.00 255.00 175667 03/03/2016 008761 JAIME,JUAN REIMB:ADDT'L BOOTALLOWANCE 89.79 89.79 175668 03/03/2016 015358 KELLY PAPER COMPANY,INC. paper,binding&laminating 47.14 paper,binding&laminating 280.55 327.69 175669 03/03/2016 001091 KEYSER MARSTON JAN 16 REAL ESTATE 485.00 485.00 ASSOCIATES INC CONSULTING:AFF.HOUSI 175670 03/03/2016 001282 KNORR SYSTEMS INC bluetooth test kit:town square fountain 975.97 975.97 Pages apChkLst Final Check List Page: 6 03/03/2016 9:35:57AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 175671 03/03/2016 018713 KOFORD,SUE REFUND:SEC DEP:RM RENTAL:TCC 150.00 150.00 175672 03/03/2016 004062 KUSTOM SIGNALS INC Radar/Lidar repair and maintenance 343.53 343.53 175673 03/03/2016 018500 LABOR READY SOUTHWEST, 02/06-02/12 TEMP HELP: 1,633.73 1,633.73 INC STREET&PARK MAI NT 175674 03/03/2016 018711 LAWRENCE,HENRY REFUND:RETURNED LOST LIBRARY 13.99 13.99 MATERIALS 175675 03/03/2016 000210 LEAGUE OF CALIF CITIES REGIST: 140.00 140.00 EDWARDS/RAHN/MCCRACKEN/ADAMS 175676 03/03/2016 004412 LEANDER,KERRY D. TCSD INSTRUCTOR EARNINGS 126.00 TCSD INSTRUCTOR EARNINGS 537.60 663.60 175677 03/03/2016 018714 LEVENI,MELE REFUND:SEC DEP:RM RENTAL:TCC 150.00 150.00 175678 03/03/2016 014365 MAILFINANCE,INC. TAX FOR POSTAGE METER:CENTRAL 156.85 156.85 SVQS 175679 03/03/2016 003782 MAIN STREET SIGNS misc sign supplies:pw street maint div 3,182.75 misc sign supplies:pw street maint div 107.89 misc sign supplies:pw street maint div 107.89 3,398.53 175680 03/03/2016 004141 MAINTEX INC MISC CUSTODIAL SUPPLIES:VAR 1,695.60 1,695.60 PARKS 175681 03/03/2016 018174 MARMADUKE,INC. K-9 VETERINERY CARE 1,022.89 K-9 VETERINERY CARE FY15/16 POLICE 522.00 K-9 VETERINERY CARE FY15/16 POLICE 1,008.68 2,553.57 175682 03/03/2016 017427 MATCHETT,VIVIAN TCSD INSTRUCTOR EARNINGS 254.80 TCSD INSTRUCTOR EARNINGS 254.80 509.60 175683 03/03/2016 015955 METRO FIRE&SAFETY,INC. KITCHEN HOOD INSPECTIONS:MPSC 205.00 KITCHEN HOOD INSPECTIONS:PBSP 205.00 KITCHEN HOOD INSPECTIONS:CRC 205.00 615.00 175684 03/03/2016 013443 MIDWESTTAPE LLC MISC.BOOKS,AUDIO,DVDS.:LIBRARY 24.94 24.94 175685 03/03/2016 012962 MILLER,MISTY TCSD INSTRUCTOR EARNINGS 336.00 TCSD INSTRUCTOR EARNINGS 280.00 616.00 175686 03/03/2016 009835 MIRACLE PLAYGROUND SALES PLAY EQUIP PARTS:CROWNE HILL 323.73 323.73 INC PARK Pages apChkLst Final Check List Page: 7 03/03/2016 9:35:57AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 175687 03/03/2016 012264 MIRANDA,JULIO C. TCSD INSTRUCTOR EARNINGS 266.00 TCSD INSTRUCTOR EARNINGS 166.25 TCSD INSTRUCTOR EARNINGS 166.25 TCSD INSTRUCTOR EARNINGS 133.00 TCSD INSTRUCTOR EARNINGS 532.00 1,263.50 175688 03/03/2016 004043 MISSION ELECTRIC SUPPLY, MISC ELECTRICAL SUPPLIES:OLD 97.35 97.35 INC TOWN 175689 03/03/2016 004040 MORAMARCO,ANTHONY J. TCSD INSTRUCTOR EARNINGS 409.50 TCSD INSTRUCTOR EARNINGS 423.50 PROMO ITEMS/DESIGN WORK:CSD EVE 10,486.72 11,319.72 175690 03/03/2016 001986 MUZAK LLC MAR 16 DISH NETWORK PRGM:41952 62.01 6TH ST MAR 16 DISH NETWORK PROGRAMING:I 140.85 202.86 175691 03/03/2016 017861 MYTHOS TECHNOLOGY INC MAR 16 IT MONITORING SRVCS:TVE2 100.00 100.00 175692 03/03/2016 002925 NAPAAUTO PARTS MISC PARTS&SUPPLIES:PW STREET 65.10 65.10 MAI NT 175693 03/03/2016 017864 NATURE WORKS SCULPTURE PLAYGROUND EQUIP REPLACEMENT: 12,540.47 12,540.47 INC CIP 175694 03/03/2016 018716 NCL,INC. REFUND:SEC DEP:RM RENTAL:CRC 200.00 200.00 175695 03/03/2016 008820 NEIGHBORS NEWSPAPER ADVERTISING:TEMECULA PRESENTS 250.00 250.00 175696 03/03/2016 014391 NICHOLS,KELLIE D. TCSD INSTRUCTOR EARNINGS 168.00 TCSD INSTRUCTOR EARNINGS 235.20 403.20 175697 03/03/2016 018600 OCCHIPINTI&SILHAN INC VEHICLE REPAIR:PREVENTION 2,571.51 2,571.51 175698 03/03/2016 003964 OFFICE DEPOT BUSINESS SVS OFFICE SUPPLIES:PW LAND DEV 22.02 DIV OFFICE SUPPLIES:PW LAND DEV 13.59 CREDIT:OFFICE SUPPLIES/PW LAND DE' -6.79 OFFICE SUPPLIES:FINANCE 52.25 OFFICE SUPPLIES:HR 9.70 OFFICE SUPPLIES:PREVENTION 18.12 108.89 175699 03/03/2016 007409 OLD TOWN DINING,LLC LIVE ENTERTAINMENT:HOT SMR 2,000.00 2,000.00 NIGHTS 175700 03/03/2016 002105 OLD TOWN TIRE&SERVICE CITY VEHICLE MAI NT SRVCS:BLDG& 253.04 SAFETY CITY VEHICLE MAINT SRVCS:BLDG&S/ 919.49 1,172.53 Page:7 apChkLst Final Check List Page: 8 03/03/2016 9:35:57AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 175701 03/03/2016 002105 OLD TOWN TIRE&SERVICE CITY VEHICLE MAINT SRVCS:FIRE 50.39 50.39 PREV 175702 03/03/2016 002105 OLD TOWN TIRE&SERVICE CITY VEHICLE MAINT SRVCS:PW 50.39 50.39 PARKS MAI NT 175703 03/03/2016 018461 PACIFIC PRODUCTS& MISC SIGNAGE SUPPLI ES:PW STREET 1,448.67 1,448.67 SERVICE LLC MAINT 175704 03/03/2016 017675 PODS ENTERPRISES,INC PODS RENTAL:FIRE STN 73 764.64 CREDIT:BILLINGADJ-PODS RENTAL/STN -518.68 245.96 175705 03/03/2016 011549 POWER SPORTS UNLIMITED VEH MAINT&REPAIR:POLICE 295.76 295.76 175706 03/03/2016 014957 PRN PRODUCTIONS COMEDY @ THE MERC 2/27/16 229.60 229.60 175707 03/03/2016 002176 RANCHO CALIF BUS PK ASSOC APR-JUN BUS.PRKASSN DUES:TVE2 2,234.14 APR-JUN BUS.PRKASSN DUES:FOC 1,843.17 APR-JUN BUS.PRKASSN DUES:DIAZ RE 2,033.07 6,110.38 175708 03/03/2016 000262 RANCHO CALIF WATER FEB WATER METER:30875 RANCHO 586.32 DISTRICT VISTA FEB VAR WATER METERS:FIRE STNS FE 179.90 FEB VAR WATER METERS:TCSD SVC LE 5,235.18 FEB VAR WATER METERS:PW VARIOUS 1,546.37 7,547.77 175709 03/03/2016 011853 RANCON COMMERCE CNTR APR-JUN BUS.PRKASSN. DUES:STN 510.71 510.71 PH2,3&4 73 175710 03/03/2016 003591 RENES COMMERCIAL WEED ABATEMENT:RIGHT-OF-WAYS 2,923.00 2,923.00 MANAGEMENT 175711 03/03/2016 018717 RIOS,BENITA REFUND:SEC DEP:RM 138.00 138.00 RENTAL:HARVESTON 175712 03/03/2016 017391 RISE INTERPRETING,INC. INTERPRETATION SVCS:HUMAN 280.00 280.00 SERVICES 175713 03/03/2016 000353 RIVERSIDE CO AUDITOR JAN'16 PRKG CITATION 2,800.00 2,800.00 ASSESSMENTS 175714 03/03/2016 001592 RIVERSIDE CO INFO JAN EMERGENCY RADIO RENTAL: 2,912.86 2,912.86 TECHNOLOGY POLICE 175715 03/03/2016 004822 RIVERSIDE TRANSITAGENCY JAN'16TRANSIT 1,704.90 1,704.90 AGRMNT:HARVESTON SHUTTLE 175716 03/03/2016 017102 ROBINSON,SHIRLEY REIMB:NOTARY REGISTRATION 61.00 61.00 Page.8 apChkLst Final Check List Page: 9 03/03/2016 9:35:57AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 175717 03/03/2016 002226 RUSSO,MARYANNE TCSD INSTRUCTOR EARNINGS 679.00 679.00 175718 03/03/2016 009980 SANBORN,GWYNETH A. COUNTRY LIVE!@ THE MERC 2/20/16 843.75 843.75 175719 03/03/2016 018012 SAUNDERS,CATHY TCSD INSTRUCTOR EARNINGS 277.41 TCSD INSTRUCTOR EARNINGS 280.00 TCSD INSTRUCTOR EARNINGS 140.00 TCSD INSTRUCTOR EARNINGS 280.00 TCSD INSTRUCTOR EARNINGS 280.00 TCSD INSTRUCTOR EARNINGS 280.00 1,537.41 175720 03/03/2016 017113 SCHOLASTIC LIBRARY PUBLICATIONS/CHILDREN'S BOOKS: 12.51 12.51 PUBLISHING, LIBRARY 175721 03/03/2016 013376 SECURITY SIGNAL DEVICES REPAIR&MAINT OF CAMERAS:TVE2 139.00 139.00 INC 175722 03/03/2016 017365 SELSTAD,LONNIE DIXIELAND @ THE MERC 2/21/16 202.95 202.95 175723 03/03/2016 015457 SHAW HR CONSULTING,INC. CONSULTING SRVCS:HUMAN 770.00 770.00 RESOURCES 175724 03/03/2016 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 2/18/16 409.50 409.50 175725 03/03/2016 013695 SHRED-IT US JV,LLC 2/11 DOC.SHRED SRVCS:POLICE O.T. 16.54 STN 2/11/16 DOCUMENT SHRED SRVCS:CIVI( 63.00 2/9 DOC.SHRED SRVCS:POLICE MALL S" 16.54 96.08 175726 03/03/2016 000645 SMART&FINAL INC MISC SUPPLIES:ARTS CULTURE& 322.73 EVENTS MISC SUPPLIES:HUMAN SERVICES PGR 22.88 MISC SUPPLIES:HUMAN SERVICES PGR 107.38 452.99 175727 03/03/2016 000537 SO CALIF EDISON JAN 2-28-331-4847:32805 PAUBA RD 100.46 LS3 FEB 2-35-164-3663:42335 MEADOWS PK% 26.83 FEB 2-35-164-3515:32932 LEENA WAY 26.83 FEB 2-35-164-3242:44270 MEADOWS PK% 27.72 FEB 2-35-164-3770:43487 BUTTERFIELD 28.36 JAN 2-30-099-3847:29721 RYECREST 24.64 FEB 2-33-357-5785:44747 REDHAWK PKV 30.03 JAN 2-30-296-9522:46679 PRIMROSE AVE 569.39 JAN 2-28-171-2620:40820 WINCHESTER 590.89 FEB 2-31-536-3226:28690 MERCEDES 1,505.76 2,930.91 175728 03/03/2016 001212 SO CALIF GAS COMPANY JAN 055-475-6169-5:32380 152.81 DEERHOLLOW WAY JAN 015-575-0195-2:32211 WOLF VLY RD 332.80 485.61 Page9 apChkLst Final Check List Page: 10 03/03/2016 9:35:57AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 175729 03/03/2016 006221 SOUTH BAY FOUNDRY INC. DRAIN GRATES:RANCHO CAL BRIDGE 691.20 691.20 175730 03/03/2016 002503 SOUTH COASTAIR QUALITY FY 15/16 EMISSIONS FEES:FIRE STN 121.44 95 ANN'L OPERATING FEES:FIRE STN 95 102.45 223.89 175731 03/03/2016 000519 SOUTH COUNTY PEST PEST CONTROL SRVCS:FIRE STN 95 80.00 CONTROLINC PEST CONTROL SRVCS:O.A.T.C. 48.00 PEST CONTROL SRVCS:FIRE STN 92 42.00 JAN PEST CONTROL SRVCS:CITY FACS 980.00 1,150.00 175732 03/03/2016 017381 SOUTHWEST CALIFORNIA REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 PAGEANTS 175733 03/03/2016 006559 SOUTHWESTERN RIVERSIDE REFUND:SEC DEP:RM RENTAL:MPSC 200.00 200.00 COUNTY 175734 03/03/2016 008337 STAPLES BUSINESS MISC OFFICE SUPPLIES:MALL 12.94 ADVANTAGE STOREFRONT CREDIT:OFFICE SUPPLIES/MALL STORE -4.64 MISC OFFICE SUPPLIES:MALL STOREFF 4.64 MISC OFFICE SUPPLIES:MALL STOREFF 91.75 MISC OFFICE SUPPLIES:MALL STOREFF 219.68 MISC OFFICE SUPPLIES:MALL STOREFF 71.69 396.06 175735 03/03/2016 015648 STEIN,ANDREW PROMO SUPPLIESMAR SPECIAL 8,687.01 8,687.01 EVENTS 175736 03/03/2016 016262 STEVE ADAMIAK GOLF TCSD INSTRUCTOR EARNINGS 224.00 INSTRUCTION TCSD INSTRUCTOR EARNINGS 420.00 TCSD INSTRUCTOR EARNINGS 560.00 TCSD INSTRUCTOR EARNINGS 140.00 TCSD INSTRUCTOR EARNINGS 280.00 1,624.00 175737 03/03/2016 013387 SWEEPING UNLIMITED INC FEB SWEEPING SVCS:PARKING 500.00 500.00 STRUCTURE 175738 03/03/2016 003677 TEMECULA MOTORSPORTS MOTORCYCLE 572.59 LLC REPAIR/MAINT:TEM.P.D. MOTORCYCLE REPAIR/MAINT:TEM.P.D. 353.33 MOTORCYCLE REPAIR/MAINT:TEM.P.D. 861.32 MOTORCYCLE REPAIR/MAINT:POLICE 1,413.99 MOTORCYCLE REPAIR/MAINT:POLICE 176.12 3,377.35 175739 03/03/2016 004873 TEMECULA VALLEY RENTAL @ THE MERC 2/19/16 380.00 380.00 HISTORI CAL SOC 175740 03/03/2016 005970 TEMECULA VALLEY PLAYERS CHEAPER BY THE DOZEN 2/18-28 8,494.35 V.GIBSON REMEMBER...MAGIC 2/24/16 3,864.80 12,359.15 Page:10 apChkLst Final Check List Page: 11 03/03/2016 9:35:57AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 175741 03/03/2016 003067 TEMECULA VALLEY R V BATTERIES/PARTS TRAILER 1,427.32 1,427.32 SERVICE SIGN:POLICE 175742 03/03/2016 004274 TEMECULA VALLEY SECURITY DOOR SPRING:CIVIC CENTER 76.20 76.20 CENTR 175743 03/03/2016 003941 TEMECULA WINNELSON MISC PLUMBING SUPPLIES:VAR 31.60 31.60 COMPANY PARKS 175744 03/03/2016 014056 TEMECULAYOUTH BASEBALL, REFUND:SNACK BAR DEPOSITS 800.00 800.00 GEN FUND 175745 03/03/2016 010276 TIME WARNER CABLE FEB HIGH SPEED INTERNET:32364 54.99 OVERLAND FEB HIGH SPEED INTERNET:40820 WINC 1.60 MAR HIGH SPEED INTERNET:41000 MAIC 4,319.47 FEB HIGH SPEED INTERNET:32211 WOLI 120.30 4,496.36 175746 03/03/2016 016796 TIME WARNER CABLE MEDIA 12/28-1/31/16 CABLE 327.00 327.00 ADVERTISINGCSD 175747 03/03/2016 000319 TOMARK SPORTS INC SOFTBALL EQUIPMENT:2016 SPRING 1,231.20 SEASON BASKETBALL GOALS&NETS:VAR PARK 1,321.73 2,552.93 175748 03/03/2016 000161 TYLER TECHNOLOGIES,INC 5/1/15-4/30/16 CONSULT/TRNG:IG 1,416.00 WRKFORCE CONSULTING&TRNG:WHR PLANNING 150.00 1,566.00 175749 03/03/2016 009709 U H S OF RANCHO SPRINGS, JAN ASSAULT EXAMS:POLICE 2,700.00 2,700.00 INC 175750 03/03/2016 002110 UNITED RENTALS NORTH MISC EQUIP RENTALS:PW STREET 821.13 821.13 AMERICA MAINT 175751 03/03/2016 014850 VALLEY PRINTING SERVICES, Printing srvcs:city newsletter 4,956.23 4,956.23 INC. 175752 03/03/2016 004261 VERIZON FEB XXX-5072 GENERAL USAGE 2,165.99 JAN XXX-0074 GENERAL USAGE 4,420.76 6,586.75 175753 03/03/2016 004789 VERIZON FEB INTERNET SVCS:FIRE STN#73 134.21 FEB INTERNETSVCS:C.MUSEUM,GIFT 134.99 FEB INTERNET SVCS:TCC 129.99 FEB INTERNET SVCS:LIBRARY 184.99 584.18 175754 03/03/2016 014486 VERIZON WIRELESS JAN BROADBAND SVCS:CITYWIDE 2,005.10 2,005.10 175755 03/03/2016 018707 VETERANS SUPPLEMENTAL COUNCIL COMMUNITY SERVICE 1,000.00 1,000.00 SUPPORT FUNDING Page:11 apChkLst Final Check List Page: 12 03/03/2016 9:35:57AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 175756 03/03/2016 006248 WALKER,JESSICA TCSD INSTRUCTOR EARNINGS 313.60 313.60 175757 03/03/2016 007987 WALMART MISCSUPPLIES:MPSC 180.46 MISC SUPPLIES:HARVESTON CENTER 212.70 MISCSUPPLIES:PENNYPICKLE EXHIBIT! 116.26 MISC RECREATION SUPPLIES:CRC 133.97 SPARK OF LOVE TOY DRIVE:FIRE 705.00 1,348.39 175758 03/03/2016 001342 WAXIE SANITARY SUPPLY INC CUSTODIAL SUPPLIES:CIVIC CENTER 1,983.19 1,983.19 175759 03/03/2016 003730 WEST COAST ARBORISTS INC 2/1-15/16 ROW TRIMMING:CITYWIDE 7,246.50 1/16-31/16 ROW TRIMMING:CITYWIDE 15,995.00 23,241.50 175760 03/03/2016 008402 WESTERN RIVERSIDE TEM.PARK&RIDE/MSHCP PAYMENT 20,798.85 20,798.85 COUNTY 175761 03/03/2016 004567 WATCHER ELECTRIC ELECTRICAL REPAIRS:OLD TOWN 752.00 ELECTRICAL REPAIRS:OLD TOWN 800.00 1,552.00 175762 03/03/2016 018718 YAP,ILEANA REFUND:LIFEGUARD TRAINING CLASS 175.00 175.00 A 1000925 02/24/2016 015946 BONETT,AUSTIN REFUND:LIFEGUARD TRAINING CLASS 175.00 175.00 A 1000926 02/24/2016 018699 COUNTY OF SAN DIEGO REFUND:SEC DEP:RM RENTAL:CONF 150.00 150.00 CTR A 1000927 02/24/2016 018700 CRABTREE,JOANNE REFUND:LIFEGUARD TRAINING CLASS 175.00 175.00 A 1000928 02/24/2016 018701 DEJARNETTE,JACQUELINE REFUND:MISS CATHY'S TINY TOTS 90.00 90.00 1040.104 1000929 02/24/2016 018701 DEJARNETTE,JACQUELINE REFUND:MISS CATHY'S TINY TOTS 100.00 100.00 1040.101 1000930 02/24/2016 016288 EMERY,TARA REFUND:JR SPORTS 2205.108 84.00 84.00 1000931 02/24/2016 010854 GRIFFIN,VERONICA REFUND:SEC DEP:RM RENTAL:CRC 200.00 200.00 1000932 02/24/2016 018702 PARTEE,MICHAEL REFUND:SEC DEP:RM 200.00 200.00 RENTAL:HARVESTON 1000933 02/24/2016 018703 RHEMA WORD MINISTRIES REFUND:SEC DEP:RM RENTAL:TCC 43.63 43.63 Page:12 apChkLst Final Check List Page: 13 03/03/2016 9:35:57AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 1000934 02/24/2016 018704 SANTIAGO,AMADEO REFUND:SEC DEP:RM 200.00 200.00 RENTAL:HARVESTON 1000935 02/24/2016 018705 THE WAY FAMILY CHURCH REFUND:HRLY RENTAL 359.00 359.00 CREDIT:HARVESTON 1000936 02/24/2016 018706 WENDEL,SHANNON REFUND:PEDIATRIC FIRSTAID 80.00 80.00 COURSE Grand total for UNION BANK: 1,181,924.63 Page:13 apChkLst Final Check List Page: 14 03/03/2016 9:35:57AM CITY OF TEMECULA 172 checks in this report. Grand Total All Checks: 181 924.63 Page:14 Item No . 4 Approvals City Attorney A� Finance Director City Manager (Sr CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: March 22, 2016 SUBJECT: Receive Report Regarding Status of Upcoming Vacancies on Boards and Commissions PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council receive the report regarding the status of upcoming vacancies on Boards and Commissions. BACKGROUND: In an effort to ensure early notification of upcoming vacancies on the City's various Boards and Commissions, staff has implemented a process to notify the City Council and the public of upcoming vacancies in advance of publication. On June 15, 2016, there will be two vacancies on the Planning Commission. The vacancies will be advertised through established procedures including the newspaper, website and social media outlets. The application for these vacancies will be available on April 1, 2016 and the application period will be open from April 1, 2016 — April 30, 2016. It is anticipated that the City Council will make appointments to fill the vacancies at the May 24, 2016 regularly scheduled meeting, ensuring continuity of service prior to the expiration of existing terms. Additional information is available through the City Clerk's office. FISCAL IMPACT: None ATTACHMENTS: None Item No . 5 Approvals City Attorney Finance Director City Manager (SY CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: March 22, 2016 SUBJECT: Adopt Ordinance 16-02 Approve Planning Application Numbers PA14-0051 and PA15-1664, Development Agreement and Specific Plan Amendments to Modify the Roripaugh Ranch Development Agreement and Specific Plan Timing Requirements for Improvements Required by the Existing Approvals for Phase II of Roripaugh Ranch (Second Reading) PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council adopt an ordinance entitled: ORDINANCE NO. 16-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE RORIPAUGH RANCH PROJECT (PLANNING APPLICATION NO. PA14-0051) 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. 16-02 was first introduced at the regularly scheduled meeting of March 8, 2016. FISCAL IMPACT: None ATTACHMENTS: Ordinance ORDINANCE NO. 16-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE RORIPAUGH RANCH PROJECT (PLANNING APPLICATION NO. PA14-0051) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council does hereby find, determine and declare that: A. The Development Agreement between the City of Temecula and Ashby USA, LLC (also known as the "Pre-annexation and Development Agreement") was initially approved by Ordinance No. 02-14 of the City Council on December 17, 2002 and recorded on January 9, 2003 as Document No. 2003-018567 in the Official Records of the County of Riverside. The Development Agreement has been previously amended pursuant to: (1) the First Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated February 14, 2006 and recorded on March 7, 2006 in the Official Records of Riverside County as Document No. 2006-0162268; and (2) the Second Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated April 23, 2013 and recorded on July 3, 2013 in the Official Records of Riverside County as Document No. 2013-0324057. The December 17, 2002 development agreement as amended shall be referred to in this Ordinance as the "Development Agreement." B. The Development Agreement and the Roripaugh Ranch Specific Plan provide that the issuance of building permits for Phase II buildings are conditioned upon the completion of design and construction of certain Public Improvements. The Third Amendment to the Development Agreement and Amendment No. 2 to the Roripaugh Ranch Specific Plan would modify the schedule and building permit "trigger points" or "building permit thresholds" for various public improvements related to development in Phase II of the Roripaugh Project (collectively the "Amendments"). The Owners of the Phase II Properties have requested modifications to the infrastructure implementation schedule to be able to install them in a more cost effective and efficient manner based on current market conditions. C. On February 17, 2016 the Planning Commission of the City of Temecula held a duly noticed public hearing on the proposed Addendum No. 2 to the Roripaugh Ranch Final Environmental Impact Report, the proposed Third Amendment to the Development Agreement, and the proposed Amendment No. 2 to the Roripaugh Ranch Specific Plan (SP 11) at which time all persons interested in the Project had the opportunity and did address the Planning Commission. After hearing all written and oral testimony on the proposed actions and duly considering the comments received, the Ords 16-02 1 Planning Commission adopted Resolution No. 16-06 recommending to the City Council that the Addendum No. 2 to the Roripaugh Ranch Final Environmental Impact Report, the proposed Third Amendment to the Development Agreement, and the proposed Amendment No. 2 to the Roripaugh Ranch Specific Plan (SP 11) be approved. D. On March 8, 2016 the City Council of the City of Temecula held a duly noticed public hearing on the proposed Addendum No. 2 to the Roripaugh Ranch Final Environmental Impact Report, the proposed Third Amendment to the Development Agreement, and the proposed Amendment No. 2 to the Roripaugh Ranch Specific Plan (SP 11) at which time all persons interested in the Project had the opportunity and did address the City Council. E. The City has reviewed the potential impacts of the Third Amendment to the Development Agreement and the various potential benefits to the City of the Third Amendment and has concluded that the Third Amendment is in the best interests of the City. F. The Third Amendment to the Development is consistent with the City's General Plan including the goals and objectives thereof and each element thereof. The Third Amendment to the Development Agreement modifies the timing for the construction of various improvements in the Roripaugh Ranch Specific Plan area, but is otherwise consistent with the development requirements set forth in the Roripaugh Ranch Specific Plan, as amended. The Roripaugh Ranch Specific Plan discusses, at length, the consistency between the Specific Plan and the General Plan. The findings of consistency contained in the Roripaugh Ranch Specific Plan are applicable and are incorporated herein by this reference. G. All legal preconditions to the adoption of this Ordinance have occurred. H. By Resolution No. 16-16 the City Council certified and approved the Addendum No. 2 to the Final Environmental Impact Report for the Roripaugh Ranch Project. Section 2. Approval of Third Amendment to Development Agreement. The City Council of the City of Temecula hereby approves that certain Third Amendment to Development Agreement between the City of Temecula and Ashby USA, LLC (also known as the "Pre-annexation and Development Agreement")and authorizes the Mayor to execute the Development Agreement in substantially the form attached hereto as Exhibit "A". Section 3. Mayor Naggar and Council Member Comerchero did not participate in the discussion of Item 1, Butterfield Stage Road Phase 3, of Exhibit D to the Third Amendment to the Development Agreement and abstained with respect to the action on this particular item. While neither has any ownership or investment interests in Europa Village Estates adjacent to Butterfield Stage Road at this location, it is an otherwise related entity to them as further described in the Staff Report. Ords 16-02 2 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of March, 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. 16-02 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 March, 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 22nd day of March, 2016, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Ords 16-02 3 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Temecula 41000 Main Street. Temecula, CA 92590 Attn: City Clerk Exempt from recording fees pursuant to Govt. Code Section 27383 (Space above for recorder's use) THIRD AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN CITY OF TEMECULA AND ASHBY USA, LLC (RORIPAUGH RANCH SPECIFIC PLAN) THIS THIRD AMENDMENT TO DEVELOPMENT AGREEMENT is made and entered into as of March , 2016, by and between the CITY OF TEMECULA, a California municipal corporation ("City"), Wingsweep Corporation, a California corporation ("Wingsweep"), and Roripaugh Valley Restoration, LLC, a Delaware limited liability company ("RVR") (collectively "Phase II Owners"")pursuant to the authority of Section 65864 through 65869.5 of the California Government Code and Article XI, Section 2 of the California Constitution. Pursuant to said authority and in consideration of the mutual covenants set forth in this Third Amendment, the parties hereto agree as follows: 1. Recitals. This Third Amendment is made with respect to the following purposes and facts which the parties agree to be true and correct: a. The Development Agreement between the City of Temecula and Ashby USA, LLC (also known as the "Pre-annexation and Development Agreement") was initially approved by Ordinance of the City Council on December 17, 2002 and recorded on January 9, 2003 as Document No. 2003-018567 in the Official Records of the County of Riverside. The Development Agreement has been previously amended pursuant to: (1)the First Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated February 14, 2006 and recorded on March 7, 2006 in the Official Records of Riverside County as Document No. 2006-0162268; and (2)the Second Amendment to the Development Agreement Between the City of 11086-0097\1902902v4.doc 2-22-2016 1 Temecula and Ashby USA, LLC, dated April 23, 2013 and recorded on July 3, 2013 in the Official Records of Riverside County as Document No. 2013-0324057. The December 17, 2002 development agreement as amended shall be referred to in this Third Amendment as the"Development Agreement." b. Section 3.5.5 of the Development Agreement authorizes parties to the Development Agreement and the City to approve an "Operating Memorandum" which does not constitute an amendment to the Development Agreement, in order to implement the Development Agreement or provide for"changes, adjustments, or clarifications [that] are appropriate to further the intended purposes" of the Development Agreement. Since the date of the Development Agreement, seven Operating Memoranda have been approved: (1) The First Operating Memorandum was entered into on October 21, 2004; (2)the Second Operating Memorandum was entered into on March 21, 2006; (3)the Third Operating Memorandum was entered into on August 31, 2006; (4)the Fourth Operating Memorandum was entered into on March 8, 2007 and recorded on March 8, 2007 in the Official Records of Riverside County as Document No. 2007- 0160512; (5)the Fifth Operating Memorandum was entered into on October 26, 2010 and recorded on November 18, 2010 in the Official Records of Riverside County as Document No. 2010-0557219; (6)the Sixth Operating Memorandum was entered into on January 25, 2011 and recorded on March 3, 2011 in the Official Records of Riverside County as Document No. 2011-0093836; and (7)the Seventh Operating Memorandum was entered into on April 17, 2015 and recorded on May 28, 2015 in the Official Records of Riverside County as Document No. 2015-0223568. C. The real property which is the subject of this Third Amendment is generally known as the Phase II Property of the Roripaugh Ranch Project. The Phase II Property consists of the Wingsweep Property described in Section l.d. and the RVR Property described in Section I.e. The Phase II Property is depicted on the map in Exhibit A ("Phase 11 Property Map") and is a part of the property subject to the Development Agreement. d. Wingsweep is the owner of real property within the Phase 11 Property that is described on Exhibit B to this Third Amendment("Wingsweep Property") and is a part of the property subject to the Development Agreement. Wingsweep warrants and represents to the City that all persons who have an ownership interest or other interest in the Wingsweep Property have executed this Third Amendment as a party and, further, that no other persons are required to approve this Third Amendment on behalf of Wingsweep. e. RVR is the owner of real property with the Phase II Property that is described on Exhibit C to this Third Amendment("RVR Property") and is a part of the property subject to the Development Agreement. RVR warrants and represents to the City that all persons who have an ownership interest or other interest in the RVR Property have executed this Third Amendment as a party and, further, no other persons are required to approve this Third Amendment on behalf of RVR. f. By Resolution No. 2016- the City Council certified and 11086-0097\1902902v4.doc 2-22-2016 2 approved the Third Addendum to the Environmental Impact Report for the Roripaugh Ranch Project, its land use entitlements and the Development Agreement pertaining to the environmental analysis of this Third Amendment and Amendment No. 2 Roripaugh Ranch Specific Plan (SP 11). g. On February 17, 2016 the Planning Commission of the City of Temecula held a duly noticed public hearing on the proposed Addendum, the proposed Third Amendment to the Development Agreement, and the proposed Amendment No. 2 to the Roripaugh Ranch Specific Plan (SP 11). After hearing all written and oral testimony on the proposed actions and duly consideration the comments received, the Planning Commission adopted Resolution No. 16-06 recommending to the City Council that this Third Amendment be approved. h. On March 8, 2016, the City Council of the City of Temecula held a duly noticed public hearing on the proposed Addendum, the proposed Third Amendment, and the proposed Amendment No. 2 to the Roripaugh Ranch Specific Plan (SP 11). After hearing all written and oral testimony on the proposed actions and duly consideration the comments received, the City Council introduced Ordinance No. 16- on March 8, 2016 and adopted Ordinance No. 16- on 2016 approving this Third Amendment. i. On 2016, the City Council of the City of Temecula also adopted Resolution No. 16- approving Amendment No. 2 to the Roripaugh Ranch Specific Plan (SP 11) 2. Amendment of Section 4.2 Phase II Improvements. Section 4.2 of the Development Agreement shall be amended to read as follows: "4.2 Physical Improvements. In consideration of the CITY'S promises and performances, OWNER agrees to the following: "4.2.1 Off-Site Improvements. Subject to the CITY'S assistance pursuant to Section 3.1.3.5 OWNER shall be solely responsible for funding, acquiring right-of-way, slope easements, rights of entry, temporary construction easements, as well as constructing all improvements identified in Attachment 5, as modified by Section 4.2.1.1. "4.2.1.1 Phase II Improvements. A. As used in this Section 4.2.1.1, "Phase II Property Owners" shall mean the owners of the Phase II Property and their successors and assigns. B. The Phase II Property Owners hereby acknowledge and agree that on-site and off-site improvements required for Phase I of the Roripaugh Ranch Project as described in Attachment 5 have been completed, or are secured with construction pending or in progress, and that the Phase 11 Owners shall not have any responsibility for the Phase I Improvements. 11086-0097\1902902v4.doc 2-22-2016 3 C. Attachment 5 is hereby amended by deleting the text, descriptions and building permit release thresholds for the Phase II Improvements and replacing the text, descriptions and building permit release thresholds for the Phase II improvements with Attachment 5-A to this Third Amendment. D. Subject to the CITY'S assistance pursuant to Section 3.1.3.5, the Phase 11 Property Owners shall be responsible for funding, designing, obtaining required all applicable permits, including, without limitation, resource agency permits, acquiring rights-of-way, slope easements, rights of entry, temporary construction easements, as well as constructing all of the Phase 11 Improvements as identified and described in Attachment 5-A, Phase 11 Improvements and Schedule. Phase II Property Owners, agree that to the extent the costs of said Phase 11 Improvements exceeds available proceeds from duly authorized community facility district bonds issued by the City and secured by a special tax on the Project Site or the Phase 11 Properties, or both, pursuant to Section 3.1.3.5, Wingsweep Corporation, a California corporation ("Wingsweep"), and its successors and assigns, shall pay ten percent(10%) of such costs and Roripaugh Valley Restoration, LLC, a Delaware limited liability company ("RVR') shall pay ninety percent(90%) of such costs. It shall be the responsibility of Wingsweep and RVR to fund the costs of the Phase II Improvements as provided in this subsection as between themselves. E. City shall have no responsibility to fund any of the Phase 11 Improvements except with proceeds from duly authorized and available community facilities district bonds issued by the City and secured by a special tax on the Proj ect Site or the Phase II Properties or both. Further, City shall be under no obligation to issue any building permits pursuant to Attachment 5-A should Wingsweep or RVR fail to contribute their respective shares of the funds required to complete the Phase II Improvements. "4.2.2 On-Site Improvements. OWNER shall be solely responsible for funding, acquiring right-of-way, slope easements, rights of entry, temporary construction easements, as well as all other On-Site improvements necessary to accomplish the Development, in whole or in part." 3. New Attachment 5-A Phase 11 Improvements. A new Attachment 5-A, Phase II Improvements and Schedule, is hereby added to the Development Agreement to read as provided in Exhibit D to this Third Amendment. 4. Amendment No. 2 to Roripaugh Ranch Specific Plan (SP 11) Shall Constitute a Development Plan Approval. Pursuant to the provisions of Section 3.6, Wingsweep and RVR each agree that that Amendment No. 2 to the Roripaugh Ranch Specific Plan shall be an amendment to the Development Plan Approvals and that Amendment No. 2 shall constitute for all purposes a Development Plan Approval and shall be treated for Phase 11 as if it were in existence on the Effective Date. 11086-0097\1902902v4.doc 2-22-2016 4 5. General a. Except as specifically set forth herein, all other terms and conditions of the Development Agreement, as amended by the First and Second Amendments, shall remain in full force and effect. b. This Third Amendment contains the entire understanding between the parties relating to the subject matter hereof, all prior or contemporaneous agreements, understandings, representations and statements, oral or written, concerning the subject matter hereof. C. The following Exhibits are attached to this Third Amendment and incorporated herein as though set forth in full: Exhibit A Phase II Property Map Exhibit B Wingsweep Property Exhibit C RVR Property Exhibit D New Attachment 5-A to Development Agreement, Phase II Improvements and Schedule 11086-0097\1902902v4.doc 2-22-2016 5 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment as of the day and year first above written. CITY OF TEMECULA, A municipal corporation Michael S. Naggar Mayor Attest: Randi Johl-Olson, JD, MMC City Clerk Approved As to Form: Peter M. Thorson City Attorney 11086-0097\1902902v4.doc 2-22-2016 6 WINGSWEEP CORPORATION, A California corporation By: Corry Hong President and Chief Executive Officer 11086-0097\1902902v4.doc 2-22-2016 7 RORIPAUGH VALLEY RESTORATION LLC A Delaware limited liability company By: Ken Kraemer Operating Manager 11086-0097\1902902v4.doc 2-22-2016 8 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy,or validity of that document. State of California ) County of ) On before me, (insert name and title of the officer) Notary Public, personally appeared_ who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 11086-0097\1902902v4.doc 2-22-2016 9 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy,or validity of that document. State of California ) County of ) On before me, (insert name and title of the officer) Notary Public, personally appeared_, who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 11086-0097\1902902v4.doc 2-22-2016 10 EXHIBIT A PHASE II PROPERTY MAP 11086-0097\1902902v4.doc 2-22-2016 11 Exhibit A Phase 2 Property b�R�Tq hOT SpwN�RD I I I 1 I R I ��3'vno:Ev_go o; I z W �� LL n N�COLAS RD 1 II 'p \ iH-60 hpo� 0 z N � 9 °o i0 SOUTH LOOP RD CALLS CHAPUS , 0U 3 z ysrq inEaD ABRUZZO ST �P �ytLE y,T 1 0 500 1,000 Fee[ AT NORTH l y aF snt- 11086-0097\1902902v4.doc 2-22-2016 12 EXHIBIT B WINGSWEEP PROPERTY 11086-0097\1902902v4.doc 2-22-2016 13 PARCEL A: THAT PORTION OF THE NORTH HALF OF SECTION 20,TOWNSHIP 7 SOUTH,RANGE 2 WEST,SAN BERNARDINO BASE AND MERIDIAN,IN THE CITY OF TEMECULA,COUNTY OF RIVERSIDE,STATE OF CALIFORNIA,SHOWN AS"NOT A PART'ON PARCEL MAP ON FILE IN BOOK 1,PAGE 44 OF PARCEL MAPS,RECORDS OF RIVERSIDE COUNTY,CALIFORNIA,DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID"NOT A PART"SOUTH 0"33 55" WEST,974.13 FEET FROM NORTHEAST CORNER THEREOF;THENCE NORTH 89'26'05"WEST,771.64 FEET PARALLEL WITH THE SOUTH LINE OF SAID"NOT A PART"TO A POINT ON TH EAST LINE OF THE METROPOLITAN WATER DISTRIC T RIGHT-OF-WAY SOUTH 12"32'02"WEST 1004.04 FEET FROM THE NORTHWEST CORNER OF SAID"NOT A PART';THENCE SOUTH 12°32'02'WEST,278.15 FEET ON SAID EAST METROPOLITAN WATER DISTRICT LINE;THENCE SOUTH 89"26'05"EAST,829.32 FEET PARALLEL WITH SAID SOUTH LINE TO A POINT ON THE EAST LINE OF SAID"NOT A PART"SOUTH 0"33'55" WEST,1246.2.4 FEET FROM SAID NORTHEAST CORNER;THENCE NORTH 0'33'55"E-AST,272.11 FEET ON SAID EAST LINE TO THE POINT OF BEGINNING. PARCEL B: THAT PORTION OF THAT PORTION OF THE EAST HALF OF SECTION 20,TOWNSI IIP 7 SOUTH,RANGE 2 WEST,SAN BERNARDINO BASE AND MERIDIAN,IN THE CITY OF TEMECULA,COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,ACCORDING TO THE OFFICIAL PLAT (HEREOF,SHOWN AS"NOTA PART"AS PER MAP RECORDED IN BOOK 1,PAGES 44,45 AND 46 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID"NOT A PART"SOU'I I10'33'55"WEST,1,246.24 FEET FROM THE NORTHEASTERLY CORNER OF SAID"NOT A PART";THENCE CONTINUING SOUTH 0° 33'55"WEST ALONG SAID EASTERLY LINE 375.50 FEET TO A POINT;THENCE NORTH 89`26,05" WEST 904 FEET,MORE OR LESS,TO A POINT ON THE EASTERLY LINE OF LAND CONVEYED TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA BY DEED RECORDED APRIL 24,1968,AS INSTRUMENT NO.37774,OFFICIAL RECORDS,SAID POINT ALSO BEING THE NORTHWEST CORNER OF THAT CERTAIN PARCEL CONVEYED TO MATCHAM RLALIY BY DEED RECORDED OCTOBER 21, 1971,AS INSTRUMENT N0,120094,OFFICIAL RECORDS;THENCE ALONG SAID EASTERLY LINE NORTH 12"32' 02"EAST(RECORDED NORTH 12°34'14"EAST)383.24 FEET TO A POINT THAT 15 SOUTH 12"32'02" WEST(OF RECORD SOUTH 12"34'14"WEST)1,282.19 FEET FROM THE NORTHWEST CORNER OF SAID"NOT A PART";THENCE SOUTH 89°26'05"EAST 829.32 FEET,MORE OR LESS,TO THE POINT OF BEGINNING. PARCEL C: THAT PORTION OF THAT CERTAIN PARCEL OF LAND,IN THE TEMECULA,COUNTY OF RIVERSIDE, STATE OF CALIFORNIA DELINEATED AND DESIGNATED"NOT A PART"ON A MAP FILED IN BOOK 1, PAGE 44 OF PARCEL MAPS,IN THE OFFICE OF THE RECORDER OF RIVERSIDE COUNTY BEING A PORTION OF THE EAST HALF OF SECTION 20,TOWNSHIP 7 SOUTH,RANGE 2 WEST,SAN BERNARDINO BASE AND MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTH HALF OF THE NORTH HALF OF SAID SECTION 20 AS SHOWN ON PARCEL MAP IN BOOK 1,PAGE 44;THENCE ALONG THE EAST LINE OF SAID SECTION SOUTH 0°33'55"WEST,1,621,74 FFFT TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING SOU 1N 0°33'55"WEST,98.5 FEET;THENCE NORTH 89"26'05"WEST 928 FEET,MORE 11086-0097\1902902v4.doc 2-22-2016 14 OR LESS,TO THE EASTERLY LINE OF LAND CONVEYED TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA BY DEED RECORDED APRIL 24,1968,AS INSTRUMENT NO.37774,OF OFFICIAL RECORDS;THENCEALONG SAID EASTERLY LINE NORTI112'32'02'EAST,(RECORDED NORTH 12'34'14'EAST)100 FEET,MORE OR LESS,TO AN INTERSECTION ON A LINE BEARING NORTH 89°26'05"WEST FROM THE TRUE POINT OF BEGINNING;THENCE SOUTH 89°26'05"EAST 904 FEET,MORE OR LESS,TO THE TRUE POINT OF BEGINNING. PARCEL 0: THAT PORTION OF SECTION 21,TOWNSHIP 7 SOUTH,RANGE 2 WEST,SAN BERNARDINO BASE AND MERIDIAN,IN THE CITY OF TEMECULA,COUNTY OF RIVERSIDE,STATE OF CALIFORNIA,ACCORDING TO THE OFFICIAL PLAT THEREOF,DESCRIBED AS FOLLOWS; BEGINNING AT A POINT IN THE WEST LINE OF SAID SECTION 21 DISTANT SOUTH 0°34'31"WEST 145.18 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 21;THENCE CONTINUING ALONG SAID WEST SECTION LINE SOUTH 04 34'31"WEST 1174.62 FEET;THENCE CONTINUING ALONG SAID WEST SECTION LINE SOUTH 0'33'47"WEST 2350.04 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 1600.00 FEET,A RADIAL LINE BEARS NORTH 89" 26'13"WEST;THENCE NORTHEASTERLY 1052,56 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37'41'32";THENCE NORTH 38"15'19"EAST 663.55 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 1600.00 FEET;THENCE NORTHEASTERLY 1052.03 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37°40,23"; THENCE NORTH 0°34'56"EAST 351,16 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 2000.00 FEET;THENCE NORTHERLY 102.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2"55'21";THENCE SOUTH 87"37'47"WEST 235:41 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 3000.00 FEET;THENCE WESTERLY 175.64 FEET THROUGH A CENTRAL ANGLE OF 3°12'16";THENCE NORTH 0' V47"EAST 629,08 FEET;THENCE SOUTH 88°34'20"WEST 660.55 FEET TO THE POINT OF BEGINNING. PARCELS A,B,C AND D ARE NOW DESCRIBED AS: LOTS 1,3.4.5,6,H AND K OF TRACT NO.29353-2,FILED SEPTEMBER 28,2003 IN BOOK 342,PAGE 73 OF MAPS,IN THE OFFICE OF THE RECORDER OF THE COUNTY OF RIVERSIDE,CALIFORNIA. 11086-0097\1902902v4.doc 2-22-2016 15 EXHIBIT C RVR PROPERTY Real Property in the City of Tula, County of Riverside, State of Califarui _ described as follows: PARCEL A: LOTS 7 THROTJGH 11 AND LETTERED LOTS "L" "J"AND"L"OF TRACT 29353-2,I THE CITY OF TEIVIECUL., COUNTY OF M-TRSIDE, STATE OF CALIFORNLA, AS PER PLAT RECORDED IN BOOK.34.2 OF NLAPS-PAGE(S)73 THROUGH 85_INCLUSR E, RECORDS OF SAKI) COUNTY- PARCEL B: LOTS 1 T ROUGH 15 AND LETTER LOT "A"OF TRACT 29353,IN THE CITY OF TEMEC"ULA_ COUNTY OF R-1 ERSIDE, STATE OF C.4 LIFORIVIA,AS PER NLAP RECORDED IN BOOK 401 OF I�LA-PS PACES 89 THROUGH 96 LVCLL7Sn'Ee RECORDS OF SAID COUNTY. APNs: 964-180-W4-6 (Affects Lot 7 of Parcel A) 964-180 C5-7 (Affects Lot 8 of Parcel A) 96 180-M7-9 (Affects Lot 10 of Parcel A.) 964-180S-0 (Affects Lot 11 ofParcel.k) 9M-18M17-8 (Affects Lot 1 of Parcel B) 964-18001 8-9 (Affects Lot 2 of Parcel B) 964-180019-0 (Affects Lot 3 of Parcel B) 964-180-020-0 (Aff'ec.ts Lots#of Parcel B) 964-180-021-1 (Aff€xts Lot 5 of Parcel B) 964-180-022-2 (.Aff'e~cts Lot 6 of Parcel B) 964-180-023-3 (Affects Lot 7 of Parcel B) 964-180-0244 (Affects Lot 8 of Parcel B) 964-180-025-5 (Affects Lot 9 of Parcel B) 964-1800226-6 (Affects Lot 10 of Parcel B) 964-180-027-7 (Affects Lot 11 of Parcel B) 964-180-028-8 (Affects Lot 12 of Parcel B) 964-180029-9 (Affects Lot 13 of Parcel B) 964-180-030-9 (Affects Lot 14 of Parcel B) 964-180031-0 (Affects Lot 15 of Parcel B) 964-180-033-2 (Affects Lot 9 of Parcel A) 964-180034-3 (Affects Lot J of Parcel A) 964-180036-5 (Affects Lot L of Parcel A) 964-180037-6 (Affects Lot I of Parcel A) 964-18M32-1 (Affects Lot A of Parcel B) 11086-0097\1902902v4.doc 2-22-2016 16 EXHIBIT D NEW ATTACHMENT 5-A TO DEVELOPMENT AGREEMENT PHASE II IMPROVEMENTS AND SCHEDULE 1. Butterfield Stage Road Phase 3 A. Description of Public Improvement. Acquire all right-of-way, complete engineering design, and construct Butterfield Stage Road Phase 3 to the intersection with Rancho California Road. Construction will include intersection and traffic signal improvements at Butterfield Stage Road and Rancho California Road and landscaping of the center medians of Butterfield Stage Road Phase 1, Phase 2 and Phase 3 improvements. When appropriate warrants are met, Owners of Phase II shall contribute a fair share contribution towards the installation of a traffic signal at Butterfield Stage Road at La Serena Way and related intersection improvements as provided in Section 2.2.6, Phasing of Road Improvements, of the Roripaugh Ranch Specific Plan, and more specifically, Table 2-3 and Paragraph 4 on page 2-22 of the Specific Plan. B. Building Permit Release Schedule. Complete Butterfield Stage Road Phase 3 improvements prior to issuance of 1st building permit in Roripaugh Ranch Phase II, excluding the installation of center median landscaping for Butterfield Stage Road, Phase 1, Phase 2, and Phase 3. Complete center median landscaping improvements for Butterfield Stage Road Phase 1, Phase 2, and Phase 3 prior to the issuance of the 500th building permit in Roripaugh Ranch Phase 11. C. Responsibility. The City shall construct the Butterfield Stage Road Phase 3 improvements using Remaining CFD funds, excluding the installation of landscaping for Butterfield Stage Road, Phase 1, Phase 2, and Phase 3. Landscaping improvements for Butterfield Stage Road Phase 1, Phase 2, and Phase 3 shall be constructed by the Owners of Phase 11 Property. (As used in this Attachment 5-A, the term "Remaining CFD funds" shall mean available bond proceeds from duly authorized community facility district bonds issued by the City and secured by a special tax on the Project Site or the Phase II Properties, or both, pursuant to Section 3.1.3.5.) 2. Traffic Signal, Road, and Intersection Acquisition Fee A. Description of Public Improvement. Establish an on and offsite traffic signal, road and intersection acquisition fee. The fee amount will be determined by the City based on cost estimates provided by the Owners of Phase 11 Property and fees will be collected by the City at the time of building permit issuance. The City will determine when the improvements are required to be installed. The Constructing Party will be 11086-0097\1902902v4.doc 2-22-2016 17 reimbursed upon acceptance of the completed improvements by the City. Owners of Phase II Property shall be responsible to cover the cost of any shortfall. The on and offsite traffic signals, roads, and intersections to which the Acquisition Fee will be applied are: • Butterfield Stage Road and Murrieta Hot Springs Road • Butterfield Stage Road and Nicolas Road • Butterfield Stage Road and Calle Chapos • Nicolas Road at Winchester Road B. Building Permit Release Schedule. The Owners of Phase II shall provide cost estimates and fee basis to the Director of Public Works for approval prior to issuance of 1 st building permit in Roripaugh Ranch Phase 11. The City shall collect the approved fee amount at issuance of each Building Permit in Roripaugh Ranch Phase 11 starting with the 1st building permit. The ultimate signal modifications and associated improvements at the Nicolas Road and Winchester Road intersection shall be operational prior to the issuance of the 26th building permit in Roripaugh Ranch Phase II. The timing of the installation for the remaining traffic signals and intersection improvements shall be as determined by the City Director of Public Works, and shall not be an unreasonable time-schedule. The Constructing Party will be reimbursed upon acceptance of the completed improvements by the City. Owners of Phase II Property shall be responsible to cover the cost of any shortfa117 C. Responsibility. Owners of Phase 11 Property. Shortfall costs to be allocated as noted in item #18 herein below. 3. Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection A. Description of Public Improvement. Complete engineering design and construct full Nicolas Road improvements from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection. The City will use the Remaining CFD funds, after the funding of Butterfield Stage Road Phase 3, to construct the improvements from the approved plan as a City-sponsored project. Owners of Phase II Property shall be responsible to cover the cost of any shortfall. Owners of Phase II Property shall be required, on behalf of the City, to provide for all required engineering design, construction plans, CEQA analysis & processing, environmental mitigation measures, right-of-way acquisition, and to obtain all necessary Resource Agency and Riverside County Flood 11086-0097\1902902v4.doc 2-22-2016 18 Control and Water Conservation District permits. Costs of design, mitigation, project management and construction will be eligible for reimbursement from the CFD funds, with priority to the costs of construction. Costs of right-of-way acquisition will be eligible for reimbursement from the CFD funds upon completion of the required acquisition. The approved plan shall include all utility, drainage, flood control, bridge, and intersection improvements necessary for the roadway connection. Resource Agency permits for the offsite portion of Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection were not obtained with the Resource Agency permits for Roripaugh Ranch Phase II. Due to Resource Agency regulations, the offsite portion of Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection should be combined with the permits for the Santa Gertrudis Creek Channel improvements downstream of the existing culverts at Butterfield Stage Road and processed and obtained as a single package. Upon review of final design plans and estimates by the City, the City shall determine a security amount corresponding to the then current engineering cost estimates plus design, mitigation and right-of-way acquisition costs, costs of construction and contingencies for both the Nicolas Road Improvements as described in this Section and the Santa Gertrudis Creek Channel Improvements described in Section 4 of this Attachment 5-A associated with the Nicolas Road crossing. Owners of Phase II Property shall post a letter of credit with the City, in a form reasonably acceptable to the City Attorney, in the amount of the security amount. The City shall release the letter of Credit upon the occurrence of one of the following events: (1) Completion of the construction of both the Nicolas Road Improvements as described in this Section and the Santa Gertrudis Creek Channel Improvements described in Section 4 of this Attachment 5-A associated with the Nicolas Road crossing as required by this Agreement to the satisfaction of the Director of Public Works; or(2) additional proceeds from new CFD bonds are approved and available so that the remaining CFD funds are sufficient to complete both the Nicolas Road Improvements as described in this Section and the Santa Gertrudis Creek Channel Improvements described in Section 4 of this Attachment 5-A associated with the Nicolas Road crossing. After determination of the security amount, any remaining CFD funds in excess of the security amount may then be applied to Santa Gertrudis Creek and Long Valley Wash channel improvements. B. Building Permit Release Schedule. 1. Offsite Segment(Calle Girasol/Nicolas Road Connection to Phase II Boundary). The Owners of Phase 11 Property shall submit 11086-0097\1902902v4.doc 2-22-2016 19 complete engineering design plans, including initial application for Resource Agency permits and RCFC&WCD approvals, for approval by the City Director of Public Works prior to issuance of the 1st building permit in Roripaugh Ranch Phase II. 2. The Owners of Phase II Property shall make good faith efforts to acquire any required regulatory agency permits/approvals on behalf of the City, together with the Santa Gertrudis Creek Channel Improvements downstream of the existing culverts at Butterfield Stage Road regulatory agency permits/approvals as a package, to allow for start of the City-sponsored project prior to issuance of the 2001h building permit for the Phase 11 Property. If, however, the Owners of Phase II Property are unsuccessful in obtaining the required regulatory agency permits/approvals within a reasonable timeframe to allow orderly development of Roripaugh Ranch Phase 11, the Owners of Phase II Property may petition the Director of Public Works to allow issuance of additional sequential phases of 100 building permits, up to a total 522 building permits prior to obtaining the required regulatory agency permits/approvals. After 50 of each additional phase of 100 building permits have been issued, the Director of Public Works shall determine, using ordinary and reasonable criteria, if sufficient progress has been made in obtaining the regulatory agency approvals for the City to issue the next additional phase of building permits. 3. City shall construct Nicolas Road from the western Project boundary to Calle Girasol Owners of Phase II Property shall construct Nicolas Road Improvements from Butterfield Stage Road to western Project boundaries as described in this Section with the Park-n-Ride/Equestrian Staging Area, which is required to be constructed prior to the 1st building permit for Roripaugh Ranch Phase 11. Owners of the Phase 11 Property shall construct a barricade and turn-around acceptable to the Fire Department on Nicolas Road at the boundary of the Phase II Property to remain in place until full Nicolas Road improvements are made from Calle Girasol to the western project boundary and Butterfield Stage Road. C. Responsibility. City, Owners of Phase II Property. Shortfall costs to be allocated between Owners of Phase II Property as noted in item #18 herein below. 11086-0097\1902902v4.doc 2-22-2016 20 4. Santa Gertrudis Creek Channel Improvements A. Description of Public Improvement. Construct the improvements upstream and downstream of the existing culverts at Butterfield Stage Road from the plans approved by the Riverside County Flood Control and Water Conservation District(RCFC&WCD). Both upstream and downstream improvements must be constructed concurrently. Remaining CFD funds, after the funding of Butterfield Stage Road Phase 3, above the security amount determined by the City for Nicolas Road/Calle Girasol improvements may be applied to Santa Gertrudis Creek channel improvements. Permanent maintenance of the Santa Gertrudis Creek Channel Improvements shall be the responsibility of the RCFC&WCD. City of Temecula, as the underlying property owner, will cooperate to remove the existing Restrictive Covenant on the land, and to grant fee ownership to the RCFC&WCD for permanent maintenance. Resource Agency permits for the Santa Gertrudis Creek Channel Improvements downstream of the existing culverts at Butterfield Stage Road were not obtained with the Resource Agency permits for Roripaugh Ranch Phase II, and the improvements are off site. Due to Resource Agency regulations, the Santa Gertrudis Creek Channel Improvements permits downstream of the existing culverts at Butterfield Stage Road should be combined with the permits for Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection and processed and obtained as a single package. B. Building Permit Release Schedule. 1. Owners of Phase II Property shall submit complete engineering design plans, including initial application for Resource Agency permits and RCFC&WCD approvals, for approval by the City Director of Public Works prior to issuance of the 1st building permit in Roripaugh Ranch Phase II. 2. Owners of Phase II Property shall make good faith efforts to acquire any required regulatory agency permits/approvals, together with the Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection regulatory agency permits/approvals as a package, prior to issuance of the 200th building permit within the Roripaugh Ranch Phase II. If, however, Owners of Phase II Property is unsuccessful in obtaining the required regulatory agency permits/approvals within a reasonable timeframe to allow orderly development of the Roripaugh Ranch Phase II property, Owners of Phase II Property 11086-0097\1902902v4.doc 2-22-2016 21 may petition the Director of Public Works to allow issuance of additional sequential phases of 100 building permits for the Roripaugh Ranch Phase II property, up to a total of 522 building permits within the Roripaugh Ranch Phase II property prior to obtaining the required regulatory agency permits/approvals. After 50 of each additional phase of 100 building permits have been issued, the Director of Public Works shall determine, using ordinary and reasonable criteria, if sufficient progress has been made in obtaining the regulatory agency approvals for the City to issue the next additional phase of building permits for the Roripaugh Ranch Phase II property. C. Responsibility. Owners of Phase 11 Property, with costs allocated as noted in item #18 herein below. 5. Long Valley Wash Channel Improvements A. Description of Public Improvement. Construct the Long Valley Wash Channel Improvements from the plans approved by RCFC&WCD and/or City of Temecula. Construction shall include the bridge abutments for the Pedestrian Bridge. Remaining CFD funds above the security amount determined by the City for Nicolas Road/Calle Girasol and Santa Gertrudis Creek Channel improvements may be applied to Long Valley Wash Channel Improvements. Permanent maintenance of the Long Valley Wash Channel Improvements shall be the responsibility of the Roripaugh Ranch Phase II HOA, or other maintenance entity reasonably approved by the City of Temecula. As used in this Attachment 5A, "Roripaugh Ranch Phase II HOA," shall mean a homeowners association duly incorporated under the laws of the State of California for the purposes, among others, of maintaining the various public and private improvements as provided in the Development Agreement and funding such maintenance obligations. There shall only be one HOA for Roripaugh Ranch Phase II maintenance obligations in a form reasonably approved by the Director of Community Development and City Attorney, provided, however, that this HOA may provide for special benefit zones to fund maintenance obligations as approved by the Director of Public Works. B. Building Permit Release Schedule. The Owners of Phase II Property shall construct Long Valley Wash Channel Improvements prior to issuance of the 1st building permit in a Planning Area draining into the channel (i.e., Planning Areas 17 through 31). 11086-0097\1902902v4.doc 2-22-2016 22 C. Responsibility. Owners of Phase 11 Property, with costs allocated as noted in item #18 herein below. 6. Water Quality Improvement Plan (WQMP) A. Description of Public Improvement. As needed, each Owner of Phase II Property shall submit a WQMP Amendment covering its ownership to the San Diego Regional Water Quality Control Board (SDRWQCB) and City for review and comment. The WQMP Amendments shall address both construction and occupancy of the project. The amended WQMPs shall be implemented to the satisfaction of the City Public Works Department. B. Building Permit Release Schedule. Owners of Phase II Property shall each submit WQMP Amendments covering their respective ownerships to the SDRWQCB and City for review and comment prior to any additional approval of plans, issuance of permits, and/or grading of each Party's site. C. Responsibility. Owners of Phase 11 Property, individually by Planning Area. 7. Remaining Public Improvements & Landscaping—Major Roadways A. Description of Public Improvement. The Owners of Phase 2 Property shall complete the public improvements, including sidewalks, parkway landscaping, raised landscaped median landscaping, perimeter walls and street lighting, along the frontage of major roadways adjacent to each Planning Area in their respective ownerships, to the satisfaction of the Public Works Director. This requirement will pertain to the following major roadways: • Murrieta Hot Springs Road • Butterfield Stage Road • Roripaugh Valley Road ("A" Street) • Fiesta Ranch Road ("B" Street) • Nicolas Road • North Loop Road • South Loop Road In the event that sidewalks along the above streets are not continuous, the Owners of Phase II Property shall provide an all-weather pedestrian path of travel to ensure continuous pedestrian circulation. B. Building Permit Release Schedule. The Owners of Phase II Property shall each complete the public improvements and landscaping including sidewalk, parkway landscaping, raised landscaped median landscaping, perimeter walls and street lighting, adjacent to their frontage on major roadways, to the satisfaction of the Public Works Director, prior to the 11086-0097\1902902v4.doc 2-22-2016 23 issuance of the 1st building permit in each adjacent Planning Area and/or Tract Map. C. Responsibility. Owners of Phase II Property, individually by Planning Area. 8. Permanent Maintenance of Parkway Landscaping—Landscape Maintenance Master Plan A. Description of Public Improvement. Although originally intended to be maintained by the TCSD, permanent maintenance of slopes and parkways along the frontage of major roadways in Roripaugh Ranch Phase II shall be the responsibility of the Roripaugh Ranch Phase II HOA. Owners of Phase II Property shall each prepare and submit a Landscape Maintenance Master Plan to the Community Development Director for review and comment covering all public and private open space areas, parks, slopes, parkways, etc., and especially slopes and parkways along their frontage on major roadways in Roripaugh Ranch Phase II, which will not be maintained by individual commercial or residential property owners. The Landscape Maintenance Master Plan(s) shall show the locations of any necessary water meters and electrical meters, together with the permanent maintenance entity for each area. B. Building Permit Release Schedule. Owners of Phase II Property shall each submit a Landscape Maintenance Master Plan for their respective ownerships to the Community Development Director for review and comment prior to the 1st building permit in each Planning Area and/or Tract Map. C. Responsibility. Owners of Phase II Property. 9. North and South Loop Roads— Complete Engineering and Landscape Architectural Design A. Description of Public Improvement. Complete engineering and landscape architectural design as public roadways, with: • narrow roadway pavement widths consistent with current City design criteria; • traffic calming measures including measures to address traffic to/from Sports Park(Planning Area 27), Secondary School (Planning Area 28) and Elementary School (Planning Area 29) such as a traffic round-about on the North Loop Road easterly of Planning Area 29; • water quality measures addressing runoff from the roadway pavement and parkway areas; 11086-0097\1902902v4.doc 2-22-2016 24 • areas with widened parkways, meandering sidewalks or trails, variations in wall locations and type, or other design features intended to create unique character and visual appeal; and • a Phasing Plan for construction of the roads to allow for orderly development of Roripaugh Ranch Phase II. Submit design to the Public Works Director and Community Development Director for approval. B. Building Permit Release Schedule. 1. The Owners of Phase II Property shall complete engineering design of the North and South Loop Roads, and a Phasing Plan for construction of the roads to allow for orderly development, and submit for approval to the Public Works Director and the Fire Marshal prior to the issuance of the 1st building permit in Roripaugh Ranch Phase II. 2. The Owners of Phase II Property shall complete landscape architectural design of the North and South Loop Roads and submit for approval to the Community Development Director prior to the issuance of the 1st building permit in Roripaugh Ranch Phase II. C. Responsibility. Owners of Phase 11 Property, with costs allocated as noted in item #18 herein below. 10. Sports Park (Planning Area 27)— Complete Design & Construction and Maintenance Agreement A. Description of Public Improvement. Update design of the Sports Park with: • water quality measures addressing runoff from impervious areas and incorporating Low Impact Development(LID)Best Management Practices (BMPs), in accordance with the amended W QMP; • unnecessary turf areas converted to drought tolerant plant materials; • fescue turf soccer fields converted to synthetic turf, • design of tot lot and playground updated to the latest Consumer Product Safety Commission (CPSC) standards; • proposed site lighting converted to more efficient LED lighting; • pre-wiring for security cameras for each major use area (parking lot, ball fields, restrooms, etc.) and provision of Closed-Circuit Television (CCTV) system; and 11086-0097\1902902v4.doc 2-22-2016 25 • approval of the sports field lighting design by the Community Services Director, and, if required, the Riverside County Airport Land Use Authority, with the intent of minimizing the impacts of lighting on the surrounding community, • connection to the multi-use trails in Long Valley Wash and potential connection to the Park-n-Ride, Equestrian, and Trailhead facility in Planning Area 33B, • conversion of the proposed ball field to a 90' infield/325' outfield. Owners of Phase II Property shall submit design to the Community Services Director and Public Works Director for approval. B. Building Permit Release Schedule. 1. Prior to the issuance of the 1st building permit in Roripaugh Ranch Phase 11, the Owners of Phase II Property shall update the Sports Park design, and submit plans for approval to the Community Services and Public Works Directors. 2. The Owners of Phase II Property shall construct the Sports Park and the City shall accept the park, prior to issuance of the 1200' building permit in Roripaugh Ranch, that number including Roripaugh Ranch Phase I. C. Responsibility. Owners of Phase 11 Property, with costs allocated on the basis of the City of Temecula's typical parks fee methodology. 11. Private Recreation Center (Planning Area 30)—Use Analysis, Design Development, and Construction and Maintenance Agreement A. Description of Public Improvement. Perform a recreational use analysis to guide design development of the Private Recreation Center, optimum location within Roripaugh Ranch Phase II, and to form the basis for fair share construction and maintenance fiscal contribution decisions by the Owners of Phase II Property. Perform design development based on the recreational use analysis and submit to the Community Development Director for approval. Design development drawings and documents must be sufficient to understand recreational uses, conceptual architecture, construction costs and maintenance/operational costs. Permanent maintenance of the Private Recreation Center shall be the responsibility of the Roripaugh Ranch Phase II HOA. B. Building Permit Release Schedule. RVR and/or Wingsweep shall perform a recreational use analysis, design development, and submit to the Community Development Director for approval prior to the 1st building 11086-0097\1902902v4.doc 2-22-2016 26 permit in Roripaugh Ranch Phase 11. Prior to the issuance of the 300th the schedule for completion of construction of the Private Recreation Center shall be approved by the Director of Community Development. C. C. Responsibility. Owners of Phase 11 Property, with costs allocated as noted in item #18 herein below. 12. Pedestrian Bridge over Long Valley Wash A. Description of Public Improvement. Construct the Pedestrian Bridge over Long Valley Wash. Bridge abutments to be constructed with Long Valley Wash channel construction. B. Building Permit Release Schedule. RVR shall construct the Pedestrian Bridge prior to issuance of the 75th building permit for Planning Areas 22, 23, and 24. C. Responsibility. RVR, individually. 13. Multi-Use Trail in Planning Areas 19, 20, & 21 —Design Development A. Description of Public Improvement. Perform design development of the 15' wide Multi-Use Trail intended to provide a trail in Planning Area 21 and Planning Area 20 along their southerly boundary, then crossing Long Valley Wash to connect to Planning Area 19 and along its easterly boundary and connecting to properties to the east. Due to changed conditions, trail access into Planning Area 13 has been precluded, crossing of Long Valley Wash may only be accomplished at the easterly Loop Road crossing and introduction of the Wine Country Sewer provides additional opportunity for alternate trail alignment. Design development shall include: • measures to screen onsite and offsite homes from the trail on an "as-needed" basis; • measures to provide for safe crossing at the easterly Loop Road crossing of Long Valley Wash; • consideration of connection to properties to the east at Calle Contento, in the alignment of the Wine Country Sewer, as opposed to an alignment through Planning Area 19 to connect to Planning Area 13; • consideration of any potential connection of the trail alignment through Planning Area 21 and Planning Area 20 to properties to the south or to the west across Butterfield Stage Road, or to the Equestrian and Trailhead Facilities required to be constructed in Planning Area 33B. If safe and reasonably useful connections from Planning Area 21 and Planning Area 20 to such properties or to the Equestrian and Trailhead Facilities cannot be expected, then 11086-0097\1902902v4.doc 2-22-2016 27 alternate alignments, such as trail crossing facilities at Nicolas Road and Butterfield Stage Road, and/or use of the multi-use trails in Long Valley Wash shall be considered in the design development instead; • a Phasing Plan for construction of the multi-use trail in segments to allow for its early construction as well as orderly development of Roripaugh Ranch Phase II Owners of Phase II Property shall submit design development to the Community Development Director for approval. Permanent maintenance of the Multi-Use Trail shall be the responsibility of the Roripaugh Ranch Phase II HOA, or as determined in the Landscape Maintenance Master Plans. B. Building Permit Release Schedule. The Owners of Phase II Property shall perform design development of the Multi-Use Trail and submit to the Community Development Director for approval prior to issuance of the 1st building permit in Roripaugh Ranch Phase 11. The Multi-Use Trail may be constructed in phases, in accordance with the approved Design. In each Planning Area, the Multi-Use Trail shall be constructed prior to issuance of the 1st building permit(excluding Model Home permits)in the Planning Area. C. Responsibility. Costs allocated in the future based on Planning Area ownership (i.e. trail costs within each Planning Area will be borne by the owner of that Planning Area). 14. Park-n-Ride, Equestrian Facilities, Trailhead in Planning Area 33B A. Description of Public Improvement. Complete design and construct the Park-n-Ride, Equestrian Facilities and Trailhead Facilities, in accordance with the approved Multi-Use Trail design development and the requirements of the City. Permanent maintenance of and providing utilities for the Park-n-Ride, Equestrian Facilities, and Trailhead in Planning Area 33B shall be the responsibility of the Roripaugh Ranch Phase II HOA, or as determined in the Landscape Maintenance Master Plans. Maintenance of the sites for Park-n-Ride, Equestrian Facilities and Trailhead Facilities and the facilities during construction shall be the responsibility of the Owners of Phase II. B. Building Permit Release Schedule. The Owners of Phase II Property shall complete design and construct the Park-n-Ride, Equestrian Facilities and Trailhead Facilities in accordance with the approved Multi-Use Trail 11086-0097\1902902v4.doc 2-22-2016 28 design development and the requirements of the City, prior to issuance of the 1st building permit in Planning Areas 10, 12, 14 thru 23, 31 and 33A. Prior to issuance of the 1st building permit in Planning Areas 10, 12, 14 thru 23, 31 and 33A, the Owners of Phase 11 Property shall also complete the design and construction of the portion of Nicolas Road from Butterfield Stage Road to the MWD easement, including necessary temporary turn-around geometrics to the satisfaction of the Director of Public Works. The design and construction of this portion of Nicolas Road must be coordinated and consistent with the engineering design and construction of Nicolas Road (Item #3 of this Attachment 5-A). C. Responsibility. Owners of Phase 11 Property, with costs allocated as noted in item #18 herein below. 15. Fire Protection Plans A. Description of Public Improvement. Submit plans for structural protection from vegetation fires to the City of Temecula Fire Department. B. Building Permit Release Schedule. Owners of Phase II Property shall each submit a Fire Protection Plan for their respective areas for approval by the City of Temecula Fire Department prior to the approval of the Tentative Tract/Parcel Map in each of their respective ownerships. C. Responsibility. Owners of Phase 11 Property, individually by Planning Area. 16. Roripaugh Valley Road ("A" Street)— Complete Improvements A. Description of Public Improvement. Complete construction of Roripaugh Valley Road Improvements from Murrieta Hot Springs Road to Butterfield Stage Road. Roripaugh Valley Road from Murrieta Hot Springs Road to the access for the Neighborhood Park(Planning Area 6) shall be installed prior to the acceptance of the Neighborhood Park by the City. B. Building Permit Release Schedule. If not already completed with the construction of the Neighborhood Park(Planning Area 6), Owners of Phase 11 Property shall complete the Roripaugh Valley Road Improvements prior to the issuance of the 1st building permit in Planning Area 11. C. Responsibility. Owners of Phase 11 Property, with costs allocated as noted in item #18 herein below. 11086-0097\1902902v4.doc 2-22-2016 29 17. Fiesta Ranch Road (`B" Street) Improvements —Complete Improvements A. Description of Public Improvement. Complete construction of Fiesta Ranch Road Improvements from Nicolas Road to Roripaugh Valley Road. B. Building Permit Release Schedule. The Owners of Phase II Property shall complete the Fiesta Ranch Road Improvements prior to issuance of the 1st building permit in Planning Area 12. C. Responsibility. Owners of Phase 11 Property, with costs allocated as noted in item #18 herein below. 18. On-site and Off-site infrastructure improvements and facilities— Proportional Cost Sharing. A. Description of Public Improvement. Owners of Phase 11 Property shall share the costs to complete the design, planning, government agency permit approvals, construction and implementation of all of the On-site and Off-site infrastructure improvements and facilities per the items above on a proportional basis. B. Building Permit Release Schedule. Not Applicable. C. Responsibility. As costs are incurred, The Owners of Phase II Property shall each pay their agreed upon proportional share of said approved costs. RVR's proportionate share shall be ninety percent(90%). Wingsweep's proportionate share shall be ten percent(10%). 11086-0097\1902902v4.doc 2-22-2016 30 Item No . 6 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Assistant City Manager DATE: March 22, 2016 SUBJECT: Approve the Sponsorship and Economic Development Funding Agreement with the Temecula Valley Balloon and Wine Festival Association for the "Temecula Valley Balloon & Wine Festival" Event to be Held on May 20 —22, 2016 PREPARED BY: Christine Damko, Economic Development Analyst RECOMMENDATION: That the City Council approve the Sponsorship and Economic Development Funding Agreement with the Temecula Valley Balloon and Wine Festival Association for $30,000, in-kind promotional services and the use of the Conference Center for a day to train volunteers valued at $3,865, and the use of traffic control devices valued at $3,200, for the 2016 Temecula Valley Balloon & Wine Festival to be held on May 20 —22, 2016. BACKGROUND: The Temecula Valley Balloon and Wine Festival continues to be a popular signature event, attracting thousands of residents and visitors of all ages. The Economic Development Committee of the City Council (Mayor Pro Tem Edwards and Council Member Comerchero) met on April 7, 2015 to review the budget on this special event and recommended continued support, as this event increases local spending and generates overnight stays. No commissions, consultant fees and/or salaries will be paid to any party from the City of Temecula's sponsorship funding. The City will be listed as the event's Premier sponsor. The Temecula Valley Balloon and Wine Festival is held annually at Lake Skinner Recreation Area. The event features morning balloon launches, evening balloon glows, wine tasting from more than 20 wineries, wine competition, food and wine pairing, and music concerts. There is also a giant arts and craft faire, kids faire, and fine art paintings on exhibit within the wine gardens. The Festival's marketing program will include: media kits, press releases and photos; commercials and promotions on radio stations reaching Riverside, Orange, Los Angeles and San Diego Counties; local cable television advertisements; collateral materials; and an aggressive publicity campaign targeting these same areas using newpapers and major magazines. In addition, the Festival maintains a website, as well as capitolizing on social media and social networking using Facebook, Twitter and a blog site that carries event information and entertainment schedules. It is expected that this special event will draw over 35,000 visitors/residents, increase local spending, generate overnight stays in local hotels and significantly add to the cultural appeal and attraction to the City of Temecula as a destination. The Festival Association has also requested use of the Conference Center to train volunteers that will be working the event. The City Council has delgated the ability to waive the collection of fee's for nonprofit events to the City Manager. FISCAL IMPACT: Adequate funds for the $30,000 sponsorship for the 2016 Temecula Valley Balloon & Wine Festival have been included in the Fiscal Year 2015-16 Economic Development operating budget. There is no fiscal impact associated with the promotional support and use of the traffic control devices. The promotional services are valued at $3,865 and rental of similar traffic control devices would be valued at $3,200. ATTACHMENTS: Agreement SPONSORSHIP AND COMMUNITY SUPPORT FUNDING AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE TEMECULA VALLEY BALLOON & WINE FESTIVAL ASSOCIATION THIS AGREEMENT is made and effective as of this 22ND day of March, 2016, and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and The Temecula Valley Balloon and Wine Festival Association, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall operate the Temecula Valley Balloon and Wine Festival (hereinafter referred to as the "Event") on May 20, 21 & 22, 2016. The Event is a special event which is located at Lake Skinner. b. The Temecula Valley Balloon and Wine Festival is held annually at Lake Skinner Recreation Area in the Southern California Temecula Valley. The event features morning balloon launches, evening balloon glows, wine tasting from more than 20 wineries, wine competition, food and wine pairing, beer tasting from local brewers, food and beer pairing, concerts featuring country on Friday, Rock, Pop and Alternative local bands on Saturday, and Country and local Rock Bands on Sunday. The event will also include giant arts and craft faire, kit's faire and fine art paintings on exhibit with the wine gardens. C. Alcohol "will" be served. d. The City desires to be a Premier Sponsor" of the Event by providing Economic Development Funding and City Support Services. 2. TERM This Agreement shall commence on March 22, 2016, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2016, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the Nonprofit with in-kind city-support services valued at an amount not to exceed Three Thousand Two Hundred Dollars and 00/100 ($3,200.00), use of the Conference Center for training volunteers valued at an amount not to exceed Seven Hundred Fifty Dollars and 00/100 ($750.00); and in-kind promotional services valued at an amount not to exceed Three Thousand One Hundred Fifteen Dollars and 00/100 ($3,115.00), as listed in Exhibit B, the City of Temecula shall be designated as a Premier Sponsor of the Event. As a Premier Sponsor, the City shall receive sponsor benefits as listed in Exhibit A. b. The City of Temecula shall also provide Economic Development Funding in the amount of Thirty Thousand Dollars and 00/100 ($30,000.00) cash which will be allocated to pay for the Temecula Valley Balloon and Wine Festival. G. The Nonprofit is requested to partner with the Temecula Valley Convention & Visitors Bureau ("TVCVB") to help promote the Event. The City of Temecula contracts with the TVCVB to generate Visitor-Related Economic Impact for the City of Temecula. This will include but not be limited to over-night room bookings, dining and shopping within the City of Temecula. Any media visits coordinated by the Nonprofit shall include an invitation to visit all Temecula entities (i.e. Old Town, wineries, golf). Secondly, the Nonprofit shall include in its basic press kit a press release provided by the TVCVB which focuses on the attractions of Temecula, including Old Town, golf, wineries, etc. This informational piece shall be provided to all media working with the Nonprofit or its representatives on festival-related stories. d. The Nonprofit shall support economies of the City of Temecula by promoting and utilizing local businesses (e.g. local food vendors, restaurants, wineries, crafters, etc.) first when competitive and practicable. e. Within 30 days of the effective date of this Agreement, Nonprofit shall submit a timeline showing the milestone dates that each Nonprofit marketing activity, including, but not limited to, public relations and media schedules, marketing measures and other promotional activities, will occur. The purpose of this provision is to ensure that the Nonprofit makes a good faith effort to maximize attendance at the Temecula Valley Balloon and Wine Festival. 4. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and submit to the Assistant City Manager a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Premier Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event must be included in such a written report. 5. Bi- ANNUAL FINANCIAL AUDIT TVBWFA shall provide a copy of the financial audit by an independent certified public accountant of the Temecula Valley Balloon and Wine Festival. This audit shall be conducted on an every other year basis. The Temecula Valley Balloon and Wine Festival Association submitted an audit March 2015 for the 2014 event, therefore, is not required to submit an audit for the 2015 Festival. 6. MEETING ATTENDANCE City Public Safety Staff shall attend all TVBWF pre-event planning meetings and event recap meetings if warranted. 7. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 8. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by April 15, 2016, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Recipient owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Liquor Liability for bodily injury, personal injury and property damages. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: Two million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Liquor Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Nonprofit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self- insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Nonprofit shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 9. GOVERNING LAW The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 10. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 11. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 12. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: City of Temecula Attn: Assistant City Manager 41000 Main Street Temecula, CA 92590 To Recipient: The Temecula Valley Balloon &Wine Festival Association 41755 Rider Way, Unit 1 Temecula, CA 92593 92590 a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 13. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 14. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non-substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non-monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA The Temecula Valley Balloon & Wine Festival Association (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Andrea Jacobson, Executive Director ATTEST: By: By: Randi Johl, City Clerk Scott Soares, Chairman APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney NONPROFIT The Temecula Valley Balloon and Wine Festival Association 41755 Rider Way, Unit 1 Temecula, CA 92590 (951) 676-6713 PM InitiaC Date: EXHIBIT "A" G�) L A p Ilk. w a I / on Wme FESTIVAL 2016 Premier Sponsor $30,000 June 2016 (Only one Premier Sponsorship available) 1 . Identification as Premier Sponsor in all Festival materials 2. Full page, color ad in Festival program 3. Inclusion of logo in all Festival print advertising 4. Announcements in all Festival paid radio and newspaper advertising 5. Sponsor representative interviewed on projected radio remote broadcast 6. Right to use Festival logo on Premier Sponsor's materials (with Festival advance approval) 7. Four signs or banners on-site at event (Sponsor to provide) 8. Separate display tent in high-traffic area 9. Access to VIP Hospitality Tent for twenty guests 10. Linking of Premier sponsor's web site to Festival site 11 . Recognized in Festival newsletter 12. Recognized in at least ten Festival news releases to general media 13. Sponsor's name in Festival brochure 14. Sixty adult Festival tickets 15. Thirty parking passes 16. Invitation to Sponsor Appreciation Dinner for twelve people 17. Thirty sets of Official Festival souvenir merchandise EXHIBIT "B" The City of Temecula shall provide Economic Development Funding in the amount of Thirty Thousand Dollars and 00/100 ($30,000.00) to the Balloon & Wine Festival Association. IN-KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS In no event shall the Public Works City-Support Costs exceed $3,200. ESTIMATED VALUE OF PROMOTIONAL SERVICES PROVIDED BY THE CITY OF TEMECULA The estimated value for in-kind promotional assistance provided by the City of Temecula for the Temecula Valley Balloon and Wine Festival is as follows: Auto Mall Marquee $3,115 Conference Center $750 TOTAL: 3 865 Item No . 7 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Director of Community Development DATE: March 22, 2016 SUBJECT: Approve an Agreement for Consulting Services with Environmental Science Associates for an Environmental Impact Report for the Proposed Cypress Ridge Development PREPARED BY: Lynn Kelly-Lehner, Senior Management Analyst RECOMMENDATION: That the City Council approve an Agreement with Environmental Science Associates, in the amount of $152,850, for the Preparation of an Environmental Impact Report for the Proposed Cypress Ridge Development. BACKGROUND: The City is currently processing a Development Plan to allow for the construction of a 245 unit multi-family development, generally located on the northeast corner of Pechanga Parkway and Loma Linda Road. To complete the necessary environmental review for the proposed Cypress Ridge Development, as required by the California Environmental Quality Act (CEQA), ESA will analyze and address impacts to the following environmental factors: • Air Quality • Biological Resources and MSHCP Consistency • Greenhouse Gas Emissions • Cultural Resources • Noise • Traffic and Circulation FISCAL IMPACT: There is no fiscal impact to the City. Sufficient funds have been deposited by the applicant to cover the costs of the EIR. ATTACHMENTS: Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND ENVIRONMENTAL SCIENCE ASSOCIATES ENVIRONMENTAL IMPACT REPORT FOR PROPOSED CYPRESS RIDGE DEVELOPMENT THIS AGREEMENT is made and effective as of March 22, 2016, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Environmental Science Associates, a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on March 22, 2016, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2017, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed one hundred fifty two thousand eight hundred fifty dollars ($152,850) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Environmental Science Associates Attn: Jack Gorzeman 550 West C Street Suite 750 San Diego, CA 92101 619.719.4200 14. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub-contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub-contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non-substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non-monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA ENVIRONMENTAL SCIENCE ASSOCIATES (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Bobbette Biddulph, Senior Vice President ATTEST: By: By: Randi Johl, City Clerk Eric Ruby, Senior Vice President APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Environmental Science Associates Attn: Jack Gorzeman 550 West C Street Suite 750 San Diego, CA 92101 619.719.4200 jgorzeman@esassoc.com PM InitialL Date: EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: Scope of Work This scope of work has been developed based upon discission with City of Temecula staff, available project documents and information,CEQA statute and guidelines,and City of Temecula CEQA guidelines. Task 1 - Project Management/Coordination/Preliminary Environmental Review Project management/coordination and attendance at meetings will occur under this task_ We anticipate approximately 12 hours per month for project management/coordination for the duration of the project_We have also included costs for meeting attendance and conference calls with the city and the project team for the duration of the CEQA process, estimated to take 9 months. Meetings include a neighborhood informational meeting, and Planning Commission and City Council public hearings. This task will include preliminary research and review of the project application materials,preparation of an Initial Study/Notice of Preparation(IS/NOP),and submittal of the IS/NOP to the State Clearinghouse_ Assronptions: • The City will mail all CEQA noticing associated with the IS/NOP except for the State Clearinghouse. • ESA will submit the IS,NOP to the State Clearinghouse. Deliverables: • 1 electronic cop► ofISINOP • For SCH-1 S copies of the NOP, 15 CDs of IS/NOP Task 2 - Draft EIR ESA will prepare an Administrative Draft EIR for review by the City of Temecula and the project team The Administrative Draft EIR will be prepared in accordance with the provisions of Sections 15163 of the CEQA addelines.The following outline summarizes the proposed organization of the Draft EIR: Executive Summary. The executive summary provides a synopsis of the project's potential impacts_ It identifies,in an overview fashion,the proposed project under consideration and its objectives including any design features of the project that would be implemented_ This section also summarizes marizes the proposed project's impacts and mitigation measures and contains a summary analysis of the alternatives to the proposed project. Introduction.The introduction includes the purpose of an EIR and procedural information. Project Description.The project description includes the project background, project location and setting, site characteristics, project objectives and the characteristics of the project. The section also includes a summary of the necessary permits and approvals for the proposed project. Environmental Setting, Impacts, and Mitigation Measures. The existing environmental setting is described and documented for each environmental factor identified in the Initial Study. Information is graphically depicted and described in the separate sections of the document.For each potentially significant issue identified in the NOP..Initial Study,this section of the EIR includes a discussion of the environmental setting, project impacts (distinguished between primary and secondary impacts), cumulative impacts, project design features, level of significance before mitigation, mitigation measures, and the level of significance after mitigation_ The assessment of impacts is consistent with CEQA requirements and utilizes defined thresholds of significance to determine the impacts of the proposed project_ Cumulative Impacts. This section includes a discussion of the past, present, and reasonably foreseeable future projects and activities in the surrounding areas. This section also provides an analysis of the cumulative impacts for each issue area analyzed in the EIR- Alternatives Analysis. This section presents an overview of the alternatives development process and describes and analyzes the alternatives to the proposed project, including the No Project Alternative.Up to three alternatives including the mandatory No Project Alternative will be considered for analysis. Other CEQA Considerations.This section presents an overview of the impacts of the project in the sense that it may foster economic or population growth, or additional housing, either indirectly or directly. This section also provides an analysis of the extent to which the project's primary and secondary effects would conn-tit resources to uses that future generations would probably be unable to reverse. Acronyms, References and List of Preparers. This section provides a list of acronyms used throughout the EIR,the resources referenced in the EIR, and a list of the individuals who contributed to the preparation of the EIR. Subsequent to the City's review of the Administrative Draft EIR, ESA will prepare a Screencheck Draft EIR for final approval,followed by the Draft EIR for public review.We assume that changes will be minimal due to early consultation with the City,and previous review/updates of technical reports submitted as part of the project.ESA will prepare the Notice of Availability(NOA)for the City's use. Assumptions: • The City will distribute the NOA and Draft EIR to the agencies and interested parties. • ESA will submit the Notice of Completion(NOC)and required documents to the State Clearinghouse_ Deliverables: • 3 copies each—Administrative Screencheck and ScreencheckDraft El 1 electronic copy • 5 copies of Final DEDR 1 electronic copy of Final DEIR and NOA, up to 40 CDs of Final DEIR • For SCH—15 copies of Executive Summary; 15 CDs of DEIR,NOC Task 3 — Final EIR / Findings / Mitigation Monitoring Report At the conclusion of the public review period, ESA will work with City to obtain all continents received on the Draft EIR. An Administrative Final EIR containing proposed responses to comments and revisions to the Draft EIR in the form of errata showing changes in underline/strikeout, where required, will be prepared once all comments are received. It is assumed that, if required,the applicant's technical consultants will provide any and all necessary input to the responses to continent letters that may be required. It is difficult to predict public reaction to the Draft SEIR at this time. For the purposes of this proposal, it is assumed that public reaction to the document will be limited to a maximum of 10 comment letters not exceeding an average of four pages per comment letter.In the event that the public comments on the Draft SEIR are greater than expected, ESA will meet with the City to adjust the work program/budget as necessary. An Administrative Final EIR will be submitted to the City for review. Upon incorporation of comments on the Administrative Final EIR,ESA will prepare a Screencheck Final EIR for submittal to the City and project team. ESA assumes that comments on the Screencheck Final EIR will be nummal,due to previous review and consultation with the City and the applicant when comments were received. This scope of work assumes one review cycle for the Screencheck Final EIR_ Subsequent to City review of the Screencheck Final EIR, ESA will prepare the Final EIR that will include the following chapters: Introduction, Errata, and Responses to Conmients. ESA will also prepare the Findings and a Statement of Overriding Considerations, if required. ESA will transmit a Notice of Completion and the required copies of the Final EIR to the State Clearinghouse. ESA will also prepare a Notice of Determination(NOD) for the City to file with the County Clerk. Assumptions: • The City-Mll notify the agencies that commented on the Draft EIR 10 days prior to certifying the EIR, as required under Section 15088(b)of the CEQA Guidelines. • ESA will submit a Notice of Completion of the Final EIR and any required copies to the State Clearinghouse. Deliverables: • 3 copies each—Administrative and Screencheck Final EIR, 1 electronic copy • 20 Copies—Final EIR, 15 CDs • 1 electronic copy—1VOC and NOD ESA will prepare a detailed Mitigation Monitoring and Reporting Program (N ARP) in accordance with Section 15063 of the CEO 4 Guidelines in response to any significant environmental impacts that may be identified as a result of the proposed development. The MMRP will be submitted with the Final EIR for consideration by the decision-makers. Deliverables: • 3 copies each—Administrative and Screencheck Final EIR, 1 electronic copy Task 4 — (optional) Peer Review of Technical Studies by Other Consultants At the request of the City, ESA will review the technical studies prepared by other consultants as part of the project for sufficiency of information to be included in the EIR. ESA's peer review does not include verification of the accuracy of calculations,analysis and conclusions that support the technical studies. Studies to be reviewed may include a preliminary water quality management plan, drainage study, geotechnical study, Phase I environmental site assessment,and sewer and water studies. Assumptions: • This task assumes one review cycle for each study. Deliverables: • A consolidated set of comments Environmental Studies Based on the knowledge of the project,the following specific issues will be evaluated and updated in the EIR: Air Quality The project site is located within the South Coast Air Basin(Basin)under the local jurisdiction of the South Coast Air Quality Management District (SCAQMD). Site preparation and construction activities, as well as project operational characteristics, could generate substantial short-term temporary and long-term operational emissions of criteria air pollutants (such as particulate matter) and ozone precursors. Sensitive receptors in the project vicinity include numerous residences, a community park, a community center (e.g. Boys and Girls Club) and a middle school. Construction, area, and mobile source emissions associated with the project may result in project emissions that exceed SCAQMD's adopted thresholds of significance. These new emissions, added to existing sources of air pollution and cumulative development planned for the area, could contribute to the degraded air quality within the Basin. Tasks • Discuss the local and regional climate, meteorology, and topography as they affect the accumulation or dispersion of pollutants. • Identify federal, state, and local regulatory agencies responsible for air quality management, and briefly summarize pertinent federal, state, and local air quality policies,regulations, and standards as they pertain to the proposed project site. • Summarize current air quality conditions and recent trends in the project area on the basis of the annual air quality monitoring data summaries published by the SCAQMD. • Discuss SCAQMD projections of future air quality trends over the life of the project as presented in the most recent Air Quality Management Plan (AQMP), and the assumptions upon which the projections are based. Identify any policies or goals embodied in the AQMP that would apply to the proposed project site. • Identify specific air-pollutant-sensitive land uses or activities in the vicinity of the project site or along roads providing access to the project site. • Describe the SCAQMD air quality impact significance thresholds for new developments. • Determine, at an appropriate level of detail, the potential for short-term emissions of criteria air pollutants generated by construction activities. Estimate construction-related emissions for all project components using the most recent versions of ARB's OFFROAD and EMFAC air pollutant emissions models as incorporated into the SCAQMD-recommended California Emissions Estimator Model(CalEEMod). • Estimate area-and mobile-source emissions associated with the project based on proposed building sizes and types and the project traffic analysis using the most recent version of CalEEMod. • The construction and operational analysis will include an assessment of the projects possible effect on local air quality, including carbon monoxide, nitrogen dioxide and particulate matter concentrations at nearby sensitive receptors.The analysis will be conducted in accordance with the SCAQMD's localized significance thresholds methodology. • Discuss the potential for air pollutant emissions from development in the project area to adversely affect sensitive land uses or acti-ities,including carbon monoxide hotspots and toxic air contaminants, or to impede attainment of state or federal air quality goals. This assumes a qualitative approach to both topics. • Discuss conformance of the project with AQMP, and determine whether identified air quality impacts would exceed SCAQMD thresholds of significance. • Assess the potential for the proposed project to create objectionable odors that could affect a substantial number of people. • Identify cumulative development in the area and discuss the potential for cumulative development to adversely affect air quality or impede attainment of air quality goals. • Identify practical, feasible, and clear measures to mitigate the adverse impacts of the project on air quality that are identified in the analysis. Greenhouse Gas Emissions ESA will assess the potential climate change impacts in preparation of the Climate Change EIR section. In 2006, California passed the California Global Warming Solutions Act of 2006(Assembly Bill No.32;California Health and Safety Code Division 25.5, Sections 38500, et seq., or AB 32), which requires the ARB to design and implement enussion limits,regulations,and other measures to reduce statewide GHG emissions to 1990 levels by 2020. Senate Bill(SB) 97, signed August 2007, acknowledges that climate change is a prominent environmental issue that requires analysis under CEQA. On April 29, 2015,Govenor Jerry Brown issued an Executive Order to establish a California GHG reduction target of 40 percent below 1990 levels by 2030. The updated CEQA Guidelines include requirements for determining the significance of impacts from GHG emissions. The project will generate GHG emissions during constriction and operations. The GHG analysis for the project will include responses to all questions in the Greenhouse Gas Emissions section of Appendix G of the CEQA Guidelines. Tasks • Summarize the federal, state, regional, and local regulatory environment relative to climate change and generation of GHG emissions_ • Describe the existing setting as it relates to GHG emissions. • Quantify emissions of GHGs, primarily carbon dioxide, methane, and nitrous oxide, resulting from construction and operation of the proposed project using the most recent version of the SCAQMD- recommended CalEEMod; and following the SCAQMD's methodology which includes amortized construction emissions as part of the total project GHG emissions. • Address impacts based on the CEQA Guidelines Appendix G checklist questions pertaining to GHG emissions. • Document conformance with the City's Sustainability Plan,including GHG-reduction measures. • Based oil the recent California Supreme Court decision on Center for Biological Diversity v. California Department of Fish and Wildlife(November 30,2015,Case No.217763),review the Sub-regional Climate Action Plan of the Western Riverside Council of Goverlm iennts. incorporate text to the GHG impact analysis discussing the Supreme Court's decision and how it relates to the significance criteria used to evaluate GHG impacts. research potential GHG emission thresholds and discuss derivations and applicability to the proposed project: and. craft a determination of significance and identify feasible mitigation to address and assess the residual impact should the significance determination be significant. Assumptions: • GHG analysis data sheets will be incorporated in the Appendix of the EIR and the findings detailed in the Greenhouse Gas Emissions and Climate Change section of the EIR_ Noise Noise generated by construction activities and operational noise from the completed project would increase noise levels as a result of an increase in local traffic and operational activities_This analysis will be based on the traffic report and construction equipment mix. Tasks • Briefly describe and discuss existing major noise sources at the project site, particularly the noise from adjacent roadways. Describe the existing noise eni onment on the basis of up to four short-term measurements carried out by ESA staff. • Briefly summarize state and local noise policies, regulations, and standards as they pertain to the proposed Project- • Identify noise-sensitive land uses or activities in the vicinity of the project site, and along roads providing access to the project site,that would be affected by development of the proposed project. • Discuss the potential for on-site construction activities to affect nearby residences and other sensitive receptors. This discussion will be based upon proposed construction activities and scheduling information provided by the applicant. Otherwise, this discussion will be based upon peak noise levels generated by an assumed standard mix of construction equipment and activities. • Using the Federal Highway Administrations Highway Traffic Noise Prediction Model(FHWA-RD-77-108), ESA will calculate existing, future base case (i.e., without the project), future project case (i.e., with the project), roadside noise levels along road segments that would be affected by motor vehicle traffic generated by the project,to determine whether project vehicular traffic would adversely affect adjacent land uses. • Identify cumulative development in the project area (i.e., development that is under formal consideration or has been approved, and discuss the potential for cumulative development to adversely affect noise-sensitive land uses. • Identify practical, feasible and clear measures to mitigate the adverse impacts of the project on noise. Mitigation measures will be developed in consultation with the lead agency and responsible agencies as appropriate. • Develop and discuss measures to mitigate potentially significant noise impacts. Assumptions: • Noise analysis data sheets will be incorporated in the Appendix of the EIR and the findings detailed in the Noise section of the EIR. Biological Assessment / MSHCP Conformance The previous project (Bella Linda) was been reviewed by the Riverside County EPD for compliance with the MSHCP and has an approved Determination of Biologically Superior or Equivalent Preservation (DBESP), Habitat Acquisition and Negotiation Strategy (HANS) and a Regional Conservation Authority Joint Project Review Consistency Determination. It is understood that all future specific development proposals require MSHCP consistency review to ensure compliance with these documents if the development footprints have changed.While the HANS was performed in 2005, the modification of the proposed design may require an update. A revised DBESP and HANS are not included in this scope of work. ESA will use the previously prepared biological documentation and MSHCP consistency findings and other available information sources such as aerial photographs, topographic maps California Department of Fish and Game (CDFG) California Natural Diversity Data Base (CNDDB) and the California Native Plant Society's Electronic Inventory of Rare and Endangered Vascular Plants of California, to document existing biological resources. With this formation as a basis,we will develop a list of threatened and endangered and other sensitive species with potential to occur within, or in habitats adjacent to, the project area. ESA will also obtain official special status species lists for the project area from the U.S. Fish and Wildlife Service. In addition, ESA will review and determine the applicability of biological analyses in other available planning and site-specific biological assessments and EIRs written for the region. Subsequent to the gathering of this background dataset,we will conduct a reconnaissance site visit to confine that conditions have not changed since the last biological resources documentation, and to record any potential changes that may have occurred. From a 2011 site visit,mulefat scrub, a wetlands-associated plant commntunity, was observed along drainages in the northern and southeastern portions of the site. While the previous documentation stated that no jurisdictional waters were present on the site,the presence of mulefat scrub indicates a potential change in the site conditions. Potential jurisdictional waters regulated by the Army Corps of Engineers will also need to be re-evaluated based upon the August 2015 new rule. The Phase I burrowing owl survey will also need to be conducted to determine if suitable burrowing owl habitat is now present onsite. A Phase II survey is not included in this scope of work. If a Phase II survey is needed, a proposal will be prepared subsequent to the completion of the Phase I survey. An updated MSHCP Consistency Determination will be prepared based upon the habitat assessment. Tasks • Update the habitat assessment, including review the above outlined infornnation; conduct a field survey to verify vegetation and wildlife habitat in the project area including the potential onsite occurrence of special- status species,wetlands and other sensitive biological resources,and potential wildlife movement corridors. • Conduct a Jurisdictional Delineation of wetland and non-wetland waters of the US/State and Riparian/Riverine Habitat under the MSHCP. • Perform a Phase I burrowing owl survey and prepare a letter report of the findings. • Update the MSCHP Consistency Determination and submit to the RCA to determine if a new Joint Project Review, DBESP and HANS are required. If required, a proposal will be prepared subsequent to a determination letter by the RCA. • Review the findings of the RCA approvals and convert the findings/requirements into EIR mitigation measures. Traffic and Circulation Fehr and Peers performed the traffic study for the former Bella Linda Project. Significant savings is possible by having Fehr &r Peers prepare the Traffic Impact Analysis (TIA) for the proposed project by reusing counts and forecasting efforts from the Altair Specific Plan EIR currently underway in the City of Temecula (also prepared by Fehr&t Peers as a sub-consultant to ESA) and from the models they have coded from the former Bella Linda TIA. Fehr and Peers would be a sub-consultant to ESA and prepare the TIA.The scope of work is detailed in the attached letter from Fehr&Peers dated September 4,2015. Cultural Resources Assessment ESA prepared a Phase I and Extended Phase I cultural resources assessment as part of the Bella Lunda EIR. The information in these reports is still applicable to the site;however, due to the passing of time, an updated records search through the Easter Information Center and an updated Sacred Lands File would be conducted and the results incorporated in an addendum to the reports. In addition, ESA will incorporate any information and mitigation measures in the EIR that may be negotiated as a result of the required AB 52 coordination to be led by the City. ESA will also address in the EIR a new Appendix G question under the CEQA Guidelines required by AB 52 —"Mould the project cause a substantial adverse change in the significance of a tribal cultural resource as defined in Public Resources Code 21074?" Assumptions: • No additional cultural field investigative work will be required above what has already been performed. • The City will be responsible for implementing AB 52 for the project, including all noticing and negotiation with the Native American tribes. EXHIBIT B Payment Rates and Schedule Schedule We understand that an efficient EIR preparation and processing schedule is required for this project and that certification of the EIR by the City will be the critical path for project scheduling purposes. The Administrative Draft EIR can be completed within six weeks of receipt of the final site plan, all technical studies by other consultants, and completion of the traffic study which is anticipated to take up to 6 weeks from the scoping plan to be approved by the City.A detailed schedule will be developed once a contract for the work identified herein is executed. Cost Estimate The following cost estimate has been prepared to outline estimated costs to complete the above outlined tasks. Reimbursable expenses, including travel+'parking, etc. will be invoiced in accordance with ESA standard rate schedule below(attached). Our services will be billed monthly on a time-and-materials basis. Should the need arise for additional professional services beyond those set forth in the scope of services due to revisions to the project, the regulatory environment, or requirements exceeding our specified budget allowances, ESA will only undertake such additional services upon receipt of authorization by the City of Temecula. COST ESTIMATE—CYPRESS RIDGE EIR TASK COST Task 1—Pro)ect Management!Coordination/Meetings/Heahngs $25,650 Task 2—Draft EIR $32,700 Technical Studies= Air Quality/GHG Assessment $10,900 Noise Assessment $ 5,500 Biological Assessment/JD/MSHCP Report/Ph 1 BUOW survey $16,000 Traffic Report $33,350 Cultural Resources(records update/AB 52) $ 6,000 Task 3—Final EIR/Findings/Mitigation Monitoring Program S 13,400 Reimbursable Expenses(in-house copying,mileage,postage,etc.) S 1,600 Document Reproduction S 3,750 Subtotal 5148.850 Task 4—(Optional)Peer review technical studies by other consultants $ 4.000 Total $152.850 Item No . 8 Approvals �— City Attorney 11 Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas W. Garcia, Director of Public Works/City Engineer DATE: March 22, 2016 SUBJECT: Approve WRCOG BEYOND Framework Fund Program Funding Agreements for Six Projects and Authorize the Mayor to Execute the Agreements PREPARED BY: Julie Tarrant, Senior Management Analyst RECOMMENDATION: That the City Council approve WRCOG BEYOND Framework Fund Program Funding Agreements for Six Projects and Authorize the Mayor to execute the Agreements on behalf of the City in substantially the form on file in the Office of the City Clerk. BACKGROUND: The BEYOND Program is WRCOG's Economic Development and Sustainability Framework, which was approved by WRCOG's Executive Committee in 2012. Beginning Fiscal Year 2015-16, WRCOG is allocating $1.8 million for use by WRCOG's member agencies to develop and implement plans and programs that can improve the quality of life in Western Riverside County by addressing critical growth components such as economic development, water, environment, energy, health and transportation. The funding allocations for this fiscal year included $140,357 for the City of Temecula. Member agencies were required to submit one or multiple project applications for a total not to exceed the awarded allocation. Project applications were to include a project overview, anticipated outcomes, identify the population served/benefitted, any project partners, intended deliverables, a cost allocation plan, project schedule, and a project summary description of how the project addressed one or more of the six goals articulated in WRCOG's Economic Development & Sustainability Framework. Applications were required to demonstrate consistency with at least one goal. The City of Temecula submitted six project applications for the following projects: No. Dept. Project Name Amount 1. TCSD Global Citizens Viticulture & Hospitality Vocational $15,000 Program 2. TCSD Sam Hick's Monument Park Sustainable Landscape $20,000 Project 3 Emergency Video Vignette (Public Education) $ 2,500 Management 4 Economic TVE2 Stem and Youth Enrichment Program $15,000 Development 5 Economic Grow Temecula Valley—Agritourism and Foodie $15,000 Development Marketing Campaign 6. Public Works Public Works — Sixth Street Sidewalk Improvements $72,857 All project applications were reviewed and approved and WRCOG has prepared six Program Funding Agreements for the BEYOND Framework Fund projects. City staff requests that Tom Garcia, Director of Public Works/City Engineer be named the City's representative and that the Mayor be authorized to sign each agreement on behalf of the City, in substantially the form on file in the Office of the City Clerk. FISCAL IMPACT: There is no fiscal impact for TCSD, Emergency Management or Economic Development/City Manager. All expenditures will be offset by revenues from the WRCOG BEYOND Fund Program. The Public Works project will be included in the Fiscal Year 2017-21 Capital Improvement Program (CI P) and is fully funded with the WRCOG BEYOND Fund Program and DIF-Streets. ATTACHMENTS: 1. Agreement—Global Citizens Viticulture & Hospitality Vocational Program 2. Agreement — Sam Hick's Monument Park Sustainable Landscape Project 3. Agreement—Video Vignette (Public Education) 4. Agreement—TVE2 Stem and Youth Enrichment Program 5. Agreement — Grow Temecula Valley — Agritourism and Foodie Marketing Campaign 6. Agreement— Sixth Street Sidewalk Improvements PROJECT #: 2331-16-02 For Public Agency Use Only BEYOND FRAMEWORK FUND PROGRAM FUNDING AGREEMENT GLOBAL CITIZENS VITICULTURE & HOSPITALITY VOCATIONAL PROGRAM THIS FUNDING AGREEMENT ("Agreement") is entered into as of this 22nd day of March, 2016, by and between the Western Riverside Council of Governments ("WRCOG'), a California joint powers authority and The City of Temecula ("AGENCY"). WRCOG and AGENCY are sometimes hereinafter referred to individually as "Party" and collectively as "Parties". RECITALS A. WRCOG is the Administrator of the BEYOND Framework Fund Program, an economic development and sustainability local assistance funding program intended to help WRCOG member agencies develop and implement plans and programs that can improve the quality of life in Western Riverside County by addressing critical growth components such as economy, water, education, environment, health, and transportation (`BEYOND"). B. For Round I of BEYOND, which launched in Fiscal Year 2015/2016, WRCOG has allocated one million eight-hundred thousand dollars ($1,800,000) for use by WRCOG member agencies through BEYOND ("Program Funds"). Funding allocations for Round I to each member agency are listed in Exhibit "A" attached hereto and incorporated herein by reference. C. WRCOG member agencies shall use these funds in any of the following manners: (1) to develop plans and/or implement projects consistent with WRCOG's Economic Development and Sustainability Framework Goals; (2) to provide a match for grants and other funding opportunities consistent with WRCOG's Economic Development and Sustainability Framework Goals; or (3) to pool resources with other member agencies for larger projects consistent with WRCOG's Economic Development and Sustainability Framework Goals. D. WRCOG has reviewed and approved the application submitted by the AGENCY for use of Program Funds to implement a project that is consistent with WRCOG's Economic Development and Sustainability Framework Goals, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release Program Funds to the AGENCY. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows: 1. Description of the Project. This Agreement is intended to distribute Program Funds to the AGENCY for Global Citizens Viticulture & Hospitality Vocational Program, (the "Project"). The Work, including a project schedule and a detailed scope of work, is more fully described in Exhibit "B" attached hereto and incorporated herein by reference ("Scope of Work") and, pursuant to Section 18 below, is subject to modification if requested by the AGENCY and approved by WRCOG. The Scope of Work shall also include the stated purpose(s) for which the Page 1 of 20 20323.00005\24434070.1 PROJECT #: 2331-16-02 For Public Agency Use Only Program Funds shall be used, and such stated purpose(s) shall be consistent with WRCOG's Economic Development and Sustainability Framework Goals set forth in Exhibit "C" attached hereto and incorporated herein by reference. 2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed FIFTEEN THOUSAND DOLLARS ($15,000.00), to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein ("Funding Amount"). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute Program Funds in excess of the maximum allocation identified in Exhibit "A". The Parties also acknowledge and agree that if the AGENCY does not use or need all of the funding allocated to the AGENCY for Round I, WRCOG is neither obligated nor required to distribute those remaining unused funds to the AGENCY during the next cycle, unless the Project is a multi-year effort, approved by WRCOG. 3. Project Costs Eligible for Advance/Reimbursement. The total Project costs ("Total Project Cost") may include the following items, among others, provided that such items are included in the Scope of Work attached hereto as Exhibit "B": (1) AGENCY and/or consultant costs associated with direct Project coordination and support such as staff time (including interns) and overhead (which may not exceed 25% of the Funding Amount); (2) Project materials; (3) events, workshops, and fairs; and (4) matches for grant applications when the Project meets at least one goal contained in WRCOG's Economic Development and Sustainability Framework Goals. The AGENCY's use of Program Funds to pay for the Total Project Cost shall be solely for the stated purpose(s) listed in the Scope of Work. In advance of incurring Project costs to be covered by Program Funds, WRCOG strongly encourages the AGENCY to contact WRCOG staff to confirm that those Project costs are eligible Project costs. 4. Ineligible Project Costs. The Total Project Cost shall not include expenses for items of work not included within, or for purposes other than those listed in, the Scope of Work, which shall be borne solely by the AGENCY without reimbursement. 5. Procedures for Distribution of Program Funds to AGENCY. a. Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY's payment of the invoices or demands for payment. When submitting an invoice, AGENCY shall indicate the general cost categories for which Program Funds are being used (e.g., labor, material, overhead, consultant, etc.) Documents evidencing the AGENCY'S payment of the invoices shall be retained for three (3) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly and not less often than quarterly. AGENCY may use the template invoice attached hereto as Exhibit "D" attached hereto and incorporated herein by reference. Page 2 of 20 20323.00005\24434070.1 PROJECT #: 2331-16-02 For Public Agency Use Only b. Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days after receipt by WRCOG of an invoice. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute, and payment for that disputed amount will be withheld, without interest, pending resolution of the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG's decision as to the eligibility of one or more invoices to WRCOG's Administration & Finance Committee, provided the AGENCY submits its request for appeal to WRCOG's Administration & Finance Committee within thirty (30) days of the meet and confer process. The WRCOG Administration & Finance Committee shall provide its recommendation in writing to the full WRCOG Executive Committee, which shall then decide whether the disputed amount is eligible for reimbursement by WRCOG. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY's submittal of invoices to WRCOG and WRCOG's consideration and payment of submitted invoices are set forth in Exhibit "E", attached hereto and incorporated herein by reference. c. Funding Amount/Adjustment. If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Total Project Cost, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within thirty (30) days of notification by WRCOG. The determination of whether WRCOG has provided reimbursement of ineligible Project costs shall be at the sole discretion of WRCOG. 6. Increases in Project Funding, The Funding Amount may, in WRCOG's sole discretion, be augmented with additional Program Funds by a written amendment to this Agreement approved by WRCOG's Executive Director. In no case shall the amount of Program Funds allocated to the AGENCY for the Project in Round I exceed the maximum funding allocation for the AGENCY, as listed in Exhibit"A". No such increased funding shall be expended to pay for any Project already completed. 7. Transfer of Program Funds to Another Entity. The AGENCY may not transfer or give Program Funds to another individual, entity, agency, or organization without the express written approval of WRCOG, provided that such approval shall be at the sole discretion of WRCOG. 8. Matching Funds. If the AGENCY intends to use Program Funds as matching funds for a grant opportunity, and that grant opportunity is unsuccessful, the AGENCY must notify WRCOG upon learning of the unsuccessful grant opportunity and shall use Program Funds in the following manner: Not Applicable ("Alternative Project"). Prior to the use of Program Funds for the Alternative Project, AGENCY shall submit and obtain WRCOG's approval of, pursuant to Section 18 of this Agreement, a revised Exhibit "B" containing the scope of work for the Alternative Project. Page 3 of 20 20323.00005\24434070.1 PROJECT 9: 2331-16-02 For Public Agency Use Only 9. Term/Completion Report. The term of this Agreement shall be from the date first herein above written until August 31, 2017, unless this Agreement is terminated pursuant to Section 13. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. Within 30 days of the completion of the Project, the AGENCY shall submit a final progress report (to be provided under separate cover) to WRCOG, providing the following information: description of Project outcomes, lessons learned, deliverables, summary of financials, and any other information as requested by WRCOG. 10. Representatives of the Parties. WRCOG's Executive Director, or his or her designee, shall serve as WRCOG's representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates Tom Garcia, Director of Public Works/City Engineer, or his or her designee, as the AGENCY's representative to WRCOG. The AGENCY's representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY's responsibility. The AGENCY shall work closely and cooperate fully with WRCOG's representative and any other agencies which may have jurisdiction over or an interest in the Project. 11. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY's sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement. 12. Review of Services/Progress Reports. The AGENCY shall allow WRCOG's Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met. 13. Termination. a. Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured. b. Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which Program Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute Program Funds to the AGENCY in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for Page 4 of 20 20323.00005\24434070.1 PROJECT #: 2331-16-02 For Public Agency Use Only the Project for which Program Funds have been provided. This Agreement shall terminate upon receipt by the non-terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which Program Funds have been provided. c. Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 14. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et SeMc., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys' fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et SeMc. 15. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project. The AGENCY, however, must submit to WRCOG at least two progress reports annually, regardless of whether WRCOG makes requests for such reports. 16. Indemnification. a. AGENCY Responsibilities. In addition to the indemnification required under Section 14, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys' fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. b. WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub-consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys' fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG. c. Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG's review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Page 5 of 20 20323.00005\24434070.1 PROJECT 9: 2331-16-02 For Public Agency Use Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY's negligent performance of this Agreement or supervision of any services provided to complete the Project. 17. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last. a. Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall: i. Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; ii. Be primary with respect to any insurance or self-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and iii. Contain standard separation of insured provisions. b. Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each accident. 18. Project Amendments. Any changes to the Scope of Work or the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG shall: (a) be requested in writing by the AGENCY and subject to the approval of WRCOG's Representative, provided that such approval shall be in the sole discretion of WRCOG's Representative, and (b) require an amendment to this Agreement in accordance with Section 30. 19. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 20. Limited Scope of Duties. WRCOG's and the AGENCY's duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a j ob site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project. Page 6 of 20 20323.00005\24434070.1 PROJECT 9: 2331-16-02 For Public Agency Use Only 21. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit. 22. Equal Opportunity Employ The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 23. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. 24. Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. 25. Time of Essence. Time is of the essence for each and every provision of this Agreement. 26. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 27. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose. 28. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Project. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA") and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project. 29. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: Page 7 of 20 20323.00005\24434070.1 PROJECT 9: 2331-16-02 For Public Agency Use Only If to AGENCY: City of Temecula 41000 Main Street Temecula, California 92590 Attention: Tom Garcia, Director of Public Works/City Engineer Telephone: (951) 694-6444 Facsimile: (951) 694-6475 tom.garcia@cityoftemecula.org If to WRCOG: Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3609 Attention: Jennifer Ward, Director of Government Relations Telephone: (951) 955-0186 Facsimile: (951) 787-7991 Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. 30. Integration, Amendment. This Agreement contains the entire agreement between the Parties. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the Parties. 31. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. 32. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the Agreement. 33. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 34. Effective Date. This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective. Page 8 of 20 20323.00005\24434070.1 PROJECT 9: 2331-16-02 For Public Agency Use Only 35. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. [SIGNATURES ON FOLLOWING PAGE] Page 9 of 20 20323.00005\24434070.1 PROJECT #: 2331-16-02 -)r Public Agenr / Use Only IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above-written. WESTERN RIVERSIDE COUNCIL CITY OF TEMECULA OF GOVERNMENTS By: Date: By: Date: Rick Bishop Michael S. Naggar Executive Director Mayor Attest: By: Date: Randi Johl, City Clerk Approved to Form: Approved to Form: By: Date: By: Date: Steven C. DeBaun Peter M. Thorson General Counsel City Attorney Page 10 of 20 20323.00005\24434070.1 L PROJECT #: 2331-16-02 For Public Agency Use Only EXHIBIT "A" MEMBER AGENCY FUNDING ALLOCATION Round I Member Agency Total Funds City of Banning $39,300 City of Calimesa $36,177 City of Canyon Lake $36,537 City of Corona $147,600 City of Eastvale $83,549 City of Hemet $86,597 City of Jurupa Valley $88,942 Project 1 $20,000 Project 2 $20,000 Project 3 $28,942 Project 4 $20,000 City of Lake Elsinore $83,238 City of Menifee $87,039 City of Moreno Valley $153,294 City of Murrieta $140,126 City of Norco $38,650 City of Perris $85,280 Project 1 $42,640 Project 2 $42,640 City of Riverside $169,740 City of San Jacinto $41,471 City of Temecula $140,357 Project 1 $2,500 Project 2 $15,000 Project 3 $15,000 Project 4 $20,000 Project 5 $72,857 Project 6 $15,000 City of Wildomar $39,814 County of Riverside $161,402 Project 1 $136,402 Project 2 $25,000 Eastern Municipal Water District $35,000 Project 1 $20,000 Project 2 $15,000 Western Municipal Water District $35,000 Project 1 $20,000 Project 2 $15,000 Riverside County Superintendent of Schools $35,000 Morongo Band of Mission Indians $35,000 Exhibit A Page 11 of 20 20323.00005\24434070.1 PROJECT #: 2331-16-02 For Public Agen,,t Use Only EXHIBIT `B" SCOPE OF WORK SCOPE OF WORK: Scope of Work The Global Citizens Viticulture & Hospitality Vocational program is a unique public-private partnership between the City of Temecula and Spero Vineyards offering specialized job and life skills training for youth and adults with disabilities. As the Heart of Southern California Wine Country, this program offers training in computer skills, local vineyard history, hospitality, customer service, and agriculture. The current class comprises the aro cohort of students to complete the program. Students in the program receive instruction in the history and culture of the wine country, viticulture science, hospitality, business and marketing, and various theoretical and hands-on agricultural aspects of the wine making business. In addition, a series of field experiences to Spero Vineyards support the students by providing hands-on experiences to strengthen and maximize learning and understanding. The classroom sessions and the vineyard field experiences are interactive and hands-on to stimulate and engage students. Versatile job skills that are applicable to a variety of environments are taught with a high return on relevance. In addition, students will be given the opportunity to earn a customer service certification and a food handler's license, which are underwritten by the City of Temecula. Our goal is to train a highly specialized work force capable of delivering a quality end product while equipping individuals with disabilities with the skills necessary to obtain meaningful employment. Attached Project Description: Curriculum Exhibit B Page 12 of 20 20323.00005\24434070.1 PROJECT #: 2331-16-02 For Public Agency Use Only Bud et Global Citizens Viticulture/Hospitality Vocational Program Costs Based on a one-year program(2 sessions:Spring and Fall)with 10 students and 4 staff members Category Cost Line Item Justification $ 2,520.00 Recreational Staff(1) Staffing costs include planning(40 hours), Staffing $ 1,512.00 Paid Intern (1) preparation (2 hours/day),and class hours $ - Unpaid Intern (2) (2 hours/day). $ 3,200.00 N/A Includes the following:juice filtration equipment,student/staff offi ce s uppl i es, Materials printingfees,snacks/food,t-shirts,gloves, rakes,pruners,wood (for projects),etc. $ 3,500.00 Spero On-the-Field Experiences (7) $500/each =$3,500 $ 300.00 Customer Services Certification $22/student certificate=$220;Al ison Workshops Online Training Website $ 280.00 Food Handlers Certification $ 225.00 Winery Tour (2) $27/student=$270;Riverside County Dept. Events $ 600.00 Disability Employment Luncheon Food, materials,honorariums. $ 600.00 Completion Ceremony Food, materials,completion plaques. To lead onefield experience. Pest Control To consult on al l 6 field experiences and Consultant $ 200.00 Viticulturist activities.*To assess/work with students in- Services $ 1,000.00 *Occupational Therapist class and during on-the-field experiences,to in-kind *Physical Therapist better orga ni ze a nd structure the classes. in-kind *Psychologist/Behaviorist $ 560.00 Transportation To field experiences,winery tours. $ 1,000.00 StaffTraining Viticulture research and development and I ndi rect trai ni ng opportunities $ 400.00 IStaff Uniforms Total 1 $ 15,397.00 This spreadsheet is based on an annual summer program with 10 students and 3 staff members Category Cost Line Item Justification $ 562.50 Recreation Staff(1) Staffing costs include planning $ 243.00 Staffing $ - Printing fees,student/staff office suppl ies, $ 800.00 N/A snacks/food. Events $ 600.00 Completion Ceremony Food, materials,completion plaques in-kind *Financial Literacy *To provide presentation on outlined topic. Workshop in-kind *CPR/First Aid Presenters in-kind *Transportation in-kind *Housing Research and developmentfor in-class Indirect $ 300.00 StaffTraining instruction topics. Total $ 2,470.00 Program Total $ 17,867.00 Exhibit B Page 13 of 20 20323.00005\24434070.1 PROJECT 9: 2331-16-02 For Public Agency Use Only Timeline Disability Employment Luncheon (Event) o February 18, 2016 11:30 am — 1:00 pm Temecula Conference Center Spring Session M/W 9:00 AM— 11:00 AM (Viticulture Program) o Start Date—February 24, 2016 o End Date—April 13, 2016 o Completion Date—April 18, 2016 § Summary: • As part of the curriculum for the Spring Global Citizens Viticulture Program participants will be introduced to the fundamental components of viticulture, science, agriculture, business, and hospitality. To meet the students individual learning needs, the program will feature both in-class sessions and field experiences. The goal of this session is to guide the students through the beginning stages of the grape growing cycle. The students will leave the session with certified customer service training as well as the basic knowledge of viticulture. Staff Program Debriefing o April 25, 2016 o Review Spring 2016 session, identify highlights and areas needing improvement o Outline Fall 2016 session and identify goals Global Citizens Summer Program M/W 9:00 AM— 11:30 AM (interim between sessions) o Start Date—July 5, 2016 o End Date—July 25, 2016 o Completion Date—July 27, 2016 § Summary: • The Global Citizens Summer Program is intended to be an interactive and fund job and life skills program for youth and young adults with special needs. This program focuses on soft skills, vocational skills, and independent living skills. Participants attend workshops on financial literacy, transportation, and communication, hosted by professionals from the community. Participants will leave this program with certified CPR training, and a professional resume. This program is offered to non-viticulture participants. Also, an interim program between the two sessions. Fall 2016 Session M/W 9:00 AM— 11:00 AM(Viticulture Program) o Start Date—August 17, 2016 o End Date— October 5, 2016 o Completion Date— October 12, 2016 Exhibit B Page 14 of 20 20323.00005\24434070.1 PROJECT #: 2331-16-02 For Public Agency Use Only § Summary: • The goal of the Fall session is to get the participants familiar with the harvest and post-harvest activities that occur in the wineries. The program will teach the science, agriculture, business, and hospitality aspects of enology in a way that meets the personal learning styles of the students. Participants will leave this session with Riverside County Food Handlers cards as well as basic knowledge of winery operations and wine making Exhibit B Page 15 of 20 20323.00005\24434070.1 PROJECT #: 2331-16-02 For Public Agency Use Only EXHIBIT "C" ECONOMIC DEVELOPMENT AND SUSTAINABILITY FRAMEWORK GOALS Economic Development Goal ED-1: Vision and Branding: A common understanding of, and unified voice for, economic development needs, services, assets, and challenges. Goal ED-2: Subregional Capacity Building: A diversified,robust,and well-known array of economic development service providers supporting the growth and expansion of local businesses. Goal ED-3: Economic Development Activities: Effective and coordinated local and regional economic development activities. Education Goal E-1: New Partnerships: Unite with education and business leaders to increase the number of students who are college ready, enroll and graduate from college, and who achieve technical degrees that are in demand in Western Riverside County. Goal E-2: Education First Culture: Unite with education and business leaders to create an education first culture in Western Riverside County. Goal E-3: WRCOG Leadership: Integrate education into the WRCOG mission to improve partnerships between K-12 schools, colleges and universities,government, and businesses. Health Goal H-1: Health Care Access: Facilitate the conditions needed for a growing,viable, and integrated health care system in Western Riverside County. Goal H-2: Health Care Workforce: Advocate for a trained,home-grown workforce to serve the healthcare needs of Western Riverside County. Goal H-3: Healthy Environment: Support efforts of local jurisdictions,business, and regional government to improve the health of our region's environment. Goal H-4: Community Design: Facilitate local efforts to improve the opportunities and choices for a healthy and active lifestyle. Goal H-5: Implementation+Action: Facilitate local strategic planning that improves the health and wellness of residents and communities. Transportation Goal T-1: Transportation Programs: Continue to address regional transportation needs through ongoing collaboration and program administration. Goal T-2: Vehicle Miles Traveled: Reduce vehicle miles traveled and improve mobility for pedestrians,transit users, and bicyclists. Goal T3: Goods Movement: Support efforts to improve the sustainable and efficient movement of goods through Western Riverside County. Goal T-4: Air Transportation: Maintain and improve air transportation access. Exhibit C Page 16 of 20 20323.00005\24434070.1 PROJECT #: 2331-16-02 For Public Agency Use Only Water Goal W-1: Agency Coordination: Advocate for and support regional, state, and federal initiatives pertinent to the mission of the Riverside County Water Task Force. Goal W-2: Water Reliability: Advocate for and support efforts of local water districts to ensure long-term reliability of water supply for Western Riverside County. Goal W-3: Water Quality: Preserve and improve regional water quality. Goal W-4: Water Efficiency: Serve as a communication link and information clearinghouse on water efficiency issues for the benefit of member agencies,businesses, and residents. Energy/Environment Goal EE-1: Energy Efficiency Programs: Develop and support programs to reduce energy use and GHG emissions. Goal EE-2: Climate Action Planning: Provide assistance to the region on climate action planning and implementation. Goal EE-3: Air Quality Improvements: Partner with state and regional agencies to advocate and support efforts for cleaner air. Goal EE-4: Environment Conservation and Enhancement: Support regional plans and programs to maintain or improve the quality of the natural environment. Goal EE-5: Local Food Production: Advocate for and support regional efforts to maintain access to local food sources. Exhibit C Page 17 of 20 20323.00005\24434070.1 PROJECT #: 2331-16-02 For Public Agency Use Only EXHIBIT "D" TEMPLATE INVOICE Member Agency Invoice#: Address Date: City, State, Zip Code Bill to: Western Riverside Council of*Governments Attn: Ernie Reyna, Chie Financial Officer Purpose o Invoice:Beyond Initiative Expenses: List cost categories and itemizations here: Total Invoice Amount: $ Make check out to: Iff Contact Name: Title: Phone Number: Email Address: Exhibit D Page 18 of 20 20323.00005\24434070.1 PROJECT 9: 2331-16-02 For Public Agency Use Only Elements of Compensation EXHIBIT "E" PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES 1. At least each quarter, and not more often than each month, the AGENCY shall submit an invoice for eligible Project costs incurred during the preceding time period. The original invoice shall be submitted to WRCOG's Chief Financial Officer. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit"E-1". 2. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 10th day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment. 3. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. All documentation from the AGENCY's contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit"E-1". 4. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit "E" and its attachment. 5. Charges for each task and milestone listed in Exhibit "B" shall be listed separately in the invoice. Exhibit E Page 19 of 20 20323.00005\24434070.1 PROJECT 9: 2331-16-02 For Public Agency Use Only EXHIBIT "E-I" Sample Cover Letter to WRCOG Date Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3679 Attention: Director of Government Relations ATTN: Accounts Payable Re: Project Title - Invoice # Enclosed for your review and payment approval is the AGENCY'S invoice for professional and technical services that was rendered by our contractors in connection with the [PROJECT NAME] per Agreement No. effective (Month/Day/Year) . The required support documentation received from each contractor is included as backup to the invoice. Invoice period covered is from Month/Date/Year to Month/Date/Year . Total Authorized Agreement Amount: $0,000,000.00 Total Invoiced to Date: $0,000,000.00 Total Previously Invoiced: $0,000,000.00 Balance Remaining: $0,000,000.00 Amount due this Invoice: $0,000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed. By: Name Title cc: Exhibit E-1 Page 20 of 20 20323.00005\24434070.1 PROJECT 9: 2331-16-04 For Public Agency Use Only BEYOND FRAMEWORK FUND PROGRAM FUNDING AGREEMENT SAM HICK'S MONUMENT PARK SUSTAINABLE LANDSCAPE PROJECT THIS FUNDING AGREEMENT ("Agreement") is entered into as of this 22nd day of March, 2016, by and between the Western Riverside Council of Governments ("WRCOG'), a California joint powers authority and The City of Temecula ("AGENCY"). WRCOG and AGENCY are sometimes hereinafter referred to individually as "Party" and collectively as "Parties". RECITALS A. WRCOG is the Administrator of the BEYOND Framework Fund Program, an economic development and sustainability local assistance funding program intended to help WRCOG member agencies develop and implement plans and programs that can improve the quality of life in Western Riverside County by addressing critical growth components such as economy, water, education, environment, health, and transportation (`BEYOND"). B. For Round I of BEYOND, which launched in Fiscal Year 2015/2016, WRCOG has allocated one million eight-hundred thousand dollars ($1,800,000) for use by WRCOG member agencies through BEYOND ("Program Funds"). Funding allocations for Round I to each member agency are listed in Exhibit "A" attached hereto and incorporated herein by reference. C. WRCOG member agencies shall use these funds in any of the following manners: (1) to develop plans and/or implement projects consistent with WRCOG's Economic Development and Sustainability Framework Goals; (2) to provide a match for grants and other funding opportunities consistent with WRCOG's Economic Development and Sustainability Framework Goals; or (3) to pool resources with other member agencies for larger projects consistent with WRCOG's Economic Development and Sustainability Framework Goals. D. WRCOG has reviewed and approved the application submitted by the AGENCY for use of Program Funds to implement a project that is consistent with WRCOG's Economic Development and Sustainability Framework Goals, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release Program Funds to the AGENCY. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows: 1. Description of the Project. This Agreement is intended to distribute Program Funds to the AGENCY for Sam Hick's Mounument Park Sustainable Landscape Project, (the "Project"). The Work, including a project schedule and a detailed scope of work, is more fully described in Exhibit "B" attached hereto and incorporated herein by reference ("Scope of Work") and, pursuant to Section 18 below, is subject to modification if requested by the AGENCY and approved by WRCOG. The Scope of Work shall also include the stated purpose(s) for which the Page 1 of 19 20323.00005\24434070.1 PROJECT 9: 2331-16-04 For Public Agency Use Only Program Funds shall be used, and such stated purpose(s) shall be consistent with WRCOG's Economic Development and Sustainability Framework Goals set forth in Exhibit "C" attached hereto and incorporated herein by reference. 2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed TWENTY THOUSAND DOLLARS ($20,000.00), to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein ("Funding Amount"). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute Program Funds in excess of the maximum allocation identified in Exhibit "A". The Parties also acknowledge and agree that if the AGENCY does not use or need all of the funding allocated to the AGENCY for Round I, WRCOG is neither obligated nor required to distribute those remaining unused funds to the AGENCY during the next cycle, unless the Project is a multi-year effort, approved by WRCOG. 3. Project Costs Eligible for Advance/Reimbursement. The total Project costs ("Total Project Cost") may include the following items, among others, provided that such items are included in the Scope of Work attached hereto as Exhibit "B": (1) AGENCY and/or consultant costs associated with direct Project coordination and support such as staff time (including interns) and overhead (which may not exceed 25% of the Funding Amount); (2) Project materials; (3) events, workshops, and fairs; and (4) matches for grant applications when the Project meets at least one goal contained in WRCOG's Economic Development and Sustainability Framework Goals. The AGENCY's use of Program Funds to pay for the Total Project Cost shall be solely for the stated purpose(s) listed in the Scope of Work. In advance of incurring Project costs to be covered by Program Funds, WRCOG strongly encourages the AGENCY to contact WRCOG staff to confirm that those Project costs are eligible Project costs. 4. Ineligible Project Costs. The Total Project Cost shall not include expenses for items of work not included within, or for purposes other than those listed in, the Scope of Work, which shall be borne solely by the AGENCY without reimbursement. 5. Procedures for Distribution of Program Funds to AGENCY. a. Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY's payment of the invoices or demands for payment. When submitting an invoice, AGENCY shall indicate the general cost categories for which Program Funds are being used (e.g., labor, material, overhead, consultant, etc.) Documents evidencing the AGENCY'S payment of the invoices shall be retained for three (3) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly and not less often than quarterly. AGENCY may use the template invoice attached hereto as Exhibit "D" attached hereto and incorporated herein by reference. Page 2 of 19 20323.00005\24434070.1 PROJECT 9: 2331-16-04 For Public Agency Use Only b. Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days after receipt by WRCOG of an invoice. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute, and payment for that disputed amount will be withheld, without interest, pending resolution of the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG's decision as to the eligibility of one or more invoices to WRCOG's Administration & Finance Committee, provided the AGENCY submits its request for appeal to WRCOG's Administration & Finance Committee within thirty (30) days of the meet and confer process. The WRCOG Administration & Finance Committee shall provide its recommendation in writing to the full WRCOG Executive Committee, which shall then decide whether the disputed amount is eligible for reimbursement by WRCOG. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY's submittal of invoices to WRCOG and WRCOG's consideration and payment of submitted invoices are set forth in Exhibit "E", attached hereto and incorporated herein by reference. c. Funding Amount/Adjustment. If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Total Project Cost, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within thirty (30) days of notification by WRCOG. The determination of whether WRCOG has provided reimbursement of ineligible Project costs shall be at the sole discretion of WRCOG. 6. Increases in Project Funding, The Funding Amount may, in WRCOG's sole discretion, be augmented with additional Program Funds by a written amendment to this Agreement approved by WRCOG's Executive Director. In no case shall the amount of Program Funds allocated to the AGENCY for the Project in Round I exceed the maximum funding allocation for the AGENCY, as listed in Exhibit"A". No such increased funding shall be expended to pay for any Project already completed. 7. Transfer of Program Funds to Another Entity. The AGENCY may not transfer or give Program Funds to another individual, entity, agency, or organization without the express written approval of WRCOG, provided that such approval shall be at the sole discretion of WRCOG. 8. Matching Funds. If the AGENCY intends to use Program Funds as matching funds for a grant opportunity, and that grant opportunity is unsuccessful, the AGENCY must notify WRCOG upon learning of the unsuccessful grant opportunity and shall use Program Funds in the following manner: Not Applicable ("Alternative Project"). Prior to the use of Program Funds for the Alternative Project, AGENCY shall submit and obtain WRCOG's approval of, pursuant to Section 18 of this Agreement, a revised Exhibit "B" containing the scope of work for the Alternative Project. Page 3 of 19 20323.00005\24434070.1 PROJECT 9: 2331-16-04 For Public Agency Use Only 9. Term/Completion Report. The term of this Agreement shall be from the date first herein above written until August 31, 2017, unless this Agreement is terminated pursuant to Section 13. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. Within 30 days of the completion of the Project, the AGENCY shall submit a final progress report (to be provided under separate cover) to WRCOG, providing the following information: description of Project outcomes, lessons learned, deliverables, summary of financials, and any other information as requested by WRCOG. 10. Representatives of the Parties. WRCOG's Executive Director, or his or her designee, shall serve as WRCOG's representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates Tom Garcia, Director of Public Works/City Engineer, or his or her designee, as the AGENCY's representative to WRCOG. The AGENCY's representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY's responsibility. The AGENCY shall work closely and cooperate fully with WRCOG's representative and any other agencies which may have jurisdiction over or an interest in the Project. 11. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY's sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement. 12. Review of Services/Progress Reports. The AGENCY shall allow WRCOG's Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met. 13. Termination. a. Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured. b. Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which Program Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute Program Funds to the AGENCY in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for Page 4 of 19 20323.00005\24434070.1 PROJECT 9: 2331-16-04 For Public Agency Use Only the Project for which Program Funds have been provided. This Agreement shall terminate upon receipt by the non-terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which Program Funds have been provided. c. Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 14. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et SeMc., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys' fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et SeMc. 15. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project. The AGENCY, however, must submit to WRCOG at least two progress reports annually, regardless of whether WRCOG makes requests for such reports. 16. Indemnification. a. AGENCY Responsibilities. In addition to the indemnification required under Section 14, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys' fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. b. WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub-consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys' fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG. c. Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG's review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Page 5 of 19 20323.00005\24434070.1 PROJECT 9: 2331-16-04 For Public Agency Use Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY's negligent performance of this Agreement or supervision of any services provided to complete the Project. 17. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last. a. Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall: i. Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; ii. Be primary with respect to any insurance or self-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and iii. Contain standard separation of insured provisions. b. Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each accident. 18. Project Amendments. Any changes to the Scope of Work or the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG shall: (a) be requested in writing by the AGENCY and subject to the approval of WRCOG's Representative, provided that such approval shall be in the sole discretion of WRCOG's Representative, and (b) require an amendment to this Agreement in accordance with Section 30. 19. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 20. Limited Scope of Duties. WRCOG's and the AGENCY's duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a j ob site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project. Page 6 of 19 20323.00005\24434070.1 PROJECT 9: 2331-16-04 For Public Agency Use Only 21. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit. 22. Equal Opportunity Employ The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 23. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. 24. Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. 25. Time of Essence. Time is of the essence for each and every provision of this Agreement. 26. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 27. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose. 28. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Project. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA") and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project. 29. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: Page 7 of 19 20323.00005\24434070.1 PROJECT 9: 2331-16-04 For Public Agency Use Only If to AGENCY: City of Temecula 41000 Main Street Temecula, California 92590 Attention: Tom Garcia, Director of Public Works/City Engineer Telephone: (951) 694-6444 Facsimile: (951) 694-6475 tom.garcia@cityoftemecula.org If to WRCOG: Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3609 Attention: Jennifer Ward, Director of Government Relations Telephone: (951) 955-0186 Facsimile: (951) 787-7991 Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. 30. Integration, Amendment. This Agreement contains the entire agreement between the Parties. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the Parties. 31. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. 32. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the Agreement. 33. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 34. Effective Date. This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective. Page 8 of 19 20323.00005\24434070.1 PROJECT 9: 2331-16-04 For Public Agency Use Only 35. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. [SIGNATURES ON FOLLOWING PAGE] Page 9 of 19 20323.00005\24434070.1 PROJECT #: 2331-16-04 -)r Public Agenr / Use Only IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above-written. WESTERN RIVERSIDE COUNCIL CITY OF TEMECULA OF GOVERNMENTS By: Date: By: Date: Rick Bishop Michael S. Naggar Executive Director Mayor Attest: By: Date: Randi Johl, City Clerk Approved to Form: Approved to Form: By: Date: By: Date: Steven C. DeBaun Peter M. Thorson General Counsel City Attorney L� Page 10 of 19 20323.00005\24434070.1 PROJECT 9: 2331-16-04 For Public Agency Use Only EXHIBIT "A" MEMBER AGENCY FUNDING ALLOCATION Round I Member Agency Total Funds City of Banning $39,300 City of Calimesa $36,177 City of Canyon Lake $36,537 City of Corona $147,600 City of Eastvale $83,549 City of Hemet $86,597 City of Jurupa Valley $88,942 Project 1 $20,000 Project 2 $20,000 Project 3 $28,942 Project 4 $20,000 City of Lake Elsinore $83,238 City of Menifee $87,039 City of Moreno Valley $153,294 City of Murrieta $140,126 City of Norco $38,650 City of Perris $85,280 Project 1 $42,640 Project 2 $42,640 City of Riverside $169,740 City of San Jacinto $41,471 City of Temecula $140,357 Project 1 $2,500 Project 2 $15,000 Project 3 $15,000 Project 4 $20,000 Project 5 $72,857 Project 6 $15,000 City of Wildomar $39,814 County of Riverside $161,402 Project 1 $136,402 Project 2 $25,000 Eastern Municipal Water District $35,000 Project 1 $20,000 Project 2 $15,000 Western Municipal Water District $35,000 Project 1 $20,000 Project 2 $15,000 Riverside County Superintendent of Schools $35,000 Morongo Band of Mission Indians $35,000 Exhibit A Page 11 of 19 20323.00005\24434070.1 PROJECT 9: 2331-16-04 For Public Agen,,t Use Only EXHIBIT `B" SCOPE OF WORK SCOPE OF WORK: Scope of Work The Sam flicks Monument Park-Sustainable Landscaping Project will fund adding a sustainable landscaping component to an existing Sam Hicks Monument Park Playground Enhancement project, a project currently under way which replaces outdated equipment with a custom playground. The additional component will remove existing water-wasting landscaping, prirranly lawn and shrubs that surround the new playground area, and replace it with indigenous plants, natural surfaces. drip irrigation and interpretative signs, The project to change the landscaping will enhance a custom playground project funded through Community Development Block Grant that is currently underway. This project-Sant Hicks Monument Park Playground Enhancement- celebrates the natural and cultural history of the Temecula Valley through creative custom play elements. Construction is underway, with Installation expected by summer of 2416. The new custom built playground will feature interpretive play elements celebrating the cultural history of the Temecula Malley, including the Native American story, ranching and settlers, and modern history- This intent of this project is to add an additional landscaping component surrounding the playground, creating a regionally appropriate environment that uses sustainable materials, conserves water, and minimizes the waste generated by the current landscaping. The plan will also act as an outdoor exhibit using natural elements to tell the story of water conservation, recycling and sustainable human settlement in the Temecula Valley, past, present and future. The scope of work will include designating the area around the playground to be changed, identifying appropriate plants and hardscapes, developing a plot map including plans to change existing irrigation to drip irrigation, obtaining the necessary approvals and implementing the plan. Tasks include meeting with Consultants. local water agencies, higher learning institutions, and with Pechanga Band of Luiserfa Indians Cultural Resources team to develop lists of ingenious plants and their uses; meeting to create the plan-, obtain plan approval from the City of Temecula Park and Recreation sub-oommittee; write copy for signs-, hire the sign company-, implement the landscaping plan and install the signs. Milestones are delineated in Section V Schedule below. The Sam Hicks Monument Paris -Sustainable Landscaping Project will allow for natural resources education, providing a tangible connection to the themes of natural and cultural history. The combination of unique play elements surrounded by natural landscaping and interpretive signs will tell the story of stewardship of the land throughout the ages. The park will cultivate in the visitor an appreciation for the region's heritage and inspire proper environmental stewardshin for futiire aPrPrat ions Exhibit B Page 12 of 19 20323.00005\24434070.1 PROJECT 9: 2331-16-04 For Public Agency Use Only Budget Western Rit"vde Councd d Governments-f3erend rrameworir fund Procron Budget Form City of Temecula/Temecula Valley Museum ►ieGtye)remectaia. rcmecubvaoymusew" Sam Hicks Monument Pdrk- Sustainable Landscapirg Project Protect Director: Trocyfrrk Proocl Grant P#f*d: i ua rear 7015-7016 Caffoutalliwal Detaik/Nota Cilly Waded WK.06 Funded /rojact Total 1.salarbm a Waits Prclect Ormtcr Itrxy ►roar►r rste W S35.91 @ 50 hrs S 1,794.50 S S 1,148.50 trillfwjseurr+hlana er Protect Managot/PuUlf WoAs Hwrly ra o JP SSS 00 ip 30Ivs S 1,65000 S - 5 1,65000 Mut«um-cqmial6t Hour' rMe 0 13 SS di 7S hrs 5 1.01625 1 1,01625 2.Fnnje lenertts Prgact Drto"tro ITrwcy H"jrrr r,t.p 13 CQ iA 50 his 5 65000 5 S 650.00 1 rt lV iseum filana or Prole,ct hlanaeer/Public Wcv-ts hour/r rate tb iS t)0 iti 30 hrs S 45000 S S 450.00 hluscum Slxxialrt Hoof.y rate tp 1.S2 tp 7S his S 11400 S 114.00 3.Con>Aom fees iandwapsy Contractor Hour►rraca®SO OO df 40 hrs S 5 2.00000 5 1.00000 hr atton Contractor Howly rate 005000 Cd 22 hrs 1,10000 11,100001 4.Su i Materials Plant 200 9 00 ca 5S l 7900 00 $ 1.8w 00 Decomposed Uranffi 80 csrbs;Icer As 60.00 es 5 1100 00 S 4.8W-00 R"k Logo?*29 a 301'Decorative Rocs j10 0 S115tal 5 $ 1.25000 S 1,25000 Wood Chp Playground Cl%AAty 200 Cubk yards V59-00 va 5 5 1,8t00A0 S 1,80000 1716P a at 1000 Squire Feet:52 25 pro J 2.15000 150000 [Mcfpfelle.1c SJJ242S signs at 100 ria - SAID 03 S.00000 City of Iemctulallcmemla Matey Museum/Sam Hicts Morsument Part Sustanable landsrAarg Prolect Exhibit B Page 13 of 19 20323.00005\24434070.1 PROJECT 9: 2331-16-04 For Public Agency Use Only Timeline February 26, Create Sam Hicks Park Sustainable Landscaping Committee including Public 2016 Works, museum staff,Nature works, Inc., Pechanga Cultural Resources staff and appropriate vendors First meeting to discuss goals of project, define specific area and assign tasks March 11, 2016 Second meeting to discuss goals of project, define specific area and assign March 25, 2016 tasks March 30, 2016 Finalize tasks March 30, 2016 Prepare plant, signage and materials lists and finalize budget April 8, 2016 Create planting plot map and plan signage April 15, 2016 Write sign labels and select vendor May 6, 2016 Sam Hicks Sustainable Landscape Committee Presentation to City of Temecula Parks and Recreation Sub-Committee May 9, 2016 Contract for signage vendor complete May 17, 2016 Install new plants and hardscape elements June 6, 2016 Final proof of signs June 20, 2016 Install signs June 27-July 31, Playground installation tentatively scheduled 2016 Exhibit B Page 14 of 19 20323.00005\24434070.1 PROJECT 9: 2331-16-04 For Public Agency Use Only EXHIBIT "C" ECONOMIC DEVELOPMENT AND SUSTAINABILITY FRAMEWORK GOALS Economic Development Goal ED-1: Vision and Branding: A common understanding of, and unified voice for, economic development needs, services, assets, and challenges. Goal ED-2: Subregional Capacity Building: A diversified,robust,and well-known array of economic development service providers supporting the growth and expansion of local businesses. Goal ED-3: Economic Development Activities: Effective and coordinated local and regional economic development activities. Education Goal E-1: New Partnerships: Unite with education and business leaders to increase the number of students who are college ready, enroll and graduate from college, and who achieve technical degrees that are in demand in Western Riverside County. Goal E-2: Education First Culture: Unite with education and business leaders to create an education first culture in Western Riverside County. Goal E-3: WRCOG Leadership: Integrate education into the WRCOG mission to improve partnerships between K-12 schools, colleges and universities,government, and businesses. Health Goal H-1: Health Care Access: Facilitate the conditions needed for a growing,viable, and integrated health care system in Western Riverside County. Goal H-2: Health Care Workforce: Advocate for a trained,home-grown workforce to serve the healthcare needs of Western Riverside County. Goal H-3: Healthy Environment: Support efforts of local jurisdictions,business, and regional government to improve the health of our region's environment. Goal H-4: Community Design: Facilitate local efforts to improve the opportunities and choices for a healthy and active lifestyle. Goal H-5: Implementation+Action: Facilitate local strategic planning that improves the health and wellness of residents and communities. Transportation Goal T-1: Transportation Programs: Continue to address regional transportation needs through ongoing collaboration and program administration. Goal T-2: Vehicle Miles Traveled: Reduce vehicle miles traveled and improve mobility for pedestrians,transit users, and bicyclists. Goal T3: Goods Movement: Support efforts to improve the sustainable and efficient movement of goods through Western Riverside County. Goal T-4: Air Transportation: Maintain and improve air transportation access. Exhibit C Page 15 of 19 20323.00005\24434070.1 PROJECT 9: 2331-16-04 For Public Agency Use Only Water Goal W-1: Agency Coordination: Advocate for and support regional, state, and federal initiatives pertinent to the mission of the Riverside County Water Task Force. Goal W-2: Water Reliability: Advocate for and support efforts of local water districts to ensure long-term reliability of water supply for Western Riverside County. Goal W-3: Water Quality: Preserve and improve regional water quality. Goal W-4: Water Efficiency: Serve as a communication link and information clearinghouse on water efficiency issues for the benefit of member agencies,businesses, and residents. Energy/Environment Goal EE-1: Energy Efficiency Programs: Develop and support programs to reduce energy use and GHG emissions. Goal EE-2: Climate Action Planning: Provide assistance to the region on climate action planning and implementation. Goal EE-3: Air Quality Improvements: Partner with state and regional agencies to advocate and support efforts for cleaner air. Goal EE-4: Environment Conservation and Enhancement: Support regional plans and programs to maintain or improve the quality of the natural environment. Goal EE-5: Local Food Production: Advocate for and support regional efforts to maintain access to local food sources. Exhibit C Page 16 of 19 20323.00005\24434070.1 PROJECT #: 2331-16-04 For Public Agency Use Only EXHIBIT "D" TEMPLATE INVOICE Member Agency Invoice#: Address Date: City, State, Zip Code Bill to: Western Riverside Council of*Governments Attn: Ernie Reyna, Chie Financial Officer Purpose o Invoice:Beyond Initiative Expenses: List cost categories and itemizations here: Total Invoice Amount: $ Make check out to: Iff Contact Name: Title: Phone Number: Email Address: Exhibit D Page 17 of 19 20323.00005\24434070.1 PROJECT 9: 2331-16-04 For Public Agency Use Only Elements of Compensation EXHIBIT "E" PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES 1. At least each quarter, and not more often than each month, the AGENCY shall submit an invoice for eligible Project costs incurred during the preceding time period. The original invoice shall be submitted to WRCOG's Chief Financial Officer. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit"E-1". 2. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 10th day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment. 3. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. All documentation from the AGENCY's contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit"E-1". 4. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit "E" and its attachment. 5. Charges for each task and milestone listed in Exhibit "B" shall be listed separately in the invoice. Exhibit E Page 18 of 19 20323.00005\24434070.1 PROJECT 9: 2331-16-04 For Public Agency Use Only EXHIBIT "E-I" Sample Cover Letter to WRCOG Date Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3679 Attention: Director of Government Relations ATTN: Accounts Payable Re: Project Title - Invoice # Enclosed for your review and payment approval is the AGENCY'S invoice for professional and technical services that was rendered by our contractors in connection with the [PROJECT NAME] per Agreement No. effective (Month/Day/Year) . The required support documentation received from each contractor is included as backup to the invoice. Invoice period covered is from Month/Date/Year to Month/Date/Year . Total Authorized Agreement Amount: $0,000,000.00 Total Invoiced to Date: $0,000,000.00 Total Previously Invoiced: $0,000,000.00 Balance Remaining: $0,000,000.00 Amount due this Invoice: $0,000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed. By: Name Title cc: Exhibit E-1 Page 19 of 19 20323.00005\24434070.1 PROJECT #: 2331-16-01 For Public Agency Use Only BEYOND FRAMEWORK FUND PROGRAM FUNDING AGREEMENT VIDEO VIGNETTE (PUBLIC EDUCATION) THIS FUNDING AGREEMENT ("Agreement") is entered into as of this 22nd day of March, 2016, by and between the Western Riverside Council of Governments ("WRCOG'), a California joint powers authority and The City of Temecula ("AGENCY"). WRCOG and AGENCY are sometimes hereinafter referred to individually as "Party" and collectively as "Parties". RECITALS A. WRCOG is the Administrator of the BEYOND Framework Fund Program, an economic development and sustainability local assistance funding program intended to help WRCOG member agencies develop and implement plans and programs that can improve the quality of life in Western Riverside County by addressing critical growth components such as economy, water, education, environment, health, and transportation (`BEYOND"). B. For Round I of BEYOND, which launched in Fiscal Year 2015/2016, WRCOG has allocated one million eight-hundred thousand dollars ($1,800,000) for use by WRCOG member agencies through BEYOND ("Program Funds"). Funding allocations for Round I to each member agency are listed in Exhibit "A" attached hereto and incorporated herein by reference. C. WRCOG member agencies shall use these funds in any of the following manners: (1) to develop plans and/or implement projects consistent with WRCOG's Economic Development and Sustainability Framework Goals; (2) to provide a match for grants and other funding opportunities consistent with WRCOG's Economic Development and Sustainability Framework Goals; or (3) to pool resources with other member agencies for larger projects consistent with WRCOG's Economic Development and Sustainability Framework Goals. D. WRCOG has reviewed and approved the application submitted by the AGENCY for use of Program Funds to implement a project that is consistent with WRCOG's Economic Development and Sustainability Framework Goals, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release Program Funds to the AGENCY. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows: 1. Description of the Project. This Agreement is intended to distribute Program Funds to the AGENCY for Video Vignette (Public Education), (the "Project"). The Work, including a project schedule and a detailed scope of work, is more fully described in Exhibit "B" attached hereto and incorporated herein by reference ("Scope of Work") and, pursuant to Section 18 below, is subject to modification if requested by the AGENCY and approved by WRCOG. The Scope of Work shall also include the stated purpose(s) for which the Program Funds shall be Page 1 of 17 20323.00005\24434070.1 PROJECT #: 2331-16-01 For Public Agency Use Only used, and such stated purpose(s) shall be consistent with WRCOG's Economic Development and Sustainability Framework Goals set forth in Exhibit"C" attached hereto and incorporated herein by reference. 2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00), to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein ("Funding Amount"). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute Program Funds in excess of the maximum allocation identified in Exhibit "A". The Parties also acknowledge and agree that if the AGENCY does not use or need all of the funding allocated to the AGENCY for Round I, WRCOG is neither obligated nor required to distribute those remaining unused funds to the AGENCY during the next cycle, unless the Project is a multi-year effort, approved by WRCOG. 3. Project Costs Eligible for Advance/Reimbursement. The total Project costs ("Total Project Cost") may include the following items, among others, provided that such items are included in the Scope of Work attached hereto as Exhibit "B": (1) AGENCY and/or consultant costs associated with direct Project coordination and support such as staff time (including interns) and overhead (which may not exceed 25% of the Funding Amount); (2) Project materials; (3) events, workshops, and fairs; and (4) matches for grant applications when the Project meets at least one goal contained in WRCOG's Economic Development and Sustainability Framework Goals. The AGENCY's use of Program Funds to pay for the Total Project Cost shall be solely for the stated purpose(s) listed in the Scope of Work. In advance of incurring Project costs to be covered by Program Funds, WRCOG strongly encourages the AGENCY to contact WRCOG staff to confirm that those Project costs are eligible Project costs. 4. Ineligible Project Costs. The Total Project Cost shall not include expenses for items of work not included within, or for purposes other than those listed in, the Scope of Work, which shall be borne solely by the AGENCY without reimbursement. 5. Procedures for Distribution of Program Funds to AGENCY. a. Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY's payment of the invoices or demands for payment. When submitting an invoice, AGENCY shall indicate the general cost categories for which Program Funds are being used (e.g., labor, material, overhead, consultant, etc.) Documents evidencing the AGENCY'S payment of the invoices shall be retained for three (3) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly and not less often than quarterly. AGENCY may use the template invoice attached hereto as Exhibit "D" attached hereto and incorporated herein by reference. Page 2 of 17 20323.00005\24434070.1 PROJECT 9: 2331-16-01 For Public Agency Use Only b. Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days after receipt by WRCOG of an invoice. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute, and payment for that disputed amount will be withheld, without interest, pending resolution of the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG's decision as to the eligibility of one or more invoices to WRCOG's Administration & Finance Committee, provided the AGENCY submits its request for appeal to WRCOG's Administration & Finance Committee within thirty (30) days of the meet and confer process. The WRCOG Administration & Finance Committee shall provide its recommendation in writing to the full WRCOG Executive Committee, which shall then decide whether the disputed amount is eligible for reimbursement by WRCOG. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY's submittal of invoices to WRCOG and WRCOG's consideration and payment of submitted invoices are set forth in Exhibit "E", attached hereto and incorporated herein by reference. c. Funding Amount/Adjustment. If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Total Project Cost, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within thirty (30) days of notification by WRCOG. The determination of whether WRCOG has provided reimbursement of ineligible Project costs shall be at the sole discretion of WRCOG. 6. Increases in Project Funding, The Funding Amount may, in WRCOG's sole discretion, be augmented with additional Program Funds by a written amendment to this Agreement approved by WRCOG's Executive Director. In no case shall the amount of Program Funds allocated to the AGENCY for the Project in Round I exceed the maximum funding allocation for the AGENCY, as listed in Exhibit"A". No such increased funding shall be expended to pay for any Project already completed. 7. Transfer of Program Funds to Another Entity. The AGENCY may not transfer or give Program Funds to another individual, entity, agency, or organization without the express written approval of WRCOG, provided that such approval shall be at the sole discretion of WRCOG. 8. Matching Funds. If the AGENCY intends to use Program Funds as matching funds for a grant opportunity, and that grant opportunity is unsuccessful, the AGENCY must notify WRCOG upon learning of the unsuccessful grant opportunity and shall use Program Funds in the following manner: Not Applicable ("Alternative Project"). Prior to the use of Program Funds for the Alternative Project, AGENCY shall submit and obtain WRCOG's approval of, pursuant to Section 18 of this Agreement, a revised Exhibit "B" containing the scope of work for the Alternative Project. 9. Term/Completion Report. The term of this Agreement shall be from the date first herein above written until August 31, 2017, unless this Agreement is terminated pursuant to Section 13. All applicable indemnification provisions of this Agreement shall remain in effect following the Page 3 of 17 20323.00005\24434070.1 PROJECT 9: 2331-16-01 For Pubs' _ a �ncy Use Only termination of this Agreement. Within 30 days of the completion of the Project, the AGENCY shall submit a final progress report (to be provided under separate cover) to WRCOG, providing the following information: description of Project outcomes, lessons learned, deliverables, summary of financials, and any other information as requested by WRCOG. 10. Representatives of the Parties. WRCOG's Executive Director, or his or her designee, shall serve as WRCOG's representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates Tom Garcia, Director of Public Works/City Engineer, or his or her designee, as the AGENCY's representative to WRCOG. The AGENCY's representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY's responsibility. The AGENCY shall work closely and cooperate fully with WRCOG's representative and any other agencies which may have jurisdiction over or an interest in the Project. 11. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY's sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement. 12. Review of Services/Progress Reports. The AGENCY shall allow WRCOG's Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met. 13. Termination. a. Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured. b. Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which Program Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute Program Funds to the AGENCY in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which Program Funds have been provided. This Agreement shall terminate upon receipt by the non-terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which Program Funds have been provided. Page 4 of 17 20323.00005\24434070.1 PROJECT #: 2331-16-01 For Public Agency Use Only c. Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 14. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys' fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq. 15. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project. The AGENCY, however, must submit to WRCOG at least two progress reports annually, regardless of whether WRCOG makes requests for such reports. 16. Indemnification. a. AGENCY Responsibilities. In addition to the indemnification required under Section 14, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys' fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. b. WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub-consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys' fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG. c. Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG's review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY's negligent performance of this Agreement or supervision of any services provided to complete the Project. Page 5 of 17 20323.00005\24434070.1 PROJECT 9: 2331-16-01 For Public Agency Use Only 17. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last. a. Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall: i. Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; ii. Be primary with respect to any insurance or self-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and iii. Contain standard separation of insured provisions. b. Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each accident. 18. Project Amendments. Any changes to the Scope of Work or the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG shall: (a) be requested in writing by the AGENCY and subject to the approval of WRCOG's Representative, provided that such approval shall be in the sole discretion of WRCOG's Representative, and (b) require an amendment to this Agreement in accordance with Section 30. 19. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 20. Limited Scope of Duties. WRCOG's and the AGENCY's duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a j ob site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project. 21. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or Page 6 of 17 20323.00005\24434070.1 PROJECT 9: 2331-16-01 For Public Agency Use Only employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit. 22. Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 23. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. 24. Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. 25. Time of Essence. Time is of the essence for each and every provision of this Agreement. 26. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 27. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose. 28. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Project. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA") and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project. 29. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: Page 7 of 17 20323.00005\24434070.1 PROJECT 9: 2331-16-01 For Public Agency Use Only If to AGENCY: City of Temecula 41000 Main Street Temecula, California 92590 Attention: Tom Garcia, Director of Public Works/City Engineer Telephone: (951) 694-6444 Facsimile: (951) 694-6475 tom.garcia@cityoftemecula.org If to WRCOG: Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3609 Attention: Jennifer Ward, Director of Government Relations Telephone: (951) 955-0186 Facsimile: (951) 787-7991 Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. 30. Integration, Amendment. This Agreement contains the entire agreement between the Parties. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the Parties. 31. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. 32. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the Agreement. 33. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 34. Effective Date. This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective. Page 8 of 17 20323.00005\24434070.1 PROJECT 9: 2331-16-01 :or Public Agency Use Only 35. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. [SIGNATURES ON FOLLOWING PAGE] Page 9 of 17 20323.00005\24434070.1 PROJECT #: 2331-16-01 -)r Public Agenr / Use Only IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above-written. WESTERN RIVERSIDE COUNCIL CITY OF TEMECULA OF GOVERNMENTS By: Date: By: Date: Rick Bishop Michael S. Naggar Executive Director Mayor Attest: By: Date: Randi Johl, City Clerk Approved to Form: Approved to Form: By: Date: By: Date: Steven C. DeBaun Peter M. Thorson General Counsel City Attorney Page 10 of 17 20323.00005\24434070.1 L PROJECT #: 2331-16-01 For Public Agency Use Only EXHIBIT "A" MEMBER AGENCY FUNDING ALLOCATION Round I Member Agency Total Funds City of Banning $39,300 City of Calimesa $36,177 City of Canyon Lake $36,537 City of Corona $147,600 City of Eastvale $83,549 City of Hemet $86,597 City of Jurupa Valley $88,942 Project 1 $20,000 Project 2 $20,000 Project 3 $28,942 Project 4 $20,000 City of Lake Elsinore $83,238 City of Menifee $87,039 City of Moreno Valley $153,294 City of Murrieta $140,126 City of Norco $38,650 City of Perris $85,280 Project 1 $42,640 Project 2 $42,640 City of Riverside $169,740 City of San Jacinto $41,471 City of Temecula $140,357 Project 1 $2,500 Project 2 $15,000 Project 3 $15,000 Project 4 $20,000 Project 5 $72,857 Project 6 $15,000 City of Wildomar $39,814 County of Riverside $161,402 Project 1 $136,402 Project 2 $25,000 Eastern Municipal Water District $35,000 Project 1 $20,000 Project 2 $15,000 Western Municipal Water District $35,000 Project 1 $20,000 Project 2 $15,000 Riverside County Superintendent of Schools $35,000 Morongo Band of Mission Indians $35,000 Exhibit A Page 11 of 17 20323.00005\24434070.1 PROJECT #: 2331-16-01 For Publ*,- -* gen,,t Use Only EXHIBIT `B" SCOPE OF WORK SCOPE OF WORK: Scope of Work The funds will be used to produce a video vignette to educate the public about emergency preparedness efforts before, during, and after a catastrophic event. More specifically, the vignette will outline the City of Temecula's "all-hazards" approach to emergency management, the establishment of an Emergency Operations Center, the role of first responders, the role of the Temecula Citizens Corps, sandbag availability, and individual responsibility. The final product will be placed on the City's website, social media, cable television, etc. for ongoing public education. The video vignette shall be completed (shot, edited, delivered) approximately 30 days after the grant is awarded. Budget The video vignette will be produced by a video company that the City currently utilizes in other capacities_ The video company will charge the City $2,500 to shoot, edit, and deliver the final video product. Timeline The video vignette shall be completed (shot, edited, delivered) approximately 30 days after the grant is awarded. Exhibit B Page 12 of 17 20323.00005\24434070.1 PROJECT #: 2331-16-01 For Public Agency Use Only EXHIBIT "C" ECONOMIC DEVELOPMENT AND SUSTAINABILITY FRAMEWORK GOALS Economic Development Goal ED-1: Vision and Branding: A common understanding of, and unified voice for, economic development needs, services, assets, and challenges. Goal ED-2: Subregional Capacity Building: A diversified,robust,and well-known array of economic development service providers supporting the growth and expansion of local businesses. Goal ED-3: Economic Development Activities: Effective and coordinated local and regional economic development activities. Education Goal E-1: New Partnerships: Unite with education and business leaders to increase the number of students who are college ready, enroll and graduate from college, and who achieve technical degrees that are in demand in Western Riverside County. Goal E-2: Education First Culture: Unite with education and business leaders to create an education first culture in Western Riverside County. Goal E-3: WRCOG Leadership: Integrate education into the WRCOG mission to improve partnerships between K-12 schools, colleges and universities,government, and businesses. Health Goal H-1: Health Care Access: Facilitate the conditions needed for a growing,viable, and integrated health care system in Western Riverside County. Goal H-2: Health Care Workforce: Advocate for a trained,home-grown workforce to serve the healthcare needs of Western Riverside County. Goal H-3: Healthy Environment: Support efforts of local jurisdictions,business, and regional government to improve the health of our region's environment. Goal H-4: Community Design: Facilitate local efforts to improve the opportunities and choices for a healthy and active lifestyle. Goal H-5: Implementation+Action: Facilitate local strategic planning that improves the health and wellness of residents and communities. Transportation Goal T-1: Transportation Programs: Continue to address regional transportation needs through ongoing collaboration and program administration. Goal T-2: Vehicle Miles Traveled: Reduce vehicle miles traveled and improve mobility for pedestrians,transit users, and bicyclists. Goal T3: Goods Movement: Support efforts to improve the sustainable and efficient movement of goods through Western Riverside County. Goal T-4: Air Transportation: Maintain and improve air transportation access. Exhibit C Page 13 of 17 20323.00005\24434070.1 PROJECT #: 2331-16-01 For Public Agency Use Only Water Goal W-1: Agency Coordination: Advocate for and support regional, state, and federal initiatives pertinent to the mission of the Riverside County Water Task Force. Goal W-2: Water Reliability: Advocate for and support efforts of local water districts to ensure long-term reliability of water supply for Western Riverside County. Goal W-3: Water Quality: Preserve and improve regional water quality. Goal W-4: Water Efficiency: Serve as a communication link and information clearinghouse on water efficiency issues for the benefit of member agencies,businesses, and residents. Energy/Environment Goal EE-1: Energy Efficiency Programs: Develop and support programs to reduce energy use and GHG emissions. Goal EE-2: Climate Action Planning: Provide assistance to the region on climate action planning and implementation. Goal EE-3: Air Quality Improvements: Partner with state and regional agencies to advocate and support efforts for cleaner air. Goal EE-4: Environment Conservation and Enhancement: Support regional plans and programs to maintain or improve the quality of the natural environment. Goal EE-5: Local Food Production: Advocate for and support regional efforts to maintain access to local food sources. Exhibit C Page 14 of 17 20323.00005\24434070.1 PROJECT #: 2331-16-01 For Public Agency Use Only EXHIBIT "D" TEMPLATE INVOICE Member Agency Invoice#: Address Date: City, State, Zip Code Bill to: Western Riverside Council of*Governments Attn: Ernie Reyna, Chie Financial Officer Purpose o Invoice:Beyond Initiative Expenses: List cost categories and itemizations here: Total Invoice Amount: $ Make check out to: Iff Contact Name: Title: Phone Number: Email Address: Exhibit D Page 15 of 17 20323.00005\24434070.1 PROJECT #: 2331-16-01 For Public Agency Use Only Elements of Compensation EXHIBIT "E" PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES 1. At least each quarter, and not more often than each month, the AGENCY shall submit an invoice for eligible Project costs incurred during the preceding time period. The original invoice shall be submitted to WRCOG's Chief Financial Officer. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit"E-1". 2. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 10th day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment. 3. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. All documentation from the AGENCY's contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit"E-1". 4. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit "E" and its attachment. 5. Charges for each task and milestone listed in Exhibit "B" shall be listed separately in the invoice. Exhibit E Page 16 of 17 20323.00005\24434070.1 PROJECT 9: 2331-16-01 For Public Agency Use Only EXHIBIT "E-I" Sample Cover Letter to WRCOG Date Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3679 Attention: Director of Government Relations ATTN: Accounts Payable Re: Project Title - Invoice # Enclosed for your review and payment approval is the AGENCY'S invoice for professional and technical services that was rendered by our contractors in connection with the [PROJECT NAME] per Agreement No. effective (Month/Day/Year) . The required support documentation received from each contractor is included as backup to the invoice. Invoice period covered is from Month/Date/Year to Month/Date/Year . Total Authorized Agreement Amount: $0,000,000.00 Total Invoiced to Date: $0,000,000.00 Total Previously Invoiced: $0,000,000.00 Balance Remaining: $0,000,000.00 Amount due this Invoice: $0,000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed. By: Name Title cc: Exhibit E-1 Page 17 of 17 20323.00005\24434070.1 PROJECT #: 2331-16-06 For Public Agency Use Only BEYOND FRAMEWORK FUND PROGRAM FUNDING AGREEMENT TVE2 STEM AND YOUTH ENRICHMENT PROGRAM THIS FUNDING AGREEMENT ("Agreement") is entered into as of this 22nd day of March, 2016, by and between the Western Riverside Council of Governments ("WRCOG'), a California joint powers authority and The City of Temecula ("AGENCY"). WRCOG and AGENCY are sometimes hereinafter referred to individually as "Party" and collectively as "Parties". RECITALS A. WRCOG is the Administrator of the BEYOND Framework Fund Program, an economic development and sustainability local assistance funding program intended to help WRCOG member agencies develop and implement plans and programs that can improve the quality of life in Western Riverside County by addressing critical growth components such as economy, water, education, environment, health, and transportation (`BEYOND"). B. For Round I of BEYOND, which launched in Fiscal Year 2015/2016, WRCOG has allocated one million eight-hundred thousand dollars ($1,800,000) for use by WRCOG member agencies through BEYOND ("Program Funds"). Funding allocations for Round I to each member agency are listed in Exhibit "A" attached hereto and incorporated herein by reference. C. WRCOG member agencies shall use these funds in any of the following manners: (1) to develop plans and/or implement projects consistent with WRCOG's Economic Development and Sustainability Framework Goals; (2) to provide a match for grants and other funding opportunities consistent with WRCOG's Economic Development and Sustainability Framework Goals; or (3) to pool resources with other member agencies for larger projects consistent with WRCOG's Economic Development and Sustainability Framework Goals. D. WRCOG has reviewed and approved the application submitted by the AGENCY for use of Program Funds to implement a project that is consistent with WRCOG's Economic Development and Sustainability Framework Goals, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release Program Funds to the AGENCY. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows: 1. Description of the Project. This Agreement is intended to distribute Program Funds to the AGENCY for TVE2 STEM and Youth Enrichment Program, (the "Project"). The Work, including a project schedule and a detailed scope of work, is more fully described in Exhibit"B" attached hereto and incorporated herein by reference ("Scope of Work") and, pursuant to Section 18 below, is subject to modification if requested by the AGENCY and approved by WRCOG. Page 1 of 18 20323.00005\24434070.1 PROJECT #: 2331-16-06 For Public Agency Use Only The Scope of Work shall also include the stated purpose(s) for which the Program Funds shall be used, and such stated purpose(s) shall be consistent with WRCOG's Economic Development and Sustainability Framework Goals set forth in Exhibit"C" attached hereto and incorporated herein by reference. 2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed FIFTEEN THOUSAND DOLLARS ($15,000.00), to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein ("Funding Amount"). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute Program Funds in excess of the maximum allocation identified in Exhibit "A". The Parties also acknowledge and agree that if the AGENCY does not use or need all of the funding allocated to the AGENCY for Round I, WRCOG is neither obligated nor required to distribute those remaining unused funds to the AGENCY during the next cycle, unless the Project is a multi-year effort, approved by WRCOG. 3. Project Costs Eligible for Advance/Reimbursement. The total Project costs ("Total Project Cost") may include the following items, among others, provided that such items are included in the Scope of Work attached hereto as Exhibit "B": (1) AGENCY and/or consultant costs associated with direct Project coordination and support such as staff time (including interns) and overhead (which may not exceed 25% of the Funding Amount); (2) Project materials; (3) events, workshops, and fairs; and (4) matches for grant applications when the Project meets at least one goal contained in WRCOG's Economic Development and Sustainability Framework Goals. The AGENCY's use of Program Funds to pay for the Total Project Cost shall be solely for the stated purpose(s) listed in the Scope of Work. In advance of incurring Project costs to be covered by Program Funds, WRCOG strongly encourages the AGENCY to contact WRCOG staff to confirm that those Project costs are eligible Project costs. 4. Ineligible Project Costs. The Total Project Cost shall not include expenses for items of work not included within, or for purposes other than those listed in, the Scope of Work, which shall be borne solely by the AGENCY without reimbursement. 5. Procedures for Distribution of Program Funds to AGENCY. a. Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY's payment of the invoices or demands for payment. When submitting an invoice, AGENCY shall indicate the general cost categories for which Program Funds are being used (e.g., labor, material, overhead, consultant, etc.) Documents evidencing the AGENCY'S payment of the invoices shall be retained for three (3) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly and not less often than quarterly. AGENCY may use the template invoice attached hereto as Exhibit "D" attached hereto and incorporated herein by reference. Page 2 of 18 20323.00005\24434070.1 PROJECT #: 2331-16-06 For Public Agency Use Only b. Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days after receipt by WRCOG of an invoice. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute, and payment for that disputed amount will be withheld, without interest, pending resolution of the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG's decision as to the eligibility of one or more invoices to WRCOG's Administration & Finance Committee, provided the AGENCY submits its request for appeal to WRCOG's Administration & Finance Committee within thirty (30) days of the meet and confer process. The WRCOG Administration & Finance Committee shall provide its recommendation in writing to the full WRCOG Executive Committee, which shall then decide whether the disputed amount is eligible for reimbursement by WRCOG. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY's submittal of invoices to WRCOG and WRCOG's consideration and payment of submitted invoices are set forth in Exhibit "E", attached hereto and incorporated herein by reference. c. Funding Amount/Adjustment. If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Total Project Cost, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within thirty (30) days of notification by WRCOG. The determination of whether WRCOG has provided reimbursement of ineligible Project costs shall be at the sole discretion of WRCOG. 6. Increases in Project Funding, The Funding Amount may, in WRCOG's sole discretion, be augmented with additional Program Funds by a written amendment to this Agreement approved by WRCOG's Executive Director. In no case shall the amount of Program Funds allocated to the AGENCY for the Project in Round I exceed the maximum funding allocation for the AGENCY, as listed in Exhibit"A". No such increased funding shall be expended to pay for any Project already completed. 7. Transfer of Program Funds to Another Entity. The AGENCY may not transfer or give Program Funds to another individual, entity, agency, or organization without the express written approval of WRCOG, provided that such approval shall be at the sole discretion of WRCOG. 8. Matching Funds. If the AGENCY intends to use Program Funds as matching funds for a grant opportunity, and that grant opportunity is unsuccessful, the AGENCY must notify WRCOG upon learning of the unsuccessful grant opportunity and shall use Program Funds in the following manner: Not Applicable ("Alternative Project"). Prior to the use of Program Funds for the Alternative Project, AGENCY shall submit and obtain WRCOG's approval of, pursuant to Section 18 of this Agreement, a revised Exhibit "B" containing the scope of work for the Alternative Project. Page 3 of 18 20323.00005\24434070.1 PROJECT 9: 2331-16-06 For Public Agency Use Only 9. Term/Completion Report. The term of this Agreement shall be from the date first herein above written until August 31, 2017, unless this Agreement is terminated pursuant to Section 13. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. Within 30 days of the completion of the Project, the AGENCY shall submit a final progress report (to be provided under separate cover) to WRCOG, providing the following information: description of Project outcomes, lessons learned, deliverables, summary of financials, and any other information as requested by WRCOG. 10. Representatives of the Parties. WRCOG's Executive Director, or his or her designee, shall serve as WRCOG's representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates Tom Garcia, Director of Public Works/City Engineer, or his or her designee, as the AGENCY's representative to WRCOG. The AGENCY's representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY's responsibility. The AGENCY shall work closely and cooperate fully with WRCOG's representative and any other agencies which may have jurisdiction over or an interest in the Project. 11. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY's sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement. 12. Review of Services/Progress Reports. The AGENCY shall allow WRCOG's Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met. 13. Termination. a. Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured. b. Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which Program Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute Program Funds to the AGENCY in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for Page 4 of 18 20323.00005\24434070.1 PROJECT #: 2331-16-06 For Public Agency Use Only the Project for which Program Funds have been provided. This Agreement shall terminate upon receipt by the non-terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which Program Funds have been provided. c. Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 14. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et SeMc., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys' fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et SeMc. 15. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project. The AGENCY, however, must submit to WRCOG at least two progress reports annually, regardless of whether WRCOG makes requests for such reports. 16. Indemnification. a. AGENCY Responsibilities. In addition to the indemnification required under Section 14, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys' fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. b. WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub-consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys' fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG. c. Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG's review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Page 5 of 18 20323.00005\24434070.1 PROJECT 9: 2331-16-06 For Public Agency Use Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY's negligent performance of this Agreement or supervision of any services provided to complete the Project. 17. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last. a. Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall: i. Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; ii. Be primary with respect to any insurance or self-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and iii. Contain standard separation of insured provisions. b. Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each accident. 18. Project Amendments. Any changes to the Scope of Work or the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG shall: (a) be requested in writing by the AGENCY and subject to the approval of WRCOG's Representative, provided that such approval shall be in the sole discretion of WRCOG's Representative, and (b) require an amendment to this Agreement in accordance with Section 30. 19. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 20. Limited Scope of Duties. WRCOG's and the AGENCY's duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a j ob site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project. Page 6 of 18 20323.00005\24434070.1 PROJECT 9: 2331-16-06 For Public Agency Use Only 21. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit. 22. Equal Opportunity Employ The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 23. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. 24. Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. 25. Time of Essence. Time is of the essence for each and every provision of this Agreement. 26. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 27. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose. 28. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Project. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA") and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project. 29. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: Page 7 of 18 20323.00005\24434070.1 PROJECT 9: 2331-16-06 For Public Agency Use Only If to AGENCY: City of Temecula 41000 Main Street Temecula, California 92590 Attention: Tom Garcia, Director of Public Works/City Engineer Telephone: (951) 694-6444 Facsimile: (951) 694-6475 tom.garcia@cityoftemecula.org If to WRCOG: Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3609 Attention: Jennifer Ward, Director of Government Relations Telephone: (951) 955-0186 Facsimile: (951) 787-7991 Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. 30. Integration, Amendment. This Agreement contains the entire agreement between the Parties. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the Parties. 31. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. 32. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the Agreement. 33. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 34. Effective Date. This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective. Page 8 of 18 20323.00005\24434070.1 PROJECT 9: 2331-16-06 :or Public Agency Use Only 35. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. [SIGNATURES ON FOLLOWING PAGE] Page 9 of 18 20323.00005\24434070.1 PROJECT #: 2331-16-06 -)r Public Agenr / Use Only IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above-written. WESTERN RIVERSIDE COUNCIL CITY OF TEMECULA OF GOVERNMENTS By: Date: By: Date: Rick Bishop Michael S. Naggar Executive Director Mayor Attest: By: Date: Randi Johl, City Clerk Approved to Form: Approved to Form: By: Date: By: Date: Steven C. DeBaun Peter M. Thorson General Counsel City Attorney Page 10 of 18 20323.00005\24434070.1 PROJECT #: 2331-16-06 For Public Agency Use Only EXHIBIT "A" MEMBER AGENCY FUNDING ALLOCATION Round I Member Agency Total Funds City of Banning $39,300 City of Calimesa $36,177 City of Canyon Lake $36,537 City of Corona $147,600 City of Eastvale $83,549 City of Hemet $86,597 City of Jurupa Valley $88,942 Project 1 $20,000 Project 2 $20,000 Project 3 $28,942 Project 4 $20,000 City of Lake Elsinore $83,238 City of Menifee $87,039 City of Moreno Valley $153,294 City of Murrieta $140,126 City of Norco $38,650 City of Perris $85,280 Project 1 $42,640 Project 2 $42,640 City of Riverside $169,740 City of San Jacinto $41,471 City of Temecula $140,357 Project 1 $2,500 Project 2 $15,000 Project 3 $15,000 Project 4 $20,000 Project 5 $72,857 Project 6 $15,000 City of Wildomar $39,814 County of Riverside $161,402 Project 1 $136,402 Project 2 $25,000 Eastern Municipal Water District $35,000 Project 1 $20,000 Project 2 $15,000 Western Municipal Water District $35,000 Project 1 $20,000 Project 2 $15,000 Riverside County Superintendent of Schools $35,000 Morongo Band of Mission Indians $35,000 Exhibit A Page 11 of 18 20323.00005\24434070.1 PROJECT 9: 2331-16-06 For Public Agen,-,t Use Only EXHIBIT `B" SCOPE OF WORK SCOPE OF WORK: Scope of Work The TVE' STEM and Youth Enrichment Program request is to cover the cost of learning devices (30 Chromebooks/charging cart) for STEM education programs, as well as the cost of the following City of Temecula Youth programs-Junior Women's STEM, Future Physicians Leaders, Youth Legal Program, and Youth Entrepreneurs Program. The Junior Women's STEM program encourages middle school females to pursue careers in the fields of science, technology, engineering, and mathematics. Future Physicians Leaders caters to a diverse group - from students to prospective medical student recruiters such as University of California, Riverside - by providing a program where students will have medical professional mentors and give their services to the community through physician shadowing rotations. Similar to Future Physicians Leaders, the Youth Legal Program serves prospective law students and their endeavors in the law field. Lastly, the City of Temecula supports student entrepreneurs and their innovative business ideas. By providing opportunities for educational growth for prospective students, the City of Temecula hopes to inspire students to become successful entrepreneurs. Budget 30 Chromebooks and 1 Charging Cart I See attached quote 1 $9031.60 Workshop materials ) Notepads. pens, certificates, easels, name tags. markers. refreshments, marketing/advertising ¢ $1,968.40 Administrative costs (time, etc.) 14 Interns to assist with program implementation - $101hr x 100 hours for each program = $1000 x 4 1 $4000.00 Total: $15,000.00 Exhibit B Page 12 of 18 20323.00005\24434070.1 PROJECT 9: 2331-16-06 For Public Agency Use Only Timeline Purchase of Chromebooks and Charging Cart: -within 60 days of funding Junior Women's Stem Program: 4 events (w/in 18 months) -1st event within 90 days of funding Future Physicians Leaders Program: -Summer 2016 (Tentative Dates 6/20/16-8/4/16, Tues-Thurs.) Youth Legal Program: -Summer 2016 (July/August) Youth Entrepreneur Program -Summer 2016 (Tentative Dates 6/21/16-6/30/16, Tues-Thurs.) Exhibit B Page 13 of 18 20323.00005\24434070.1 PROJECT #: 2331-16-06 For Public Agency Use Only EXHIBIT "C" ECONOMIC DEVELOPMENT AND SUSTAINABILITY FRAMEWORK GOALS Economic Development Goal ED-1: Vision and Branding: A common understanding of, and unified voice for, economic development needs, services, assets, and challenges. Goal ED-2: Subregional Capacity Building: A diversified,robust,and well-known array of economic development service providers supporting the growth and expansion of local businesses. Goal ED-3: Economic Development Activities: Effective and coordinated local and regional economic development activities. Education Goal E-1: New Partnerships: Unite with education and business leaders to increase the number of students who are college ready, enroll and graduate from college, and who achieve technical degrees that are in demand in Western Riverside County. Goal E-2: Education First Culture: Unite with education and business leaders to create an education first culture in Western Riverside County. Goal E-3: WRCOG Leadership: Integrate education into the WRCOG mission to improve partnerships between K-12 schools, colleges and universities,government, and businesses. Health Goal H-1: Health Care Access: Facilitate the conditions needed for a growing,viable, and integrated health care system in Western Riverside County. Goal H-2: Health Care Workforce: Advocate for a trained,home-grown workforce to serve the healthcare needs of Western Riverside County. Goal H-3: Healthy Environment: Support efforts of local jurisdictions,business, and regional government to improve the health of our region's environment. Goal H-4: Community Design: Facilitate local efforts to improve the opportunities and choices for a healthy and active lifestyle. Goal H-5: Implementation+Action: Facilitate local strategic planning that improves the health and wellness of residents and communities. Transportation Goal T-1: Transportation Programs: Continue to address regional transportation needs through ongoing collaboration and program administration. Goal T-2: Vehicle Miles Traveled: Reduce vehicle miles traveled and improve mobility for pedestrians,transit users, and bicyclists. Goal T3: Goods Movement: Support efforts to improve the sustainable and efficient movement of goods through Western Riverside County. Goal T-4: Air Transportation: Maintain and improve air transportation access. Exhibit C Page 14 of 18 20323.00005\24434070.1 PROJECT #: 2331-16-06 For Public Agency Use Only Water Goal W-1: Agency Coordination: Advocate for and support regional, state, and federal initiatives pertinent to the mission of the Riverside County Water Task Force. Goal W-2: Water Reliability: Advocate for and support efforts of local water districts to ensure long-term reliability of water supply for Western Riverside County. Goal W-3: Water Quality: Preserve and improve regional water quality. Goal W-4: Water Efficiency: Serve as a communication link and information clearinghouse on water efficiency issues for the benefit of member agencies,businesses, and residents. Energy/Environment Goal EE-1: Energy Efficiency Programs: Develop and support programs to reduce energy use and GHG emissions. Goal EE-2: Climate Action Planning: Provide assistance to the region on climate action planning and implementation. Goal EE-3: Air Quality Improvements: Partner with state and regional agencies to advocate and support efforts for cleaner air. Goal EE-4: Environment Conservation and Enhancement: Support regional plans and programs to maintain or improve the quality of the natural environment. Goal EE-5: Local Food Production: Advocate for and support regional efforts to maintain access to local food sources. Exhibit C Page 15 of 18 20323.00005\24434070.1 PROJECT #: 2331-16-06 For Public Agency Use Only EXHIBIT "D" TEMPLATE INVOICE Member Agency Invoice#: Address Date: City, State, Zip Code Bill to: Western Riverside Council of*Governments Attn: Ernie Reyna, Chie Financial Officer Purpose o Invoice:Beyond Initiative Expenses: List cost categories and itemizations here: Total Invoice Amount: $ Make check out to: Iff Contact Name: Title: Phone Number: Email Address: Exhibit D Page 16 of 18 20323.00005\24434070.1 PROJECT #: 2331-16-06 For Public Agency Use Only Elements of Compensation EXHIBIT "E" PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES 1. At least each quarter, and not more often than each month, the AGENCY shall submit an invoice for eligible Project costs incurred during the preceding time period. The original invoice shall be submitted to WRCOG's Chief Financial Officer. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit"E-1". 2. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 10th day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment. 3. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. All documentation from the AGENCY's contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit"E-1". 4. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit "E" and its attachment. 5. Charges for each task and milestone listed in Exhibit "B" shall be listed separately in the invoice. Exhibit E Page 17 of 18 20323.00005\24434070.1 PROJECT 9: 2331-16-06 For Public Agency Use Only EXHIBIT "E-I" Sample Cover Letter to WRCOG Date Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3679 Attention: Director of Government Relations ATTN: Accounts Payable Re: Project Title - Invoice # Enclosed for your review and payment approval is the AGENCY'S invoice for professional and technical services that was rendered by our contractors in connection with the [PROJECT NAME] per Agreement No. effective (Month/Day/Year) . The required support documentation received from each contractor is included as backup to the invoice. Invoice period covered is from Month/Date/Year to Month/Date/Year . Total Authorized Agreement Amount: $0,000,000.00 Total Invoiced to Date: $0,000,000.00 Total Previously Invoiced: $0,000,000.00 Balance Remaining: $0,000,000.00 Amount due this Invoice: $0,000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed. By: Name Title cc: Exhibit E-1 Page 18 of 18 20323.00005\24434070.1 PROJECT #: 2331-16-03 For Public Agency Use Only BEYOND FRAMEWORK FUND PROGRAM FUNDING AGREEMENT GROW TEMECULA VALLEY—AGRITOURISM AND FOODIE MARKETING CAMPAIGN THIS FUNDING AGREEMENT ("Agreement") is entered into as of this 22nd day of March, 2016, by and between the Western Riverside Council of Governments ("WRCOG'), a California joint powers authority and The City of Temecula ("AGENCY"). WRCOG and AGENCY are sometimes hereinafter referred to individually as "Party" and collectively as "Parties". RECITALS A. WRCOG is the Administrator of the BEYOND Framework Fund Program, an economic development and sustainability local assistance funding program intended to help WRCOG member agencies develop and implement plans and programs that can improve the quality of life in Western Riverside County by addressing critical growth components such as economy, water, education, environment, health, and transportation (`BEYOND"). B. For Round I of BEYOND, which launched in Fiscal Year 2015/2016, WRCOG has allocated one million eight-hundred thousand dollars ($1,800,000) for use by WRCOG member agencies through BEYOND ("Program Funds"). Funding allocations for Round I to each member agency are listed in Exhibit "A" attached hereto and incorporated herein by reference. C. WRCOG member agencies shall use these funds in any of the following manners: (1) to develop plans and/or implement projects consistent with WRCOG's Economic Development and Sustainability Framework Goals; (2) to provide a match for grants and other funding opportunities consistent with WRCOG's Economic Development and Sustainability Framework Goals; or (3) to pool resources with other member agencies for larger projects consistent with WRCOG's Economic Development and Sustainability Framework Goals. D. WRCOG has reviewed and approved the application submitted by the AGENCY for use of Program Funds to implement a project that is consistent with WRCOG's Economic Development and Sustainability Framework Goals, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release Program Funds to the AGENCY. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows: 1. Description of the Project. This Agreement is intended to distribute Program Funds to the AGENCY for Grow Temecula Valley — Agritourism and Foodie Marketing Campaign, (the "Project"). The Work, including a project schedule and a detailed scope of work, is more fully described in Exhibit "B" attached hereto and incorporated herein by reference ("Scope of Work") and, pursuant to Section 18 below, is subject to modification if requested by the AGENCY and approved by WRCOG. The Scope of Work shall also include the stated Page 1 of 17 20323.00005\24434070.1 PROJECT #: 2331-16-03 For Public Agency Use Only purpose(s) for which the Program Funds shall be used, and such stated purpose(s) shall be consistent with WRCOG's Economic Development and Sustainability Framework Goals set forth in Exhibit"C" attached hereto and incorporated herein by reference. 2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed FIFTEEN THOUSAND DOLLARS ($15,000.00), to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein ("Funding Amount"). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute Program Funds in excess of the maximum allocation identified in Exhibit "A". The Parties also acknowledge and agree that if the AGENCY does not use or need all of the funding allocated to the AGENCY for Round I, WRCOG is neither obligated nor required to distribute those remaining unused funds to the AGENCY during the next cycle, unless the Project is a multi-year effort, approved by WRCOG. 3. Project Costs Eligible for Advance/Reimbursement. The total Project costs ("Total Project Cost") may include the following items, among others, provided that such items are included in the Scope of Work attached hereto as Exhibit "B": (1) AGENCY and/or consultant costs associated with direct Project coordination and support such as staff time (including interns) and overhead (which may not exceed 25% of the Funding Amount); (2) Project materials; (3) events, workshops, and fairs; and (4) matches for grant applications when the Project meets at least one goal contained in WRCOG's Economic Development and Sustainability Framework Goals. The AGENCY's use of Program Funds to pay for the Total Project Cost shall be solely for the stated purpose(s) listed in the Scope of Work. In advance of incurring Project costs to be covered by Program Funds, WRCOG strongly encourages the AGENCY to contact WRCOG staff to confirm that those Project costs are eligible Project costs. 4. Ineligible Project Costs. The Total Project Cost shall not include expenses for items of work not included within, or for purposes other than those listed in, the Scope of Work, which shall be borne solely by the AGENCY without reimbursement. 5. Procedures for Distribution of Program Funds to AGENCY. a. Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY's payment of the invoices or demands for payment. When submitting an invoice, AGENCY shall indicate the general cost categories for which Program Funds are being used (e.g., labor, material, overhead, consultant, etc.) Documents evidencing the AGENCY'S payment of the invoices shall be retained for three (3) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly and not less often than quarterly. AGENCY may use the template invoice attached hereto as Exhibit "D" attached hereto and incorporated herein by reference. Page 2 of 17 20323.00005\24434070.1 PROJECT #: 2331-16-03 For Public Agency Use Only b. Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days after receipt by WRCOG of an invoice. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute, and payment for that disputed amount will be withheld, without interest, pending resolution of the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG's decision as to the eligibility of one or more invoices to WRCOG's Administration & Finance Committee, provided the AGENCY submits its request for appeal to WRCOG's Administration & Finance Committee within thirty (30) days of the meet and confer process. The WRCOG Administration & Finance Committee shall provide its recommendation in writing to the full WRCOG Executive Committee, which shall then decide whether the disputed amount is eligible for reimbursement by WRCOG. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY's submittal of invoices to WRCOG and WRCOG's consideration and payment of submitted invoices are set forth in Exhibit "E", attached hereto and incorporated herein by reference. c. Funding Amount/Adjustment. If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Total Project Cost, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within thirty (30) days of notification by WRCOG. The determination of whether WRCOG has provided reimbursement of ineligible Project costs shall be at the sole discretion of WRCOG. 6. Increases in Project Funding, The Funding Amount may, in WRCOG's sole discretion, be augmented with additional Program Funds by a written amendment to this Agreement approved by WRCOG's Executive Director. In no case shall the amount of Program Funds allocated to the AGENCY for the Project in Round I exceed the maximum funding allocation for the AGENCY, as listed in Exhibit"A". No such increased funding shall be expended to pay for any Project already completed. 7. Transfer of Program Funds to Another Entity. The AGENCY may not transfer or give Program Funds to another individual, entity, agency, or organization without the express written approval of WRCOG, provided that such approval shall be at the sole discretion of WRCOG. 8. Matching Funds. If the AGENCY intends to use Program Funds as matching funds for a grant opportunity, and that grant opportunity is unsuccessful, the AGENCY must notify WRCOG upon learning of the unsuccessful grant opportunity and shall use Program Funds in the following manner: Not Applicable ("Alternative Project"). Prior to the use of Program Funds for the Alternative Project, AGENCY shall submit and obtain WRCOG's approval of, pursuant to Section 18 of this Agreement, a revised Exhibit "B" containing the scope of work for the Alternative Project.] Page 3 of 17 20323.00005\24434070.1 PROJECT 9: 2331-16-03 For Public Agency Use Only 9. Term/Completion Report. The term of this Agreement shall be from the date first herein above written until August 31, 2017, unless this Agreement is terminated pursuant to Section 13. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. Within 30 days of the completion of the Project, the AGENCY shall submit a final progress report (to be provided under separate cover) to WRCOG, providing the following information: description of Project outcomes, lessons learned, deliverables, summary of financials, and any other information as requested by WRCOG. 10. Representatives of the Parties. WRCOG's Executive Director, or his or her designee, shall serve as WRCOG's representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates Tom Garcia, Director of Public Works/City Engineer, or his or her designee, as the AGENCY's representative to WRCOG. The AGENCY's representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY's responsibility. The AGENCY shall work closely and cooperate fully with WRCOG's representative and any other agencies which may have jurisdiction over or an interest in the Project. 11. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY's sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement. 12. Review of Services/Progress Reports. The AGENCY shall allow WRCOG's Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met. 13. Termination. a. Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured. b. Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which Program Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute Program Funds to the AGENCY in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for Page 4 of 17 20323.00005\24434070.1 PROJECT #: 2331-16-03 For Public Agency Use Only the Project for which Program Funds have been provided. This Agreement shall terminate upon receipt by the non-terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which Program Funds have been provided. c. Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 14. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et SeMc., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys' fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et SeMc. 15. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project. The AGENCY, however, must submit to WRCOG at least two progress reports annually, regardless of whether WRCOG makes requests for such reports. 16. Indemnification. a. AGENCY Responsibilities. In addition to the indemnification required under Section 14, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys' fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. b. WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub-consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys' fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG. c. Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG's review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Page 5 of 17 20323.00005\24434070.1 PROJECT 9: 2331-16-03 For Public Agency Use Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY's negligent performance of this Agreement or supervision of any services provided to complete the Project. 17. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last. a. Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall: i. Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; ii. Be primary with respect to any insurance or self-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and iii. Contain standard separation of insured provisions. b. Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each accident. 18. Project Amendments. Any changes to the Scope of Work or the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG shall: (a) be requested in writing by the AGENCY and subject to the approval of WRCOG's Representative, provided that such approval shall be in the sole discretion of WRCOG's Representative, and (b) require an amendment to this Agreement in accordance with Section 30. 19. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 20. Limited Scope of Duties. WRCOG's and the AGENCY's duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a j ob site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project. Page 6 of 17 20323.00005\24434070.1 PROJECT 9: 2331-16-03 For Public Agency Use Only 21. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit. 22. Equal Opportunity Employ The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 23. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. 24. Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. 25. Time of Essence. Time is of the essence for each and every provision of this Agreement. 26. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 27. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose. 28. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Project. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA") and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project. 29. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: Page 7 of 17 20323.00005\24434070.1 PROJECT 9: 2331-16-03 For Public Agency Use Only If to AGENCY: City of Temecula 41000 Main Street Temecula, California 92590 Attention: Tom Garcia, Director of Public Works/City Engineer Telephone: (951) 694-6444 Facsimile: (951) 694-6475 tom.garcia@cityoftemecula.org If to WRCOG: Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3609 Attention: Jennifer Ward, Director of Government Relations Telephone: (951) 955-0186 Facsimile: (951) 787-7991 Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. 30. Integration, Amendment. This Agreement contains the entire agreement between the Parties. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the Parties. 31. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. 32. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the Agreement. 33. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 34. Effective Date. This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective. Page 8 of 17 20323.00005\24434070.1 PROJECT 9: 2331-16-03 For Public Agency Use Only 35. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. [SIGNATURES ON FOLLOWING PAGE] Page 9 of 17 20323.00005\24434070.1 PROJECT #: 2331-16-03 -)r Public Agenr / Use Only IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above-written. WESTERN RIVERSIDE COUNCIL CITY OF TEMECULA OF GOVERNMENTS By: Date: By: Date: Rick Bishop Michael S. Naggar Executive Director Mayor Attest: By: Date: Randi Johl, City Clerk Approved to Form: Approved to Form: By: Date: By: Date: Steven C. DeBaun Peter M. Thorson General Counsel City Attorney Page 10 of 17 20323.00005\24434070.1 c PROJECT #: 2331-16-03 For Public Agency Use Only EXHIBIT "A" MEMBER AGENCY FUNDING ALLOCATION Round I Member Agency Total Funds City of Banning $39,300 City of Calimesa $36,177 City of Canyon Lake $36,537 City of Corona $147,600 City of Eastvale $83,549 City of Hemet $86,597 City of Jurupa Valley $88,942 Project 1 $20,000 Project 2 $20,000 Project 3 $28,942 Project 4 $20,000 City of Lake Elsinore $83,238 City of Menifee $87,039 City of Moreno Valley $153,294 City of Murrieta $140,126 City of Norco $38,650 City of Perris $85,280 Project 1 $42,640 Project 2 $42,640 City of Riverside $169,740 City of San Jacinto $41,471 City of Temecula $140,357 Project 1 $2,500 Project 2 $15,000 Project 3 $15,000 Project 4 $20,000 Project 5 $72,857 Project 6 $15,000 City of Wildomar $39,814 County of Riverside $161,402 Project 1 $136,402 Project 2 $25,000 Eastern Municipal Water District $35,000 Project 1 $20,000 Project 2 $15,000 Western Municipal Water District $35,000 Project 1 $20,000 Project 2 $15,000 Riverside County Superintendent of Schools $35,000 Morongo Band of Mission Indians $35,000 Exhibit A Page 11 of 17 20323.00005\24434070.1 PROJECT #: 2331-16-03 For Public Agen,-,t Use Only EXHIBIT `B" SCOPE OF WORK SCOPE OF WORK: Scope of Work There are two major tasks that the Grow Temecula Valley campaign will take on.Grow Temecula Valley will carry out a marketing campaign that will promote the awareness of farm-to-table, agri-tourism, and agriculture in our valley. . The City of Temecula will create a logo to brand the effort. We will also be creating a brochure to promote Grow Temecula Valley awareness. Second, Grow Temecula Valley will be hosting a Grow Temecula Valley Symposium to bring awareness to our efforts to support the agriculture community. Our workshop will bring together our local experts to share their stories with chefs and consumers. Budget Create marketing logo/branding: $1,000 Design and printing of brochure: $6,000 Grow Temecula Conference: $4,000 Adminitrative costs: 4 interns to assist with program implementation-$10fhr x 100 hours _ $1,000x4 $4,000 Grand Total for Grow Temecula Valley : $15,000 Schedule Item Expected Completion Marketing Logo June 2016 Marketing Brochure September 2016 Grow Temecula Conference April 2017 Exhibit B Page 12 of 17 20323.00005\24434070.1 PROJECT #: 2331-16-03 For Public Agency Use Only EXHIBIT "C" ECONOMIC DEVELOPMENT AND SUSTAINABILITY FRAMEWORK GOALS Economic Development Goal ED-1: Vision and Branding: A common understanding of, and unified voice for, economic development needs, services, assets, and challenges. Goal ED-2: Subregional Capacity Building: A diversified,robust,and well-known array of economic development service providers supporting the growth and expansion of local businesses. Goal ED-3: Economic Development Activities: Effective and coordinated local and regional economic development activities. Education Goal E-1: New Partnerships: Unite with education and business leaders to increase the number of students who are college ready, enroll and graduate from college, and who achieve technical degrees that are in demand in Western Riverside County. Goal E-2: Education First Culture: Unite with education and business leaders to create an education first culture in Western Riverside County. Goal E-3: WRCOG Leadership: Integrate education into the WRCOG mission to improve partnerships between K-12 schools, colleges and universities,government, and businesses. Health Goal H-1: Health Care Access: Facilitate the conditions needed for a growing,viable, and integrated health care system in Western Riverside County. Goal H-2: Health Care Workforce: Advocate for a trained,home-grown workforce to serve the healthcare needs of Western Riverside County. Goal H-3: Healthy Environment: Support efforts of local jurisdictions,business, and regional government to improve the health of our region's environment. Goal H-4: Community Design: Facilitate local efforts to improve the opportunities and choices for a healthy and active lifestyle. Goal H-5: Implementation+Action: Facilitate local strategic planning that improves the health and wellness of residents and communities. Transportation Goal T-1: Transportation Programs: Continue to address regional transportation needs through ongoing collaboration and program administration. Goal T-2: Vehicle Miles Traveled: Reduce vehicle miles traveled and improve mobility for pedestrians,transit users, and bicyclists. Goal T3: Goods Movement: Support efforts to improve the sustainable and efficient movement of goods through Western Riverside County. Goal T-4: Air Transportation: Maintain and improve air transportation access. Exhibit C Page 13 of 17 20323.00005\24434070.1 PROJECT #: 2331-16-03 For Public Agency Use Only Water Goal W-1: Agency Coordination: Advocate for and support regional, state, and federal initiatives pertinent to the mission of the Riverside County Water Task Force. Goal W-2: Water Reliability: Advocate for and support efforts of local water districts to ensure long-term reliability of water supply for Western Riverside County. Goal W-3: Water Quality: Preserve and improve regional water quality. Goal W-4: Water Efficiency: Serve as a communication link and information clearinghouse on water efficiency issues for the benefit of member agencies,businesses, and residents. Energy/Environment Goal EE-1: Energy Efficiency Programs: Develop and support programs to reduce energy use and GHG emissions. Goal EE-2: Climate Action Planning: Provide assistance to the region on climate action planning and implementation. Goal EE-3: Air Quality Improvements: Partner with state and regional agencies to advocate and support efforts for cleaner air. Goal EE-4: Environment Conservation and Enhancement: Support regional plans and programs to maintain or improve the quality of the natural environment. Goal EE-5: Local Food Production: Advocate for and support regional efforts to maintain access to local food sources. Exhibit C Page 14 of 17 20323.00005\24434070.1 PROJECT #: 2331-16-03 For Public Agency Use Only EXHIBIT "D" TEMPLATE INVOICE Member Agency Invoice#: Address Date: City, State, Zip Code Bill to: Western Riverside Council of*Governments Attn: Ernie Reyna, Chie Financial Officer Purpose o Invoice:Beyond Initiative Expenses: List cost categories and itemizations here: Total Invoice Amount: $ Make check out to: Iff Contact Name: Title: Phone Number: Email Address: Exhibit D Page 15 of 17 20323.00005\24434070.1 PROJECT #: 2331-16-03 For Public Agency Use Only Elements of Compensation EXHIBIT "E" PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES 1. At least each quarter, and not more often than each month, the AGENCY shall submit an invoice for eligible Project costs incurred during the preceding time period. The original invoice shall be submitted to WRCOG's Chief Financial Officer. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit"E-1". 2. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 10th day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment. 3. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. All documentation from the AGENCY's contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit"E-1". 4. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit "E" and its attachment. 5. Charges for each task and milestone listed in Exhibit "B" shall be listed separately in the invoice. Exhibit E Page 16 of 17 20323.00005\24434070.1 PROJECT 9: 2331-16-03 For Public Agency Use Only EXHIBIT "E-I" Sample Cover Letter to WRCOG Date Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3679 Attention: Director of Government Relations ATTN: Accounts Payable Re: Project Title - Invoice # Enclosed for your review and payment approval is the AGENCY'S invoice for professional and technical services that was rendered by our contractors in connection with the [PROJECT NAME] per Agreement No. effective (Month/Day/Year) . The required support documentation received from each contractor is included as backup to the invoice. Invoice period covered is from Month/Date/Year to Month/Date/Year . Total Authorized Agreement Amount: $0,000,000.00 Total Invoiced to Date: $0,000,000.00 Total Previously Invoiced: $0,000,000.00 Balance Remaining: $0,000,000.00 Amount due this Invoice: $0,000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed. By: Name Title cc: Exhibit E-1 Page 17 of 17 20323.00005\24434070.1 PROJECT #: 2331-16-05 For Public Agency Use Only BEYOND FRAMEWORK FUND PROGRAM FUNDING AGREEMENT SIXTH STREET SIDEWALKS IMPROVEMENTS THIS FUNDING AGREEMENT ("Agreement") is entered into as of this 22nd day of March, 2016, by and between the Western Riverside Council of Governments ("WRCOG'), a California joint powers authority and The City of Temecula ("AGENCY"). WRCOG and AGENCY are sometimes hereinafter referred to individually as "Party" and collectively as "Parties". RECITALS A. WRCOG is the Administrator of the BEYOND Framework Fund Program, an economic development and sustainability local assistance funding program intended to help WRCOG member agencies develop and implement plans and programs that can improve the quality of life in Western Riverside County by addressing critical growth components such as economy, water, education, environment, health, and transportation (`BEYOND"). B. For Round I of BEYOND, which launched in Fiscal Year 2015/2016, WRCOG has allocated one million eight-hundred thousand dollars ($1,800,000) for use by WRCOG member agencies through BEYOND ("Program Funds"). Funding allocations for Round I to each member agency are listed in Exhibit "A" attached hereto and incorporated herein by reference. C. WRCOG member agencies shall use these funds in any of the following manners: (1) to develop plans and/or implement projects consistent with WRCOG's Economic Development and Sustainability Framework Goals; (2) to provide a match for grants and other funding opportunities consistent with WRCOG's Economic Development and Sustainability Framework Goals; or (3) to pool resources with other member agencies for larger projects consistent with WRCOG's Economic Development and Sustainability Framework Goals. D. WRCOG has reviewed and approved the application submitted by the AGENCY for use of Program Funds to implement a project that is consistent with WRCOG's Economic Development and Sustainability Framework Goals, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release Program Funds to the AGENCY. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows: 1. Description of the Project. This Agreement is intended to distribute Program Funds to the AGENCY for Sixth Street Sidewalk Improvements, (the "Project"). The Work, including a project schedule and a detailed scope of work, is more fully described in Exhibit "B" attached hereto and incorporated herein by reference ("Scope of Work") and, pursuant to Section 18 below, is subject to modification if requested by the AGENCY and approved by WRCOG. The Page 1 of 18 20323.00005\24434070.1 PROJECT #: 2331-16-05 For Public Agency Use Only Scope of Work shall also include the stated purpose(s) for which the Program Funds shall be used, and such stated purpose(s) shall be consistent with WRCOG's Economic Development and Sustainability Framework Goals set forth in Exhibit"C" attached hereto and incorporated herein by reference. 2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed SEVENTY-TWO THOUSAND EIGHT HUNDRED FIFTY-SEVEN DOLLARS ($72,857.00), to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein ("Funding Amount"). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute Program Funds in excess of the maximum allocation identified in Exhibit "A". The Parties also acknowledge and agree that if the AGENCY does not use or need all of the funding allocated to the AGENCY for Round I, WRCOG is neither obligated nor required to distribute those remaining unused funds to the AGENCY during the next cycle, unless the Project is a multi-year effort, approved by WRCOG. 3. Project Costs Eligible for Advance/Reimbursement. The total Project costs ("Total Project Cost") may include the following items, among others, provided that such items are included in the Scope of Work attached hereto as Exhibit "B": (1) AGENCY and/or consultant costs associated with direct Project coordination and support such as staff time (including interns) and overhead (which may not exceed 25% of the Funding Amount); (2) Project materials; (3) events, workshops, and fairs; and (4) matches for grant applications when the Project meets at least one goal contained in WRCOG's Economic Development and Sustainability Framework Goals. The AGENCY's use of Program Funds to pay for the Total Project Cost shall be solely for the stated purpose(s) listed in the Scope of Work. In advance of incurring Project costs to be covered by Program Funds, WRCOG strongly encourages the AGENCY to contact WRCOG staff to confirm that those Project costs are eligible Project costs. 4. Ineligible Project Costs. The Total Project Cost shall not include expenses for items of work not included within, or for purposes other than those listed in, the Scope of Work, which shall be borne solely by the AGENCY without reimbursement. 5. Procedures for Distribution of Program Funds to AGENCY. a. Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY's payment of the invoices or demands for payment. When submitting an invoice, AGENCY shall indicate the general cost categories for which Program Funds are being used (e.g., labor, material, overhead, consultant, etc.) Documents evidencing the AGENCY'S payment of the invoices shall be retained for three (3) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly and not less often than quarterly. AGENCY may use the template invoice attached hereto as Exhibit "D" attached hereto and incorporated herein by reference. Page 2 of 18 20323.00005\24434070.1 PROJECT #: 2331-16-05 For Public Agency Use Only b. Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days after receipt by WRCOG of an invoice. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute, and payment for that disputed amount will be withheld, without interest, pending resolution of the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG's decision as to the eligibility of one or more invoices to WRCOG's Administration & Finance Committee, provided the AGENCY submits its request for appeal to WRCOG's Administration & Finance Committee within thirty (30) days of the meet and confer process. The WRCOG Administration & Finance Committee shall provide its recommendation in writing to the full WRCOG Executive Committee, which shall then decide whether the disputed amount is eligible for reimbursement by WRCOG. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY's submittal of invoices to WRCOG and WRCOG's consideration and payment of submitted invoices are set forth in Exhibit "E", attached hereto and incorporated herein by reference. c. Funding Amount/Adjustment. If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Total Project Cost, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within thirty (30) days of notification by WRCOG. The determination of whether WRCOG has provided reimbursement of ineligible Project costs shall be at the sole discretion of WRCOG. 6. Increases in Project Funding, The Funding Amount may, in WRCOG's sole discretion, be augmented with additional Program Funds by a written amendment to this Agreement approved by WRCOG's Executive Director. In no case shall the amount of Program Funds allocated to the AGENCY for the Project in Round I exceed the maximum funding allocation for the AGENCY, as listed in Exhibit"A". No such increased funding shall be expended to pay for any Project already completed. 7. Transfer of Program Funds to Another Entity. The AGENCY may not transfer or give Program Funds to another individual, entity, agency, or organization without the express written approval of WRCOG, provided that such approval shall be at the sole discretion of WRCOG. 8. Matching Funds. If the AGENCY intends to use Program Funds as matching funds for a grant opportunity, and that grant opportunity is unsuccessful, the AGENCY must notify WRCOG upon learning of the unsuccessful grant opportunity and shall use Program Funds in the following manner: Not Applicable ("Alternative Project"). Prior to the use of Program Funds for the Alternative Project, AGENCY shall submit and obtain WRCOG's approval of, pursuant to Section 18 of this Agreement, a revised Exhibit "B" containing the scope of work for the Alternative Project. Page 3 of 18 20323.00005\24434070.1 PROJECT 9: 2331-16-05 For Public Agency Use Only 9. Term/Completion Report. The term of this Agreement shall be from the date first herein above written until August 31, 2017, unless this Agreement is terminated pursuant to Section 13. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. Within 30 days of the completion of the Project, the AGENCY shall submit a final progress report (to be provided under separate cover) to WRCOG, providing the following information: description of Project outcomes, lessons learned, deliverables, summary of financials, and any other information as requested by WRCOG. 10. Representatives of the Parties. WRCOG's Executive Director, or his or her designee, shall serve as WRCOG's representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates Tom Garcia, Director of Public Works/City Engineer, or his or her designee, as the AGENCY's representative to WRCOG. The AGENCY's representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY's responsibility. The AGENCY shall work closely and cooperate fully with WRCOG's representative and any other agencies which may have jurisdiction over or an interest in the Project. 11. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY's sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement. 12. Review of Services/Progress Reports. The AGENCY shall allow WRCOG's Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met. 13. Termination. a. Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured. b. Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which Program Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute Program Funds to the AGENCY in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for Page 4 of 18 20323.00005\24434070.1 PROJECT #: 2331-16-05 For Public Agency Use Only the Project for which Program Funds have been provided. This Agreement shall terminate upon receipt by the non-terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which Program Funds have been provided. c. Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 14. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et SeMc., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys' fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et SeMc. 15. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project. The AGENCY, however, must submit to WRCOG at least two progress reports annually, regardless of whether WRCOG makes requests for such reports. 16. Indemnification. a. AGENCY Responsibilities. In addition to the indemnification required under Section 14, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys' fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. b. WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub-consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys' fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG. c. Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG's review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Page 5 of 18 20323.00005\24434070.1 PROJECT 9: 2331-16-05 For Public Agency Use Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY's negligent performance of this Agreement or supervision of any services provided to complete the Project. 17. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last. a. Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall: i. Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; ii. Be primary with respect to any insurance or self-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and iii. Contain standard separation of insured provisions. b. Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each accident. 18. Project Amendments. Any changes to the Scope of Work or the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG shall: (a) be requested in writing by the AGENCY and subject to the approval of WRCOG's Representative, provided that such approval shall be in the sole discretion of WRCOG's Representative, and (b) require an amendment to this Agreement in accordance with Section 30. 19. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 20. Limited Scope of Duties. WRCOG's and the AGENCY's duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a j ob site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project. Page 6 of 18 20323.00005\24434070.1 PROJECT 9: 2331-16-05 For Public Agency Use Only 21. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit. 22. Equal Opportunity Employ The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 23. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. 24. Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. 25. Time of Essence. Time is of the essence for each and every provision of this Agreement. 26. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 27. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose. 28. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Project. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA") and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project. 29. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: Page 7 of 18 20323.00005\24434070.1 PROJECT 9: 2331-16-05 For Public Agency Use Only If to AGENCY: City of Temecula 41000 Main Street Temecula, California 92590 Attention: Tom Garcia, Director of Public Works/City Engineer Telephone: (951) 694-6444 Facsimile: (951) 694-6475 tom.garcia@cityoftemecula.org If to WRCOG: Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3609 Attention: Jennifer Ward, Director of Government Relations Telephone: (951) 955-0186 Facsimile: (951) 787-7991 Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. 30. Integration, Amendment. This Agreement contains the entire agreement between the Parties. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the Parties. 31. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. 32. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the Agreement. 33. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 34. Effective Date. This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective. Page 8 of 18 20323.00005\24434070.1 PROJECT 9: 2331-16-05 For Public Agency Use Only 35. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. [SIGNATURES ON FOLLOWING PAGE] Page 9 of 18 20323.00005\24434070.1 PROJECT #: 2331-16-05 -)r Public Agenr / Use Only IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above-written. WESTERN RIVERSIDE COUNCIL CITY OF TEMECULA OF GOVERNMENTS By: Date: By: Date: Rick Bishop Michael S. Naggar Executive Director Mayor Attest: By: Date: Randi Johl, City Clerk Approved to Form: Approved to Form: By: Date: By: Date: Steven C. DeBaun Peter M. Thorson General Counsel City Attorney Ce Page 10 of 18 20323.00005\24434070.1 PROJECT #: 2331-16-05 For Public Agency Use Only EXHIBIT "A" MEMBER AGENCY FUNDING ALLOCATION Round I Member Agency Total Funds City of Banning $39,300 City of Calimesa $36,177 City of Canyon Lake $36,537 City of Corona $147,600 City of Eastvale $83,549 City of Hemet $86,597 City of Jurupa Valley $88,942 Project 1 $20,000 Project 2 $20,000 Project 3 $28,942 Project 4 $20,000 City of Lake Elsinore $83,238 City of Menifee $87,039 City of Moreno Valley $153,294 City of Murrieta $140,126 City of Norco $38,650 City of Perris $85,280 Project 1 $42,640 Project 2 $42,640 City of Riverside $169,740 City of San Jacinto $41,471 City of Temecula $140,357 Project 1 $2,500 Project 2 $15,000 Project 3 $15,000 Project 4 $20,000 Project 5 $72,857 Project 6 $15,000 City of Wildomar $39,814 County of Riverside $161,402 Project 1 $136,402 Project 2 $25,000 Eastern Municipal Water District $35,000 Project 1 $20,000 Project 2 $15,000 Western Municipal Water District $35,000 Project 1 $20,000 Project 2 $15,000 Riverside County Superintendent of Schools $35,000 Morongo Band of Mission Indians $35,000 Exhibit A Page 11 of 18 20323.00005\24434070.1 PROJECT #: 2331-16-05 For Public Agen,-,t Use Only EXHIBIT `B" SCOPE OF WORK SCOPE OF WORK: Scope of Work The proposed Six Street Sidewalk Improvements project will include design and construction of sidewalk improvements along Sixth Street, between Mercedes Street and the Mary Phillips Senior Center driveway entrance, in Old Town Temecula. Major Tasks Milestones ■Design 3 -6 months RFP Design Contract Services Construction 3 months Formal Bid Contract Award Construction - demolitiontgrading, installation of rolled curb&gutter, sidewalk improvements, ADA access ramps, improved driveway access, miscellaneous street improvements and utilities as needed and to adjust to grade e Project Close-out 2 months Final Billing City Council Acceptance Exhibit B Page 12 of 18 20323.00005\24434070.1 PROJECT #: 2331-16-05 For Public Agency Use Only Budget WRCOG BEYOND Framework Fund Program Sixth Street Sidewalk Improvements Project Cost EstimateiBudget Sixth Street: North side between Mercedes Street and the Mary Phillips Senior Center Width Length Total Unit Cost Total Rolled Curb&Gutter 250 250 LF $25 $6.250 Sidewalk(assumed 6'width) 6 220 1.320 SF $10 $13.200 Perimeter Landscaping(4'width) 4 220 880 SF $18 $15,840 Access Ramp(at Mercedes) 1 LS $2,812 $2.812 Driveway(Mary Phillips Senior Center) 1 LS S3,805 53,805 Landscape irrigation 1 LS $3,750 $3,750 Utility!Adjustment to Grade irrigation or landscaping adjustments 1 LS $5.000 55,000 DemoLtion and grading 1 LS $7,200 $7,200 Miscellaneous Street improvements to accommodate proposed curb&gutter and sidewalk 1 LS $15,000 $15000 Total $72,857 Timeline Maj or Tasks Milestones • Design July 2016-Feb 2017 (3 — 6 mos.) • RFP • Design Contract Services • Construction Feb 2017-April 2017 (3 mos.) • Formal Bid • Contract Award • Construction— demolition/grading, installation of rolled curb & gutter, sidewalk improvements, ADA access ramps, improved driveway access, miscellaneous street improvements and utilities as needed and to adjust to grade • Project Close-out May 2017—June 2017 (2 mos.) • Final Billing • City Council Acceptance Exhibit B Page 13 of 18 20323.00005\24434070.1 PROJECT #: 2331-16-05 For Public Agency Use Only EXHIBIT "C" ECONOMIC DEVELOPMENT AND SUSTAINABILITY FRAMEWORK GOALS Economic Development Goal ED-1: Vision and Branding: A common understanding of, and unified voice for, economic development needs, services, assets, and challenges. Goal ED-2: Subregional Capacity Building: A diversified,robust,and well-known array of economic development service providers supporting the growth and expansion of local businesses. Goal ED-3: Economic Development Activities: Effective and coordinated local and regional economic development activities. Education Goal E-1: New Partnerships: Unite with education and business leaders to increase the number of students who are college ready, enroll and graduate from college, and who achieve technical degrees that are in demand in Western Riverside County. Goal E-2: Education First Culture: Unite with education and business leaders to create an education first culture in Western Riverside County. Goal E-3: WRCOG Leadership: Integrate education into the WRCOG mission to improve partnerships between K-12 schools, colleges and universities,government, and businesses. Health Goal H-1: Health Care Access: Facilitate the conditions needed for a growing,viable, and integrated health care system in Western Riverside County. Goal H-2: Health Care Workforce: Advocate for a trained,home-grown workforce to serve the healthcare needs of Western Riverside County. Goal H-3: Healthy Environment: Support efforts of local jurisdictions,business, and regional government to improve the health of our region's environment. Goal H-4: Community Design: Facilitate local efforts to improve the opportunities and choices for a healthy and active lifestyle. Goal H-5: Implementation+Action: Facilitate local strategic planning that improves the health and wellness of residents and communities. Transportation Goal T-1: Transportation Programs: Continue to address regional transportation needs through ongoing collaboration and program administration. Goal T-2: Vehicle Miles Traveled: Reduce vehicle miles traveled and improve mobility for pedestrians,transit users, and bicyclists. Goal T3: Goods Movement: Support efforts to improve the sustainable and efficient movement of goods through Western Riverside County. Goal T-4: Air Transportation: Maintain and improve air transportation access. Exhibit C Page 14 of 18 20323.00005\24434070.1 PROJECT #: 2331-16-05 For Public Agency Use Only Water Goal W-1: Agency Coordination: Advocate for and support regional, state, and federal initiatives pertinent to the mission of the Riverside County Water Task Force. Goal W-2: Water Reliability: Advocate for and support efforts of local water districts to ensure long-term reliability of water supply for Western Riverside County. Goal W-3: Water Quality: Preserve and improve regional water quality. Goal W-4: Water Efficiency: Serve as a communication link and information clearinghouse on water efficiency issues for the benefit of member agencies,businesses, and residents. Energy/Environment Goal EE-1: Energy Efficiency Programs: Develop and support programs to reduce energy use and GHG emissions. Goal EE-2: Climate Action Planning: Provide assistance to the region on climate action planning and implementation. Goal EE-3: Air Quality Improvements: Partner with state and regional agencies to advocate and support efforts for cleaner air. Goal EE-4: Environment Conservation and Enhancement: Support regional plans and programs to maintain or improve the quality of the natural environment. Goal EE-5: Local Food Production: Advocate for and support regional efforts to maintain access to local food sources. Exhibit C Page 15 of 18 20323.00005\24434070.1 PROJECT #: 2331-16-05 For Public Agency Use Only EXHIBIT "D" TEMPLATE INVOICE Member Agency Invoice#: Address Date: City, State, Zip Code Bill to: Western Riverside Council of*Governments Attn: Ernie Reyna, Chie Financial Officer Purpose o Invoice:Beyond Initiative Expenses: List cost categories and itemizations here: Total Invoice Amount: $ Make check out to: Iff Contact Name: Title: Phone Number: Email Address: Exhibit D Page 16 of 18 20323.00005\24434070.1 PROJECT #: 2331-16-05 For Public Agency Use Only Elements of Compensation EXHIBIT "E" PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES 1. At least each quarter, and not more often than each month, the AGENCY shall submit an invoice for eligible Project costs incurred during the preceding time period. The original invoice shall be submitted to WRCOG's Chief Financial Officer. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit"E-1". 2. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 10th day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment. 3. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. All documentation from the AGENCY's contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit"E-1". 4. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit "E" and its attachment. 5. Charges for each task and milestone listed in Exhibit "B" shall be listed separately in the invoice. Exhibit E Page 17 of 18 20323.00005\24434070.1 PROJECT 9: 2331-16-05 For Public Agency Use Only EXHIBIT "E-I" Sample Cover Letter to WRCOG Date Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3679 Attention: Director of Government Relations ATTN: Accounts Payable Re: Project Title - Invoice # Enclosed for your review and payment approval is the AGENCY'S invoice for professional and technical services that was rendered by our contractors in connection with the [PROJECT NAME] per Agreement No. effective (Month/Day/Year) . The required support documentation received from each contractor is included as backup to the invoice. Invoice period covered is from Month/Date/Year to Month/Date/Year . Total Authorized Agreement Amount: $0,000,000.00 Total Invoiced to Date: $0,000,000.00 Total Previously Invoiced: $0,000,000.00 Balance Remaining: $0,000,000.00 Amount due this Invoice: $0,000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed. By: Name Title cc: Exhibit E-1 Page 18 of 18 20323.00005\24434070.1 Item No . 9 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas W. Garcia, Director of Public Works/City Engineer DATE: March 22, 2016 SUBJECT: Approve a Declaration of Covenants, Conditions and Restrictions (Public Street Dedication)for Public Improvements in Connection with the Interstate 15 / State Route 79 South Ultimate Interchange Project, PW04-08 PREPARED BY: Amer Attar, Principal Engineer Avlin R. Odviar, Senior Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (PUBLIC STREET DEDICATION) IN CONNECTION WITH THE INTERSTATE 15 / STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE PROJECT, PW04-08 BACKGROUND: On September 11, 2013, the City acquired the real property located at 44987 Old Town Front Street (Assessor's Parcel Nos. 922-210-057, 922-210-058, and 922-210-059), which is improved with an ARCO Gas Station, in connection with the Interstate-15/ State Route 79 South Ultimate Interchange project. The gas station's northerly property line, where it abuts Temecula Parkway west of Old Town Front Street, is approximately coincident with the back of the existing sidewalk. The proposed public street improvements, including drainage, public utilities, and appurtenances for Temecula Parkway, however, require an additional 12 feet of right of way beyond the existing sidewalk/property line. The attached Declaration of Covenants, Conditions and Restrictions (Public Street Dedication) dedicates a portion of APN 922-210-057 for public street, drainage, and public utility purposes, generally described as the 12-foot wide strip at the northerly property line including corner cut at the intersection of Temecula Parkway and Old Town Front Street. The public street dedication area is described on Exhibit "A-1" and depicted on Exhibit "B-1" to the Declaration. The Declaration establishes covenants running with the land and are binding on all parties that may have or may acquire right, title or interest in APN 922-210-057. The City would record the Declaration in the Official Records of the County of Riverside if it is approved by the City Council. FISCAL IMPACT: There is no cost associated with the approval of this declaration. ATTACHMENTS: 1. Resolution 2. Declaration of Covenants, Conditions and Restrictions (Public Street Dedication) 3. Project Description 4. Project Location RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (PUBLIC STREET DEDICATION) IN CONNECTION WITH THE INTERSTATE 15 / STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE PROJECT, PW04-08 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California. B. The City of Temecula and the California Department of Transportation (Caltrans) have worked cooperatively on the proposed Interstate 15 / State Route 79 South Ultimate Interchange Project, PW04-08 ("Project"). The Project would modify the existing interchange to address operational deficiencies and accommodate anticipated local and regional traffic increases. Improvements include reconfiguration of the southbound ramps, widening of the northbound ramps, and widening of State Route 79 South. C. In 2009, Caltrans approved the Project through approval of the Project Report on October 8, 2009, approval of the Initial Study with Negative Declaration on June 10, 2009 in accordance with the California Environmental Quality Act, and approval of the Categorical Exclusion on June 10, 2009 in accordance with the National Environmental Policy Act. The Project Report, Initial Study with Negative Declaration and Categorical Exclusion (collectively "Negative Declaration and CE") include the real property commonly known as 44987 Old Town Front Street, Temecula, and identified as Riverside County Assessor's Parcel Numbers ("APN") 922-210-057, 922-210-058 and 922-210-059 ("Property"). As part of subsequent, design-level evaluation it was determined that the Project required the full acquisition of the Property due to impacts on the highest and best use of which the Property was operating. Further environmental analysis was completed for the Project in connection with (i) the Environmental Re-Validation and Addendum to the Negative Declaration and CE dated January 2011, and (ii) the Environmental Re-Validation and Addendum to the Negative Declaration and CE dated March 2015 (collectively "Environmental Re-Validations and Addendums"). These Environmental Re-Validations and Addendums analyzed modifications to the Project, including routing of utility relocations, acquistion of the entire Property, and addition of crosswalks and ADA ramps at Bedford Court and Temecula Parkway. The City acquired the Property pursuant to the Grant Deed recorded on September 11, 2013 as Document Number 2013-0442977 of Official Records of the County of Riverside. 1 D. The northerly property line of APN 922-210-057, where it abuts Temecula Parkway west of Old Town Front Street, is approximately coincident with the back of the existing sidewalk. The proposed public street improvements, drainage, public utilities, and appurtenances for Temecula Parkway that will be constructed as part of the Project require an additional 12 feet of right of way beyond the existing sidewalk/property line. It is in the public interest and necessity for the City to dedicate an approximate 12-foot wide portion of APN 922-210-057 located at the northerly property line including corner cut at the intersection of Temecula Parkway and Old Town Front Street for public street, drainage and public utility purposes to construct the Project, as planned and designed. Section 2. Approval of Declaration of Covenants, Conditions and Restrictions (Public Street Dedication). The City Council of the City of Temecula hereby approves that certain Declaration of Covenants, Conditions and Restrictions (Public Street Dedication) ("Declaration"), with such changes as may be deemed necessary by the City Manager to effectuate the Public Street Dedication as are in substantial conformance with the form of such Declaration on file in the Office of the City Clerk. The Mayor is hereby authorized to execute said Declaration on behalf of the City. A copy of the recorded Declaration shall be placed on file in the Office of the City Clerk. Section 3. City Manager's Authority. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to implement the Public Street Dedication, including executing any other documents necessary or convenient to implement the Public Street Dedication contemplated by the Declaration. Section 4. Environmental Findings. The environmental effects of the Project were studied as an integral part of the Negative Declaration and CE and Environmental Re-Validations and Addendums for the Project. The analysis covered the properties required for the Project as well as the properties surrounding the Project. The analysis also covered the utility relocations through the Property and addition of crosswalks and ADA ramps at Bedford Court and Temecula Parkway. The improvements for the Project in the area comprising the Public Street Dedication were analyzed as an integral part of the Re-Validations and Addendums. The City Council finds that no further environmental review is required pursuant to 14 Cal. Admin. Code §§ 15162 and 15163 of the State CEQA Guidelines because none of the conditions stated therein exist. The construction of the Project within the Public Street Dedication area was included in the Re-Validations and Addendums for the Project, and the Public Street Dedication does not result in any changes in the physicial conditions. The dedication of the Public Street Dedication Area is necessary to construct the Project, as planned and designed. The City Council determines that pursuant to the provisions of CEQA, and specifically 14 Cal. Admin. §§ 15162 and 15163, neither a subsequent nor a supplemental Environmental Impact Report or Negative Declaration is required for the Declaration. Section 5. Certification. The City Clerk shall certify the adoption of this Resolution. 2 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of March, 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 22nd day of March, 2016, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk 3 RECORDING REQUESTED BY: City of Temecula, a municipal corporation AND WHEN RECORDED RETURN TO: City of Temecula Attention: Office of the City Clerk 41000 Main Street Temecula, California 92590 [SPACE ABOVE FOR RECORDER'S USE ONLY] [X] Portion of Assessor's Parcel Numbers 922-210-057 Documentary Transfer Tax $0.00 This Instrument is for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code §27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev. &Tax. Code § 11922). DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (PUBLIC STREET DEDICATION) This Declaration of Covenants, Conditions and Restrictions ("Declaration") is made as of the date set forth below by the City of Temecula, a municipal corporation ("City"). 1. Recitals. This Declaration is made with respect to the following facts, each which are acknowledged as true and correct by the City: A. The City acquired in fee that certain real property located in the City of Temecula, County of Riverside, commonly known as 44987 Old Town Front Street, Riverside County Assessor's Parcel Numbers 922-210-057, 922-210-058, and 922-210-059 described more particularly on Exhibit A hereto and depicted on Exhibit B hereto pursuant to the Grant Deed recorded on September 11, 2013 as Document Number 2013-0442977 of Official Records of the County of Riverside. Exhibits "A" and "B" are incorporated herein by this reference. B. The City wishes to dedicate certain portions of Assessor's Parcel Number 922-210-057 ("City Property") described below for public street, drainage, and public utility purposes and all uses necessary or convenient thereto. 2. The Public Street Dedication Property. The City wishes to dedicate for public street, drainage, and public utility purposes and all uses necessary or convenient thereto that certain portion of the City Property described more particularly on Exhibit "A-1" and depicted on Exhibit "B-1", which are attached hereto and incorporated herein by this reference ("Public Street Dedication Property"). 3. Use Covenant. On behalf of itself, its successors, its assigns, and every successor-in-interest to the City Property, or any part of the City Property, the City hereby agrees and covenants that the City Property shall be held, used and conveyed subject to the following restrictions: A. The City hereby dedicates for public street, drainage, and public utility purposes and all uses necessary or convenient thereto the Public Street Dedication Property described more particularly on Exhibit "A-1" and depicted on Exhibit "B-1", which are attached hereto and incorporated herein by this reference. B. The City further declares, covenants and agrees that the Public Street Dedication Property shall be used solely for public street, drainage and public utility purposes, and such other uses that are ancillary thereto and are consistent therewith and approved in writing by the City. 4. Covenants Running with the Land. The covenants that have been established pursuant to this Declaration shall be deemed to be covenants running with the land and shall be binding on all parties that may have or may acquire any right, title or interest in the City Property or any part thereof, and shall be binding on and inure to the benefit of each owner of any portion of the City Property, or any interest therein, and shall inure to the benefit of and be binding on each successor-in-interest of the City. This Declaration burdens the City Property. 5. Notices. All notices and demands will be given in writing by certified or registered mail, postage prepaid, and return receipt requested, or by overnight carrier. Notices will be considered given upon the earlier of (a) two business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (b) one business day following deposit with an overnight carrier service. The Parties will address such notices as provided below or as may be amended by written notice: City: City of Temecula 41000 Main Street Temecula, California 92590 Attention: Aaron Adams, City Manager Copy to: Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney 355 South Grand Avenue, 40th Floor Los Angeles, California 90071-3101 6. Miscellaneous. A. Amendments. This Declaration shall not be amended, canceled, or otherwise modified in any form without the prior written consent of the Public Works Director/City Engineer of the City of Temecula. B. Applicable Law. This Declaration will be construed and interpreted under, and governed and enforced according to the laws of the State of California. C. Exhibits. The exhibits attached hereto are incorporated in this Agreement by reference herein. -2- IN WITNESS WHEREFOR, the Declarant has executed this Declaration as of the date set forth below. Dated: 12016 By: Michael S. Naggar, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: RICHARDS, WATSON & GERSHON By: Peter M. Thorson, City Attorney EXHIBIT A Legal Description of City Property A PORTION OF LOT 11 IN BLOCK 32 OF THE TOWN OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15 PAGE(S) 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, TOGETHER WITH A PORTION OF PARCEL 89 OF DEED RECORDED SEPTEMBER 29, 1977 AS INSTRUMENT NO. 192314 AND FURTHER SHOWN AS"REMAINDER PARCEL"OF PARCEL MAP 10814 ON FILE IN BOOK 78 PAGE(S) 5 THROUGH 8, INCLUSIVE, OF PARCEL MAPS,ALL OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 11;THENCE:ALONG THE EASTERLY LINE OF SAID LOT 11 NORTH 150 39' 27"WEST, A DISTANCE OF 128.78 FEET TO THE TRUE POINT OF!BEGINNING; THENCE LEAVING SAID EASTERLY LINE NORTH 590 39' 01" EAST A DISTANCE OF 9.69 FEET TO THE BEGINNING OFA NON-TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 756.00 FEET AND TO WHICH A RADIAL BEARS NORTH 070 42'4 1"EAST, SAID CURVE BEING ALSO THE SOUTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DEEDED TO THE CITY OF TEMECULA AND RECORDED February 14, 1997 AS INSTRUMENT NO. 50649 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,CALIFORNIA;THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 031154' 49", AN ARC DISTANCE OF 51.64 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 480 19' 13"WEST A NON-TANGENT LINE,A DISTANCE OF 40.01 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 461.00 FEET AND TO WHICH A RADIAL BEARS NORTH 83°21'12"WEST;THENCE SOUTHERLY ALONG SAID CURE THROUGH A CENTRAL ANGLE OF 180 3609", AN ARC DISTANCE OF 149.68 FEET; THENCE ALONG A RADIAL LINE OF SAID CURVE SOUTH 780 02' 39"WEST,A DISTANCE OF 78.00 FEET;THENCE SOUTH 82144' 46"WEST,A DISTANCE OF 214.20 FEET;THENCE NORTH 07° 15' 14"WEST,A DISTANCE OF 309.08 FEETTO A POINT ON THE NORTHERLY LINE OF SAID LOT 11;THENCE ALONG SAID NORTHERLY LINE NORTH 740 20' 39" EAST,A DISTANCE OF 186.11 FEET TO THE NORTHWESTERLY CORNER OF PARCEL'"C'DEEDED TO THE CITY OF TEMECULA AND RECORDED February 14, 1997 AS INSTRUMENT NO.50647 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE ALONG THE WESTERLY LINES OF SAID PARCEL "C' AND PARCEL "A" OF SAID DEED TO THE CITY OF TEMECULA SOUTH 01" 15' 21" EAST, A DISTANCE OF 122.87 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY,HAVING A RADIUS OF 756.40 FEET AND TO WHICH A RADIAL BEARS NORTH 010 15' 21" WEST, SAID POINT BEING ALSO THE SOUTHWESTERLY CORNER OF SAID PARCEL "A"; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 080 11' 43, AN ARC DISTANCE OF 108.13 FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL "A", SAID POINT BEING ALSO ON SAID EASTERLY LINE OF LOT 11; THENCE ALONG SAID EASTERLY LINE SOUTH 150 39' 27" EAST ON A NON-TANGENT LINE, A DISTANCE OF 6.44 TO THE TRUE POINT OF BEGINNING, SAID LEGAL DESCRIPTION IS ALSO SHOWN AS PARCEL "A" OF LOT LINE ADJUSTMENT NO, PA98-0331, RECORDED NOVEMBER 14, 2000 AS INSTRUMENT NO. 953433 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. APN: 922-210-057-0, 922-210-058-1, 922-210-059-2 EXHIBIT B Depiction of City Property 1%4 f ISI n ;.W --7 04 Z St Ej Coil) C.D % v -A.IL . V, ca r irk N Exhibit "A-1" Legal Description of Public Street Dedication Property LEGAL DESCRIPTION That certain parcel of land, in the City of Temecula, County of Riverside, State of California, being a portion of Parcel"A"of Lot Line Adjustment No. PA98-0331 recorded November 14, 2000 as Instrument No. 2000-453434 of Official Records in the Office of the County Recorder of said Riverside County,described as follows: BEGINNING at the northwesterly corner of said Parcel"A"; thence along the westerly line of said Parcel"A"South 07°17'50"East 12.00 feet to a line parallel with and southerly 12.00 feet from the northerly line of said Parcel"A"; thence along said parallel line the following courses: North 8242'10"East 92.26 feet to the beginning of a tangent curve concave southerly having a radius of 743.94 feet; thence along said curve easterly 104.18 feet through a central angle of 08°01'26"; thence leaving said parallel line South 35°37'31"East 56.16 feet to the easterly line of said Parcel"A",said point being on the westerly line Parcel"A"of that certain offer of dedication recorded June 20, 2001 as Instrument No. 2001-280976 of Official Records of said County Recorder,said point being on a curve concave easterly having a radius of 538.95 feet,a radial line of said curve to said point bears North 86°01'46"West; thence along said easterly line the following courses: northerly 24.77 feet along said curve through a central angle of 02°37'58"; thence non-tangent North 35°04'12"West 40.01 feet to the northerly line of said Parcel "A"of said Lot Line Adjustment No. PA98-0331,said point being on the southerly line of Parcel"A"of that certain grant deed recorded February 14, 1997 as Instrument No. 1997-050647 of said Official Records,said point being on a curve concave southerly having a radius of 755.94 feet,a radial line of said curve to said point bears North 01'37'30"East; Thence along the northerly line of said Parcel"A"of said Lot Line Adjustment No. PA98- 0331 the following courses:westerly 117.72 feet along said curve through a central angle of 08°55'20"; Thence tangent to said curve South 82°42'10"West 92.26 feet to the POINT OF BEGINNING. CONTAINING: 3,223 square feet, or 0.07 acres, more or less. 1 of 2 H:Wdatal101060511AdminVegals160511g1O17.doc Exhibit "A-1" Legal Description of Public Street Dedication Property The bearings and distances used in the above description are based on the California Coordinate System of 1983 (2007.00 epoch), Zone VI. Multiply all distances by 1.00008523 to obtain ground level distances. This description was prepared by me or under my direction. aa�LANO h R. Duquette, PLP 1566 Date ��'c.F DUQ�� MyAicense expires 1 3 /17 gr No.7566 a D * Exp.12-31-1 OF CAL1F�¢�` 2 of 2 Exhibit "13-1" Plat Map of Public Street Dedication Property NOTES: 1) ALL DISTANCES SHOWN ARE GRID UNLESS OTHERWISE NOTED. TO OBTAIN GROUND DISTANCE MULTIPLY THE GRID DISTANCE SHOWN BY 1.00008523 2) THIS MAP IS FOR INFORMATIONAL PURPOSES ONY AND IS SUBORDINATE IN ALL RESPECTS TO THE ATTACHED DESCRIPTION. WESTECORBYPASS II DOR PCL. "A" GRANT DEED I RECORDED 2/14/1997 PCL. "B" OFFE I INST. NO. 1997-050647 O.R. m OF DEDICATION RECORDED 6/20/2001 0 INST. NO. 2001-280976 O.R. 'G- N01°37'30"E (JR} N8242'10"E p:-OB 55'211 R=755.94' s;— — — — _ 92.26 =117.7 5'0 0 , N p=080126 R=743.94' L=104.18' 1 92.26' E <R� �S, ` fy N82'42'10"EFz N00.4 �6 s6, N83_23'4 "W n ay 2 C N86°01 '46"W (R) `R „ — — — 39' „ A N A41 PGI- 98_0331 0- P A p0 LL REo 11 1045�33 0 •R ¢moo �l Q\O 0 INs� Np Zia ° oCO o z 0cN 00 0 Din �oo � WU Z r W l Lw AND /Uap DUG�S�9`� Z 1 i No,7515 m LINE/CURVE DATA TABLE �? NO BEARING/DELTA RADIUS LENGTH TANGENT a �\ 1 N07°17'50"W -- 12.00' -- 2 02°37'58" 538.95' 24.77' 12.38' o 0 SHEET 1 OF 1 SHEETS 40810 COUNTY CENTER DR., n SKETCH TO ACCl1PANY AMichael SUITE 200 LEGAL DESCRIPTION FOR Baker TEMECULA,CA 92591 0 CITY OF TEI+ECULA PHONE:(951)676-8042 PUBLIC STREET DEDICATION PROPERTY I N T E R N A T 1 0 N A L MBAKERINTL.COM a 0 SCALE JOB NO. o JANUARY 19, 2016 I I l 1"=40' 10106051-M17 mE �J' (3"o .l Q Capital Improvement Program np.n.r,rsae c.rwA.e Fiscal Years 2016-20 INTERSTATE-151 STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE Circulation Project Project Description: This project includes right-of-way acquisition, design, and construction of a ramp system that will improve access to Interstatel5 from Temecula Parkway/State Route 79 South. The interchange will accommodate traffic generated by future development of the City's General Plan land use as well as regional traffic volume increases forecasted for the year 2037. This project is crucial, as the projected traffic volume increases currently exceed the capacity of the existing interchange improvements constructed by the Riverside County Transportation Department. Benefit I Core Value: This project will improve circulation, freeway access, and level of service at the Interstate 15 and Temecula Parkway t State Route 79 South intersection. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: The plans, specifications, and estimates package are currently being prepared for review by California Department of Transportation(Caltrans). Acquisition was completed during FY 2013-14. Construction is scheduled to start during FY 2015-16. Department: Public Works-Account No. 210.165.662 Level: 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 Administration $ 589,258 $ 50,274 $ 216,000 $ 162,000 $ 108,000 $ 1,125,532 Acquisition $13,032,131 $ 187,010 $13,219,141 Construction $ 104,088 $13,759,244 $7,826,825 $3,759,467 $2,506,311 $27,955,935 Construction Engineering $ 1,750,000 $1,750,000 $ 3,500,000 Design $ 3,837,457 $ 255,058 $ 4,092,515 MSHCP $ 753,000 $ 753,000 Totals $17,562,934 $1,245,342 $15,725,244 $9,738,825 $3,867,467 $2,506,311 $ - $50,646,123 Source of Funds: Prior Years 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 CFD(Crowne Hill) $ 502,211 $ 502,211 Reimbursement/ Other(Morgan Hill) $ 1,190,582 $ 1,190,582 SAFETEA-LU $ 1,600,000 $ 1,600,000 Senate Bill 621 $10,018,141 $1,245,342 $ 2,966,503 $ 162,000 $ 62,837 $14,454,823 STP(RCTC)t') $ 7,158,741 $5,817,359 $12,976,100 TUMF(RCTCICETAP)t2) $ 4,452,000 $ 4,452,000 TUMF(RCTC/Region)(') $ 1,400,000 $ 4,000,000 $ 5,400,000 TUMF{wRCOG}(^) $3,759,466 $3,804,630 $2,506,311 $10,070,407 Total Funding: $17,562,934 $1,245,342 $15,725,244 $9,738,825 $3,867,467 $2,506,311 $50,646,123 Future Operation& Maintenance Costs: 2015-16 2016-17 2017-18 2018-19 2019-20 $ 6,242L$ 6,367 $ 6,494 (1)Surface Transportation Program(STP)per RCTC call for Projects as approved by the Commission on January 8,2014($12,976,100.) (2)TUMF{RCTC/Region}-Funding is pursuant to RCTC Agreement No.06-72-506{$4,452,000} (3)TUMF(RCTC/CETAP)-Funding is pursuant to RCTC Agreement No. 11-72-041-00($5,400,000;$1,400,000 ROw;$4,000,000 CON). (4)TUMF wRCOG 2014 Southwest Zone 5-Year Transportation Improvement Program(llP)adopted on January 6,2014($10,157,154). Fiscal Years 2016-20 Capital Improvement Program 49 " r , r All- ONk AO �t o4 V.I I � s+¢ Ile g� Al lid I s: •, I i . 1 1 Item No . 10 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas W. Garcia, Director of Public Works/City Engineer DATE: March 22, 2016 SUBJECT: Approve the Non-Exclusive Commodity Agreement with JTB Supply Company, Inc. for Traffic Signal Equipment PREPARED BY: Jerry Gonzalez, Associate Engineer- Traffic RECOMMENDATION: That the City Council approve the Non-Exclusive Commodity Agreement with JTB Supply Company, Inc., in the amount of $60,000, for the purchase of miscellaneous Traffic Signal Equipment. BACKGROUND: In 2005, during the conversion of traffic signal indications from incandescent bulbs to Light Emitting Diode (LED) equipment, the City purchased Dialight LED traffic signal indications from JTB Supply Company. Because of the reliability, the City uses Dialight LED equipment on all traffic signal and pedestrian indications. JTB Supply Company has been providing traffic signal equipment to the City for over fifteen years. JTB Supply Company is the only authorized distributor in California of the Dialight ITE Specification LED signal indication equipment. The purpose of this expenditure is to acquire new LED equipment to replace existing equipment that has exceeded the predetermined standard life cycle. The proposed equipment purchase maintains the integrity of the existing equipment used by the City. FISCAL IMPACT: Adequate funds are available in the Public Works Department, Capital Improvement Program Account No. 210.165.680.5601. ATTACHMENT: Non-Exclusive Commodity Agreement NON-EXCLUSIVE COMMODITY AGREEMENT BETWEEN CITY OF TEMECULA AND JTB SUPPLY COMPANY, INC. TRAFFIC SIGNAL EQUIPMENT ENHANCEMENT PROGRAM - CITYWIDE THIS AGREEMENT is made and effective as of March 22, 2016, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and JTB Supply Company, Inc., a Corporation (hereinafter referred to as "Vendor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on March 22, 2016, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2017, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the agreement for one (1) additional (1) year term. In no event shall the contract be extended beyond June 30, 2018. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 2. PURCHASE OF GOODS Vendor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Vendor for the non-exclusive procurement of retail goods as specified on Exhibit A, attached hereto and incorporated herein as though set forth in full. The Vendor understands this Agreement is non-exclusive and the City reserves the right to purchase similar goods from other consultants. 3. PURCHASE PRICE The City agrees to pay the Vendor for merchandise ordered and received with a not-to exceed amount of Sixty Thousand Dollars ($60,000) for the total term of the Agreement. Vendor will submit invoices monthly for actual merchandise ordered and received. Invoices shall be submitted between the first and fifteenth day of each month for merchandise delivered and accepted. Payment will be made within thirty (30) business days following the receipt of invoice as to all non-disputed fees. The not to exceed purchase amount listed herein is an estimated expenditure and this Agreement does not guarantee Vendor this amount in purchases. 4. REPRESENTATION AND WARRANTIES OF VENDOR Vendor makes the following representations and warranties to City: a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery and performance of this Agreement, except for such as have been obtained on or prior to the date 1 hereof. The execution, delivery and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title, License and Operating Condition. Vendor has good and marketable title to all of the merchandise. All of the merchandise are free and clear of any restrictions on or mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions, and restrictions except for such as may be created or granted by City. All of the merchandise is in good condition, free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Vendor's catalog, website, retail store, quote or in the Agreement Documents that may be attached hereto or incorporated herein. C. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contains or will contain any untrue statements of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 5. TIME OF DELIVERY The date and time of delivery of the merchandise shall be stated at time of order. The merchandise shall be delivered to the City location as stated on the purchase order or at time of merchandise order. 6. RISK OF LOSS Risk of loss, damage and destruction of the merchandise shall remain with the Vendor until after inspection and acceptance of the merchandise by City. 7. INSPECTION AND ACCEPTANCE City shall inspect the merchandise at the time and place of delivery. Such inspection may include reasonable review by City. If in the determination of the City, the merchandise fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the merchandise to City. Failing such notice, the merchandise shall be deemed accepted by City as of the date of receipt. 8. REJECTION In the event of such notice of non-conformity by City pursuant to the section entitled "Inspection and Acceptance" above, City may, at its option, (1) reject the whole of the Merchandise, (2) accept the whole of the Merchandise, or (3) accept any commercial unit or units/portions of the Merchandise and reject the remainder. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses. 2 9. NO REPLACEMENTS OF CURE This Agreement calls for strict compliance. Vendor expressly agrees that both the Merchandise tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Merchandise or any part thereof pursuant to the section entitled "Rejection" above, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to affect a cure of the original tender by Vendor. 10. NON-ASSIGNABILITY The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 11. INDEPENDENT CONTRACTOR The Vendor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the Work under this Agreement on behalf of the Vendor shall at all times be under Vendor's exclusive direction and control. 12. LEGAL RESPONSIBILITIES The Vendor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 13. INDEMNIFICATION Vendor agrees to defend, indemnify, protect, and hold harmless, the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, and its officers, officials, employees, agents, and volunteers, from and against any and all claims, demands, losses, defense costs or expenses, actions, liability or damages of any kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees, and volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Vendor's negligent or wrongful acts or omissions arising out of or in any way related to the Work or the Vendor's performance or non-performance of this Agreement, excepting only liability out of the sole negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 14. TERMINATION OR SUSPENSION This Agreement may be terminated or suspended at any time, for any reason, with or without cause at the sole and exclusive discretion of the City Manager, without default or breach of this Agreement by the City. 3 15. SURVIVAL OF RERESENTATIONS AND WARRANTIES All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery and performance of this Agreement. 16. REMEDIES The remedies and rights conferred on the City by this Agreement are in addition to and cumulative with all other remedies and rights accorded the City under law or equity. 17. SEVERABILITY If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the parties. 18. GOVERNING LAW This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The City and Vendor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. ENTIRE AGREEMENT This is the entire agreement between the parties regarding the commodities purchased by this Agreement. Any modification or amendment of this Agreement shall not be effective unless in writing and assigned by the parties to this Agreement. 20. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind the Vendor to the performance of its obligation hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non-substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non-monetary changes in scope of work; (d) agreement termination. 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA JTB SUPPLY COMPANY, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Jeff York, President ATTEST: By: By: Randi Johl, City Clerk Teri York, Vice President APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney VENDOR JTB Supply Company, Inc. Attn: Mindy Myers, Sales Administrator 1030 N. Batavia, Suite A Orange, CA 92867 714-639-9498 mindy@jtbsupplyco.com PM Initials:L Date: 5 EXHIBIT A DESCRIPTION AND PRICE LIST OF MERCHANDISE Vendor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Vendor, for the future purchase of Dialight, Institute of Transportation Engineers (ITE) Specification, Light Emitting Diode (LED) traffic and pedestrian signal indication equipment for use in the City. The procedure for ordering Equipment is set forth as follows: 1. The director of Public Works/City Engineer or his designee shall submit to Vendor a written "Request for Equipment". The Request for Equipment shall include a description of the Equipment needed, the time for delivery of the Equipment, and the plans and specifications for the Equipment, if any, as necessary. 2. Within five (5) business days of the date of the Request for Equipment, Vendor shall respond in writing to the City's request and advise the City of availability of Equipment and the amount of time necessary to deliver the Equipment to the City. Upon acceptance of the Vendor's response by the Director of Public Works/City Engineer or his designee, the Vendor shall deliver the Equipment to the City. The price for all Equipment purchased and delivered to the City shall be consistent with the attached Price List and the terms of this Agreement. 6 L7 SUPPLY COMPANY Quotation To: Judy McNadd March 8, 2016 Price List 2015-2016 From: Mindy Myers Project: Traffic Ports RFQ JTB Supply is pleased to quote on the following equipment: 433-1270-003XL15 12"Red Ball LED ITE 15 year,Clear $49/each 433-2270-001XL15 12"Green Ball LED ITE 15 year,Clear $50/each 433-3270-901XL15 12"Yellow Ball LED ITE 15 year,Clear $50/each 432-1374-001XOD15 12"Red Arrow LED ITE 15 year,Clear $54/each 432-2374-001XOD15 12"Green Arrow LED ITE 15 year,Clear $56/each 431-3374-901XOD15 12"Yellow Arrow LED ITE 15 year,Clear $58/each 430-6479-001X Countdown LED ITE $138/each 433-3230-905XL 12V Yellow LED $88/each Quote valid unci I end of June,30,2107 Freight is not included Sales tax is not included. Sincerely, 1030 N. Batavia, Suite A e Orange, CA. 92867 714-639-9498@714-639-9488 fax 7 TEMECULA COMMUNITY SERVICES DISTRICT CONSENT CALENDAR Item No . 11 ACTION MINUTES March 8, 2016 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District meeting convened at 7:37 PM CALL TO ORDER: Vice President Michael McCracken ROLL CALL: DIRECTORS: Edwards, McCracken, Naggar, Rahn, Comerchero (absent) CSD PUBLIC COMMENTS (None) CSD CONSENT CALENDAR 12 Approve the Action Minutes of February 23, 2016 — Approved Staff Recommendation (4-0, Director Comerchero absent) Director Edwards made the motion; it was seconded by Director Naggar; and electronic vote reflected approval by Directors Edwards, McCracken, Naggar and Rahn with Council Member Comerchero absent. RECOMMENDATION: 12.1 That the Board of Directors approve the action minutes of February 23, 2016. CSD BUSINESS 13 Receive and File Human Services Update (At the Request of Director Naggar) — Receive and file. RECOMMENDATION: 13.1 That the City Council receive and file this Human Services Update (At the Request of Director Naggar). CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD Action Minutes 030816 1 CSD ADJOURNMENT At 7:54 PM, the Community Services District meeting was formally adjourned to Tuesday, March 22, 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, TCSD President ATTEST: Randi Johl, Secretary [SEAL] CSD Action Minutes 030816 2 Item No . 12 Approvals City Attorney Finance Director City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: Executive Director/Board of Directors FROM: Kevin L. Hawkins, Director of Community Services DATE: March 22, 2016 SUBJECT: Approve the First Amendment to the Agreement with San Dieguito Printers for Printing Services PREPARED BY: Tracy Masters, Recreation Supervisor RECOMMENDATION: That the Board of Directors approve the First Amendment to extend the current Agreement with San Dieguito Printers for one (1) additional year ending on December 31, 2016, for printing services of two (2) issues of the Guide to Leisure Activities brochure. The cost of printing the brochure is as follows: • Fiscal Year 2015-16 $19,549.80, plus a 10% contingency of $1,954.98 • Fiscal Year 2016-17 $19.549.80, plus a 10% contingency of $1,954.98 BACKGROUND: The Community Services Department provides the residents of Temecula a printed activity guide that offers information and opportunities for leisure, cultural and educational activities offered by the Community Services Department. This brochure serves as the Department's primary marketing tool. Based upon the vendor's successful performance during the three (3) year agreement period staff is recommending the extension as allowed in the current agreement. FISCAL IMPACT: The $21,504.78 needed for the remainder of Fiscal Year 2015-16 is available in the Community Services Department expenditure budget. The future year funding will be requested through the annual budget process. ATTACHMENTS: Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND SAN DIEGUITO PRINTERS PRINTING SERVICES THIS FIRST AMENDMENT is made and entered into as of March 22, 2016 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and San Dieguito Printers, 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 March 26, 2013 the City and Consultant entered into that certain Agreement entitled "Agreement for Printing Services," in the amount of One Hundred Sixty Thousand Five Hundred Thirty Seven Thousand Dollars and No Cents ($160,537.00), plus contingency in the amount of $16,053.70 for a total Agreement amount of One Hundred Seventy Six Thousand Five Hundred Ninety Dollars and Seventy Cents ($176,590.70). b. The parties now desire to add scope of work, extend the term of the agreement to December 31, 2016, increase the payment in the amount of Thirty Nine Thousand Ninety Nine Dollars and Sixty Cents ($39,099.60), increase the contingency in the amount of Three Thousand Nine Hundred Nine Dollars and Ninety Six Cents ($3,909.96) and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than December 31, 2016, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed Thirty Nine Thousand Ninety Nine Dollars and Sixty Cents ($39,099.60), plus 10% Contingency of Three Thousand Nine Hundred and Nine Dollars and Ninety Six Cents ($3,909.96) for additional Printing Services for a total Agreement amount of Two Hundred Nineteen Thousand Six Hundred Dollars and Twenty Six Cents ($219,600.26). 1 4. Section 13 of the Agreement entitled "NOTICES" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: Executive Director 41000 Main Street Temecula, CA 92590 5. Exhibit "A" and "B" to the Agreement are hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES SAN DIEGUITO PRINTERS DISTRICT (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, TCSD President Richard Lapham, President ATTEST: By: By: Randi Johl, Secretary Chris Lapham, Vice President APPROVED AS TO FORM: By: Peter M. Thorson, General CONSULTANT Counsel San Dieguito Printers 1880 Diamond Street San Marcos, CA 92078 (760) 593-5139 chrisb(&-sd-print.com PM Initials:` Date: 3 ATTACHMENT A EXHIBIT A The City of Temecula provides the public with a professional guide to City leisure activities. The Guide is used to inform the public of all leisure, sports, special events, social and cultural activities and services available as provided by the Community Services Department. SPECIFICATIONS: • Vendor will be responsible for the printing, binding and delivery of the City of Temecula's Guide to Leisure Activities twice annually. • Produce two (2) issues of the City of Temecula's Guide to Leisure Activities. Guide must be printed and distributed: 5 May 2016 § October 2016 • Vendor will supply City staff with the production schedule. Vendor will guarantee that the Guide will be prepared on time for distribution by direct mail. • The Guide will be either a forty-eight, fifty-two or fifty-six page 8 %2" x 11" full color (4/4) on 70 Ib. coated book paper using high quality ink and prints. • The Community Services Department will work with Vendor, in advance, to determine the final number of pages per Guide. The final cost will be reflected as stated in Exhibit B. • A minimum of 38,000 printed and bound copies of each issue will be required for distribution. • Vendor will submit a high-resolution proof for approval as needed to Community Services Department staff. Any final printing of the Guide without final authorization by the City will result in non-payment. • The City recognizes its role in certifying the accuracy of the approved final proof prior to printing. • Vendor will divide Guide by postal route, label, route, and deliver all copies to the U.S. Post Office for bulk direct mail delivery. 4 EXHIBIT B Payment Rates and Schedule 38,000 Copies 39,000 Copies 40,000 Copies 48 Page Guide $15,636.15 $15,985.23 $16,334.87 52 Page Guide $17,629.52 $18,008.98 $18.390.23 56 Page Guide $18,713.49 $19,132.59 $19,549.80 5 TEMECULA PUBLIC FINANCING AUTHORITY BUSINESS Item No . 13 Approvals City Attorney Finance Director City Manager TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Board of Directors FROM: Aaron Adams, Executive Director DATE: March 22, 2016 SUBJECT: Approve the Interpretation of the Prepayment Provisions of the Rate and Method of Apportionment for Community Facilities District No. 03-02 — Roripaugh Ranch PREPARED BY: Jennifer Hennessy, Finance Director RECOMMENDATION: That the Board of Directors adopt a resolution entitled: RESOLUTION NO. TPFA 16- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY INTERPRETING THE PREPAYMENT OF SPECIAL TAX PROVISIONS OF THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR THE TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) BACKGROUND: The Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) ("CFD No. 03-02") was formed by the Board of Directors of the Temecula Public Financing Authority ("Authority") on January 11, 2005 pursuant to the Mello-Ross Community Facilities Act of 1982, following a public hearing and an election at which the then qualified electors of CFD No. 03-02 voted in favor of the formation of CFD No. 03-02. At the time it was formed, CFD No. 03-02 contained approximately 800 undeveloped acres in the pan-handle portion (Phase 1) and the pan portion (Phase 2) of the Roripaugh Ranch development. On April 27, 2006 the Authority issued special tax bonds for CFD No. 03-02 Bonds in the amount of $51,250,000 to finance infrastructure improvements required to develop the property. Due to the financial difficulties encountered by the then owner of the property in CFD No. 03-02 soon after the CFD No. 03-02 Bonds were issued in 2006, the City took over the construction of the required infrastructure improvements. The pan-handle portion of the property in CFD No. 03-02 was subsequently sold to merchant builders and single family homes were constructed in that area. To date, 370 homes have been constructed and are owner occupied and 140 homes remain to be constructed. The pan portion (Phase 2) of the property in CFD No. 03-02 was subsequently sold in part to Roripaugh Valley Restoration, LLC, and in part to Wingsweep Corporation (collectively referred to below as the "Property Owners"). The Property Owners have requested that the Authority form a new community facilities district ("CFD No. 16-01") to (i) provide funds to prepay special taxes levied on the pan portion of CFD No. 03-02 and thereby redeem existing CFD No. 03-02 Bonds allocable to the pan area, and (ii) assist in the funding of various public improvements necessitated by development to occur in Phase 2 of Roripaugh Ranch and to satisfy public infrastructure obligations arising from such development. Staff is recommending the Board of Directors adopt the attached Resolution interpreting the existing Rate and Method of Apportionment of Special Taxes ("RMA") for CFD No. 03-02 to allow the owners of the undeveloped pan portion (Phase 2) of CFD No. 03-02 to prepay their CFD No. 03-02 special taxes and thereby such area's allocable share of the outstanding CFD No. 03-02 Bonds. The existing RMA does not prohibit the prepayment of the Special Taxes on parcels of property in the District classified as Undeveloped Property; however it does not currently include provisions for the calculation of the prepayment amount for any such prepayment. Approval of the attached Resolution will allow Staff and the City's Finance Team to initiate the required actions to calculate the pay-off amount for the special taxes levied for CFD No. 03-02 on the pan portion (Phase 2) of Roripaugh Ranch. Additionally, it will enable Staff and the City's Finance Team to take the required actions to issue refunding bonds for the CFD No. 03-02 Bonds not allocable to the pan portion (and so not redeemed with pan area special tax prepayments), so as to provide residents in the panhandle area with reduced special tax levies starting in FY 2016/17. The refunding bonds would be payable solely from special taxes levied on land in the panhandle area of CFD No. 03-02 and collected by the Authority. FISCAL IMPACT: The Property Owners have agreed to pay all out of pocket expenses incurred relative to the proposed new CFD financing and the interpretation of the RMA contemplated by the Resolution. Costs of issuance of the proposed bond issue for the new CFD No. 16-01 will be paid from the proceeds of the bonds to be issued by the Authority for CFD No. 16-01. All annual costs of administering the bonds issued will be paid by special taxes levied on the properties in the new CFD 16-01. The bonds will not be obligations of the City nor general obligations of the Authority, but will be limited obligations of the Authority for the new CFD 16-01, payable solely from special taxes levied on land in the new CFD 16-01. ATTACHMENTS: Resolution — Interpreting the Prepayment of Special Tax Provisions of the Rate And Method of Apportionment of Special Tax for the Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) RESOLUTION NO. TPFA 16- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY INTERPRETING THE PREPAYMENT OF SPECIAL TAX PROVISIONS OF THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR THE TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. This Board of Directors of the Temecula Public Financing Authority (the "Authority") is the legislative body for the Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) (the "District") and is authorized under the proceedings to form the District and the Mello-Roos Community Facilities Act of 1982, constituting Section 53311 et seq. of the California Government Code (the "Law") to levy special taxes (the "Special Taxes") on real property within the District pursuant to a Rate and Method of Apportionment of Special Tax (the "Rate and Method") approved by this Board of Directors and the qualified electors of the District under the Law at the time of formation of the District. Section 2. On April 27, 2006, the Authority issued, for and on behalf of the District, $51,250,000 principal amount of its Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) 2006 Special Tax Bonds (the "Bonds"), and the debt service on the Bonds is payable from the Special Taxes levied on real property in the District. Section 3. Following the issuance of the Bonds, a portion of the property in the District, commonly referred to as the "Panhandle Area," has undergone substantial development, while the other portion of the property in the District, commonly referred to as the "Pan Area," has yet to be developed. Section 4. The two current owners of the property in the Pan Area have requested that this Board of Directors undertake proceedings to form a new community facilities district under the provisions of the Law in order to provide funds that may be applied to the prepayment of the Special Taxes authorized to be levied for the District on property in the Pan Area, as well as to raise additional funds to finance public infrastructure improvements necessary for the development of the property in the Pan Area. Section 5. This Board of Directors has been advised that if the property owners in the Pan Area are permitted to prepay the Special Taxes on the property in the Pan Area, thereby resulting in the redemption of a portion of the outstanding Bonds with proceeds of such prepayment, an opportunity will arise to refund the remaining outstanding principal of the Bonds at lower interest rates, and thereby result in future lower Special Tax levies on property in the Panhandle Area. Section 6. The Rate and Method contains provisions that allow for the prepayment of the Special Taxes on parcels of property in the District classified under the Rate and Method as Developed Residential Property, Non-Residential Property or Taxable Property Owner's Association Property. Also, while the Rate and Method does not prohibit the prepayment of the Special Taxes on parcels of property in the District classified under the Rate and Method as Undeveloped Property, it does not currently include provisions for the calculation of the prepayment amount for any such prepayment. Section 7. This Board of Directors now desires to interpret the Rate and Method to include provisions needed to calculate the prepayment amount so that the owners of Undeveloped Property, including the owners of the property in the Pan Area, may prepay the Special Taxes in full on parcels of Undeveloped Property, subject to the conditions in Section 8 below. Section 8. This Board of Directors, acting as the legislative body of the District, hereby interprets the Rate and Method to allow for full prepayment of the Maximum Special Tax on Undeveloped Property; provided, however, that (a) in applying the requirements of Section H (Prepayment of Special Tax) of the Rate and Method to any such prepayment of the Maximum Special Tax for a parcel of Undeveloped Property, the term "Bond Redemption Amount" shall mean the principal amount of the Bonds to be redeemed equal to the quotient derived by dividing the applicable Acreage Special Tax for the Parcels (as defined in the Rate and Method) for which the prepayment is to be made, by the sum of the applicable Acreage Special Tax applied to all Taxable Property in the District (excluding any Taxable Property for which the Maximum Special Tax has theretofore been prepaid), multiplied by the principal amount of the outstanding Bonds, rounded up to the nearest $5,000; and (b) any such prepayment of the Maximum Special Tax may only occur in connection with a redemption in whole of any then outstanding Bonds. Section 9. This Board of Directors hereby finds and determines that the foregoing interpretation of the prepayment provisions of the Rate and Method is fair and reasonable with respect to all of the owners of the Taxable Property in the District and, if fully utilized by the owners of the property in the Pan Area of the District, will result in lower future Special Tax levies on Taxable Property in the Panhandle Area of the District than if such prepayment does not occur. Section 10. This Board of Directors hereby authorizes and directs the Executive Director and other appropriate officers of the Authority (a) to prepare and record in the Office of the County Recorder of the County of Riverside an appropriate supplement to the Notice of Special Tax Lien heretofore so recorded for the District, in a form to be prepared by Bond Counsel, to memorialize this Board of Directors' interpretation of the Rate and Method in Section 8 above and (b) to, from and after the date of adoption of this Resolution, administer the Special Tax under the Rate and Method in accordance with the Rate and Method as interpreted by this Board of Directors in Section 8 above. Section 11. This Resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 22nd day of March, 2016. Michael S. Naggar, Chair ATTEST: Randi Johl, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 16- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 22nd day of March, 2016, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary Item No . 14 Approvals City Attorney Finance Director City Manager (Sr TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Board of Directors FROM: Aaron Adams, Executive Director DATE: March 22, 2016 SUBJECT: Establish New Community Facilities District No. 16-01 — Roripaugh Ranch Phase 2, Authorize the Levy of Special Taxes and Declare Intention to Incur Bonded Indebtedness PREPARED BY: Jennifer Hennessy, Finance Director RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. TPFA 16- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN —RORIPAUGH RANCH PHASE 2 2. Adopt a resolution entitled: RESOLUTION NO. TPFA 16- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 16-01 (RORIPAUGH RANCH PHASE 2) BACKGROUND: The two current owners of the property in Phase 2 of the Roripaugh Ranch development, consisting of Roripaugh Valley Restoration, LLC and Wingsweep Corporation (collectively referred to below as the "Property Owners"), have requested that the Authority form a new community facilities district (the "CFD") and issue special tax bonds of the Authority for the new CFD to provide funds to (i) prepay in full special taxes levied for the Temecula Public Finance Authority Community Facilities District No. 03-02 (Roripaugh Ranch) ("CFD No. 03-02") on the property to be included in the new CFD and thereby prepay the portion of the outstanding special tax bonds issued by the Authority for CFD No. 03-02 in April of 2006 payable from such special taxes, (ii) assist in paying the costs of various public improvements necessitated by development to occur in Phase 2 of Roripaugh Ranch, and (iii) finance costs of issuing the special tax bonds and of providing a reserve fund for the bonds. The City and the former Redevelopment Agency of the City of Temecula created the Authority in 2001 to provide an independent governmental entity that could consider the formation of community facilities districts for property in the City and act as the issuer of any related community facilities district bonds. The Authority will consider the adoption of two resolutions related to the formation of the new CFD. The CFD will only include land owned by the Property Owners that will submit petitions requesting formation of the CFD. In their petitions, the Property Owners will request that the CFD issue bonds to provide funds to prepay in full special taxes levied on their property for CFD No. 03-02, as well as to fund various public improvements described in the petitions and to finance other costs of issuing the special tax bonds and of providing a reserve fund for the bonds. Additionally, the Property Owners have agreed to include the traffic signal at La Serena and Butterfield Stage Road as an eligible facility to be funded from the CFD and to fund municipal services described in Exhibit A of the petitions. The Property Owners have agreed to pay all City and Authority costs related to the proposed CFD formation and bond issue, subject to reimbursement from bond proceeds when and if bonds are issued for the new CFD, and have previously entered into a deposit/reimbursement agreement with the City and the Authority with respect thereto. The bonds, if issued by the Authority for the new CFD, would be payable solely from special taxes levied on land in the new CFD and collected by the Authority. It is expected that the principal amount of the bonds will be approximately $60,000,000 and that the bonds will be sold in June of 2016 with a closing in July of 2016. SPECIFIC ACTIONS: In order to be in a position to consider actions needed to complete the formation of the new CFD in late April of this year, the Authority will consider adoption of two resolutions of intention relative to the proposed CFD. These resolutions call for public hearings on April 26, 2016 on the formation of the CFD and the issuance of bonds for the CFD, and otherwise specify the boundaries of the CFD (by reference to a map on file with the City Clerk, as Secretary of the Authority), the rate and method of apportionment of special taxes to be levied solely on land in the CFD to repay the bonds, and describe the improvements to be financed and the services to be provided by the new CFD. FISCAL IMPACT: The Property Owners have agreed to pay all out of pocket expenses incurred relative to the proposed formation of the new CFD and the issuance of bonds for the CFD. Costs of issuance of the proposed bond issue will be paid from the proceeds of the bonds to be issued by the Authority for the CFD. All annual costs of administering the new CFD and the bonds issued for the CFD will be paid from special taxes levied on the properties in the CFD. The bonds will not be obligations of the City, or general obligations of the Authority, but will be limited obligations of the Authority for the new CFD, payable solely from special taxes levied on land in the new CFD. ATTACHMENTS: 1. Resolution — Intent to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Therein — Roripaugh Ranch Phase 2 2. Resolution — Intent to Incur Bonded Indebtedness of the Proposed Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2) RESOLUTION NO. TPFA 16- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN — RORIPAUGH RANCH PHASE 2 THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Under the Mello-Roos Community Facilities Act of 1982, constituting Section 53311 et seq. of the California Government Code (the "Law"), this Board of Directors may commence proceedings for the establishment of a community facilities district. Section 2. There have been submitted to this Board of Directors a Petition (Including Waivers) of Roripaugh Valley Restoration, LLC and a Petition (Including Waivers) of Wingsweep Corporation (collectively, the "Petitions"), requesting the formation by this Board of Directors of a community facilities district under the Law to be known as the Temecula Public Financing Authority Community Facilities District No. 16- 01 (Roripaugh Ranch Phase 2) (the "District"). Section 3. Under the Law, this Board of Directors is the legislative body for the proposed District and is empowered with the authority to establish the District and levy special taxes within the District. Section 4. This Board of Directors proposes to begin the proceedings necessary to establish the District pursuant to the Law. Receipt of the Petitions to form the District is hereby acknowledged. Section 5. The name proposed for the District is Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2). Section 6. The proposed boundaries of the District are as shown on the map of the District on file with the Secretary, which boundaries are hereby preliminarily approved. The Secretary is hereby directed to record, or cause to be recorded, the map of the boundaries of the District in the office of the County Recorder as soon as practicable after the adoption of this Resolution. Section 7. The special taxes proposed to be prepaid by the District (the "CFD 03-02 Special Tax Prepayment"), and the types of public facilities (the "Facilities") and of municipal services (the "Services") proposed to be eligible for funding by the District, in each case pursuant to the Law, shall consist of those items listed on Exhibit A hereto under the headings "CFD 03-02 Special Tax Prepayment," "Facilities" and "Services," respectively, which Exhibit is by this reference incorporated herein. 1 This Board of Directors hereby determines that the Facilities and the Services to be financed by the District are necessary to meet increased demands placed upon local agencies as a result of development occurring and expected to occur in the territory included in the District. This Board of Directors hereby expresses its opinion that the public interest will not be served by allowing property owners to enter into contracts as contemplated by Section 53329.5(a) of the Law, and does not intend to let property owners avail themselves of the actions otherwise permitted by said Section 53329.5(a). The Executive Director is hereby authorized and directed to enter into a joint community facilities agreement with the City of Temecula, the Temecula Community Services District, the County of Riverside and any other public entity that will own and/or operate any of the Facilities, or that will provide any of the Services, with any such agreements to be in a form provided by Bond Counsel. Section 8. Except to the extent that funds are otherwise available to the District to pay for the Facilities and the Services, to make the CFD 03-02 Special Tax Prepayment and/or pay the principal and interest as it becomes due on bonds of the District issued to provide for the CFD 03-02 Special Tax Prepayment and to finance the Facilities, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied within the District and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Board of Directors or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, and which specifies the tax year after which no further special tax will be levied on land used for private residential purposes and which otherwise complies with applicable provisions of the Act is described in Exhibit B attached hereto which Exhibit is by this reference incorporated herein. This Board of Directors finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the Law (relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to the District. Section 9. It is the intention of this Board of Directors, acting as the legislative body for the District, to cause bonds of the Authority to be issued for the District pursuant to the Law to provide for the CFD 03-02 Special Tax Prepayment and to finance the costs of the Facilities. If so issued, the bonds shall be in the aggregate principal amount of not to exceed $60,000,000, shall bear interest payable semi- annually or in such other manner as this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof. 2 Section 10. This Board of Directors reserves to itself the right and authority to allow any interested owner of property in the District, subject to the provisions of Section 53344.1 of the Law and such requirements as it may otherwise impose, and any applicable prepayment penalties as prescribed in the indenture or fiscal agent agreement for any bonds of the Authority for the District, to tender to the Treasurer of the Authority in full payment or part payment of any installment of special taxes or the interest or penalties thereon which may be due or delinquent, but for which a bill has been received, any bond or other obligation secured thereby, in the manner described in Section 53344.1 of the Law. Section 11. The levy of said proposed special tax shall be subject to the approval of the qualified electors of the District at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in the proposed District, with each owner having one vote for each acre or portion of an acre of land such owner owns in the District. Section 12. Except as may otherwise be provided by the Law or the rate and method of apportionment of the special tax for the District, all lands owned by any public entity, including the United States, the State of California and/or the City of Temecula, or any departments or political subdivisions of any thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the Facilities, the issuance of bonds by the Authority for the District and any expenses of the District. Section 13. The Director of Public Works of the City of Temecula is hereby directed to study the CFD 03-02 Special Tax Prepayment, the Facilities and the Services and to make, or cause to be made, and file with the Secretary a report in writing, presenting the following: (18) A brief description of the special taxes to be prepaid and of the Facilities and the Services. (b) An estimate of the fair and reasonable cost of providing for the CFD 03-02 Special Tax Prepayment, the Facilities and the Services, including the incidental expenses in connection therewith, including the costs of the proposed bond financing, any Authority or City of Temecula administrative costs and all other related costs. Said report shall be made a part of the record of the public hearing provided for below. Section 14. Tuesday, April 26, 2016, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this Board of Directors, City Council Chambers, Temecula City Hall, 41000 Main Street, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District, will conduct a public hearing on the establishment of the District and consider and finally determine whether the public interest, convenience and necessity require the formation of the District and the levy of said special tax. 3 Section 15. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form of Exhibit C hereto. Section 16. The Board of Directors may in the future, by resolution, approve an agreement pursuant to Section 53314.9 of the Law, to accept an advance or advances of funds or work-in-kind from one or more landowners in the District or related entities, which advances may be repaid and work-in-kind may be reimbursed to the person or entity which advanced the funds or work-in-kind subject to compliance with the applicable provisions of Section 53314.9 of the Law. Section 17. The Board of Directors hereby determines that the contemplated formation of a community facilities district and issuance of community facilities district special tax bonds involving the Authority and the District, in accordance with Section 15061(b) of the California Environmental Quality Act (CEQA) Guidelines is not a "Project," as defined in Section 15378 of the CEQA Guidelines, and is therefore exempt from the requirements of CEQA. Pursuant to CEQA Guidelines Sections 15061(d) and 15062, the Secretary is hereby directed to cause a Notice of Exemption to be prepared, executed and filed in regard to the foregoing determination. Section 18. This Resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 22nd day of March, 2016. Michael S. Naggar, Chair ATTEST: Randi Johl, Secretary [SEAL] 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 16- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 22nd day of March, 2016, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary 5 EXHIBIT A TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 16-01 (RORIPAUGH RANCH PHASE 2) DESCRIPTION OF CFD 03-02 SPECIAL TAXES TO BE PREPAID, AND FACILITIES AND SERVICES TO BE FUNDED BY THE DISTRICT CFD 03-02 SPECIAL TAX PREPAYMENT The special taxes to be prepaid are those being levied for the Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) on property to be included in the District, with the prepayment to be in an amount as necessary to repay the portion of the indebtedness of such community facilities district secured by such special taxes. FACILITIES It is intended that the District will finance all or a portion of the costs of the following facilities: Butterfield Stage Road Butterfield Stage Road (BSR) from La Serena to Rancho California Road: Improvements include grading full right-of-way with 2:1 slopes, paving, curb and gutter, median curb, sidewalk, street lights, traffic signals including a new traffic signal at La Serena and signal modifications at Rancho California Road, signing and striping, landscaping, irrigation, storm drain, sewer and water pipelines, and other appurtenant improvements necessary to complete Butterfield Stage Road. Nicolas Road Nicolas Road BSR to the Easterly Metropolitan Water District (MWD) RAN: Improvements include grading right-of-way with 2:1 slopes, paving, asphalt berms, curb and gutter, sidewalk, asphalt path, split rail fence, street lights, landscaping, irrigation, storm drain, underground sewer and water pipelines, and other appurtenant improvements necessary to complete Nicolas Road. Nicolas Road from the Easterly MWD RAN to Liefer Road including construction of Calle Garisol realignment to Nicolas Road: Improvements include grading partial right-of-way (40' travel way) with 2:1 slopes, paving, asphalt berms, curb and gutter, sidewalk, asphalt path, utility relocations, traffic detour, split rail fence, street lights, signing and striping, landscaping, irrigation, sewer, storm drain, bridge over Santa Gertrudis Creek (including channel lining and transition structure to bridge), access road, exit structure and other appurtenant improvements necessary to complete Nicolas Road. A-1 Long Valley Channel Long Valley Channel from BSR to the Easterly Project Boundary: Improvements include grading of channel, flow-by detention basin, construction of drop structures, trapezoidal channel lining, transition structures to Butterfield Stage Road Bridge, rip-rap, grading and paving of access roads, fencing, and other appurtenant improvements necessary to complete Long Valley Channel. Santa Gertrudis Creek Santa Gertrudis Creek from the Habitat Area to the exit channel at MWD R/W: Improvements include a flow-by detention basin, headwalls, trapezoidal channel lining and transition structures; grading, fencing and paving for access roads; desilting and detention basins, rip-rap protection, rip-rap dissipaters, berms, grading of exit structure and other appurtenant improvements necessary to complete Santa Gertrudis Creek. Environmental Mitigation Mitigation for the Long Valley Channel and Santa Gertrudis Creek improvements: Creation of 8.2 acres of habitat within open space to include grading, access road, electrical service, irrigation, plant and seed installation and other appurtenant improvements necessary to complete resource agency conditioned environmental mitigation for the Long Valley Channel and Santa Gertrudis Creek improvements. Sports Park Sports Park at the SE corner of the intersection of Loop Road and BSR: Construct 19.7-acre Sports Park including grading, parking, building, lighting landscaping, irrigation, playing fields, basketball courts, children's play area, equipment with a useful life of five (5) years or more and other appurtenant improvements necessary to complete the Sports Park. Loop Road Loop Road from North BSR intersection to South BSR intersection (public section only): Improvements include grading full right-of-way with 2:1 slopes, paving, curb and gutter, median curb, sidewalk, street lights, signing and striping, landscaping, irrigation, storm drain, sewer and water pipelines, and other appurtenant improvements necessary to complete the public segment of the Loop Road East of BSR. The Facilities shall include the acquisition of right-of-way, the costs of design, engineering and planning, the costs of any environmental or traffic studies, surveys or other reports, the cost of any required environmental mitigation and any required noise mitigation measures, landscaping and irrigation, soils testing, permits, plan check and inspection fees, insurance, legal and related overhead costs, coordination and supervision and any other costs or appurtenances related to any of the foregoing. A-2 SERVICES Is it intended that the District be eligible to fund all or a portion of the costs of the following municipal services: • Public safety services, including police and fire protection, provided to the area within the District. • Maintenance of landscaping in public areas, public easements and public right of way in the area of the District, including along or near Butterfield Stage Road, Murrieta Hot Springs Road, "Loop" Road, Roripaugh Valley Road, and Fiesta Ranch Road, Skyview Park, the Sports Park, such maintenance to include but not be limited to maintenance of planting areas, trees, bioretention filters, multipurpose trails, and the furnishing of water for irrigation. • Maintenance of sidewalks in the area of the District, including Butterfield Stage Road, Murrieta Hot Springs Road, "Loop" Road, Roripaugh Valley Road, and Fiesta Ranch Road. • Maintenance of public signage in the District, including signage along Butterfield Stage Road, Murrieta Hot Springs Road, "Loop" Road, Roripaugh Valley Road, and Fiesta Ranch Road. • Maintenance of storm drainage systems within the area of the District, including those along or adjacent to Butterfield Stage Road, Murrieta Hot Springs Road, "Loop" Road, Roripaugh Valley Road, and Fiesta Ranch Road, and including storm drain pipes, culverts, detention/desilting basins, manholes, catch basins and drop inlets, cleanout of storm drains and catch basin cleaning and inspection. • Maintenance of streets and roadways within the area of the District, including Butterfield Stage Road, Murrieta Hot Springs Road, "Loop" Road, Roripaugh Valley Road, and Fiesta Ranch Road, and including slurry, overlay, curbs and gutters, curb ramps, striping and street sweeping. • Maintenance of street lighting located within the District, including street lights along Butterfield Stage Road, Murrieta Hot Springs Road, "Loop" Road, Roripaugh Valley Road, and Fiesta Ranch Road, and including decorative lighting and pull box assemblies. • Maintenance of traffic signals within the District, including traffic signals in or near Butterfield Stage Road, Murrieta Hot Springs Road, and including electrical, LED replacement, maintenance and replacement. • Graffiti removal from public improvements within the District. The District may fund any of the following related to the services described above: the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the improvements, including repair, removal or replacement of all or part of any of the improvements, the furnishing of water for the irrigation and the furnishing of electric current or energy, for any lights or irrigation facilities, obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and/or equipment, apparatus, facilities or fixtures in areas to be maintained, obtaining supplies or appurtenant facilities necessary for such maintenance, paying the salaries and benefits of personnel necessary or convenient to provide the A-3 services, payment of insurance costs and other related expenses and the provision of reserves for repairs and replacements and for the future provision of services. It is expected that the services will be provided by the City of Temecula, either with its own employees or by contract with third parties, or any combination thereof. The services to be financed by the District shall be in addition to those provided in the territory of the District before the date of creation of the District, and will not supplant services already available within that territory when the District is created. OTHER The District may also finance any of the following: 1. Bond related expenses, including underwriters discount, financial advisor fees and expenses, appraisal and price point study costs, reserve fund, capitalized interest, bond and disclosure counsel fees and expenses, landowner counsel fees and expenses and all other incidental expenses. 2. Administrative fees of the Authority, the City of Temecula and the Bond trustee or fiscal agent related to the District and the Bonds. 3. Reimbursement of costs related to the formation of the District advanced by the Authority, the City of Temecula, any landowner in the District, or any party related to any of the foregoing, as well as reimbursement of any costs advanced by the Authority, the City of Temecula, any landowner in the District or any party related to any of the foregoing, for facilities, fees or other purposes or costs of the District. A-4 RATE AND METHOD OF APPORTIONMENT FOR TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 16-01 (RORIPAUGH RANCH PHASE 2) The following sets forth the Rate and Method of Apportionment for the levy and collection of an Annual Special Tax A and an Annual Special Tax B in the Temecula Public Financing Authority ("PFA") Community Facilities District No. 16-01 ("CFD No. 16-01"). An Annual Special Tax A and an Annual Special Tax B shall be levied on and collected in CFD No. 16-01 each Fiscal Year,in an amount determined through the application of the Rate and Method of Apportionment described below. All of the real property within CFD No. 16-01,unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. SECTION A DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre"or"Acreage"means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on the Assessor's Parcel Map, the land area as shown on the applicable Final Map, or if the land area is not shown on the applicable Final Map,the land area as calculated by the CFD Administrator or City Engineer. "Act" means the Mello-Roos Community Facilities Act of 1982 as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses"means the actual or reasonably estimated costs directly related to the administration of CFD No. 16-01, including but not limited to the following: (i) the costs of computing Special Tax A and Special Tax B (the "Special Taxes") and of preparing the annual Special Tax A and Special Tax B collection schedules (whether by the CFD Administrator or designee thereof, or both); (ii) the costs of collecting the Special Taxes (whether by the Authority, County, City, or otherwise); (iii) the costs of remitting the Special Taxes to the fiscal agent or trustee for any Bonds; (iv) the costs of commencing and pursuing to completion any foreclosure action arising from delinquent Special Tax A; (v) the costs of the fiscal agent or trustee (including its legal counsel) in the discharge of the duties required of it under any Indenture; (vi) the costs of the Authority, City, or designee of complying with arbitrage rebate, mandated reporting and disclosure requirements of applicable federal and State of California laws, and responding to property owner or Bond owner inquiries regarding the Special Taxes; (vii) the costs associated with the release of funds from any escrow account; (viii) the costs of the Authority, City, or designee related to any appeal of a Special Tax; and (ix) an allocable share of the salaries of the City staff and City overhead expense directly relating to the foregoing. Administrative Expenses shall also include amounts advanced by the City or the Authority for any administrative purposes of CFD No. 16-01. "Annual Special Tax A"means for each Assessor's Parcel, the Special Tax A actually levied in a given Fiscal Year on any Assessor's Parcel. Page 1 "Annual Special Tax B" means for each Assessor's Parcel, the Special Tax B actually levied in a given Fiscal Year on any Assessor's Parcel. "Approved Property" means all Assessor's Parcels of Taxable Property other than Provisional Exempt Property: (i) that are included in a Final Map that was recorded prior to the January 1st immediately preceding the Fiscal Year in which the Special Tax A is being levied, and(ii)that have not been issued a building permit on or before the April 1 st immediately preceding the Fiscal Year in which the Special Tax A is being levied. "Assessor" means the County Assessor of the County. "Assessor's Parcel"means a lot or parcel of land designated on an Assessor's Parcel Map with an assigned Assessor's Parcel Number within the boundaries of CFD No. 16-01. "Assessor's Parcel Map"means an official map of the Assessor designating parcels by Assessor's Parcel Number. "Assessor's Parcel Number"means that number assigned to a lot or parcel of land by the Assessor for purposes of identification. "Assigned Annual Special Tax A" means the Special Tax A as described in Section D below. "Backup Annual Special Tax A" means the Special Tax A as described in Section E below. "Board of Directors"means the Board of Directors of the Temecula Public Financing Authority, acting as the legislative body of CFD No. 16-01, or its designee. "Bonds"means any bonds or other indebtedness (as defined in the Act), whether in one or more series, the repayment of which is secured by the levy of Special Tax A on Assessor's Parcels within CFD No. 16-01. "Boundary Map" means a recorded map of the CFD No. 16-01 which indicates the boundaries of CFD No. 16-01. "Building Permit"means the first legal document issued by the City giving official permission for new construction. For purposes of this definition, "Building Permit" may or may not include any subsequent building permits issued or changed after the first issuance, as determined by the CFD Administrator. "Building Square Footage"or"BSF"means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the building permit application for such Assessor's Parcel and subject to verification by the CFD Administrator. "Calendar Year" means the period commencing January 1 of any year and ending the following December 31. "CFD No. 16-01" or "CFD" means Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2) established by the Authority under the Act. Page 2 "CFD Administrator" means the Finance Director of the City, or designee thereof, responsible for, among other things, determining the Special Tax A Requirement for Special Tax A and the Special Tax B Requirement for Special Tax B and providing for the levy and collection of said Special Tax A and Special Tax B. "City" means the City of Temecula, California. "Consumer Price Index" or "CPI" means, for each Fiscal Year, the Consumer Price Index published by the U.S. Bureau of Labor Statistics for"All Urban Consumers: in the Los Angeles— Anaheim—Riverside Area",measured as of the month of December in the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published,the Consumer Price Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for the City of Los Angeles. "County" means the County of Riverside. "Developed Property"means all Assessor's Parcels of Taxable Property that: (i)are included in a Final Map that was recorded prior to January 1 st preceding the Fiscal Year in which Special Tax A and Special Tax B are being levied, and (ii) a building permit was issued on or before April 1st preceding the Fiscal Year in which either or both of the Special Taxes are being levied. "Exempt Property" means all Assessor's Parcels designated as being exempt from the Special Taxes provided for in Section M. "Final Map"means a subdivision of property by recordation of a final map,parcel map, or lot line adjustment, pursuant to the Subdivision Map Act(California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots that do not need, and are not expected,to be further subdivided prior to the issue of a building permit. "Fiscal Year"means the period commencing July 1 of any year and ending the following June 30. "Indenture"means the bond indenture,fiscal agent agreement,trust agreement,resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Type" means Residential Property, Multifamily Residential Property, or Non- Residential Property. "Maximum Special Tax A"means for each Assessor's Parcel of Taxable Property,the maximum Special Tax A, determined in accordance with Section C that can be levied in any Fiscal Year on such Assessor's Parcel. "Maximum Special Tax B"means for each Assessor's Parcel of Taxable Property, the maximum Special Tax B, determined in accordance with Section I that can be levied in any Fiscal Year on such Assessor's Parcel. "Multifamily Residential Property"means all Assessor's Parcels of Developed Property for which a building permit has been issued for the purpose of constructing a building or buildings comprised Page 3 of attached Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the CFD Administrator. "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit was issued for any type of non-residential use. "Partial Prepayment Amount"means the amount required to prepay a portion of the Special Tax A obligation for an Assessor's Parcel, as described in Section H. "Prepayment Amount" means the amount required to prepay the Special Tax A obligation in full for an Assessor's Parcel, as described in Section G. "Proportionately" means for Special Tax A that the ratio of the Annual Special Tax A levy to the applicable Assigned Annual Special Tax A is equal for all applicable Assessor's Parcels. In the case of Special Tax B, "Proportionately" means that the ratio of the Annual Special Tax B levy to the applicable Maximum Special Tax B is equal for all applicable Assessor's Parcels. In the case of Developed Property subject to the apportionment of the Annual Special Tax A under Step Four of Section F, "Proportionately"means that the quotient of(a)Annual Special Tax A less the Assigned Annual Special Tax A divided by (b)the Backup Annual Special Tax A less the Assigned Annual Special Tax A, is equal for all applicable Assessor's Parcels. "Provisional Exempt Property" means all Assessor's Parcels of Taxable Property subject to Special Tax A that would otherwise be classified as Exempt Property pursuant to the provisions of Section M,but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property within the applicable Zone below the required minimum Acreage set forth in Section M. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units,which are not Multifamily Residential Property. "Services" means services authorized to be funded by CFD No. 16-01. "Special Tax A"means any of the Special Taxes authorized to be levied on Taxable Property within and by CFD No. 16-01 pursuant to the Act to fund the Special Tax A Requirement. "Special Tax B"means any of the Special Taxes authorized to be levied on Taxable Property within and by CFD No. 16-01 pursuant to the Act to fund the Special Tax B Requirement. "Special Tax A Requirement"means, subj ect to the Maximum Special Tax A,the amount required in any Fiscal Year to pay: (i)the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii)Administrative Expenses (apportioned between Special Tax A and Special Tax B), (iii) any amount required to establish or replenish any reserve funds established in association with the Bonds, and (iv)the collection or accumulation of funds for the acquisition or construction of facilities or payment of fees authorized by CFD No. 16- 01 by the levy on Developed Property of the Assigned Annual Special Tax A provided that the inclusion of such amount does not cause an increase in the levy of Special Tax A on Approved Property or Undeveloped Property as set forth in Step Two and Three of Section F., less (v) any Page 4 amount available to pay debt service or other periodic costs on the Bonds pursuant to any applicable fiscal agent agreement, or trust agreement. "Special Tax B Requirement" means, subject to the Maximum Special Tax B, that amount to be collected in any Fiscal Year to pay for certain Services as required to meet the needs of CFD No. 16- 01. The costs of Services to be covered shall be the direct costs for (i) Services, and (ii) Administrative Expenses(apportioned between Special tax A and Special Tax B);less(iii)a credit for funds available to reduce the Annual Special Tax B levy, if any, as determined by the CFD Administrator. Under no circumstances shall the Special Tax B Requirement include funds for Bonds. "Taxable Property" means all Assessor's Parcels within CFD No. 16-01, which are not Exempt Property. "Temecula Public Financing Authority" or"PFA" or"Authority"means the Temecula Public Financing Authority, or its designee. "Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not Developed Property, Approved Property or Provisional Exempt Property. "Unit" means any residential structure. "Zone(s)" means Zone 1, Zone 2, Zone 3 or Zone 4 as geographically identified on the Boundary Map of CFD No. 16-01. "Zone 1" means the specific area identified on the Boundary Map as Zone 1 of CFD 16-01. "Zone 2" means the specific area identified on the Boundary Map as Zone 2 of CFD 16-01. "Zone 3" means the specific area identified on the Boundary Map as Zone 3 of CFD 16-01. "Zone 4" means the specific area identified on the Boundary Map as Zone 4 of CFD 16-01. SECTION B CLASSIFICATION OF ASSESSOR'S PARCELS Each Fiscal Year,beginning with Fiscal Year 2016-17, each Assessor's Parcel within CFD No. 16- 01 shall be classified as Taxable Property or Exempt Property. In addition,each Assessor's Parcel of Taxable Property shall be further classified as Developed Property,Approved Property,Undeveloped Property, or Provisional Exempt Property. In addition, each Assessor's Parcel of Developed Property, Approved Property, Undeveloped Property and Provisional Exempt Property shall be classified as being within Zone 1, Zone 2, Zone 3 or Zone 4. If an Assessor's Parcel of Developed Property, Approved Property, Undeveloped Property or Provisional Exempt Property is located within more than one Zone, it shall be deemed to be entirely within the Zone in which the largest portion of its Acreage is located. In addition, each Assessor's Parcel of Developed Property shall further be classified as Residential Property, Multifamily Residential Property or Non-Residential Property. Assessor's Parcels of Residential Property shall be further categorized based on the Building Square Footage of each such Assessor's Parcel. Page 5 SECTION C MAXIMUM SPECIAL TAX A 1. Developed Property The Maximum Special Tax A for each Assessor's Parcel of Residential Property, Multifamily Residential Property or Non-Residential Property in any Fiscal Year shall be the greater of(i)the Assigned Annual Special Tax A or(ii)the Backup Annual Special Tax A. 2. Approved Property, Undeveloped Property, and Provisional Exempt Property The Maximum Special Tax A for each Assessor's Parcel classified as Approved Property, Undeveloped Property, or Provisional Exempt Property in any Fiscal Year shall be the Assigned Annual Special Tax A. SECTION D ASSIGNED ANNUAL SPECIAL TAX A 1. Developed Property Each Fiscal Year, each Assessor's Parcel of Residential Property, Multifamily Residential Property orNon-Residential Property shall be subject to an Assigned Annual Special Tax A. The Assigned Annual Special Tax A applicable to an Assessor's Parcel of Developed Property shall be determined using the Tables below. TABLE 1 ASSIGNED ANNUAL SPECIAL TAX A RATES FOR DEVELOPED PROPERTY WITHIN ZONE I Land Use Type Building Square Footage Rate Residential Property Less than 1,900 $2,110 per Unit Residential Property 1,900—2,199 $2,320 per Unit Residential Property 2,200—2,499 $2,670 per Unit Residential Property 2,500—2,799 $2,860 per Unit Residential Property 2,800—3,099 $2,975 per Unit Residential Property 3,100—3,399 $3,115 per Unit Residential Property Greater than 3,399 $3,235 per Unit Multifamily Residential Prope N/A $22,941 per Acre Non-Residential Property N/A $22,941 per Acre TABLE 2 ASSIGNED ANNUAL SPECIAL TAX A RATES FOR DEVELOPED PROPERTY WITHIN ZONE 2 Land Use Type Building Square Footage Rate Residential Property Less than 4,000 $4,920 per Unit Residential Property 4,000—4,299 $5,185 per Unit Page 6 Residential Property Greater than 4,299 $5,455 per Unit Multifamily Residential Property N/A $7,783 per Acre Non-Residential Property N/A $7,783 per Acre TABLE 3 ASSIGNED ANNUAL SPECIAL TAX A RATES FOR DEVELOPED PROPERTY WITHIN ZONE 3 Land Use Type Building Square Footage Rate Residential Property Less than 1,900 $2,110 per Unit Residential Property 1,900 - 2,199 $2,335 perUnit Residential Property Greater than 2,199 $2,665 per Unit Multifamily Residential Property N/A $32,894 per Acre Non-Residential Property N/A $32,894 per Acre TABLE 4 ASSIGNED ANNUAL SPECIAL TAX A RATES FOR DEVELOPED PROPERTY WITHIN ZONE 4 Land Use Type Building Square Footage Rate Residential Property Less than 4,000 $3,235 per Unit Residential Property 4,000 or Greater $3,890 per Unit Multifamily Residential Pro ert N/A $9,121 per Acre Non-Residential Property N/A $9,121 per Acre 2. Approved Property, Undeveloped Property and Provisional Exempt Property Each Fiscal Year, each Assessor's Parcel of Approved Property,Undeveloped Property and Provisional Exempt Property shall be subject to an Assigned Annual Special Tax A. The Assigned Annual Special Tax A rate for an Assessor's Parcel classified as Approved Property, Undeveloped Property or Provisional Exempt Property shall be determined pursuant to Table 5 below: TABLE 5 ASSIGNED ANNUAL SPECIAL TAX RATES FOR APPROVED PROPERTY, UNDEVELOPED PROPERTY, AND PROVISIONAL EXEMPT PROPERTY Zone Rate Zone 1 $22,941 per Acre Zone 2 $7,783 per Acre Zone 3 $32,894 per Acre Zone 4 $9,121 per Acre Page 7 SECTION E BACKUP ANNUAL SPECIAL TAX A At the time a Final Map is recorded, the CFD Administrator shall determine which Zone the Final Map area lies within and the Backup Annual Special Tax A for all Assessor's Parcels classified or reasonably expected to be classified as Residential Property within such Final Map area shall be determined by multiplying the Maximum Special Tax A rate for Undeveloped Property for the applicable Zone by the total Acreage of Taxable Property, excluding the Provisional Exempt Property Acreage,Non-Residential Property Acreage or Multifamily Residential Property Acreage if any, in such Final Map area and any Acreage reasonably expected to be classified as Exempt Property, and dividing such amount by the total number of such Assessor's Parcels of Residential Property. If the Final Map area described in the preceding paragraph lies within more than one Zone, the Backup Annual Special Tax A for Assessor's Parcels of Residential Property or Assessor's Parcels expected to be classified as Residential Property shall be determined by calculating a Backup Special Tax A rate based upon the weighted average of the Maximum Special Tax A rate for Undeveloped Property for the Zones which the Assessor's Parcel overlaps using the acreage of the Assessor's Parcel that lies within each overlapping Zone and multiplying that weighted average Maximum Special Tax A rate by the total Acreage of the subject Assessor's Parcel. The Backup Annual Special Tax A rate for Multifamily Residential Property or Non-Residential Property shall be its Annual Assigned Special Tax A rate. Notwithstanding the foregoing, if Assessor's Parcels which are classified or to be classified as Residential Property,Non-Residential Property or Multifamily Property are subsequently changed by recordation of a lot line adjustment, Final Map amendment, new Final Map or similar instrument, then the Backup Annual Special Tax A shall be recalculated within the area that has been changed to equal the amount of Backup Annual Special Tax A that would have been generated if such change did not take place. SECTION F METHOD OF APPORTIONMENT OF THE ANNUAL SPECIAL TAX A Commencing Fiscal Year 2016-17 and for each subsequent Fiscal Year,the Board of Directors shall levy Annual Special Tax A in accordance with the following steps: Step One: The Annual Special Tax A shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100%of the applicable Assigned Annual Special Tax A rates in Tables 1, 2, 3 and 4 to satisfy the Special Tax A Requirement. Step Two: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the Annual Special Tax A shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100%of the applicable Assigned Annual Special Tax A to satisfy the Special Tax A Requirement. Step Three: If additional moneys are needed to satisfy the Special Tax A Requirement after the first two steps have been completed, the Annual Special Tax A shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property up to 100% of Page 8 the Assigned Annual Special Tax A for Undeveloped Property applicable to each such Assessor's Parcel as needed to satisfy the Special Tax A Requirement. Step Four: If additional moneys are needed to satisfy the Special Tax A Requirement after the first three steps have been completed, the Annual Special Tax A on each Assessor's Parcel of Developed Property for which the Maximum Special Tax A is the Backup Annual Special Tax A shall be increased Proportionately from the Assigned Annual Special Tax A up to 100%of the Backup Annual Special Tax A as needed to satisfy the Special Tax A Requirement. Step Five: If additional moneys are needed to satisfy the Special Tax A Requirement after the first four steps have been completed, the Annual Special Tax A shall be levied Proportionately on each Assessor's Parcel of Provisional Exempt Property up to 100% of the Assigned Annual Special Tax A applicable to each such Assessor's Parcel as needed to satisfy the Special Tax A Requirement. SECTION G PREPAYMENT OF ANNUAL SPECIAL TAX A The following definitions apply to this Section G: "CFD Public Facilities Amount" means $13,000,000 expressed in 2016 dollars, which shall increase by the Construction Inflation Index on July 1, 2017, and on each July 1 thereafter, or such lower number as(i)shall be determined by the CFD Administrator as sufficient to provide the public facilities under the authorized bonding program, or(ii)shall be determined by the Board of Directors concurrently with a covenant that the CFD will not issue any more Bonds. "Construction Inflation Index" means the annual percentage change in the Engineering News- Record Building Cost Index for the City of Los Angeles, measured as of the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles. "Future Facilities Costs" means the CFD Public Facilities Amount minus (i) Bond proceeds deposited in Improvement Funds and accounts and (ii) other amounts (special taxes, interest earnings, etc.) allocated to Improvement Funds and accounts that were available to fund such CFD Public Facilities Amount prior to the date of prepayment. "Improvement Fund" means, collectively, an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct public facilities eligible under the Act and any account established prior to the issuance of Bonds for such purpose. "Outstanding Bonds"means all previously issued Bonds,which will remain outstanding after the payment of principal from the amount of Special Tax A that have been levied,excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Special Tax A. Prepayment in Full Page 9 The Maximum Special Tax A obligation may be prepaid and permanently satisfied for(i)Assessor's Parcels of Developed Property, (ii) Assessor's Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, (iii)Approved or Undeveloped Property for which a Building Permit has not been issued, and (iv) Assessor's Parcels of Provisional Exempt Property that are not Exempt Property pursuant to Section M. The Maximum Special Tax A obligation applicable to a Assessor's Parcel may be fully prepaid and the obligation to pay the Special Tax A for such Assessor's Parcel permanently satisfied as described herein;provided that a prepayment may be made only if there are no delinquent Special Tax A with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Maximum Special Tax A obligation for such Assessor's Parcel shall provide the CFD Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice,the CFD Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount(as defined below)for the Assessor's Parcel. Within 15 business days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the Prepayment Amount for the Assessor's Parcel. Prepayment must be made not less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes. The Prepayment Amount (defined below) shall be calculated as follows (capitalized terms are defined below): Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit Equals: Prepayment Amount The Prepayment Amount shall be determined as of the proposed prepayment date as follows: 1. Confirm that no Special Tax A delinquencies apply to such Assessor's Parcel. 2. For an Assessor's Parcel of Developed Property, compute the Maximum Special Tax A for the Assessor's Parcel. For an Assessor's Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax A for the Assessor's Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Assessor's Parcel. For an Assessor's Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, Provisional Exempt Property, to be prepaid, compute the Maximum Special Tax A for the Assessor's Parcel. 3. Divide the Maximum Special Tax A derived pursuant to paragraph 2 by the total amount of Special Tax A that could be levied at the Maximum Special Tax A for all Assessor's Parcels of Taxable Property based on the applicable Maximum Special Tax A, including for Assessor's Parcels of Approved Page 10 Property or Undeveloped Property for which a Building Permit has been issued, the Maximum Special Tax A for the Assessor's Parcel as though it was already designated as Developed Property,not including any Assessor's Parcels for which the Special Tax A obligation has been previously prepaid. 4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the "Bond Redemption Amount"). 5. Multiply the Bond Redemption Amount by the applicable redemption premium,if any, on the Outstanding Bonds to be redeemed(the"Redemption Premium"). 6. Determine the Future Facilities Costs. 7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Assessor's Parcel (the "Future Facilities Amount"). 8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds on which Bonds can be redeemed from Special Tax prepayments. 9. Determine the Special Tax A levied on the Assessor's Parcel in the current Fiscal Year which have not yet been paid. 10. Determine the amount the CFD Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount. 11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the"Defeasance Amount"). 12. Verify the administrative fees and expenses of the CFD,including the cost of computation of the Prepayment Amount, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Maximum Special Tax obligation for the Assessor's Parcel and the redemption of Outstanding Bonds (the"Administrative Fees and Expenses"). 13. The reserve fund credit(the"Reserve Fund Credit")shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture),if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new Page 11 reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date,but in no event shall such amount be less than zero. 14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit. 15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities Amount shall be deposited into the Improvement Fund. The Administrative Fees and Expenses shall be retained by the CFD. The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax A prepayments of Outstanding Bonds or to make debt service payments. As a result of the payment of the current Fiscal Year's Special Tax A levy as determined pursuant to paragraph 9 above, if applicable, the CFD Administrator shall remove the current Fiscal Year's Special Tax A levy for the Assessor's Parcel from the County tax roll. With respect to any Assessor's Parcel for which the Maximum Special Tax A obligation is prepaid,the Board shall cause a suitable notice to be recorded in compliance with the Act,to indicate the prepayment of Maximum Special Tax A obligation and the release of the Special Tax A lien for the Assessor's Parcel, and the obligation to pay the Special Tax A for such Assessor's Parcel shall cease. Notwithstanding the foregoing,no Special Tax A prepayment shall be allowed unless the amount of Maximum Special Tax A that may be levied on all Assessor's Parcels of Taxable Property,excluding all Provisional Exempt Property and all Assessor's Parcels with delinquent Special Taxes, after the proposed prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses. Tenders of Bonds in prepayment of the Maximum Special Tax A obligation may be accepted upon the terms and conditions established by the Board pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the Board. SECTION H PARTIAL PREPAYMENT OF ANNUAL SPECIAL TAX A The Maximum Special Tax A obligation for an Assessor's Parcel of Developed Property,Approved Property or Undeveloped Property may be partially prepaid.For purposes of determining the partial prepayment amount, the provisions of Section G shall be modified as provided by the following formula: Page 12 PP = ((PE—A)x F) +A These terms have the following meaning: PP =Partial Prepayment PE =the Prepayment Amount calculated according to Section G F=the percent by which the owner of the Assessor's Parcel(s)is partially prepaying the Maximum Special Tax A obligation A=the Administrative Fees and Expenses determined pursuant to Section G The owner of an Assessor's Parcel who desires to partially prepay the Maximum Special Tax A obligation for the Assessor's Parcel shall notify the CFD Administrator of(i)such owner's intent to partially prepay the Maximum Special Tax A obligation,(ii)the percentage of the Maximum Special Tax A obligation such owner wishes to prepay, and(iii)the company or agency that will be acting as the escrow agent, if any. Within 5 business days of receipt of such notice, the CFD Administrator shall notify such property owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 business days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the amount of the Partial Prepayment for the Assessor's Parcel. A Partial Prepayment must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment. With respect to any Assessor's Parcel for which the Maximum Special Tax A obligation is partially prepaid,the CFD Administrator shall(i)distribute the Partial Prepayment as provided in Paragraph 15 of Section G and(ii)indicate in the records of the CFD that there has been a Partial Prepayment for the Assessor's Parcel and that a portion of the Special Tax A obligation equal to the remaining percentage(1.00-F)of Special Tax A obligation will continue on the Assessor's Parcel pursuant to Section F. SECTION I MAXIMUM SPECIAL TAX B 1. Developed Property Maximum Special Tax B Each Fiscal Year, each Assessor's Parcel of Residential Property or Multifamily Residential Property shall be subject to a Maximum Annual Special Tax B. The Maximum Annual Special Tax B applicable to an Assessor's Parcel of Developed Property shall be determined using the Table 6 below. TABLE 6 MAXIMUM SPECIAL TAX B RATES FOR DEVELOPED PROPERTY Land Use Type Rate Residential Property $432 per Unit Page 13 Non-Residential Property $2,766 per Acre Multifamily Residential $2,766 per Acre Property 2. Approved Property, Undeveloped Property and Provisional Exempt Property No Special Tax B shall be levied on Approved Property, Undeveloped Property and Provisional Exempt Property. 3. Increase in the Maximum Special Tax B On each July 1, commencing July 1,2017,the Maximum Special Tax B shall be increased by an amount equal to CPI or two percent(2%),whichever is greater, of the amount in effect for the previous Fiscal Year. SECTION J METHOD OF APPORTIONMENT OF THE ANNUAL SPECIAL TAX B Commencing with Fiscal Year 2016-17 and for each following Fiscal Year, the City shall levy the Special Tax B at up to 100% of the applicable Maximum Special Tax B, Proportionately on each Assessor's Parcel of Developed Property until the amount of Special Tax B equals the Special Tax B Requirement. SECTION K PREPAYMENT OF ANNUAL SPECIAL TAX B No prepayments of Annual Special Tax B are permitted. SECTION L TERM OF THE SPECIAL TAX A AND SPECIAL TAX B For each Fiscal Year that any Bonds are outstanding the Annual Special Tax A shall be levied on all Assessor's Parcels subject to the Annual Special Tax A. If any delinquent Annual Special Tax A amounts remain uncollected prior to or after all Bonds are retired,the Annual Special Tax A may be levied to the extent necessary to reimburse CFD 16-01 for uncollected Annual Special Tax A amounts associated with the levy of such Annual Special Tax A amounts,but not later than the 2061- 62 Fiscal Year. For each Fiscal Year, Special Tax B shall be levied in perpetuity as long as the Services are being provided. SECTION M EXEMPT PROPERTY The CFD Administrator shall classify as Exempt Property within the applicable Zone,(i)Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor's Parcels which are used as places of worship and are exempt from ad valorem property Page 14 taxes because they are owned by a religious organization, (iii)Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor's Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) other types of public uses determined by the CFD Administrator. The CFD Administrator shall classify such Assessor's Parcels as Exempt Property in the chronological order in which property becomes Exempt. Notwithstanding the foregoing,the CFD Administrator for purposes of levying the Special Tax shall not classify an Assessor's Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property within the applicable Zone to less than the Acreage amounts listed in Table 7 below. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property within the applicable Zone to less than the Acreage amounts listed in Table 7 will be classified as Provisional Exempt Property, and will be subject to the levy of Special Tax pursuant to Step Five in Section F. TABLE 7 MINIMUM TAXABLE ACRES Zone Acres Zone 1 116.64 Zone 2 52.65 Zone 3 9.65 Zone 4 22.54 SECTION N APPEALS AND INTERPRETATIONS Any property owner claiming that the amount or application of the Annual Special Tax A or Annual Special Tax B is not correct may file a written notice of appeal with the CFD Administrator not later than twelve months after having paid the first installment of the Special Tax A or Annual Special Tax B that is disputed. The CFD Administrator of CFD No. 16-01 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Annual Special Tax A or Annual Special Tax B, and rule on the appeal. If the CFD Administrator's decision requires that the Annual Special Tax A or Annual Special Tax B for an Assessor's Parcel be modified or changed in favor of the property owner, a cash refund shall not be made (except for the last year of levy in the case of the Annual Special Tax A), but an adjustment shall be made to the Annual Special Tax A or Annual Special Tax B on that Assessor's Parcel in the subsequent Fiscal Year(s). The Board of Directors may interpret this Rate and Method of Apportionment of Annual Special Tax A and Annual Special Tax B for purposes of clarifying any ambiguity and make determinations relative to the amount of Administrative Expenses. SECTION O MANNER OF COLLECTION Page 15 The Annual Special Tax A and Annual Special Tax B shall be collected in the same manner and at the same time as ordinary ad valorem property taxes,provided,however,that CFD 16-01 may collect the Annual Special Tax A and Annual Special Tax B at a different time or in a different manner if necessary to meet its financial obligations. Page 16 EXHIBIT C TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 16-01 (RORIPAUGH RANCH PHASE 2) NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of Directors of the Temecula Public Financing Authority will conduct a public hearing on Tuesday, April 26, 2016 at 7:00 p.m. or as soon thereafter as practicable, in the Temecula City Council chambers located at 41000 Main Street, Temecula, California, to consider the following: INTENT TO FORM TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO 16-01 (RORIPAUGH RANCH PHASE 2) On March 22, 2016, the Board of Director's of the Temecula Public Financing Authority adopted a Resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Therein — Roripaugh Ranch Phase 2" (the "Resolution of Intention"). Reference is hereby made to the Resolution of Intention on file in the office of the Secretary of the Temecula Public Financing Authority for further particulars. In the Resolution of Intention, the Board of Directors declared its intention to form the Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2) to fund costs of prepaying certain special taxes, and to fund costs of certain public improvements and municipal services identified in an exhibit to the Resolution of Intention. The proposed boundaries of the community facilities district were identified, and the Resolution of Intention identified a proposed special tax to be levied on real property to be included in the community facilities district to pay for costs of prepaying certain special taxes, and to fund costs of the public improvements and the municipal services, and/or to pay debt service on bonds to be issued, in a principal amount not to exceed $60,000,000, for the community facilities district to finance costs of prepaying certain special taxes and of costs of the public improvements. In the Resolution of Intention, the Board of Directors provided that the levy of the special tax will be subject to a mailed ballot election among the landowners in the community facilities district. The Board of Directors authorized the Executive Director of the Temecula Public Financing Authority to execute a joint community facilities agreement with the City of Temecula, the Temecula Community Services District, the County of Riverside and any other public entity that will own and/or operate any of the public improvements, or that will provide any of the services, to be funded by the community facilities district, ordered the Director of Public Works of the City to prepare a report on the community facilities district, and called for a public hearing on the community facilities district. At the hearing, the testimony of all interested persons or taxpayers for or against the establishment of the community facilities district, the extent of the community facilities district or the prepayment of the special taxes and the furnishing of specified types of public improvements and services will be heard. Any person interested may file a protest in writing with the Secretary. If fifty percent or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be included in the community facilities district, or the owners of one-half or more of the area of land in the territory proposed to be included in the community facilities district and not exempt from the special tax file written protests against the establishment of the community facilities district and the protests are not withdrawn to reduce the value of the protests to less than a majority, the Board of C-1 Directors of the Authority shall take no further action to establish the community facilities district or authorize the special taxes for a period of one year from the date of the decision of the Board of Directors, and if the majority protests of the registered voters or the landowners are only against the prepayment of special taxes or the furnishing of a type or types of public improvements or services within the community facilities district, or against levying a specified special tax, that prepayment, those types of public improvements or services, or the specified special tax, will be eliminated from the proceedings to form the community facilities district. Any person interested in these matters is invited to attend and present testimony either for or against the above item. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Board of Directors of the Authority at or prior to the public hearing. /s/ Randi Johl Secretary, Temecula Public Financing Authority C-2 SHEET 1 OF 1 SHEET PROPOSED BOUNDARY MAP FILED IN THE OFFICE OF THE SECRETARY OF THE TEMECULA PUBLIC FINANCING AUTHORITY TEMECULA PUBLIC FINANCING AUTHORITY THIS COMMUNITY FACILITIES DISTRICT NO. 16-01 DAY OF ,2016. (RORIPAUGH RANCH PHASE 2), COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SECRETARY TEMECULA PUBLIC FINANCING AUTHORITY ZONE 1 APN's ZONE 3 APN I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING 964-180-004 964-460-009 PROPOSED TEMECULA PUBLIC FINANCING AUTHORITY 964-180-005 COMMUNITY FACILITIES DISTRICT NO. 16-01 (RORIPAUGH RANCH PHASE 2),COUNTY OF RIVERSIDE, 964-180-017 ZONE 4 APN's STATE OF CALIFORNIA,WAS APPROVED BY THE BOARD 964-180-018 OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING N1U 964-180-020 964-460-003 964-460 007 964-180-022 AUTHORITY AT A REGULAR MEETING THEREOF, -Rl�/FT 964-460-005 HELD ON THE DAY OF AH6TS NGS R 964-180-023 964-460-007 20 ,BY ITS RESOLUTION NO. 964-180-024 964-460-008 964-180-025 964-460-017 SECRETARY osaasaooaLu qo 964-460-018 TEMECULA PUBLIC FINANCING AUTHORITY ZONE 2 APN's 964-460-019 O RECORDED THIS DAY OF , 20 �v 964-180-019 AT THE HOUR OF O'CLOCK M IN BOOK 96 46Mosalaaola 964-180-026 PAGE OF MAPS OF ASSESSMENT AND COMMUNITY esa=aaaoos 964-180-027 FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY osalaaov RECORDER, IN THE COUNTY OF RIVERSIDE,STATE OF1-A R0000 N� osa-lac-ccS CALIFORNIA os-a-aso-oli osa-lao-ooa - ------osa-aso-ola FEE: NO.: osa-aso-dds �� PETER ALDANA,ASSESSOR,COUNTY CLERK,RECORDER 9644M19NORTH-LOOP- o64180-019 964-lac-oto BY: DEPUTY oba18U U22 LEGEND VICINITY MAP 9s4180025 NOT TO SCALE esaleao2a 964180 024 COMMUNITY FACILITIES DISTRICT BOUNDARY {CLE G 2RCES 964-180-026 96a180 02 PARCEL LINE aRE1A°.PRN: XXX-XXX-XXX ASSESSOR'S PARCEL NUMBER N E Wqy ZONE 1 QYt-7F �, PpEL�'T, ® ZONE 2 ZONE 3 ZONE 4 THIS BOUNDARY MAP CORRECTLY SHOWS THE LOT OR PARCEL A L. B EER TT TA. OF LAND INCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY WH K K FACILITIES DISTRICT. FOR DETAILS CONCERNING THE LINES AND NOT TO SCALE A 5 5 O C A T e s DIMENSIONS OF LOTS OR PARCELS REFER TO THE COUNTY s ASSESSOR'S MAPS FOR FISCAL YEAR 2015-2016. W.0. 15-0029 RESOLUTION NO. TPFA 16- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 16-01 (RORIPAUGH RANCH PHASE 2) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. This Board of Directors has this date adopted its Resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention to Establish a Community Facilities District and To Authorize the Levy of Special Taxes Therein — Roripaugh Ranch Phase 2," stating its intention to form a community facilities district pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Law"), for the purpose of financing the costs of the prepayment of certain special taxes (the "CFD 03-02 Special Tax Prepayment"), the costs of certain public improvements (the "Facilities"), and the costs of providing certain municipal services. Section 2. This Board of Directors estimates the amount required for the financing of the costs of the CFD 03-02 Special Tax Prepayment and the Facilities to be approximately $55,000,000, and in order to finance said CFD 03-02 Special Tax Prepayment and Facilities it is necessary to incur bonded indebtedness of the proposed Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2) (the "District") in the amount of not to exceed $60,000,000. Section 3. The bonded indebtedness is proposed to be incurred for the purpose of financing all or a portion of the costs of the CFD 03-02 Special Tax Prepayment and of the Facilities, including costs incidental to or connected with the accomplishment of said purposes and of the financing thereof. Section 4. This Board of Directors, acting as legislative body for the District, intends to authorize the issuance and sale of bonds in the maximum aggregate principal amount of $60,000,000, bearing interest payable semi-annually or in such other manner as this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and maturing not to exceed forty (40) years from the date of the issuance of said bonds. Section 5. Tuesday, April 26, 2016, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this Board of Directors, City Council Chambers, Temecula City Hall, 41000 Main Street, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District, will conduct a public hearing on the proposed debt issue and consider and finally determine whether the public interest, convenience and necessity require the issuance of bonds of the Authority for the District. Section 6. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation circulated within the District. The publication of said notice shall be completed at least seven (7) days before the date herein set for said public hearing. The notice shall be substantially in the form of Exhibit A hereto. Section 7. This Resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 22nd day of March, 2016. Michael S. Naggar, Chair ATTEST: Randi Johl, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 16- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 22nd day of March, 2016, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary EXHIBIT A TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 16-01 (RORIPAUGH RANCH PHASE 2) NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of Directors of the Temecula Public Financing Authority will conduct a public hearing on Tuesday, April 26, 2016 at 7:00 p.m. or as soon thereafter as practicable, in the Temecula City Council chambers located at 41000 Main Street, Temecula, California, to consider the following: INTENT TO INCUR INDEBTEDNESS TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO 16-01 (RORIPAUGH RANCH PHASE 2) On March 22, 2016, the Board of Directors of the Temecula Public Financing Authority adopted a Resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention To Incur Bonded Indebtedness of the Proposed Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2)" (the "Resolution of Intention to Incur Indebtedness"). Reference is hereby made to the Resolution of Intention to Incur Indebtedness on file in the office of the Secretary of the Temecula Public Financing Authority for further particulars. In the Resolution of Intention to Incur Indebtedness, the Board of Directors declared its intention to authorize the issuance and sale of bonds in the maximum principal amount of $60,000,000 for the Temecula Public Financing Authority Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2) to finance costs of the prepayment of certain special taxes and costs of certain public improvements. The testimony of all interested persons, including all persons owning property in the area included in the proposed community facilities district, for or against the proposed debt issuance will be heard at the public hearing. Any person interested in these matters is invited to attend and present testimony either for or against the above item. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Board of Directors at or prior to the public hearing. /s/ Randi Johl Secretary, Temecula Public Financing Authority CITY COUNCIL BUSINESS Item No . 15 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas Garcia, Director of Public Works/City Engineer DATE: March 22, 2016 SUBJECT: Introduce Ordinance Amending Section 10.28.010(D) of the Temecula Municipal Code Regarding Prima Facie Speed Limits on Certain Streets PREPARED BY: Jerry Gonzalez, Associate Engineer- Traffic RECOMMENDATION: 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, AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS SUMMARY OF ORDINANCE: The Temecula Municipal Code is hereby amended as follows to modify the declared prima facie speed limits on the following streets: Declared Name of Street and Portion Affected Prima Facie Speed Limit Miles Per Hour Avenida Barca 35 Margarita Road to Del Rey Road Butterfield Stage Road 55 Murrieta Hot Springs Road to De Portola Road Butterfield Stage Road 50 De Portola Road to Temecula Parkway Butterfield Stage Road 45 Temecula Parkway to Nighthawk Pass Jefferson Avenue 40 North City Limit to Rancho California Road Pechanga Parkway 40 Temecula Parkway to Rainbow Canyon Road Pechanga Parkway 45 Rainbow Canyon Road to South City Limit Winchester Road 50 Dendy Parkway to Diaz Road Winchester Road 40 Diaz Road to Roripaugh Road Winchester Road 50 Roripaugh Road to Nicolas Road Winchester Road 55 Nicolas Road to East City Limit Ynez Road 45 North City Limit to Jedediah Smith Road BACKGROUND: The California Vehicle Code (CVC) requires local authorities to review, reaffirm or adjust speed limits within their jurisdiction every seven years on the basis of an Engineering and Traffic Survey. The CVC also mandates that new speed limits be established on the basis of an Engineering and Traffic Survey. The Engineering and Traffic Survey provides the mechanism for the legal enforcement of the posted speed limit by the use of radar or any other electronic speed-measuring device. As defined in the California Vehicle Code, an Engineering and Traffic Survey is "a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities." The survey shall include, but not be limited to, consideration of prevailing speeds as determined by traffic engineering measurements, accident statistics, and highway, traffic, and roadside conditions not readily apparent to the driver. These characteristics are all considered when determining a reasonable and prudent posted speed limit. It should be noted that establishing a speed limit, which is not consistent with the 85th percentile speed, constitutes a "speed trap" and is not enforceable by the use of radar or any other electronic speed-measuring device. An Engineering and Traffic Survey was conducted by Willdan Engineering on six arterials, which included forty-three segments. The survey indicates that the majority of existing speed limits do not require a change, and the recommended speed limits are consistent with the existing posted speed limits. There are however, seven existing segments where an increase to the posted speed limit is being recommended. The segments are as follows: Segment MPH Increase Butterfield Stage Road 50 MPH to 55 MPH La Serena Way to Rancho California Road Butterfield Stage Road 50 MPH to 55 MPH Rancho California Road to Rancho Vista Road Butterfield Stage Road 50 MPH to 55 MPH Rancho Vista Road to Pauba Road Butterfield Stage Road 50 MPH to 55 MPH Pauba Road to De Portola Road Pechanga Parkway 40 MPH to 45 MPH Wolf Valley Road to Casino Drive South Pechanga Parkway 40 MPH to 45 MPH Casino Drive South to South City Limit Winchester Road 45 MPH to 50 MPH Roripaugh Road to Nicolas Road A decrease to the posted speed limit is being recommended on the following segment: Segment MPH Decrease Winchester Road 45 MPH to 40 MPH Margarita Road to Roripaugh Road Additionally, establishment of a posted speed limit is recommended at the following location: Location MPH Recommended Avenida Barca 35 MPH Margarita Road to Del Rey Road The recommended posted speed limits conform to the requirements of the California Vehicle Code and the Caltrans Manual on Uniform Traffic Control Devices for establishing prudent posted speed limits that are consistent with roadway conditions, prevailing speeds, and more importantly, enforceable. At the meeting of February 25, 2016, the Public/Traffic Safety Commission considered the proposed speed limit changes and reaffirmations and approved (3-0-1) the staff recommendation that the City Council adopt an Ordinance establishing the speed limits identified in the exhibit attached to the Engineering and Traffic Survey entitled Summary of Recommendations. Chairperson Richardson recused himself from the vote due to a conflict with the proximity of his residence. FISCAL IMPACT: Adequate funds are available in the Public Works Sign Maintenance Account No. 001.164.602.5244, and the Public Works Striping and Stenciling Account No. 001.164.602.5410. ATTACHMENTS: 1. Ordinance 2. Summary of Recommendations ORDINANCE NO. 16- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 10.28.010(D) of the Temecula Municipal Code is hereby amended as follows to modify the described prima facie speed limits only on the following streets: Declared Prima Name of Street Facie Speed Limit And Portion Affected Miles Per Hour Avenida Barca Margarita Road to Del Rey Road 35 Butterfield Stage Road Murrieta Hot Springs Road to De Portola Road 55 Butterfield Stage Road De Portola Road to Temecula Parkway 50 Butterfield Stage Road Temecula Parkway to Nighthawk Pass 45 Jefferson Avenue North City Limit to Rancho California Road 40 Pechanga Parkway Temecula Parkway to Rainbow Canyon Road 40 Pechanga Parkway Rainbow Canyon Road to South City Limit 45 Winchester Road Dendy Parkway to Diaz Road 50 Winchester Road Diaz Road to Roripaugh Road 40 Winchester Road Roripaugh Road to Nicolas Road 50 Winchester Road Nicolas Road to East City Limit 55 Ynez Road North City Limit to Jedediah Smith Road 45 Section 2. Severability. The Temecula City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. 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 22nd day of March, 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 • - Summary of Recommendations Posted SpeedSpeed Critical Recommended To Limit Speed Limit AommhWien 1 AVENIDA BARCA MARGARITA RD. DEL REY RD. NP 35 35 CLOSEST TO 85TH SPEED 2 BUTTERFIELD MURRIETA HOT CALLE CHAPOS 55 57 55 CLOSEST TO 85TH SPEED STAGE RD. SPRINGS RD. 3 BUTTERFIELD CALLE CHAPOS LA SERENA WAY 55 58 55 CALIFORNIA MUTCD OPTION 2 STAGE RD. 4 BUTTERFIELD LA SERENA WAY RANCHO 50 56 55 CLOSEST TO 85TH SPEED STAGE RD. CALIFORNIA RD. 5 BUTTERFIELD RANCHO RANCHO VISTA RD. 50 57 55** CLOSEST TO 85TH SPEED STAGE RD. CALIFORNIA RD. 6 BUTTERFIELD RANCHO VIST RD. PAUBA RD. 50 57 55 CLOSEST TO 85TH SPEED STAGE RD. 7 BUTTERFIELD PAUBA RD. DE PORTOLA RD. 50/55 57 55 CLOSEST TO 85TH SPEED STAGE RD. 8 BUTTERFIELD DE PORTOLA RD. TEMECULA PKWY. 50 50 50 CLOSEST TO 85TH SPEED STAGE RD. 9 BUTTERFIELD TEMECULA PKWY. WELTON WAY 45 49 45** CALIFORNIA MUTCD OPTION 2 STAGE RD. 10 BUTTERFIELD WELTON WAY NIGHTHAWK PASS 45 50 45** STAGE RD. 11 JEFFERSON AVE. NORTH CITY LIMIT WINCHESTER RD. 40 35 40 12 JEFFERSON AVE. WINCHESTER RD. OVERLAND DR. 40 38 40 CLOSEST TO 85TH SPEED 13 JEFFERSON AVE. OVERLAND DR. VIA MONTEZUMA 40 41 40 CLOSEST TO 85TH SPEED 14 JEFFERSON AVE. VIA MONTEZUMA DEL RIO RD. 40 42 40 CLOSEST TO 85TH SPEED * See "Segments with Special Conditions" Section for Comments **= 25 mph when children are present 2016 Engineering and Traffic Survey 8 City of Temecula 15 JEFFERSON AVE. DEL RIO RD. RANCHO 40 44 40 CALIFORNIA MUTCD OPTION 2 CALIFORNIA RD. 16 PECHANGA PKWY. TEMECULA PKWY. DINBOW CANYON 40 40 40 CLOSEST TO 85TH SPEED 17 PECHANGA PKWY. DINBOW CANYON MURFIELD DR. 45 51 45 18 PECHANGA PKWY. MURFIELD DR. LOMA LINDA RD. 45 47 45 CLOSEST TO 85TH SPEED 19 PECHANGA PKWY. LOMA LINDA RD. WOLF VALLEY RD. 45 50 45 20 PECHANGA PKWY. WOLF VALLEY RD. CASINO DR. SOUTH 40 45 45 CLOSEST TO 85TH SPEED 21 PECHANGA PKWY. CASINO DR. SOUTH SOUTH CITY LIMITS 40 46 45 CLOSEST TO 85TH SPEED 22 WINCHESTER RD. DENDY PKWY. FULLER RD. 50 46 50 23 WINCHESTER RD. FULLER RD. DIAZ RD- 50 52 50 CLOSEST TO 85TH SPEED 24 WINCHESTER RD. DIAZ RD. ENTERPRISE CIRCLE 40 40 40 CLOSEST TO 85TH SPEED 25 WINCHESTER RD. ENTERPRISE CIRCLE JEFFERSON AVE. 40 43 40 CALIFORNIA MUTCD OPTION 2 26 WINCHESTER RD. JEFFRESON AVE. YNEZ RD. 40 33 40 27 WINCHESTER RD. YNEZ RD. PROMENADE MALL 40 39 40 CLOSEST TO 85TH SPEED WEST 28 WINCHESTER RD. PROMENADE MALL PROMENADE MALL 40 41 40 CLOSEST TO 85TH SPEED WEST EAST 29 WINCHESTER RD. PROMENADE MALL MARGARITA RD. 40 42 40 CLOSEST TO 85TH SPEED EAST * See "Segments with Special Conditions" Section for Comments **= 25 mph when children are present 2016 Engineering and Traffic Survey 9 City of Temecula Table Summary of • • . • Posted • . - . 1 ,. SpeedLimit Speed Limit Co 30 WINCHESTER RD. MARGARITA RD. RORIPAUGH RD. 45 41 40 CLOSEST TO 85TH SPEED 31 WINCHESTER RD. RORIPAUGH RD. NICOLAS RD. 45 48 50** CLOSEST TO 85TH SPEED 32 WINCHESTER RD. NICOLAS RD. EAST CITY LIMIT 55 55 55 CLOSEST TO 85TH SPEED 33 YNEZ RD. NORTH CITY LIMITS DATE ST. 45 40 45 34 YNEZ RD. DATE ST. EQUITY DR. 45 45 45 CLOSEST TO 85TH SPEED 35 YNEZ RD. EQUITY DR. WINCHESTER RD. 45 46 45 CLOSEST TO 85TH SPEED 36 YNEZ RD. WINCHESTER RD. OVERLAND DR. 45 41 45 37 YNEZ RD. OVERLAND DR. SOLANA WAY 45 43 45 CLOSEST TO 85TH SPEED 38 YNEZ RD. SOLANA WAY CALIFORNIA RD.NCHO 45 47 45 CLOSEST TO 85TH SPEED 39 YNEZ RD. RANCHO RANCHO VISTA RD. 45 49 45 CALIFORNIA MUTCD OPTION 2 CALIFORNIA RD. 40 YNEZ RD. RANCHO VISTA RD. PAUBA RD. 45 47 45 CLOSEST TO 85TH SPEED 41 YNEZ RD. PAUBA RD. SANTIAGO RD. 45 47 45 CLOSEST TO 85TH SPEED 42 YNEZ RD. SANTIAGO RD. LA PAZ ST, 45 49 45 CALIFORNIA MUTCD OPTION 2 43 YNEZ RD. LA PAZ ST. JEDEDIAH SMITH RD. 45 49 45 CALIFORNIA MUTCD OPTION 2 * See"Segments with Special Conditions" Section for Comments **= 25 mph when children are present 2016 Engineering and Traffic Survey 10 City of Temecula JOINT MEETING OF THE CITY COUNCIL , OLD TOWN LOCAL REVIEW BOARD AND COMMUNITY SERVICES COMMISSION Item No . 16 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: March 22, 2016 SUBJECT: Conduct Annual Joint Meeting Between the City Council and the Old Town Local Review Board PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council conduct the annual joint meeting between the City Council and the Old Town Local Review Board. BACKGROUND: On January 26, 2016 the City Council approved an amendment to the role and authority of Board and Commission Members, as set forth in the handbook, to include annual joint meetings between the City Council and each board and/or commission. At the annual joint meeting, each board and/or commission will provide a brief overview of the previous year highlights, anticipated activities for the upcoming year, and take further direction from the City Council as necessary. The schedule for the 2016 annual joint meetings is as follows: Planning Commission (conducted on March 8, 2016), Community Services Commission/Old Town Local Review Board (March 22, 2016), and Public Traffic/Safety Commission (April 12, 2016). FISCAL IMPACT: None ATTACHMENTS: None Item No . 17 Approvals City Attorney /'�� Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: March 22, 2016 SUBJECT: Conduct Annual Joint Meeting Between the City Council and the Community Services Commission PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council conduct the annual joint meeting between the City Council and the Community Services Commission. BACKGROUND: On January 26, 2016 the City Council approved an amendment to the role and authority of Board and Commission Members, as set forth in the handbook, to include annual joint meetings between the City Council and each board and/or commission. At the annual joint meeting, each board and/or commission will provide a brief overview of the previous year highlights, anticipated activities for the upcoming year, and take further direction from the City Council as necessary. The schedule for the 2016 annual joint meetings is as follows: Planning Commission (conducted on March 8, 2016), Community Services Commission/Old Town Local Review Board (March 22, 2016), and Public Traffic/Safety Commission (April 12, 2016). FISCAL IMPACT: None ATTACHMENTS: None DEPARTMENT REPORTS Item No . 18 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Community Development Director DATE: March 22, 2016 SUBJECT: Community Development Department Monthly Report PREPARED BY: Lynn Kelly-Lehner, Senior Management Analyst RECOMMENDATION: Receive and file. The following are the highlights for the Community Development Department for the month of February 2016. CURRENT PLANNING ACTIVITIES New Cases: In February, Planning received 28 new applications, including 3 pre-applications,and conducted 3 Public Hearings. A detailed account of current planning activities is attached to this report. Audi Dealership: On February 18, 2015, staff received a pre-application for a 37,000 square foot Audi dealership to be located on Temecula Center Drive, adjacent to 1-15 and south of the existing Mercedes-Benz of Temecula dealership. A Development Plan application was filed for the project on April 6,2015. A community meeting was held with the Harveston community on March 25,2015 to discuss the plans for the dealership. Approximately 20 Harveston residents attended the meeting and were positive about the addition of the Audi dealership to the community. A Supplemental EIR is being prepared for the project and went out for public review from July 20,through September 8, 2015. A second community meeting was held with the Harveston communityon August 13,2015,to discuss the findings of the Supplemental EIR and to provide updates on the project. The Planning Commission approved Audi on October 21, 2015 and construction is anticipated to begin in March 2016. (FISK) Temecula Promenade Expansion: On December 3,2015,staff received an application fora Major Modification to the Promenade Mall to convert a portion of the existing enclosed retail mall (Macy's wing) to an open-air shopping experience. In addition, two new restaurants will be constructed adjacent to the Macy's wing in the existing mall parking lot. Modifications to the existing mall area include removal of the roof, construction of open air concourse/plazas, addition of new exterior wall finishes with new tenant storefronts, new decorative paving, landscaping, lighting and amenities in - 1 - public areas. Additional site changes include modifications to the access/circulation at the Ring Road and Promenade Mall South, adjacent parking lot, and restriping of parking areas throughout the site. Staff met with the applicant and with the Promenade City Council Subcommittee on January 11, 2016 and the Planning Commission Promenade Subcommittee on February 25,2016 to discuss the plans. (KITZEROW) Altair Specific Plan: On November 12, 2013, City Council approved an Entitlement Processing Agreement with Ambient Communities (Developer) to process extensive land use entitlements for the 270 acre property located west of Old Town including General Plan Amendment, Specific Plan, Subdivision Maps, Development Agreement, and Environmental Impact Report (EIR). Ambient Communities is proposing a mixed-use development comprised of residential single-family and multi-family units, as well as retail/commercial, open space, and institutional uses. Staff is currently reviewing a Multiple Species Habitat Conservation Plan (MSHCP) Consistency Report and has prepared an Initial Study. The City entered into an agreement with Environmental Science Associates in July 2014 to prepare an Environmental Impact Report(EIR).An EIR Scoping Meeting was held on December 3,,2014. Keyser Marston Associates has prepared a fiscal impact analysis for the project. Staff is working through environmental issues associated with the MSHCP and wildlife corridors as well as negotiating the Development Agreement.A Draft EIR is anticipated to be circulated in March 2016. (PETERS) Temecula Creek Inn (TCI)Specific Plan: On February 23, 2016, the City Council approved a new contract with Michael Baker Incorporated (formerly RBF) to complete an Environmental Impact Report (EIR) for a proposed Specific Plan at the Temecula Creek Inn Golf Course and Resort. JC Resorts is proposing a General Plan Amendment, Specific Plan, Tentative Tract Map, and Development Plan for a hotel expansion. This project also includes a Fiscal Impact Analysis to evaluate the project's potential impacts on the City's General Fund. Since 2008, the Developer has modified the site plan and project description to address concerns regarding site layout, number of dwelling units, traffic impacts, avoiding cultural resources, deciding whether or not to include multi- family, debate about a Development Agreement, and timing of the hotel expansion. As a result of the changes, City Staff requested the applicant to complete a pre-application to make a final determination on the site plan and project description in an effort to move the project forward. Pre- application number PR15-1239 resulted in a revised final project description to include 385 single family dwelling units reducing the current 27-hole golf course to an 18-hole golf course resort and community on 305 acres located 44501 Rainbow Canyon Road. The Specific Plan proposes four Planning Areas: Planning Area 1 includes an expansion of the existing hotel by 99 rooms from 128 to 227 guest rooms, and the addition of a spa and banquet facilities totaling 153,837 square feet. Planning Areas 2-4 accommodate the 385 single family homes. Planning Area 5 consists of the golf course. For recordkeeping purposes,the project has been assigned new 2016 Planning Application (PA) numbers, (which replace the 2008 PA numbers), in order to correspond to the new project description and EIR contract with Michael Baker Incorporated. A Draft EIR is anticipated to be circulated in August 2016. (PETERS) Temecula Valley Hospital: City Council approved the Temecula Valley Hospital project on January 22, 2008. A Certificate of Occupancy for the Phase I hospital bed tower was received from the Office of Statewide Health Planning and Development (OSHPD) on July 19, 2013. United Health Services obtained State licensing to open the hospital for patients on October 14, 2013. On May 31, 2013, staff received a Major Modification application to modify the site plan and heliport Conditional Use Permit to relocate the heliport from an area nearthe northeast corner of the hospital building. UHS indicated that the heliport needs to be relocated based on concerns from the FAA and the aeronautical division of Caltrans. UHS proposed two phases of movement for the heliport: Phase I would place the heliport to the west of the hospital building, in one of the parking lot areas. - 2 - Phase II would place the heliport on the roof of the second hospital tower. In both cases, the proposed locations result in a change to the flight path that move it away from the Madera Vista residential project and changes the path to either head directly into or away from the prevailing wind direction (rather than perpendicular to the prevailing winds), as directed by the FAA and Caltrans. A Supplemental EIR (SEIR) was prepared by Environmental Science Associates (ESA). In July 2014, the applicant indicated intentions to add a 5,000 square foot facilities maintenance building to the hospital site. Staff has provided information regarding this new building to ESA for analysis in the SEIR, and the 45-day public reviewwas from November 12, 2014 through December29, 2014. The project was reviewed at the April 15, 2015 Planning Commission hearing and received a 4-0 vote (Guerriero absent) recommending approval. Staff has worked with the applicant's consultant and ESA to respond to comments received from the community at the Planning Commission hearing and has worked with the applicant's consultant to prepare additional graphics for use at the City Council hearing. The project was scheduled for the July 28, 2015, City Council hearing but was continued off calendar so that staff and the Supplemental EIR consultant could make revisions to the Supplemental EIR to address comments received from Ray Johnson on July 22, 2015. Staff anticipates that the Revised Draft Supplemental EIR will be available for public review from February 8, 2016 thru March 23, 2016. Staff anticipates bringing the project before the Planning Commission in May 2016 and before the City Council in June 2016. (FISK) Roripaugh Ranch Specific Plan: In 2013, the Planning Commission approved KB Homes, Standard Pacific, and Van Daele Developments' applications for Home Product Reviews in the Roripaugh Specific Plan Area. KB Home plans to construct 98 single-family homes. Standard Pacific plans to build 200 single-family homes under the names Montego and Cambridge. Van Daele Development will construct 113 single-family homes, 56 marketed as Verona, and 57 as Sorrento. The three builders will construct 411 homes in four of five available planning areas in the area commonly referred to the "panhandle."Three hundred sixty six(366) residential permits have been issued to date. Roripaugh Ranch Development Agreement Amendment and Specific Plan Amendment: In March 2014, Roripaugh Valley Restoration (RVR) applied for an amendment to the Roripaugh Ranch Development Agreement to modify the timing of infrastructure improvements and building permit thresholds for"pan" area the Specific Plan. Staff has been working with RVR to refine the deal points of the Development Agreement Amendment(DAA). RVR worked with the second owner in the "pan" area of the Specific Plan, Wingsweep, to come to agreement on improvement cost sharing. The Specific Plan Amendment is only for the purpose of consistency of the Specific Plan infrastructure timing requirements with the proposed Development Agreement Amendment. A Community Outreach meeting was held on November 19, 2015 for the applicant to present their proposed DAA changes to the Nicholas Valley and Roripaugh Ranch communities. The DAA and Specific Plan Amendment was reviewed by the Planning Commission on February 17, 2016 and received a 4-0-1 (Youmans absent) recommendation for approval. The project is scheduled for the March 8, 2016 City Council hearing. (FISK) Temecula Gateway: On November 3, 2014, staff received applications related to the proposed Temecula Gateway project. The proposed project will consist of a Planned Development Overlay/Zone Change and General Plan Amendment to change the General Plan designation to Community Commercial and the zoning designation to Planned Development Overlay 14, a Tentative Parcel Map to allow for the creation of seven lots from four, a Development Plan to allow for the construction of four commercial buildings totaling approximately 23,666 square feet, a Conditional Use Permit to allow for an automobile service station with a corresponding carwash and convenience store that will serve alcohol, a Conditional Use Permit to allow for a drive-thru for a restaurant. The City has entered into an agreement with Michael Baker International/PMC to - 3 - conduct an Environmental Impact Report for the project. The Draft EIR is anticipated to be circulated in April 2016. (JONES) Cypress Ridge: On December 21, 2015, staff received applications Development Plan to construct 245 market rate residential units in the form of duplex, triplex, attached and detached cluster units. The project will be located on the northeast corner of Pechanga Parkway and Loma Linda Road. Along with the Development Plan are applications for a Tentative Tract Map(for condo purposes), a Zone Change/Planned Development Overlay, and a General Plan Amendment. The applicant is also proposing to upgrade Pala Park to include amenities and play equipment for special needs. (JONES) LONG RANGE PLANNING Uptown Temecula Specific Plan: The Uptown Temecula Specific Plan Area encompasses approximately 560 acres and is located north of Rancho California Road, west of Interstate 15, south of Cherry Street, and east of Diaz Road. The Specific Plan is based upon the eight visioning recommendations of the community and as directed by the Jefferson Corridor Ad Hoc Subcommittee. The Specific Plan was adopted by the City Council along with the certification of the Final EIR on November 17, 2015. Staff is developing the scope of work for the Request for Proposal for the Streetscape Beautification Plan for the Specific Plan area. (WEST) Hike Bike Temecula (Multi-Use Trails and Bikeways Master Plan Update): On May 14, 2013, City Council awarded a contract to KTU+A to update the City's Multi-Use Trails and Bikeways Master Plan. A community workshop was held on October 26, 2013, and attendees provided feedback on bike lanes, sidewalks, trails, hiking paths, and equestrian connections. Community input was also collected through a survey via the project website www.hikebiketemecula.org. A Steering Committee meeting was held on February 25, 2014, with over 30 participants in attendance. The focus of the meeting was to summarize the survey results and to get feedback on proposed improvements in Old Town. The Old Town improvements include sharrows(shared bike lane markings) on Old Town Front Street, Bicycle Friendly Community signs, and strategically placed bike racks. On March 25, 2014, City Council approved an amendment to the contract that included Phase II of the Master Plan Update and additional sidewalk analysis. Phase I concluded with a community walk-ride event on May 10, 2014, highlighting priority locations for future trails and bike lanes based on the community's feedback. Staff is currently reviewing the Draft Master Plan. Presentations to the Community Service Commission,Traffic Public Safety Commission,and Planning Commission will be held in April before going to City Council in May. (PETERS) SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY Town Square Marketplace: On January 13, 2015, City Council entered into an Exclusive Negotiating Agreement(ENA)with Truax Development(Truax) in order to negotiate the disposition and development of the two, currently Successor Agency owned, vacant lots in front of the Civic Center, flanking the Town Square Park on the north and south sides of Main Street. On June 23, 2015, City Council extended the term of the ENA for an additional six months. While both Truax Development and the City have been negotiating in good faith, the complexities of the project require that the ENA be extended to allow for additional work to be completed. Upon agreeing to terms, the City and Truax envision drafting a disposition and development agreement that will be brought back before the Council for approval. The second amendment to the Exclusive Negotiating Agreement will be brought to City Council on March 8th to extend the term of the agreement. (WATSON) - 4 - Recognized Obligation Payment Schedule: As part of the ongoing wind-down of the former Temecula Redevelopment Agency, the Successor Agency (SARDA) is required to complete a Recognized Obligation Payment Schedule (ROPS)outlining the financial and debt obligations of the former Redevelopment Agency. Based on the outstanding obligations that are due in the six month period being reviewed, SARDA makes requests from the Property Tax Trust Fund to make the appropriate payments. On March 2, 2015, the Oversight Board resolution approving ROPS 15-16A was delivered to the California State Department of Finance, the California State Controller, and the Riverside County Auditor Controller per the requirements of the redevelopment dissolution legislation. The ROPS 15-16B was approved by the SARDA Oversight Board in September 2015. The ROPS 16-17 was approved by both the SARDA Board and the Oversight Board in January. (WATSON, LEHNER) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) & HOUSING Community Development Block Grant(CDBG)Administration: The City will receive$540,214 in CDBG grant funding for Fiscal Year 2015-16. The funding will be allocated as follows: 20 percent for program administration ($108,042), 15 percent for public services($81,032)to be divided evenly between nine non-profit service providers ($7,892 each) and $10,000 to the Fair Housing Council. The remaining 65 percent was allocated for infrastructure improvements. The Old Town Sidewalk Improvement project will receive$351,140. In April, the City processed a Substantial Amendment to redirect$160,561 of unspent funds from previous fiscal years. A total of$26,223 was allocated to Habitat for Humanity for the Critical Home Maintenance and Repair Program, $12,000 to GRID Alternatives for the Solar Affordable Housing Program, and $122,338 to the Sam Hicks Monument Park Playground Replacement project. The City entered into an agreement with MDG Associates on November 1, 2016 for the administration of CDBG services. Staff held two community and technical workshops for potential applicants on December 7, 2015. The application period for the 2016-17 fiscal yearwas open from December 1 through December 17, 2015. Staff has reviewed 14 applications for eligibility and presented them to the Finance Subcommittee for recommendations on February 9, 2016. Staff will bring the Annual Action Plan to the entire City Council on April 261H (LEHNER) CDBG Consolidated Plan and Analysis of Impediments to Fair Housing Choice: Every five years, the City, as an Entitlement City, is required to prepare an updated Consolidated Plan and Analysis of Impediments to Fair Housing Choice. The Consolidated Plan is designed to help states and local jurisdictions to assess their affordable housing and community development needs and market conditions, and to make data-driven, place-based investment decisions. The City entered into an agreement with MDG Associates on January 26, 2016. The Consolidated Plan will cover the period July 1, 2017 —June 30, 2022. (LEHNER) Affordable Housing Overlay and Density Bonus Ordinance: The City Council adopted the 2014- 2021 General Plan Housing Element Update on January 28,2014, and the City received certification from the State Department of Housing and Community Development(HCD) on March 10, 2014. A project processing schedule has been prepared for the Affordable Housing Overlay and Density Bonus Ordinances as required by Programs 1 and 4 of the Housing Element. The Code Amendment will also encompass land use updates as required by Program 3. The project is in the initial planning phase. Staff is currently conducting research and anticipates completing the ordinances for adoption in 2016. ENERGY & CONSERVATION Temecula Energy Efficiency Management (TEEM) Fund: The TEEM Fund is a self-sustaining fund that utilizes rebate incentives while also re-directing annual utility cost savings from energy - 5 - efficiency projects into the fund. City Council established the fund in June 2013, with an initial deposit of $119,728.90 in SCE and SCG rebates. As energy efficiency projects are completed, rebates are deposited into the fund for future energy efficiency project. The current fund balance is now $196,797.00. Staff worked with Public Financial Management, funded through the Western Riverside Energy Partnership, to develop a policy manual for the TEEM Fund, focusing on policies and methodologies for determining the amount of utility savings to be deposited into the fund after projects are completed. (WEST) Western Riverside Energy Leadership Partnership: This Partnership, consisting of eleven Western Riverside Council of Government (WRCOG) member cities, Southern California Edison (SCE), and Southern California Gas (SCG), provides incentives for participants to develop energy efficiency programs. Temecula was the first City in the Partnership to achieve Gold Level status by completing 13 energy efficiency projects in FY 2012-13, resulting in nearly$100,000 of annual utility cost savings. In FY 2013-14, the City has upgraded the Community Recreation Center parking lot lights with new LED lighting fixtures. This resulted in 9,155 kWh saved and an additional $2,280 in annual savings. Staff recently completed a comprehensive energy audit of the Temecula Library with assistance from the Partnership. The audit identified 9 energy efficiency measures which could save an estimated 107,429 kWh annually,which also equates to an estimated annual cost savings to the City of $17,278. If all efficiency measures are implemented, the City would receive approximately $20,952 in rebate incentives from SCE and SCG. Implementing these measures would allow the City to achieve Platinum Level in the Partnership kWh savings requirements, giving the City higher rebate incentives for future energy efficiency measures. (WEST) Solid Waste and Recycling Program: Staff manages the City's Solid Waste and Recycling Agreement with CR&R and acts as a liaison between the City, CR&R, and their customers. City staff and CR&R coordinate two Citywide Clean-up events each year for residents to dispose of household waste and large miscellaneous items that do not fit into the standard residential trash receptacle. Staff also assists with outreach for the Riverside County Mobile Household Hazardous Waste Collection events and the Backyard Composting Workshops. The Residential Organics Recycling Program was adopted by the City Council in June 2015 to be implemented in 2016. Staff is working with CR&R to develop outreach materials, which include a letter to be mailed to each resident/home, an article in the City's Newsletter, information on the City's website, and information on the Public Information Channel and the City's Facebook page. Implementation will begin following the completion of the CR&R anaerobic digestion facility. CR&R anticipated their anaerobic digestion facility to be operational in the spring of 2016. (WEST) BUILDING & SAFETY Inspections: For the month of February, Building and Safety conducted 1,101 inspections. On average, there were 55.05 inspections per day, or 13.76 inspections per day, per inspector. Permits: During the months of February, Building and Safety issued 334 building permits. Of these permits, 34 were new single family and 73 were photovoltaic permits. Some of these permits from this month included: New Construction Protea Assisted Living Facility—27350 Nicolas Road - 6 - Tenant Improvements Dynamic Vision —41923 2nd Street Luna Grill —40756 Winchester Road Kurlan Dermatology Medical Center— 31515 Rancho Pueblo Road Non-Construction Certificate of Occupancy Vivint Solar—27449 Colt Court Yogurt Cup — 30630 Rancho California Road South Temecula Veterinary Hospital — 32844 Wolf Store Road Beverly Hills Physicians—40963 Winchester Road CODE ENFORCEMENT During the month of February, Code Enforcement responded to 75 web complaints. In addition,the division opened 87 code cases and forwarded 25 referrals to Public Works, Police,Animal Control, and Fire. Code Enforcement also pulled 500 non-conforming signs in the community and assisted 35 people at the Community Development Counter. Detailed Code Enforcement case activity can be found in the following chart: TYPE OF CODE CASE TYPE TOTAL Abandoned or Inoperable Vehicle 0 Vacant Home/ Property Maintenance/ Rodent/ Mold 26 Business or Home Occupation w/o license/CUP 8 Trash and Debris/ Dumping 8 Overgrown Vegetation /Weeds/ Fire Hazard 5 Green Pool/Vector Control 2 Graffiti 3 Noise/Nuisance/Animal Control 5 Trailer/ RV Stored/Boat 1 Construction w/o Permit/Building Code 4 Encroach Public ROW/Trash Cans 5 Other/Homeless Encampment 11 Signs Pulled -Violations 6 Public Safety& Health 2 TOTAL NUMBER OF CASES 86 Foreclosure Tracking: Code Enforcement works with the local real estate community to monitor foreclosures, defaults and real estate owned properties. The following charts demonstrate the past six months of activities in Temecula. - 7 - Residential Foreclosure Tracking September October November December January February 2015 2015 2015 2015 2016 2016 DEFAULT 75 76 80 81 84 81 FORECLOSED 49 57 50 45 60 64 REO 87 1 79 1 85 1 90 1 81 1 83 TOTALS 211 1 212 215 216 225 228 Commercial Foreclosure Tracking September October November December January February 2015 2015 2015 2015 2016 2016 DEFAULT 2 2 2 2 2 2 FORECLOSED 0 0 0 0 0 0 REO 11 12 11 10 10 10 TOTALS 13 14 13 12 12 12 - 8 - PLANNING ACTIVITY REPORT Assigned Planner Approval Business PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status PA16-0144 Jaime Cardenas 02/01/2016 02/01/2016 Hope Davidson (951)742-0552 Approved Case Title/Description: Local Errand Girl (Home Occcupation) PA16-0146 922-072-022 Brandon Rabidou 02/01/2016 Bhupeshkumar Bhupeshkumar Plan Review Patel Patel Case Title/Description: Rodeway Inn Temecula Mod:A Minor Modification(Planning Review Only)to install an external vent over the roof at the existing Rodeway Inn located at 28718 Old Town Front Street PA16-0147 953-531-018 Jaime Cardenas 02/01/2016 02/01/2016 Benjamin Approved Leiderman Case Title/Description: GBM Ventures LLC(Home Occupation) PA16-0148 960-214-033 Jaime Cardenas 02/01/2016 02/01/2016 MARY L Approved TRUJILLO Case Title/Description: MaryTrujillo (Home Occupation) PA16-0150 955-164-009 Jaime Cardenas 02/01/2016 02/01/2016 Esteban Valdez (951)297-8697 Approved Jr Case Title/Description: Estevan Valdez Landscaping(Home Occupation) PA16-0151 919-190-015 Jaime Cardenas 02/01/2016 02/01/2016 Landen Approved Schaumann Case Title/Description: Tropi-Cal Pool Service and Repair(Home Occupation) PA16-0155 921-810-010 Jaime Cardenas 02/02/2016 02/02/2016 Jena Erholtz Approved Case Title/Description: Jena Erholtz Twitch.TV Stream(Home Occupation) PA16-0156 921-720-012 Brandon Rabidou 02/02/2016 Joseph Marca (760)743-4109 DCH Plan Review ext 214 Investments Inc. Case Title/Description: DCH Honda Mod:A Minor Modification to the existing DCH Honda to update the exterior finishes, expand the drive canopy by 1,290 square feet, and update the existing entrance facade at 26755 Ynez Road Page 1 of 11 Assigned Planner Approval Business PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status PA16-0157 910-420-030 James Atkins 02/02/2016 02/22/2016 Starr De La Cruz (310)606-2078 TEMECULA Approved TOWNE CENTER ASSOC Case Title/Description: Brighton MOD: a Minor Modification(Planning Review Only)to allow for Brighton retailer to construct a new door(and design above the door)at a location at the Promenade Mall in the Main Street general area. The site is located at 40756 Winchester Road. PA16-0163 921-300-007 Jaime Cardenas 02/03/2016 03/02/2016 Rachel Hartless (405)525-2998 Rancho Completed ext 135 California Apartments Case Title/Description: Rancho California Apartments ZL:A Zoning Letter for the Rancho California Apartment complex located at 29210 Stonewood Road(APN 921-300-007). PA16-0164 961-221-002 Jaime Cardenas 02/03/2016 02/03/2016 Ken Cantrell (951)695-7480 Approved Case Title/Description: KC Plumbing Inc(Home Occupation) PA16-0166 921-060-018 James Atkins 02/03/2016 Rick Johnson (951)308-4568 Plan Review Case Title/Description: Islander BBQ Sale TUP: a Temporary Use Permit to allow for a sales event from February 21st to March 6th. The event will conducted in the parking lot between Jefferson Avenue and the store front and run between the hours of 9:00 a.m. and 5:00 p.m. Tents will be used to provide cover for the outdoor storage/display of merchandize. The site is located at 28011 Jefferson Avenue. PA16-0168 955-072-030 Jaime Cardenas 02/03/2016 02/03/2016 Matthew Smith Approved Case Title/Description: Matthew Smith(Home Occupation) PA16-0169 955-072-029 Jaime Cardenas 02/03/2016 02/22/2016 Bradley Brenkus Approved Case Title/Description: Elite Mortgage Notary(Home Occupation) PA16-0172 921-300-007 James Atkins 02/03/2016 03/08/2016 Relativity Relativity Architects (310)573-4300 Rancho Approved Architects California Apartments Case Title/Description: Stonewood fenestration MOD: a Minor Modification(Planning Review Only)to allow for the replacement of window, doors, roofing, and installation of a new wall. The site is located at 29210 Stonewood Road. Page 2 of 11 Assigned Planner Approval Business PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status PA16-0173 921-300-007 James Atkins 02/03/2016 Relativity Relativity Architects (310)573-4300 Rancho Plan Review Architects California Apartments Case Title/Description: Stonewood Com Bldg MOD: a Minor Modification to allow the expansion of the existing community building. The expansion includes adding 1,000 sq.ft. to the existing facility, path of travel upgrades, and updating the amenities and offices. The site is located at 29210 Stonewood Road. PA16-0175 954-020-005 James Atkins 02/03/2016 02/19/2016 Arvin Norouzi (818)653-1393 Rancho Approved California Water District Case Title/Description: VZW Pauba MOD: a Minor Modification(Planning Review Only)to allow for Verizon Wireless to remove and replace six(6)panel antennas and supporting equipment. The site is located at 41520 Margarita Road. PA16-0177 962-162-015 Jaime Cardenas 02/04/2016 02/23/2016 Frank Scott Approved Harris Case Title/Description: Harris Door&Trim Inc. (Home Occupation) PA16-0181 957-212-017 Brandon Rabidou 02/04/2016 02/08/2016 John Kowalczyk Approved Case Title/Description: J &J Packaging House(Home Occupation) PA16-0187 962-321-037 Jaime Cardenas 02/05/2016 02/05/2016 Robert Jones III Approved Case Title/Description: Just Bounce Inflatable Party Rentals(Home Occupation) PA16-0188 Dale West 02/05/2016 02/05/2016 Keiko Yamasaki Approved Case Title/Description: Keiko Yamasaki Photography(Home Occupation) PA16-0189 954-402-034 Jaime Cardenas 02/05/2016 02/11/2016 MATTHEW Approved CLARK Case Title/Description: MTC Firearms Training(Home Occupation) PA16-0190 961-222-003 Jaime Cardenas 02/05/2016 02/05/2016 Pamela Rossi Approved Case Title/Description: Pamela Rossi's Always 5 Star(Home Occupation) PA16-0192 922-120-008 James Atkins 02/05/2016 02/29/2016 Sergio Garcia (760)880-6796 Genaro Approved Dominguez Case Title/Description: Lienzo Charro MOD: a Minor Modification(Planning Review Only)to allow for the construction of a 914 sq.ft.cover to the outdoor patio at the existing Lienzo Charro restaurant. The site is located at 29000 Old Town Front Street Page 3of11 Assigned Planner Approval Business PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status PA16-0193 919-461-029 02/08/2016 Alan Sanchez Plan Review Case Title/Description: Today(Home Occupation) PA16-0196 959-261-003 Eric Jones 02/08/2016 02/08/2016 Sandy Villella Approved Case Title/Description: Valley&Coast Financial Services, Inc(Home Occupation) PA16-0197 919-240-003 Jaime Cardenas 02/08/2016 02/08/2016 Bernice Serrano Approved Case Title/Description: Bernice's House Cleaning(Home Occupation) PA16-0198 961-450-005 Jaime Cardenas 02/08/2016 03/02/2016 Stephen Miller Approved Case Title/Description: A Reliable Pool Service(Home Occupation) PA16-0199 909-374-045 Brandon Rabidou 02/09/2016 George Niotta (951)848-9726 George Niotta Plan Review Case Title/Description: Remington Industrial Mod:A Minor Modification(Planning Review Only)to remove the existing glass facade and install a steel roll-up door at 42225 Remington, Suite A-18 PA16-0200 955-382-022 Jaime Cardenas 02/09/2016 02/10/2016 Jessica Pelle (951)970-9788 Approved Case Title/Description: Jessica Pelle(Home Occupation) PA16-0202 922-220-002 Matt Peters 02/09/2016 Latitude 33 Latitude 33 (858)751-0633 Regency Plan Review Planning& Planning& Properties Engineering Engineering Temecula, L.P. Case Title/Description: Temecula Creek Inn SP:A Specific Plan to expand Temecula Creek Inn into a master-planned 18-hole golf course resort and community on 305 acres located 44501 Rainbow Canyon Road. The Specific Plan proposes four Planning Areas: Planning Area 1 includes an expansion of the existing hotel by 99 rooms from 128 to 227 guest rooms(active adult option on 126 units)and the addition of a spa and banquet facilities totaling 153,837 square feet. Planning Areas 2-4 include a maximum 409 single family and multi-family residential units ranging in size from 1,600 to 4,300 square feet. Related Cases PA16-0203 PA16-0204, PA16-0205(APNs 922-220-002; 003; 008; 031; and 922-230-002; 003; 004; 007; 008) Previously tracked under PA08-0118 Page 4 of 11 Assigned Planner Approval Business PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status PA16-0203 922-220-002 Matt Peters 02/09/2016 Latitude 33 Latitude 33 (858)751-0633 Regency Plan Review Planning& Planning& Properties Engineering Engineering Temecula, L.P. Case Title/Description: Temecula Creek Inn GPA:A General Plan Amendment to amend the City of Temecula General Plan Land Use Element text and exhibits to allow for non-resort related uses including single and multi-family residences for the proposed Temecula Creek Inn expansion located at 44501 Rainbow Canyon Road. Related Cases PA16-0202, PA16-0204, PA16-0205(APNs 922-220-002; 003; 008; 031; and 922-230-002; 003; 004; 007; 008) Previously tracked under PA08-0119 PA16-0204 922-220-002 Matt Peters 02/09/2016 Randi (619)417-2000 Regency Plan Review Coopersmith Properties Temecula, L.P. Case Title/Description: Temecula Creek Inn TTM:ATentative Tract Map(36514)to subdivide nine parcels (305 acres)into 385 single family residential lots, and open space development for the golf course and resort for the proposed Temecula Creek Inn expansion located at 44501 Rainbow Canyon Road. Related Cases PA16-0202, PA16-0203, PA16-0205(APNs 922-220-002; 003; 008; 031; and 922-230-002; 003; 004; 007; 008) Previously tracked under PA08-0120 PA16-0205 922-220-002 Matt Peters 02/09/2016 Latitude 33 Latitude 33 (858)751-0633 Regency Plan Review Planning& Planning& Properties Engineering Engineering Temecula, L.P. Case Title/Description: Temecula Creek Inn DP:A Development Plan to construct a 153,837 square foot expansion to the Temecula Creek Inn and golf-course resort located at 44501 Rainbow Canyon Road. The expansion includes a 126,382 square foot hotel, a 14,825 square foot banquet facility, and a 12,630 square foot spa facility to be located within Planning Area 1 of the proposed Temecula Creek Inn Specific Plan. Related Cases PA16-0202, PA16-0203&PA16-0204, (APNs 922-220-002; 003; 008; 031; and 922-230-002; 003; 004; 007; 008) Previously tracked under PA08-0121 PA16-0207 920-090-005 Jaime Cardenas 02/09/2016 03/04/2016 Andrea Francis Chapparal High Approved School Education Foundation Case Title/Description: Chaparral High School Bingo License:A Bingo License Application for Chaparral High School Eduction Foundation for events on February 20th, March 19th,April 16th, May 21st, June 18th, and July 16th of 2016 located at 27215 Nicolas Road. PA16-0208 916-653-014 Jaime Cardenas 02/09/2016 02/09/2016 Gretchen Approved Johnson Case Title/Description: Gretchen A Johnson(Home Occupation) Page 5of11 Assigned Planner Approval Business PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status PA16-0209 921-750-001 James Atkins 02/09/2016 Tina Doherty (213)380-8498 JRAKK PROP Out Case Title/Description: Bluewater Grill MOD: a Minor Modification to allow for the existing Bluewater Grill to construct a new 790 square foot outdoor deck adjacent to the front entry. The site is located at 26700 Ynez Road. PA16-0213 910-290-018 Brandon Rabidou 02/09/2016 Tom Love (951)440-8149 Winchester Plan Review Marketplace Case Title/Description: Jared Jewelers DP:A5,850 square foot Development Plan for Jared Jewelers to demolish the existing Mimi's Cafe and replace the building with a new structure located at 40825 Winchester Road PA16-0214 920-170-010 Brandon Rabidou 02/10/2016 02/11/2016 Abby Vasquez (714)519-1400 Donald Ramos Approved Case Title/Description: Ramos Minor MOD:A Minor Modification(Planning Review Only)to add 584 square feet to an existing residence located at 39947 Sweet Briar Circle PA16-0218 922-220-031 James Atkins 02/10/2016 03/07/2016 Chris Doheny (619)994-8528 REGENCY Approved PROP TEMECULA Case Title/Description: T-Mobile Wireless MOD: a Minor Modification to allow for T-Mobile to relocate wireless communication equipment and expand the facilities at an existing site. The expansion will consist of adding additional antennas to an existing monopine pole and relocating equipment cabinets. The site is located at 44501 Rainbow Canyon Road. PA16-0219 959-352-020 Jaime Cardenas 02/11/2016 Alyson Belden (951)296-1026 Out Case Title/Description: Copies and More-Home Occpation PA16-0225 953-300-006 Jaime Cardenas 02/11/2016 02/11/2016 Gaylord Holland (781)962-8234 Approved Case Title/Description: Reality Rally(Home Occupation) PA16-0230 962-531-003 System 02/12/2016 Charles Downs (310)748-6858 Plan Review Case Title/Description: Charles R Downs, National Industrial Supply, LLC PA16-0232 02/12/2016 Brandon Bowers Plan Review Case Title/Description: TCB Garage Flooring(Home Occupation) Page 6 of 11 Assigned Planner Approval Business PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status PA16-0233 919-362-069 Jaime Cardenas 02/12/2016 02/12/2016 Jessica Hoene Approved Case Title/Description: 2 Olives&a Twist(Home Occupation) PA16-0238 922-140-006 Jaime Cardenas 02/16/2016 02/16/2016 BRICE KITTLE Approved Case Title/Description: Sabre Residential (Home Occupation) PA16-0239 960-101-019 Jaime Cardenas 02/16/2016 02/16/2016 Christopher Approved Mauricio Case Title/Description: The Computer Witchdoctor(Home Occupation) PA16-0242 959-090-001 Jaime Cardenas 02/16/2016 02/16/2016 Mario Imperato (951)440-2801 Approved Case Title/Description: Stepping Stone Sporthorses(Home Occupation) PA16-0247 955-441-006 Matt Peters 02/16/2016 02/16/2016 Brittany Approved Magnuson Case Title/Description: Magnuson Business Services-Home Occupation PA16-0253 961-400-032 Jaime Cardenas 02/17/2016 02/29/2016 Terry Shillito Jr Approved Case Title/Description: Wolf Creek Coffee(Home Occupation) PA16-0255 910-470-006 James Atkins 02/17/2016 03/07/2016 Dennis Barcena (520)545-7161 Inland Western Approved Temecula Commons LLC Case Title/Description: Ulta MOD: a Minor Modification(Planning Review Only)to allow for the subdivision and elevation modification of the existing JoAnn building creating a new Ulta Cosmetics retail space. The modifications include revised elevations with materials including stone wainscot and awnings. The site is located at 40460 Winchester Road. PA16-0258 961-111-021 Jaime Cardenas 02/17/2016 Nathan Gleason (951)816-9039 Cancelled Case Title/Description: Nate's Mobile Detail (Home Occupation) PA16-0259 961-111-021 Jaime Cardenas 02/17/2016 Nathan Gleason (951)816-9039 Cancelled Case Title/Description: Nate's Mobile Detail (Home Occupation) PA16-0260 961-451-093 Jaime Cardenas 02/17/2016 02/17/2016 Ivy Arabejo Approved Case Title/Description: Smarty Non-Emergency Medical Transport, LLC(Home Occupation) Page 7 of 11 Assigned Planner Approval Business PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status PA16-0261 955-313-008 Jaime Cardenas 02/17/2016 03/03/2016 Kelsey Perry Approved Case Title/Description: Kelsey Marie Events&Designs(Home Occupation) PA16-0263 961-080-011 System 02/18/2016 Andrew Todd Plan Review Case Title/Description: Trigger Pull Armory(Home Occupation) PA16-0265 959-222-006 Jaime Cardenas 02/18/2016 02/18/2016 Jacob Dunford Approved Case Title/Description: Jacob Dunford Media(Home Occupation) PA16-0266 960-093-004 Scott Cooper 02/18/2016 02/18/2016 Approved Case Title/Description: Los Ninos Child Care(Home Occupation) PA16-0268 921-050-003 Scott Cooper 02/18/2016 02/25/2016 Josh Griggs (760)539-6969 Dan Approved Henderson Case Title/Description: Dan Henderson MMATUP:A Major Temporary Use Permit for a State of California sanctioned Mixed Martial Arts event to be held on March 12th, 2016 from 4:00 p.m. to 10:00 p.m. at 27901 Jefferson Avenue PA16-0269 957-760-020 Jaime Cardenas 02/18/2016 02/18/2016 Kendra Jabbour Approved Case Title/Description: Sweetology(Home Occupation) PA16-0270 922-043-002 Eric Jones 02/18/2016 Christopher (951)639-0301 John McCusker Plan Review Campbell Case Title/Description: Boutique Hotel Development Plan:A Development Plan application for a five-story 155,630 square foot hotel generally located along the southside of 3rd Street between Old Town Front Street and Mercedes Street.The hotel will contain 151 guest rooms.A parking structure will also be constructed directly across 3rd Street.The parking structure will total 98,331 square feet and contain 201 parking spaces that will be for valet only. PA16-0271 944-290-021 Jaime Cardenas 02/18/2016 02/18/2016 Nathan Gleason (951)816-9039 Approved Case Title/Description: Nate's Mobile Detail (Home Occupation) PA16-0278 965-321-008 Jaime Cardenas 02/19/2016 02/19/2016 Michelle Hillis Approved Case Title/Description: Beautiful Blooms by Michelle Hillis(Home Occupation) Page 8of11 Assigned Planner Approval Business PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status PA16-0280 910-420-030 Brandon Rabidou 02/22/2016 Andrea Mansour TEMECULA Cancelled TOWNE CENTER ASSOC Case Title/Description: Tesla Minor Mod:A Minor Modification(Planning)for Tesla to modify an existing Planning Application(PA15-1356)and rotate the existing charging stations 90 degrees at 40820 Winchester Road PA16-0281 918-330-055 Jaime Cardenas 02/22/2016 02/22/2016 Nathan Zapata (951)551-5481 Approved Case Title/Description: Nathan M Zapata Construction(Home Occupation) PA16-0284 957-770-048 James Atkins 02/22/2016 02/29/2016 Christine Moore (951)354-2121 Walcott 45 Approved Case Title/Description: The Vineyards MOD: a Minor Modification(Planning Review Only)to allow for Van Daele Home to revise the pocket part splash pad. The revisions include utilizing a drought tolerant system that reuses system water for irrigation; and, installation of a motor at the southeast corner of the park. The site is located at the southeast corner of Lomardy Street and Seville Street in the Vineyards community. PA16-0285 953-422-013 Jaime Cardenas 02/22/2016 02/22/2016 Daniel Schmidt Approved Case Title/Description: Daniel Howard Schmidt(Home Occupation) PA16-0286 961-455-087 Jaime Cardenas 02/22/2016 02/22/2016 David Bennett Approved Case Title/Description: Bennett Builders(Home Occupation) PA16-0291 910-361-001 02/23/2016 Jonathan Stallo Plan Review Case Title/Description: Jon Stallo Insurance(Home Occupation) PA16-0292 959-202-045 Jaime Cardenas 02/24/2016 02/24/2016 Jon Bradley Approved Case Title/Description: Junk Aid LLC(Home Occupation) PA16-0293 959-202-045 Jaime Cardenas 02/24/2016 03/03/2016 Sharissa Bradley (760)468-3512 Approved Case Title/Description: Junk Aid LLC(Home Occupation) PA16-0295 922-120-011 Brandon Rabidou 02/24/2016 Bill Alden (951)255-1116 Edwin Manske Plan Review Case Title/Description: Shooters CUP:A Conditional Use Permit to allow for a Type 47(On-Sale General for Bona Fide Public Eating Place)ABC license at an existing pool hall located at 28950 Old Town Front Street Page 9of11 Assigned Planner Approval Business PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status PA16-0300 961-091-034 Jaime Cardenas 02/24/2016 02/24/2016 Raelene Pablo Approved Case Title/Description: Berry Fresh(Home Occupation) PA16-0303 959-231-031 Jaime Cardenas 02/25/2016 02/29/2016 CHRISTOPHER (858)255-9462 Approved UMLOUF Case Title/Description: Old School Geeks LLC(Home Occupation) PA16-0310 921-750-014 James Atkins 02/25/2016 Larry Slusser The Legacy Group (951)440-5336 ACNE DEV Plan Review Inc Case Title/Description: Temporary Use Permit for River Springs Charter School to allow use of the facility while the Conditional Use Permit is being processed PA16-0312 916-373-003 Jaime Cardenas 02/25/2016 03/03/2016 Shannon Cox Approved Case Title/Description: Memories and Promises Photograhpy(Home Occupation) PA16-0313 944-351-013 Jaime Cardenas 02/25/2016 02/25/2016 Sheila Ryle (951)377-2268 Approved Case Title/Description: Shakespeare in the Vines(Home Occupation) PA16-0317 922-242-069 Jaime Cardenas 02/26/2016 02/26/2016 Kevin Grady Approved Case Title/Description: Kevin J. Grady(Home Occupation) PA16-0319 962-472-019 Jaime Cardenas 02/26/2016 02/26/2016 Holli Granados (951)676-0543 Approved Case Title/Description: The Cookie Confectionery(Home Occupation) PA16-0320 921-700-016 Jaime Cardenas 02/26/2016 PK I PALOMAR PK I PALOMAR (760)598-2067 Plan Review VILLAGE VILLAGE Case Title/Description: Bob and Gary's Field Fresh Strawberry's Major Temporary Use Permit:A Major Temporary Use Permit to allow a strawberry stand to be located at 4225 Margarita Road.The stand will be open from March 1st through August 31, 2016 from 7 am-7 pm. PA16-0323 955-421-053 02/29/2016 Jamie Kutzmarski Plan Review Case Title/Description: Littlegarb Apparel -Home Occupation PREAPP16-016 922-190-035 Scott Cooper 02/03/2016 02/18/2016 Tom Utman (949)275-1858 City of Completed 5 Temecula Case Title/Description: Fast 5 Xpress Car Wash DP:A Pre-Application for Fast 5 Xpress Car Wash to develop a 5,000 square-foot self service car wash and 3,200 square-foot drive-thru restaurant at 29805 Vallejo Road Page 10 of 11 Assigned Planner Approval Business PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status PREAPP16-029 910-282-002 Scott Cooper 02/24/2016 Firas Jamal (323)630-9555 Japan Inv, Inc Plan Review 4 Case Title/Description: Jefferson&Winchester Hotel Pre-App:A Pre-Application for the development of a new 3-story, 68 room,41,563 sq.ft boutique hotel on 0.8 acres.The site is generally located at the northwest corner of Winchester Road and 1-15. PREAPP16-029 961-440-010 James Atkins 02/24/2016 Jess Gonzales (619)292-5520 Borchard Plan Review 8 Temecula Case Title/Description: Pechanga Square Pre-app:A 18,570 square foot pre-application for a gas station, four retail buildings, a convenience store and commercial facility located at Pechanga Parkway and Temecula Parkway(APN: 961-440-010) Page 11 of 11 Item No . 19 Approvals City Attorney Finance Director City Manager (� CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jeffrey Kubel, Chief of Police DATE: March 22, 2016 SUBJECT: Police Department Monthly Report PREPARED BY: Joseph Greco, Sergeant RECOMMENDATION: Receive and file. The following report reflects the activity of the Temecula Police Department for the month of February 2016. PATROL SERVICES Overall calls for police service 2,990 "Priority One" calls for service 53 Average response time for "Priority One" calls 6.41 Minutes VOLUNTEERS Volunteer administration hours 243 Special Events hours 2 Community Action Patrol (CAP) hours 761 Reserve officer hours (patrol) 62 Training hours 168 Total Volunteer hours 922 CRIME PREVENTION Crime prevention workshops/Neighborhood watch meetings conducted 0/0 Safety presentations/Training 0/1 Special events 0 Residential/Business security surveys conducted 0/0 Businesses visited 0 Residences/Businesses visited for past crime follow-up 0/0 Station Tour 2 Planning Review Projects/Temp Outdoor Use Permits 6/1 Sq. Footage of Graffiti Removed 3,170 OLD TOWN STOREFRONT Total customers served 215 Sets of fingerprints taken 54 Police reports filed 11 Citations signed off 28 Total receipts $2,277 SPECIAL TEAMS (POP/ SET) On sight felony arrests 8 On sight misdemeanor arrests 26 Felony arrest warrants served 3 Misdemeanor arrest warrants served 12 Follow-up investigations 24 Parole/Probation Searches 2/15 Pedestrian Checks 46 Traffic Stops/Vehicle Checks 74 Crime Free Housing Checks 78 TRAFFIC Citations issued for hazardous violations 1031 Grant funded D.U.I. /Traffic safety checkpoints 0 Grant funded traffic click it or ticket 1 D.U.I. Arrests 17 Non-hazardous citations 333 Stop Light Abuse/Intersection Program (S.L.A.P.) citations 159 Neighborhood Enforcement Team (N.E.T.) citations 136 Parking citations 150 School Zone 68 Seatbelts 45 Cell Phone Cites 51 Injury collisions 32 INVESTIGATIONS Beginning Caseload 189 Total Cases Assigned 66 Total Cases Closed 37 Search Warrants Served 6 Arrests 2 Out of Custody Filings 2 PROMENADE MALL TEAM Calls for service 519 Felony arrest/filings 0 Misdemeanor arrest/filings 24 Traffic Citations 3 Fingerprints/Livescans 233 Total receipts $8,455 SCHOOL RESOURCE OFFICERS Felony arrests 5 Misdemeanor arrests 12 Reports 25 Youth counseled 181 Meetings 101 Item No . 20 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Thomas W. Garcia, Director of Public Works/City Engineer DATE: March 22, 2016 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file the Public Works Department Monthly Report for Capital Improvement Projects, Maintenance Projects, and Land Development Projects. City ®f 9emecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT MARCH 22, 2016 PROJECT NAME TOTAL BRIEF DESCRIPTION PROJECT ESTIMATED/CURRENT MILESTONES COST CAPITAL IMPROVEMENT PROJECTS CIRCULATION PROJECTS Citywide Slurry Seal for Arterial Streets $658,750 • City Council approved the solicitation of Slurry arterial streets (Winchester, Jefferson, and construction bids at the January 12, 2016meeting Temecula Parkway) with the goal to prolong their useful life and avoid much more costly roadway •Anticipate soliciting construction bids in rehabilitation measures March 2016 Interstate-15 / State Route 79 South $50,646,123 • Processing project approvals through Ultimate Interchange, PW04-08 Caltrans Construction of ramp system that will improve •Anticipate soliciting construction bids in late access to Interstate 15 from Temecula Parkway/ summer of 2016 State Route 79 South Pechanga Parkway Widening, PW15-14 $5,000,000 • Responses to Request for Proposals (RFP) Widening of Pechanga Parkway between Via for engineering design services and Gilberto to North Casino Drive environmental document received on February 25, 2016 • Responses to the RFP are currently being reviewed Winchester Road at Roripaugh Ranch $92,000 • City Council approved the solicitation of Road Signal construction bids at the January 12, 2016 Provides for the design and construction of meeting modifications by providing designated left run movements from Roripaugh Road onto Winchester Road INFRASTRUCTURE PROJECTS Old Town Front Street Pavement and $770,000 • Construction Contract awarded to DDH Storm Drain Rehabilitation, PW12-14 Apple Valley Construction, Inc. at the Replacement of the cross gutter at the south end March 8, 2016 City Council Meeting of Old Town Front Street with underground •Anticipate construction will begin in April pipes; rehabilitate Old Town Front Street from 2016 Temecula Parkway to First Street City ®f 9emecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT MARCH 22, 2016 PROJECT NAME TOTAL BRIEF DESCRIPTION PROJECT ESTIMATED/CURRENT MILESTONES COST CAPITAL IMPROVEMENT PROJECTS (continued) INFRASTRUCTURE PROJECTS (continued) Temecula Park and Ride, PW06-09 $2,764,093 • Construction Contract awarded to Aghapy Design and construction of a park and ride facility Group, Inc. at the February 23, 2016 City Council Meeting in the vicinity of Temecula Parkway and La Paz Street •Anticipate construction will begin in March 2016 PARKS & RECREATION PROJECTS: Sam Hicks Monument Park Playground $648,888 • Notice to Proceed with Design and Enhancement, PW12-20 Fabrication was issued on June 9, 2015 Design and construct a new innovative play area • Design plans (90%) have been reviewed to replace the existing equipment and comments were provided to the designer •An agreement for construction will be executed at a later date PROJECT NAME TOTAL BRIEF DESCRIPTION PROJECT ESTIMATED /CURRENT MILESTONES COST MAINTENANCE PROJECTS Playground Equipment Enhancement and $275,000 • Priority list and replacement program being Safety Surfacing prepared Replace aging play structures and associated safety surfacing Temecula Valley Museum $11,000 • Anticipated completion date by June 2016 Replace all leaking dual glazed windows with UV blocking glass City ®f 9emecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT MARCH 22, 2016 PROJECT NAME ESTIMATED/CURRENT MILESTONES BRIEF DESCRIPTION LAND DEVELOPMENT PROJECTS DePortola Professional Building . Sewer tie in submittal back to EMWD for the fourth Located at the corner of DePortola Road and Margarita time due to existing utility conflicts Road Murrieta Creek Restoration Project . Creek restoration has been suspended until after Army Corps of Engineers and Riverside County Flood the rainy season Control and Water Conservation District Old Town Sewer Project . Sewer pipe installation is complete EMWD project located at located at Front Street and . Pavement and sidewalk restoration to be Moreno Road to First Street performed mid- March through early April, 2016 Single Oak and Business Park Dr. . Re-aligned handicap ramps are under construction at this location • Expect narrow travel lanes during and after construction Terracina . The sewer main segment along Deer Hollow Standard Pacific Housing Development in County between Peach Tree Street and Peppercorn Drive is complete • Anticipate the sewer main segment between Pechanga Parkway and Peachtree Street will be constructed during the summer of 2016 REQUESTS TO SPEAK City Council Meeting 03/22/16 REQUEST TO SPEAK CITY OF TEMECULA 19fl9 Date: I wish to speak on: i Public Comment CITY COUNCIL/CSD / SARDA/THA/TPFA(Circle One) ubject: E] Agenda Item No. For F-1 Against El Request to Speak forms for Public Comments or items listed on the Consent Calendar must be submitted to the City Clerk Rrjor 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 t cord. Name: Address: If you are representing an organization up, please give e narrae� V Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK a CITY OF TEMECULA Date: I wish to speak on: Publ' ment CITY COUNCIL CSD/SARDA/THA/TPFA (Circle One) Subject: 4A6g4,1iZ 66ML ❑ Agenda Item No. For 0 Against M 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: Oaa-�-r1' l/ 7y'95 lc 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 01989 CITY OF TEMECULA d1�J Date: / 2�;2 I wish to speak on: 2"111111 �P_uuWi Comment CITY COUNCIL/ CSD //SSARDA/THA/TPFA (Circle One) Subject: Agenda Item No. For F-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 t e record/ Name: Address: Phone Number:� If you are representing an organization orup, 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 1989 Date: I wish to speak on: Public Comment CITY COU CIL/CSD /SARDA/THA/TP (Circle One) Subject: — 9 ❑ 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: h � D7\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 1989 I wish to speak on. Date: o Public CommeCITY COUN L/CSD / SARDA/THA/TPFA(Circle One) Subject: El 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 ar tate your name for t e record. Name: //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. REQUEST TO SPEAK CITY OF TEMECULA O1989 Date: I 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 tie your name fort recordl.� Name: b //d /. Address: � /� �,. Phone Number: If you are representing an organization or gro , please give the name: (Ni �� Please note that all information presented at a City Council meeting becomes public record. All information provided is optional.